Datasets:

nkandpa2

/

usgpo

like 0

BILLS-118hr8283ih

Clean Commitment to Leveraging Artificial Intelligence to Improve Medicare Sustainability Act; Clean CLAIMS Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8283 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8283 To amend title XI of the Social Security Act to provide for a demonstration project to support automatic claim submissions under Medicare, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 7, 2024 Mr. Schweikert introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XI of the Social Security Act to provide for a demonstration project to support automatic claim submissions under Medicare, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Commitment to Leveraging Artificial Intelligence to Improve Medicare Sustainability Act'' or the ``Clean CLAIMS Act''. SEC. 2. DEMONSTRATION PROJECT TO SUPPORT AUTOMATIC CLEAN CLAIM SUBMISSIONS UNDER MEDICARE. Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended by adding at the end following new subsection: ``(g)(1) The Secretary shall enter into an agreement with a MAC submitting an application under the jurisdiction of the MAC for the purpose of conducting a demonstration project under this subsection. ``(2) An agreement to conduct a demonstration project under this subsection shall-- ``(A) require the demonstration project to begin on the date that is the sooner of 1 year after the date of the enactment of this subsection or the first day on which the Secretary has sufficiently educated the physicians described in subparagraph (B), and end 3 years after the appropriate date; ``(B) require the MAC to identify and contract with no less than 500 physicians (as defined in 1861(r)) with National Provider Identifiers or Tax Identification Numbers to voluntarily participate in the demonstration project for the purpose of carrying out subparagraph (D); ``(C) provide for the education and training of providers described in subparagraph (B) on how the platform described in subparagraph (D) operates; and ``(D) provide for a point of care clean claims processing platform for physicians that leverages artificially intelligent technologies that is capable of automatically-- ``(i) creating claims under part B of title XVIII after live audio recording a patient-physician encounter; ``(ii) submitting claims described in clause (i) to the Secretary for reimbursement under such parts (as appropriate); ``(iii) applying the appropriate payer guidelines; and ``(iv) populates the required corresponding medical record documentation to support the items and services billed via the clean claim submitted pursuant to clause (ii). ``(3) The Secretary shall, within 6 months after the date of the enactment of this subsection, publish a request for proposal for the purpose of contracting with an entity with a service platform with the capabilities to perform the activities for the demonstration described in paragraph (2)(D). ``(4) Notwithstanding title XVIII, an individual enrolled under part B of title XVIII who receives care for a claim which is submitted under this demonstration project may not be responsible for any cost sharing for items and services furnished by a physicians described in subparagraph (B) during the demonstration project for items and services billed incorrectly or not covered under part B. ``(5) Any claim which is submitted under this demonstration project shall be exempt from the Medicare Fee for Service Recovery Audit Program. ``(6) Not later than 1 year after the date on which the demonstration project begins pursuant to paragraph (2)(A), the Secretary shall submit to Congress a report that-- ``(A) analyzes the data collected from the claims submitted pursuant to paragraph (2)(D); ``(B) evaluates feedback submitted by physicians described in paragraph (2)(B); ``(C) recommends any improvements of the demonstration project with respect, including how to scale the project; and ``(D) any other information the Secretary determines appropriate. ``(7) In this subsection: ``(A) The term `jurisdiction' means the defined geographic area in which a MAC processes claims submitted under part B of title XVIII. ``(B) The term `MAC' has the meaning given such term in section 1874A(a)(3).''. <all>

usgpo

2024-06-24T00:12:38.002996

BILLS-118s4302is

No Higher education Assistance for Mobs of Antisemitic and terrorist Sympathizing Students Act; No HAMAS Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4302 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4302 To provide that individuals convicted of certain crimes relating to institutions of higher education are ineligible for Federal student financial assistance under title IV of the Higher Education Act of 1965, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 9, 2024 Mr. Tillis (for himself, Mr. Risch, Mr. Crapo, Ms. Ernst, Mrs. Blackburn, Mr. Ricketts, Mr. Daines, Mr. Hawley, and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To provide that individuals convicted of certain crimes relating to institutions of higher education are ineligible for Federal student financial assistance under title IV of the Higher Education Act of 1965, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Higher education Assistance for Mobs of Antisemitic and terrorist Sympathizing Students Act'' or the ``No HAMAS Act''. SEC. 2. SUSPENSION OF ELIGIBILITY FOR FINANCIAL ASSISTANCE UNDER THE HIGHER EDUCATION ACT OF 1965. (a) Amendment.--Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) is amended by adding at the end the following: ``(u) Individuals Convicted of Trespassing or Damaging Institutional Property.-- ``(1) In general.--An individual described in paragraph (2) shall not be eligible to receive any grant, loan, or work assistance under this title. ``(2) Affected individuals.--An individual described in this paragraph is an individual who is convicted of any offense under any Federal or State law-- ``(A) based on conduct occurring at and during the course of a protest that occurs at an institution of higher education; and ``(B) involving-- ``(i) unlawful assembly, rioting, or trespassing on the campus (as such term is defined in section 485(f)(6)) of an institution of higher education; or ``(ii) damaging property of an institution of higher education.''. (b) Applicability.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act and apply with respect to any grant, loan, or work assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) on or after July 1, 2025. <all>

usgpo

2024-06-24T00:12:38.012512

BILLS-118s4284is

Education Flexibility for Veteran Parents Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4284 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4284 To amend title 38, United States Code, to increase the amount of monthly housing stipend received by parents pursuing a program of education through distance learning using Post-9/11 Educational Assistance, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Rubio (for himself and Ms. Rosen) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to increase the amount of monthly housing stipend received by parents pursuing a program of education through distance learning using Post-9/11 Educational Assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Flexibility for Veteran Parents Act of 2024''. SEC. 2. INCREASE IN MONTHLY HOUSING STIPEND FOR PARENTS PURSUING A PROGRAM OF EDUCATION THROUGH DISTANCE LEARNING USING POST-9/11 EDUCATIONAL ASSISTANCE. (a) In General.--Section 3313(c)(1)(B)(iii) of title 38, United States Code, is amended-- (1) by striking ``case of an individual'' and inserting the following: ``case of-- ``(I) an individual not described in subclause (II)''; (2) in subclause (I), as designated by paragraph (1), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subclause: ``(II) an individual who is the parent of a dependent child pursuing a program of education solely through distance learning on more than a half- time basis, a monthly housing stipend equal to the amount of monthly housing stipend the individual would receive under clause (i) if the individual was physically participating in a majority of classes in a campus of the institution of higher learning in the ZIP Code area in which the individual resides.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to the first academic year beginning after the date of the enactment of this Act and each academic year thereafter. <all>

usgpo

2024-06-24T00:12:38.051579

BILLS-118hr8328ih

Alternatives to Guardianship Education Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8328 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8328 To establish grants to provide education on guardianship alternatives for older adults and people with disabilities to health care workers, educators, family members, and court workers and court-related personnel. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Ms. Scanlon introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish grants to provide education on guardianship alternatives for older adults and people with disabilities to health care workers, educators, family members, and court workers and court-related personnel. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternatives to Guardianship Education Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Guardianship, although at times necessary, can negatively affect the person under guardianship by reducing or eliminating their self-determination and autonomy. (2) Although State courts and State laws attempt to provide some procedures to appoint trustworthy guardians, incidents of physical, financial, emotional, psychological, and other types of abuse have occurred to people under guardianship arrangements. (3) Once guardianship arrangements are in place, restoration of rights rarely occurs. (4) Less restrictive options to guardianship, such as supported decisionmaking and advance directives, offer ways to help people make decisions without losing their independence. (5) Awareness of guardianship alternatives by personnel that interact with individuals facing guardianship determinations, including health care workers, educators, family members, and court workers and court-related personnel, may help reduce unnecessary guardianship arrangements and preserve decisionmaking rights. (6) Families and disability support personnel have reported that they have limited awareness of guardianship alternatives. (b) Purpose.--The purpose of this Act is to improve the awareness of guardianship alternatives, for health care workers, educators, family members, and court workers and court-related personnel, through education programs. SEC. 3. DEFINITIONS. In this Act: (1) Aging agency.--The term ``aging agency'' means an organization that represents older adults, and that may have experience in serving family members of such adults. (2) Disability.--The term ``disability'' has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (3) Disability agency.--The term ``disability agency'' means an organization serving people with disabilities that-- (A) is operated by a board, on which-- (i) a majority of the members are people with disabilities or their family members; and (ii) the number of members on the board who are people with disabilities is greater than the number of members on the board who are family members; (B) has an advisory panel or council, on which-- (i) a majority of the members are people with disabilities or their family members; and (ii) the number of members on the board who are people with disabilities is greater than the number of members on the board who are family members; or (C) has employees, a majority of whom are people with disabilities. (4) Guardianship.--The term ``guardianship'' means-- (A) a protective arrangement resulting from the process by which a State court determines that an adult individual lacks capacity to make decisions about self- care, finances, property, or personal affairs, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker; (B) a protective arrangement in which the court- appointed surrogate decisionmaker carries out duties to the individual and the court; or (C) a protective arrangement in which the court exercises oversight of the surrogate decisionmaker. (5) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (6) Legal services agency.--The term ``legal services agency'' means a public or nonprofit organization that has experience providing legal services to low-income older adults or adults with disabilities. (7) Older adult.--The term ``older adult'' has the meaning given the term ``older individual'' as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. (9) State.--The term ``State'' means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Marianas. TITLE I--GUARDIANSHIP ALTERNATIVES EDUCATION FOR HEALTH CARE WORKERS SEC. 101. DEFINITIONS. In this title: (1) Eligible entity.--The term ``eligible entity'' means a partnership (established by a disability agency, legal services agency, or aging agency)-- (A) that includes-- (i) that disability agency, legal services agency, or aging agency; and (ii) at least one health care entity, department of such an entity, or specialty office of such an entity, that has frequent contact with people with disabilities or older adults, including-- (I) a primary care clinic, including a Federally qualified health center or rural health clinic (as such terms are defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (II) an emergency department; (III) a long-term care provider; (IV) a pediatric office; (V) a rehabilitation center; (VI) a geriatrician office; (VII) a neurology office; or (VIII) an entity providing a training program for health care workers in any specialty listed in this subparagraph; and (B) for which the establishing agency has memorialized the establishment, membership, and functions of the partnership in the form of a letter of support, memorandum of understanding, or similar document. (2) Health care workers.--The term ``health care workers'' means staff with direct contact with patients in health care settings, including physicians, advanced practice providers, nurses, medical assistants, social workers, health care administrators, dentists, dental hygiene professionals, receptionists, and mental health professionals. SEC. 102. GRANT PROGRAM. (a) In General.--The Secretary shall make grants, on a competitive basis, to eligible entities in States, and to eligible entities that serve Indian Tribes, to enable the recipients to carry out guardianship alternatives education programs for health care workers. (b) Term.--The Secretary may make such a grant for a first term of 3 years. An eligible entity may seek renewal of, and the Secretary may make, such a grant for a second term of 3 years, in order to expand service delivery of the education program to health care workers. SEC. 103. APPLICATIONS. To be eligible to receive a grant under this title, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information identifying the target population to receive instruction, and a projected number of participants in and graduates of the education program to be carried out under the grant; (2) a needs assessment, identifying the need for guardianship alternatives education for the target population proposed; (3) information identifying who will facilitate the related instruction; (4) a description of how the entity will conduct outreach to health care workers for the education program; (5) a description of learning objectives for the education program; (6) a description of activities to be carried out under the grant; (7) an evaluation plan for the education program; (8) a timeline for establishing and carrying out the education program; (9) information that demonstrates the instructors' knowledge of guardianship alternatives and experience in conducting education and training programs for the public; (10) information describing the format for the instruction, which may be in-person, online, or hybrid, and how the instruction and related materials will be accessible by all participants; and (11) a description of how the entity will, to the best of its ability, ensure the education program reaches populations from diverse backgrounds and communities and underserved demographic populations (such as an underserved race, ethnicity, gender, gender identity, sexual orientation, age, or type of disability). SEC. 104. USE OF FUNDS. (a) Required Uses.--An eligible entity that receives a grant under this title shall use the grant funds for-- (1) implementing an education program to enhance the awareness of alternatives to guardianship for health care workers; and (2) ensuring that the guardianship alternatives education program-- (A) discusses the background of guardianship, the possible consequences of unnecessary guardianship, and the need for guardianship alternatives; (B) covers the various guardianship alternatives available in the State or States involved; (C) includes a curriculum tailored to the needs of the target population; (D) includes, to the best of its ability, instructors with a diverse range of disabilities as instructors or speakers; (E) provides the instruction and related materials for the education program in accessible formats; and (F) includes, to the best of its ability, methods to reach populations from diverse backgrounds and communities and underserved demographic populations (such as an underserved race, ethnicity, gender, gender identity, sexual orientation, age, or type of disability). (b) Allowable Uses.--The eligible entity may use the grant funds for-- (1) recruiting individuals to receive guardianship alternatives education; (2) modifying a curriculum for the education program; (3) creating accessible materials for the education program, such as materials with Communication Access Realtime Translation, with American Sign Language, in Braille, in plain language, and in other appropriate formats; (4) transporting individuals enrolled in the education program to and from the instructional sessions; (5) providing child care during the instructional sessions for people in attendance; (6) conducting website management for the education program; (7) translating recruitment and instructional materials for the education program; (8) providing payment for venue for in-person instruction; (9) providing payment for costs of arranging for professional continuing education credits; (10) providing reasonable food and beverages for in-person instruction; (11) expanding or adapting an existing (as of the date of submission of the application for the grant) guardianship alternatives education program; or (12) providing payment for instructors (including guest instructors) and speakers. TITLE II--GUARDIANSHIP ALTERNATIVES EDUCATION FOR EDUCATORS SEC. 201. DEFINITIONS. In this title: (1) Educators.--The term ``educators'' means teachers and other staff (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), in a public or private elementary school or secondary school, that have contact with students with disabilities and their caregivers, including-- (A) teachers; (B) special education teachers; (C) special education directors; (D) transition coordinators; (E) State qualified vocational rehabilitation counselors, as defined in section 100(a)(3)(E) of the Rehabilitation Act of 1973 (29 U.S.C. 720(a)(3)(E)); (F) any person providing pre-employment transition services, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705); (G) paraprofessionals; (H) school social workers; (I) school psychologists; (J) school counselors; (K) educational diagnosticians; (L) specialized instructional support personnel, as defined in that section 8101; and (M) staff of a training program for an occupation described in any of subparagraphs (A) through (L). (2) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Eligible entity.--The term ``eligible entity'' means a partnership (established by a disability agency or legal services agency)-- (A) that includes-- (i) that disability agency or legal services agency; and (ii) a local educational agency, or a public or private elementary school or secondary school, that employs educators; and (B) for which the establishing agency has memorialized the establishment, membership, and functions of the partnership in the form of a letter of support, memorandum of understanding, or similar document. SEC. 202. GRANT PROGRAM. (a) In General.--The Secretary shall make grants, on a competitive basis, to eligible entities in States, and to eligible entities that serve Indian Tribes, to enable the recipients to carry out guardianship alternatives education programs for educators. (b) Term.--The Secretary may make such a grant for a first term of 3 years. An eligible entity may seek renewal of, and the Secretary may make, such a grant for a second term of 3 years, in order to expand service delivery of the education program to educators. SEC. 203. APPLICATIONS. To be eligible to receive a grant under this title, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information identifying the target population to receive instruction, and a projected number of participants in and graduates of the education program to be carried out under the grant; (2) a needs assessment, identifying the need for guardianship alternatives education for the target population; (3) information identifying who will facilitate the related instruction; (4) a description of how the entity will conduct outreach to educators for the education program; (5) a description of learning objectives for the education program; (6) a description of activities to be carried out under the grant; (7) an evaluation plan for the education program; (8) a timeline for establishing and carrying out the education program; (9) information that demonstrates the instructors' knowledge of guardianship alternatives and experience in conducting education and training programs for the public; and (10) information describing the format for the instruction, which may be in-person, online, or hybrid, and how the instruction and related materials will be accessible by all participants. SEC. 204. USE OF FUNDS. (a) Required Uses.--An eligible entity that receives a grant under this title shall use the grant funds for implementing an education program to enhance the awareness of alternatives to guardianship for educators and ensuring that the education program meets the requirements of section 104(a)(2). (b) Allowable Uses.--The eligible entity may use the grant funds to carry out the activities described in section 104(b), for the education program. TITLE III--GUARDIANSHIP ALTERNATIVES EDUCATION FOR FAMILIES SEC. 301. DEFINITIONS. In this title: (1) Eligible entity.--The term ``eligible entity'' means a disability agency, legal services agency, or aging agency with a goal to inform and support older adults, or people with disabilities, and their family members. (2) Family member.--The term ``family member'' means a member of the family of-- (A) an older adult; or (B) a person with a disability. SEC. 302. GRANT PROGRAM. (a) In General.--The Secretary shall make grants, on a competitive basis, to eligible entities in States, and to eligible entities that serve Indian Tribes, to enable the recipients to carry out guardianship alternatives education programs for family members of older adults and family members of people with disabilities. (b) Term.--The Secretary may make such a grant for a first term of 3 years. An eligible entity may seek renewal of, and the Secretary may make, such a grant for a second term of 3 years, in order to expand service delivery of the education program to such family members. SEC. 303. APPLICATIONS. To be eligible to receive a grant under this title, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information identifying the target population to receive instruction, and a projected number of participants in and graduates of the education program to be carried out under the grant; (2) information identifying who will facilitate the related instruction for the education program; (3) a description of how the entity will conduct outreach to educators for the education program; (4) a description of learning objectives for the education program; (5) a description of activities to be carried out under the grant; (6) an evaluation plan for the education program; (7) a timeline for establishing and carrying out the education program; (8) information that demonstrates the instructors' knowledge of guardianship alternatives and experience in conducting education and training programs for the public; and (9) information describing the format for the instruction, which may be in-person, online, or hybrid, and how the instruction and related materials will be accessible by all participants. SEC. 304. USE OF FUNDS. (a) Required Uses.--An eligible entity that receives a grant under this title shall use the grant funds for implementing an education program to enhance the awareness of alternatives to guardianship for family members and ensuring that the education program meets the requirements of section 104(a)(2). (b) Allowable Uses.--The eligible entity may use the grant funds to carry out the activities described in section 104(b), for the education program. TITLE IV--GUARDIANSHIP ALTERNATIVES EDUCATION FOR COURT WORKERS AND COURT-RELATED PERSONNEL SEC. 401. DEFINITIONS. In this title: (1) Court-related personnel.--The term ``court-related personnel'' means persons working in, or members of organizations supporting, court systems or court workers, including-- (A) staff and members of local chapters of the American Bar Association; (B) staff and members of local chapters of the American Civil Liberties Union; (C) staff and members of local associations of court workers; (D) staff and members of elder rights law organizations; (E) staff and members of disability rights law organizations; (F) staff of an agency implementing a State protection and advocacy system, as defined in section 102 of the Developmental Disabilities Act and Bill of Rights of 2000 (42 U.S.C. 15002); (G) district attorneys and their staff; (H) court clerks and clerk staff not directly employed by the court; or (I) an entity providing a training program for any specialty relevant to an organization or occupation listed in this paragraph. (2) Court workers.--The term ``court workers'' means persons working in local court systems, including-- (A) court staff; (B) law or court clerks and paralegals; (C) attorneys; and (D) judges. (3) Eligible entity.--The term ``eligible entity'' means a partnership (established by a disability agency, legal services agency, or aging agency)-- (A) that includes-- (i) that disability agency, legal services agency, or aging agency; and (ii) a court whose employees, or other court-related organization whose members, have contact with plaintiffs who are under or facing a guardianship or other protective arrangement or address cases related to guardianship and other protective arrangements; and (B) for which the establishing agency has memorialized the establishment, membership, and functions of the partnership in the form of a letter of support, memorandum of understanding, or similar document. SEC. 402. GRANT PROGRAM. (a) In General.--The Secretary shall make grants, on a competitive basis, to eligible entities in States, and to eligible entities that serve Indian Tribes, to enable the recipients to carry out guardianship alternatives education programs for court workers and other court- related personnel. (b) Term.--The Secretary may make such a grant for a first term of 3 years. An eligible entity may seek renewal of, and the Secretary may make, such a grant for a second term of 3 years, in order to expand service delivery of the education program to court workers and other court-related personnel. SEC. 403. APPLICATIONS. To be eligible to receive a grant under this title, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information identifying the target population to receive instruction, including a projected number of participants in and graduates of the education program to be carried out under the grant; (2) a needs assessment, identifying the need for guardianship alternatives education for the target population proposed; (3) information identifying who will facilitate the related instruction; (4) a description of how the entity will conduct outreach to the court workers or other court-related personnel proposed for the education program; (5) a description of learning objectives for the education program; (6) a description of activities to be carried out under the grant; (7) an evaluation plan for the education program; (8) a timeline for establishing and carrying out the education program; (9) information that demonstrates the instructors' knowledge of guardianship alternatives and experience in conducting education and training programs for the public; and (10) information describing the format for the instruction, which may be in-person, online, or hybrid, and how the instruction and related materials will be accessible by all participants. SEC. 404. USE OF FUNDS. (a) Required Uses.--An eligible entity that receives a grant under this title shall use the grant funds for implementing an education program to enhance the awareness of alternatives to guardianship for court workers or other court-related personnel and ensuring that the education program meets the requirements of section 104(a)(2). (b) Allowable Uses.--The eligible entity may use the grant funds to carry out the activities described in section 104(b), for the education program. TITLE V--ADMINISTRATION SEC. 501. GRANT ADVISORY COUNCIL. (a) In General.--The Secretary shall establish an advisory council, to be known as the ``Grant Advisory Council'', to advise eligible entities that receive grants under this Act on activities carried out under the grants. (b) Composition.--The advisory council shall be composed of 13 members, consisting of-- (1) 3 experts who have experience in counseling individuals and guiding individuals to guardianship alternatives, or who have data-driven expertise in ways to guide individuals to guardianship alternatives, which may include-- (A) a social services program administrator; (B) a guardianship researcher; or (C) an advocate for people with disabilities; and (2) 1 health care administrator or manager with experience with guardianship alternatives; (3) 1 administrator from a school served by a local educational agency, and 1 administrator from an institution of higher education, with experience with guardianship alternatives; (4) 1 family member, as defined in section 301, with experience with guardianship alternatives; (5) 1 court worker, as defined in section 401, with experience with guardianship alternatives; (6) 3 people with disabilities, or older adults, who have successfully transitioned to a guardianship alternative, of which at least 1 shall be a person with a disability and at least 1 shall be an older adult; and (7) 3 people with disabilities, or older adults, who are in a guardianship alternative, of which at least 1 shall be a person with a disability and at least 1 shall be an older adult. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the advisory council. Any vacancy in the council shall not affect the powers of the advisory council, but shall be filled in the same manner as the original appointment was made. (d) Chairman and Vice Chairman.--The advisory council shall select a Chairperson and Vice Chairperson from among its members. (e) Duties.--The advisory council shall-- (1) advise the Secretary on, and provide general oversight for, the grant programs carried out under titles I through IV concerning the activities carried out under the grants, including development of the curricula for guardianship alternatives education; (2) consult with the Secretary on the awarding of the grants; (3) provide recommendations for sustainability and expansion of the guardianship alternatives education programs carried out under the grants, such as development of a train- the-trainer model for such an education program; and (4) provide input for the evaluation methods and implementation of the evaluation described in section 502, including advising the Secretary on additional criteria for the evaluator to evaluate under section 502, to measure effectiveness of guardianship alternatives education programs described in section 502. (f) Report.--Not later than September 30, 2027, and not later than September 30, 2030, the advisory council shall prepare a report containing recommendations on the programs, activities, and curricula described in subsection (e)(1) and the sustainability and expansion described in subsection (e)(3). The advisory council shall submit the report to the covered committees defined in section 504(f). (g) Travel Expenses.--Subject to the limit described in section 505(b), the members of the advisory council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the advisory council. (h) Detail of Government Employees.--Any Federal Government employee may be detailed to the advisory council without reimbursement to serve as a staff member for the advisory council, and such detail shall be without interruption or loss of civil service status or privilege. (i) Termination.--The advisory council shall terminate on October 1, 2030. SEC. 502. EVALUATION OF EDUCATION PROGRAMS. (a) Independent Evaluator.--The Secretary shall enter into a contract with an independent entity, who is not a grant recipient under this Act and who has expertise in evaluating programs for people with disabilities or programs for older adults, to carry out an evaluation of the education programs carried out under this Act. (b) Population Covered by Evaluation.--In conducting the evaluation, the evaluator shall consider the impact of the education programs carried out under this Act on all participants served by the education programs and on each underserved demographic population (such as an underserved race, ethnicity, gender, gender identity, sexual orientation, age, or type of disability) served by the education programs. (c) Performance.-- (1) Performance in changing awareness of guardianship alternatives.-- (A) Awareness of by program participants.--The evaluator shall measure program participants' awareness of guardianship alternatives as a result of the education programs. (B) Awareness due to dissemination.--The evaluator shall measure the dissemination of information on guardianship alternatives in the workplaces and communities of participants in the education programs, as a result of the education programs, to evaluate how far awareness of guardianship alternatives has expanded beyond the participants. (2) Effectiveness of education programs.--The evaluator shall measure the effectiveness of the education programs on any additional criterion that the advisory committee advised the Secretary to adopt, and the Secretary adopted, in accordance with section 501(e)(4). (d) Policy Changes at the State Level.--In conducting the evaluation, the evaluator shall identify any guardianship policy changes at the State level, including the creation of, removal of, or changes to guardianship policies. SEC. 503. STATE DATA COLLECTION ON PROTECTIVE ARRANGEMENTS. (a) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 is amended-- (1) in section 101(a)(10) (29 U.S.C. 721(a)(10))-- (A) by redesignating subparagraphs (F) through (H) as subparagraphs (G) through (I), respectively; and (B) by inserting after subparagraph (E) the following: ``(F) The Commissioner shall require that each designated State unit include in the reports additional information described in section 503(b) of the Alternatives to Guardianship Education Act.''; and (2) in section 607 (29 U.S.C. 795l), by inserting ``(except with respect to information under subparagraph (F) of section 101(a)(10))'' after ``section 101(a)(10)''. (b) Data To Be Collected and Submitted by States.--In order to provide objective, measurable data on guardianships and guardianship alternatives in the States, States receiving funds under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) shall collect and report to the Secretary, in accordance with subsection (a), information about each of the following: (1) The number and type of guardianships and protective arrangements established and dissolved each calendar year in the State. (2) Demographic information of guardians and people under guardianship arrangements, including type of guardian (such as family member, friend, professional private guardian, or public agency). (3) The average length of a guardianship arrangement in the State, as of the time such data is reported. (4) Information about the reasons for guardianship arrangements in the State. (5) Information about the reasons that guardianship arrangements were terminated in the State since the last report, including receipt of guardianship alternatives education. SEC. 504. REPORTING. (a) Eligible Entity Reports.--Each eligible entity that receives a grant under this Act for an education program shall annually prepare and submit to the Secretary a progress report, that measures the change in indicators described in paragraphs (1) and (2) of section 502(c), as a result of the education program, and the change in policies described in section 502(d). (b) Summary Effectiveness Report.--The Secretary shall annually-- (1) prepare a summary report on the change, in the aggregate, in indicators described in paragraphs (1) and (2) of section 502(c), as a result of the education programs carried out under this Act, and the change in policies described in section 502(d), which report shall include-- (A) information on methods of outreach to recruit participants for the education programs from diverse backgrounds and communities, including the number of the participants recruited through each method; (B) the total number of participants in the education programs, and the percentage of such participants who completed the education programs; and (C) data on demographic characteristics, including the race, ethnicity, gender, gender identity, age, and type of disability, of the participants, and data on the geographic location of the participants, in the education programs; and (2) submit the report to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, and the Committee on Education and the Workforce of the House of Representatives. (c) Renewal Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall prepare and submit to the covered committees a formative report on the instruction provided through the guardianship alternatives education program during the 2- year period after eligible entities first receive grants under this Act. The Secretary shall use the information in the report in determining whether to renew grants for eligible entities for a second grant term. The Secretary shall submit the report to the grant recipients whose grants are renewed, to inform the work of the recipients during the second grant term. (d) State Data Report.--The Secretary shall prepare a report containing the data collected under section 503, and make the report publicly available. (e) Final Report.--Not later than 1 year after the end of the last second grant term to be completed under this Act, the Secretary shall prepare and submit to the covered committees a final report summarizing all actions taken under grants made available under this Act. (f) Covered Committees.--In this section, the term ``covered committees'' means the Committee on Health, Education, Labor, and Pensions, the Committee on Finance, and the Special Committee on Aging of the Senate, and the Committee on Education and the Workforce and the Committee on Energy and Commerce of the House of Representatives. SEC. 505. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act, $10,000,000 for each of fiscal years 2025 through 2030. (b) Administration and Evaluation.--From the amount made available under subsection (a) for each fiscal year, the Secretary shall reserve not more than 5 percent for administration of this Act, including carrying out the activities required in sections 501 through 504. <all>

usgpo

2024-06-24T00:12:38.192872

BILLS-118s138enr

Promoting a Resolution to the Tibet-China Dispute Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 138 Enrolled Bill (ENR)] S.138 One Hundred Eighteenth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty four An Act To amend the Tibetan Policy Act of 2002 to modify certain provisions of that Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting a Resolution to the Tibet- China Dispute Act''. SEC. 2. FINDINGS. Congress finds the following: (1) It has been the long-standing policy of the United States to encourage meaningful and direct dialogue between representatives of the People's Republic of China and the Dalai Lama, his or her representatives, or democratically elected leaders of the Tibetan community, without preconditions, to seek a settlement that resolves differences. (2) Nine rounds of dialogue held between 2002 and 2010 between the People's Republic of China authorities and the 14th Dalai Lama's representatives failed to produce a settlement that resolved differences, and the two sides have held no formal dialogue since January 2010. (3) An obstacle to further dialogue is that the Government of the People's Republic of China continues to impose conditions on substantive dialogue with the Dalai Lama, including a demand that he say that Tibet has been part of China since ancient times, which the Dalai Lama has refused to do because it is inaccurate. (4) Article 1 of the International Covenant on Civil and Political Rights and Article 1 of the International Covenant on Economic, Social and Cultural Rights provide, ``All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.''. (5) The United States Government has never taken the position that Tibet was a part of China since ancient times. (6) China signed the International Covenant on Civil and Political Rights on October 5, 1998, and ratified the International Covenant on Economic, Social and Cultural Rights on March 27, 2001. (7) Under international law, including United Nations General Assembly Resolution 2625, the right to self-determination is the right of a people to determine its own destiny and the exercise of this right can result in a variety of outcomes ranging from independence, federation, protection, some form of autonomy, or full integration within a State. (8) United Nations General Assembly Resolution 1723, adopted on December 20, 1961, called for the ``cessation of practices which deprive the Tibetan people of their fundamental human rights and freedoms, including their right to self-determination''. (9) Secretary of State Antony Blinken, in a May 26, 2022, speech entitled ``The Administration's Approach to the People's Republic of China'', said that the rules-based international order's ``founding documents include the UN Charter and the Universal Declaration of Human Rights, which enshrined concepts like self-determination, sovereignty, the peaceful settlement of disputes. These are not Western constructs. They are reflections of the world's shared aspirations.''. (10) The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note), as amended by the Tibetan Policy and Support Act of 2020 (subtitle E of title III of division FF of Public Law 116-260), in directing the United States Government ``to promote the human rights and distinct religious, cultural, linguistic, and historical identity of the Tibetan people'' acknowledges that the Tibetan people possess a distinct religious, cultural, linguistic, and historical identity. (11) Department of State reports on human rights and religious freedom have consistently documented systematic repression by the authorities of the People's Republic of China against Tibetans as well as acts of defiance and resistance by Tibetan people against the People's Republic of China policies. (12) The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) specifies that the central objective of the United States Special Coordinator for Tibetan Issues is to promote substantive dialogue between the Government of the People's Republic of China and the Dalai Lama, his or her representatives, or democratically elected leaders of the Tibetan community. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) that the Tibetan people are a people with a distinct religious, cultural, linguistic, and historical identity; (2) that the dispute between Tibet and the People's Republic of China must be resolved in accordance with international law, including the United Nations Charter, by peaceful means, through dialogue without preconditions; (3) that the People's Republic of China should cease its propagation of disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions, including that of the Dalai Lama; (4) to encourage the People's Republic of China to ratify the International Covenant on Civil and Political Rights and uphold all its commitments under the International Covenant on Economic, Social and Cultural Rights; and (5) in accordance with the Tibetan Policy and Support Act of 2020-- (A) to promote substantive dialogue without pre-conditions, between the Government of the People's Republic of China and the Dalai Lama, his or her representatives, or democratically elected leaders of the Tibetan community, or explore activities to improve prospects for dialogue, that leads to a negotiated agreement on Tibet; (B) to coordinate with other governments in multilateral efforts towards the goal of a negotiated agreement on Tibet; and (C) to encourage the Government of the People's Republic of China to address the aspirations of the Tibetan people with regard to their distinct historical, cultural, religious, and linguistic identity. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) claims made by officials of the People's Republic of China and the Chinese Communist Party that Tibet has been a part of China since ancient times are historically inaccurate; (2) the current policies of the People's Republic of China are systematically suppressing the ability of the Tibetan people to preserve their religion, culture, language, history, way of life, and environment; (3) the Government of the People's Republic of China is failing to meet the expectations of the United States to engage in meaningful dialogue with the Dalai Lama or his representatives or to reach a negotiated resolution that includes the aspirations of the Tibetan people; and (4) United States public diplomacy efforts should counter disinformation about Tibet from the Government of the People's Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions, including that of the Dalai Lama. SEC. 5. MODIFICATIONS TO THE TIBETAN POLICY ACT OF 2002. (a) Tibet Negotiations.--Section 613(b) of the Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) is amended-- (1) in paragraph (2), by striking ``; and'' and inserting a semicolon; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) efforts to counter disinformation about Tibet from the Government of the People's Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions, including that of the Dalai Lama.''. (b) United States Special Coordinator for Tibetan Issues.--Section 621(d) of the Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) is amended-- (1) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (2) by inserting after paragraph (5) the following new paragraph: ``(6) work with relevant bureaus of the Department of State and the United States Agency for International Development to ensure that United States Government statements and documents counter, as appropriate, disinformation about Tibet from the Government of the People's Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions, including that of the Dalai Lama;''. (c) Definition.--The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) is amended by adding at the end the following new section: ``SEC. 622. DEFINITION. ``For purposes of this Act, the term `Tibet' refers to the following areas: ``(1) The Tibet Autonomous Region. ``(2) The areas that the Government of the People's Republic of China designated as Tibetan Autonomous, as of 2018, as follows: ``(A) Kanlho (Gannan) Tibetan Autonomous Prefecture, and Pari (Tianzhu) Tibetan Autonomous County located in Gansu Province. ``(B) Golog (Guoluo) Tibetan Autonomous Prefecture, Malho (Huangnan) Tibetan Autonomous Prefecture, Tsojang (Haibei) Tibetan Autonomous Prefecture, Tsolho (Hainan) Tibetan Autonomous Prefecture, Tsonub (Haixi) Mongolian and Tibetan Autonomous Prefecture, and Yulshul (Yushu) Tibetan Autonomous Prefecture, located in Qinghai Province. ``(C) Garze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Autonomous Prefecture, and Muli (Mili) Tibetan Autonomous County, located in Sichuan Province. ``(D) Dechen (Diqing) Tibetan Autonomous Prefecture, located in Yunnan Province.''. SEC. 6. AVAILABILITY OF AMOUNTS TO COUNTER DISINFORMATION ABOUT TIBET. Amounts authorized to be appropriated or otherwise made available under section 346 of the Tibetan Policy and Support Act of 2020 (subtitle E of title III of division FF of Public Law 116-260) are authorized to be made available to counter disinformation about Tibet from the Government of the People's Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions, including that of the Dalai Lama. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

usgpo

2024-06-24T00:12:38.467912

BILLS-118s4277is

Better Utilizing Investments to Leverage Development and Generating Renewable Energy to Electrify the Nation's Infrastructure and Jobs Act; BUILD GREEN Infrastructure and Jobs Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4277 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4277 To establish a green transportation infrastructure grant program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Ms. Warren (for herself, Mr. Markey, Mr. Blumenthal, Mr. Booker, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To establish a green transportation infrastructure grant program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Utilizing Investments to Leverage Development and Generating Renewable Energy to Electrify the Nation's Infrastructure and Jobs Act'' or the ``BUILD GREEN Infrastructure and Jobs Act''. SEC. 2. GREEN TRANSPORTATION INFRASTRUCTURE GRANT PROGRAM. (a) Definitions.--In this section: (1) Electric vehicle.--The term ``electric vehicle'' has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations (or successor regulations). (2) Frontline, vulnerable, or disadvantaged community.--The term ``frontline, vulnerable, or disadvantaged community'' means a community-- (A) in an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)); (B) in which climate change, pollution, or environmental destruction has exacerbated systemic racial, regional, social, environmental, gender, and economic injustices by disproportionately affecting Black, Brown, and Indigenous peoples, other communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, the unhoused, people with disabilities, or youth; (C) eligible for assistance under the Justice40 Initiative described in section 223 of Executive Order 14008 (42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad); or (D) located in a census tract that has a high energy burden. (3) Green project.--The term ``green project'' means a project that-- (A) deeply reduces transportation greenhouse gas emissions and local air pollution; and (B) results in a reduction in overall energy use, maximization of energy efficiency, implementation and use of energy recovery, and an offset of the remaining demand for energy with production of energy from renewable energy sources, such that the project produces as much energy or energy savings as the project uses over the course of a year. (4) Green space.-- (A) In general.--The term ``green space'' means publicly accessible land or water that-- (i) is partly or completely covered with grass, trees, shrubs, or other vegetation; and (ii) provides floodwater alleviation, storm water mitigation, green travel routes, water purification, cooling temperatures, pollution management, public health benefits, enhancements to biodiversity, ecological resilience, or greenhouse gas emissions sequestration. (B) Inclusions.--The term ``green space'' includes parks, gardens, playing fields, children's play areas, woods, grassed areas, bodies of water, and trails. (5) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) hydrofluorocarbons; (C) methane; (D) nitrous oxide; (E) perfluorocarbons; (F) sulfur hexafluoride; (G) nitrogen triflouride; (H) chlorofluorocarbons; (I) criteria pollutants for which there are national ambient air quality standards under section 109 of the Clean Air Act (42 U.S.C. 7409); and (J) any other anthropogenically emitted gas or particulate that the Administrator of the Environmental Protection Agency determines, after notice and comment-- (i) to contribute to climate change; or (ii) to produce negative effects on human health, biodiversity, or ecological resilience. (6) Greenhouse gas emissions.--The term ``greenhouse gas emissions'' means emissions of greenhouse gas, expressed in terms of metric tons of carbon dioxide equivalent. (7) New renewable energy.--The term ``new renewable energy'' means renewable energy from a source that is not currently producing power. (8) Program.--The term ``program'' means the green transportation infrastructure grant program established under subsection (b). (9) Publicly available evse.-- (A) In general.--The term ``publicly available EVSE'' means Electric Vehicle Supply Equipment and any associated parking spaces designated by the property owner or lessee to be available to, and accessible by, the public for any period of time, including Electric Vehicle Supply Equipment and associated parking spaces located in parking garages or gated facilities if any member of the public can obtain vehicular access to the facility for free or through payment of a fee. (B) Exclusion.--The term ``publicly available EVSE'' does not include Electric Vehicle Supply Equipment and any associated parking spaces in a workplace if the Electric Vehicle Supply Equipment and associated parking spaces are clearly marked and operated as available exclusively to employees or contracted drivers. (10) Renewable energy source.--The term ``renewable energy source'' means energy generated from renewable sources, including the following: (A) Solar, including electricity. (B) Wind. (C) Ocean, including tidal, wave, current, and thermal. (D) Geothermal, including electricity and heat pumps. (E) Hydroelectric generation capacity achieved from increased efficiency or additions of new capacity-- (i) at an existing hydroelectric project; and (ii) that was placed in service on or after January 1, 1999. (F) Hydrogen used in fuel cells or other non- combustion technologies, if the quantity of lifecycle greenhouse gas emissions per unit of fuel energy is zero. (G) Thermal energy generated by any of the sources described in subparagraphs (A) through (F). (11) Resilient.--The term ``resilient'', with respect to transportation infrastructure projects, means an anticipation of, preparation for, and adaptation of the project to disruptions and changing environmental and security conditions, and the achievement and maintenance by the project of the capability to withstand, respond to, and recover rapidly from disruptions while ensuring the sustainment of operations. (12) Rural area.--The term ``rural area'' means an area with a population of 200,000 or fewer. (13) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (14) Urbanized area.--The term ``urbanized area'' means an area with a population of more than 200,000. (b) Establishment.--The Secretary shall establish a green transportation infrastructure grant program to provide grants on a competitive basis to eligible entities for capital investments in electrified surface transportation infrastructure projects that-- (1) will have a significant local or regional impact to improve transportation and reduce greenhouse gas emissions and toxic emissions; and (2) are-- (A) sustainable and resilient; and (B) green projects. (c) Eligible Entities.--An entity eligible to receive a grant under the program is-- (1) a State or territory; (2) a unit of local government; (3) a transit agency; (4) a port authority; (5) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); (6) a Federal land management agency that jointly applies with a State or a group of States; or (7) a multi-State or multijurisdictional group of entities described in paragraphs (1) through (6). (d) Eligible Projects.-- (1) In general.--A project eligible to be carried out with funds from a grant provided under the program is-- (A) a fixed route public transportation project eligible for assistance under chapter 53 of title 49, United States Code, that improves public transportation service for transit-dependent populations, supports increased transit ridership, and is powered by electricity, including-- (i) corridor-based bus rapid transit projects or new fixed guideway capital projects, such as light rail transit, heavy rail transit, or commuter rail transit projects; (ii) the acquisition or lease of low- emission or zero-emission public transit vehicles, with or without a leased power source, that will be used to decrease headways or provide new or expanded service areas or times; and (iii) the construction, lease, rehabilitation, or improvement of new or existing facilities and related equipment for low-emission or zero-emission vehicles, including overhead-wire in-motion charging technology; (B) a passenger or freight rail project that is powered solely by an external source of electricity or solar power; (C) a port infrastructure investment, including inland port infrastructure and land ports of entry, that-- (i) installs publicly available EVSE; (ii) facilitates the movement of goods via zero-emission modes; or (iii) supports the deployment of zero- emission port equipment or technology (as defined in section 133(d) of the Clean Air Act (42 U.S.C. 7433(d))); (D) an electrified public micromobility project, including an e-bike share and related projects; and (E) any other project that-- (i) the Secretary determines to be appropriate; and (ii) clearly demonstrates a contribution to the reduction of greenhouse gas emissions and toxic emissions. (2) Limitation.--Funds from a grant provided under the program may not be used to purchase fully automated cargo- handling equipment that is remotely operated or remotely monitored, with or without the exercise of human intervention or control. (e) Application.-- (1) In general.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a zero-emission transition plan that examines the impact of the proposed project on the workforce of the eligible entity, including an identification of skill gaps, training needs, and retraining needs of that workforce-- (A) to operate and maintain infrastructure that is part of the eligible project; and (B) to avoid displacement of that workforce. (2) Deadlines.--The Secretary shall-- (A) publish a notice of funding opportunity for the program by not later than 10 days after October 1 of each fiscal year; (B) require applications for grants under the program to be submitted to the Secretary by not later than 90 days after the date on which the notice of funding opportunity is published; and (C) select eligible projects to receive grants under the program, in accordance with subsection (f), by not later than 270 days after October 1 of each fiscal year. (f) Selection.-- (1) In general.--The Secretary shall select eligible projects to receive a grant under the program based on sustainability and workforce criteria, including-- (A) criteria that prioritize collective transportation over individual transportation; (B) criteria developed by the Secretary to reduce overall vehicle miles traveled in single occupancy, internal combustion engine vehicles; (C) the extent to which the project promotes the electrification of all public transportation, intercity passenger and freight rail transportation, intercity bus service, and school bus service; (D) the extent to which the eligible entity has-- (i) used funds apportioned under section 104(b) of title 23, United States Code, to carry out the project; or (ii) demonstrated why the eligible entity was unable to use those funds to carry out the project; (E) criteria developed by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, that consider the extent to which the eligible project contributes to-- (i) climate resilience; (ii) climate mitigation; (iii) air pollution and emissions of hazardous air pollutants (as defined in section 112(a) of the Clean Air Act (42 U.S.C. 7412(a))); and (iv) greenhouse gas emissions; (F) criteria developed by the Secretary, in consultation with the Secretary of Energy, that consider the extent to which the eligible project will achieve energy savings and reduced energy usage compared to other eligible projects; (G) criteria developed by the Secretary, in consultation with the Secretary of Energy, that consider the extent to which the eligible project will improve pedestrian and nonmotorized vehicle access and safety compared to other eligible projects; (H) the extent to which the project will improve the frequency of existing fixed route public transportation service; (I) criteria developed by the Secretary, in consultation with the Secretary of Housing and Urban Development, that consider the extent to which a public transportation project serves areas of affordable housing or promotes transit-oriented development; (J) the extent to which the eligible entity demonstrates methods to preserve or encourage affordable housing near the project, as the Secretary determines to be appropriate; (K) criteria developed by the Secretary, in consultation with the Secretary of Labor, that consider the information described in subsection (m)(2); and (L) criteria developed by the Secretary to identify projects underserved by existing Federal funding opportunities. (2) Exclusion.--In selecting eligible projects to receive a grant under the program, the Secretary shall not use the Federal share percentage or the ability of an applicant to generate non-Federal revenue as a selection criterion. (3) Priority.--In selecting eligible projects to receive a grant under the program, the Secretary shall give priority to an eligible project-- (A) that is located in-- (i) a frontline, vulnerable, or disadvantaged community; (ii) an area identified as having disproportionately high adverse human health and environmental impacts on minority populations and low-income populations; (iii) a community of color; (iv) a low-income community; (v) a deindustrialized community; or (vi) a community facing environmental injustice. (B) that requires a contribution of Federal funds in order to complete an overall financing package; (C) that includes-- (i) the addition of-- (I) a new green space; or (II) new State or local park system units and recreation areas administered for outdoor recreation purposes; or (ii) an improvement to improve access to an existing green space, State or local park system unit, or recreation area administered for outdoor recreation purposes, including pedestrian and bicycle access; (D) for which the applicant commits to give preference to prime contractors, and subcontractors performing more than 50 percent of the work, that have a collective bargaining agreement in place with their employees that is not a covered project labor agreement (as defined in subsection (m)(3)(B)); or (E) that includes partnerships between Federal, State, and local agencies to ensure that the project is well-coordinated and meets the needs of the communities served by the project. (4) Report.--Not less frequently than once each year, the Secretary shall-- (A) submit a report that contains the criteria for eligible projects developed under paragraph (1) to-- (i) the Committee on Commerce, Science, and Transportation of the Senate; (ii) the Committee on Environment and Public Works of the Senate; (iii) the Committee on Health, Education, Labor, and Pensions of the Senate; (iv) the Committee on Transportation and Infrastructure of the House of Representatives; (v) the Committee on Energy and Commerce of the House of Representatives; and (vi) the Committee on Education and the Workforce of the House of Representatives; and (B) make the report under subparagraph (A) available to the public. (g) Grant Requirements.-- (1) Environmental standard.--As a condition of receiving a grant under the program, any building or structure that is part of an eligible project, including existing buildings, shall comply with, or, in the case of an existing building, be renovated to comply with, environmental standards determined by the Secretary, that are at least as stringent as the Leadership in Energy and Environmental Design (LEED) standards of the United States Green Building Council. (2) Workforce development.-- (A) In general.--Except as provided in subparagraph (B), an eligible entity that receives a grant under the program shall use not less than 5 percent of the funds from the grant to fund workforce development training, including registered apprenticeships and other labor management training programs, as part of the zero- emission transition plan of the eligible entity described in subsection (e)(1). (B) Exception.--The Secretary may reduce the amount set aside under subparagraph (A) for workforce development training with respect to an eligible entity if the eligible entity certifies that a smaller percentage of grant funds is sufficient to fund the workforce development training described in that subparagraph. (3) Railway labor.-- (A) In general.--In the case of a rail project that receives a grant under the program, the eligible entity shall-- (i) comply with subsections (b), (c), and (d) of section 22905 of title 49, United States Code; and (ii) ensure that work on the project is carried out by workers who are part of the existing workforce of the eligible entity, to the maximum extent possible. (B) Employee protections.--In the case of a rail project that receives a grant under the program, the eligible entity shall comply with section 22404 of title 49, United States Code. (4) Use of renewable energy.-- (A) In general.--As a condition of receiving a grant under the program, any eligible project that, after completion of the project, uses electrical energy shall use electrical energy in a manner that does not increase usage of nonrenewable energy sources, in accordance with subparagraph (B). (B) Methods.--An eligible entity may comply with subparagraph (A) by-- (i) purchasing new renewable energy or renewable energy credits for the eligible project; (ii) generating new renewable energy for the eligible project; (iii) converting to use of renewable energy for another project of the eligible entity in an equivalent quantity of nonrenewable energy used for the eligible project; or (iv) any combination of the methods described in clauses (i) through (iii). (C) Report.--An eligible entity that receives a grant under the program shall report to the Secretary annually on the percentage of renewable energy used and steps taken for energy conservation in the eligible project. (5) Labor requirements.--As a condition of receiving a grant under the program, the eligible entity shall submit to the Secretary a certification that the eligible entity is in compliance with subsection (m). (6) Compliance.-- (A) In general.--If the Secretary determines that an eligible project is not in compliance with any provision of this subsection, the Secretary shall promptly notify the eligible entity of the noncompliance. (B) Withholding of funds for noncompliance.--If an eligible entity that receives a notification of noncompliance under subparagraph (A) is not in compliance with this subsection beginning on the date that is 180 days after the date of the notification under subparagraph (A), the Secretary shall withhold from the State in which the eligible project is located 10 percent of the amount required to be apportioned to the State under section 104(b) of title 23, United States Code, from that State until the eligible project is in compliance with this subsection. (h) Distribution of Grants.-- (1) In general.--For each fiscal year, in carrying out the program, the Secretary shall ensure that grants are provided-- (A) on an equitable geographical basis, including with respect to Tribal communities; (B) in a manner that achieves an appropriate balance in addressing the needs of urbanized areas and rural areas; and (C) in a manner that prioritizes eligible projects in areas described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). (2) State amounts.-- (A) Minimum amount.--For each fiscal year, the total amount awarded to eligible projects in each State shall be not less than the lesser of-- (i) 0.8 percent of the amounts made available to carry out the program for that fiscal year; and (ii) the total amount requested for eligible projects in that State for that fiscal year for which the Secretary has determined meet the selection criteria under the program. (B) Maximum amount.--For each fiscal year, the total amount provided under the program for eligible projects in a single State shall not exceed an amount equal to 8 percent of the amounts made available to carry out the program for that fiscal year. (3) Rural areas, urbanized areas, and frontline, vulnerable, or disadvantaged communities.-- (A) Rural areas.-- (i) In general.--Of the amounts made available to carry out the program for each fiscal year, not less than 30 percent and not more than 40 percent shall be used for eligible projects located in rural areas. (ii) Grant amount.--The amount of a grant provided under the program for a project in a rural area shall be not less than $1,000,000. (iii) Federal share.--The Federal share of the cost of an eligible project in a rural area carried out with a grant under the program may exceed 90 percent, at the discretion of the Secretary. (B) Urbanized areas.-- (i) In general.--Of the amounts made available to carry out the program for each fiscal year, not less than 60 percent and not more than 70 percent shall be used for eligible projects located in urbanized areas. (ii) Metropolitan planning area.--Amounts made available under clause (i) may be used for eligible projects in the metropolitan planning area established under section 134 of title 23, United States Code, that encompasses the urbanized area. (C) Frontline, vulnerable, or disadvantaged communities.-- (i) In general.--Of the total amounts made available to carry out the program for each fiscal year under subparagraphs (A) and (B), not less than 40 percent shall be used for eligible projects located in frontline, vulnerable, or disadvantaged communities. (ii) Grant amount.--The amount of a grant provided under the program for a project in a frontline, vulnerable, or disadvantaged community shall be not less than $1,000,000. (iii) Federal share.--The Federal share of the cost of an eligible project in a frontline, vulnerable, or disadvantaged community carried out with a grant under the program may exceed 90 percent, at the discretion of the Secretary. (i) Grant Amount.-- (1) In general.--Except as provided in paragraph (2), a grant under the program shall be in an amount that is not less than $2,000,000. (2) Planning grants.--A grant under the program for the planning, preparation, or design of an eligible project shall not be subject to a minimum grant amount. (j) Federal Share.--Except as otherwise provided in this section, the Federal share of the cost of a project carried out with a grant under the program shall be, at the discretion of the eligible entity-- (1) not more than 90 percent, for the purpose of planning, design, and construction of the project; and (2) up to 100 percent of the operation and maintenance costs of the project for the first 10 years of the project. (k) TIFIA; RRIF.--For each fiscal year, the Secretary may use an amount equal to not more than 20 percent of the amounts made available to carry out the program for that fiscal year to pay the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, or chapter 224 of title 49, United States Code, if the Secretary finds that such use of those amounts would advance the purposes of the program. (l) Buy America.--Section 70914 of the Infrastructure Investment and Jobs Act (41 U.S.C. 8301 note; Public Law 117-58) shall apply to an eligible project that receives a grant under the program. (m) Labor Provisions.-- (1) Employee wages and protections.--Each contractor and subcontractor for an eligible project carried out under the program shall comply with the following: (A) Minimum wage.-- (i) In general.--All employees employed in the performance of the eligible project shall be paid at a rate of not less than-- (I) $17.00 an hour, beginning on the date of enactment of this Act; and (II) beginning on the date that is 1 year after such date of enactment, and annually thereafter, the amount in effect under this clause for the preceding year, increased by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics and rounded up to the nearest multiple of $0.05 (if not otherwise a multiple of $0.05). (ii) Calculation.--In calculating the annual percentage increase in the median hourly wage of all employees for purposes of clause (i)(II), the Secretary of Labor, through the Bureau of Labor Statistics, shall-- (I) compile data on the hourly wages of all employees to determine such a median hourly wage; and (II) compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year. (iii) Prevailing wages for laborers and mechanics.-- (I) In general.--All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with assistance made available under the program shall be paid wages at rates not less than the greater of-- (aa) the rates prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code; or (bb) the rate required under clause (i). (II) Authorities.--With respect to the labor standards specified in subclause (I)(aa), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (B) Employee protective arrangements.--The contractor or subcontractor shall ensure the interests of employees employed in the performance of the eligible project shall be protected under arrangements the Secretary of Labor concludes are fair and equitable in accordance with section 5333(b) of title 49, United States Code, and meet the requirements of such section. The solicitation for the grant under this section shall specify the arrangements. (C) Neutrality toward organized labor.--The contractor or subcontractor shall have-- (i) an explicit policy of neutrality with regard to-- (I) labor organizing for the employees of the contractor or subcontractor employed in the performance of the eligible project; and (II) such employees' choice to form and join labor organizations; and (ii) policies that require-- (I) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq.); and (II) that such employees are, at the beginning of their employment in the performance of the eligible project, provided notice and information regarding the employees' rights under such Act. (D) Paid family and medical leave.--The contractor or subcontractor shall have an explicit policy providing all employees employed in the performance of the eligible project not less than 12 workweeks of paid leave in a 12-month period for any purpose described in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), in accordance with regulations promulgated by the Secretary of Labor. (E) Fair scheduling.-- (i) In general.--The contractor or subcontractor shall have an explicit policy for fair scheduling for employees employed in the performance of the eligible project, which shall include-- (I) an opportunity for the employee to request-- (aa) an adjustment in the number of hours, work location, or times of the employee's work schedule; (bb) a change in the amount of notification provided to the employee regarding the work schedule; or (cc) the minimizing of fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis; and (II) a timely, good faith interactive process through which the contractor or subcontractor and employee discuss the employee's request under subclause (I) and the contractor or subcontractor grants the request or suggests any alternatives that might meet the employee's needs. (ii) Exception.--Clause (i) shall not apply to any employee covered by a valid collective bargaining agreement if-- (I) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and (II) the provisions of clause (i) are expressly waived in such collective bargaining agreement. (F) Preferences in hiring.--The contractor or subcontractor shall have explicit policies that provide-- (i) a preference for local hiring for all construction work conducted in the performance of the eligible project, consistent with applicable Federal law and subject to rules issued by the Secretary of Labor; and (ii) a preference for the hiring of individuals from frontline, vulnerable, or disadvantaged communities for construction in the performance of an eligible contract. (G) Contractor requirement regarding subcontractors.--The contractor or subcontractor shall require that each subcontractor of the contractor for an eligible project carried out under the program comply with the requirements of this paragraph with respect to all employees of the subcontractor employed in the performance of the project. (2) Disclosure.--A contractor desiring a contract under an eligible project carried out under the program shall disclose to the Secretary in the contract application any administrative merits determination, arbitral award or decision, or civil judgment against the contractor during the previous 5 years for any violation of-- (A) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (B) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); (C) the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.); (D) the National Labor Relations Act (29 U.S.C. 151 et seq.); (E) subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ``Davis-Bacon Act''); (F) chapter 67 of title 41, United States Code (commonly known as the ``Service Contract Act''); (G) Executive Order 11246 (42 U.S.C. 2000e note; relating to equal employment opportunity); (H) section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793); (I) chapter 42 or 43 of title 38, United States Code; (J) the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.); (K) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (L) title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); (M) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); (N) Executive Order 13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for contractors); (O) title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.); (P) section 40002(b)(13)(A) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(13)(A)); (Q) the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.); or (R) any State law equivalent of a law described in any of subparagraphs (A) through (Q), in accordance with guidance issued by the Secretary of Labor. (3) Labor agreements for construction projects.-- (A) In general.--A contractor for an eligible project carried out under the program that is a construction project shall be a party to a covered project labor agreement. (B) Definitions.--In this paragraph: (i) Covered project labor agreement.--The term ``covered project labor agreement'' means a project labor agreement that-- (I) binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents; (II) allows all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise a party to a collective bargaining agreement; (III) contains guarantees against strikes, lockouts, and other similar job disruptions; (IV) sets forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the covered project labor agreement; and (V) provides other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health. (ii) Project labor agreement.--The term ``project labor agreement'' means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is described in section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). (4) Determining employment relationship.--For purposes of this subsection, an individual performing any service in the performance of an eligible project for a contractor or subcontractor shall be considered an employee, and not an independent contractor, of that contractor or subcontractor, unless-- (A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact; (B) the service is performed outside the usual course of the business of the contractor or subcontractor; and (C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed. (n) Funding.-- (1) In general.--There is authorized to be appropriated to carry out the program $50,000,000,000 for each of fiscal years 2025 through 2034, of which not less than $15,000,000,000 shall be for grants for fixed route public transportation projects eligible for assistance under chapter 53 of title 49, United States Code. (2) Availability.--Amounts made available under paragraph (1) shall remain available until January 1, 2045. SEC. 3. FEDERAL FUNDING EXCHANGE PROGRAMS. Section 106(g) of title 23, United States Code, is amended by adding at the end the following: ``(6) Federal funding exchange programs.--A State may implement a program under which a subrecipient has the option to exchange Federal funds allocated to the subrecipient in accordance with the requirements of this title for State or local funds if the State certifies to the Secretary that-- ``(A) the State has prevailing wage and domestic content requirements that are comparable to the requirements under sections 113 and 313, respectively; and ``(B) the requirements described in subparagraph (A) shall apply to projects carried out using the State or local funds if the projects would have been subject to the requirements of sections 113 and 313 if the projects were carried out using Federal funds.''. SEC. 4. CLOSING THE LOW-NO LOOPHOLE. Section 5339(c)(5)(B) of title 49, United States Code, is amended by striking ``no less than 25 percent'' and inserting ``not more than 5 percent''. SEC. 5. EXPANDING THE ELIGIBILITY OF FIXED GUIDEWAY GRANTS. Section 5309(b)(2) of title 49, United States Code, is amended by inserting ``planning for a new fixed guideway capital project that would relieve crowding on an existing fixed guideway corridor, the installation of platform screen doors, the construction of new entrances to existing stations, the automation of operations that increase the frequency of service on the automated corridor,'' after ``construction of infill stations,''. SEC. 6. PROHIBITION ON DISCRIMINATION. No individual in the United States may, on the basis of actual or perceived race, color, religion, national origin, sex (including gender identity and sexual orientation), age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity that is funded in whole or in part with funds made available to carry out this Act. <all>

usgpo

2024-06-24T00:12:38.490749

BILLS-118s4297is

Repealing Big Brother Overreach Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4297 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4297 To repeal the Corporate Transparency Act. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 9, 2024 Mr. Tuberville (for himself, Mr. Tillis, Mr. Barrasso, Mr. Lee, Mr. Scott of Florida, Mr. Budd, Mr. Marshall, Mr. Vance, and Mrs. Hyde- Smith) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To repeal the Corporate Transparency Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Repealing Big Brother Overreach Act''. SEC. 2. REPEAL. (a) In General.--The Corporate Transparency Act (title LXIV of division F of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4604)) and the amendments made by that Act are repealed. (b) Technical and Conforming Amendments.-- (1) Title 31, United States Code, is amended-- (A) in section 5321(a)-- (i) in paragraph (1), by striking ``sections 5314, 5315, and 5336'' each place the term appears and inserting ``sections 5314 and 5315''; and (ii) in paragraph (6), by striking ``(except section 5336)'' each place the term appears; and (B) in section 5322, by striking ``section 5315, 5324, or 5336'' each place the term appears and inserting ``section 5315 or 5324''. (2) Title LXV of the Anti-Money Laundering Act of 2020 (division F of the of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283; 134 Stat. 4604)) is amended-- (A) by repealing section 6502 (134 Stat. 4626); and (B) in section 6509 (134 Stat. 4633)-- (i) by striking ``(a) In General.-- Subsection (l)'' and inserting ``Subsection (l)''; and (ii) by striking subsection (b). <all>

usgpo

2024-06-24T00:12:38.588939

BILLS-118hr8267ih

Old Drugs, New Cures Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8267 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8267 To amend titles XVIII and XIX of the Social Security Act to provide that priority research drugs shall not be treated as line extensions of existing drugs for purposes of calculating manufacturer rebates under the Medicare and Medicaid programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 7, 2024 Mr. Davis of North Carolina (for himself and Mr. Pfluger) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend titles XVIII and XIX of the Social Security Act to provide that priority research drugs shall not be treated as line extensions of existing drugs for purposes of calculating manufacturer rebates under the Medicare and Medicaid programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Old Drugs, New Cures Act''. SEC. 2. PRIORITY RESEARCH DRUGS. (a) In General.--Section 1927(c)(2)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by inserting the following new clause before the flush matter at the end: ``(iv) Priority research drug.-- ``(I) Request for designation.--Not later than 90 days following the date of enactment of this clause, the Secretary shall establish and make effective a process for the manufacturer of a covered outpatient drug to request that the Secretary designate the drug as a priority research drug. ``(II) Designation.--Not later than 60 calendar days after the receipt of a request under subclause (I), the Secretary shall designate a covered outpatient drug as a priority research drug so long as it meets the following criteria: ``(aa) As of the date of submission of such request, at least 10 years have elapsed since the date the drug was approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act. ``(bb) The manufacturer of the drug is investigating such drug under section 505(i) of the Federal Food, Drug, and Cosmetic Act or section 351(a)(3) of the Public Health Service Act for a new indication that would address a significant unmet medical need because there is no alternative drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act for such indication on the date that the request under subclause (I) was submitted to the Secretary. ``(cc) The new indication described in item (bb) is for a disease or condition that has a high prevalence among beneficiaries of Federal health care programs. For purposes of this clause, a disease or condition has a high prevalence among beneficiaries of Federal health care programs if at least 33 percent of claims in the population targeted by the new indication during the prior calendar year were paid for under-- ``(AA) a State plan under this title or a State child health plan under title XXI; ``(BB) part D of title XVIII with respect to an individual who is eligible for subsidies under section 1860D-14; ``(CC) the drug discount program under section 340B of the Public Health Service Act (42 U.S.C. 256b; or ``(DD) a health care program administered by the Department of Veterans Affairs.''. (b) Exclusion of Priority Research Drugs From Medicaid Definition of Line Extension.--The flush matter at the end of section 1927(c)(2)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by inserting ``a priority research drug (as designated under clause (iv)) or'' after ``does not include''. (c) Exclusion of Priority Research Drugs From Medicaid Best Price Special Rule for Selected Drugs.--Section 1927(c)(1)(C)(ii)(V) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(V)) is amended by inserting ``unless such drug is also designated as a priority research drug under paragraph (2)(C)(iv) during such period'' before the period. (d) Exclusion of Priority Research Drugs From Medicare Definition of Line Extension.--Section 1860D-14B(b)(5)(B)(ii) of the Social Security Act (42 U.S.C. 1395w-114b(b)(5)(B)(ii)) is amended by inserting ``a priority research drug (as designated under section 1927(c)(2)(C)(iv)) or'' after ``does not include''. <all>

usgpo

2024-06-24T00:12:38.668389

BILLS-118s4287is

American Workforce Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4287 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4287 To establish a program of workforce development as an alternative to college for all, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Cotton (for himself and Mr. Vance) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To establish a program of workforce development as an alternative to college for all, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Workforce Act''. SEC. 2. DEFINITIONS. In this Act: (1) American workforce contract.--The term ``American workforce contract'' means a contract approved by the Director, and entered into by an employer and a prospective trainee under section 4(b)(6). (2) American workforce program.--The term ``American workforce program'' means a program established under section 4(a) that provides, for each participating trainee, a paid, full-time position in which the trainee is engaged in-- (A) structured on-the-job work, as specified by the American workforce contract involved; and (B) educational workforce training described in section 4(f), as specified by the American workforce contract. (3) Competency-based credential.--The term ``competency- based credential'' means a credential awarded on the basis of a performance-based test that-- (A) is taken to demonstrate proficiency in knowledge and abilities essential to the industry or occupation; and (B) does not place restrictions on how, when, or where the test taker studied and acquired the knowledge and abilities. (4) Director.--The term ``Director'' means the Director of the American Workforce Division, appointed under section 3(b). (5) Employer.--The term ``employer'' means a for-profit employer, as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203), other than a public agency, as defined in that section. (6) Prospective trainee.--The term ``prospective trainee'' means an individual who-- (A) applies to an employer to enter into an American workforce contract; and (B) on the date of application, meets the requirements of paragraph (8)(A). (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (8) Trainee.--The term ``trainee'' means any individual who-- (A) on the date of application to an employer to enter into an American workforce contract-- (i) is a United States citizen; (ii) has a high school diploma or its generally recognized equivalent; and (iii) has not earned a bachelor's or higher degree, such as a master's or doctoral degree; and (B) entered into an American workforce contract, which is still in effect, with the employer. (9) Workforce project.--The term ``workforce project'' means a project carried out under an American workforce contract as part of the American workforce program. SEC. 3. ESTABLISHMENT OF AMERICAN WORKFORCE DIVISION. (a) Establishment.--There is established in the Economic Development Administration of the Department of Commerce an American Workforce Division that administers, subject to the availability of appropriations, the American workforce program established under section 4(a). (b) Director.-- (1) In general.--The American Workforce Division shall be headed and administered, in accordance with the provisions of this Act, by a Director. The Director shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report directly to the Secretary and shall perform, in addition to any functions specified in law for or required to be delegated to such officer, such additional functions as the Secretary may prescribe. (2) Qualifications.--The Director shall have significant experience in the private sector. (3) Authority before confirmation.--Until the initial appointment of an individual to the position of Director, by and with the advice and consent of the Senate, and, thereafter, if the individual serving as the Director dies, resigns, or is otherwise unable to perform the functions and duties of the office of the Director, the Secretary of Commerce shall designate an officer or employee of the Department of Commerce to perform the functions and duties of the Director under this Act temporarily in an acting capacity. (c) Responsibilities of the Director.--The Director shall be responsible for each of the following: (1) Reviewing, and approving or disapproving, each proposed American workforce contract received by the Director not later than 1 month after the date of receipt of the proposed contract. (2)(A) Maintaining records of American workforce contracts and ensuring compliance with the contracts. (B) Publishing a standardized template for American workforce contracts, which template shall not exceed 3 pages, and shall be used by prospective trainees and employers to draft a proposed American workforce contract to submit to the Director for review and approval. (3) In accordance with subsection (d), receiving complaints, carrying out investigations, and taking disciplinary and correction action. (4) In accordance with subsection (e), making determinations and taking disciplinary and corrective action. (5) Coordinating activities with State governments and local governments to-- (A) publicize the opportunity to receive workforce education subsidies for workforce projects, with employers in high-wage, high-demand industries and occupations; and (B) encourage employers to recruit students from secondary schools to participate in the workforce projects. (6) Developing and maintaining a comprehensive, publicly accessible, and user-friendly website to allow employers from each State to simply indicate their demand for workers in their industry or occupation, post it online, and accept applications for training from prospective trainees and ensures prospective trainees can easily search and compare options. (7) Preparing 5- and 10-year reports under section 6, and submitting the reports to Congress. (8)(A) Collecting, on an ongoing basis, up-to-date contact information, including an email, phone number, and mailing address, for each employer participating in a workforce project in the American workforce program. (B) Annually collecting the following information about the American workforce program: (i) The total number of new and continuing trainees training in each workforce project under an American workforce contract. (ii) The annual completion rate for trainees, calculated by comparing the number of trainees in a designated American workforce program cohort who successfully completed a workforce project with an employer and were hired as full-time regular employees by the same employer, with the number of trainees in that cohort who began participating in a workforce project. (iii) The annual rate of trainees who successfully completed a workforce project with an employer but were not hired as full-time regular employees by the same employer compared with the number of trainees who began participating in a workforce project. (iv) The median length of time for workforce project completion. (v) A survey conducted by the Director, based on a random sample and designed to generate statistically significant results, to estimate the post-American workforce program employment retention rate for former trainees, calculated 1 and 2 years after completion of a workforce project, broken down by-- (I) former trainees who are employed by the employer with whom they completed their workforce project; (II) former trainees employed in the same industry or occupation as the industry or occupation in which they completed that workforce project, but by a different employer; and (III) former trainees who are employed, but in an industry or occupation that is not the industry or occupation described in subclause (II). (vi) The credentials attained by trainees through the American workforce program, broken down by type (such as competency-based credentials, certifications, and licenses) and the number of such credentials attained. (vii) The annualized average earnings of former trainees, calculated over a significant time period after completion of a workforce project. (viii) Median and mean workforce education subsidy provided per trainee. (ix) Basic demographic information, such as age, sex, and area of residence, on trainees. (d) Whistleblower Complaints.-- (1) Complaint.--A trainee (including an employee participating as a trainee) in a workforce project may file a complaint with the Director alleging that the employer involved is not complying with the terms of the American workforce contract involved. (2) Preliminary determination.--The Director shall begin an investigation into the complaint within 1 month after the date of receipt of the complaint. Not later than 90 days after the beginning of the investigation, if the Director determines that there is clear and convincing evidence that the complaint is valid, the Director shall make a preliminary determination on disciplinary or corrective action. (3) Notice and opportunity to respond.--If the Director makes a preliminary determination under paragraph (2) of noncompliance, the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (4) Disciplinary or corrective action.--Disciplinary or corrective action under this subsection may consist of-- (A) issuing to the employer a warning or temporary suspension, of not more than 5 years, from participation in the American workforce program; and (B) assessing a civil penalty against the employer of not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (5) Appeal.--If the Director so determines that the appropriate disciplinary or corrective action includes a suspension, the employer shall have 90 days to appeal the validity or the disciplinary or corrective action to the Director, with mandatory review by the Secretary of Commerce. (6) Final determination.--After such mandatory review, the Director shall make a final determination on the validity and on the appropriate disciplinary or corrective action, contingent on approval from the Secretary of Commerce. (e) Noncompliance Determinations.-- (1) Accountability.--The Director-- (A) may, in order to make a preliminary determination about whether there is clear and convincing evidence that employers participating in workforce projects are complying with the terms of the American workforce contracts involved and meeting the requirements of the American workforce program-- (i) demand and review relevant materials from the employers; and (ii) conduct random, periodic compliance reviews of workforce projects; and (B) shall review information in public disclosure documents submitted under section 4(g), including reviewing completion rates provided under section 4(g)(2)(A) to make a preliminary determination about whether there is clear and convincing evidence that employers are participating in a workforce project with a completion rate below 25 percent over 4 years. (2) Notice and opportunity to respond.--If the Director makes a preliminary determination under paragraph (1) of noncompliance or participation in a workforce project described in paragraph (1)(B), the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (3) Warning or civil penalty.-- (A) In general.--The Director may, at the discretion of the Director, issue a warning to or assess a civil penalty against an employer if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that-- (i) the employer is participating in a workforce project described in paragraph (1)(B); or (ii) the employer is violating the terms of an American workforce contract or the requirements of the American workforce program. (B) Calculation of civil penalty.--A civil penalty assessed under subparagraph (A) shall be in an amount that is not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (4) Suspension.--The Director may, at the discretion of the Director, temporarily suspend an employer from the American workforce program for not more than 5 years if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that-- (A) the employer is participating in a workforce project described in paragraph (1)(B); or (B) the employer is consistently or egregiously violating the terms of an American workforce contract or the requirements of the American workforce program. (f) Interference With Proceedings or Inquiries.--It shall be unlawful for any employer to discharge or in any other manner discriminate against any trainee because such trainee-- (1) has filed any complaint under subsection (d); (2) has given, or is about to give, any information in connection with any inquiry or proceeding under this Act (including any inquiry or proceeding under subsection (d) or (e)); or (3) has testified, or is about to testify, in any such inquiry or proceeding under this Act. SEC. 4. AMERICAN WORKFORCE PROGRAM. (a) In General.--The Director shall establish, subject to the availability of appropriations, an American workforce program, and carry out the program by supporting workforce projects with American workforce contracts, distributing workforce education subsidies and bonuses for hiring, and providing technical and administrative support. (b) Contracts.-- (1) In general.--To be eligible to receive a workforce education subsidy, bonus for hiring, or technical support under this Act for a workforce project, an employer and prospective trainee shall prepare a proposed American workforce contract under this subsection, based on the standardized template created by the Director, and submit the proposed contract to the Director for approval. The page limitation placed on the Director's template under subsection (c)(2)(B) shall not apply to the proposed American workforce contract prepared by the trainee and employer or the final American workforce contract. (2) Provisions.--The proposed contract between an individual who is a prospective trainee and the employer shall include each of the following: (A) Parties involved.--The name of the individual, the employer participating in the workforce project, and any third-party entity with whom the employer is partnering to provide the educational workforce training component of the project (referred to in this Act as a ``third-party training entity''). (B) Term.--The term, which shall not be shorter than 6 weeks, of the workforce project (including specifying total time to completion) and the amount of time the individual will spend in structured on-the-job work and in educational workforce training (including specifying hours per week, month, and year). (C) Work and training plan.--A detailed overview of the curriculum for the educational workforce training, a description of the structured on-the-job work, and a description of skills and competencies to be attained through the workforce project. (D) Written workforce agreement.--A proposed written workforce agreement for the individual that outlines each of the following: (i) The terms and conditions of the individual's work and training. (ii) The wage or salary an individual will receive as a trainee and the estimated starting wage or salary, in accordance with the requirements of subsection (e), for each position, described in subsection (e), that the individual is receiving training for and being considered for. (iii) The technical and professional standards that will be met by the individual for successful completion of the workforce project. (iv)(I) Expected long-term and short-term outcomes for the individual, including qualifying positions of the type the individual is being trained for at the employer and third- party training entities (if applicable), and the estimated wage or salary range for the occupation the individual is being trained for. (II) The projected growth of the relevant industry or occupation, if information on that growth is available to the employer or obtainable with such technical assistance as the Director may provide. (v) The circumstances under which the individual's wage or salary will increase during the workforce project. (vi) A description of voluntary mentorship opportunities that may be available. (vii) A disclosure of the amount of the payment from a workforce education subsidy that the employer will receive per payment period from the Director and any costs or expenses that will be charged to the trainee or could reasonably be expected to be charged to the trainee. (viii) If 1 or more competency-based credentials exist for the relevant industry or occupation, a description of the top 1 to 3 such credentials that the individual might earn on successful completion of the workforce project. (ix) If no competency-based credential exists for the industry or occupation, a description of any other credential, such as a certification or license, that the individual might earn in the relevant industry or occupation due to experience in the workforce project. (3) Review of credentials.-- (A) In general.--Not later than 1 month after receiving for review a proposed American workforce contract, the Director shall review the credentials specified in the contract under clause (viii) or (ix) of paragraph (2)(D) and may note any additional credentials the Director determines a trainee should consider earning. Any such credential noted by the Director shall be described in the contract. (B) Rules of construction.--Nothing in this section shall be construed to-- (i) permit the Director to reject an entire proposed American workforce contract solely because of the Director's view of a credential described in the proposed contract; or (ii) require a trainee to agree to earn a competency-based credential or another credential specified in the American workforce contract, as a condition of using funding provided through a workforce education subsidy under this section. (4) Review of contract.-- (A) In general.--Not later than 1 month after receiving a proposed American workforce contract, the Director shall review, and approve or disapprove, the proposed contract (including conducting the review under paragraph (3) and determining whether the employer has provided the appropriate written disclosure document under subsection (g)). (B) Presumption of approval.--There shall be a presumption of approval for a proposed American workforce contract, in that such a contract that has not been disapproved by the Director shall be considered to be approved on the 32nd day after the date of that receipt. A proposed American workforce contract may only be disapproved for failing to meet the requirements of this Act. If such a proposed contract is disapproved, the Director shall describe the reason, with a citation to the requirement not met, and a recommendation for how the proposed contract shall be amended to comply with this Act. (5) Review of resubmission.--If an employer and individual submit a proposed contract under paragraph (1) that is not approved under paragraph (4), the employer and individual may resubmit the amended proposed contract for review as described in paragraph (4). For purposes of paragraph (4)(B), the reference to the date of receipt shall be considered to be the date of receipt of the resubmitted proposed contract. (6) Entry into contract.--Once a proposed contract has been approved under paragraph (4) or (5), the individual and employer involved may enter into the contract and initiate the workforce project. (7) Current employees.--A participating employer may enter into an American workforce contract with, and enroll into their workforce project, an employee who holds a position with the employer if the employer agrees to-- (A) maintain employment for that employee at the employee's wage or salary on the date of enrollment, or a higher wage or salary; and (B) provide an increase to the employee's annual wage or salary, if the employee successfully completes the workforce project, that is equal to not less than 25 percent of the value of the educational workforce subsidy provided for the project. (c) Workforce Education Subsidies.--Not earlier than the date on which an individual and employer enter into an American workforce contract approved by the Director, the Director shall provide an education workforce subsidy to the employer operating the workforce project. Each of the following rules shall apply to the workforce education subsidy and the trainee involved and employer: (1) The workforce education subsidy may be used to subsidize the cost of educational workforce training (onsite or with an eligible third-party training entity), not the wage or salary of the trainee. (2) The employer shall pay, at regular intervals, the trainee a wage or salary at a rate that is not less than the higher of-- (A) the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or (B) the rate in effect under a State or local minimum wage law that applies to the State or locality in which the trainee is engaged in labor or service for the employer. (3) The employer shall provide a working environment for the trainee that meets all applicable Federal, State, and local safety laws and regulations. (4) Neither the Director or any other officer or employee of the executive branch of the Federal Government may make the workforce education subsidy contingent on any requirement not specified in this Act. (5) The employer shall not currently be suspended from participating in workforce projects subsection (d) or (e) of section 3. (6) Participation in the workforce project involved shall not make the employer subject to the jurisdiction of the Office of Federal Contract Compliance Programs of the Department of Labor as a Federal contractor, including not being subject to Executive Order 11246. (7) The employer shall comply with all applicable Federal, State, and local statutory laws pertaining to nondiscrimination in employment. (8) The workforce education subsidy may not be used for-- (A) diversity, equity, and inclusion training, or culturally responsive training; or (B) any other training that may violate-- (i) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), by contributing to a hostile work environment; or (ii) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including its prohibition, on the ground of race, color, or national origin, of discrimination under any program or activity receiving Federal financial assistance. (9) The workforce education subsidy may not be used for political spending, electioneering, or any other purpose that is not directly related to educational workforce training. (10) The Director shall make payments from the workforce education subsidy to the employer-- (A) in even installments, following the end of each financial quarter in which the training and on-the-job work specified in the American workforce contract have been completed by the trainee; (B) in sums of not more than $1,500 per month; and (C) for a total amount of not more than $9,000, as determined on the basis of the American workforce contract. (11) A State government or locality may supplement the workforce education subsidy with additional funds, if the State government or locality does not make accepting such funds or any conditions attached to the funds a requirement of accepting Federal funding. (12) If the trainee chooses to leave a workforce project after the halfway point of the term of the workforce project, the trainee will be considered to have used the entirety of one of the workforce education subsidies through which the trainee is eligible to receive educational workforce training. (13) If the employer ceases operations, the trainee shall not be held at fault, meaning that the trainee may receive educational workforce training, funded with the full value of the workforce education subsidy, for a workforce project with a subsequent eligible employer, notwithstanding the time requirement of paragraph (15). (14) The maximum period of time for which an employer (including a subsequent employer described in paragraph (13)) may receive payments, provided through the workforce education subsidy for education workforce training of a trainee, shall be 3 years. (15)(A) In order for a trainee to enroll in a workforce project with a subsequent eligible employer through a second or third such subsidy, the trainee shall receive the related educational workforce training not less than 1 year after the conclusion of the trainee's most recent training through a workforce education subsidy. (B) The time limit described in subparagraph (A) shall not apply to a trainee who-- (i) completed a workforce project with, but was not hired by, an employer; and (ii) seeks to receive such training through a workforce project with the trainee's next employer. (16) The employer shall meet the applicable minimum ratios specified under section 5(d). (17) The employer shall use E-Verify for each trainee enrolled and individual hired or employed during the period for which the employer accepts funds through a subsidy provided under this Act, regardless of whether the trainee or individual participated in a workforce project. (18) The employer shall publish a public disclosure document, consistent with subsection (g). (d) Bonus for Hiring.-- (1) In general.--If an trainee, on completion of a workforce project, is hired as a full-time, regular employee of the employer participating in the workforce project, with a wage or salary described in subsection (e)(1), the employer shall receive a bonus of $1,000 (in addition to any payment received through a workforce education subsidy). The Director shall pay the bonus not sooner than the date that is 6 months after the trainee is so hired. (2) Rules.--Subject to paragraph (3), each of the rules described in paragraphs (5), (6), (8), (9), (11), (16), (17), and (18) shall apply to the bonus, and the trainee hired and employer, except that a reference in those paragraphs-- (A) to a workforce educational subsidy shall be considered to be a reference to the bonus; and (B) to a trainee shall be considered to be a reference to the trainee hired. (3) Use of bonus.--An employer who receives a bonus under this subsection may use the bonus funds to supplement the wage or salary of the trainee hired. (e) Position for the Trainee.-- (1) Wages.--An employer participating in a workforce project shall be training each trainee and considering each trainee for a position that would have an annual wage or salary of not less than 80 percent of-- (A) the annual median household income of the county in which the job involved is located (or an hourly wage based on that income and adjusted for a 2,080-hour annual work period), as determined by the 5- year estimates of the American Community Survey of the Bureau of the Census; or (B) if the county involved is not in a micropolitan or metropolitan area, the annual median household income for the nearest micropolitan or metropolitan area, as determined by the Bureau of the Census. (2) Remote work.--An employer providing remote work for a trainee or employee (in a position referred to in paragraph (1)) shall use the trainee's or employee's location when determining an applicable wage or salary under this Act. Such a trainee or employee engaging in remote work shall live in the United States and file Federal income taxes in the United States. (3) Work.--An employer participating in a workforce project shall provide structured on-the-job work for each trainee in a job that requires specialized knowledge and experience and involves the performance of complex tasks, to prepare the trainee for a position referred to in paragraph (1). (f) Educational Workforce Training.--In providing for educational workforce training through a workforce project to a trainee, an employer shall meet each of the following requirements: (1) Skills.--The employer shall ensure that the training is designed in a manner that enables trainees to obtain and demonstrate competency and obtain progressively advancing and portable skills that are necessary for the industry or occupation involved. (2) Partners.--The employer may partner with any of the following eligible third-party training entities, and may pay such a third-party training entity with funds from a workforce education subsidy, in order to provide the training for trainees in the workforce project: (A) A trade, industry, or employer group or association. (B) A corporation or other related organized entity. (C) An educational institution, such as an institution of higher education, including a community college, or a secondary school. (D) A State or local government agency or entity. (E) A nonprofit organization. (F) A union. (G) A joint labor-management organization. (H) A certification or accreditation body or entity for an industry or occupation. (I) A consortium or partnership of entities such as entities described in any of subparagraphs (A) through (H). (3) Credentials.--The employer shall ensure that, in conjunction with that training, the trainee shall be made aware of any widely used competency-based credentials in the employer's industry or occupation. If a competency-based credential is described in the trainee's American workforce contract, the employer shall not forbid the trainee, or provide a disincentive to discourage the trainee, from taking a related competency-based credential exam. (4) Definitions.--In this subsection: (A) Community college.--The term ``community college'' means an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) at which the highest degree that is predominately awarded to students is an associate degree. (B) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (g) Public Disclosure Document.-- (1) In general.--The Director shall require each participating employer seeking approval for a proposed American workforce contract to provide a written disclosure document, about the employer's workforce project, that includes each of the following statistics and information: (A) The total expected cost, if any, for a trainee during or at the completion of the workforce project, such as the cost of fees for a certification examination. (B) The expected wage or salary for the position of the employer that the workforce project is designed to train for. (C) The length of the workforce project. (D) The total expected number of hours of structured on-the-job work per week, and of hours of educational workforce training per week, for a trainee during the workforce project. (E) The total expected number of hours for which a trainee will be paid during the course of the workforce project. (F) The hourly wage or salary for a trainee during the course of the workforce project. (G) Information stating any certifications, licenses, or other credentials that trainees in the workforce project might earn on successful completion of the workforce project. (2) Additional public disclosure for established workforce projects.--Three years after an employer has completed a workforce project, the Director shall require the employer to include, in its written disclosure document, documentation that includes each of the following statistics: (A) The completion rate for trainees in a workforce project with the employer, calculated over the previous 3 years. (B) The percentage of trainees that completed a workforce project with, and were hired by, the employer participating in the project, calculated over the previous 2 years. (C) The average wage or salary of currently employed (as of the date of collection of the wage or salary information) trainees who completed a workforce project, during the last 3 years, presented in a way that does not reveal individually identifiable wage or salary information. (3) Availability.--The disclosure documents described in paragraphs (1) and (2) shall be made available to the general public by the Director. SEC. 5. GENERAL PROVISIONS. (a) Workforce Project After Payment Period.--Nothing in this Act shall be construed to require a workforce project to end after 3 years, the maximum period of time for which an employer may receive payments through a workforce education subsidy for a trainee, if the employer pays for the cost of the associated educational workforce training for the portion of the project after that maximum period. (b) Relationship to Other Projects.--Individuals who do not meet the criteria described in section 2(8)(A) may participate in projects, structured like workforce projects described in this Act, if the employer or an organization other than the Federal Government provides the necessary funding for wages or salaries, and educational workforce training. (c) Third-Party Training Entity.--The Secretary may not pressure, or provide an incentive or disincentive to, an employer to choose 1 eligible entity over another as a third-party training entity. The choice of a third-party training entity shall be made entirely by an employer. (d) Regulations on Ratios.-- (1) Ratios.--Beginning 5 years after the date of enactment of this Act, the Secretary may issue regulations that specify 1 or more ratios, based on categories of jobs as defined by the Secretary, between the number of job openings for a prospective position, as a full-time regular employee, related to a workforce project, and the number of trainees in that project. (2) Objectives.--In issuing the regulations, the Secretary shall consider the following objectives: (A) Assuring that a trainee has a reasonable opportunity to be hired as a full-time, regular employee by the employer participating in the workforce project. (B) Ensuring that an employer's hiring discretion is not limited in a manner that would incentivize an employer to lower standards for a position that is particularly difficult or dangerous. (e) Criteria.--The Secretary may establish criteria regarding technical matters and provide technical assistance for meeting the requirements of this Act. (f) Required Regulations.--Regulations required under this Act shall be issued by the corresponding officer within 3 months after the date of enactment of this Act, except as otherwise specified. SEC. 6. EVALUATION REPORTS AND SUNSET. (a) 5-Year Report.--Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report including each of the following information, analysis, and recommendations: (1) A comparison of the American workforce program to other major career and technical education or apprenticeship programs administered by the Federal Government, including the registered apprenticeship program carried out under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), and to the workforce investment activity programs administered under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), on the basis of-- (A) the completion rate of participants in each program; (B) the average earnings of participants in each program, calculated during-- (i) the related career and technical education, apprenticeship, workforce investment, or workforce project; and (ii) the period beginning 3 years and ending 5 years after the participants complete the related career and technical education, apprenticeship, workforce investment, or workforce project; (C) the percentages obtained by dividing-- (i) the number of participants and rate of growth in participants for each program; by (ii) the number of individuals in the labor force and the rate of growth of the labor force, respectively; (D) the level of direct engagement by employers with, and satisfaction from employers in, each program; and (E) the diversity of the industries and occupations of the employers who utilize each program. (2) The overall completion rate for the American workforce program, the completion rate for workforce projects by industry and occupation, the number of trainees who dropped out of the program entirely, broken down by industry and occupation, and the number who left a workforce project for another workforce project. (3) The results of a survey, based on a random sample and designed to generate statistically significant results, of trainees who have participated in the program. (4) The results of a survey, based on a random sample and designed to generate statistically significant results, of employers who have participated in the program, including a breakdown by size of employer. (5) Data collected under section 3(c)(8)(B). (6) Information and technical criteria, other regulations, and guidance issued by the Secretary to administer the program. (7) Information on the rate of uptake by individuals and employers that are eligible to participate in the program, and recommendations for ways in which this rate of uptake could be improved. (8) Analysis on considerations for Congress about expanding the use of intermediary institutions, such as nonprofits, to better advertise the program. (9)(A) Analysis on considerations for Congress in expanding eligibility of the program for United States citizens who do not have a high school diploma or its generally recognized equivalent. (B) Analysis on considerations for Congress in encouraging trainees to obtain industry-recognized credentials that help to provide recognition of a portable skill. (C) Analysis on considerations for Congress on the effect and necessity of regulations described in section 5(d). (D) Recommendations for Congress on encouraging participation in workforce projects by small businesses. (10) Analysis on considerations for Congress about how to effectively engage high school students in a workforce project, including-- (A) how coursework for a technical high school, or career and technical education in a high school, could qualify towards the completion of a workforce project; and (B) how time spent in structured on-the-job work or educational workforce training for a workforce project could count towards high school graduation. (11) Recommendations for improvement and reauthorization of the American workforce program by Congress. (b) 10-Year Report.--Not later than 10 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report containing the information, analysis, and recommendations described in subsection (a). (c) Sunset.--The program authorized by section 4 and the position of the Director shall cease to exist on the earlier of-- (1) the date on which the Director submits the report described in subsection (b) to Congress; or (2) the day that is 11 years after the date of enactment of this Act. SEC. 7. EXCISE TAX ON CERTAIN LARGE PRIVATE COLLEGE AND UNIVERSITY ENDOWMENTS. (a) In General.--Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4969. EXCISE TAX ON CERTAIN LARGE PRIVATE COLLEGE AND UNIVERSITY ENDOWMENTS. ``(a) Tax Imposed.--There is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to 1 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. ``(b) Specified Applicable Educational Institution.--For purposes of this subchapter, the term `specified applicable educational institution' means any applicable educational institution, other than an institution which is religious in nature, the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution's exempt purpose) is at least $2,500,000,000. ``(c) Other Terms.--For purposes of this section-- ``(1) Assets.--The rules of section 4968(d) shall apply. ``(2) Student.--The rules of section 4968(b)(2) shall apply.''. (b) Clerical Amendment.--The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 4969. Excise tax on certain large private college and university endowments.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2024. <all>

usgpo

2024-06-24T00:12:38.788675

BILLS-118s4285is

United States-Israel Anti-Tunnel Cooperation Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4285 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4285 To amend the National Defense Authorization Act for Fiscal Year 2016 to improve cooperation between the United States and Israel on anti-tunnel defense capabilities. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Peters (for himself and Mr. Budd) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To amend the National Defense Authorization Act for Fiscal Year 2016 to improve cooperation between the United States and Israel on anti-tunnel defense capabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Anti-Tunnel Cooperation Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Israel is an international leader in developing innovative defense technologies, including by pioneering efforts to map, detect, destroy, and maneuver through terror tunnels. (2) Terrorist organizations on Israel's borders, such as Hamas, Hezbollah, and Palestinian Islamic Jihad (PIJ), with Iran's help, have constructed a labyrinth of subterranean passages under the Gaza Strip and areas of southern Lebanon to improve their military capabilities as well as to attack and kidnap Israeli soldiers and civilians. (3) Since October 7, 2023, over 1,500 new terror tunnel shafts, approximately 350 to 450 miles long, built under hospitals, schools, and homes in Gaza have been discovered, with over 5,700 entrance points. (4) In the Gaza Strip, Hamas intentionally uses civilians as human shields by placing its underground tunnel network beneath densely populated areas, connecting its terror infrastructure to schools, hospitals, and mosques. (5) Tunnels in Gaza and Lebanon are used as underground rocket manufacturing and launching sites, weapons caches, bunkers, transportation networks, and command and control centers. (6) United States and Israeli intelligence indicates that Hamas's military leadership is both sheltering in the subterranean tunnel network and using it to hold innocent Israeli hostages. (7) The United States faces similar subterranean threats on the Korean Peninsula, the southern border, and in various theaters in the Middle East. (8) Israel shares its anti-tunnel technology with the Department of Defense and the Department of Homeland Security, which work to advance this technology further, enhancing the United States' ability to deal with this growing threat on at the border and around the world. (9) Since October 7, 2023, there is an increased need to scale up bilateral cooperation on anti-tunneling efforts as a reflection of the complexity of the subterranean terror reality in Gaza revealed since the start of Israel's military campaign. (10) Such an increase in joint United States-Israel cooperation will not only benefit Israel, but will also help the United States and allies across the globe that face similar challenges from subterranean tunnels. SEC. 3. MODIFICATION OF ANNUAL LIMITATION ON AMOUNT AVAILABLE FOR UNITED STATES-ISRAEL ANTI-TUNNEL COOPERATION. Section 1279(b)(4) of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is amended by striking ``$50,000,000'' and inserting ``$80,000,000''. <all>

usgpo

2024-06-24T00:12:38.878219

BILLS-118hres1292eh

H. RES. 1292 (EH) - Engrossed in House

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1292 Engrossed in House (EH)] <DOC> H. Res. 1292 In the House of Representatives, U. S., June 12, 2024. Resolved, That Merrick B. Garland, Attorney General, U.S. Department of Justice, shall be found to be in contempt of Congress for failure to comply with a congressional subpoena. Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, the Speaker of the House of Representatives shall certify the report of the Committee on the Judiciary, detailing the refusal of Merrick B. Garland, Attorney General, U.S. Department of Justice, to produce documents, records, and materials to the Committee on the Judiciary as directed by subpoena, to the United States Attorney for the District of Columbia, to the end that Attorney General Merrick B. Garland be proceeded against in the manner and form provided by law. Resolved, That the Speaker of the House shall otherwise take all appropriate action to enforce the subpoena. Attest: Clerk.

usgpo

2024-06-24T00:12:38.894014

BILLS-118hres1287eh

Providing for consideration of the bill (H.R. 8070) to authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year; relating to the consideration of House Report 118–527 and an accompanying resolution; and for other purposes.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1287 Engrossed in House (EH)] <DOC> H. Res. 1287 In the House of Representatives, U. S., June 12, 2024. Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 8070) to authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and amendments specified in this section and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Armed Services now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118-36, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. Sec. 2. (a) No further amendment to H.R. 8070, as amended, shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution and amendments en bloc described in section 3 of this resolution. (b) Each further amendment printed in part B of the report of the Committee on Rules shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. (c) All points of order against further amendments printed in part B of the report of the Committee on Rules or against amendments en bloc described in section 3 of this resolution are waived. Sec. 3. It shall be in order at any time for the chair of the Committee on Armed Services or his designee to offer amendments en bloc consisting of further amendments printed in part B of the report of the Committee on Rules accompanying this resolution not earlier disposed of. Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 40 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services or their respective designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. Sec. 4. At the conclusion of consideration of H.R. 8070 for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except one motion to recommit. Sec. 5. If House Report 118-527 is called up by direction of the Committee on the Judiciary: (a) all points of order against the report are waived and the report shall be considered as read; and (b)(1) an accompanying resolution offered by direction of the Committee on the Judiciary shall be considered as read and shall not be subject to a point of order; and (2) the previous question shall be considered as ordered on such resolution to adoption without intervening motion or demand for division of the question except one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees. Sec. 6. Upon adoption of the resolution accompanying House Report 118-527, the resolution accompanying House Report 118-533 is hereby adopted. Attest: Clerk.

usgpo

2024-06-24T00:12:38.977161

BILLS-118s4296is

More Opportunities for Moms to Succeed Act; MOMS Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4296 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4296 To amend the Public Health Service Act to provide more opportunities for mothers to succeed, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 9, 2024 Mrs. Britt (for herself, Mr. Rubio, Mr. Cramer, Mr. Daines, Mr. Grassley, Mrs. Hyde-Smith, Mr. Marshall, Mr. Moran, Mr. Ricketts, Mr. Rounds, Mr. Schmitt, Mr. Tillis, Mr. Wicker, and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Public Health Service Act to provide more opportunities for mothers to succeed, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``More Opportunities for Moms to Succeed Act'' or the ``MOMS Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--FEDERAL CLEARINGHOUSE OF RESOURCES FOR EXPECTING MOMS Sec. 101. Pregnancy.gov. Sec. 102. National list of licensed child placement agencies. Sec. 103. List of funding opportunities available to pregnancy support centers. TITLE II--IMPROVING ACCESS TO PRENATAL AND POSTNATAL RESOURCES Sec. 201. Positive alternatives for women. Sec. 202. Improving access to prenatal and postnatal telehealth care. TITLE III--UNBORN CHILD SUPPORT Sec. 301. Child support enforcement on behalf of unborn children. TITLE I--FEDERAL CLEARINGHOUSE OF RESOURCES FOR EXPECTING MOMS SEC. 101. PREGNANCY.GOV. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXIV--RESOURCE DIRECTORY FOR MOMS ``SEC. 3401. ESTABLISHMENT OF PREGNANCY.GOV WEBSITE. ``(a) Website.--Not later than 1 year after the date of enactment of this section, the Secretary shall publish a public website entitled `pregnancy.gov'. The Secretary may not delegate implementation or administration of the website below the level of the Office of the Secretary. The website shall include the following: ``(1) A clearinghouse of relevant resources available for pregnant and postpartum women, and women parenting young children. ``(2) A series of questions through which a user is able to generate a list of relevant resources of interest within the user's ZIP Code. ``(3) A means to direct the user to identify whether to list the relevant resources of interest that are available online or within 1, 5, 10, 50, and 100 miles of the user. ``(4) A mechanism for users to take an assessment through the website and provide consent to use the user's contact information, which the Secretary may use to conduct outreach via phone or email to follow up with users on additional resources that would be helpful for the users to review. ``(b) Resource List Aggregation.-- ``(1) In general.--The Secretary shall invite each State to provide recommendations of relevant resources referred to in subsection (a)(3) for such State. ``(2) Criteria for making recommendations.--The Secretary shall develop criteria to provide to the States to determine whether resources recommended as described in paragraph (1) should appear on the website. Such criteria shall include the requirement that the relevant resource is not a prohibited entity. ``(3) Grant program.-- ``(A) In general.--The Secretary shall provide grants to States to establish or support a system that-- ``(i) aggregates relevant resources referred to in subsection (a)(3), in accordance with the criteria developed under paragraph (2); and ``(ii) may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally based, or community-based public or private entity. ``(B) Applications.--To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of relevant resources that would be included in the State system supported by the grant. ``(c) Prohibition Regarding Certain Entities.--Relevant resources listed on the website, and any additional resources promoted by the Secretary, may not include any resource offered by a prohibited entity. No prohibited entity may receive a grant provided under subsection (b)(3). ``(d) Services in Different Languages.--The Secretary shall ensure that the website provides the widest possible access to services for families who speak languages other than English. ``(e) Reporting Requirements.-- ``(1) In general.--Not later than 180 days after the date on which the website is established under this section, the Secretary shall submit to Congress a report on-- ``(A) the traffic of the website; ``(B) user feedback on the accessibility and helpfulness of the website in tailoring to the user's needs; ``(C) insights on gaps in relevant resources with respect to services for pregnant and postpartum women, or women parenting young children; ``(D) suggestions on how to improve user experience and accessibility based on user feedback and missing resources that would be helpful to include in future updates; and ``(E) certification that no prohibited entities are listed as a relevant resource or are in receipt of a grant under subsection (b)(3). ``(2) Confidentiality.--The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2029. ``(g) Definitions.--In this section: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability, to produce a live birth and preserve the life and health of the child born alive; ``(ii) to remove a dead unborn child; or ``(iii) to treat an ectopic pregnancy. ``(2) Born alive.--The term `born alive' has the meaning given such term in section 8(b) of title 1, United States Code. ``(3) Prohibited entity.--The term `prohibited entity' means an entity, including its affiliates, subsidiaries, successors, and clinics, that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. ``(4) Relevant resources.--The term `relevant resources' means the Federal, State, local governmental, and private resources that serve pregnant and postpartum women, or women parenting young children in the categories of the following topics: ``(A) Mentorship opportunities, including pregnancy and parenting help and case management resources. ``(B) Health and well-being services, including women's medical services such as obstetrical and gynecological support services for women, abortion pill reversal, breastfeeding, general health services, primary care, and dental care. ``(C) Financial assistance, work opportunities, nutrition assistance, childcare, and education opportunities for parents. ``(D) Material or legal support, including transportation, food, nutrition, clothing, household goods, baby supplies, housing, shelters, maternity homes, tax preparation, legal support for child support, family leave, breastfeeding protections, and custody issues. ``(E) Recovery and mental health services, including services with respect to addiction or suicide intervention, intimate partner violence, sexual assault, rape, sex trafficking, and counseling for women and families surrounding unexpected loss of a child. ``(F) Prenatal diagnostic services, including disability support organizations, medical interventions for a baby, perinatal hospice resources, pregnancy and infant loss support, and literature on pregnancy wellness. ``(G) Healing and support services for abortion survivors and their families. ``(H) Services providing childcare, adoption, foster care, and short term childcare services and resources. ``(I) Comprehensive information on alternatives to abortion. ``(J) Information about abortion risks, including complications and failures. ``(K) Links to information on child development from moment of conception. ``(5) Unborn child.--The term `unborn child' has the meaning given such term in section 1841(d) of title 18, United States Code. ``(6) Website.--The term `website' means the public website entitled `pregnancy.gov' required to be established under subsection (a).''. SEC. 102. NATIONAL LIST OF LICENSED CHILD PLACEMENT AGENCIES. (a) In General.--Section 474 of the Social Security Act (42 U.S.C. 674) is amended by adding at the end the following: ``(h) National List of Licensed Child Placement Agencies.-- ``(1) State reporting.-- ``(A) In general.--Not later than January 1 of each fiscal year, a State with a plan approved under this part for the fiscal year shall submit to the Secretary a list of private child placement agencies that, as of the end of the preceding fiscal year, were licensed or accredited by, and in good standing with, the State and exempt from Federal income tax by reason of section 501(c)(3) of the Internal Revenue Code of 1986. ``(B) Child placement agency.--In subparagraph (A), the term `child placement agency' means an agency that places children in prospective adoptive homes. ``(2) National list.--The Secretary, through the United States Children's Bureau, shall compile and maintain on the public website entitled `pregnancy.gov' required to be established under title XXXIV of the Public Health Service Act, a publicly available list consisting of each list most recently submitted by a State under paragraph (1). ``(3) Annual reports to congress.--Not later than the 2nd December 31 after the date of the enactment of this subsection, and annually thereafter, the Secretary shall submit to the Congress a written report that contains the list maintained under paragraph (2) and identifies any child placement agency that is licensed by a State and is not on the list, and a specification of any disciplinary actions that a State has taken against a private child placement agency.''. (b) Loss of Eligibility for Adoption and Legal Guardianship Incentive Payments for Failure of State To Comply With List Submission Requirement.--Section 473A(b) of such Act (42 U.S.C. 673b(b)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) the State has complied with section 474(h)(1) with respect to the preceding fiscal year.''. SEC. 103. LIST OF FUNDING OPPORTUNITIES AVAILABLE TO PREGNANCY SUPPORT CENTERS. Title XXXIV of the Public Health Service Act (as added by section 101) is amended by adding at the end the following: ``SEC. 3402. LIST OF FUNDING OPPORTUNITIES AVAILABLE TO PREGNANCY SUPPORT CENTERS. ``The Secretary shall compile and maintain on the public website entitled `pregnancy.gov' required to be established under section 3401, a publicly available list of Federal funding opportunities available to nonprofit and health care entities for pregnancy support services that offer or provide the relevant resources (as defined in subsection (g) of such section).''. TITLE II--IMPROVING ACCESS TO PRENATAL AND POSTNATAL RESOURCES SEC. 201. POSITIVE ALTERNATIVES FOR WOMEN. (a) Program Authority.-- (1) Purpose.--The purpose of grants under this section shall be to support, encourage, and assist women-- (A) to carry their pregnancies to term; and (B) to care for themselves and their babies after birth. (2) Grants.--For the purpose described in paragraph (1), the Secretary shall award grants to eligible entities described in subsection (b) to provide information on, referral to, and direct services as described in subsection (c). (b) Eligibility.-- (1) Eligible entities.--To be eligible for a grant under this section, an entity shall-- (A) be a nonprofit organization; (B) support, encourage, and assist women as described in subsection (a)(1); (C) agree to be subject to such monitoring and review as the Secretary may require under subsection (g); (D) agree to not charge women for services provided through the grant; (E) provide each pregnant woman counseled through the grant with accurate information on the developmental characteristics of babies and of unborn children, including offering printed information; and (F) have a privacy policy and procedures in place to ensure that-- (i) the name, address, telephone number, or any other information that might identify any woman seeking services supported through the grant is not made public or shared with any other entity without the written consent of the woman; and (ii) the grantee adheres to requirements comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d-9(b)(3))) to covered entities (as defined for purposes of such regulation). (2) Ineligible entities.--An entity shall be ineligible to receive a grant under this section if the entity or any affiliate, subsidiary, successor, or clinic thereof-- (A) performs, induces, refers for, or counsels in favor of abortions; or (B) provides financial support to any other entity that conducts any activity described in subparagraph (A). (3) Financial records.--As a condition on receipt of a grant under this section, an eligible entity shall agree to maintain and make available to the Secretary records, including financial records, that demonstrate that the entity satisfies the requirements of paragraph (1) and is not ineligible by operation of paragraph (2). (c) Covered Services.-- (1) Required information and referral.--For the purpose described in subsection (a)(1), an eligible entity receiving a grant under this section shall use the grant to provide to pregnant and postpartum women, or women parenting young children, information on, and referral to, each of the following services: (A) Medical care. (B) Nutritional services. (C) Housing assistance. (D) Adoption services. (E) Education and employment assistance, including services that support the continuation and completion of high school. (F) Child care assistance. (G) Parenting education and support services. (H) Voluntary substance abuse counseling and treatment. (2) Permissible direct provision of services.--For the purpose described in subsection (a)(1), in addition to using a grant under this section as described in paragraph (1), an eligible entity receiving a grant under this section may use the grant for the direct provision of one or more services listed in paragraph (1). (d) Prohibited Uses of Funds.--None of the funds made available under this section shall be used-- (1) for health benefits coverage that includes coverage of abortion; (2) for providing or assisting a woman to obtain adoption services from a provider of adoption services that is not licensed; and (3) for any of the activities described in subsection (b)(2). (e) Consideration.--In selecting the recipients of grants under this section, the Secretary shall consider each applicant's demonstrated capacity in providing services to assist a pregnant woman in carrying her pregnancy to term. (f) Monitoring and Review.--The Secretary shall-- (1) monitor and review each program funded through a grant under this section to ensure that the grantee carefully adheres to-- (A) the purpose described in subsection (a)(1); and (B) the requirements of this section; and (2) cease to fund a program under this section if the grantee fails to adhere to such purpose and requirements. (g) Definitions.--In this section: (1) Abortion.--The term ``abortion'' means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally-- (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2029. SEC. 202. IMPROVING ACCESS TO PRENATAL AND POSTNATAL TELEHEALTH CARE. (a) In General.--The Secretary shall award grants to, or enter into cooperative agreements with, eligible entities to purchase equipment necessary for carrying out at-home telehealth visits for screening, monitoring, and management of prenatal and postnatal care for the purpose of improving maternal and infant health outcomes, and reducing maternal mortality, by improving access to care in rural areas, frontier counties, medically underserved areas, or jurisdictions of Indian Tribes and Tribal organizations. (b) Ineligible Entities.--An entity shall be ineligible to receive a grant or enter into a cooperative agreement under this section if the entity or any affiliate, subsidiary, successor, or clinic thereof-- (1) performs, induces, refers for, or counsels in favor of abortions; or (2) provides financial support to any other entity that conducts any activity described in paragraph (1). (c) Use of Funds.--A recipient of a grant or cooperative agreement under this section shall use the award funds as described in subsection (a), which may include purchasing or providing equipment necessary for carrying out at-home telehealth visits (such as remote physiologic devices and related services, including pulse oximeters, blood pressure cuffs, scales, and blood glucose monitors) to screen, monitor, and manage prenatal and postnatal care at home by means of telehealth visits and services for the purpose described in subsection (a). (d) Report to Congress.--Not later than September 30, 2028, the Secretary shall submit to Congress a report on activities supported through grants and cooperative agreements under this section, including-- (1) a description of the activities conducted pursuant to such grants and cooperative agreements; and (2) an analysis of the effects of such grants and cooperative agreements on improving prenatal and postnatal care in areas and jurisdictions described in subsection (a). (e) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity that provides prenatal care, labor care, birthing, or postpartum care services in a rural area, a frontier county, a medically underserved area, or the jurisdiction of an Indian Tribe or Tribal organization. (2) Frontier county.--The term ``frontier county'' has the meaning given such term in section 1886(d)(3)(E)(iii)(III) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(iii)(III)). (3) Indian tribe; tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (4) Medically underserved area.--The term ``medically underserved area'' means a health professional shortage area designated under section 332 of the Public Health Service Act (42 U.S.C. 254e). (5) Rural area.--The term ``rural area'' has the meaning given such term in section 330J(e) of the Public Health Service Act (42 U.S.C. 254c-15(e)). (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2029. TITLE III--UNBORN CHILD SUPPORT SEC. 301. CHILD SUPPORT ENFORCEMENT ON BEHALF OF UNBORN CHILDREN. (a) State Plan Amendment.--Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (1) in paragraph (4)(A)-- (A) in clause (i)-- (i) by inserting ``, including an unborn child,'' after ``child''; and (ii) by inserting ``and'' after the semicolon; and (B) in clause (ii), by inserting ``, including an unborn child'' after ``other child''; (2) in paragraph (33), by striking ``and'' after the semicolon; (3) in paragraph (34), by striking the period and inserting ``; and''; (4) by inserting after paragraph (34), the following: ``(35) provide that the State will establish and enforce child support obligations of the biological father of an unborn child (and subsequent to the birth of the child) to the mother of such child provided that-- ``(A) the mother has requested payment of such child support obligations; ``(B) the start date for such obligations may begin with the first month in which the child was conceived, as determined by a physician (and shall begin with that month if the mother so requests); ``(C) payments for such obligations may be retroactively collected or awarded, including in the case where paternity is established subsequent to the birth of the child; ``(D) the payment amount for such obligations shall be determined by a court, in consultation with the mother, taking into account the best interests of the mother and child; ``(E) any measure to establish the paternity of a child (born or unborn) shall not be required without the consent of the mother; and ``(F) any measure to establish the paternity of an unborn child shall not be taken if the measure poses any risk of harm to the child if unborn.''; and (5) by adding at the end the following: ``For purposes of paragraphs (4) and (35), the term `unborn child' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Limitation of Waiver Authority.--Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``In the case of'' and inserting ``Except as provided in subsection (c), in the case of''; (2) in subsection (b)(1), in the matter preceding subparagraph (A), by striking ``In the case of'' and inserting ``Except as provided in subsection (c), in the case of''; and (3) by striking subsection (c) and inserting the following: ``(c) No experimental, pilot, or demonstration project undertaken under subsection (a) to assist in promoting the objectives of part D of title IV, may permit modifications of paragraphs (4)(A)(ii) and (35) of section 454 to establish and enforce child support obligations of the biological father of an unborn child. For purposes of the preceding sentence, the term `unborn child' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 2 years after the date of enactment of this Act and shall apply to payments under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) for calendar quarters beginning on or after such date. <all>

usgpo

2024-06-24T00:12:39.116902

BILLS-118s4299is

She Develops Regulations In Vehicle Equality and Safety Act; She DRIVES Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4299 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4299 To require the Secretary of Transportation to issue a rule relating to the collection of crashworthiness information under the New Car Assessment Program of the National Highway Traffic Safety Administration, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 9, 2024 Mrs. Fischer (for herself, Mrs. Murray, Mrs. Blackburn, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To require the Secretary of Transportation to issue a rule relating to the collection of crashworthiness information under the New Car Assessment Program of the National Highway Traffic Safety Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``She Develops Regulations In Vehicle Equality and Safety Act'' or the ``She DRIVES Act''. SEC. 2. CRASHWORTHINESS STANDARDS UNDER NCAP. (a) Definitions.--In this section: (1) Anthropomorphic test device.--The term ``anthropomorphic test device'' means a testing device used for compliance testing of motor vehicles and motor vehicle equipment with respect to Federal motor vehicle safety standards that is-- (A)(i) described in section 572.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); and (ii) used to determine occupant crash protection, in the determination of the Secretary, in each seating position; and (B) instrumented with sensors and injury measurement capability at the parts of the body most at risk for injury, including injury measurement for, at a minimum, the acetabulum load, upper and lower thorax displacement, abdominal displacement, ankle angle, and Achilles load. (2) Crashworthiness.--The term ``crashworthiness'' has the meaning given the term in section 32301 of title 49, United States Code. (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) NCAP Testing Rule.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a final rule updating the testing procedures used to test the crashworthiness of passenger motor vehicles under the New Car Assessment Program of the National Highway Traffic Safety Administration, in accordance with paragraph (2). (2) Requirements.--The final rule issued under paragraph (1) shall include the following: (A) The inclusion of the new generation-- (i) 50th percentile adult male testing device, as referenced by Regulation Identifier Number 2127-AM20; and (ii) 5th percentile adult female testing device, as referenced by Regulation Identifier Number 2127-AM56. (B) The updating of test procedures and devices, including anthropomorphic test devices, to procedures that mandate the use of the most technologically advanced devices available in the global and domestic markets used in crashworthiness testing and validation. (C) The establishment of new, or refinement of existing, injury criteria, including head, neck, chest, abdomen, pelvis, upper leg, and lower leg injury criteria, with anthropomorphic test devices based on-- (i) real-world injuries; and (ii) the greatest potential to increase safety. (D) The establishment of front seat crashworthiness frontal and side impact tests with anthropomorphic test devices for adult female occupants in all designated front seating positions, including the driving position. (E) The establishment of rear seat crashworthiness frontal and side impact tests with anthropomorphic test devices for adult female occupants in all designated rear seating positions. (F) The establishment of a requirement that the use of digital simulation tests shall be validated by matching physical tests with anthropomorphic test devices. (c) Continuous Updates.--Not later than 2 years after the date on which the Secretary carries out the requirements of this section, and not less frequently than once every year thereafter, the Secretary shall-- (1) evaluate new anthropomorphic test devices; and (2) if applicable, issue a new rule that requires the use of new anthropomorphic test devices evaluated under paragraph (1) in the tests described in subsection (b)(2). (d) Missed Deadline; Report Required.--If the Secretary does not issue the final rule required under subsection (b)(1) by the deadline described in that subsection, the Secretary shall, not later than 30 days after the date on which the deadline elapses, and every 30 days thereafter until the date on which the Secretary issue that rule, submit to Congress a report detailing-- (1) the reasons for why the deadline was missed; and (2) the approximate date on which the Secretary will issue that rule. SEC. 3. FEDERAL MOTOR VEHICLE SAFETY STANDARDS UPDATE. (a) In General.--Section 30111 of title 49, United States Code, is amended-- (1) in subsection (a), in the first sentence, by inserting ``(referred to in this section as the `Secretary')'' after ``of Transportation''; and (2) by adding at the end the following: ``(g) Crashworthiness Requirements.--In prescribing motor vehicle safety standards under this section that relate to crashworthiness (as defined in section 32301), the Secretary shall use the tests contained in the rule issued by the Secretary pursuant to section 2(b)(1) of the She DRIVES Act.''. (b) Effective Date.--The amendment made by subsection (a)(2) shall take effect on the date on which the Secretary of Transportation issues the rule required under section 2(b)(1). <all>

usgpo

2024-06-24T00:12:39.307315

BILLS-118s4298is

Esther’s Law

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4298 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4298 To provide that certain water beads products shall be considered banned hazardous products under section 8 of the Consumer Product Safety Act, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 9, 2024 Ms. Baldwin (for herself, Mr. Casey, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To provide that certain water beads products shall be considered banned hazardous products under section 8 of the Consumer Product Safety Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Esther's Law''. SEC. 2. DEFINITIONS. In this Act: (1) Art material or art material product.--The term ``art material or art material product'' has the meaning given such term in section 23(b)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1277(b)(1)) as applied to a child under 14 years of age. (2) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (3) Educational material.--The term ``educational material'' means any substance or product, other than a toy, as defined in paragraph (5), that is designed, intended, or marketed by the producer or repackager as suitable to assist with the cognitive development of a child under 14 years of age. (4) Sensory stimulation material or sensory tool.--The term ``sensory stimulation material or sensory tool'' means a consumer product, as defined in section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), that stimulates the visual or tactile sense of a child under 14 years of age. (5) Toy.--The term ``toy'' has the meaning given such term in section 3.1.92 of ASTM F963-23 (Standard Consumer Safety Specification for Toy Safety), or any successor to such document. (6) Water beads product.--The term ``water beads product'' means a consumer product, whether accessible or not, that-- (A) is composed, in whole or in part, of water- absorbing super absorbent polymers, such as polyacrylamides and polyacrylates; and (B) at the point of sale to a consumer, contains at least 1 individual bead that can-- (i) fit entirely within the cylinder described in section 1501.4 of title 16, Code of Federal Regulations; and (ii) through water absorption, expand-- (I) to a size of at least 3 millimeters (in 1 or more dimensions); or (II) by 50 percent or more in diameter in any dimension from its as- received state. SEC. 3. CERTAIN WATER BEADS PRODUCTS CONSIDERED BANNED HAZARDOUS PRODUCTS. (a) In General.--On and after the date that is 180 days after the date of the enactment of this Act, a water beads product, without regard to the date of manufacture or importation, shall be considered a banned hazardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057). (b) Water Beads Product.--For purposes of subsection (a), the term ``water beads product'' (as defined in section 2) refers to a product that is designed, intended, or marketed as-- (1) a toy; (2) educational material; (3) art material or art material product; or (4) sensory stimulation material or sensory tool. SEC. 4. REGULATION OF WATER BEAD PRODUCTS NOT DESIGNED, INTENDED, OR MARKETED AS TOYS, EDUCATIONAL MATERIALS, ART MATERIALS, OR SENSORY TOOLS. (a) In General.--Not later than 24 months after the date of the enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, promulgate a final consumer product safety standard for water beads products that are not banned under section 3 that-- (1) may contain requirements on the colors of such water beads products, so as to deter use by children; and (2) shall contain warning label requirements-- (A) to be included, as practicable, on the packaging of such products; (B) to be included on any literature distributed with the product, in print or in an online format; and (C) that shall contain language describing the risk of injury and death if used by children or around children, including-- (i) the hazard of ingestion, orally or otherwise; (ii) the need for the consumer to keep the product out of an environment that contains children; and (iii) instructions for the consumer to seek medical care and advice should the consumer suspect ingestion by a child. (b) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), the Commission may initiate rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or any revised standard. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058). (c) Rule of Construction.--Nothing in this section shall be construed as applying to water beads that are used commercially in diapers, personal care products, sanitary products, or agricultural supplies, including fertilizers and agricultural soil conditioners. <all>

usgpo

2024-06-24T00:12:39.375949

BILLS-118s4260is

Warehouse Worker Protection Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4260 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4260 To establish protections for warehouse workers, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 2, 2024 Mr. Markey (for himself, Mr. Casey, Ms. Smith, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To establish protections for warehouse workers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Warehouse Worker Protection Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--WAREHOUSE WORKER PROTECTIONS Sec. 101. Warehouse worker protections. Sec. 102. Referral of complaints. TITLE II--NATIONAL LABOR RELATIONS ACT Sec. 201. Amendments to National Labor Relations Act. Sec. 202. National Labor Relations Board report. TITLE III--OSHA STANDARDS Sec. 301. Standard protecting covered employees from occupational risk factors causing musculoskeletal disorders. Sec. 302. Standard for protecting covered employees from delays in medical treatment referrals following injuries or illnesses. Sec. 303. Correction of serious, willful, or repeated violations pending contest and procedures for a stay. Sec. 304. Definitions. TITLE IV--MISCELLANEOUS PROVISIONS Sec. 401. Severability. Sec. 402. Preemption. Sec. 403. Authorization of appropriations. TITLE I--WAREHOUSE WORKER PROTECTIONS SEC. 101. WAREHOUSE WORKER PROTECTIONS. The Fair Labor Standards Act of 1938 is amended-- (1) by inserting after section 4 (29 U.S.C. 204) the following: ``SEC. 5. ESTABLISHMENT OF FAIRNESS AND TRANSPARENCY OFFICE. ``(a) In General.--There is established in the Wage and Hour Division of the Department of Labor the Fairness and Transparency Office. ``(b) Director of the Fairness and Transparency Office.--The President shall appoint a Director of the Fairness and Transparency Office to head the Fairness and Transparency Office. ``(c) Employees and Advisory Boards of the Office.-- ``(1) In general.--The Director-- ``(A) may select, appoint, and employ, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals directly to positions in the competitive service, as defined in section 2102 of such title, to carry out the duties of the Director under this Act; and ``(B) may fix the compensation of the individuals described in subparagraph (A) without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such individuals may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. ``(2) Fairness and transparency advisory board.-- ``(A) In general.--The Director shall establish a Fairness and Transparency Advisory Board to advise and consult on the exercise of the functions of the Director under this Act. ``(B) Composition.--The Fairness and Transparency Advisory Board established under subparagraph (A) shall be composed of-- ``(i) as the Director determines appropriate, covered employers and covered employees or representatives of covered employers and covered employees; and ``(ii) at least one of each of the following: ``(I) Worker protection experts. ``(II) Civil rights experts. ``(III) Health and safety experts. ``(IV) Workplace technology experts. ``(V) Disability law experts. ``(VI) Representatives of labor organizations. ``(VII) Representatives of worker advocacy organizations. ``(C) Appointments.--The Director shall-- ``(i) appoint members to the advisory board established under subparagraph (A); and ``(ii) ensure a partisan balance in the membership of the advisory board. ``(D) Meetings.--The advisory board established under subparagraph (A) shall meet-- ``(i) at the call of the Director; and ``(ii) not less than 2 times annually. ``(E) Compensation and travel expenses.--A member of the Fairness and Transparency Advisory Board established under subparagraph (A) who is not an officer or employee of the Federal Government shall-- ``(i) be entitled to receive compensation at a rate fixed by the Director while attending meetings of the advisory board, including travel time; and ``(ii) receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(F) Exemption from the federal advisory committee act.--The Fairness and Transparency Advisory Board established under subparagraph (A) shall be exempt from chapter 10 of title 5, United States Code (commonly known as the `Federal Advisory Committee Act'). ``(3) Use of voluntary services.--The Director may, as may from time to time be needed, use any voluntary or uncompensated services. ``(4) Attorneys.--Attorneys appointed under this subsection or the Solicitor of Labor may appear for and represent the Director in any litigation. ``(d) Rulemaking.-- ``(1) In general.--The Secretary, acting through the Director and the Administrator of the Wage and Hour Office, may issue orders and guidance or promulgate regulations as may be necessary or appropriate to enable the Secretary to carry out the purposes and objectives of this section, and to prevent evasions thereof. ``(2) Consultation.--In issuing orders and guidance or promulgating regulations under this subsection, the Secretary, acting through the Director and the Administrator of the Wage and Hour Office, may consult with the Occupational Safety and Health Administration and Federal agencies that have jurisdiction over labor and employment issues, including the Equal Employment Opportunity Commission, the National Labor Relations Board, the National Mediation Board, and the Merit Systems Protection Board.''; (2) by inserting after section 7 (29 U.S.C. 207) the following: ``SEC. 8. WAREHOUSE WORKER PROTECTIONS. ``(a) Definitions.--In this section: ``(1) Adverse employment action.--The term `adverse employment action', with respect to a covered employee, means a change by the covered employer of the covered employee in the compensation, terms, conditions, or privileges of the job of the covered employee that, from the perspective of a reasonable person, puts the covered employee in a materially adverse position than prior to the change, including termination, a reduction in benefits, disciplinary action, demotion, promotion, transfer, imposition of a work schedule more burdensome to the covered employee, reduction of scheduled hours, adjustment in ability for promotion, or other modifications to compensation, terms, conditions, or privileges of employment. ``(2) Aggregated work speed data.--The term `aggregated work speed data' means employee work speed data that a covered employer has combined, or collected together, in a summary or other form so that the employee work speed data cannot, at any point, be identified or linked with any specific covered employee. ``(3) Covered facility.--The term `covered facility' means any warehouse distribution center described in the North American Industry Classification System code-- ``(A) 493, for warehousing and storage; ``(B) 423, for merchant wholesalers, durable goods; ``(C) 424, for merchant wholesalers, nondurable goods; ``(D) 454110, for electronic shopping and mail- order houses; or ``(E) 492110, for couriers and express delivery services. ``(4) Covered employee.--The term `covered employee' means an employee who-- ``(A) is employed by an employer for the performance of work at a covered facility; and ``(B) is subject to a quota while performing work at such covered facility. ``(5) Covered employer.--The term `covered employer' means an employer that-- ``(A) is engaged in commerce, in the production of goods for commerce, or in an enterprise engaged in commerce or in the production of goods for commerce, including such an employer that is a contractor, subcontractor, temporary service firm, staffing agency, independent contractor, employee leasing entity, or similar entity; and ``(B) employs a covered employee for the performance of work at a covered facility. ``(6) Defined time period.--The term `defined time period' means any unit of time measurement equal to or less than one day, including hours, minutes, and seconds and any fraction thereof. ``(7) Designated employee representative.--The term `designated employee representative' means any representative designated by a covered employee, including an employee representative that has a collective bargaining relationship with the covered employer of the covered employee. ``(8) Director.--The term `Director' means the Director of the Fairness and Transparency Office established by section 5. ``(9) Egregious misconduct.--The term `egregious misconduct', with respect to a covered employee, means deliberate or grossly negligent conduct that endangers the safety or well-being of the covered employee, co-workers of the covered employer, customers, or other persons, including discrimination against or harassment of co-workers, customers, or other persons. ``(10) Employee work speed data.--The term `employee work speed data' means information a covered employer collects, stores, analyzes, or interprets relating to the performance of work by a covered employee of the covered employer for a quota, including information with respect to the-- ``(A) quantities of tasks performed by the covered employee; ``(B) quantities of items or materials handled or produced by the covered employee; ``(C) rates or speeds of tasks performed by the covered employee; ``(D) measurements or metrics of covered employee performance in relation to a quota; or ``(E) time categorized with respect to the covered employee as performing tasks or not performing tasks. ``(11) Quota.--The term `quota' means an express or implied performance standard or performance target, including such a standard or target used to rank or compare an employee in relation to the performance of another employee or in relation to the past performance of the employee, under which-- ``(A)(i) an employee is actually or effectively assigned, required, or expected within a defined time period (with or without any reasonable accommodation provided under Federal, State, or local law) to-- ``(I) perform-- ``(aa) a quantified number of tasks; or ``(bb) at a specified productivity speed; or ``(II) handle or produce a quantified amount of material without a certain number of errors or defects; and ``(ii) such assignment, requirement, or expectation is measured at the individual or group level for such defined time period; ``(B) actions by an employee are categorized and measured between time performing tasks and not performing tasks within a defined time period; or ``(C) increments of time of a defined time period during which an employee is or is not doing a particular activity are measured, recorded, or tallied. ``(12) Similarly situated covered employee.--The term `similarly situated covered employee', with respect to a covered employee, means another covered employee who holds the same job or responsibilities as the covered employee. ``(13) Tribal government.--The term `Tribal government' means the recognized governing body of an Indian Tribe. ``(14) Workplace surveillance.--The term `workplace surveillance' means any employer surveillance (on- or off-duty) with respect to an employee, including the detection, monitoring, interception, collection, exploitation, preservation, protection, transmission, or retention of data concerning activities or communications with respect to the employee, including through the use of a product or service marketed, or that can be used, for such purposes, such as a computer, telephone, wire, radio, camera, sensor, electromagnetic, photoelectronic, handheld or wearable device, or photo-optical system. ``(15) Work station.--The term `work station' means the area of a covered facility within which a covered employee is assigned to perform tasks for the longest duration of time during a day. ``(b) Communication With Covered Employees Regarding Quotas and Workplace Surveillance.-- ``(1) In general.--On the later of the date a covered employee is hired by a covered employer or 180 days after the date of enactment of this section, each covered employer shall provide to each covered employee of the covered employer-- ``(A) a written description of each quota to which the covered employee is subject, including-- ``(i) as applicable, the quantified number of tasks to be performed or of materials to be produced or handled, or other performance measure, within the defined time period, for the quota; ``(ii) any potential discipline or adverse employment action that could result from failure to meet the quota; ``(iii) how performance targets or performance standards for the quota are calculated; ``(iv) whether there is any incentive or bonus program associated with meeting or exceeding the quota and, if applicable, how the incentive or bonus program operates; and ``(v) how the quota is monitored, including a description of-- ``(I) what employee work speed data are being collected; ``(II) how the employee work speed data are being collected, including a description of any workplace surveillance technology used on the covered employee by the covered employer; ``(III) where and when the employee work speed data are being collected; ``(IV) the frequency of the collection; ``(V) where the storage of the employee work speed data is located; ``(VI) the business purposes for which the employee work speed data are being used; and ``(VII) as applicable, the identity of any third party-- ``(aa) used for such workplace surveillance; ``(bb) to which data from such workplace surveillance is transferred; and ``(cc) from which data of the covered individual is or may be purchased or acquired; and ``(B) a written description of and training with respect to how the covered employee may file a complaint regarding a violation of this section or a standard promulgated under title III of the Warehouse Worker Protection Act. ``(2) Changes to quota or workplace surveillance.--Each covered employer shall provide to any applicable covered employee an updated written description of any information provided under paragraph (1) not less than 2 business days before any changes with respect to such information are made. ``(3) Requirements for taking an adverse employment action on quota compliance.-- ``(A) In general.--A covered employer that takes an adverse employment action against a covered employee for work performance that does not meet requirements with respect to a quota shall provide-- ``(i) a written explanation to the covered employee regarding the manner in which the covered employee failed to perform, including a description of the applicable quota and a comparison of such work performance to such quota; and ``(ii) if the adverse employment action was based on employee work speed data, a copy of the employee work speed data in a human- readable format that a reasonable individual can understand. ``(B) Notice for actions unrelated to quota.--A covered employer that, with respect to any covered employee who is subject to a quota, takes an adverse employment action against such covered employee for any reason that is unrelated to compliance with the quota shall provide to such covered employee a written confirmation that such action was unrelated to compliance with the quota. ``(4) Termination.-- ``(A) In general.--Except as provided in clause (ii), a covered employer that seeks to terminate a covered employee shall, regardless of whether the termination relates to work performance with respect to a quota, provide to the covered employee a written notice of the intent to terminate the covered employee. ``(B) Egregious misconduct.--Notwithstanding subparagraph (A), a covered employer may terminate a covered employee without providing such written notice if the covered employee engaged in egregious misconduct. ``(5) Descriptions.--Each covered employer shall-- ``(A) provide any written description, notice, explanation, or confirmation described in paragraph (1), (2), (3), or (4) to a covered employee-- ``(i) through a human representative of the covered employer at the work station of the covered employee; and ``(ii) in a manner required by the Director that-- ``(I) is accessible; ``(II) allows the covered employee to transport the data in the description, notice, explanation, or confirmation without hindrance; ``(III) is in plain language; and ``(IV) is in the primary language of the covered employee; and ``(B) make such description, notice, explanation, or confirmation available to the covered employee electronically. ``(c) Protection From Quotas.-- ``(1) Prohibited quotas.--A covered employer may not require any quota for a covered employee that would-- ``(A) prevent-- ``(i) compliance with any required meal or rest period or any other break required by Federal, State, or local law; ``(ii) compliance with health and safety provisions required by Federal, State, or local law; ``(iii) the use by the covered employee of bathroom facilities, including reasonable travel time to and from bathroom facilities that takes into account the architecture of the covered facility; or ``(iv) compliance with a covered employee's right to reasonable accommodations or nondiscrimination as required by Federal, State, or local law; ``(B) set a performance target or performance standard that measures total output for the covered employee over an increment of time that is shorter than one day; ``(C) measure and evaluate the output or performance of a covered employee during any paid or unpaid break to which the covered employee is entitled under applicable law, contract, or industry standard, including breaks to use bathroom facilities and reasonable travel time to and from bathroom facilities; ``(D) prevent or discourage the covered employee from exercising any right under the National Labor Relations Act (29 U.S.C. 151 et seq.) or any other Federal law; ``(E) prevent or discourage the covered employee from exercising any right guaranteed in an applicable collective bargaining agreement; or ``(F) violate the generally accepted principles of work measurement as set forth in the Code of Work Measurement Ethics of the American Institute of Industrial Engineers and recognized by the Secretary. ``(2) Adverse employment action.--A covered employer may not take adverse employment action against a covered employee for failure to meet a quota that-- ``(A) violates paragraph (1); ``(B) was not described to the covered employee in accordance with subsection (b); ``(C) is based solely on ranking the performance of the covered employee in relation to the performance of another covered employee or in relation to the past performance of that covered employee; or ``(D) is based on continuously measuring, recording, or tallying increments of time within a defined time period during which a covered employee is or is not doing a particular activity. ``(d) Minimization.-- ``(1) Collection.--In establishing, maintaining, or using employee work speed data with respect to a quota for a covered employee, a covered employer may not collect, use, maintain, or transfer data on or of the covered employee except as strictly necessary to monitor the compliance of the covered employee with the quota. ``(2) Employee access.--In establishing, maintaining, or using employee work speed data with respect to a quota for a covered employee, a covered employer may not disclose any information collected on a covered employee with respect to the quota to any other covered employee of the covered employer except as strictly necessary to fulfill a specific and reasonable business rationale of the covered employer. ``(e) Recordkeeping.-- ``(1) In general.--Each covered employer shall-- ``(A) maintain contemporaneous records, with respect to each covered employee of the covered employer, of-- ``(i) the employee work speed data of each such covered employee; ``(ii) the aggregated work speed data for similarly situated covered employees at the same place where each such covered employee performs work for the covered employer; and ``(iii) the written descriptions of the quota of each such covered employee provided under subsection (b)(1); ``(B) maintain such records for the duration of the employment of each relevant covered employee; and ``(C) make such records available to the Secretary upon request. ``(2) Supplementation and dispute of records.-- ``(A) Supplementation of records.--Each covered employer shall enable a covered employee, upon request of the covered employee at or after the time of any employee work speed data collection with respect to the covered employee, to supplement the employee work speed data by recording any reason the covered employee provides for any defined time period during which the covered employee was not performing work-related tasks, including because the covered employee was taking a paid or unpaid break, using a bathroom facility (including reasonable travel to and from the facility), reporting an injury or receiving attention due to an injury, exercising a right guaranteed under the National Labor Relations Act (29 U.S.C. 151 et seq.) or another Federal law, or exercising a right guaranteed under an applicable covered bargaining agreement. ``(B) Dispute process.-- ``(i) In general.--Each covered employer shall enable a covered employee, upon request of the covered employee at or after the time of any data collection with respect to the covered employee, to review and request correction of the employee work speed data in accordance with clause (ii). ``(ii) Correction of employee work speed data.--A covered employer that receives a request by a covered employee under clause (i) shall-- ``(I) investigate and determine whether the employee work speed data is inaccurate; and ``(II) if determined to be inaccurate-- ``(aa) promptly correct the inaccurate data and notify the covered employee of the covered employer's determination and correction; and ``(bb) review and adjust, as appropriate, any adverse employment action that was, partially or solely, based on the inaccurate data and notify the covered employee of the adjustment. ``(3) Retention of records.-- ``(A) In general.--After the termination of employment of a covered employee of a covered employer, the covered employer shall-- ``(i) for not less than 3 years after the date of such termination, retain the records described in paragraph (1) with respect to the 6-month period prior to such date; and ``(ii) make such records available to the Secretary upon request. ``(4) Rule of construction.--Nothing in this subsection shall require a covered employer to keep records described in paragraph (1) with respect to employee work speed data if such covered employer does not otherwise monitor employee work speed data. ``(f) Right to Request.-- ``(1) In general.--A covered employer shall, upon receiving a request under paragraph (2) or (3), provide the relevant copies described in such paragraphs to, as the case may be, the covered employee, designated employee representative, or individual who was a covered employee-- ``(A) except as provided in subparagraph (B)(ii), at no cost to the covered employee, designated employee representative, or individual who was a covered employee; ``(B) with respect to-- ``(i) a covered employee, by a human representative of the covered employer; or ``(ii) a designated employee representative or an individual who was a covered employee, by a human representative of the covered employer or through the mail (at the cost of the designated employee representative or individual, respectively); and ``(C) as soon as practicable but not later than-- ``(i) 7 business days after receipt of a request for such copies with respect to employee work speed data or aggregate work speed data; or ``(ii) 2 business days after receipt of a request for any other copy. ``(2) Requests during employment.--A covered employee, or a designated employee representative of such covered employee at the request of the covered employee, may request from the covered employer of the covered employee a copy of the written description described under subsection (b), a copy of the employee work speed data (in a human-readable format that a reasonable individual can understand) of the covered employee for the preceding 6-month period, and a copy of the aggregated work speed data (in a human-readable format that a reasonable individual can understand) for similarly situated covered employees at the same place where the covered employee performs work for the covered employer for the preceding 6-month period. ``(3) Requests after employment termination.--An individual who was a covered employee with respect to a covered employer, or a designated employee representative with respect to such an individual, may, not later than 3 years after the date of termination of employment of the covered employee with the covered employer, request from the covered employer a copy of-- ``(A) the written description described under subsection (b) effective on the date of termination of the covered employee; ``(B) the employee work speed data (in a human- readable format that a reasonable individual can understand) of the covered employee for the 6-month period prior to such date of termination; and ``(C) the aggregated work speed data (in a human- readable format that a reasonable individual can understand) for similarly situated covered employees at the same place where the covered employee performs work for the covered employer for such 6-month period. ``(4) Rule of construction.--Nothing in this subsection shall require a covered employer to-- ``(A) monitor employee work speed data; or ``(B) provide information related to employee work speed data if the covered employer does not otherwise monitor such employee work speed data. ``(g) Posting of Notices.-- ``(1) In general.--Each covered employer shall post, in a conspicuous and accessible location, a notice in the covered facility of the covered employer regarding the rights of covered employees under this section, including what constitutes a permissible quota, the right to request quota descriptions and employee speed data information, and the right to make a complaint to Federal authorities regarding a violation of any right under this section. ``(2) Requirements for notices.--Each notice described in paragraph (1) shall be in a manner required by the Director that-- ``(A) is in plain language; and ``(B) is in English, Spanish, and any other language that constitutes the primary language of any covered employee at the covered facility. ``(h) Breaks for Covered Employees.-- ``(1) In general.--Each covered employer shall-- ``(A) with respect to each covered employee of such covered employer-- ``(i) provide, for every 4 hours of work by such a covered employee, to the covered employee not less than one 15-minute rest break paid at the regular rate at which the covered employee is employed; and ``(ii) provide, at the time the covered employer hires such a covered employee, notice to the covered employee, in plain language and the primary language of the covered employee, that-- ``(I) the covered employee is entitled to the paid rest breaks described in clause (i); ``(II) retaliation by the covered employer against the covered employee for requesting or taking such paid rest breaks is prohibited; and ``(III) the covered employee, or a designated employee representative of the covered employee, has a right to file a complaint with the Secretary for any violation by the covered employer of this subsection; and ``(B) display, in a conspicuous and accessible location, a sign at each covered facility of the covered employer that includes, in English, Spanish, and any other language that constitutes the primary language of any covered employee at the covered facility, the information in the notice described in subparagraph (A)(ii). ``(2) Notice.--Not later than 180 days after the date of enactment of this section, the Secretary shall issue regulations with respect to the design and content of the sign described in paragraph (1)(B), including a sample design. ``(3) Interaction with other laws.--Nothing in this subsection shall be construed to supersede or preempt any Federal, State, or local law or collective bargaining agreement requiring longer paid rest breaks than those required under paragraph (1)(A)(i). ``(i) Unlawful Retaliation.-- ``(1) In general.--A person, including a covered employer, an agent of a covered employer, or person acting as or on behalf of a covered employer conducting hiring or any related activity, or an officer or agent of any entity, business, corporation, partnership, or limited liability company, may not-- ``(A) discharge or in any way retaliate, discriminate, or take any adverse employment action against any individual for exercising any right conferred under this section, or for being perceived as exercising such a right, including for-- ``(i) requesting copies under subsection (f); ``(ii) filing a complaint under subparagraph (A) of section 16(f) regarding a violation of this section or designating a representative in accordance with subparagraph (B) of such section to file such a complaint; or ``(iii) commencing a proceeding under section 16(b) for a violation of this section; or ``(B) otherwise prevent an individual for exercising such a right or take any action against an individual that might deter a reasonable employee from asserting a right conferred under this section. ``(2) Protections for good faith allegations.--The protections under paragraph (1) shall apply to any individual who mistakenly, but in good faith, alleges a violation of a requirement of this section. ``(3) Explicit reference not required.--A complaint or other communication by an individual, including a covered employee, may be the exercise of a right for purposes of paragraph (1) regardless of whether the complaint or communication is in writing or makes explicit reference to this Act. ``(4) Rebuttable presumption.--If a person takes adverse action against a covered employee within 90 days of the covered employee engaging, or attempting to engage in, activities protected by paragraph (1), such conduct shall establish a rebuttable presumption that the adverse action is an adverse action in violation of such paragraph. Such presumption may be rebutted by clear and convincing evidence that-- ``(A) the action was taken for other permissible reasons; and ``(B) the engaging or attempting to engage in activities protected by paragraph (1) was not a motivating factor in the adverse action. ``(j) Quota Task Force.--Not later than 90 days after the date of the enactment of this section, the Director shall convene a task force with labor organizations, worker advocacy organizations, and covered employees to develop strategies for labor organizations and worker advocacy organizations to-- ``(1) assist in the enforcement of this section; ``(2) train covered employees with respect to new rights provided through this section; and ``(3) provide the Director with recommendations on the implementation of regulations related to this section.''; (3) in section 9 (29 U.S.C. 208), by striking ``and investigation'' and inserting ``, investigation, or inspection''; (4) by repealing section 10 (29 U.S.C. 210); (5) in section 11 (29 U.S.C. 211), by adding at the end the following: ``(e)(1) The Secretary, acting through the Director of the Fairness and Transparency Division, shall, as provided in subsection (a) and paragraph (2), investigate violations of section 8, including any violations of any regulation or order issued with respect to that section. ``(2) In addition to powers otherwise provided to the Secretary under subsection (a), the Secretary, in investigating violations of section 8, may upon presenting appropriate credentials to the owner, operator, or agent in charge-- ``(A) enter without delay and at reasonable times any covered facility of a covered employer; and ``(B) inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such covered facility and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such covered employer, owner, operator, agent, or covered employee. ``(3)(A) In conducting an inspection during an investigation into a violation of section 8, the Secretary shall permit, at the request of a covered employee, a representative of a labor organization or a worker advocacy organization, or another designee of the covered employee, to accompany any inspectors during such inspection. ``(B) A covered employee may, regardless of the relationship between the covered employee and the labor organization, worker advocacy organization, or other designee, anonymously request to the Secretary that the Secretary permit a representative of such labor organization, worker advocacy organization, or other designee accompany inspectors during an inspection in accordance with paragraph (1). ``(f)(1) Not later than 30 days after an event described in paragraph (2), the Secretary shall open an investigation under this section (that includes an on-site inspection) into any covered employer to determine if such covered employer is violating section 8. ``(2) An event described in this paragraph is, with respect to a covered employer, either of the following: ``(A) The Secretary determines that the covered employer-- ``(i) has an annual total of employee work hours that is not less than 40,000 hours; and ``(ii) has an annual employee injury rate, overall or at a worksite, that is not less than 1.5 times the warehousing industry's average annual injury rate, as determined by the Bureau of Labor Statistics in the most recent (as of such determination) publication regarding fatal and nonfatal occupational injuries and illnesses data. ``(B) The Secretary receives, during any one-year period, not less than-- ``(i) 5 credible complaints from covered employees of the covered employer, individuals who were covered employees of the covered employer, or designated representatives of such covered employees or individuals, about violations under section 8 at a worksite; or ``(ii) 10 credible complaints from covered employees of the covered employer, individuals who were covered employees of the covered employer, or designated representatives of such covered employees or individuals, about such violations at multiple worksites operated by the covered employer. ``(3) In conducting an investigation under paragraph (1), the Secretary shall select representatives of a labor organization or a worker advocacy organization who have specific knowledge of the relevant industry to conduct outreach to workers with respect to such investigation and aid and accompany investigators in such investigation. ``(g) For purposes of subsections (e) and (f), the terms `covered employee', `covered employer', and `covered facility' have the meanings given such terms in section 8(a).''; (6) in section 15(a) (29 U.S.C. 215(a))-- (A) in paragraph (5), by striking ``; and'' and inserting a semicolon; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) to violate any of the provisions of section 8.''; and (7) in section 16 (29 U.S.C. 216)-- (A) in subsection (b)-- (i) by striking ``15(a)(3)'' each place it appears and inserting ``8, 15(a)(3),''; (ii) in the second sentence, by inserting ``and, in the case of a violation of section 8, of an amount for the direct or foreseeable pecuniary harms resulting from the violation and an amount equal to $10,000 per violation of subsection (b), (d), (e), (f), or (g) of such section or an amount equal to $25,000 per violation of subsection (c), (h), or (i) of such section'' before the period at the end of the sentence; and (iii) in the fifth sentence, by striking ``No'' and inserting ``Except with respect to an action brought regarding a violation of section 8, no''; and (B) in subsection (e)-- (i) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (ii) by inserting after paragraph (2), the following: ``(3) Any person who violates section 8 shall be subject to a civil penalty-- ``(A) in an amount not more than $76,987 per violation; or ``(B) for repeat or willful violations, in an amount not more than $769,870 per violation.''; and (iii) in paragraph (4)(C), as so redesignated, by striking ``section 15(a)(4)'' and inserting ``paragraph (4) or (7) of section 15(a)''; and (C) by adding at the end the following: ``(f) Administrative Complaints Regarding Warehouse Worker Protections.-- ``(1) In general.--A covered employee or an individual who was a covered employee may-- ``(A) file a complaint of a violation of section 8 with the Secretary; and ``(B) designate a representative of a labor organization or worker advocacy organization, regardless of the relationship between the covered employee or individual and the labor organization or worker advocacy organization, to-- ``(i) file the complaint on behalf of the covered employee or individual; or ``(ii) represent the covered employee or individual for purposes of engagement with the Secretary regarding such complaint, including being present at employee interviews and participating in workplace inspections, conferences, and settlement negotiations. ``(2) Definition of covered employee.--For purposes of paragraph (1), the term `covered employee' has the meaning given such term in section 8(a). ``(g) Exemption From the Federal Arbitration Act Regarding Warehouse Worker Protections.-- ``(1) In general.--Notwithstanding chapter 1 of title 9, United States Code (commonly known as the `Federal Arbitration Act'), no predispute arbitration agreement or predispute joint- action waiver (as those terms are defined in section 401 of title 9, United States Code) shall be valid or enforceable with respect to claims arising under this Act for violations of section 8. ``(2) Arbitration pursuant to a collective bargaining agreement.--Nothing in this subsection shall limit the enforceability of any arbitration provision in a collective bargaining agreement between a covered employer (as defined in section 8(a)) and a labor organization. ``(h) Exception From Class Action Prerequisites for Actions Regarding Warehouse Worker Protections.--An employee who brings an action for a violation of section 8 on behalf of employees similarly situated shall be considered to have satisfied paragraphs (1) through (4) of rule 23(a) of the Federal Rules of Civil Procedure for purposes of such an action.''. SEC. 102. REFERRAL OF COMPLAINTS. (a) Memorandum of Understanding.--The Director of the Fairness and Transparency Office established by section 5 of the Fair Labor Standards Act of 1938 (as added by section 101) and the Administrator of the Wage and Hour Office of the Department of Labor shall jointly enter into a memorandum of understanding with the Assistant Secretary of Labor for Occupational Safety and Health to encourage efficient enforcement of relevant labor laws, including through information sharing, referral of complaints, and cross-training of inspectors and investigators. The memorandum of understanding shall encourage coordination of enforcement activity in States enforcing relevant labor law under a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667). (b) Referral of Complaints and Cross-Training.--The Director of the Fairness and Transparency Office shall, to the greatest extent possible-- (1) encourage the referral of relevant complaints from and to the Equal Employment Opportunity Commission, the National Institute for Occupational Safety and Health, the Environmental Protection Agency, the National Labor Relations Board, and other Federal and State agencies that may conduct inspections related to occupational health and safety in covered facilities (as defined in section 8(a) of the Fair Labor Standards Act of 1938); and (2) promote cross-training of inspectors and investigators in the Equal Employment Opportunity Commission, National Institute for Occupational Safety and Health, Environmental Protection Agency, and such other Federal and State agencies for inspections related to working conditions in such covered facilities. TITLE II--NATIONAL LABOR RELATIONS ACT SEC. 201. AMENDMENTS TO NATIONAL LABOR RELATIONS ACT. (a) In General.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158) is amended-- (1) in paragraph (5) by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following: ``(6) to impose on an employee a quota that significantly discourages or prevents, or is intended to significantly discourage or prevent, an employee from exercising the rights guaranteed in section 7.''. (b) Presumption of Retaliation.--Section 8 of the such Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Presumption of Retaliation Related to a Quota.--Any action to impose a quota on an employee that is taken against the employee within 90 days of an employee exercising the rights guaranteed in section 7 shall establish a rebuttable presumption that the action is discrimination against the employee in violation of subsection (a)(6).''. (c) Definitions.--Section 2 such Act (29 U.S.C. 152) is amended by adding at the end the following: ``(15) Quota.-- ``(A) In general.--The term `quota' means a performance standard or performance target, including such a standard or target used to rank an employee in relation to the performance of another employee or in relation to the past performance of the employee, under which-- ``(i)(I) an employee is actually or effectively assigned, required, or expected within a defined time period (with or without any reasonable accommodation provided under Federal, State, or local law) to-- ``(aa) perform-- ``(AA) a quantified number of tasks; or ``(BB) at a specified productivity speed; or ``(bb) handle or produce a quantified amount of material without a certain number of errors or defects; and ``(II) such assignment, requirement, or expectation is measured at the individual or group level for such defined time period; ``(ii) actions by an employee are categorized and measured between time performing tasks and not performing tasks within a defined time period; or ``(iii) increments of time of a defined time period during which an employee is or is not doing a particular activity are measured, recorded, or tallied. ``(B) Defined time period.--For purposes of subparagraph (A), the term `defined time period' means any unit of time measurement equal to or less than one day, including hours, minutes, and seconds and any fraction thereof.''. SEC. 202. NATIONAL LABOR RELATIONS BOARD REPORT. The National Labor Relations Board shall-- (1) examine cases in which a quota (as such term is defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)) was used as a reason to deny a worker rights under the National Labor Relations Act; and (2) as often as practicable, submit a report on such cases to-- (A) the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Education and the Workforce of the House of Representatives. TITLE III--OSHA STANDARDS SEC. 301. STANDARD PROTECTING COVERED EMPLOYEES FROM OCCUPATIONAL RISK FACTORS CAUSING MUSCULOSKELETAL DISORDERS. (a) Proposed Standard.--Not later than 3 years after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in the Federal Register a proposed standard for ergonomic program management for covered employers with respect to covered employees, including requirements for-- (1) hazard identification and ergonomic job evaluations for covered employees, including requirements for covered employee and designated employee representative participation in such identification with the aim of maximizing such participation; (2) hazard control at covered facilities, which may rely on the principles of the hierarchy of controls and which may include measures such as equipment and workstation redesign, work pace reductions, or job rotation to less forceful or repetitive jobs; (3) training for covered employees regarding covered employer activities, occupational risk factors, and training on controls and recognition of symptoms of musculoskeletal disorders; and (4) medical management for covered employees that includes-- (A) encouraging early reporting of musculoskeletal disorder symptoms; (B) first aid delivered by those operating under State licensing requirements; and (C) systematic evaluation and early referral for medical attention. (b) Final Standard.--Not later than 4 years after the date of enactment this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in the Federal Register a final standard based on the proposed standard under subsection (a). SEC. 302. STANDARD FOR PROTECTING COVERED EMPLOYEES FROM DELAYS IN MEDICAL TREATMENT REFERRALS FOLLOWING INJURIES OR ILLNESSES. (a) Proposed Standard.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in the Federal Register a proposed standard requiring that-- (1) all covered employers have a person readily available at the covered facility of the covered employer who is adequately trained to render first aid and ensure that such person provides first aid to any injured or ill covered employee and, without delay, refers any such covered employee who reports an injury or illness that requires further medical treatment to an appropriate medical professional for such treatment; and (2) all covered employers provide to the covered employees of the covered employer occupational medicine consultation services through a physician who is board certified in occupational medicine, which services shall include-- (A) regular review of any health and safety program, medical management program, or ergonomics program of the covered employer; (B) review of any work-related injury or illness of a covered employee; (C) providing onsite health services for treatment of such injury or illness; and (D) consultation referral to a local health care provider for treating such injury or illness. (b) Final Standard.--Not later than 3 years after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in the Federal Register a final standard based on the proposed standard under subsection (a). SEC. 303. CORRECTION OF SERIOUS, WILLFUL, OR REPEATED VIOLATIONS PENDING CONTEST AND PROCEDURES FOR A STAY. (a) In General.--Section 10 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 659) is amended by adding at the end the following: ``(d) Correction of Serious, Willful, or Repeated Violations Pending Contest and Procedures for a Stay.-- ``(1) Period permitted for correction of serious, willful, or repeated violations.--For each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation. ``(2) Filing of a motion of contest.--The filing of a notice of contest by an employer shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated. ``(3) Criteria and rules of procedure for stays.-- ``(A) Motion for a stay.--An employer that receives a citation alleging a violation designated as serious, willful, or repeated and that files a notice of contest to the citation asserting that the time set for abatement of the alleged violation is unreasonable or challenging the existence of the alleged violation may file with the Commission a motion to stay the period for the abatement of the violation. ``(B) Criteria.--In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission may grant a stay only if the employer has demonstrated-- ``(i) a substantial likelihood of success on the areas contested under subparagraph (A); and ``(ii) that a stay will not adversely affect the health and safety of employees. ``(C) Rules of procedure.--The Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph (A) on an expedited basis. At a minimum, such rules shall provide the following: ``(i) That a hearing before an administrative law judge shall occur not later than 15 days following the filing of the motion for a stay (unless extended at the request of the employer), and shall provide for a decision on the motion not later than 15 days following the hearing (unless extended at the request of the employer). ``(ii) That a decision of an administrative law judge on a motion for stay is rendered on a timely basis. ``(iii) That if a party is aggrieved by a decision issued by an administrative law judge regarding the stay, such party has the right to file an objection with the Commission not later than 5 days after receipt of the administrative law judge's decision. Within 10 days after receipt of the objection, a Commissioner, if a quorum is seated pursuant to section 12(f), shall decide whether to grant review of the objection. If, within 10 days after receipt of the objection, no decision is made on whether to review the decision of the administrative law judge, the Commission declines to review such decision, or no quorum is seated, the decision of the administrative law judge shall become a final order of the Commission. If the Commission grants review of the objection, the Commission shall issue a decision regarding the stay not later than 30 days after receipt of the objection. If the Commission fails to issue such decision within 30 days, the decision of the administrative law judge shall become a final order of the Commission. ``(iv) For notification to employees or representatives of affected employees of requests for such hearings, and to provide an opportunity for affected employees or representatives of affected employees to participate as parties to such hearings.''. (b) Conforming Amendments.-- (1) In general.--The Occupational Safety and Health Act of 1970 is amended-- (A) in the first sentence of section 10(b) (29 U.S.C. 659(b)), by inserting ``, with the exception of violations designated as serious, willful, or repeated,'' after ``(which period shall not begin to run''; and (B) in section 17 (29 U.S.C. 666) by striking subsection (d) and inserting the following: ``(d) Any employer who fails to correct a violation designated by the Secretary as serious, willful, or repeated and for which a citation has been issued under section 9(a) within the period permitted for its correction (and a stay has not been issued by the Commission under section 10(d)) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. Any employer who fails to correct any other violation for which a citation has been issued under section 9(a) of this title within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceeding under section 10 initiated by the employer in good faith and not solely for delay of avoidance of penalties) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues.''. (2) Adjustment under the federal civil penalties inflation adjustment act of 1990.-- (A) Catch-up.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall adjust the maximum amounts described in subsection (d) of section 17 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666), as amended by paragraph (1)(B), so that each such amount equals the maximum amount of the civil penalty under such subsection (as in effect on the day before such date of enactment) as adjusted by section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note). (B) Subsequent adjustments.--Subparagraph (A) and the amendment made by this paragraph (1)(B) shall not be construed to affect the application of the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) to the civil penalty amount under section 17(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666) for any adjustment under section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) after the catch-up adjustment made by the Secretary of Labor under subparagraph (A). SEC. 304. DEFINITIONS. For purposes of sections 301 and 302, the terms ``covered employee'', ``covered employer'', ``covered facility'', and ``designated employee representative'' have the meanings given such terms in section 8(a) of the Fair Labor Standards Act of 1938 (as added by section 101). TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. SEVERABILITY. If any provision of this Act (including an amendment made by this Act) or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act (including the amendments made by this Act), or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. SEC. 402. PREEMPTION. (a) Interaction With Other Laws.--Nothing in this Act (including the amendments made by this Act) or the regulations promulgated under this Act shall be construed to supersede or preempt any law or ordinance of a State, or political subdivision of a State, that requires limitations on any quota for a covered employee of a covered employer that are comparable to or greater than the protections provided in this Act. (b) Collective Bargaining Agreements.--Nothing in this Act (including the amendments made by this Act) or the regulations promulgated under this Act shall be construed to supersede or preempt employment terms or conditions agreed upon in collective bargaining agreements that are more beneficial to a covered employee. (c) OSHA.--No action by the Director under this Act (including the amendments made by this Act) shall be construed as an exercise of statutory authority within the meaning of section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)). (d) Definitions.--For purposes of this section, the terms ``Director'', ``covered employee'', ``covered employer'', ``designated employee representative'', and ``quota'' have the meanings given such terms in section 8(a) of the Fair Labor Standards Act of 1938 (as added by section 101). SEC. 403. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2025 through 2035. <all>

usgpo

2024-06-24T00:12:39.432947

BILLS-118s4283is

Alternatives to Guardianship Education Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4283 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4283 To establish grants to provide education on guardianship alternatives for older adults and people with disabilities to health care workers, educators, family members, and court workers and court-related personnel. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Casey (for himself, Ms. Klobuchar, Ms. Duckworth, Mr. Merkley, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To establish grants to provide education on guardianship alternatives for older adults and people with disabilities to health care workers, educators, family members, and court workers and court-related personnel. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternatives to Guardianship Education Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Guardianship, although at times necessary, can negatively affect the person under guardianship by reducing or eliminating their self-determination and autonomy. (2) Although State courts and State laws attempt to provide some procedures to appoint trustworthy guardians, incidents of physical, financial, emotional, psychological, and other types of abuse have occurred to people under guardianship arrangements. (3) Once guardianship arrangements are in place, restoration of rights rarely occurs. (4) Less restrictive options to guardianship, such as supported decisionmaking and advance directives, offer ways to help people make decisions without losing their independence. (5) Awareness of guardianship alternatives by personnel that interact with individuals facing guardianship determinations, including health care workers, educators, family members, and court workers and court-related personnel, may help reduce unnecessary guardianship arrangements and preserve decisionmaking rights. (6) Families and disability support personnel have reported that they have limited awareness of guardianship alternatives. (b) Purpose.--The purpose of this Act is to improve the awareness of guardianship alternatives, for health care workers, educators, family members, and court workers and court-related personnel, through education programs. SEC. 3. DEFINITIONS. In this Act: (1) Aging agency.--The term ``aging agency'' means an organization that represents older adults, and that may have experience in serving family members of such adults. (2) Disability.--The term ``disability'' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (3) Disability agency.--The term ``disability agency'' means an organization serving people with disabilities that-- (A) is operated by a board, on which-- (i) a majority of the members are people with disabilities or their family members; and (ii) the number of members on the board who are people with disabilities is greater than the number of members on the board who are family members; (B) has an advisory panel or council, on which-- (i) a majority of the members are people with disabilities or their family members; and (ii) the number of members on the board who are people with disabilities is greater than the number of members on the board who are family members; or (C) has employees, a majority of whom are people with disabilities. (4) Guardianship.--The term ``guardianship'' means-- (A) a protective arrangement resulting from the process by which a State court determines that an adult individual lacks capacity to make decisions about self- care, finances, property, or personal affairs, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker; (B) a protective arrangement in which the court- appointed surrogate decisionmaker carries out duties to the individual and the court; or (C) a protective arrangement in which the court exercises oversight of the surrogate decisionmaker. (5) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (6) Legal services agency.--The term ``legal services agency'' means a public or nonprofit organization that has experience providing legal services to low-income older adults or adults with disabilities. (7) Older adult.--The term ``older adult'' has the meaning given the term ``older individual'' as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. (9) State.--The term ``State'' means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Marianas. TITLE I--GUARDIANSHIP ALTERNATIVES EDUCATION FOR HEALTH CARE WORKERS SEC. 101. DEFINITIONS. In this title: (1) Eligible entity.--The term ``eligible entity'' means a partnership (established by a disability agency, legal services agency, or aging agency)-- (A) that includes-- (i) that disability agency, legal services agency, or aging agency; and (ii) at least one health care entity, department of such an entity, or specialty office of such an entity, that has frequent contact with people with disabilities or older adults, including-- (I) a primary care clinic, including a Federally qualified health center or rural health clinic (as such terms are defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (II) an emergency department; (III) a long-term care provider; (IV) a pediatric office; (V) a rehabilitation center; (VI) a geriatrician office; (VII) a neurology office; or (VIII) an entity providing a training program for health care workers in any specialty listed in this subparagraph; and (B) for which the establishing agency has memorialized the establishment, membership, and functions of the partnership in the form of a letter of support, memorandum of understanding, or similar document. (2) Health care workers.--The term ``health care workers'' means staff with direct contact with patients in health care settings, including physicians, advanced practice providers, nurses, medical assistants, social workers, health care administrators, dentists, dental hygiene professionals, receptionists, and mental health professionals. SEC. 102. GRANT PROGRAM. (a) In General.--The Secretary shall make grants, on a competitive basis, to eligible entities in States, and to eligible entities that serve Indian Tribes, to enable the recipients to carry out guardianship alternatives education programs for health care workers. (b) Term.--The Secretary may make such a grant for a first term of 3 years. An eligible entity may seek renewal of, and the Secretary may make, such a grant for a second term of 3 years, in order to expand service delivery of the education program to health care workers. SEC. 103. APPLICATIONS. To be eligible to receive a grant under this title, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information identifying the target population to receive instruction, and a projected number of participants in and graduates of the education program to be carried out under the grant; (2) a needs assessment, identifying the need for guardianship alternatives education for the target population proposed; (3) information identifying who will facilitate the related instruction; (4) a description of how the entity will conduct outreach to health care workers for the education program; (5) a description of learning objectives for the education program; (6) a description of activities to be carried out under the grant; (7) an evaluation plan for the education program; (8) a timeline for establishing and carrying out the education program; (9) information that demonstrates the instructors' knowledge of guardianship alternatives and experience in conducting education and training programs for the public; (10) information describing the format for the instruction, which may be in-person, online, or hybrid, and how the instruction and related materials will be accessible by all participants; and (11) a description of how the entity will, to the best of its ability, ensure the education program reaches populations from diverse backgrounds and communities and underserved demographic populations (such as an underserved race, ethnicity, gender, gender identity, sexual orientation, age, or type of disability). SEC. 104. USE OF FUNDS. (a) Required Uses.--An eligible entity that receives a grant under this title shall use the grant funds for-- (1) implementing an education program to enhance the awareness of alternatives to guardianship for health care workers; and (2) ensuring that the guardianship alternatives education program-- (A) discusses the background of guardianship, the possible consequences of unnecessary guardianship, and the need for guardianship alternatives; (B) covers the various guardianship alternatives available in the State or States involved; (C) includes a curriculum tailored to the needs of the target population; (D) includes, to the best of its ability, instructors with a diverse range of disabilities as instructors or speakers; (E) provides the instruction and related materials for the education program in accessible formats; and (F) includes, to the best of its ability, methods to reach populations from diverse backgrounds and communities and underserved demographic populations (such as an underserved race, ethnicity, gender, gender identity, sexual orientation, age, or type of disability). (b) Allowable Uses.--The eligible entity may use the grant funds for-- (1) recruiting individuals to receive guardianship alternatives education; (2) modifying a curriculum for the education program; (3) creating accessible materials for the education program, such as materials with Communication Access Realtime Translation, with American Sign Language, in Braille, in plain language, and in other appropriate formats; (4) transporting individuals enrolled in the education program to and from the instructional sessions; (5) providing child care during the instructional sessions for people in attendance; (6) conducting website management for the education program; (7) translating recruitment and instructional materials for the education program; (8) providing payment for venue for in-person instruction; (9) providing payment for costs of arranging for professional continuing education credits; (10) providing reasonable food and beverages for in-person instruction; (11) expanding or adapting an existing (as of the date of submission of the application for the grant) guardianship alternatives education program; or (12) providing payment for instructors (including guest instructors) and speakers. TITLE II--GUARDIANSHIP ALTERNATIVES EDUCATION FOR EDUCATORS SEC. 201. DEFINITIONS. In this title: (1) Educators.--The term ``educators'' means teachers and other staff (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), in a public or private elementary school or secondary school, that have contact with students with disabilities and their caregivers, including-- (A) teachers; (B) special education teachers; (C) special education directors; (D) transition coordinators; (E) State qualified vocational rehabilitation counselors, as defined in section 100(a)(3)(E) of the Rehabilitation Act of 1973 (29 U.S.C. 720(a)(3)(E)); (F) any person providing pre-employment transition services, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705); (G) paraprofessionals; (H) school social workers; (I) school psychologists; (J) school counselors; (K) educational diagnosticians; (L) specialized instructional support personnel, as defined in that section 8101; and (M) staff of a training program for an occupation described in any of subparagraphs (A) through (L). (2) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Eligible entity.--The term ``eligible entity'' means a partnership (established by a disability agency or legal services agency)-- (A) that includes-- (i) that disability agency or legal services agency; and (ii) a local educational agency, or a public or private elementary school or secondary school, that employs educators; and (B) for which the establishing agency has memorialized the establishment, membership, and functions of the partnership in the form of a letter of support, memorandum of understanding, or similar document. SEC. 202. GRANT PROGRAM. (a) In General.--The Secretary shall make grants, on a competitive basis, to eligible entities in States, and to eligible entities that serve Indian Tribes, to enable the recipients to carry out guardianship alternatives education programs for educators. (b) Term.--The Secretary may make such a grant for a first term of 3 years. An eligible entity may seek renewal of, and the Secretary may make, such a grant for a second term of 3 years, in order to expand service delivery of the education program to educators. SEC. 203. APPLICATIONS. To be eligible to receive a grant under this title, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information identifying the target population to receive instruction, and a projected number of participants in and graduates of the education program to be carried out under the grant; (2) a needs assessment, identifying the need for guardianship alternatives education for the target population; (3) information identifying who will facilitate the related instruction; (4) a description of how the entity will conduct outreach to educators for the education program; (5) a description of learning objectives for the education program; (6) a description of activities to be carried out under the grant; (7) an evaluation plan for the education program; (8) a timeline for establishing and carrying out the education program; (9) information that demonstrates the instructors' knowledge of guardianship alternatives and experience in conducting education and training programs for the public; and (10) information describing the format for the instruction, which may be in-person, online, or hybrid, and how the instruction and related materials will be accessible by all participants. SEC. 204. USE OF FUNDS. (a) Required Uses.--An eligible entity that receives a grant under this title shall use the grant funds for implementing an education program to enhance the awareness of alternatives to guardianship for educators and ensuring that the education program meets the requirements of section 104(a)(2). (b) Allowable Uses.--The eligible entity may use the grant funds to carry out the activities described in section 104(b), for the education program. TITLE III--GUARDIANSHIP ALTERNATIVES EDUCATION FOR FAMILIES SEC. 301. DEFINITIONS. In this title: (1) Eligible entity.--The term ``eligible entity'' means a disability agency, legal services agency, or aging agency with a goal to inform and support older adults, or people with disabilities, and their family members. (2) Family member.--The term ``family member'' means a member of the family of-- (A) an older adult; or (B) a person with a disability. SEC. 302. GRANT PROGRAM. (a) In General.--The Secretary shall make grants, on a competitive basis, to eligible entities in States, and to eligible entities that serve Indian Tribes, to enable the recipients to carry out guardianship alternatives education programs for family members of older adults and family members of people with disabilities. (b) Term.--The Secretary may make such a grant for a first term of 3 years. An eligible entity may seek renewal of, and the Secretary may make, such a grant for a second term of 3 years, in order to expand service delivery of the education program to such family members. SEC. 303. APPLICATIONS. To be eligible to receive a grant under this title, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information identifying the target population to receive instruction, and a projected number of participants in and graduates of the education program to be carried out under the grant; (2) information identifying who will facilitate the related instruction for the education program; (3) a description of how the entity will conduct outreach to educators for the education program; (4) a description of learning objectives for the education program; (5) a description of activities to be carried out under the grant; (6) an evaluation plan for the education program; (7) a timeline for establishing and carrying out the education program; (8) information that demonstrates the instructors' knowledge of guardianship alternatives and experience in conducting education and training programs for the public; and (9) information describing the format for the instruction, which may be in-person, online, or hybrid, and how the instruction and related materials will be accessible by all participants. SEC. 304. USE OF FUNDS. (a) Required Uses.--An eligible entity that receives a grant under this title shall use the grant funds for implementing an education program to enhance the awareness of alternatives to guardianship for family members and ensuring that the education program meets the requirements of section 104(a)(2). (b) Allowable Uses.--The eligible entity may use the grant funds to carry out the activities described in section 104(b), for the education program. TITLE IV--GUARDIANSHIP ALTERNATIVES EDUCATION FOR COURT WORKERS AND COURT-RELATED PERSONNEL SEC. 401. DEFINITIONS. In this title: (1) Court-related personnel.--The term ``court-related personnel'' means persons working in, or members of organizations supporting, court systems or court workers, including-- (A) staff and members of local chapters of the American Bar Association; (B) staff and members of local chapters of the American Civil Liberties Union; (C) staff and members of local associations of court workers; (D) staff and members of elder rights law organizations; (E) staff and members of disability rights law organizations; (F) staff of an agency implementing a State protection and advocacy system, as defined in section 102 of the Developmental Disabilities Act and Bill of Rights of 2000 (42 U.S.C. 15002); (G) district attorneys and their staff; (H) court clerks and clerk staff not directly employed by the court; or (I) an entity providing a training program for any specialty relevant to an organization or occupation listed in this paragraph. (2) Court workers.--The term ``court workers'' means persons working in local court systems, including-- (A) court staff; (B) law or court clerks and paralegals; (C) attorneys; and (D) judges. (3) Eligible entity.--The term ``eligible entity'' means a partnership (established by a disability agency, legal services agency, or aging agency)-- (A) that includes-- (i) that disability agency, legal services agency, or aging agency; and (ii) a court whose employees, or other court-related organization whose members, have contact with plaintiffs who are under or facing a guardianship or other protective arrangement or address cases related to guardianship and other protective arrangements; and (B) for which the establishing agency has memorialized the establishment, membership, and functions of the partnership in the form of a letter of support, memorandum of understanding, or similar document. SEC. 402. GRANT PROGRAM. (a) In General.--The Secretary shall make grants, on a competitive basis, to eligible entities in States, and to eligible entities that serve Indian Tribes, to enable the recipients to carry out guardianship alternatives education programs for court workers and other court- related personnel. (b) Term.--The Secretary may make such a grant for a first term of 3 years. An eligible entity may seek renewal of, and the Secretary may make, such a grant for a second term of 3 years, in order to expand service delivery of the education program to court workers and other court-related personnel. SEC. 403. APPLICATIONS. To be eligible to receive a grant under this title, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information identifying the target population to receive instruction, including a projected number of participants in and graduates of the education program to be carried out under the grant; (2) a needs assessment, identifying the need for guardianship alternatives education for the target population proposed; (3) information identifying who will facilitate the related instruction; (4) a description of how the entity will conduct outreach to the court workers or other court-related personnel proposed for the education program; (5) a description of learning objectives for the education program; (6) a description of activities to be carried out under the grant; (7) an evaluation plan for the education program; (8) a timeline for establishing and carrying out the education program; (9) information that demonstrates the instructors' knowledge of guardianship alternatives and experience in conducting education and training programs for the public; and (10) information describing the format for the instruction, which may be in-person, online, or hybrid, and how the instruction and related materials will be accessible by all participants. SEC. 404. USE OF FUNDS. (a) Required Uses.--An eligible entity that receives a grant under this title shall use the grant funds for implementing an education program to enhance the awareness of alternatives to guardianship for court workers or other court-related personnel and ensuring that the education program meets the requirements of section 104(a)(2). (b) Allowable Uses.--The eligible entity may use the grant funds to carry out the activities described in section 104(b), for the education program. TITLE V--ADMINISTRATION SEC. 501. GRANT ADVISORY COUNCIL. (a) In General.--The Secretary shall establish an advisory council, to be known as the ``Grant Advisory Council'', to advise eligible entities that receive grants under this Act on activities carried out under the grants. (b) Composition.--The advisory council shall be composed of 13 members, consisting of-- (1) 3 experts who have experience in counseling individuals and guiding individuals to guardianship alternatives, or who have data-driven expertise in ways to guide individuals to guardianship alternatives, which may include-- (A) a social services program administrator; (B) a guardianship researcher; or (C) an advocate for people with disabilities; and (2) 1 health care administrator or manager with experience with guardianship alternatives; (3) 1 administrator from a school served by a local educational agency, and 1 administrator from an institution of higher education, with experience with guardianship alternatives; (4) 1 family member, as defined in section 301, with experience with guardianship alternatives; (5) 1 court worker, as defined in section 401, with experience with guardianship alternatives; (6) 3 people with disabilities, or older adults, who have successfully transitioned to a guardianship alternative, of which at least 1 shall be a person with a disability and at least 1 shall be an older adult; and (7) 3 people with disabilities, or older adults, who are in a guardianship alternative, of which at least 1 shall be a person with a disability and at least 1 shall be an older adult. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the advisory council. Any vacancy in the council shall not affect the powers of the advisory council, but shall be filled in the same manner as the original appointment was made. (d) Chairman and Vice Chairman.--The advisory council shall select a Chairperson and Vice Chairperson from among its members. (e) Duties.--The advisory council shall-- (1) advise the Secretary on, and provide general oversight for, the grant programs carried out under titles I through IV concerning the activities carried out under the grants, including development of the curricula for guardianship alternatives education; (2) consult with the Secretary on the awarding of the grants; (3) provide recommendations for sustainability and expansion of the guardianship alternatives education programs carried out under the grants, such as development of a train- the-trainer model for such an education program; and (4) provide input for the evaluation methods and implementation of the evaluation described in section 502, including advising the Secretary on additional criteria for the evaluator to evaluate under section 502, to measure effectiveness of guardianship alternatives education programs described in section 502. (f) Report.--Not later than September 30, 2027, and not later than September 30, 2030, the advisory council shall prepare a report containing recommendations on the programs, activities, and curricula described in subsection (e)(1) and the sustainability and expansion described in subsection (e)(3). The advisory council shall submit the report to the covered committees defined in section 504(f). (g) Travel Expenses.--Subject to the limit described in section 505(b), the members of the advisory council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the advisory council. (h) Detail of Government Employees.--Any Federal Government employee may be detailed to the advisory council without reimbursement to serve as a staff member for the advisory council, and such detail shall be without interruption or loss of civil service status or privilege. (i) Termination.--The advisory council shall terminate on October 1, 2030. SEC. 502. EVALUATION OF EDUCATION PROGRAMS. (a) Independent Evaluator.--The Secretary shall enter into a contract with an independent entity, who is not a grant recipient under this Act and who has expertise in evaluating programs for people with disabilities or programs for older adults, to carry out an evaluation of the education programs carried out under this Act. (b) Population Covered by Evaluation.--In conducting the evaluation, the evaluator shall consider the impact of the education programs carried out under this Act on all participants served by the education programs and on each underserved demographic population (such as an underserved race, ethnicity, gender, gender identity, sexual orientation, age, or type of disability) served by the education programs. (c) Performance.-- (1) Performance in changing awareness of guardianship alternatives.-- (A) Awareness of program participants.--The evaluator shall measure program participants' awareness of guardianship alternatives as a result of the education programs. (B) Awareness due to dissemination.--The evaluator shall measure the dissemination of information on guardianship alternatives in the workplaces and communities of participants in the education programs, as a result of the education programs, to evaluate how far awareness of guardianship alternatives has expanded beyond the participants. (2) Effectiveness of education programs.--The evaluator shall measure the effectiveness of the education programs on any additional criterion that the advisory committee advised the Secretary to adopt, and the Secretary adopted, in accordance with section 501(e)(4). (d) Policy Changes at the State Level.--In conducting the evaluation, the evaluator shall identify any guardianship policy changes at the State level, including the creation of, removal of, or changes to guardianship policies. SEC. 503. STATE DATA COLLECTION ON PROTECTIVE ARRANGEMENTS. (a) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 is amended-- (1) in section 101(a)(10) (29 U.S.C. 721(a)(10))-- (A) by redesignating subparagraphs (F) through (H) as subparagraphs (G) through (I), respectively; and (B) by inserting after subparagraph (E) the following: ``(F) The Commissioner shall require that each designated State unit include in the reports additional information described in section 503(b) of the Alternatives to Guardianship Education Act.''; and (2) in section 607 (29 U.S.C. 795l), by inserting ``(except with respect to information under subparagraph (F) of section 101(a)(10))'' after ``section 101(a)(10)''. (b) Data To Be Collected and Submitted by States.--In order to provide objective, measurable data on guardianships and guardianship alternatives in the States, States receiving funds under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) shall collect and report to the Secretary, in accordance with subsection (a), information about each of the following: (1) The number and type of guardianships and protective arrangements established and dissolved each calendar year in the State. (2) Demographic information of guardians and people under guardianship arrangements, including type of guardian (such as family member, friend, professional private guardian, or public agency). (3) The average length of a guardianship arrangement in the State, as of the time such data is reported. (4) Information about the reasons for guardianship arrangements in the State. (5) Information about the reasons that guardianship arrangements were terminated in the State since the last report, including receipt of guardianship alternatives education. SEC. 504. REPORTING. (a) Eligible Entity Reports.--Each eligible entity that receives a grant under this Act for an education program shall annually prepare and submit to the Secretary a progress report, that measures the change in indicators described in paragraphs (1) and (2) of section 502(c), as a result of the education program, and the change in policies described in section 502(d). (b) Summary Effectiveness Report.--The Secretary shall annually-- (1) prepare a summary report on the change, in the aggregate, in indicators described in paragraphs (1) and (2) of section 502(c), as a result of the education programs carried out under this Act, and the change in policies described in section 502(d), which report shall include-- (A) information on methods of outreach to recruit participants for the education programs from diverse backgrounds and communities, including the number of the participants recruited through each method; (B) the total number of participants in the education programs, and the percentage of such participants who completed the education programs; and (C) data on demographic characteristics, including the race, ethnicity, gender, gender identity, age, and type of disability, of the participants, and data on the geographic location of the participants, in the education programs; and (2) submit the report to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, and the Committee on Education and the Workforce of the House of Representatives. (c) Renewal Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall prepare and submit to the covered committees a formative report on the instruction provided through the guardianship alternatives education program during the 2- year period after eligible entities first receive grants under this Act. The Secretary shall use the information in the report in determining whether to renew grants for eligible entities for a second grant term. The Secretary shall submit the report to the grant recipients whose grants are renewed, to inform the work of the recipients during the second grant term. (d) State Data Report.--The Secretary shall prepare a report containing the data collected under section 503, and make the report publicly available. (e) Final Report.--Not later than 1 year after the end of the last second grant term to be completed under this Act, the Secretary shall prepare and submit to the covered committees a final report summarizing all actions taken under grants made available under this Act. (f) Covered Committees.--In this section, the term ``covered committees'' means the Committee on Health, Education, Labor, and Pensions, the Committee on Finance, and the Special Committee on Aging of the Senate, and the Committee on Education and the Workforce and the Committee on Energy and Commerce of the House of Representatives. SEC. 505. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act, $10,000,000 for each of fiscal years 2025 through 2030. (b) Administration and Evaluation.--From the amount made available under subsection (a) for each fiscal year, the Secretary shall reserve not more than 5 percent for administration of this Act, including carrying out the activities required in sections 501 through 504. <all>

usgpo

2024-06-24T00:12:39.440893

BILLS-118hres1291eh

Electing a Member to a certain standing committee of the House of Representatives.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1291 Engrossed in House (EH)] <DOC> H. Res. 1291 In the House of Representatives, U. S., June 12, 2024. Resolved, That the following named Member be, and is hereby, elected to the following standing committee of the House of Representatives: Committee on Veterans' Affairs: Mr. Kennedy. Attest: Clerk.

usgpo

2024-06-24T00:12:39.487720

BILLS-118s4548es

Foreign Extortion Prevention Technical Corrections Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4548 Engrossed in Senate (ES)] <DOC> 118th CONGRESS 2d Session S. 4548 _______________________________________________________________________ AN ACT To make a technical correction to the National Defense Authorization Act for Fiscal Year 2024 by repealing section 5101 and enacting an updated version of the Foreign Extortion Prevention Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Extortion Prevention Technical Corrections Act''. SEC. 2. TECHNICAL CORRECTION TO 2024 NDAA. (a) Repeal of Previous Version of FEPA.--Section 5101 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) is repealed, and each provision of law amended by that section is amended to read as it read on the day before the date of enactment of that Act. (b) Prohibition of Demand for Bribe.-- (1) In general.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1352. Demands by foreign officials for bribes ``(a) Definitions.--In this section: ``(1) Foreign official.--The term `foreign official' means-- ``(A)(i) any official or employee of a foreign government or any department, agency, or instrumentality thereof; or ``(ii) any senior foreign political figure, as defined in section 1010.605 of title 31, Code of Federal Regulations, or any successor regulation; ``(B) any official or employee of a public international organization; ``(C) any person acting in an official capacity for or on behalf of-- ``(i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or ``(ii) a public international organization. ``(2) Public international organization.--The term `public international organization' means-- ``(A) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or ``(B) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of the order in the Federal Register. ``(b) Prohibition of Demand for a Bribe.-- ``(1) Offense.--It shall be unlawful for any foreign official or person selected to be a foreign official to corruptly demand, seek, receive, accept, or agree to receive or accept, directly or indirectly, anything of value personally or for any other person or nongovernmental entity, by making use of the mails or any means or instrumentality of interstate commerce-- ``(A) from-- ``(i) any person (as defined in section 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-3), except that that definition shall be applied without regard to whether the person is an offender) while the foreign official or person selected to be a foreign official, or a person acting on behalf of the foreign official or person selected to be a foreign official, is in the territory of the United States; ``(ii) an issuer (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), or any officer, director, employee, or agent of an issuer or any stockholder thereof acting on behalf of the issuer; or ``(iii) a domestic concern (as defined in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2)), or any officer, director, employee, or agent of a domestic concern or any stockholder thereof acting on behalf of the domestic concern; and ``(B) in return for-- ``(i) being influenced in the performance of any act or decision of the foreign official or person selected to be a foreign official in the official capacity of the foreign official or person selected to be a foreign official; ``(ii) being induced to do or omit to do any act in violation of the lawful duty of the foreign official or person selected to be a foreign official; ``(iii) conferring any improper advantage; or ``(iv) using the influence of the foreign official or person selected to be a foreign official with a foreign government or instrumentality thereof to affect or influence any act or decision of that government or instrumentality, in connection with obtaining or retaining business for or with, or directing business to, any person. ``(2) Penalties.--Any person who violates paragraph (1) shall be fined not more than $250,000 or 3 times the monetary equivalent of the thing of value, imprisoned for not more than 15 years, or both. ``(3) Jurisdiction.--An offense under paragraph (1) shall be subject to extraterritorial Federal jurisdiction. ``(4) Report.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Attorney General, in consultation with the Secretary of State as relevant, shall submit to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives, and post on the publicly available website of the Department of Justice, a report-- ``(A) focusing, in part, on demands by foreign officials for bribes from entities domiciled or incorporated in the United States, and the efforts of foreign governments to prosecute such cases; ``(B) addressing United States diplomatic efforts to protect entities domiciled or incorporated in the United States from foreign bribery, and the effectiveness of those efforts in protecting such entities; ``(C) summarizing major actions taken under this section in the previous year, including enforcement actions taken and penalties imposed; ``(D) evaluating the effectiveness of the Department of Justice in enforcing this section; and ``(E) detailing what resources or legislative action the Department of Justice needs to ensure adequate enforcement of this section. ``(5) Rule of construction.--This subsection shall not be construed as encompassing conduct that would violate section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) or section 104 or 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2; 15 U.S.C. 78dd-3) whether pursuant to a theory of direct liability, conspiracy, complicity, or otherwise.''. (2) Technical and conforming amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``1352. Demands by foreign officials for bribes.''. Passed the Senate June 13, 2024. Attest: Secretary. 118th CONGRESS 2d Session S. 4548 _______________________________________________________________________ AN ACT To make a technical correction to the National Defense Authorization Act for Fiscal Year 2024 by repealing section 5101 and enacting an updated version of the Foreign Extortion Prevention Act.

usgpo

2024-06-24T00:12:39.760024

BILLS-118hres1293eh

H. RES. 1293 (EH) - Engrossed in House

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1293 Engrossed in House (EH)] <DOC> H. Res. 1293 In the House of Representatives, U. S., June 12, 2024. Resolved, That Merrick B. Garland, Attorney General, U.S. Department of Justice, shall be found to be in contempt of Congress for failure to comply with a congressional subpoena. Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, the Speaker of the House of Representatives shall certify the report of the Oversight Committee, detailing the refusal of Merrick B. Garland, Attorney General, U.S. Department of Justice, to produce documents, records, and materials to the Oversight Committee as directed by subpoena, to the United States Attorney for the District of Columbia, to the end that Attorney General Merrick B. Garland be proceeded against in the manner and form provided by law. Resolved, That the Speaker of the House shall otherwise take all appropriate action to enforce the subpoena. Attest: Clerk.

usgpo

2024-06-24T00:12:39.777889

DCPD-202300308

Remarks on Signing an Executive Order on Increasing Access to High-Quality Care and Supporting Caregivers

Administration of Joseph R. Biden, Jr., 2023 April 18, 2023 The President. Well, thank you, Kezia, and thank you for that introduction. And former Speaker Pelosi, Members of the Congress, members of union labor that are here today that make a lot of this possible—so many of you—thank you for being here. The Vice President is in Nevada today fighting for reproductive rights for women, but I know she wanted to be here as well because this is an issue she's worked on her whole career. And I want to thank Members of the Congress who have spent decades in the trenches fighting for this issue. And I want to thank the advocates and the proud union members who are here. Without you, none of this progress, in my view, would be possible. And by the way, that's why every worker needs to be free to make the choice to join a union. And thanks to you, the care workers and family caregivers who are doing God's work taking care of our children, our parents, and those we love so dearly. You care for the people we value the most in the whole world. And I want you to know how much we value you. And I mean that. We're here today to take action on an issue that's fundamental to who we are as a nation, who we are as a country: How we do—how do we treat the people we care so much about, who needs the most help—our children, the people we love, people with disabilities, including veterans? And how do we value those caring for them—childcare workers, nurses, homecare workers, family caregivers? The Executive order I'm about to sign is the most comprehensive set of actions any administration has taken to date to increase access to high-quality childcare and long-term care and support for the caregivers. You know, under this order, almost every Federal agency will collectively take over 50 actions to provide more peace of mind for families and dignity for care workers and—who deserve jobs with good pay and good benefits. The Executive order doesn't require any new spending. It's about making sure taxpayers will get the best value for the investments they've already made. For example, we'll use last year's increase in Head Start funding to take steps to recruit and retain workers by increasing wages so that families who need affordable care can get it. Like I called for in my State of the Union Address, we're going to improve long-term care by strengthening staffing standards at nursing homes. And I've also—and I also instructed the Department of Health and Human Services to figure out how homecare workers can get the pay they deserve with the money already allocated. I'm directing the VA—the Veterans Administration—to cut redtape and give veterans who need assistance at home more flexibility to pick their own caregivers. And we've heard directly from the veterans that this is one of the top priorities for them—one of their top priorities. To ensure we have enough care workers, we're expanding partnerships with community colleges, registered apprenticeship programs, and the America Corps [AmeriCorps; White House correction]. You know, more than one in every five adults is a family caregiver. This order recognizes the labor of love and makes sure family caregivers are involved and informed when a hospital discharges the one they love, that the caregivers know about the Medicare benefits their loved one qualifies for, that caregivers of veterans have access to mental health support. Folks, there's lot we can do. We're doing all of this. Why? Because right now the cost of care is too high for seniors in nursing homes, for working families with young children. Pay for care workers is too low. And that's why so many are leaving the whole endeavor. In fact, half the long-term care workforce and nearly 20 percent of childcare workforce leave their jobs each year, making it even harder—harder—for families to find the help they need. And family members are too often forced to leave their own good jobs behind to stay home to be with mom and dad. The United States of America—we should have no one—there should—no one should have to choose between caring for the parents who raise them, the children who depend on them, or the paycheck they rely on to take care of both. You know, too many folks lie awake at night wondering: "If mom can't take care of herself at home, what are we going to do? She'll have to move into a nursing home. Are we going to be able to afford it? Can I still afford to get the kids through college and save for retirement? How do I do it all? If I take that better job with the better pay, longer hours, will I be able to take care of my kids, or will it cost me more than I get the raise in the paycheck I'm about—the new job I'm about to have?" If you live in a major American city, you can pay more than $17,000 a year, as all of you know, per child for childcare in order to be able to go to work. And for a lot of families, that's more than you pay for your rent, your mortgage, or a college education for your children. It can—all—you can all imagine that young couple expecting their first child, thinking they should be excited really excited, but instead they're a little bit scared; they've already need two paychecks to make ends meet now. Are they going to be able to do it? Are they going to be able to do it—keep the job, and are they going to be able to afford childcare when the baby comes? Meanwhile, long-term care costs for the elderly or people with disabilities are up 40 percent. Costs are up 40 percent over the past decade. Some of you have had to spend your own retirement savings to care for your parents. Imagine a dad living in a house his whole life, but he can't manage his own house anymore. He has trouble getting around. He needs just a little help to stay home, someone to just deliver the dinner, just to be able to shovel the sidewalk, et cetera, just to be able to stay where he was. Well, who's going to tell dad? You probably had that conversation, some of you. Who's going to tell dad he can't stay in the house, you can't stay home anymore, you've got to go to a nursing home? Millions of Americans are stuck in the middle, in part of so-called "sandwich generation," caring for young children and elderly parents at the same time. And it's overwhelming. I get it. I was a single parent for 5 years with two young children after my wife and daughter were killed in an accident. Thank God I had family to rely on. And there's a reason why, by the way, a lot of people don't move beyond where their families are even though they have other opportunities: They can't afford to. My sister, my brother, my brother-in-law, my mother, they all chipped in. My sister and her husband gave up their home and moved into where I lived just to be there to help me with my kids. Folks, you know, I couldn't have done it without their help. I couldn't have made it. And I was making a good salary. I was making, I think, we—I got paid $45,000 a year then. And that was a—that more money than I ever made in my life. But I couldn't possibly—and that's why I commuted every single day for 36 years so I could be home, because I couldn't sell my home and get reelected without having a home in Delaware. I couldn't move down here and afford it. But—and I had—but I had a big family. I had help. I often ask myself what the—in God's name would I have done—not a joke—had I not had the family I had. Over the years, Jill and I took care of both our parents—all four of our parents—well, not— they didn't have to take all four; one died suddenly. But my point is, we were with our parents to the very end. We could do it. We could afford to do it because of where we were, and we had housing to be able to bring them in. We understand. And the pandemic, we made it even clearer just how hard it is for millions of working and middle class families to provide care for their families. It's not just how important the care economy is to the entire economy. It's when people have to leave the labor force and can't to—or can't enter it in the first place because of caregiving responsibilities. They can't fully participate in the economy, and that drags down the whole Nation's productivity and growth, as it—overall. Care work is demanding, as many of you in this audience know. It requires serious skill, but these workers are among the lowest paid workers in the country. As soon as I got into office, I signed the American Rescue Plan to help millions of families afford childcare. As a consequence, we were able to keep 200,000 childcare advisers—providers, many of them in small, women-owned businesses, keep their doors open during the pandemic. Taking care as many as 9.6 million children during the pandemic because of that act. One-third of childcare providers said they would have to shut down for good without the help. Instead, the American Rescue Plan helped them stay afloat and, in many cases, increased pay for the childcare workers. It doesn't help—it also helped States expand and strengthen Medicaid home care programs. We also increased Childcare and Development Block Grants, helping more low-income families afford childcare. You know, we issued the first-ever and much-needed National Strategy on Support Family Caregivers. And it—[*applause*]—that was—Nancy, thank you. And to receive Federal dollars through the CHIPS and Science Act—which, I might point out, has already generated $200 billion in investment in the United States—commitments. Those companies are going to have to provide high-quality affordable childcare for their workers if they want to participate in the programs. We're using the power of the Federal Government to get companies to do what's good for their workers and, I might add, good for business as well. Good for business as well. And, folks, care workers deserve to make a decent living, and that's a fight I'm willing to have. We need it. Folks, we know there's more to do. And yet yesterday the Speaker of the House of Representatives, Kevin McCarthy, went to Wall Street. He did not tell the wealthy or the powerful on Wall Street that it was finally time to start paying their fair share of taxes. That didn't come up. [*Laughter*] Other than to say they're going to renew the $2 trillion tax cut. Anyway, I won't—[*laughter*]. Instead, he proposed huge cuts to important programs that millions of Americans count on. Millions of middle class suburban, as well as inner-city folks. He threatened to become the first Speaker to default on our national debt, which took over 230 years to accumulate. He threatened to be the first one to default on the debt, which would throw us in a gigantic recession and beyond, unless he gets what he wants in the budget. Folks, you've got to ask yourself: What are MAGA Republicans in Congress doing? Because this is not your father's Republican party. This is a different deal. You know, the two Presidents that warned most directly against playing with the national debt were Ronald Reagan. He spoke very, very passionately about that, and he came forward. And, anyway, I won't—but you know, why are they doing this? What's the purpose? The Speaker talked about limited spending, which sounds good. And by the way, I was able to cut the deficit by $1.7 billion in 2 years. And if we pass the budget I'm proposing, we'll lower spending way beyond that just in the first—we're going to lower the spending by six hundred—$168 billion just because of the way we've changed Medicare—I mean, excuse me, prescription drug costs. But let's take a closer look at what he didn't say. Critical programs for hard-working Americans, the ones they count on, would be splashed—would be slashed starting next year if he has his way. He didn't tell you the leading House Republican proposal would cut all the programs and discretionary spending by 22 percent. It would mean higher costs for childcare, higher costs for preschool, higher costs for college. Two hundred thousand children would lose access to Head Start slots, and even more would lose access to childcare altogether. It would mean higher costs for housing, especially for older Americans, for veterans, people with disabilities, and families with children; longer wait times for Social Security and Medicare benefits, robbing seniors of their healthy meals; 30 million fewer veteran outpatient visits, leaving our brave warriors unable to get checkups, mental health services, and treatment for substance abuse disorders. Congress just passed the PACT Act, which I was very proud of, to help—it was bipartisan— to help veterans exposed to toxic burn pits, like my son. Now, these cuts will make it harder for us to meet that sacred obligation to protect those we send into harm's way and care for them when their families—when they return home. They would deny tens of thousands of people suffering from opioid addiction—epidemic and addiction the treatment they need for recovery. They're also planning other cuts as well. We—they'd cut—10 million people, including 4 million children, would lose food assistance programs. Changes to Medicaid would also cause millions of people to lose their health care. And now, what the Speaker didn't tell you is, the MAGA Republicans in Congress are still supporting over $3 trillion in tax giveaways that overwhelmingly benefit the wealthiest Americans and the biggest corporations. I might add: We have now about a thousand billionaires. Know what the average tax rate is? Three—t-h-r-e-e—percent. Three percent. And their cuts to those critical programs I talked about won't go to reduce the deficit after all. They'd just pay for the rest of the MAGA Republican agenda: massive tax cuts, giveaways that gear up for the rich and large corporations who have acknowledged they don't need them all. Folks, if MAGA Republicans in Congress won't ask the wealthy or big corporations to pay a dollar more in taxes, but they'll make a 22-percent cut to programs across the board like education, scientific research, basic services people rely on, then they should tell the American people what that means and why they're doing it. It means they want to go back to the same old trickle-down economic theories of the past while we, the economy—had been growing from the middle out and the bottom up—is sidelined. Instead of investing in kids and cutting taxes for families with children, MAGA Republicans in Congress support more than $3 trillion in tax cuts and giveaways over the next 10 years toward those at the very top of the agenda—on the income agenda. You know, on the other hand, as I said, in my first 2 years, we brought down the deficit by a record $1.7 trillion. And my budget that I've proposed, which I've laid out, would cut the deficit over the next 3 year—next 10 years by another $3 trillion. So I urge Congress to take the threat of default off the table. Pass my budget. If they don't pass it, at least argue with what they don't like about it, and let's vote on it. But, in the meantime, we're not waiting around. That's what today is all about. Let me conclude with this: The actions we're taking today are about dignity, security, and peace of mind for working families and caregivers all across the country, and they're good for the economy as well. When I ran for President to rebuild the backbone of America, the middle class—to grow our economy from the middle out and bottom up, not the top down—2 years in, we're making progress. So let's finish the job. I can honestly say I've never been more optimistic about the future of America. We just have to remember who we are. We're the United States of America. There is virtually nothing— nothing beyond our capacity if we work together. And I mean it—nothing if we work together. So may God bless you all, and may God bless our caregivers. Now I'm going to go over and sign that Executive order. Thank you. [*At this point, the President moved to the signing table.*] Good to see you man. Participant. Good to see you, President Biden. How are you, sir? The President. Good seeing you. Participant. Thank you for getting it, sir. Appreciate that. Thank you for getting it, man. The President. Hey, everybody. Come on. God bless you. Thank you. All right. Got everybody? All right. I'm about to sign an Executive order increasing access to high-quality care and supporting caregivers. And the page is so bright, I'm not sure where the line is. [*Laughter*] [*The President signed the Executive order.*] There you go. NOTE: The President spoke at 2:21 p.m. in the Rose Garden at the White House. In his remarks, he referred to North Bergen, NJ, resident Kezia Bomtempo-Rodriguez; and Rep. Nancy Pelosi. He also referred to his sister Valerie Biden Owens and her first husband Bruce Saunders; and his brother James B. Biden. Categories: Addresses and Remarks : High-quality care and caregiver support, efforts to increase, signing the Executive order. Locations: Washington, DC. Names: Biden, James B.; Biden, Jill T.; Bomtempo-Rodriguez, Kezia; Harris, Kamala D.; McCarthy, Kevin O.; Owens, Valerie Biden; Pelosi, Nancy; Saunders, Bruce. Subjects: AmeriCorps; Apprenticeship programs and job training; Childcare facilities, government assistance; Childcare, access and affordability; Community colleges; COVID–19 pandemic; Early childhood education; Economic improvement; Economic stimulus legislation; Eldercare and home health services; Federal deficit and debt; Fiscal year 2024 budget proposal; Labor movement and organized labor; Medicare and Medicaid programs; Opioid epidemic, efforts to combat; Social Security program; Speaker of the House of Representatives; U.S. servicemembers, environmental exposures in war zones; Veterans Health Administration; Veterans, health and medical care; Veterans, mental health services, improvement efforts; Vice President. DCPD Number: DCPD202300308.

usgpo

2024-06-24T00:12:40.005023

DCPD-202400495

Statement on the Bureau of Labor Statistics Report on the Employment Situation in May

Administration of Joseph R. Biden, Jr., 2024 June 7, 2024 The great American comeback continues, but we still have to make more progress. On my watch, 15.6 million more Americans have the dignity and respect that comes with a job. Unemployment has been at or below 4 percent for 30 months, the longest stretch in 50 years. And a record high share of working-age women have jobs. I will keep fighting to lower costs for families like the ones I grew up with in Scranton. I'm fighting corporate greed by calling on corporations with record profits to lower prices, as Target and Walmart have for grocery prices. I'm fighting to make rent more affordable by building 2 million new homes. I'm fighting to lower the cost of health care and prescription drugs, like insulin and inhalers. Congressional Republicans have a different vision, one that puts billionaires and special interests first. The Republican plan would increase inflation by repealing the Affordable Care Act, siding with Big Oil to raise utility bills, letting Big Banks rip off Americans, and blow up the debt by slashing taxes for billionaires. I will never stop fighting for Scranton, not Park Avenue. Categories: Statements by the President : Employment situation in May, Bureau of Labor Statistics report. Subjects: Bureau of Labor Statistics; Economic improvement; Health care costs and affordability; Housing, affordability and access; Job creation and growth; Prescription drug costs, reduction efforts; Unemployment rate. DCPD Number: DCPD202400495. 1

usgpo

2024-06-24T00:12:40.228035

DCPD-202400491

Remarks on the 80th Anniversary of D-Day in Colleville-sur-Mer, France

Administration of Joseph R. Biden, Jr., 2024 June 6, 2024 The hour had nearly come. Monday, June 5, 1944. The evil of Hitler's Third Reich was devastating the world. Nazi Germany had subjugated the once-free nations of Europe through brute force, lies, and twisted ideology of racial superiority. Millions of Jews murdered in the Holocaust. Millions of others killed by bombs, bullets, bloody warfare. Hitler and those with him thought democracies were weak, that the future belonged to dictators. Here, on the coast of Normandy, the battle between freedom and tyranny would be joined. Here, on that June morning, the testing was at hand. President Macron, Mrs. Macron, Secretary Austin, Secretary Blinken, distinguished guests; most of all, our honored veterans, who met that test to the ages—a test of ages to that moment 80 years ago, 80 years ago today: On behalf of the American people and as Commander in Chief, it's the highest honor to be able to salute you here in Normandy once more—all of you. God love you. Winston Churchill called what happened here, quote, "the greatest, most complicated operation ever," end of quote. After years of planning, Operation Overlord was ready to launch just as soon as the weather turned. Across the choppy English Channel, the Supreme Commander of the Allies, Dwight D. Eisenhower, waited. The largest force ever of its kind, built by 12 nations—men, guns, planes, naval craft of every description—waited. The world, captive and free, waited. Finally, Eisenhower's forecasters said there was a window in the weather. It would open briefly on Tuesday the 6th of June. The general weighed the options and gave the order: At dawn, the Allies would strike. The "Great Crusade" to free Europe from tyranny would begin. That night, General Eisenhower drove to the English town of Newbury to visit paratroopers of the 101st Airborne. They were men from all over America. It was estimated that 80 percent of them would be killed within hours. That was the estimate. But they were brave, they were resolute, and they were ready. One soldier told General Eisenhower, quote: "Don't worry, sir. The 101st is on the job. Everything will be taken care of." That's what he said. And because of their courage and their resolve, because of the courage and resolve of their allies, it was taken care of. From the sea and sky, nearly 160,000 Allied troops descended on Normandy. Many, to state the obvious, never came home. Many survived that "longest day," kept on fighting for months until victory was finally won. And a few, a notable band of brothers, are here with us today. Kenneth Blaine Smith is here. On that day, under heavy artillery fire, he operated a range finder and radar on the first American ship to arrive at Normandy's coast, providing direct gunfire support for the Rangers scaling the cliffs of Pointe du Hoc on their daring mission to take out the German batteries. Bob Gibson is here. He landed on Utah Beach about 10 hours after the invasion began. Bullets flying everywhere. Tracers lighting up the sky. Bob drove an M4 tractor with an anti- aircraft gun mounted on top, providing critical protection for the infantry against the German air force. On that day and for many days after, he continued. Ben Miller is here. A medic with the 82d Airborne. At 3 a.m. on June 6, he and 13 other medics flew over the Channel in a rickety glider. Its wings were ripped off by giant poles that the Germans buried halfway in the ground to stop them from landing. They crashed, but they survived. And they did their duty: dragging injured soldiers to safety, treating wounds, saving lives while the battle raged. Every soldier who stormed the beach, who dropped by parachute, or landed by glider; every sailor who manned the thousands of ships and landing craft; every aviator who destroyed German-controlled air fields, bridges, and railroads: all—all—were backed by other brave Americans, including hundreds of thousands of people of color and women who courageously served despite unjust limitations on what they could do for their nation. Louis Brown is here. Part of the "Red Ball Express," a truck convoy made up mostly of African American drivers. They landed at Normandy in the wake of D-Day. They rushed supplies to the rapidly advancing frontlines. Woody Woodhouse is here. Members of the legendary Tuskegee Airmen, who flew over 15,000 sorties during the war. Marjorie Stone is here. She enlisted in the women's branch of the Naval Reserve, became an aircraft mechanic, spent the war keeping American planes and pilots in the air. Theirs has always been the story of America. Just walk the rows of this cemetery, as I have. Nearly 10,000 heroes buried side by side, officers and enlisted, immigrants and native-born. Different races, different faiths, but all Americans. All served with honor when America and the world needed them most. Millions back home did their part as well. From coast to coast, Americans found countless ways to pitch in. They understood our democracy is only as strong as all of us make it, together. The men who fought here became heroes not because they were the strongest or toughest or were fiercest—although they were—but because they were given an audacious mission knowing—every one of them knew the probability of dying was real, but they did it anyway. They knew, beyond any doubt, there are things that are worth fighting and dying for. Freedom is worth it. Democracy is worth it. America is worth it. The world is worth it— then, now, and always. The war in Europe didn't end for another 11 months. But here the tide turned in our favor. Here we proved the forces of liberty are stronger than the forces of conquest. Here we proved that the ideals of our democracy are stronger than any army or combination of armies in the entire world. We proved something else here as well: the unbreakable unity of the Allies. Here with us are men who served alongside the Americans that day, wearing different flags on their arms, but fighting with the same courage, for the same purpose. What the Allies did together 80 years ago far surpassed anything we could have done on our own. It was a powerful illustration of how alliances—real alliances—make us stronger, a lesson that I pray we Americans never forget. Together, we won the war. We rebuilt Europe, including our former enemies. It was an investment in what became shared and a prosperous future. We established NATO, the greatest military alliance in the history of the world. And over time—[*applause*]. You've got it; it is. And over time, we brought more nations into NATO—the NATO alliance, including the newest members: Finland and Sweden. Today, NATO stands at 32 countries strong. And NATO is more united than ever and even more prepared to keep the peace, deter aggression, defend freedom all around the world. America has invested in our alliances and forged new ones, not simply out of altruism, but out of our own self-interest as well. America's unique ability to bring countries together is an undeniable source of our strength and our power. Isolationism was not the answer 80 years ago, and it is not the answer today. We know the dark forces that these heroes fought against 80 years ago. They never fade. Aggression and greed, the desire to dominate and control, to change borders by force—these are perennial. And the struggle between a dictatorship and freedom is unending. Here, in Europe, we see one stark example. Ukraine has been invaded by a tyrant bent on domination. Ukrainians are fighting with extraordinary courage, suffering great losses, but never backing down. They've inflicted on the Russian aggressors—they've suffered tremendous losses, Russia. The numbers are staggering: 350,000 Russian troops dead or wounded. Nearly 1 million people have left Russia because they can no longer see a future in Russia. The United States and NATO and a coalition of more than 50 countries standing strong with Ukraine. We will not walk away, because if we do, Ukraine will be subjugated. And it will not end there. Ukraine's neighbors will be threatened. All of Europe will be threatened. And make no mistake, the autocrats of the world are watching closely to see what happens in Ukraine, to see if we let this illegal aggression go unchecked. We cannot let that happen. To surrender to bullies, to bow down to dictators is simply unthinkable. Were we to do that, it means we'd be forgetting what happened here on these hallowed beaches. Make no mistake: We will not bow down. We will not forget. Let me end with this. History tells us freedom is not free. If you want to know the price of freedom, come here to Normandy. Come to Normandy and look. Go to the other cemeteries in Europe where our fallen heroes rest. Go back home to Arlington Cemetery. Tomorrow I will pay respects at Pointe du Hoc. Go there as well and remember: The price of unchecked tyranny is the blood of the young and the brave. In their generation, in their hour of trial, the Allied forces of D-Day did their duty. Now the question for us is: In our hour of trial, will we do ours? We're living in a time when democracy is more at risk across the world than any point since the end of the World War II, since these beaches were stormed in 1944. Now, we have to ask ourselves: Will we stand against tyranny, against evil, against crushing brutality of the iron fist? Will we stand for freedom? Will we defend democracy? Will we stand together? My answer is yes. And it only can be yes. We're not far off from the time when the last living voices of those who fought and bled on D-Day will no longer be with us. So we have a special obligation. We cannot let what happened here be lost in the silence of the years to come. We must remember it, must honor it, and live it. And we must remember: The fact that they were heroes here that day does not absolve us from what we have to do today. Democracy is never guaranteed. Every generation must preserve it, defend it, and fight for it. That's the test of the ages. In memory of those who fought here, died here, literally saved the world here, let us be worthy of their sacrifice. Let us be the generation that when history is written about our time—in 10, 20, 30, 50, 80 years from now—it will be said: When the moment came, we met the moment, we stood strong, our alliances were made stronger, and we saved democracy in our time as well. Thank you very much. And may God bless you all, and may God protect our troops. Thank you. NOTE: The President spoke at 2:01 p.m. at the Normandy American Cemetery. In his remarks, he referred to President Vladimir Vladimirovich Putin of Russia. Categories: Addresses and Remarks : 80th anniversary of D-Day in Colleville-sur-Mer, France. Locations: Colleville-sur-Mer, France. Names: Austin, Lloyd J., III; Blinken, Antony J.; Brown, Louis; Gibson, Bob; Macron, Brigitte; Macron, Emmanuel; Miller, Ben; Putin, Vladimir Vladimirovich; Smith, Kenneth Blaine; Stone, Marjorie; Woodhouse, Woody. Subjects: D-Day, 80th anniversary; Finland, North Atlantic Treaty Organization accession; France, President; France, President Biden's visit; North Atlantic Treaty Organization; Russia, conflict in Ukraine; Russia, President; Secretary of Defense; Secretary of State; Sweden, North Atlantic Treaty Organization accession; U.S. diplomatic efforts, expansion; U.S. servicemembers, service and dedication; Ukraine, Russian invasion and airstrikes. DCPD Number: DCPD202400491.

usgpo

2024-06-24T00:12:40.237973

DCPD-202400439

Remarks on the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 in Nashua, New Hampshire

Administration of Joseph R. Biden, Jr., 2024 The President. Well, thank you, thank you, thank you. Let me push this in. I pushed in the stand. Hey, guys. How you doing? Good to see you. Hope Mommy and Daddy are promising you a real gift for doing this. [*Laughter*] Folks, I want to say—Sergeant, I want to thank you for your service and for the introduction of me. I appreciate it very much. And congratulations on your promotion. And I know your whole family is so proud. You know, when my son Beau was promoted to major in Iraq, I happened to be there shortly afterwards. And I said, "Now you're a field-grade officer." He said, "I have no illusions, Dad, who runs the Army: those folks with stripes on their shoulders." And you do. I want to thank you. Look, I want to thank Senator Maggie Hassan, Senator Jeanne Shaheen, and Annie— Congresswoman Annie Kuster for their work on behalf of veterans. And former Governor John Lynch is here with his Dr. Susan—his wife, Dr. Susan, who— their friendship for years has meant a great deal to me and to my family. And, Secretary McDonough, thank you for your leadership, because it really matters. To all the veterans and families that are here today, I want to say thank you. We could never fully thank you for all the sacrifices you've made. Only 1 percent of the American population has risked everything to defend our other 99 percent of us. One percent, that's it. And we owe you. We owe you big. I've long said, and initially got in trouble for saying it, that—about 30 years ago—that America has a lot of obligations, but only one truly sacred obligation—sacred obligation. And that's to prepare those we send into harm's way and to care for them and their families when they come home, and if they don't come home, care for their families. Nearly 2 years ago, we took a giant step toward fulfilling that obligation when I fought for and signed the PACT Act. It was one of the most significant laws ever. It surprised me anybody voted against it, but a bunch did. We set up to help millions of veterans who were exposed to toxic substances during their services. And today I'm proud to announce the VA just granted its one millionth—one millionth— ACT Act claim. One million. A major milestone, providing $5.7 million [billion; White House correction] in benefits to 890,000 veterans and their families so far in hand, including 3,000 here in New Hampshire. It matters, because too many servicemembers have not only braved the battlefields, but they also—while breathing in toxic fumes and burn—from burn pits and other means. You know, pits as big as a football field—100 yards long, 10 feet deep—that incinerate all the wastes of war, everything from tires to chemicals and jet fuel and so much more—so much more. Smoke thick with poison spreading through the air, into the lungs of many thousands of troops who lived and worked near them—in one of those burn pits. I know. I saw them in Iraq and Afghanistan. In my many times in and out, you could smell it in the air. And when our troops came home, many of the fittest, best trained warriors we've ever seen—we saw, like in 9/11 fighters—firefighters, they were incredibly helpful in my—making my case. Because what happened? Look at all those firefighters that died of cancer as a consequence of being exposed to those toxic fumes. Headaches, numbness, dizziness, trouble breathing, cancer, brain cancer. Folks, you've suffered long enough. You shouldn't have to prove that your illness came from their service. But thanks to the PACT Act, you don't have to prove it now. My son Beau was one of those veterans. So this is personal to me and my family and to his family and his children so—and so many of yours. So I took office; I determined that, come hell or high water, we were going to protect the heroes who protect our Nation. We learned a terrible lesson after Vietnam as those harmful effects of Agent Orange took years to manifest and left too many veterans without the care they deserved, because they had to prove that every illness they had was a consequence of Agent Orange, which was often too hard to do. That's why I cosponsored the Agent Orange Act as a Senator way back in 1991: to support veterans exposed to toxic substances in Vietnam. That's why I pushed to pass the PACT Act so today's veterans don't suffer the same painful, frustrating delays and denials. That's why we continue to work around the clock to get veterans benefits they deserve and get them now. Many of you and your family members and advocates fought for years to make this happen. Folks literally slept on the Capitol steps the week we were fighting this out the—in the Senate to get it done. They literally slept on the steps. After 41 Republican Senators—the vast majority of that caucus—voted against the bill, against expanding health care for disabled veterans, New Hampshire's congressional leaders worked hard to help push it through. And they all, the Senators and Congresswoman, stepped up. Since then, we've launched the biggest outreach campaign in VA history to make sure veterans in every State, Territory, and area know what the law does. First, it expands eligibility for VA health care. Today, toxic-exposed veterans who served during any conflict, not just the war in Iraq and Afghanistan, can enroll. Over 145,000 veterans are now getting care as a result of that one change. The law also provides regular toxic-exposure screenings to catch problems early when they can be dealt with. It expands access to disability benefits, including monthly payments for folks who have fallen sick. And we've made those benefits effective immediately—no wait, immediately. The law is—look, the bottom line is, people not being sure we'd get it done without a lot of complication. The law invests in new facilities, new research, more health care workers at VA hospitals. And I'm committed to making the long-needed upgrades in the facilities—the VA's facilities right here in New Hampshire. For families who have lost a loved one, the PACT Act means monthly stipends of about $3,000 a month for a surviving spouse with two children. And by the way, the surviving spouse gets those benefits for the rest of their lives. It means tuition benefits for children to go to college, to get job training. I'll never make up for the lost—you lost a piece of your soul: a husband, wife, son, daughter. But we owe it to folks, all of the—everyone—everyone we can to help put their lives back together, because it's tough stuff. In America, we leave no veteran behind. That's the motto. On my way here today, I met with veterans named Lisa Clark over at the VFW. She served in the Air Force, where she met her husband, a combat engineer who served in Vietnam. They were together 42 years. He was exposed to Agent Orange during his time in Vietnam. And last year, he passed away from cancer. Thanks to the PACT Act, the burden was not on Lisa to prove the Agent Orange caused his cancer. And thanks to that, the PACT Act, Lisa now receives $1,600 a month in survivor benefits. It doesn't take away the pain of losing her husband, but it allowed her to keep living in the same home they shared for 20 years. Service is a tradition in Lisa's family and so many of your families that are in this room today. Her dad Anthony joined the Navy when he was 18 years old, served in World War II. He's now 96 years old, and I think he's here in the room today. Where are you, Dad? [*Applause*] Thank you. Like my deceased father-in-law, as we say in the Catholic church, "No purgatory for this guy." Five daughters. [*Laughter*] Straight to Heaven. And by the way, I say to every young man thinking of getting married: Marry into a family of five or more daughters. I did. My wife is the oldest of five sisters. You know why? One of them will always love you. [*Laughter*] Not the same one. One of them is always—be on your side. That's the biggest advantage of marrying into five daughters. [*Laughter*] Lisa's brother-in-law and nephew also served in Iraq and Afghanistan. They were exposed to toxic burn kits [pits; White House correction]. Because they're both fighting lung—now, because of that, they're fighting lung and heart disease. But the PACT Act is finally getting them the VA benefits they deserve. Lisa has called it a "game changer," and says vets—volunteers—and she volunteers at the VA in Manchester to, quote, as she says, "to give something back." She's already given a lot. Lisa, you spent years giving back. It's time we have your back and have it now. And by the way, that's literally what the PACT Act does. I'm asking everyone to help spread the word. As a—go to VA.gov/PACT—P-A-C-T—and apply for VA health care, get screened for toxic exposure, and file a claim. Or go to your VA or veterans organization for help. They have staff from the VA here today to help sign you up if you need that help. Folks, in the last year, the VA delivered more benefits and processed more overall claims than ever in the entire history of the VA. And since I took office, we have passed over 30 bipartisan laws supporting veterans and their families, caregivers, and survivors. We've increased resources to end veteran homelessness; hired and trained hundreds of additional mental health providers, specifically to help veterans end the silent scourge of veteran suicide; and—while recruiting veterans to help other veterans to understand what's going on and what they're going through. Asking for help is a sign of strength. And reaching out to your fellow vets to saves lives—it's not a weakness. We're also working to protect veterans from scammers who target their benefits. No one should be defrauded in a nation they defended. You know, and through my wife Jill's work in Joining Forces, we've taken the most comprehensive actions in history to expand economic opportunity for military spouses and veteran spouses, caregivers, and survivors. That means jobs, trainings, childcare, eldercare, and more. Today's veterans unemployment rate is near a record low of 3.2 percent as a consequence of all this. We have a lot more to do, but our plan is working. Let me close with this. After I signed the PACT into—PACT Act into law, I handed the pen that I signed it with—which is a tradition to the most—person most responsible for the legislation—to a widow and her daughter of the late Sergeant First Class Heath Robertson [Robinson; White House correction]. They fought for years to see it passed. And the—finally, the family that suffered the greatest loss turned its pain into purpose to help others. That's courage. That's character. That's America. We came together to keep our promises. Veterans, you are the solid steel spine of our Nation, and that's not hyperbole. Your families are the courageous heart. Generations of patriots have stood on the frontlines of freedom, each one of them—each one—a link in a chain of honor stretching back to our founding days. Just as you have done your duty to America in the past, you're doing it—they're—we're now, finally, beginning to do our duty to you. The United States of America—that's who we are, and there's nothing—nothing—beyond our capacity when we act together. We've got to remember who we are. We're the United States of America. Nothing is beyond our capacity. May God bless our veterans, and may God protect our troops. Thank you very much. NOTE: The President spoke at 1:33 p.m. at the Westwood Park YMCA. In his remarks, he referred to MSG Nicole Lyon, USA, of Hudson, NH; Anthony Catuogno, father, and Paula Catuogno, Susan DeSantis, Judith Goodwin, and Joy Greene, sisters, of Merrimack, NH, resident Lisa M. Clark; and Columbus, OH, resident Danielle Robinson and her daughter Brielle. He also referred to his grandchildren Natalie P. and R. Hunter Biden II, children of the President's deceased son Joseph R. "Beau" Biden III; and his sisters-in-law Bonny and Kelly Jacobs, Jan Hartman, and Kim Snow. Categories: Addresses and Remarks : Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 in Nashua, NH. Locations: Nashua, NH. Names: Biden, Jill T.; Catuogno, Anthony; Catuogno, Paula; Clark, Lisa M.; DeSantis, Susan; Goodwin, Judith; Greene, Joy; Hartman, Jan; Hassan, Margaret Wood; Jacobs, Bonny; Jacobs, Kelly; Kuster, Ann McLane; Lynch, John; Lynch, Susan; Lyon, Nicole; McDonough, Denis R.; Robinson, Brielle; Robinson, Danielle; Shaheen, C. Jeanne; Snow, Kim. Subjects: Military families; Military spouses, employment and job training support; New Hampshire, President's visit; Secretary of Veterans Affairs; September 11, 2001, terrorist attacks; Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022; U.S. servicemembers, environmental exposures in war zones; U.S. servicemembers, service and dedication; Unemployment rate; Veterans benefits; Veterans Health Administration; Veterans, health and medical care; Veterans, mental health services, improvement efforts; Veterans, service and dedication. DCPD Number: DCPD202400439.

usgpo

2024-06-24T00:12:40.244128

DCPD-202400493

Remarks Prior to a Meeting With President Volodymyr Zelenskyy of Ukraine in Paris, France

Administration of Joseph R. Biden, Jr., 2024 June 7, 2024 President Biden. Mr. President, it's good to see you again. Good to be by your side. President Zelenskyy. Good to see you too. Thank you so much. President Biden. I—you know, as I said yesterday at the American Cemetery, the Ukrainian people have been incredibly brave, never given up, never staying—never—never even yielding, and it's impressive. And you saw the reception you received when everyone stood and gave you a standing ovation. And they deserve it—you deserve it. And you know, you haven't bowed down. You haven't yielded at all. You continue to fight in a way that is—it's just remarkable. It's remarkable. And I'm—we're not going to walk away from you. I apologize for the—those weeks of not knowing what was going to pan—in terms of funding, because we had trouble getting the—a bill that we had to pass that had the money in it— from some of our very conservative Members who were holding it up. But we got it done, finally. And, since then, including today, I've announced six packages of significant funding. Today I'm also signing an additional package for $225 million to help you reconstruct the electric grid. And once we got the national security bill passed—that was a political issue—we were able to get it all done. And the way you've stood and holding on—and holding the line in Kharkiv, and you've proven once again the people of Ukraine cannot and will never be—will retake it. And I assure you the United States is going to stand with you. I've said that all during this debate, and I continue to say it. The United States is standing with you. You are the bulwark against the aggression that's taken place. We have an obligation to be there. And so I'm looking forward to having a detailed discussion with you about where we'll go from here. But we're still in completely, thoroughly. Thank you. President Zelenskyy. Thank you so much, Mr. President. First of all, thank you so much for your significant support—you, your administration. Well, we're very thankful from all Ukrainians to your military support, financial support, humanitarian one. And of course, it's very important. And our meeting here is very symbolic. It's very important that you stay with us. This bipartisan support with the Congress—it's very important that in this unity, the United States of America, all American people stay with Ukraine. Like it was during World War II, how the United States helped to save human lives, to save Europe—and we count on your continuing support and standing with us shoulder to shoulder. Thank you so much. And this big package which has been signed and supported and voted, and it's very important. It's so necessary for this—for the feeling of our people that we are not alone. We are with you, with our strategic partner. And of course, we'll—I want, today, to speak about strengthening of Kharkiv region. You said already, it's so important. And your decisions have been very, very—had a very positive influence. I don't want to share it—everything, all the details—with press. Sorry. But I think there are some details from the battlefield which you have—which you need to hear from us. We are thankful for this. Also, I want to speak about air defense totally on our territory. And we are thankful for participation in peace summit on the level of Vice President. Thank you so much. We think that we will have more than 100 countries, and I hope that it will be a first step on this way to peace. We need peace in Ukraine, but we will stay—anyway—stay strong. And of course, I want to discuss some future events. Thank you, again. President Biden. Thank you. NOTE: The President spoke at 12:50 p.m. at the InterContinental Paris Le Grand hotel. Categories: Meetings With Foreign Leaders and International Officials : Ukraine, President Zelenskyy. Locations: Paris, France. Names: Zelenskyy, Volodymyr. Subjects: France, President Biden's visit; Russia, conflict in Ukraine; Ukraine, President; Ukraine, Russian invasion and airstrikes; Ukraine, U.S. assistance. DCPD Number: DCPD202400493.

usgpo

2024-06-24T00:12:40.639300

DCPD-202400492

Joint Statement by the Leaders of the United States, Argentina, Austria, Brazil, Bulgaria, Canada, Colombia, Denmark, France, Germany, Poland, Portugal, Romania, Serbia, Spain, Thailand, and the United Kingdom on the Situation in Gaza, Palestinian Territories

Administration of Joseph R. Biden, Jr., 2024 June 6, 2024 As leaders of countries deeply concerned for the hostages held by Hamas in Gaza, including many of our own citizens, we fully support the movement towards a ceasefire and hostage release deal now on the table and as outlined by President Biden on May 31, 2024. There is no time to lose. We call on Hamas to close this agreement, that Israel is ready to move forward with, and begin the process of releasing our citizens. We note that this agreement would lead to an immediate ceasefire and rehabilitation of Gaza together with security assurances for Israelis, and Palestinians, and opportunities for a more enduring long-term peace and a two-state solution. At this decisive moment, we call on the leaders of Israel as well as Hamas to make whatever final compromises are necessary to close this deal and bring relief to the families of our hostages, as well as those on both sides of this terrible conflict, including the civilian populations. It is time for the war to end and this deal is the necessary starting point. NOTE: An original was not available for verification of the content of this joint statement. Categories: Joint Statements : Argentina, Austria, Brazil, Bulgaria, Canada, Colombia, Denmark, France, Germany, Poland, Portugal, Romania, Serbia, Spain, Thailand, and United Kingdom, situation in Gaza, Palestinian Territories. Subjects: Arab-Israeli conflict, peace process; Gaza, conflict with Israel; Gaza, hostages held by Hamas; Gaza, humanitarian situation; Hamas political-paramilitary organization; Israel, military operations in Gaza. DCPD Number: DCPD202400492. 1

usgpo

2024-06-24T00:12:40.753895

DCPD-2024DIGEST

Digest of Other White House Announcements

Administration of Joseph R. Biden, Jr., 2024 June 14, 2024 The following list includes the President's public schedule and other items of general interest announced by the Office of the Press Secretary and not included elsewhere in this Compilation. January 1 In the morning, from his vacation residence in St. Croix, VI, the President, joined by Vice President Kamala D. Harris, had a telephone conversation with his national security team to discuss the latest developments in the Middle East and receive a briefing on the earthquake off the western coast of Japan. January 2 In the morning, at his vacation residence in St. Croix, VI, the President had an intelligence briefing. In the evening, the President and Dr. Biden traveled to Christiansted, VI, where, prior to departure from the Henry E. Rohlsen Airport, they participated in a photo line with Gov. Albert Bryan, Jr., Rep. Stacey E. Plaskett, Federal Emergency Management Agency U.S. Virgin Islands Joint Recovery Office Director Kristen Hodge, friends Honica Jeffers, Nadia Bougounea, Christopher Wilson, Bill Bohlke, William and Sanni Craft, Bill and Connie Neville, and local fire and police personnel. Then, they returned to Washington, DC. Their granddaughter Natalie and her friend accompanied them. Upon arrival on the South Lawn at the White House, after exiting Marine One, the President answered a reporter's question. During the day, the President had a telephone conversation with Mayor Cherelle L. Parker of Philadelphia, PA, to congratulate her on her swearing-in. The White House announced further details on the President and Dr. Biden's travel to Wilmington, DE, and Philadelphia, PA, on January 5 and 6. January 3 In the morning, in the Oval Office, the President had an intelligence briefing. In the afternoon, the President had lunch with a group of scholars and historians, including Eddie S. Glaude, Jr., Sean Wilentz, Annette Gordon-Reed, Beverly Gage, Heather Cox Richardson, and Jon Meacham, to discuss ongoing threats to democracy and democratic institutions both domestically and abroad. The White House announced that the President and Dr. Biden will travel to the Philadelphia, PA, area on January 5. The White House announced that the President will travel to South Carolina on January 8. January 4 In the morning, the President had an intelligence briefing. During the day, the President was informed by White House Chief of Staff Jeffrey D. Zients and National Security Adviser Jacob J. Sullivan that Secretary of Defense Lloyd J. Austin had been hospitalized at Walter Reed National Military Medical Center in Bethesda, MD. January 5 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to New Castle, DE. Upon arrival at Delaware Air National Guard Base, he was joined by Dr. Biden. Then, they traveled to King of Prussia, PA, where, upon arrival at the Valley Forge National Historical Park, they were greeted by Superintendent Rosalyn "Rose" Fennell, National Park Service program manager Brent Coons, interpretive park ranger Bethany Dhunjisha, and National Park Service facility manager Jennifer McMenamin. Then, they observed a wreath-laying ceremony at the National Memorial Arch, a monument to Gen. George Washington's army encampment at Valley Forge during the winter of 1777–1778, visited the stone house where Washington quartered during the campaign, and spoke with park staff. Later, they traveled to Blue Bell, PA, where, upon arrival at Montgomery County Community College, they were greeted by Gov. Joshua D. Shapiro of Pennsylvania, Sen. John K. Fetterman, Reps. Brendan F. Boyle, Dwight E. Evans, Mary Gay Scanlon, and Madeleine C. Dean. He also recorded an interview with Boston College historian Heather Cox Richardson for broadcast online. Later in the afternoon, the President and Dr. Biden traveled to New Castle, DE. In the evening, upon arrival at Delaware Air National Guard Base, the President and Dr. Biden traveled to their residence, where they remained overnight. During the day, the President was briefed on the shooting at Perry High School in Perry, IA. The White House announced that the President will travel to Dallas, TX, on January 8. January 6 In the afternoon, at Fieldstone Golf Club, the President had lunch with former Sen. Edward E. Kaufman. Then, he returned to his residence, where he remained overnight. During the day, the President had a telephone conversation with Secretary of Defense Lloyd J. Austin III to wish Secretary Austin a speedy recovery following his hospitalization. The White House announced further details on the President's travel to Charleston, SC, and Dallas, TX, on January 8. January 7 The President declared a major disaster in Rhode Island and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms, flooding, and tornadoes from September 10 through 13, 2023. January 8 In the morning, the President had an intelligence briefing. Then, he traveled to Charleston, SC. Upon arrival at Joint Base Charleston, he was greeted on the tarmac by Rep. James E. Clyburn; Democratic National Committee Chairman Jaime R. Harrison; and 628th Air Base Wing Commander Col. Michael A. Freeman, USAF, and Command Chief CMS David C. Snarr, USAF. In the afternoon, following his remarks at Emanuel African Methodist Episcopal Church, the President met with faith leaders and survivors and family members of the victims of the 2015 shooting at the church. While en route to Joint Base Charleston, he and Rep. Clyburn stopped at Hannibal's Kitchen restaurant, where the President met with owner L.J. Huger and his daughters Safiya Grant and Felicity Huger and greeted patrons. While at the restaurant, he also recorded an interview with Geno Jones of Star 99.7 FM in Charleston for later broadcast. Later, upon arrival at Joint Base Charleston, he was greeted on the tarmac by Mayor Reggie Burgess of North Charleston, SC, and his wife Tracy, and former Mayor John J. Tecklenburg of Charleston. Then, he and Rep. Clyburn traveled to Dallas, TX, arriving in the evening. In the evening, upon arrival at Dallas Love Field Airport, the President, accompanied by Rep. Clyburn, traveled to Concord Church in Dallas, the site of a memorial service for former Rep. Eddie Bernice Johnson. Upon arrival, he was greeted by Pastors Bryan L. Carter of Concord Church, S.M. Wright II of People's Missionary Baptist Church in Dallas, Michael W. Waters of Abundant Life A.M.E. Church in Dallas, Michael R. Hubbard, Sr., of Hopewell Missionary Baptist Church in Dallas, and Denny D. Davis, Sr., of St. John Church Unleashed in Grand Prairie and Southlake, TX. Then, in the church sanctuary, prior to the memorial service, he paid his respects to Rep. Johnson. Then, he returned to Washington, DC, arriving early the following morning. The President announced his intention to nominate Jennifer D. Gavito to be Ambassador to Libya. The President announced his intention to nominate Vanesa Soledad Simon to be a member of the National Council on the Arts. January 9 In the morning, the President was informed by White House Chief of Staff Jeffrey D. Zients that Secretary of Defense Lloyd J. Austin III had been diagnosed with prostate cancer. In the afternoon, in the Oval Office, the President had an intelligence briefing. He was also briefed by his national security team, including National Security Adviser Jacob J. Sullivan, Secretary Austin, Chairman of the Joint Chiefs of Staff Gen. Charles Q. "C.Q." Brown, Jr., USAF, and Secretary of State Antony J. Blinken, on the situation in Israel and Gaza and the attacks underway by Houthi forces on commercial shipping vessels in the Red Sea. Secretary Austin joined the briefing virtually from Walter Reed National Military Medical Center in Bethesda, MD. Following the Houthi attacks, the President was presented with and approved options for U.S. airstrikes against Houthi forces in Yemen. The White House announced that the President will travel to the Allentown, PA, area on January 12. January 10 In the morning, in the Oval office, the President and Vice President Kamala D. Harris had an intelligence briefing. In the afternoon, in the Private Dining Room, the President and Vice President Harris had lunch. Later, he met with Elizabeth Whelan to discuss administration efforts to secure the release of her brother Paul N. Whelan, a U.S. citizen who was arrested and detained on espionage charges by Russian security services in Moscow, Russia, on December 28, 2018. National Security Adviser Jacob J. Sullivan also attended. Following the meeting, the President had a telephone conversation with Mr. Whelan's parents Edward and Rosemary Whelan. During the day, the President had a telephone conversation with Speaker of the House of Representatives J. Michael Johnson. He also met with National Security Adviser Jacob J. Sullivan. The White House announced additional details on the President's travel to the Allentown, PA, area on January 12. The President announced his intention to nominate Amir H. Ali to be a judge on the U.S. District Court for the District of Columbia. The President announced his intention to nominate Melissa R. DuBose to be a judge on the U.S. District Court for the District of Rhode Island. The President announced his intention to nominate Sunil R. Harjani to be a judge on the U.S. District Court for the Northern District of Illinois. The President announced his intention to nominate Rebecca S. Kanter to be a judge on the U.S. District Court for the Southern District of California. The President announced his intention to nominate Robert J. White to be a judge on the U.S. District Court for the Eastern District of Michigan. The President announced his intention to nominate Jasmine H. Yoon to be a judge on the U.S. District Court for the Western District of Virginia. January 11 In the morning, in the Oval office, the President had an intelligence briefing. The President announced the designation of the following individuals as members of a Presidential delegation to attend the Inauguration of Bernardo Arévalo as President of Guatemala in Guatemala City, Guatemala, on January 14: Samantha Power (head of delegation); Patrick Ventrell; Norma J. Torres; J. Luis Correa; Philip H. Gordon; Katie Tobin; Brian A. Nichols; and Tobin J. Bradley. The President announced his intention to nominate Nelson W. Cunningham to be Deputy U.S. Trade Representative. The President announced his intention to nominate James R. Ives to be Inspector General of the Department of the Treasury. The President announced his intention to nominate Stephen Ravas to be Inspector General of the Corporation for National and Community Service. The President announced his intention to nominate Leonardo Martinez-Diaz to be U.S. Executive Director of the International Bank for Reconstruction and Development. The President announced his intention to nominate Anne Marie Wagner to be a member of the Federal Labor Relations Authority. January 12 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Allentown, PA. Upon arrival at Lehigh Valley International Airport, he was greeted on the tarmac by Gov. Joshua D. Shapiro of Pennsylvania, Sen. Robert P. Casey, Jr., and Mayor Matthew Tuerk of Allentown. Then, he and Gov. Shapiro traveled to Emmaus, PA, where they visited the Emmaus Run Inn athletic shoe and equipment store and greeted owner Sean Linehan and his wife Nicole. Then, they visited South Mountain Cycle and Cafe, where they greeted co-owners Chad and Heather Balliet and their son Melvin. Then, they visited Nowhere Coffee Co., where they greeted owners Juan and Lauren Vargas and met with employees and customers, and the President ordered a smoothie. Later in the afternoon, the President traveled to Allentown, where he visited the Allentown Fire Academy. Upon arrival, he was greeted by Gov. Shapiro, Small Business Administration Administrator Isabel Casillas Guzman, Sen. Casey, Rep. Susan E. Wild, Mayor Tuerk, Borough Mayor Lee Ann Gilbert of Emmaus, Allentown Fire Department Assistant Chief of Training Matt Eharth, International Association of Fire Fighters Local 302 President Jeremy Warmkessel, Pennsylvania Professional Fire Fighters Association President Robert Brooks, and local firefighters. Later, he returned to Washington, DC, arriving in the evening. During the day, the President had a telephone conversation with Secretary of Defense Lloyd J. Austin III. The White House announced that the President will travel to South Carolina on January 27 and 28. The White House announced that the President will travel to Camp David, MD, on January 13 and 14. The White House announced that the President will travel to Philadelphia, PA, on January 15. The White House announced that the President will host the U.S. Conference of Mayors Winter Meeting at the White House on January 19. The President announced the designation of Secretary of Commerce Gina M. Raimondo as head of a Presidential trade and investment mission to the Philippines on March 11 and 12. January 13 In the morning, the President traveled to Camp David, MD, where he remained overnight. The President declared an emergency in Connecticut and ordered Federal assistance to supplement State, Tribal, and local response efforts due to the emergency conditions resulting from severe storms, flooding, and a potential dam breach beginning on January 10 and continuing. January 14 The White House announced further details on the President's travel to Philadelphia, PA, on January 15. January 15 In the morning, at Camp David, MD, the President had an intelligence briefing. Later, he traveled to Philadelphia, PA. Upon arrival at the Philadelphia International Airport, he was greeted on the tarmac by Rep. Dwight E. Evans, former Rep. Robert A. Brady, Lt. Gov. Austin Davis of Pennsylvania, and Mayor Cherelle L. Parker of Philadelphia. Then, at the Philabundance food bank, he was greeted by Mayor Parker, Philabundance Chief Executive Officer Loree D. Jones, and AmeriCorps Chief Executive Officer Michael D. Smith, AmeriCorps Chair of the Board of Directors Catherine McLaughlin, and volunteers and participated in a service project in observance of Martin Luther King, Jr., Day. In the afternoon, the President returned to Washington, DC. Later, he participated in a live telephone interview with National Action Network (NAN) founder Alfred C. Sharpton, Jr., during NAN's Annual King Day Public Policy Forum. January 16 In the morning, the President had an intelligence briefing. He also had a telephone conversation with Chancellor Olaf Scholz of Germany to discuss the coordination of ongoing joint support to Ukraine in the face of Russia's war of aggression, reaffirm their support for Israel's right to self-defense, and stress the imperative of protecting civilians in Gaza and ensuring the flow of humanitarian aid. The White House announced that the President will travel to the Raleigh-Durham, NC, area on January 18. The President announced the designation of the following individuals as members of a Presidential delegation to attend the Inauguration of Félix Tshisekedi as President of the Democratic Republic of the Congo in Kinshasa, Democratic Republic of the Congo, on January 20: Scott Nathan (head of delegation); Lucy Tamlyn; Mary Catherine Phee; Monde Muyangwa; and Chidi Blyden. January 17 In the morning, the President had an intelligence briefing. In the afternoon, in the Cabinet Room, the President met with Senate Majority Leader Charles E. Schumer and Minority Leader A. Mitchell McConnell, Speaker of the House of Representatives J. Michael Johnson and Minority Leader Hakeem S. Jeffries, and chairs and ranking members of the House and Senate Intelligence, Armed Services, and Appropriations Committees and the Senate Foreign Relations and House Foreign Affairs Committees to discuss the importance of his supplemental budget request to continue funding national security priorities, including assistance to Ukraine in its defense against Russia's invasion and additional border security resources. During the day, the President participated in an interview with Evan Osnos for the New Yorker magazine. January 18 In the morning, the President had an intelligence briefing. Later, he traveled to Morrisville, NC, arriving in the afternoon. In the afternoon, upon arrival at the Raleigh-Durham International Airport, the President was greeted on the tarmac by Gov. Roy A. Cooper III of North Carolina. Then, he and Gov. Cooper traveled to Raleigh, NC, where, at the Abbotts Creek Community Center, they participated in photo line with North Carolina State Senate Democratic Leader Dan Blue, State Sen. Mary Wills Bode, State Rep. Joe John, and State Auditor Jessica N. Holmes. Later, the President and Gov. Cooper stopped at the Cook Out restaurant, where they greeted staff and patrons and the President purchased lunch and shakes for himself and Gov. Cooper. Then, at a private residence, the President met with the family of an educator who had a significant amount of student debt forgiven under his policies. Later in the afternoon, the President returned to Washington, DC, arriving in the evening. The White House announced that the President, Dr. Biden, and Vice President Kamala D. Harris and her husband Douglas C. Emhoff will travel to Northern Virginia on January 23. The President announced the designation of the following individuals as members of a Presidential delegation to attend the Inauguration of Hilda C. Heine as President of the Marshall Islands in Majuro, Marshall Islands, on January 22: Chantale Wong (head of delegation); Henry Hand; Erika Moritsugu; and Carmen G. Cantor. The President announced his intention to appoint Doreen P. Greenwald as a member of the Federal Salary Council. The President announced his intention to appoint Juan A. Sabater as a member of the Financial Oversight and Management Board for Puerto Rico. The President announced his intention to appoint Timothy D. Murray as a member of the National Museum and Library Services Board. The President announced his intention to appoint Gregory C. Simon as a member of the President's Commission on White House Fellowships. The President announced his intention to appoint Daniel Mathews as a member of the Public Buildings Reform Board. January 19 In the morning, the President had an intelligence briefing. Also in the morning, he had a telephone conversation with Prime Minister Benjamin Netanyahu of Israel to discuss ongoing efforts to secure the release of all remaining hostages held by Hamas in Gaza, review the need to shift Israeli military action to targeted operations and enable the increased flow of humanitarian assistance, and welcome Israel's decision to permit the shipment of flour to the Palestinian people directly through Ashdod port while separate arrangements can be made for more direct maritime delivery of assistance into Gaza. The President also discussed the progress in ensuring that Palestinian Authority revenues be available to pay salaries, including for the Palestinian Security Forces in the West Bank, and Israel's responsibility to reduce civilian harm and protect the innocent in its military campaign within Gaza. The President reiterated his vision for durable peace and security for Israel fully integrated within the region through a two state-solution with Israel's security guaranteed. In the afternoon, in the East Room, following his remarks at the U.S. Conference of Mayors winter meeting, the President responded to questions from reporters. Later, he participated in a photo line with newly elected mayors. In the evening, the President traveled to Rehoboth Beach, DE, where, at his residence, he remained overnight. The President announced the designation of the following individuals as members of a Presidential delegation to attend the Inauguration of Joseph Boakai as President of Liberia in Monrovia, Liberia, on January 22: Linda Thomas-Greenfield (head of delegation); Catherine Rodriguez; Stephen K. Benjamin; Isobel Coleman; and Judd Devermont. January 21 In the morning, at the Egg restaurant, the President had breakfast. In the afternoon, the President and Dr. Biden traveled to Wilmington, DE, where, at the Congo Legacy Center, they paid their respects to former Wilmington City Council President Theodore Blunt, who died on January 12. Then, they traveled to Rehoboth Beach, DE,, where, at their residence, they remained overnight. During the day, the President and Dr. Biden had a telephone conversation with Dallas, TX, resident Kate Cox, who, after receiving a lethal fetal diagnosis, was denied access to an abortion by the Texas Supreme Court under Texas's restrictive abortion law and had to travel to another State to obtain an abortion. They thanked her for her courage in sharing her story and speaking out about the impact of the Texas law, and Dr. Biden invited Ms. Cox to join her as a guest at the President's State of the Union Address on March 7. January 22 In the morning, the President had an intelligence briefing. Then, he returned to Washington, DC. In the afternoon, the President had a telephone conversation with Prime Minister Rishi Sunak of the United Kingdom to discuss the ongoing attacks by Houthi forces against merchant and naval vessels transiting the Red Sea, reiterate their commitment to freedom of navigation, international commerce, and defending mariners from illegal attacks, stress the importance of increasing humanitarian aid and civilian protections in Gaza and securing the release of hostages held by Hamas, and reiterate their support for Ukraine as it defends itself against Russian aggression. The White House announced that the President will travel to Superior, WI, on January 25. January 23 In the morning, the President had an intelligence briefing. In the afternoon, the President and Dr. Biden traveled to Manassas, VA, where, at the Hylton Performing Arts Center, prior to his remarks, he met privately with Amanda Zurawski, plaintiff in the Texas Supreme Court case *Zurawski *v. *State of Texas*, and her husband Josh In the evening, the President and Dr. Biden returned to Washington, DC. The White House released further details on the President's travel to Superior, WI, on January 25. The President announced that White House Senior Adviser Michael C. Donilon and Deputy White House Chief of Staff Jen O'Malley Dillon will leave the White House to join the President's reelection campaign. January 24 In the afternoon, at the Marriott Marquis Washington, DC, hotel, following his remarks at the United Auto Workers National Community Action Program Conference, the President met with protesters who had interrupted his remarks to call for a cease-fire in the conflict between Israel and Hamas in Gaza. Later, in the Oval Office, he had an intelligence briefing. The White House announced that the President will travel to South Carolina on January 27 and 28. January 25 In the morning, the President had an intelligence briefing. Then, he traveled to Duluth, MN. Sens. Tammy S. Baldwin, Amy J. Klobuchar, and Tina Flint Smith accompanied him. Upon arrival at the Duluth International Airport, he was greeted on the tarmac by Gov. Timothy J. Walz of Minnesota, Gov. Anthony S. Evers of Wisconsin, Mayor Roger J. Reinert of Duluth, Mayor Jim Paine of Superior, WI, 148th Fighter Wing Commander Col. Nathan P. Aysta, USAF, and Command Chief CMS Jozef K. Miketin, USAF. Then, he traveled to Superior, WI, arriving in the afternoon. In the afternoon, upon arrival in Superior, WI, the President stopped at the John A. Blatnik Memorial Bridge, where he was greeted by Wisconsin Secretary of Transportation Craig Thompson, Northern Wisconsin Building and Construction Trades President Kyle Bukovich, International Union of Painters and Allied Trades District Council 82 President Jack Carlson, International Brotherhood of Electrical Workers Local 242 Business Manager Donald Smith, Laborers' International Union of North America Local 1091 Business Manager Dan Olson and Business Agent Derek Pederson, and Iron Workers Local 512 Region B Business Agent Keith Musolf. Later in the afternoon, following his remarks at Earth Rider Brewery in Superior, the President visited the brewery's Cedar Lounge tap room, where he met with Founder and Chief Executive Officer Tim Nelson and his wife Naomi and greeted brewery staff and taproom patrons. Govs. Evers and Walz, Sens. Baldwin, Klobuchar, and Smith, and local government, business, and labor leaders also attended. Then, he traveled to Duluth, MN. While en route, he, Gov. Evers, and Sens. Baldwin, Klobuchar, and Smith stopped at Superior Fire Department Local 74, where they greeted firefighters and shared coffee and baked goods. Later, upon arrival at the Duluth International Airport, the President returned to Washington, DC, arriving in the evening. Sen. Baldwin accompanied him. The White House announced that the President and Dr. Biden will welcome Prime Minister Fumio Kishida of Japan and his wife Yuko Kishida for a state visit to the U.S., including a state dinner at the White House, on April 10. The President announced his intention to nominate Tracey Ann Jacobson to be Ambassador to Iraq. The President announced his intention to nominate Patrick J. Fuchs to be a member of the Surface Transportation Board. January 26 In the morning, the President had an intelligence briefing. In the afternoon, the President met with White House Press Secretary Karine Jean-Pierre. During the day, the President had a telephone conversation with Amir Tamim bin Hamad Al Thani of Qatar to discuss the war in Gaza and efforts to secure the immediate release of all remaining hostages held by Hamas, affirm the centrality of a hostage deal to establishing a prolonged humanitarian pause in the fighting and ensuring that additional life-saving assistance reaches civilians throughout Gaza, underscore the urgency of the situation, welcome the close cooperation among their teams, commit to staying engaged until all hostages are reunited with their families, and reaffirm their shared vision of a peaceful, secure, and integrated Middle East region. Also during the day, he had a telephone conversation with President Abdelfattah Said Elsisi of Egypt to discuss the war in Gaza and efforts to secure the release of the hostages, thank President Elsisi for Egypt's important role in this process, affirm that need to conclude a deal that would result in the release of all hostages together with a prolonged humanitarian pause in the fighting, discuss efforts to increase the delivery of humanitarian assistance throughout Gaza, and agree to continue close coordination to set the conditions for a durable and sustainable peace in the Middle East, including the establishment of a Palestinian state and equal measures of dignity and security for Palestinians and Israelis alike. The White House announced that the President will travel to the Palm Beach and Miami, FL, areas on January 30. January 27 In the afternoon, the President traveled to West Columbia, SC. Upon arrival at the Columbia Metropolitan Airport, he was greeted on the tarmac by Rep. James E. Clyburn and his guest Virginia Newman and Mayor Temus C. "Tem" Miles, Jr., of West Columbia, his wife Catherine, and daughter Cate. Then, he, Rep. Clyburn, and Ms. Newman traveled to Columbia, SC, where, at the Regal Lounge Men's Barber and Spa, they were greeted by co-owners Landry and Chynna Phillips, and the President visited with customers, stylists, and staff. White House Press Secretary Karine Jean-Pierre, Director of the Office of Public Engagement Stephen K. Benjamin, and Principal Deputy Campaign Manager Quentin Fulks also attended. In the evening, at the Sheraton Columbia Downtown Hotel, the President remained overnight. The White House announced that the President will welcome Chancellor Olaf Scholz of Germany to the White House on February 9. January 28 In the morning, the President and Rep. James E. Clyburn and his guest Virginia Newman traveled to the Saint John Baptist Church. Later, the President returned to the Sheraton Columbia hotel. He was also briefed on the attack against U.S. servicemembers in northeastern Jordan near the Syria border by Secretary of Defense Lloyd J. Austin III, National Security Adviser Jacob J. Sullivan, and Principal Deputy National Security Adviser Jonathan Finer. In the afternoon, the President and Vice President Kamala D. Harris received a briefing from members of their national security team on the attack on U.S. servicemembers and coalition partners in northeastern Jordan by Iran-backed militant groups. Participants included National Security Adviser Sullivan, Secretary of State Antony J. Blinken, Secretary Austin, Chairman of the Joint Chiefs of Staff Gen. Charles Q. "C.Q." Brown, Jr., USAF, Director of National Intelligence Avril D. Haines, Central Intelligence Agency Director William J. Burns, U.S. Permanent Representative to the United Nations Linda Thomas-Greenfield, Principal Deputy National Security Adviser Finer, and White House Chief of Staff Jeffrey D. Zients. Later in the afternoon, the President traveled to West Columbia, SC, where, at the Brookland Baptist Church Banquet and Conference Center, Edna Knight presented the President with a hand-crocheted American flag. Later, he returned to Washington, DC. The White House announced further details on the President's travel to Palm Beach, FL, on January 30. The White House announced further details on the President's travel to Miami, FL, on January 30. January 29 In the morning, in the Oval Office, the President had an intelligence briefing. He also met in the Situation Room with members of his national security team, including National Security Adviser Jacob J. Sullivan, Secretary of Defense Lloyd J. Austin III, Director of National Intelligence Avril D. Haines, White House Chief of Staff Jeffrey D. Zients, Principal Deputy National Security Adviser Jonathan Finer, Homeland Security Adviser Elizabeth D. Sherwood- Randall, and National Security Council Coordinator for the Middle East Brett H. McGurk, to discuss the latest developments regarding the January 28 attack on U.S. servicemembers in northeastern Jordan near the Syria border as well as various U.S. response options. January 30 In the morning, the President had an intelligence briefing. He also had separate telephone conversations with family members of Sgt. William J. Rivers, USA, Spc. Kennedy L. Sanders, USA, and Spc. Breonna A. Moffett, USA, Army Reserve soldiers who were killed in a drone attack while on assignment in support of Operation Inherent Resolve in northeastern Jordan near the Syria border on January 28, to offer his condolences and request to be present at the dignified transfer of remains at Dover Air Force Base scheduled for February 2. Later, he traveled to West Palm Beach, FL, arriving in the afternoon. In the afternoon, upon arrival at the Palm Beach International Airport, the President was greeted on the tarmac by Mayor Keith A. James of West Palm Beach and Mayor Maria Sachs of Palm Beach County, FL. Then, he traveled to Jupiter, FL. Later, he returned to West Palm Beach, where, at the Palm Beach International Airport, he visited with his brother Frank aboard Air Force One. Then, he traveled to Miami, FL. Upon arrival at the Miami International Airport, he was greeted on the tarmac by MayorDaniella Levine Cava of Miami-Dade County, FL. In the evening, the President returned to Washington, DC. The White House announced that the President will travel to Michigan on February 1. The President declared a major disaster in West Virginia and ordered Federal assistance to supplement State and local recovery efforts in the areas affected by severe storms, flooding, landslides, and mudslides from August 28 through 30, 2023. The President declared a major disaster in Maine and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe storm and flooding from December 17 through 21, 2023. January 31 In the morning, the President had an intelligence briefing. In the afternoon, in the Private Dining Room, the President and Vice President Kamala D. Harris had lunch. The White House announced that the President and Dr. Biden will travel to Dover Air Force Base, DE, on February 2 to meet with the families of Sgt. William J. Rivers, USA, Spc. Kennedy L. Sanders, USA, and Spc. Breonna A. Moffett, USA, who were killed in northeastern Jordan on January 28, and witness the dignified transfer of remains. The White House announced further details on the President's travel to Harrison Township, MI, on February 1. The White House announced that the President had accepted an invitation from Mayor Trent Conaway of East Palestine, OH, to visit the town and meet with residents in February. The White House announced the appointment of John R. Podesta as Special Presidential Envoy for Climate. The President declared a major disaster in New York and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe storm and flooding from September 28 through 30, 2023. February 1 In the morning, the President had an intelligence briefing. Later, upon arrival at the U.S. Capitol for the National Prayer Breakfast, he was greeted by House of Representatives Sergeant at Arms William McFarland and answered a reporter's question. In the afternoon, the President traveled to Harrison Township, MI. Upon arrival at Selfridge Air National Guard Base, he was greeted on the tarmac by Gov. Gretchen E. Whitmer and Lt. Gov. Garlin Gilchrist II of Michigan, County Executive Mark A. Hackel of Macomb County, MI, 127th Wing Command Chief CMS Richard D. Gordon, USAF, and Vice Commander Col. David J. Spehar, USAF, Michigan Air National Guard Assistant Adjutant General Brig. Gen. Bryan J. Teff, USAF, and United Auto Workers President Shawn Fain. Then, he traveled to Harper Woods, MI, where, at the They Say restaurant, he greeted staff and patrons and met with Black faith leaders. Sens. Deborah A. Stabenow and Gary C. Peters and Rep. Deborah A. Dingell also attended. Later, he traveled to Warren, MI, where, at the UAW Region 1 Union Hall, he greeted volunteers making phone calls ahead of the State's Presidential primary on February 27 and met with union members. UAW President Fain, Gov. Whitmer, Sens. Peters and Stabenow, and Rep. Dingell also attended. In the evening, at the Simple Palate Restaurant, the President attended a political meeting. In the evening, the President traveled to Philadelphia, PA. Upon arrival at the Philadelphia International Airport, he traveled to Greenville, DE, where, at his residence, he remained overnight. During the day, the President had a telephone conversation with President Ursula von der Leyen of the European Commission to discuss the European Union's decision at the European Council to approve 50 billion euros in additional financial support to Ukraine, commend the EU's steadfast support for Ukraine as it continues to defend itself against Russian aggression, and emphasize the critical importance of sustained U.S. support as indispensable to Ukraine's efforts to defend its people, cities, and soldiers in its fight for freedom. The President announced his intention to nominate Rose E. Jenkins, Adam B. Landy, and Kashi Way to be judges on the U.S. Tax Court. February 2 In the morning, the President had an intelligence briefing. Later, he and Dr. Biden traveled to Dover Air Force Base, DE. Upon arrival, they were greeted on the tarmac by 436th Airlift Wing Commander Col. William "Chris" McDonald, USAF, and his wife Diana, Command Chief CMS Carolyn A. Russell, USAF, and her husband SMSgt. Leon Russell, Jr., USAF, and Air Force Mortuary Affairs Operations Deputy Commander Lt. Col. Crystal A. Glaster, USAF, and Acting Senior Enlisted Leader SMSgt. Cherie Burns, USAF. In the afternoon, in the Center for Families of the Fallen at Dover Air Force Base, the President and Dr. Biden met with family members of Sgt. William J. Rivers, USA, Spc. Kennedy L. Sanders, USA, and Spc. Breonna A. Moffett, USA, who were killed in the drone attack in northeastern Jordan on January 28. Then, they witnessed the dignified transfer of remains. Secretary of Defense Lloyd J. Austin III, Chairman of the Joint Chiefs of Staff Gen. Charles Q. "C.Q." Brown, Jr., USAF, Secretary of the Army Christine E. Wormuth, Army Chief of Staff Randy A. George, Chief of Army Reserve and Army Reserve Command Commanding General Lt. Gen. Jody J. Daniels, and other military officials also attended. Later, they returned to Greenville, DE, where, at their residence, they remained overnight. The White House announced that the President will travel to Los Angeles, CA, on February 3 and Las Vegas, NV, on February 4 and 5. The White House announced that the President, Dr. Biden, and Vice President Kamala D. Harris and her husband Douglas C. Emhoff will host a reception for Black History Month at the White House on February 6. The White House announced that the President will travel to New York City on February 7. The White House announced that the President will travel to Leesburg, VA, on February 8. The White House announced that the President will delivery remarks at the House Democratic Caucus Issues Conference on February 8. February 3 In the morning, at the cemetery adjacent to the St. Joseph on the Brandywine Roman Catholic Church, the President and Dr. Biden visited the gravesites of their son Beau and the President's first wife Nelia and his daughter Naomi. Then, they traveled to Wilmington, DE, where, at his reelection campaign headquarters, they and Vice President Kamala D. Harris and her husband Douglas C. Emhoff met with staff members and supporters. In the afternoon, the President and Dr. Biden traveled to Philadelphia, PA. Upon arrival at Philadelphia International Airport, they traveled to Los Angeles, CA. Later, upon arrival at Los Angeles International Airport, they were greeted by Sen. Alejandro Padilla, Rep. Maxine M. Waters, and members of their families. Then, the President traveled to Santa Monica, CA. Upon arrival, he traveled to the Bel Air neighborhood of Los Angeles, where, at a private residence, he attended a campaign meeting. Also in the afternoon, the President had a telephone conversation with President Andrés Manuel López Obrador of Mexico to discuss challenges at the Mexico-U.S. border, express his appreciation for Mexico's assistance in deterring irregular migration while expanding lawful pathways to the U.S., reiterate their shared commitment to countering transnational criminal organizations involved in the illicit trafficking of drugs, guns, and people, and agree to continue close cooperation in improving the lives of U.S. and Mexican citizens and advancing opportunities throughout the Western Hemisphere. In the evening, the President traveled to the Westwood neighborhood of Los Angeles, where, at the W Los Angeles hotel, he remained overnight. February 4 In the morning, the President traveled to Ivy Restaurant, where he had lunch with his son R. Hunter Biden and grandson Joseph R. "Beau" Biden IV in celebration of Hunter's birthday and visited with restaurant patrons. In the afternoon, the President traveled to Las Vegas, NV, where, upon arrival at Harry Reid International Airport, he was greeted by Rep. Susie Lee and Clark County Commission Chairman Richard "Tick" Segerblom. Later, he traveled to Henderson, NV. Then, he traveled to North Las Vegas, NV, arriving in the evening. In the evening, the President traveled to Las Vegas, where, at the Caesar's Palace Las Vegas Hotel and Casino, he remained overnight. February 5 In the morning, the President had an intelligence briefing. Then, he traveled to the Las Vegas Chinatown Plaza mall. In the afternoon, upon arrival at Las Vegas Chinatown Plaza, the President, accompanied by Rep. A. Constadina Titus, visited the No. 1 Boba Tea shop, where he ordered a beverage and chatted with the cashier. Later, he returned to Washington, DC, arriving in the evening. In the evening, the President had a telephone conversation with Gov. Gavin C. Newsom of California and Mayor Karen R. Bass of Los Angeles, CA, to discuss the storms in California, commit to providing all Federal support requested, and note that Federal Emergency Management Agency Administrator Deanne Bennett Criswell had prestaged resources and personnel in the State to ensure that emergency support is in place. February 6 In the morning, the President had an intelligence briefing. In the afternoon, in the East Room, following his remarks at a Black History Month reception, the President and Dr. Biden participated in a photo line with Black elected leaders in attendance for the reception. The White House announced further details on the President's travel to New York City on February 7. February 7 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to New York City. In the evening, the President returned to Washington, DC. During the day, the President was briefed on the crash of a U.S. Marine Corps MH–53E Super Stallion helicopter during a return flight to Marine Corps Air Station Miramar, CA, following a training mission. The President announced his intention to nominate Sanket J. Bulsara to be a judge on the U.S. District Court for the Eastern District of New York. The President announced his intention to nominate Dena Michaela Coggins to be a judge on the U.S. District Court for the Eastern District of California. The President announced his intention to nominate Eric Schulte and Camela C. Theeler to be judges on the U.S. District Court for the District of South Dakota. The President announced his intention to nominate John E. Richardson to be a U.S. marshal for the Middle District of Alabama. February 8 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Leesburg, VA. Later, he returned to Washington, DC, arriving in the evening. The White House announced that the President and Dr. Biden will welcome King Abdullah II and Queen Rania of Jordan to the White House on February 12. The President announced his intention to nominate Sarah Baker to be General Counsel at the Department of Transportation. The President announced his intention to nominate Emily Edenshaw, Margaret FitzPatrick, and Deborah Willis to be members on the National Council on the Humanities. The President declared a major disaster Michigan and ordered Federal assistance to supplement State and local recovery efforts in the areas affected by severe storms, tornadoes, and flooding from August 24 through 26, 2023. The President made additional disaster assistance available to the U.S. Virgin Islands by authorizing an increase in the level of Federal funding for Public Assistance projects undertaken in the U.S. Virgin Islands as a result of hurricanes Irma and Maria. February 9 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to New Castle, DE, arriving in the evening. In the evening, upon arrival at Delaware Air National Guard Base, the President traveled to Greenville, DE, where, at his residence, he remained overnight. The President announced the appointment of Willie L. Phillips, Jr., as Chair of the Federal Energy Regulatory Commission. February 10 In the afternoon, the President traveled to Wilmington, DE, where, at Mrs. Robino's Restaurant, he had lunch with his sister Valerie Biden Owens. Later, he traveled to Greenville, DE, where he stopped at a Jos. A. Bank men's clothing store. Then, he returned to his residence in Greenville. Later in the afternoon, at St. Joseph on the Brandywine Roman Catholic Church, the President attended Mass. Then, he returned to his residence, arriving in the evening. In the evening, the President remained overnight at his residence. The White House announced that the President will travel to East Palestine, OH, on February 16. February 11 In the morning, the President had a telephone conversation with Prime Minister Benjamin Netanyahu of Israel to reaffirm their shared goal to see Hamas defeated and ensure Israel's security and discuss ongoing efforts to secure the release of remaining hostages held by Hamas. The President emphasized the need to capitalize on progress made in the negotiations to secure the release of all hostages as soon as possible, called for steps to increase the throughput and consistency of humanitarian assistance to Palestinian civilians, and reiterated his view that a military operation in Rafah should not proceed without a plan for ensuring the safety of and support for the more than 1 million people sheltering there. In the evening, the President and Dr. Biden returned to Washington, DC. February 12 In the morning, the President had an intelligence briefing. Later, at the Washington Hilton hotel, prior to his remarks at the National Association of Counties Legislative Conference, he participated in a photo line with county officials from across the country and association executive staff. In the afternoon, on the North Portico, the President and Dr. Biden welcomed King Abdullah II, Queen Rania, and Crown Prince Al Hussein bin Abdullah II of Jordan. February 13 In the afternoon, in the Private Dining Room, the President and Vice President Kamala D. Harris had lunch. Later, in the Oval Office, they had an intelligence briefing. In the evening, the President and Dr. Biden had a telephone conversation with Thomas R. Suozzi to congratulate him on winning the special election in New York's third congressional district. February 14 In the afternoon, in the Private Dining Room, the President had lunch with Secretary of State Antony J. Blinken. Later, in the Oval Office, he and Vice President Kamala D. Harris had an intelligence briefing. He was also briefed on the shooting at the Super Bowl victory parade in Kansas City, MO, and continued to receive updates throughout the day. In the evening, on the North Lawn, the President and Dr. Biden stepped out to view the Valentine's Day decorations, and the President spoke briefly with reporters. During the day, the President had a telephone conversation with Secretary of Homeland Security Alejandro N. Mayorkas. The White House announced further details on the President's travel to East Palestine, OH, on February 16. February 15 In the morning, the President had an intelligence briefing. During the day, the President had a telephone conversation with Prime Minister Benjamin Netanyahu of Israel to discuss ongoing negotiations to secure the release of the remaining hostages in Hamas captivity, review the situation in Gaza and the urgency of ensuring that humanitarian assistance reached Palestinian civilians, and reiterate his view that a military operation should not proceed in Rafah without a plan for ensuring the safety of and support for civilians. The White House announced that the President will welcome President Andrzej Duda and Prime Minister Donald Franciszek Tusk of Poland to the White House on March 12. February 16 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Pittsburgh, PA. Environmental Protection Agency (EPA) Administrator Michael S. Regan and Rep. Christopher R. Deluzio accompanied him. Upon arrival at the Pittsburgh International Airport, he was greeted on the tarmac by Mayor Edward C. Gainey of Pittsburgh, County Executive Sara Innamorato of Allegheny County, PA, and 171st Air Refueling Wing Commander Col. Raymond L. Hyland, Jr., USAF. Then, he traveled to Darlington, PA, where, at the Darlington Township Municipal Complex, he met with first responders to the 2023 train derailment and chemical spill in East Palestine, OH. Administrator Regan and Rep. Deluzio accompanied him. Later in the afternoon, the President traveled to East Palestine, OH, where, outside Brave Industries, near the site of the 2023 train derailment, he participated in a walking tour and briefing on ongoing response efforts with Mayor Trent Conaway of East Palestine and Administrator Regan. Federal Emergency Management Agency (FEMA) Federal Disaster Recovery Coordinator Jim McPherson, East Palestine Fire Chief Keith Drabick, Columbiana County Emergency Management Agency Director Peggy Clark, EPA Region 5 Administrator Debra Shore, and FEMA Region 5 Administrator Thomas C. Sivak also participated. Later, he and Mayor Conaway traveled to the 1820 House Candle Co., where the President met with shop owner Melissa Smith and Mayor Conaway's family. In the evening, the President traveled to Pittsburgh. Upon arrival at the Pittsburgh International Airport, he traveled to Rehoboth Beach, DE, where, at his residence, he remained overnight. The White House announced that the President will travel to Los Angeles, CA, San Francisco, CA, and Los Altos Hills, CA, from February 20 through 22. The White House announced that the President and Dr. Biden will welcome President William Ruto and First Lady Rachel Ruto of Kenya for a state visit at the White House on May 23. February 17 In the afternoon, at Henlopen City Oyster House in Rehoboth Beach, DE, the President had lunch with Dr. Biden. Later, they returned to their residence, where they remained overnight. During the day, the President had a telephone conversation with President Volodymyr Zelenskyy of Ukraine to underscore the U.S. commitment to continue supporting Ukraine ahead of the second anniversary of Russia's invasion, discuss the Ukraine military's earlier withdrawal from Avdiivka due to a shortage of supplies as a result of congressional inaction, emphasize the need for Congress to pass the national security supplemental funding bill to resupply Ukrainian forces, and reaffirm U.S. support for Ukraine's sovereignty and territorial integrity and commitment to imposing costs on the Russian Government to hold it accountable for its actions. February 18 The White House announced that the President will travel to Los Angeles, CA, on February 20 and 21. The White House announced that the President will travel to San Francisco, CA, on February 21 and 22. February 19 In the morning, the President had an intelligence briefing. Then, he and Dr. Biden returned to Washington, DC. The White House announced additional details on the President's travel to Los Angeles, San Francisco, and Los Altos Hills, CA, from February 20 through 22. The President declared a major disaster in California and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe storm and flooding from January 21 through 23. February 20 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Los Angeles, CA. Upon arrival at Los Angeles International Airport, he was greeted on the tarmac by Rep. Maxine M. Waters and Mayor Karen R. Bass of Los Angeles. Then, he traveled to Santa Monica, CA. Later, he traveled to Beverly Hills, CA. In the evening, the President traveled to Los Angeles, where, at his hotel, he remained overnight. The White House announced that the President will travel to New York City on February 26. The President announced the designation of the following individuals as members of a Presidential delegation to attend the state funeral of former President Hage G. Geingob of Namibia in Windhoek, Namibia, on February 24 and 25: Debra A. Haaland (head of delegation); Randy Berry; Enoh T. Ebong; Mala Adiga; and Paula Tufro. The President declared a major disaster in Washington and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by wildfires from August 18 through 25, 2023. February 21 In the morning, the President had an intelligence briefing. Then, accompanied by Mayor Bass, he traveled to the Baldwin Hills neighborhood of Los Angeles, where, at CJ's Cafe, he ordered a breakfast burrito, posed for photographs, and greeted customers. In the afternoon, the President traveled to Culver City, CA. Later, he returned to Los Angeles. Then, upon arrival at Los Angeles International Airport, he traveled to San Francisco, CA. Upon arrival at San Francisco International Airport, he was greeted on the tarmac by Reps. Nancy Pelosi and Kevin Mullin and Mayor London N. Breed of San Francisco. In the evening, the President traveled to the Fairmont San Francisco hotel, where he remained overnight. The President announced his intention to nominate Nancy L. Maldonado to be a judge on the U.S. Court of Appeals for the Seventh Circuit. The President announced his intention to nominate Georgia N. Alexakis to be a judge on the U.S. District Court for the Northern District of Illinois. The President announced his intention to nominate Krissa M. Lanham and Angela M. Martinez to be judges on the U.S. District Court for the District of Arizona. The President announced his intention to nominate Sparkle L. Sooknanan to be a judge on the U.S. District Court for the District of Columbia. The President announced his intention to nominate Matthew Gannon to be a U.S. attorney for the Northern District of Iowa. The President announced his intention to nominate David C. Waterman to be a U.S. attorney for the Southern District of Iowa. February 22 In the morning, at the Fairmont San Francisco hotel, the President had an intelligence briefing. Later, also at the hotel, he met with Yulia and Dasha Navalnaya, wife and daughter, respectively, of Russian opposition leader Alexei Navalny, who died in a Russian prison on February 16. The President shared his condolences for their loss; expressed his admiration for Mr. Navalny's courage and legacy of fighting against corruption and for freedom, democracy, and the rule of law in Russia; emphasized that Mr. Navalny's legacy will endure across Russia and around the world; and affirmed that the U.S. will announce additional sanctions against Russia in response to Mr. Navalny's death and Russia's war in Ukraine. In the afternoon, the President traveled to Los Altos Hills, CA. Later, he returned to Washington, DC, arriving in the evening. The President declared a major disaster in North Dakota and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe winter storm and straight-line winds from December 25 through 27, 2023. February 23 In the afternoon, in the Oval Office, the President and Vice President Kamala D. Harris had an intelligence briefing. Also in the afternoon, he had a telephone conversation with President Emmanuel Macron of France to discuss a range of bilateral and global issues, including Russia's destabilizing actions, support for Ukraine ahead of the 2-year anniversary of Russia's invasion, the need for Congress to pass funding for Ukraine, and developments in the Middle East. The White House announced that the President will participate in a video conference with leaders of the Group of Seven (G–7) nations and President Volodymyr Zelenskyy of Ukraine on February 24. The White House announced that the President and Dr. Biden will host Governors and their spouses for a black-tie dinner and entertainment at the White House on February 24. The White House announced further details on the President's travel to New York City on February 26. The White House announced that the President will welcome Prime Minister Giorgia Meloni of Italy to the White House on March 1. The White House announced that the President will travel to Camp David, MD, from March 1 through 3. The President announced his intention to appoint the following individuals as members of the Advisory Committee for Trade Policy and Negotiations: Mitchell W. Berger; J. Michael Bowman; Amy Bircher Bruyn; Paige Gebhardt Cognetti; Chris James; Omar Khan; Rob Larew; Nimish Patel; and Mark A. Turner. February 24 In the morning, in the South Court Auditorium of the Dwight D. Eisenhower Executive Office Building, the President participated in video conference call with leaders of the Group of Seven (G–7) nations and President Volodymyr Zelenskyy of Ukraine to discuss continued support for Ukraine and further joint steps to continue holding Russia accountable for its invasion and ongoing military operations in Ukraine. In the evening, in the East Room, following the black-tie dinner in the State Dining Room, the President and Dr. Biden hosted Governors and their spouses for a performance by musician Trisha Yearwood. Vice President Kamala D. Harris and her husband Douglas C. Emhoff also attended. During the day, the President joined a campaign organizing call with Gov. Gretchen E. Whitmer of Michigan and Michigan Democratic Party Chair Lavora Barnes. He also recorded radio interviews with Jonathan "Bushman" Dunnings of the "Bushman Show" on WJLB in Detroit, MI, and Paul A. "P.A." Billings of "Afternoon Jamz With P.A." on WUVS in Muskegon, MI, for later broadcast. The White House announced further details on the President's travel to New York City on February 26. February 25 The White House announced further details on the President's travel to New York City on February 26. February 26 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to New York City, where, at the InterContinental New York Barclay hotel, he attended a campaign meeting. Later, at 30 Rockefeller Plaza, he recorded an interview with Seth Meyers of NBC's "Late Night With Seth Meyers" program for later broadcast. Following the interview, at the Van Leeuwen ice cream parlor, the President bought ice cream for himself and Mr. Meyers and visited with staff and customers. In the evening, the President returned to Washington, DC. The White House announced that the President will travel to Brownsville, TX, on February 29. The White House announced that the President and Dr. Biden will host the White House Easter Egg Roll on the South Lawn on April 1. February 27 In the afternoon, in the Oval Office, following his meeting with Vice President Kamala D. Harris and congressional leaders, the President met separately with Speaker of the House of Representatives J. Michael Johnson. Later, in the Private Dining Room, he and Vice President Harris had lunch. Then, in the Oval Office, they had an intelligence briefing. The White House announced further details on the President's travel to Brownsville, TX, on February 29. The President declared a major disaster in New Hampshire and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe storm and flooding from December 17 through 21, 2023. February 28 In the morning, the President had an intelligence briefing. Later, he traveled to Bethesda, MD, where, at Walter Reed National Military Medical Center, he completed his annual physical exam. Later, he returned to Washington, DC, arriving in the afternoon. During the day, the President was briefed on the wildfires impacting the panhandle area of Texas and Oklahoma and continued to receive updates throughout the day. The White House announced further details on the President's travel to Brownsville, TX, on February 29. February 29 In the morning, the President had an intelligence briefing. Later, he traveled to Brownsville, TX, arriving in the afternoon. He was also briefed on the incident in northern Gaza during a humanitarian aid delivery that resulted in the loss of civilian lives. In the afternoon, upon arrival at the Brownsville South Padre Island International Airport, the President was greeted on the tarmac by Mayor John Cowen, Jr., of Brownsville, County Judge Eddie Treviño of Cameron County, TX, and Lorena Saenz Gonzalez, wife of Rep. Vincente Gonzalez. Then, he traveled to a section of the U.S.-Mexico border, where he toured a border fence and greeted U.S. Customs and Border Protection (CBP) agents. Secretary of Homeland Security Alejandro N. Mayorkas, Rep. Gonzalez, Mayor Cowen, Judge Treviño, CBP Acting Deputy Commissioner Peter Flores, and U.S. Border Patrol Chief Jason D. Owens and Rio Grande Valley Sector Chief Patrol Agent Gloria I. Chavez also participated. Then, he and Chief Owens traveled to Olmito, TX, where, at the Border Patrol Brownsville Station, the President received an operational briefing on U.S. border security from U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and CBP officials. Following his remarks at the Brownsville Station, the President participated in a photo line with State and local elected leaders and other stakeholders. Later, he returned to Washington, DC, arriving in the evening. During the day, the President had separate telephone conversations with Amir Tamim bin Hamad Al-Thani of Qatar and President Abdelfattah Said Elsisi of Egypt to discuss diplomatic efforts to secure the immediate release of hostages held by Hamas in Gaza, Palestinian Territories, underscoring that the release of hostages would result in an immediate and sustained cease-fire in Gaza over a period of at least 6 weeks, review plans to surge humanitarian assistance into Gaza and how a cease-fire would further help enable those efforts and ensure that assistance reached civilians in need throughout Gaza, and note the alarming loss of civilian lives that occurred in northern Gaza earlier that day during an aid delivery. The President announced his intention to nominate Martin J. Walsh to be a Governor of the U.S. Postal Service. The President announced his intention to nominate Judy W. Chang, David Rosner, and Lindsay S. See to be Commissioners on the Federal Energy Regulatory Commission. The President announced his intention to nominate Dana L. Banks to be a U.S. Director of the African Development Bank. The President announced his intention to nominate Elizabeth K. Horst to be Ambassador to Sri Lanka. The President announced his intention to nominate Joshua M. Harris to be Ambassador to Algeria. The President announced his intention to nominate Troy Fitrell to be Ambassador to Seychelles. The President announced his intention to nominate Mary E. Daschbach to be Ambassador to Togo. March 1 In the morning, the President had an intelligence briefing. In the evening, the President traveled to Camp David, MD. His granddaughter Maisy accompanied him. The White House announced that the President will convene a meeting with the White House Competition Council on March 5. The White House announced that the President and Dr. Biden will travel to Philadelphia, PA, on March 8. The White House announced that the President and Dr. Biden will travel to Wilmington, DE, from March 8 through 10. The White House announced that the President and Dr. Biden will travel to the Atlanta, GA, area on March 9. March 2 The President declared a major disaster in Vermont and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe storm and flooding on December 18 and 19, 2023. March 3 The White House announced additional details on the President and Dr. Biden's travel to the Philadelphia, PA, area on March 8. The White House announced additional details on the President and Dr. Biden's travel to the Atlanta, GA, area on March 9. March 4 In the morning, the President had an intelligence briefing. During the day, the President recorded separate radio interviews with DeDe McGuire of the nationally syndicated "DeDe in the Morning" program and Jessica "Ms. Jessica" Williams of the "Afternoon Vibes" program on WPEG/Power 98 in Charlotte, NC, for later broadcast. March 5 In the morning, the President had an intelligence briefing. Later, he returned to Washington, DC, arriving in the afternoon. In the afternoon, the President had a telephone conversation with the Business Roundtable. The White House announced that the President will welcome Prime Minister Leo Varadkar of Ireland to the White House on March 15 and 17. March 6 In the morning, the President had an intelligence briefing. During the day, the President worked with senior staff to prepare for his State of the Union Address on March 7. The White House announced further details on the President's travel to Philadelphia, PA, on March 8. March 7 In the morning, the President had an intelligence briefing. During the day, the President worked with senior staff to prepare for his State of the Union Address. In the evening, upon arrival at the U.S. Capitol, the President and Dr. Biden were greeted by House Sergeant at Arms William P. McFarland, Senate Sergeant at Arms Lt. Gen. Karen Gibson, USA, and Acting Architect of the Capitol and Chief of Operations Joseph R. DiPietro. Then, prior to delivering his State of the Union Address, the President participated in a photo line with Members of Congress. The White House announced further details on the President's travel to Atlanta, GA, on March 9. The President announced the designation of the following individuals as members of the delegation for the Presidential Trade and Investment Mission to the Philippines on March 11 and 12: Gina Raimondo (head of delegation); Steven Brown; Sapna Chadha; Narsingh Chaudhary; Chris Clark; Mark Ein; Charlie Ergen; Kimberly Getgen; Brett Hart; Laura Lane; David Luboff; Thomas L. Marquis; Scott McHugo; Sara Murphy; Ted Osius; Anne-Marie Padgett; Allan Pineda; Kawal Preet; Shamina Singh; Mary Snapp; Eric Starr; and Francesco Venneri. March 8 In the morning, the President had an intelligence briefing. In the afternoon, the President and Dr. Biden traveled to Philadelphia, PA. Upon arrival at the Philadelphia International Airport, they were greeted on the tarmac by former Rep. Robert A. Brady. Then, they traveled to Rose Valley, PA, where, at the home of Jack Cunicelli, they visited with Mr. Cunicelli and his brother David, owners of 320 Market Cafe, and their families. Then, they traveled to Philadelphia, PA. In the evening, the President and Dr. Biden traveled to Greenville, DE, where, at their residence, they remained overnight. The White House announced that the President will travel to Manchester, NH, on March 11. The White House announced that the President will travel to Milwaukee, WI, and Saginaw, MI, on March 13 and 14. The President announced his intention to appoint Denise Grant and Lynn Tincher-Ladner as members of the J. William Fulbright Foreign Scholarship Board. The President announced his intention to appoint the following individuals as members of the U.S. Holocaust Memorial Council: Marsha Borin; David Cicilline; Paul R. Fine; Susan E. Lowenberg; Judith Schocken; Cynthia Simon Skjodt; Samantha Vinograd; and Mark Wilf. March 9 In the morning, the President and Dr. Biden traveled to Philadelphia, PA. Upon arrival at the Philadelphia International Airport, they traveled to Atlanta, GA, arriving in the afternoon. He also signed H.R. 4366, the Consolidated Appropriations Act, 2024, which was assigned Public Law No. 118–42. In the afternoon, upon arrival at the Atlanta Hartsfield-Jackson International Airport, the President and Dr. Biden were greeted on the tarmac by Rep. Henry C. Johnson, Jr., and his wife, Commissioner Mereda Davis Johnson of DeKalb County, GA, Rep. Lucia K. McBath, and Mayor Andre Dickens of Atlanta. Then, at the Gathering Spot event space, they met minority small- business leaders and the President recorded an interview with Jonathan Capehart of MSNBC's "Saturday Show With Jonathan Capehart" program for later broadcast. Later, at the Pullman Yards arts and entertainment venue, the President and Dr. Biden participated in a virtual national organizing call for the Democratic National Committee. In the evening, the President and Dr. Biden returned to Greenville, DE, where, at their residence, they remained overnight. The White House announced further details on the President's travel to Manchester, NH, on March 11. March 10 The White House announced that the President will return to Washington, DC, on March 11. The White House announced further details on the President's travel to Manchester, NH, on March 11. The White House announced further details on the President's travel to Milwaukee, WI, on March 13 and Saginaw, MI, on March 14. March 11 In the morning, the President had an intelligence briefing. Later, he returned to Washington, DC. Then, at the Marriott Marquis Washington, DC, hotel, prior to his remarks at the National League of Cities Congressional City Conference, he participated in a photo line with mayors, city council members, and league executives. In the afternoon, the President traveled to Manchester, NH. Upon arrival at the Manchester- Boston Regional Airport, he was greeted on the tarmac by Sen. Maggie Wood Hassan, Rep. Christopher C. Pappas, Mayor Jay Ruais of Manchester, and William H. Shaheen, husband of Sen. C. Jeanne Shaheen, and their daughter Stefany. Then, he traveled to Goffstown, NH. Later, he returned to Washington, DC, arriving in the evening. The White House announced that the President will welcome Prime Minister Petr Fiala of Czechia to the White House on April 15. The President announced the designation of Deputy Secretary of Housing and Urban Development Adrianne Todman as Acting Secretary. March 12 In the morning, the President had an intelligence briefing. In the afternoon, at the headquarters of the International Brotherhood of Teamsters labor union, the President participated in a campaign meeting. The White House announced further details on the President's travel to Milwaukee, WI, on March 13 and Saginaw, MI, on March 14. The White House announced that the President and Vice President Kamala D. Harris will travel to North Carolina on March 26. March 13 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Milwaukee, WI, accompanied by Rep. Gwendolynne S. Moore. Upon arrival at the Milwaukee Mitchell International Airport, he was greeted on the tarmac by Gov. Anthony S. Evers of Wisconsin, Mayor Cavalier Johnson of Milwaukee, County Executive David Crowley of Milwaukee County, WI, 128th Air Refueling Wing Commander Col. Charles C. Merkel, USAF, and Wisconsin Army National Guard State Command Sergeant Major CSM Curtis P. Patrouille, USA. Then, at the Pieper-Hillside Boys and Girls Club, he participated in a photo line with State and local officials. Later, at the Biden for President campaign's Wisconsin headquarters in the former Blatz brewery building, he greeted campaign staff and, following his remarks, recorded separate interviews with Vanessa Tyler of Black Information Network and Michelle Bryant of WNOV 860 in Milwaukee for later broadcast. He also met with 9-year-old Harry Abramson, who had written him a letter about his experience living with a stutter, and his family. In the evening, at the Pfister Hotel, the President remained overnight. The White House announced further details on the President's travel to Saginaw, MI, on March 14. March 14 In the morning, the President had an intelligence briefing. Later, he traveled to Freeland, MI, arriving in the afternoon. In the afternoon, upon arrival at the MBS International Airport, the President was greeted on the tarmac by Rep. Daniel T. Kildee of Michigan and Mayor Brenda F. Moore of Saginaw, MI. Then, he traveled to Saginaw, where, at the residence of City Councilman Bill Ostash, he attended a campaign organizing meeting and made remarks. Rep. Kildee and Mayor Moore also attended. Later, at Pleasant View Golf Course, he met with Saginaw resident Hurley Coleman III and his son Hurley "H.J." Coleman IV. In the evening, the President returned to Washington, DC, arriving in the evening. During the day, the President had a telephone conversation with United Steelworkers (USW) International President David McCall to reiterate that he has the steel workers back. The White House announced that the President will travel to Reno and Las Vegas, NV, on March 18 and 19 and Phoenix, AZ, on March 19 and 20. The President announced his intention to nominate Jennifer L. Homendy to be a member of the National Transportation Safety Board and, upon confirmation, designate her Chair. The President announced his intention to nominate Kelly Adams-Smith to be Ambassador to Moldova. The President announced his intention to nominate Jeremey Neitzke to be Ambassador to Lesotho. The President announced his intention to nominate Peter W. Lord to be Ambassador to Senegal and to serve concurrently and without additional compensation as the Ambassador to Guinea-Bissau. March 15 In the morning, the President had an intelligence briefing. In the afternoon, upon arrival at the U.S. Capitol, the President was greeted by Prime Minister Leo Varadkar of Ireland, Speaker of the House of Representatives J. Michael Johnson, Reps. Richard E. Neal and George J. "Mike" Kelly, Jr., and House Sergeant at Arms William P. McFarland. The White House announced that the President and Vice President Kamala D. Harris and her husband Douglas C. Emhoff will attend the Gridiron Club and Foundation Dinner on March 16. The White House announced that the President will host Catholic leaders for a St. Patrick's Day brunch at the White House on March 17. The White House announced that the President will host a St. Patrick's Day celebration at the White House on March 17. The White House announced that the President and Dr. Biden will host a Women's History Month reception at the White House on March 18. The President declared a major disaster for the Wrangell Cooperative Association and ordered Federal aid to supplement Tribal efforts in the areas affected by a severe storm, landslides, and mudslides on November 20, 2023. March 17 The White House announced further details on the President's travel to Reno and Las Vegas, NV, on March 18 and 19 and Phoenix, AZ, on March 19 and 20. The White House announced that the President will travel to Dallas and Houston, TX, on March 20 and 21. The White House announced that the President will travel to Wilmington, DE, on March 22. March 18 In the morning, the President had a telephone conversation with Prime Minister Benjamin Netanyahu of Israel to discuss ongoing hostage negotiations taking place in Qatar and the humanitarian crisis in Gaza, Palestinian Territories, with the President stressing the urgent need to significantly increase the flow of lifesaving aid reaching those in need throughout Gaza and reiterating his concerns about the prospect of Israel conducting a major ground operation in Rafah in its effort to defeat Hamas. In the afternoon, in the Oval Office, the President and Vice President Kamala D. Harris had an intelligence briefing. During the day, the President recorded separate interviews with Alex Lucas of Nueva Network's and El Bueno's "El Genio Lucas" radio program and Raul Molinar of Univision Radio's "El Bueno, La Mala, y El Feo" program for later broadcast. The White House announced further details on the President's travel to Las Vegas, NV, on March 19. The White House announced further details on the President's travel to Phoenix, AZ, on March 19. The White House announced that the President will welcome President Ferdinand R. "Bongbong" Marcos, Jr., of the Philippines and Prime Minister Fumio Kishida of Japan to the White House on April 11. March 19 In the morning, the President had an intelligence briefing. Then, he traveled to Reno, NV. Upon arrival at the Reno-Tahoe International Airport, he was greeted on the tarmac by Mayor Hillary L. Schieve of Reno, NV, Board of County Commissioners Chair Alexis Hill of Washoe County, NV, and 152d Airlift Wing Commander Col. Catherine M. Grush, USAF, and Command Chief CMS Jeffrey D. Linton, USAF. In the afternoon, the President traveled to Las Vegas, NV. Upon arrival at the Harry Reid International Airport, he was greeted on the tarmac by Reps. A. Constadina Titus and Steven A. Horsford. Then, at the Stupak Community Center, prior to delivering remarks, he participated in a photo line with Reps. Titus, Horsford, and Suzanne K. Lee, Nevada Attorney General Aaron D. Ford, and Chairman of the Board of Commissioners Richard "Tick" Segerblom of Clark County, NV. He also met with Las Vegas resident Latreca Pryor and her daughter Ikina, who thanked him for passage of the American Rescue Plan, which helped them purchase their first home. Later in the afternoon, at Harry Reid International Airport, the President greeted a group of law enforcement officers and posed for photographs. Then, he traveled to Phoenix, AZ. Upon arrival at Phoenix Sky Harbor International Airport, he was greeted by Gov. Stephen Roe Lewis of the Gila River Indian Community and Chairman Robert Miguel of the Ak-Chin Indian Community. Later, he traveled to Scottsdale, AZ, arriving in the evening. . In the evening, at the Fairmont Scottsdale Princess hotel, the President remained overnight. The White House announced further details on the President's travel to Dallas, TX, on March 20. The White House announced further details on the President's travel to Houston, TX, on March 21. March 20 In the morning, the President had an intelligence briefing. Then, he traveled to Chandler, AZ, where, at the Intel Corp. Ocotillo Campus, he toured the facility with Secretary of Commerce Gina M. Raimondo, Rep. Gregory J. Stanton, Mayor Kevin Hartke of Chandler, Mayor Kate Gallego of Phoenix, AZ, Chief Executive Officer Patrick Gelsinger, Factory Manager Hugh Green, Manufacturing Technician Michelle Blackwell, and Arizona Building and Construction Trades Council President Aaron Butler and participated in a photo line with State, local, and Tribal leaders. Secretary Raimondo also participated. In the afternoon, at the Intel Ocotillo Campus, the President recorded a second interview with Univision for later broadcast. Then, he traveled to Phoenix, AZ. Upon arrival at the Phoenix Sky Harbor International Airport, he traveled to Dallas, TX. Upon arrival at the Dallas-Fort Worth International Airport, he was greeted on the tarmac by Dallas County Judge Clay L. Jenkins. In the evening, at the Fairmont Dallas hotel, the President remained overnight. The White House announced that the President will travel to New York City on March 28 and 29. The President announced his intention to nominate Kevin G. Ritz to be a judge on the U.S. Court of Appeals for the Sixth Circuit. The President announced his intention to nominate Brian E. Murphy to be a judge on the U.S. District Court for the District of Massachusetts. The President announced his intention to nominate Rebecca L. Pennell to be a judge on the U.S. District Court for the Eastern District of Washington. The President announced his intention to nominate Detra Shaw-Wilder to be a judge on the U.S. District Court for the Southern District of Florida. The President announced his intention to nominate Jeannette Vargas to be a judge on the U.S. District Court for the Southern District of New York. The President announced his intention to nominate Rahkel Bouchet and John C. Truong to be judges on the District of Columbia Superior Court. The President announced his intention to nominate Bobby Jack Woods to be a U.S. marshal for the Eastern District of Kentucky. The President declared a major disaster in Rhode Island and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe storm and flooding from December 17 through 19, 2023. The President declared a major disaster in Maine and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms and flooding from January 9 through 13. The President declared a major disaster in of Rhode Island and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms and flooding from January 9 through 13. March 21 In the morning, the President traveled to Houston, TX. Upon arrival at Ellington Air Force Base, he was greeted by Mayor John Whitmire of Houston and Harris County Judge Lina Hidalgo. In the afternoon, the President returned to Washington, DC, arriving in the evening. The White House announced that the President will welcome Prime Minister Mohammed Shia al-Sudani of Iraq to the White House on April 15. The President announced his intention to nominate Michael Sulmeyer to be Assistant Secretary of Defense for Cyber Policy at the Department of Defense. The President announced his intention to nominate Christopher T. Hanson to be a member and Chair of the Nuclear Regulatory Commission. March 22 In the morning, the President had an intelligence briefing. In the afternoon, In the afternoon, the President traveled to New Castle, DE, arriving in the evening. In the evening, upon arrival at Delaware Air National Guard Base, the President traveled to Greenville, DE, where, at his residence, he remained overnight. During the day, the President had a telephone conversation with President-elect Prabowo Subianto of Indonesia to congratulate him on his election victory, commend the U.S. and Indonesia for celebrating 75 years of diplomatic relations grounded in shared values of democracy and pluralism, and pledge to expand cooperation with Indonesia under the U.S.- Indonesia Comprehensive Strategic Partnership and Indo-Pacific Economic Framework and work together toward a free, open, prosperous, and secure Indo-Pacific. Also during the day, in the Old Family Dining Room, the President recorded a video message with former President Barack Obama and former Speaker of the House of Representatives Nancy Pelosi marking the anniversary of the Patient Protection and Affordable Care Act to be released on March 23 as a part of the Biden-Harris National Health Care Day of Action campaign organizing call. The President announced his intention to appoint the following individuals as members of the National Infrastructure Advisory Council: Mark A. Milley; Martin L. Adams; David J. Grain; and Kurt A. Summers, Jr. The President announced his intention to appoint the following individuals as members of the National Security Education Board: Gina Kay Abercrombie-Winstanley; Karl W. Eikenberry; M. Osman Siddique; Rory M. Brosius; Jeffrey L. Bleich; and Patrick Mendis. March 23 In the evening, following Mass at the St. Joseph on the Brandywine Roman Catholic Church and dinner at the home of his sister Valerie Biden Owens, the President traveled to Wilmington, DE, where, at the Piccolina Toscana restaurant, he visited with his reelection campaign leadership, which had gathered for a weekend retreat. Later, he returned to Greenville, DE, where, at his residence, he remained overnight. March 24 In the afternoon, the President returned to Washington, DC. The White House announced further details on the President's travel to Raleigh, NC, on March 26. The White House announced further details on the President's travel to New York City, on March 28 and 29. The White House announced that the President and Dr. Biden will travel to Camp David, MD, on March 29. March 25 In the morning, in the Oval Office, the President and Vice President Kamala D. Harris had an intelligence briefing. In the afternoon, in the Private Dining Room, the President and Vice President Harris had lunch. Later, he met with President Cesar Bernardo Arevalo de Leon of Guatemala to congratulate him on his Inauguration in January, reiterate the U.S. commitment to a strong bilateral partnership, discuss good governance, effective migration management, the importance of upholding democracy, and other issues of mutual interest, thank President Arevalo for his leadership in hosting the next Los Angeles Declaration for Protection and Migration summit planned for later this spring, and emphasize the importance of continuing to advance the U.S. strategy for addressing the root causes of migration in Central America. During the day, the President had a telephone conversation with Prime Minister Leo Varadkar of Ireland to recognize his 7 years of leadership, reflect on Ireland-U.S. cooperation over the years on shared priorities, note recent progress in Northern Ireland with the restoration of its Executive and Assembly, reaffirming the critical role these institutions play in preserving the gains of the Belfast/Good Friday Agreement, and convey U.S. enthusiasm for continuing to advance bilateral relations under the next Prime Minister. The White House announced further details on the President's travel to Raleigh, NC, on March 26. March 26 In the morning, the President was briefed on the collapse of the Francis Scott Key Bridge in Baltimore, MD, and the ongoing search-and-rescue efforts. Later, he had an intelligence briefing. Also in the morning, the President met with senior staff to discuss the ongoing response to the collapse of the Francis Scott Key Bridge in Baltimore and directed his team to ensure all Federal resources be made available to assist in the ongoing search-and-rescue efforts and response to this incident. He continued to receive updates from his team throughout the day. In the afternoon, the President traveled to Morrisville, NC. Gov. Roy A. Cooper III accompanied him. Upon arrival at the Raleigh-Durham International Airport, he was greeted by Mayor T.J. Cawley of Morrisville, and Mayor Leonardo Williams of Durham, NC. Then, he traveled to Raleigh, NC, where, at the John Chavis Community Center, he and Vice President Kamala D. Harris participated in a photo line with State and local elected leaders. In the evening, the President returned to Washington, DC. During the day, the President had separate telephone conversations with Secretary of Transportation Peter P.M. Buttigieg, Gov. Westley W.O. "Wes" Moore of Maryland, Sens. Benjamin L. Cardin and Christopher Van Hollen, Jr., Rep. Kweisi Mfume, Mayor Brandon M. Scott of Baltimore, and County Executive John Olszewski, Jr., of Baltimore County, MD, to discuss the ongoing Federal, State, and local response to the collapse of the Francis Scott Key Bridge in Baltimore. The White House announced that the President and Dr. Biden will host the annual White House Easter Egg Roll on April 1. March 27 In the morning, the President had an intelligence briefing. In the afternoon, in the Oval Office, the President met with Secretary of Transportation Peter P.M. Buttigieg and U.S. Coast Guard Deputy Commandant for Operations Vice Adm. Peter W. Gautier, USCG, and had separate telephone conversations with U.S. Army Corps of Engineers Commanding General Lt. Gen. Scott A. Spellmon, USA, and Gov. Westley W.O. "Wes" Moore of Maryland to discuss the coordinated Federal, State, and local response to the collapse of the Francis Scott Key Bridge in Baltimore, MD. The White House announced further details on the President's travel to New York City, on March 28. March 28 In the morning, the President had an intelligence briefing. Later, he traveled to New York City, arriving in the afternoon. Former President Barack Obama accompanied him. He also had a telephone conversation with Mayor Eric Adams of New York City to express his condolences for the death of New York City Police Ofc. Jonathan Diller, who was killed during a traffic stop on March 25, and offer Mayor Adams and the New York Police Department his support in the wake of the tragedy. Also in the morning, the President had a telephone conversation with Hadassah Lieberman, wife of former Sen. Joseph I. Lieberman, to offer his condolences on the death of her husband on March 27. In the afternoon, upon arrival at John F. Kennedy International Airport, the President traveled to the JW Marriott Essex House New York hotel, where he recorded an interview with Jason Bateman, Sean Hayes, and Will Arnett for their SmartLess podcast for later release. Former Presidents Obama and William J. Clinton also participated. Later, the President and former Presidents Obama and Clinton traveled to Radio City Music Hall, where they participated in a photo line with Senate Majority Leader Charles E. Schumer, House Minority Leader Hakeem S. Jeffries, and Reps. Jerrold L. Nadler, Gregory W. Meeks, and Adriano D. Espaillat. In the evening, the President returned to the Essex House hotel hotel, where he remained overnight. March 29 In the morning, the President had an intelligence briefing. Later, he traveled to the InterContinental New York Barclay hotel. In the afternoon, the President and Dr. Biden traveled to Camp David, MD, where they remained overnight. Their daughter Ashley, son Hunter, daughter-in-law Melissa Cohen, and grandson Beau accompanied them. March 31 In the afternoon, the President and Dr. Biden returned to Washington, DC, arriving in the evening. The White House announced that the President will travel to Wilmington, DE, on April 5 through 7. April 1 In the morning, the President had an intelligence briefing. Then, he and Dr. Biden participated in an interview with Al Roker, NBC weather anchor and "Today" program cohost. Later, on the South Lawn, they participated in White House Easter Egg Roll activities. During the day, the President had separate telephone conversations with Acting Secretary of Labor Julie A. Su and International Longshoremen's Association International President Harold J. Daggett to discuss recovery efforts following the collapse of the Francis Scott Key Bridge in Baltimore, MD. The White House announced that the President will travel to Baltimore, MD, on April 5. April 2 In the morning, the President had an intelligence briefing. Also in the morning, he had a telephone conversation with President Xi Jinping of China to discuss a range of bilateral, regional, and global issues, including counternarcotics cooperation, ongoing military-to-military communication, efforts to address AI-related risks and climate change, and people-to-people exchanges. President Biden emphasized the importance of maintaining peace and stability across the Taiwan Strait and the rule of law and freedom of navigation in the South China Sea, raised concerns over China's support for Russia's defense industrial base and its impact on European and transatlantic security, reiterated the U.S. commitment to the complete denuclearization of the Korean Peninsula, raised continued concerns about China's unfair trade policies and nonmarket economic practices, and emphasized that the U.S. will continue to take necessary actions to prevent advanced U.S. technologies from being used to undermine our national security, without unduly limiting trade and investment. The two leaders welcomed ongoing efforts to maintain open channels of communication and responsibly manage the relationship through high-level diplomacy and working-level consultations, including during upcoming visits to China by Secretary of the Treasury Janet L. Yellen and Secretary of State Antony J. Blinken. During the day, the President had a telephone conversation with José Ramón Andrés Puerta, chair emeritus, Think Food Group, in his capacity as founder and chief feeding officer of World Central Kitchen (WCK), a provider of food services to people experiencing humanitarian, climate, and community crises. The President expressed his condolences for the seven WCK aid workers killed in Israeli airstrikes while providing food assistance in Gaza, Palestinian Territories, recognized the contributions of the WCK to the people of Gaza and around the world, and conveyed his intention to make clear to Israel that humanitarian aid workers must be protected. In the evening, the President met with Muslim community leaders to discuss issues of importance to the community, including the situation in Gaza, Palestinian Territories. Then, he hosted a breaking-of-the-fast prayer and iftar dinner with Muslim senior administration officials. Vice President Kamala D. Harris and senior members of his national security team also attended. The White House announced that the President will travel to Madison, WI, and Chicago, IL, on April 8. April 3 In the morning, the President had an intelligence briefing. In the afternoon, the President recorded an interview with Enrique Acevedo of Univision for later broadcast. The President announced the designation of the following individuals as members of a Presidential delegation to attend Kwibuka 30, the 30th anniversary commemoration of the 1994 genocide in Kigali, Rwanda, on April 7: William J. Clinton (head of delegation); Eric Kneedler; Mary C. Phee; Casey Redmon; and Monde Muyangwa. April 4 In the morning, the President had an intelligence briefing. In the afternoon, in the East Room, prior to a Greek Independence Day reception, the President participated in a photo line with U.S. Ambassador to Greece George J. Tsunis, Greece's Ambassador to the U.S. Katerina Nassika, Cyprus's Ambassador to the U.S. Evangelos Savva, Lt. Gov. Eleni Kounalakis of California, Rep. Douglas L. Lamborn, and Delaware State Rep. Spiros Mantzavinos. He also had a telephone conversation with Alexander Karloutsos, former vicar general of the Greek Orthodox Archdiocese of America, to wish him a happy birthday. During the day, the President had a telephone conversation with Prime Minister Benjamin Netanyahu of Israel to discuss the situation in Gaza. The President emphasized that the strikes on humanitarian workers and the overall humanitarian situation are unacceptable, made clear the need for Israel to announce and implement a series of specific, concrete, and measurable steps to address civilian harm, humanitarian suffering, and the safety of aid workers, emphasized that U.S. policy with respect to Gaza will be determined by our assessment of Israel's immediate action on these steps, underscored that an immediate cease-fire is essential to stabilize and improve the humanitarian situation and protect innocent civilians, and urged Prime Minister Netanyahu to empower his negotiators to conclude a deal without delay to bring the hostages home. The two leaders also discussed public Iranian threats against Israel and the Israeli people, with the President making clear that the U.S. strongly supports Israel in the face of those threats. The White House announced further details on the President's travel to Baltimore, MD, on April 5. The White House announced that the President and Dr. Biden will welcome Prime Minister Fumio Kishida of Japan and his wife Yuko Kishida for a state visit to the U.S., including a state dinner at the White House, on April 10. April 5 In the morning, the President had an intelligence briefing. Then, he was briefed on the earthquake affecting the northeastern U.S. Later, he had a telephone conversation with Gov. Philip D. Murphy of New Jersey to discuss the earthquake and offer Federal assistance in the recovery effort. In the afternoon, the President traveled to Middle River, MD, accompanied by Gov. Westley W.O. "Wes" Moore of Maryland, White House Deputy Chief of Staff Natalie H. Quillian, Commandant of the U.S. Coast Guard Adm. Linda L. Fagan (USCG), and Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers Lt. Gen. Scott A. Spellmon. While en route aboard Marine One, they took an aerial tour of the collapsed Francis Scott Key Bridge. Then, upon arrival at Martin State Airport in Middle River, he traveled to Dundalk, MD, where, at the Maryland Transportation Authority (MDTA) Police Headquarters, he was briefed by Federal, State, and local officials on bridge recovery efforts. Later, also at MDTA Police Headquarters, he met with the families of Alejandro Hernandez Fuentes, Dorlian Ronial Castillo Cabrera, Miguel Luna, Jose Mynor Lopez, Carlos Hernández, and Maynor Yassir Suazo Sandoval, immigrant construction workers who were killed in the collapse of the bridge. Later in the afternoon, the President traveled to New Castle, DE. Upon arrival at Delaware Air National Guard Base, he traveled to his residence. In the evening, the President arrived at his residence in New Castle, where he remained overnight. The White House announced further details on the President's travel to Madison, WI, and Chicago, IL, on April 8. The White House announced that the President will travel to Rehoboth Beach, DE, on April 12 and 13. April 6 The White House announced further details on the President's travel to Madison, WI, on April 8. The President declared a major disaster in Alaska and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe storm, flooding, and landslides on November 20, 2023. April 7 In the evening, the President had a telephone conversation with Dawn Staley, head coach of the University of South Carolina women's basketball team, to congratulate her on the team's National Collegiate Athletic Association championship victory against the University of Iowa. The White House announced further details on the President's travel to Chicago, IL, on April 8. The White House announced further details on the visit of Prime Minister Fumio Kishida and First Lady Yuko Kishida of Japan to the White House on April 10 and April 11. The White House announced further details on the visit of President Ferdinand R. "Bongbong" Marcos, Jr., of the Philippines to the White House on April 11. The White House announced further details on the President's travel to Rehoboth Beach, DE, on April 12 and 13. April 8 In the morning, at his residence in Greenville, DE, the President had an intelligence briefing. Later, he traveled to Philadelphia, PA. Upon arrival at the Philadelphia International Airport, he traveled to Madison, WI, arriving in the afternoon. In the afternoon, upon arrival at the Dane County Regional Airport, the President was greeted on the tarmac by Gov. Anthony S. Evers of Wisconsin, Rep. Mark Pocan, Mayor Satya Rhodes-Conway of Madison, County Executive Joe Parisi of Dane County, WI, and Wisconsin Air National Guard 115th Fighter Wing Commander Col. Bart T. Van Roo, USAF. Then, upon arrival at Madison College, he participated in a photo line with Gov. Evers, Rep. Pocan, Wisconsin Secretary of State Sarah Godlewski, State Senate Minority Leader Dianne Hesselbein, Mayor Rhodes-Conway, and Ho-Chunk Nation District 3 Rep. Lambert Cleveland, Jr. Later, he traveled to Chicago, IL. Upon arrival at the Soldier Field landing zone, he was greeted on the tarmac by Rep. Danny K. Davis, Mayor Brandon Johnson of Chicago, and County Board President Toni L. Preckwinkle of Cook County, IL. Then, at the Drake hotel, he attended a campaign meeting. In the evening, the President returned to Washington, DC. April 9 In the morning, the President had an intelligence briefing. In the afternoon, at Union Station, the President participated in a photo line with Reps. Rosa L. DeLauro and Deborah A. Dingell and, prior to his remarks on the care economy, met with Rachael King, wife, and Carl Barkan, son, of health care activist Ady Barkan, who died from complications associated with ALS on November 1, 2023. In the evening, on the South Portico, the President and Dr. Biden welcomed Prime Minister Fumio Kishida and First Lady Yuko Kishida of Japan, posed for photographs, and participated in a guestbook signing and official gift exchange. Then, at BlackSalt Fish Market and Restaurant, they had dinner with Prime Minister and Mrs. Kishida. During the day, the President had a telephone conversation with Dan Hurley, head coach of the University of Connecticut men's basketball team, to congratulate him on the team's National Collegiate Athletic Association championship victory against Purdue University. April 10 In the morning, the President had an intelligence briefing. In the evening, on the North Portico, the President and Dr. Biden welcomed Prime Minister Fumio Kishida and First Lady Yuko Kishida of Japan for a state dinner in the East Room, posed for photographs on the Grand Staircase, and participated in a private reception in the Blue Room. Later, in the State Dining Room, they hosted Prime Minister and Mrs. Kishida for an entertainment reception featuring a performance by musician Paul Simon. April 11 In the morning, the President had an intelligence briefing. In the afternoon, the President met with President Ferdinand R. "Bongbong" Marcos, Jr., of the Philippines to discuss Philippines-U.S. relations; review new initiatives to enhance economic and energy security, bolster maritime cooperation, invest in critical infrastructure, reinforce their shared commitment to promote democracy, human rights, and labor rights, and deepen people-to- people ties; and underscore their mutual commitment to international law in the South China Sea, with President Biden emphasizing the U.S. commitment to the Philippines under the bilateral mutual defense treaty. U.S. Secretary of State Antony J. Blinken, National Security Adviser Jacob J. Sullivan, U.S. Ambassador to the Philippines MaryKay Carlson, and National Security Council Senior Director for East Asia and Oceania Mira Rapp-Hooper, and Philippines Secretary of Foreign Affairs Philippines Enrique A. Manalo, Ambassador to the U.S. Jose Manuel G. Romualdez, National Security Adviser Eduardo M. Año, and Under Secretary of Foreign Affairs Maria Theresa P. Lazaro of the Philippines also attended. The President announced his intention to nominate Amanda S. Jacobsen to be Ambassador to Equatorial Guinea. The President announced his intention to nominate Christophe A. Tocco to be Ambassador to Mauritania. The President announced his intention to nominate Shirley Sachi Sagawa to be a member of the Board of Directors of the Corporation for National and Community Service. The President announced his intention to nominate Heather M. Cahoon to be a member of the Board of Trustees of the Morris K. Udall and Stewart L. Udall Foundation. The President announced his intention to nominate Ashley J.E. Poling and Ann C. Fisher to be Commissioners on the Postal Regulatory Commission. April 12 In the afternoon, in the Oval Office, the President had an intelligence briefing. Later, he traveled to Dover Air Force Base, DE, arriving in the evening. In the evening, upon arrival at Dover Air Force Base, the President traveled to Rehoboth Beach, DE, where, at his residence, he remained overnight. The White House announced that the President will travel to Scranton, PA, on April 16 and 17 and to the Pittsburgh, PA, area on April 17. The White House announced that the President will travel to Philadelphia, PA, on April 18. The White House announced that the President will travel to Wilmington, DE, on April 21. April 13 In the afternoon, the President returned to Washington, DC. Later, in the Situation Room, he was briefed by the principals of the National Security Council on the situation in the Middle East. Vice President Kamala D. Harris and White House Chief of Staff Jeffrey D. Zients participated via secure videoconference. During the day, the President was briefed by National Security Adviser Jacob J. Sullivan and Principal Deputy National Security Adviser Jonathan Finer on the situation in the Middle East. In the evening, in the Situation Room, the President had a telephone conversation with Prime Minister Benjamin Netanyahu of Israel to congratulate him on the Israeli Defense Forces' response to the missile and drone attack by Iran, reaffirm the U.S. commitment to Israel's security, commend the participation of U.S. forces in the coalition response to the attack, discuss the planning, preparation, and coordination that went into the response, and emphasize the success of the response as a reflection of Israel's standing in the region. Also in the Situation Room, the President continued to receive updates from Gen. M. Erik Kurilla, USA, commander, U.S. Central Command, and his defense team on the situation in the Middle East. The President declared a major disaster in Oregon and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected severe winter storms, straight-line winds, landslides, and mudslides from January 10 through 22.The President declared a major disaster in California and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by severe winter storms, tornadoes, flooding, landslides, and mudslides from January 31 through February 9. April 14 In the morning, the President participated in a secure call with Group of Seven (G–7) nations leaders to discuss Iran's missile and drone attack against Israel. Also in the morning, he spoke with members of the 494th and 335th Fighter Squadrons to commend them for their exceptional airmanship and skill in defending Israel against Iran's attack. In the afternoon, the President had a telephone conversation with Senate Majority Leader Charles E. Schumer, Senate Minority Leader A. Mitchell McConnell, Speaker of the House of Representatives J. Michael Johnson, and House Minority Leader Hakeem S. Jeffries to discuss Iran's missile and drone attack against Israel and the need for the House of Representatives to pass national security supplemental legislation as soon as possible. During the day, the President had a telephone conversation with King Abdullah II of Jordan to discuss the situation in the Middle East and condemn Iran's missile and drone attack against Israel, which also threatened Jordan. Both leaders agreed to continue monitoring the situation and remain in close touch over the coming days, discussed the situation in Gaza, and reaffirmed their cooperation to increase humanitarian assistance to Gaza and pursue an end to the crisis as soon as possible. The White House announced further details on the President's travel to Scranton, PA, on April 16, the Pittsburgh, PA, area on April 17, and Philadelphia, PA, on April 18. April 15 In the morning, the President had an intelligence briefing. During the day, the President was briefed by his national security team on the situation in the Middle East. Also during the day, he had a telephone conversation with House of Representatives J. Michael Johnson on efforts to pass national security supplemental legislation. The White House announced additional details on the President's travel to the Pittsburgh, PA, area on April 17. April 16 In the morning, in the Oval Office, the President and Vice President Kamala D. Harris had an intelligence briefing. In the afternoon, the President traveled to Avoca, PA. Upon arrival at the Wilkes-Barre Scranton International Airport, he was greeted on the tarmac by Gov. Joshua D. Shapiro of Pennsylvania and Mayor Paige Gebhardt Cognetti of Scranton. Then, he traveled to Scranton, PA, where, at the Scranton Cultural Center at the Masonic Temple, he participated in a photo line with Gov. Shapiro, Mayor Cognetti, and other State and local officials. Later, he recorded a television interview with Nexstar Media Group, Inc., for later broadcast. Then, he traveled to the Green Ridge neighborhood of Scranton, where he toured his childhood home, visited with the family of the most recent homeowner, and greeted bystanders gathered outside. In the evening, the President traveled to the Radisson Lackawanna Station Hotel Scranton in Scranton, PA, where he remained overnight. The White House announced additional details on the President's travel to Philadelphia, PA, on April 18. April 17 In the morning, the President had an intelligence briefing. Then, he traveled to Avoca, PA, arriving in the afternoon. While en route, he stopped at Zummo's Cafe in Scranton, where, accompanied by Mayor Paige Gebhardt Cognetti of Scranton, he ordered muffins and scones and greeted employees and patrons. Then, he and Mayor Cognetti stopped at the Scranton Veterans Memorial Park, where he observed a moment of silence and said a prayer for his uncle, Ambrose J. Finnegan, Jr., who died in World War II and is memorialized on a wall of names in the park. In the afternoon, upon arrival at Wilkes-Barre Scranton International Airport in Avoca, the President traveled to Pittsburgh, PA. While en route aboard Air Force One, he was briefed on House of Representatives national security supplemental legislation. Upon arrival at Pittsburgh International Airport, he was greeted on the tarmac by Mayor Edward C. Gainey of Pittsburgh, and Col. Frank J. Shoaf, USAF, commander, 171st Mission Support Group, and Maj. Chris Bowser, USAF, installation deployment officer, 171st Air Refueling Wing. Then, he traveled to United Steelworkers International Headquarters, where, prior to making remarks, he greeted and participated in a photo line with steelworkers. Also participating were Pennsylvania State Attorney General Michelle A. Henry, State Senate Minority Leader Jay Costa, Mayor Gainey, and County Executive Sara Innamorato of Allegheny County, PA. Later in the afternoon, the President stopped by a Sheetz gas station with Mayor Gainey and County Executive Innamorato, where he greeted patrons and employees and purchased sandwiches. Then, at Pittsburgh International Airport, joined by Mayer Gainey and County Executive Innamorato, he stopped by a construction site, where he greeted and shared the sandwiches with construction workers and local union leaders and members. Then, he returned to Washington, DC. Prior to boarding Air Force One, he greeted and posed for a photo with State troopers. The President announced his intention to nominate Carmen G. Iguina González and Joseph R. Palmore to be judges on the District of Columbia Court of Appeals. April 18 In the morning, the President had an intelligence briefing. Later, he traveled to Philadelphia, PA, arriving in the afternoon. In the afternoon, upon arrival at the Philadelphia International Airport, the President was greeted on the tarmac by former Rep. Robert A. Brady. Then, he traveled to the Martin Luther King, Jr., Recreation Center, where, prior to delivering remarks, he participated in photo line with Lt. Gov. Austin Davis of Pennsylvania, Philadelphia City Councilmember Jeffrey Young, Jr., and State Rep. Donna Bullock. Later, accompanied by Mayor Cherelle L. Parker of Philadelphia, he stopped by a Wawa convenience store, where he ordered a sandwich, milkshake, and other items. Then, at the Philadelphia International Airport, prior to boarding Air Force One, he greeted police officers. Then, he returned to Washington, DC. The White House announced that the President will travel to Virginia on April 22. The White House announced that the President will travel to Tampa, FL, on April 23. The President announced his intention to nominate John B. Wiegmann to be General Counsel of the Office of the Director of National Intelligence. The President announced his intention to nominate Curtis R. Ried to be U.S. Representative to the Organization for Security and Cooperation in Europe, with the rank of Ambassador. April 19 In the morning, the President had an intelligence briefing. In the afternoon, at the Washington Hilton hotel, following his remarks, the President participated in a photo line with members and leaders of the International Brotherhood of Electrical Workers union. Later, he traveled to New Castle, DE, arriving in the evening. In the evening, upon arrival at Delaware Air National Guard Base, the President traveled to his residence in Greenville, DE, where he remained overnight. The White House announced further details on the President's travel to Virginia on April 22 and Tampa, FL, on April 23. The White House announced that the President, Dr. Biden, Vice President Kamala D. Harris, and her husband Douglas C. Emhoff will attend the White House Correspondents' Association dinner on April 27. The President declared a major disaster for the Hoopa Valley Tribe and ordered Federal aid to supplement the Tribal Nation's efforts in the areas affected by a severe winter storm on January 30 and 31. The President declared a major disaster for the Morongo Band of Mission Indians and ordered Federal aid to supplement the Tribal Nation's efforts in the areas affected by severe storms and flooding from January 29 through February 9. The President declared a major disaster in New Hampshire and ordered Federal assistance to supplement State and local recovery efforts in the areas affected by severe storms and flooding from January 9 through 14. The President declared a major disaster in Vermont and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe winter storm from January 9 through 13. April 20 In the afternoon, the President had separate telephone conversations with Speaker of the House of Representatives J. Michael Johnson and House Minority Leader Hakeem S. Jeffries to thank them for their leadership in passing a national security supplemental legislation package. Later, at the St. Joseph on the Brandywine Roman Catholic Church in Greenville, DE, he attended Mass with his sister Valerie Biden Owens. In the evening, at his residence in Greenville, the President remained overnight. The White House announced further details on the President's travel to Triangle, VA, on April 22. April 21 The White House announced that the President will return to Washington, DC, on August 22. April 22 In the morning, the President had an intelligence briefing. Later, he traveled to Joint Base Andrews, MD, arriving in the afternoon. In the afternoon, the President traveled to Triangle, VA, where, upon arrival at the Prince William Forest Park, he was greeted by Sen. Edward J. Markey and Rep. Alexandria Ocasio- Cortez. Then, they participated in a photo line with Secretary of the Interior Debra A. Haaland, Environmental Protection Agency Administrator Michael S. Regan, Sen. Bernie Sanders, Mayor Michelle Davis-Younger of Manassas, VA, Mayor Derrick Wood of Dumfries, VA, and Board of County Supervisors Chair at-Large Deshundra Jefferson of Prince William County, VA. Later, he traveled to Quantico, VA, where, prior to departure from the Marine Corps Air Facility Quantico, he visited with marines and posed for photographs. Then, he returned to Washington, DC. Sens. Markey and Sanders and Rep. Ocasio-Cortez accompanied him. During the day, the President had separate telephone conversations with President Volodymyr Zelenskyy of Ukraine and President Ursula von der Leyen to underscore the shared U.S. and European commitment to supporting Ukraine in its defense against Russian aggression, including the provision of a new U.S. security assistance package to meet critical battlefield and air defense needs, as well as U.S. and international economic assistance to help maintain financial stability, build back infrastructure, and support reform aimed at further Euro-Atlantic integration. The White House announced further details on the President's travel to Tampa, FL, on April 23. The White House announced that the President will travel to Syracuse, NY, on April 25 and New York City on April 26. April 23 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Tampa, FL. Upon arrival at the Tampa International Airport, he was greeted on the tarmac by Rep. Katherine A. Castor. Then, at the Hillsborough Community College Dale Mabry Campus, he participated in a photo line with Rep. Castor, former Rep. Debbie Mucarsel-Powell, Florida State House Minority Leader Fentrice Driskell, State Sen. Shevrin D. "Shev" Jones, District 6 Commissioner Patricia Kemp of Hillsborough County, FL, and District 1 Councilmember Alan Clendenin of Tampa. Later, he returned to Washington, DC, arriving in the evening. The White House announced additional details on the President's travel to Syracuse, NY, on April 25. The White House announced that the President will deliver the commencement address at Morehouse College in Atlanta, GA, on May 19. The White House announced that the President will deliver the commencement address at the U.S. Military Academy in West Point, NY, on May 25. April 24 In the morning, the President had an intelligence briefing. Then, he signed H.R. 815, making national security supplemental appropriations. He also had separate telephone conversations with Senate Majority Leader Charles E. Schumer and Minority Leader A. Mitchell McConnell to thank them for their hard work in passing the legislation. In the afternoon, at the Washington Hilton hotel, the President participated in a photo line with national union presidents, State and local labor leaders, and rank-and-file members in attendance for the North America's Building Trades Unions National Legislative Conference, as well as Mayor Paige Gebhardt Cognetti of Scranton, PA. Later, in the Oval Office, the President met with Abigail Mor Edan, an Israeli-American citizen who was abducted during the Hamas attacks against Israel on October 7, 2023, and released on November 26, 2023. National Security Adviser Jacob J. Sullivan also attended. Later, also in the Oval Office, he met with White House Press Secretary Karine Jean-Pierre. The White House announced additional details on the President's travel to New York City on April 25. The President announced his intention to nominate Michelle Williams Court, Anne Hwang, and Cynthia Valenzuela Dixon to be judges on the U.S. District Court for the Central District of California. The President announced his intention to nominate Danna Jackson to be a judge on the U.S. District Court for the District of Montana. The President announced his intention to nominate Sarah Netburn to be a judge on the U.S. District Court for the Southern District of New York. The President announced his intention to nominate Stacey D. Neumann to be a judge on the U.S. District Court for the District of Maine. The President announced his intention to nominate April Perry to be a judge on the U.S. District Court for the Northern District of Illinois. April 25 In the morning, the President had an intelligence briefing. Later, he traveled to Syracuse, NY, arriving in the afternoon. In the afternoon, upon arrival at Hancock Field Air National Guard Base, the President was greeted on the tarmac by Gov. Kathleen C. Hochul of New York, Senate Majority Leader Charles E. Schumer, County Executive J. Ryan McMahon II of Onondaga County, NY, New York Air National Guard Assistant Adjutant General and Commander Maj. Gen. Denise M. Donnell, USAF, and 174th Attack Wing Maintenance Group Commander Col. Brett Batick, USAF. Then, he traveled to the Milton J. Rubenstein Museum of Science and Technology. Gov. Hochul, Sen. Schumer, and County Executive McMahon accompanied him. At the museum, he was briefed on U.S. semiconductor manufacturing industry by Micron Technology President and Chief Executive Officer Sanjay Mehrotra, Executive Vice President of Global Operations Manish Bhatia, and Executive Vice President and Chief People Officer April Arnzen and participated in a photo line with State, Tribal, and local officials. Gov. Bradley J. Little of Idaho and Mayor Lauren McLean of Boise, ID, also participated. Following his remarks at the museum, he met with the families of Onondaga County Sheriff's Office Lt. Michael Hoosock and Syracuse Police Department Ofc. Michael Jensen, who were killed during a traffic stop in Syracuse, NY, on April 14. Later, he traveled to Irvington, NY, arriving in the evening. In the evening, the President traveled to New York City, where, at the JW Marriott Essex House New York hotel, he remained overnight. April 26 In the morning, the President had an intelligence briefing. Later, at SiriusXM Studios, he participated in a live interview with Howard Stern for his SiriusXM radio show. In the afternoon, the President returned to Washington, DC. The White House announced that the President will welcome the Women's National Basketball Association champion Las Vegas Aces to the White House on May 9. The White House announced that the President will travel to Wilmington, DE, on April 23. The White House announced that the President and the Dr. Biden will travel to Wilmington, DE, on April 26. April 27 In the evening, upon arrival at the Washington Hilton hotel, the President and Dr. Biden were greeted by White House Correspondents' Association President Kelly O'Donnell. Then, they participated in a photo line with White House Correspondents' Association Dinner guests. April 28 During the day, the President had a telephone conversation with Prime Minister Benjamin Netanyahu of Israel to reaffirm the U.S. commitment to Israel's security following the successful defense against Iran's April 13 missile and drone attack on Israel; review ongoing talks to secure the release of hostages held by Hamas together with an immediate cease-fire in Gaza; discuss increases in the delivery of humanitarian assistance into Gaza and coordination with humanitarian organizations; and reiterate the U.S. position regarding potential Israeli military operations in Rafah. Also during the day, he had a telephone conversation with Gov. J. Kevin Stitt of Oklahoma to offer the full support of the Federal Government following the April 27 tornadoes. Also during the day, the President had a telephone conversation with President Andrés Manuel López Obrador of Mexico to discuss their continued commitment to strengthening bilateral and regional cooperation to benefit the people of the U.S. and Mexico. The two leaders discussed how to effectively manage hemispheric migration, strengthen operational efficiency on the U.S.-Mexico border to improve the security and prosperity of citizens of both nations, ordered their national security teams to implement concrete measures to significantly reduce irregular border crossings while protecting human rights, and pledged to advance initiatives to address the root causes of migration throughout the Western Hemisphere. The White House announced additional details on the President's travel to Wilmington, DE, on April 30. The White House announced that the President will award the Presidential Medal of Freedom on May 3. The White House announced that the President and Dr. Biden will travel to Wilmington, DE, on May 3. The President declared a major disaster in Kansas and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe winter storm from January 8 through 16. The President declared a major disaster in Washington and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by severe winter storms, straight-line winds, flooding, landslides, and mudslides from January 5 through 29. April 29 In the morning, the President had an intelligence briefing. In the afternoon, the President had separate telephone conversations with President Abdelfattah Said Elsisi of Egypt and Amir Tamim bin Hamad Al Thani of Qatar to discuss the deal under consideration to secure the release of hostages held by Hamas together with an immediate cease-fire in Gaza, confirm the U.S. commitment to work with Egypt and Qatar to ensure its full implementation, urge both leaders to exert all efforts to secure the release of the hostages as the only remaining obstacle to an immediate cease-fire and relief for civilians in Gaza, and review ongoing initiatives to increase the flow of humanitarian assistance. The President thanked both leaders for their personal commitment to those efforts and reiterated to President Elsisi the importance of protecting civilian lives and ensuring that Palestinians are not displaced to Egypt or any other location outside of Gaza. During the day, the President met with his senior advisers. Also during the day, he was briefed on the shooting in Charlotte, NC, in which multiple law enforcement officers were killed while attempting to serve an arrest warrant, and had separate telephone conversations with Gov. Roy A. Cooper III of North Carolina and Mayor Viola "Vi" Lyles of Charlotte to express his condolences and support for the community. He also met with his senior advisers. The White House announced that the President will travel to Wilmington, NC, on May 2. April 30 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Wilmington, DE, where, at Alexis I. du Pont High School, he participated in a campaign event In the evening, the President traveled to Greenville, DE, where he stopped briefly at his residence. Later, he returned to Washington, DC. The White House announced additional details on the President's travel to Wilmington, NC, on May 2. The President declared a major disaster in Oklahoma and ordered Federal aid to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms, straight-line winds, tornadoes, and flooding beginning on April 25 and continuing. May 1 In the morning, the President had an intelligence briefing. In the afternoon, the President met with White House Press Secretary Karine Jean-Pierre. Later, at the Mayflower Hotel, prior to his remarks at a campaign reception, he participated in a photo line with Sens. L. Tammy Duckworth and Mazie K. Hirono. The White House announced that the President will travel to Charlotte, NC, on May 2. The White House announced that the President will travel to Detroit, MI, on May 19. May 2 In the morning, the President had an intelligence briefing. Later, he traveled to Charlotte, NC, arriving in the afternoon. In the afternoon, upon arrival at the Charlotte Douglas International Airport, the President was greeted on the tarmac by Gov. Roy A. Cooper III of North Carolina; Mayor Viola "Vi" Lyles of Charlotte, NC; Charlotte-Mecklenburg Police Department Chief Johnny Jennings; U.S. Marshals Service Director Ronald L. Davis; North Carolina Department of Adult Correction Secretary Todd Ishee; and Col. Lisa Kirk, USAF, Vice Wing Commander, and SMSgt Thomas Lazaroski, USAF, Fire Chief, 145th Airlift Wing, Civil Engineering Squadron, Charlotte Air National Guard Base. Then, at Charlotte Air National Guard Base at the airport, he met with the families of Ofc. Joshua Eyer of the Charlotte-Mecklenburg Police Department (CMPD), Deputy U.S. Marshal Thomas M. Weeks, Jr., and Officers Samuel Poloche and W. Alden Elliott of the North Carolina Department of Adult Correction, who were killed in a shooting while attempting to serve an arrest warrant in Charlotte on April 29; CMPD Officers Christopher Tolley, Michael Giglio, Jack Blowers, and Justin Campbell, who were injured in the shooting; other law enforcement officers; and local elected officials. Later in the afternoon, the President traveled to Wilmington, NC, accompanied by Gov. Cooper. Upon arrival at the Wilmington International Airport, he was greeted on the tarmac by Mayor Vassilios Avgerinos "Bill" Saffo of Wilmington and responded to a question from a reporter. Then, at the Wilmington Convention Center, he participated in a photo line with Gov. Cooper, Environmental Protection Agency Administrator Michael S. Regan, North Carolina State Auditor Jessica N. Holmes, State Rep. Deborah Armfield Butler, Mayor Saffo, Mayor Pro-tem Clifford D. Barnett, Sr., of Wilmington, County Commissioner Jonathan Barfield, Jr., of the New Hanover County Board of Commissioners, Wilmington City Councilmembers Kevin Spears and Salette Andrews, and local labor and faith leaders. Also at the Convention Center, he met with students and faculty from Bradley Creek Elementary School in Wilmington, where a lead- contaminated water fountain was replaced using funds from the Infrastructure Investment and Jobs Act. In the evening, the President returned to Washington, DC. Prior to departure from Wilmington International Airport, on the tarmac, he greeted and posed for a group photo with law enforcement officers. The President announced his intention to nominate Tonya P. Wilkerson to be Under Secretary of Defense for Intelligence and Security. The President announced his intention to nominate Abigail L. Dressel to be Ambassador Extraordinary and Plenipotentiary to Angola, and to serve concurrently and without additional compensation as Ambassador to Sao Tome and Principe. The President announced his intention to nominate James Holtsnider to be Ambassador Extraordinary and Plenipotentiary to Samoa. The President announced his intention to nominate Elaine Marie Clegg and Ronald L. Batory to be members of the Amtrak Board of Directors. The President announced his intention to nominate Marcus D. Graham to be a member of the Farm Credit Administration. The President announced his intention to nominate Matthew Kaplan to be Federal Cochairperson of the Great Lakes Authority. The President declared a major disaster in Ohio and ordered Federal assistance to supplement State and local recovery efforts in the areas affected by tornadoes on March 14. May 3 In the afternoon, in the Oval Office, the President and Vice President Kamala D. Harris had an intelligence briefing. During the day, the President met with actor Mark Hammill. In the evening, the President traveled to New Castle, DE. Upon arrival at Delaware Air National Guard Base, he traveled to Greenville, DE, where, at his residence, he remained overnight. The White House that the President and Dr. Biden will host a Cinco de Mayo celebration at the White House on May 6. The White House announced that the President will travel to Racine, WI, and Chicago, IL, on May 8. The White House announced that the President will award the Presidential Medal of Freedom to 19 recipients at the White House. The White House announced that the President will present the Commander in Chief's Trophy to the U.S. Military Academy Black Knights at the White House on May 6. The President declared a major disaster in Nebraska and ordered Federal aid to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms, straight-line winds, and tornadoes from April 25 through 27. May 4 In the afternoon, at the Fieldstone Golf Club, the President had lunch with his grandson Hunter. May 5 The White House announced that the President will return to Washington, DC, on May 6. The White House announced that the President will welcome King Abdullah II of Jordan to the White House on May 6. The White House announced further details on the President's travel to Racine, WI, and Chicago, IL, on May 8. May 6 In the morning, the President had an intelligence briefing. He also had a telephone conversation with Prime Minister Benjamin Netanyahu of Israel to reaffirm his message commemorating Yom HaShoah, Holocaust Remembrance Day, and discuss the shared Israel-U.S. commitment to remember the 6 million Jews murdered in the Holocaust and forcefully act against anti-Semitism and all forms of hate-fueled violence. President Biden updated the Prime Minister on efforts to secure a hostage deal, including through ongoing talks in Doha, Qatar, and reiterated his clear position discouraging any planned ground operation in Rafah. Prime Minister Netanyahu agreed to ensure the Kerem Shalom crossing would remain open for humanitarian assistance. Later, the President returned to Washington, DC. In the afternoon, in the Private Dining Room, the President had lunch with King Abdullah II of Jordan to acknowledge 75 years of Jordan-U.S. relations, congratulate the King on the 25th anniversary of his accession to the throne, and discuss the latest developments in Gaza, affirming their joint commitment to end the crisis, underscoring the need for an immediate release of the hostages held by Hamas and a sustainable cease-fire to allow for a surge of humanitarian assistance delivery, and noting the importance of stability in the West Bank and support for the reforms now being pursued by the Palestinian Authority. Later, he participated in a photo line with Members of Congress attending the White House Cinco de Mayo celebration in the Rose Garden. During the day, the President recorded an interview with Stephanie Himonidis of the radio program "El Show de Chiquibaby" for later broadcast. The White House announced that the President will welcome President Klaus Iohannis of Romania to the White House on May 7. The White House announced further details on the President's travel to Racine, WI, on May 8. May 7 In the morning, the President had an intelligence briefing. Later, upon arrival at the U.S. Capitol, he was greeted by House of Representatives Sergeant at Arms William P. McFarland. In the afternoon, the President met with chief executive officers from a range of industries, including manufacturing, banking, clean energy, and construction, to discuss the administration's investment agenda, coupled with renewed alliances abroad, efforts to create strong and stable conditions for businesses and workers, and the importance of continuing Government-enabled, private sector–led investments for strong economic growth and U.S. leadership in the global economy. The White House announced further details on the President's travel to Chicago, IL, on May 8. May 8 In the morning, the President had an intelligence briefing. Later, he traveled to Milwaukee, WI. Upon arrival at the Milwaukee Mitchell International Airport, he was greeted on the tarmac by Gov. Anthony S. Evers of Wisconsin, Mayor Cory Mason of Racine, WI, County Executive David Crowley of Milwaukee County, WI, County Executive Jonathan Delagrave of Racine County, WI, and 128th Air Refueling Wing Commander Col. Charles C. Merkel, USAF, and Command Chief CMS Bill L. Smith, USAF. Then, he traveled to Sturtevant, WI. Gov. Evers, Mayor Mason, and County Executive Delagrave accompanied him. Upon arrival at Gateway Technical College's SC Johnson Integrated Manufacturing and Engineering Technology (IMET) Center, he participated in a photo line with State and local leaders and recorded an interview with Erin Burnett of CNN's "Erin Burnett OutFront" program for later broadcast. In the afternoon, the President traveled to Racine, WI, where, upon arrival at the Dr. John Bryant Community Center, he was greeted by Mayor Mason and former Chief of Police Arthel "Art" Howell of Racine and met with Sheree Robinson, a current student at the Racine Adult Education Center, an adult continuing education program that received funding through the American Rescue Plan. Later, he traveled to Chicago, IL. Upon arrival at the Soldier Field landing zone, he was greeted by Board of Commissioners President Toni Preckwinkle of Cook County, IL In the evening, the President returned to Washington, DC. Upon arrival on the South Lawn at the White House after exiting Marine One, he answered a reporter's question. The White House announced that the President will travel to the San Francisco, CA, area on May 9 and 10 and Seattle, WA, on May 10 and 11. The White House announced further details on the President's travel to Mountain View, CA, on May 9. The President announced his intention to nominate Embry J. Kidd to be a judge on the U.S. Court of Appeals for the 11th Circuit. The President announced his intention to nominate Adam B. Abelson to be a judge on the U.S. District Court for the District of Maryland. The President announced his intention to nominate Joseph F. Saporito, Jr., to be a judge on the U.S. District Court for the Middle District of Pennsylvania. The President announced his intention to nominate Meredith A. Vacca to be a judge on the U.S. District Court for the Western District of New York. May 9 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to San Francisco, CA, arriving in the evening. In the evening, upon arrival at the Marina Green landing zone, the President was greeted by Mayor London Breed of San Francisco. Later, at the InterContinental Mark Hopkins San Francisco hotel, he was joined by Dr. Biden, and they remained overnight. The White House announced further details on the President's travel to Seattle, WA, on May 10 and 11. The President announced his intention to nominate Shannon A. Estenoz to be Deputy Secretary of the Interior. The President announced his intention to nominate Christopher J. Lamora to be Ambassador to the Central African Republic. The President announced his intention to nominate David S. Meale to be Ambassador to Bangladesh. The President announced his intention to nominate Jeffrey S. Arbeit, Cathy Fung, and Benjamin A. Guider III to be judges on the U.S. Tax Court. May 10 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Portola Valley, CA. Upon arrival at the residence of Vinod and Neeru Khosla, he was greeted by Rep. Anna G. Eshoo and participated in a photo line. Following his remarks at a campaign reception, he also met with Rep. Eshoo. Then, he traveled to Palo Alto, CA. Later, he traveled to SeaTac, WA. Upon arrival at the Seattle-Tacoma International Airport, he was greeted on the tarmac by Gov. Jay R. Inslee of Washington and his wife Trudi, Reps. Pramila Jayapal and Suzan K. DelBene, Mayor Bruce Harrell of Seattle, WA, and his wife Joanne, County Executive Dow Constantine of King County, WA, and his daughter Sabrina, and Port of Seattle Commission Vice President Toshiko Grace Hasegawa. Then, he traveled to Seattle. In the evening, at the Westin Seattle hotel, the President remained overnight. The White House announced that the President and Vice President Kamala D. Harris will host a reception celebrating Asian American, Native Hawaiian, and Pacific Islander Heritage Month at the White House on May 13. The White House announced that the President and Dr. Biden will host a dinner for combatant commanders at the White House on May 15. The White House announced that the President will travel to Atlanta, GA, on May 18 and 19. The White House announced that the President will travel to Detroit, MI, on May 19. The President announced his intention to appoint the following individuals as members of the National Cancer Advisory Board: Callisia N. Clarke; Karen Emmons; Tamika Felder; and Edjah K. Nduom. The President announced his intention to appoint Brian K. Bond and Nicole Isaac as members of the President's Commission on White House Fellowships The President announced his intention to appoint Amy Robbins Towers as a member of the President's Council on Sports, Fitness, and Nutrition. The President announced his intention to appoint Bruce R. Becker and William J. Lenihan as members of the Commission of Fine Arts. May 11 In the morning, the President had an intelligence briefing. Then, he traveled to Medina, WA, where, at a private residence, he participated in a photo line with Sen. Maria E. Cantwell, Reps. Kimberly M. Schrier, Marilyn Strickland, Suzan K. DelBene, and D. Adam Smith and his son Jack, and Chairman of the Swinomish Indian Tribal Community Steve Edwards. In the afternoon, the President traveled to Dover Air Force Base, DE, arriving in the evening. In the evening, upon arrival at Dover Air Force Base, the President traveled to Rehoboth Beach, DE, where, at his residence, he remained overnight. The President made additional disaster assistance available to the Soboba Band of Luiseño Indians by authorizing an increase in the level of Federal funding for Public Assistance projects undertaken as a result of severe storms and flooding on February 14 and 15, 2019. May 12 In the afternoon, at St. Edmond's Catholic Church, after attending Mass with this granddaughter Finnegan J. Biden, the President responded to a reporter's question. Then, he returned to his residence, where he remained overnight. The White House announced that the President will return to Washington, DC, on May 13. The White House announced further details on the President's travel to Atlanta, GA, on May 18 and 19, and to Detroit, MI, on May 19. May 13 In the morning, the President had an intelligence briefing. Then, he returned to Washington, DC, arriving in the afternoon. In the afternoon, at a Rose Garden reception celebrating Asian American, Native Hawaiian, and Pacific Islander Heritage Month, the President and Vice President Kamala D. Harris participated in a photo line with Sens. Mazie K. Hirono and L. Tammy Duckworth, Reps. Judy M. Chu, Mark A. Takano, and Jill N. Tokuda, Lt. Gov. Aruna Miller of Maryland, and State Attorney General William Tong of Connecticut. May 14 In the morning, the President had an intelligence briefing. In the afternoon, the President recorded separate radio interviews with Sherwin Hughes of the "101.7 The Truth" program in Milwaukee, WI, and Darian "Big Tigger" Morgan of the "Big Tigger Morning Show With Jazzy McBee" on V–103.3 in Atlanta, GA, for later broadcast. During the day, the President recorded an interview with Brian Sozzi of Yahoo Finance for later broadcast. In the evening, at the Walter E. Washington Convention Center, the President participated in a photo line with Members of Congress. The President declared a major disaster in Iowa and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms and tornadoes on April 26 and 27. May 15 In the afternoon, at the U.S. Capitol, the President participated in a photo line with Attorney General Merrick B. Garland and Secretary of Homeland Security Alejandro N. Mayorkas. Later, in the Oval Office, he and Vice President Kamala D. Harris had an intelligence briefing. In the evening, in the Cross Hall, the President and Dr. Biden hosted a dinner for combatant commanders and their spouses. The White House announced that the President and Dr. Biden will welcome President William Ruto and his wife Rachel Ruto of Kenya for a state visit to the U.S., including a state dinner at the White House, on May 23. The President declared a major disaster in Massachusetts and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms and flooding from September 11 through 13, 2023. May 16 In the morning, the President had an intelligence briefing. Then, in the Oval Office, he met with plaintiffs in the Supreme Court's 1954 decision in *Brown *v. *Board of Education *and their families to reiterate his commitment to honoring the legacy of historic civil rights changemakers for Black Americans and all Americans, highlight the continued need to advance educational equity, and underscore the White House's commitment to addressing racial disparities in our education system, despite attacks on educational rights, the erasure of Black history, and the elimination of affirmative action in university admissions. Derrick Johnson, president and chief executive officer of the National Association for the Advancement of Colored People, also attended. May 17 In the morning, the President had an intelligence briefing. In the afternoon, in the Oval Office, the President and Vice President Kamala D. Harris met with leaders of the "Divine Nine" historically Black sororities and fraternities. During the day, the President met with Elizabeth Eckford, Carlotta Walls, Terrence Roberts, Minnijean Brown-Trickey, and Gloria Ray Karlmark, members of the "Little Rock Nine" students who initially desegregated Central High School in Little Rock, AR, in 1957. The White House announced further details on the President's travel to Atlanta, GA, on May 18 and 19. The White House announced that the President will travel to New Hampshire and to Boston, MA, on May 21. The President declared a major disaster in Texas and ordered Federal aid to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms, straight-line winds, tornadoes, and flooding beginning on April 26 and continuing. May 18 In the morning, the President had an intelligence briefing. Later, he traveled to Atlanta, GA, arriving in the afternoon. In the afternoon, upon arrival at the Hartsfield-Jackson Atlanta International Airport, the President was greeted on the tarmac by members of the congressional delegation and a group of Morehouse College alumni, including both current and former State and local elected leaders. In the evening, at the InterContinental Buckhead Atlanta hotel, the President remained overnight. The White House announced further details on the President's travel to Detroit, MI, on May 19. May 19 In the morning, the President had an intelligence briefing. Later, at Morehouse College, he participated in a photo line with Reps. Sanford D. Bishop, Jr., Nikema N. Williams, and Joyce Beatty. Following his commencement address and receipt of an honorary doctorate degree, he traveled to Hartsfield-Jackson Atlanta International Airport, where, prior to boarding Air Force One, he greeted a group of law enforcement officers on the tarmac. Then, he traveled to Romulus, MI, arriving in the afternoon. In the afternoon, upon arrival at the Detroit Metropolitan Wayne County Airport, the President was greeted on the tarmac by Rep. Shri Thanedar, Michigan Attorney General Dana Nessel and Speaker of the House of Representatives Joe Tate, Senior Pastor Douglas P. Jones of Welcome Missionary Baptist Church in Pontiac, MI, Senior Pastor Steve Bland, Jr., of Liberty Temple Baptist Church in Detroit, MI, and Pastor Tellis J. Chapman of Galilee Missionary Baptist Church in Detroit. Then, he traveled to Detroit, where, at the CRED Cafe, he was greeted by owners Joe and Jordan Crawford, met with family members, including cafe president and chief executive officer Sylvia Crawford, and visited with local supporters, community leaders, and volunteers, including members of the Birth Detroit maternal care and birthing facility in Detroit. Speaker Tate and Pastor Jones also attended. In the evening, the President traveled to Philadelphia, PA. Upon arrival at the Philadelphia International Airport, he traveled to Greenville, DE, where, at his residence, he remained overnight. The White House announced further details on the President's travel to Nashua, NH, and Boston, MA, on May 21. The White House announced further details on the state visit of President William Ruto of Kenya and his wife Rachel to the White House on May 22 and 23. The White House announced that the President and Dr. Biden will travel to Wilmington, DE, from May 24 through 26. The White House announced further details on the President's travel to West Point, NY, on May 25. May 20 In the morning, the President had an intelligence briefing. In the afternoon, the President returned to Washington, DC. Later, in the Rose Garden, he participated in a photo line with elected leaders in attendance at the White House for the Jewish American Heritage Month reception. Vice President Kamala D. Harris and her husband Douglas C. Emhoff also participated. During the day, the President had separate telephone conversations with Speaker of the House of Representatives J. Michael Johnson and Senate Minority Leader A. Mitchell McConnell to discuss border security, drug detection, and immigration reform legislation. The White House announced further details on the President's travel to Boston, MA, on May 21. May 21 In the morning, the President had an intelligence briefing. Later, he traveled to Manchester, NH. Upon arrival at the Manchester-Boston Regional Airport, he was greeted on the tarmac by Gov. Christopher T. Sununu of New Hampshire, Rep. Ann McLane Kuster, Mayor Jay Ruais of Manchester, former Gov. John Lynch of New Hampshire and his wife Susan, and William H. Shaheen, husband of Sen. C. Jeanne Shaheen. Then, he traveled to Merrimack, NH, where, at the Veterans of Foreign Wars Post 8641, he met with Lisa Clark, an Air Force veteran, Department of Veterans Affairs volunteer, and PACT Act beneficiary. Later, he traveled to Nashua, NH. In the afternoon, at the Westwood Park Branch YMCA, the President participated in a photo line with Secretary of Veterans Affairs Denis R. McDonough and Deputy Secretary Tanya Bradsher, Sen. C. Jeanne Shaheen and her husband William, Sen. Margaret Wood Hassan, Rep. Kuster and her husband Brad, former Gov. Lynch and his wife Susan, New Hampshire State House Minority Leader Matthew B. Wilhelm, and State Rep. Stephen Shurtleff. Later, he traveled to Boston, MA. Upon arrival at the Boston-Logan International Airport, he was greeted on the tarmac by Gov. Maura Healey of Massachusetts and Mayor Michelle Wu of Boston. In the evening, at the Seaport Hotel, the President participated in a photo line with Mayor Wu. Later, he returned to Washington, DC. May 22 In the morning, the President had an intelligence briefing. In the afternoon, on the South Portico, the President welcomed President William Ruto of Kenya. The President declared a major disaster in Kentucky and ordered Federal assistance to supplement Commonwealth and local recovery efforts in the areas affected by severe storms, straight-line winds, tornadoes, landslides, and mudslides on April 2. May 23 In the morning, the President had an intelligence briefing. Later, on the South Lawn, the President and Dr. Biden welcomed President William Ruto and First Lady Rachel Ruto of Kenya. They also participated in a guestbook signing and gift exchange. In the evening, on the North Portico, the President and Dr. Biden welcomed President and First Lady Ruto for a state dinner and entertainment reception on the South Lawn and posed for photographs on the Grand Staircase. The White House announced further details on the President's travel to West Point, NY, on May 25. The President announced his intention to nominate Karla M. Campbell to be a judge on the U.S. Court of Appeals for the Sixth Circuit. The President announced his intention to nominate Julia M. Lipez to be a judge on the U.S. Court of Appeals for the First Circuit. The President announced his intention to nominate Catherine Henry to be a judge on the U.S. District Court for the Eastern District of Pennsylvania. The President announced his intention to nominate Mary Kay Lanthier to be a judge on the U.S. District Court for the District of Vermont. The President announced his intention to nominate Lauren McGarity McFerran and Joshua L. Ditelberg to be members of the National Labor Relations Board. The President announced his intention to nominate William I. White to be a member of the Defense Nuclear Facilities Safety Board. The President announced his intention to nominate Stephanie E. Segal to be U.S. Alternate Executive Director of the International Monetary Fund. The President announced his intention to nominate Bethany Pickett Shah to be a member of the Board of Directors of the State Justice Institute. The President announced his intention to nominate Rebeccah L. Heinrichs to be a member of the U.S. Advisory Commission on Public Diplomacy. The President announced his intention to appoint the following individuals as members of the White House Environmental Justice Advisory Council: Tye Baker; Anita Cunningham; Lloyd Dean; Carlos Evans; Susan Hendershot; Harleen Marwah; Igalious Mills; Jamaji Nwanaji- Enwerem; Joanne Pérodin; Michael Walton; Donele Wilkins; and Tanner Yess. The President declared a major disaster in West Virginia and ordered Federal assistance to supplement State and local recovery efforts in the areas affected by severe storms, straight-line winds, tornadoes, flooding, landslides, and mudslides from April 2 through 6. May 24 In the morning, the President had an intelligence briefing. In the afternoon, the President and Dr. Biden traveled to Greenville, DE, where, at their residence, they remained overnight. During the day, the President had a telephone conversation with President Abdelfattah Said Elsisi of Egypt to discuss ongoing efforts to secure the release of hostages and address the humanitarian crisis in conjunction with an immediate and sustained cease-fire in Gaza and affirm their commitment to work together to set the conditions for sustainable peace in the Middle East. President Biden welcomed the Egyptian commitment to permit the flow of U.N.-provided humanitarian assistance through the Karem Shalom crossing for distribution throughout Gaza, expressed his expectation to see the Rafah crossing reopened, and thanked President Elsisi for his ongoing efforts to ensure the continuous flow of assistance from Egypt into Gaza. The White House announced that the President will travel to Philadelphia, PA, on May 29. The White House announced that the President will welcome the National Football League's Kansas City Chiefs to the White House on May 31 to celebrate their championship victory in Super Bowl LVIII. The President declared a major disaster in Maine and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe winter storm from April 3 through 5. The President declared a major disaster in Nebraska and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by a severe winter storm and straight-line winds on April 6 and 7. The President declared a major disaster in West Virginia and ordered Federal assistance to supplement State and local recovery efforts in the areas affected by severe storms, flooding, landslides, and mudslides on April 11 and 12. The President declared a major disaster in Iowa and ordered Federal aid to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms, tornadoes, and flooding and May 20 and 21. May 25 In the morning, the President traveled to Stewart Air National Guard Base in Newburgh, NY. Upon arrival, he was greeted on the tarmac by Rep. Stephen A. Womack, Board of Visitors Chair, U.S. Military Academy; Rep. Patrick K. Ryan; and Col. Ryan F. Dannemann, USAF, commander, and CMS Joseph A. Cincotta, USAF, command chief and senior enlisted leader, 105th Airlift Wing, Stewart Air National Guard Base. Then, he traveled to the U.S. Military Academy at West Point, NY, accompanied by Reps. Womack and Ryan. Upon arrival, he was greeted by Lt. Gen. Steven W. Gilland, USA, Superintendent, U.S. Military Academy. Then, at Michie Stadium, he participated in a photo line with Reps. Womack and Ryan and Academy leadership. In the afternoon, the President returned to Greenville, DE. In the evening, following Mass at the St. Joseph's on the Brandywine Catholic Church in Greenville, the President stopped briefly at a Jos. A. Bank clothing shop. Then, he returned to his residence, where he remained overnight. May 26 In the evening, the President traveled to Delaware Air National Guard Base, DE. While en route, he stopped to visit his daughter-in-law Hallie Biden at her residence in Greenville, DE. Then, he returned to Washington, DC. During the day, the President was briefed on the IsraeliK airstrike in Rafah, Gaza, that reportedly killed several civilians at a nearby refugee camp and was kept updated throughout the day. May 27 In the morning, the President had an intelligence briefing. Then, in the East Room, he hosted a Memorial Day breakfast for administration officials, military leadership, veterans, and Gold Star family members. Then, he traveled to Arlington, VA, where, upon arrival at Arlington National Cemetery, he was greeted by Vice President Kamala D. Harris and her husband Douglas C. Emhoff; Secretary of Defense Lloyd J. Austin III; Chairman of the Joint Chiefs of Staff Gen. Charles Q. "C.Q." Brown, Jr., USAF, and his wife Sharene; Joint Task Force-National Capital Region and Military District of Washington Commanding General Maj. Gen. Trevor J. Bredenkamp, USA, and his wife, Lt. Gen. Michele H. Bredenkamp, USA, Director's Adviser for Military Affairs, Office of the Director of National Intelligence; and Office of Army Cemeteries Executive Director Karen Durham-Aguilera. Then, at the Tomb of the Unknown Soldier, he, Vice President Harris, and Second Gentleman Emhoff participated in a wreath-laying ceremony and observed a moment of silence. Later, he returned to Washington, DC. During the day, the President had separate telephone conversations with Govs. J. Kevin Stitt of Oklahoma, Sarah Huckabee Sanders of Arkansas, and Gregory W. Abbott of Texas to discuss the tornadoes affecting the Southern Plains, express his condolences for the lives lost in each State, indicate that the Federal Emergency Management Agency is on the ground conducting damage assessments with State and local counterparts, and reiterate that he has directed the administration to provide Federal support as needed. The White House announced further details on the President's travel to Philadelphia, PA, on May 29. The White House announced that the President and Dr. Biden will travel to Rehoboth Beach, DE, on May 30 and 31. May 28 In the morning, the President had an intelligence briefing. During the day, the President met with Gov. Westley W.O. "Wes" Moore of Maryland, U.S. Army Corps of Engineers Commanding General Lt. Gen. Scott A. Spellmon, USA, and U.S. Coast Guard Deputy Commandant for Operations Vice Adm. Peter W. Gautier, USCG, to receive an operational update on the Federal and State response to the collapse of the Francis Scott Key Bridge in Baltimore, MD. He also participated in an interview in the Private Dining Room with TIME magazine Washington Bureau Chief Massimo Calabresi and Editor in Chief Sam Jacobs. The White House announced that the President will welcome Prime Minister Alexander De Croo of Belgium to the White House on May 31. The White House announced further details on the President's travel to Philadelphia, PA, on May 29. The President announced his intention to nominate Mark Angelson to be Ambassador Extraordinary and Plenipotentiary to Norway. The President announced his intention to nominate Michael G. Heath to be Ambassador Extraordinary and Plenipotentiary to Malawi. May 29 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Philadelphia, PA, accompanied by Gov. Westley W.O. "Wes" Moore of Maryland, Rep. Barbara J. Lee, and other officials. Upon arrival at Philadelphia International Airport, he was greeted on the tarmac by Sen. Robert P. Casey, Jr., Gov. Moore, Rep. Lee and other Members of Congress, Lt. Gov. Austin Davis of Pennsylvania, and Mayor Cherelle L. Parker of Philadelphia and participated in a group photograph. Then, he traveled to Girard College, where, at a campaign event, he participated in a photo line with State and local officials from around the Nation. Later, he traveled to Greenville, DE, where, at his residence, he remained overnight. During the day, at the White House, the President recorded an interview with Darryl L. "D.L." Hughley of the nationally syndicated "D.L. Hughley Radio Show" for later radio, online, and social media broadcast. The President announced the designation of the following individuals as members of a Presidential delegation to attend the Inauguration of Nayib Bukele as President of El Salvador in San Salvador, El Salvador, on June 1: Alejandro N. Mayorkas (head of delegation); William H. Duncan; Marisa Lago; Brian A. Nichols; Julieta Valls Noyes; and Daniel P. Erikson. May 30 In the morning, the President had an intelligence briefing. Then, he and Dr. Biden attended Mass at St. Joseph on the Brandywine Roman Catholic Church to commemorate the ninth anniversary of the death of his son Joseph R. "Beau" Biden III. Members of his family, including his son Hunter, daughter Ashley, and sister Valerie Biden Owens, also attended. Following the Mass, they visited the adjacent cemetery where Beau Biden is buried. Then, the President and Dr. Biden, accompanied by family members, traveled to Rehoboth Beach, DE, where, at their residence, they remained overnight. The White House announced that the President and Dr. Biden will travel to Normandy and Paris, France, from June 5 through 9 to commemorate the 80th anniversary of the Allied landing in Normandy and attend a state visit hosted by President Emmanuel Macron of France. The President declared a major disaster in Arkansas and ordered Federal assistance to supplement State and local recovery efforts in the areas affected by severe storms, straight-line winds, tornadoes, and flooding from May 24 through 27. May 31 In the morning, the President had an intelligence briefing. Then, he returned to Washington, DC. In the afternoon, the President welcomed Prime Minister Alexander De Croo of Belgium to the White House to deepen Belgium-U.S. cooperation on global issues and bolster transatlantic security. In particular, they reaffirmed their commitment to continue supporting Ukraine, discussed efforts to make the greatest use of immobilized sovereign assets for the benefit of Ukraine, and affirmed the importance of the North Atlantic Treaty Organization and the need to remain vigilant against Russian threats to election integrity. During the meeting, the two leaders also exchanged gifts. Later in the afternoon, the President traveled to Rehoboth Beach, DE, arriving in the evening. His son R. Hunter Biden, daughter in law Melissa Cohen, and their son Beau accompanied him. In the evening, the President traveled to his residence, where he remained overnight. The White House announced that the President will travel to Greenwich, CT, on June 3. The President announced his intention to appoint Brian Bryant and Shawn P. Fain as members of the President's Export Council. The President announced his intention to appoint the following individuals as members of the President's Intelligence Advisory Board: Mariano-Florentino Cuéllar; Ronald S. Moultrie; and Calvin Smyre. The President announced his intention to appoint John F. Cordisco as a Commissioner of the U.S. Commission for the Preservation of America's Heritage Abroad. June 1 In the afternoon, at St. Edmond's Catholic Church in Rehoboth Beach, the President attended Mass with his son Hunter. Then, he returned to his residence, where he remained overnight. The White House announced further details on the President's travel to Greenwich, CT, on June 3. The White House announced further details on the President's travel to Paris, France, on June 4. June 2 In the evening, the President and Dr. Biden traveled to Greenville, DE, where, at their residence, they remained overnight. June 3 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to White Plains, NY, arriving in the evening. In the evening, upon arrival at the Westchester County Airport, the President traveled to Greenwich, CT, where, at a private residence, he participated in a photo line with Gov. Edward M. Lamont of Connecticut, Lt. Gov. Susan Bysiewicz of Connecticut and her husband David Donaldson, Sen. Richard Blumenthal and his wife Cynthia, Sen. Christopher S. Murphy, Rep. James A. Himes, and former Sen. Christopher J. Dodd. Later, he traveled to White Plains, NY. Upon arrival at the Westchester County Airport, he returned to Washington, DC. Rep. Himes and former Sen. Dodd accompanied him. During the day, the President had a telephone conversation with Amir Tamim bin Hamad Al Thani of Qatar to discuss the cease-fire and hostage-release deal under negotiation to end the crisis in Gaza, confirm Israel's readiness to move forward with the terms offered to Hamas, emphasize that Hamas's refusal to release hostages would only prolong the conflict and deny humanitarian relief to the people of Gaza, and reiterate the U.S. commitment, together with that of Egypt and Qatar, to ensure the full implementation of the agreement. The President urged Amir Tamim to use all appropriate measures to secure Hamas's acceptance of the deal and thanked him and his senior team for their tireless efforts to secure the release of all hostages held in Gaza. Also during the day, he had a telephone conversation with President-elect Claudia Sheinbaum of Mexico to congratulate her on her historic electoral victory, express his congratulations to the Mexican people for the success of their free and fair electoral process, and emphasize the joint Mexico-U.S. commitment to continue the strong and collaborative partnership that will advance democracy, security, and prosperity in both countries. June 4 In the morning, the President had an intelligence briefing. In the evening, the President traveled to Orly, France, arriving the following morning. During the day, the President had a telephone conversation with President Andrés Manuel López Obrador of Mexico to congratulate him and the Mexican people on their free and fair electoral process that resulted in the historic election of President-elect Claudia Sheinbaum, thank President López Obrador for the strong Mexico-U.S. partnership to enhance economic cooperation, manage migration at the shared border, and advance regional security and prosperity, and inform President López Obrador that he had approved three new Presidential permits for international bridge projects in Texas to benefit local communities and strengthen the U.S.-Mexico economic relationship by building infrastructure that promotes increased trade travel. The White House announced further details on the President and Dr. Biden's travel to Normandy, France, on June 6 and 7; Paris, France, from June 6 through 9; and Belleau, France, on June 9. The White House announced that the President and Dr. Biden will travel to Wilmington, DE, on June 9. The White House announced that the President will travel to Apulia, Italy, on June 13 and 14 for the Group of Seven (G–7) nations summit. June 5 In the morning, upon arrival at the Paris-Orly Airport, the President participated in an arrival ceremony with Prime Minister Gabriel Attal and Ambassador to the U.S. Laurent Bili of France, Jérôme Harnois, the Paris police prefect responsible for French airports, and U.S. Ambassador to France Denise Campbell Bauer. Then, he traveled to InterContinental Paris Le Grand hotel, where he had an intelligence briefing and remained overnight. During the day, the President had a telephone conversation with Prime Minister Narendra Modi of India to congratulate him and the National Democratic Alliance on their victory in India's general elections, commend the people of India for participating in the largest democratic exercise in human history, with nearly 650 million going to the polls to vote, emphasize their mutual commitment to advancing India-U.S. relations and their shared vision of a free, open and prosperous Indo-Pacific region, and discuss National Security Adviser Jacob J. Sullivan's upcoming travel to New Delhi, India, to engage the new government on shared priorities. The President announced his intention to nominate Julianne Smith to be Under Secretary for Political Affairs at the Department of State. The President announced his intention to nominate Kin Moy to be Ambassador to Vietnam. The President announced his intention to nominate James Story to be Ambassador to Mozambique. The President announced his intention to nominate Mark G. Eskenazi to be a member of the Occupational Safety and Health Review Commission. The President made additional disaster assistance available to Hawaii by authorizing an increase in the level of Federal funding for emergency protective measures undertaken in the State as a result of wildfires and high winds from August 8 through September 30, 2023. June 6 In the morning, the President had an intelligence briefing. Then, he and Dr. Biden traveled to Colleville-sur-Mer, France, where, at the Normandy American Cemetery, they recorded an interview with David Muir of ABC's "World News Tonight" program for later broadcast and participated in a greeting with U.S. veterans of the D-Day Allied landings and Normandy campaign of 1944, other World War II veterans, their caretakers, and Active Duty U.S. servicemembers. During the greeting, the President also presented challenge coins to World War II veterans. President Emmanuel Macron of France and his wife Brigitte also participated. In the afternoon, at the Normandy American Cemetery, the President and Dr. Biden participated in a wreath-laying ceremony and toured the cemetery, including a stop at the gravesite of PFC John S. Greenfield, USA, from Wilmington, DE, who served in the 115th Infantry Regiment, 29th Infantry Division during World War II. Later, they traveled to Omaha Beach, where they attended the International Ceremony at Omaha Beach, an annual event to commemorate the Allied landing at five designated sites: Utah, Omaha, Gold, Juno, and Sword Beaches in Normandy. In the evening, the President and Dr. Biden traveled to Orly, France. Upon arrival at the Paris-Orly Airport, the President answered a reporter's question. Then, they traveled to Paris, France, where, at the InterContinental Paris Le Grand hotel, they remained overnight. The White House announced further details on the President's travel to Paris, France, on June 8. June 7 In the morning, the President had an intelligence briefing. In the afternoon, the President traveled to Cricqueville-en-Bessin, France, where, upon arrival at Pointe du Hoc, he was greeted by SFC Gavin Stith, USA, 2d Ranger Battalion, and his wife Kourtney. Secretary of State Antony J. Blinken, Secretary of Defense Lloyd J. Austin III, and former Secretary of State John F. Kerry also attended. Then, he toured the Pointe du Hoc landing site, monument, and gun casements with Normandy American Cemetery Superintendent Scott Desjardins. Later, he traveled to Paris, France, where, at the InterContinental Paris Le Grand hotel, he remained overnight. The White House announced that the President and Dr. Biden will host a Juneteenth concert at the White House on June 10. June 8 In the morning, at the InterContinental Paris Le Grand hotel, the President had an intelligence briefing. Then, he and Dr. Biden traveled to the Arc de Triomphe, where they were greeted by President Emmanuel Macron of France and his wife Brigitte Macron, participated in a welcome ceremony, and signed a guest book with President and Mrs. Macron. In the afternoon, the President and Dr. Biden participated in a parade procession to the Élysées Palace, where they were greeted by President and Mrs. Macron. Then, the President and President Macron had a working lunch. Later, he returned to the InterContinental Paris Le Grand. In the evening, the President and Dr. Biden traveled to the Élysées Palace, where they were greeted by President and Mrs. Macron. Later, they returned to the InterContinental Paris Le Grand hotel, where they remained overnight. June 9 In the afternoon, at the U.S. Ambassador's Residence, the President and Dr. Biden met with U.S. Ambassador to France and Monaco Denise Campbell Bauer and Embassy personnel and their families. They also participated in a photo line with Ambassador Bauer and her husband Steven Bauer, U.S. Ambassador and Permanent Representative to the Organization for Economic Cooperation and Development Sean Patrick Maloney, Deputy Chief of Mission David R. McCawley and his wife Sandra Cabrera, Senior Adviser to the Ambassador Travis D. Dredd and his wife Emily, and U.S. Embassy D-Day Control Officer Alison Shorter-Lawrence. Later in the afternoon, the President and Dr. Biden traveled to Château-Thierry, France, where, upon arrival at the Château-Thierry-Belleau Aerodrome landing zone, they were greeted by Thomas Campeaux, Prefect of Aisne. Then, they traveled to Belleau, France, where, upon arrival at the Aisne-Marne American Cemetery, they were greeted by Maj. Gen. Robert B. Sofge, Jr., USMC, Commander, U.S. Marine Corps Forces, Europe and Africa, and his wife Adrienne, Charles K. Djou, Secretary, American Battle Monuments Commission, and his wife Stacey, and Shane J. Williams, Director, American Battle Monuments Commission, and participated in a wreath-laying ceremony. Later, they traveled to Orly, France, where, upon arrival at the Paris- Orly Airport, they were greeted by France's Ambassador to the U.S. Laurent Bili, Ambassadors Bauer and Maloney, Jean E. Manes, Chargé d'Affaires of the U.S. Mission to the United Nations Educational, Scientific, and Cultural Organization (UNESCO), and several French law enforcement officials. Then, they traveled to Philadelphia, PA, arriving in the evening. In the evening, upon arrival at the Philadelphia International Airport, the President and Dr. Biden traveled to Greenville, DE, where, at their residence, they remained overnight. June 10 In the morning, the President had an intelligence briefing. In the afternoon, the President returned to Washington, DC, arriving in the evening. The White House announced that the President will travel to Brindisi, Italy, for the Group of Seven (G–7) nations summit on June 12. The President declared a major disaster in Mississippi and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms, straight-line winds, tornadoes, and flooding from April 8 through 11. The President declared a major disaster in Idaho and ordered Federal assistance to supplement State, Tribal, and local recovery efforts in the areas affected by the severe storm, flooding, landslides, and mudslides on April 14 and 15. June 11 In the morning, the President had an intelligence briefing. In the afternoon, in the Private Dining Room, the President and Vice President Kamala D. Harris had lunch. Then, outside the Dwight D. Eisenhower Executive Office Building while en route to the Washington Hilton hotel, he visited briefly with Gov. R. Michael DeWine of Ohio and his family, who were outside the Eisenhower Office Building. Later, at the Washington Hilton, he participated in a photo line with Rep. Robin L. Kelly. Then, he traveled to Delaware Air National Guard Base, DE, where, upon arrival, he greeted his son R. Hunter Biden, daughter- in-law Melissa Cohen Biden, and grandson Beau on the tarmac. Then, he traveled to Greenville, DE, where, at his residence, he remained overnight. The White House announced that the President will hold a news conference with President Volodymyr Zelenskyy of Ukraine in Fasano, Italy, on June 13. The White House announced that the President will meet with Prime Minister Giorgia Meloni of Italy in Fasano, Italy, on June 14. The White House announced that the President will meet with Pope Francis in Fasano, Italy, on June 14. The White House announced additional details on the President's travel to Fasano, Italy, from June 12 through 14. The White House announced that the President will travel to Los Angeles, CA, on June 14. June 12 In the morning, the President had an intelligence briefing. Then, he traveled to Brindisi, Italy, arriving in the evening. In the evening, upon arrival at the Brindisi Airport, the President was greeted on the tarmac by U.S. Ambassador to Italy Jack A. Markell and his wife Carla; U.S. Ambassador to the Holy See Joseph S. Donnelly and his wife Jill; and Head of the Diplomatic Protocol Bruno Antonio Pasquino of Italy. Then, he traveled to Savelletri di Fasano, Italy, where, at the Masseria San Domenico hotel, he remained overnight. The President announced his intention to nominate Mary Kay Costello to be a judge on the U.S. District Court for the Eastern District of Pennsylvania. The President announced his intention to nominate Laura Margarete Provinzino to be a judge on the U.S. District Court for the District of Minnesota. The President announced his intention to nominate Noël Wise to be a judge on the U.S. District Court for the Northern District of California. June 13 In the morning, the President had an intelligence briefing. Then, he traveled to the Borgo Egnazia resort and spa, where he participated in an official greeting with Prime Minister Giorgia Meloni of Italy, followed by a group photo and a working session on Africa, climate change, and development with Group of Seven (G–7) nations leaders. In the afternoon, also at the Borgo Egnazia resort, the President participated in separate working sessions on the Middle East and Ukraine with G–7 leaders. In the evening, at the Borgo Egnazia's San Domenico Golf Course, the President viewed a skydiving demonstration and participated in a group photo with G–7 leaders. Prior to the start of the skydiving demonstration, he had a sidebar conversation with Prime Minister Justin P.J. Trudeau of Canada and President Ursula von der Leyen of the European Commission, which was then briefly joined by President Emmanuel Macron of France. As he departed following the group photo, he answered several questions from reporters. Then, he returned to the Masseria San Domenico hotel, where he remained overnight. The President announced his intention to nominate Christy Goldsmith Romero to be Chair and member of the Federal Deposit Insurance Corporation. The President announced his intention to nominate Kristin N. Johnson to be Assistant Secretary for Financial Institutions at the Department of the Treasury. The President announced his intention to nominate Caroline A. Crenshaw to be a member of the Securities and Exchange Commission. The President announced his intention to nominate Gordon I. Ito to be a member of the Financial Stability Oversight Council. June 14 In the morning, at the Masseria San Domenico hotel, the President had an intelligence briefing. Then, he traveled to the Borgo Egnazia resort and spa, where he participated in separate working sessions on migration, the Indo-Pacific and economic security with G–7 leaders. Then, also at the Borgo Egnazia, he met with Prime Minister Giorgia Meloni of Italy to discuss Italy- U.S. cooperation across a range of vital security, economic, and regional issues, with the President commending Prime Minister Meloni for Italy's support and security assistance for Ukraine as it continues to defend itself against Russian aggression. The President and Prime Minister welcomed the G–7 leaders' commitment to provide $50 billion in additional financial support to Ukraine using the proceeds of immobilized Russian sovereign assets, agreed to continue to pursue all available options to impose further costs on Russia and those who support Russia's war effort, discussed their respective efforts to enhance economic security and respond to economic coercion, as well as the importance of two-way trade and investment to enhance economic prosperity. They also highlighted the need to secure a hostage deal and a cease-fire in Gaza, with Hamas taking a constructive approach to that process. In the afternoon, also at the Borgo Egnazia resort, the President participated in a working session on artificial intelligence, energy, and the Africa-Mediterranean region with G–7 leaders, Pope Francis, and other world leaders. In the evening, at the Borgo Egnazia, the President participated in a family photo with G–7 leaders, Pope Francis, and other world leaders and attended an entertainment reception that included a performance by Andrea Bocelli. Then, on the margins of the G–7 nations summit, he met with Pope Francis to discuss the urgent need for an immediate cease-fire and a deal to release hostages held by Hamas and address the critical humanitarian crisis in Gaza. The President thanked Pope Francis for the Vatican's work to address the humanitarian impacts of the war in Ukraine, including his efforts to help return Ukrainian children kidnapped by Russian forces to their families, and reaffirmed his deep appreciation for the Pope's advocacy for the poor and those suffering from persecution, the effects of climate change, and conflict around the world. Later in the evening, the President traveled to Brindisi, Italy, accompanied aboard Marine One by his granddaughters Roberta M. "Maisy" Biden and Naomi K. Biden Neal and Ms. Biden Neal's husband Peter Neal. Upon arrival at the Brindisi Airport, he was greeted on the tarmac by U.S. Ambassador to Italy Jack A. Markell and his wife Carla. Then, he, his granddaughters, and Mr. Neal traveled to Joint Base Andrews, MD, arriving the following morning. During the day, at the Borgo Egnazia hotel, the President had a pull-aside meeting with President Mohammed bin Zayed Al Nahyan of the United Arab Emirates to reaffirm the U.A.E.- U.S. strategic partnership, review economic and technology issues, and discuss regional issues, including the situation in Gaza. Also during the day, he had a pull-aside meeting with Prime Minister Rishi Sunak of the United Kingdom to reaffirm their support for Ukraine against Russian aggression, discuss the latest developments in Gaza, including reiterating the need for increased humanitarian assistance, and affirm the importance of strong U.K.-U.S. relations. The White House announced that the President will travel to Los Angeles, CA, on June 15. The White House announced that the President and Dr. Biden will return to Washington, DC, on June 16. The President declared a major disaster in Oklahoma and ordered Federal aid to supplement State, Tribal, and local recovery efforts in the areas affected by severe storms, straight-line winds, tornadoes, and flooding from May 19 through 28. Names: Abbott, Gregory W.; Abdullah II, King; Abelson, Adam B.; Abercrombie-Winstanley, Gina Kay; Abramson, Harry; Abutaha, Saifeddin Issam Ayad; Acevedo, Enrique; Adams, Eric; Adams, Martin L.; Adams-Smith, Kelly; Adiga, Mala; Al Hussein bin Abdullah II, Crown Prince; Alexakis, Georgia N.; Ali, Amir H.; Andrés Puerta, José Ramón; Andrews, Salette; Angelson, Mark; Año, Eduardo M.; Arbeit, Jeffrey S.; Arevalo de Leon, Cesar Bernardo; Arévalo, Bernardo; Arnett, Will; Arnzen, April; Attal, Gabriel; Austin, Lloyd J., III; Aysta, Nathan P.; Baker, Sarah; Baker, Tye; Baldwin, Tammy S.; Balliet, Chad; Balliet, Heather; Balliet, Melvin; Banks, Dana L.; Barkan, Carl; Barnes, Lavora; Barnett, Clifford D., Sr.; Bass, Karen R.; Bateman, Jason; Batick, Brett; Batory, Ronald L.; Bauer, Denise Campbell; Bauer, Steven; Beatty, Joyce; Becker, Bruce R.; Benjamin, Stephen K.; Berger, Mitchell W.; Berry, Randy; Bhatia, Manish; Biden Neal, Naomi K.; Biden, Ashley B.; Biden, Francis W.; Biden, Hallie; Biden, Jill T.; Biden, Joseph R. "Beau," IV; Biden, Joseph R. Beau, IV; Biden, Natalie P.; Biden, R. Hunter; Biden, Roberta M. "Maisy"; Bili, Laurent; Billings, Paul A. "P.A."; Bishop, Sanford D., Jr.; Blackwell, Michelle; Bland, Steve, Jr.; Bleich, Jeffrey L.; Blinken, Antony J.; Blowers, Jack; Blue, Dan; Blumenthal, Cynthia; Blumenthal, Richard; Blunt, Theodore; Blyden, Chidi; Boakai, Joseph; Bocelli, Andrea; Bode, Mary Wills; Bohlke, Bill; Bond, Brian K.; Borin, Marsha; Bouchet, Rahkel; Bougounea, Nadia; Bowman, J. Michael; Bowser, Chris; Boyle, Brendan F.; Bradley, Tobin J.; Bradsher, Tanya; Brady, Robert A.; Bredenkamp, Michele H.; Bredenkamp, Trevor J.; Breed, London N.; Brooks, Robert; Brosius, Rory M.; Brown, Charles Q. "C.Q.," Jr.; Brown, Sharene; Brown, Steven; Brown-Trickey, Minnijean; Bruyn, Amy Bircher; Bryan, Albert, Jr.; Bryant, Brian; Bryant, Michelle; Bukele, Nayib; Bukovich, Kyle; Bullock, Donna; Bulsara, Sanket J.; Burgess, Reggie; Burgess, Tracy; Burnett, Erin; Burns, Cherie; Burns, William J.; Butler, Aaron; Butler, Deborah Armfield; Buttigieg, Peter P.M.; Bysiewicz, Susan; Cabrera, Dorlian Ronial Castillo; Cabrera, Sandra; Cahoon, Heather M.; Calabresi, Massimo; Campbell, Justin; Campbell, Karla M.; Campeaux, Thomas; Cantor, Carmen G.; Cantwell, Maria E.; Capehart, Jonathan; Cardin, Benjamin L.; Carlson, Jack; Carlson, MaryKay; Carter, Bryan L.; Casey, Robert P., Jr.; Castor, Katherine A.; Cawley, T.J.; Chadha, Sapna; Chang, Judy W.; Chapman, John; Chapman, Tellis J.; Chaudhary, Narsingh; Chavez, Gloria I.; Chu, Judy M.; Cicilline, David N.; Cincotta, Joseph A.; Clark, Chris; Clark, Lisa; Clark, Peggy; Clarke, Callisia N.; Clegg, Elaine M.; Clendenin, Alan; Cleveland, Lambert, Jr.; Clinton, William J.; Clyburn, James E.; Coggins, Dena M.; Cognetti, Paige Gebhardt; Cohen, Melissa; Coleman, Hurley "H.J.," IV; Coleman, Hurley, III; Coleman, Isobel; Conaway, Trent; Constantine, Dow; Constantine, Sabrina; Coons, Brent; Cooper, Roy A., III; Cordisco, John F.; Correa, J. Luis; Costa, Jay; Costello, Mary Kay; Court, Michelle Williams; Cowen, John, Jr.; Cox, Kate; Craft, Sanni; Craft, William; Crawford, Joe; Crawford, Jordan; Crawford, Sylvia; Crenshaw, Caroline A.; Criswell, Deanne Bennett; Crowley, David; Cuéllar, Mariano-Florentino; Cunicelli, David; Cunicelli, Jack; Cunningham, Anita; Cunningham, Nelson W.; Daggett, Harold J.; Daniels, Jody J.; Dannemann, Ryan F.; Daschbach, Mary E.; Davis, Austin; Davis, Danny K.; Davis, Denny D., Sr.; Davis, Ronald L.; Davis-Younger, Michelle; De Croo, Alexander; Dean, Lloyd; Dean, Madeleine C.; Delagrave, Jonathan; DeLauro, Rosa L.; DelBene, Suzan K.; Deluzio, Christopher R.; Desjardins, Scott; Devermont, Judd; DeWine, R. Michael; Dhunjisha, Bethany; Dickens, Andre; Diller, Jonathan; Dingell, Deborah A.; DiPietro, Joseph R.; Ditelberg, Joshua L.; Dixon, Cynthia Valenzuela; Djou, Charles K.; Djou, Stacey; Dodd, Christopher J.; Donaldson, David; Donilon, Michael C.; Donnell, Denise M.; Donnelly, Jill; Donnelly, Joseph S.; Drabick, Keith; Dredd, Emily; Dredd, Travis D.; Dressel, Abigail L.; Driskell, Fentrice; DuBose, Melissa R.; Duckworth, L. Tammy; Duda, Andrzej; Duncan, William H.; Dunnings, Jonathan "Bushman"; Durham- Aguilera, Karen; Ebong, Enoh T.; Eckford, Elizabeth; Edan, Abigail Mor; Edenshaw, Emily; Edwards, Steve; Eharth, Matt; Eikenberry, Karl W.; Ein, Mark; Elliott, W. Alden; Elsisi, Abdelfattah Said; Emhoff, Douglas C.; Emmons, Karen; Ergen, Charlie; Erikson, Daniel P.; Eshoo, Anna G.; Eskenazi, Mark G.; Espaillat, Adriano D.; Estenoz, Shannon A.; Evans, Carlos; Evans, Dwight E.; Evers, Anthony S.; Eyer, Joshua; Fagan, Linda L.; Fain, Shawn; Fain, Shawn P.; Felder, Tamika; Fennell, Rosalyn "Rose"; Fetterman, John K.; Fiala, Petr; Fine, Paul R.; Finer, Jonathan; Fisher, Ann C.; Fitrell, Troy; FitzPatrick, Margaret; Flickinger, Jacob; Flores, Peter; Ford, Aaron D.; Francis, Pope; Frankcom Lalzawmi "Zomi"; Freeman, Michael A.; Fuchs, Patrick J.; Fuentes, Alejandro Hernandez; Fulks, Quentin; Fung, Cathy; Gage, Beverly; Gainey, Edward C.; Gallego, Kate; Gannon, Matthew; Garland, Merrick B.; Gautier, Peter W.; Gavito, Jennifer D.; Geingob, Hage G.; Gelsinger, Patrick; George, Randy A.; Getgen, Kimberly; Gibson, Karen; Giglio, Michael; Gilchrist, Garlin, II; Gilland, Steven W.; Glaster, Crystal A.; Glaude, Eddie S., Jr.; Godlewski, Sarah; Gonzalez, Lorena Saenz; Gonzalez, Vincente; Gordon, Philip H.; Gordon, Richard D.; Gordon-Reed, Annette; Graham, Marcus D.; Grain, David J.; Grant, Denise; Grant, Safiya; Green, Hugh; Greenwald, Doreen P.; Grush, Catherine M.; Guider, Benjamin A., III; Guzman, Isabel Casillas; Haaland, Debra A.; Hackel, Mark A.; Haines, Avril D.; Hammill, Mark; Hand, Henry; Hanson, Christopher T.; Harjani, Sunil R.; Harnois, Jérôme; Harrell, Bruce; Harrell, Joanne; Harris, Joshua M.; Harris, Kamala D.; Harrison, Jaime R.; Hart, Brett; Hartke, Kevin; Hasegawa, Toshiko Grace; Hassan, Margaret Wood; Hayes, Sean; Healey, Maura; Heath, Michael G.; Heine, Hilda C.; Heinrichs, Rebeccah L.; Hendershot, Susan; Henderson, James; Henry, Catherine; Henry, Michelle A.; Hernández, Carlos; Hesselbein, Dianne; Hidalgo, Lina; Hill, Alexis; Himes, James A.; Himonidis, Stephanie; Hirono, Mazie K.; Hodge, Kristen; Holmes, Jessica N.; Holtsnider, James; Homendy, Jennifer L.; Homes, Jessica N.; Hoosock, Michael; Horsford, Steven A.; Horst, Elizabeth K.; Howell, Arthel "Art"; Hubbard, Michael R., Sr.; Huger, Felicity; Huger, L.J.; Hughes, Sherwin; Hughley, Darryl L. "D.L."; Hurley, Dan; Hwang, Anne; Hyland, Raymond L., Jr.; Iguina González, Carmen G.; Innamorato, Sara; Inslee, Jay R.; Inslee, Trudi; Iohannis, Klaus; Isaac, Nicole; Ishee, Todd; Ito, Gordon I.; Ives, James R.; Jackson, Danna; Jacobs, Sam; Jacobsen, Amanda S.; Jacobson, Tracey Ann; James, Chris; James, Keith A.; Jayapal, Pramila; Jean-Pierre, Karine; Jeffers, Honica; Jefferson, Deshundra; Jeffries, Hakeem S.; Jenkins, Clay L.; Jenkins, Rose E.; Jennings, Johnny; Jensen, Michael; John, Joe; Johnson, Brandon; Johnson, Cavalier; Johnson, Eddie Bernice; Johnson, Henry C., Jr.; Johnson, J. Michael; Johnson, Kristin N.; Johnson, Mereda Davis; Jones, Douglas P.; Jones, Geno; Jones, Loree D.; Jones, Shevrin D. "Shev"; Kanter, Rebecca S.; Kaplan, Matthew; Karlmark, Gloria Ray; Karloutsos, Alexander; Kaufman, Edward E.; Kelly, George J. "Mike," Jr.; Kelly, Robin L.; Kemp, Patricia; Kerry, John F.; Khan, Omar; Khosla, Neeru; Khosla, Vinod; Kidd, Embry J.; Kildee, Daniel T.; King, Rachel; Kirby, James; Kirk, Lisa; Kishida, Fumio; Kishida, Yuko; Klobuchar, Amy J.; Kneedler, Eric; Knight, Edna; Kounalakis, Eleni; Kurilla, M. Erik; Kuster, Ann McLane; Kuster, Brad; Lago, Marisa; Lamborn, Douglas L.; Lamont, Edward M.; Lamora, Christopher J.; Landy, Adam B.; Lane, Laura; Lanham, Krissa M.; Lanthier, Mary Kay; Larew, Rob; Lazaro, Maria Theresa P.; Lazaroski, Thomas; Lee, Barbara J.; Lee, Suzanne K.; Lenihan, William J.; Levine Cava, Daniella; Lewis, Stephen Roe; Lieberman, Hadassah; Lieberman, Joseph I.; Linehan, Nicole; Linehan, Sean; Linton, Jeffrey D.; Lipez, Julia M.; Little, Bradley J.; López Obrador, Andrés Manuel; Lopez, Jose Mynor; Lord, Peter W.; Lowenberg, Susan E.; Luboff, David; Lucas, Alex; Luna, Miguel; Lyles, Viola "Vi"; Lynch, John; Lynch, Susan; Macron, Brigitte; Macron, Emmanuel; Maldonado, Nancy L.; Maloney, Sean Patrick; Manalo, Enrique A.; Manes, Jean E.; Mantzavinos, Spiros; Marcos, Ferdinand R. "Bongbong," Jr.; Markell, Carla; Markell, Jack A.; Markey, Edward J.; Marquis, Thomas L.; Martinez, Angela M.; Martinez-Diaz, Leonardo; Marwah, Harleen; Mason, Cory; Mathews, Daniel; Mayorkas, Alejandro N.; McBath, Lucia K.; McCall, David; McCawley, David R.; McConnel, A. Mitchell; McConnell, A. Mitchell; McDonald, Diana; McDonald, William "Chris"; McDonough, Denis R.; McFarland, William; McFarland, William P.; McFerran, Lauren McGarity; McGuire, DeDe; McGurk, Brett H.; McHugo, Scott; McLaughlin, Catherine; McLean, Lauren; McMahon, J. Ryan, II; McMenamin, Jennifer; McPherson, Jim; Meale, David S.; Meeks, Gregory W.; Mehrotra, Sanjay; Meloni, Giorgia; Mendis, Patrick; Merkel, Charles C.; Meyers, Seth; Mfume, Kweisi; Miguel, Robert; Miketin, Jozef K.; Miles, Cate; Miles, Catherine S. "Cassie"; Miles, Temus C. "Tem," Jr.; Miller, Aruna; Milley, Mark A.; Mills, Igalious; Modi, Narendra; Moffett, Breonna A.; Mohammed bin Zayed Al Nahyan; Molinar, Raul; Moore, Brenda F.; Moore, Gwendolynne S.; Moore, Westley W.O. "Wes"; Morgan, Darian "Big Tigger"; Moritsugu, Erika; Moultrie, Ronald S.; Moy, Kin; Mucarsel-Powell, Debbie; Muir, David; Mullin, Kevin; Murphy, Brian E.; Murphy, Christopher S.; Murphy, Philip D.; Murphy, Sara; Murray, Timothy D.; Musolf, Keith; Muyangwa, Monde; Nadler, Jerrold L.; Nassika, Katerina; Nathan, Scott; Navalnaya, Dasha; Navalnaya, Yulia; Nduom, Edjah K.; Neal, Peter; Neal, Richard E.; Neitzke, Jeremey; Nelson, Naomi; Nelson, Tim; Nessel, Dana; Netanyahu, Benjamin; Netburn, Sarah; Neumann, Stacey D.; Nevalny, Alexei; Neville, Bill; Neville, Connie; Newman, Virginia; Newsom, Gavin C.; Nichols, Brian A.; Nimish, Patel; Noyes, Julieta Valls; Nwanaji-Enwerem, Jamaji; Obama, Barack; Ocasio-Cortez, Alexandria; O'Donnell, Kelly; Olson, Dan; Olszewski, John, Jr.; O'Malley Dillon, Jen; Osius, Ted; Osnos, Evan; Ostash, Bill; Owens, Jason D.; Owens, Valerie Biden; Padgett, Anne-Marie; Padilla, Alejandro; Paine, Jim; Palmore, Joseph R.; Pappas, Christopher C.; Parisi, Joe; Parker, Cherelle L.; Pasquino, Bruno Antonio; Patrouille, Curtis P.; Pederson, Derek; Pelosi, Nancy; Pennell, Rebecca L.; Pérodin, Joanne; Perry, April; Peters, Gary C.; Phee, Mary C.; Phee, Mary Catherine; Phillips, Chynna; Phillips, Landry; Phillips, Willie L., Jr.; Pineda, Allan; Plaskett, Stacey E.; Pocan, Mark; Podesta, John R.; Poling, Ashley J.E.; Poloche, Samuel; Power, Samantha; Preckwinkle, Toni; Preckwinkle, Toni L.; Preet, Kawal; Provinzino, Laura M.; Pryor, Ikina; Pryor, Latreca; Quillian, Natalie H.; Raimondo, Gina M.; Rania, Queen; Rapp-Hooper, Mira; Ravas, Stephen; Redmon, Casey; Regan, Michael S.; Reinert, Roger J.; Rhodes-Conway, Satya; Richardson, Heather Cox; Richardson, John E.; Ried, Curtis R.; Ritz, Kevin G.; Rivers, William J.; Roberts, Terrence; Robinson, Sheree; Rodriguez, Catherine; Roker, Al; Romero, Christy Goldsmith; Romualdez, Jose Manuel G.; Rosner, David; Ruais, Jay; Russell, Carolyn A.; Russell, Leon, Jr.; Ruto, Rachel; Ruto, William; Ryan, Patrick K.; Sabater, Juan A.; Sachs, Maria; Saffo, Vassilios Avgerinos "Bill"; Sagawa, Shirley Sachi; Sanders, Bernard; Sanders, Kennedy L.; Sanders, Sarah Huckabee; Saporito, Joseph F., Jr.; Savva, Evangelos; Scanlon, Mary Gay; Schieve, Hillary L.; Schocken, Judith; Scholz, Olaf; Schrier, Kimberly M.; Schulte, Eric; Schumer, Charles E.; Scott, Brandon M.; See, Lindsay S.; Segal, Stephanie E.; Segerblom, Richard "Tick"; Shah, Bethany Pickett; Shaheen, C. Jeanne; Shaheen, Stefany; Shaheen, William H.; Shapiro, Joshua D.; Sharpton, Alfred C., Jr.; Shaw-Wilder, Detra; Sheinbaum, Claudia; Sherwood-Randall, Elizabeth D.; Shoaf, Frank J.; Shore, Debra; Shorter-Lawrence, Alison; Shurtleff, Stephen; Siddique, M. Osman; Simon, Gregory C.; Simon, Paul; Simon, Vanesa Soledad; Singh, Shamina; Sivak, Thomas C.; Skjodt, Cynthia Simon; Smith, D. Adam; Smith, Donald; Smith, Jack; Smith, Julianne; Smith, Melissa; Smith, Michael D.; Smith, Tina Flint; Smyre, Calvin; Snapp, Mary; Snarr, David C.; Soból, Damian; Sofge, Adrienne; Sofge, Robert B., Jr.; Sooknanan, Sparkle L.; Sozzi, Brian; Spears, Kevin; Spellmon, Scott A.; Stabenow, Deborah A.; Staley, Dawn; Stanton, Gregory J.; Starr, Eric; Stern, Howard; Stith, Gavin; Stith, Kourtney; Stitt, J. Kevin; Story, James; Su, Julie A.; Suazo Sandoval, Maynor Yassir; Subianto, Prabowo; Sudani, Mohammed Shia al-; Sullivan, Jacob J.; Sulmeyer, Michael; Summers, Kurt A., Jr.; Sunak, Rishi; Sununu, Christopher T.; Suozzi, Thomas R.; Takano, Mark A.; Tamim bin Hamad Al Thani, Amir; Tamim bin Hamad Al-Thani, Amir; Tamlyn, Lucy; Tate, Joe; Tecklenburg, John J.; Teff, Bryan J.; Thanedar, Shri; Theeler, Camela C.; Thomas-Greenfield, Linda; Thompson, Craig; Tincher-Ladner, Lynn; Titus, A. Constadina; Tobin, Katie; Tocco, Christophe A.; Todman, Adrianne; Tokudo, Jill N.; Tolley, Christopher; Tong, William; Torres, Norma J.; Towers, Amy Robbins; Treviño, Eddie, Jr.; Troung, John C.; Trudeau, Justin P.J.; Tshisekedi, Félix; Tsunis, George J.; Tuerk, Matthew; Tufro, Paula; Turner, Mark A.; Tusk, Donald Franciszek; Tyler, Vanessa; Vacca, Meredith A.; van der Leyen, Ursula; Van Hollen, Christopher, Jr.; Van Roo, Bart T.; Varadkar, Leo; Vargas, Jeannette; Vargas, Juan; Vargas, Lauren; Venneri, Francesco; Ventrell, Patrick; Vinograd, Samantha; von der Leyen, Ursula; Wagner, Anne Marie; Walls, Carlotta; Walsh, Martin J.; Walton, Michael; Walz, Timothy J.; Warmkessel, Jeremy; Waterman, David C.; Waters, Maxine M.; Waters, Michael W.; Way, Kashi; Weeks, Thomas M., Jr.; Whelan, Edward; Whelan, Elizabeth; Whelan, Paul N.; Whelan, Rosemary; White, Robert J.; White, William I.; Whitmer, Gretchen E.; Whitmire, John; Wiegmann, John B.; Wild, Susan E.; Wilentz, Sean; Wilf, Mark; Wilhelm, Matthew B.; Wilkerson, Tonya P.; Wilkins, Donele; Williams, Jessica "Ms. Jessica"; Williams, Leonardo; Williams, Nikema N.; Williams, Shane J.; Willis, Deborah; Wilson, Christopher; Wise, Noël; Womack, Stephen A.; Wong, Chantale; Wood, Derrick; Woods, Bobby J.; Wormuth, Christine E.; Wright, S.M., II; Wu, Michelle; Xi Jinping; Yearwood, Trisha; Yellen, Janet L.; Yess, Tanner; Yoon, Jasmine H.; Young, Jeffrey, Jr.; Zients, Jeffrey D.; Zurawski, Amanda; Zurawski, Josh*.* Subjects: "101.7 The Truth" radio program; "Big Tigger Morning Show With Jazzy McBee" radio program; "D.L Hughley Radio Show"; "El Show de Chiquibaby" radio program; 2024 Presidential election; ABC, "World News Tonight With David Muir" program; Abortion; Acting Secretary of Labor; Advisory Committee for Trade Policy and Negotiations; Affirmative action; African Development Bank; Ak-Chin Indian Community, Chairman; Alaska, disaster assistance; Algeria, U.S. Ambassador; American Battle Monuments Commission; AmeriCorps; Amtrak; Angola, U.S. Ambassador; Anti-Semitism; Arab-Israeli conflict, peace process; Arizona Building and Construction Trades Council; Arizona, Fairmont Scottsdale Princess hotel in Scottsdale; Arizona, Intel Corp. Octotillo Campus in Chandler; Arizona, Phoenix Sky Harbor International Airport in Phoenix; Arizona, President's visit; Arkansas, disaster assistance; Arkansas, Governor; Arkansas, tornado damage and recovery efforts; Army Corps of Engineers, U.S.; Artificial intelligence and other emerging technologies; Arts, National Council on the; Asian American, Native Hawaiian, and Pacific Islander Heritage Month; Assistant Secretary of Defense for Cyber Policy; Attorney General; Bangladesh, U.S. Ambassador; Basketball; Belgium, Prime Minister; Belgium, relations with U.S.; Biden, Finnegan J.; Black History Month; Black Information Network; Border security; Business Roundtable ; California, CJ's Cafe in Los Angeles; California, crash of U.S. Marine Corps helicopter; California, Democratic Party event; California, disaster assistance; California, disaster assistance for Wrangell Cooperative Association; California, Fairmont San Francisco hotel in San Francisco; California, Governor; California, InterContinental Mark Hopkins San Francisco hotel in San Francisco; California, Ivy Restaurant in Los Angeles; California, Lieutenant Governor; California, Los Angeles International Airport in Los Angeles; California, President's visit; California, rain storms and flooding; California, San Francisco International Airport in San Francisco; California, Soboba Band of Luiseño Indians, disaster assistance; California, W Los Angeles hotel in Los Angeles; Canada, Prime Minister; Cancer Advisory Board, National; Central African Republic, U.S. Ambassador; Central Intelligence Agency; China, counternarcotics cooperation with U.S.; China, President; China, relations with Russia; China, relations with U.S.; China, trade with U.S.; Cinco de Mayo; Climate change; CNN, "Erin Burnett OutFront" program; Coast Guard, U.S.; Combatant commanders, dinner with President; Commission for the Preservation of America's Heritage Abroad, U.S.; Commission of Fine Arts; Congo, Democratic Republic of the, President; Congress, Members, meeting with President; Connecticut, death of former U.S. Senator; Connecticut, disaster assistance; Connecticut, Governor; Connecticut, President's visit; Consolidated Appropriations Act, 2024; Corporation for National and Community Service; Cyprus, Ambassador to U.S.; Czechia, Prime Minister; Deaths, former Rep. Eddie Bernice Johnson; Deaths, former Sen. Joseph I. Liberman; Deaths, President Hage G. Geingob of Namibia; Defense Nuclear Facilities Safety Board; Delaware, Alexis I. du Pont High School in Wilmington; Delaware, Congo Legacy Center in Wilmington; Delaware, Dover Air Force Base; Delaware, Egg restaurant in Rehoboth Beach; Delaware, Fieldstone Golf Club in Greenville; Delaware, Henlopen City Oyster House in Rehoboth Beach; Delaware, Jos. A. Bank men's clothing store in Greenville; Delaware, Mrs. Robino's Restaurant in Wilmington; Delaware, Piccolina Toscana restaurant in Wilmington; Delaware, President's visit; Delaware, St. Edmond's Catholic Church in Rehoboth Beach; Delaware, St. Joseph on the Brandywine Roman Catholic Church in Greenville; Democratic National Committee; Department of the Treasury, Assistant Secretary for Financial Institutions; Department of the Treasury, Inspector General; Department of Transportation, General Counsel; Deposit Insurance Corporation, Federal; Deputy Secretary of Housing and Urban Development; Deputy Secretary of the Interior; Deputy Secretary of Veterans Affairs; Deputy White House Chief of Staff; Disaster assistance, Alaska; Disaster assistance, Arkansas; Disaster assistance, California; Disaster assistance, Connecticut; Disaster assistance, Hawaii; Disaster assistance, Hoopa Valley Tribe; Disaster assistance, Idaho; Disaster assistance, Iowa; Disaster assistance, Kansas; Disaster assistance, Kentucky; Disaster assistance, Maine; Disaster assistance, Massachusetts; Disaster assistance, Michigan; Disaster assistance, Mississippi; Disaster assistance, Morongo Band of Mission Indians; Disaster assistance, Nebraska; Disaster assistance, New Hampshire; Disaster assistance, New York; Disaster assistance, North Dakota; Disaster assistance, Ohio; Disaster assistance, Oklahoma; Disaster assistance, Oregon; Disaster assistance, Rhode Island; Disaster assistance, Soboba Band of Luiseño Indians; Disaster assistance, Texas; Disaster assistance, U.S. Virgin Islands; Disaster assistance, Vermont; Disaster assistance, Washington; Disaster assistance, West Virginia; Disaster assistance, Wrangell Cooperative Association; District of Columbia, BlackSalt Fish Market and Restaurant; District of Columbia, Marriott Marquis Washington, DC, hotel; District of Columbia, Mayflower Hotel; District of Columbia, Union Station; District of Columbia, Walter E. Washington Convention Center; District of Columbia, Washington Hilton hotel; Diversity, equity, and inclusion, improvement efforts; Economic improvement; Economic stimulus legislation; Egypt, President; El Bueno, "El Genio Lucas" program; El Salvador, President; Environmental Protection Agency; Equatorial Guinea, U.S. Ambassador; European Commission President; European Commission, President; Farm Credit Administration; Federal court nominations and confirmations; Federal Emergency Management Agency; Federal Emergency Management Agency (FEMA); Federal Energy Regulatory Commission; Federal Labor Relations Authority; Federal Salary Council; Federal student loans, partial forgiveness; Financial Stability Oversight Council; Florida, Hillsborough Community College Dale Mabry Campus in Tampa; Florida, Miami International Airport in Miami; Florida, Palm Beach International Airport in West Palm Beach; Florida, President's visit; Florida, Tampa International Airport in Tampa; Football; France, Aisne-Marne American Cemetery in Belleau; France, Ambassador to U.S.; France, Arc de Triomphe in Paris; France, Élysées Palace in Paris; France, InterContinental Paris Le Grand hotel in Paris; France, Normandy American Cemetery in Colleville-sur-Mer; France, Paris-Orly Airport in Orly; France, President; France, President Biden's visit; France, President's visit; France, Prime Minister; France, U.S. Ambassador; Gaza, conflict with Israel; Gaza, death of World Central Kitchen humanitarian aid workers; Gaza, hostages held by Hamas; Gaza, humanitarian situation; Gaza, international assistance; Gaza, U.S. and Israeli hostages; Georgia, Atlanta Hartsfield-Jackson International Airport in Atlanta; Georgia, Hartsfield-Jackson Atlanta International Airport in Atlanta; Georgia, InterContinental Buckhead Atlanta hotel in Atlanta; Georgia, Morehouse College in Atlanta; Georgia, President's visit; Georgia, the Gathering Spot in Atlanta; Germany, Chancellor; Gila River Indian Community, Governor; Great Lakes Authority; Greece, Ambassador to U.S.; Greece, U.S. Ambassador; Group of Seven (G–7) nations; Guatemala, migration management, cooperation with U.S.; Guatemala, President; Guinea-Bissau, U.S. Ambassador; Gun control; Hamas political/paramilitary organization; Hamas political- paramilitary organization; Hawaii, disaster assistance; Historically Black sororities and fraternities leaders, meeting with President; Holocaust Memorial Council, U.S.; Holocaust Remembrance Day; Holy See (Vatican City), Pope; Holy See (Vatican City), U.S. Ambassador; Homeland Security Adviser; Hoopa Valley Tribe, disaster assistance; House minority leader; Idaho, disaster assistance; Idaho, Governor; Illegal drugs, interdiction efforts; Illinois, President's visit; India, elections; India, Prime Minister; India, relations with U.S.; Indonesia, President-elect; Indonesia, relations with U.S.; Indonesia, security cooperation with U.S.; Indo-Pacific Economic Framework; Indo-Pacific, economic and security cooperation; Infrastructure Advisory Council, National; Intelligence, Office of the Director of National; International Bank for Reconstruction and Development; International Brotherhood of Electrical Workers (IBEW); International Monetary Fund; Iowa, disaster assistance; Iowa, shooting in Perry; Iran, missile and drone attack against Israel; Iran, security threats against Israel; Iraq, Prime Minister; Iraq, U.S. Ambassador; Ireland, Prime Minister; Ireland, relations with U.S.; Israel, military operations in Gaza; Israel, Prime Minister; Italy, Borgo Egnazia hotel in Savelletri di Fasano; Italy, Brindisi Airport in Brindisi; Italy, Head of the Diplomatic Protocol; Italy, Masseria San Domenico hotel in Savelletri di Fasano; Italy, President Biden's visit; Italy, President's visit; Italy, Prime Minister; Italy, U.S. Ambassador; J. William Fulbright Foreign Scholarship Board; Japan, earthquake off western coast; Japan, Prime Minister; Jewish American Heritage Month; Joint Chiefs of Staff; Jordan, Crown Prince; Jordan, death of U.S. servicemembers in drone attack; Jordan, drone attack on U.S. servicemembers near northeast border with Syria; Jordan, King; Jordan, Queen; Juneteenth; Kansas, disaster assistance; Kentucky, disaster assistance; Kenya, President; Lead service lines, replacement efforts; Lesotho, U.S. Ambassador; Liberia, President-elect; Libya, U.S. Ambassador; Maine, disaster assistance; Malawi, U.S. Ambassador; Manufacturing industry, domestic investment; Marshall Islands, President-elect; Marshals Service, U.S.; Martin Luther King, Jr., Day; Maryland, collapse of Francis Scott Key Bridge in Baltimore; Maryland, Governor; Maryland, Lieutenant Governor; Maryland, President's visit; Maryland, Walter Reed National Military Medical Center in Bethesda; Massachusetts, disaster assistance; Massachusetts, Governor; Massachusetts, President's visit; Massachusetts, Seaport Hotel in Boston; Mauritania, U.S. Ambassador; McFarland, William P.; Memorial Day; Mexico, border with U.S., infrastructure and security; Mexico, counternarcotics efforts; Mexico, immigration enforcement cooperation with U.S.; Mexico, immigration enforcement, cooperation with U.S.; Mexico, President; Mexico, President-elect; Mexico, relations with U.S.; Michigan, CRED Cafe in Detroit; Michigan, Democratic Party event; Michigan, disaster assistance; Michigan, Governor; Michigan, Lieutenant Governor; Michigan, MBS International Airport in Freeland; Michigan, Pleasant View Golf Course in Saginaw; Michigan, President's visit; Michigan, Selfridge Air National Guard Base in Harrison Township; Michigan, Simple Palate Restaurant in Warren; Michigan, They Say restaurant in Harper Woods; Michigan, UAW Region 1 Union Hall in Warren; Michigan, WJLB in Detroit; Michigan, WUVS in Muskegon; Migration flows, international cooperation; Minnesota, Duluth International Airport in Duluth; Minnesota, Governor; Minnesota, International Brotherhood of Electrical Workers Local 242 in Duluth; Minnesota, International Union of Painters and Allied Trades District Council 82 in Duluth; Minnesota, Iron Workers Local 512 Region B in Hermantown; Minnesota, Laborers' International Union of North America Local 1091 in Duluth; Minnesota, President's visit; Minority-owned businesses, promotion efforts; Mississippi, disaster assistance; Missouri, shooting in Kansas City; Moldova, U.S. Ambassador; Monaco, U.S. Ambassador; Morongo Band of Mission Indians, disaster assistance; Morris K. Udall and Stewart L. Udall Foundation; Mozambique, U.S. Ambassador; MSNBC, "Saturday Show With Jonathan Capehart"; Museum and Library Services Board, National; Muslim community leaders, meeting with the President; Namibia, death of President; National Action Network (NAN); National Association for the Advancement of Colored People (NAACP); National Association of Counties; National Council on the Humanities; National Labor Relations Board; National League of Cities; National Park Service; National Security Adviser; National Security Council; National Transportation Safety Board; Natural disasters, northeast U.S. earthquake; Natural disasters, Texas and Oklahoma wildfires; NBC, "Late Night With Seth Meyers" program; NBC's "Today" program; Nebraska, disaster assistance; Nevada, Caesar's Palace Las Vegas Hotel and Casino in Las Vegas; Nevada, Harry Reid International Airport in Las Vegas; Nevada, Las Vegas Chinatown Plaza in Las Vegas; Nevada, No. 1 Boba Tea in Las Vegas; Nevada, President's visit; Nevada, Reno-Tahoe International Airport in Reno; Nevada, Stupak Community Center in Las Vegas; New Hampshire, disaster assistance; New Hampshire, Governor; New Hampshire, Manchester-Boston Regional Airport in Manchester; New Hampshire, President's visit; New Hampshire, Veterans of Foreign Wars Post 8641 in Merrimack; New Hampshire, Westwood Park Branch YMCA in Nashua; New Jersey, Governor; New York, 30 Rockefeller Plaza in New York City; New York, death of New York City police officer during traffic stop; New York, disaster assistance; New York, Hancock Field Air National Guard Base in Syracuse; New York, InterContinental New York Barclay hotel in New York City; New York, JW Marriott Essex House New York hotel in New York City; New York, Milton J. Rubenstein Museum of Science in Syracuse; New York, President's visit; New York, Radio City Music Hall in New York City; New York, SiriusXM Studios in New York City; New York, special congressional election; New York, Stewart Air National Guard Base in Newburgh; New York, U.S. Military Academy at West Point; New York, U.S. Military Academy in West Point; New York, Van Leeuwen ice cream parlor; New Yorker magazine; News media, Presidential interviews; Nexstar Media Group, Inc.; North Atlantic Treaty Organization; North Carolina, Abbotts Creek Community Center in Raleigh; North Carolina, Charlotte Air National Guard Base in Charlotte; North Carolina, Charlotte Douglas International Airport in Charlotte; North Carolina, Cook Out eatery in Raleigh; North Carolina, Governor; North Carolina, John Chavis Community Center in Raleigh; North Carolina, President's visit; North Carolina, Raleigh- Durham International Airport in Morrisville; North Carolina, shooting of law enforcement officers in Charlotte; North Carolina, Wilmington Convention Center in Wilmington; North Carolina, Wilmington International Airport in Wilmington; North Carolina, WPEG in Charlotte; North Dakota, disaster assistance; North Korea, ballistic missile testing and development; Norway, U.S. Ambassador; Nuclear Regulatory Commission; Nuclear weapons, nonproliferation efforts; Nueva Network, "El Genio Lucas" program; Occupational Safety and Health Review Commission; Office of Public Engagement; Office of the Director of National Intelligence; Ohio, 1820 House Candle Co. in East Palestine; Ohio, 2023 train derailment and chemical spill; Ohio, Brave Industries in East Palestine; Ohio, disaster assistance; Ohio, Governor; Ohio, President's visit; Oklahoma, disaster assistance; Oklahoma, Governor; Oklahoma, tornado damage and recovery efforts ; Oklahoma, tornado damage and recovery efforts; Oklahoma, wildfire damage and recovery efforts; Oregon, disaster assistance; Organization for Economic Cooperation and Development, U.S. Ambassador and Permanent Representative; Organization for Security and Cooperation in Europe; Patient Protection and Affordable Care Act; Pennsylvania, 320 Market Cafe in Swarthmore and Media; Pennsylvania, Allentown Fire Academy in Allentown; Pennsylvania, Darlington Township Municipal Complex in Darlington; Pennsylvania, Emmaus Run Inn athletic shoe and equipment store in Emmaus; Pennsylvania, Girard College in Philadelphia; Pennsylvania, Governor; Pennsylvania, Lehigh Valley International Airport in Allentown; Pennsylvania, Lieutenant Governor; Pennsylvania, Martin Luther King, Jr., Recreation Center in Philadelphia; Pennsylvania, Montgomery County Community College in Blue Bell; Pennsylvania, Nowhere Coffee Co. in Emmaus; Pennsylvania, Philabundance food bank; Pennsylvania, Philadelphia International Airport; Pennsylvania, President's visit; Pennsylvania, Radisson Lackawanna Station Hotel in Scranton; Pennsylvania, Scranton Cultural Center at the Masonic Temple in Scranton; Pennsylvania, Scranton Veterans Memorial Park in Scranton; Pennsylvania, Sheetz gas station in Pittsburgh; Pennsylvania, South Mountain Cycle and Cafe in Emmaus; Pennsylvania, United Steelworkers International Headquarters; Pennsylvania, Valley Forge National Historical Park in King of Prussia; Pennsylvania, Wawa convenience store in Philadelphia; Pennsylvania, Wilkes-Barre Scranton International Airport in Avoca; Pennsylvania, Zummo's Cafe in Scranton; Philippines, Ambassador to the U.S.; Philippines, President; Philippines, relations with U.S.; Philippines, Secretary of Foreign Affairs; Philippines, security cooperation with U.S.; Philippines, trade with U.S.; Philippines, U.S. Ambassador; Poland, President; Poland, Prime Minister; Postal Regulatory Commission; Presidential Medal of Freedom; President's Commission on White House Fellowships; President's Export Council; President's Intelligence Advisory Board; Principal Deputy National Security Adviser; Public Buildings Reform Board; Puerto Rico, Financial Oversight and Management Board; Qatar, Amir; Racial equality, improvement efforts; Red Sea attacks on commercial shipping; Rhode Island, disaster assistance; Romania, President; Russia, conflict in Ukraine; Russia, death of opposition leader Alexei Navalny; Russia, detention of U.S. citizens; Russia, foreign cyber attacks and election interference; Russia, human rights issues; Rwanda, 1994 genocide anniversary commemoration; Samoa, U.S. Ambassador; Sao Tome and Principe, U.S. Ambassador; Scholars and historians, meeting with President; Secretary of Commerce; Secretary of Defense; Secretary of Homeland Security; Secretary of State; Secretary of the Army; Secretary of the Interior; Secretary of Transportation; Secretary of Treasury; Secretary of Veterans Affairs; Securities and Exchange Commission; Security Education Board, National; Senate Majority Leader; Senate minority leader; Senegal, U.S. Ambassador; Seychelles, U.S. Ambassador; SiriusXM radio; Small Business Administration; SmartLess podcast; South Carolina, 2015 shooting in Charleston; South Carolina, Brookland Baptist Church Banquet and Conference Center in West Columbia; South Carolina, Columbia Metropolitan Airport in West Columbia; South Carolina, Emanuel African Methodist Episcopal Church in Charleston; South Carolina, Hannibal's Kitchen in Charleston; South Carolina, Joint Base Charleston; South Carolina, President's visit; South Carolina, Regal Lounge Men's Barber and Spa in Columbia; South Carolina, Saint John Baptist Church in Columbia; South Carolina, Sheraton Columbia Downtown Hotel in Columbia; South Carolina, Star 99.7 FM in Charleston; South China Sea, maritime boundary disputes; Speaker of the House of Representatives; Special Presidential Envoy for Climate; Sports, Fitness, and Nutrition, President's Council on; Sri Lanka, U.S. Ambassador; St. Patrick's Day; State Justice Institute; State of the Union Address; Surface Transportation Board; Taiwan, political status with respect to China; Teamsters, International Brotherhood of; Texas, abortion restrictions; Texas, Abundant Life A.M.E. Church in Dallas; Texas, Brownsville South Padre Island International Airport in Brownsville; Texas, Concord Church in Dallas; Texas, Dallas Love Field Airport in Dallas; Texas, Dallas-Fort Worth International Airport in Dallas; Texas, death of former U.S. Representative; Texas, disaster assistance; Texas, Ellington Air Force Base; Texas, Fairmont Dallas hotel in Dallas; Texas, Governor; Texas, Hopewell Missionary Baptist Church in Dallas; Texas, People's Missionary Baptist Church in Dallas; Texas, President's visit; Texas, St. John Church Unleashed in Grand Prairie and Southlake; Texas, tornado damage and recovery efforts; Texas, wildfire damage and recovery efforts; TIME magazine; Togo, U.S. Ambassador; Trade Representative, Office of the U.S.; Transnational criminal organizations; U.S. Advisory Commission on Public Diplomacy; U.S. Army Corps of Engineers; U.S. Border Patrol; U.S. Citizenship and Immigration Services; U.S. Coast Guard; U.S. Conference of Mayors; U.S. Customs and Border Protection; U.S. diplomatic efforts, expansion; U.S. Immigration and Customs Enforcement; U.S. Marine Corps; U.S. Military Academy at West Point; U.S. Military Academy in West Point, NY; U.S. Permanent Representative to the United Nations; U.S. Postal Service; U.S. Supreme Court, 1954 decision in Brown v. Board of Education; U.S. Virgin Islands, disaster assistance; Ukraine, international assistance; Ukraine, Russian invasion and airstrikes; Ukraine, U.S. assistance; Under Secretary of Defense for Intelligence and Security; Under Secretary of State for Political Affairs; United Arab Emirates, President; United Arab Emirates, relations with U.S.; United Auto Workers (UAW); United Kingdom, Prime Minister; United Kingdom, relations with U.S.; United Kingdom, restoration of Northern Ireland Executive and Assembly; Univision; Univision Radio, "El Bueno, La Mala, y El Feo" program; Valentine's Day; Vermont, disaster assistance; Vice President; Vietnam, U.S. Ambassador; Virgin Islands, U.S., Governor; Virgin Islands, U.S., Henry E. Rohlsen Airport; Virgin Islands, U.S., President's visit; Virginia, Hylton Performing Arts Center in Manassas; Virginia, Marine Corps Air Facility Quantico in Quantico; Virginia, President's visit; Virginia, Prince William Forest Park in Triangle; Washington, disaster assistance; Washington, Governor; Washington, President's visit; Washington, Seattle-Tacoma International Airport ; West Virginia, disaster assistance; Western Hemisphere, economic growth and development; White House Chief of Staff; White House Competition Council; White House Correspondents' Association; White House Deputy Chief of Staff; White House Easter Egg Roll; White House Environmental Justice Advisory Council; White House Press Secretary; White House Senior Adviser; Wisconsin, Biden for President campaign Wisconsin headquarters in Milwaukee; Wisconsin, Dane County Regional Airport in Madison; Wisconsin, Earth Rider Brewery in Superior; Wisconsin, Governor; Wisconsin, John A. Blatnik Memorial Bridge in Superior; Wisconsin, Milwaukee Mitchell International Airport in Milwaukee; Wisconsin, Northern Wisconsin Building and Construction Trades in Superior; Wisconsin, Pfister Hotel in Milwaukee; Wisconsin, Pieper-Hillside Boys and Girls Club in Milwaukee; Wisconsin, President's visit; Wisconsin, Secretary of Transportation; Wisconsin, Superior Fire Department Local 74 in Superior; Wisconsin, WNOV 860 in Milwaukee; Women's History Month; Yahoo Finance; Yemen, Houthi rebel group attacks on commercial shipping in Red Sea; Yemen, U.S. airstrikes.

usgpo

2024-06-24T00:12:40.801775

DCPD-202400489

Statement on the Senate Vote on Legislation To Protect Access to Contraception

Administration of Joseph R. Biden, Jr., 2024 June 5, 2024 Senate Republicans just refused to protect a woman's right to birth control. This is the second time since the Supreme Court's extreme decision to overturn *Roe *v. *Wade *that congressional Republicans have refused to safeguard this fundamental right for women in every State. It's unacceptable. Today's vote comes 2 days before the 59th anniversary of the Supreme Court's landmark decision in *Griswold *v. *Connecticut*, which established that the fundamental right to privacy protects the ability to make deeply personal decisions free from the interference of politicians, including to access contraception. Two years ago, the Court put that right in jeopardy by overturning *Roe *v. *Wade *and taking away a woman's constitutional right to choose. Since then, Republicans have doubled down. Republican elected officials' extreme agenda, which is at odds with the majority of Americans, continues to undermine access to reproductive health care, from abortion to contraception to in vitro fertilization. Dangerous abortion bans are forcing health care providers to close, disrupting access to critical health care services. Republican officials continue to try to restrict access to birth control and to defund Federal programs that help women access contraception. Vice President Harris and I believe that women in every State must have the freedom to make deeply personal health care decisions, including the right to decide if and when to start or grow their family. My administration, alongside Democrats, in Congress will continue to fight to protect access to reproductive health care and keep taking action to strengthen access to affordable, high-quality contraception. And we will continue to urge Congress to restore the protections of *Roe *v. *Wade *in Federal law and safeguard the right to contraception once and for all. Categories: Statements by the President : Contraception, Senate vote on legislation to protect access. Names: Harris, Kamala D. Subjects: Abortion; Contraception and family planning; In vitro fertilization and reproductive assistance services; U.S. Supreme Court opinion overturning 1973 decision in Roe v. Wade; Vice President. DCPD Number: DCPD202400489. 1

usgpo

2024-06-24T00:12:40.941539

BILLS-118hres1295ih

Expressing support for the designation of Sunday, June 16, 2024, as Father’s Day.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1295 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1295 Expressing support for the designation of Sunday, June 16, 2024, as ``Father's Day''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 12, 2024 Mr. Gomez (for himself, Ms. Tlaib, Mr. Kim of New Jersey, Mr. Goldman of New York, Mr. Castro of Texas, Mr. Bowman, Mr. Neguse, Mr. Menendez, Mr. Swalwell, Mr. Gallego, Mr. Allred, Mr. Levin, Mr. Crow, Mr. Ruiz, Mr. Harder of California, Mr. Deluzio, Mr. Mullin, Mr. Boyle of Pennsylvania, Mr. Moulton, Mr. Moskowitz, Mr. Nickel, Mr. Magaziner, Mr. Auchincloss, Mr. Ryan, Mr. McGarvey, Mr. Beyer, Mr. Landsman, Mr. Lieu, Mr. Veasey, Mr. Correa, Mr. Schneider, Mr. Gottheimer, Mr. Schiff, Ms. Pettersen, Mr. Panetta, Ms. Barragan, Ms. Stansbury, Mr. Vargas, Mr. Trone, Ms. Norton, Mr. Thanedar, and Ms. Escobar) submitted the following resolution; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ RESOLUTION Expressing support for the designation of Sunday, June 16, 2024, as ``Father's Day''. Whereas Father's Day recognizes and raises awareness of the importance of fathers in the United States; Whereas Father's Day was established in 1966 by then-President Lyndon Johnson issuing a proclamation setting aside the third Sunday in June to honor fathers; Whereas Father's Day has been celebrated annually since 1972, when then- President Richard Nixon signed a law making it a permanent national holiday; Whereas, throughout the history of the United States, whether in their homes, workplaces, schools, and communities, fathers have fought for themselves, their families, and all people of the United States; Whereas 6 in 10 adult men in the United States are fathers; Whereas 36,000,000 men live with 80,000,000 children under 18 years of age; Whereas 29,000,000 of these fathers are also grandfathers; Whereas fathers are just as likely as mothers to say that parenting is extremely important to their identity; Whereas, since 1965, fathers in the United States have nearly tripled the time they spend caring for children; Whereas there are 1,800,000 men who are ``solo'' fathers to a minor; Whereas children with involved loving fathers are significantly more likely to do well in school, and exhibit greater emotional security, curiosity, and math and verbal skills; Whereas toddlers with involved fathers go to school with higher levels of academic readiness, and they are more patient when handling stress associated with attending school; Whereas the positive impacts of having an engaged father persist into adolescence and adulthood, resulting in higher intellectual functioning, better verbal skills, and higher academic achievement; Whereas children with involved fathers have higher self-esteem and fewer behavioral problems at school; Whereas fathers who take 2 or more weeks off after the birth of a child are more involved in that child's direct care 9 months after birth than fathers who take no leave; Whereas a father's involvement in his newborn's care in the first 6 months can mean both mother and baby sleep better; Whereas a mother's income rises 7 percent for each month of leave their child's father takes; Whereas policies that provide support to fathers ensure that families and children thrive while also benefiting fathers' physical and mental health; Whereas universal paid family and medical leave will give fathers the freedom to care for themselves and their loved ones; Whereas affordable, accessible, high-quality child care with family sustaining wages for early educators will help fathers support their children's healthy development; Whereas a permanent, fully inclusive, monthly child tax credit will put consistent resources into the hands of fathers caring for children; and Whereas Sunday, June 16, 2024, will be widely celebrated across the United States as ``Father's Day'': Now, therefore, be it Resolved, That the House of Representatives-- (1) recognizes the role of fathers in the United States; (2) urges support for universal paid family and medical leave, affordable, accessible, high-quality child care, and a permanent, fully inclusive, monthly child tax credit; (3) acknowledges that fathers can, and should, be celebrated and supported as an integral part of families, communities, workplaces, and society; and (4) supports the designation of a ``Father's Day''. <all>

usgpo

2024-06-24T00:12:41.018655

DCPD-202400494

Remarks at Pointe du Hoc in Cricqueville-en-Bessin, France

Administration of Joseph R. Biden, Jr., 2024 June 7, 2024 John, how are you? Please, sit down. At last, the hour had come. Dawn, 6th of June, 1944. The wind was pounding, as it is today and always has against these cliffs. Two hundred and twenty-five American Rangers arrived by ship, jumped into the waves, and stormed the beach. They could see—all they could see was the outline of the shore and the enormity of these cliffs. And I'd like to look—I know I'll get in trouble with the Secret Service if I go to the edge and look over, but—[*laughter*]—think of those cliffs, as my host just showed me. That's what we're standing on top of. They could hear—all they could hear was the crack of bullets hitting ships, sand, rocks— hitting everything. All they knew was time was of the essence. They had only 30 minutes—30 minutes—to eliminate the Nazi guns high on this cliff, guns that could halt the Allied invasion before it even began. But these were American Rangers. They were ready. They ran toward the cliffs, and mines planted by Field Marshall Rommeny—Rommel exploded around them. But still, they kept coming. Gunfire rained above them. But still, they kept coming. Nazi grenades thrown from above exploded against the cliffs, but still they kept coming. Within minutes, they reached the base of this cliff. They launched their ladders, their ropes, and grappling hooks, and they began to climb. When the Nazis cut their ladders, the Rangers used their ropes. When the Nazis cut their ropes, the Rangers used their hands. And inch by inch, foot by foot, yard by yard, the Rangers clawed—literally clawed—their way up this mighty precipice until at last they reached the top. They breached Hitler's Atlantic Wall. And they turned, in that one effort, the tide of the war that began to save the world. Ladies and gentlemen, yesterday I paid my respects at the American Cemetery just a few miles from here, where many of those Rangers who died taking this cliff are buried. I spoke of what the—about what the fallen had done to defend freedom. Today, as I look out at this battlefield and all the bunkers and bomb craters that are—still surround it, one thought comes to mind: My God. My God, how did they do it? How were these Americans willing to risk everything, dare everything, and give everything? They were Americans like Sergeant Leonard—Sergeant Leonard Lomell from New Jersey. He was one of the first Rangers to jump off his ship and run toward the cliff. He almost was shot right above the hip initially, and he didn't—wasn't sure, but he was. He kept going. At one point, he was scaling the cliff, and another Ranger yelled, "I'm not sure I can make it." And Lomell yelled back with every ounce of strength he had in him, "You've got to hold on." And he did, and they did. Americans like Sergeant Tom Ruggiero from Massachusetts. A German shell hit his boat as he was approaching the shore. Everything exploded. The sergeant was knocked into the freezing water, and, as he told it, he began to utter a prayer: "Dear God, don't let me drown. I want to get in and do what I'm here and supposed to do." Americans like Lieutenant Colonel James Rudder of Texas. When the military asked for a battalion for this daring mission, he raised his hand and said, "My Rangers can do the job." He knew their capacity. He knew the strength of their character. And, a few days after they scaled this cliff, he wrote a condolence letter to a mother of one of the Rangers who gave his life here. And that letter said, "A country must be great to call for the sacrifice of such men." "A country must be great to call for the sacrifice of such men." And Americans like John Wardell from New Jersey. And John is here. John, we love you, man. Thank you for all you've done. [*Applause*] You deserve that and a lot more, John. Just 18 years old, he deployed to this cliff to replace the surviving Rangers on that D-Day invasion. He would go on to fight across France and Germany. In early December of 1944, during one of those battles, shrapnel pierced his skull. But by Christmas, he was back, fighting with his unit. And here is what he said about—what—the notes he kept at that time. He said, "Knowing that my buddies and I always looked out for one another"—that's why he came back. That's why he fought so hard to get back. He always looked out, and his buddies looked out for one another. When we talk about democracy—American democracy—we often talk about the ideals of life, liberty, pursuit of happiness. What we don't talk about is how hard it is, how many ways we're asked to walk away, how many instincts are to walk away—the most natural instinct is to walk away, to be selfish, to force our will upon others, to seize power and never give up. American democracy asks the hardest of things: to believe that we're part of something bigger than ourselves. So democracy begins with each of us. It begins when one person decides there's something more important than themselves; when they decide the person they're serving alongside of is someone to look after; when they decide the mission matters more than their life; when they decide that their country matters more than they do. That's what the Rangers at Port de—Pointe de Hoc did. That's they decided. That's what every soldier and every marine who stormed these beaches decided. A feared dictator had conquered a continent, had finally met his match. Because of them, the war turned. They stood against Hitler's aggression. Does anyone doubt—does anyone doubt—that they would want America to stand up against Putin's aggression here in Europe today? They stormed the beaches alongside their allies. Does anyone believe these Rangers would want America to go it alone today? They fought to vanquish a hateful ideology in the thirties and forties. Does anyone doubt they wouldn't move heaven and earth to vanquish hateful ideologies of today? These Rangers put mission and country above themselves. Does anyone believe they would exact any less from every American today? These Rangers remembered with reverence those who gave their lives in battle. Could they or anyone ever imagine that America would do the same—wouldn't do the same? They believed America was the beacon to the world. And I'm certain they believed that it would be that way forever. You know, we stand today—where we stand was not sacred ground on June the 5th, but that's what it became on June the 6th. The Rangers who scaled this cliff didn't know they would change the world. But they did. I've long said that history has shown that ordinary Americans can do extraordinary things when challenged. There's no better example of that in the entire world than right here at Pointe du Hoc. Rangers from farms and cities in every part of America, from homes that didn't know wealth and power, they came to a shoreline that none of them would have picked out on a map. They came to a country many of them had never seen for a people they had never met. But they came, they did their job, they fulfilled their mission, and they did their duty. They were a part of something greater than themselves. They were Americans. I stand here today as the first President to come to Pointe du Hoc when none of those 225 brave men who scaled this cliff on D-Day are still alive. None. But I'm here to tell you that with them gone, the wind we hear coming off this ocean will not fade. It will grow louder. As we gather here today, it's not just to honor those who showed such remarkable bravery on that day, June 6, 1944. It's to listen to the echoes of their voices, to hear them, because they are summoning us, and they're summoning us now. They ask us: What will we do? They're not asking us to scale these cliffs, but they're asking us to stay true to what America stands for. They're not asking us to give or risk our lives, but they are asking us to care for others and our country more than ourselves. They're not asking us to do their job. They're asking us to do our job: to protect freedom in our time, to defend democracy, to stand up aggression abroad and at home, to be part of something bigger than ourselves. My fellow Americans, I refuse to believe—I simply refuse to believe—that America's greatness is a thing of the past. I still believe there is nothing beyond our capacity in America when we act together. We're the fortunate heirs of a legacy of these heroes, those who scaled the cliffs at Pointe du Hoc. But we must also be the keepers of their mission—the keepers of their mission—the bearers of the flame of freedom that they kept burning bright. That—that—is the truest testimonial to their lives: our actions every day to ensure that our democracy endures and the soul our Nation endures. To come here simply to remember the ghosts of Pointe du Hoc isn't enough. We have—need to hear them. We have to listen to them. We need to listen to what they had. We need to make a solemn vow to never let them down. God bless the fallen. God bless the brave men who scaled these cliffs. May God protect our troops. God bless America. NOTE: The President spoke at 4:43 p.m. at the Pointe du Hoc Ranger Monument. In his remarks, he referred to Scott Desjardins, Superintendent, Normandy American Cemetery; and President Vladimir Vladimirovich Putin of Russia. Categories: Addresses and Remarks : Pointe du Hoc in Cricqueville-en-Bessin, France. Locations: Cricqueville-en-Bessin, France. Names: Desjardins, Scott; Putin, Vladimir Vladimirovich; Wardell, John M. Subjects: D-Day, 80th anniversary; France, President Biden's visit; Russia, conflict in Ukraine; Russia, President; U.S. servicemembers, service and dedication; Ukraine, Russian invasion and airstrikes. DCPD Number: DCPD202400494.

usgpo

2024-06-24T00:12:41.028109

BILLS-118hres1294ih

Commending the Florida Everblades hockey team for winning the 2024 East Coast Hockey League’s Patrick J. Kelly Cup.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1294 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1294 Commending the Florida Everblades hockey team for winning the 2024 East Coast Hockey League's Patrick J. Kelly Cup. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 12, 2024 Mr. Donalds submitted the following resolution; which was referred to the Committee on Oversight and Accountability _______________________________________________________________________ RESOLUTION Commending the Florida Everblades hockey team for winning the 2024 East Coast Hockey League's Patrick J. Kelly Cup. Whereas, on June 8, 2024, the Florida Everblades hockey team won the 2024 Kelly Cup by defeating the Kansas City Mavericks by a score of 4 to 3 in overtime at Hertz Arena in Estero, Florida, to a record breaking 7,910 fans; Whereas the victory by the Everblades in the championship game-- (1) gives the Everblades the most East Coast Hockey League (``ECHL'') Championships in league history, earning their fourth Kelly Cup; (2) makes the Everblades the first team to three-peat the ECHL Championships; (3) marked the fourth time in 12 years that the Everblades claimed an ECHL Championship; and (4) was the Everblades seventh appearance in the Kelly Cup Finals, another new ECHL record; Whereas the Head Coach and General Manager of the Florida Everblades, Brad Ralph, has been an outstanding role model and steadfast leader to the Everblades players and the community, as well as becoming tied with ECHL Hall of Fame Coach, John Brophy, leading teams to 3 ECHL Championships and becoming the ECHL all-time leader for career postgame coached (153) and wins (95); Whereas Oliver Chau was named the 2024 Kelly Cup Playoffs Most Valuable Player after recording an impressive 9 goals and 23 points during the playoffs; Whereas Will Reilly assisted Matthew Wedman in scoring the game winning goal, just 3 minutes into overtime, after coming back being down 3 to 1 in the third period; Whereas Everblades players Cam Johnson and Joe Pendenza, and Head Coach Brad Ralph, join Jared Bednar, Scott Burt, Riley Gill, Louis Mass, Matt Register, and Patrick Wellar as individuals to have their name engraved on the Kelly Cup 3 times; Whereas the Florida Everblades displayed relentless tenacity, unwavering composure, and exceptional teamwork this ECHL season in achieving the highest honor in the league; and Whereas the Everblades have brought immense pride and honor to the State of Florida: Now, therefore, be it Resolved, That the House of Representatives-- (1) commends the Florida Everblades for winning the 2024 Patrick J. Kelly Cup; (2) recognizes the on-ice and off-ice achievements of the players, coaches, and staff of the Florida Everblades; and (3) respectfully requests that the House Clerk transmit an enrolled copy of this resolution to-- (A) the owner of the Florida Everblades, David Hoffmann; and (B) the Head Coach and General Manager of the Florida Everblades, Brad Ralph. <all>

usgpo

2024-06-24T00:12:41.124289

BILLS-118hconres113ih

Recognizing the life, achievements, and public service of former President George H.W. Bush on the occasion of his 100th birthday.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Con. Res. 113 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. CON. RES. 113 Recognizing the life, achievements, and public service of former President George H.W. Bush on the occasion of his 100th birthday. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 12, 2024 Mr. Pfluger (for himself, Ms. Granger, Mr. Sessions, Mr. Ellzey, Mr. Luttrell, Mr. Williams of Texas, Mr. Babin, Mr. Fallon, Mr. McCaul, Mr. Weber of Texas, Mrs. Fletcher, Mr. Crenshaw, Mr. Moran, Mr. Jackson of Texas, Ms. Van Duyne, Mr. Gooden of Texas, Mr. Burgess, Mr. Self, Mr. Arrington, Mr. Bacon, Mrs. Bice, Mr. Lawler, Mr. Fitzpatrick, Mr. Graves of Missouri, Mr. Donalds, Mr. Guthrie, and Mr. LaTurner) submitted the following concurrent resolution; which was referred to the Committee on Oversight and Accountability _______________________________________________________________________ CONCURRENT RESOLUTION Recognizing the life, achievements, and public service of former President George H.W. Bush on the occasion of his 100th birthday. Whereas, on June 12, 1924, George Herbert Walker Bush was born in Milton, Massachusetts; Whereas George H.W. Bush enlisted in the United States Navy as a naval aviator on his 18th birthday, eventually flying his first combat mission in May 1944, bombing Japanese-held Wake Island; Whereas George H.W. Bush was awarded the Distinguished Flying Cross for his role in Chichi Jima where he successfully bailed from his aircraft and evaded capture; Whereas George H.W. Bush retired from the Navy having flown 58 active missions, completed 128 career landings, and recorded 1228 hours of flight time; Whereas George H.W. Bush enrolled at Yale College, where he graduated in two and a half years; Whereas, in college, George H.W. Bush captained the Yale baseball team and played in the first two College World Series; Whereas George H.W. Bush married Barbara Pierce on January 6, 1945; Whereas George H.W. Bush had six children, George W., Robin, Jeb, Neil, Marvin, and Dorothy; Whereas, in June 1948, the young Bush family moved to West Texas, where one of Mr. Bush's companies, Zapata, eventually became the Pennzoil Corporation, while Zapata Off-shore Co. pioneered in offshore drilling with operations in the Gulf of Mexico, Brunei, Venezuela, the Sea of Japan, and the Persian Gulf; Whereas George H.W. Bush was elected as Chairman of the Harris County Republican Party in 1963; Whereas, in 1966, George H.W. Bush ran for the House of Representatives for Texas' 7th Congressional District, and won; Whereas George H.W. Bush was appointed as the United States Ambassador to the United Nations in 1970; Whereas George H.W. Bush was appointed as the Chair of the Republican National Committee in 1972; Whereas George H.W. Bush was confirmed as the Director of Central Intelligence in 1976; Whereas, at the 1980 Republican National Convention, Republican Presidential nominee Ronald Reagan selected George H.W. Bush as his Vice Presidential nominee; Whereas George H.W. Bush assumed the role of Vice President in 1981; Whereas the Reagan-Bush administration was reelected for a second term in 1984; Whereas, in 1988, George H.W. Bush became the Presidential nominee, with running mate Dan Quayle, Senator from Indiana; Whereas George H.W. Bush won the election with over 400 electoral votes, which remains the most recent election in which a candidate won over 400 electoral votes; Whereas, during President Bush's term in the Oval Office, a revolution of human liberty swept the globe, emancipating tens of millions of people and unleashing a series of transformative events; Whereas freedom prevailed in the Cold War as the Soviet Union imploded, the Berlin Wall ``fell'', and Germany united within the North Atlantic Treaty Organization following 45 years of postwar division, and from Eastern Europe to the Baltic states to Latin America to the former Soviet republics, many liberal democracies supplanted totalitarian regimes; Whereas President Bush worked with Soviet leader Mikhail Gorbachev and other key global figures to end the Cold War peacefully and usher in a new geopolitical era marked by political self-determination, the spread of market capitalism, and the opening of closed economies; Whereas, in August 1990, after Iraqi troops under dictator Saddam Hussein invaded neighboring Kuwait, President Bush forged a coalition of 32 countries to restore Kuwaiti sovereignty and uphold international law; Whereas, despite being the first sitting Vice President elected to the Presidency since Martin van Buren in 1837, and only the second United States President elected to serve a full term without party control in either chamber of Congress, President Bush signed into law the Americans with Disabilities Act, which, among other accomplishments, eliminated the barriers to employment, public accommodations, and transportation services for some 43,000,000 citizens with disabilities; Whereas George Bush also signed the Clean Air Act Amendments of 1990, which guided United States environmental policy for more than two decades; Whereas the education summit Mr. Bush hosted in 1989 with all 50 United States governors at the University of Virginia helped to spur a national reform movement, and the 1990 budget agreement he signed codified into law real caps on discretionary spending by Congress while cutting the deficit by historic levels; Whereas President Bush launched his ``Points of Light'' initiative to promote volunteerism and community service across the United States, and during his term in office named 1,020 Daily Points of Light hailing from all 50 States; Whereas the George H.W. Bush Presidential Library and Museum was built in 1997 on the campus of Texas A&M University; Whereas the Bush School of Government and Public Service was founded in 1997 on the campus of Texas A&M University; Whereas, after leaving the White House, President Bush chaired the Board of Visitors at the University of Texas M.D. Anderson Cancer Center from 2001 to 2003, and later with his wife, Barbara, Mr. Bush served as honorary cochair of C-Change, a collaborative group of key cancer leaders from the government, business, and nonprofit sectors who are committed to eliminate cancer as a major public health problem; Whereas, in 1997, the George Bush Intercontinental Airport in Houston was renamed in his honor; Whereas the USS George H.W. Bush, the tenth and final Nimitz-class supercarrier of the United States Navy, was commissioned in 2009; and Whereas, at the time of their passing in 2018, George H.W. and Barbara Bush had been married for 73 years and were survived by 5 children and their spouses, 17 grandchildren, and 8 great-grandchildren: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That Congress-- (1) honors the life, achievements, and distinguished public service of George Herbert Walker Bush; (2) recognizes George Herbert Walker Bush on the occasion of his 100th birthday and expresses thanks and commendations to him and his family; (3) acknowledges the positive impact George Herbert Walker Bush contributed to his country and the world through his decency and compassion; and (4) establishes the legacy of George Herbert Walker Bush as one of the great leaders and statesmen of the United States. <all>

usgpo

2024-06-24T00:12:41.183394

BILLS-118hres1296ih

Expressing support for the designation of June 12, 2024, as Women Veterans Appreciation Day.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1296 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1296 Expressing support for the designation of June 12, 2024, as ``Women Veterans Appreciation Day''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 12, 2024 Mrs. Kiggans of Virginia (for herself, Ms. Sherrill, and Ms. Houlahan) submitted the following resolution; which was referred to the Committee on Oversight and Accountability _______________________________________________________________________ RESOLUTION Expressing support for the designation of June 12, 2024, as ``Women Veterans Appreciation Day''. Whereas, throughout all periods of the history of the United States, women have proudly served the United States to secure and preserve freedom and liberty for-- (1) the people of the United States; and (2) the allies of the United States; Whereas women have formally been a part of the United States Armed Forces since the establishment of the Army Nurse Corps in 1901, but have informally served since the inception of the United States military; Whereas women have served honorably and with valor, including-- (1) disguised as male soldiers during the American Revolution and the Civil War; (2) as nurses during World War I and World War II; and (3) in combat roles in the Persian Gulf, Iraq, and Afghanistan. Whereas, as of October 2021, women constitute 17 percent of United States Armed Forces personnel on active duty, including-- (1) 21 percent of active duty personnel in the Air Force; (2) 21 percent of active duty personnel in the Navy; (3) 16 percent of active duty personnel in the Army; (4) 9 percent of active duty personnel in the Marine Corps; (5) 20 percent of active duty personnel in the Space Force; and (6) 15 percent of active duty personnel in the Coast Guard. Whereas, as of October 2021, women constitute nearly 21 percent of personnel in the National Guard and Reserves; Whereas as of 2021-- (1) the population of women veterans exceeded 2,000,000, which represents an exponential increase from 713,000 women veterans in 1980; and (2) women veterans constitute approximately 10 percent of the total veteran population; Whereas women are the fastest growing group in the veteran population; Whereas an estimated one in three women veterans enrolled in the VA Healthcare System report having experienced Military Sexual Trauma (MST) during military service; Whereas the United States is proud of and appreciates the service of all women veterans who have demonstrated great skill, sacrifice, and commitment to defending the principles upon which the United States was founded and which the United States continues to uphold; Whereas women veterans have unique stories and should be encouraged to share their recollections through the Veterans History Project, which has worked since 2000 to collect and share the personal accounts of wartime veterans in the United States; Whereas, on June 12, 1948, all women were, for the first, time, authorized by statute to serve as permanent, regular members of the Armed Forces with the signing of the Women's Armed Services Integration Act by President Truman; and Whereas, by designating June 12, 2024, as ``Women Veterans Appreciation Day'', the House of Representatives can-- (1) highlight the growing presence of women in the Armed Forces and the National Guard; and (2) pay respect to women veterans for their dutiful military service: Now, therefore, be it Resolved, That the House of Representatives expresses support for the designation of ``Women Veterans Appreciation Day'' to recognize the service and sacrifices of women veterans who have served valiantly on behalf of the United States. <all>

usgpo

2024-06-24T00:12:41.322495

BILLS-118hr8330ih

Stop Nurse Shortages Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8330 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8330 To amend the Public Health Service Act to increase access to accelerated nursing degree programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Ms. Stevens (for herself and Mr. Joyce of Ohio) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to increase access to accelerated nursing degree programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Nurse Shortages Act''. SEC. 2. ACCELERATED NURSING DEGREE PROGRAM. (a) In General.--Section 831(a) of the Public Health Service Act (42 U.S.C. 296p(a)) is amended-- (1) in paragraph (1), by striking ``or'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(3) creating, expanding, or supporting an accelerated nursing degree program at a school of nursing (including by hiring and retaining faculty and preceptors, increasing the number of clinical training sites, and offering student financial assistance) to increase the number of graduating nurses, including graduates who are from disadvantaged backgrounds (including racial and ethnic minorities underrepresented among registered nurses and advanced practice registered nurses).''. (b) Authorization of Appropriations.--Section 871 of the Public Health Service Act (42 U.S.C. 298d) is amended by adding at the end the following: ``(c) Accelerated Nursing Degree Programs.--In addition to amounts made available under paragraph (1), for the purpose of carrying out section 831(a)(3), there are authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2028.''. (c) Report to Congress.--Not later than 4 years after the date on which the first grant or contract is made under paragraph (3) of section 831(a) of the Public Health Service Act (42 U.S.C. 296p(a)), as added by subsection (a), the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on-- (1) the number of nursing students, disaggregated by grantee, who enrolled at institutions receiving grants under such paragraph (3); (2) the number of nursing students who graduated from such institutions; and (3) the number of accelerated nursing degree programs established by such grants. <all>

usgpo

2024-06-24T00:12:41.433912

BILLS-118s3984es

Countering Threats and Attacks on Our Judges Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 3984 Engrossed in Senate (ES)] <DOC> 118th CONGRESS 2d Session S. 3984 _______________________________________________________________________ AN ACT To amend the State Justice Institute Act of 1984 to authorize the State Justice Institute to provide awards to certain organizations to establish a State judicial threat intelligence and resource center. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Countering Threats and Attacks on Our Judges Act''. SEC. 2. DEFINITIONS. Section 202 of the State Justice Institute Act of 1984 (42 U.S.C. 10701) is amended-- (1) in paragraph (7), by striking ``and'' at the end; (2) in paragraph (8), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(9) `eligible organization' means a national nonprofit organization that-- ``(A) provides technical assistance and training on, and has expertise and national-level experience in, judicial security and safety at the State and local levels; ``(B) has experience in courthouse design and courthouse security design standards; ``(C) has an understanding of State judicial operations and public access to judicial services; and ``(D) has experience working with a wide array of different judges and court systems, including an understanding of the challenges facing trial courts, appellate courts, rural courts, and limited- jurisdiction courts at the State and local levels.''. SEC. 3. ESTABLISHMENT OF STATE JUDICIAL THREAT INTELLIGENCE AND RESOURCE CENTER. Section 206(c) of the State Justice Institute Act of 1984 (42 U.S.C. 10705(c)) is amended-- (1) in paragraph (14), by striking ``and'' at the end; (2) by redesignating paragraph (15) as paragraph (16); and (3) by inserting after paragraph (14) the following: ``(15) to provide financial and technical support to eligible organizations to establish, implement, and operate a State judicial threat and intelligence resource center to-- ``(A) provide technical assistance and training around judicial security, including-- ``(i) providing judicial officer safety education and training for judicial officers, courts, and local law enforcement; ``(ii) creating resources and guides around judicial security; and ``(iii) providing physical security assessments for courts, homes, and other facilities where judicial officers and staff conduct court-related business; ``(B) proactively monitor threats to the safety of State and local judges and court staff; ``(C) coordinate with Federal, State, and local law enforcement agencies to mitigate threats to the safety of State and local judges and court staff; ``(D) develop standardized incident reporting and threat evaluation practices for State and local courts in coordination with State and local law enforcement and fusion centers; ``(E) develop a national database for reporting, tracking, and sharing information about threats and incidents towards judicial officers and court staff at local and State levels with entities working in the interest of judicial security, including State and local law enforcement and fusion centers; and ``(F) coordinate research to identify, examine, and advance best practices around judicial security.''. SEC. 4. REPORTS. Not later than 1 year after the date on which a State judicial threat intelligence and resource center is established under paragraph (15) of section 206(c) of the State Justice Institute Act of 1984, as added by section 3 of this Act, the State Justice Institute shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report on the number of threats to State and local judiciary members and court staff, with breakdown of types of threats and level of seriousness. Passed the Senate June 12, 2024. Attest: Secretary. 118th CONGRESS 2d Session S. 3984 _______________________________________________________________________ AN ACT To amend the State Justice Institute Act of 1984 to authorize the State Justice Institute to provide awards to certain organizations to establish a State judicial threat intelligence and resource center.

usgpo

2024-06-24T00:12:41.445127

BILLS-118s4290is

Antitrust Freedom Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4290 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4290 To permit voluntary economic activity. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To permit voluntary economic activity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Freedom Act of 2024''. SEC. 2. VOLUNTARY ECONOMIC COORDINATION BY INDIVIDUALS. The Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), and section 5 of the Federal Trade Commission Act (15 U.S.C. 45) shall not be construed to prohibit, ban, or otherwise extend to any voluntary economic coordination, cooperation, agreement, or other association, compact, contract, or covenant entered into by or between any individual or group of individuals. <all>

usgpo

2024-06-24T00:12:41.497174

BILLS-118s4289is

Medical Debt Cancellation Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4289 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4289 To cancel existing medical debt, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Sanders (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To cancel existing medical debt, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Debt Cancellation Act''. SEC. 2. GRANTS TO CANCEL MEDICAL DEBT OWED BY PATIENTS. Section 2799B-10 of the Public Health Service Act, as added by section 3, is amended by adding at the end the following: ``(e) Grants To Cancel Medical Debt Owed by Patients.-- ``(1) In general.--The Secretary shall establish a grant program under which the Secretary, beginning not later than 1 year after the date of enactment of the Medical Debt Cancellation Act, awards grants on a competitive basis to hospitals in the United States in order to eliminate all eligible medical debt owed by residents of the United States to such hospitals. ``(2) Eligibility.--To be eligible to receive a grant under this subsection, a hospital shall-- ``(A) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require; and ``(B) agree to submit to the Secretary such reports regarding the use of grant funds as the Secretary may require. ``(3) Prioritization.--In awarding grants under this subsection, the Secretary shall-- ``(A) prioritize awards to hospitals that-- ``(i) are safety net hospitals; and ``(ii) agree to cancel, at a minimum, all medical debt that is-- ``(I) 15 months old or less; ``(II) owed by low-income and vulnerable patient populations; and ``(III) attributable to emergency and non-elective care; and ``(B) ensure that awards are distributed to hospitals across diverse geographical areas of the United States. ``(4) Supplement, not supplant.--Grants awarded to a hospital under this subsection shall be used to supplement, and not supplant, other sources of funding and investments made by the hospital for the purposes of providing financial assistance to patients. ``(5) Expansion of medical debt cancellation.--Not later than 2 years after the date of enactment of the Medical Debt Cancellation Act, the Secretary shall expand the program under this subsection to allow providers and health care facilities other than hospitals, and individuals, to receive medical debt cancellation. ``(6) Guidance.--Not later than 1 year after the date of enactment of the Medical Debt Cancellation Act, the Secretary shall instruct Federal health care programs to eliminate medical debt collections. ``(7) Consultation.--In carrying out this subsection, the Secretary shall consult with relevant Federal agencies, departments, and health programs, patient advocates, community- based organizations with experience in medical debt cancellation, providers, and other key stakeholders. ``(8) Reporting.--Beginning 2 years after the date of enactment of the Medical Debt Cancellation Act, and annually thereafter until the date on which the program under this subsection sunsets pursuant to paragraph (10), the Secretary shall submit to relevant congressional committees a progress report on the implementation, administration, and impact of the program under this subsection. ``(9) Definitions.--In this subsection-- ``(A) the term `eligible medical debt'-- ``(i) means the out-of-pocket unpaid amount owed by a resident of the United States for items or services furnished to such individual by a hospital, provided that-- ``(I) such medical debt is in compliance with applicable Federal laws and regulations, including-- ``(aa) the medical billing requirements of subsection (a); ``(bb) the medical debt collection requirements of subsection (b); and ``(cc) the contracting limitation under subsection (c); ``(II) such medical debt is with respect to items and services furnished to an individual on or before the date of enactment of the Medical Debt Cancellation Act; and ``(III) any dispute resolution process under section 2799B-7 is complete; and ``(ii) excludes-- ``(I) any amount paid or payable by any Federal health care program; and ``(II) with respect to items and services furnished to an individual by the hospital, any amount that is in excess of the sum of the amount reimbursable by a Federal health care program or other payer and copayment amounts under such a program or other health insurance plan with respect to such items and services. ``(B) the term `Federal health care program' has the meaning given such term in section 1128B(f) of the Social Security Act. ``(10) Sunset.--The authorities under this subsection shall sunset on the date the Secretary certifies all eligible medical debt in the United States has been canceled under this subsection.''. SEC. 3. REQUIREMENTS FOR MEDICAL BILLING PRACTICES AND MEDICAL DEBT COLLECTION; MEDICAL PAYMENT ASSISTANCE. (a) In General.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 2799B-10. REQUIREMENTS FOR MEDICAL BILLING AND MEDICAL DEBT COLLECTION; MEDICAL PAYMENT ASSISTANCE RESOURCE. ``(a) Medical Billing Requirements.--In the case of a health care provider or facility that furnishes items or services to an individual, such provider or facility shall, not later than 45 days before the date on which payment for such items or services is due-- ``(1)(A) determine whether such individual is eligible for assistance with respect to such payment pursuant to the charity care or financial assistance policy of such provider or facility; and ``(B) if such individual is eligible for such assistance, provide information to such individual regarding such assistance; and ``(2) on or after the date on which the medical payment assistance resource list under subsection (d)(1) is made available, provide such individual with such list. ``(b) Medical Debt Collection Requirements.-- ``(1) In general.--In the case of a health care provider or facility that furnishes items or services to an individual, if payment for such items or services is past due, such provider or facility shall-- ``(A) not later than 30 days after the date on which the payment was due, provide to such individual a statement (in clear and understandable language) that includes-- ``(i) subject to paragraph (2)(A), the total amount of the payment that remains due; ``(ii) a description of the attempts made by such provider or facility to determine whether such individual is eligible for assistance (as described in subsection (a)(1)) with respect to the payment; and ``(iii) in each of the 15 most commonly language (other than English), as determined by the Secretary, information about language- assistance services related to the payment that are available to individuals with limited English proficiency; and ``(B) not later than 30 days after a payment related to such items or services is made, provide to such individual a detailed receipt of such payment and a statement of the amount that remains due, if applicable. ``(2) Limitations on medical debt amounts.-- ``(A) Uninsured individuals.--In the case of items or services furnished to an uninsured individual by an organization that is described in section 501(r)(2) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(c)(3) of such Code, such organization may not collect payment from such individual with respect to such items or services in an amount greater than the amounts generally billed (within the meaning of section 501(r) of such Code). ``(B) Interest rate.--A health care provider or facility may not collect interest on past-due payments for items or services furnished to an individual. ``(c) Limitation on Contracting for Purposes of Medical Billing and Medical Debt Collection.--A health care provider or facility may not enter into a contract with an entity for purposes of collecting payment with respect to items or services furnished by such provider or facility unless such entity agrees to comply with the requirements described in subsections (a) and (b) for such provider or facility with respect to such payment. ``(d) Medical Payment Assistance Resource List.-- ``(1) In general.--Not later than 1 year after the date of the enactment of the Medical Debt Cancellation Act, the Secretary shall make publicly available on the website of the Department of Health and Human Services a comprehensive list of Federal, State, and local programs that provide financial assistance with respect to payment for items or services furnished by a health care provider or facility. ``(2) Updates.--The Secretary shall update the list described in paragraph (1) not less frequently than annually.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. (c) Coordination and Consultation.--In carrying out this section, the Secretary of Health and Human Services shall-- (1) coordinate with relevant Federal departments and agencies, including the Consumer Financial Protection Bureau and the Department of the Treasury; and (2) consult with relevant stakeholders including patient advocates, community-based organizations with experience in medical debt cancellation, and health care providers. SEC. 4. MEDICAL DEBT COLLECTION. (a) Collection of Medical Debt.-- (1) In general.--The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended by inserting after section 818 (15 U.S.C. 1692p) the following: ``Sec. 818A. Collection of medical debt ``(a) In General.--No debt collector or creditor may collect or attempt to collect debt that arose from the receipt of medical services, products, or devices if such debt was incurred by a consumer before the date of enactment of this section. ``(b) Private Right of Action.--Any consumer who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the debt collector or creditor that violated subsection (a) for-- ``(1) compensatory damages, including for economic losses and for emotional harm; ``(2) punitive damages; and ``(3) reasonable attorney's fees and costs of the action to a prevailing plaintiff.''. (b) Technical and Conforming Amendment.--The table of sections for the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended by inserting after the item relating to section 818 the following: ``818A. Collection of medical debt.''. SEC. 5. MEDICAL DEBT REPORTING. (a) In General.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following: ``(9) Any information related to debt that arose from the receipt of medical services, products, or devices accrued by a consumer.''. (b) Notice Requirements.--Each credit reporting agency that removes information from the consumer report of a consumer to comply with section 605(a)(9) of the Fair Credit Reporting Act, as added by subsection (a) of this section, shall notify the consumer of the removal. (c) Effective Date.--The amendment made by this section shall take effect on the date that is 30 days after the date of enactment of this section. <all>

usgpo

2024-06-24T00:12:41.635762

BILLS-118hconres27eh

Condemning Russia’s unjust and arbitrary detention of Russian opposition leader Vladimir Kara-Murza who has stood up in defense of democracy, the rule of law, and free and fair elections in Russia.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Con. Res. 27 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. CON. RES. 27 _______________________________________________________________________ CONCURRENT RESOLUTION Whereas, on April 11, 2022, Vladimir Kara-Murza was unjustly detained by Russian authorities for spreading supposedly ``false information'' in a speech in March 2022 to the Arizona House of Representatives; Whereas Mr. Kara-Murza in his March 15, 2022, speech presented a defiant condemnation of Vladimir Putin's policies and leadership outlining his corruption and malign intentions, and condemning the illegal war of aggression Putin has unleashed against Ukraine; Whereas, prior to his arrest in April 2022, Mr. Kara-Murza was poisoned twice by agents of the Russian Government and the Russian Federation in 2015 and 2017 with a military-grade agent banned internationally, likely in retaliation for his defiant stance in support of rule of law and democracy in Russia; Whereas, despite having survived two assassination attempts and the subsequent side effects of these poisonings, Mr. Kara-Murza regularly returned to Russia to advocate for democratic representation in Russia; Whereas Mr. Kara-Murza has consistently advocated for democracy in Russia and insisted that democracy in Russia must be advanced by Russians for all those living in Russia; Whereas, in August 2022, new charges were brought against Mr. Kara-Murza for ``carrying out the activities'' of an ``undesirable foreign organization'' and his arrest was extended for his work as a leading member of Russian civil society; Whereas, in October 2022, Mr. Kara-Murza was further charged unjustly with ``high treason'' in part due to his public condemnations of the Kremlin's military aggression on Ukraine and domestic repressions; Whereas, in April 2023, Mr. Kara-Murza was unjustly sentenced to 25 years in prison; Whereas the state of Mr. Kara-Murza's health has deteriorated and in addition to losing over 45 pounds, he was diagnosed with polyneuropathy, a condition that under Russian law should have precluded him from detainment; Whereas, as a result of his diagnosis, he has lost feeling in both his feet and has experienced symptoms similar to those he experienced following his 2015 poisoning due to peripheral nerve damage; Whereas section 5599F of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263) condemned Mr. Kara-Murza's unjust detention, expressed solidarity with Mr. Kara-Murza, his family, and all individuals imprisoned in Russia for their beliefs, and urged the United States and other ally governments to work to secure the release of Mr. Kara-Murza and other citizens of the Russian Federation imprisoned for opposition to Vladimir Putin's regime and his illegal war in Ukraine; Whereas, in April 2022, Vladimir Kara-Murza was presented the McCain Institute's Courage and Leadership Award for his unwavering commitment to fundamental values and his acts of selfless courage which have inspired the world; Whereas, in October 2022, Mr. Kara-Murza was awarded the Vaclav Havel Prize honoring outstanding civil society action in defense of human rights; Whereas the late Senator John McCain said Mr. Kara-Murza ``is a brave, outspoken, and relentless advocate for freedom and democracy in Russia'' and introduced Mr. Kara-Murza as ``a personal hero whose courage, selflessness, and idealism I find awe-inspiring''; Whereas, in March 2023, the Department of the Treasury and the Department of State imposed Global Magnitsky and other targeted sanctions on six Russians involved in Mr. Kara-Murza's ongoing arbitrary detention, recognized his role as ``a major advocate for the adoption of Magnitsky- style sanctions authorities by the United States, Canada, European Union, and United Kingdom to target human rights abusers and corrupt actors in Russia'', and called for his immediate release; and Whereas Mr. Kara-Murza remains a political prisoner and a victim of Vladimir Putin's authoritarian state: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That Congress-- (1) condemns in the strongest possible terms the unjust and arbitrary detention of Russian democratic opposition leader Vladimir Kara-Murza; (2) calls on the Russian Federation to immediately release Mr. Kara-Murza and all other Russian opposition leaders who are detained as a result of their opposition to the Putin regime; (3) calls on all Russian citizens to outright condemn Russia's illegal and unjust invasion of Ukraine in the spirit of Mr. Kara-Murza's defiant opposition stance in front of the Arizona House of Representatives in March 2022; (4) expresses solidarity and calls for the release of all political prisoners in Russia and Belarus, including Ukrainian citizens illegally held as prisoners by Putin's regime in violation of the rule of law as a result of their support for liberal democratic values, Radio Free Europe/Radio Liberty journalist Alsu Kurmasheva, and wrongfully-detained Americans Paul Whelan and Evan Gershkovich; (5) calls on the United States Government to designate Mr. Kara-Murza, as well as Radio Free Europe/Radio Liberty journalist Alsu Kurmasheva, as wrongfully detained under the Levinson Act; and (6) calls on the President of the United States and leaders from across the free world to work tirelessly for the release of political prisoners in Russia and increase support for those advocating for democracy in Russia as well as independent media and civil society which Mr. Kara-Murza has worked to further. Passed the House of Representatives June 11, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. CON. RES. 27 _______________________________________________________________________ CONCURRENT RESOLUTION Condemning Russia's unjust and arbitrary detention of Russian opposition leader Vladimir Kara-Murza who has stood up in defense of democracy, the rule of law, and free and fair elections in Russia.

usgpo

2024-06-24T00:12:41.859833

BILLS-118s4279is

Coordinating AUKUS Engagement with Japan Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4279 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4279 To require the Department of State and the Department of Defense to engage with the Government of Japan regarding areas of cooperation within the Pillar Two framework of the AUKUS partnership, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Romney (for himself, Mr. Kaine, Mr. Risch, and Mr. Hagerty) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To require the Department of State and the Department of Defense to engage with the Government of Japan regarding areas of cooperation within the Pillar Two framework of the AUKUS partnership, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinating AUKUS Engagement with Japan Act of 2024''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (2) AUKUS official.--The term ``AUKUS official'' means a government official with responsibilities related to the implementation of the AUKUS partnership. (3) AUKUS partnership.--The term ``AUKUS partnership'' has the meaning given that term in section 1321 of the National Defense Authorization Act of Fiscal Year 2024 (22 U.S.C. 10401). (4) Commerce control list.--The term ``Commerce Control List'' means the list maintained pursuant to part 774 of title 15, Code of Federal Regulations (or successor regulations). (5) State aukus coordinator.--The term ``State AUKUS Coordinator'' means the senior advisor at the Department of State designated under section 1331(a)(1) of the National Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 10411(a)(1)). (6) Defense aukus coordinator.--The term ``Defense AUKUS Coordinator'' means the senior civilian official of the Department of Defense designated under section 1332(a) of the National Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 10412(a)). (7) Pillar two.--The term ``Pillar Two'' has the meaning given that term in section 1321(2)(B) of the National Defense Authorization Act of Fiscal Year 2024 (22 U.S.C. 10401(2)(B)). (8) United states munitions list.--The term ``United States Munitions List'' means the list set forth in part 121 of title 22, Code of Federal Regulations (or successor regulations). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to strengthen relationships and cooperation with allies in order to effectively counter the People's Republic of China; (2) the United States should capitalize on the technological advancements allies have made in order to deliver more advanced capabilities at speed and at scale to the United States military and the militaries of partner countries; (3) the historic announcement of the AUKUS partnership laid out a vision for future defense cooperation in the Indo-Pacific among Australia, the United Kingdom, and the United States; (4) Pillar Two of the AUKUS partnership envisions cooperation on advanced technologies, including hypersonic capabilities, electronic warfare capabilities, cyber capabilities, quantum technologies, undersea capabilities, and space capabilities; (5) trusted partners of the United States, the United Kingdom, and Australia, such as Japan, could benefit from and offer significant contributions to a range of projects related to Pillar Two of the AUKUS partnership; (6) Japan is a treaty ally of the United States and a technologically advanced country with the world's third-largest economy; (7) in 2022, Australia signed a Reciprocal Access Agreement with Japan to facilitate reciprocal access and cooperation between the Self-Defense Forces of Japan and the Australian Defence Force; (8) in 2023, the United Kingdom signed a Reciprocal Access Agreement with Japan to facilitate reciprocal access and cooperation between the Self-Defense Forces of Japan and the Armed Forces of the United Kingdom of Great Britain and Northern Ireland; (9) in 2014, Japan relaxed its post-war constraints on the export of non-lethal defense equipment, and in March 2024, Japan further refined that policy to allow for the export of weapons to countries with which it has an agreement in place on defense equipment and technology transfers; (10) in 2013, Japan passed a secrecy law obligating government officials to protect diplomatic and defense information, and in February 2024, the Cabinet approved a bill creating a new security clearance system covering economic secrets; and (11) in April 2024, the United States, Australia, and the United Kingdom announced they would consider cooperating with Japan on advanced capability projects under Pillar Two of the AUKUS partnership. SEC. 4. ENGAGEMENT WITH JAPAN ON AUKUS PILLAR TWO COOPERATION. (a) Engagement Required.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the State AUKUS Coordinator and the Defense AUKUS Coordinator shall jointly engage directly, at a technical level, with the relevant stakeholders in the Government of Japan-- (A) to better understand the export control system of Japan and the effects of the reforms the Government of Japan has made to that system since 2014; (B) to determine overlapping areas of interest and the potential for cooperation with Australia, the United Kingdom, and the United States on projects related to the AUKUS partnership and other projects; (C) to identify areas in which the Government of Japan might need to adjust the export control system of Japan in order to guard against export control violations or other related issues in order to be a successful potential partner in Pillar Two of the AUKUS partnership; and (D) to assess the Government of Japan's implementation and enforcement of export controls on sensitive technologies with respect to the People's Republic of China, including the implementation of export controls on semiconductor manufacturing equipment. (2) Consultation with aukus officials.--In carrying out the engagement required by paragraph (1), the State AUKUS Coordinator and the Defense AUKUS Coordinator shall consult with relevant AUKUS officials from the United Kingdom and Australia. (b) Briefing Requirement.--Not later than 30 days after the date of the engagement required by subsection (a), the State AUKUS Coordinator and the Defense AUKUS Coordinator shall jointly brief the appropriate congressional committees on the following: (1) The findings of that engagement. (2) A strategy for follow-on engagement. SEC. 5. ASSESSMENT OF POTENTIAL FOR COOPERATION WITH JAPAN ON AUKUS PILLAR TWO. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, with the concurrence of the Secretary of Defense, shall submit to the appropriate congressional committees a report assessing the potential for cooperation with Japan on Pillar Two of the AUKUS partnership, detailing the following: (1) Projects the Government of Japan is engaged in related to the development of advanced defense capabilities under Pillar Two of the AUKUS partnership. (2) The average and median length of time it takes to approve licenses to export products on the United States Munitions List and the Commerce Control List to Japan. (3) Areas of potential cooperation with Japan on advanced defense capabilities within and outside the scope of Pillar Two of the AUKUS partnership. (4) The Secretaries' assessment of the current export control system of Japan, including-- (A) the procedures under that system for protecting classified and sensitive defense, diplomatic, and economic information; (B) the effectiveness of that system in protecting such information; and (C) such other matters as the Secretaries consider appropriate. (5) Any reforms by Japan that the Secretary of State considers necessary before considering including Japan in the privileges provided under Pillar Two of the AUKUS partnership. (6) Any recommendations regarding the scope and conditions of potential cooperation with Japan under Pillar Two of the AUKUS partnership. (7) A strategy and forum for communicating the potential benefits of and requirements for engaging in projects related to Pillar Two of the AUKUS partnership with the Government of Japan. (8) Any views provided by AUKUS officials from the United Kingdom and Australia on issues relevant to the report, and a plan for cooperation with such officials on future engagement with the Government of Japan related to Pillar Two of the AUKUS partnership. <all>

usgpo

2024-06-24T00:12:41.890849

BILLS-118s4276is

Accelerating Access to Dementia and Alzheimer’s Provider Training Act; AADAPT Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4276 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4276 To amend the Public Health Service Act to reauthorize the Project ECHO Grant Program, to establish grants under such program to disseminate knowledge and build capacity to address Alzheimer's disease and other dementias, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Ms. Klobuchar (for herself and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Public Health Service Act to reauthorize the Project ECHO Grant Program, to establish grants under such program to disseminate knowledge and build capacity to address Alzheimer's disease and other dementias, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Access to Dementia and Alzheimer's Provider Training Act'' or the ``AADAPT Act''. SEC. 2. REAUTHORIZATION OF PROJECT ECHO GRANT PROGRAM; PROJECT ECHO GRANTS FOR ALZHEIMER'S DISEASE AND RELATED DEMENTIA CARE. (a) Definitions.--Section 330N(a)(1) of the Public Health Service Act (42 U.S.C. 254c-20(a)(1)) is amended to read as follows: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) in the case of a grant under subsection (b)(1), an entity that provides, or supports the provision of, health care services in rural areas, frontier areas, health professional shortage areas, or medically underserved areas, or to medically underserved populations or Native Americans, including Indian Tribes, Tribal organizations, and urban Indian organizations, and which may include entities leading, or capable of leading, a technology-enabled collaborative learning and capacity building model or engaging in technology-enabled collaborative training of participants in such model; and ``(B) in the case of a grant under subsection (b)(2), a public or nonprofit private entity that is leading, or is capable of leading, a model described in subsection (b)(2)(A) for Alzheimer's disease and related dementias.''. (b) Grants.--Section 330N(b) of the Public Health Service Act (42 U.S.C. 254c-20(b)) is amended-- (1) by striking ``Established.--The Secretary'' and inserting ``Established.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) Project echo grants for alzheimer's disease and related dementia care.-- ``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall award 1 or more grants to eligible entities to evaluate, develop, and, as appropriate, expand the use of technology-enabled collaborative learning and capacity building models for eligible health care professionals to improve retention of health care providers and to increase access to early and accurate diagnosis of Alzheimer's disease and related dementias and quality dementia care. ``(B) Eligible health care professional defined.-- In this paragraph, the term `eligible health care professional' means a health care professional who-- ``(i) provides primary care services, including such services provided-- ``(I) in rural areas, frontier areas, health professional shortage areas, or medically underserved areas; or ``(II) to medically underserved populations or Native Americans; and ``(ii) is licensed, registered, or certified in accordance with applicable law regarding the provision of such services.''. (c) Supplement Not Supplant.--Section 330N(f) of the Public Health Service Act (42 U.S.C. 254c-20(f)) is amended to read as follows: ``(f) Application.--An eligible entity that seeks to receive a grant under subsection (b) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(1) plans to assess the effect of technology-enabled collaborative learning and capacity building models on patient outcomes and health care providers; and ``(2) in the case of an application submitted for a grant under subsection (b)(2), assurances that funds received under such grant shall supplement and not supplant funds received from any other source.''. (d) Reports.-- (1) By eligible entities.--Section 330N(e) of the Public Health Service Act (42 U.S.C. 254c-20(e)) is amended-- (A) in the first sentence-- (i) by striking ``this section'' and inserting ``subsection (b)(1), and shall require entities awarded a grant under subsection (b)(2),''; and (ii) by striking ``subsection (b).'' and inserting ``subsection (b)(1).''; and (B) by inserting after the first sentence the following: ``Each entity awarded a grant under subsection (b)(2) shall submit to the Advisory Council on Alzheimer's Research, Care, and Services a report containing such collected information.''. (2) By secretary.--Section 330N(j) of the Public Health Service Act (42 U.S.C. 254c-20(j)) is amended-- (A) in paragraph (2), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (C) by striking ``Not later than 4 years after'' and inserting the following: ``(1) In general.--Not later than 4 years after''; and (D) by adding at the end the following: ``(2) Update to report.--Not later than 4 years after the date of enactment of subsection (b)(2), the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and post on the internet website of the Department of Health and Human Services, an updated version of the report described in paragraph (1).''. (e) Authorization of Appropriations.--Section 330N(k) of the Public Health Service Act (42 U.S.C. 254c-20(k)) is amended to read as follows: ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) other than with respect to grants under subsection (b)(2), $10,000,000 for each of fiscal years 2022 through 2031; and ``(2) with respect to grants under subsection (b)(2), $1,000,000 for each of fiscal years 2026 through 2031.''. <all>

usgpo

2024-06-24T00:12:41.907951

BILLS-118hr537eh

Forgotten Heroes of the Holocaust Congressional Gold Medal Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 537 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 537 _______________________________________________________________________ AN ACT To award a Congressional Gold Medal to 60 diplomats, in recognition of their bravery and heroism during the Holocaust. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Forgotten Heroes of the Holocaust Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The following diplomats will be honored posthumously: Per Anger (Sweden), Jose Maria Barreto (Peru), Lars Berg (Sweden), Philippe Bernardini (Vatican / Italy), Hiram (Harry) Bingham IV (United States), Friedrich Born (Switzerland), Manuel Antonio Munoz Borrero (Ecuador), Carlos de Liz-Texeira Branquinho (Portugal), Eduardo Propper de Callejon (Spain), Samuel del Campo (Chile), Aracy Moebius Carvalho de Guimaraes Rosa (Brazil), Jose Arturo Castellanos (El Salvador), Carl Ivan Danielsson (Sweden), Luis Martins de Souza Dantas (Brazil), Georg Ferdinand Duckwitz (Germany), Harald Feller (Switzerland), Francis (Frank) Foley (United Kingdom), Jean- Edouard Friedrich (Switzerland), Carlos Almeida Afonseca de Sampaio Garrido (Portugal), Raymond Herman Geist (United States), Feng-Shan Ho (China), Constantin Karadja (Romania), Alexander Kasser (Sandor Kasza) (Sweden / Hungary), Elow Kihlgren (Sweden), Joseph Willem (Joop) Kolkman (Netherlands), Julius Kuhl (Switzerland), Aleksander 4ados (Poland), Valdemar Langlet (Sweden), Charles (Carl) Lutz (Switzerland), George Mandel-Mantello (El Salvador), Florian Manoliu (Romania), Aristides de Sousa Mendes (Portugal), Salomon Jacob (Sally) Noach (Netherlands), Giorgio (Jorge) Perlasca (Spain / Italy), Ernst Prodolliet (Switzerland), Franjo Puncuch (Yugoslavia / Slovenia), Sebastian de Romero Radigales (Spain), Konstanty Rokicki (Poland), Angelo Giuseppe Roncalli (Vatican / Italy), Angelo Rotta (Vatican / Italy), Albert Emile Routier (Turkey), Stefan Ryniewicz (Poland), Gilberto Bosques Saldivar (Mexico), Jose Ruiz Santaella (Spain), Angel Sanz-Briz (Spain), Abdol- Hossein Sardari (Iran), Henryk Slawik (Poland), Robert Smallbones (United Kingdom), Jan Spisiak (Slovakia), Chiune (Sempo) Sugihara (Japan), Ireanaeus Typaldos (Spain), Alexander (Sandor) Ujvary (Vatican / Hungary), Selahattin Ulkumen (Turkey), Gennaro Verolino (Vatican / Italy), Vladimir Vochoc (Czech Republic), Ernst Vonrufs (Switzerland), Raoul Wallenberg (Sweden), Guelfo Zamboni (Italy), Peter Zurcher (Switzerland), and Jan Zwartendijk (Holland). (2) On September 1, 1939, Adolf Hitler and the Nazis began their invasion of Europe, which started World War II and threw the world into chaos. The Nazi plan of mass murder of the Jewish population was in full motion. As battles were being fought between countries, Jews were being rounded up and sent to concentration camps throughout Europe. This process began a mass exodus of people out of Europe, especially those in the Jewish community. (3) During the war, members of the Jewish community used every tool and means at their disposal to flee Nazi tyranny. Thousands tried to flee on trains or boats to escape from Europe. (4) While the armies of countries were fighting each other, a handful of diplomats, from around the world, stepped forward and took heroic actions to save Jews fleeing Europe. This was an incredibly dangerous process. If the Nazis discovered the actions of these diplomats they would be expelled, as a few of them were. Also, while worrying about the Nazis, diplomats had to worry about their careers and livelihoods back home. Many of them had strict orders from their home countries to not aid the Jewish population in any way. (5) These diplomats used every means at their disposal to help Jews fleeing persecution. One of the most powerful tools the diplomats had to use was the issuing of passports and travel visas contrary to the instruction of the governments of the diplomats. This process alone is responsible for saving hundreds of thousands of Jewish families in Europe. This was not the only tool used as many of the diplomats were connected with the local populations and were great communicators for Jews trying to travel underground. They were able set up safehouses and getaways to hide Jews and especially Jewish children from Nazi authorities. In the most dangerous of times, several of these diplomats confronted the Nazis directly on behalf of the Jews and personally put themselves in grave danger. (6) Every diplomat knew the dangers and knew what they were up against, and still pushed forward to save those in the most danger. (7) The Congressional Gold Medal authorized under this Act will help remind humanity that when the diplomats were faced with terrible crises, they went beyond the fold, including risking their careers and the lives of themselves and their families, to engage in this humanitarian mission. The diplomats of today and future generations can look towards these heroes and be inspired by their lives of heroism and sacrifice. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a single gold medal of appropriate design in honor of the 60 diplomats identified in section 2(1), in recognition of their brave and vital service of saving Jews during World War II. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Presentation of Medal.--The single gold medal presented under subsection (a) shall be presented collectively to the eldest next of kin of each of the 60 diplomats identified in section 2(1), who shall receive the medal as part of a delegation consisting of a senior official representative of the country that each diplomat served and the cochairs of the Forgotten Heroes of the Holocaust Committee. (d) United States Holocaust Memorial Museum.-- (1) In general.--Following the award of the gold medal in honor of the 60 diplomats identified in section 2(1), the gold medal shall be given to the United States Holocaust Memorial Museum, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of Congress that the United States Holocaust Memorial Museum should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with Holocaust remembrance. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medal.--Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. Passed the House of Representatives June 11, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 537 _______________________________________________________________________ AN ACT To award a Congressional Gold Medal to 60 diplomats, in recognition of their bravery and heroism during the Holocaust.

usgpo

2024-06-24T00:12:41.972637

BILLS-118hr8317ih

Mamas First Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8317 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8317 To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services provided by doulas and midwives, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Ms. Moore of Wisconsin (for herself, Ms. Underwood, Ms. Adams, Ms. Pressley, and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services provided by doulas and midwives, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mamas First Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Centers for Disease Control and Prevention, the maternal mortality rate varies drastically for women by race and ethnicity. On average, there are 26.6 deaths per 100,000 live births for White women, 69.9 deaths per 100,000 live births for Black women, 49.2 deaths for American Indian and Alaskan Native women, and 28 deaths per 100,000 live births for Hispanic women. While maternal mortality disparately impacts Black women and indigenous women, this urgent public health crisis traverses race, ethnicity, socioeconomic status, educational background, and geography. (2) United States maternal mortality rates are the highest in the developed world and are increasing rapidly. (3) Four out of five of these maternal deaths are likely preventable. (4) According to the National Institutes of Health, doula- assisted mothers are four times less likely to have a low- birth-weight baby, two times less likely to experience a birth complication involving themselves or their baby, and significantly more likely to initiate breastfeeding. (5) Midwife-led care is associated with cost savings, decreased rates of intervention, lower cesarean rates, lower preterm birth rates, and healthier outcomes for mothers and babies. (6) Midwives may practice in any setting, including the home, community, hospitals, birth centers, clinics, or health units. SEC. 3. MEDICAID COVERAGE OF SERVICES PROVIDED BY DOULAS AND MIDWIVES. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)-- (A) in paragraph (30), by striking ``and'' at the end; (B) by redesignating paragraph (31) as paragraph (32); and (C) by inserting after paragraph (30) the following new paragraph: ``(31) services and care, including prenatal, delivery, and postpartum care, that is provided in a culturally congruent manner (as defined in subsection (kk)) by doulas, midwives, and tribal midwives (as those terms are defined in subsection (jj)), that is provided in the home, community, a hospital, birth center, clinic, health unit, or is furnished via telehealth to the extent authorized under State law; and''; and (2) by adding at the end the following: ``(jj) Doulas, Midwives, and Tribal Midwife Defined.--For purposes of subsection (a)(31): ``(1) Doulas defined.--The term `doula' means an individual who-- ``(A) has completed 60 hours of foundational training; ``(B) is certified by an organization, which has been established for not less than five years and which requires the completion of continuing education to maintain such certification, to provide non-medical advice, information, emotional support, and physical comfort to an individual during such individual's pregnancy, childbirth, and postpartum period; and ``(C) maintains such certification by completing such required continuing education. ``(2) Midwives defined.--The term `midwife' means a midwife who meets at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives. ``(3) Tribal midwife defined.--The term `tribal midwife' means an individual who is recognized by an Indian tribe (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) to practice midwifery for such tribe. ``(kk) Culturally Congruent Care Defined.--For purposes of subsection (a)(31), the term `culturally congruent care', with respect to maternity care, means care that is provided in agreement with the preferred cultural values, beliefs, worldview, language, and practices of the health care consumer and other stakeholders.''. (b) Requiring Mandatory Coverage Under State Plan.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking ``and (30)'' and inserting ``(30), and (31)''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply with respect to medical assistance furnished on or after January 1, 2022. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. <all>

usgpo

2024-06-24T00:12:42.010992

BILLS-118s4280is

Essential Caregivers Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4280 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4280 To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any period in which regular visitation is restricted. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Blumenthal (for himself and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any period in which regular visitation is restricted. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Essential Caregivers Act of 2024''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the National Center for Health Statistics of the Centers for Disease Control and Prevention, an estimated 1,300,000 individuals resided in nursing homes in 2020 at the onset of the COVID-19 pandemic and nearly half of all nursing home residents were living with a diagnosis of Alzheimer's or other related dementia. (2) Regulations issued pursuant to the Nursing Home Reform Act of 1987 established basic rights and services for residents of nursing homes, including ``the right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility''. (3) In March of 2020, the Centers for Medicare & Medicaid Services instructed nursing facilities to restrict visitation for all visitors and non-essential healthcare personnel and cancel communal dining and group activities. Long-term care ombudsman program representatives and State surveyors were among those whose access to long-term care facilities was prohibited or extremely restricted despite reopening guidance released by the Centers for Medicare & Medicaid Services in May of 2020. (4) Many long-term care residents declined dramatically or died prematurely from ``failure to thrive'' in isolation. (5) According to the National Consumer Voice for Quality Long-Term Care, in the first year of the COVID-19 pandemic, 1 in 5 healthcare workers resigned, retired, or were fired. This exacerbated the longstanding problem of staff shortages that already existed. Lack of staff, combined with the forced absence of families, many of whom provided informal care and support to residents, resulted in a significant decline in residents' health and well-being. During the pandemic, pressure ulcers in nursing home residents rose by 31 percent, the number of residents experiencing significant weight loss rose by 49 percent, the number of residents reporting feeling down, depressed, or hopeless rose by 40 percent, and the number of residents prescribed antipsychotic medications rose by 77.5 percent. (6) According to the Department of Health and Human Services, loneliness and isolation, such as that experienced by long-term care residents during the COVID-19 pandemic, represent profound threats to an individual's health and well- being. (7) Essential Caregivers provide supplemental care for their loved one, regardless of staff shortages, staff turnover, or emergencies. Essential Caregivers support residents and advocate on their behalf. SEC. 3. RIGHT TO ESSENTIAL CAREGIVERS; ACCESS TO ESSENTIAL CAREGIVERS DURING PERIODS WHEN VISITATION IS OTHERWISE RESTRICTED. (a) Medicare Skilled Nursing Facilities.--Section 1819(c)(3) of the Social Security Act (42 U.S.C. 1395i-3(c)(3)) is amended-- (1) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively; (2) by striking ``A skilled nursing facility must--'' and inserting the following: ``(A) In general.--A skilled nursing facility shall--''; and (3) by adding at the end the following new subparagraph: ``(B) Access to essential caregivers during emergency periods when visitation is otherwise restricted.-- ``(i) Designation of essential caregiver.-- Each skilled nursing facility shall recognize the right of each resident of such facility to-- ``(I) designate and have access to essential caregivers for such resident at all times, including during any period of emergency in which regular visitation is restricted by order of a Federal, State, or local authority or by other operation of law; and ``(II) amend such designation at any time. ``(ii) Presumption of designation.--For purposes of clause (i), in the case of a resident who is unable, by reason of cognitive or mental disability, to make an election described in such clause, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such designation for such resident. ``(iii) Access to essential caregivers during emergency periods when visitation is otherwise restricted.--During a period of emergency in which regular visitation is restricted by order of a Federal, State, or local authority or by other operation of law, including any period in which a waiver or modification of requirements pursuant to section 1135 is in effect, a skilled nursing facility shall-- ``(I) not deny in-person access to a resident by an essential caregiver of the resident except as provided in this subparagraph; ``(II) allow at least 1 essential caregiver to have access to and provide assistance to such resident at such facility every day and at any time; and ``(III) enforce the agreement described in clause (vii)(III) with respect to an essential caregiver. ``(iv) Restrictions on access.-- ``(I) In general.--During a period of emergency in which regular visitation is restricted by order of a Federal, State, or local authority or by other operation of law, including any period in which a waiver or modification of requirements pursuant to section 1135 is in effect, a skilled nursing facility may deny access to a resident by an essential caregiver of the resident for-- ``(aa) an initial period of not longer than 7 days; and ``(bb) one additional period of not longer than 7 days (in addition to the initial period described in item (aa)) if the department of health of the State in which the facility is located approves the denial of access for such additional period. ``(II) Rule of application.--For purposes of subclause (I), a period of emergency in which regular visitation is restricted by order of a Federal, State, or local authority or by other operation of law shall begin on the date that such order or other operation of law takes effect and shall end on the date that such order or other operation of law expires or is otherwise terminated. During any such period, the maximum number of days for which a skilled nursing facility may deny access to a resident by an essential caregiver of the resident is 7 total days (or, subject to the approval of the department of health of the State in which the facility is located, 14 total days). ``(v) Compliance and notification.-- ``(I) Authority.--No essential caregiver who upholds the agreement described in clause (vii)(III) shall be denied access to the skilled nursing facility of the resident involved. ``(II) Notification.-- If an essential caregiver fails to comply with an agreement with a skilled nursing facility described in clause (vii)(III), the facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non- compliance and providing clear guidance for corrective measures. ``(III) Enforcement.--If an essential caregiver or resident, after receiving a notification of noncompliance described in subclause (II), fails to take corrective action, the essential caregiver may subsequently be denied access to the resident. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such denial of access occurs, a written explanation as to why such caregiver was denied access to such resident. Such explanation must include the resident's and caregiver's options for appeal under the processes established under clause (vi). ``(vi) Options for residents and caregivers to appeal denials of access.-- ``(I) In general.--Not later than 2 years after the date of enactment of this subparagraph, the Secretary shall issue a final rule establishing a process for residents and caregivers to appeal denials of access. ``(II) Appeals process.--The agency responsible for overseeing the appeals process established under subclause (I) shall-- ``(aa) receive appeals from residents and essential caregivers challenging a decision by a skilled nursing facility to deny access under clause (v); and ``(bb) investigate all such appeals within 48 hours of receipt. ``(III) Burden of proof.--During an appeal received under the appeals process established under subclause (I), if a skilled nursing facility defends a decision to deny access to an essential caregiver under clause (v) on the basis that the essential caregiver violated the agreement described in clause (vii)(III), the skilled nursing facility shall have the burden of proof in demonstrating that the essential caregiver violated such agreement. ``(IV) Resolution of appeal.--With respect to an appeal received under the appeals process established under subclause (I), the agency responsible for overseeing the appeal shall make a determination as to whether a skilled nursing facility violated a requirement or prohibition of this subparagraph within 48 hours of commencing its investigation. If the agency determines that a facility has violated such a requirement or prohibition the agency shall-- ``(aa) require the facility to allow immediate access to the essential caregiver in question; ``(bb) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the agency; and ``(cc) impose a civil money penalty in an amount to be determined by the agency (not to exceed $5,000) if such facility fails to implement the corrective action plan with the 7-day period specified in item (bb). ``(vii) Definition of essential caregiver.--For purposes of this subparagraph, the term `essential caregiver' means, with respect to a resident of a skilled nursing facility, an individual who-- ``(I) is designated by or on behalf of the resident pursuant to clause (i) or clause (ii); ``(II) will provide assistance to such resident, which may include assistance with activities of daily living or providing emotional support or companionship to such resident; and ``(III) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and may be no more restrictive than the safety protocols (including safety standards and entry requirements) applicable to staff of such facility.''. (b) Medicaid Nursing Facilities.--Section 1919(c)(3) of the Social Security Act (42 U.S.C. 1396r(c)(3)) is amended-- (1) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively; (2) by striking ``A nursing facility must--'' and inserting the following: ``(A) In general.--A nursing facility shall--''; and (3) by adding at the end the following new subparagraph: ``(B) Access to essential caregivers during emergency periods when visitation is otherwise restricted.-- ``(i) Designation of essential caregiver.-- Each nursing facility shall recognize the right of each resident of such facility to-- ``(I) designate and have access to essential caregivers for such resident at all times, including during any period of emergency in which regular visitation is restricted by order of a Federal, State, or local authority or by other operation of law; and ``(II) amend such designation at any time. ``(ii) Presumption of designation.--For purposes of clause (i), in the case of a resident who is unable, by reason of cognitive or mental disability, to make an election described in such clause, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such designation for such resident. ``(iii) Access to essential caregivers during emergency periods when visitation is otherwise restricted.--During a period of emergency in which regular visitation is restricted by order of a Federal, State, or local authority or by other operation of law, including any period in which a waiver or modification of requirements pursuant to section 1135 is in effect, a nursing facility shall-- ``(I) not deny in-person access to a resident by an essential caregiver of the resident except as provided in this subparagraph; ``(II) allow at least 1 essential caregiver to have access to and provide assistance to such resident at such facility every day and at any time; and ``(III) enforce the agreement described in clause (vii)(III) with respect to an essential caregiver. ``(iv) Restrictions on access.-- ``(I) In general.--During a period of emergency in which regular visitation is restricted by order of a Federal, State, or local authority or by other operation of law, including any period in which a waiver or modification of requirements pursuant to section 1135 is in effect, a nursing facility may deny access to a resident by an essential caregiver of the resident for-- ``(aa) an initial period of not longer than 7 days; and ``(bb) one additional period of not longer than 7 days (in addition to the initial period described in item (aa)) if the department of health of the State in which the facility is located approves the denial of access for such additional period. ``(II) Rule of application.--For purposes of subclause (I), a period of emergency in which regular visitation is restricted by order of a Federal, State, or local authority or by other operation of law shall begin on the date that such order or other operation of law takes effect and shall end on the date that such order or other operation of law expires or is otherwise terminated. During any such period, the maximum number of days for which a nursing facility may deny access to a resident by an essential caregiver of the resident is 7 total days (or, subject to the approval of the department of health of the State in which the facility is located, 14 total days). ``(v) Compliance and notification.-- ``(I) Authority.--No essential caregiver who upholds the agreement described in clause (vii)(III) shall be denied access to the nursing facility of the resident involved. ``(II) Notification.-- If an essential caregiver fails to comply with an agreement with a nursing facility described in clause (vii)(III), the facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non- compliance and providing clear guidance for corrective measures. ``(III) Enforcement.--If an essential caregiver or resident, after receiving a notification of noncompliance described in subclause (II), fails to take corrective action, the essential caregiver may subsequently be denied access to the resident. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such denial of access occurs, a written explanation as to why such caregiver was denied access to such resident. Such explanation must include the resident's and caregiver's options for appeal under the processes established under clause (vi). ``(vi) Options for residents and caregivers to appeal denials of access.-- ``(I) In general.--Not later than 2 years after the date of enactment of this subparagraph, the Secretary shall issue a final rule establishing a process for residents and caregivers to appeal denials of access. ``(II) Appeals process.--The agency responsible for overseeing the appeals process established under subclause (I) shall-- ``(aa) receive appeals from residents and essential caregivers challenging a decision by a nursing facility to deny access under clause (v); and ``(bb) investigate all such appeals within 48 hours of receipt. ``(III) Burden of proof.--During an appeal received under the appeals process established under subclause (I), if a nursing facility defends a decision to deny access to an essential caregiver under clause (v) on the basis that the essential caregiver violated the agreement described in clause (vii)(III), the nursing facility shall have the burden of proof in demonstrating that the essential caregiver violated such agreement. ``(IV) Resolution of appeal.--With respect to an appeal received under the appeals process established under subclause (I), the agency responsible for overseeing the appeal shall make a determination as to whether a nursing facility violated a requirement or prohibition of this subparagraph within 48 hours of commencing its investigation. If the agency determines that a facility has violated such a requirement or prohibition the agency shall-- ``(aa) require the facility to allow immediate access to the essential caregiver in question; ``(bb) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the agency; and ``(cc) impose a civil money penalty in an amount to be determined by the agency (not to exceed $5,000) if such facility fails to implement the corrective action plan with the 7-day period specified in item (bb). ``(vii) Definition of essential caregiver.--For purposes of this subparagraph, the term `essential caregiver' means, with respect to a resident of a nursing facility, an individual who-- ``(I) is designated by or on behalf of the resident pursuant to clause (i) or clause (ii); ``(II) will provide assistance to such resident, which may include assistance with of activities of daily living or providing emotional support or companionship to such resident; and ``(III) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and may be no more restrictive than the safety protocols (including safety standards and entry requirements) applicable to staff of such facility.''. (c) Intermediate Care Facilities for the Intellectually Disabled.-- Section 1905(d) of the Social Security Act (42 U.S.C. 1396d(d)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) the institution complies with the requirements relating to the designation of, and access to residents by, essential caregivers described in section 1919(c)(3)(B) in the same manner as if such institution were a nursing facility.''. (d) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (X), by striking ``and'' at the end; (2) in subparagraph (Y), by striking the period at the end and inserting ``, and''; and (3) by inserting after subparagraph (Y) the following new subparagraph: ``(Z) in the case of an inpatient rehabilitation facility that is located on the same campus (as defined by the Secretary) as a skilled nursing facility, nursing facility (as defined in section 1919(a)), or intermediate care facility for the intellectually disabled (as described in section 1905(d)), to comply with the requirements relating to the designation of, and access to residents by, essential caregivers described in section 1819(c)(3)(B) in the same manner as if such institution were a skilled nursing facility.''. (e) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers), promulgate regulations to carry out this Act and the amendments made by this Act. (f) Rules of Construction.-- (1) No new authority for state and local officials to restrict visitation at nursing facilities.--Nothing in this section or the amendments made by this section shall be construed as creating any new authority for State or local officials to restrict visitation at nursing facilities. (2) No new authority for nursing facilities to unilaterally restrict visitation.--Nothing in this section or the amendments made by this section shall be construed as creating any new authority for a skilled nursing facility or nursing facility (as such terms are defined in sections 1819 and 1919 of the Social Security Act, respectively (42 U.S.C. 1395i-3, 1396r)) to restrict visitation. (g) Effective Date.--The amendments made by this Act shall take effect on the date that is 2 years after the date of enactment of this Act, and shall apply with respect to periods beginning on or after such date in which regular visitation at nursing facilities is restricted by order of a Federal, State, or local authority or by other operation of law. <all>

usgpo

2024-06-24T00:12:42.313285

BILLS-118hr2964eh

Wastewater Infrastructure Pollution Prevention and Environmental Safety Act; WIPPES Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 2964 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 2964 _______________________________________________________________________ AN ACT To require certain products to be labeled with `Do Not Flush' labeling, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wastewater Infrastructure Pollution Prevention and Environmental Safety Act'' or the ``WIPPES Act''. SEC. 2. ``DO NOT FLUSH'' LABELING. (a) In General.--A covered entity shall label a covered product clearly and conspicuously with the label notice and symbol, in accordance with subsections (b) and (c). (b) Requirements.-- (1) Cylindrical packaging.--In the case of a covered product sold in cylindrical or near-cylindrical packaging, and intended to dispense individual wipes-- (A) the symbol and label notice shall be displayed on the principal display panel in a clear and conspicuous location reasonably visible to the user each time a wipe is dispensed; or (B) the symbol shall be displayed on the principal display panel and the label notice, or a combination of the label notice and symbol, shall be displayed on a flip lid in a manner that covers at least 8 percent of the surface area of the flip lid. (2) Flexible film packaging.--In the case of a covered product sold in flexible film packaging, and intended to dispense individual wipes-- (A) the symbol shall be displayed on the principal display panel and, if the principal display panel is not on the dispensing side of the packaging, on the dispensing side panel; and (B) the label notice shall be displayed on either the principal display panel or the dispensing side panel, in a clear and conspicuous location reasonably visible to the user each time a wipe is dispensed. (3) Rigid packaging.--In the case of a covered product sold in a refillable tub or other rigid packaging that may be reused by a customer, and that is intended to dispense individual wipes, the symbol and label notice shall be displayed on the principal display panel in a clear and conspicuous location reasonably visible to the user each time a wipe is dispensed. (4) Packaging not intended to dispense individual wipes.-- In the case of a covered product sold in packaging that is not intended to dispense individual wipes, the symbol and label notice shall be displayed on the principal display panel in a clear and conspicuous location reasonably visible to the user of the covered product. (5) Bulk packaging.-- (A) In general.--In the case of a covered product sold in bulk at retail, the symbol and label notice shall be displayed on both the outer packaging visible at retail and the individual packaging contained within the outer packaging. (B) Exemption.--The following shall be exempt from the requirements of subparagraph (A): (i) Individually packaged covered products that are contained within outer packaging, are not intended to dispense individual wipes, and have no retail labeling. (ii) Outer packaging that does not obscure the symbol and label notice on individually packaged covered products contained within. (6) Packaging of combined products.-- (A) Outer packaging.--The outer packaging of combined products shall be exempt from the symbol and label notice requirements of subsection (a). (B) Packages less than 3 by 3 inches.--In the case of a covered product in packaging smaller than 3 inches by 3 inches (such as an individually packaged wipe in tear-top packaging) and sold as part of a combined product, if a symbol and label notice are placed in a prominent location reasonably visible to the user of the covered product, such covered product shall be considered to be labeled clearly and conspicuously. (c) Reasonable Visibility of Symbol and Label Notice.-- (1) In general.--A covered entity shall ensure that-- (A) packaging seams or folds or other packaging design elements do not obscure the symbol or label notice; (B) the symbol and label notice are each equal in size to at least 2 percent of the surface area of the principal display panel; and (C) the symbol and label notice have high contrast with the immediate background of the packaging so that such symbol and label notice may be seen and read by an ordinary individual under customary conditions of purchase and use. (2) Proximity of symbol and label notice.--A covered entity may display a symbol and label notice either adjacent to or on separate areas of the principal display panel. (3) Exception.--Paragraph (1)(C) does not apply to an embossed symbol or label notice on the flip lid of a covered product sold in cylindrical or near-cylindrical packaging. (d) Representations of Flushability.--With respect to a covered product, a covered entity may not make any express or implied representation that such covered product can or should be flushed. (e) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of this section or any regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce this section and any regulations promulgated under this section by the same means, and with the same jurisdiction, powers, and duties, as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section, and any person who violates this section or any regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Regulations.--The Commission may promulgate regulations under section 553 of title 5, United States Code, to implement this section. In developing the regulations, the Commission may consult with the Administrator of the Environmental Protection Agency, the Commissioner of Food and Drugs, the Consumer Product Safety Commission, or any other agency as appropriate. (4) Authority preserved.--Nothing in this section may be construed to limit the authority of the Commission under any other provision of law. (f) Preemption of State Laws.--No State or political subdivision of a State may directly or indirectly establish or continue in effect, under any authority, requirements with respect to the ``Do Not Flush'' labeling of covered products that are not identical to the requirements of this section and the regulations promulgated under this section. (g) Definitions.--In this section: (1) Combined product.--The term ``combined product'' means two or more products sold in shared retail packaging, of which-- (A) at least one of the products is a covered product; and (B) at least one of the products is another consumer product intended to be used in combination with such covered product. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Covered entity.--The term ``covered entity'' means a manufacturer, wholesaler, supplier, individual or group of individuals, or retailer that is responsible for the labeling or retail packaging of a covered product that is sold or offered for retail sale in the United States. (4) Covered product.-- (A) In general.--The term ``covered product'' means a premoistened, nonwoven disposable wipe sold or offered for retail sale-- (i) that is marketed as a baby wipe or diapering wipe; or (ii) that is a household or personal care wipe (including a wipe described in subparagraph (B)) that-- (I) is composed entirely, or in part, of petrochemical-derived fibers; and (II) has significant potential to be flushed. (B) Inclusions.--The wipes described in this subparagraph are-- (i) antibacterial wipes and disinfecting wipes; (ii) wipes intended for general purpose cleaning or bathroom cleaning, including toilet cleaning and hard surface cleaning; and (iii) wipes intended for personal care use on the body, including hand sanitizing, makeup removal, feminine hygiene, adult hygiene (including incontinence hygiene), and body cleansing. (5) High contrast.--The term ``high contrast'' means, with respect to the symbol or label notice, that such symbol or label notice-- (A) is either light on a solid dark background or dark on a solid light background; and (B) has a contrast percentage of at least 70 percent between such symbol or label notice and the background, using the formula (B1 - B2) / B1 * 100 = contrast percentage, where B1 is the light reflectance value of the lighter area and B2 is the light reflectance value of the darker area. (6) Label notice.--The term ``label notice'' means the written phrase ``Do Not Flush''. (7) Principal display panel.--The term ``principal display panel'' means the side of a product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale, and-- (A) in the case of a cylindrical or near- cylindrical package, the surface area of which constitutes at least 40 percent of the product package, as measured by multiplying the height by the circumference of the package; or (B) in the case of a flexible film package in which a rectangular prism or near-rectangular prism stack of wipes is housed within the film, the surface area of which is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack. (8) State.--The term ``State'' means each State of the United States, the District of Columbia, and each commonwealth, territory, or possession of the United States. (9) Symbol.--The term ``symbol'' means the ``Do Not Flush'' symbol, as depicted in the most recent edition of the Guidelines for Assessing the Flushability of Disposable Nonwoven Products published by the Association of the Nonwoven Fabrics Industry (INDA) and the European Disposables And Nonwovens Association (EDANA), or an otherwise equivalent symbol adopted by the Commission through rulemaking under this section. (h) Effective Date.--This section shall apply to a covered entity beginning on the date that is 1 year after the date of the enactment of this Act. Passed the House of Representatives June 11, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 2964 _______________________________________________________________________ AN ACT To require certain products to be labeled with `Do Not Flush' labeling, and for other purposes.

usgpo

2024-06-24T00:12:42.338365

BILLS-118s4291is

Local News and Broadcast Media Preservation Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4291 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4291 To repeal the limitations on multiple ownership of radio and television stations imposed by the Federal Communications Commission, to prohibit the Federal Communications Commission from limiting common ownership of daily newspapers and full-power broadcast stations, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To repeal the limitations on multiple ownership of radio and television stations imposed by the Federal Communications Commission, to prohibit the Federal Communications Commission from limiting common ownership of daily newspapers and full-power broadcast stations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Local News and Broadcast Media Preservation Act of 2024''. SEC. 2. REGULATION OF BROADCAST OWNERSHIP BY THE FEDERAL COMMUNICATIONS COMMISSION. (a) Repeal of Multiple Broadcast Station Ownership Rules.-- (1) In general.--The Federal Communications Commission may not impose any limitation on the number of radio or television stations-- (A) that a person or entity may directly or indirectly own, operate, or control; or (B) in which a person or entity may have a cognizable interest. (2) Regulations.--In accordance with paragraph (1), the Federal Communications Commission shall repeal section 73.3555 of title 47, Code of Federal Regulations. (3) Technical and conforming amendment.--Section 202 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 110) is amended by striking subsections (a) through (d) and (h). (b) Prohibition on Limitation of Newspaper and Broadcast Station Cross-Ownership.--The Federal Communications Commission may not impose any limitation on the ability of a person or entity to own 1 or more daily newspapers and 1 or more full-power broadcast stations. SEC. 3. CLAYTON ACT. Section 7 of the Clayton Act (15 U.S.C. 18) is amended by adding at the end the following: ``For purposes of an acquisition described in this section, the market share in any geographic market of the television broadcasting market, the radio broadcasting market, or the daily newspaper publication market (or any relevant product market within such markets) of the acquiring person as a result of the acquisition shall not be considered to substantially lessen competition or to tend to create a monopoly.''. SEC. 4. SAFE HARBOR FOR CERTAIN COLLECTIVE NEGOTIATIONS. (a) Definitions.--In this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (B) includes-- (i) section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that section applies to unfair methods of competition; and (ii) any State law (including regulations) that prohibits or penalizes the conduct described in, or is otherwise inconsistent with, subsection (b). (2) News content creator.--The term ``news content creator'' means-- (A) any print, broadcast, or digital news organization that-- (i) has a dedicated professional editorial staff that creates and distributes original news and related content concerning local, national, or international matters of public interest on at least a weekly basis; and (ii) is commercially marketed through subscriptions, advertising, or sponsorship; and (B)(i) provides original news and related content, with the editorial content consisting of not less than 25 percent current news and related content; or (ii) broadcasts original news and related content pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.). (3) Online content distributor.--The term ``online content distributor'' means any entity that-- (A) operates a website or other online service that displays, distributes, or directs users to news articles, works of journalism, or other content on the internet that is generated by third-party news content creators; and (B) has not fewer than 1,000,000,000 monthly active users, in the aggregate, of all of its websites or online services worldwide. (b) Limitation of Liability.--A news content creator may not be held liable under the antitrust laws for engaging in negotiations with any other news content creator during the 4-year period beginning on the date of enactment of this Act to collectively withhold content from, or negotiate with, an online content distributor regarding the terms on which the news content of the news content creator may be distributed by the online content distributor, if-- (1) the negotiations with the online content distributor-- (A) are not limited to price; (B) are nondiscriminatory as to similarly situated news content creators; (C) directly relate to the quality, accuracy, attribution or branding, and interoperability of news; and (D) pertain to terms that would be available to all news content creators; (2) the coordination between the news content creators is directly related to and reasonably necessary for negotiations with an online content distributor that are otherwise consistent with this Act; and (3) the negotiations do not involve any person that is not a news content creator or an online content distributor. (c) Rule of Construction.--Except as provided in this Act, this Act shall not be construed to modify, impair, or supersede the operation of the antitrust laws. <all>

usgpo

2024-06-24T00:12:42.373968

BILLS-118s4288is

Efficient Nuclear Licensing Hearings Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4288 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4288 To amend the Atomic Energy Act of 1954 to provide for more efficient hearings on nuclear facility construction applications, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Scott of South Carolina (for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend the Atomic Energy Act of 1954 to provide for more efficient hearings on nuclear facility construction applications, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Efficient Nuclear Licensing Hearings Act''. SEC. 2. UPDATING HEARING PROCEDURES. (a) Hearings and Judicial Review.--Section 189 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``In any proceeding under this Act'' and inserting the following: ``(i) In any proceeding under this Act''; and (B) in clause (i) (as so designated), by striking ``The Commission shall hold a hearing'' and all that follows through ``upon a determination by the Commission that the amendment involves no significant hazards consideration.'' and inserting the following: ``(ii) The Commission may, in the absence of a request for a hearing by any person whose interest may be affected, issue a construction permit, an operating license, a combined construction permit and operating license, an amendment to a construction permit, an amendment to an operating license, or an amendment to a combined construction permit and operating license under section 103, 104 b., 104 c., or 185 b. for a facility or a testing facility, without a hearing, but upon thirty days notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days notice and publication with respect to any application for an amendment to a construction permit, an amendment to an operating license, or an amendment to a combined construction permit and operating license upon a determination by the Commission that the amendment involves no significant hazards consideration. ``(iii) The Commission shall use informal adjudicatory procedures for any hearing held by the Commission pursuant to this subparagraph.''; (2) in paragraph (1)(B)(iv)-- (A) by inserting ``informal'' before ``hearing procedures''; and (B) by striking ``, whether informal or formal adjudicatory,''; and (3) in the second sentence of paragraph (2)(A), by striking ``required hearing'' and inserting ``hearing held by the Commission under this section''. (b) Construction Permits and Operating Licenses.--Section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235(b)) is amended by striking ``After holding a public hearing under section 189 a. (1)(A),'' and inserting ``After the thirty days notice and publication period or holding a hearing, as applicable, under section 189 a. (1)(A),''. (c) Licensing of Uranium Enrichment Facilities.--Section 193(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2243(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``on the record''; and (B) by inserting ``if a person whose interest may be affected by such construction and operation has requested a hearing regarding the licensing of the construction and operation of the facility'' after ``and 63''; and (2) in paragraph (2), by striking ``Such hearing'' and inserting ``If a hearing is held under paragraph (1), the hearing''. (d) Applicability.--The amendments made by this section shall apply to all applications and proceedings pending before the Nuclear Regulatory Commission on or after the date of enactment of this section. <all>

usgpo

2024-06-24T00:12:42.544057

BILLS-118hr8014eh

Transparency and Predictability in Small Business Opportunities Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8014 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 8014 _______________________________________________________________________ AN ACT To require the Administrator of the Small Business Administration to issue rules for cancelled covered solicitations, to amend the Small Business Act to provide assistance to small business concerns relating to certain cancelled solicitations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Predictability in Small Business Opportunities Act''. SEC. 2. SMALL BUSINESS ADMINISTRATION RULES FOR CANCELLED COVERED SOLICITATIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules to carry out the following actions: (1) Disclose information about a covered solicitation that was issued and cancelled that includes the following: (A) A justification for the cancellation of such covered solicitation. (B) Available information about any plans to reissue such covered solicitation and any associated timeframes for such reissuance. (C) Available information about any plans to include the requirements such covered solicitation in another contract or task order of the Federal agency. (2) With respect to a cancelled covered solicitation which the Federal agency does not intend to reissue, procedures for the referral of a small business concern that prepared a bid for such covered solicitation to the Director of Small and Disadvantaged Business Utilization (as defined in section 15(k) of the Small Business Act (15 U.S.C. 644(k))) of the Federal agency for assistance in identifying similar contracting opportunities. (b) Publication.--The information required under subsection (a) shall be made publicly accessible on the single governmentwide point of entry described under section 1708 of title 41, United States Code. (c) Covered Solicitation Defined.--The term ``covered solicitation'' means a solicitation of a Federal agency for a procurement for which two or more small business concerns were eligible to submit a bid. SEC. 3. DUTIES FOR DIRECTORS OF OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION RELATING TO CERTAIN CANCELLED SOLICITATIONS. Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended-- (1) in paragraph (21), by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following new paragraph: ``(22) shall, when notified by a small business concern that a Federal agency cancelled a solicitation for which such concern prepared a bid and such Federal agency does not intend to reissue, assist such concern with identifying similar contracting opportunities.''. SEC. 4. COMPLIANCE WITH CUTGO. No additional amounts are authorized to be appropriated to carry out this Act or the amendments made by this Act. Passed the House of Representatives June 11, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 8014 _______________________________________________________________________ AN ACT To require the Administrator of the Small Business Administration to issue rules for cancelled covered solicitations, to amend the Small Business Act to provide assistance to small business concerns relating to certain cancelled solicitations, and for other purposes.

usgpo

2024-06-24T00:12:42.594202

BILLS-118s4278is

Physician and Patient Safety Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4278 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4278 To require the Secretary of Health and Human Services to issue regulations to ensure due process rights for physicians before any termination, restriction, or reduction of the professional activity of such physicians or staff privileges of such physicians. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Marshall (for himself and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To require the Secretary of Health and Human Services to issue regulations to ensure due process rights for physicians before any termination, restriction, or reduction of the professional activity of such physicians or staff privileges of such physicians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician and Patient Safety Act''. SEC. 2. REGULATIONS TO ENSURE DUE PROCESS RIGHTS FOR PHYSICIANS. (a) In General.--The Secretary of Health and Human Services shall issue final regulations to provide that physicians who have been granted medical staff privileges at a hospital have a fair hearing and appellate review through appropriate medical staff mechanisms before any termination, restriction, or reduction of the professional activity of such physicians or staff privileges of such physicians at such hospital. (b) Requirements of Regulations.--The regulations described in subsection (a) shall provide that-- (1) a hearing or appellate review may not be denied through a third-party contract; (2) a physician shall not be requested or required to waive their rights to such a hearing or appellate review as a condition of employment, either with the hospital or with a third-party contractor; and (3) any such hearing or appellate review shall be confidential and not reportable to any entity, including the National Practitioner Data Bank or future workplaces or employers, unless there is an ongoing threat to patient safety, or as otherwise required under the reporting requirements for hospitals established by the National Practitioner Data Bank. (c) Effective Date.--The final regulations promulgated under subsection (a) shall take effect not later than 18 months after the date of enactment of this Act. <all>

usgpo

2024-06-24T00:12:42.749104

BILLS-118hr6543eh

No Hidden Fees on Extra Expenses for Stays Act of 2023; No Hidden FEES Act of 2023

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 6543 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 6543 _______________________________________________________________________ AN ACT To prohibit unfair and deceptive advertising of prices for hotel rooms and other places of short-term lodging, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Hidden Fees on Extra Expenses for Stays Act of 2023'' or the ``No Hidden FEES Act of 2023''. SEC. 2. PROHIBITION ON UNFAIR AND DECEPTIVE ADVERTISING OF HOTEL ROOM AND OTHER SHORT-TERM LODGING PRICES. (a) In General.--A covered provider may not advertise, display, market, or otherwise offer for sale in interstate commerce, including through a direct offering, third-party distribution, or metasearch referral, a price of a reservation for a place of short-term lodging that does not include each mandatory fee. (b) Exclusion.--Subsection (a) does not prohibit a covered provider from displaying any individual component, including any fee or tax, that is part of the total price, if such total price is clearly and conspicuously disclosed to the consumer. SEC. 3. ENFORCEMENT. (a) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of section 2(a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce section 2(a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any covered provider who violates section 2(a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Authority preserved.--Nothing in this Act may be construed to limit the authority of the Commission under any other provision of law. (b) Enforcement by States.-- (1) In general.--If the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates section 2(a), the State may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of commission.-- (A) Notice to commission.-- (i) In general.--Except as provided in clause (iii), an attorney general, official, or agency of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Commission that the attorney general, official, or agency intends to bring such civil action. (ii) Contents.--The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for an attorney general, official, or agency of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general, official, or agency shall notify the Commission immediately upon instituting the civil action. (B) Intervention by commission.--The Commission may-- (i) intervene in any civil action brought by an attorney general, official, or agency of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) appeal a decision in the civil action. (C) Limitation on state action while federal action is pending.--If the Commission or the Attorney General of the United States has instituted a civil action for violation of section 2(a) (referred to in this subparagraph as the ``Federal action''), no State attorney general, official, or agency may bring an action under paragraph (1) during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such section alleged in such complaint. (3) Rule of construction.--Nothing in this subsection may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. SEC. 4. ONE NATIONAL STANDARD. (a) In General.--A State, or political subdivision of a State, may not maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of the State, or political subdivision of the State, that prohibits a covered provider from advertising, displaying, marketing, or otherwise offering, or otherwise affects the manner in which a covered provider may advertise, display, market, or otherwise offer, for sale in interstate commerce, including through a direct offering, third-party distribution, or metasearch referral, a price of a reservation for a place of short-term lodging that does not include each mandatory fee. (b) Rule of Construction.--This section may not be construed to-- (1) preempt any law of a State or political subdivision of a State relating to contracts or torts; or (2) preempt any law of a State or political subdivision of a State to the extent that such law relates to an act of fraud, unauthorized access to personal information, or notification of unauthorized access to personal information. SEC. 5. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Corporate, government, or institutional travel management program.--The term ``corporate, government, or institutional travel management program'' means-- (A) a program used by a company, government entity, or not-for-profit institution for the travel of the officers, directors, or employees of such company, government entity, or not-for-profit institution; or (B) a program purchased by a company, government entity, or not-for-profit institution and used for the travel of the officers, directors, or employees of such company, government entity, or not-for-profit institution. (3) Covered provider.-- (A) In general.--The term ``covered provider'' means a provider of a place of short-term lodging, a provider of an internet website or other centralized platform, or any other entity who advertises, displays, markets, or otherwise offers a price of a reservation for a place of short-term lodging. (B) Exclusion.--The term ``covered provider'' does not include any entity who advertises, displays, markets, or otherwise offers a price of a reservation for a place of short-term lodging for purchase pursuant to a corporate, government, or institutional travel management program. (4) Mandatory fee.--The term ``mandatory fee''-- (A) means each mandatory fee required to complete the booking or stay that is assessed by the covered provider and paid directly by the consumer; and (B) does not include any tax or fee imposed on the consumer by a governmental or quasi-governmental entity or assessment fees of a government-created special district or program. (5) Place of short-term lodging.--The term ``place of short-term lodging'' means a hotel, motel, inn, short-term rental, or other place of lodging that advertises at a price that is a nightly, hourly, or weekly rate. (6) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States. SEC. 6. APPLICATION TO PRIOR BOOKINGS. Section 2(a) shall apply only to a reservation for a place of short-term lodging made on or after the effective date of this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date that is 1 year after the date of the enactment of this Act. Passed the House of Representatives June 11, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 6543 _______________________________________________________________________ AN ACT To prohibit unfair and deceptive advertising of prices for hotel rooms and other places of short-term lodging, and for other purposes.

usgpo

2024-06-24T00:12:42.825711

BILLS-118sres727ats

Designating June 2024 as Great Outdoors Month.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. Res. 727 Agreed to Senate (ATS)] <DOC> 118th CONGRESS 2d Session S. RES. 727 Designating June 2024 as ``Great Outdoors Month''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 11, 2024 Mr. Daines (for himself, Mr. Peters, Mr. King, Mrs. Shaheen, Mr. Wyden, Mr. Tester, Mr. Hickenlooper, Mr. Van Hollen, Mr. Marshall, and Mr. Manchin) submitted the following resolution; which was considered and agreed to _______________________________________________________________________ RESOLUTION Designating June 2024 as ``Great Outdoors Month''. Whereas hundreds of millions of individuals in the United States participate in outdoor recreation annually; Whereas Congress enacted the Outdoor Recreation Jobs and Economic Impact Act of 2016 (Public Law 114-249; 130 Stat. 999) to assess and analyze the outdoor recreation economy of the United States and the effects attributable to the outdoor recreation economy on the overall economy of the United States; Whereas the Outdoor Recreation Satellite Account, updated in November 2023 by the Bureau of Economic Analysis of the Department of Commerce, shows that outdoor recreation generated $1,100,000,000 in economic output in 2022, comprising approximately 2 percent of the current-dollar gross domestic product; Whereas the Outdoor Recreation Satellite Account shows that, in 2022, the outdoor recreation sector grew 3 times faster than the overall economy of the United States, while also providing 5,000,000 jobs across the United States; Whereas the Great American Outdoors Act (Public Law 116-152; 134 Stat. 682) provides billions of dollars to help eliminate the maintenance backlog on public lands and waters and fully funds the Land and Water Conservation Fund; Whereas regular outdoor recreation is associated with economic growth, positive health outcomes, and better quality of life; Whereas outdoor recreation activities at the Federal, State, and local levels have seen a recent surge in participation; Whereas many outdoor recreation businesses are small businesses that are cornerstones of rural communities, and outdoor recreation is part of the national heritage of the United States; Whereas it is imperative that the United States ensure that access to outdoor recreation is available to all its people for generations to come; and Whereas June 2024 is an appropriate month to designate as ``Great Outdoors Month'' to provide an opportunity to celebrate the importance of the great outdoors: Now, therefore, be it Resolved, That the Senate-- (1) designates June 2024 as ``Great Outdoors Month''; and (2) encourages all individuals in the United States to responsibly participate in recreation activities in the great outdoors during June 2024 and year-round. <all>

usgpo

2024-06-24T00:12:42.927354

BILLS-118hr8319ih

Developing and Advancing Innovative Learning Models

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8319 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8319 To create a grant program to support the development of innovative learning models, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Mr. Morelle (for himself and Mr. Trone) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To create a grant program to support the development of innovative learning models, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing and Advancing Innovative Learning Models''. SEC. 2. STATEMENT OF PURPOSE. The purposes of this Act are to-- (1) ensure that the Institute for Education Sciences-- (A) supports the sustained development to expand knowledge and understanding of innovative learning models; (B) promotes the adoption and continued growth of innovative learning models; (C) studies and conducts research on the impact of innovative learning models; (D) collects, reports, analyzes, and disseminates data related to innovative learning model development, research, and implementation in the United States; and (E) identifies and makes recommendations concerning Federal and State policies that may present barriers to the adoption and successful implementation of innovative learning models; (2) invest in the development of innovative learning models and in the organizational capacity of innovative learning model providers; and (3) support the adoption of innovative learning models by States, local school districts, schools, and school communities. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Department.--The term ``Department'' means the Department of Education. (2) Director.--The term ``Director'' means the Director of the Institute of Education Sciences. (3) ESEA terms.--The terms ``elementary school'', ``high school'', ``local educational agency'', ``outlying area'', ``poverty line'', ``secondary school'', ``State'', and ``State educational agency'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Evidence-based.--The term ``evidence-based'', when used with respect to an innovative learning model, means an innovative learning model that-- (A) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on-- (i) strong evidence from at least 1 well- designed and well-implemented experimental study; (ii) moderate evidence from at least 1 well-designed and well-implemented quasi- experimental study; or (iii) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; (B) demonstrates a rationale based on high-quality research findings or positive evaluation that such innovative learning model-- (i) is likely to improve student outcomes or other relevant outcomes; and (ii) includes ongoing efforts to examine the effects of such innovative learning model; or (C) is consistent with theoretical and empirical findings from research and will continue to be reviewed. (5) Innovative learning model.--The term ``innovative learning model'' means a comprehensive program which elementary schools, secondary schools, and high schools can adopt that-- (A) bundles together an interconnected set of tools, resources, systems, and instructional practices in order to shape student learning experiences toward clear objectives; (B) integrates and includes-- (i) an instructional design that incorporates components such as content, assessment, research, and student engagement; (ii) an aligned set of pedagogical practices that is sustainable for teachers; (iii) an operational design that reimagines teacher workflow, the use of time, and classroom design; and (iv) a technological design that includes the use of student-level data and relevant technological tools; (C) is not simply a technological platform or point solutions; (D) comprehensively integrates the concepts identified in subparagraph (B); (E) is created and implemented with input from school communities; and (F) may be designed as a model for the operation of an entire school or focus on a specific academic subject or function, such as social-emotional support. (6) Innovative learning model provider.--The term ``innovative learning model provider'' means an organization that-- (A) designs innovative learning models; and (B) partners with schools and school communities to support the implementation of such models (directly or in collaboration with a third party), while sharing accountability for student outcomes as measured by the State in accordance with section 1111(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331(c)). TITLE I--INVESTING IN THE DEVELOPMENT AND RESEARCH OF INNOVATIVE LEARNING MODELS SEC. 101. PURPOSE. The purpose of this title is to authorize a program of competitive grants that enable eligible entities to support the development and research of innovative learning models. SEC. 102. GRANTS FOR INNOVATIVE LEARNING MODEL DEVELOPMENT AND RESEARCH. (a) Grants Authorized.-- (1) Development grants.-- (A) In general.--From the amount reserved by the Director under section 104(c)(1), the Director shall award, on a competitive basis, grants to eligible entities having applications approved under subsection (c) to enable such entities to create, develop, implement, replicate, or take to scale entrepreneurial and evidence-based innovative learning models to improve student outcomes. (B) Description of grants.--The grants described in subparagraph (A) shall include-- (i) early-phase grants to fund the development, implementation, and feasibility testing of an innovative learning model, which prior research, including research conducted under paragraph (1), suggests has promise, for the purpose of determining whether the innovative learning model can successfully improve student achievement or attainment when successfully implemented with fidelity; (ii) mid-phase grants to fund implementation and a rigorous evaluation of an innovative learning model that has been successfully implemented under an early-phase grant described in clause (i) or other effort meeting similar criteria, for the purpose of measuring the model's impact and cost effectiveness, if possible, using existing administrative data; and (iii) expansion grants to fund implementation and a rigorous replication evaluation of an innovative learning model that has been found to produce sizable, important impacts under a mid-phase grant described in clause (ii) or other effort meeting similar criteria, for the purposes of-- (I) determining whether such impacts can be successfully reproduced and sustained over time; and (II) identifying the conditions, including subgroups of students (as described in section 1111(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), in which the program is most effective. (2) Research grants.--From the amount reserved under section 104(c)(2), the Director shall award, on a competitive basis, grants to eligible entities to-- (A) conduct high-quality research on existing innovative learning models; or (B) evaluate innovative learning models developed with grants awarded under paragraph (1). (3) Priority.--In awarding development grants under this section, the Director shall prioritize eligible entities that propose early-phase projects under paragraph (1)(B)(i). (4) Standards.--The Director shall ensure that activities supported with grants under this section-- (A) conform to high standards of quality, integrity, accuracy, validity, and reliability; (B) maintain data privacy and security in a manner that is consistent with any relevant Federal law relating to privacy or data security; and (C) are objective, secular, neutral and nonideological, and are free of partisan political influence or any implicit or explicit bias. (5) Sufficient size and scope.--Each grant awarded under this section shall be of sufficient size and scope for the eligible entity to carry out the activities required for such grant. (6) Duration.--Grants under this title may be awarded for not more than 6 years. (b) Eligible Entity.--In this title, the term eligible entity means an innovative learning model provider, as defined in section 3. (c) Applications.--To be eligible to receive a grant under this title, an eligible entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require. (d) Peer Review.--The Director shall-- (1) implement a peer review process to assist the Director in the review of applications under this title and to make recommendations to the Director on awarding grants under this title; (2) develop and maintain published peer review standards for the conduct and evaluation of all development and research carried out under this title; and (3) ensure that the peer-review teams consist of practitioners and experts who are knowledgeable about innovative learning models, including-- (A) individuals with experience researching and developing innovative learning models for all types of students, including English learners, children with disabilities, and disadvantaged students; and (B) individuals with experience implementing innovative learning models. (e) Training Program.--From funds otherwise reserved for technical assistance under this title, the Director may establish a program to train employees of public and private educational agencies, organizations, and institutions, and may establish a fellowship program to appoint such employees as temporary fellows that may assist in carrying out this section. (f) Supplement, Not Supplant.--Grant funds provided under this title shall be used to supplement, not supplant, other Federal or State funds made available to carry out activities described in this title. (g) Rule of Construction.--Notwithstanding any other provision of law, nothing in this title shall be construed as requiring an eligible entity who is awarded a grant under subsection (a) to measure or evaluate the impact or success of an innovative learning model through the use of a randomized control trial. SEC. 103. REPORTING AND EVALUATION. (a) Activities Summary.--Not later than two years after the date that an eligible entity receives a grant under this title, and on an annual basis thereafter, the eligible entity shall submit to the Director a summary of the activities assisted under the grant. (b) Report.--The Director shall provide to Congress, and make publicly available, an annual report on the implementation of the program carried out under this title, including-- (1) information on eligible entities that received grant funds under this title, including-- (A) information provided by eligible entities to the Director in the applications submitted under section 103(c); (B) the summaries received under subsection (a); and (C) grant award amounts; (2) student outcomes and other relevant impacts on students, including comprehensive learning growth, from schools that implement an innovative learning model that was developed or implemented under this title; (3) information and recommendations concerning any Federal policies that have been identified as presenting barriers to the adoption and implementation of innovative learning models. (c) Evaluation.--From amounts reserved by the Director under section 104(b)(1), the Director shall-- (1) carry out an independent evaluation to measure the effectiveness of the program assisted under this title; and (2) make the results of such evaluation publicly available. (d) Availability.--The reports and evaluation provided under subsections (b) and (c) shall be made readily available to the public. (e) Privacy Protections.--The reports and evaluation provided under subsections (b) and (c) shall not reveal personally identifiable information about any individual. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this title $570,000,000 in each of the fiscal years 2025 through 2034. (b) Reservations.--From the amounts appropriated under subsection (a) for such fiscal year, the Director may reserve-- (1) not more than 1 percent to conduct the evaluation required under section 204(c); and (2) not more than 1 percent to-- (A) provide technical assistance for eligible entities, which may include pre-application workshops, web-based seminars, and evaluation support; and (B) disseminate best practices concerning the successful development and implementation of innovative learning models. (c) Funding Allotment.--From the amount made available under subsection (a) and not reserved under subsection (b) for a fiscal year, the Director shall-- (1) reserve not less than 93 percent to award grants to eligible entities under section 103(a)(1); and (2) reserve not less than 5 percent to award grants to eligible entities under section 103(a)(2). TITLE II--INVESTING IN THE EARLY ADOPTION OF INNOVATIVE LEARNING MODELS SEC. 201. PURPOSE. The purpose of this title is to provide grants to State educational agencies and to provide subgrants to local educational agencies to increase the adoption and expansion of innovative learning models in elementary and secondary schools. SEC. 202. FORMULA GRANTS TO STATES. (a) Reservation of Funds.--From the total amount appropriated under section 205 for a fiscal year, the Secretary shall reserve-- (1) one-half of 1 percent for allotments for the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and (2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (b) State Allotments.-- (1) In general.--From funds made available under section 205 for a fiscal year and not reserved under subsection (a), the Secretary shall allot to each State the sum of-- (A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in all such States, as so determined; and (B) an amount that bears the same relationship to 80 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in all such States, as so determined. (2) Exception.--No State receiving an allotment under paragraph (1) may receive less than one-half of 1 percent of the total amount appropriated under 205 after the reservations under paragraphs (1) and (2) of subsection (a) for a fiscal year. (3) Ratable reduction.--If the funds described in paragraph (1) are insufficient to pay the full amounts that all States are eligible to receive under paragraph (1) for any fiscal year, the Secretary shall ratably reduce such amounts for such fiscal year. (4) Reallotment.--If a State does not receive an allotment, the Secretary shall reallot the amount of the allotment for such State to the remaining States in accordance with this subsection. (c) State Plan.-- (1) In general.--In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. (2) Contents.--Each plan described under paragraph (1) shall include, at a minimum, the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities. (B) A description of how the activities carried out with funds under this title are expected to improve student achievement. (C) A description of how the State educational agency will work with local educational agencies and the communities of such agencies to develop, adopt, and implement innovative learning models. (D) Assurances that the State educational agency will-- (i) review existing resources and programs across the State and coordinate any new plans and resources under this title with such resources and programs; (ii) monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities; and (iii) provide for equitable access for all students to the activities supported under this title, including compliance with the requirements of all applicable Federal civil rights laws. (d) State Use of Funds.-- (1) In general.--Except as provided under paragraph (3), a State that receives an allotment under subsection (b) for a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agencies for such fiscal year, as described in section 203. (2) State administration.--A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency's responsibilities under this title. (3) State activities.--The State educational agency for a State that receives an allotment under subsection (b) may use funds not reserved under paragraphs (1) and (2) for activities and programs designed to meet the purposes of this title, which may include-- (A) providing monitoring of, and training, technical assistance, and capacity building to, local educational agencies that receive subgrants under section 203; (B) identifying and eliminating State barriers to the development, implementation, and adoption of innovative learning models by local educational agencies and schools; and (C) supporting local educational agencies in adopting and implementing innovative learning models in schools. (e) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to-- (1) mandate, direct, or control the development, adoption, or implementation of any learning model by any State, local educational agency, or school; or (2) influence or incentivize the receipt of any grant, contract, or cooperative agreement the receipt of any priority or preference under such grant, contract, or cooperative agreement upon a State, local educational agency, or school's adoption or implementation of any specific learning model, instructional content, curricula, or any program of instruction. (f) Supplement, Not Supplant.--Grant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds made available to carry out activities related to the activities described in this section. SEC. 203. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. (a) Allocation of Funds to Local Educational Agencies.-- (1) Allocation formula.--From funds reserved by a State under section 202(d)(1) for a fiscal year, the State educational agency shall allot to each of the eligible local educational agencies in the State for a fiscal year the sum of-- (A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the local educational agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the local educational agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined. (2) Minimum local educational agency allocation.--No allocation to a local educational agency under this subsection may be made in an amount that is less than $10,000. (3) Ratable reduction.--If the amount reserved by the State under section 202(d)(1) is insufficient to make allocations to local educational agencies in an amount equal to the minimum allocation described in subsection (a)(3), such allocations shall be ratably reduced. (4) Administrative costs.--From the amount allotted under paragraph (1), a local educational agency may reserve not more than 1 percent of such amount for the direct administrative costs of carrying out the local educational agency's responsibilities under this section. (b) Local Applications.-- (1) In general.--To be eligible to receive an allotment under this subsection (a), a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Contents of application.--Each application submitted under paragraph (1) shall include-- (A) a description of the activities to be carried out by the local educational agency under this section; (B) a description of how the local educational agency will prioritize funds to schools served by the agency that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)); (C) a description of how the local educational agency will use data and ongoing consultation with experts and stakeholders to continually update and improve activities supported under this section; (D) a description of how the local educational agency will meaningfully collaborate with teachers, principals, other school leaders, paraprofessionals (including organizations representing such individuals), and other relevant stakeholders in school communities; and (E) any other information that the State educational agency may require. (c) Local Uses of Funds.-- (1) In general.--A local educational agency that receives an allotment under subsection (a) shall develop, implement, select, and evaluate innovative learning models in schools served by such agency, which may be carried out-- (A) through a grant or contract with a for-profit or non-profit entity; or (B) in partnership with an institution of higher education or an Indian Tribe or Tribal organization (as such terms are defined under section 4 of the Indian Self 7 Determination and Education Assistance Act (25 U.S.C. 450b)). (2) Types of activities.--The innovative learning models developed and implemented under this section shall be in accordance with the purpose of this title and shall address the learning needs of all students, including children with disabilities, English learners, gifted and talented students, and students who are otherwise at-risk. (d) Supplement, Not Supplant.--Grant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds available to carry out activities related to the activities described in this section. SEC. 204. REPORTING AND EVALUATION. (a) State and Local Reports.-- (1) State report.--Each State educational agency receiving funds under this title shall annually submit to the Secretary a report that provides-- (A) a description of how the State is using grant funds to meet the purpose of this title; and (B) any other information that the Secretary determines are necessary and appropriate. (2) Local educational agency report.--Each local educational agency receiving funds under this part shall annually submit to the appropriate State educational agency such information as the State may require, which shall include how the local educational agency is using grant funds to meet the purposes of this title. (3) Availability.--The reports and information provided under paragraphs (1) and (2) shall be made readily available to the public. (4) Privacy protection.--The reports and evaluation provided under subsections (b) and (c) shall not reveal personally identifiable information about any individual. (b) Secretary's Report.--The Secretary shall provide to Congress an annual report on the implementation of the program carried out under this title, including-- (1) information provided by States to the Secretary in the applications submitted under section 204(1); (2) the amount allotted to each State and outlying area; and (3) student academic and, as applicable, growth data from the schools participating in the programs supported under this title. (c) Evaluation and Technical Assistance.-- (1) Reservation of funds.--Of the total amount made available for this title for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this title. (2) Evaluation.-- (A) In general.--From amounts reserved under paragraph (1), the Secretary, acting through the Director, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this title. (B) Contents.--The evaluation under subparagraph (A) shall measure-- (i) the effectiveness of each program assisted under this title in improving student academic achievement and growth; (ii) the effectiveness of individual learning models in improving student academic achievement and growth; and (iii) any other information that the Director may require. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there are authorized to be appropriated to carry out this title $180,000,000 in each of fiscal years 2026 through 2035. <all>

usgpo

2024-06-24T00:12:42.977647

BILLS-118s4295is

Encampments or Endowments Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4295 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4295 To establish that institutions of higher education shall be ineligible for funds under the Higher Education Act of 1965 due to campus disorder. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 9, 2024 Mr. Vance introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To establish that institutions of higher education shall be ineligible for funds under the Higher Education Act of 1965 due to campus disorder. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Encampments or Endowments Act''. SEC. 2. INELIGIBILITY DUE TO CAMPUS DISORDER. (a) In General.--Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: ``SEC. 124. INELIGIBILITY DUE TO CAMPUS DISORDER. ``(a) In General.--Notwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds under this Act (including funds for Federal student assistance under title IV) or participate in programs under title IV if the Secretary determines that the institution of higher education has failed to disestablish any permanent encampment on the institution's campus if occupants of the encampment, whether or not affiliated with the institution of higher education-- ``(1) have attempted to interfere with a core function of the institution of higher education; or ``(2) have obstructed the ingress or egress of students. ``(b) Definitions.--In this section: ``(1) Campus.--The term `campus' has the meaning given the term in section 485(f)(6). ``(2) Core function of a university.--The term `core function of a university' means classroom instruction, research, and academic ceremonies performed as part of the matriculation, education, or graduation of students, including commencement ceremonies. ``(3) Encampment.--The term `encampment' means any establishment on the campus of the institution of higher education containing any tent, lean-to, shack, or other structure erected for the purpose of maintaining a temporary or permanent place to live or reside, or where any bedding, sleeping bag, stove, or collection of personal belongings has been placed for the purpose of maintaining temporary or permanent habitability. ``(4) Permanent encampment.--The term `permanent encampment' means any encampment existing on the campus of the institution of higher education for 7 days or more. ``(c) Regaining Eligibility.--On the date that is 5 years after the date on which an institution is declared ineligible under this section, that institution may submit an application to the Secretary containing a request to regain such eligibility, and the Secretary shall consider such request.''. (b) Applicability.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act, and ineligibility with respect to any grant, loan, or work assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) due to a violation of subsection (a) shall apply on or after July 1, 2025. (c) FAFSA Determinations.--The Secretary of Education shall continue to receive and process the Free Application for Federal Student Aid for continuously enrolled students (as defined in section 4969 of the Internal Revenue Code of 1986, as added by section 3), in order to make a determination about the covered Federal financial assistance amount (as defined under such section) for such students. SEC. 3. EXCISE TAX ON THE ENDOWMENTS OF CERTAIN DISQUALIFIED COLLEGES AND UNIVERSITIES. (a) In General.--Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4969. EXCISE TAX ON ENDOWMENT INCOME OF CERTAIN DISQUALIFIED COLLEGES AND UNIVERSITIES. ``(a) Tax Imposed.--There is hereby imposed on each disqualified educational institution for any taxable year a tax equal to 50 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. ``(b) Disqualified Educational Institution.--For purposes of this section, with respect to a taxable year-- ``(1) In general.--The term `disqualified educational institution' means an eligible educational institution (as defined in section 25A(f)(2)) which is ineligible to receive funds under the Higher Education Act of 1965 (including funds for Federal student assistance under title IV of such Act) or participate in programs under title IV of such Act pursuant to section 124 of such Act. ``(2) Exception.--An institution shall not be treated as a disqualified educational institution for the taxable year if such institution-- ``(A) for the academic year ending with or within the taxable year, provides grant funds for all continuously enrolled students of the institution in an amount equal to the covered Federal financial assistance amount for such students, and ``(B) demonstrates such assistance to the Secretary of Education. ``(c) Assets.--The rules of section 4968(d) shall apply for purposes of this section. ``(d) Continuously Enrolled Students.--For purposes of this section, the term `continuously enrolled student' means a student who-- ``(1) is enrolled at an institution of higher education when that institution was determined to be ineligible for Federal student assistance pursuant to section 124 of the Higher Education Act of 1965; and ``(2) has continued enrollment in the same degree program at that institution. ``(e) Covered Federal Financial Assistance Amount.--For purposes of this section, the term `covered Federal financial assistance amount' means the amount of Federal financial assistance under title IV of the Higher Education Act of 1965 (including through grants, loans, and work assistance) for which a student who is a continuously enrolled student in a disqualified educational institution would have been eligible, with respect to an applicable award year, if the disqualified educational institution were participating in the financial assistance programs under such title IV, as calculated based on a student's submission of the Free Application for Federal Student Aid and in accordance with part F of such title IV.''. (b) Clerical Amendment.--The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 4969. Excise Tax on the Endowments of Certain Disqualified Colleges and Universities.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after July 1, 2025. <all>

usgpo

2024-06-24T00:12:42.998126

BILLS-118hr7984eh

Rural Small Business Resilience Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 7984 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 7984 _______________________________________________________________________ AN ACT To require the Administrator of the Small Business Administration to improve access to disaster assistance for individuals located in rural areas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Small Business Resilience Act''. SEC. 2. ACCESS TO DISASTER ASSISTANCE FOR INDIVIDUALS LOCATED IN RURAL AREAS. Not later than one year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall ensure that the Associate Administrator of the Office of Disaster Recovery and Resilience of the Administration takes such actions as necessary to ensure that individuals located in rural areas (as defined in paragraph (16) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)(16))) for which a disaster declaration has been made under such section 7(b) have full access to assistance provided under such section, including by providing targeted outreach and marketing materials to such individuals. SEC. 3. TECHNICAL AMENDMENT. The second paragraph (16) (relating to statute of limitations) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is redesignated as paragraph (17). Passed the House of Representatives June 11, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 7984 _______________________________________________________________________ AN ACT To require the Administrator of the Small Business Administration to improve access to disaster assistance for individuals located in rural areas, and for other purposes.

usgpo

2024-06-24T00:12:43.125161

BILLS-118hres965eh

Calling for the immediate release of Ryan Corbett, a United States citizen, who was wrongfully detained by the Taliban on August 10, 2022, and condemning the wrongful detention of Americans by the Taliban.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 965 Engrossed in House (EH)] <DOC> H. Res. 965 In the House of Representatives, U. S., June 11, 2024. Whereas United States citizen Ryan Corbett has lived a life of service, by supporting humanitarian projects in Afghanistan by helping the Afghan people start and operate small businesses; Whereas Ryan Corbett moved his family to Afghanistan in 2010 to help the local population and lived there for over a decade aiding the local Afghan population; Whereas in 2017, Ryan Corbett founded ``Bloom Afghanistan'' to provide consulting and microloans to Afghan small businesses to help build a self-sustaining local economy of Afghan small businesses; Whereas Ryan Corbett is known to his family, friends, colleagues, and associates as a loving father, as well as a kind, service-oriented man; Whereas Ryan Corbett was forced to leave his life, community, and Afghan partners behind during the August 2021 Taliban takeover of Afghanistan and the ensuing evacuation of American citizens; Whereas in August 2022, Ryan Corbett traveled to Afghanistan for a 10-day trip to check in on his business and employees and was detained by the Taliban; Whereas the Taliban detained Ryan Corbett without being charged with a crime or granting him due process in any judicial proceedings; Whereas, on October 10, 2023, Ryan Corbett was designated as wrongfully detained by the Department of State; Whereas Ryan Corbett is being held in a 9-foot by 9-foot cell with two other detainees, and has been held in solitary confinement for months at a time; Whereas the Taliban has not granted Ryan Corbett any consular visits by Department of State personnel; Whereas during his detention, Ryan Corbett has only had 3 phone calls totaling 22 minutes with his family, and has only had 2 in-person visits with representatives of the United States protecting power in Afghanistan, Qatar; Whereas three non-American individuals previously detained with Ryan Corbett have been released and have reported on Ryan's conditions; Whereas Ryan Corbett's former cellmates stated that prisoners at that facility must survive on scraps of fatty meat, only have access to sunlight once a month, and cannot use the bathroom without permission; Whereas Ryan Corbett's former cellmates stated that during their captivity, Ryan Corbett was suffering from seizures, fainting, and discolored extremities; and Whereas Ryan Corbett turned 40 years old during his wrongful detention, and his physical and mental health is rapidly declining due to the stress and harsh conditions, such that his family fears he will not survive his wrongful detention: Now, therefore, be it Resolved, That the House of Representatives-- (1) calls on the Taliban to immediately and unconditionally release Ryan Corbett and all other American detainees; (2) urges the Taliban to respect Ryan Corbett's human rights and to provide full, unfettered, and consistent health and safety visits to Ryan Corbett while in detention; (3) encourages the Government of Qatar, as the protecting power of the United States in Afghanistan, to continue in its efforts to conduct basic health and wellness checks on Ryan Corbett, thanks Qatar for its efforts thus far, and encourages Qatar to be involved in securing the release of Ryan Corbett; (4) urges all United States executive branch officials to continue to raise the case of Ryan Corbett and to press for his immediate release in all interactions with the Taliban; (5) condemns the Taliban's practice of hostage taking and demands the Taliban to stop detaining United States citizens for political gain; (6) expresses sympathy for and solidarity with the families of all other citizens and lawful permanent residents of the United States wrongfully detained abroad; and (7) expresses support for the family of Ryan Corbett and a commitment to bringing Ryan Corbett home. Attest: Clerk.

usgpo

2024-06-24T00:12:43.394726

BILLS-118s4281is

Student Loan Forgiveness for Farmers and Ranchers Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4281 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4281 To establish a student loan forgiveness plan for certain borrowers who are employed at a qualified farm or ranch. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Murphy (for himself and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To establish a student loan forgiveness plan for certain borrowers who are employed at a qualified farm or ranch. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Forgiveness for Farmers and Ranchers Act''. SEC. 2. LOAN FORGIVENESS FOR FARMERS AND RANCHERS. (a) Amendment to the HEA.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. LOAN FORGIVENESS FOR FARMERS AND RANCHERS. ``(a) Qualified Farm or Ranch.--In this section, the term `qualified farm or ranch' means a farm or ranch with a farm number (within the meaning given the term in section 718.2 of title 7, Code of Federal Regulations, as in effect on the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act). ``(b) In General.--The Secretary shall cancel the balance of interest and principal due, in accordance with subsection (c), on any eligible Federal Direct Loan not in default for a borrower who-- ``(1) at the time of initial entrance into the agricultural student loan forgiveness program-- ``(A) is-- ``(i) employed full-time or part-time as farmer or rancher with an AD-20347 form on file with the Department of Agriculture that is current on the date of the initial entrance; or ``(ii) employed full-time or part-time as an employee or manager of a qualified farm or ranch; and ``(B) is-- ``(i) a beginning farmer or rancher (as defined under section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))); ``(ii) an individual from a population that is underrepresented in the agricultural profession (as determined by the Secretary), such as minorities or women; ``(iii) a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))); or ``(iv) a veteran farmer or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))); ``(2) makes 120 monthly payments on the eligible Federal Direct Loan after the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act, pursuant to any one or a combination of-- ``(A) payments under an income-based repayment plan under section 493C; ``(B) payments under a standard repayment plan under section 455(d)(1)(A), based on a 10-year repayment period; ``(C) monthly payments under a repayment plan under subsection (d)(1) or (g) of section 455 of not less than the monthly amount calculated under section 455(d)(1)(A), based on a 10-year repayment period; or ``(D) payments under an income contingent repayment plan under section 455(d)(1)(D); ``(3) is employed full-time as an employee or manager of a qualified farm or ranch at the time of such forgiveness; and ``(4) has been employed full-time as an employee or manager of a qualified farm or ranch during the period in which the borrower makes each of the qualifying payments described in paragraph (2). ``(c) Loan Cancellation Amount.--After the conclusion of the employment period described in subsection (b), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(d) Removal From the Program.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall remove a borrower from the agricultural student loan forgiveness program if the borrower-- ``(A) was less than 40 years old when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 7 years after entering the program; or ``(B) was 40 years old or older when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 3 years after entering the program. ``(2) Exception for military service.--The Secretary shall not consider any of the following as a period of time counting toward removal from the agricultural student loan forgiveness program for purposes of paragraph (1): ``(A) Time serving on active duty during a war or other military operation or national emergency. ``(B) Time performing qualifying National Guard duty during a war or other military operation or national emergency. ``(C) The 180-day period following the demobilization date for the service described in subparagraph (A) or (B). ``(3) Readmission prohibited.--The Secretary shall not allow a borrower who has been removed from the agricultural student loan forgiveness program under this section to be readmitted to the program, unless the Secretary finds that the borrower has experienced exceptional circumstances. ``(e) Eligible Federal Direct Loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan.''. (b) Regulations.--Not more than 180 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Secretary of Agriculture, shall promulgate final regulations to carry out the amendment made by subsection (a), including regulations relating to the process of tracking and verifying work as an employee or manager of a qualified farm or ranch for purposes of section 460A of the Higher Education Act of 1965 (as added by this Act). <all>

usgpo

2024-06-24T00:12:43.410882

BILLS-118hr8321ih

Antisemitism Community Service Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8321 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8321 To require person convicted of unlawful activity on the campus of an institution of higher education beginning on and after October 7, 2023, to provide community service in Gaza. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Mr. Ogles (for himself, Mr. Duncan, and Mr. Weber of Texas) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To require person convicted of unlawful activity on the campus of an institution of higher education beginning on and after October 7, 2023, to provide community service in Gaza. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Antisemitism Community Service Act''. SEC. 2. COMMUNITY SERVICE REQUIREMENT. Any person convicted of unlawful activity on the campus of an institution of higher education beginning on and after October 7, 2023, shall be assigned to Gaza for the purpose of providing community service (as such term is defined in 20 U.S.C. 1070c-4), for a period not fewer than six months. <all>

usgpo

2024-06-24T00:12:43.497824

BILLS-118hr8316ih

American Workforce Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8316 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8316 To establish a program of workforce development as an alternative to college for all, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Mr. Miller of Ohio (for himself, Mr. Van Orden, and Mr. D'Esposito) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish a program of workforce development as an alternative to college for all, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Workforce Act''. SEC. 2. DEFINITIONS. In this Act: (1) American workforce contract.--The term ``American workforce contract'' means a contract approved by the Director, and entered into by an employer and a prospective trainee under section 4(b)(6). (2) American workforce program.--The term ``American workforce program'' means a program established under section 4(a) that provides, for each participating trainee, a paid, full-time position in which the trainee is engaged in-- (A) structured on-the-job work, as specified by the American workforce contract involved; and (B) educational workforce training described in section 4(f), as specified by the American workforce contract. (3) Competency-based credential.--The term ``competency- based credential'' means a credential awarded on the basis of a performance-based test that-- (A) is taken to demonstrate proficiency in knowledge and abilities essential to the industry or occupation; and (B) does not place restrictions on how, when, or where the test taker studied and acquired the knowledge and abilities. (4) Director.--The term ``Director'' means the Director of the American Workforce Division, appointed under section 3(b). (5) Employer.--The term ``employer'' means a for-profit employer, as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203), other than a public agency, as defined in that section. (6) Prospective trainee.--The term ``prospective trainee'' means an individual who-- (A) applies to an employer to enter into an American workforce contract; and (B) on the date of application, meets the requirements of paragraph (8)(A). (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (8) Trainee.--The term ``trainee'' means any individual who-- (A) on the date of application to an employer to enter into an American workforce contract-- (i) is a United States citizen; (ii) has a high school diploma or its generally recognized equivalent; and (iii) has not earned a bachelor's or higher degree, such as a master's or doctoral degree; and (B) entered into an American workforce contract, which is still in effect, with the employer. (9) Workforce project.--The term ``workforce project'' means a project carried out under an American workforce contract as part of the American workforce program. SEC. 3. ESTABLISHMENT OF AMERICAN WORKFORCE DIVISION. (a) Establishment.--There is established in the Economic Development Administration of the Department of Commerce an American Workforce Division that administers, subject to the availability of appropriations, the American workforce program established under section 4(a). (b) Director.-- (1) In general.--The American Workforce Division shall be headed and administered, in accordance with the provisions of this Act, by a Director. The Director shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report directly to the Secretary and shall perform, in addition to any functions specified in law for or required to be delegated to such officer, such additional functions as the Secretary may prescribe. (2) Qualifications.--The Director shall have significant experience in the private sector. (3) Authority before confirmation.--Until the initial appointment of an individual to the position of Director, by and with the advice and consent of the Senate, and, thereafter, if the individual serving as the Director dies, resigns, or is otherwise unable to perform the functions and duties of the office of the Director, the Secretary of Commerce shall designate an officer or employee of the Department of Commerce to perform the functions and duties of the Director under this Act temporarily in an acting capacity. (c) Responsibilities of the Director.--The Director shall be responsible for each of the following: (1) Reviewing, and approving or disapproving, each proposed American workforce contract received by the Director not later than 1 month after the date of receipt of the proposed contract. (2)(A) Maintaining records of American workforce contracts and ensuring compliance with the contracts. (B) Publishing a standardized template for American workforce contracts, which template shall not exceed 3 pages, and shall be used by prospective trainees and employers to draft a proposed American workforce contract to submit to the Director for review and approval. (3) In accordance with subsection (d), receiving complaints, carrying out investigations, and taking disciplinary and corrective action. (4) In accordance with subsection (e), making determinations and taking disciplinary and corrective action. (5) Coordinating activities with State governments and local governments to-- (A) publicize the opportunity to receive workforce education subsidies for workforce projects, with employers in high-wage, high-demand industries and occupations; and (B) encourage employers to recruit students from secondary schools to participate in the workforce projects. (6) Developing and maintaining a comprehensive, publicly accessible, and user-friendly website to allow employers from each State to simply indicate their demand for workers in their industry or occupation, post it online, and accept applications for training from prospective trainees and ensures prospective trainees can easily search and compare options. (7) Preparing 5- and 10-year reports under section 6, and submitting the reports to Congress. (8)(A) Collecting, on an ongoing basis, up-to-date contact information, including an email, phone number, and mailing address, for each employer participating in a workforce project in the American workforce program. (B) Annually collecting the following information about the American workforce program: (i) The total number of new and continuing trainees training in each workforce project under an American workforce contract. (ii) The annual completion rate for trainees, calculated by comparing the number of trainees in a designated American workforce program cohort who successfully completed a workforce project with an employer and were hired as full-time regular employees by the same employer, with the number of trainees in that cohort who began participating in a workforce project. (iii) The annual rate of trainees who successfully completed a workforce project with an employer but were not hired as full-time regular employees by the same employer compared with the number of trainees who began participating in a workforce project. (iv) The median length of time for workforce project completion. (v) A survey conducted by the Director, based on a random sample and designed to generate statistically significant results, to estimate the post-American workforce program employment retention rate for former trainees, calculated 1 and 2 years after completion of a workforce project, broken down by-- (I) former trainees who are employed by the employer with whom they completed their workforce project; (II) former trainees employed in the same industry or occupation as the industry or occupation in which they completed that workforce project, but by a different employer; and (III) former trainees who are employed, but in an industry or occupation that is not the industry or occupation described in subclause (II). (vi) The credentials attained by trainees through the American workforce program, broken down by type (such as competency-based credentials, certifications, and licenses) and the number of such credentials attained. (vii) The annualized average earnings of former trainees, calculated over a significant time period after completion of a workforce project. (viii) Median and mean workforce education subsidy provided per trainee. (ix) Basic demographic information, such as age, sex, and area of residence, on trainees. (d) Whistleblower Complaints.-- (1) Complaint.--A trainee (including an employee participating as a trainee) in a workforce project may file a complaint with the Director alleging that the employer involved is not complying with the terms of the American workforce contract involved. (2) Preliminary determination.--The Director shall begin an investigation into the complaint within 1 month after the date of receipt of the complaint. Not later than 90 days after the beginning of the investigation, if the Director determines that there is clear and convincing evidence that the complaint is valid, the Director shall make a preliminary determination on disciplinary or corrective action. (3) Notice and opportunity to respond.--If the Director makes a preliminary determination under paragraph (2) of noncompliance, the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (4) Disciplinary or corrective action.--Disciplinary or corrective action under this subsection may consist of-- (A) issuing to the employer a warning or temporary suspension, of not more than 5 years, from participation in the American workforce program; and (B) assessing a civil penalty against the employer of not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (5) Appeal.--If the Director so determines that the appropriate disciplinary or corrective action includes a suspension, the employer shall have 90 days to appeal the validity of the disciplinary or corrective action to the Director, with mandatory review by the Secretary of Commerce. (6) Final determination.--After such mandatory review, the Director shall make a final determination on the validity and on the appropriate disciplinary or corrective action, contingent on approval from the Secretary of Commerce. (e) Noncompliance Determinations.-- (1) Accountability.--The Director-- (A) may, in order to make a preliminary determination about whether there is clear and convincing evidence that employers participating in workforce projects are complying with the terms of the American workforce contracts involved and meeting the requirements of the American workforce program-- (i) demand and review relevant materials from the employers; and (ii) conduct random, periodic compliance reviews of workforce projects; and (B) shall review information in public disclosure documents submitted under section 4(g), including reviewing completion rates provided under section 4(g)(2)(A) to make a preliminary determination about whether there is clear and convincing evidence that employers are participating in a workforce project with a completion rate below 25 percent over 4 years. (2) Notice and opportunity to respond.--If the Director makes a preliminary determination under paragraph (1) of noncompliance or participation in a workforce project described in paragraph (1)(B), the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (3) Warning or civil penalty.-- (A) In general.--The Director may, at the discretion of the Director, issue a warning to or assess a civil penalty against an employer if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that-- (i) the employer is participating in a workforce project described in paragraph (1)(B); or (ii) the employer is violating the terms of an American workforce contract or the requirements of the American workforce program. (B) Calculation of civil penalty.--A civil penalty assessed under subparagraph (A) shall be in an amount that is not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (4) Suspension.--The Director may, at the discretion of the Director, temporarily suspend an employer from the American workforce program for not more than 5 years if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that-- (A) the employer is participating in a workforce project described in paragraph (1)(B); or (B) the employer is consistently or egregiously violating the terms of an American workforce contract or the requirements of the American workforce program. (f) Interference With Proceedings or Inquiries.--It shall be unlawful for any employer to discharge or in any other manner discriminate against any trainee because such trainee-- (1) has filed any complaint under subsection (d); (2) has given, or is about to give, any information in connection with any inquiry or proceeding under this Act (including any inquiry or proceeding under subsection (d) or (e)); or (3) has testified, or is about to testify, in any such inquiry or proceeding under this Act. SEC. 4. AMERICAN WORKFORCE PROGRAM. (a) In General.--The Director shall establish, subject to the availability of appropriations, an American workforce program, and carry out the program by supporting workforce projects with American workforce contracts, distributing workforce education subsidies and bonuses for hiring, and providing technical and administrative support. (b) Contracts.-- (1) In general.--To be eligible to receive a workforce education subsidy, bonus for hiring, or technical support under this Act for a workforce project, an employer and prospective trainee shall prepare a proposed American workforce contract under this subsection, based on the standardized template created by the Director, and submit the proposed contract to the Director for approval. The page limitation placed on the Director's template under subsection (c)(2)(B) shall not apply to the proposed American workforce contract prepared by the trainee and employer or the final American workforce contract. (2) Provisions.--The proposed contract between an individual who is a prospective trainee and the employer shall include each of the following: (A) Parties involved.--The name of the individual, the employer participating in the workforce project, and any third-party entity with whom the employer is partnering to provide the educational workforce training component of the project (referred to in this Act as a ``third-party training entity''). (B) Term.--The term, which shall not be shorter than 6 weeks, of the workforce project (including specifying total time to completion) and the amount of time the individual will spend in structured on-the-job work and in educational workforce training (including specifying hours per week, month, and year). (C) Work and training plan.--A detailed overview of the curriculum for the educational workforce training, a description of the structured on-the-job work, and a description of skills and competencies to be attained through the workforce project. (D) Written workforce agreement.--A proposed written workforce agreement for the individual that outlines each of the following: (i) The terms and conditions of the individual's work and training. (ii) The wage or salary an individual will receive as a trainee and the estimated starting wage or salary, in accordance with the requirements of subsection (e), for each position, described in subsection (e), that the individual is receiving training for and being considered for. (iii) The technical and professional standards that will be met by the individual for successful completion of the workforce project. (iv)(I) Expected long-term and short-term outcomes for the individual, including qualifying positions of the type the individual is being trained for at the employer and third- party training entities (if applicable), and the estimated wage or salary range for the occupation the individual is being trained for. (II) The projected growth of the relevant industry or occupation, if information on that growth is available to the employer or obtainable with such technical assistance as the Director may provide. (v) The circumstances under which the individual's wage or salary will increase during the workforce project. (vi) A description of voluntary mentorship opportunities that may be available. (vii) A disclosure of the amount of the payment from a workforce education subsidy that the employer will receive per payment period from the Director and any costs or expenses that will be charged to the trainee or could reasonably be expected to be charged to the trainee. (viii) If 1 or more competency-based credentials exist for the relevant industry or occupation, a description of the top 1 to 3 such credentials that the individual might earn on successful completion of the workforce project. (ix) If no competency-based credential exists for the industry or occupation, a description of any other credential, such as a certification or license, that the individual might earn in the relevant industry or occupation due to experience in the workforce project. (3) Review of credentials.-- (A) In general.--Not later than 1 month after receiving for review a proposed American workforce contract, the Director shall review the credentials specified in the contract under clause (viii) or (ix) of paragraph (2)(D) and may note any additional credentials the Director determines a trainee should consider earning. Any such credential noted by the Director shall be described in the contract. (B) Rules of construction.--Nothing in this section shall be construed to-- (i) permit the Director to reject an entire proposed American workforce contract solely because of the Director's view of a credential described in the proposed contract; or (ii) require a trainee to agree to earn a competency-based credential or another credential specified in the American workforce contract, as a condition of using funding provided through a workforce education subsidy under this section. (4) Review of contract.-- (A) In general.--Not later than 1 month after receiving a proposed American workforce contract, the Director shall review, and approve or disapprove, the proposed contract (including conducting the review under paragraph (3) and determining whether the employer has provided the appropriate written disclosure document under subsection (g)). (B) Presumption of approval.--There shall be a presumption of approval for a proposed American workforce contract, in that such a contract that has not been disapproved by the Director shall be considered to be approved on the 32nd day after the date of that receipt. A proposed American workforce contract may only be disapproved for failing to meet the requirements of this Act. If such a proposed contract is disapproved, the Director shall describe the reason, with a citation to the requirement not met, and a recommendation for how the proposed contract shall be amended to comply with this Act. (5) Review of resubmission.--If an employer and individual submit a proposed contract under paragraph (1) that is not approved under paragraph (4), the employer and individual may resubmit the amended proposed contract for review as described in paragraph (4). For purposes of paragraph (4)(B), the reference to the date of receipt shall be considered to be the date of receipt of the resubmitted proposed contract. (6) Entry into contract.--Once a proposed contract has been approved under paragraph (4) or (5), the individual and employer involved may enter into the contract and initiate the workforce project. (7) Current employees.--A participating employer may enter into an American workforce contract with, and enroll into their workforce project, an employee who holds a position with the employer if the employer agrees to-- (A) maintain employment for that employee at the employee's wage or salary on the date of enrollment, or a higher wage or salary; and (B) provide an increase to the employee's annual wage or salary, if the employee successfully completes the workforce project, that is equal to not less than 25 percent of the value of the educational workforce subsidy provided for the project. (c) Workforce Education Subsidies.--Not earlier than the date on which an individual and employer enter into an American workforce contract approved by the Director, the Director shall provide an education workforce subsidy to the employer operating the workforce project. Each of the following rules shall apply to the workforce education subsidy and the trainee involved and employer: (1) The workforce education subsidy may be used to subsidize the cost of educational workforce training (onsite or with an eligible third-party training entity), not the wage or salary of the trainee. (2) The employer shall pay, at regular intervals, the trainee a wage or salary at a rate that is not less than the higher of-- (A) the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or (B) the rate in effect under a State or local minimum wage law that applies to the State or locality in which the trainee is engaged in labor or service for the employer. (3) The employer shall provide a working environment for the trainee that meets all applicable Federal, State, and local safety laws and regulations. (4) Neither the Director or any other officer or employee of the executive branch of the Federal Government may make the workforce education subsidy contingent on any requirement not specified in this Act. (5) The employer shall not currently be suspended from participating in workforce projects subsection (d) or (e) of section 3. (6) Participation in the workforce project involved shall not make the employer subject to the jurisdiction of the Office of Federal Contract Compliance Programs of the Department of Labor as a Federal contractor, including not being subject to Executive Order 11246. (7) The employer shall comply with all applicable Federal, State, and local statutory laws pertaining to nondiscrimination in employment. (8) The workforce education subsidy may not be used for-- (A) diversity, equity, and inclusion training, or culturally responsive training; or (B) any other training that may violate-- (i) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), by contributing to a hostile work environment; or (ii) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including its prohibition, on the ground of race, color, or national origin, of discrimination under any program or activity receiving Federal financial assistance. (9) The workforce education subsidy may not be used for political spending, electioneering, or any other purpose that is not directly related to educational workforce training. (10) The Director shall make payments from the workforce education subsidy to the employer-- (A) in even installments, following the end of each financial quarter in which the training and on-the-job work specified in the American workforce contract have been completed by the trainee; (B) in sums of not more than $1,500 per month; and (C) for a total amount of not more than $9,000, as determined on the basis of the American workforce contract. (11) A State government or locality may supplement the workforce education subsidy with additional funds, if the State government or locality does not make accepting such funds or any conditions attached to the funds a requirement of accepting Federal funding. (12) If the trainee chooses to leave a workforce project after the halfway point of the term of the workforce project, the trainee will be considered to have used the entirety of one of the workforce education subsidies through which the trainee is eligible to receive educational workforce training. (13) If the employer ceases operations, the trainee shall not be held at fault, meaning that the trainee may receive educational workforce training, funded with the full value of the workforce education subsidy, for a workforce project with a subsequent eligible employer, notwithstanding the time requirement of paragraph (15). (14) The maximum period of time for which an employer (including a subsequent employer described in paragraph (13)) may receive payments, provided through the workforce education subsidy for education workforce training of a trainee, shall be 3 years. (15)(A) In order for a trainee to enroll in a workforce project with a subsequent eligible employer through a second or third such subsidy, the trainee shall receive the related educational workforce training not less than 1 year after the conclusion of the trainee's most recent training through a workforce education subsidy. (B) The time limit described in subparagraph (A) shall not apply to a trainee who-- (i) completed a workforce project with, but was not hired by, an employer; and (ii) seeks to receive such training through a workforce project with the trainee's next employer. (16) The employer shall meet the applicable minimum ratios specified under section 5(d). (17) The employer shall use E-Verify for each trainee enrolled and individual hired or employed during the period for which the employer accepts funds through a subsidy provided under this Act, regardless of whether the trainee or individual participated in a workforce project. (18) The employer shall publish a public disclosure document, consistent with subsection (g). (d) Bonus for Hiring.-- (1) In general.--If an trainee, on completion of a workforce project, is hired as a full-time, regular employee of the employer participating in the workforce project, with a wage or salary described in subsection (e)(1), the employer shall receive a bonus of $1,000 (in addition to any payment received through a workforce education subsidy). The Director shall pay the bonus not sooner than the date that is 6 months after the trainee is so hired. (2) Rules.--Subject to paragraph (3), each of the rules described in paragraphs (5), (6), (8), (9), (11), (16), (17), and (18) shall apply to the bonus, and the trainee hired and employer, except that a reference in those paragraphs-- (A) to a workforce educational subsidy shall be considered to be a reference to the bonus; and (B) to a trainee shall be considered to be a reference to the trainee hired. (3) Use of bonus.--An employer who receives a bonus under this subsection may use the bonus funds to supplement the wage or salary of the trainee hired. (e) Position for the Trainee.-- (1) Wages.--An employer participating in a workforce project shall be training each trainee and considering each trainee for a position that would have an annual wage or salary of not less than 80 percent of-- (A) the annual median household income of the county in which the job involved is located (or an hourly wage based on that income and adjusted for a 2,080-hour annual work period), as determined by the 5- year estimates of the American Community Survey of the Bureau of the Census; or (B) if the county involved is not in a micropolitan or metropolitan area, the annual median household income for the nearest micropolitan or metropolitan area, as determined by the Bureau of the Census. (2) Remote work.--An employer providing remote work for a trainee or employee (in a position referred to in paragraph (1)) shall use the trainee's or employee's location when determining an applicable wage or salary under this Act. Such a trainee or employee engaging in remote work shall live in the United States and file Federal income taxes in the United States. (3) Work.--An employer participating in a workforce project shall provide structured on-the-job work for each trainee in a job that requires specialized knowledge and experience and involves the performance of complex tasks, to prepare the trainee for a position referred to in paragraph (1). (f) Educational Workforce Training.--In providing for educational workforce training through a workforce project to a trainee, an employer shall meet each of the following requirements: (1) Skills.--The employer shall ensure that the training is designed in a manner that enables trainees to obtain and demonstrate competency and obtain progressively advancing and portable skills that are necessary for the industry or occupation involved. (2) Partners.--The employer may partner with any of the following eligible third-party training entities, and may pay such a third-party training entity with funds from a workforce education subsidy, in order to provide the training for trainees in the workforce project: (A) A trade, industry, or employer group or association. (B) A corporation or other related organized entity. (C) An educational institution, such as an institution of higher education, including a community college, or a secondary school. (D) A State or local government agency or entity. (E) A nonprofit organization. (F) A union. (G) A joint labor-management organization. (H) A certification or accreditation body or entity for an industry or occupation. (I) A consortium or partnership of entities such as entities described in any of subparagraphs (A) through (H). (3) Credentials.--The employer shall ensure that, in conjunction with that training, the trainee shall be made aware of any widely used competency-based credentials in the employer's industry or occupation. If a competency-based credential is described in the trainee's American workforce contract, the employer shall not forbid the trainee, or provide a disincentive to discourage the trainee, from taking a related competency-based credential exam. (4) Definitions.--In this subsection: (A) Community college.--The term ``community college'' means an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) at which the highest degree that is predominately awarded to students is an associate degree. (B) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (g) Public Disclosure Document.-- (1) In general.--The Director shall require each participating employer seeking approval for a proposed American workforce contract to provide a written disclosure document, about the employer's workforce project, that includes each of the following statistics and information: (A) The total expected cost, if any, for a trainee during or at the completion of the workforce project, such as the cost of fees for a certification examination. (B) The expected wage or salary for the position of the employer that the workforce project is designed to train for. (C) The length of the workforce project. (D) The total expected number of hours of structured on-the-job work per week, and of hours of educational workforce training per week, for a trainee during the workforce project. (E) The total expected number of hours for which a trainee will be paid during the course of the workforce project. (F) The hourly wage or salary for a trainee during the course of the workforce project. (G) Information stating any certifications, licenses, or other credentials that trainees in the workforce project might earn on successful completion of the workforce project. (2) Additional public disclosure for established workforce projects.--Three years after an employer has completed a workforce project, the Director shall require the employer to include, in its written disclosure document, documentation that includes each of the following statistics: (A) The completion rate for trainees in a workforce project with the employer, calculated over the previous 3 years. (B) The percentage of trainees that completed a workforce project with, and were hired by, the employer participating in the project, calculated over the previous 2 years. (C) The average wage or salary of currently employed (as of the date of collection of the wage or salary information) trainees who completed a workforce project, during the last 3 years, presented in a way that does not reveal individually identifiable wage or salary information. (3) Availability.--The disclosure documents described in paragraphs (1) and (2) shall be made available to the general public by the Director. SEC. 5. GENERAL PROVISIONS. (a) Workforce Project After Payment Period.--Nothing in this Act shall be construed to require a workforce project to end after 3 years, the maximum period of time for which an employer may receive payments through a workforce education subsidy for a trainee, if the employer pays for the cost of the associated educational workforce training for the portion of the project after that maximum period. (b) Relationship to Other Projects.--Individuals who do not meet the criteria described in section 2(8)(A) may participate in projects, structured like workforce projects described in this Act, if the employer or an organization other than the Federal Government provides the necessary funding for wages or salaries, and educational workforce training. (c) Third-Party Training Entity.--The Secretary may not pressure, or provide an incentive or disincentive to, an employer to choose 1 eligible entity over another as a third-party training entity. The choice of a third-party training entity shall be made entirely by an employer. (d) Regulations on Ratios.-- (1) Ratios.--Beginning 5 years after the date of enactment of this Act, the Secretary may issue regulations that specify 1 or more ratios, based on categories of jobs as defined by the Secretary, between the number of job openings for a prospective position, as a full-time regular employee, related to a workforce project, and the number of trainees in that project. (2) Objectives.--In issuing the regulations, the Secretary shall consider the following objectives: (A) Assuring that a trainee has a reasonable opportunity to be hired as a full-time, regular employee by the employer participating in the workforce project. (B) Ensuring that an employer's hiring discretion is not limited in a manner that would incentivize an employer to lower standards for a position that is particularly difficult or dangerous. (e) Criteria.--The Secretary may establish criteria regarding technical matters and provide technical assistance for meeting the requirements of this Act. (f) Required Regulations.--Regulations required under this Act shall be issued by the corresponding officer within 3 months after the date of enactment of this Act, except as otherwise specified. SEC. 6. EVALUATION REPORTS AND SUNSET. (a) 5-Year Report.--Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report including each of the following information, analysis, and recommendations: (1) A comparison of the American workforce program to other major career and technical education or apprenticeship programs administered by the Federal Government, including the registered apprenticeship program carried out under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), and to the workforce investment activity programs administered under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), on the basis of-- (A) the completion rate of participants in each program; (B) the average earnings of participants in each program, calculated during-- (i) the related career and technical education, apprenticeship, workforce investment, or workforce project; and (ii) the period beginning 3 years and ending 5 years after the participants complete the related career and technical education, apprenticeship, workforce investment, or workforce project; (C) the percentages obtained by dividing-- (i) the number of participants and rate of growth in participants for each program; by (ii) the number of individuals in the labor force and the rate of growth of the labor force, respectively; (D) the level of direct engagement by employers with, and satisfaction from employers in, each program; and (E) the diversity of the industries and occupations of the employers who utilize each program. (2) The overall completion rate for the American workforce program, the completion rate for workforce projects by industry and occupation, the number of trainees who dropped out of the program entirely, broken down by industry and occupation, and the number who left a workforce project for another workforce project. (3) The results of a survey, based on a random sample and designed to generate statistically significant results, of trainees who have participated in the program. (4) The results of a survey, based on a random sample and designed to generate statistically significant results, of employers who have participated in the program, including a breakdown by size of employer. (5) Data collected under section 3(c)(8)(B). (6) Information and technical criteria, other regulations, and guidance issued by the Secretary to administer the program. (7) Information on the rate of uptake by individuals and employers that are eligible to participate in the program, and recommendations for ways in which this rate of uptake could be improved. (8) Analysis on considerations for Congress about expanding the use of intermediary institutions, such as nonprofits, to better advertise the program. (9)(A) Analysis on considerations for Congress in expanding eligibility of the program for United States citizens who do not have a high school diploma or its generally recognized equivalent. (B) Analysis on considerations for Congress in encouraging trainees to obtain industry-recognized credentials that help to provide recognition of a portable skill. (C) Analysis on considerations for Congress on the effect and necessity of regulations described in section 5(d). (D) Recommendations for Congress on encouraging participation in workforce projects by small businesses. (10) Analysis on considerations for Congress about how to effectively engage high school students in a workforce project, including-- (A) how coursework for a technical high school, or career and technical education in a high school, could qualify towards the completion of a workforce project; and (B) how time spent in structured on-the-job work or educational workforce training for a workforce project could count towards high school graduation. (11) Recommendations for improvement and reauthorization of the American workforce program by Congress. (b) 10-Year Report.--Not later than 10 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report containing the information, analysis, and recommendations described in subsection (a). (c) Sunset.--The program authorized by section 4 and the position of the Director shall cease to exist on the earlier of-- (1) the date on which the Director submits the report described in subsection (b) to Congress; or (2) the day that is 11 years after the date of enactment of this Act. SEC. 7. EXCISE TAX ON CERTAIN LARGE PRIVATE COLLEGE AND UNIVERSITY ENDOWMENTS. (a) In General.--Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4969. EXCISE TAX ON CERTAIN LARGE PRIVATE COLLEGE AND UNIVERSITY ENDOWMENTS. ``(a) Tax Imposed.--There is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to 1 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. ``(b) Specified Applicable Educational Institution.--For purposes of this subchapter, the term `specified applicable educational institution' means any applicable educational institution, other than an institution which is religious in nature, the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution's exempt purpose) is at least $2,500,000,000. ``(c) Other Terms.--For purposes of this section-- ``(1) Assets.--The rules of section 4968(d) shall apply. ``(2) Student.--The rules of section 4968(b)(2) shall apply.''. (b) Clerical Amendment.--The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 4969. Excise tax on certain large private college and university endowments.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2024. <all>

usgpo

2024-06-24T00:12:43.509565

BILLS-118hr8324ih

To designate the United States courthouse annex located at 310 South Main Street in London, Kentucky, as the Eugene E. Siler, Jr. United States Courthouse Annex.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8324 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8324 To designate the United States courthouse annex located at 310 South Main Street in London, Kentucky, as the ``Eugene E. Siler, Jr. United States Courthouse Annex''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Mr. Rogers of Kentucky introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To designate the United States courthouse annex located at 310 South Main Street in London, Kentucky, as the ``Eugene E. Siler, Jr. United States Courthouse Annex''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EUGENE E. SILER, JR. UNITED STATES COURTHOUSE ANNEX. (a) Designation.--The United States courthouse annex located at 310 South Main Street in London, Kentucky, shall be known and designated as the ``Eugene E. Siler, Jr. United States Courthouse Annex''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse annex referred to in subsection (a) shall be deemed to be a reference to the ``Eugene E. Siler, Jr. United States Courthouse Annex''. <all>

usgpo

2024-06-24T00:12:43.518168

BILLS-118s4282is

To prohibit the Secretary of Agriculture from implementing any rule or regulation requiring the mandatory use of electronic identification eartags on cattle and bison.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4282 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4282 To prohibit the Secretary of Agriculture from implementing any rule or regulation requiring the mandatory use of electronic identification eartags on cattle and bison. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 8, 2024 Mr. Rounds introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To prohibit the Secretary of Agriculture from implementing any rule or regulation requiring the mandatory use of electronic identification eartags on cattle and bison. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON ELECTRONIC IDENTIFICATION EARTAG MANDATES FOR CATTLE AND BISON. The Secretary of Agriculture shall not implement any rule or regulation requiring the mandatory use of electronic identification eartags on cattle or bison. <all>

usgpo

2024-06-24T00:12:43.823487

BILLS-118hr8320ih

Spend It At Home Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8320 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8320 To allow taxpayers to indicate whether the Federal income taxes they pay should be used for domestic or international purposes, to rescind certain balances made available to the Internal Revenue Service, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Mr. Nehls (for himself and Mr. Moore of Alabama) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To allow taxpayers to indicate whether the Federal income taxes they pay should be used for domestic or international purposes, to rescind certain balances made available to the Internal Revenue Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Spend It At Home Act''. SEC. 2. TAXPAYER DETERMINATION OF WHETHER FEDERAL INCOME TAXES SHOULD BE USED FOR DOMESTIC OR INTERNATIONAL PURPOSES. (a) In General.--The Secretary of the Treasury shall ensure that each Federal income tax form includes a provision that allows the taxpayer to indicate whether the Federal income taxes paid by the taxpayer with respect to the taxable year to which such tax form relates should be used by the Federal Government for-- (1) domestic purposes, or (2) international purposes. (b) Public Reporting of Information.--The Secretary of the Treasury shall annually make publicly available the following information obtained pursuant to subsection (a) with respect to taxable years beginning in each calendar year: (1) The aggregate amount of Federal income taxes that taxpayers indicated should be used for purposes described in paragraph (1) or (2) of subsection (a) (stated separately for each such paragraph). (2) The aggregate number of taxpayers (determined by treated joint returns as 2 taxpayers) who indicated that their Federal income taxes should be used for the purposes described in paragraph (1) or (2) of subsection (a) (stated separately for each such paragraph). SEC. 3. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO THE INTERNAL REVENUE SERVICE. The unobligated balances of amounts appropriated or otherwise made available for activities of the Internal Revenue Service by paragraphs (1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section 10301 of Public Law 117-169 (commonly known as the ``Inflation Reduction Act of 2022'') as of the date of the enactment of this Act are rescinded. <all>

usgpo

2024-06-24T00:12:43.921197

BILLS-118hr7988eh

Small Business Procurement and Utilization Reform Act of 2024; SPUR Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 7988 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 7988 _______________________________________________________________________ AN ACT To amend the Small Business Act to include requirements relating to new small business entrants in the scorecard program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Procurement and Utilization Reform Act of 2024'' or the ``SPUR Act''. SEC. 2. MODIFICATIONS TO SCORECARD REQUIREMENTS. Section 15(y) of the Small Business Act (15 U.S.C. 644(y)) is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraph (E) as subparagraph (F); and (B) by inserting after subparagraph (D) the following new subparagraph: ``(E) The number of new small business entrants, including new small business entrants that are small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women awarded prime contracts in each North American Industry Classification System code during the fiscal year, and a comparison to the number awarded prime contracts during the prior fiscal year, if available.''; (2) in paragraph (3), by striking ``subparagraphs (B) through (E) of paragraph (2)'' and inserting ``subparagraphs (B) through (F) of paragraph (2)''; and (3) by amending paragraph (6) to read as follows: ``(6) Definitions.--In this subsection: ``(A) New small business entrant.--The term `new small business entrant' means a small business concern that-- ``(i) has been awarded a prime contract; and ``(ii) has not previously been awarded a prime contract by the Federal Government. ``(B) Scorecard.--The term `scorecard' means any summary using a rating system to evaluate the efforts of a Federal agency to meet goals established under subsection (g)(1)(B) that-- ``(i) includes the measures described in paragraph (2); and ``(ii) assigns a score to each Federal agency evaluated.''. SEC. 3. COMPLIANCE WITH CUTGO. No additional amounts are authorized to be appropriated to carry out this Act or the amendments made by this Act. Passed the House of Representatives June 11, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 7988 _______________________________________________________________________ AN ACT To amend the Small Business Act to include requirements relating to new small business entrants in the scorecard program, and for other purposes.

usgpo

2024-06-24T00:12:43.951874

BILLS-118s4274is

No Flights for Terrorists Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4274 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4274 To require the Federal Bureau of Investigation to place on the No Fly List individuals who have supported foreign terrorist organizations, encouraged crimes of violence against Jewish persons, or been disciplined by an institution of higher education in relation to such conduct. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Mr. Marshall (for himself and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the Federal Bureau of Investigation to place on the No Fly List individuals who have supported foreign terrorist organizations, encouraged crimes of violence against Jewish persons, or been disciplined by an institution of higher education in relation to such conduct. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Flights for Terrorists Act''. SEC. 2. PLACEMENT ON NO FLY LIST OF INDIVIDUALS WHO SUPPORT TERRORISTS. (a) Definition of Institution of Higher Education.--In this section, the term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (b) Placement on No Fly List.--The Director of the Federal Bureau of Investigation shall place on the No Fly List maintained by the Terrorist Screening Center-- (1) any individual who has openly pledged support for, or espoused allegiance or affiliation to, any organization that has been designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), including-- (A) the Islamic Revolutionary Guard Corps (IRGC); (B) HAMAS; (C) the Al-Aqsa Martyrs Brigade (AAMB); (D) Hizballah; (E) Palestine Islamic Jihad (PIJ); (F) the Palestine Liberation Front (PLF); (G) the Popular Front for the Liberation of Palestine (PFLP); (H) Kata'ib Hizballah (KH); (I) the Abdallah Azzam Brigades; and (J) the al-Ashtar Brigades; (2) any individual who solicits, commands, induces, or otherwise endeavors to persuade another person to engage in a crime of violence against a Jewish person or the Jewish people because of their race or religion; (3) any student enrolled at an institution of higher education who has been the subject of a disciplinary action by the institution of higher education relating to conduct described in paragraph (1) or (2); and (4) any professor employed by an institution of higher education who has been the subject of a disciplinary action by the institution of higher education relating to conduct described in paragraph (1) or (2). <all>

usgpo

2024-06-24T00:12:43.964522

BILLS-118sres728ats

Commending the University of South Alabama on the occasion of its 60th anniversary and its years of service to the State of Alabama and the United States.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. Res. 728 Agreed to Senate (ATS)] <DOC> 118th CONGRESS 2d Session S. RES. 728 Commending the University of South Alabama on the occasion of its 60th anniversary and its years of service to the State of Alabama and the United States. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 11, 2024 Mrs. Britt (for herself and Mr. Tuberville) submitted the following resolution; which was considered and agreed to _______________________________________________________________________ RESOLUTION Commending the University of South Alabama on the occasion of its 60th anniversary and its years of service to the State of Alabama and the United States. Whereas the University of South Alabama was chartered by an act of the Alabama Legislature on May 3, 1963, following the efforts of local leaders who saw a great need for a 4-year degree-granting institution along the fast-growing Alabama Gulf Coast; Whereas the University of South Alabama's first classes were held on June 8, 1964, on a new campus in West Mobile, with 276 total students; Whereas, in 1969, the Alabama Legislature passed legislation establishing a new medical school, and in 1973, the University of South Alabama began providing medical education at the Frederick P. Whiddon College of Medicine; Whereas, in 1970, the University of South Alabama's adoption of Mobile General Hospital and the creation of its new medical school gave rise to what is today University of South Alabama Health (referred to in this preamble as ``USA Health''); Whereas USA Health in Mobile, Alabama is-- (1) the only academic health system along the upper Gulf Coast; (2) home to USA Health Children's & Women's Hospital, which serves the area with the only pediatric emergency center, Level III Neonatal Intensive Care Unit, and Pediatric Intensive Care Unit; (3) home to USA Health University Hospital, which serves the area with the only Level 1 trauma center, burn center, and comprehensive stroke center; (4) home to USA Health Providence Hospital, which serves the area with a full-service 349-bed hospital that provides 24/7 emergency care and a Level III trauma center; (5) home to the USA Health Mitchell Cancer Institute, which serves the area as the only academic cancer treatment and research facility along the upper Gulf Coast, using continuous research and technological advancements to best treat patients; and (6) home to the USA Health Physician Enterprise, the region's largest multispecialty practice, providing patients with primary and specialty care, including many services unique in the community; Whereas, from its first class of 276 students, the University of South Alabama has grown to host more than 13,500 students annually, who participate in over 115 undergraduate, graduate, and doctoral programs through its 10 colleges and schools; Whereas the University of South Alabama's offerings include programs in medicine, nursing, and allied health with 1 of only 2 allopathic medical schools in the State, an established College of Nursing, a burgeoning School of Marine and Environmental Sciences adjacent to the Mobile- Tensaw Delta and the Gulf of Mexico, a comprehensive College of Engineering, and programs in business, computing, education, the sciences, and humanities; Whereas the University of South Alabama is dedicated to supporting the academic success of student-athletes while striving for on-field success; Whereas the University of South Alabama, a charter member of the Sun Belt Conference, is composed of 17 Division I men's and women's programs, including football, basketball, baseball, softball, soccer, volleyball, tennis, golf, cross country, and track and field; and Whereas the University of South Alabama has distinguished itself by producing alumni who have excelled in various sectors, including research, medicine, business, education, engineering, the sciences, the arts, and athletics, among others: Now, therefore, be it Resolved, That the Senate-- (1) commends the University of South Alabama on the occasion of its 60th anniversary and its years of service to the State of Alabama and the United States; (2) recognizes the University of South Alabama for its education, research, and health care service as the ``Flagship of the Gulf Coast''; and (3) respectfully requests that the Secretary of the Senate transmit an enrolled copy of this resolution to-- (A) the President of the University of South Alabama, the Honorable Jo Bonner; (B) the Executive Vice President and Provost of the University of South Alabama, Dr. Andrea Kent; and (C) the Dean of the Frederick P. Whiddon College of Medicine & Vice President for Medical Affairs at the University of South Alabama, Dr. John Marymont, and the Chief Executive Officer and Senior Associate Vice President for Medical Affairs at University of South Alabama Health, Mr. Owen Bailey. <all>

usgpo

2024-06-24T00:12:44.204409

BILLS-118s4275is

Stop Corporate Inversions Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4275 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4275 To amend the Internal Revenue Code of 1986 to modify the rules relating to inverted corporations. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Mr. Durbin (for himself, Mr. Reed, Mr. Whitehouse, Mr. Blumenthal, Mr. Sanders, Ms. Hirono, Ms. Duckworth, Mr. Van Hollen, and Ms. Baldwin) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to modify the rules relating to inverted corporations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Corporate Inversions Act of 2024''. SEC. 2. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS. (a) In General.--Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Inverted Corporations Treated as Domestic Corporations.-- ``(1) In general.--Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- ``(A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent', or ``(B) such corporation is an inverted domestic corporation. ``(2) Inverted domestic corporation.--For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- ``(A) the entity completes after May 8, 2014, the direct or indirect acquisition of-- ``(i) substantially all of the properties held directly or indirectly by a domestic corporation, or ``(ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and ``(B) after the acquisition, either-- ``(i) more than 50 percent of the stock (by vote or value) of the entity is held-- ``(I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or ``(II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or ``(ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. ``(3) Exception for corporations with substantial business activities in foreign country of organization.--A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term `substantial business activities' shall have the meaning given such term under regulations in effect on January 18, 2017, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. ``(4) Management and control.--For purposes of paragraph (2)(B)(ii)-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. ``(B) Executive officers and senior management.-- Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. ``(5) Significant domestic business activities.--For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of-- ``(A) the employees of the group are based in the United States, ``(B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, ``(C) the assets of the group are located in the United States, or ``(D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on January 18, 2017, but applied by treating all references in such regulations to `foreign country' and `relevant foreign country' as references to `the United States'. The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph.''. (b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 8, 2014,''. (2) Subsection (c) of section 7874 of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)''; and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B); (B) in paragraph (3), by inserting ``or (b)(2)(B)(i), as the case may be,'' after ``(a)(2)(B)(ii)''; (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)''; and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after May 8, 2014. <all>

usgpo

2024-06-24T00:12:44.212047

BILLS-118s4273is

Enhancing Native Elders' Longevity, Dignity, Empowerment, and Respect Act; Native ELDER Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4273 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4273 To amend the Older Americans Act of 1965 to enhance the longevity, dignity, empowerment, and respect of older individuals who are Native Americans, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Ms. Murkowski (for herself and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Older Americans Act of 1965 to enhance the longevity, dignity, empowerment, and respect of older individuals who are Native Americans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Native Elders' Longevity, Dignity, Empowerment, and Respect Act'' or the ``Native ELDER Act''. SEC. 2. OLDER AMERICANS TRIBAL ADVISORY COMMITTEE. Section 201(c) of the Older Americans Act of 1965 (42 U.S.C. 3011(c)) is amended by adding at the end the following: ``(4)(A) In this paragraph: ``(i) The term `Native Hawaiian' has the meaning given such term in section 625. ``(ii) The term `relevant committees of Congress' means-- ``(I) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(II) the Committee on Education and the Workforce of the House of Representatives; ``(III) the Committee on Indian Affairs of the Senate; and ``(IV) the Subcommittee on Indian and Insular Affairs of the Committee on Natural Resources of the House of Representatives. ``(B)(i) From amounts appropriated pursuant to section 216(a), the Assistant Secretary shall establish, within the Office for American Indian, Alaskan Native, and Native Hawaiian Programs, an advisory committee, to be known as the `Older Americans Tribal Advisory Committee' (referred to in this paragraph as the `Committee') to provide advice and guidance to the Assistant Secretary on matters relating to Native Americans under this Act. ``(ii) The Committee shall facilitate, but not supplant, government-to-government consultation between the Administration and Indian tribes and confer with organizations representing Native Hawaiians. ``(C)(i) The Committee shall be composed of 11 members, of whom-- ``(I) 3 shall be appointed by the Assistant Secretary; ``(II) 1 shall be appointed by the chairperson of the Committee on Indian Affairs of the Senate; ``(III) 1 shall be appointed by the ranking member of the Committee on Indian Affairs of the Senate; ``(IV) 1 shall be appointed by the chairperson of the Committee on Health, Education, Labor, and Pensions of the Senate; ``(V) 1 shall be appointed by the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; ``(VI) 1 shall be appointed by the chairperson of the Committee on Education and the Workforce of the House of Representatives; ``(VII) 1 shall be appointed by the ranking member of the Committee on Education and the Workforce of the House of Representatives; ``(VIII) 1 shall be appointed by the chairperson of the Subcommittee on Indian and Insular Affairs of the Committee on Natural Resources of the House of Representatives; and ``(IX) 1 shall be appointed by the ranking member of the Subcommittee on Indian and Insular Affairs of the Committee on Natural Resources of the House of Representatives. ``(ii) Nominations for members of the Committee shall be from any of the following: ``(I) Indian tribes. ``(II) Tribal organizations. ``(III) Organizations representing Native Hawaiians. ``(iii) To the maximum extent feasible, the Assistant Secretary shall work with the individuals making appointments under clause (i) to ensure-- ``(I) that the members of the Committee represent a diverse set of expertise on issues relating to geographic regions, Indian tribes, organizations representing Native Hawaiians, and the health and well-being of Native Americans; ``(II) that not less than one member is an Alaskan Native; and ``(III) that not less than one member is a Native Hawaiian. ``(iv) No member of the Committee shall be an officer or employee of the Federal Government. ``(v)(I) Each member of the Committee-- ``(aa) subject to subclause (II), shall be appointed to a 3-year term; and ``(bb) may be reappointed to not more than 3 consecutive terms. ``(II) The first 3 appointments by the Assistant Secretary under clause (i)(I) shall be for a 2-year term. ``(III) Any vacancy in the Committee shall be filled in the same manner as the original appointment not more than 90 days after the date on which the position becomes vacant. ``(D)(i) The Committee shall meet in person not less than twice each year. ``(ii) Not fewer than 1 representative from the Office for American Indian, Alaskan Native, and Native Hawaiian Programs shall be present at each meeting of the Committee. ``(iii) Any representatives from the Office for American Indian, Alaskan Native, and Native Hawaiian Programs shall be nonvoting representatives at meetings of the Committee. ``(E) The Committee shall-- ``(i) identify evolving issues of relevance to Native Americans relating to programs of the Administration under this Act; ``(ii) communicate to the Assistant Secretary the issues identified under clause (i); ``(iii) submit to the Assistant Secretary recommendations for, and solutions to-- ``(I) the issues identified under clause (i); ``(II) issues relating to this Act involving Native Americans raised at the Tribal, regional, or national level; and ``(III) issues relating to any Tribal consultation carried out by the Administration under this Act; ``(iv) discuss issues and proposals for changes to the regulations, policies, and procedures of the Administration under this Act that impact Native Americans; ``(v) identify priorities and provide advice on appropriate strategies for Tribal consultation on issues under this Act at the Tribal, regional, or national level regarding the Administration; ``(vi) ensure that pertinent issues of the Administration under this Act are brought to the attention of an Indian tribe and organization representing Native Hawaiians in a timely manner so that timely feedback from an Indian tribe and organization representing Native Hawaiians can be obtained; ``(vii) identify and propose solutions to any interdepartmental barrier between the Administration and other Federal agencies; and ``(viii) coordinate with the Secretary of Labor, the Administrator of the Centers for Medicare & Medicaid Services, and the Director of the Indian Health Service on relevant issues. ``(F)(i) Not less frequently than once each year, the Committee shall submit to the Assistant Secretary and the relevant committees of Congress a report that describes-- ``(I) the activities of the Committee during the previous year; and ``(II) recommendations for legislative or administrative action for the following year. ``(ii) Not more than 45 days after the date on which the Assistant Secretary receives a report under clause (i), the Assistant Secretary shall submit a written response to that report to-- ``(I) the Committee; and ``(II) the relevant committees of Congress. ``(G) Members of the Committee shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ``(H) Chapter 10 of title 5, United States Code, shall not apply to the Committee.''. SEC. 3. SUPPORTING SERVICES FOR HEALTHY AGING AND INDEPENDENCE. Section 636(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3057k-21(b)(2)) is amended by striking ``in-home assistance'' and inserting ``in-home assistance (including for the modification of homes that is necessary to facilitate the ability of older individuals to remain at home)''. SEC. 4. FUNDING SET ASIDE. Section 644 of the Older Americans Act of 1965 (42 U.S.C. 3057o) is amended-- (1) by striking ``not more than''; and (2) in paragraphs (1) and (2), by striking ``2019'' and inserting ``2024''. SEC. 5. TECHNICAL ASSISTANCE AND TRAINING PROGRAMS. Section 201(c)(3)(H) of the Older Americans Act of 1965 (42 U.S.C. 3011(c)(3)(H)) is amended to read as follows: ``(H) develop and provide technical assistance and training programs to grantees under title VI, which technical assistance and training programs-- ``(i) shall ensure adequate organizational capacity to deliver the services under such title; and ``(ii) may include topics such as program management, data development and use, basic business skills, grant development, program and service innovations, and staff training and certification;''. SEC. 6. REPORTS. (a) Assistant Secretary for Aging.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary for Aging shall submit to the committees described in paragraph (2), and make publicly available, a report that-- (A) evaluates the feasibility of modeling the Native American Caregiver Support Program under part C of title VI of the Older Americans Act of 1965 (42 U.S.C. 3057k-11 et seq.) on the program of comprehensive assistance for family caregivers of eligible veterans under section 1720G(a) of title 38, United States Code; (B) evaluates the level of need for in-home services that include accessible home modifications for older individuals who are Native Americans, including the need for provisions under the Older Americans Act of 1965 to prioritize accessible home modifications as in-home services for such older individuals; and (C) evaluates and identifies barriers to Indian tribes accessing programs under title VI of the Older Americans Act of 1965, and coordination between programs funded under title III of such Act and programs funded under title VI of such Act, including by-- (i) assessing the impacts of population- based formulas and tribal service population requirements on program participation; (ii) identifying the number of Indians unserved by programs under such title VI; (iii) identifying the States making grants to Indian tribes under title III of such Act; and (iv) providing estimates of funding necessary to support programs under title VI of such Act for all tribal organizations not eligible under such title as in effect on the date of enactment of this Act. (2) Committees of congress.--The committees described in this paragraph are-- (A) the Committee on Health, Education, Labor, and Pensions of the Senate; (B) the Committee on Education and the Workforce of the House of Representatives; (C) the Committee on Indian Affairs of the Senate; and (D) the Subcommittee on Indian and Insular Affairs of the Committee on Natural Resources of the House of Representatives. (b) Secretary of Labor.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall submit a report to Congress on how recipients of funding under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) are serving older individuals who are Native Americans with such funding. <all>

usgpo

2024-06-24T00:12:44.320066

BILLS-118s4272is

Shirley Chisholm Statue Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4272 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4272 To direct the Joint Committee of Congress on the Library to obtain a statue of Shirley Chisholm for placement in the United States Capitol. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Mr. Warnock (for himself, Ms. Butler, Ms. Klobuchar, Ms. Warren, Ms. Hirono, Mr. Sanders, Mr. Durbin, Ms. Smith, Mrs. Murray, Ms. Stabenow, Mr. Casey, Mr. Padilla, Mr. Van Hollen, Ms. Cortez Masto, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration _______________________________________________________________________ A BILL To direct the Joint Committee of Congress on the Library to obtain a statue of Shirley Chisholm for placement in the United States Capitol. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shirley Chisholm Statue Act''. SEC. 2. PLACEMENT OF STATUE OF SHIRLEY CHISHOLM IN UNITED STATES CAPITOL. (a) Obtaining Statue.--Not later than 2 years after the date of enactment of this Act, the Joint Committee of Congress on the Library shall enter into an agreement to obtain a statue of Shirley Chisholm, under such terms and conditions as the Joint Committee considers appropriate consistent with applicable law. The Joint Committee may authorize the Architect of the Capitol to enter into the agreement and related contracts required under this subsection on its behalf, under such terms and conditions as the Joint Committee may require. (b) Placement.--The Joint Committee of Congress on the Library shall place the statue obtained under subsection (a) in a permanent public location in the United States Capitol. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended. <all>

usgpo

2024-06-24T00:12:44.371467

BILLS-118hr8322ih

Study Abroad Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8322 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8322 To revoke visas of certain aliens for rioting or unlawful protests, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Mr. Ogles (for himself, Mr. Duncan, Mr. Weber of Texas, Mr. Tiffany, and Mr. Rosendale) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To revoke visas of certain aliens for rioting or unlawful protests, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Study Abroad Act''. SEC. 2. REVOCATION OF VISAS. The Secretary of State shall revoke the F, J, or M visa of any alien who has been arrested for rioting or unlawful protest or who has been arrested while establishing, participating in, or promoting an encampment on the campus of an institution of higher education on or since October 7, 2023. <all>

usgpo

2024-06-24T00:12:44.608422

BILLS-118hr7989eh

ThinkDIFFERENTLY About Disability Employment Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 7989 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 7989 _______________________________________________________________________ AN ACT To provide for a memorandum of understanding between the Small Business Administration and the National Council on Disability to increase employment opportunities for individuals with disabilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``ThinkDIFFERENTLY About Disability Employment Act''. SEC. 2. MEMORANDUM OF UNDERSTANDING TO INCREASE EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES. (a) In General.--The Administrator of the Small Business Administration, in consultation with the Chair of the National Council on Disability, shall-- (1) provide assistance to individuals with disabilities who desire to become entrepreneurs or to be self-employed; (2) help individuals with disabilities find employment at small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)); (3) assist small business concerns with hiring individuals with disabilities and with accessibility issues applicable to individuals with disabilities. (b) Memorandum of Understanding or Agreement.--The Administrator, in consultation with the Chair, shall carry out and coordinate the activities described in subsection (a) by entering into one or more memoranda of understanding or other appropriate agreements. (c) Outreach and Education.--In carrying out the activities described in subsection (a), the Administrator, in consultation with the Chair, shall conduct outreach and education about such activities. (d) Report.--Not later than two years after the date of the enactment of this Act, the Administrator, in consultation with the Chair, shall submit to Congress a report on activities carried out pursuant to any memorandum or agreement described in subsection (b) that includes the following: (1) A description of how the Administrator, in consultation with the Chair, carried out such activities. (2) An analysis of opportunities to expand the technical capabilities of the Small Business Administration in carrying out such activities. (3) A description of achievements under any such memorandum or agreement. (4) A description of the plans of the Administrator, in consultation with the Chair, to continue activities to expand employment opportunities for individuals with disabilities. SEC. 3. COMPLIANCE WITH CUTGO. No additional amounts are authorized to be appropriated to carry out this Act or the amendments made by this Act. Passed the House of Representatives June 11, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 7989 _______________________________________________________________________ AN ACT To provide for a memorandum of understanding between the Small Business Administration and the National Council on Disability to increase employment opportunities for individuals with disabilities, and for other purposes.

usgpo

2024-06-24T00:12:44.620481

BILLS-118sres713ats

Designating May 2024 as ALS Awareness Month.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. Res. 713 Agreed to Senate (ATS)] <DOC> 118th CONGRESS 2d Session S. RES. 713 Designating May 2024 as ``ALS Awareness Month''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 23, 2024 Mr. Coons (for himself, Mr. Braun, Mr. Durbin, Ms. Klobuchar, Mr. Merkley, Mr. Whitehouse, Ms. Murkowski, and Mr. Cotton) submitted the following resolution; which was referred to the Committee on the Judiciary June 11, 2024 Committee discharged; considered and agreed to _______________________________________________________________________ RESOLUTION Designating May 2024 as ``ALS Awareness Month''. Whereas amyotrophic lateral sclerosis (referred to in this preamble as ``ALS'') is a progressive neurodegenerative disease that affects nerve cells in the brain and the spinal cord; Whereas the life expectancy for an individual with ALS is between 2 and 5 years after the date on which the individual receives an ALS diagnosis; Whereas ALS occurs throughout the world with no racial, ethnic, gender, or socioeconomic boundaries; Whereas ALS may affect any individual in any location; Whereas the cause of ALS is unknown in up to 90 percent of cases; Whereas approximately 10 percent of ALS cases have a strong known genetic driver; Whereas, on average, the period between the date on which an individual first experiences symptoms of ALS and the date on which the individual is diagnosed with ALS is more than 1 year; Whereas the onset of ALS often involves muscle weakness or stiffness, and the progression of ALS results in the further weakening, wasting, and paralysis of-- (1) the muscles of the limbs and trunk; and (2) the muscles that control vital functions, such as speech, swallowing, and breathing; Whereas ALS can strike individuals of any age, but it predominantly strikes adults; Whereas it is estimated that tens of thousands of individuals in the United States have ALS at any given time; Whereas, based on studies of the population of the United States, more than 5,000 individuals in the United States are diagnosed with ALS each year, and approximately 15 individuals in the United States are diagnosed with ALS each day; Whereas every 90 minutes someone dies from ALS in the United States; Whereas the majority of individuals with ALS die of respiratory failure; Whereas, in the United States, military veterans are more likely to be diagnosed with ALS than individuals with no history of military service; Whereas, as of the date of introduction of this resolution, there is no cure for ALS; Whereas the spouses, children, and family members of individuals living with ALS provide support to those individuals with love, day-to-day care, and more; and Whereas an individual with ALS, and the caregivers of such individual, can be required to bear significant costs for medical care, equipment, and home care services for the individual as the disease progresses: Now, therefore, be it Resolved, That the Senate-- (1) designates May 2024 as ``ALS Awareness Month''; (2) affirms the dedication of the Senate to-- (A) ensuring individuals with amyotrophic lateral sclerosis (referred to in this resolution as ``ALS'') have access to effective treatments as soon as possible; (B) identifying risk factors and causes of ALS to prevent new cases; (C) empowering individuals with ALS to engage with the world in the way they want; (D) acknowledging the physical, emotional, and financial burdens of living with ALS; and (E) ensuring all individuals with ALS and their caregivers receive high-quality services and supports that benefit them; and (3) commends the dedication of the family members, friends, organizations, volunteers, researchers, and caregivers across the United States who are working to improve the quality and length of life of ALS patients and develop treatments and cures that reach patients as soon as possible. <all>

usgpo

2024-06-24T00:12:44.692390

BILLS-118hr8318ih

Tribal Tax and Investment Reform Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8318 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8318 To amend the Internal Revenue Code of 1986 to treat Indian Tribal Governments in the same manner as State governments for certain Federal tax purposes, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2024 Ms. Moore of Wisconsin (for herself, Mr. Schweikert, Mr. Kildee, Mr. Kelly of Pennsylvania, Ms. DelBene, Mr. Cole, Mr. Kilmer, and Mr. Moolenaar) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to treat Indian Tribal Governments in the same manner as State governments for certain Federal tax purposes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Tribal Tax and Investment Reform Act of 2024''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Treatment of Indian tribes as States with respect to excise taxes and bond issuance. Sec. 4. Treatment of pension and employee benefit plans maintained by Tribal Governments. Sec. 5. Treatment of Tribal foundations and charities like charities funded and controlled by other governmental funders and sponsors. Sec. 6. Improving effectiveness of Tribal child support enforcement agencies. Sec. 7. Recognizing Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs. Sec. 8. New markets tax credit for tribal area investments. Sec. 9. Inclusion of Indian areas as difficult development areas for purposes of certain buildings. Sec. 10. Tribal general welfare and trust programs clarification. Sec. 11. Indian employment tax credit. Sec. 12. Exclusion from gross income for payments under Indian health service loan repayment program. Sec. 13. Exclusion of certain amounts received under Indian Health Professions Scholarships Program. SEC. 2. FINDINGS. The Congress finds the following: (1) There is a unique Federal legal and political relationship between the United States and Indian Tribes. (2) Indian Tribes have the responsibility and authority to provide governmental programs and services to Tribal citizens, develop Tribal economies, and build community infrastructure to ensure that Indian reservation lands serve as livable, permanent homes. (3) The United States Constitution, United States Federal Court decisions, Executive orders, and numerous other Federal laws and regulations recognize that Indian Tribes are governments, retaining the inherent authority to tax and operate as other governments, including (inter alia) financing projects with government bonds and maintaining eligibility for general tax exemptions via their government status. (4) Codifying tax parity with respect to Tribal Governments is consistent with Federal treaties recognizing the sovereignty of Tribal Governments. (5) That Indian Tribes face historic disadvantages in accessing the underlying capital to build the necessary infrastructure for job creation, and that certain statutory restrictions on Tribal governance further inhibit Tribes' ability to develop strong governance and economies. (6) Indian Tribes are sometimes excluded from the Internal Revenue Code of 1986 in key provisions which results in unfair tax treatment for Tribal citizens or unequal enforcement authority for Tribal enforcement agencies. (7) Congress is vested with the authority to regulate commerce with Indian Tribes, and hereby exercises that authority in a manner which furthers Tribal self-governance, and in doing so, further affirms the United States government- to-government relationship with Indian Tribes. SEC. 3. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO EXCISE TAXES AND BOND ISSUANCE. (a) Repeal of Essential Governmental Function Requirements.-- Section 7871 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (e) and redesignating subsections (c), (d), and (f) as subsections (b), (c), and (d), respectively. (b) Special Rules for Tax-Exempt Bonds.--Subsection (b) of section 7871 of such Code, as redesignated by subsection (a), is amended to read as follows: ``(b) Special Rules for Tax-Exempt Bonds.-- ``(1) In general.--In applying section 146 to bonds issued by Indian Tribal Governments, the Secretary shall annually-- ``(A) establish a national bond volume cap based on the greater of-- ``(i) the amount determined under section 146(d)(1)(A), determined by substituting `the national Tribal population estimates supplied annually by the Secretary of the Interior, as measured by the total number of enrolled Tribal citizens of each tribe'for `State population', and ``(ii) the minimum State ceiling amount in section 146(d)(1)(B) (as adjusted in accordance with the cost of living provision in section 146(d)(2)), and ``(B) under regulations prescribed by the Secretary, allocate such national bond volume cap among all Indian Tribal Governments seeking such an allocation in a particular year. ``(2) Application of geographic restriction.--In the case of national bond volume cap allocated under paragraph (1), section 146(k)(1) shall not apply to the extent that such cap is used with respect to financing for a facility located on qualified Indian lands. ``(3) Restriction on financing of certain gaming facilities.--No portion of proceeds from an obligation issued by an Indian Tribal Government (or subdivision thereof) under section 103 may be used with respect to the financing of any portion of a building in which class II or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)) is conducted or housed or any property actually used in the conduct of such gaming. ``(4) Definitions and special rules.--For purposes of this subsection-- ``(A) Indian tribal government.--The term `Indian Tribal Government' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(B) Intertribal consortia, etc.--Under regulations prescribed by the Secretary, an Indian Tribal Government (or a partnership of Indian Tribal Governments) may authorize an intertribal consortium, an organization, or an Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act, to plan for, coordinate or otherwise administer services, finances, functions, or activities on its behalf under this subsection, except that the authorized entity shall have the rights and responsibilities of the authorizing Indian Tribal Government (or Indian Tribal Governments) only to the extent provided in the authorizing resolution. ``(C) Qualified indian lands.--The term `qualified Indian lands' means-- ``(i) Indian lands within the meaning of section 29(j)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722b(j)(8)), ``(ii) land held in fee simple by an Indian Tribal Government, ``(iii) land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), ``(iv) Hawaiian Home Lands (as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221), and ``(v) under regulations prescribed by the Secretary, lands where the facility is to be placed in service in connection with-- ``(I) the active conduct of a trade or business by an Indian Tribe on, contiguous to, within reasonable proximity of, or with a substantial connection to lands described in clause (i), (ii), (iii), or (iv), or ``(II) infrastructure (including roads, power lines, water systems, railroad spurs, and communication facilities) serving lands described in clause (i), (ii), (iii), or (iv).''. (c) Conforming Amendments.-- (1) Section 7871(a) of such Code is amended-- (A) in paragraph (2) by striking ``subject to subsection (b),'', and (B) in paragraph (4) by striking ``subsection (c)'' and inserting ``subsection (b)''. (2) Subparagraph (B) of section 45(c)(9) of such Code is amended to read as follows: ``(B) Indian tribe.--For purposes of this paragraph, the term `Indian Tribe' means any Indian Tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.''. (d) Effective Date.-- (1) Tax-exempt bonds.--The amendments made by this section shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. (2) Excise taxes.--The amendments made by this section with respect to any excise tax referred to in section 7871(a)(2) of such Code shall take effect on and after the first day of the first calendar quarter beginning more than 60 days after the date of the enactment of this Act. SEC. 4. TREATMENT OF PENSION AND EMPLOYEE BENEFIT PLANS MAINTAINED BY TRIBAL GOVERNMENTS. (a) Amendments to the Internal Revenue Code of 1986.-- (1) Qualified public safety employee.--Section 72(t)(10)(B) of the Internal Revenue Code of 1986 (defining qualified public safety employee) is amended by-- (A) striking ``or political subdivision of a State'' and inserting ``, political subdivision of a State, or Indian tribal government''; and (B) striking ``such State or political subdivision'' and inserting ``such State, political subdivision, or Indian tribal government''. (2) Governmental plan.--The last sentence of section 414(d) of such Code (defining governmental plan) is amended to read as follows: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or Tribal law which is wholly owned or controlled by any of the foregoing.''. (3) Exempt governmental deferred compensation plan.-- Section 3121(v)(3) of such Code (defining governmental deferred compensation plan) is amended by inserting ``by an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or Tribal law which is wholly owned or controlled by any of the foregoing,'' after ``political subdivision thereof,''. (4) Grandfather of certain deferred compensation plans.-- Section 457 of such Code is amended by adding at the end the following new subsection: ``(h) Certain Tribal Government Plans Grandfathered.--Plans established before the date of enactment of this subsection and maintained by an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or Tribal law which is wholly owned or controlled by any of the foregoing, in compliance with subsection (b) shall be treated as if established by an eligible employer under subsection (e)(1)(A). Such plans may be maintained in compliance with section 457 or may be converted to or merged into a section 401(k) cash or deferred arrangement maintained by such government, agency, instrumentality, subdivision, or entity.''. (5) Long-term, part-time workers.--Section 401(k)(15)(C) of such Code is amended to read as follows: ``(C) Application of standards to certain employees and plans.--The provisions of paragraph (2)(D)(ii) shall not apply to-- ``(i) employees described in section 410(b)(3), and ``(ii) a governmental plan within the meaning of section 414(d)).''. (b) Enforcement Moratorium Related to Pension Protection Act of 2006.-- (1) In general.--No Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or Tribal law which is wholly owned or controlled by any of the foregoing, shall be subject to a Federal agency enforcement action based on changes under the Internal Revenue Code of 1986 or Employee Retirement Income and Security Act of 1974 enacted under the Pension Protection Act of 2006, for any periods prior to the publication of agency regulations thereunder. (2) Indian tribal government.--For purposes of this subsection, the term ``Indian tribal government'' has the meaning given such term in section 7701(a)(40) of the Internal Revenue Code of 1986. (3) Regulatory guidance.--The Secretary shall work with the Tribal Advisory Committee established pursuant to section 3 of the Tribal General Welfare Exclusion Act of 2014, and in consultation with Indian tribal governments and relevant governmental agencies, to develop regulatory guidance under this section. (c) Uniform Protections and Fiduciary Standards for Tribal Plans.-- (1) In general.--Chapter 77 of such Code is amended by adding at the end the following: ``SEC. 7531. UNIFORM PROTECTIONS AND FIDUCIARY STANDARDS FOR TRIBAL PENSION PLANS. ``(a) In General.--A Tribal pension plan shall be subject to the uniform protections and fiduciary standards for Tribal pension plans. ``(b) Personal Liability.-- ``(1) In general.--Any person who is a fiduciary with respect to a Tribal pension plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by the uniform protection and fiduciary standards for Tribal pension plans, shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary, and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such fiduciary. ``(2) No liability for prior breach.--No fiduciary shall be liable with respect to a breach of fiduciary duty under this section if such breach was committed before the fiduciary became a fiduciary or after the fiduciary ceased to be a fiduciary. ``(c) Nondiscrimination.-- ``(1) No interference with protected rights.--It shall be unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary for exercising any right to which the participant or beneficiary is entitled under the provisions of a Tribal pension plan or under the uniform protection and fiduciary standards for Tribal pension plans, or for the purpose of interfering with the attainment of any right to which such participant or beneficiary may become entitled under such plan or the uniform protection and fiduciary standards for Tribal pension plans. ``(2) Nondiscrimination.--Contributions or benefits provided under a Tribal pension plan shall not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Tribal pension plan.--The term `Tribal pension plan' means any qualified employer retirement plan (as defined in section 72(d)(1)(G)) which-- ``(A) is a governmental plan (as defined in section 414(d)), ``(B) has at least 500 active participants, and ``(C) is established or maintained for the employees of an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or Tribal law which is wholly owned or controlled by any of the foregoing. ``(2) Uniform protection and fiduciary standards for tribal pension plans.--The term `uniform protections and fiduciary standards for Tribal pension plans' means that in connection with a fiduciary's duties with respect to a Tribal pension plan the fiduciary shall discharge those duties-- ``(A) solely in the interest of the participants and beneficiaries, ``(B) for the exclusive purpose of providing benefits to participants and beneficiaries, ``(C) to defray reasonable expenses of administering the plan, ``(D) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, ``(E) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so, and ``(F) in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the requirements of the preceding subparagraphs. ``(3) Control over assets by participant or beneficiary.-- In the case of a Tribal pension plan which provides for individual accounts and permits a participant or beneficiary to exercise control over the assets in their account, if a participant or beneficiary exercises control over the assets in their account-- ``(A) such participant or beneficiary shall not be deemed to be a fiduciary by reason of such exercise, and ``(B) no person who is otherwise a fiduciary shall be liable under this section for any loss, or by reason of any breach, which results from such participant's or beneficiary's exercise of control. ``(e) Notice Requirements.--The plan administrator for any Tribal pension plan shall cause to be furnished to each participant covered under the plan a summary plan description. The summary plan description and any notice of material modifications shall be provided or made available to participants within a reasonable period following the effective date of a participant's coverage or the effective date of material changes to the plan, as applicable. The summary plan description shall-- ``(1) be written in a manner calculated to be understood by the average plan participant, ``(2) be sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of their rights and obligations under the plan, and ``(3) specify any material modification in the terms to the plan made after the previous summary plan description. ``(f) Persons Empowered To Bring a Civil Action.--In the case of a Tribal pension plan, a civil action may be brought-- ``(1) by a participant or beneficiary to recover benefits due under the terms of the plan, to enforce rights under the terms of the plan, or to clarify rights to future benefits under the terms of the plan; ``(2) by a participant, beneficiary, or fiduciary for relief for any loss for which a fiduciary is personally liable under this section; and ``(3) by a participant, beneficiary, or fiduciary-- ``(A) to enjoin any act or practice which violates any provision of the uniform protection and protections and fiduciary standards for Tribal pension plans, or ``(B) to obtain other appropriate equitable relief-- ``(i) to redress such violations, or ``(ii) to enforce any provisions of the uniform protections and fiduciary standards for Tribal pension plans or the terms of the plan. ``(g) Status of Tribal Pension Plan as Entity.--A Tribal pension plan may sue or be sued under this section as an entity. Service of summons, subpoena, or other legal process of a court upon a trustee or an administrator of a Tribal pension plan in such capacity shall constitute service upon the Tribal pension plan. Any money judgment under this section against a Tribal pension plan shall be enforceable only against the plan as an entity and shall not be enforceable against any other person or entity. ``(h) Jurisdiction.--Enforcement actions related to the uniform protections and fiduciary standards for Tribal pension plans shall be in the applicable Tribal court unless the Indian tribal government has opted to limit Tribal court jurisdiction for such actions in favor of Federal court enforcement. In the absence of an established Tribal court, or for Indian tribal governments who have elected to limit their Tribal court's jurisdiction to exclude claims for enforcing the uniform protections and fiduciary standards for Tribal pension plans, a participant or beneficiary may seek enforcement in the district court of the United States for the district where the plan has its principal office, or in the United States District for the District of Columbia. When applicable, the district courts of the United States shall have jurisdiction without respect to the amount in controversy or the citizenship of the parties. ``(i) Attorney's Fees and Costs.--The court, in its discretion, may allow an award of reasonable attorney's fees and costs to a participant, beneficiary, or fiduciary who prevails in an action to enforce the uniform protections and fiduciary standards for Tribal pension plans. ``(j) Coordination With Other Tribal Laws and Protections.--Nothing in this section shall preempt or otherwise prevent an Indian Tribe from adopting additional laws and protections not inconsistent with this section. ``(k) Regulations.--The Secretary shall work with the Tribal Advisory Committee established pursuant to section 3 of the Tribal General Welfare Exclusion Act of 2014, and in consultation with Indian tribal governments and relevant governmental agencies, to develop regulatory guidance under this section, as well as the enforcement of such standards.''. (2) Clerical amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7531. Uniform protections and fiduciary standards for Tribal pension plans.''. (d) Conforming Amendment.--The last sentence of section 3(32) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)) is amended to read as follows: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or Tribal law which is wholly owned or controlled by any of the foregoing.''. (e) Effective Date.--The amendments made by this section shall apply to years beginning after the date of the enactment of this Act. (f) Transition Provisions.--The Secretary of the Treasury (or the Secretary's delegate) shall, in consultation with the Tribal Advisory Committee established under section 3 of the Tribal General Welfare Exclusion Act of 2014 (26 U.S.C. 139E note), and in consultation with Indian tribal governments, develop guidance on the transition of plans to meet requirements added or changed by the amendments made by this section, including publication of transition relief if appropriate. The Secretary of the Treasury (or the Secretary's delegate) is authorized to extend deadlines imposed by the Internal Revenue Code of 1986 to reflect any such transition relief (and to coordinate such transition relief with relevant governmental agencies) as well as time for plan sponsors to adopt amendments and implement required changes. SEC. 5. TREATMENT OF TRIBAL FOUNDATIONS AND CHARITIES LIKE CHARITIES FUNDED AND CONTROLLED BY OTHER GOVERNMENTAL FUNDERS AND SPONSORS. (a) In General.--Section 170(b)(1)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``For purposes of clause (vi), the term `governmental unit' includes an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or Tribal law which is wholly owned or controlled by any of the foregoing.''. (b) Certain Supporting Organizations.--Section 509(a) of such Code is amended by adding at the end the following: ``For purposes of paragraph (3), an organization described in paragraph (2) shall be deemed to include an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or Tribal law which is wholly owned or controlled by any of the foregoing .''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. IMPROVING EFFECTIVENESS OF TRIBAL CHILD SUPPORT ENFORCEMENT AGENCIES. (a) Amendment to the Social Security Act.--Section 464 of the Social Security Act (42 U.S.C. 664) is amended by adding at the end the following: ``(d) Applicability to Indian Tribes and Tribal Organizations Eligible for a Grant Under This Part.--This section, except for the requirement to distribute amounts in accordance with section 457, shall apply to an Indian Tribe or Tribal organization eligible for a grant under section 455(f) in the same manner in which this section applies to a State with a plan approved under this part.''. (b) Amendment to the Internal Revenue Code.--Subsection (c) of section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``For purposes of this subsection, any reference to a State shall include a reference to any Indian Tribe or Tribal organization described in section 464(d) of the Social Security Act.''. SEC. 7. RECOGNIZING INDIAN TRIBAL GOVERNMENTS FOR PURPOSES OF DETERMINING UNDER THE ADOPTION CREDIT WHETHER A CHILD HAS SPECIAL NEEDS. (a) In General.--Section 23(d)(3) of the Internal Revenue Code of 1986 (defining child with special needs) is amended-- (1) in subparagraph (A), by inserting ``or Indian tribal government'' after ``a State''; and (2) in subparagraph (B), by inserting ``or Indian tribal government'' after ``such State''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. NEW MARKETS TAX CREDIT FOR TRIBAL AREA INVESTMENTS. (a) Additional Allocations for Tribal Area.-- (1) In general.--Section 45D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Additional allocations for tribal area investments.-- ``(A) In general.--In the case of each calendar year after 2024, there is (in addition to any limitation under any other paragraph of this subsection) a new markets tribal area tax credit limitation of $175,000,000 which shall be allocated by the Secretary as provided in paragraph (2) except-- ``(i) that such allocation shall only be allocated with respect to qualified tribal area investments, and ``(ii) in addition to the priorities described in paragraph (2), the Secretary may give priority to any entity with a record of having successfully provided capital or technical assistance in tribal statistical areas. ``(B) Carryover of unused new markets tribal area tax credit limitation.-- ``(i) In general.--If the new markets tribal area tax credit limitation under subparagraph (A) for any calendar year exceeds the amount of such limitation allocated by the Secretary for such calendar year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. ``(ii) Limitation on carryover.--No amount of new markets tribal area tax credit limitation may be carried under clause (i) past the 5th calendar year following the calendar year in which such amount of new markets tribal area tax credit limitation arose. ``(iii) Transfer of expired new markets tribal area tax credit limitation to general limitation.--In the case of any amount of new markets tribal area tax credit limitation which would (but for clause (ii)) be carried under clause (i) to the 6th calendar year following the calendar year in which such amount of new markets tribal area credit limitation arose, the new market tax credit limitation under paragraph (1) for such 6th calendar year shall be increased by the amount of such new markets tribal area tax credit limitation. ``(C) Allocations restricted to qualified tribal area investments.--In the case of any new markets tribal area tax credit limitation-- ``(i) subsection (b)(1)(B) shall be applied by substituting `qualified tribal area investments' for `qualified low-income community investments', and ``(ii) subsections (b)(2) and (g)(3)(B) shall be applied separately with respect to such limitation. ``(D) Qualified tribal area investments.--For purposes of this paragraph, the term `qualified tribal area investment' means-- ``(i) any capital or equity investment in, or loan to, any qualified active tribal community business, ``(ii) the purchase from another community development entity of any loan made by such entity which is a qualified tribal area investment, ``(iii) financial counseling and other services specified in regulations prescribed by the Secretary to businesses located in, and residents of, tribal statistical areas, and ``(iv) any equity investment in, or loan to, any qualified community development entity if substantially all of the proceeds of such investment or loan are used by such qualified community development entity to make qualified tribal area investments. ``(E) Qualified active tribal community business.-- For purposes of this paragraph-- ``(i) In general.--The term `qualified active tribal community business' has the meaning which would be given the term `qualified active low-income community business' under subsection (d)(2) if `tribal statistical area' were substituted for `low- income community' each place it appears therein. ``(ii) Inclusion of certain qualified active low-income community businesses which serve tribal areas.--The term `qualified active tribal community business' includes any qualified active low-income community business which-- ``(I) provides good or services to a significant population of Tribal, Alaska Native village, or Native Hawaiian community members, who are residents of a tribal statistical area, and ``(II) obtains a written statement from one or more relevant Indian tribal governments (as defined in section 7871(b)(4)(A)) (or, in the case of Native Hawaiian community members, the Department of Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4221)) that documents the eligibility of such qualified active low-income community business with respect to the requirement of subclause (I). ``(F) Tribal statistical area.-- For purposes of this paragraph, the term `tribal statistical area' means any low-income community which is located in any area determined by the Secretary, after consultation with the Bureau of the Census, as a Tribal Census Tract, Oklahoma Tribal Statistical Area, Tribal- Designated Statistical Area, Alaska Native Village Statistical Area, or Hawaiian Home Lands.''. (2) Effective date.--The amendment made by this subsection shall apply to new markets tribal area tax credit limitation determined for calendar years after December 31, 2024. (b) Educational and Technical Assistance Related to Qualified Tribal Area Investments.--Section 45D of such Code is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Education and Technical Assistance Related to Investments With Respect to Tribal Statistical Areas.--Not later than 180 days after the date of the enactment of this paragraph, the Secretary, after consultation with the Office of Tribal and Native Affairs, the Community Development Financial Institutions Fund, and other appropriate Federal agencies, shall establish a program to provide educational and technical assistance to qualified community development entities with respect to-- ``(1) applications for, and the appropriate use of-- ``(A) new markets tribal area tax credit limitation, and ``(B) new markets tax credit limitation with respect to investments with respect to tribal statistical areas, and ``(2) in the case of any qualified community development entity which has been allocated limitation described in subparagraph (A) or (B) of paragraph (1), technical issues specifically associated with investments with respect to tribal statistical areas.''. SEC. 9. INCLUSION OF INDIAN AREAS AS DIFFICULT DEVELOPMENT AREAS FOR PURPOSES OF CERTAIN BUILDINGS. (a) In General.--Subclause (I) of section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ``, and any Indian area''. (b) Indian Area.--Clause (iii) of section 42(d)(5)(B) of such Code is amended by redesignating subclause (II) as subclause (IV) and by inserting after subclause (I) the following new subclauses: ``(II) Indian area.--For purposes of subclause (I), the term `Indian area' means any Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self Determination Act of 1996 (25 U.S.C. 4103(11))). ``(III) Special rule for buildings in indian areas.--In the case of an area which is a difficult development area solely because it is an Indian area, a building shall not be treated as located in such area unless such building is assisted or financed under the Native American Housing Assistance and Self Determination Act of 1996 (25 U.S.C. 4101 et seq.) or the project sponsor is an Indian Tribe (as defined in section 45A(c)(6)), a tribally designated housing entity (as defined in section 4(22) of such Act (25 U.S.C. 4103(22))), or wholly owned or controlled by such an Indian Tribe or tribally designated housing entity.''. (c) Effective Date.--The amendments made by this section shall apply to buildings placed in service after December 31, 2024. SEC. 10. TRIBAL GENERAL WELFARE AND TRUST PROGRAMS CLARIFICATION. (a) In General.--Section 1612(b) of the Social Security Act (42 U.S.C. 1382a(b)) is amended by striking ``; and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``; and'', and by adding at the end the following new paragraph: ``(27) any Indian general welfare benefit (as defined in section 139E of the Internal Revenue Code of 1986).''. (b) Exclusion From Resources.--Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) is amended by striking ``; and'' at the end of paragraph (16) and by inserting after paragraph (17) the following new paragraphs: ``(18) for the 9-month period beginning after the month in which received, any Indian general welfare benefit (within the meaning of section 139E of the Internal Revenue Code of 1986); and ``(19) any grantor trust established by an Indian tribe for the benefit of Indians and for which the Indian tribe is the grantor (within the meaning of subpart E of part 1 of subchapter J of chapter 1 of the Internal Revenue Code of 1986).''. SEC. 11. INDIAN EMPLOYMENT TAX CREDIT. (a) Extension.--Section 45A of the Internal Revenue Code of 1986 is amended by striking subsection (f). (b) Modification of Determination of Amount of Credit.--Paragraph (2) of section 45A(a) of such Code is amended to read as follows: ``(2) the quotient of-- ``(A) the sum of the qualified wages and qualified employee health insurance costs which were paid or incurred by the employer (or any predecessor) during the two most recent calendar years ending before the beginning of such taxable year, divided by ``(B) 2.''. (c) Increased Limitation.--Section 45A(b)(3) of such Code is amended by striking ``$20,000'' and inserting ``$30,000''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2024. SEC. 12. EXCLUSION FROM GROSS INCOME FOR PAYMENTS UNDER INDIAN HEALTH SERVICE LOAN REPAYMENT PROGRAM. (a) In General.--Paragraph (4) of section 108(f) of the Internal Revenue Code of 1986 is amended by inserting ``under section 108 of the Indian Health Care Improvement Act,'' after ``338I of such Act,''. (b) Clerical Amendment.--The heading for section 108(f)(4) of such Code is amended by inserting ``, indian health service loan repayment program,'' before ``and certain''. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC. 13. EXCLUSION OF CERTAIN AMOUNTS RECEIVED UNDER INDIAN HEALTH PROFESSIONS SCHOLARSHIPS PROGRAM. (a) In General.--Paragraph (2) of section 117(c) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(D) the Indian Health Professions Scholarships Program under section 104 of the Indian Health Care Improvement Act.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts received in taxable years beginning after December 31, 2024. <all>

usgpo

2024-06-24T00:12:44.771885

BILLS-118sres695ats

Expressing support for the designation of May 2024 as Motorcycle Safety Awareness Month.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. Res. 695 Agreed to Senate (ATS)] <DOC> 118th CONGRESS 2d Session S. RES. 695 Expressing support for the designation of May 2024 as ``Motorcycle Safety Awareness Month''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 16, 2024 Mr. Peters (for himself and Ms. Ernst) submitted the following resolution; which was considered and agreed to _______________________________________________________________________ RESOLUTION Expressing support for the designation of May 2024 as ``Motorcycle Safety Awareness Month''. Whereas, according to the Motorcycle Industry Council, motorcycling is a great tradition enjoyed by an estimated 30,000,000 individuals annually in the United States, representing approximately 9 percent of the population; Whereas motorcycles are a valuable component of the transportation mix; Whereas motorcycles are fuel-efficient and decrease congestion while having little impact on the transportation infrastructure of the United States; Whereas the motorcycling community promotes rider safety education, licensing, and motorcycle awareness; Whereas the motorcycling community is committed to decreasing motorcycle crashes through training and safety education, personal responsibility, and increased public awareness; Whereas, according to the Motorcycle Industry Council, approximately 87 percent of motorcycles are operated on highways in conjunction with other vehicles; Whereas motorcyclist fatalities occur more frequently than passenger vehicle motorist fatalities; Whereas motorcycle awareness is beneficial to all road users and will help decrease motorcycle crashes; and Whereas the National Highway Traffic Safety Administration promotes Motorcycle Safety Awareness Month to encourage riders to be properly licensed, receive training, and wear personal protective equipment, and to remind all riders and motorists to always share the road: Now, therefore, be it Resolved, That the Senate-- (1) supports the designation of May 2024 as ``Motorcycle Safety Awareness Month''; (2) recognizes the contribution of motorcycles to the transportation mix; (3) encourages motorcycle awareness by all road users; (4) recognizes that motorcyclists have a right to the road and that all motorists should safely share the roadways; (5) encourages rider safety education, training, and proper gear for safe motorcycle operation; and (6) supports the goals of Motorcycle Safety Awareness Month. <all>

usgpo

2024-06-24T00:12:45.068236

BILLS-118sres694is

Expressing support for the designation of May 2024 as Renewable Fuels Month to recognize the important role that renewable fuels play in reducing carbon impacts, lowering fuel prices for consumers, supporting rural communities, and lessening reliance on foreign adversaries.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. Res. 694 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. RES. 694 Expressing support for the designation of May 2024 as ``Renewable Fuels Month'' to recognize the important role that renewable fuels play in reducing carbon impacts, lowering fuel prices for consumers, supporting rural communities, and lessening reliance on foreign adversaries. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 16, 2024 Mr. Ricketts (for himself, Mr. Brown, Ms. Duckworth, Mr. Marshall, Mr. Thune, Ms. Ernst, Ms. Klobuchar, Mr. Moran, Ms. Smith, Mr. Grassley, Mrs. Fischer, and Mr. Rounds) submitted the following resolution; which was referred to the Committee on Energy and Natural Resources _______________________________________________________________________ RESOLUTION Expressing support for the designation of May 2024 as ``Renewable Fuels Month'' to recognize the important role that renewable fuels play in reducing carbon impacts, lowering fuel prices for consumers, supporting rural communities, and lessening reliance on foreign adversaries. Whereas the United States is the largest producer of biofuels in the world, which contributes to the domestic economy, creates jobs, and reduces greenhouse gas emissions; Whereas ethanol is a renewable fuel made of biomass from plant materials; Whereas, in 2023, more than 72,463 jobs in the United States were directly associated with the ethanol industry, with an additional 322,000 indirect and induced jobs supported across all sectors of the economy; Whereas the ethanol industry created $32,500,000,000 in household income and contributed more than $54,200,000,000 to the gross domestic product of the United States; Whereas ethanol and feed co-product production provide a valuable market for United States corn, as a typical dry mill ethanol plant adds nearly $2 of additional value to every bushel of corn processed; Whereas ethanol use reduces greenhouse gas emissions by between 44 and 52 percent compared to gasoline, and, by displacing hydrocarbon substances like aromatics in gasoline, ethanol also helps reduce emissions of air toxins, particulate matter, carbon monoxide, nitrous oxides, and exhaust hydrocarbons; Whereas, in 2023, ethanol played a vital role in bolstering the energy independence of the United States by supplementing nearly 525,000,000 barrels of crude oil; Whereas \1/3\ of every bushel processed by an ethanol plant is used to make distillers grains, one of the most efficient animal feeds available; Whereas biodiesel is a drop-in replacement for petroleum-based diesel fuel that is produced from renewable resources such as recycled cooking oil, soybean oil, distillers corn oil, canola oil, and animal fats; Whereas renewable diesel is an advanced biofuel, made from the same feedstocks as biodiesel, that reduces greenhouse gas emissions, while meeting the same standard specification for diesel fuels as petroleum-based diesel; Whereas producing a total of 6,000,000,000 gallons of biodiesel and renewable diesel would support 187,000 full-time equivalent jobs, with more than $8,800,000,000 in wages and $61,600,000,000 in total economic impact; Whereas biodiesel and renewable diesel can be used in existing diesel engines without modification and are available throughout the United States; Whereas advanced biofuels like biodiesel and renewable diesel reduce greenhouse gas emissions by at least 50 percent compared to petroleum-based diesel; Whereas biodiesel emits up to 80 percent less particulate matter than petroleum- based diesel, improving air quality and health outcomes; Whereas the production of biodiesel and renewable diesel adds to the total domestic fuel supply, reducing the price of all diesel fuel at the pump; Whereas, without the renewable fuel standard helping to drive production of biodiesel and renewable diesel, the value of soybeans grown by farmers in the United States would decrease by 8 percent; Whereas sustainable aviation fuel is made from renewable biomass and waste resources and can deliver the performance of petroleum-based jet fuel; and Whereas sustainable aviation fuel can be blended with conventional jet fuel and the use of sustainable or blended aviation fuel requires no infrastructure or equipment changes: Now, therefore, be it Resolved, That the Senate-- (1) supports the designation of May 2024 as ``Renewable Fuels Month''; and (2) recognizes-- (A) the important role renewable fuels play in reducing the carbon impact of the United States; (B) the ability of renewable fuels to lower fuel prices for consumers; (C) the support to rural communities that renewable fuel industries provide; and (D) the opportunity that the production of renewable fuels provides to lessen the reliance of the United States on foreign adversaries. <all>

usgpo

2024-06-24T00:12:45.177557

DCPD-2024NOMINATIONS

Nominations Submitted to the Senate

Administration of Joseph R. Biden, Jr., 2024 June 14, 2024 The following list does not include promotions of members of the Uniformed Services, nominations to the Service Academies, or nominations of Foreign Service Officers. Submitted January 8 Seth Robert Aframe, of New Hampshire, to be United States Circuit Judge for the First Circuit, vice Jeffrey R. Howard, retired. Irving W. Bailey II, of Florida, to be a Member of the Board of Directors of the United States International Development Finance Corporation for a term of three years. (Reappointment) Amy M. Baggio, of Oregon, to be United States District Judge for the District of Oregon, vice Marco A. Hernandez, retiring. Jacqueline Becerra, of Florida, to be United States District Judge for the Southern District of Florida, vice Marcia G. Cooke, retired. Nicole G. Berner, of Maryland, to be United States Circuit Judge for the Fourth Circuit, vice Diana Gribbon Motz, retired. Ron Borzekowski, of Maryland, to be Director, Office of Financial Research, Department of the Treasury, for a term of six years, vice Dino Falaschetti. Carol Moseley Braun, of Illinois, to be a Member of the Board of Directors of the African Development Foundation for a term expiring September 22, 2029, vice Iqbal Paroo, term expired. Cristal C. Brisco, of Indiana, to be United States District Judge for the Northern District of Indiana, vice Theresa Lazar Springmann, retired. Derek H. Chollet, of Nebraska, to be Under Secretary of Defense for Policy, vice Colin Hackett Kahl, resigned. Melissa Griffin Dalton, of Virginia, to be Under Secretary of the Air Force, vice Gina Maria Ortiz Jones. Melissa Damian, of Florida, to be United States District Judge for the Southern District of Florida, vice Ursula Namcusi Ungaro, retired. Hampton Y. Dellinger, of North Carolina, to be Special Counsel, Office of Special Counsel, for the term of five years, vice Henry Kerner, term expired. Jennifer D. Gavito, of Colorado, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the State of Libya. Rebecca Lee Haffajee, of Massachusetts, to be an Assistant Secretary of Health and Human Services, vice Richard G. Frank. Cathy Ann Harris, of Maryland, to be Chairman of the Merit Systems Protection Board, vice Susan Tsui Grundmann. Jon M. Holladay, of Virginia, to be Chief Financial Officer, Department of Agriculture, vice Jon M. Holladay. Mustafa Taher Kasubhai, of Oregon, to be United States District Judge for the District of Oregon, vice Ann L. Aiken, retired. Ronald T. Keohane, of New York, to be an Assistant Secretary of Defense, vice James N. Stewart. Henry J. Kerner, of Virginia, to be a Member of the Merit Systems Protection Board for the term of seven years expiring March 1, 2030, vice Tristan Lynn Leavitt, term expired. Edward Sunyol Kiel, of New Jersey, to be United States District Judge for the District of New Jersey, vice Kevin McNulty, retiring. Colleen Duffy Kiko, of North Dakota, to be a Member of the Federal Labor Relations Authority for a term of five years expiring July 29, 2027. (Reappointment) Joshua Paul Kolar, of Indiana, to be United States Circuit Judge for the Seventh Circuit, vice Michael S. Kanne, deceased. Joseph Albert Laroski, Jr., of Maryland, to be a Judge of the United States Court of International Trade, vice Timothy C. Stanceu, retired. Eumi K. Lee, of California, to be United States District Judge for the Northern District of California, vice William H. Orrick, III, retired. David Seymour Leibowitz, of Florida, to be United States District Judge for the Southern District of Florida, vice Federico A. Moreno, retired. Gretchen S. Lund, of Indiana, to be United States District Judge for the Northern District of Indiana, vice Jon E. DeGuilio, retired. Adeel Abdullah Mangi, of New Jersey, to be United States Circuit Judge for the Third Circuit, vice Joseph A. Greenaway, Jr., retired. Ramona Villagomez Manglona, of the Northern Mariana Islands, to be Judge for the District Court for the Northern Mariana Islands for a term of ten years. (Reappointment) Vivek Hallegere Murthy, of Florida, to be Representative of the United States on the Executive Board of the World Health Organization, vice Brett P. Giroir. Jeff Rezmovic, of Maryland, to be Chief Financial Officer, Department of Homeland Security, vice Troy D. Edgar. Deborah Robinson, of New Jersey, to be Intellectual Property Enforcement Coordinator, Executive Office of the President, vice Vishal J. Amin. Marjorie A. Rollinson, of Virginia, to be Chief Counsel for the Internal Revenue Service and an Assistant General Counsel in the Department of the Treasury, vice Michael J. Desmond. Sarah French Russell, of Connecticut, to be United States District Judge for the District of Connecticut, vice Sarah A.L. Merriam, elevated. Dorothy Camille Shea, of North Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during her tenure of service as Deputy Representative of the United States of America to the United Nations. Dorothy Camille Shea, of North Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be the Deputy Representative of the United States of America to the United Nations, with the rank and status of Ambassador Extraordinary and Plenipotentiary and the Deputy Representative of the United States of America in the Security Council of the United Nations. Kirk Edward Sherriff, of California, to be United States District Judge for the Eastern District of California, vice Ana Isabel de Alba, elevated. Elizabeth Shortino, of the District of Columbia, to be United States Executive Director of the International Monetary Fund for a term of two years, vice Margrethe Lundsager, resigned. Vanesa Soledad Simon, of Delaware, to be a Member of the National Council on the Arts for a term expiring September 3, 2024, vice Ranee Ramaswamy, term expired. Vanesa Soledad Simon, of Delaware, to be a Member of the National Council on the Arts for a term expiring September 3, 2030. (Reappointment) Julie Simone Sneed, of Florida, to be United States District Judge for the Middle District of Florida, vice Roy Bale Dalton, Jr., retired. Julie A. Su, of California, to be Secretary of Labor, vice Martin Joseph Walsh. Suzanne Elizabeth Summerlin, of Florida, to be General Counsel of the Federal Labor Relations Authority for a term of five years, vice Julia Akins Clark, term expired. Lisa W. Wang, of the District of Columbia, to be a Judge of the United States Court of International Trade, vice Leo Maury Gordon, retired. Richard L.A. Weiner, of the District of Columbia, to be United States Director of the European Bank for Reconstruction and Development, vice J. Steven Dowd. Erik John Woodhouse, of Virginia, to be Head of the Office of Sanctions Coordination, with the rank of Ambassador. Janet Louise Yellen, of California, to be United States Governor of the Inter-American Development Bank for a term of five years; United States Governor of the International Bank for Reconstruction and Development for a term of five years; and United States Governor of the International Monetary Fund for a term of five years, vice Steven T. Mnuchin. Janet Louise Yellen, of California, to be United States Governor of the European Bank for Reconstruction and Development, vice Steven T. Mnuchin. Submitted January 10 Ann Marie Mclff Allen, of Utah, to be United States District Judge for the District of Utah, vice David Nuffer, retired. Susan M. Bazis, of Nebraska, to be United States District Judge for the District of Nebraska, vice John M. Gerrard, retired. Ernest Gonzalez, of Texas, to be United States District Judge for the Western District of Texas, vice Frank Montalvo, retired. Robin Michelle Meriweather, of Virginia, to be a Judge of the United States Court of Federal Claims for a term of fifteen years, vice Patricia E. Campbell-Smith, retired. Kelly Harrison Rankin, of Wyoming, to be United States District Judge for the District of Wyoming, vice Nancy D. Freudenthal, retired. Leon Schydlower, of Texas, to be United States District Judge for the Western District of Texas, vice Philip R. Martinez, deceased. Submitted January 11 Jennifer M. Adams, of Virginia, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cabo Verde. Joseph R. Adams, of West Virginia, to be United States Marshal for the Northern District of West Virginia for the term of four years, vice J. C. Raffety, term expired. B. Bix Aliu, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Montenegro. David O. Barnett, Jr., of New Mexico, to be United States Marshal for the District of New Mexico for the term of four years, vice Sonya K. Chavez, term expired. Dale L. Bell, of Mississippi, to be United States Marshal for the Southern District of Mississippi for the term of four years, vice Mark B. Shepherd. Claria Horn Boom, of Kentucky, to be a Member of the United States Sentencing Commission for a term expiring October 31, 2029. (Reappointment) Tanya Monique Jones Bosier, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years, vice Gerald Fisher, retired. Arthur W. Brown, of Pennsylvania, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Ecuador. Nelson W. Cunningham, of the District of Columbia, to be a Deputy United States Trade Representative (Western Hemisphere, Europe, the Middle East, Labor, and Environment), with the rank of Ambassador, vice Jayme Ray White. Robert William Forden, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Cambodia. Clinton J. Fuchs, of Maryland, to be United States Marshal for the District of Maryland for the term of four years, vice Johnny Lewis Hughes, term expired. John Gleeson, of New York, to be a Member of the United States Sentencing Commission for a term expiring October 31, 2029. (Reappointment) Johnny C. Gogo, of California, to be United States Attorney for the District of Guam and concurrently United States Attorney for the District of the Northern Mariana Islands for the term of four years, vice Alicia Anne Garrido Limtiaco, term expired. Gary D. Grimes, Sr., of Arkansas, to be United States Marshal for the Western District of Arkansas for the term of four years, vice Gregory Scott Tabor, resigned. James R. Ives, of Virginia, to be Inspector General, Department of the Treasury, vice Eric M. Thorson. David J. Kostelancik, of Illinois, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Albania. David L. Lemmon, II, of West Virginia, to be United States Marshal for the Southern District of West Virginia for the term of four years, vice Michael T. Baylous, term expired. Stuart Alan Levey, of Maryland, to be a Member of the Board of Directors of the Millennium Challenge Corporation for a term of three years, vice Michael O. Johanns, term expired. Joshua S. Levy, of Massachusetts, to be United States Attorney for the District of Massachusetts for the term of four years, vice Rachael S. Rollins, resigned. Rebecca C. Lutzko, of Ohio, to be United States Attorney for the Northern District of Ohio for the term of four years, vice Justin E. Herdman, resigned. Leonardo Martinez-Diaz, of Maryland, to be United States Executive Director of the International Bank for Reconstruction and Development for a term of two years, vice Adriana Debora Kugler, resigned. Moshe Z. Marvit, of Pennsylvania, to be a Member of the Federal Mine Safety and Health Review Commission for a term of six years expiring August 30, 2028, vice Arthur R. Traynor III, term expired. Richard Mills, Jr., of Georgia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Nigeria. Roy W. Minter, Jr., of Georgia, to be United States Marshal for the Southern District of Georgia for the term of four years, vice David L. Lyons, term expired. Danny Lam Hoan Nguyen, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years, vice Fern Flanagan Saddler, retired. Adrienne Jennings Noti, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years, vice Frederick Howard Weisberg, retired. Kenechukwu Onyemaechi Okocha, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years, vice William Ward Nooter, retired. Katherine E. Oler, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years, vice John M. Campbell, retired. April M. Perry, of Illinois, to be United States Attorney for the Northern District of Illinois for the term of four years, vice John R. Lausch, Jr., resigned. Lisa Peterson, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Burundi. Judith E. Pipe, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years, vice Michael L. Rankin, retired. Michael Purnell, of Mississippi, to be United States Marshal for the Northern District of Mississippi for the term of four years, vice Daniel R. McKittrick, term expired. Stephen H Ravas, of Maryland, to be Inspector General, Corporation for National and Community Service, vice Deborah J. Jeffrey, resigned. Richard H. Riley IV, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Somalia. Elizabeth Rood, of Pennsylvania, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Turkmenistan. Michael Sfraga, of Alaska, to be Ambassador at Large for Arctic Affairs. Stephanie Sanders Sullivan, of Maryland, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Representative of the United States of America to the African Union, with the rank and status of Ambassador Extraordinary and Plenipotentiary. Margaret L. Taylor, of Maryland, to be Legal Adviser of the Department of State, vice Jennifer Gillian Newstead, resigned. Mark Toner, of Pennsylvania, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Liberia. Pamela M. Tremont, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Zimbabwe. Anne Marie Wagner, of Virginia, to be a Member of the Federal Labor Relations Authority for a term of five years expiring July 1, 2024, vice Ernest W. Dubester, term expired. Anne Marie Wagner, of Virginia, to be a Member of the Federal Labor Relations Authority for a term of five years expiring July 1, 2029. (Reappointment) Charles J. Willoughby, Jr., of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years, vice William M. Jackson, retired. Submitted January 25 Patrick John Fuchs, of Wisconsin, to be a Member of the Surface Transportation Board for a term expiring January 14, 2029. (Reappointment) Tracey Ann Jacobson, of Virginia, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iraq. Almo J. Carter, of the District of Columbia, to be a Commissioner of the United States Parole Commission for a term of six years, vice J. Patricia Wilson Smoot, term expired. Liliana Ayalde, of Florida, to be a Member of the Board of Directors of the Inter-American Foundation for a term expiring June 26, 2026, vice Juan Carlos Iturregui, term expired. Marcela Escobari, of Massachusetts, to be a Member of the Board of Directors of the Inter-American Foundation for a term expiring September 20, 2026, vice Adolfo A. Franco, term expired. Julio Guity-Guevara, of Maryland, to be a Member of the Board of Directors of the Inter-American Foundation for a term expiring October 6, 2028, vice Eduardo Arriola, term expired. Maria Fabiana Jorge, of the District of Columbia, to be a Member of the Board of Directors of the Inter-American Foundation for a term expiring September 20, 2028, vice Hector E. Morales, term expired. Brian A. Nichols, of Rhode Island, to be a Member of the Board of Directors of the Inter-American Foundation for a term expiring September 20, 2024, vice J. Kelly Ryan, term expired. Samuel E. Lathem, of Delaware, to be a Director of the Amtrak Board of Directors for a term of five years, vice Albert DiClemente, term expired. John W. Leslie, Jr., of Connecticut, to be a Member of the Board of Directors of the African Development Foundation for a term expiring September 22, 2025. (Reappointment) Monde Muyangwa, of Maryland, to be a Member of the Board of Directors of the African Development Foundation for a term expiring September 22, 2027, vice Linda I. Etim, term expired. Patrice J. Robinson, of Tennessee, to be a Member of the Board of Directors of the Tennessee Valley Authority for a term expiring May 18, 2028, vice William B. Kilbride, term expired. Submitted February 3 Amir H. Ali, of the District of Columbia, to be United States District Judge for the District of Columbia, vice Beryl Alaine Howell, retiring. Melissa R. DuBose, of Rhode Island, to be United States District Judge for the District of Rhode Island, vice William E. Smith, retiring. Sunil R. Harjani, of Illinois, to be United States District Judge for the Northern District of Illinois, vice Thomas M. Durkin, retired. Robert J. White, of Michigan, to be United States District Judge for the Eastern District of Michigan, vice Paul D. Borman, retired. Jasmine Hyejung Yoon, of Virginia, to be United States District Judge for the Western District of Virginia, vice Michael Francis Urbanski, retiring. Rebecca Suzanne Kanter, of California, to be United States District Judge for the Southern District of California, vice William Q. Hayes, retired. Rose E. Jenkins, of the District of Columbia, to be a Judge of the United States Tax Court for a term of fifteen years, vice Elizabeth Crewson Paris, term expired. Adam B. Landy, of South Carolina, to be a Judge of the United States Tax Court for a term of fifteen years, vice David Gustafson, term expired. Kashi Way, of Maryland, to be a Judge of the United States Tax Court for a term of fifteen years, vice Mark Van Dyke Holmes, term expired. Submitted February 7 Ernest Gonzalez, of Texas, to be United States District Judge for the Western District of Texas, vice Philip R. Martinez, deceased. Leon Schydlower, of Texas, to be United States District Judge for the Western District of Texas, vice Frank Montalvo, retired. Withdrawn February 7 Leon Schydlower, of Texas, to be United States District Judge for the Western District of Texas, vice Philip R. Martinez, deceased, which was sent to the Senate on January 10, 2024. Ernest Gonzalez, of Texas, to be United States District Judge for the Western District of Texas, vice Frank Montalvo, retired, which was sent to the Senate on January 10, 2024. Submitted February 8 Sarah Elizabeth Baker, of Virginia, to be General Counsel of the Department of Transportation, vice John Edward Putnam. Emily Edenshaw, of Alaska, to be a Member of the National Council on the Humanities for a term expiring January 26, 2028, vice Dorothy Kosinski, term expired. Margaret Mary FitzPatrick, of the District of Columbia, to be a Member of the National Council on the Humanities for a term expiring January 26, 2030, vice Katherine H. Tachau, term expired. Deborah Willis, of New York, to be a Member of the National Council on the Humanities for a term expiring January 26, 2028, vice Constance M. Carroll, term expired. Sanket Jayshukh Bulsara, of New York, to be United States District Judge for the Eastern District of New York, vice Joan Marie Azrack, retiring. Dena M. Coggins, of California, to be United States District Judge for the Eastern District of California, vice Kimberly J. Mueller, retiring. John E. Richardson, of Alabama, to be United States Marshal for the Middle District of Alabama for the term of four years, vice Jesse Seroyer, Jr., term expired. Eric C. Schulte, of South Dakota, to be United States District Judge for the District of South Dakota, vice Karen E. Schreier, retiring. Camela C. Theeler, of South Dakota, to be United States District Judge for the District of South Dakota, vice Jeffrey L. Viken, retired. Submitted February 27 Georgia N. Alexakis, of Illinois, to be United States District Judge for the Northern District of Illinois, vice Rebecca R. Pallmeyer, retiring. Matthew L. Gannon, of Iowa, to be United States Attorney for the Northern District of Iowa for the term of four years, vice Peter E. Deegan, Jr., resigned. Krissa M. Lanham, of Arizona, to be United States District Judge for the District of Arizona, vice Douglas L. Rayes, retiring. Nancy L. Maldonado, of Illinois, to be United States Circuit Judge for the Seventh Circuit, vice Ilana Diamond Rovner, retiring. Angela M. Martinez, of Arizona, to be United States District Judge for the District of Arizona, vice James Alan Soto, retiring. Sparkle L. Sooknanan, of the District of Columbia, to be United States District Judge for the District of Columbia, vice Florence Y. Pan, elevated. David C. Waterman, of Iowa, to be United States Attorney for the Southern District of Iowa for the term of four years, vice Marc Krickbaum, resigned. Submitted February 29 Dana Lynn Banks, of Pennsylvania, to be United States Director of the African Development Bank for a term of five years, vice Oren E. Whyche-Shaw. Judy W. Chang, of Massachusetts, to be a Member of the Federal Energy Regulatory Commission for a term expiring June 30, 2029, vice Allison Clements, term expiring. Mary E. Daschbach, of Rhode Island, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Togolese Republic. Troy Fitrell, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Seychelles. Joshua M. Harris, of Maryland, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the People's Democratic Republic of Algeria. Elizabeth K. Horst, of Minnesota, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Democratic Socialist Republic of Sri Lanka. David Rosner, of Massachusetts, to be a Member of the Federal Energy Regulatory Commission for a term expiring June 30, 2027, vice Richard Glick, term expired. Lindsay S. See, of West Virginia, to be a Member of the Federal Energy Regulatory Commission for a term expiring June 30, 2028, vice James P. Danly, term expired. Martin Joseph Walsh, of Massachusetts, to be a Governor of the United States Postal Service for a term expiring December 8, 2029, vice Donald Lee Moak, term expired. Submitted March 14 Jennifer L. Homendy, of Virginia, to be Chairman of the National Transportation Safety Board for a term of three years. (Reappointment) Jennifer L. Homendy, of Virginia, to be a Member of the National Transportation Safety Board for a term expiring December 31, 2029. (Reappointment) Kelly Adams-Smith, of New Jersey, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Moldova. Peter W. Lord, of Florida, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Senegal, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Guinea-Bissau. Jeremey Neitzke, of Illinois, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Lesotho. Submitted March 21 Rahkel Bouchet, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years, vice Robert E. Morin, retired. Christopher T. Hanson, of Michigan, to be a Member of the Nuclear Regulatory Commission for the term of five years expiring June 30, 2029. (Reappointment) Brian Edward Murphy, of Massachusetts, to be United States District Judge for the District of Massachusetts, vice Patti B. Saris, retiring. Rebecca L. Pennell, of Washington, to be United States District Judge for the Eastern District of Washington, vice Salvador Mendoza, Jr., elevated. Kevin Gafford Ritz, of Tennessee, to be United States Circuit Judge for the Sixth Circuit, vice Julia Smith Gibbons, retiring. Felix R. Sanchez, of the District of Columbia, to be a Member of the Board of Directors of the Corporation for Public Broadcasting for a term expiring January 31, 2028, vice Robert A. Mandell, term expired. Detra Shaw-Wilder, of Florida, to be United States District Judge for the Southern District of Florida, vice Robert N. Scola, Jr., retired. Michael Louis Sulmeyer, of California, to be an Assistant Secretary of Defense. (New Position) John Cuong Truong, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years, vice Wendell P. Gardner, Jr., retired. Jeannette A. Vargas, of New York, to be United States District Judge for the Southern District of New York, vice Paul G. Gardephe, retired. Daryle Williams, of California, to be a Member of the National Council on the Humanities for a term expiring January 26, 2030, vice Shelly Colleen Lowe, term expired. Bobby Jack Woods, of Kentucky, to be United States Marshal for the Eastern District of Kentucky for the term of four years, vice Norman Euell Arflack, term expired. Submitted April 11 Heather M. Cahoon, of Montana, to be a Member of the Board of Trustees of the Morris K. Udall and Stewart L. Udall Foundation for a term expiring October 6, 2024, vice Eric Drake Eberhard, term expired. Heather M. Cahoon, of Montana, to be a Member of the Board of Trustees of the Morris K. Udall and Stewart L. Udall Foundation for a term expiring October 6, 2030. (Reappointment) Ann C. Fisher, of South Dakota, to be a Commissioner of the Postal Regulatory Commission for a term expiring October 14, 2030. (Reappointment) Amanda S. Jacobsen, of Washington, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Equatorial Guinea. Ashley Jay Elizabeth Poling, of North Carolina, to be a Commissioner of the Postal Regulatory Commission for a term expiring November 22, 2030. (Reappointment) Shirley Sachi Sagawa, of Maryland, to be a Member of the Board of Directors of the Corporation for National and Community Service for a term expiring October 6, 2029. (Reappointment) Christophe Andre Tocco, of California, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Islamic Republic of Mauritania. Submitted May 2 Ronald L. Batory, of New Mexico, to be a Director of the Amtrak Board of Directors for a term of five years, vice Christopher R. Beall, term expired. Elaine Marie Clegg, of Idaho, to be a Director of the Amtrak Board of Directors for a term of five years, vice Yvonne Brathwaite Burke, term expired. Abigail L. Dressel, of Connecticut, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Angola, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Democratic Republic of Sao Tome and Principe. Marcus D. Graham, of Tennessee, to be a Member of the Farm Credit Administration Board, Farm Credit Administration, for a term expiring May 21, 2028, vice Glen R. Smith, term expired. James Holtsnider, of Iowa, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Independent State of Samoa. Matthew Kaplan, of Maryland, to be Federal Cochairperson of the Great Lakes Authority. (New Position) Tonya Parran Wilkerson, of Maryland, to be Under Secretary of Defense for Intelligence and Security, vice Ronald S. Moultrie, resigned. Submitted May 9 Shannon A. Estenoz, of Florida, to be Deputy Secretary of the Interior, vice Tommy P. Beaudreau, resigned. Christopher J. Lamora, of Rhode Island, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Central African Republic. David Slayton Meale, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the People's Republic of Bangladesh. Jeffrey Samuel Arbeit, of the District of Columbia, to be a Judge of the United States Tax Court for a term of fifteen years, vice Michael B. Thornton, resigned. Cathy Fung, of California, to be a Judge of the United States Tax Court for a term of fifteen years, vice Joseph H. Gale, retired. Benjamin A. Guider III, of Louisiana, to be a Judge of the United States Tax Court for a term of fifteen years, vice Richard T. Morrison, term expired. Submitted May 14 Adam B. Abelson, of Maryland, to be United States District Judge for the District of Maryland, vice James Kelleher Bredar, retired. Embry J. Kidd, of Florida, to be United States Circuit Judge for the Eleventh Circuit, vice Charles R. Wilson, retiring. Joseph Francis Saporito, Jr., of Pennsylvania, to be United States District Judge for the Middle District of Pennsylvania, vice Malachy Edward Mannion, retired. Meredith A. Vacca, of New York, to be United States District Judge for the Western District of New York, vice Frank Paul Geraci, Jr., retired. Submitted May 23 Bethany Pickett Shah, of Texas, to be a Member of the Board of Directors of the State Justice Institute for a term expiring September 17, 2025, vice John B. Nalbandian, resigned. Rebeccah L. Heinrichs, of Ohio, to be a Member of the United States Advisory Commission on Public Diplomacy for a term expiring July 1, 2024, vice Georgette Mosbacher, term expired. Rebeccah L. Heinrichs, of Ohio, to be a Member of the United States Advisory Commission on Public Diplomacy for a term expiring July 1, 2027. (Reappointment) Lauren McGarity McFerran, of the District of Columbia, to be a Member of the National Labor Relations Board for the term of five years expiring December 16, 2029. (Reappointment) Joshua L. Ditelberg, of Illinois, to be a Member of the National Labor Relations Board for the term of five years expiring December 16, 2027, vice John F. Ring, term expired. William Isaac White, of West Virginia, to be a Member of the Defense Nuclear Facilities Safety Board for a term expiring October 18, 2028, vice Jessie Hill Roberson, term expired. Stephanie E. Segal, of the District of Columbia, to be United States Alternate Executive Director of the International Monetary Fund for a term of two years, vice Sunil Sabharwal, resigned. Withdrawn May 23 Nelson W. Cunningham, of the District of Columbia, to be a Deputy United States Trade Representative (Western Hemisphere, Europe, the Middle East, Labor, and Environment), with the rank of Ambassador, vice Jayme Ray White, which was sent to the Senate on January 11, 2024. Submitted June 4 Karla M. Campbell, of Tennessee, to be United States Circuit Judge for the Sixth Circuit, vice Jane Branstetter Stranch, retiring. Catherine Henry, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsylvania, vice Edward G. Smith, deceased. Mary Kay Lanthier, of Vermont, to be United States District Judge for the District of Vermont, vice Geoffrey W. Crawford, retiring. Julia M. Lipez, of Maine, to be United States Circuit Judge for the First Circuit, vice William J. Kayatta, Jr., retiring. Submitted June 5 Mark G. Eskenazi, of Virginia, to be a Member of the Occupational Safety and Health Review Commission for a term expiring April 27, 2027, vice James J. Sullivan, Jr., term expired. Michael G. Heath, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Malawi. Kin Moy, of Maryland, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Socialist Republic of Vietnam. Julie Smith, of Michigan, to be an Under Secretary of State (Political Affairs), vice Victoria Nuland, resigned. James Story, of South Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Mozambique. Names: Abelson, Adam B.; Adams, Jennifer M.; Adams, Joseph R.; Adams-Smith, Kelly; Aframe, Seth R.; Alexakis, Georgia N.; Ali, Amir H.; Aliu, B. Bix; Allen, Ann Marie McIff; Arbeit, Jeffrey S.; Ayalde, Liliana; Baggio, Amy M.; Bailey, Irving W., II; Baker, Sarah E.; Banks, Dana L.; Barnett, David O., Jr.; Batory, Ronald L.; Bazis, Susan M.; Becerra, Jacqueline; Bell, Dale L.; Berner, Nicole G.; Boom, Claria Horn; Borzekowski, Ron; Bosier, Tanya M. Jones; Bouchet, Rahkel; Brisco, Cristal C.; Brown, Arthur W.; Bulsara, Sanket Jayshukh; Cahoon, Heather M.; Campbell, Karla M.; Carter, Almo J.; Chang, Judy W.; Chollet, Derek H.; Clegg, Elaine M.; Coggins, Dena M.; Cunningham, Nelson W.; Dalton, Melissa Griffin; Damian, Melissa; Daschbach, Mary E.; Dellinger, Hampton Y.; Ditelberg, Joshua L.; Dressel, Abigail L.; DuBose, Melissa R.; Edenshaw, Emily; Escobari, Marcela; Eskenazi, Mark G.; Estenoz, Shannon A.; Fisher, Ann C.; Fitrell, Troy; FitzPatrick, Margaret M.; Forden, Robert W.; Fuchs, Clinton J.; Fuchs, Patrick J.; Fung, Cathy; Gannon, Matthew L.; Gavito, Jennifer D.; Gleeson, John; Gogo, Johnny C.; Gonzalez, Ernest; Graham, Marcus D.; Grimes, Gary D., Sr.; Guider, Benjamin A., III; Guity- Guevara, Julio; Haffajee, Rebecca Lee; Hanson, Christopher T.; Harjani, Sunil R.; Harris, Cathy A.; Harris, Joshua M.; Heath, Michael G.; Heinrichs, Rebeccah L.; Henry, Catherine; Holladay, Jon M.; Holtsnider, James; Homendy, Jennifer L.; Horst, Elizabeth K.; Ives, James R.; Jacobsen, Amanda S.; Jacobson, Tracey A.; Jenkins, Rose E.; Jorge, Maria Fabiana; Kanter, Rebecca S.; Kaplan, Matthew; Kasubhai, Mustafa T.; Keohane, Ronald T.; Kerner, Henry J.; Kidd, Embry J.; Kiel, Edward S.; Kiko, Colleen Duffy; Kolar, Joshua P.; Kostelancik, David J.; Lamora, Christopher J.; Landy, Adam B.; Lanham, Krissa M.; Lanthier, Mary Kay; Laroski, Joseph A., Jr.; Lathem, Samuel E.; Lee, Eumi K.; Leibowitz, David S.; Lemmon, David L., II; Leslie, John W., Jr.; Levey, Stuart A.; Levy, Joshua S.; Lipez, Julia M.; Lord, Peter W.; Lund, Gretchen S.; Lutzko, Rebecca C.; Maldonado, Nancy L.; Mangi, Adeel A.; Manglona, Ramona Villagomez; Martinez, Angela M.; Martinez-Diaz, Leonardo; Marvit, Moshe Z.; McFerran, Lauren McGarity; Meale, David S.; Meriweather, Robin M.; Mills, Richard, Jr.; Minter, Roy W., Jr.; Moseley Braun, Carol; Moy, Kin; Murphy, Brian E.; Murthy, Vivek H.; Muyangwa, Monde; Neitzke, Jeremey; Nguyen, Danny Lam Hoan; Nichols, Brian A.; Noti, Adrienne Jennings; Okocha, Kenechukwu Onyemaechi; Oler, Katherine E.; Pennell, Rebecca L.; Perry, April M.; Peterson, Lisa; Pipe, Judith E.; Poling, Ashley J.E.; Purnell, Michael; Rankin, Kelly Harrison; Ravas, Stephen H.; Rezmovic, Jeff; Richardson, John E.; Riley, Richard H., IV; Ritz, Kevin G.; Robinson, Deborah; Robinson, Patrice J.; Rollinson, Marjorie A.; Rood, Elizabeth; Rosner, David; Russell, Sarah French; Sagawa, Shirley Sachi; Sanchez, Felix R.; Saporito, Joseph F., Jr.; Schulte, Eric C.; Schydlower, Leon; See, Lindsay S.; Segal, Stephanie E.; Sfraga, Michael; Shah, Bethany Pickett; Shaw-Wilder, Detra; Shea, Dorothy C.; Sherriff, Kirk E.; Shortino, Elizabeth; Simon, Vanesa Soledad; Smith, Julianne; Sneed, Julie S.; Sooknanan, Sparkle L.; Story, James; Su, Julie A.; Sullivan, Stephanie Sanders; Sulmeyer, Michael L.; Summerlin, Suzanne E.; Taylor, Margaret L.; Theeler, Camela C.; Tocco, Christophe A.; Toner, Mark; Tremont, Pamela M.; Truong, John C.; Vacca, Meredith A.; Vargas, Jeannette A.; Wagner, Anne Marie; Walsh, Martin J.; Wang, Lisa W.; Waterman, David C.; Way, Kashi; Weiner, Richard L.A.; White, Robert J.; White, William I.; Wilkerson, Tonya Parran; William, Daryle; Willis, Deborah; Willoughby, Charles J., Jr.; Woodhouse, Erik J.; Woods, Bobby J.; Yellen, Janet L.; Yoon, Jasmine Hyejung.

usgpo

2024-06-24T00:12:45.238829

DCPD-2024CHECKLIST

Checklist of White House Press Releases

Administration of Joseph R. Biden, Jr., 2024 June 14, 2024 The following list contains releases of the office of the Press Secretary that are neither printed items nor covered by entries in the Digest of Other White House Announcements. January 3 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby ICYMI: The Economic "Miracle" of 2023 January 4 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Transcript of a January 3 background press call by a senior administration official on recent attacks on commercial shipping by Houthi militants in the Red Sea Statement by National Economic Council Director Lael Brainard on the Department of Commerce announcement of the second preliminary memorandum of terms for approximately $162 million to be awarded to Microchip Technology Corp. Statement by National Security Adviser Jacob J. Sullivan congratulating Mohammed Sabah al-Salem al- Sabah on his appointment as Prime Minister of Kuwait January 6 ICYMI: Under President Biden, Electric Vehicle Sales Surge and Major Offshore Wind Project Starts Delivering Power January 8 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby ICYMI: New York Times: "Morning in America" Text of an Environmental Protection Agency press release: Biden-Harris Administration Announces Nearly $1B in Awards for Clean School Buses Across the Nation as Part of Investing in America Agenda January 9 Readout of National Security Adviser Jacob J. Sullivan's call with Director of the National Security Office Chan Ho-jin of South Korea January 10 Transcript of a January 9 press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Readout of Principal Deputy National Security Adviser Jonathan Finer's meeting with Minister of the International Liaison Department of the Central Committee of the Communist Party Liu Jianchao of China January 11 Transcript of a press briefing by Press Secretary Karine Jean-Pierre, National Security Council Coordinator for Strategic Communications John F. Kirby, and National Economic Council Director Lael Brainard Transcript of a January 10 background press call by a senior administration official on the upcoming elections in Taiwan Readout of Office of Intergovernmental Affairs Director Thomas E. Perez's travel to the Dominican Republic. Readout of Principal Deputy National Security Adviser Jonathan Finer's meeting with Senior Humanitarian and Reconstruction Coordinator for Gaza Sigrid Kaag of the United Nations. Readout of a follow-up White House meeting with pharmaceutical suppliers to discuss the manufacturing, distribution, and accessibility of RSV immunizations January 12 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Transcript of a background press call by senior administration officials and a senior military official on U.S. and coalition airstrikes against Houthi forces in Yemen Statement by National Security Council Spokesperson Adrienne Watson on the President's announcement that Secretary of Commerce Gina M. Raimondo will lead the Presidential Trade and Investment Mission to the Philippines on March 11 and 12 Fact sheet: President Biden Highlights Allentown, Lehigh Valley, and Pennsylvania's Economic Comeback January 16 Transcript of a teleconference press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Text: U.S.-UK Strategic Dialogue on Biological Security Readout of National Security Adviser Jacob J. Sullivan's meeting with Prime Minister Muhammad bin Abd al-Rahman bin Jassim Al Thani of Qatar Readout of National Security Adviser Jacob J. Sullivan's meeting with Prime Minister Muhammad Shia' al-Sudani of Iraq Readout of National Security Adviser Jacob J. Sullivan's meeting with Prime Minister Masrour Barzani of Iraq's Kurdistan Regional Government January 17 Statement by National Security Adviser Jacob J. Sullivan on the U.S. designation of the Yemen-based Houthi militants as a terrorist organization ICYMI: Axios: Americans Are Actually Pretty Happy With Their Finances Readout of a White House listening session: Leveraging the Workplace To Improve Financial Resilience—Emergency Savings and Student Loan Matches Fact sheet: Biden-Harris Administration Announces Improving Student Achievement Agenda in 2024 Transcript of January 16 remarks and a question-and-answer session by National Security Adviser Jacob J. Sullivan at the World Economic Forum in Davos, Switzerland January 18 Transcript of a January 17 press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Transcript of a press gaggle by Principal Deputy Press Secretary Olivia Alair Dalton and National Security Council Coordinator for Strategic Communications John F. Kirby Text of a joint statement by National Security Adviser Jacob J. Sullivan, National Security Adviser Akiba Takeo of Japan, and Director of National Security Hojin Chang of South Korea: U.S., Japan, and Republic of Korea Launch Cutting-Edge Quantum Collaboration Readout of National Security Adviser Jacob J. Sullivan's meeting with National Security Adviser Nuhu Ribadu of Nigeria Fact sheet: President Biden To Announce New Funding To Connect Thousands of Households in North Carolina to High-Speed Internet, Highlight Milestones in Lowering Costs, Expanding Internet Access to Everyone in America January 19 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Statement by the Press Secretary announcing that the President signed H.R. 2872 ICYMI: Consumer Sentiment Is Surging, Inflation Is Falling, and the Economy Is Growing Readout of a White House roundtable meeting on supporting survivors of stalking in recognition of National Stalking Awareness Month Fact sheet: Biden-Harris Administration Announces New Actions To Cut Electric Vehicle Costs for Americans and Continue Building Out a Convenient, Reliable, Made-in-America EV Charging Network January 20 Readout of a White House meeting on competition policy and artificial intelligence January 22 Readout of the upcoming travel of Special Adviser for the Americas Christopher J. Dodd and Commander of the U.S. Southern Command Gen. Laura J. Richardson (USA) to Ecuador Fact sheet: White House Task Force on Reproductive Healthcare Access Announces New Actions and Marks the 51st Anniversary of *Roe *v. *Wade* Advance text of remarks by National Economic Council Director Lael Brainard at the Brookings Institution: Place-Based Growth—Helping Communities Making a Comeback January 23 Transcript of a January 22 press briefing by Press Secretary Karine Jean-Pierre, White House Gender Policy Council Director Jennifer L. Klein, and National Security Council Coordinator for Strategic Communications John F. Kirby Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Statement by National Security Adviser Jacob J. Sullivan on the 20th anniversary of the Millennium Challenge Corporation Readout of National Security Adviser Jacob J. Sullivan's meeting with National Security Adviser Henrik Landerholm of Sweden Fact sheet: Biden-Harris Administration Highlights New Commitments Toward Equitable Workforce Development in Advanced Manufacturing January 24 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Statement by National Security Council Spokesperson Adrienne Watson on reported strikes against the United Nations Relief and Works Agency (UNRWA) facility in southern Gaza, Palestinian Territories What They Are Reading in the States: Record-Low Unemployment Rates Across the Country January 25 Transcript of a press gaggle by Principal Deputy Press Secretary Olivia Alair Dalton and National Security Council Coordinator for Strategic Communications John F. Kirby Statement by the Press Secretary: White House Announces New Actions To Promote Safe Storage of Firearms Statement by National Security Council Spokesperson Adrienne Watson on National Security Adviser Jacob J. Sullivan's travel to Thailand Statement by National Security Council Spokesperson Adrienne Watson on National Security Adviser Jacob J. Sullivan's meeting with Minister of Foreign Affairs Wang Yi of China in Bangkok, Thailand Fact sheet: President Biden Announces Nearly $5 Billion for Major Transportation Projects Nationwide Fact sheet: Biden-Harris Administration Announces New Actions To Expand Small Business Access to Federal Contracts Fact sheet: Biden-Harris Administration Holds Workforce Hub Convening in Phoenix, Announces Commitments To Support Talent Pipelines Into Good Jobs in Semiconductor Manufacturing January 26 Transcript of a press briefing by Press Secretary Karine Jean-Pierre, National Security Council Coordinator for Strategic Communications John F. Kirby, and National Climate Adviser Ali Zaidi Statement by the Press Secretary announcing that the President signed S. 3222 and S. 3250 Readout of National Security Adviser Jacob J. Sullivan's meetings with Prime Minister Settha Thawisin and Deputy Prime Minister and Minister of Foreign Affairs Panpri Phahitthanukon of Thailand Fact sheet: Biden-Harris Administration Announces Temporary Pause on Pending Approvals of Liquefied Natural Gas Exports January 27 Transcript of a background press call by a senior administration official on National Security Adviser Jacob J. Sullivan's meeting with Minister of Foreign Affairs Wang Yi of China What They Are Saying: Leaders Praise Biden-Harris Administration Pause on Pending Decisions of Liquefied Natural Gas Exports Readout of National Security Adviser Jacob J. Sullivan's meeting with Minister of Foreign Affairs Wang Yi of China January 28 Transcript of a background press call by senior administration officials on the U.S. delegation to the United States-People's Republic of China Counternarcotics Working Group's travel to Beijing, China Statement by National Security Council Spokesperson Adrienne Watson on Deputy Homeland Security Adviser Jennifer Daskal's leading an interagency delegation to Beijing, China, on January 30 and 31, to launch the United States-People's Republic of China Counternarcotics Working Group January 29 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby ICYMI: "Falling Inflation, Rising Growth Give U.S. the World's Best Recovery" Readout of National Security Adviser Jacob J. Sullivan's meeting with Secretary General Jens Stoltenberg of the North Atlantic Treaty Organization Fact sheet: Biden-Harris Administration Announces New Actions To Advance Pay Equity on the 15th Anniversary of the Lilly Ledbetter Fair Pay Act Fact sheet: Biden-Harris Administration Announces Key AI Actions Following President Biden's Landmark Executive Order Fact sheet: Biden-Harris Administration Announces Innovation Engines Awards, Catalyzing More Than $530 Million To Boost Economic Growth and Innovation in Communities Across America January 30 Transcript of a press gaggle by Principal Deputy Press Secretary Olivia Alair Dalton and National Security Council Coordinator for Strategic Communications John F. Kirby Readout of National Security Adviser Jacob J. Sullivan's meeting with Prime Minister Muhammad bin Abd al-Rahman bin Jassim Al Thani of Qatar Readout of the inaugural meeting of the United States-People's Republic of China Counternarcotics Working Group Readout of a White House event for the Quadrilateral Security Dialogue's STEM Fellows program participants January 31 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Statement by National Security Adviser Jacob J. Sullivan on Senior Adviser for Clean Energy Innovation and Implementation John R. Podesta assuming the duties of Special Presidential Envoy for Climate John F. Kerry ICYMI: Axios: "U.S. Winning World Economic War" Readout of the fifth ministerial meeting of the U.S.-EU Trade and Technology Council Readout of National Security Adviser Jacob J. Sullivan's meeting with Secretary of State for Defense Grant Shapps of the United Kingdom Readout of National Security Adviser Jacob J. Sullivan's meeting with Executive Vice-Presidents Margrethe Vestager and Valdis Dombrovskis of the European Commission Transcript of January 30 remarks and a question-and-answer session by National Security Adviser Jacob J. Sullivan on the future of China-U.S. relations at the Council on Foreign Relations Fact sheet: One Year After Train Derailment, Biden-Harris Administration Continues To Support People in East Palestine, Ohio and Nearby Communities and Hold Norfolk Southern Accountable February 1 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Transcript of a background press call on upcoming U.S. measures to address actions that undermine peace, security, and stability in the West Bank, Palestinian Territories Statement by the Press Secretary: President Biden Takes on Big Pharma and Is Lowering Prescription Drug Prices Statement by the Press Secretary: Interested Parties Memo: President Biden Takes on Big Pharma and Is Lowering Prescription Drug Prices Statement by National Security Adviser Jacob J. Sullivan on U.S. actions to promote peace, security, and stability in the West Bank, Palestinian Authorities Readout of a White House and Department of Agriculture discussion on advancing equity and opportunity in agriculture February 2 Transcript of an on-the-record press call by National Security Council Coordinator for Strategic Communications John F. Kirby and Director of Operations of the Joint Staff Lt. Gen. Douglas Sims on U.S. military operations in the Middle East Readout of a White House meeting with State legislators and advocates on progress advancing the Safer States Agenda for gun violence prevention efforts Readout of a White House Domestic Policy Council and National Endowment of the Arts national convening: "Healing, Bridging, Thriving: A Summit on Arts and Culture in Our Communities" February 3 Statement by the Press Secretary on legislation proposed by House Republicans to provide U.S. security assistance to Israel February 4 Fact sheet: Biden-Harris Administration Calls on Congress To Immediately Pass the Bipartisan National Security Agreement February 5 Transcript of a February 4 background press call by senior administration officials on the bipartisan Senate agreement for national security legislation Readout of Principal Deputy National Security Adviser Jonathan Finer's travel to Guyana and Colombia February 6 Transcript of an on-the-record press gaggle by National Security Council Coordinator for Strategic Communications John F. Kirby Statement by the Press Secretary announcing that the President signed S. 3427 Statement by National Security Council Spokesperson Adrienne Watson on National Security Adviser Jacob J. Sullivan's travel to Belgium Text of a U.S.-Colombia joint communique: The United States and Colombia Reaffirm Their Shared Commitments To Advancing Shared Regional Goals Readout of a White House meeting with community college presidents and provosts to discuss efforts to strengthen talent pipelines into growing sectors fueled by the President's "Investing in America" agenda Fact sheet: As Affordable Connectivity Program Hits Milestone of Providing Affordable High-Speed Internet to 23 Million Households Nationwide, Biden-Harris Administration Calls on Congress To Extend Its Funding Fact sheet: The Biden-Harris Administration Advances Equity and Opportunity for Black Americans and Communities Across the Country Fact sheet: Marking the Three-Year Anniversary of the National Security Memorandum on Revitalizing America's Foreign Policy and National Security Workforce, Institutions, and Partnerships February 7 Transcript of a February 6 press briefing by Press Secretary Karine Jean-Pierre Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Readout of Homeland Security Adviser Elizabeth D. Sherwood-Randall's travel to Mexico Fact sheet: Six Months After Maui Wildfires, Biden-Harris Administration Continues To Support Survivors and Impacted Communities February 8 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Council Coordinator for Strategic Communications John F. Kirby Transcript of a background press call by senior administration officials on meetings between U.S. and Mexican officials and the fourth meeting of the Trilateral Fentanyl Committee in Mexico Statement by Special Counsel to the President Richard A. Sauber on Department of Justice Special Counsel Robert K. Hur's report on the President's handling of classified documents from his tenure as Vice President and Senator Statement by Senior Adviser and American Rescue Plan Coordinator Eugene B. Sperling on the Senate Finance Committee bipartisan framework for antifraud legislation Text of a joint statement by Mexico, Canada, and the U.S. reaffirming the shared commitment to address the regional challenge of synthetic drugs and firearms trafficking Readout of a White House roundtable discussion on clean bus manufacturing Fact sheet: The Biden-Harris Administration Announces Historic Partnership With Major Sports Leagues and Players Unions February 9 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and Spokesman for the White House Counsel's Office Ian C. Sams Statement by the Press Secretary announcing that the President signed H.R. 1568 Statement by National Security Council Spokesperson Adrienne Watson on U.S. security assistance for Ecuador Statement by National Security Council Spokesperson Adrienne Watson marking the second anniversary of the President's Indo-Pacific Strategy Readout of a White House Community Violence Awareness Week event Readout of the White House Long-Term Care Facility Leadership Summit Fact sheet: Biden-Harris Administration Announces Over $5 Billion From the CHIPS and Science Act for Research, Development, and Workforce February 12 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Readout of an Office of Public Engagement event with Latino leaders marking Dominican Day at the White House Fact sheet: Lowering Home Energy Costs Through President Biden's Inflation Reduction Act February 13 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Statement by the Press Secretary on the U.S. District Court for the Western District of Texas decision in *NICA *v. *Becerra *concerning Centers for Medicare and Medicaid Services price negotiations with pharmaceutical companies ICYMI: CNBC: "Biden Has Forgiven $136 Billion in Student Debt. More Relief Is on the Way." Readout of a White House meeting with county officials on nationwide investment efforts in clean energy and manufacturing within underserved communities February 14 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Adviser Jacob J. Sullivan Statement by National Security Adviser Jacob J. Sullivan on the deferred enforced departure for Palestinians from the U.S. Fact sheet: Biden-Harris Administration Releases Annual Agency Equity Action Plans To Further Advance Racial Equity and Support for Underserved Communities Through the Federal Government Fact sheet: Biden-Harris Administration To Kick off Fourth Investing in America Tour To Highlight How the President Is Delivering for Communities in Every Corner of America Fact sheet: President's Interagency Task Force To Monitor and Combat Trafficking in Persons Meeting February 15 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby ICYMI: "Black Workers Are Enjoying a Jobs Boom in America" Text of a Department of Education press release: Biden-Harris Administration Takes Next Steps on Rulemaking To Provide Debt Relief to Student Loan Borrowers Experiencing Hardship Readout of a White House meeting to announce new small-business investment funds and reform efforts Advance text of remarks by National Economic Council Director Lael Brainard at the 40th annual National Association for Business Economics (NABE) Economic Policy Conference: Today's Strong Recovery Is Laying Solid Foundations for the Future February 16 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and Environmental Protection Agency Administrator Michael S. Regan Statement by the Press Secretary on the President's announcement of six new National Institutes of Health grants toward research and community engagement activities in East Palestine, OH Readout of a White House meeting on equity with national civil rights organizations, community organizers, advocates, and policy leaders February 17 ICYMI: The Wall Street Journal: "The Vindication of Biden's American Rescue Plan" What They Are Watching in the States: President Biden's Investing in America Agenda Continues To Deliver Across the Country February 19 Statement by Vice President Kamala D. Harris on the Department of Commerce preliminary agreement with GlobalFoundries Inc. under the CHIPS and Science Act to provide funding for the development and expansion of semiconductor manufacturing facilities in New York and Vermont February 20 Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Transcript of an on-the-record regional press call by National Security Adviser Jacob J. Sullivan on emergency national security supplemental appropriations legislation Fact sheet: Biden-Harris Administration Announces Nearly $6 Billion for Clean Drinking Water and Wastewater Infrastructure as Part of Investing in America Tour February 21 Transcript of a February 20 press gaggle by Press Secretary Karine Jean-Pierre Transcript of a February 20 on-the-record press call by senior administration officials on administration efforts to strengthen cybersecurity at U.S. ports Transcript of a February 20 press call by Secretary of Education Miguel A. Cardona, White House Deputy Chief of Staff Natalie H. Quillian, and senior administration officials on student debt cancellation Fact sheet: President Biden Cancels Student Debt for More Than 150,000 Student Loan Borrowers Ahead of Schedule Fact sheet: Biden-Harris Administration Announces Initiative To Bolster Cybersecurity of U.S. Ports Fact sheet: Biden-Harris Administration Launches Investing in Rural America Regional Event Series To Highlight How the President Is Delivering for Rural Communities February 22 Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby February 23 Transcript of a press briefing by Press Secretary Karine Jean-Pierre Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby ICYMI: Biden Administration's SAVE Plan Cancels Debt for 153,000 Student Loan Borrowers February 26 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Statement by National Security Adviser Jacob J. Sullivan on the Hungarian Parliament's ratification of Sweden's North Atlantic Treaty Organization accession process Text of a White House Office of the National Cyber Director press release: Future Software Should Be Memory Safe Readout of a White House Office of Public Engagement event celebrating the achievements of Black male leaders and entrepreneurs across the fields of professional sports, arts and design, media, academia, and finance Readout of a White House Office of Public Engagement event with Afro-Latino leaders to celebrate Afro- Latino Heritage Day February 27 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Fact sheet: The Biden-Harris Administration Announces Nearly $1.7 Billion in New Commitments Cultivated Through the White House Challenge To End Hunger and Build Healthy Communities February 28 Transcript of a press briefing by Press Secretary Karine Jean-Pierre Statement by the Press Secretary on Senate Republicans blocking efforts to safeguard nationwide access to in vitro fertilization following the Alabama Supreme Court ruling on frozen embryos Text of a memorandum from Physician to the President Kevin C. O'Connor to White House Press Secretary Karine Jean-Pierre: President Biden's current health summary Fact sheet: President Biden Issues Executive Order To Protect Americans' Sensitive Personal Data Fact sheet: President Biden's Actions To Fight Crime and Make Our Communities Safer February 29 Transcript of a press gaggle by Principal Deputy Press Secretary Olivia Alair Dalton and Secretary of Homeland Security Alejandro N. Mayorkas Readout of a White House roundtable meeting on improving job opportunities for communities affected by gun violence Readout of National Security Adviser Jacob J. Sullivan's meeting with Prime Minister Masrour Barzani of Iraq's Kurdistan Regional Government Readout of a White House meeting on childcare with national leaders to celebrate administration efforts to support Black children, families, and early educators during Black History Month Fact sheet: Impact of Bipartisan Border Agreement Funding on Border Operations Fact sheet: Biden-Harris Administration Takes Action To Address Risks of Autos From China and Other Countries of Concern Fact sheet: Biden-Harris Administration Announces New Actions To Boost Housing Supply and Lower Housing Costs Fact sheet: Vice President Harris Announces Action To Lower Child Care Costs for More Than 100,000 Families Fact sheet: Biden-Harris Administration Celebrates Third Anniversary of the Reestablishment of the White House Office of Faith-Based and Neighborhood Partnerships March 1 Statement by the Press Secretary on the U.S. District Court for the District of Delaware's decision in *AstraZeneca Pharmaceuticals LP *v. *Becerra *concerning the pharmaceutical industry's major claims against the Medicare Drug Price Negotiation Program Statement by the Press Secretary announcing that the President signed H.R. 7463 Readout of a White House meeting with advocacy groups to discuss the importance of protecting access to fertility services following the Alabama Supreme Court ruling on frozen embryos Readout of a White House Office of Gun Violence Prevention briefing with Department of Education and Historically Black Colleges and Universities on gun violence prevention and the importance of mental health support for victims of gun violence Readout of a White House roundtable meeting on efforts to increase Tribal access to capital March 2 Transcript of a March 1 press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Transcript of a background press call by senior administration officials on the U.S. humanitarian assistance airdrop into Gaza, Palestinian Territories March 4 Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Statement by National Security Council Spokesperson Adrienne Watson on U.S. sanctions on Zimbabwean individuals and entities March 5 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Statement by the Press Secretary: Biden-Harris Administration Announces the Application Period for Fall Session of the White House Internship Program Readout of National Security Adviser Jacob J. Sullivan's meeting with Prime Minister Mohammed bin Abdulrahman bin Jassim Al Thani of Qatar Readout of White House roundtable discussion with State government, private sector, and community pharmacy leaders on lowering health care costs and bringing transparency to prescription drug middlemen Fact sheet: President Biden Announces New Actions To Lower Costs for Americans by Fighting Corporate Rip-Offs Fact sheet: Biden-Harris Administration Protects Stability and Sustainability of Colorado River Basin, Advances Water Conservation Across the West March 6 Transcript of a press briefing by Press Secretary Karine Jean-Pierre Readout of National Security Adviser Jacob J. Sullivan's call with National Security Adviser Fholisani Sydney Mufamadi of South Africa Readout of the sixth meeting of the White House Competition Council Fact sheet: President Biden Signs Executive Order: Scaling and Expanding the Use of Registered Apprenticeships in Industries and the Federal Government and Promoting Labor-Management Forums Fact sheet: President Biden Takes New Steps To Lower Prescription Drug and Health Care Costs, Expand Access to Health Care, and Protect Consumers March 7 Transcript of a March 6 press call by National Economic Council Director Lael Brainard and senior administration officials previewing the President's State of the Union Address and economic agenda Transcript of a background press call by senior administration officials on humanitarian aid for Gaza ahead of the President's State of the Union Address Statement by the Press Secretary: The White House Announces Guest List for the First Lady's Box for the 2024 State of the Union Address ICYMI: Ahead of State of the Union, Mayors Across the Country Tout Local Impacts of President Biden's Investing in America Agenda Fact sheet: President Biden Is Taking Action To Lower Costs for Families and Fight Corporate Rip-Offs Fact sheet: President Biden Is Fighting To Reduce the Deficit, Cut Taxes for Working Families, and Invest in America by Making Big Corporations and the Wealthy Pay Their Fair Share Fact sheet: Biden-Harris Administration Continues the Fight for Reproductive Freedom Fact sheet: President Biden Announces Plan To Lower Housing Costs for Working Families Excerpts of the President's State of the Union Address Advance text of the President's State of the Union Address March 8 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Statement by the Press Secretary announcing that the President signed H.R. 7454 Readout of a White House meeting with United Nations Special Representative of the Secretary-General on Sexual Violence in Conflict Pramila Patten March 9 Statement by the Press Secretary announcing that the President signed H.R. 4366 March 11 Transcript of a press gaggle by Principal Deputy Press Secretary Olivia Alair Dalton Fact sheet: The President's Budget for Fiscal Year 2025 Fact sheet: The President's Budget Lowers Costs for the American People Fact sheet: The President's Budget Confronts Global Challenges and Defends Democracy Fact sheet: The President's Budget Cuts Wasteful Spending on Big Pharma, Big Oil, and Other Special Interests, Cracks Down on Systemic Fraud, and Makes Programs More Cost Effective Fact sheet: The President's Budget Advances President Biden's Unity Agenda Fact sheet: The President's Budget Delivers on His Commitment to Tribal Nations and Native Communities Fact sheet: The President's Budget Cuts Taxes for Working Families and Makes Big Corporations and the Wealthy Pay Their Fair Share Fact sheet: The President's Budget Protects and Strengthens Social Security and Medicare Fact sheet: The President's Budget Tackles Crime, Keeps Americans Safe at Home Fact sheet: The President's Budget Protects and Increases Access to Quality, Affordable Healthcare Fact sheet: The President's Budget Creates Opportunity, Advances Equity Fact sheet: The President's Budget Secures Our Border, Combats Fentanyl Trafficking, and Calls on Congress To Enact Critical Immigration Reform Fact sheet: The President's Budget Cuts the Deficit by $3 Trillion Over 10 Years Fact sheet: The President's Budget Improves Customer Experience To Better Serve the American People Fact sheet: The President's Budget Creates Good-Paying Clean Jobs, Cuts Energy Costs, and Delivers on the President's Ambitious Climate Agenda Fact sheet: The American Rescue Plan (ARP): Top Highlights From 3 Years of Recovery March 12 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Adviser Jacob J. Sullivan Transcript of a March 11 on-the-record press call by Office of Management and Budget Director Shalanda D. Young and Council of Economic Advisers Chair Jared Bernstein on the President's budget for fiscal year 2025 Fact sheet: On Equal Pay Day, the Biden-Harris Administration Announces Actions To Continue Advancing Pay Equity and Women's Economic Security Fact sheet: President Biden Announces Over $3 Billion To Reconnect Communities That Have Been Left Behind and Divided by Transportation Infrastructure Advance text of remarks by National Economic Council Director Lael Brainard at the Urban Institute on the President's plan for housing March 13 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Readout of a White House meeting with State legislative leaders on efforts to ensure access to fertility care Fact sheet: Biden-Harris Administration Launches the White House Challenge To Save Lives From Overdose March 14 Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Statement by National Security Council Spokesperson Adrienne Watson on the appointment of Mohammed Mustafa as Prime Minister of the Palestinian Authority ICYMI: President Biden Proposes Boldest Housing Plan in a Generation To Lower Housing Costs for Renters & Homebuyers ICYMI: AP: The United States Has Its First Large Offshore Wind Farm, With More To Come Readout of a White House Office of Gun Violence Prevention briefing with local leaders, public safety officials, and violence intervention organizations on the President's budget proposals aimed at reducing gun violence and violent crime Fact sheet: Biden-Harris Administration Takes Action To Protect Communities From Dangers of Ethylene Oxide Pollution and Secure America's Medical Supply Chains March 15 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby ICYMI: As Part of his Investing in America Agenda, President Biden Makes Historic Announcements To Reconnect and Rebuild Communities Across the Country Readout of Domestic Policy Council Director Neera N. Tanden and Deputy Secretary of Education Cindy Marten's meeting on efforts to improve academic performance through summer learning programs Readout of National Economic Council Director Lael Brainard's meeting with Federal Cochairs of six regional Commissions on economic development efforts in rural and distressed communities Fact sheet: Biden-Harris Administration Takes New Action To Crack Down on Junk Fees in Higher Education March 17 Transcript of a March 15 press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby March 18 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Adviser Jacob J. Sullivan Transcript of a background press call by senior administration officials on U.S. efforts to counter the misuse of commercial spyware and preview the third Summit for Democracy Statement by the Press Secretary announcing that the President signed S. 206 and S. 1858 Fact sheet: President Biden Issues Executive Order and Announces New Actions To Advance Women's Health Research and Innovation Fact sheet: Biden-Harris Administration Takes Historic Action To Ban Asbestos, Advancing Biden Cancer Moonshot Advance text of remarks by First Lady Jill T. Biden at the signing of the Executive order titled, "Advancing Women's Health Research and Innovation" March 19 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Statement by White House Press Secretary Karine Jean-Pierre on the U.S. Supreme Court's order allowing Texas immigration reform legislation to enter into effect Fact sheet: In Nevada, President Biden To Double Down on Plan To Lower Housing Costs and Increase Housing Supply for American Families March 20 Transcript of National Security Adviser Jacob J. Sullivan's news conference with Head of the Office of the President Andriy Yermak of Ukraine in Kyiv, Ukraine Statement by National Security Council Spokesperson Adrienne Watson on National Security Adviser Jacob J. Sullivan's visit to Kyiv, Ukraine Fact sheet: President Biden Announces up to $8.5 Billion Preliminary Agreement With Intel Under the CHIPS & Science Act Fact sheet: Delivering on the Biden-Harris Administration's Commitment to Democratic Renewal at the Third Summit for Democracy March 21 Transcript of a March 20 press gaggle by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Statement by National Security Adviser Jacob J. Sullivan on the U.N. General Assembly resolution on artificial intelligence for sustainable development What They Are Saying: Strongest-Ever Pollution Standards for Cars Will Reduce Pollution, Create Jobs, Cut Costs, and Ensure Companies and Workers Lead the Clean Vehicle Future Text of a statement released by the Council of Economic Advisers: The 2024 Economic Report of the President Text of the Economic Report of the President Fact sheet: 80% of House Republicans Release Plan Targeting Medicare, Social Security, and the Affordable Care Act, Raising Costs, and Cutting Taxes for the Wealthy March 22 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Statement by the Press Secretary announcing that the President signed S. 992 and S. 1278 ICYMI: President Biden Announces Preliminary Agreement With Intel for up to $8.5 Billion in CHIPS Funding, Part of Investing in America Agenda To Expand Domestic Semiconductor Manufacturing Stories in the States: How President Biden's Agenda Is Impacting Real People Across America Readout of Domestic Policy Council Director Neera N. Tanden and Deputy Secretary of Education Cynthia Minette Marten's meeting with members of the Council of Chief State School Officers (CCSSO) to discuss the administration's education agenda Readout of a White House "Communities in Action" forum: Maine, New Hampshire, and Vermont Fact sheet: House Republicans Endorse a National Abortion Ban With Zero Exceptions in Latest Budget Fact sheet: During Visit, Vice President Kamala Harris To Highlight Biden-Harris Administration's Historic Investments and Partnerships That Have Helped Lead to Puerto Rico's Economic Comeback Fact sheet: On World Water Day, Biden-Harris Administration Builds on Historic Progress To Protect Clean Drinking Water, Restore Our Nation's Rivers, Lakes, Ponds, and Wetlands March 23 Statement by the Press Secretary on the terrorist attack in Moscow, Russia Statement by the Press Secretary announcing that the President signed H.R. 2882 March 25 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Fact sheet: The Biden-Harris Administration Announces Month of Action on Care With New Actions To Support Small Businesses Fact sheet: 80% of House Republicans Propose Defunding COPS as President Biden Insists on Funding the Police March 26 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Transcript of a March 25 press call by Senior Adviser to the President Anita B. Dunn and a senior administration official on actions to make health care more affordable and accessible Readout of a White House Office of Gun Violence Prevention meeting with gun violence–affected mothers leading service organizations and survivor support efforts in their communities Readout of a White House roundtable meeting with survivors of gun violence and domestic violence Readout of National Security Adviser Jacob J. Sullivan's meeting with Secretary of the National Security Secretariat Takeo Akiba of Japan Fact sheet: As House Republicans Release Budget To Increase Health Care Costs and Take Away Coverage, President Biden and Vice President Harris Fight To Lower Health Care Costs and Protect and Strengthen the ACA, Medicaid, and Medicare March 27 Transcript of a press briefing by Press Secretary Karine Jean-Pierre, Secretary of Transportation Peter P.M. Buttigieg, and U.S. Coast Guard Deputy Commandant for Operations Vice Adm. Peter W. Gautier, USCG What They Are Saying: As Part of the Cancer Moonshot, First Lady Jill Biden, Leading Health Insurers & Oncology Practices Nationwide Highlight New Actions To Expand Patient Navigation Fact sheet: Vice President Kamala Harris, Administration Officials Launch "SAVE Day of Action" To Highlight Cross-Sector Actions To Boost Enrollment in the SAVE Plan March 28 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Statement by the Press Secretary: White House Announces Theme and Activities for the 2024 White House Easter Egg Roll Statement by National Economic Council Director Lael Brainard on U.S. gross domestic product for the fourth quarter of 2023 and consumer sentiment in March Text of a Department of Transportation and Federal Highway Administration press release: Biden-Harris Administration Announces $60 Million for Emergency Work in Wake of the Collapse of the Francis Scott Key Bridge in Baltimore Text of a Department of Transportation press release: Readout of Secretary Buttigieg's Meeting on Supply Chain Disruptions at the Port of Baltimore Readout of a National Economic Council meeting with the Supply Chain Disruptions Task Force to discuss potential impacts on regional and national supply chains from the collapse of the Francis Scott Key Bridge and partial closure of the Port of Baltimore Fact sheet: President Biden Announces New Landmark Rule To Protect Americans From Junk Health Insurance Fact sheet: President Biden Signs Executive Order To Strengthen the Recognition of Women's History March 29 Statement by National Security Council Spokesperson Adrienne Watson on Russia's attacks on Ukraine's energy infrastructure Text of a Department of Agriculture press release: Readout of Meeting With Agricultural Stakeholders on the Port of Baltimore and Francis Scott Key Bridge Collapse Readout of a National Economic Council meeting with the Supply Chain Disruptions Task Force to discuss impacts from the collapse of the Francis Scott Key Bridge and partial closure of the Port of Baltimore Readout of Principal Deputy National Security Adviser Jonathan Finer's meeting on the situation in Haiti with leaders of civil rights groups Fact sheet: Update on the United States Commitment to Expanding Access to Medicines Around the World March 30 ICYMI: In Commemoration of César Chávez Day, President Biden Reinforces Commitment to Latinos and Unions Text of a Small Business Administration press release: SBA Offers Economic Assistance to Mid-Atlantic Small Businesses Affected by the Francis Scott Key Bridge Collapse Readout of a White House roundtable discussion on countering hate-fueled violence April 1 Transcript of a press briefing by Press Secretary Karine Jean-Pierre Text of a joint statement on the meeting of the U.S.-Israel Strategic Consultative Group Text of a Small Business Administration press release: SBA Opens Two Business Recovery Centers To Support Small Businesses Amid Francis Scott Key Bridge Collapse Readout of National Security Adviser Jacob J. Sullivan's call with National Security Adviser Eduardo M. Año of the Philippines April 2 Transcript of a background press call by senior administration officials on China-U.S. relations ICYMI: Latino Entrepreneurship Surges Under the Biden-Harris Administration Readout of a White House meeting with State legislators on paid family and medical leave Readout of a White House "Communities in Action" forum: Hawai'i April 3 Transcript of a press briefing by Press Secretary Karine Jean-Pierre Transcript of an April 2 press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Statement by National Security Council Spokesperson Adrienne Watson on the earthquake in Taiwan Fact sheet: House Republicans Propose Severely Undermining Fight Against Opioid Crisis in Latest Extreme Budget Proposal April 4 Statement by the Press Secretary: Biden-Harris Administration Announces Historic $20 Billion in Awards To Expand Access to Clean Energy and Climate Solutions and Lower Energy Costs for Communities Across the Nation Statement by National Security Adviser Jacob J. Sullivan on the Uganda Constitutional Court's decision to uphold most aspects of the Anti-Homosexuality Act Statement by National Security Council Spokesperson Adrienne Watson on steps announced by Israel to increase aid flow to Gaza Text: Regional Highlight: President Biden Continues To Call on Congressional Republicans To Extend Funding for the Affordable Connectivity Program Readout of a White House meeting on how women are benefiting from the President's efforts to reduce prescription drug costs Fact sheet: Extreme House Republican Plan Would Cut Medicare and Social Security While Slashing Taxes for Big Corporations and the Wealthy April 5 Transcript of an April 4 press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Statement by the Press Secretary: First Lady Jill Biden To Host Japan State Dinner Media Preview and Spousal Program Event With Mrs. Kishida Yuko What They Are Saying: Biden-Harris Administration Announces Historic $20 Billion in Awards To Expand Access to Clean Energy and Climate Solutions and Lower Energy Costs for Communities Across the Nation Text of a U.S-European Union joint statement on the sixth ministerial meeting of the Trade and Technology Council in Leuven, Belgium Readout of National Security Adviser Jacob J. Sullivan's call with National Security Adviser Sagala Ratnayake of Sri Lanka Fact sheet: Biden-Harris Administration Actions Following the Francis Scott Key Bridge Collapse April 8 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Transcript of an April 5 on-the-record press gaggle by National Security Communications Adviser John F. Kirby Transcript of an April 7 press call by Press Secretary Karine Jean-Pierre, Secretary of Education Miguel A. Cardona, and senior administration officials on the administration's efforts to relieve student debt Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Statement by the Press Secretary: President Joe Biden Outlines New Plans To Deliver Student Debt Relief to Over 30 Million Americans Under the Biden-Harris Administration Readout of administration meetings with stakeholders on the partial closure of the Port of Baltimore due to the collapse of the Francis Scott Key Bridge in Baltimore, MD Fact sheet: President Biden Announces New Plans That Would Provide Relief to Borrowers Disproportionately Burdened by Student Loan Debt April 9 Statement by National Economic Council Director Lael Brainard on proposed Department of the Treasury regulations implementing the President's stock buyback tax Fact sheet: Biden-Harris Administration Highlights Substantial Progress on the President's Care Agenda During Month of Action on Care Fact sheet: Extreme House Republican Plan Would Hurt American Workers While Rigging the Economy for Big Corporations and the Wealthy Fact sheet: President Biden's Sweeping Proposals To Crack Down on Pandemic Fraud and Help Victims Recover Introduced in Congress Fact sheet: The Biden-Harris Administration Highlights Recent Successes in Improving Customer Service and Delivery for Safety Net Benefits; Identifies Opportunities for States for Further Improvement April 10 Transcript of an April 9 press briefing by Press Secretary Karine Jean-Pierre and National Security Adviser Jacob J. Sullivan Transcript of an April 9 National Security Council background press call by senior administration officials previewing the official visit of Prime Minister Fumio Kishida of Japan Statement by the Press Secretary: White House Releases State Dinner Guest List Fact sheet: Biden-Harris Administration Takes Critical Action To Protect Communities From PFAS Pollution in Drinking Water Fact sheet: Japan Official Visit With State Dinner to the United States April 11 Transcript of an April 10 National Security Council background press call by senior administration officials previewing the President's bilateral meeting with President Ferdinand R. "Bongbong" Marcos, Jr., of the Philippines and the trilateral leaders' summit with President Marcos and Prime Minister Fumio Kishida of Japan Text of a Small Business Administration press release: New Small Business Applications Soar to Over 17 Million Under Biden-Harris Administration Readout of a White House meeting with early educators, home- and community-based care workers, family caregivers, veterans, people with disabilities, and older Americans in honor of Care Workers Recognition Month Readout of Principal Deputy National Security Adviser Jonathan Finer's meeting with Ambassador to the U.S. and Acting Minister of Foreign Relations Luis Gilberto Murillo Urrutia of Colombia Fact sheet: Biden-Harris Administration Announces New Action To Implement Bipartisan Safer Communities Act, Expanding Firearm Background Checks To Fight Gun Crime Fact sheet: Celebrating the Strength of the U.S.-Philippines Alliance April 12 Transcript of an April 11 press briefing by Press Secretary Karine Jean-Pierre Statement by the Press Secretary: President Joe Biden Announces $7.4 Billion in Student Debt Cancellation for 277,000 More Americans, Pursuing Every Path Available To Cancel Student Debt ICYMI: New Direct File Pilot Helps Filers Save Millions in Estimated Filing Fees Thanks to President Biden's Inflation Reduction Act Joint readout of the inaugural meeting of the U.S.-Philippines 3+3 format including Ministers of Defense, Ministers of Foreign Affairs, and National Security Advisers Fact sheet: President Biden Announces Key Progress on Efforts To Close the Racial Wealth Gap April 13 Statement by National Security Council Spokesperson Adrienne Watson on Iran's attacks against Israel April 15 Statement by the Press Secretary: The President and Vice President Release Their 2023 Tax Returns, Setting New Record for Transparency Release: Internal Revenue Service Form 1040 of the President and the First Lady and accompanying schedules and forms Release: Internal Revenue Service Form 1040 of Vice President Kamala D. Harris and Second Gentleman Douglas C. Emhoff and accompanying schedules and forms Statement by National Security Adviser Jacob J. Sullivan on the House of Representatives vote to reauthorize section 702 of the Foreign Intelligence Surveillance Act of 1978 What They Are Saying: Gun Violence Prevention Advocates, Leaders Applaud Administration's New Action To Expand Firearm Background Checks To Fight Gun Crime Fact sheet: This Tax Day, the Tax Contrast Couldn't Be Clearer April 16 Transcript of an April 15 press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Transcript of an April 14 National Security Council background press call by senior administration officials on Iran's missile and drone attack against the Israel Statement by the Press Secretary: First Lady Jill Biden Unveils New Installation of the Military Children's Corner in Celebration of Month of the Military Child Statement by National Security Adviser Jacob J. Sullivan on U.S. and international efforts to hold Iran accountable for the missile and drone attack against Israel Text of the U.S. Government Global Health Security Strategy 2024 Fact sheet: Biden-Harris Administration Releases Strategy To Strengthen Global Health Security April 17 Transcript of an April 16 press call by National Economic Council Director Lael Brainard and senior administration officials previewing the President's remarks on the U.S. steel industry Statement by National Security Adviser Jacob J. Sullivan on Senate action on legislation to reauthorize section 702 of the Foreign Intelligence Surveillance Act of 1978 Text of a Department of Homeland Security press release: DHS Launches Know2ProtectTM Public Awareness Campaign To Combat Online Child Exploitation and Abuse With Many Public and Private Sector Partners, Including Google, Meta, Snap, Roblox, NASCAR, U.S. Olympic and Paralympic Committee, Boy Scouts of America, National Police Athletic League, and More Text of an Office of the U.S. Trade Representative press release: USTR Initiates Section 301 Investigation of China's Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance Text of a joint statement by the U.S. and Norway on cooperation on high-standard, market-oriented trade of critical minerals Readout of Principal Deputy National Security Adviser Jonathan Finer's call with President Mohamed Irfaan Ali of Guyana Fact sheet: Biden-Harris Administration Announces New Actions To Expand Overseas Telework Opportunities and Streamline Approvals for Military Spouses Employed by the Federal Government Fact sheet: Biden-Harris Administration Announces New Actions To Protect U.S. Steel and Shipbuilding Industry From China's Unfair Practices Fact sheet: On One-Year Anniversary of President Biden's Care EO, the Biden-Harris Administration Celebrates New Progress Toward Providing Care and Other Supportive Services for Workers April 18 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Transcript of an April 17 National Security Council background press call by senior administration officials on the situation in Venezuela Statement by National Security Adviser Jacob J. Sullivan on the helicopter crash in Kenya Readout of Homeland Security Adviser Elizabeth D. Sherwood-Randall and Special Presidential Coordinator for International Energy Amos J. Hochstein's travel to Mexico Readout of a meeting of the U.S.-Israel Strategic Consultative Group (SCG) to discuss issues related to Iran's unprecedented missile and drone attack against Israel Readout of Principal Deputy National Security Adviser Jonathan Finer's meeting with Prime Minister Denys Shmyhal of Ukraine April 19 Transcript of a press briefing by Press Secretary Karine Jean-Pierre ICYMI: U.S. Economy the "Envy of the World," on Pace To Grow Twice as Fast as Any Other G7 Country April 20 Statement by the Press Secretary announcing that the President signed H.R. 7888 Statement by National Security Adviser Jacob J. Sullivan on Senate passage of H.R. 7888 to reauthorize and reform section 702 of the Foreign Intelligence Surveillance Act of 1978 Statement by National Security Adviser Jacob J. Sullivan on House of Representatives passage of H.R. 7888 to reauthorize and reform section 702 of the Foreign Intelligence Surveillance Act of 1978 Readout of Principal Deputy National Security Adviser Jonathan Finer's meeting with World Health Organization Director-General Tedros Adhanom Ghebreyesus April 21 Readout of a White House meeting on the ongoing response to the collapse of the Francis Scott Key Bridge in Baltimore, Maryland April 22 Transcript of an April 19 background press call by Chair of the White House Council on Environmental Quality Brenda Mallory, National Climate Adviser Ali A. Zaidi, Environmental Protection Agency Deputy Administrator Janet McCabe, and senior administration officials on the President's actions to mark Earth Day Statement by the Press Secretary announcing that the President signed S. 382 Readout of a White House Office of Gun Violence Prevention meeting with Federal agencies on gun violence emergency response protocols Fact sheet: President Biden Marks Earth Day 2024 With Historic Climate Action April 23 Transcript of a press gaggle by Deputy Press Secretary Andrew J. Bates and National Security Communications Adviser John F. Kirby Statement by the Press Secretary: IPEC Annual Intellectual Property Report to Congress What They Are Saying: President Biden Marks Earth Day 2024 With Historic Climate Action Text of an Office of the Intellectual Property Enforcement Coordinator (IPEC) report: Annual Intellectual Property Report to Congress Readout of a White House event announcing new Department of Labor rules to extend overtime pay eligibility and enhance retirement security Readout of a White House meeting with asset owners in public and pension fund capital committed to strong labor standards in private equity investments Fact sheet: At White House Water Summit, Biden-Harris Administration Announces Bold National Goal To Protect and Restore Freshwater Resources, Delivers Over $1 Billion for Tribal Clean Water Projects April 24 Statement by the Press Secretary on executive grants of clemency Statement by the Press Secretary announcing that the President signed H.R. 815 Statement by the Press Secretary announcing that the President signed H.R. 4389 Statement by National Security Adviser Jacob J. Sullivan on Russia's veto of the U.N. Security Council resolution on the Outer Space Treaty What They Are Reading in the States: President Biden's Historic Climate Agenda Continues To Deliver for Americans Readout of a White House meeting with State legislative leaders to discuss state-level actions to address junk fees imposed on consumers Fact sheet: Biden-Harris Administration Announces Rules To Deliver Automatic Refunds and Protect Consumers From Surprise Junk Fees in Air Travel Fact sheet: Biden-Harris Administration Sets First-Ever National Goal of Zero-Emissions Freight Sector, Announces Nearly $1.5 Billion To Support Transition to Zero-Emission Heavy-Duty Vehicles April 25 Transcript of an April 24 press briefing by Press Secretary Karine Jean-Pierre and National Security Adviser Jacob J. Sullivan Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Text of a White House blog post by Council of Economic Advisers member Heather Boushey: Following Up on the Four Priorities of President Biden's Workforce Strategy Fact sheet: Biden-Harris Administration Announces Key Actions To Strengthen America's Electric Grid, Boost Clean Energy Deployment and Manufacturing Jobs, and Cut Dangerous Pollution From the Power Sector Fact sheet: President Biden Announces up to $6.1 Billion Preliminary Agreement With Micron Under the CHIPS and Science Act Fact sheet: President Biden Announces New Workforce Hubs To Train and Connect American Workers to Good Jobs Created by the President's Investing in America Agenda Fact sheet: Biden-Harris Administration Celebrates Second Chance Month Announcing New Actions To Strengthen Public Safety, Improve Rehabilitation in Jails and Prisons, and Support Successful Reentry April 26 Statement by National Economic Council Director Lael Brainard on the Bureau of Economic Analysis Personal Consumption Expenditures Price Index report for March Fact sheet: Biden-Harris Administration Hosts First-Ever White House Summit for Sustainable and Healthy Schools April 29 ICYMI: "Workers' Winning Week," Brought to You by the Biden-Harris Administration What They Are Saying: Members of Congress, Community Leaders, and Advocates Applaud Biden- Harris Administration for Delivering for Workers and Consumers Fact sheet: Biden-Harris Administration Announces Key AI Actions 180 Days Following President Biden's Landmark Executive Order Fact sheet: Celebrating National Small Business Week, Biden-Harris Administration Announces a Record in Federal Procurement Dollars Awarded to Small Businesses April 30 Transcript of an April 29 press briefing by Press Secretary Karine Jean-Pierre Transcript of an April 29 background press call by Deputy Homeland Security Adviser for Resilience and Response Caitlin Durkovich and Cybersecurity and Infrastructure Security Agency Director Jen Easterly on the national security memorandum on critical infrastructure Fact sheet: Biden-Harris Administration Delivers on Permitting Progress To Build America's Infrastructure and Clean Energy Future Faster, Safer, and Cleaner Fact sheet: Biden-Harris Administration Announces New National Security Memorandum on Critical Infrastructure Fact sheet: Partnering for Peace Through the U.S. Strategy To Prevent Conflict and Promote Stability May 1 Transcript of a press briefing by Press Secretary Karine Jean-Pierre ICYMI: Biden-Harris Administration Delivers on Permitting Progress To Build America's Infrastructure and Clean Energy Future Faster, Safer, and Cleaner Fact sheet: Biden-Harris Administration Continues To Call on Congressional Republicans and Internet Service Providers To Keep Americans Connected as the Affordable Connectivity Program Enters Final Month May 2 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and Environmental Protection Agency Administrator Michael S. Regan Statement by the Press Secretary: White House Announces Appointment of New Curator Statement by the Press Secretary: First Lady Jill Biden Hosts First-Ever "Teachers of the Year" State Dinner Statement by the Press Secretary: White House Releases "Teachers of the Year" State Dinner Guest List May 2, 2024 Fact sheet: President Biden Expands San Gabriel Mountains National Monument and Berryessa Snow Mountain National Monument Fact sheet: Biden-Harris Administration Announces $3 Billion To Replace Toxic Lead Pipes and Deliver Clean Drinking Water to Communities Across the Country Fact sheet: Biden-Harris Administration Announces New Actions To Support and Strengthen the Teaching Profession May 3 Transcript of a press briefing by Press Secretary Karine Jean-Pierre What They Are Saying: President Biden Expands San Gabriel Mountains National Monument and Berryessa Snow Mountain National Monument Fact sheet: Fact Sheet: Biden-Harris Administration Expands Health Coverage to DACA Recipients May 4 Readout of a White House meeting with State leaders, representatives from workforce policy and advocacy organizations, unions, Federal agencies, and other stakeholders to discuss workforce development efforts May 6 What They Are Saying: President Biden Expands San Gabriel Mountains National Monument and Berryessa Snow Mountain National Monument May 7 Transcript of a May 6 press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Statement by the Press Secretary announcing that the President signed H.R. 292, H.R. 996, H.R. 2379, H.R. 2754, H.R. 3865, H.R. 3944, H.R. 3947, and S. 474 What They Are Saying: Advocates, Leaders Applaud Administration's New Action To Expand Affordable, Quality Health Care Coverage to DACA Recipients Fact sheet: Third Ministerial Meeting on the Los Angeles Declaration on Migration and Protection in Guatemala Fact sheet: Biden-Harris Administration Ramps Up Actions To Counter Antisemitism on College Campuses and Protect Jewish Communities Advance text of remarks by Homeland Security Adviser Elizabeth D. Sherwood-Randall at the Ash Carter Exchange on countering bioterrorism in an era of technology convergence May 8 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Transcript of a May 7 press briefing by Press Secretary Karine Jean-Pierre Transcript of a May 6 background press call by senior administration officials on the Third Ministerial of the Los Angeles Declaration on Migration and Protection in Guatemala Readout of a White House event celebrating women's history and announcing new actions to honor the legacy and contributions of a diverse range of women and girls to the U.S. Fact sheet: President Biden To Highlight $3.3 Billion Investment in Racine, Wisconsin, and How His Investing in America Agenda Is Driving Economic Comebacks in Communities Across the Country May 9 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Transcript of May 7remarks by National Security Adviser Jacob J. Sullivan at the 54th Washington Conference on the Americas luncheon at the Department of State ICYMI: President Biden Spotlights Latino Accomplishments in Cinco de Mayo Celebration Readout of a White House meeting with 20 Governors' offices and U.S. Climate Alliance leadership on efforts to advance a climate-ready workforce Fact sheet: The Biden-Harris Administration Advances Equity and Opportunity for Asian American, Native Hawaiian, and Pacific Islander Communities Across the Country May 10 Transcript of a May 9 on-the-record press gaggle by National Security Communications Adviser John F. Kirby Statement by the Press Secretary announcing that the President signed H.R. 8289 Readout of a White House meeting on the ongoing response to the collapse of the Francis Scott Key Bridge in Baltimore, MD Advance text of remarks by National Economic Council Director Lael Brainard at the Hamilton Project on the tax debate ahead May 11 ICYMI: "The Great American Innovation Engine Is Firing Again" May 12 Readout of National Security Adviser Jacob J. Sullivan's call with National Security Adviser Tzachi Hanegbi of Israel May 13 Statement by the Press Secretary announcing that the President signed H.R. 593 and H.R. 1042 Statement by National Security Adviser Jacob J. Sullivan on the President's signing of the Prohibiting Russian Uranium Imports Act Statement by National Security Council Spokesperson Adrienne Watson on the upcoming China-U.S. talks in Geneva, Switzerland, on addressing the risks and improving the safety of artificial intelligence Readout of Principal Deputy National Security Adviser Jonathan Finer's meeting with United Nations High Commissioner for Refugees Filippo Grandi Fact sheet: Biden-Harris Administration Kicks Off Infrastructure Week by Highlighting Historic Results Spurred by President Biden's Investing in America Agenda Fact sheet: President Biden's Investing in America Agenda is Helping American Families Across the Country Save Money May 14 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and U.S. Trade Representative Katherine C. Tai Transcript of a May 13 press briefing by Press Secretary Karine Jean-Pierre and National Security Adviser Jacob J. Sullivan Transcript of a May 13 background press call by National Economic Council Director Lael Brainard and senior administration officials on the President's actions to protect American workers and businesses from China's unfair trade practices Fact sheet: President Biden Takes Action To Protect American Workers and Businesses from China's Unfair Trade Practices Fact sheet: The Biden-Harris Administration Highlights Investments in Rural America, Invites Public Nominations for Rural Innovators Initiative May 15 Transcript of a background press call by senior administration officials on U.S. actions against the Government of Nicaragua in response to its repression of citizens and exploitation of migrants Statement by the Press Secretary: The President and Vice President Release Their Financial Disclosure Reports Disclosing Their Personal Financial Interests Executive Branch Personnel Public Financial Disclosure Report of the President Executive Branch Personnel Public Financial Disclosure Report of Vice President Kamala D. Harris Statement by National Security Council Spokesperson Adrienne Watson on the China-U.S. talks in Geneva, Switzerland, on addressing the risks and improving the safety of artificial intelligence Statement by National Security Council Spokesperson Adrienne Watson on U.S. actions against the Government of Nicaragua in response to its repression of citizens and exploitation of migrants Readout of National Security Adviser Jacob J. Sullivan's call with Presidential Adviser Celso Luiz Nunes Amorim of Brazil Fact sheet: Biden-Harris Administration Announces New Actions and Resources for Increasing Student Attendance and Engagement as Part of the White House Every Day Counts Summit Fact sheet: Global Health Worker Initiative (GHWI) Year Two Fact Sheet May 16 Transcript of a May 15 press briefing by Press Secretary Karine Jean-Pierre Transcript of a press briefing by Press Secretary Karine Jean-Pierre and Director of the Office of Public Engagement Stephen K. Benjamin Statement by the Press Secretary announcing that the President signed H.R. 3935 Readout of National Security Adviser Jacob J. Sullivan's meeting with President Santiago Peña Palacios of Paraguay Readout of National Security Adviser Jacob J. Sullivan's meeting with representatives of nations with citizens taken hostage by Hamas Readout of a White House meeting to commemorate the first anniversary of the National Plan To End Gender-Based Violence What They Are Saying: Labor, Business, and Elected Leaders Praise President Biden's Actions To Protect American Workers and Businesses From China's Unfair Trade Practices Fact sheet: Biden-Harris Administration Takes Action To Strengthen American Solar Manufacturing and Protect Manufacturers and Workers From China's Unfair Trade Practices Fact sheet: Biden-Harris Administration Unveils Critical Steps To Protect Workers From Risks of Artificial Intelligence Fact sheet: Biden-Harris Administration Announces Record Over $16 Billion in Support for Historically Black Colleges and Universities (HBCUs) Advance text of remarks by National Economic Council Director Lael Brainard on responding to the challenges of China's industrial overcapacity at the Center for American Progress May 17 Readout of National Security Adviser Jacob J. Sullivan's meeting with Minister of Foreign Relations, International Trade, and Worship Diana Mondino and Chief of Cabinet Nicolás Posse of Argentina Fact sheet: President Biden Announces New Actions To Advance Racial and Educational Equity on 70th Anniversary of *Brown *v. *Board of Education* Fact sheet: Biden-Harris Administration Announces New Actions To Ensure Environmental Protections of the Antarctic Region May 18 Transcript of a May 17 press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Statement by National Security Council Spokesperson Adrienne Watson on National Security Adviser Jacob J. Sullivan's travel to Saudi Arabia and Israel May 19 Readout of National Security Adviser Jacob J. Sullivan's meetings in Saudi Arabia and Israel May 20 Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Statement by White House Press Secretary Karine Jean-Pierre on Senate plans to hold a vote on bipartisan border security legislation Readout of National Security Adviser Jacob J. Sullivan's meeting with Secretary General Hussein Al Sheikh of the Palestinian Liberation Organization and Prime Minister Mohammad Mustafa of the Palestinian Authority Readout of National Security Adviser Jacob J. Sullivan's meetings in Israel May 21 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Text of a Department of Energy press release: U.S. Department of Energy Announces Sale of Northeast Gasoline Supply Reserve as Americans Hit the Road for Summer Driving Season Fact sheet: President Biden To Announce 1 Million PACT Act Claims Approved, Benefits Delivered to Veterans in All 50 States and U.S. Territories May 22 Transcript of a press briefing by Press Secretary Karine Jean-Pierre and National Security Adviser Jacob J. Sullivan ICYMI: "Biden To Release 1 Million Barrels of Gasoline To Reduce Prices at the Pump Ahead of July 4" Readout of a White House Office of Gun Violence Prevention meeting with local offices of violence prevention Readout of White House meetings on progress toward meeting key objectives under the U.S.-U.K. Atlantic Declaration framework for transatlantic economic and strategic cooperation May 23 Statement by the Press Secretary: White House Releases State Dinner Guest List ICYMI: Biden-Harris Administration Celebrates Millionth Claim Under Historic PACT Act ICYMI: Washington Post: "Biden Has Appointed 201 Judges, Boosting Diversity of Federal Courts" What They Are Saying: Lawmakers and Advocates Applaud PACT Act's 1 million Approved Claims Fact sheet: Kenya State Visit to the United States May 24 Statement by the Press Secretary announcing that the President signed S. 546 ICYMI: New York Times: "The Biden Clean Energy Boom" ICYMI: Target, Walmart, and Other Grocery Chains Heed President Biden's Call To Lower Prices ICYMI: Spirit and Frontier Airlines Answer the President's Call To End Hidden Junk Fees Readout of a White House meeting with community lenders on efforts to expand capital for borrowers underserved by traditional finance Fact sheet: Biden-Harris Administration Highlights Accomplishments on the Second Anniversary of Historic Executive Order To Advance Effective, Accountable Policing and Strengthen Public Safety May 28 Fact sheet: Biden-Harris Administration Announces New Principles for High-Integrity Voluntary Carbon Markets Fact sheet: Biden-Harris Administration Launches Federal-State Initiative To Bolster America's Power Grid May 29 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre Transcript of a May 28 press briefing by Press Secretary Karine Jean-Pierre and National Security Communications Adviser John F. Kirby Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Readout of a May 28 White House meeting with Gov. Westley W.O. "Wes" Moore and Secretary of Transportation Paul J. Wiedefeld of Maryland and Federal officials to discuss Federal-State coordination in responding to the Francis Scott Key Bridge collapse in Baltimore, MD, supporting affected communities, and ongoing planning to rebuild the bridge Fact sheet: Biden-Harris Administration Announces New Steps To Bolster Domestic Nuclear Industry and Advance America's Clean Energy Future May 30 Readout of Principal Deputy National Security Adviser Jonathan Finer's meeting with Executive Vice Minister of Foreign Affairs Ma Zhaoxu of China Readout of Principal Deputy National Security Adviser Jonathan Finer's call with Deputy Prime Minister John Rosso of Papua New Guinea Fact sheet: Biden-Harris Administration Takes Action To Expand Access to Capital for Small- and Medium-Sized Climate Businesses May 31 Transcript of a background press call by senior administration officials on the President's remarks on the Middle East Statement by National Economic Council Director Lael Brainard on the Bureau of Economic Analysis Personal Consumption Expenditures report for April ICYMI: Biden-Harris Administration Launches Federal-State Initiative To Bolster America's Power Grid, Building on Historic Transmission Progress Text of a White House blog post by Council of Economic Advisers member Heather Boushey: Affordable High-Speed Internet Is Spurring Economic Growth and Boosting Small Businesses Readout of a White House meeting on expanding access to climate capital with investors, climate technology start-up companies, small-business owners, and entrepreneurs Readout of the second White House meeting on climate-risk macroeconomic forecasts Fact sheet: President Biden Highlights Commitments to Customers by Internet Service Providers To Offer Affordable High-Speed Internet Plans, Calls on Congress To Restore Funding for Affordable Connectivity Program June 1 Readout of a White House Supply Chain Disruptions Task Force meeting to prepare for the reopening of the Port of Baltimore June 3 Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby Readout of a White House meeting with business leaders from Midwestern States on administration priorities to grow the U.S. economy Readout of National Security Adviser Jacob J. Sullivan's call with Spokesperson and President's Chief Adviser Akif Cagatay Kilic of Turkey Readout of National Security Adviser Jacob J. Sullivan's meeting with his counterparts from North Atlantic Treaty Organization allies Estonia, Latvia, and Lithuania June 4 Transcript of a June 3 press gaggle by Press Secretary Karine Jean-Pierre Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby previewing the President's travel to France Transcript of a background press call by senior administration officials on additional actions to secure the U.S. border with Mexico Fact sheet: President Biden Announces New Actions To Secure the Border June 5 Transcript of a June 4 press gaggle by Press Secretary Karine Jean-Pierre and National Security Adviser Jacob J. Sullivan ICYMI: President Biden Announces New Actions To Secure the Border Readout of a White House meeting with private sector leaders in the pre-owned vehicle sales industry, clean car advocates, and State and Federal officials on tax incentives for used electric vehicle purchases June 7 Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby on the President's travel to France Readout of a White House meeting with women's community leaders, health care advocates, and reproductive rights advocates to discuss contraception access on the 59th anniversary of *Griswold *v. *Connecticut* Excerpts of the President's remarks on the 80th anniversary of the Allied D-Day landings at Pointe du Hoc in Cricqueville-en-Bessin, France June 8 Statement by National Security Adviser Jacob J. Sullivan on Israel's hostage rescue operation in Gaza, Palestinian Territories Fact sheet: The U.S.-France Partnership June 10 Readout of White House Office of Gun Violence Prevention meetings with 160 health care executives and practitioners on the public health crisis of gun violence Fact sheet: Biden-Harris Administration Bolsters Protections for Americans' Access to Healthcare Through Strengthening Cybersecurity Fact sheet: Biden-Harris Administration Announces New Actions To Protect and Preserve Our Nation's African American History Ahead of Juneteenth National Independence Day June 11 Transcript of an on-the-record press gaggle by National Security Communications Adviser John F. Kirby previewing the Group of Seven (G–7) nations summit in Savelletri di Fasano, Italy Fact sheet: Vice President Harris Announces Proposal To Prohibit Medical Bills From Being Included on Credit Reports and Calls on States and Localities To Take Further Actions To Reduce Medical Debt Fact sheet: U.S. Support to Small Island Developing States June 12 Transcript of a press gaggle by Press Secretary Karine Jean-Pierre and National Security Adviser Jacob J. Sullivan Statement by National Security Adviser Jacob J. Sullivan on Russia's crimes against Ukrainian children ICYMI: Violent Crime (Continues) Falling Readout of Homeland Security Adviser Elizabeth D. Sherwood-Randall's Travel to Mexico Readout of National Security Adviser Jacob J. Sullivan's meeting with opposition leader Svyatlana Tsikhanouskaya of Belarus Fact sheet: Biden-Harris Administration Releases First-Ever Interagency National Strategy for Reducing Food Loss and Waste and Recycling Organics Text of the National Strategy for Reducing Food Loss and Waste and Recycling Organics June 13 Transcript of an on-the-record teleconference roundtable discussion by National Security Adviser Jacob J. Sullivan previewing the President's first day at the Group of Seven (G–7) nations summit in Savelletri di Fasano, Italy Transcript of a background press call by a senior administration official on the G–7 summit Fact sheet: Partnership for Global Infrastructure and Investment at the G–7 Summit Fact sheet: U.S.-Ukraine Bilateral Security Agreement June 14 Transcript of a background press call by a senior administration official previewing the President's second day at the at the Group of Seven (G–7) nations summit in Savelletri di Fasano, Italy Statement by the Press Secretary: The Biden-Harris Administration's Commitment To Implementing the International Conference on Population and Development (ICPD) Consensus Fact sheet: The 2024 G7 Summit in Apulia, Italy

usgpo

2024-06-24T00:12:45.319948

BILLS-118s636rs

Dolores River National Conservation Area and Special Management Area Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 636 Reported in Senate (RS)] <DOC> Calendar No. 392 118th CONGRESS 2d Session S. 636 [Report No. 118-176] To establish the Dolores River National Conservation Area and the Dolores River Special Management Area in the State of Colorado, to protect private water rights in the State, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Bennet (for himself and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources May 16, 2024 Reported by Mr. Manchin, with amendments [Omit the parts struck through and insert the parts printed in italic] _______________________________________________________________________ A BILL To establish the Dolores River National Conservation Area and the Dolores River Special Management Area in the State of Colorado, to protect private water rights in the State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Dolores River National Conservation Area and Special Management Area Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA Sec. 101. Establishment of Dolores River National Conservation Area. Sec. 102. Management of Conservation Area. Sec. 103. Dolores River National Conservation Area Advisory Council. TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA Sec. 201. Designation of Dolores River Special Management Area. Sec. 202. Management of Special Management Area. TITLE III--TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL WILD AND SCENIC RIVERS SYSTEM Sec. 301. Purpose. Sec. 302. Release of designated segments from Dolores River congressional study area. Sec. 303. Applicability of continuing consideration provision. TITLE IV--GENERAL PROVISIONS Sec. 401. Management of covered land. Sec. 402. Protection of water rights and other interests. Sec. 403. Effect on private property and regulatory authority. Sec. 404. Tribal rights and traditional uses. SEC. 2. DEFINITIONS. In this Act: (1) Conservation area.--The term ``Conservation Area'' means the Dolores River National Conservation Area established by section 101(a). (2) Council.--The term ``Council'' means the Dolores River National Conservation Area Advisory Council established under section 103(a). (3) Covered land.--The term ``covered land'' means-- (A) the Conservation Area; and (B) the Special Management Area. (4) Dolores project.--The term ``Dolores Project'' has the meaning given the term in section 3 of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2974). (5) Map.--The term ``Map'' means the map prepared by the Bureau of Land Management entitled ``Proposed Dolores River National Conservation Area and Special Management Area'' and dated December 14, 2022. (6) Secretary.--The term ``Secretary'' means-- (A) in title I, the Secretary of the Interior; (B) in title II, the Secretary of Agriculture; and (C) in title IV-- (i) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; and (ii) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. (7) Special management area.--The term ``Special Management Area'' means the Dolores River Special Management Area established by section 201(a). (8) State.--The term ``State'' means the State of Colorado. <DELETED> (9) Unreasonably diminish.--The term ``unreasonably diminish'' is within the meaning of the term used in section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)) and has the meaning of the term as applied in appendix D of the Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council entitled ``Wild & Scenic Rivers: Section 7'' and dated October 2004.</DELETED> (9) Unreasonably diminish.--The term ``unreasonably diminish'' has the same meaning as used in section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)). (10) Water resource project.--The term ``water resource project'' means any dam, irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, and transmission and other ancillary facility, and other water diversion, storage, and carriage structure. TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL CONSERVATION AREA. (a) Establishment.-- (1) In general.--Subject to valid existing rights, there is established the Dolores River National Conservation Area in the State. (2) Land included.--The Conservation Area shall consist of approximately 52,872 acres of Bureau of Land Management land in the State, as generally depicted as ``Proposed Lower Dolores River National Conservation Area'' on the Map. (b) Purpose.--The purpose of the Conservation Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, hunting, fishing, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Conservation Area. (c) Map and Legal Description.-- <DELETED> (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Conservation Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.</DELETED> (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Conservation Area. (2) Effect.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability.--A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. SEC. 102. MANAGEMENT OF CONSERVATION AREA. (a) In General.--The Secretary shall manage the Conservation Area in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) other applicable laws. (b) Uses.--Subject to the provisions of this Act, the Secretary shall allow only such uses of the Conservation Area as are consistent with the purpose described in section 101(b). (c) Management Plan.-- (1) Plan required.-- (A) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Conservation Area. (B) Review and revision.--The management plan under subparagraph (A) shall, from time to time, be subject to review and revision, in accordance with-- (i) this Act; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (iii) other applicable laws. (2) Consultation and coordination.--The Secretary shall prepare and revise the management plan under paragraph (1)-- (A) in consultation with-- (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of Agriculture, with respect to the development of the separate management plan for the Special Management Area, as described in section 202(c). (3) Recommendations.--In preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights.--In preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish-- (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100- 585; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of Acquired Land and Interests.--Any land or interest in land located within the boundary of the Conservation Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall-- (1) become part of the Conservation Area; and (2) be managed as provided in this section. (e) Department of Energy Leases.-- (1) In general.--Nothing in this title affects valid leases or lease tracts existing on the date of enactment of this Act issued under the uranium leasing program of the Department of Energy within the boundaries of the Conservation Area. (2) Management.-- (A) In general.--Subject to subparagraph (B), land designated for the program described in paragraph (1) shall be-- (i) exempt from section 401(b); and (ii) managed in a manner that allow the leases to fulfill the purposes of the program, consistent with the other provisions of this title and title IV. (B) Designation.--Land subject to a lease described in paragraph (1) shall be considered part of the Conservation Area and managed in accordance with other provisions of this title on a finding by the Secretary that-- (i)(I) the lease has expired; and (II) the applicable lease tract has been removed from the leasing program by the Secretary of Energy; and (ii) the land that was subject to the lease is suitable for inclusion in the Conservation Area. (C) Effect.--Nothing in subparagraph (B) prevents the Secretary of Energy from extending any lease described in paragraph (1). SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA ADVISORY COUNCIL. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the ``Dolores River National Conservation Area Advisory Council''. (b) Duties.--The Council shall advise-- (1) the Secretary with respect to the preparation, implementation, and monitoring of the management plan prepared under section 102(c); and (2) the Secretary of Agriculture with respect to the preparation, implementation, and monitoring of the management plan prepared under section 202(c). (c) Applicable Law.--The Council shall be subject to-- (1) chapter 10 of title 5, United States Code (commonly referred to as the ``Federal Advisory Committee Act''); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) this Act. (d) Membership.-- (1) In general.--The Council shall include 14 members to be appointed by the Secretary, of whom, to the extent practicable-- (A) 2 members shall represent agricultural water user interests in the Conservation Area or the Dolores River watershed, of whom 1 shall represent the Dolores Water Conservancy District; (B) 2 members shall represent conservation interests in the Conservation Area; (C) 2 members shall represent recreation interests in the Conservation Area, 1 of whom shall represent whitewater boating interests; (D) 1 member shall be a representative of Dolores County, Colorado; (E) 1 member shall be a representative of San Miguel County, Colorado; (F) 1 member shall be a representative of Montezuma County, Colorado; (G) 1 member shall be a private landowner that owns land in immediate proximity to the Conservation Area; (H) 1 member shall be a representative of Colorado Parks and Wildlife; (I) 1 member shall be a holder of a grazing- allotment permit in the Conservation Area; and (J) 2 members shall be representatives of Indian Tribes, 1 of whom shall be a representative of the Ute Mountain Ute Tribe. (2) Representation.-- (A) In general.--The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (B) Requirements.-- (i) In general.--The members of the Council described in subparagraphs (B) and (C) of paragraph (1) shall be residents that live within reasonable proximity to the Conservation Area. (ii) County representatives.--The members of the Council described in subparagraphs (D) and (E) of paragraph (1) shall be-- (I) residents of the respective counties referred to in those subparagraphs; and (II) capable of representing the interests of the applicable board of county commissioners. (e) Terms of Office.-- (1) In general.--The term of office of a member of the Council shall be 5 years. (2) Reappointment.--A member may be reappointed to the Council on completion of the term of office of the member. (f) Compensation.--A member of the Council-- (1) shall serve without compensation for service on the Council; but (2) may be reimbursed for qualified expenses of the member. (g) Chairperson.--The Council shall elect a chairperson from among the members of the Council. (h) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson-- (A) not less frequently than quarterly until the management plan under section 102(c) is developed; and (B) thereafter, at the call of the Secretary. (2) Public meetings.--Each meeting of the Council shall be open to the public. (3) Notice.--A notice of each meeting of the Council shall be published in advance of the meeting. (i) Technical Assistance.--The Secretary shall provide, to the maximum extent practicable in accordance with applicable law, any information and technical services requested by the Council to assist in carrying out the duties of the Council. (j) Renewal.--The Secretary shall ensure that the Council charter is renewed as required under applicable law. (k) Duration.--The Council-- (1) shall continue to function for the duration of existence of the Conservation Area; but (2) on completion of the management plan, shall only meet-- (A) at the call of the Secretary; or (B) in the case of a review or proposed revision to the management plan. TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA SEC. 201. DESIGNATION OF DOLORES RIVER SPECIAL MANAGEMENT AREA. (a) Establishment.-- (1) In general.--Subject to valid existing rights, there is established the Dolores River Special Management Area in the State. (2) Land included.--The Special Management Area shall consist of approximately 15,452 acres of Federal land in the San Juan National Forest in the State, including National Forest System land in the Dolores River segment that extends from the Dolores Project boundary downstream to the boundary of the San Juan National Forest, as of the date of enactment of this Act, as generally depicted as ``Proposed Dolores River Special Management Area'' on the Map. (b) Purpose.--The purpose of the Special Management Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, hunting, fishing, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Special Management Area. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Special Management Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability.--A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 202. MANAGEMENT OF SPECIAL MANAGEMENT AREA. (a) In General.--The Secretary shall manage the Special Management Area in accordance with-- (1) this Act; (2) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); and (3) other applicable laws. (b) Uses.--The Secretary shall allow only such uses of the Special Management Area as the Secretary determines would further the purpose of the Special Management Area, as described in section 201(b). (c) Management Plan.-- (1) Plan required.-- (A) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Special Management Area. (B) Review and revision.--The management plan under subparagraph (A) shall, from time to time, be subject to review and revision in accordance with-- (i) this Act; (ii) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); and (iii) other applicable laws. (2) Consultation and coordination.--The Secretary shall prepare and revise the management plan under paragraph (1)-- (A) in consultation with-- (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of the Interior, with respect to the development of the separate management plan for the Conservation Area, as described in section 102(c). (3) Recommendations.--In preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights.--In preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish-- (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100- 585; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of Acquired Land and Interests.--Any land or interest in land located within the boundary of the Special Management Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall-- (1) become part of the Special Management Area; and (2) be managed as provided in this section. TITLE III--TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL WILD AND SCENIC RIVERS SYSTEM SEC. 301. PURPOSE. The purpose of this title is to release portions of the Dolores River and certain tributaries from designation for potential addition under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) or from further study under that Act. SEC. 302. RELEASE OF DESIGNATED SEGMENTS FROM DOLORES RIVER CONGRESSIONAL STUDY AREA. Section 5(a)(56) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)(56)) is amended by inserting ``and the segments of the Dolores River located in the Dolores River National Conservation Area designated by the Dolores River National Conservation Area and Special Management Area Act'' before the period at the end. SEC. 303. APPLICABILITY OF CONTINUING CONSIDERATION PROVISION. Section 5(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(d)(1)) shall not apply to-- (1) the Conservation Area; or (2) the Special Management Area. TITLE IV--GENERAL PROVISIONS SEC. 401. MANAGEMENT OF COVERED LAND. (a) Motorized Vehicles.-- (1) In general.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the covered land shall be permitted only on designated routes. (2) Road construction.--Except as necessary for administrative purposes, protection of public health and safety, or providing reasonable access to private property, the Secretary shall not construct any permanent or temporary road within the covered land after the date of enactment of this Act. (b) Withdrawals.--Subject to valid existing rights, all covered land, including any land or interest in land that is acquired by the United States within the covered land after the date of enactment of this Act, is withdrawn from-- (1) entry, appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws, except as provided in section 102(e). (c) Willing Sellers.--Any acquisition of land or interests in land under this Act shall be only by purchase from willing sellers, donation, or exchange. (d) Grazing.--The Secretary shall issue and administer any grazing leases or permits and trailing permits and administer allotments in the covered land in accordance with the laws (including regulations) applicable to the issuance and administration of leases and permits on other land under the jurisdiction of the Bureau of Land Management or Forest Service, as applicable. (e) Access to Private Land.--To ensure reasonable use and enjoyment of private property (whether in existence on the date of enactment of this Act or in an improved state), the Secretary shall grant reasonable and feasible access through the covered land to any private property that is located within or adjacent to the covered land, if other routes to the private property are blocked by physical barriers, such as the Dolores River or the cliffs of the Dolores River. (f) Easements.--The Secretary may lease or acquire easements on private land from willing lessors, donors, or sellers for recreation, access, conservation, or other permitted uses, to the extent necessary to fulfill the purposes of the Conservation Area or Special Management Area, as applicable. (g) Wildfire, Insect, and Disease Management.--The Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the covered land, (including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency). (h) Management of Ponderosa Gorge.-- (1) In general.--The Secretary shall manage the areas of the Conservation Area and Special Management Area identified on the Map as ``Ponderosa Gorge'' in a manner that maintains the wilderness character of those areas as of the date of enactment of this Act. (2) Prohibited activities.--Subject to paragraphs (3) and (4), in the areas described in paragraph (1), the following activities shall be prohibited: (A) New permanent or temporary road construction or the renovation of nonsystem roads in existence on the date of enactment of this Act. (B) The use of motor vehicles, motorized equipment, or mechanical transport, except as necessary to meet the minimum requirements for the administration of the Federal land, to protect public health and safety, or to conduct ecological restoration activities to improve the aquatic habitat of the Dolores River channel. (C) Projects undertaken for the purpose of harvesting commercial timber. (3) Utility corridor.--Nothing in this subsection affects the operation, maintenance, or location of the utility right- of-way within the corridor, as depicted on the Map. (4) Effect on certain vegetation management projects.-- Nothing in this subsection-- (A) affects the implementation of the Lone Pine Vegetation Management Project authorized by the Forest Service in a decision notice dated January 23, 2020; or (B) prohibits activities relating to the harvest of merchantable products that are byproducts of activities conducted-- (i) for ecological restoration; or (ii) to further the purposes of this Act. (i) Effect.--Nothing in this Act prohibits the Secretary from issuing a new permit and right-of-way within the covered land for a width of not more than 150 feet for a right-of-way that serves a transmission line in existence on the date of enactment of this Act, on the condition that the Secretary shall relocate the right-of-way in a manner that furthers the purposes of this Act. (j) Climatological Data Collection.--Subject to such terms and conditions as the Secretary may require, nothing in this Act precludes the installation and maintenance of hydrologic, meteorological, or climatological collection devices in the covered land if the facilities and access to the facilities are essential to public safety, flood warning, flood control, water reservoir operation activities, or the collection of hydrologic data for water resource management purposes. SEC. 402. PROTECTION OF WATER RIGHTS AND OTHER INTERESTS. (a) Dolores Project.-- (1) Operation.--The Dolores Project and the operation of McPhee Reservoir shall continue to be the responsibility of, and be operated by, the Secretary, in cooperation with the Dolores Water Conservancy District, in accordance with applicable laws and obligations. (2) Effect.--Nothing in this Act affects the Dolores Project or the current or future operation of McPhee Reservoir in accordance with-- (A) the reclamation laws; (B) any applicable-- (i) Dolores Project water contract, storage contract, or carriage contract; or (ii) allocation of Dolores Project water; (C) the environmental assessment and finding of no significant impact prepared by the Bureau of Reclamation Upper Colorado Region and approved August 2, 1996; (D) the operating agreement entitled ``Operating Agreement, McPhee Dam and Reservoir, Contract No. 99- WC-40-R6100, Dolores Project, Colorado'' and dated April 25, 2000 (or any subsequent renewal or revision of that agreement); (E) mitigation measures for whitewater boating, including any such measure described in-- (i) the document entitled ``Dolores Project Colorado Definite Plan Report'' and dated April 1977; (ii) the Dolores Project final environmental statement dated May 9, 1977; or (iii) a document referred to in subparagraph (C) or (D); (F) applicable Federal or State laws relating to the protection of the environment, including-- (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (G) the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973). (b) Management of Flows.-- (1) In general.--In managing available flows below McPhee Dam to conserve, protect, and enhance the resources described in sections 101(b) and 201(b) of the Dolores River within the covered land, including native fish and whitewater boating resources, the Secretary shall seek to provide regular and meaningful consultation and collaboration with interested stakeholders, including the Native Fish Monitoring and Recommendation Team, which includes water management entities, affected counties, conservation interests, whitewater boating interests, Colorado Parks and Wildlife, and the Ute Mountain Ute Tribe, during the process of decision making. (2) Annual report.--Beginning on the date that is 1 year after the date of enactment of this Act and annually thereafter, the Commissioner of Reclamation shall prepare and make publically available a report that describes any progress with respect to the conservation, protection, and enhancement of native fish in the Dolores River. (c) Water Resource Projects.-- (1) In general.--Subject to valid existing rights and paragraph (2), after the date of enactment of this Act, the Secretary or any other officer, employee, or agent of the United States may not assist by loan, grant, license, or otherwise in the construction or modification of any water resource project-- (A) located on the covered land that would-- (i) affect the free-flowing character of any stream within the covered land; or (ii) unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land; or (B) located outside the covered land that would unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land. (2) Limitations.--Subject to the requirements of this section, nothing in paragraph (1)-- (A) prevents, outside the covered land-- (i) the construction of small diversion dams or stock ponds; (ii) new minor water developments in accordance with existing decreed water rights; or (iii) minor modifications to structures; or (B) affects access to, or operation, maintenance, relicensing, repair, or replacement of, existing water resource projects. (d) Effect.--Nothing in this Act-- (1) affects-- (A) any water right that is-- (i) decreed under the laws of the State; and (ii) in existence on the date of enactment of this Act; (B) the use, allocation, ownership, or control, in existence on the date of enactment of this Act, of any water or water right; (C) any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (D) any interstate water compact in existence on the date of enactment of this Act; or (E) State jurisdiction over any water law, water right, or adjudication or administration relating to any water resource; (2) imposes-- (A) any mandatory streamflow requirement within the covered land; or (B) any Federal water quality standard within, or upstream of, the covered land that is more restrictive than would be applicable if the covered land had not been designated as the Conservation Area or Special Management Area under this Act; or (3) constitutes an express or implied reservation by the United States of any reserved or appropriative water right within the covered land. SEC. 403. EFFECT ON PRIVATE PROPERTY AND REGULATORY AUTHORITY. (a) Effect.--Nothing in this Act-- (1) affects valid existing rights; (2) requires any owner of private property to bear any costs associated with the implementation of the management plan under this Act; (3) affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State; (4) requires a change in or affects local zoning laws of the State or a political subdivision of the State; or (5) affects-- (A) the jurisdiction over, use, or maintenance of county roads in the covered land; or (B) the administration of the portion of the road that is not a county road and that is commonly known as the ``Dolores River Road'' within the Conservation Area, subject to the condition that the Secretary shall not improve the road beyond the existing primitive condition of the road. (b) Adjacent Management.-- (1) No buffer zones.--The designation of the Conservation Area and the Special Management Area by this Act shall not create any protective perimeter or buffer zone around the Conservation Area or Special Management Area, as applicable. (2) Private land.--Nothing in this Act requires the prohibition of any activity on private land outside the boundaries of the Conservation Area or the Special Management Area that can be seen or heard from within such a boundary. SEC. 404. TRIBAL RIGHTS AND TRADITIONAL USES. (a) Treaty Rights.--Nothing in this Act affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 136). (b) Traditional Tribal Uses.--Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the covered land by members of Indian Tribes-- (1) for traditional ceremonies; and (2) as a source of traditional plants and other materials. Calendar No. 392 118th CONGRESS 2d Session S. 636 [Report No. 118-176] _______________________________________________________________________ A BILL To establish the Dolores River National Conservation Area and the Dolores River Special Management Area in the State of Colorado, to protect private water rights in the State, and for other purposes. _______________________________________________________________________ May 16, 2024 Reported with amendments

usgpo

2024-06-24T00:12:45.592684

BILLS-118s1979rs

Protecting Older Americans Act of 2023

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1979 Reported in Senate (RS)] <DOC> Calendar No. 396 118th CONGRESS 2d Session S. 1979 To amend title 9 of the United States Code with respect to arbitration of disputes involving age discrimination. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 14, 2023 Mrs. Gillibrand (for herself, Mr. Graham, Mr. Durbin, Mr. Padilla, Mr. Menendez, Mr. Blumenthal, Mr. Grassley, Mr. Booker, Mr. Ossoff, Mr. Coons, Ms. Butler, Mr. Whitehouse, Ms. Hirono, and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on the Judiciary May 16, 2024 Reported by Mr. Durbin, without amendment _______________________________________________________________________ A BILL To amend title 9 of the United States Code with respect to arbitration of disputes involving age discrimination. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Older Americans Act of 2023''. SEC. 2. PREDISPUTE ARBITRATION OF DISPUTES INVOLVING AGE DISCRIMINATION. (a) In General.--Title 9 of the United States Code is amended by adding at the end the following: ``CHAPTER 5--ARBITRATION OF DISPUTES INVOLVING AGE DISCRIMINATION ``Sec. ``501. Definitions. ``502. No validity or enforceability. ``Sec. 501. Definitions ``In this chapter: ``(1) Age discrimination dispute.--The term `age discrimination dispute' means a dispute relating to conduct that is alleged to constitute age discrimination against a person who is not less than 40 years of age in any form, including disparate treatment, disparate impact, harassment, and retaliation, that is prohibited under applicable Federal, Tribal, or State law (including local law). ``(2) Predispute arbitration agreement; predispute joint- action waiver.--The terms `predispute arbitration agreement' and `predispute joint-action waiver' have the meanings given the terms in section 401. ``Sec. 502. No validity or enforceability ``(a) In General.--Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting an age discrimination dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the age discrimination dispute. ``(b) Determination of Applicability.--An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.''. (b) Technical and Conforming Amendments.-- (1) In general.--Title 9 of the United States Code is amended-- (A) in section 2, by inserting ``or 5'' before the period at the end; (B) in section 208, in the second sentence, by inserting ``or 5'' before the period at the end; and (C) in section 307, in the second sentence, by inserting ``or 5'' before the period at the end. (2) Table of chapters.--The table of chapters for title 9, United States Code, is amended by adding at the end the following: ``5. Arbitration of disputes involving age discrimination.. 501.''. SEC. 3. APPLICABILITY. This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act. Calendar No. 396 118th CONGRESS 2d Session S. 1979 _______________________________________________________________________ A BILL To amend title 9 of the United States Code with respect to arbitration of disputes involving age discrimination. _______________________________________________________________________ May 16, 2024 Reported without amendment

usgpo

2024-06-24T00:12:45.624453

BILLS-118hres1242ih

Prioritizing mental health to the same degree as physical health to address the epidemics of suicide and drug overdose in the United States.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1242 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1242 Prioritizing mental health to the same degree as physical health to address the epidemics of suicide and drug overdose in the United States. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 17, 2024 Mr. Thanedar (for himself, Ms. Jackson Lee, and Mr. Soto) submitted the following resolution; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ RESOLUTION Prioritizing mental health to the same degree as physical health to address the epidemics of suicide and drug overdose in the United States. Whereas mental health and physical health are inseparable; Whereas mental health conditions require the same degree of attention as physical health conditions; Whereas mental health and substance use parity requirements for health insurance plans must be firmly enforced; Whereas, according to the Centers for Disease Control and Prevention in 2022, 49,476 Americans lost their lives to suicide, and a reported 105,384 Americans lost their lives to drug overdoses in 2023; Whereas, according to the World Health Organization, mental health and many common mental disorders are significantly shaped by the social, economic, and physical environments in which people live; Whereas social vulnerability, a metric that quantifies the impact of the social determinants of health on county-level populations, is directly associated with risk for adult suicide; Whereas, according to research published in Addictive Behaviors Reports, adults with a history of Adverse Childhood Experiences (ACEs) have a 4.3-fold higher likelihood of developing a substance use disorder; Whereas cultural stigma against mental health disorders is an especially notable social determinant of mental health; Whereas there is a growing body of research on the association between mental health stigma and suicidal actions, but more research must be done to identify a causal relationship; Whereas cultural stigma against mental illness can lead individuals to engage in self-medicative practices, such as illicit drug use, instead of seeking out professional assistance; Whereas, according to the Substance Abuse and Mental Health Services Administration (SAMHSA), among adults aged 18 or older in 2021, those with serious mental illness (SMI) or any mental illness (AMI) were more likely than those without mental illness to have used illicit drugs in the past year (50.2 percent for SMI and 39.7 percent for AMI verses 17.7 percent for adults aged 18 or older with no mental illness); Whereas, according to the National Alliance on Mental Illness, 33.5 percent of United States adults with mental illness also experienced a substance use disorder in 2021, which is over, 19,400,000 individuals; Whereas, according to a 2022 literature review of 38 studies on mental health and opioid overdose, nearly all reviewed studies found a connection between mental disorder and overdose; Whereas, to prevent the perpetuation of this dangerous cycle, mental health education and awareness must begin from an early age, and school-based mental health resources must be better utilized and better funded to achieve this goal; Whereas 1 in 5 children living in the United States experience a mental disorders every year, and an estimated 49.5 percent of adolescents had experienced a mental health disorder; and Whereas mental illness stigma, and specifically self-stigma, is a significant barrier to mental health services for adolescents and adults that must be addressed: Now, therefore, be it Resolved, That the House of Representatives-- (1) expresses support for parity between insurance coverage of mental health and physical health treatment, including full enforcement of existing Federal laws concerning mental health parity; (2) works to extinguish mental health stigmas in the United States; (3) supports the 2024 National Strategy for Suicide Prevention; (4) seeks to provide as many resources and funds as possible to combat the epidemics of suicide and drug overdose by-- (A) promoting Federal, State, Tribal, and local initiatives to retain and expand the mental health workforce; (B) supporting access to and coverage of medication-assisted treatment; (C) adopting evidence-based suicide prevention strategies; (D) funding linguistically, culturally, and age appropriate services; (E) improving quality, coverage, and accessibility of crisis care service; and (F) highlighting health promotion campaigns that utilize digital media to target adolescents and young adults. <all>

usgpo

2024-06-24T00:12:45.731628

BILLS-118s3045rs

To provide for the transfer of administrative jurisdiction over certain Federal land in the State of California, and for other purposes.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 3045 Reported in Senate (RS)] <DOC> Calendar No. 394 118th CONGRESS 2d Session S. 3045 [Report No. 118-178] To provide for the transfer of administrative jurisdiction over certain Federal land in the State of California, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 16, 2023 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources May 16, 2024 Reported by Mr. Manchin, with amendments [Insert the parts printed in italic] _______________________________________________________________________ A BILL To provide for the transfer of administrative jurisdiction over certain Federal land in the State of California, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN FEDERAL LAND IN THE STATE OF CALIFORNIA. (a) Transfer of Administrative Jurisdiction.-- (1) National forest system land.--Administrative jurisdiction over the approximately 160 acres of National Forest System land more particularly described as T.1 S., R.19 E., sec. 24, SE\1/4\NE\1/4\, NW\1/4\SE\1/4\, NE\1/4\SE\1/4\, and SE\1/4\SE\1/4\, Mount Diablo Meridian, Tuolumne County, California, as generally depicted on the map entitled ``Ackerson Meadow Land Interchange'' and dated February 24, 2022, is transferred to the Secretary of the Interior to be managed as part of Yosemite National Park, in accordance with laws applicable to the National Park System. (2) National park system land.--Administrative jurisdiction over the approximately 170 acres of National Park System land more particularly described as the SE\1/4\ of sec. 23 and the land to the north and west of Road 1S25 within the NW\1/4\SE\1/ 4\NW\1/4\ of sec. 24, T.1 S., R. 19 E., Mount Diablo Meridian, Tuolumne County, California, as generally depicted on the map entitled ``Ackerson Meadow Land Interchange'' and dated February 24, 2022, is transferred to the Secretary of Agriculture to be managed as part of Stanislaus National Forest in accordance with laws applicable to the National Forest System. (b) Corrections.-- (1) Minor adjustments.--The Secretary of Agriculture and the Secretary of the Interior may, by mutual agreement, make minor corrections and adjustments to the Federal land transferred under subsection (a) to facilitate land management, including making a correction or adjustment to any applicable survey. (2) Publications.--Any correction or adjustment made under paragraph (1) shall be effective on the date of publication of a notice of the correction or adjustment in the Federal Register. (c) Hazardous Substances.-- (1) Notice.--The Secretary of Agriculture and the Secretary of the Interior shall, with respect to the land described in paragraphs (1) and (2) of subsection (a), respectively-- (A) identify any known sites containing hazardous substances; and (B) provide to the head of the Federal agency to which the land is being transferred under subsection (a) notice of any site containing hazardous substances, as identified under subparagraph (A). (2) Cleanup obligations.--To the same extent as on the day before the date of enactment of this Act, with respect to any Federal liability-- (A) the Secretary shall remain responsible for any cleanup of hazardous substances on the Federal land described in subsection (a)(1); and (B) the Secretary of the Interior shall remain responsible for any cleanup of hazardous substances on the Federal land described in subsection (a)(2). (d) Effect on Existing Rights and Authorizations.--Nothing in this section affects-- (1) any valid existing rights; or (2) the validity or terms and conditions of any existing withdrawal, right-of-way, easement, lease, license, or permit on the land to which administrative jurisdiction is transferred under this section, except that beginning on the date of enactment of this Act, the head of the agency to which administrative jurisdiction over the land is transferred shall be responsible for administering the interests or authorizations in accordance with applicable law. Calendar No. 394 118th CONGRESS 2d Session S. 3045 [Report No. 118-178] _______________________________________________________________________ A BILL To provide for the transfer of administrative jurisdiction over certain Federal land in the State of California, and for other purposes. _______________________________________________________________________ May 16, 2024 Reported with amendments

usgpo

2024-06-24T00:12:45.865896

BILLS-118hr8109ih

Money Follows the Person Permanency Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8109 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8109 To amend the Deficit Reduction Act of 2005 to make permanent the Money Follows the Person rebalancing demonstration. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 23, 2024 Mrs. Dingell (for herself and Mr. Balderson) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Deficit Reduction Act of 2005 to make permanent the Money Follows the Person rebalancing demonstration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Follows the Person Permanency Act of 2024''. SEC. 2. PERMANENT EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION. Section 6071(h)(1)(L) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking ``each of fiscal years 2024 through 2027'' and inserting ``fiscal year 2024 and each subsequent fiscal year''. <all>

usgpo

2024-06-24T00:12:46.154655

BILLS-118hr8146eh

Police Our Border Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8146 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 8146 _______________________________________________________________________ AN ACT To require a report by the Attorney General on the impact the border crisis is having on law enforcement at the Federal, State, local, and Tribal level. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Police Our Border Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Our Federal, State, local, and Tribal law enforcement officers put their lives on the line each day in order to protect our country and serve their communities. (2) According to the National Law Enforcement Officer Memorial Fund, 136 law enforcement officers died in the line- of-duty in 2023. (3) Congress should do everything in its power to support law enforcement officers at every level and in every part of our nation. (4) The southwest border crisis created by the Biden Administration has made every state a border state. (5) The Biden border crisis has placed a burden on law enforcement agencies across the nation and has placed a significant strain on the resources that are critical to keeping communities safe. (6) Law enforcement officers in every state are put in life-threatening scenarios as a direct result of the open borders. (7) Law enforcement has been forced to deal with the influx of fentanyl and many officers are exposed to the drug while on duty. (8) It is in the best interest of law enforcement officers and the communities they serve for Congress to pass, and the President to sign into law, strong border security legislation, and for the President to utilize long standing authorities, including under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)), to secure the southern border. SEC. 3. REPORT. Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the impact the Biden border crisis is having on law enforcement officers at the Federal, State, local, and Tribal level, including-- (1) the estimated dollar amount of all resources devoted to addressing the Biden border crisis, and the extent to which such resources are not available to law enforcement agencies; (2) the exposure of law enforcement officers to fentanyl resulting from encounters with illegal aliens at the border and in the United States, and the nationality of each such alien; (3) injuries to law enforcement officers based on a connection to the Biden border crisis or exposure to fentanyl; (4) the morale of law enforcement officers; (5) the recruiting impact on hiring law enforcement as a result of the Biden border crisis; (6) estimated dollar amount States expended on local law enforcement efforts to investigate, intercept, and process, which includes the entire evidence lifecycle, from collection and analysis to storage and final destruction, fentanyl trafficked from the United States border; and (7) how many law enforcement officers have been reassigned and local resources reallocated to investigate, intercept, and process, which includes the entire evidence lifecycle, from collection and analysis to storage and final destruction, fentanyl trafficked from the United States border. Passed the House of Representatives May 16, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 8146 _______________________________________________________________________ AN ACT To require a report by the Attorney General on the impact the border crisis is having on law enforcement at the Federal, State, local, and Tribal level.

usgpo

2024-06-24T00:12:46.225945

BILLS-118hr7251rh

Poison Control Centers Reauthorization Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 7251 Reported in House (RH)] <DOC> Union Calendar No. 425 118th CONGRESS 2d Session H. R. 7251 [Report No. 118-512] To amend the Public Health Service Act to reauthorize certain poison control programs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 6, 2024 Mrs. Chavez-DeRemer (for herself, Mr. Joyce of Pennsylvania, Mr. Davis of North Carolina, and Mrs. Cherfilus-McCormick) introduced the following bill; which was referred to the Committee on Energy and Commerce May 17, 2024 Additional sponsors: Mr. Carter of Georgia, Mr. Tonko, Mr. Bacon, and Ms. Craig May 17, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 6, 2024] _______________________________________________________________________ A BILL To amend the Public Health Service Act to reauthorize certain poison control programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Control Centers Reauthorization Act of 2024''. SEC. 2. REAUTHORIZATION OF POISON CONTROL PROGRAMS. (a) National Toll-free Number and Other Communication Capabilities.--Section 1271(c) of the Public Health Service Act (42 U.S.C. 300d-71(c)) is amended by striking ``fiscal years 2020 through 2024'' and inserting ``fiscal years 2025 through 2029''. (b) Promoting Poison Control Center Utilization.--Section 1272(c) of the Public Health Service Act (42 U.S.C. 300d-72(c)) is amended by striking ``fiscal years 2020 through 2024'' and inserting ``fiscal years 2025 through 2029''. (c) Poison Control Center Grant Program.--Section 1273(g) of the Public Health Service Act (42 U.S.C. 300d-73(g)) is amended by striking ``fiscal years 2020 through 2024'' and inserting ``fiscal years 2025 through 2029''. Union Calendar No. 425 118th CONGRESS 2d Session H. R. 7251 [Report No. 118-512] _______________________________________________________________________ A BILL To amend the Public Health Service Act to reauthorize certain poison control programs. _______________________________________________________________________ May 17, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

usgpo

2024-06-24T00:12:46.389008

BILLS-118hr8125ih

To designate the area between the intersections of 18th Street Northwest and Church Street Northwest, and 18th Street Northwest and P Street Northwest, in the District of Columbia as Jimmy Lai Way, and for other purposes.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8125 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8125 To designate the area between the intersections of 18th Street Northwest and Church Street Northwest, and 18th Street Northwest and P Street Northwest, in the District of Columbia as ``Jimmy Lai Way'', and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 23, 2024 Mr. Smith of New Jersey (for himself and Mr. Suozzi) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To designate the area between the intersections of 18th Street Northwest and Church Street Northwest, and 18th Street Northwest and P Street Northwest, in the District of Columbia as ``Jimmy Lai Way'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONDEMNING THE JAILING OF JIMMY LAI IN HONG KONG. (a) Findings.--Congress finds the following: (1) In 1997, the United Kingdom transferred sovereignty over Hong Kong to the People's Republic of China (PRC) with guarantees that fundamental rights are protected under both the 1984 Sino-British Joint Declaration and the Basic Law, which enumerate specific rights and freedoms including those of speech, of the press, and of assembly. (2) The Government of the People's Republic of China has repeatedly undermined Hong Kong's autonomy since the 1997 handover, and in particular since the Umbrella Movement protests in 2014, the mass pro-democracy protests in 2019, and the imposition of the draconian National Security Law in 2020, which is vaguely defined and broadly applied to punish people for peacefully exercising their fundamental rights and freedoms. (3) Since its enactment in June 2020, the National Security Law, unilaterally passed by the National People's Congress Standing Committee and enforced by officials in Hong Kong as a pretext to repress legitimate and peaceful speech, assembly, and expression of political opinions. (4) Jimmy Lai, a 76-year-old Hong Kong democracy advocate, media entrepreneur, and a British citizen, has been in prison since December 2020 on multiple fabricated charges, and is currently serving a sentence of almost six years in prison under politically motivated fraud charges, having already served two other sentences, one for joining a vigil to mark the 1989 Tiananmen Square Massacre, and another for participating in peaceful protests in 2019. (5) The Apple Daily newspaper which Jimmy Lai founded and published was forced by the authorities in Hong Kong to close in June 2021, and his Next Media company was delisted from the Hong Kong Stock Exchange under government coercion in January 2023. (6) The trial of Jimmy Lai on charges of ``conspiracy to collude with foreign forces'' under the National Security Law and ``conspiracy to publish seditious publications'' under the sedition law began on December 18, 2023, and resumed on January 2, 2024. (7) Jimmy Lai pleaded not guilty to all charges. (8) The minimum sentence required under the National Security Law is 10 years imprisonment, and therefore it is possible that he could spend the rest of his life behind bars. (9) A group of United Nations experts, being alarmed by ``multiple and serious violations'' of his rights, including the right to a fair trial and access to a lawyer of his own choosing, called for Jimmy Lai's immediate release. (10) Jimmy Lai's meetings with United States Government officials and public figures, including the former Vice President and Secretary of State, the former Speaker of the House of Representatives, and the former Consul-General in Hong Kong, as well as others, have been cited by the prosecution in the court proceedings. (11) Jimmy Lai stands for the values of democracy, human rights, respect for the rule of law, religious freedom, freedom of expression, and media freedom, and is prosecuted and persecuted by the PRC's proxies in Hong Kong solely because of his opinions and activities in pursuit of these values. (b) Sense of Congress.--Congress-- (1) condemns the unjust imprisonment and the show trial of Jimmy Lai; (2) calls upon the Hong Kong authorities to release Jimmy Lai immediately and unconditionally and cease prosecuting him and others charged under the National Security Law; (3) reaffirms the importance of media freedom and the right of publishers, journalists, and media workers in Hong Kong and around the world to operate free from intimidation, harassment, repression, censorship, and fear; (4) recognizes that the severe restrictions on the free flow of news and information from Hong Kong impacts the ability of individuals, corporations, and diplomats to make decisions about travel, investments, and political conditions in Hong Kong; (5) urges the Secretary of State and other relevant Department of State officials to advocate for the release of Jimmy Lai by raising his case with officials of the Hong Kong Special Administrative Region and People's Republic of China; (6) urges the United Nations High Commissioner for Human Rights to hold a special session and appoint an impartial and independent United Nations mechanism to evaluate, monitor, and report on a range of human rights violations in the People's Republic of China, including the impact of the National Security Law on human rights in Hong Kong, as requested by over 50 United Nations Special Experts in 2020; and (7) urges all governments that value democracy, human rights, and the rule of law to call for all charges against Jimmy Lai to be dropped, the trial to end, and for the immediate and unconditional release of Jimmy Lai. SEC. 2. DESIGNATION OF ``JIMMY LAI WAY'' IN THE DISTRICT OF COLUMBIA. (a) Designation of Street Name.-- (1) In general.--The area between the intersections of 18th Street Northwest and Church Street Northwest, and 18th Street Northwest and P Street Northwest in the District of Columbia shall be known and designated as ``Jimmy Lai Way''. (2) Reference.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the area referred to in paragraph (1) shall be deemed to include ``Jimmy Lai Way.'' (b) Designation of Address.-- (1) Designation.--The address of 1520 18th Street Northwest in the District of Columbia shall be redesignated as 1 Jimmy Lai Way Northwest. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the address referred to in paragraph (1) shall be deemed to be a reference to 1 Jimmy Lai Way Northwest. (c) Signs.--The Administrator of General Services shall construct street signs that shall-- (1) contain the phrase ``Jimmy Lai Way NW''; (2) be similar in design to the signs used by the District of Columbia to designate the location of Metro stations; and (3) be placed on-- (A) the parcel of Federal property that is closest to 1 Jimmy Lai Way Northwest (as redesignated by subsection (b)(1)) in the District of Columbia; and (B) the street corners of 18th Street Northwest and Church Street Northwest, and 18th Street Northwest and P Street Northwest, in the District of Columbia. SEC. 3. SENSE OF CONGRESS REGARDING MAIL DELIVERY BY THE UNITED STATES POSTAL SERVICE. It is the sense of Congress that the Postmaster General should recognize any mail which is addressed to the Hong Kong Economic and Trade Office at ``1 Jimmy Lai Way'' in San Francisco, California, or New York, New York, with the appropriate postal codes, and should deliver such mail to-- (1) 130 Montgomery Street, San Francisco, California 94104; or (2) 115 East 54th Street, New York, New York 10022, as the case may be. <all>

usgpo

2024-06-24T00:12:46.397132

BILLS-118hr354eh

LEOSA Reform Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 354 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 354 _______________________________________________________________________ AN ACT To amend title 18, United States Code, to improve the Law Enforcement Officer Safety Act and provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``LEOSA Reform Act of 2024''. SEC. 2. CONFORMING THE LAW ENFORCEMENT OFFICER SAFETY ACT AND THE GUN- FREE SCHOOL ZONES ACT OF 1990. Section 922(q)(2)(B) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (vi); (2) by striking the period at the end of clause (vii) and inserting ``; or''; and (3) by adding at the end the following: ``(viii) by an individual authorized by section 926B or 926C to carry a concealed firearm.''. SEC. 3. MAKING IMPROVEMENTS TO THE LAW ENFORCEMENT OFFICER SAFETY ACT. (a) Each of sections 926B(a) and 926C(a) of title 18, United States Code, is amended by inserting ``or any other provision of Federal law, or any regulation prescribed by the Secretary of the Interior pertaining to a unit of the National Park System'' after ``thereof''. (b) Each of sections 926B(b) and 926C(b) of such title are amended-- (1) in paragraph (1), by inserting ``, except to the extent that the laws apply on property used by a common or contract carrier to transport people or property by land, rail, or water or on property open to the public (whether or not a fee is charged to enter the property)'' before the semicolon; and (2) in paragraph (2), by inserting ``, except to the extent that the laws apply on property used by a common or contract carrier to transport people or property by land, rail, or water or on property open to the public (whether or not a fee is charged to enter the property)'' before the period. (c) Each of sections 926B(e)(2) and 926C(e)(1)(B) of such title is amended by inserting ``any magazine and'' after ``includes''. (d) Section 926C(c)(4) of such title is amended to read as follows: ``(4) has met the standards for qualification in firearms training during the most recent period of 12 months (or, at the option of the State in which the individual resides, a greater number of months, not exceeding 36 months), and for purposes of this paragraph, the term `standards for qualification in firearms training' means-- ``(A) the standards for active duty law enforcement officers as established by the former agency of the individual; ``(B) the standards for active duty law enforcement officers as established by the State in which the individual resides; ``(C) the standards for active duty law enforcement officers employed by any law enforcement agency in the State in which the individual resides; or ``(D) any standard for active duty law enforcement officers for firearms qualification conducted by any certified firearms instructor within the State in which the individual resides;''. (e) Section 926C(d) of such title is amended-- (1) in paragraph (1), by striking ``not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry'' and inserting ``met the standards for qualification in firearms training required by subsection (c)(4) for''; and (2) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) a certification issued by the former agency of the individual, the State in which the individual resides, any law enforcement agency within the State in which the individual resides, or any certified firearms instructor within the State in which the individual resides that indicates that the individual has met the standards for qualification in firearms training required by subsection (c)(4).''. SEC. 4. PERMITTING QUALIFIED CURRENT AND RETIRED LAW ENFORCEMENT OFFICERS TO CARRY FIREARMS IN CERTAIN FEDERAL FACILITIES. Section 930 of title 18, United States Code, is amended-- (1) in subsection (d)-- (A) in paragraph (2), by striking ``or'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``or''; and (C) by adding at the end the following: ``(4) the possession of a firearm or ammunition in a Facility Security Level I or II civilian public access facility by a qualified law enforcement officer (as defined in section 926B(c)) or a qualified retired law enforcement officer (as defined in section 926C(c)).''; and (2) in subsection (g), by adding at the end the following: ``(4) The term `Facility Security Level' means a security risk assessment level assigned to a Federal facility by the security agency of the facility in accordance with the biannually issued Interagency Security Committee Standard. ``(5) The term `civilian public access facility' means a facility open to the general public.''. Passed the House of Representatives May 16, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 354 _______________________________________________________________________ AN ACT To amend title 18, United States Code, to improve the Law Enforcement Officer Safety Act and provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes.

usgpo

2024-06-24T00:12:46.599924

CZIC-g70-212-p74-t42-1995

Analog and Digital Topographic Map of Presque Isle State Park A Report from Pennsylvania Department of Conservation and Natural Resources, Bureau of State Parks, Resources Management Section

[From the U.S. Government Publishing Office, www.gpo.gov] PRESQUE ISLE STATE PARK PILOT GEOGRAPHIC INFORMATION SYSTEM PHASE 11 OcroBER 1995 if .Mm 0 0, zN111f 11"N T ii N, g' @10 "N Ni- D- Z g--vi'g MUM qmwq - 4W pg! TTI M -q 104". "NEW Aw "g--ihq tpf@@ifff N-V ff lff@ N W1 I Prepared By: Keith A. Taylor. Pa-rk Manager %3 nna M. Matula, Intern a Park Resources Management Information System Department of Conservation aLnd Natural Resources Bureau of State Parks Resources Management and Planning Division Harrisburg, PA 17105  Pennsylvania Coastal Zone Management Program Analog and Digital Topographic Map of Presque Isle State Park DCNR Grant/Contract No. CZ1:93.04PS Grant Task No. C21:93- ME No. 94829 A Report from Pennsylvania Department of Conservation and Natural Resources Bureau of State Parks Resources Management Section to the National Oceanic and Atmospheric Administration Pursuant to NOAA Award No. coastal Funded and coordinated through Department of Environmental Protection. Office of Resources Management, Bureau of Resources Management, Division of Coastal Zone Management and the Eri Coastry Department of Planning ZonE Project was financed in part through a Federal Coastal Zone Management Grant from the Pennsylvania Department of Environmental Protection, with funds provided by the NOAA. The views expressed herein are those of the author(s) and do not necessarily reflect the views of NOAA or any of its subagencies.  TABLE OF CONTENTS Section Page Acknowledge ments .............................................. 1 Table of Contents ............................................... i List of Exhibits ............................................. Executive Summary .............................................. 1 1.0 Introduction and Background Information ........................... 4 1.1 Purpose of Study ......................................... 4 1.2 Background ............................................. 4 2.0 Project Initiation ............................................ 5 2.1 Geographic Information System .............................. 5 2.2 Meetings .............................................. 6 2.3 Agreements ............................................ 6 2.4 Equipment .................................... .......... 9 2.4.1 Hardware ......................................... 9 2.4.2 Software ......................................... 9 2.5 Training ............................................... 11 3.0 Coverages ................................................. 11 3.1 Shoreline Coverages ....................................... 11 3.2 One-Foot Contours ....................................... 11 3.3 Bike Trail ............................................. 13 3.4 Valves ................................................ 13 3.5 Signs ................................................. 13 3.6 Species of Special Concern ................................. 19 3.7 Vegetation ............................................. 19 3.8 Wetlands .............................................. 22 3.9 Monuments ............................................ 22 3.10 Telephone Rights-of-Way .................................. 22 3.11 Water Sample Locations ................................... 22 3.12 Beaches ............................................... 22 3.13 Roads ................................................ 27 3.14 Mowing Areas .......................................... 27 3.15 Buoy ................................................. 27  Section Page 4.0 Applications and Procedures .................................... 33 4.1 GPS Shoreline .......................................... 43 4.2 GPS Training ........................................... 43 4.3 Scaled Map Segment AML ................................... 43 4.4 X,Y Avenue Script ............................... ......... 43 4.5 Arc Info Mapping AML .................................... 43 5.0 Budget .................................................... 79 6.0 Recommendations ........................................... 79 Appendix ..................................................... 81 Coverage Descriptions ............................................ 92 Intern's Thoughts ................................................ 84  LIST OF EXHIBITS Exhibit Title Page 2-1 CMT Agreement .................................. 7 2-2 Earth Information Services Agreement .................. 8 2-3 FL Printer HP X2300 ............................... 10 3-1 Presque Isle Shorelines .............................. 12 3-2 One-Foot Contours ................................. 14 3-3 Bike Trail Map . 15 3-4 Application for X,V L*oca*tio*n* U's*i*ng' *V*al'v*e' C' o* v* e*r *a g* e* 16 3-5 Valves .......................................... 17 3-6 Arc View Signs Map ................................. 18 3-7 Signs Map (Seven-Tenths of First Mile) .................. 20 3-8 Vegetation Map ................................... 21 3-9 Wetlands Map ..................................... 23 3-10 Monuments Map ................................... 24 3-11 Telephone Information .............................. 25 3-12 Water Sample Map ................................. 26 3-13 Guarded Beaches .................................. 28 3-14 Road Width Map ................................... 29 3-15 Primary, Secondary, and Service Roads .................. 30 3-16 Mowing Area Map ................................. 31 3-17 Buoy Map ........................................ 32 4-1 GPS Shoreline Procedures ............................ 34 4-2 Trail AML ... 38 4-3 Avenue Procedures ................................. 49 4-4 Mapping AML .................................... 77 5-1 Proposed Budget and Actual Expenditures ................. . 80  ACKNOWLEDGEMENTS The Bureau of State Parks would like to acknowledge the success of the Presque Isle State Park Pilot GIS Project. This is the result of the generous efforts of people from various agencies. The opportunity to work with a variety of accomplished staff made this project a rewarding experience and a successful project. Special acknowledgement goes to Eugene Comoss and Regis Crawford and the staff of the Bureau of Facility Design and Construction, for their help with establishing survey control points for use with the program and also, for their help with data collection at Presque Isle State Park and setting up base stations when needed. Without the guidance and help of Sally Holbert and Todd Plank of Earth Information Services the project would not have progressed as quickly and had sufficient standards developed. Thanks for your patience and assistance on this project. "Thanks" goes to Tom Coleman of General Telephone Electric for providing information on telephone rights-of-way for Presque Isle State Park. A special thanks goes to the interns that have worked on the project at various times throughout the three years. The interns that worked on the project include: Lori Felix, Gerald Johnson, Jennifer Graves, Sasha Lucas, Kimberly Karmelowicz, Amy Stimely, Cristen Benhart, and Michael Bialousz. "Thankel goes to Harry Leslie and the Presque Isle State Park staff for the guidance with the type of information the park needed and acquiring the data.  EXECUTIVE SUMMARY Presque Isle State Park is a seven-mile peninsula, encompassing approximately 3,200 acres in size with 1,900 acres in land mass. The state park is managed by the Bureau of State Parks, Department of Conservation and Natural Resources, Commonwealth of Pennsylvania, for recreation and conservation purposes. As the years pass and numerous yearly storms pound away at Presque Isle State Park's shoreline, resulting erosion and sedimentation occur along this shoreline. This results in a change of the shoreline and a continuous growth of the state park. As a result of this constant change, a program is needed to be devised to provide an up-to-date base map of the state park. This project documents what was the background, types of equipment purchased, training performed, technical assistance, and recommendations. It states procedures set forth for the Bureau of State Parks to use in data collection and mapping. The project was completed through joint ventures with the state agencies, as well as private corporations and individuals. This report has been organized to present the purpose of the study and background of Presque Isle State Park in Section 1. Section 2 deals with the project initiation which includes the meetings, agreements, equipment purchases, and training. The coverages which were developed are explained in Section 3. Section 4 deals with the applications and procedures for a Geographic Information System plan that were developed for the Bureau of State Parks, in particular, Presque Isle State Park. The final budget is explained in Section 5. The overall goal of this project was to provide a modern, up-to-date, accurate geographic data base map in digital and cartographic format for use by the state park system in managing Presque Isle State Park resources. The program must be user friendly for park staff. This project completed and/or enhanced coverages that were in development, wrote applications for their use, and developed additional coverages to meet the needs of Presque Isle State Park. The main emphasis was to create coverages at a V-501 scale. Part of this project resulted in the establishment of guidelines for collecting data and putting information into the system. Step-by-step procedures are given to ensure that the shoreline data is always collected the same. This data will be collected a minimum of three times per year. This will be done in April, July, and November. The breakdown of the parks acreages as of July 27, 1995, are as follows: Jurisdictional Area ....................... 3,340.89 Acres 5001 Off Shore Area ....................... 915.38 Acres Bays .................................. 431.29 Acres Land Mass ............................. 1,652.83 Acres Interior Ponds ............................ 341.29 Acres The following are the recommendations that the Resources Management Section will make to the Bureau of State Parks when the CZM project is complete: With AreView 2.1's capabilities to take GPS data and create coverage, the Bureau should purchase ArcView for a park and let them map the basic information in the park using Resources Management Section's GPS unit. This data would include trails, roads, buildings, utility lines, and structures. This data then could be sent to Central Office for updating Resources Management's plan maps and mini-maps. It would provide base data on doing all the parks. To use State Plane, NAD 83 as the standard projection for state park maps and use the north zone for the entire state. 2 -  To establish a GIS coordinator to oversee the GIS program in BSP. To use the Department's cartographic section to digitize existing maps into Auto CADD for use by Resources Management Section. The Resources Management Section will use Are CAD to take maps between Are Info and Auto CADD. To acquire Are CAD and Are Scan modules for Are Info for use with the GIS program. To create an accurate park boundary coverage for 116 state parks for the replacement of the inaccurate coverage currently being distributed by the Department. To contract with a consultant for the development of a procedure to take Arc Info plot files into Auto CADD for use by the Bureau of Facility Design and Construction. To contract for technical support for providing assistance, application development, and troubleshooting. To continue to map PNDI species locations as a priority project. To evaluate Presque Isle State Park's use of the GIS system after one year of use. In conclusion, the GIS Program was a success in creating an up-to-date base map. As of September, the park will be able to create a new base map within a day. This includes the collection of data, downloading information, and publishing a map with a new shoreline. 3 -  1.0 INTRODUCTION AND BACKGROUND INFORMATION This section of the report describes the purpose of the project effort, discusses the historical setting, natural resources, recreational opportunities, and shoreline processes of Presque Isle State Park. 1.1 Purpose of Stud Presque Isle State Park is a seven-mile peninsula, encompassing over 3,200 acres in size and 1,900+ acres in land mass. The state park is managed by the Bureau of State Parks, Department of Conservation and Natural Resources, Commonwealth of Pennsylvania, for recreation and conservation purposes. As years pass and numerous yearly storms pound away at Presque Isle State Park's shoreline, erosion and sedimentation occur along this shoreline. This results in a change to the shoreline and a continuous growth of the state park. As a result of this constant change, a program is needed to be devised to provide an up-to-date base map of the state park. The overall goal of this project was to provide a modern, up-to-date, accurate geographic data base map in digital and cartographic format within 24 hours for use by the state park system in managing Presque Isle State Park resources. This project consists of preparation of detailed digital map coverages of Presque Isle State Park. Work done by the USGS, in 1992, at 1:12,000 scale, was enhanced through ground verification to match with more detailed Corps of Engineering drawing at a scale of 1:50. Once justified, the new coverages were digitized at 1:50. Features to be included in these more detailed map coverages include: roads and parking lots, beach protection structures, building footprints, one-foot contours, tree lines, annotations and survey control points and elevations. Additional mapped features, such as wetlands identified using the U.S. Fish and Wildlife protocol, were ground verified to match the more detailed coverages. This project also includes the acquisition of a Global Positioning System (GPS) unit suitable for an accuracy of one to five meters. This equipment was used by private research organizations and subcontractors to locate species of special concern and areas of special concern as well as park staff. Part of this request covered expenses incurred in developing this technology as a direct input tool into detailed GIS coverages. This part of the project was to collect very detailed topographic data and to prepare an up-to-date lithographic map of the state park for managing the state park for recreational and conservation purposes. In addition, data would be collected digitally for use on a state park operated PC computer system that would allow augmenting and monitoring digital data as it is modified through management decisions and affected by rising and falling lake levels. The project would include acquisition of equipment that meets departmental standards, methods to quickly and accurately update files, on-site training for park personnel, and enhancement of the pilot GIS program. 1.2 Background Presque Isle State Park, a natural split of land in Lake Erie, is dramatically affected by periodic rising and falling lake levels. This site is extremely unique and has many diverse micro-environments. It also provides habitat for endangered and desirable flora and fauna. Managing this diverse and fragile natural resource is challenging because, in addition to physical concerns associated with natural resource manage- 4  ment, this resource is subject to intense recreational pressure. An estimated three million people visit this state park each year. A previously CZM-funded effort with the Bureau of State Parks (Grant Task No. 87-PS.03) Presque Isle State Park - Environmentally Sensitive Area Study, documented the need for a more accurate and up-to-date base map for Presque Isle State Park. In fiscal year 1992-93, the Bureaus of State Parks, Topographic and Geologic Survey, and the National Mapping Division of the USGS combined resources, used a CZM- funded grant (Task No. 92-PS.02) to establish a Geographic Information System for resource management purposes at Presque Isle State Park. This project was the first attempt on the part of the Department to use a GIS program for park management purposes. 2.0 PROJECT INITIATION This section deals with the initiative that was undertaken by the Bureau of State Parks to meet with other state and federal agencies to develop a GIS program for Presque Isle State Park. This initiative required establishing agreements and setting up training and specifications for hardware and software. 2.1 Geographical Information System A GIS Program is basically a set of computer programs that allow the construction, display, and analysis of maps. GIS is an advanced mode of computerized mapping. The use of maps and other drawings is a common activity shared by all the functions of the Bureau of State Parks. The use of GIS increases the comprehensiveness and efficiency of graphic display. GIS operates first by developing a computerized description of all the information contained on a map or drawing. Each point, line, polygon (area), letter, or number on a map sheet is translated into a series of code numbers (digits) and entered into the computer. This process is referred to as digitizing. The digitized media can be developed from traditional mylar and Bureau of State Parks' maps or drawings, aerial photographs, database, satellite images, or written descriptions of phenomena from surveyor's notes to electronic scanners. The main function of a GIS program is the manipulation of the data information by the computer. This is the power of the system. First, a GIS can automatically change scale, combine maps of different scales, add coloration to differentiate features, and add legends and titles to the map without having to redraw or photographically alter the map. This is a major advance in both efficiency and completeness. This frees time for more complex analysis into the problem at hand or for performing other tasks. GIS allows for new information to be generated from the map base with a remark- able savings of time and effort. Calculations of area (acreage of wetlands, shoreline erosion and acceleration, open fields), linear distances (miles of fencing, roads, earthworks), slope and aspect, and many other land characteristics can automatic- ally be determined with the GIS. A major strength of GIS is the ability to combine maps and drawings of different scales and themes to develop maps that did not exist previously. For example, a historic vegetation map and a map of present conditions can be automatically 5 -  COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES PENNSYLVANIA -Please note our new name- DEPARTMENT OF ENVIRONMENTAL PROTECTION D E P Rachel Carson State Office Building P.O. Box,8555 Harrisburg, PA 17105-8555 November 9, 1995 717-787-2529 Bureau of Land and Water Conservation Neil K. Christerson, Program Specialist Coastal Programs Division - OCRM SSMC4 Room 11209 (N/ORM 3) 1305 East West Highway Silver Spring, MD 20910 RE: DEP File No. CZ1:A(93) Dear Neil: Enclosed with this letter are two copies of the final report for the Detailed Digital mapping of Presque Isle State Park (93-PS.04). This project was completed with funds provided by a financial assistance award in the Coastal Zone Management Program for the fiscal .-.year 1993. Sincerely, Robert S. Edwards i Environmental Planne"r 11 Division of Coastal Pr@ograms Enclosure An @qual Opportunity/Affirmative Action Employer Recycled Paper  combined to produce a new map highlighting areas of similarity and change. This is an extremely useful tool for cultural and natural resource management purposes. 2.2 Meetings This project required meetings with Pennsylvania Department of Conservation and Natural Resources (PA DCNR), Pennsylvania Department of Environmental Protec- tion (PA DEP), private vendors, and the National Park Service (NPS) to pull the project together. During 1995, several meetings were held between CZM staff and BSP staff on the project. Topics for discussion included changes in the budget breakdown, status of the consultant contract, the extension of the project until September 30, 1995, printer/plotter problems, coding of invoices, progress reports, and that the state match would exceed the amount required. The final meeting with CZM was held on September 8, 1995, to assure CZM staff the project would be finished by September 30, 1995, and provide information for CZM quarterly report to NOAA. BSP staff continued to participate in meetings, held by the Department's GIS com- mittee to insure that the project development was following the same direction as the Department's other GIS program. In addition, to be kept aware of other agencies progress and coverages so as not to duplicate efforts and for all bureaus to use the same standards. A meeting with Presque Isle State Park staff, Earth Information Services, and Central Office staff was held on July 13, 1995, at the park. The purpose of this meeting was to determine what data was still needed to meet the requirements of the CZM grant and. the park's needs. Items discussed included which coverages are still needed, specific data for these coverages, applications most important to the park, needed training for ArcView and GPS units, and what would be done the last week of July by the interns. The additional coverages needed consisted of a buoy, water samples, beach identification, and signs. In addition, existing coverages needed control points to be established to bring coverages into an acceptable accuracy when plotted on a V-501 scale. Monthly meetings were conducted between Central Office staff and Earth Informa- tion Services over the grant time period. These meetings covered topics, such as development of the GIS, determining accuracy, application development, training, budget expenses, and troubleshooting. 2.3 Agreements In addition to the Memorandum of Understanding dated January 1, 1993, between Division of Coastal Programs, Bureau of Land and Water Conservation and the Bureau of State Parks, two other agreements were entered into to complete the project. A second agreement with Corvallis Microtechnology, Inc. (CMT) (Exhibit 2-1) for rental of GPS equipment was entered into in July 1995. This equipment was needed to perform additional mapping of features at Presque Isle State Park for when BSP did not have any accurate information with which to create coverages. The final agreement was with EIS (Exhibit 2-2) for technical assistance. The contract was used to assist the BSP with finding solutions to problems on creating other coverages and writing applications for use by Presque Isle State Park's staff. - 6 -  EXHIBIT 2-1 001-SERVICE TRAINING AUTHORIZATION PAYEE (EMPLOYEE OR TRAINING SOURCE NAME AND ADDRESS) BILL TO: AGENCY (PROVIDED ORIGINAL AND TWO COPIES OF INVOICE) EFFECTIVE DATE 3/22/95 Corvallis Micretechnology Inc. DEPARTMENT Environmental Resource TERMINATION DATE 413 SW Jefferson Avenue BUREAUINSTITUTION State Parks 3/23/95 Corvallis, OR 97333 ADDRESS TRAINING SITE (CITY/STATE) Baltimore, MD PAYEE FED ID/SOC.SEC.NO. P.O. Box 8551 93-0866253 Harrisburg, PA 17105-8551 Baltimore, MD EMPLOYEE NAME, ADDRESS AND TELEPHONE NO. 717-787-6674 TRAINING SOURCE NAME, ADDRESS, AND TELEPHONE NO. PAYMENT NOT TO EXCEED Keith A. Taylor 198-42-1966 Holiday Inn Inner Harbor $ Pre Paid Reges Crawford 180-48-5232 301 W. Lombard Street Tina Matula 197-62-7628 Baltimore, MD 21201 SEE INSTRUCTIONS 410-685-3500 ON REVERSE SIDE * address CLASSIFICATION CREDIT OFFERED CLASS MEETS M T W T F S S LEAVE Park Manager III Survey Technician Supv. CREDIT HOURS PAID IN BEGINS 8 TYPE HOURS DAYS Engineer Scientific, & PREVIOUS 12 MOS. Technical Intern ENDS 4 COURSE TITLE AND DESCRIPTION (OUTLINE TRAINING OBJECTIVES AND RELEVANCE OF TRAINING TO EMPLOYEES PRESENT DUTIES). * Bureau of State Parks, P.O. Box 8551, Harrisburg, PA 17105-8551 Hands-On GPS/GIS Training Seminars This one day session provides mission (satellite) planning, setup descriptions and job characters, data collection techniques, post processing data, and expoot data into GIS (Arc- Info in DER). This training has been paid through the SPC that purchased the three hand held MC-GPS data collectors. This training is needed so that Bureau of State Parks and Facility Design and Construction will have employees certified in the use of the MC-GPS data collectors and to train additional staff members in the correct use and handling of the equipment. I HEREBY CERTIFY THAT I WILL ATTEND THIS FULL PROGRAM OUTLINED ABOVE. SUPERVISORS SIGNATURE DATE EMPLOYEES SIGNATURE DATE ESTIMATED COSTS FOR AGENCY INFORMATION SUMAMRY OF TRAINING COSTS LODGING AND SUBSISTENCE TRANSPORTATION EXPENSES TOTAL EST. TRAVEL EXPENSES TRAINING COSTS TRAINING COSTS TO BE PAID BY EMPLOYER EXPENSE $366.00 $0 $ $ Pre Paid $ $122/person ACCOUNT CODE CODED FUND DEPT APP YR LDG ORG COST FUNCTION OBJ AMOUNT OF ENCUMBERANCE LIQUIDATION DOCUMENT NO. LIQUIDATION AMOUNT PREAUDIT POSTED AGENCY APPROVAL DATE COMPTROLLER APPROVAL DATE  SERVICE PURCHASE CONTRACT COMMONWEALTH OF PENNSYLVANIA STD-278 REV.4-93 OGC #98-K-200 APPVD OAG 7-13-89 EXHIBIT 2-2 236661 Department of Environmental Resources Dept. of Environmental Resources Bureau of State Parks Bureau of State Parks 8th Fl., Market Street State Office Building P.O. Box 8551 1/30/95 400 Market Street Harrisburg,PA 17105-8551 Harrisburg, PA 17101-2301 1/1/95 Commonwealth Engineering 23-2092961 12/31/95 Technology, Inc. t/a Earth Information Services 1240 N. Mountain Road Harrisburg, PA 17112 717-541-0644 $15750 Provide Geographic Information System (GIS) coverages is accordance with original Service Purchase Contract 239162, as attached. Exercise of renewal option. X93681 TOTAL 15,750.00 CONTRACTOR AGREES TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE AND ATTACHMENTS, IF ANY, WHICH ARE PART OF THIS CONTRACT. THIS CONTRACT IS NOT VALID OR ENFORCEABLE UNTIL FULLY EXECUTED, APPROVED AND DELIVERED TO THE CONTRACTOR. Contractor agrees to comply with Attachment A, Provisions for Commonwealth Contracts and Attachment B, Federal Requirements, as attached. Technical expertise necessary to follow-through with the development of a GIS System for Presque Isle State Park. The recycled content products provision of Management Directive 215.14 does not apply to this contract. Deborah Kauffman 717-783-3305 FUND DEPT APP YR LDG ORG COST FUNCTION DBJ AMOUNT OF ENCUMBERANCE PRE-ENCUMBERANCE NUMBER AMT OF PRE ENG LIQUIDATED 016 035 501 5 0100 0025 310 10,575.00 ME94284 001 035 701 95 6 6600 00113 310 3,375.00 001 035 134 94 1 6600 60000 310 1,800.00  2.4 Equipment This section discusses the hardware and software purchased by the BSP to develop a functional GIS program for Presque Isle State Park. 2.4.1 Hardware In addition to the hardware purchased under the 1992 CZM Grant, Phase 1, a HP Paintjet Printer/Plotter, two CMT GPS Data Collectors, and two Data Pagers were purchased. The Paintjet printer/plotter was acquired to replace the eight-pen plotter at Presque Isle State Park. This replacement was necessary due to ArcView 2 being a postscript-based software. The original pen plotter could not be upgraded to support postscript capabilities. Therefore, a new printer/plotter (Exhibit 2-3) was purchased to enable the s tate park to produce hard copy maps from their GIS system. The two GPS units were needed to collect, point, line, and attribute data for such items as the shoreline, roads, trails, water sample sites, beach areas, PNDI, signs, mowing areas, or buoy locations for the production of accurate maps at a 1:50 scale. Previous data during Phase I was taken from digital orthophotographs and mylar and paper maps based on various scales ranging from one inch equals 400 feet to one inch equals 1,000 feet. The accuracy level of one to five meters that the GPS units provide permits the state park coverages to be corrected to meet the established standards for the Bureau of State Park's mapping. The data pagers provide an extra accessory to the GPS units to allow for real time correction. The benefits of real time correction is the elimination of post processing of data, thus allowing for a more efficient operation. 2.4.2 Software In addition to the software purchased under the 1992 CZM Grant, Phase 1, another copy of ArcVjew 2, along with a copy Avenue, was purchased. Another copy of PC ArcView 2 was needed to enable Central Office staff to verify that an exported Arc Info coverage that was exported from a workstation would import correctly into AreView 2 on a PC, prior to sending it to Presque Isle State Park. The purchase of Avenue would permit the park and Central Office to modify existing applications that were written by the consultants. In addition as needs develop, the staff could write new applications for ArcView 2 for use by the state park. As of September 30, 1995, the Bureau is running Arc Info version 7.0.2 on a workstation running Solaris 2.4. As for ArcView 2, the Bureau is using release 2.1. Upgrades have been and will continue to be done as needed to keep the Bureau current with technology advancements. Plans are being undertaken to tie the park's computer together with the Central Office computer. This will eliminate the need for mailing disks back and forth between the two offices. 9 -  77/.1 EXHIBIT 2-3 COMMONWEALTH OF PA FIELD PURCHASE ORDER FL-1388584 SHIP TO: (FOB DESTINATION UNLESS BILL TO: (ORIG & 2 COPIES OF SPECIFIED) ITEMIZED INVOICE) DEPT OF ENVIRONMENTAL RESOURCES DEPT OF ENVIRONMENTAL RESOURCES PARKS & FORESTRY ADMINISTRATION PARKS & FORESTRY ADMINISTRATION 8TH FL RACHEL CARSON ST OFFICE BLDG P 0 BOX 8551 400 MARKET ST HARRISBURG PA 17101 HARRISBURG PA 17105 8551 PREP DATE: 5/10/95 DEL DATE: 7/01/95 PRNT DATE: 6/06/95 AGENCY CONT ACT: DEB KAUFFMAN AGENCY PHONE: (717) 783-1896 VENDOR PHONE: (800) 426-7539 CIC SYSTEMS INC FID/SSN: XXXXXXXXX. COPLEY SYSTEMS DIV AG REF: CAPASSO-PF 165 UNIVERSITY AVENUE WESTWOOD MA 02090 ORD TOTAL: 1,993.0( APPROVALS: AGENCY: DEBRA M CAPASSO CONTRACT NO.: 748001 COMPT : JAMES E POTTEIGER EXPIRE DATE: 12/31/95 --- T_ER_M__S_:___NET_30 -------------------------------------------------------------- COMMODITY INFORMATION LINE COMMODITY CODE @QUANTITY UNIT PRICE AMOUNT 0027-001 5810-3125-035 1 EACH 1,645.00 1,645.00 OTHER PRINTERS (EXCLUDE LINE PRINTERS), MFR BY HEWLETT PACKARD LINE ITEM 1912, C1656A-ABA, PAINTJET XL300 COLOR POSTSCRIPT PRINTER 0027-002 5810-3125-035 1 EACH 149.00 149.00' OTHER PRINTERS (EXCLUDE LINE PRINTERS), MFR BY HEWLETT PACKARD NON-CONTRACT ITEM C1653A, B SIZE PAPER TRAY, 11 X 17 0027-003 5810-3125-035 1 EACH 199.00 199.00 OTHER PRINTERS (EXCLUDE LINE PRINTERS), MFR BY HEWLETT PACKARD LINE ITEM J2374B, SOFTWARE KIT ------------------------------------------------------------------------------- ACCOUNTING INFORMATION FND DPT APP YR L ORGN CFUNC CC OBJ SO AMOUNT 001 035 701 95 7 6600 00113 00 425 00 1,993.00 ------------------------------------------------------------------------------- GENERAL INFORMATION P10 - X96081 - CONTINGENT COMMITMENT - DELIVERY AFTER 7/1/95 JUSTIFICATION: PRINTER IS NEEDED WITH THE PRESQUE ISLE STATE PARK GIS TO TAKE THE DIGITAL COMPUTER COVERAGES AND PRODUCE HARDCOPY MAPS OF VARIOUS COVERAGE COMBINATIONS FOR DISTRIBUTION TO THE STAFF AND PUBLIC. IT WILL ALSO BE USED FOR FIELD VERTIFICATION AND ACCURACY OF THE COVERAGES. VENDOR INSTRUCTIONS: DO NOT INCLUDE ON ONE INVOICE ITEMS FROM MORE THAN ONE PURCHASE ORDER. SHOW PURCHASE ORDER NUMBER ON ALL PACKAGES AND CORRESPONDENCE. THE NAME OF THE SHIPPER MUST BE IDENTIFIED ON ALL SHIPMENTS.  2.5 Training Training was provided to BSP staff by the Environmental Scientific Research Institute (ESRI), Corvallis Microtechnology, Inc., BSP Central Office staff, and EIS. All training was geared towards the use of the various hardware and software for the use in creating coverages and running applications. Training performed by the various agencies is listed below: 8 hours of CPS training by CMT for three people 8 hours of CPS training by Bureau staff for nine people 40 hours of Advanced Arc Info by ESRI for one person 16 hours of Are View training by EIS for three people (Exhibit 2-4) 3.0 COVERAGES This section deals with all the coverages that were created or.edited for Presque Isle State Park. A brief description of each coverage is provided along with the attributes that are associated with the coverage. In most of the coverages, an exhibit is provided to show the information. 3.1 Shoreline Coverage These coverages consists of the various shorelines for Presque Isle State Park for July 25, 1994, November 11, 1994, April 26, 1995, and July 26, 1995. The boundary was mapped using CPS equipment and CPS mapping procedures developed by the Bureau of State Parks' Central Office staff. Boundaries were mapped through a combination of walking the shoreline and utilizing an All Terrain Vehicle (ATV). Areas where the staff was unable to drive, the ATVs were walked. The CPS data was then converted into an Arc Info format through procedures developed by the Bureau of State Parks' Central Office staff. Exhibit 3-1 shows these four shorelines. The park will collect shoreline data, a minimum of three times per year. This col- lection will occur in April, July, and November. Additional shorelines may be collected at anytime the park manager requires it. Attribute data includes weather conditions (wind direction, wind speed, and cloud cover), date, and lake elevation. When comparing shorelines, the lake elevation is critical for accurate evaluations. The breakdown of the parks acreages as of July 27, 1995, are as follows: Jurisdictional Area ........................ 3,340.89 Acres 5001 Off Shore Area ........................ 915.38 Acres Bays .................................. 431.29 Acres Land Mass .............................. 1,652.83 Acres Interior Ponds ........................... 341.29 Acres 3.2 One-Foot Contours This coverage was created from 1983 survey data done by a cooperative effort of the Bureau of State Parks and the Army Corp of Engineers. Because this mapping was being done for the shoreline erosion problem, only the lake side of the Penin- sula, back (approximately 800 feet) was mapped. This resulted in this coverage being only 60 percent complete for the park. As funds become available the remain- ing areas of the state park should be mapped at a one-foot interval. One coverage contains contour lines and the other coverage contains 3,068 elevation control points for calculating elevations. This contour coverage will be a benefit when running an- alysis of what will happen with a one-, two- or three-foot rise or fall in Lake Erie's  dilm dopla .......... i i: j: is s:i ....... ..... ... .. ........... ............. .......... ...... ..... .......... ................ p ..... ... ..... ............. ........................ .. ... ... .. . . ... ... ... .. .......... ................... . ... ... ........ ............. wr" ... ........... . .. ... ..... .. . .. . ... .. ... ... .. .. ... ... .. ... ... ... ... ... ............ ................. ........... ..... ... ....... ..... .......... ....... .... ... ... W!:t i-A: m:+:+ww:;-m:4:wi:: r:wr . ... ... ..... ..... ..... ....... . .... @:Ak ............ ..... ... ........... ...... ... ... ... .. ..... ... ... ............... .. ... ... ... .. .. . ... ... ... . . ...... ... ... ... ... ... .......... m a . ......... ..... ... .. . . ......... . . . . ..................... . . .. ... .. ... ... . . ......... I A :7 .. ... ... ............. ... ... ... ... .. . . ............................. :'s. E., ................ ..... ..... .... .. ... ... ... .. . ... .. . ... . ......... . . . . . . . . . . . ... ... ... ... . .......... ............ . . . . . . . . . . . .. . . . . . . . . . . ...... ..... . ...... . .. ... ... ... ... ... ... . . . ... . . . ... . . . . . . . .......... .......... . ......... . . . . . . . . . . . .. . . . . . . . ... .... . . . . . . . . . . . . . . . . . . . . . ... .. ... ... ......... .......... .. ... ... ... . ............ . . ........... ............... .......... .......... ....... . ... ... ... . . ... ... ... ... . . ......... ... ... ... ... .. . ... ... ... . . ... ... ... .. ... ... ... F: i,-;::;.. ........... PARKS RESOURCES PREPMED - MANAGeAMYr INFORMAMON SYSTEMS LEGEND jnbr 19% April 1"S Tnffis N Shoreline Shoreline PL-ObIcing ll_@ DEPARTMENT OF CONSERVATION DESIGNEDBY' K Taylor AND NATURAL RESOURCES No, 19% R.6 Buildinp Pon& & Amil IM DRAM BY. PRIMS Lag- N Shoreline ... ..... ... Shoreline BUREAU OF STATE PARKS SOURCES MANAGEMENT SSCnON TE, JO/i5/i995  elevation. This level of one-foot contour accuracy is not needed for the other state parks by the Bureau. However, if it is available, it will be of benefit to the Bureau of Facility Design and Construction in their project design. Due to the detail of this coverage exhibit is done at a P to 2001 scale to show the detail of the coverage. Exhibit 3-2 shows one area of the park with the contours and control points. 3.3 Bike Trail The bike trail for Presque Isle State Park was designed by the Bureau of Facility Design and Construction using base maps from the Presque Isle GIS program. This cooperative effort resulted in a savings of time and money for both agencies. To accomplish this, an AML was created by the consultant to develop 1 to 50 scale maps. The bike trail and the station number were digitized off 25 individual Park Resources Management Information System (PRMIS) drawings. The coverage contains the bike trails, road paving information, and station numbers along the trail. The bike trail was plotted using a sealed map Are AML to plot 25 individual sheets with match lines. The mapping could be accomplished using either the Bureau of State Parks, Bureau of Facility Design and Construction, or Department of General Services' basic layouts. These drawings were then turned over to the Bureau of Facility Design and Construction for added specifications to use as design drawings for the capital project. Exhibit 3-3 shows one of the 25 drawings created at half the size it was used at. 3.4 Valves This coverage is a point cover showing the location f or 199 water shut-off s, f ire hydrants, and water fountains located throughout Presque Isle State Park. GPS data collectors were utilized to collect the coordinates and attribute data. Attribute data consists of: type of fixture, construction material, building-ID code, and area the valve services. The coverage is critical to the state park because only one staff member knows all the locations of the various water shut-offs, fire hydrants, and water fountains at Presque Isle State Park. As of September 30, 1995, the state park staff will be able to use the GIS program to find the location of each of the valves. This is done by running the X and Y AML application which produces a map (Exhibit 3-4) with the x and y locations on it for the selected valve area. All the staff has to do is take a GPS unit and locate that x,y coordinate to locate a valve as shown on the AreView map. Exhibit 3-5 shows all the valves in Presque Isle State Park. 3.5 Signs The sign coverage for Presque Isle State Park was obtained through the use of GPS equipment. Data was collected the last week of July when five interns from the Bureau of State Parks' Central Office spent a week working at Presque Isle State Park using GPS equipment. Data for the signs coverage was collected in groups of two over a two and a half-day period, approximately ten hours total. Only large signs with two wooden posts were done as requested by Presque Isle State Park's management staff. A total of 29 signs were collected along with data on height, width, type of sign, material of the sign and post of the sign, and whether or not the sign is a reflective sign. A unique sign identification number was also assigned to each sign which corresponds to a picture of that particular sign. The pictures were then developed and put on a CD to be used by the state park in Are View. Exhibit 3-6 shows an Arc View designed map with the area of the sign location and a graphic display of the sign. This method of storing sign data allows the state park to 13 -  uj m c C14 co I . ...... .... LL_j ... .. ...... Q ............ .... . ..... . LLJ . . . . . . . . . . . . . . . . . . . . . -L.J . . . . . . . . . . .... . ... .. C3r F- ... .. ... ... ... . ............... . ........ . L.LJ ..................... .. ..... ... .... ...... . ..... . . ... ... ... . ............ 0L_ J ...... .... . .... ... . .. ....... .. --- .... . . ..... Nit ... .. ...... . .... ... ... ... . it. a .. ..... tj cu U .. ........ ............ . i; im:!:j! J @:i; .............. . .. .. ..... . ... . ............... ........ ............ ................ 7 7 . ... .. .... .. .... .......... ............ .. ... ... ... ... ................. . . .. . ... . . . ..... .............. . . . . . . . . . . . . . . . . . . . -.j j it :j ki. 7 iiij S't:@ . ........... . . . . . . . . . . . . . . . . . . . . . . . . . .J-z ........... . . . . . . ... . ... . ... .. ... ... ... . . . . ... ... . Nw: N 4 . . . . . . . . . . . . . ::;tZ -A iyg . . . . . . . . . . 4r .......... . . . . . . ... . .. ... ... . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 4N, . . . . . . . . . . . . . . . . . . - - - - - - - - ... ... ... ... .. I:. .. ... ... ... ... ... ... . ;ei . ... ... ... p.:j .......... ..... .. . ..... . ............ . _t;Zt. _7 . ... ... . tb .......... t,tl w ...... . . . . .... ..... ... ..... J: 'n't ..... . . . . .. . . . . :S i q v ... ... ... ... .......... U.1 uj . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . ... ... .. ... ... . 441 .il-.::ll!@:, t:j*@ Lr) Z. A::..: .. ... ... .. . LU CC . ... ... ... ... ... ... us cc . . ........ . . . . . . . . . . ... . . . .... co CO z ui > Q CIE W,_ ::Yt coo UJ w Z Z CO 0 uj U3 uu U. _j uu   COORDINATE LOCATION MAP EXHIBIT 3-4 ............ MIN! F, N Valve Trails E Park Roads Pp n d s S Parking Lots A Buildings Park 150 0 150 300 Feet  ............. loe . ... ... ... ... ....... .. .. -:kL. Z:- lo :di :i :q"- ..... . .... .............. ...... . ....... .. ... ... .. ... ... . ........... ..... ........ . . . . .. ......... ....... ..... . .. .. .. .. .... ...... . ... 1; ... . . .. ....... ... .. ........ . .. .. . . . .............. .......... PARKS RESOURCES PREPARED MANAGGAENT INFORMATION SYSTEMS LEGEND Trails Pak Ponds & (homs & parking Various Types AV lio-dary Lagoo- Breakwaters LOW water valves mmmmmmmmmm_@ DEPARTMENT OF CONSERVATION DESIGNEDOr. K Taylor AND NATURAL RESOURCES gs Park /V Docks & 0 Ijuacwre Buildin Apfl'95 ORAY01 SY@ PRIMS Roads Memorial ... Sbareline BUREAU OF STATE PARKS RESOURCES MANAGEMENT SECTION OATF- W/WiGI95  dow - - - - - - - - - - 0. !14 00 It %It Is iu  click on a sign that may have been stolen or damaged to see what type of sign it was and the information that was on the sign. Whether or not this is a practical way of storing data has yet to be seen. Over the next year, the state park will use the coverage and make recommendations on whether this is a good application on Are View. An additional 52 signs that has been inputted previously do not have pictures but have attribute data, such as type of sign, sign construction, height of sign, sign text, whether the sign is a reflective, a sign-ID code, construction material of the sign post, and date of installation. This part of the coverage (Exhibit 3-7) only contains the first seven-tenths of a mile because of the time required to gather the data. It took a two-person crew a period of two and a half days to gather this information. If the state park feels that they need all the 300 plus signs in the state park added to their coverage, park rangers and maintenance staff will be used to gather the data as time permits. 3.6 Species of Special Con ern The coverage of species of special concern for Presque Isle State Park consists mainly of plant species. The decision to concentrate on plants was made by the Resources Management Section because it was felt that this data was more critical than other species to collect. As of September 30, 1995, plant locations for hairy puccoon, silverweed, bushy aster, hoptree, potentilla, paradoxa, lupine, blue flag, and sea rocket have been mapped. This information was gathered using GPS data collectors. Locations of the plants were identified by Jim Bissell from Cleveland Museum of Natural Hist 'ory or the Resources Management Section staff. After weeks of work, this coverage has just begun to be developed. Many more plants need to be located to provide the state park with needed information for making good decisions in regards to protecting these plants. This is one of the primary reasons that a GPS data collector was purchased for Presque Isle State Park. As researchers complete their projects at Presque Isle State Park, the Bureau will request that these areas involving species of special concern be mapped. Mr. Bissell has agreed to GPS all of this field work at Presque Isle State Park for the Bureau of State Parks. He felt that a GPS collector was vital to the collection of this type of data so much that he purchased a unit of his own. Future efforts should consider contracting for species of special concern to be mapped for Presque Isle State Park. It is the only way to best protect these plants if we know where they are located. There is no exhibit showing PNDI species and their location provided in this report due to the sensitivity of this information. Attributed data for this coverage includes the common name, scientific name, Pennsylvania status, the quality of population, EC-code for PNDI, and if applicable, the Cleveland Museum Number. Any questions, contact Keith Taylor, Resources Management Section. 3.7 Vegetation This coverage was created by digitizing field maps that were done on a I" to 400, scale. The only attribute data included in the coverage is the vegetation type and acreage. A look-up table is associated with the coverage; it gives a description of the vegetation cover, name, code, and if applicable pole size, diameter, and dominant species. The basis for this typing is directly related with the resource management plan for Presque Isle State Park. The vegetative survey was done in 1990 by the Bureau of State Parks' staff in cooperation with the Bureau of Forestry. Exhibit 3-8 shows the vegetation on a 111 to 1,0001 scale. As you can see on this scale, the map looks like a collage of many colors. The insert shows a section of the state park mapped at a 1" to 2501 scale to show detail. 19 -  illill;1i @14 ii.Vgiil i-A Signs Trails Park Roads 'lit Parking Lots Breakwaters WIT! Buildings INN! 1,1111, Park . ... ... . ... ... ON ill SIGNS EXHIBIT 3-7 Fill; q i@ 11,11M l 380 0 380 760 Feet  PARKS RESOURCES PREPARED MANAGEMMv INFORMA11ON ayarms LEGEND Trwh 0 9ftuctme 0 02 0 U4 003 m B12 0 P22 0 DESIGNEDBY'K Taylor DEPARTMENT OF CONSERVATION Patt RmskwaWs B20 AC A12 B13 F-1 D11 AND NATURAL RESOURCES ORAMBY1. PRIMS Roads BUREAU OF STATE PARKS Docks G1 U2 SAND A13 B23 D12 RESOURCES MANAGBA ENT SECMON @DATE, JO/15/i995 a 0  3.8 Wetlands This coverage was created from the combination of the National Wetland Inventory (NWI) maps and the state park's vegetation map. Due to the acceptable error factor in the NWI maps, they cannot be used for a good wetland coverage of the state park. The attribute data is identical to the vegetation data. If this coverage is to be used for delineation and design projects, then the boundary lines for the various wetlands should be done using GPS equipment. Exhibit 3-9 shows the various wetlands found at Presque Isle State Park. As the map shows, a large portion of the state park is considered some type of wetland. Therefore, the wetland coverage is critical to the state park management staff when making decisions on natural resource management, maintenance, and development of state park facilities. 3.9 Monuments Information on Presque Isle State Park's monuments were obtained through the resource management plan for Presque Isle State Park provided by the Bureau of State Parks' Central Office staff. The coverage co .ntains all 32 monuments and their location in the state park. Exhibit 3-10 shows the described location of each monument. Attempts to locate these monuments failed due to not having GPS units with real time correction and a metal detector. It is felt that these monuments are buried under sand, and if they should need to be located, the state park would need to use the GPS equipment with real time corrections and a metal detector to find them. 3.10 Telephone Right-of-W Information on Presque Isle State Parks' telephone lines was received on disk in the form of Intergraph files from Mr. Tom Coleman of GTE. The Intergraph files were converted into Arc Info coverages using the arc command IGDSINFO and IGDSARC. The coverages were edited to contain specific data for our purposes. Exhibit 3-11 shows these lines and poles. 3.11 Water Sample Locations This coverage was created using GPS equipment during the last week of July 1995 by the Bureau of State Parks' staff in cooperation with Presque Isle State Park's staff. The coverage contains the location of water samples taken at various beaches for the purpose of monitoring coliform bacteria. Samples are taken twice each week after peak swimming periods. Attributes for the coverage include the beach code, beach name, and description of the sample location, for example: east, west, or center. The coverage is helpful to the state park staff when a new staff member is assigned to take samples on the beaches. A map will show the sample locations including the x and y coordinates. An unfamiliar staff member can then use GPS equipment to locate the location where the sample is to be taken. Exhibit 3-12 shows the sample locations in the state park. 3.12 Beaches This coverage was created using a combination of GPS equipment and existing coverages. Information was collected during the last week of July 1995. The beach areas were mapped by Bureau of State Parks' Central Office staff using an ATV provided by Presque Isle State Park. Attributes of this coverage include: beach code, beach name, whether the beach is guarded or unguarded, number of picnic tables, and the number of lifeguard chairs on each beach. This coverage will enable 22 -  low .01 .00 M V;, 01" PARKS RESOURCES PREPARED MANAGDAENr INFORMAMON SYSTBAS LEGEND Trails Park Ponds & Groins & Parlong SCRUR DEPARTMENT OF CONSERVATION DESIGNEDBY.' K Taylor Boundary L16- Breakwaters Lets SWAMP AND NATURAL RESOURCES PS& Doclo; & Swxture Buildings Shadme, MARSH DRAWN BY' PRIMS Roads memorial BUREAU OF STATE PARKS RESOURCES MANAGBA ENT SEC'nON DATE: J0/15/J995  W; j: ............ .01 el .......... 4 a Jr . . . . . . . . . . . . . . . . W.. 1. ... . ... ... .... .. .. ..... .... .. ......... PARKBRESOURCES PREPARED MANAGEMMIT INFORMA'nON SYSTEMS LEGEND Tfails Ponds & Groing & LA9- -& F*1 Boundary Breakwaten ndts Monuments DEPARTMENT OF CONSERVATION DESIONEDBY* K Taylor AND NATURAL RESOURCES Pat D,,k, & N Sencture, Buildings April 195 DRAVM BY. PRIMS Roads memorial Shoreline BUREAU OF STATE PARKS RESOURCES MANAGEMENT SECTION DATE: JO/i5/i995  .M M M it, ABLE WRENCE @o r_ _n OR > C/) Aik 555-M R) 2" M z 1- R M o rj) M R) CO 0 z ca M to cl) q kiR M 0772 24ii.M+( moo 0 --i cu M M D * f, N M 4. 100, -201 ,lk q'i Al Div, z4 A + R el RaL'e"e 'o oft ig 31 97 8 4. -jF14394 EAM20 W-M Nkl WOR 0 8. 41 I-P qp Aw Ers i gi! i M-d T J C;@ ru 1100 AIN rTl 0 -01.0 r- W -70 Lf) CD DD- L/3 r'Tl GENERATEO BY THE F02080 ou-rsiDE PLANT - INTERACTIVE GRAPHICS SYSTEM M cn M co M A ox. M M Ln M z z Mr. M M  ........." ........ ............. FA;.5: j; i,7 . ... .. .. ... ... ... PARKS RESOURCES PREPARED MANAGEMENr INFORMATION SYSTEMS LEGEND WATER Trails Park Ponds & Grains & SAMPLMO Boundary Leg- Breakvmtm Iot DEPARTMENT OF CONSERVATION DESIGNIEDBY: T MATULA SITES AND NATURAL RESOURCES Pk Docks& ftuch. Rildings Api DRAVYN BY' PRIMS Roads AV Memorig BUREAU OF STATE PARKS RESOURCES MANAGEMENT SECTION P;TE. 0 /15/1995  the Bureau to analyze very quickly hundreds of pages of report data from the lifeguards over the past years by relating their database to this coverage. Previously it would take hours to figure out which beaches had the greatest number of rescues; the new method will speed up the process to under ten minutes. For example, what beaches had greater than 30 rescues in 1994? A report plus a graphic map will be generated showing rescues on each beach. Exhibit 3-13 shows the 18 guarded beaches as identified by the Presque Isle State Park staff. 3.13 Roads This updated roads coverage is an enhancement of the original road coverage that was done on a 111 to 1,0001 scale to bring us into the 1" to 501 accuracy scale. Along with it having a higher accuracy level, it also includes the width of each of the road segments, type of surface, condition of the road, directional status, name of the road, and its status (primary, secondary, or service). The status category will be used by the state park to map which roads are to receive snow removal first, priority in maintenance and repair, and material needed to make such repairs. Exhibit 3-14 shows a section of the park at a 111 to 1001 scale with the type of road and their actual width. Exhibit 3-15 shows all the primary roads in the state park (Peninsula Drive, East Fisher Drive, Thompson Drive), secondary roads (Coast Guard Road, Marina Drive, Pine Tree Drive, West Fisher Drive, Old Peninsula Drive), and service roads. 3.14 Mowing Areas This coverage was generated using GPS equipment by the Bureau of State Parks' staff during the last week of July 1995. This coverage contains mowing areas that are to be mowed only at certain times of the year due to natural resource concerns. Attributes for the coverage include name of mowing area, dates to be mowed, and concern for the particular mowing area. The coverage will be used by state park's maintenance staff to show what areas are to be mowed and at what specific date. Exhibit 3-16 shows the location of the mowing area and the name. 3.15 Buoy This coverage plots the location of the jurisdictional buoys that are placed on the official state park boundary line. Prior to and including 1995 state park staff used two to three staff members with a 500-foot rope to measure from the shoreline to locate the buoys. This had to be done annually because the buoys could not be let out over winter and sometimes after major storms needed to be reset. Also included with this coverage is traffic control buoy locations. Starting in 1996, the Bureau of State Parks' GIS program will produce a map with the x and y coordinates for each of the buoys. Then, all the park ranger staff will be required to do is take the GPS unit with real time correction capabilities out in a boat, find the location, and drop the buoy. This will save the state park time and money. Exhibit 3-17 shows the buoys that are placed by the park staff. 27 -  R :1 ji ,;:.::: j. -1 .. .......... .... -4 ............... . ... ........ .. ... ..... .. ... ... ... ... ... Ebt PARKBRESOURCE8 PREPARED MANAGMAEPir INFORMAMON SYSTEMS LEGEND GUAMED Park Docks & sumclure MWd.W AW BRACHES Roads N memxww LJ sblm DEPARTMENT OF CONSERVATION DESIGNEDBY.- T MATULA AND NATURAL RESOURCES "1 11 Trans pad, Ponds & oroiw & Parking BUREAU OF STATE PARKS DRAVMBY' PRIMS Bomdery Lag- Breakwom LOU RESOURCES MANAGEAA ENT SEMON DATE: 10/15/1995  - - - - - - - - - - - - - - - - PARKBRESOURCES PREPARED MANAGEMOff INFORMAMON SYSTEMS LEGEND T-ib ROAD Pon& & MXAARY SERVICE CENTERLINE L%- ROADS 0 ROADS 0 DEPARTMENT OF CONSERVATION DESIGNEDBY' K Taylor ACTUALVMM ACMAL VWM AND NATURAL RESOURCES DRAVMBY' PRIMS Badmp SECONDARY PRBSQUETSM DAY BUREAU OF STATE PARKS ROADSO LAKEERIE RESOURCES MANAGMENT SECnON DATE: J0/15/J995 ACTUALWIDTH  . .. .. .. .. . ................... ........... ... . . . .. .. . . i# !@j .................... ... @ ... ... ... . .. ........ - - . ... ... ... ... ... ........... . ........... . . . .. ............ .. ........ ....... ... 5i PARKS RESOURCES PREPARED PRIMARY SERVICE PWk Ponds & ch-oins & P-king MANAGEMENT INFORMATION SYSTEM$ DESIGNEDRY: K Taylor LEGEND ROAM ROADS Bound-y LW- Breakwatm lob DEPARTMENT OF CONSERVATION April AND NATURAL RESOURCES SECONDARY nwh Ikw" & Memand shoreline BUREAU OF STATE PARKS DRAVWN BY' PRIMS ROADS RESOURCES MANAGEMENT SECTION rDATE- JO/i5/iSI95  . . ......... .00 _4 .. .. ...... ap .............. . Li imk;t@: ... ... ... ... . or .. .... . . . . loo 14 ......... .. PARKBRESOURCES PREPARED MANAGEMENT INFORMATION SYSTEMS LEGEND MOWING AREAS Pink Db & Strh. BWI"p Romb meangsw DEPARTMENT OF CONSERVATION DEBIQNEDDY: T Matula AND NATURAL RESOURCES mrBils pok pm&& Groms & Pwkmg BUREAU OF STATE PARKS DRAINN BY.' PRIMS Boundwy lag- Brwkwatws L4Dtg RESOURCES MANAGEMENT SECTION FATE: 10/15/1995  N T-S .... . . . . . ---- --- ........... . ... ... .. .. ............. 7.1" .................... . ....... . . . . ......... Of rr:.4. PARKS RESOURCES PREPARED MANAGEMENT INFORMATION SYSTEMS LEGEND -a HUOY //\V/ Pwk Docks & Stucbw Bml&W Aprd *95 LOCATION Roa& Memorial Shoreline DEPARTMENT OF CONSERVATION DESIGNEDGY: T. Matula AND NATURAL RESOURCES DRAYWNSY' PRIMS Tvaih N touldary 0 P--%& 2-r-eakwLs N IPA-ftv- Lag- BUREAU OF STATE PARKS RESOURCES MANAGEMENT SECnON F DATE: JO/15/ F9@@  4.0 APPLICATIONS AND PROCEDURES 4.1 GPS Shoreline A written procedure (Exhibit 4-1) was developed for the staff of the Bureau of State Parks in order to accurately GPS the shoreline of Presque Isle State Park each time. The procedure includes a detailed step-by-step process for setting up the remote unit, creating a new GPS job, logging.data, downloading data into a PC, and sending a copy of the files to Central Office. The procedure is necessary to guide employees through a step-by-step process essential for collecting accurate data the exact same way. 4.2 GPS Trainin A written procedure describing GPS training guidelines was administered to state park staff. The training guidelines served as a preparation for future applications of the GPS units and updating Presque Isle State Park's shoreline. The training procedures described basic functions of the unit, setting up the unit, logging data, setting up a base station, downloading, correcting, and editing data. 4.3 Scale Map Segment AML The initial AML was developed by the consultant to assist with the design'of the new bike trial at the park. A major requirement was that this AML produce hard copy maps at a I" to 501 scale. Exhibit 4-2 is the AML used to create these maps. This AML will be modified for use on mapping an arc to a scale of any length that is required by the Bureau. Plans are to increase the capabilities of the AML, to do lines as well as areas and eventually the ability to point and click on features the designer would like to have on the map. It is recommended that efforts continue to develop a method to take these plot files from Arc Info into Auto CADD. This procedure would result in a savings of time for the Department and reducing the duplication of work sometimes done. The central office staff has been able to take the Auto CADD drawings and bring them into Arc Info. 4.4 X,Y Avenue Scrip This application was developed by the consultant to enable any park employe with five minutes of training to turn on a computer through Are View. and produce a map showing X and Y coordinates of any point. This application will be used with such coverages as valves, buoys, water sample locations, or monuments. Exhibit 4-3 is the text of the Avenue created script. 4.5 Mapping AML This AML was designed by the consultant to enable Bureau staff to produce a map containing any coverages so desired without having AML's for every type of map imaginable. All the maps created for the Phase I part of this project had to have individual AML's for each map. Therefore, creating nine AML's for one report. This is very time consuming and duplicates efforts. Exhibit 4-4 will allow the Bureau staff to create maps for Presque Isle State Park as well as any other park we have coverages for as desired by upper management. 33 -  Exhibit 4-1 GPS PROCEDURES The following procedure is to be used when GPS shoreline at Presque Isle State Park. Employe will use the four-wheel ATV and start at the groin next to the condominium. Employe will need four-wheel ATV, directions, GPS unit, spare battery, small screw driver, magnetic antenna, green antenna hat, mini-map, pen, and lake elevation reading. The steps with can be done at office. Turn GPS receiver on and select GPS JOBS by highlighting <GPS JOBS> and entering. Select <NEW> F1 Key. Enter filename: BDY(mm)(yy). (Example: BDY0493) Fill in by using keyboard: Crew: First Name Initial and Last Name. Department: Maintenance, Administration, Ranger, Intern, or Central Office. Description: Shoreline GPS. PATH: None. Feature Bank: Shorelin (use arrow keys to choose). Select <SETUP> F 3 Key. Select <CONFIRM > F1 Key (Display should be remote). Verify: Settling Time: 3 Defray Logging Mode: Dynamic Session for Static Point: 180 IntvI for Dynamic Mode: 3 Select <Display> F4 Key Verify: Datum: NAD 83 Unit: Feet Height: MSL North: True Time: UTC Offset: -5 for Eastern Standard Time -4 for Daylight Savings Time Cord: SPC Zone: 3701 State: Pennsylvania R: N 34 -  Select <Warning> F2 Key Verify: Nav. Beep: N FTR Beep: Y Warning Range: 0 Feet Warning Message: Y Warning Beep: Y Use keyboard to change any settings. If all three (log, display, and warning) are okay select <SAVE> F5 Key Procedure to park boundary groin and position ATV on waters edge. - Turn GPS receiver on and select GPS JOBS by highlighting oi, typing "G". 0 Selectjob you named at the office. - Select <POSITION> F1 Key 0 Select <FEATURE> F3 Key 0 Push <BANK> F1 Key a Highlight < SHORE > and push < SEL > F5 Key 0 Select <ATTRIBUTE> <BANK> F1 Key. . 0 Weather - Select one option using arrow keys to highlight and push F5 Key. Repeat <BANK> for next attribute push F1 Key. a Wind - Select approximate direction using arrow keys and push F5 Key. Repeat <BANK> for next attribute push F1 Key. 0 Speed - Select approximate speed by highlighting and pushing F5 Key. Repeat < BANK > for next attribute push F1 Key. Date - Enter date using keyboard'YY-MM-DD and push down arrow key. Lake Elevation - Using keyboard XXX.XX. Do not push any key. You are now ready to start logaging. - Select < STORE >, push F4 Key, and start driving shoreline. 0 When you come to groin stop ATV get off and walk shoreline to edge of groin and along groin until you are even with the shoreline, then push <PAUSE > F1 Key. a Walk around to lower side of groin to below the spot where you pushed "pause" and push < C ONTINU E > F1 Key. Walk out about 30 feet and push <PAUSE > F1 Key and put a mark in the sand with your foot. Walk back to ATV. 35 -  Drive ATV to the spot you marked. Push <CONTINUE> F1 Key and drive away. Do the above five steps through whenever you encounter a groin or can't drive the shoreline. Note: If any areas you can't stay within 5 feet of shore, mark area on mini-map. Continue out to the Gull Point Special Management Unit boundary line or as far as the shoreline will permit. Walk Gull Point all the way out and around the spit back to where the closure line meets the water. At this point select < END > F4 Key to stop logging feature. Answer <YES> F5 Key to question stop logging feature. Push < ESC > Key 4 times to get menu screen. Turn off GPS by highlighting < OFF > using arrow keys and push < ENTER >. You are done walking line back to ATV and return to office. Download data to computer. Select CMT from windows. Select Utilities. Select File Transfer. Plug GPS into computer using black adapter in Comml port on back. Turn GPS on and highlight the GPSjob that youjust did. Select Trans <F3> Key. Confirm Config Status for handheld unit: Direction: Send Port: Comml Bond: 19200 Databits: 8 Parity: None Stopbits: 1 (Use arrow keys or keyboard to change.) Make sure configuration matches computer screen except for the port. `[The port is the only thing that can be different between the two configure screens, if you plug the other adapter in Comm2 in the computer.] Make any necessary changes. Then push OK on computer. Select File Transfer. Select Receive. 36 -  0 On GPS Push <GO> F1 Key. 0 Watch files transfer. There will be three. Note naines (extensions will change). a Turn off GPS and copy files to disk and send to Keith Taylor in Central Office. 37 -  Exhibit 4-2 Trail AML /* trails.aml &messages &off &info /* only messages that prompt for something will appear &severity &error &routine bailout &terminal 9999 /* sets graphics display &flushpoints &sv qcover = [exists junkeov -cover] Mf %qcover% &then KILL junkcov &sv qcover = [exists segperm -cover] Mf %qcover% &then KILL segperm &sv qcover = [exists mapetemp -cover] Mf %qcover% &then KILL mapetemp &type Select the arc coverage to plot &sv org = [getcover * -line] /* displays popup of line coverages COPY %org% junkcov /* copies selected coverage to junkeov CREATE mapetemp %org% /* mapetemp used to put box drawn as mape's for each segment &s cov = junkcov &sv bffr = 10 /* used to increase mape slightly &sv paperheight = 19 /* using 19 inches to give a little space on the top and bottom of plot paper &sv scale = [response 'Enter the scale to plot at in feet.<50>' 501 /* As in 111 = 50 &sv rf = 12 * %scale% /* rf fraction. used in plotscale &sv ydir = %paperheight% * %scale% /* used in determining radius of selection circle &sv tempcov = [exists temppoint -cover] &if %tempcov% &then KILL temppoint &sv qcover = [exists templ -cover] Mf %qcover% &then KILL templ, &sv qcover = [exists temp2 -cover] Mf %qcover% &then KILL temp2 NODEPOINT %cov% temppoint /* AE DISPLAY 9999 COORDINATE CURSOR MAPEXTENT %cov% EDITCOV TEMPPOINT EDITFEA LABEL DRAWENV LABEL BC %cov% BE arcs DRAW &type Select end point of arc to be divided &s triger = Jalse. /* makes sure that an arc is selected &do &until %triger% SEL ONE &if [show number select] >= 1 &then 38 -  &sv triger = Arue. &else 6csv triger = Jalse. &end &getlastpoint &sv count = 0 &sv x%count% = %pnt$x% &sv y%count% = %pnt$y% &flushpoints /* Clean out any temporary covers laying around &sv qcover = [exists tempbuf -cover] &if %qcover% &then &sys are KILL tempbuf &sv qcover = [exists temppoint -cover] &if %qcover% &then &sys arc KILL temppoint &call pointbuf /* draw a circle around selected point a radius %ydir% /* Start Main Loop &sv goloop = Arue. 6cdo &while %goloop% &sv count = %count% + 1 &flushpoints &type Select arc to be segmented and the select where to segment it. EF ARCS &s triger = Jalse. &do &until %triger% SEL ONE &if [show number select] >= 1 &then &sv triger = Arue. &else &sv triger = Jalse. &end &getpoint &push SPLIT &sv key%count% = %pnt$key% /* store the x & y locations to a variable &sv x%count% = %pnt$x% &sv y%count% = %pnt$y% &call set_angle &call calc -passthru &call sel box &call draw-mape &s buf loop = [query 'Do You Like ? (Y or N)l TRUEJ &if %bufloop% = FALSE. &then &call, reset-mape &else &do &call matchline removeback tempbuf &call ticadd MAPE %cov% EC %cov% EF ARC DRAW &call sel-box 39 -  PUT trash%count% DELETE &sv goloop = [query 'Want to select another section? (YES NO)' TRUEJ &if %goloop% = TRUE. &then &do &call pointbuf DRAW &end &end &end &call cleanup &return /* ROUTINE POINTBUF /* uses the point coverage that was generated and places a buffer around it at /* the specified distance. &routine pointbuf &sv qcover = [exists tempbuf -cover] &if %qcover% &then &do EDITCOV TEMPBUF REMOVEEDIT TEMPBUF y REMOVEBACK TEMPBUF &SYS ARC KILL TEMPBUF &end CREATE tempbuf %org% EDITCOV TEMPBUF EDITFEA ARCS DRAWENV ARCS &pushpoint 8 0 0 &pushpoint 7 0 0 &pushpoint 2 [value x%count%] [value y%count%] &pushpoint 2 [calc [value x%count%l + %ydir%] [value y%count%] &pushpoint 8 0 0 &pushpoint 5 0 0 &pushpoint 9 0 0 ADD BC tempbuf 2 BE ARCS EC %cov% EF ARCS DRAW &flushpoints &return /* ROUTINE POINTBUF 40 -  /* uses the point coverage that was generated and places a buffer around it at /* the specified distance. &routine pointbuf &sv qcover = [exists tempbuf -cover] &if %qcover% &then &do EDITCOV TEMPBUF REMOVEEDIT TEMPBUF y REMOVEBACK TEMPBUF &SYS ARC KILL TEMPBUF &end CREATE tempbuf %org% EDITCOV TEMPBUF EDITFEA ARCS DRAWENV ARCS &pushpoint 80 0 &pushpoint 70 0 &pushpoint 2 [value x%count%] [value y%count%] &pushpoint 2 [cale [value x%count%] + %ydir%] [value y%count%l &pushpoint 80 0 &pushpoint 50 0 &pushpoint 90 0 ADD BC tempbuf 2 BE ARCS EC %cov% EF ARCS DRAW M lushpoints &return /* ROUTINE TICADD &routine ticadd CREATE ticcov%count% %cov% EF tics SEL ALL DELETE SAVE &pushpoint 1 [calc [value exmin%count%] + 10] [calc [value eymax%count%l - 101 &pushpoint I [calc [value exmax%count%l - 101 [calc [value eymax%count%l - 101 &pushpoint 1 [calc [value exmin%count%] + 10] [cale [value eymin%count%l + 101 &pushpoint 1 [calc [value exmax%count%] - 10] [calc [value eymin%count%l + 10] &pushpoint 9 0 0 ADD SAVE REMOVEEDIT ticcov%count% y &return 41-  /* ROUTINE SET ANGLE &routine set_angle &sv minusone = %count% - 1 &sv angle = [invangle (value x%minusone%] [value y%minusone%l [value x%count%l [value y%count%11 &sv angle%count% = %angle% &sv deg = [radang %angle%] &sv deg%count% = %deg% &return /*ROUTINE SEL-BOX &routine sel box &sv qcover = [exists segtemp -cover] &if %qcover% &then &sys arc KILL segtemp &sV qcover = (exists segbuf -cover] &if %qcover% &then &sys arc KILL segbuf MAPE %cov% EDITFEA ARC &pushpoint 2 %xll% %yll% &pushpoint 2 %xur% %yur% SEL BOX PASSTHRU PUT seg-temp &return /*ROUTINE BUFFERSEG &routine buff erseg &sys ARC BUFFER segtemp segbuf %bffr% line MAPE segbuf &s buf mape = [show mapextent] DRAW &return /*ROUTINE DRAW MAPE &routine draw_mape mape segtemp &s a = (show mapextent] &s exmin%count% = [extract 1 %a%] &s eymin%count% = [extract 2 %a%] &s exmax%count% = [extract 3 %a%] &s eymax%count% = [extract 4 %a%] 42 -  editcov mapetemp editfea arcs &pushpoint 8 0 0 &pushpoint 6 0 0 &pushpoint 2 [calc [value exmin%count%] - %bffr%] [cale [value eymin%count%] - %bffr%] &pushpoint 2 [calc [value exmax%count%l + %bffr%] [calc [value eymax%count%] + %bffr%] &pushpoint 9 0 0 ADD BC mapetemp be arcs draw &return /* ROUTINE COMPARING MAPE AND PAGE HEIGHT* &routine check_mape &s ydist = [calc [value eymax%count%] + %bffr%] - [calc [value eymin%count%] - %bffr%] &s t = [angrad 45] ' &s deltay = %ydist% / [sin [value angle%count%]] &return /*ROUTINE RESET MAPE &routine reset_mape DELETE REMOVEEDIT mapetemp y EC %cov% &s count = %count% - 1 MAPE %cov% EDITFEA ARC SEL ALL UNSPLIT NONE DRAW &return /* ROUTINE CALC PASSTHRU* &routine calc_passthru &sv xIl = [calc [value x%minusone%] - 100] &sv yll = [calc [value y%minusone%] - 100] &sv xur = [calc [value x%minusone%] + 100] &sv yur = [calc [value y%minusone%] + 100] &return -43 -  /**************** /*ROUTINE MATCHLINE* /**************** &routine matchline &if %deg% <=90 &then &do &sv deltax=[sin %angle%]*100 &sv deltay=[cos %angle%]*100 $sv xur%count%=[calc[valuex%count%]+%deltax%] $sv yur%count%=[calc[valuey%count%]+%deltay%] $sv xul%count%=[calc[valuex%count%]-%deltax%] &sv yul%count%=[calc[valuey%count%]-%deltay%] &end &if %deg%>90 and %deg%<=180&then $do &s m = %deg%-90 &s angle = [angrad %m%] &sv deltay=[sin %angle%]*100 &sv deltax=[cos %angle%]*100 &sv xur%count%=[calc[value x%count%]=%deltax%] &sv yur%count%=[calc[value y%count%]=%deltax%] $sv xul%count%=[calc[valuex%count%]-%deltax%] &sv yul%count%=[calc[valuey%count%]-%deltay%] &end &if %deg%>90 and %deg%<=180&then $do &s m = %deg%-90 &s angle = [angrad %m%] &sv deltay=[sin %angle%]*100 &sv deltax=[cos %angle%]*100 &sv xur%count%=[calc[value x%count%]=%deltax%] &sv yur%count%=[calc[value y%count%]=%deltax%] $sv xul%count%=[calc[valuex%count%]-%deltax%] &sv yul%count%=[calc[valuey%count%]-%deltay%] &end &if %deg%>90 and %deg%<=180&then $do &s m = %deg%-90 &s angle = [angrad %m%] &sv deltay=[sin %angle%]*100 &sv deltax=[cos %angle%]*100 &sv xur%count%=[calc [value x%count%]=%deltax% &sv yur%count%=[calc[valuey%count%]=%deltay%] &sv xul%count%=[calc[valuex%count%]-%deltax%] &sv yul%count%=[calc[valuey%count%]-%deltay%] &end /*EC matchline EF arcs -44-  &pushpoint 8 0 0 &pushpoint 5 0 0 &pushpoint 2 [value xul%count%l [value yul%count%] &pushpoint 2 (value xur%count%] [value yur%count%] &pushpoint 9 0 0 ADD /*PUT matchline y &sv qcover = [exists matchline -cover] Mf %qcover% &then &do PUT matchline Y_ DELETE &end &else &do PUT matchline DELETE &end &return /* ROUTINE CLEANUP /* kills all coverages upon ending the aml. &routine cleanup &sv qcover = [exists tempbuf -cover] Mf %qcover% &then &sys ARC KILL tempbuf &sv qcover = [exists segbuf -cover] Mf %qcover% &then &sys ARC KILL segbuf &sv qcover = [exists tempgen -cover] Mf %qcover% &then &sys ARC KILL tempgen &sv qcover = [exists temppoint -cover] Mf %qcover% &then &sys ARC KILL temppoint &sv qcover = [exists mapetemp -cover] Mf %qcover% &then &sys ARC KILL mapetemp &sv qcover = [exists segperm -cover] &if %qcover% &then &sys ARC KILL segperm &sv qcover = (exists segtemp -cover] Mf %qcover% &then &sys ARC KILL segtemp &sv qcover = [exists junkcov -cover] Mf %qcover% &then &sys ARC KILL junkcov quit n &s exit = [response 'Do you want to continue and make plot files from the segments? <Y or N>, Y] &if %exit% = y &then &call plot 45 -  &s segkill = [response 'Do you want to clean up the coverages of the individual segments that you just created? This will kill the coverages. <Y or N>' y] Mf %segkill% = y &then &call fcleanup &messages &on &return /* PLOT ROUTINE &routine plot ap &s plotcount = 1 &do &until %plotcount% > %count% clear map segment%plotcount% mbegin pagesize 36 24 /*mape trash% plotcount % /*mape [calc [value exmin%plo'tcount%l - %bffr%l [calc [value eymin%plotcount%] - %bffr%l [calc /*[value exmax%plotcount%] + %bffr%l [cale [value eymax%plotcount%] + %bffr%] &call max_mape mape %xminplt% %yminplt% %xmaxplt% %ymaxplt% mapposition LL LL maplimits 2.5 1.75 28.375 22.75 mapposition cen cen mapunits feet mapscale %rf% plot derdsgn.gra mend mbegin lineset plotterMin linesymbol 4 arcs ponds linesymbol 1 arcs bldgs linesymbol 79 polys buf trails linesymbol 2 polys bufroad18 linesymbol 601 arcs matchline markerset plotter.mrk markersize .125 markersymbol 37 polygonshades ponds 76 polygonshades bldgs 73 linesymbol 705 arcs bdy1194 tics tiecov%plot count% mend 46 -  /*mrotate [calc [value deg%plotcount% -11 mbegin markerset north.mrk markersymbol 5 markersize 3 marker 26 5 /*mrotate [cale [value deg%plotcount% -11 mend keyposition 28.5 21 keyseparation .125 .25 keybox 1.0 0.0 textsize .125 lineset plotterMin keyline bikelines.key nobox keybox 1.0 0.5 shadeset plotter.shd keyshade bikeshade.key nobox &call tic-coords move 28.5 14 textsize .125 textset font.txt text [quote 1 %exmin% %eymax%] move 28.5 13.5 text [quote 2 %exmax% %eymax%] move 28.5 13 text [quote 3 %exmin% %eymin%] move 28.5 12.5 text [quote 4 %exmax% %eymin%] move 31.875 2.094 text [quote %plotcount% of %count%] cc move 30.125 1.922 text [quote 111 = %scale%] cc map end &s plotcount = %plotcount% + 1 &type 'Plot is complete' &end Q &return /*ROUTINE TIC COORDS &routine tic coords &s exmin = (cale [value exmin%plotcount%] + 10] &s eymin = [cale [value eymin%plotcount%l + 101 &s exmax = [calc [value ex max%plot count%] - 10] &s. eymax = [calc [value eymax%plotcount%l - 101 &return /* ROUTINE FINAL CLEAN UP &routine f cleanup KILL matchline &s killcount = 1 47 -  &do &until %killcount% > %count% KILL trash% killcount% KILL ticcov%killcount% &s killcount = %killcount% + 1 &end &return /* ROUTINE MAX MAPE* &routine max_mape &s xv = (calc [value exmax%plotcount%] - [value exmin%plotcount%ll &if %xv% < %ydir% &then &do &s k = [calc %ydir% - %xv%] &s k2 = [calc %k% / 21 &s xmaxplt [calc [value exmax%plotcount%] + %k2%] &s xminplt [cale [value exmin%plotcount%] - %k2%] &end &else &do &s xmaxplt [value exmax%plotcount%l &s xminplt [value exmin%plotcount%] &end &s yv = [calc [value eymax%plotcount%] - [value eymin%ploteount%]] &if %yv% < %ydir% &then &do &s h = [calc %ydir% - %yv%] &s h2 = [calc %h% / 2] &s ymaxplt [calc [value eymax%plotcount%] + %h2%] &s yminplt [calc [value eymin%plotcount%] - %h2%] &end &else &do &s ymaxplt [value eymax%plotcount%] &s yminplt [value eymin%plotcount%] &end &return /* ROUTINE BAILOUT &routine bailout &severity &error &ignore &messages &on &return &error Bailing out of AML /* Safety Net & return -48 -  Exhibit 4-3 X,Y Location Script (Project.1 Name: lipoint.apr" CreationDate: "Thu Aug 24 06:36:53 199511 GUIName: "Projectil Win: 2 CSMgr: 3 Buttons: 4 Buttons: 5 Buttons: 6 Scripts: 7 GUI: 521 WorkDir: 691 WinX: -4 WinY: -4 WinW: 648 WinH: 488 SerialNumber: 1160245011770711 SelColor: 692 (DocWin.2 Owner: I Open: I X: 5 Y: 5 W: 238 H: 317 (CSMgr.3 (LButn.4 HelpTopic: "New button" Update: "Proj ect.Buttonl Update" Label: "&New" Click: "Project.Buttonlil (LButn.5 Disabled: 1 HelpTopic: "Open button" Update: 'IP roj ect. Button2 Update" Label: II&OpenII Click: "Project.Button2li (LButn.6 Disabled: 1 49 -  HelpTopic: "Run button" Update: "Project.Button3Update" Label: "&Run" Click: "Project.Button3" (NameDict.7 Obj: 8 Obj: 9 ) (Script.8 Name: "View.AddXY" SourceCode:''' AddXYCoords/n'*************************************************************\n'Mesagebox for instructions before labeling begins\n'************************************************************\n\nackn= Msgbox.YesNo(\"The theme to be labeled must be active and be either a point or polygon theme. Set the font size using the WINDOW SYMBOL PALETTE. Press yes to continue.\",\"\",false)\nif(ackn=false) then exit\nend\ntheView=av.GetActiveDoc\n'must be global to work in CAlc exp below\n_theProjection=theView.GetProjection\nproject_ flag=_theProjection.IsNil.Not 'true if projected\ntheTheme= theView.GetActiveThemes.Get(0)\n\n'Check if point or polygon theme\nif (((theTheme.GetSrcName.GetSubName=\"point\")or\n (theTheme.GetSrcName.GetSubName =\"polygon\",\"\")\n exit\nend\n\n'get the theme table and current edit state\ntheFTab= theTheme.GetFTab/ntheFields=theFTab.GetFields/nedit_state=theFTab.IsEditable\n\n'make sure table is editable and that fields can be added\nif (t heFtab.CanEdit) then\n theFTab.SetEditable(true)\n if((theFTab.CanAddFields).Not) then\n\n MsgBox.Info(\"Can't  theFTab.RemoveFields([theFTab.FindField(\"Coords\")))\nend\n\nl************************** ******* ****\n'Calculate value of Coord field\nl*************************************\n\ntheTheme.EditTable\ntheTable av.GetActiveDoc\ntheVTab = theTable.GetVTab\nf 1 = Field. Make (V'CoordsV, # FIELD_CHAR, 40, 0)\ntheVTab. Add F i elds(ff 1})\ntheVTab. Calculate(\" [X-coord]. AsStri ng++[Y- q oord]. A sStr ing\11, the VTab. Find F i eld(\" Coords\"))\nav. GetActiveDoc.GetWin.Close\n\n'************************************\n' Need to close TABLE at this features using the Coord f ield\nl**************************************************\n\nav.showMsg(\"Labeling themes ... \11) \nav. Sho wStopBut ton\nav. Set St atus(O) \n\nt he View = av.GetActiveDoc\ntheGraphics theView.GetGraphics\n\nthePri = theView.GetProjection\n\ncancelled = false\n\ntheVTab theTheme.GetFTab\naField = theVTab.Fi ndFieldNIcoords\IIAn\n theTxPos = theThe me. GetText Posit i oner\n av. Show Msg(\" Labeling \"+theTheme.GetName+\" ... Y'An theThemeGraphics = theTheme.GetGraphics\n theVTab theTheme.GetFTab\n theShape = theVTab.G etShape Class. M akeNulAn if (theVTab. GetSelect ion. Count = 0) then\n recs = theVTab\n numRecs recs.GetNumRecords\n else\n recs = theVTab.GetSelection\n nurnRecs = rees.Count\n end\n\n recNum = 1\n for each rec in recs\n \n 'Create labelAn \n t = theVtab.ReturnValueString(aField, rec)\n if (t.IsNull) then continue end\n\n label = GraphicText.Make(t,0@0)\n label. Set D isplay(theV le w. Get D isplay)\n label. SetSelected(true)\n\n 'Position labelAn \n theVtab.QueryShape(rec,thePrj,theShape)\n if (theShape.IsNull) then continue end\n theSymSize = theTheme.ReturnSymbolSize(rec)\n\n theTxP os. Calculat e(theShape, label. Get Extent,theSy mSize, nil)\n label. SetOrigi n(theTxP os. G etOrigin) \n label. SetAngle(theTxP os.G etAngle)\n\n 'Add label to graphics lists\n \n theGraphics.AddBatch(label)\n theThemeGraphics.Add(label)\n\n numThemes = I\n themeNum = An n = themeNum numRecs + recNum\n d = numThemes * numRecs\n cancelled = av.SetStatus(100 * (n/d)).not\n if (cancelled = true) then\n break\n end\n\n themeNum = themeNum + I\n turn editing state to pre-script running state\nl************************************************\n\ntheFTab.SetEditable(edit sta te)\n\n .'Stop updating graphics and clear status messageAn \n theGraphics.EndBatch\n av.SetStatus(100)\n av.ClearMsg\n\n" (Script.9 Name: "View.AddXYUpdate" SourceCode:"theView = av.GetActivel)oc\nSELF.SetEnabled(O < theView.G etActiveThe mes. Count) \n (DoeGUI.521 Name: "View Type: "View" Modif ied: 1 MenuBar: 522 ButnBar: 612 ToolBar: 653 (MenuBar.522 - 51 -  Child: 523 Child: 534 Child: 547 Child: 566 Child: 584 Child: 594 Child: 604 (PMenu.523 Child: 524 Child: 525 Child: 526 Child: 527 Child: 528 Child: 529 Child: 530 Child: 531 Child: 532 Child: 533 Label: "&File" (Choice.524 Help: "Closes the active component" HelpTopic: "Close" Label: "&Close" Click: "Project.CloseDoc" Shortcut: "Keys.None" (Choice.525 Help: "Closes all components" HelpTopic: "Close All" Label: "Close &All" Click: "Project. CloseAll" Shortcut: "Keys.Nonell (Space.526 (Choice.527 Help: "Saves the current project" HelpTopic: "Save Project" Label: "&Save Project" Click: "Project. Save" Shortcut: "Keys.Ctrl+S" (Space.528 (Choice.529 Help: "Prints the view" HelpTopic: "Print" Update: "Doe.Print.Updatell - 52 -  Label: 'Wrint... Click: "View.Print" Shortcut: "Keys.Nonell (Choice.530 Help: "Edits the printer and the printing options" HelpTopic: "Print Setup" Label: I'Mrint Setup..." Click: "Project.PrintSetup" Shortcut: "Keys.None" (Choice.531 Disabled: 1 Help: "Exports the view" HelpTopic: "Export" Update: "Vie w.HasThe m esUpdatell Label: "&Export ... " Click: "View. ExportD isp" Shortcut: "Keys.None" (Space.532 (Choice.533 Help: "Exits AreView" HelpTopic: "Exit" Label: "E&xit" Click: "Project.Exit" Shortcut: "Keys.None" (PMenu.534 Child: 535 Child: 536 Child: 537 Child: 538 Child: 539 Child: 540 Child: 541 Child: 542 Child: 543 Child: 544 Child: 545 Child: 546 Label: "&Edit" (Choice.535 Disabled: 1 Help: "Cuts the active themes to the clipboard" HelpTopic: "Cut Themes" Update: "View.ActiveThemesUpdatell Label: IIC&ut Themes" Click: "View. CutThe mes" Shortcut: "Keys.Nonell ) 53 -  (Choice.536 Disabled: 1 Help: "Copies the active themes to the clipboard" HelpTopic: "Copy Themes" Update: "View.ActiveThemesUpdatell Label: IICop&y Themes" Click: "View. CopyThe mes" Shortcut: "Keys.Nonell (Choice.537 Disabled: 1 Help: "Removes the active themes from the view" HelpTopic: "Delete Themes" Update: "View.ActiveThemesUpdatell Label: I'De&lete Themes" Click: "View. DeleteThe mes" Shortcut: "Keys.None" (Space.538 (Choice.539 Disabled: 1 Help: "Cuts the selected shapes or graphics to the clipboard" HelpTopic: "Cut Graphics" Update: "View. CutUpdate" Label: "Cu&t Graphics" Click: "View. CutGraphics" Shortcut: "Keys.Ctrl+X" (Choice.540 Disabled: 1 Help: "Copies the selected shapes or graphics to the clipboard" HelpTopic: "Copy Graphics" Update: "View. Cut Update" Label: "&Copy Graphics" Click: "View. CopyG raphics" Shortcut: "Keys.Ctrl+C" (Choice.541 Disabled: 1 Help: "Removes the selected graphics or shapes from the view" HelpTopic: "Delete Graphics" Update: "View. CutUpdate" Label: "&Delete Graphics" Click: "View. D eleteG raphi cs" Shortcut: "Keys.Del" (Choice.542 Disabled: 1 Help: "Merges the selected graphics from the View" HelpTopic: "Merge Graphics" - 54 -  Update: "View. MergeUpdate" Label: "&Merge Graphics" Click: "View. MergeGraphics" Shortcut: "Keys.None" (Space.543 (Choice.544 Disabled: 1 Help: "Inserts the contents of the clipboard" HelpTopic: "Pastel' Update: "View. PasteUpdate" Label: "&Pastel' Click: "View.Pastell Shortcut: "Keys.Ctrl+V" (Space.545 (Choice.546 Disabled: 1 Help: "Selects all graphics in the view" HelpTopic: "Select All Graphics" Update: "View.HasGraphicsUpdatell Label: "Select &All Graphics" Click: "Graphic.SelectAll" Shortcut: "Keys.None" (PMenu.547 Child: 548 Child: 549 Child: 550 Child: 551 Child: 552 Child: 553 Child: 554 Child: 555 Child: 556 Child: 557 Child: 558 Child: 559 Child: 560 Child: 561 Child: 562 Child: 563 Child: 564 Child: 565 Label: "&View" (Choice.548 Help: "Displays the dialog box to edit properties of the view" HelpTopic: "View Properties" - 55 -  Label: "&Properties... Click: "View.Properties" Shortcut: "Keys.None" (Space.549 (Choice.550 Help: "Inserts themes into the view" HelpTopic: "Add Theme" Label: "&Add Theme... Click: "View.Add" Shortcut: "Keys.Ctrl+T" (Choice.551 Help: "Displays a dialog box to insert an event-based theme into the view" HelpTopic: "Add Event Theme" Update: "View.AddEventUpdate" Label: "Add &Event Theme... Click: "View.AddEvent" Shortcut: "Keys.None" (Choice.552 Help: "Creates a new theme" HelpTopic: "New Theme" Label: "&New Theme... Click: "View. NewThe m ell Shortcut: "Keys.Nonell (Choice.553 Disabled: 1 Help: "Makes all themes visible" HelpTopic: "Themes On/Themes Off" Update: "View.HasThemesUpdatell Label: "&Themes On" Click: "View.ThemesOn't Shortcut: "Keys.None" (Choice.554 Disabled: 1 Help: "Makes all themes invisible" HelpTopic: "Themes On/Themes Off" Update: "View. HasThe m esUpdatel' Label: "T&hemes Off" Click: "View.ThemesOff" Shortcut: "Keys.Ese" (Space.555 (Choice.556 - 56 -  Disabled: I Help: "Create a Layout from the View" HelpTopic: "Use Template" Update: "View.HasThe m esUpdat ell Label: "La&yout ... 11 Click: "View.Layout" Shortcut: "Keys.None" (Space.557 (Choice.558 Disabled: 1 Help: "Zooms to the extent of all themes" HelpTopic: "Zoom to Full Extent" Update: "View.HasDataUpdat ell Label: "Full E&xtent" Click: "View. Zoo mFullExtent" Shortcut: "Keys.Nonell (Choice.559 Disabled: 1 Help: "Zooms in on the center of the display" HelpTopic: "Zoom In" Update: "View.HasDataUpdate" Label: "Zoom &In" Click: "View.Zoomln" Shortcut: "Keys.None" (Choice.560 Disabled: 1 Help: "Zooms out from the center of the display" HelpTopic: "Zoom Out" Update: "View.HasDataUpdatell Label: "Zoom &Out" Click: "View. Zoo mOut" Shortcut: "Keys.Nonell (Choice.561 Disabled: 1 Help: "Zooms to the extent of active themes" HelpTopic: "Zoom to Active Theme" Update: "View.Act iveThe m esUpdat ell Label: "&Zoom To Themes" Click: "View. Zoo mToThe mes" Shortcut: "Keys.None" (Choice.562 Disabled: 1 Help: "Zooms to the extent of the selected features" HelpTopic: "Zoom to Selected" Update: "View. Select ableThe mesUpdat ell 57 -  Label: "Zoom To &Selected" Click: "View. Zoo mToSelected" Shortcut: "Keys.Nonell (Space.563 (Choice.564 Disabled: 1 Help: "Finds features in the active themes using the text you enter" HelpTopic: "Find" Update: "View.TabularThemesUpdate" Label: "&Find ... 11 Click: I'View.Findll Shortcut: "Keys.Ctrl+F" (Choice.565 Disabled: 1 Help: "Locates an address in the active, matchable theme" HelpTopic: "Locate" Update: "View. Locate U pdat ell Label: "&Locate ... 11 Click: I'View.Locatell Shortcut: "Keys.None" (PMenu.566 Child: 567 Child: 568 Child: 569 Child: 570 Child: 571 Child: 572 Child: 573 Child: 574 Child: 575 Child: 576 Child: 577 Child: 578 Child: 579 Child: 580 Child: 581 Child: 582 Child: 583 Label: "&Theme" (Choice.567 Disabled: I Help: ."Displays the dialog box to edit properties of the active theme" HelpTopic: "Theme Properties" Update: I'View.Act iveThe m esUpdat ell Label: "&Properties ... 11 Click: "View.ThemeProperties" Shortcut: IlKeys.Nonell - 58 -  (Choice.568 Disabled: 1 Help: "Starts or stops editing of shapefile" HelpTopic: "Start/Stop Editing in a view" pdate: "View. Toggle Edit ingUpd at ell Label: "Start &Editing" U Click: "View. ToggleEdit ing" Shortcut: "Keys.None" (Choice.569 Disabled: I Help: "Converts a theme to a shapef ilell HelpTopic: "Convert to Shapefile" Update: "View. ExportUpdat ell Label: "Convert to &Shapef ile..." Click: "View.Export" Shortcut: IlKeys.Nonell (Space.570 (Choice.571 Disabled: 1 Help: "Displays the legends of the active themes" HelpTopic: "Legend Editor" Update: "View. ActiveThe m esUpdat ell Label: "Edit &Legend ... 11 Click: "View. Edit Legend" Shortcut: "Keys.Nonell (Choice.572 Disabled: 1 Help: "Displays the geocoding editor for address matching" HelpTopic: "Re-match" Update: "View. Edit MatchUpdatel' Label: "&Re-match ... 11 Click: "View. Edit Match" Shortcut: IlKeys.Nonell (Choice.573 Disabled: 1 Help: "Shows or hides the active themes' legends" HelpTople: "Hide/show Legend" Update: "View. Act iveThe m esUpdatell Label: "&Hide/Show Legend" Click: "View.ToggleLegend" Shortcut: IlKeys.Nonell (Space.574 59 -  (Choice.575 Disabled: 1 Help: "Labels active, visible themes" HelpTopic: "Auto-label" Update: "View. LabelThe m esUpdat e" Label: "&Auto-label" Click: "View. LabelThemes" Shortcut: "Keys.Ctrl+L" (Choice.576 Disabled: 1 Help: "Associates selected graphics with active theme" HelpTopic: "Attach Graphics" Update: "View. AddGraphicsUpdat e" Label: "Atta&ch Graphics" Click: "View. AddGraphics" Shortcut: "Keys.Nonell (Choice.577 Disabled: 1 Help: "Clear graphics that are associated with active themes" HelpTopic: "Detach Graphics" Update: "View.ActiveThemesUpdate" Label: "&Detach Graphics" Click: "View. ClearGraphics" Shortcut: "Keys.None" (Space.578 (Choice.579 Disabled: 1 Help: "Opens the tables of the active themes" HelpTopic: "Open Theme Table" Update: "View.TabularThemesUpdatell Label: "&Table ... 11 Click: "View. ShowTable" Shortcut: "Keys.None" (Choice.580 Disabled: 1 Help: "Displays the Query Builder to select features with a logical expression" HelpTopic: "Query Builder" Update: "View.TabularThemesUpdate" Label: "&Query ... 11 Click: "View.Query" Shortcut: "Keys.Ctrl+Q" (Choice.581 Disabled: 1 Help: "Selects features in the active themes using another theme's features" HelpTopic: "Select By Theme" - 60 -  Update: "View. SelectableThe mesUpd at ell Label: "Select &By Theme ... 11 Click: "View. Select ByThe m ell Shortcut: "Keys.Nonell (Choice.582 Disabled: 1 Help: "Unselects the selected features of all active themes" HelpTopic: "Clear Selected Features" Update: "View.TabularThemesUpdate" Label: "Clear Selected &Features" Click: "View. ClearSelect" Shortcut: "Keys.None" (Choice.583 Disabled: I Help: "Places coordinate labels beside features" Update: "View. Act iveThe m esUpdat ell Label: "Label Coordinates" Click: I'View.AddXY11 Shortcut: "Keys.None" (PMenu.584 Child: 585 Child: 586 Child: 587 Child: 588 Child: 589 Child: 590 Child: 591 Child: 592 Child: 593 Label: "&Graphics" (Choice.585 Disabled: I Help: "Displays the property editor for the selected graphic" HelpTopic: "Graphic Properties" Update: "Graphic. HasSelect ionUpdatell Label: 'Wroperties..." Click: "Graphic. Edit" Shortcut: "Keys.None" (Choice.586 Disabled: 1 Help: "Displays a dialog box to adjust size and position of selected graphic" HelpTopic: "Size and Position" Update: "Graphic. SingleSelect ionUpdatell Label: "&Size and Position... Click: "Graphic. SizePosll Shortcut: "Keys.None" 61 -  (Space.587 (Choice.588 Disabled: I Help: "Moves selected graphics in front of other graphics" HelpTopic: "Bring to Front" Update: "Graphic.HasSelectionUpdate" Label: "Bring to &Front" Click: "Graphic.ToFront" Shortcut: "Heys.None" (Choice.589 Disabled: 1 Help: "Moves selected graphics behind other graphics" HelpTopic: "Send to Back" Update: "Graph ic.HasSelect ionUpd ate" Label: "Send to &Back " Click: "Graph ic.ToBac V Shortcut: "Keys.Nonell (Choice.590 Disabled: I Help: "Groups selected graphics" HelpTopic: "Grouping and ungrouping graphics" Update: "Graphic.G roupUpdat ell Label: "&Group" Click: "Graphic.Group" Shortcut: "Keys.Nonell (Choice.591 Disabled: 1 Help: "Ungroups selected graphics" HelpTopic: "Grouping and ungrouping graphics" Update: "Graphic. UngroupUpdatell Label: "&Ungroup" Click: "Graphic. U ngroup" Shortcut: "Keys.None" (Space.592 (Choice.593 Disabled: 1 Help: "Aligns the selected graphics" HelpTopic: "Align" Update: "Graphic.HasSelectionUpdate" Label: "&Align ... if Click: "Graphic. Align" Shortcut: "Keys.Ctrl+A" 62 -  (PMenu.594 Child: 595 Child: 596 Child: 597 Child: 598 Child: 599 Child: 600 Child: 602 Child: 603 Label: "&Window" (Choice.595 Help: "Arranges windows as non-overlapping tiles" HelpTopic: "Tile" Label: "&Tile" Click: "Project.Tile" Shortcut: "Keys.None" (Choice.596 Help: "Arranges windows" HelpTopic: "Cascade" Label: "&Cascade" Click: "Project. Case adell Shortcut: "Keys.Nonell (Choice.597 Help: "Arranges iconified windows" HelpTopic: "Arrange Icons" Label: "&Arrange Icons" Click: "Project.ArrangeIcons" Shortcut: "Keys.None" (Space.598 (Choice.599 Help: "Shows the symbol palette" HelpTopic: "Show Symbol Palette" Label: "Show Symbol &Palette" Click: "Project.ShowHideSymWin" Shortcut: "Keys.Ctrl+P" (Space.600 ObjectTag: 601 Update: "WindowMenuUpdatell (AVStr.601 S: "point.apr Viewl" (Choice.602 Help: "Activates point.apr" - 63 -  Label: "&I point.apr" Click: "WindowActivatell Shortcut: "Keys.None" (Choice.603 Help: "Activates Viewlil Label: 11&2 Viewl" Click: "WindowActivate" Shortcut: "Keys.None" (PMenu.604 Child: 605 Child: 606 Child: 607 Child: 608 Child: 609 Child: 610 Child: 611 Label: "&Help" (Choice.605 Help: "Displays the initial Help contents topic" HelpTopic: "Help on Help Contents" Label: "&Contents" Click: 'IP roj ect. Help Contents" Shortcut: "Keys.Nonell (Choice.606 Help: "Displays the Views topic" HelpTopic: "Help on Help for Views" Label: "&Views ... 11 Click: I'Proj e c t. HelpDoc Class" Shortcut: "Keys.Nonell (Choice.607 Help: "Opens the Search dialog box to select a word to search for" HelpTopic: "Help on Search For Help On" Label: "&Search For Help On ... if Click: 'IP roj ec t. HelpSe arch" Shortcut: "Keys.None" (Choice.608 Help: "Provides information on available support options" HelpTopic: "Help on Obtaining Technical Support" Label: "&Obtaining Technical Support... Click: "Project.HelpSupport" Shortcut: "Keys.None" (Choice.609 Help: "Provides instructions for how to obtain help from AreView" HelpTopic: "Help on How to Get Help" 64 -  Label: "&How to Get Help... Click: "Project.HelpHelp" Shortcut: "Keys.None" (Space.610 (Choice.611 Help: "Provides information about ArcView" HelpTopic: "About" Label: "&About AreView... Click: "Project.About" Shortcut: "Keys.Nonell (ButnBar.612 Child: 613 Child: 615 Child: 616 Child: 618 Child: 619 Child: 621 Child: 623 Child: 625 Child: 626 Child: 628 Child: 630 -Child: 632 Child: 633 Child: 635 Child: 637 Child: 639 Child: 641 Child: 643 Child: 645 Child: 646 Child: 648 Child: 650 Child: 651 (Butn.613 Help: "Saves the current project" HelpTopic: "Save Project" Icon: 614 Click: "Project.Save" (AVIcon.614 Name: "Save" Res: "Icons.Savell (Space.615 - 65 -  (Butn.616 Help: "Inserts themes into the view" HelpTopic: "Add Theme" Icon: 617 Click: "View.Add" (AVIcon.617 Name: "AddTheme" Res: "Icons.AddTheme" (Space.618 (Butn.619 Disabled: 1 Help: "Displays the dialog box to edit properties of the active theme" HelpTopic: "Theme Properties" Update: "View.ActiveThemesUpdatell Icon: 620 Click: "View.ThemeProperties" (AVIcon.620 Name: "Props" Res: "Icons.Props" (Butn.621 Disabled: 1 Help: "Displays the legends of the active themes" HelpTopic: "Legend Editor" Update: "View.ActiveThemesUpdate" Icon: 622 Click: "View. Ed itLegend" (AVIcon.622 Name: "Legend" Res: "Icons. Legend" (Butn.623 Disabled: 1 Help: "Opens the tables of the active themes" HelpTopic: "Open Theme Table" Update: "View. Tabu larThe m es Update" Icon: 624 Click: "View.ShowTable" (AVIcon.624 Name: "Table" - 66 -  Res: "Icons.Table" (Space.625 (Butn.626 Disabled: I Help: "Finds features in the active themes using the text you enter" HelpTopic: "Find" Update: "View.TabularThe mesUpdate" Icon: 627 Click: "View.Find" (AVIcon.627 Name: "Find" Res: "Icons.Find" (Butn.628 Disabled: Help: "Locates an address in the active, matchable theme" HelpTopic: "Locate" Update: "View. LocateUpdat e" Icon: 629 Click: "View.Locate" (AVIcon.629 Name: "AddMatch" Res: "Icons. Add Match" (Butn.630 Disabled: 1 Help: "Displays the Query Builder to select features with a logical expression" HelpTopic: "Query Builder" Update: "View.TabularThemesUpdatell Icon: 631 Click: "View.Query" (AVIcon.631 Name: "QueryBuilder" Res: "Icons. QueryBuilder" (Space.632 (Butn.633 Disabled: I - 67 -  Help: "Places coordinate labels beside features" Update: "View.AddXYUpdate" Icon: 634 Click: "View.AddXY" (AVIcon.634 Name: "Bex" Res: "Icons.Bex" (Butn.635 Disabled: 1 Help: "Zooms to the extent of all themes" HelpTopic: "Zoom to Full Extent" Update: "View.HasDataUpdatell Icon: 636 Click: "View. Zoom FullExtent" (AVIcon.636 Name: "ZoomView" Res: "Icons. Zoo mVie w" (Butn.637 Disabled: 1 Help: "Zooms to the extent of active themes'? HelpTopic: "Zoom to Active Theme" Update: "View.ActiveThe mesUpdat e" Icon: 638 Click: "View. ZoomToThemes" (AVIcon.638 Name: "ZoomThemell Res: "Icons. Zoo mThe m elf (Butn.639 Disabled: 1 Help: "Zooms to the extent of the selected features" HelpTopic: "Zoom to Selected" Update: "View.SelectableThemesUpdatell Icon: 640 Click: "View. Zoo mToSelected" (AVIcon.640 Name: "ZoomToSelectedt' Res: "Icons. Zoo mToSelect ed" (Butn.641 - 68 -  Disabled: I Help: "Zooms in on the center of the display" HelpTopic: "Zoom In" Update: "View.HasDataU pdat ell Icon: 642 Click: "View.Zoomln" (AVIcon.642 Name: "ZoomIn" Res: "Icons. Zoo mInll (Butn.643 Disabled: I Help: "Zooms out from the center of the display" HelpTopic: "Zoom Out" Update: "View. HasDat allpdat ell Icon: 644 Click: "View. Zoo mOutll (AVIcon.644 Name: "Zoomout" Res: "Icons. Zoo mOut" (Space.645 (Butn.646 Disabled: I Help: "Selects features in active themes using selected graphics" HelpTopic: "Select Features Using Shape" Update: "View. Spat ialSelect U pdat ell Icon: 647 Click: "Vie w.Spat ialSelect" (AVIcon.647 Name: "Spat ialSele ct" Res: "Icons.SpatialSelect" (Butn.648 Disabled: 1 Help: "Unselects the selected features of all active themes" HelpTopic: "Clear Selected Features" Update: "View.TabularThe m esUpd at ell Icon: 649 Click: "View. ClearSelect" (AVIcon.649 - 69 -  Name: "SelectNonell Res: "Icons. SelectNone" (Space.650 (Butn.651 Help: "Changes to ArcViewls Helping mode. Press ESC to cancel." HelpTopic: "Context-Sensitive Help" Icon: 652 Click: "Help.Tool" (AVIcon.652 Name: "HelpTool" Res: "Icons. HelpTool" (ToolBar.653 Child: 654 Child: 656 Child: 658 Child: 660 Child: 662 Child: 664 Child: 666 Child: 668 Child: 670 Child: 672 Child: 674 Child: 676 Child: 689 (Tool.654 Disabled: 1 Help: "Provides information about a feature" HelpTopic: "Identify tool" Update: "View.TabularThe mesUpdat el' Icon: 655 Cursor: "Cursors.ID" Apply: "View.ldentify" (AVIcon.655 Name: NDII Res: "Icons.ID" (Tool.656 Disabled: 1 Help: "Selects shapes or graphics by pointing or dragging" HelpTopic: "Pointer tool" - 70 -  Update: "View. HasD ataUpdatell Icon: 657 Cursor: "Cursors. Select" Apply: "View.Select" (AVIcon.657 Name: "Select" Res: "Icons. Select" (Tool.658 Disabled: I Help: "Selects features in the visible, active themes by pointing or dragging" HelpTopic: "Select Feature tool" Update: "View.SelectableThemesUpdatell Icon: 659 ti Cursor: "Cursors. Default Apply: "View.SelectPoint" (AVIcon.659 Name: "FeatureSelect" Res: "Icons. FeatureSelect" (Tool.660 Disabled: 1 Help: "Zooms in at a point you click or zooms in on a rectangle you drag" HelpTopic: "Zoom In tool" Update: I'V iew.HasDataU pdat el' Icon: 661 Cursor: "Cursors. Zoo ml nit Apply: "View. Zoom InTool" (AVIcon.661 Name: "ZoomInTool" Res: "Icons. Zoo mInTool" (Tool.662 Disabled: 1 Help: "Zooms out from a point you click or zooms out to include a rectangle you dragil HelpTopic: "Zoom Out tool" Update: "View.HasDataUpdate" Icon: 663 Cursor: "Cursors. Zoom Out" Apply: "View. Zoo mOutTool" (AVIcon.663 Name: "ZoomOutTool" - 71 -  Res: "Icons. Zoo mOutTool" (Tool.664 Disabled: 1 Help: "Drags the display in the direction you move the cursor" HelpTopic: "Pan tool" Update: "View.HasDataUpdate" Icon: 665 Cursor: "Cursors.Pan" Apply: "View.Pan" (AVIcon.665 Name: 11panto Res: "Icons.Pan" (Tool.666 Disabled: 1 Help: "Measures distance" HelpTopic: "Measure tool" Update: "Vi ew. HasDataUpdat e" Icon: 667 Cursor: "Cursors. Measurell Apply: "View. Measure" (AVIcon.667 Name: "Measure" Res: "Icons. Measure" (Tool. 6 6 8 Disabled: 1 Help: "Links an action to a feature" HelpTopic: "Hot Link tool" Update: "View. HotLinkUpdate" Icon: 669 Cursor: "Cursors. Media" Apply: "View.HotLink" (AVIcon.669 Name: "Media" Res: "Icons.Media" (Tool.670 Disabled: 1 Help: "Sets the View's Area Of Interest for library based themes" HelpTopic: "Area Of Interest tool" Update: "View. AOIToolUpdat el' Icon: 671 - 72 -  Cursor: "Cursors. Def aultil Apply: "View. AOIToolll (AVIcon.671 Name: llAOIll Res: 111cons.AOIl' (Tool.672 Disabled: 1 Help: "Labels f eatures" HelpTopic: "Label tool" Update: "View. LabelToolU pdatel' Icon: 673 Cursor: "Cursors.Tag" Apply: "View. LabelToolf' (AVIcon.673 Name: "Tagll Res: Illcons.Tag" (Tool.674 Help: "Creates text on the display" HelpTopic: "Text tool" Update: "View. G raphicToolUpdate" Icon: 675 Cursor: "Cursors.Text" Apply: "View.TextTool" Click: "SymWin.DisplayFontPanel" (AVIcon.675 Name: "Text" Res: Illcons.Text" (ToolMenu.676 Help: "Creates a point on the display" HelpTopic: "Draw tool" Update: "View. PointToolUpdat ell Icon: 677 Cursor: "Cursors. CrossHair" Apply: "View. PointTool" Click: "SymWin.DisplayMarkerPanel" Child: 678 Child: 679 Child: 681 Child: 683 Child: 685 Child: 687 73 -  (AVIcon.677 Name: "Point" Res: "Icons.Point" (Tool.678 Help: "Creates a point on the display" HelpTopic: "Draw tool" Update: "View. PointToolUpdat ell Icon: 677 Cursor: "Cursors. CrossHair'l Apply: "View. PointTooll' Click: "SymWin.DisplayMarkerPanel" (Tool.679 Help: "Creates a line on the display" HelpTopic: "Draw tool" Update: "View. Graph! cToolU pdat e'l Icon: 680 Cursor: "Cursors. CrossHair" Apply: "View. LineTool" Click: "SymWin.DisplayPenPanel" (AVIcon.680 Name: "SelectLine" Res: "Icons. Select Line" (Tool.681 Help: "Creates a line with three or more points on the display" HelpTopic: "Draw tool" Update: "View. P olyLineToolUpdate" Icon: 682 Cursor: "Cursors. CrossHair" Apply: "View. PolyLineTool" Click: "SymWin.DisplayPenPanel" (AVIcon.682 Name: "Lines" Res: "Icons.Lines" (Tool.683 Help: "Creates a rectangle on the display" HelpTopic: "Draw tool" Update: "View. P olyToolU pdat ell Icon: 684 Cursor: "Cursors. CrossHair" Apply: "View. RectTooll' Click: "SymWin.DisplayFillPanel" 74 -  (AVIcon.684 Name: "Rect" Res; 111cons.Rect" (Tool.685 Help: "Creates a circle on the display" HelpTopic: "Draw tool" Update: "View. PolyToolUpdat e" Icon: 686 Cursor: "Cursors. CrossHair" Apply: "View. CircleTool" Click: "SymWin.DisplayFillPanel" (AVIcon.686 Name: I'Disk" Res: "Icons.Disk" (Tool.687 Help: "Creates a polygon on the display" HelpTopic: "Draw tool" Update: "View. PolyToolU pdat e" Icon: 688 Cursor: "Cursors. CrossH air" Apply: "View.PolyTool" Click: "SymWin.DisplayFillPanel" (AVIcon.688 Name: 11polylt Res: "Icons.Poly" (Tool.689 Disabled: 1 Invisible: 1 Help: "Sets the snapping tolerance for the editable theme" HelpTopic: "Snap tool" Update: "Vie w.SnapToolU pdatell Icon: 690 Cursor: "Cursors. Default" Apply: "View.SnapTool" (AVIcon.690 Name: "SnapTool" Res: "Icons. Sn apTool" (FN.691 Path: lt$HOME't - 75 -  I I )(TClr.692 . Red: Oxffff I Green: Oxffff I I I I I I I I I I I I I I I I I - 76 -  Exhibit 4-4 Mapping AML mape 1315480,718120 1340500,740000 pagesize 17 11 mapposition cen cen mapunits feet mapscale 24000 mbegin shadeset colornames.shd polygonshades /coathanger/6220/master/bdy795 94 polygonshades /coathanger/6220/master/ponds 45 polygonshades /coathanger/6220/master/struetpoI 31 polygonshades /coathanger/6220/master/erosionpoI 28 polygonshades /coathanger/6220/master/bldgs 99 polygonshades /coathanger/6220/master/lot 119 linesymbol 66 arcs /coathanger/6220/master/road linesymbol 79 arcs /coathanger/6220/master/trails linesymbol 1 arcs /coathanger/6220/master/bdy795 lineset /coathanger/6220/master/plotter3.'Iin linesymbol 805 arcs /coathanger/6220/master/structlin /*texteolor red /*Iabeltext ponds name mend mrotate -14 mmove 4 4 4.1 4.2 /*&run bord17.aml textset plotter.txt textsymbol 13 move 4.05 .96 textsize .07 text 1K Taylor' move 4.05 .65 text 1PRIMS move 3.75 .38 text'10/15/19951 textsymbol 17 move 11.6 .5 textsize 17 text 1 1" = 2,00011 textset carto.txt textsymbol 101 move 12.98 1.12 textsize .22 text 'PRESQUE ISLE' move 13.05 .8 text 'STATE PARK' move 13.1 .47 textcolor 'turquoise' 77 -  text 'BASE MAP' textset font.txt textsymbol 14 move 15.7 1.05 textsymbol 1 textsize .11 text 6220 lineset /coathanger/6220/master/plotter3.lin linesymbol 805 plot /coathanger/6220/master/bordl7.gra mf resh mapunits inches textset font.txt textsymbol 14 extsize .1 textoffset 0 0 t keyarea 5.75 .25 11.9 1.25 keyseparation .1 .2 keybox .2 .2 keyline base.key nobox keybox .2 .2 keyshade base-shd.key nobox move 15.3 .75 textsize .20 text 'EXHIBIT' move 15.5 .53 text 13- 1 /*plot logol box map end 78 -  5.0 BUDGET The budget for the project was divided into three areas. Approximately 55% of the initial budget went to map preparation and the remaining 45% was spent on equipment and technical services. Exhibit 5-1 shows the proposed budget and actual expenditures. 6.0 RECOMMENDATIONS The following is a list of recommendations that will be made to BSP senior staff for enhancement of the GIS program and implementation statewide. With ArcVlew 2.1's capabilities to take GPS data and create coverage, the Bureau should purchase ArcView for a park and let them map the basic information in the park using Resources Management Section's GPS unit. This data would include trails, roads, buildings, utility lines, and structures. This data then could be sent to Central Office for updating Resources Management's plan maps and mini-maps. It would provide base data on doing all the parks. To use State Plane, NAD 83 as the standard projection for state park maps and use the north zone for the entire state. To establish a GIS coordinator to oversee the GIS program in BSP. To use the Department's cartographic section to digitize existing accurate maps into Auto CADD for use by Resources Management Section. The Resources Management Section will use Arc CAD to take maps between Arc Info and Auto CADD. To acquire Arc CAD and Arc Scan modules for Are Info for use with the GIS program. To create an accurate park boundary coverage for 116 state parks for the replacement of the inaccurate coverage currently being distributed by the Department. To contract with a consultant for the development of a procedure to take Are Info plot files into Auto CADD for use by the Bureau of Facility Design and Construction. To contract for technical support for providing assistance, application development, and troubleshooting. To continue to map PNDI species locations as a'priority project. To evaluate Presque Isle State Park's use of the GIS system after one year of use. 79 -  EXHIBIT 5-1 93 CZM GRANT BUDGET Actual Work Elements Planned Costs Expenditures Digital Mapping $ 40,000.00 $ 55,563.56 Administration and Coordinating 10,000.00 11,669.45 Total $ 50,000.00 $ 67,233.01 Funding Source Amount Federal Share (CZM) $ 20,000.00 State Funds (BSP) 37,813.32 Oil and Gas Funds 8,312.03 Other 1,184.98 Total $ 67,399.33 Summary Consultant Amount Earth Information Services $ 18,954.28 Subtotal $ 18,954.28 Equipment Amount Hardware $ 9,394.75 Software 1,763.00 Supplies 589.58 Miscellaneous 1,328.'26 Subtotal $ 13,075.59 Mappin Amount Salary and Wages $ 34,665.46 Service Purchase Contract $ 615.00 Subtotal $ 35,280.46 TOTAL $ 67,399.33 80 -  I I APPENDIX I Intern comments on the week at Presque Isle State Park Coverage Description. I I 0 1 1 I I I I I I .1 I I I I I - 81-  COVERAGE DESCRIPTIONS BUFF Jurisdictional Park Boundary. BDY**** Shape of shoreline as of a specific date **** dictates month and year. BAYS Thompson Bay, Misery Bay, and Marina. BLDG All the park buildings on the parks inventory. PONDS Interior ponds. ROAD All the park roads. TRAIL All the park trails and Pontoon tour. LOTS All parking lots. VEG Vegetation based on Resource Management Plan. SOILS Soil types based on the county soil survey WET Various types of wetlands and all natural and man-made ponds. EROS-POL Breakwaters. BEACH Eighteen guarded beach areas. MONUMENTS Thirty-two monuments from resources management plan and two survey control monuments. BRKWTRS Actual design size of breakwater. SAMPLES Water sample location. MOWING Restricted mowing areas. TOPO One foot contour lines. TOPOTS Survey control points for establishing elevation. ROW All public utilities and right-of-ways. BUOYS Location of buoys. SIGNS Park maintained signs. ROADBUF Park roads at their actual width. ESA Environmental sensitive areas as declared by RBA study. PNDI Species of special concern. UTILITY Park-owned water sewer. 82 -  STRUCT-POL All man-made structures excluding buildings. STRUCT-LIN HIST Historic sites. ARCHPTS Archaeologically sensitive points. ARCPOL Archaeologically sensitive areas. EROS-LIN Jettys and other erosion control measures. NATURAL Designated natural areas in state parks. 83 -  Intern's Thoughts Presque Isle Summary As I prepared for the trip to Presque Isle State Park, I anticipated a trip filled with adventure and excitement. Unfortunately, our trip wasn't everything I expected because of lack of communication as well as the park personnel not being very cooperative to our needs. Our trip started off with troubles with the base unit because it kept shutting down on the Monday we started our work. Finally, we got the base running and started our work which proceeded to go very well. The problems we had during the week weren't so much with the data and the equipment as much as it was with leadership and communication among the interns. I feel we got a great deal of work done while at Presque Isle, and I feel it was done efficiently. We went there and had a goal to set and we achieved that goal. It's just a lot easier and more relaxing to know you have a leader of some kind to guide you through the week. We had absolutely no leadership which led to many problems. The problems varied from not having a radio so if someone needed assistance that person was there, to a battery being dead and needing to talk to someone, or just simply wanting to know when a person was going to break forlunch. The park personnel was another problem for us while we were at Presque Isle. The park was notified way in advance that we would be coming to work on this project. When we got there they acted as if we were invading their territory. There were no vehicles available and the individuals who were supposed to assist us had no idea they were even suppose to. The attitudes of the park personnel made us feel very uncomfortable and many times frantic to ask to borrow anything which we needed in a days time. Overall, I feel the trip to Presque Isle State Park was a very good experience. It taught me a lot about meeting goals and dealing with people of all personalities to achieve goals as a group. I feel being able to work in a group setting, as well as individually, is very important. Communication skills are needed in a work setting almost everywhere you go. I feel we had no communication from our leader which led to many unnecessary problems. Cristen Benhart The trip to Presque was an overall success for those on the trip. I felt it was a good learning experience for everyone to become more familiar with the GPS equipment and to get a feel for what to expect while working in the field. During the week we had good days and bad days. A typical bad day included everything from having difficulty picking up satellites to problems using Presque Isle State Park equipment to communication among ourselves as well as Presque Isle State Park staff. For example, certain features required the assistance of Presque Isle State Park staff, but the staff seemed to be uninformed of what they wanted us to do for them. Another problem we had was with the number of extra people we had assisting us. The group was too large on certain days to have everyone doing something that was useful and productive. However, I did feel Presque Isle's intern, Paula, was very helpful, eager and interested in learning what we were doing. It was also very nice to have Rege there to set up and take down his base station. I felt working in groups of two while in the field worked well for all of us. It was also useful to have access to a pc as well as the laptop, especially at the end of the day when we could download our files and copy them to a disk, while Rege downloaded the base data on-the laptop. I also think it saved time to process and correct all files in the same day. It took an hour and a half to two hours to correct and look at that day's files. This also made it easier to schedule what needed to be done in the morning, because we came in that morning knowing what was or was not done correctly the day before. I felt after the second day we all felt more 84 -  comfortable. The remainder of the week we had basic problems borrowing Presque Isle State Park's equipment. Tina Matula I was very excited about leaving on my birthday, July 23,1995, to work at Presque Isle State Park for the next four days. Along with everyone else, I was anticipating a rather enjoyable week working on the GPS project at Pennsylvania's number one state park. We all seemed to assume that we would encounter some problems relating to the equipment, however it remained as a very minor problem all week. The biggest problem dealing with the equipment came about Monday setting up the base station. Once that was fixed, however, everything seemed to run swiftly. We ran into other problems that made our week quite a challenge. One problem that we had involved the actual schedule and organization of the project. Because the base went down twice Monday morning, we were forced to altar the schedule extremely. Also, we could have greatly improved on our communicational skills throughout the whole week at the park. Radios became a nuisance when the person you needed to contact did not have one or did not have it turned on. I believe one of our major problems at the park involved the park staff. Evidently, it was not known by all the park staff that we would be needing their assistance whether it be for all-terrain vehicles or simply their knowledge of, for example, all the mowing areas they wanted GPS'd. We did have extra help throughout the week, however, at one point it became somewhat cumbersome. Tuesday, we had seven other interns whose days we were evidently responsible to plan into our dramatically changed schedule. Overall, the many problems we did encounter did not prevent us from leaving Presque Isle successful. We completed all of the prioritized work and almost all of the other GPS jobs that were to be done in the park. Personally, it has definitely enhanced my knowledge of Global Positioning Systems. I felt very comfortable with the work and was glad to have the full week's worth experience. I believe that the project went relatively well and I was proud and grateful to be a part of it. Amy Stimely PRESQUE ISLE TRIP SUMMARY Our trip to Presque Isle State Park turned out to be one with a variety of experiences. The experiences which the five of us went through should be analyzed now that the trip is over in order to determine what could be done to help improve similar trips in the future. When working in groups in the field, cooperation is of the utmost importance among individuals. The key to maintaining this cooperation is organization and strong leadership. While at Presque Isle, it was sometimes evident that these two characteristics were lacking a bit. In reality, this began bef ore leaving f or the trip. I f eel that if we were all brief ed a bit more as to what exactly was to take place while in Erie, jobs would have. moved along more smoothly and efficiently. Our leader was briefed as to what was to take place, however, this information was only relayed to us in bits and pieces. One meeting with the entire group with an in depth discussion on how and what to do before going on the trip would have been very beneficial. Another possibility could have been a scheduled meeting between the leader and the rest of the group. Because of the many questions surrounding what exactly was to take place, the organization of our group was at times limited which made the entire operation, at times, unstable. Another problem which should be analyzed deals with the operation of the GPS units themselves by members of the group. Many of us had not used the units since being trained in - 85 -  May. This definitely slowed u� down as many had to figure out how to use them again. Also, being trained and actually doing a job are two very different things. Therefore, it would also have helped to make sure that every member of the group got out on a job first before sending them to one the size of Presque Isle. A final criticism of the trip was the reception whic h we were given by a majority of the park staf f. Although doing the park a favor and trying to stay out of their way as much as possible, the staff tended to act very cold toward us as if we were not supposed to be there. There were many instances where we could have used their help since they do run the park, however, they were usually not willing to spend the time to do so. In spite of these criticisms, I feel that the trip was an overall success and an excellent learning experience. We ended up completing most of what we were asked to do and working out in the field is always a great experience. Any trip of this nature will have its problems, so those which we faced should not have been unexpected. Those problems which we dealt with should be kept in mind in the future in order to improve upon other trips. Mike Bialousz Presque Isle Summary Our week at Presque Isle working on the GPS pilot project, was a challenging one. I left Harrisburg with a gTeat deal of confidence and anticipation, hoping that this summer would be even more successful than the project was last summer. We were all eager to help the park develop accurate maps, and learn more about the park. Overall, I believe that the project as a whole was a success. We collected the majority of the data that we needed, to help make quality maps of the park. We accomplished a lot and also learned a great deal about GPS and team work. As any team would, we also ran into some problems. Our problems began with the equipment and extended to a lack of communication. We encountered problems with communications with the park personnel, because the majority of the people were not properly informed of our needs and tasks. The park was sent our tentative schedule and the equipment that was needed. We believed that this should have allowed them time to plan ahead for our arrival and assist us along the way. We found that some of the park personnel were not very cooperative in aiding us with our tasks and at time they inhibited us from getting things accomplished. There was also a communication breakdown within our group. I think things would have gone smoother had we had a more assertive and communicative leader. Like I said before, overall the project was a success. However, it could have been less difficult for our group and would have been more productive had we developed the communications line that were lacking. Lori Felix 86 -  HOAA COASTAL SERVICES ,R LIBOARY 3 6668 1,41 1 9,46 3 CT 

usgpo

2024-06-24T00:12:47.586891

CZIC-ql84-22-m7-m57-1993

Mississippi Department of Wildlife, Fisheries and Parks Samples of Management Information System Reports

[From the U.S. Government Publishing Office, www.gpo.gov] I QL ,.1 84.22 ,F-. m7 'i IM57 11993  QL Azz Mississippi Department of Wildlife, Fisheries and Parks Samples of Management Information System Reports PrOPGrtY Of CSC Library U . S . DEPARTMENT OF COMMERCE NOAA COASTAL SERViCES CENTER April 1, 1993 2234 SOUTH HOBSON AVENUE CMARLESTON , SC 29405-2413  Mississippi Dept, of Wildlife, Fisheries & Parks Exec ive ' ector ffice Directo Appropriation/Division Reports Division Chiefs Division/Project Reports Managers of Groups of Projects Project Group Reports Project Managers Project Reports Management information reports are customed designed for each level of ecto, ir%ecto Management M*Mh to. 1993  Mississippi Department of Wildlife, Fisheries and Parks Comprehensive Management System Mission What business are we in? Vision What are the major trends andlor issues we should be addressing? Programs Goals "STRATEGIC PLAN" Objectives Where are we and where Problems do we want to be? strategies Divisional Plans "Annual Budget and Operational Plan" Projects (Work Plans) How will we get there? Control Tools Management Information System Reports Project Evaluations "Annual Reports" Divisional Evaluations Did we make it? Program Evaluations - 3 to 5 year review of "STRATEGIC PLAN,"  Management information reports are designed to answer the following questions: 1. What item or service (object) was purchased? 2. Who (organization) made the purchase? 3. What account (appropriation) paid for the purchase? 4. What funding source (special, general, federal) was used? 5. Where Gocation) was the benefit realized?' 6. What was done (task)? Task is -Sub-Org" in SAAS2. 7. Who was responsible and what task oriented objectives (project) were addressed? 8. Why was it purchased or why was time allotted to it? In other words, what ageneywide objectives (programs) were addressed? Program is "Advi SAAS. 11y" in 9. What equipment was used and how much did it cost to use it (unit)?3 Location is captured in the *fim* reporting system only. The accounting program (SAAS) does not. have a field for capturing this data. 7be new upgrade of SAAS will contain a *kmation* field. The upgrade in scheduled for January 1994. Statewide Automated Accounting System 3 17his will be accomplished through the "fleet management' module in SAAS. Our schedule for implementing Beet management is the Fall of 1993. WP51\PLAN\QUESTION.MIS  TIME/ArrENDANCEA.EAVE SHEET - FULL TIME OPWILDLIFEf MISSISSIPPI DEPARTMENT Shropshire, Tommy XXX-XX-XXXX i0lo- Support Services 2A -_212.8 I W3 Print Last Name First Social Secur Em Signature Supworvissor's ignaturo Organization Cods/Name Time Period SUb- ACIPV- TOTALS L611- Orgl Ityl VIE - T W T F T IN T F a a M T W T F 8 91 M T W T F a a tion T"k Prarn PrOW" NO. I V E T 1 2 3 4 5 8" M. 9 10 11112 13 14115 Is 17 16 19 27 v a-7:77, STWO AE W990 00103 T V E .. ........ 777 STWO AG wwwo 00103 T 14 . @ L;@" . ZE M STWO AN W999 00103 T 7777 77 77 V E STWO As won T 92 OTWO Al wwo W103 T STWO AC w 4DO103 T 20 V E 0 STWO W103 _T 03 w9w ......... . . . . . . . . .... ...... STWD 87 WWQ wo 77777 T ...... STWD AS wM OOtO3 T MM M 4 V I 7M 77 77. ... ... T 7@7 77 77 V T V ...... .... ...... T 0 M: V L@@111111 T ....... ... V T 0 V I I ROOM 0 TOTALS I 2- Equoffw% :X,w ........... T 170 A! =00 C-AN"Al VMS 4. Len Lem Taken PAC 5. Total HoumWorked 6. Hriklaw Hours Wo IF2 - KEM EXEMPT EMPLOYEE CALCULATION COLUMN A a C D E T4`0. Ho"/Mlm Totalftoncy Hours Worked L- HWroWwVpd RIM D@"_ now 1 0 2 w,-g I gak@ Fwwwd 40 @40*Ow 0 3 vieft 2 32 -40.0- 0 10 10 4 W"k 3- -40,0- 4 4. 42 -400- 2 2 02 V 7E_ 7 W*.kp" 4 TOTAL Pun POWWOLX DAWIN 207.0 TOTAL COW VWX AVARAKE 263 COW TURN TAKM IN MOM" a MWOOMPTIMEWILANOR 275  For.. Employee & Supervisor GFTA0230 MISSISSIPPI DEPARTMENT OF WILDLIFE. FISHERIES & PARKS PAGE 517 To: Monitor Employee Effort RUN DATE: 03/17/93 EMPLOYEE SUMMARY TAL REPSRT FOR PERIOD STARTING 07/01/92 AND ENDING 02-28- 3 --- FISCAL YEAR--- ., . . . . . . . . . .. . . . . . . . . . . . . . . hol ......... NAME CLIBURN . ............. ...... TITLL DWC-WILDL___j BIOWST- 11:,;: SSN: XXXXXXXXX ORG: 1030-GAME DIVISION . . .. ..... ... . .... ..... ..... D .... ........ .... .. MONTH FY YTD OF MONTH PY YTO EOUI EQUIP PROJECT SUBORG ACTIVITY LOCATION VEHICLE-10 EQUIPMENT-10. HOURS ... HOURS TOTAL MILES MILES AWASP HOURS -------------------- 20203 20903 .. ..... 600@.. .92 3S103 qI I 3SS03 45:00 518.00 3a 750 14 0.00 --- ---- -------------------------------------------------- @0@400, 00 00%*i@@i@@I-@!!? 4.17 0 00 AA ba 0. AC 0. .. .... 33' 00 '0 ........... 8-- 88* 2.31 ra 06' AD 16.00 291:00 20.35 287 3,283 0. 00 0.00 AG 4.00 18S.00 12.94 58 31443 0.00 0.00 O'@. 00 :'%-:- 0 00 AP 0. 20 Wi':: I ; 4 a:, 00:.':'.-'@ 0.. A2 0 .5 0* 1 0, 00: A9 32.: W 2 24 1 0 Do::... 00 8 65 6. 42 00 2.94 0 0- .......... 0.00 0.00 B7 12.00 104:00 7.27 0 0 0.00 0.00 cl 0.00 16.00 1.12 0 107 0.00 0.00 C2 16. a - 00 1: 12 00 0. 2; 01 0.00 ...:4 D2 00 0 D5 81. 00, 1:12 14070, 0' .: @ 00 ":::'X:::: - E4 0 00' WZO:::::`::CO3 0 456 0.00 GC 0:00 6.00 0.35 0 los 0.00 0.00 GG 0.00 36.00 2.52 0 705 0.00 0.00 0. G1 29 87. 00:':::'::l 3. 609: 0,00. G2 :4 4: 00 00.::.... O@00* 2 00 O:.@. 14 HG 0 ...... .. ....... .0 ....... ............ HR 0 00 .... - 19 1" 1.3 ... .... . ....... ....... 286 .. . ..... 8 00 Ll 0:00 6:00 0.42 0 137 :00 02 L3 0.00 6.00 0.42 0 69 0.00 0.00 22.00.:: ::`42 00:;:--2 94 380 .-:.::.:;;::.6q5: 0 _69 0 00 LS TI 7. 0 W. 0. .7 00 T2 0.00 X::..:: 2 .. .... .... 0. .00 T4 0 100 .2 8 U3 0.00 20:00 1-4 0 143 0.00 0.00 0.00 6.00 10.4 47 0.00 Ve 0 00:: 4:00 Q.. 2 ::71 0.00 VC 28 No V3 2 0. 00, V5 . ..... wa.... ------------- ..... .. -------------------- Z_ 160.00 1,430.00 100.03% 2,577 20.517 0.00 0.00 WO00 5 1. 00 .w;:::22:::'l 083 0. w ....... 0 4 wool .4 W004 8.00' 8 * 42 WOO9 00 a 00 . ...... 0.5 90"", 0 0: 0.80 W099 109.00 807:00 56.43 1.400 11.780 0.00 0.00 W910 0.00 4...00 0.28 0 55 0.00 0.00 0 a 00-'.::.- 0.00....... 0 0.0. W839 0 00 2 00: 14 14 @'00 W858'' d 0. 00 00.-: 00' 4 '.00:1 W875 114" . . ........ . ..... . .. ......... ...... .... .. ... . . . .. ... ... . .. . - . . ... . . . ..... .. . . . . . ........ ..... . ....... . ... ........ .. .. . .......... . .. ..... . . ........... . 1 11 1 ..... . . 11 .... .. I . . . . ..... .. .. . .. .. . I . .. I. ......... III ...... I . .. . ........... . ....... ... . .... ......... ...... . .. .. . ... . .... ....... .... . . .. ..... ..... .. . ........ . .  For.- Employee & Supervisor To: Monitor Employee Effort GFTA0230 MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES & PARKS PAGE SIB RUN DATE: 03/17/93 /EMPLOYEE SUMMARY TAL REPORT FOR PERIOD STARTING 07 01/92 AND ENDING 02-28-93 ---FISCAL YEAR--- 93 CLIBURN NAME---:, LONER ... . ........ TITUO DWC-WILDLI00k�H 13IOLGST lit" SSN: XXXXXXXXX ORG: 1030-GAME DIVISION ..... ... ..... 00 ......F ............ ............ Y.-VTO. Y'YTO 14ONTH FY YTD % OF MONTH FY YTD EQUIP EQUIP PROUECT SUBORG ACTIVITY LOCATION VEHICLE-ID EQUIPMENT-ID HOURS HOURS TOTAL MILES MILES HOURS HOURS ---------- W997 0: :3' 146:::,::::;:: 0 0. 00::::.@': 257 M::.:::: 17. : ::. wl :,: ::0.00. ........................................ ..... ........ 160.00 -1,430 *00 IOO.OO%-`2.:S77-- 20,517 ... 0. 00 0.00 so 0.00 6.00 0.42% 0 94 0.00 0.00 00 1: .10@,00::i. 51 0.00.:. 00:::: - DON GA4 00: 1:. 0 00 103 00::::: 7 2 0 0 FODE mAar 0. 00 36. 00 2,12 .. .. .. 0 .... '14183 0: 00::: O@ MABU 0.00 22.00 1.54 0 341 0.00 0.00 MACC 0.00 6.00 0.42 0 119 0.00 0.00 MAOE 33 00.1 .::498 00.:., :34 00 0 1 331 STWD 0. 2 & 00 0.00 .. ........ 160.00 1,430 00 100." 01% -2. 57i 2;?.@ii!7"' '0.00--- 0.00 81150 0.00 0.00 0. 2 @77 3,762 0.00 0.00 81152 ... 0 DO ::0, silos UK 0 1, 0 0 0 83337,1 Z.::: 0., 0O::1:1,.::F1 :0 ::0:00 OR -.9, 0 0.00 0.00 -0:;ZW--2.Si7 ---- 20:iii ----- 0.;; ------ 0.;; . .......... .. .. . ..... is ....... .......... ....... . ..... ................. ....... . ......... ........... . . . ........... ........ .... .. .. ...  For.- Supervisor To: Monitor Employee Comp. 77me GFTA02tO MISSISSIPPI DEPARTMENT OF WILDLIFE- FISHERIES & PARKS PACE 033 RUN DATE; 03/17/93 COMPENSATORY TIME MONTHLY REPORT(IN HOURS) FOR PERIOD ENDING 02-28-93 --- FISCAL YEAR--- 93 1030 ---- GAME DIV 0052 S HAMRICK WILLIAM (AGENCY COMPENSATORY TIME) (FLSA LAST FIRST COMP. PREV. COMP. NEW COMPENSATORY TIME) NAME C NAME ORG SSN OMP PREY COMP. NEW EARNED BALANCE TAKEN BALANCE EARNiD BALAiCE TAKEN BALANCE ----------------------------------------------- ------------------------- HURST RONALD 1030 XXXXXXXXX a.oo 51.00 0 00 59.00 is 00 76.00 0.00 91.00 MC DONALD ROBERT 1030 XXXXXXXXX 0.00 30.00 00 30.00 9:00 55:00 0.00 64.00 0: WATKINS JERRY 1030 XXXXXXXXX a.00 40.00 0.00 48.00 0.00 a4 00.. -.24.00 60.00  For. Directors RUN DATE: 02J2 OB[IGATISTATE Of MISSISSIPPI To: Monitor Appropriation PAGE: REPORT 10: G S=4 ON REPORT BY APPROPRIATION Aj OF FOR Sul :YE DEPT OF WILDLF FISHERS & P AGENCY: 464 KS APPR CODE: 2460 WFP FISHERIES AND WILDLIFE BJ OBJECT CLASS ORG BUDGETED MTV YTO YTO REMAINING KS NAME CODE ORO NAME AMOUNT EXPENOITURES.@'4XPENDITURES ---- ---- ---- ------------ ----------- ----------------------------- ----- .......... --------------- Al SALARIES 1018 JUPPORT JERV 2,535 889 1,031.799.56 !@4 125.15- 3 2 .34. 00 S4 lot. RESHW R F' 1 696'137: : : 102 34:8424 0,99 2 2 -421 07. 98.00 1030 GAME DIVI 1 1:457:785.g a . 23 @i 36, 877. j 2 02, 13 19 2 1040 EDUCATION 98a,"2.00 17i '''' 1 , 1050 LAW ENFORCEM S,644,613.00 110.50 9.660.01 0 00 S.SS4.9S2.99 98.00 6010 MISCELLANEOU 0.00 0.00 0.00 0:00 0.88 0.00 7010 WAREHOUSE. 0.00 0,m.. 0.00 9.00 .. .. . ....... . ... .'0. 0.00. :032,010i SO 9,587, .2. SALARIES TOTAL A 13,322,888,00 A2 TRAVEL 1010' SUPPORT SERV 27,328.00 1,7S7.74 16,393.50 0.00 10,934.50 1020 FRESHWATER F l7o663.00 1,455,59 20,682 37 g@ 3 896,98 081 13 1o30 GAME DIVISI 30 140.9 -1 595 42 0 14. 04 1040 EDUCATISN IT, 25:381 1::10'676 02 @'900 - 2 - 75* 1050 LAW ENF RCEM 50,362: 1 47S: 91 2,461.78 0 2' 8010 MISCELLANEOU 0.00 0.00 0.00 0.00 7010 WAREHOUSE 0.00 0.00 0.00 0.00 8:88 8 .20..:: :52.@00 TRAVEL TOTAL 150j874.00 7081.64 11j294.80. 0 00::::@]@:i@ e cmrk. SERV . ..... 1010 SUPPORT SERV 1,445,640.00 64.056.07 727,173.19 157,699. 7 560,766.84 38 1020 FRESHWATER F 313,622.00 21 889.20 223,488.64 17,889. 0 72.243.56 23:38 113@ GAMMDIVhSl 721 993 93:667:3131 9S:,2?8: 9 , 113129:267.J6 .1 . . I . 3 14 393 285 3 4 49:2 LN 37 : - :, ' @; 2J91: 88 98:88 22 249.S8. @198,143 75 8: es 9 - 2 2,464. 49. 80 0 40 1 4 E D? R I LAW ZNF RCEM 9 6 10 MISCELL EOU 0:00 0 0 00'... 0. 7010 WAREHOUSE 0.00 0.00 0.00 0:00 0.00 0.00 CONTA. SERV TOTAL 3,269,302.00 216.255.84 t.670,358.57 322.863.06 ...... 1..376.079.57 .42.00 C COMMODITIES 1010 SUPPORT SERV 287,350.00 . 6 217.18 84 789.09 -.@:;ig@924@43 566 48: 6000 1020 FRESHWATER F 409,163.00 18:740.96 121*982 7 50,478.54 236:702:29 57:00 1030 GAME DIVISIO 843,510.00 13.087.10 264:162' 1 50,265.98 529.081.11 62.00 18gO EDUCATION OZ 229,515.00 5,424.24 88,756 756.42 193?!:@302!k 841:,,:.::: 56.00 9 1 0 LAW ENFORJEM 754,339i0Q :34,291;22 .245 228: 92 a $818 MISCELLAN OU 717 90*::':::::: 05.00m:., 9.993.72- .0@ gi:7 1 2: -'4, 9-42 I V@ .1. . - 7 1 WAREHMSE ... ... . 2 a j:026 ii 8:.,:: 4 4 j 47 3 @ I is. 1 : Ii, COMMODITIES TOTAL 2.740.607.00 95,793.14 849,392.17 .338.377.87 1.552,838.96 56.00 01 CAPT OUT-OTH PPPORT JERV 10 0- 102 ESHWAT R F 1030 GAME DIVISIO 512:000.00 51,595.9 135.9908:00 119,659.80", 196:342:20* 81, 1040 EDUCATION 01 0.00 0.100 .00 0.00 0.00 0.00 10H AW ENFCJEM 7,400.00 .3.11 00 .3 p.,45j: 46.g 6 LL OU 7 HOUSE vo. CAPT OUT-OTH TOTAL S32,400.00 5i,S95.06 139,948.00 119.659.80 212.792.20 39.00 02 CAPT OUT-EQP 9 8 00 1 9 1 4 09 4  For: Directors To: Monitor Appropriation RUN DATE: 062 ;GATISTATE OF MISSISSIPPI PAGE: 2 REPORT 10: G S W 84 OBL ON REPORT BY APPROPRIATION AS OF 02-28-93 FOR BUDGET FISCAL' YEAR 1993:. AGENCY: 464 DEPT Of WILOLF FISHERS PKS APPR CODE: 2460 WFP FISHERIES AND WILDLIFE J 08-JECT CLASS MG BUOGETM:: KTO YT YTO, PE tc r KS NAME DE ORG NAME AMOUNT EXPENDITURES EXPENDIRRES --- ------------ ---- --------- -- ------------ ----------- - - -------------- ----------- ------- D2 CAPT OUT-EQP 1010 ?N;PORT JERV., ... 213 490,00:...:.."::::.3,:13.43,00. 4.206, 65,548,81..... 116,837,13 54 1020 "AT R F 193:13S.00 00 75 125. 0 20 4S: 691 i 1973 6 533":@::::,: - @: 1030 GAME DIVIsr 1,230 928.00 74 11.89 354:205.89 2ao:516.8 4a 1040 EDUCATION D? 56:66 .00 1:?57i4O 4 840.35 852 60:i:*.:::..@:.@-@:.-:,50'972:05:':'...:@:...:m 1050 LAW ENFORCEM 301.190 00 2,479.00 63: 602.11 117,940:81 il9:647.08 6010 MISCELLANEOU 0:00 0.00 0.00 0.00 0.00 38:800 7010 WAREHOUSE 0.00 0.00 0.00 0.00 0.00 0.0.0. 48.00:- CAPT OU[T-EQP TOTAL 1.905.400.00 81,021.@o 528.898il2 494,344.79--...' i-972.157.00 E SUBS.LOAN.GR 1010 SUPPORT SERV 23,785.00 5.819.21- 30 348.55 31.00 8.593.55- 7 1020 FRESHWATER F 413,920 256.77 112:487.18 25 24 14 .. ..216.192,68, 66. 41,2671 S5 7 852 71 GAME DIVISI 10,613 72 so 19 74... 1030 21;,120. 1040 EDUCATISN 0 li 025 p 5: S5 1.."80" .9 00.88 14s'.5 1050 LAW ENF RCEM )'490'00* 1 9.20 10,335.30 98. 6010 MISCELL NEOU 0:00 0.00 0.00 0 00 0.00 0 00 7010 WAREHOUSE 0.00 0.00 0.00 0:00 0.00 0:00 SUBS,LOAN.GR TOTAL 882,340;00 16,166il6- 04,520.98 1.11, 480. 08::. 338 A4.': APPR TOTAL 21.693,809.00 1,467.761.22 11,931,822.88 1.446.726.40 9.315,259,72 41.00 . . . .. . ..... y 00 00  For: Project Manager & Federal Aid Coord. RUN DATE6 W05/92 RTATE OF MIRISSIPPI ** To: Monitor Project Charge,@ ACE: 124 *;IL T ANSACTIDN PORT BY PROJECT REPORT I G SATMOI DET FOR BUME CAL Y AR 1993 AGENCY:' 4134 DEPT OF WILOLF FISHERS PKS PROJECT: 22703 WATERF WL INVEATORIES PROJECT MGR: WELLE Raj/:. DOCUMENT:j.:::::::::,:.!@ "DE Rf. STATE UND D. VENDOR NAME EV -FRQ ACTV REF NUMBER CHARGE/REV T RUESV ORG JS a"--- F--- ----------------- ------------------------- ----- --- ---- --- ---- ----------- ------------- -------------- 0/26/92 2460'..::PV464 UTH 61490. T4 W009._LDP0003004 0 MJRT03TAEO-ERN WINGS.INC @00 0/26/92 -3460 PV484WO000002741 TIRE CENTER INC - JACKSO 81540 1030 HF W009 LDP 31@-..:1@.-:::::1 71 AN W009 POI 0 ro : 063 0/30/92 3460 PV464WO000002826 SUCK SULLIV REPAIR SHO 01540 1030 HF 090050 495 OBJECT-TOTAL Ho S66.63 15 .'0/26/92,:..*.:2460:'.,PV464WO"878- CARL'S SHEET-METAL SHOP 6 1590 1030 . HG! -WOOS :LOP*003.008@1;;-.....:@ 12 JE -T TAL 2 JE dBA&-CLAtS-TOTAL 74.10 588.83 0/20/92 3460 PV464 39 HOLMES CTY STATE PARK 62470. 1030 C1 W099 .,PD004193000,.,.. 0.50 0.00 0 50 0.00 Woo ffJCRTOTAL 0 '0/26/92 2460 PV"4WO000002674 SURPLUS CITY USA 62590 1030 HQ WOO9 LDPOO01001 31i00 0.00 OBJECT-TOTAL 31.90 0.00 OBJECT-CLASS-TOTAL 52,40 0.00 PROJECT EXPkND/EXPENSE GRAND TOTAL 566.63 qX :d 1:4IN 7he computer . looks fira'mdtch (each charge): Project > Sub 0 (74sk): >:@;A r.,b rg 7he computer looks into tables we have built that contain federal eligible tasks and programs per project. Y a',,.Wch 'is f9und:: it'@,:dfederal charge. if a match U- no'tfiJzMF,"it s a state (non-federal) charge. T his makes, federal. reimbursement automatic.  For: Project Manager RUN DATE: T01/92 STATE OF MISSISSIPPI To: Monitor Project Budget PAGE: ISO REPORT ID: G SAMNO1 OBLIGATION REPORT BY PROJECT ASDEF 10-31-92 FOR BU ET.FISCAL YEAR@1993. FISHERS & PKS AGENCY. DEPT Or VILDLf 464: PROJECT: 36703 COPIAH COUNTY 4MA PROJECT MGR: AINSWORTH ORG. MTO1 CURRENT; BUDGFETEO-:@* L -: W. r 1ALANCE: CODE ORGANIZATION-NAME ------- OBACT OBJECT NAME -----AMOUNT :EXPENDITURES EXPENDITURES' - ___NCUMBEAEv -- --ii-iiiiii-iiii-iiii- 1030 GAME DIVISION 601 ti,* i 4i I RKERI COMP 8-00 .00 LARI S 39,436.00 3 0.... .89 SR TRAVEL 52.00 0.00 0.00 6.00 $2.00 61121 TELE M S? 23 71.63 LG DIS 2 3.62- 0:1 T .11' J: 61131 UT .8 61132 LG DIST ?N T 52.72 150 @ 52 0: 61190: TRANS-GOOR 2.99 2.99 61210 ELECTRICTY 0.00 325.91 0:00 61310 PUBLIC INFO 0.00 37.16 0.00 .61650 80T PER BD FE 0 ..0,88 is i540.17:' a 208 -.3'st: 28 NTR. SERV 20,340.00 0 82150 OFC EQUIP 0.00 0 00 40#00: 62210 FUELS GASOLI 41:08 41.06 0.00 62211 FUELS DIESEL 0.00 0.00 900-00 622JO LUS OIL GREA 9.49 9.49 0 622 1 TIRE TUBE TR W sip 284 3 62243 TIRE TU 2FRD 62290 OT EQP R P P S29:?01 I 2C48 62450 JAN SUP CLNG 0.00 30.00 0.00 62470 FOOD PERSONS 20.50 20.50 0.00 62490 GREEN NUR 0.99 62590 FPP MATEItR 7 . ..... . 00 0 MMODITIES 14,250.00 11.2910@74, CAPT OUT-OTH 0.00 0.00 0.00 0.00 0.00 CAPT OUT-EQP 8,1150.00 0.00 0.00, 0100, 8.150.00 SUBS,LOAN,GR 0.00 0.00 0.00 0.00 1030 GAME DIVISION TOTAL 81.228.00 781.12 1,935.68 2,118.00 77,174.32 SALARIES 38,438.00 0.00 .:303.59 0.00 38,132.41 TRAVEL 32.00 0.00 0.00 52.00 CONTR.SERV 20.340.00 80.86 791.83 0.00 19.548.17 COMMODITIES 14,250.00 840103: M 00 700i28 w: CAPT OUTiiOTH 0.00 4 0. CAPT OUT-EQP 8,150.00 0.00 0.00 0.00 8,150.00 0.i 00.. ::..,SUBS i LOAN, GR 0.00 OiO0 ...... i 00 ..' ......... PROJECT TOTAL 81.228.00 781.12 '035068::@: 200iod-, 17 #'114 32: 7hrough this report, we. have the capability of showing multiple organizational efforts to a single project. ricement. had worked on this project, it would show: it under. e Q*rg If Law Enfo ih fon:, Nap,#,q,.::.Co  For: Supervisor oj'Multiple Project Managers RUN DATE: 12@IWZ3 Oet;aATIOSTATEORF MISSA8SIPPI ** To: Monitor Groups of Project PAGE: as REPORT 10: G S N REP T BY P JECT ROLLUP IiJU2 FOR U EAR 9SOSITI, DEP WILDLF PZSHERS. &::PKS 484 @.:*: 7: ... .. .. .... AGENCY: OF ROLLUP CODE: 22503 GAME RES. & WVEST SURVEY ROLLUP MGR: BOB GRIFFIN BUDGET D m E ITURES PRJT. :.PR6JiCflNAME:;'- AMOU;w::.:;;.::: TURE '111(=B CLASS NAME :........ - - ----- ------------------------------ --------------- --------------- --------------- --------------- --------------- SALARIES 22603 RESEARCH RY::: COORDINATIONA:::-'s::w.:: 7 .......... .,mm . .... -INVENTORIES:::.. ...... ......... :0, 22703':-WAfERFOWL::' 22803 PRESEASON WATERFOWL BANDING 0.00 0.00 0.00 0.00 0.00 .. ........ .. 0 ....,22903 WINTER'WATERFOWL-:* -%X 0 wn:.. . . ....... MOO 23003:CAMADIAN WATERFOWL:13 m 23103 GAME TECHNICAL SECTION COORD 0.00 0.00 0.00 0.00 0.00 0 ::.-.23203.DOVE::.CALL:.COUNT@:::::::.:::..::.::,:: .... ...... 42 1370 ..... . ... .. ... .... ST. UlRVEY,::m:w m ::,: :: . ......... .. . 0 APPER SURVEY 0.00 0.00 0.00 0.00 0.00 23403 TA 476 x.. 23503 CAPTIVI!::,WOO :,.DUCX..STUDy ... ... .. 00 ............. ........ .. ..... . .. ......... 23603 SE WX LDLzrt::. DISEASE -STUDY;:,::.::.:::: 0 ....... .::-0000 - 23703 BOBCAT STUDY ...... . 0.00 0.00 0.00 0.00 0.00 :23803: TURKLtYl::STUDY@@@@@@@@@@@@@@@@@@@;@:@@@@@@.. O@: 0: 0 23903; BAITING: STUDY::.:.:::: X!: :7::.l::::,:.;!'.!;:..:. 04LJOO..., 24003 DEER REPRODUCTIVE STUDY 0.00 0.00 0.00 0.00 0.00 24103: WATERFOWL: ILLEGAL: kARVEST: -STU:-:;:::: O:O0:T::,.:_ 0 ... . .... ..... ...... . . . 24303 BLACK BEAR:- STUDY.: . . ........ . 0' ... .. . . . ... ........ .. . ........ ..... ...... ...... 24403 VET MET DISEASE STUDY 24503 DEER MORTALITY.,, STUL)YL..@:::@.,@.,.@,:..".,...::.@...::,..*..,:,:,:.-.'.:,@:.', 000 0.00 0.00 0.00 0.00 0 w :.24603-UNCO 0 Q., GAME*:- RESEARCH ..... ..... MMITttb::: .. .. .0 SALARIES TOTAL 118,611.00 0.00 607.18 0.00 118.003.02 TRAVEL' ... . . . ... SURVEY COORDINATION;%::::::::,: 22603 RESE 12 A 22703 WATERFOWL INVENTORIES 780.00 0.00 64.00 0.00 716.00 .... .. ... . . . .... ....... @d  For: Supervisor of Multiple Project Managers To: Monitor Groups of Project RUN DATE: 12 STATE RF MIS018SIPPI ** PAGE: 87 REPORT ID: U SIM3 OBLIGATION REPO T BY R JECT ROLLUP AS 8F 11-30-92 :DEPT OF WZLIDU -FIShE .. ... . .... I . .. ............. ........ .......... ................ ........ I I RS &::PKS I . .. .. .............. ........... . AGENCY:. 404' ...... ROLLUP CODE: 22503 GAME RES. & AMVEST SURVEY ROLLUP MGR: BOB GRIFFIN .... .... .. ........ . Ell I TURES:::;:::::.::.-*,-.,-".:::;::-',EM RED CLASS NAME. PRJT: PROJECT NAME ARM;.:; I ? a ix..... .: ... : @;= -- ----- ------------------------------ --------------- --------------- --------------- --------------- --------------- ,.22803..PRESEnON..WAT.ERFOWL...IBANPI.No:.. 104,00...... ...... .. ... ....... ........ .01.100 .................. .............. ............................ 1.04 . . .. .... ......................... . ......... . .... ... ... ...... ...... 04 . ..... .... 22900 WINTER:: WATERFOWI;:@@.-BANDZNQ, 0 0 - .: ... ............ .. -.-m:X ......... 2300 CANADIAN WATERFOWL BANDING 0.66 6.00 0.00 0.00 0.00 23103 GAME TECHNICAL,SECTION,COORD .... . 780.00 01.00 ... 548.1 ..0.100 .... ........... ......... 231.49_ UNT 206 00 00 @23203 DOVE CALL 23303 HUNTER HARVEST SURVEY 0.00 0.00 0.00 0.00 0.00 23403 TRAPPER,SURVEY -.0100 0., 00 ....... .. . ...... 0.1.00.. 0.00 .. .... . ............ 23503 CAPT OY 23603 SE WILDLIFE DISEASE STUDY 390.00 0.66 0.00 0.00 390.00 ...23703.. BOBCAT.... STUDY ....... ... . .................... 0 1,00 0.1.00 ....................... ...... 0,00.- ............................. 0...00.. 01. , .1 , . :: 0' 66 23903 TURKEY. STUOV::"" 00' ............ ...... .. . 23903 BAITING STUDY 6.66 ...6. 00 0.00 0.00 6'. 00 24003 DEER REPRODUCTXV9.,$TUDY ... . ... '0 0" IVI ... .... ....... .... . . ................ ...........0 0 00 .100 ................ ...... .100 .......... T ..... . .. .. ERFOWL,I.LLErmAL.:,HARV1ES 'STU-:.::::::::::: 24103-WAT ........ .. 24303 BLACK BEAR STUDY 0.00 0 .00 0.00 0.00 0.00 VET MET.,DISEASE.$TUDY... 0,00 ..... 01.00 ......... ............. . ...... .. .................. T . .... . ...... . ...... .. 24503 DEER MORTALI Y,::STUDY:.* ................. 24603 UNCOMMITTED GAME RESEARCH 0.00 0.00 0.00 0.00 0.00 TRAVEL .,.JOTAL._. 3.416,00 1 3110.36 . ..... .......... ........ . ............ _,9,00 .... . . . ..... Comm. SERV 22603 RESEARCH .& SURVEY COD .RDINATION 3,500. 00 74.17 1.018. 13 0.60 2.4#1.8-1 22703 WATERFOWL INVENTORIES. .5, W, 00 46.,59 .... .. .... . .. $87,32 .............. .... .... 0.00 .. . ............. . 22803 PRESEASON WATERFOWL 13ANDIW I i66' 0 22903 WINTER WATERFOWL BANDING 500.00 0.00 6.66 0.00 500-00 ..... .... . .. .... .... ........ ...... . .. . .... ... .......... ... . .... . . ...... .... .. ... ...... . . ......... ... .. . . .... . .... . ...... . .. . .... ....................... . ................. .......... ........... ........................... ............. ..................... .......... ... . .......... . . ......... ................. ............... ... ............. ..... ......................... ...... ... ... ... . .... . .. . .. . .. .......... .... ................. .... ..... .... ................ ........... ............. ...................... . .. ........ .. ..... ............ .................... ... ............ ............................. .......... .................... .. ......................%......... ... ...... ........... .. . ... .. . .. ........ .... ... ... .......... ............ ...... ... .......... ....... ................ ......... . ..........  For: Supervisor of Multiple Project Managers RUN DATE: 12 STATE OF MISSISSIPPI ** To: Monitor Groups of Project PAGE: as REPORT ID: USIM93 OBLIGATION REPORT BY PROJECT ROLLUP gat@F 11-30-02 ...................... .. . .. .... ..... . ..... .. .. . ... ..... ........ ... ........... x FOR: ET::w:FISCAL.j@::Y .. .................... ............. . .... ... ... .. . P3::: w .. . ... i ... . . % . ... .. .. ... ... DEPT .......... .. .... -OF WILDLF:*: -FISHERS: AGENCY. 4a4-:':* .. . ... ...... ... I., ROLLUP CODE: 2250j*'GAME REP. & AWAST SURVEY ROLLUP MGR: BOB GRI FIN :':'YTD YTD BUDGETED':::-: M A14DUW.::;!: :::EXPENDITURES: CLASS NAME... PCIT .': ..' - : - -' - - '-::- : ': ::PROJECT:':NAME ....... ------------ ---- ------------------ --------------- --------------- --------------- --------------- --------------- ..23003,CANADIAN WATERFOWL,BANOINQ., .0 ......... ............... ............. 0.'00 ....... .................... 600A 0001W .... ...... ........... .... 0: ,...23103 GAM .. .... E TECHNICAL. SECTI RW: 125 0 R ON. COO 00 23203 DOVE CALL COUNT 0.00 0.00 0.00 0.00 23303 HUNTER HARVEST.SURVEY... 10.116.00 0,00_ ...291,3 . . . .......... 1.30 . . .......... .... 9.720,33. . . ....... . ......... ::7X -7 00 0 00 0 y: .... ...... 23403..TRAPPER:.SURVE R 23503 CAPTIVE WOOD DUCK STUDY 0.00 6.0 0.00 0.00 0.00 23603.SE WILDLIFE DISEASE.STUDY 9# .... . ..............., 000,00._- ... ...... . --- 9 Ow '0 'STUDY:::.:...:: - 23703:.BOBCAT 23803 TURKEY . STUDY 0.00 0.00 0.00 0.00 23903 BAITING. STt UD 0. ....... ......... ................................ 0,00 0 .... ..... ....... 24COM: DEER REPRODUCTIVE:.STUDY:. 24103 WATERFOWL ILLEGAL HARVEST STU 0.00 6.00 0.00 6.00 0.00 .24303 BLACK BEAR ... STUDY 0,00 . .... ..... ..... 0,'00 ......... ....... ....... ..... ........ 0.00 ......... 'DISEA 24403 VET: MET SE:_STLfDY 0 Aw ........ ... 24503 DEER MORTALITY STUDY 0.00 0.00 0.00 0.00 0.00 24603. UN 0 100 ........ ... COMMITTEO.GAME.AESEARCH... 0.100 ............................. ... 0.1.00 ........ ....................... Q..00 I_ 0;35 .... . ... ....... X _nx. CONTR. SE RV.': COMMODIT .XES ::.F2603_RESEARCH. &. SUR,VEY..CDORDINATTON....:,,..:,,.,..::,3,.770.,.W ......... ............. 1,103,10.1 ... ................ 0 ".W. ................... 2,222,,09.... X; x .. ..... -::INVEWORI.ES .22703 WATERFOWL .. . ..... .. . .. . ....... 22803 PRESEASON WATERFOWL BANDING 150.00 0.00 2313.56 0.00 so. fA- .22903, WINTER_ WATKRFOWL.. BANDING .. ... .. .. .. ... 01.00 ...... .......................... 0.1.00 .. .............................. 0.1.00 ................. ........ .. .... ANADIA 0 23003 C N WATERFOWL,..BANDING..., .-A 00 23103 GAME TECHNICAL SECTION COORD 0.00 0.00 0.00 0.00 0.00 .. . . . ..... I .. ....... ........... ................ ........... .... ....... X . . . ...... . -X .. ... . .... ...... ... .. ...... . .. ..... 11 ............ . w: w. .. . ....... .... ....... .........  For. Supervisor of Multiple Project Managers RUN DATE: 12115/92 STATE OF MISSISSIPPI LUP To: Monitor Groups of Project REPORT 10: GFSAMM03 OBL;G*ATION REPORT BY PROJECT RO* PAGE: so AS OF 11-30-92 FOR BUDGET . ...... .... .. ... .... .. ..... AGENCY:. 4af ...DEPT OF WILDLF FISHERS & PKS: ROLLUP CODE: 22503 GAME RES. & WVEST SURVEY ROLLUP MGR: 608 GRIFFIN .. . ........... WD ... .......... RE EXPENDITURES AMOU 'A PRJT'.'. PROJECT:r NAME::: NT EXPENDITU S"': :::'Ellikift CLASS NAME E Iti: ---.5`.`-,`-,,@-;,'@@ -- ----- ----------------- -------------- --------------- --------------- ---- ------------- -- ;------ --- --------------- 2320.3.DOVE, CALL:..CO 01,00 .. .. ........... ..... 01100 ........... ....................... 0.1.00 .. ............ . ... .. UNT ........... 2'300..00 4. w 23303:HUNTER HARVEST::. SURVET:::'.'.. ...... .... 23403 rTRAPPER SUR .V.EY 0. :00 0. .00 0.00 0.00 0.00 23503 CAPTIVE WOOD.DUCK STUDY. 0 - W: ..0-00 ...... ... ................. ... Q..00 ............................. .0,00...-... STUDY ... . ... 236M SE WILDLIFE DISEASE. 23703 BOBCAT STUDY 0.00 0.00 0.00 0.00 0.00 23803TURKEY STUDY, 60 @i:@ Oo0o 0.. W. ..01.00 @ I @.. .-1 1. 1 . - @: -, : ... .: ; . ........ ... .. ............. 23903 BAITING STUDY., 0:. 24003 DEER REPRODUCT IVE STUDY 0.00 0. 66 0.00 .00 6.00 24103 WATERFOWL. ILLEGAL. HARVEST. ... ... .... . .. .. .... 60:: 0 00 24303 BLACKBEAR STUDY 0. 00 ..... .. .. . 24403 VEt MET DISEASE STUDY 0.00 0.00 0.00 0.00 ....6 .00 ... 24503DEER MORT LITY-STUDY ..... .... .. ...... 0,00 ........... ............ ....... 0,00--, A L#X*MMITTgD ,e @RESEARW,::., 24603 COMMODITIES TOTAL 7.020.00 i, 133!3. 06 1, 611 10 0.00' 4.498.90 CAPT OUT-OTH ...... . ....... 2280 RESEARCH &:SURVEY.C00RO1kA1.10N:::.:. 0.00 22703 WATERFOWL INVENTORIES 0.00 0.00 0.00 0.00 0.00 22803 PRESEASON..WATERFOWL. BANDING. 0100... 0100 1.00 ........... ... ...... .......... 0'.00- ...... ....... ......... .... ........ '60 22903 WINTER wmmk moma .. .... O.*0O:::.,.qw-. . .... ... .... . . 23003 CANADIAN WATERFOWL BANDING 6.00 0.00 0.00 0. 00 6.00 23103.GAME.TECHNICAL SECTION.COORD...,. . 0,00... '0 ... ... .......... .............................. -0.100 ................ .... .... 0.00 6-0 .23203 DOVE, CALL: COUNT 23303 HUNTER HARVEST SURVEY b. 00 0.00 0.00 0.00 6.66 W 1@@,&  For: Supervisor of Multiple Project Managers To: Monitor Groups of Project RUN DATE: 12 STATE OF MISS18SIPPI ** PAGE: 90 REPORT ID: US= OBLIGATION REPORT BY PR dECT ROLLUP ...... . ....... ASOaF 11-30-92 . ..... FOR RU ET F I L YEAR ... ..... SCA . . ... . .. . .... xx. . . ...... . . ... 'FrSHERS.& . ........ 4 4:': ...'DEPT'OF WILDLF ROLLUP CODE: 22503 GAME RE RMVEST SURVEY ROLLUP MGR: BOB GRI414 ....... BUDGETEM@..' TUR S.@.!-:;::::'-EXPENDITURES@':::!.::::.:;:::''::':ENCth ERED-.':::-::'--:!:m:@'_" CLASS M@ME ORJT PROJECT: -N MWE": AMOUNT EXP a 1B ------------ ----- ------------------------------ --------------- -------------- --------------- --------------- --------------- 23403. TRAPPER, SURVEY ....... .01.00 ... ......... 0.1 00" .............................. 0-0.0 .... ............. .. ............. .. 0@00 ..... STUDY:: 23503.CAPTtVE:'WOOb.bUCk ....... . ..... .... ... .. .......... .......... . .. .. ........ 23603 SE WILDLIFE DISEASE STUDY 0.00 0.00 6. 00 0.00 0.00 23703 BOBCAT STUDY, . ............ ..... 01.00 . ...... .. .... ......... .... 0-00 .0, 00-::'::::_. ._'.'0'._00 .... .. .... ............ . .. ....... . Q . 23803 TURKEY. STUDY. .0, W 23903 BAITING STUDY 0.00 0.00 0.00 6.00 0.00 24003 DEER REPRODUCTIVE STUDY .. .... . . ..... .. .. . 0.00 ......... ...... 0.1.00.. 01.00 .................... ........... 0.1.00 ......... ................. :24103. WATERFOWL:: I LLEGAL., HARVEST.. STU.:;:: 24303 BLACK BEAR STUDY 6. 66 0.00 0.00 6.66 0.00 24403 VETMET.DISEASESTUDY .. ..... .. .... .... . . ................... ... ...... 0...00 ......... .. ................... 0...00..:: 0.1 00.... 0 00'. X: 24503 DEER MORTALITYSTUDY 24603 UNCOMMITTED GAME RESEARCH 0.00 0.00 0.00 0.00 0.00 CAPT OLrr-OTH ............ JOTAL . ..... ....... . 07 90- ......... .. .. .. . ..... ..... CAPT Otff -EQP 2260 RESEARCH t SURVEY COORDINATION 4,195.00 0.00 397.50 0".00 3,797.50 22703 WATERFOWL INVENTORIES .4,400 0.1.0.0 ...................... 4,203.,0.0 ............... . .......... 197. W. ...... :22803 PRESEASON'VATERFOWL 'BANDING:' .. ........ 22963 WINTER WATERFOWL BANDING 0.00 0.00 0.00 0.00 0. 66 ..23003.CANADIAN.WATERFOwt..BANDZNQ ...... ... ........ .0.00 ...... 0...", ............ ............... Q,w 0...00 .. . . ... ..... ...... . . . ........ .0 . . ....... ICAL, SECTION COGRD:::: 0 ..... . ......... ... ....... ...... . 23103 GAMEJECHN . . ... .. .. ........ ... ...... ............... .......... @n&3 Dow CALL COUNT 0.66 6.0'0 O.w 0.00 0.00 HARVESTSURVEY ... ....... . .......... ....... ....... . . ....... . 5.00,00_ .... .... .. 0100 0.1.00 ..500..00 ........ ... ........ ... ...... . ............... .... ........ -TRAPPER: SIURVIET: 0100 .23403@ . ...... 11 . . 23503 CAPTIVE WOOD DUCK STUDY 0.00 0.00 0.66 0.00 0.00 . ................ ... ...... .. . . ....... . . x"* .... ...................... . ............... . ........ .......... .................... ............ ...... ..... ....... ............ ... ................ .......... .. ... ...% .... ........ ...... ................ .... .. ..... . . . . . ... ......... . ..... . =MENEM .. .. ... .........  For: Supervisor of Multiple Project Managers To: Monitor Groups of Project RUN DATE: 12/15/92 STATE Of MISSISSIPPI ** PAGE: 91 REPORT IV: GFSAMM03 OBLIGATION REPORT BY PROJECT ROLLUP AaaF 11-30-92 .. ... xi 9T:.X1SC A ::ex: OF WILDLF 'FISHERS PKS: .......... ".DEPT AGENCY.. 464"':- :..m. ROLLUP CODE: 22503 GAME RE?. & WVEST SURVEY ROLLUP MGR: 808 GRI FIN Bu6di CLASS NAME PRJT EXP RES::: TURES NCU PROJECT NAME,*: AMOUNT.-::: 'AID ------------ ----- ------------------ ------------- ------------ -------------- --------------- --------------- --- ------------ 23603.SEVILDLIFEDISEASE STUDY_-- .... . ..... 0100'..'. 0. 00, . ..... ..... . ...... ... ........................ O..0o. 0.100 .... .. ---- ..,sway.. ...... . .0, 23103@ soncAr ... . . . . .......... .. .. .... . . -- ....... % .. . . ..... ... .. .. ... .. . . 23803 TURKEY STUDY 0.00 0.00 0 ..00 ...... . .. 0.00 0. .00 23903,.BAITING STUDY ... . ...... .0@100.... 0' . .. ....... ................. 24003.bEER REPRODUCTIVZ.:STUDY::1i1.: 0. 00 ,0 24103 WATERFOWL ILLEGAL HARVEST STU 0.00 0.00 0.00 0.00 0.00 .2430a,BLACK BEAR,,STUDY.. . . ........... . .. 0. 00 .. .... .......... 0.00 . . ....... ........... . ...... 0.100, ..0.100 .......... ...................... ...... .. .. ....... 00 0 VET. MET-DISEASt STUDY 24403 24503 DEER MORTALITY STUDY 0.00 6.00 0.00 66 0.00 24603 UNCOMMITTED GAMERESEARCH .. ...... 01.00 ..... ... 0.00 "......0 IV .. ........ 0.00. CAPT OUT-EQP @@.TOTAL 9 895 9 . ... ... ........ .. ............ SUBS,LOAN,GR 22603.RESEARCH..A.SURVEY.CDORDINATION. SIM,- 5.00 ....... 0.1 @0.0... .... .. ............... 5.00!!.... 22703 WATERFOWL .00; .INVENTORIES, 0 :0.00 ............... 22803 PRESEASON WATERFOWL BANDING 0.00 0.00 0.00 0.00 0.00 22903@ WINTER WAT9RFOW1_9ANDXNG... ...................... ............. 0.1.00 ........ ....................... :0.1.0.0 ............... ................. 0.1.00 ........... ..... ... . os ...... .... ..,WATERFOWL, SAM .23003: CANADIAN x. .0,60 .. .......... ......... ...... .. .... 23103 GAME TECHNICAL SECTION COORD 0.00 0.00 0.00 0.00 0 00 ... 23M-OOVE CAL.L.PO.UNT 0,00 ...... "DD ..... ---' .01.0.0 ........ ..................... 0...00 0.1.0.0 ......... .. ...... 00. 23303,HUNTER.HARVEST:.. . ]:: - :, - - 1340 TRAPPER SURVE IY. 0.00 O.w 0.00 0.00 6.00 23503.CAPTIVE.WOOQ,D=...STUDY 30. @000 - 00- 0'00 .... -0'00 ........ ............. 0.00 . .... 23CM SE WILDLIFE-DISEASE STUDY:: 0.*0 9i:610 23103 BOBCAT STUDY 1 35,000.00 0.00 6.00 O.w 35.000.00 .. ... . .. .... ... ..... ... . . ....  For: Supervisor of Multiple Project Managers To: Monitor Groups of Project RUN DATE: 12115/92 STATE OF MISS PAGE: 92 REPORT ID: GFSAMM03 OBLIQATIJNOREPORT BY Pi83ElCpTPIRO*LL*UP 'a F I-n-92 -OF WI L T.: I ROLLUP CODE: Oi& FISHERS: DEPT 0. 22503 GAME RES. & VEST SURVEY ROB GRIFFIN ROLLUP MGR: CWS :,::.'PRJr!:@:w ROJECT: NAME:` ::EXPENDITURES:: :ENMMEk-,, ----------- - -------------------------- --------------- --------------- --------------- --------------- --------------- 2380. TURKEY STUDY.. :M.00 0,00, ................................. 0,00 .............. __3501000.0 ....... ... 0 :::.23903, 9AXTINQ::STUOY. 00., 24003 DEER REPRODUCTIVE STUDY 0.00 6.00 O.w 0.00 0.00 ... 24.10.3 WATERFOWL. ILLEGAL HARVESTSTU .... .. ...... 0.. 00@ .......... . ..... 0.00 243004 SLAM: BEAR STUD..:. .. ...... . 24403 VET MET DISEASE STUDY 5.000 0.00 ..... .. ................ .00 0.00 6.00 6,000.00 24503,1DEER MORTALITY. STUDY.. ....30,000,100 .......... . ...... 0100 . ................... ......... 30. "00.. 000 24603-UN0OHMMEV:dAME'A SUBS.LOAN.GR ...... TOTAL 175,005.00 680.00 0. 165,325.00 OTAL,:.:::, 344,:982,, . ... ......... .. ... ... . ...... . ............ .. .... ... . . ................ ..... . . .... .. . ...... .... .... ..................... ...... . . ..... ... . . .... . ........ .... . . ............. ...... . . . .. ....- .... .. . .. ..... .. . ...... . .. . . . . .... .. . . ..... . . . .... . . ........ ... .... ... ... ... ... . I . . . ........... ............ ... . .... I ...... ....... . . . ..... . . .... .. . ............ . . .......... . . ... .... .. . .... . ......  For: Division Cidef RUN DATE: OW STATE OF MISSISSIPPI To: Monitor HislHer Projects PAGE: Is REPORT 10: G S=2 OBLIGATION REPORT BY ORO CODE Y FOR ou :'DEPT OF WZLDLF. FISHERS & PKS 464 AGENCY: ORG CODE: 1030 GAME DIVISION 09J OBJECT CLASS PR BUDGETED MT E CLS NAME CODE, CT::NAM AMOUNT. EXPENDITUR S:' -7 ---------- ---- - --- ------- - -------------- ----------- --------- ---------- Al SALARIES 20103 GAME ADMIN18 103,114.00 1,45S*27 01,758..13 98: .... ......... ass.. 60,337" 20203 WILDLIFE TE 168 9649 98 X a 00 0 20383...ALLICATOR MA.: 22:214. :06' 381' 41::-: 21-43t 204 3 QUAIL HASITA:: Oz 88 20503 WATERFOWL HA 0.00 0.00. 0.00 O.w 0:88 9.00 20603 CANADA GOOSE 0.00 0.00 0.00 0.00 0 28SO3 TENN-TOM MIT, -1 ":, 2 03 FOREST STEWA 8: 0 22603 RESEARCH & S 75.732. 00 'BH4 8 O.w 0. 0.001, 22703 WATERFOWL IN I .. . ; , . Oi 22803 PRESEASON WA 0.00 0. 00 0.00 0.00 .00 22903 WINTER WATER 0.00 0.00 0.00 9.00 .00 23003 SANADIAN WAT 231 3 AME T 232 3 DOVE CAEELqI -.42 9 Vq 0'0" 23393 HUNTER HARV 42,871*00 753: 09? 112 23403 TRAPPER SURV 0:00 0.00, 0.00 0 .00 23503 CAPTIVE WOOD 0.00 0.00 0.00 0: .00 2 SE WILDLIFE 8.00 0.00 23367833 BOBCAT STUDY 00 0 23803 TURKEY STUDY, moo .00 O@ 23903 BAITING STUD 8* 24003 DEER REPRODU 0.00 0.00 0.00 9.00 0:00 .0-9 24103 WATERFOWL IL 0.00 0.00 0.00 0. 24ffl BLACK BEAR 00, 1.00 3 VET MET D 1", 244 00 245 3 DEER MORTAIII 24803 UNCOMMITTED 0 30103 WMA TIMBER M 59,322.00 8:00 746.74 0.00 "'58,575.29 91, 30203 LANDS AND TI 31,107.00 0.00 381.41 0.00 30.725.59 98. 30303 WMA COORDINA 0 31103. GAME DISTRIC 71,578: -828: 31603 DIVIDE SECTI 298.617.9 4, 240.1" 0. 31703 JOHN BELL WI 55,3S4.00 0. w ass.-74 ...... ;-54.867 26 98. 31803 CHICKASAW WM 54 961.00 0.00 746.74 0.00 54:214:25 98.00 31903 JOHN BELL WI 104:905.00 0.00 1,553.48 0.00 103,351.52 98.00 32103 CTAW W14A 55 879.00 745.74 55,123.26., 91.00 CT FOREST 32 1 .41 2203 T 28 413 9 .00 32383 rTRI"MCANE WM 326 3 GAME DISTRIC 8. 0 8:89 38 8:8*0 - 32803 UPPER SARDIS 37.381.00 0:00, 746.74 0.00 38.814.26 98.00 32903 CALHOUN COUN 26,820.00 0.00 381.41 0.00 26,438.59 98.00 3313 MALVIkON WM 5 1,373.09 . ........... 52,755,91 91:88 81,41 "'24 2S7 SO: 98 I A 3:1'29':Oo O-n 33 3 GRE 0 WATE 24 33 ...... 98 33203 rDI8 WATER 381.41 74 33603 ME ISTRIC AW9118.57 1.461.43 88 .1 .. 33903 O'KEEFE WMA - 0.00 0 00'- 0.00 0.00 0.00 0.00 34003 ANDERSON-TUL 21,578.00 0:00 381.41 0.00 21.196.59 98.00 ........ ... ... ... ..... . 00 ....... ...... ... . . ..........  For. Division Chief To: Monitor HislHer Projects RUN DATE: 02(2 IGITTATE OF MISSISSIPPI PAGE: 17 REPORT ID: G S=2 OBL A ION REPORT BY ORO COD*E a?F702&-93 IS YEAR FOR BU93 . .. ........ . AGENCY: 464 DEPT OF WILDLF. FISHERS & PKS; ORG CODE: 1030 GAME DIVISION laet) OBJECT CLASS PR J BUDGETED :MTD .. .... PERC CLS NAME COSE PROJECT NAME AMOUNT EXPENDITURES"':::w EXPENDITURES REPAINING. -------------- ------------ -:- ------ -------- -- ------------ ---- --------- -- 23403 TRAPPER SURV 0.00 0.00 0.00 0.00 9. 0.00 2313 APTIVE WFJD QO 23 E W LOLI 23 iOBCAT JTUDY 0 23803 TURKEY TUDY: 8:00 93903 BAITING STUD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0. 0:83 0* 24003 DEER REPROQU 0.00 0 24183 WATERFOWL IL 8.00 p., 243 3 BLACK BEAR S 8: 24403 VET MET DIff 0: 0. DEER MORTA I ....... 24503 0:1 24603 UNCOMMITTED 0.00 0.00 0.00 0.00 0.00 0.00 30103 WMA TIMBER M 780.00 207.80 207.80 0.00 572.20 30203 LANDS AND TI 780. 236.65 543.35 G J?RD N I A 0. 30303 WMA J. 31103 AME : I IVIDE JTRI 1:352 .. .... .. ... 31603 D ECTF 3 B40:00 .199:80.."..:: 2.097@.68 61 1 542 32:'::: 42' 31703 JOHN BELL WI 52.00 0.00 .286.00 0.00 234:00 450:00 31803 CHICKASAW WM 65.00 0.00 0.00 0.00 65.00 100.00 31903 JOHN BELL WI 3.6400 00 0 1:.343.59 -.2,296.41 13: 3210 95 r .-.. ... 0 36 3 CHOCTAW WkA 52 00 22.00 32203 STARA FOREST 364' 0 0 .41Z 0; 08: 00 @ a 32303 TRIM CANE WN @, I I 32603 GAME DISTRIC 468.00 40.80 li53:85 0.00 314.15 67.00 32803 UPPER SARDIS 42.00 0.00 0.00 0.00 42.00 100.00 32903 CALHOUN COUN 42.00 .42.1 1 0 4Z 33003 MALMAIJON WN W 33103 GRENAD WATE 42-88 iW 25 O@ 33203 SARDIS WATER 42i d.1 a 100. 33603 GAME DISTRIC 572.00 46.25 432.11 0.00 139. 9 24.00 33903 O'KEEFE WMA 52.00 0.00 0.00 0.00 52.00 100.00 34003 ANDERSON-TUL 130.00 00 00 34103. LEROY PERCY 52 : : ,1:::.- - @: : 34203 SHIPLAND WMA 182:89 182' :00 34303 STONEVILLE W 26.00: 261 34403 SUNFLOWER WM 416.00 0.00 241.74 0.00 174.26 41.00 34503 PEARL RIVER 52.00 0.00 0.00 0.00 52.00 100.00 112. 3784:20 34603 LAKE GEORGE 390 00 34703 TWIN OAKS WN 0: 74 34803 9 7 MAHANNAH W14A 13 3S103 GAME DISTRIC 962 :961* 35603 CANEY CREEK 182.00 0.00 121.60 0.00 60.40 33.1'', 35703 BIENVILLE WM 91.00 0.00 0.00 91.00 100.00 35803 StATIBBEE WM 9 1,300 325.00: 361 W". aO0 5 13S 00 @3 TUNNA 382 3 KASAWHAY, 187 145 363 3 ELCLAHALA WM .62:9 rmm 0. 62 W,:;: 100. 36603 GAME DISTRIC 520.00 00 5.50 0.()0 514.50 98 00 36703 COPIAN COUNT 52.00 0.00 0.00 0.00 52.00 100:001 00 00  For: Division Chief RUN DATE: 02/28/93 STATE OF MISSISSIPPI To: Monitor HislHer Projects PAGE: is REPORT 10: GFSAMM02 OBLIGATION REPORT BY ORG CODE FOR SUP -28-93 .E?F 02 FISCAL YEAR' 1993: -maq 4 DEPT OF WILDLF, FISHERS PKS AGENCY: 48 ORG CODE- 1030 GAME DIVISION BJ OBJECT CLASS PP40J BUDGETED MTO D.. T IT NAM9..::.::. AMO NT. LS NAME CODE... PROJECT U XPENDITURES.,:-.@...@-EXPENIDITURES: - - - - - - - - - - - - - - - - - - - - - 36803 HOMOCHITTO W 52.00 0.00 103.67 0.00 51.67- 99.00- 36903 SANDY CREEK 52.88 76,39 :.:..8.00 24 - 4 So 24 S, Al 37603 GAME DISTRIC 7 38103 LEAF RIVER W: 78' -122 6 39203' PASCAG LA P 1156: CR2U E 38303 RED CR EK WM 7 .00 78: 38403 BAYOU W 0.00 0.00 0.99 386�3 WLANTOLE BILOX 582:1 2 . . . ...... 387 3 MARION COUNT 5 :1.00 388 3 OLD RIVER WM 7 38903 WOLF RIVER W 52. 0. -13 19.068.87 63.00 TRAVEL TOTAL 30,140.00 898.98 11,081. 0.00 8 CONTP. SERV 00183 W&F EXECUTIV 0 00 724 3 00 121 14AINTAIN TUR 0: 20103 GAME ADMINIS 29.220.00 2,319.64 12,069.11 62.60.. 17.088.29 58.00 20203 WILDLIFE TEC 8,610.00 419.30 6,858.97 0.00 1,751.03 20.00 203 LIGARR,MA 32 00..- .. .,. 0:1:@:@@, 470.',Oll 1,)49,02 ........ 0 204833 AIL 8 8 TA 6491 9j: :.64,;-75 ?WSO 33 2 3 78. 20SO3 PATERFOWL HA 1 527 02 20603 CANADA GOOSE 1 000 00r,: - :rtft. : 20803 TENN-TOM MIT 500 00 487.7S 1:006i46 0.00 506.46- 101:00- 20903 FOREST STEWA 0:00 0.00 40.00 0.00 40.00- 0.00 TE 699.21 591.99 ............. 1.5,11,598, 21103 NN-TtM CG 153,8901 63 882@ .4 _1184,23 2260 IkEffAll H & 5 3 :95 7,11: S 2 O*R 7 '97 -:2 6 9. .. .... 49 WA ERF W 5 S 22783 r WL IN 0 2 22803 PRESEA ON WA 0: 8 7 22903 WINTER WATER 500:00 0. 0:88 88 95 23003 CANADIAN WAT 600.00 0.00 0.00 0:00 600:99 00. 23103 GAME TECHNIC 72S,.00 0 35 :@ 21 23203 DOVE FALL Vq 0: n :% 6 0,11 jo 1 151 0:88: 646 23303 HUNTE HARV IS 43 0 701 23403 TRAPPER SURV 0: 98:: 23503 CAPTIVE WOOD 0.00 0.00 0.00 O.m O.w 0.00 23603 SE WILDLIFE 9.000.00 9,675.00 9.675.00 0.00 676.00- 7.00- 23783 80SCAyT JTUDY 00 100, 23 3 TURK TUDY :88 23g83 BAITING STUD 24 3 DEEP REPRODU 0.80 0. 1:88 24103 WATERFOWL IL 0.00 0.00 0.00 0.00 0 0.00 24303 BLACK BEAR S 0.00 0.00 0.00 0.00 0:88 0.00 24403 VET MET DISE 24503 DEER MORTALI- 0. .-08, 0.00 :0 0 8M 24603 UNCOMMITTED 0 .8. .5 AS 3 30103 WMA TIMBER M 2 1 j020. :44675.003* ..3 W. 30203 LANDS AND TI 8'035.00 20.34 2.289.02 17. 5,728.98 71.00 30303 WMA COORDINA 0.00 0.00 -9.00 0.00-- 9.00- 0.00 31103 GAME DISTRIC. 4,960.00 2.546.60 4, @808. 1$ 09,35 . ...................... ... 02,471...@ ... ... U 30 00 07 00 I 00  V - rur: Division Chief To: Monitor HislHer Projects RUN DATE: OW STATE OF MISSISSIPPI ** . PAGE: REPORT ID: G SUM2 OBLIGATION F REPORT BY ORG CODE FOR BUMETF?2-28-93 . ....... ...... ... ::." ......... ... ....... AGENCY: 484 DEPT OF WZLOLFj FISHERS & PKS- . ... . . . .... . ORG CODE: 1030 GAME DIVISION 9J OBJE CLASS PROJ BUDGETED . Y ....... MY TO.: :'YTD LS EIME CODE-- PROJECT NAME AMOUNT I --- ------------ . I @.:. WRINIMM - - - - - - - - - - - - - - - ::.i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 31603 DIVIDE SECTZ 23.400.00 946.64 15.884.51 0.00 7,515.49 32.,00 31703 JOHN BELL WI 1. 200. 516.997: ....... .2,321.74 00:: 821 F7 96 2 2 31803 CHICKASAW WM 2 ass. 31903 JOHN BELL WX 3 300. 49. 403 - @42.,i s 2 : 2 32103 CHOCTAW WMA. 6 960.00 ..I'D 2*21' 5"873:84 32203 STARR FOREST 3:353.00 31.51 736:08 0.00 2.616.92 78.00 32303 TRIM CANE WM 0.00 0.00 8S.00 0.00 0.00 32603 GAME DIXTRIJ 5* UPPER S, DZ 3: 280 2043R CAMN COUN, 2' 5 3 4 ;01 :1@ -:4 6 413 47 4.8 4 5 @:Cosf @,:` 8 11 33043 7'888:08 MA SON WM I S: F480:: 184.48 2 31 8. 33103 GRENADA WATE 1 990.00 42.93 901.25 0 088.7S 54. 33203 SARDI8 WATER 2:350.00 35.07 763.46 0:88 11:586.54 67. 33603 GAME ISTRIC 5 710.00 481.49 5,30 11.99 ... .. .......... 2 1 S: 7 4114. JJ 33903. O'KEEFE WMA 0 390 ............ . .GIs 4'' 3 0 31. 3400 ANDERSON-TUL-. 3.11S:88 .18.94 58 E 34103 LEROY RCY 700.00 36 09 52i 34203 SHIPLAND WMA 3,245.00 0:00 2,w2.57 12.95 lp229 .48 37. 34303 STONEVILLE W 285.00 0.00 39.08 0.00 245.92 86,00 34403 UNFLOWER.WM 13 535.00 111.88 1,777.06. 7.-1 4 6351: 22.94 52 21 870.88 .2,719. 92 0 34503- EARL RIVER '0 a 62 @ Sl'.7g:L:;@@jj:-: 5 1 ?34 34603 LAKE GEORGE 23 49 7 3 @4 0.00 , I 8:4 00 34703 TWIN OAKS WN 22:80, 68.13 0. .11 0: 34803 MAHANNAH WMA 40,000.00 42.28 27,542.28 1,696.64 10,761.10 26.00. 35103 GAME DISTRIC 3,440.00 57.60 1,403.67 37.45 -,-1.998.88 58.00 T- 35603 ANEY CREEK 4 103.59 2,023.49 41 54 35703 ZENVILLE WM 2 8 5 8,1 2:57'00: 52.03"" 799.13 0 7 6 35803 !M, 215 8 OKATIBBEE WM 14,2301 Ga. 73:@!"*..:@ 0: 4 36103 BUCATUNNA WM .410.00 6,80:.: 708. 703.98 49. 36203 CHICKASAWHAY 1055.00 84.88 993.54 19.00 1.042.46 50.00 36303 TALLAHALA WM 2.665.00 117.27 1,179.29 0.00 1.485:71 SS.00 36603 GAME DI8TRJI 2.88 ),3? _. -, 291.5@ 2,588.4-5- 89100 8 .... ass a . ..... 3 PIAH 348:00 '21( 98 88 b 367 T?U 8 19 '3 1 S.. 13 '673 44 3 0 w '7:700.88 28 3888 2 W 0. a -78 37@ 103.26 OMr'TEPK 1.870.00 ?a 41:00 36903 SAN Y CR .:, - .: .4. 6. 37603 GAME DISTRIC 11.060.00 38.40 1'843.89 211*61 83.00 38103 LEAF RIVER W 4.140.00 145.08 4:692.03 0. 0 552.03- 13.00- 38203 PASCAGOULA R 55.410.00 2,697,6 2:196.01 5,812.29. ........ 17,401.70 31.00 4.770igg 226 837:'84 '17 38303 RED CREEK WX 2 38403 '10. 38603 WLAIRDTLEEAYS(PLOWX 21: N3 00 31 .75'. .2S: is 38703 MARION COUNT 10 250.00 263.12 5:738.36 92.00 4,421.64 4 38803 OLD RIVER WM 8:695.00 281.50 3.275.09 86.00 5.333.901 ............ ...4381:00 38903 WOLF RIVER W 3,940.00 220, 00' 841.29 ..... .... 3,1908A 7 0 43103 OPERATE & 14A BEAVER MANAG 0 901603 :88 8A CONTR. SERV TOTAL 726,993.00 93.667.78 289,267.26 98,208.89 339,510.85 46.06- C COMMODITIES 00  For: Division Chief RUN DATE: 02/28/93 STATE OF MISSISSIPPI To: Monitor His/Her ProJects PAGE-- 20 REPORT ID: 0SAMM02 OBLIGATION REPORT BY ORG CODE SUASGEgFF02-28-93 FOR ISCAL YEAR-1993- ........ . AGENCY: 484 DEPT OF WILDLF, FISHERS PKS ORG CODE: 1030 GAME DIVISION ...... PIMENT.- S PROJ ej OBJECT BUDGETED YTD' YTD- C1 2LS AIAMFLAS CM PPOJECT-NAME NOW EXPENDITUIMEV:@,`-' EXPENDITURES 911k@BERE6.,: --- ------------ ----------- - -------- ----- -------------- -------------- ------------- 20103 GAME ADMINIS 2.375.00 54.15 1,029.24 485.59 860.17 36 WILDLIFE TEJ 17 800.00 92 7,429.47 1 p 23 2 3 3 ALLIGATOR M 220 .114 0 832.20 25..? 6 28283 4 843.9 0 611AIL HABITA 51 ,106:88 0 28483 1 42 3, 121!4? 2 5 3 1 O5OwO0 0 .:7.:, QVTERFOWL HA !.log.' 3 Ir :': @ I .'.: @ .. :88 IOS.9 wr 20603 CANADA GOOSE 3:600.00 0.00 699.15 2 9 .85 80. 20803 TENN-TOM MIT 0.00 0.00 0.00 - 9.90 20903 FOREST STEWA ..00 21103 TENN-TRI CG :25A 394. gS @7 -.14 95Z :00 2. 87 22603 RESEAR & S 3,7488 .6 5 Is:' 22703 WATERFOWL IN 800.00 8193 3 19 22803 PRESEASON WA 150.00 0.00 306:76 0.00 158:76- 104. 22903 WINTER WATER 0.00 9.00 Oeoo 43.00 43.00- 23003 8@rIAN WAT 0 V. - ECHNIC,, 23:82 23103 E T 0: spo 23203 DOVE CALL C V? 2j3OO' 442@ 08 0 00 8: @8 00 77 00:"' 23303 HUNTER HAR 1 :::-192244 i . . m 23403 TRAPPER SURV 0.00 0.00 0.00 ..0.00 0-. 00 23503 CAPTIVE WOOD 0.00 0.00 0.00 00 0.88 00-00 23603 it WILDLIFE 0.00 .00 0, 0 ECAT STUDY 23703 @0.-O* .. . ...... . SO 23803 TURKEY STUDY. 22903 BAITING STUD 0.00 0. 0 24003 DEER REPRODU 0.00 0.00 0.00 0.00 0.00 0.00 24103 WATERFOWL ZL 0.00 0.00 0.00 0.00 0.00 0.00 24303 LACK BEAR S 00 0100 B 24403 VET MET OISE 24583 DEER MORTALt 88 0: 8:00 246 3 UNCOMMITTED 0:00 8:88 30103 WMA TIMBER M 7,900.00 40.22 1,927.03 278.40 5,694.57 72.00 30203 LANDS AND TI 2.050.00 0.00 532.45 68.50 1.449.05 7 30383 WMAEC8?RDINA 0:88 0:9 ... 3,083: 8.50- - 311 3 GAM STRIC .7,036 :374 4.1'..."'.."..... 31603 DIVIDE SECTI 88.373 00 974.86 ::20,202.38 Goo M7 651., 0: 31703 JOHN BELL WI 5 050:00 382.60 4 868.09 31803 CHICKASAW WM 8:100.00 659.07 7,073.81 92.75 633'44 31903 JOHN BELL WX 80,535.00 464.16 13.594.10 1.745.81 85.195.09 80.00 32103 CHONTAW WMA 13,449.00 214.49 2,245.25 1, 22357: 166..215 75 32203 RFOREST Woo: -1 05 13:, @12 0 Oj 32803 GAME DISTRIC 0 32303 TRIM CANE WM , :1@ - - . .2 32803 UPPER SARDIS 5.640.00 178.23 4,281.87 333.95 1.024. q, 18.00 32903 CALHOUN COUN 5,865.00 66.50 2.879.00 25.75 2.960.25 33003 MAL14AISON WM 11,52 98.00 281.6a . .... ..... 3,381.27 3S.75 1,102, ..98 22103 GRENADA WATE io 168.4 S. 52.7 NO.. 33203 rOIS WATER :165:88 203.99 8*187.5 2S SI. 3 J2 5 547 305 `27::,":!@. 313603 E DISTRIC 0,95S.00 09 01P84... 33903 O'KEEFE WMA 3 425.00 84.59 3:101:33 0: DO 323-67 9.00 34003 ANDERSON-TUL 5:700.00 18.11 1,276.24 25.75- 4;-398.01 77.00 r4 00 00  For: Division Chief To: Monitor HislHer Projects RUN DATE: 02 28/93 STATE OF MISSISSIPPI ** - REPORT ID: USAMM02 OBLIGATION REPORT BY ORG CODE PAGE: 21 AS OF 02-28-93 FOR 8UDGET`11SCAL-YEAR,1993:@* AGENCY 464 DEPT OF WILDLF, FISHERS PKS ORG CODE: 1030 GAME DIVISION 85J OBJECT CLASS P J BUDGETED MTO: N LS NAME CODE PROJECT AMOUNT.. EXPENDITURES:: --- ------------ --------- - ----------- ------- 34103 LEROY PERCY 1,775.00 176.18 2,290.68 3 4.415.68- -248. 342 3 1 LAND WMA 4,905:88 0,88 .......... . . ... '34 . 2,484. 0. , , . , .... %`-: 227' 34383 TONEVILLE W 445 17.:3 6 . 20'.il:.:@:@.,@@:ii:!ii:::@i@@;@.,.,i::@, :-.: I 3 ... 34403 T NPLOWER WM 15 370 14:46 710.33, 231 85 '.45 log 225:- 75 34503 1EEAR RIVER 17:140:88 13. 3' 158; 80 4 73 34603 LAKE GEORGE 41,950.00 399.SO 3:371.79 95.09 38,483.12 '91. 34703 TWIN OAKS WM 0.00 0.00 943.73 0.00 943.73- 0. 348 3 MAHANNAH WMA 000 0.82 .44.815.22 21. a M ag: 2g: 0 2 081:88 4rg. 6 35 A DIaTR 209 09. 1 al. 0 35 3 AN C E 16.1 M ly EkC - HUG 6:11 1 35703 91ENVXLLE WM 8.705.1 106.70 2.3a3.47 .31S..78 72. 35803 OKATIBBEE WM 29,960.00 390.19 7.830.69 192-.13 21.937 Is 73. 36103 SUCATUNNA WM 6.185.00 142.25 1,460.95 51.50 4.672:55 75. 36203 CHICKASAWHAY 4S 281. 3.5194:377 581 4.894.43 @979: 55: 2, -::. 36303 TALLAHALA WM 5:3 38 :@68 :r@g,.@:@i@:i,@:@@i:@@jii@@@j:.@@l:.@::4t 1*83.. S70.61 2S 5 8 46. 9. 67 'a ..... 33S.76 14 25 108,05 36603 GAME DI 71168. 1 36703 COPIAH 36803 HOMOCHITTO W 6:190.00 160:58 3'.514.93 397.57 2,277.50 36.00 36903 ANDY CREEK 4,650.00 93.13 796.96 25.75 1.827.29 39.00 376 3 a E 'STRIC a 718: 214.78 672.85 332.36, 3,744,59 381 3 LAEMF DRIVER-W 7: 99 29 569-94 553 15 - 826 3 1::':: S 9 38N 1507,49.:' ::;::@'@@:23978'*'29-:@@::;@::@;:':-'@:@,:-@:'@;@@:@@@;j@:1 15 3 PASCAGOULA R 42.286. - 6 -@ - . 38303 i@l8@:715..73:*--@':::'::@'.@:: 39 .73 I& 8 55:83 Of -307 22@;- RED CREEK WM 16,750. lie :494 38403 WARD BAYOU W. 4 000.00 144 71 1'144.88 37:94 2.817@1 7Q.00 38603 LITTLE BILOX 3:850.00 128:31 1'395.20 1.414.99 1,039.01 7. 387 3 MARION T 17,380 00 104.82 4:786 387 2 .21 wm .. .. .. .. W38 4 371 RIVJRUN 9 0 7. 388k OL 14 92 :083 :479:3 3 389 W 8:18 153 63 FekF RIVER W e3 982 LMAN CONT 0. 006:.@::,:@ 0. ",Do COMMODITIES TOTAL 843,510.00 13,087.10 264,162.91 $0.285.98 529,081.11 62.00 DI CAPT OUT-OTH .. ........ 20103 GAME ADMINIS W 00. 20203: WILDLIFE TEC 8:, ..0. ..... . 00 20303 ALLIGATOR MA 0.00 00 0.00 O.w 0.00 0.00 Afik HABITA 0.00 0.00 0.00 0.00 0.00 20403 r 0.00 20503 FOW1, HA 0.9 20603 CANADA GOOJE 8 8: 28803 TENN-TO$4 M T 00 2 903 FOREST STEWA 0 .. .... 0. 00:.: 21103 TENN-TOM CG 0.00 0.00 0 00 1.958 1.658.80- 0.00 22603 RESEARCH & S 0.00 0.00 0:00 0:88 0.00 0.88 - 22703 WATERFOWL IN I I., 0. 22803 PRESEASON WA 00 . ............ WINTER WATER ...... . 0. 00' 22903 '80. @O. 23003 CANADIAN WAT 0. 00 23103 GAME TECHNIC 0.00 00' -.0.00 0.00 0:00 0.00 23203 DOVE CALL CO 0.00 0.00 0.00 0.00 0.00 0.00 23303 HUNTER HARVE.. 0.00 0.00..,.. V..Oo ......... .... .. 0,00 .... . . ..... 0. ... . ...... .... . ... . ..... ......... ........ .... ............... 00  For. Division Chief To: Monitor HislHer Projects RUN DATE: 02128/93 STATE OF MISSISSIPPI ** PAGE: 23 REPORT ID: GFSAMN02 OBLIGATION REPORT BY ORO CODE @F 02-28-93 FOR BAGE FISCAL*.YE 1903. AGENCY: 464 DEPT OF WILDLF, FISHERS PKS ORG CODE: 1030 GAME DIVISION 891 OBJECT JLASS PROJ .5. ", ew BUDGETED AMOUNT EXPENDITURES:..:.:,.:::EXPENDITURES-:@-..,I!::-:i tt4CMERE Lw LS NAM CODE- -PROJECT NAME- ------------- -------------- 36803 HOMOCHITTO W 0.00 0.00 0.00 0.00 0000 00 AN?YDC EEK 0:1 66 37603 8AM 19TRIC 8:88 36903 3 38203 PASCAGOULA R .00 8103 LEAF RIVER W 8@ 16800 38303 RED CREEK WM 0.00 0:00 0.00 0.00 0.00 0.00 38403 WARD BAYOU W 0.00 0.00 0.00 0.00 0.00 0.90 38603 LITTLE BILO 0 00, 00 0 38ffl :00 388 3 MAFtlrlVCErWR %0 0' 389 3 LF RIVER W .00 CAPT-OUT-OTH TOTAL 512.000.00 51.595.00 135,998.00 179.659.80 196.342.20 38.00 D2 CAPT_OUT-EQP 00 2 ... .. . 234.95;:; J%5 8 Do 634. Us 20103 GAME ADMINIE I goo - V . :i@i:l 'a 20203 WILDLIFE T 4:800: 6. 9-V 20303 ALLIGATOR MA 0.00 0.00 0.00 9.09 00 20403 ABITA 0.00 0.00 0.00 205 VATAE160H 8683 WL HA 808.00 0. 88 3 CANADA 2 @:o 2 803 TENN-TO 00".88 9 03 FOREST STEWA 9 . I : : 0. Ow .00" 21103 TENN-TOM CG 809 470.00 0:00 -0.00 50.400.64 759,069.36 93.800: 21203 OKATIBBE CG 164:955.00 330.00 330.00 2,709.90 161,915.10 98. 22603 REffARCH & S 4 195 00 137's '018. 3 0 4'.2 22703 WA ERFOWL IN 4 400 !13:5 4. .88 ".100.00 22803 PRESEASON WA Soo 0. 22903 WINTER WATER OiOO .0. 0 .00 '0.00, 23003 CANADIAN WAT 0.00 0.00 0.00 0.00 0 .00 0.00 23103 GAME TECHNIC 0.00 0.00 0.00 0.00 0.00 0.00 23283 DOVE CALL 0.00 0.800'', 0.00 233 3 HUNTER HARC2" 0 4 w 239. 268: 0: 23403 TRAPPER SURV Om .8. 0 ...... 0 00 23503 CAPTIVE WOOD 0.00 0 @ 88:: 23603 SE WILDLIFE 0.00 0.00 0.00 0.00 0.00 0.00 23703 BOBCAT STUDY 0.00 0.00 0.00 0.00 0.00 0.00 23803 TURKJY STUDY 23g83 BAIT NO RLTUD O@ 24 0: 3 DEER REP OU 1:1 1 0:00 :00 24103 WATERFOWL IL iOO .. :: @::: .:: I 24303 BLACK BEAR S 0.00 0.00 0.00 0.00 0.00 0.00- 24403 VET MET DISE 0.00 0.00 0.00 0.00 0.00 .-0.00 24503 DEERMIRTALI 00 0 OO-...r.','..,",': , R 3 .'. 1; 1.: . - 0.88'.... :il@:@ I 2468 UNCO M TTED. 9 301 3 WMA TIMBER M .71:9 as 831'. 30203 LANDS AND TI 400:00 0:00 100:00 30303 WMA COORDINA 0.00 0.00 0 0 .00 0. 8 0.00 31103 GAME DISTRIC 1,100.00 0.00 26212 0.00 837. 76.00 316031. DIVIDE SECTI ... 0,00. 44.037.3o... 3 00 .. ....... . ... . .. ... .  For. Division Chief RUN DATE: 02/28/93 STATE OF MISSISSIPPI To: Monitor His/Her Projects PAGE: 24 REPORT ID: GFSAMM02 OBLIGATION REPORT BY ORG CODE BUgaff 02-28-93 FOR FISCAL YEAR 1923, 464 AGE]NCY: WILDLF, FISHERS & PKS DEPT Of ORG CODE: 1030 GAME DIVISION 9J OBJECT CLASS PROJ BUDGETED Kr?6' .yTD :YTD- EN(MBE 0 SLS MAKE CODE PROJECT NAME AMOUNT EXPENDI RES::::::: EXPENDITURES ORE 10ALW IN - - - - - - - - - - - - - - - - - - - - - 31703 JOHN BELL WI 0.00 0.00 0.00 0.00 0.00 0, 318P CHICKASAW WM 5, 0.00, -5,1 - j... 31 JOHN BELL WI 522:908 72 76343 ... 32103 5, 3 7-S FOREST 0. "652 so- 3: a 3 6, .00. ".So -89 AW WMA : , 32203 VOFM 94S .00 287 32303 TRIM CANE WM 0.00 0.00 0.00 0.00 0.00 0.00 32603 GAME DISTRIC 0.00 0.00 0.00 0.00 0. 0' 32883 LIPPER SARDIS is 32 CALHOUN COLIN -02: - 33 AL14AIJON WM 25 .00 239 3 64, '34', lSlioo 0. 6 0 M 33,83 GRENAD WATE 33203 SARDIS WATER 4.100.00 0.00 207.90 0.00- .3,892.10 94.00 33603 GAME DISTRIC 0.00 0.00 0.00 0.00 0.00 0.00 33903 qAEEFE WMA 0 49.49 49. ERSON-TUL q. 0.00 00 - 3400 34103 LEROY PERCY 0. p .0 34203 SHIPLAND WMA 08 I i. - .: ... - -00:@Z 0.00 0 143:0 1 . .. ... I. . . 34303 STONEVILLE W 900.00 0.00 0.00 -900.00 1 34403 SUNFLOWER WM 4,700.00 0.00 0.00 8: '00 4.700.00 1 :88 3413 PEARL RIVER 1 500.00 1098: Z LAKE GEORGE 7 pe 46 3 8:61 2,4808:8S 2,758:83 8: 1. ." @ 47 3 TWIN OAKS WN 0 2.118.86 10108. 23,2 19 3 :88 : , 42. 11 @ ;.,. .0. 34803 MAHANNAH WMA .00 0:98 00 35103 GAME DISTRIC 1,550.00 0.00 0:00 1,550.00 100. 35603 CANEY CREEK 9,100.00 0.00 1.005.31 8:88 8.094.89 88.00 35703 BIENVILLE WM 4,458 ow 4.459. 1 00 OKATIOBEE WM 88 :00 14,619:33 54.142:099 00 4 00 4 00:@- RS883 BUCATUNNA WM :8 82 8: 10 88 36203 CHICKASAWNAY 8:w:OO , : .;* 36303 TALLAHALA WM 2 050.00 0.00 0.00 0.00 2,050.00 100.00 36603 GAME DISTRIC 2:100.00 0.00 0.00 0.00 2.100.00 100.00 36703 COPIAH U a Is 0 21111.0 9 HOMOCHIW NT 9 a w 5 64. AL 36803 0: 0 3S903 SANDY CREEK 1.6a8:00 0. '3 . .. .. ..... . .0 37603 GAME DISTRIC 7 0.1 7 49:* 38103 LEAF RIVER W 650.00 0.00 0.00 0.00 650.00 38203 PASCAGOULA R 7,250.00 1,448.00 5,758.00 499.00 993.00 13.00 38303 RED CREEK WM 950.00 0.00 0.00 880.99 ..... ... .......... . . 39403 WARD BAYOU W - Oigg 00 0. 1 400 0. 38603 LITTLE BILOX. . . ..... .. 38703 MARION COUNT :800, 0 @ 88 l;,,5 SO 0. 2 700.00" 100.00 38803 OLD RIVER WM 2 700.00 0.00 0.00 38903 WOLF RIVER W 2:000.00 0.00 4,225.00 0.00 2:225.00-, .111.00- CAPT OUT-EQP TOTAL 1,230,920.00 74. Oil 80 354'205.80. 490, 516",@ E SU9S.LOAW.GR 20103 GAME ADMINIS 40,000.00 C). 66 40,1005.75 0.00 5.715- 0.00 20203 WILDLIFE TEC 20.00 0.00 0.00 0.00 20.00 100.00 20303 ALLIGATOR MA S.00 .0.00 0.00 0.00 S. 00 Aw 00 00 00 00 00  For. Division Chief To: Monitor HislHer Projects RUN DATE: 02128/93 STATE OF MISSISSIPPI PAGE: 25 REPORT ID: GFSAMM02 OBLIGATION REPORT BY ORG CODE AS Of 02-28-93 FOR BUDGET FISCALYEAR 1993 AGENCY: 484 DEPT OF WILOLF, FISHERS P S ORG CODE: 1030 GAME DIVISION PER4 M ENDITURES -YTD: a I%SS PR J L ON BUDGETED MTO'. E rLJS 08 ENCINCE CD E PRWE&-@ NAME-:"....-- ..AM0lw EXPENlOITAJR9S*::..,*w,w 041" --- ------------ ---- -------- -- -------------- ap:: 20403 ZAIL HA 0.00 0.00 0.00 0.00 0.00 0.100 ATERFO 00 0.- no 28l5O3 2 03 MA 0, TENN_10M 8:00 .... .. 20803 0. 20903 FOREST STEWA 0.00, 0.00 .0. . 8 , 1 1 4 22603 RESEARCH & S 0.00 0.00 5.00 0.00 5 . 00'* 22703 WATERFOWL IN 0.00 0.00 0.00 .0.800 9.00 3 00 0;'08 22H PR EASON WA WIDE .-0.0 22 3 R WATER 8: 23 3 WIAN WAT 0. E 0 :0 23103 TECHNIC 23203 DOVE CALL CO 0.00 0.00 0@00 0.00 0.00 0.00 23303 HUNTER HARVE 5.00 0.00' 0:00 .0.00 5.00 100. 23403 TRAPPER SURV 0.88 ... 0 m-00 0.00 0 23503 JAPTIVE WOOD 30.008*00 0. 90 lkjoool 53 08 ... 23683 E WILDLIFE 0:009 9.6,75 237 3 BOBCAT STUDY 35 000.00 0: 35,000.00 0.00 @-0.00 23803 TURKEY STUDY 17:S00.00 17:508: 51. 23903 BAITING STUD 0.00 0.00 0.00 0.00 .88 24003 DEER REPRODU 0.00 0 -9.0 00 24103 WATERFOWL IL 00 24303 EAR J 35: 8@: 3 00 ... 0 .n 0 0: 8 BRM EO 24403 V MET DIS 5 24503 DEER MORTALI 30 000-.00 0.00 :*.DO 18:500: '.."il',500'.00 38' 24603 UNCOMMITTED 5:000.00 0.00 0.00 0.00 5,000.00 100: 30183 WMA TIMBER M 0.00 1.000, 0. 302 3 so: 0 8: LAND AND TI 6.22 30303 ?RDINA: 0, 0. 0. 0: 0: STRIC - 8:. Ono 0 88: 0 WMA 31103 GAMEN 31603 DIVIDE SECTI 0.00 0:00 0._O0 0 0.00 9.00 31703 JOHN BELL WI 0.00 0.00 0.00 0:88 0.00 31883 CHICKASAW WM 0 00. C)o 319 3 JOHN BELL Wl 32203 FOREST 0 TAW WMA Ail 32103 CT S% O'@ 32303 TRIM CANE WM - 0.00 0.00 0.00, 0.00 0.00. "0 32603 GAME DISTRIC- 0.00 0.00. 0.,00 0.00 0* 0. 32803 UPPER SARDIS 5.00 00 32903 CALHOUN COUN 084 645 33003 0 800:, S.. MAL14AI SON WM 0:008 00 100: 33103 GRENADA WATE 5.00 33203 SARDIS WATER 5.00 0.00 0.00 0 5.00 100.00 33603 GAME DISTRIC 15.00 0.00 0.00 0:008 15.00 100.00 3 00 0 0: 3390 UEEFE WMA 0. 0 00 0. 34003 SON-TUL 34103 EROY PERCY 8_ -1 34283 HIPLAND WMA 343 3 PONEVILLE W 0.00 0 34403 SUNFLOWER WM 0: 5:00 3.00 2:70 7:70- 0:00 00 00 .00 00 I 00 00 I 00  For.- Division Chief RUN DATE: 02/2 STATE Of MISSISSIPPI To: Monitor HislHer Projects PAGE: 26 REPORT ID: GFS=2 OBLIGATION REPORT BY ORG CODE 02-28-11 . ...... FOR OUgaE?FFZSCAL..YEAR,.1993.:.::.'.@ - WILDLF, FISHERS & PKS AGENCY. 484 DEPT OF ORG CODE: 1030 GAME DIVISION QBJ OBJECT CLASS PROJI BUDGETED - MTD* :.::YTD YTD: CLS NAME CODE PROJECT:NAME AMOUNT EXPEWITURES..:.:.EXPENDITURES --- ------------ ---- --------- ------------- ---------- 34503 PEARL RIVER 5.00 0.00 0.00 0.00 5.00 100-00 34883 LAKE GEORGE 11 :1: @ 40 347 3 TWIN OAKS WM 8 Z 34883 MAHANNAH WMA 351 3 GAME DISTRIC 3 1 35603 CANEY CREEK 0.00 0.00 0.00 0.00 0.00 .00 35703 BIENVILLE WM 0.00 0.00 0.00 0.00 0.0-0 5 35803 OKATIBBEE WM -00 0 BUCATUNNA, WN 8 36103 00 36203 ?HICKASAWNAY I 00 A DO 36303 ALLAHALA WM , , : .: . .:-, 0: 36603 GAME DISTRIC 0.00 0.00 0.00 0:00 0.00, 0.00 36703 COPIAH COUNT 0.00 0.00 0.00 0.00 0.00 0.00 36as 8CHITTO W 0 00 0 00 KO 9 3 OM 0 00 3 Ho 36 AN REEK 37 3 AME 0 STRIC..: . 0 2A ? i0o 38103 LEAF RIVER W . Ov 0.88 8 38203 PASCAGOULA R 0.00 0.00 5.00 0.00 S. w- 0.008 38303 RED CREEK WM 0.00 0.00 0.00 0.00 0.00 0. 38403 WARD BAYOU W 0.00 00 - 38603 LITTLE.-BILOX...:: 88 8: 38703 MARI&JRUNT.. 38803 OLD I WM O@00 0 .......... ... m 0: 1 *@ . 0 00 0.00 0.00 38903 WOLF RIVER W 0.00 0.00 0.00 SUBS.LOAN.GR TOTAL 215.120.00 10,613,72-1., ...... 87-:,052,7.1. ORM TOTAL 6.016.469JOO' 222.16M02 I-A31j884.37" 694 0 841 L,.m . . ... . ................ . ................ ... ... .. ........... .............. ........... . . .............. . .......... ... R... .. . ...... ........... ................ . .. .. ..... .... ... .. 00  For: Division Chief & Federal Aid Coord. 02gRS@93 STATE OF MISSISSIPPI ** To: Monitor Revenue vs &pense PAGE 8 RE ID: GFSAMMOS REO;NUE SUB-REVENUE BY ORGANIZATION AS OF: FEBRUARY 28, 1993 FOR UDGET FISCAL....YEAR. 1993 AGENCY! 484 DEPT WILDLF., FISHERS: . ..... .... ORGANIZATION' -1030 GAME 861SION REVENUE SU-R-REV @URCE Im. S&RJE REVENUE VTD . .. . REVENUE ........ DESCRIPTION _06DE DESCRIPTION 41 FEES & P FEiw Pi"iTS 0.0,0 0.00 41SOO FEES & PRMT 14 NUISANCE ALLIGATOR FEES. 0.00 1.1050.00 . ...... .. . . TOTAL FOR REVENUIE.SOURCE 41500 0. 00 44220 W&F GRANTS 01 DACW38-90-C-0051 ENID CRAPPIE 9.048.27 .. .......... 44220 W&F GRANTS 02 OACW38-91-H-0007 LAKE GEORGE: MOO 44220 W&F GRANTS 03 JOHN BELL O.w 214,141.34 44220 W&F GRANTS 04 OKATIBBEE 0.00 44220 W&F GRANTS 05 DIVIDE SECTION OiOO 44220 W&F GRANTS 06 TWIN IDAkS 6.00 20,545.93 44220 W&F GRANTS 07 MOUND BAYOU (PASCAGUOLA) 0.00 164.158.04. 44220 W&F GRANTS 33 FW-11,. ... ... ..0.00 . ... . ....... 44220 W&F GRANTS 35 W-10 13,214.00 78,185.00 44220 W&F GRANTS 38 W-48 11,873,00 41 -49 . .. ........ 44220 W&F GRANTS 37 V .65, 000, OO:w.: .... . 44220 W&F GRANTS 38 W-57 17.243.00 58.76@.OO TOTAL FOR REVENUE-SOURCE 44220 116 079.27 1* 7.48 9:19 0 45010 SLS SUP OTST wo OTHER 0.00 4,300.00 48030 OTH SALES W3 DWFP TIMBER SALES 49030 OTH SALES W4, DWFP PASCAGOULA LEASES so .. ... 0 46030 OTH SALES W9 DWFP OTHER 0.00 1,649.00  For: Division Chief & Federal Aid Coord. To: Monitor Revenue vs Expense 02QI@93 STATE OF MISSISSIPPI ** RE 0 ID: GFSAMM06 RE;; PAGE 9 N1UE6SUB-REVEN1UE BY ORGANIZATION AS OF: FEBRUARY 28, 1993 FOR UDGET FISCAL YEAR.1993 AGENCY: 464 DEPT F WILOLF, OISHERS..'&:PKS ORGANIZATION- 1030 - GAME SIVISION REVENUE UB-REV RR E SOURCE REVENJE VTO REVEWE REVENtiff... CODE DESCRZPTrON Di DESCRIPTION ------- -------------- ------- ------------------------------ . ............ ......... TOTAL FOR REVENUE-SOURCE 46030 0.00 246.395.07 .. ...... .. .......... . 49310 3YR CAN WARR 0. 00 49370 REF UTrL CO 0.00 262.08 49390 OTH REFUND 0.00:: 49390 OTH REFUND W1 LAW ENFORCEMENT TRAINING ACAOE 0. 00 18.872.28 49390 OTH REFUND wo DWFP OTHER 0'00 TOTAL FOR REVENUE-SWRCE 49300 TOTAL FOR ORGANIZATION 1030 416, 2..025':704: 45 .... .... ..  For: Project Manager RUN DATE: 0 3 STATE Of MISSISSIPPI ** To: Monitor Outstanding PO "s PAGE 95 'JW AGED OPEN PURCHASE R REPORT 10: GF 2 By AGENCY PRFtJJF -ORDE S /j..,19INDOR, ... k-PO.. 2 ... As D ....... ..... AGENCY: 464 DEPT OF WILDLF, FISHERS & PKS PROJECT: 31603 HAZLEWOOD ............ ..... . .. ...... . .. ... .. . ...... .... .... -A .............. ANOO UWV.-.--.. .. . ..... ... .. ... PO. TRANSACTION...::::-:,:. PO @p ... 'O.tO 30 DAYS to ed bAft 61''tb i20 DAY OVfR 126 DAYS TOTAL FISCAL YEAR 10 DATE PO AMOUNT AMOUNT. - ----- ------ -- ------------------------------- ------------- ------------- ------------- ------------- ------------- VENDOR: ALCORN CTY COOPERATIVE..,,. VOOOI15382 -------------------------- ............... a 00* 93 POLOPOOO8689:'12 09 61 219i80 ... . .... VENDOR: BAREFIELD & CO V000047288 -------------------- ------- --------------------------- ow: do: .......... :496,00, 0 93 10 PGPOI031 ............... VENDOR: BELMONT ACE HARDWARE ..... .. V000047314 ------------------------------ ----------------------- 0-00 93 POLDPOO03756" 11- 03 286.4i:;::..: 2 W0.00 VENDOR. BIGGERS ACE HARDWARE VOOOOIO084 -------------------------------- ------- ------ . . .. . ....... .. .. ...... @::: ::-.: . -, ": so. Ow LDP0005874:@'12-@00'82! 98' 0 93 PO VENDOR: BP OIL . COMPANY--%. VOOOO109.91 .......... -------------------------- ------ :::0, 001 93 POP01306OOE:::m: .12 @M*92:@: 10.00 10. .. ..... 93 PDPD130830 12 22 92 29.33 0.00 29.33 0.00 0.00 0.00 22.33 93 POP0130630C 12 22 92 84.00 0.00 84.00 0.00 0.00 0.00 .0.00 0.09 VENDOR TOTAL: 123,33 10.00 0. 00:. . ...... ..... ........... . ...... . . . . .: .:.:r..: ..:: . ... ... .......... . . ::i x:z, VENDOR, B= SULLIVAN RtPAIR.SHOP INC::: .;V000030068 .. ...... ------------------------------------------ 93 PCPCIO4720 10 12 92 2497.98 2497.98 0- :9..00 0 00 . . . ... ........ 0.00 . ........ ... . .. ...... ... . . . 0000 a . .... .. ... .... V 1 429 VENDOR, CUSTOM PRODUCTS CORP:--- ------------------------------------------------------ 93 PCPCIIOGIQ so @:J.1_12 .92 . .... ...... 573.50. V000037002 VENDOR: DEVILLE CAMERA & VIDEO .... ...... . ... .. .. ------------------------------------------------------ 93 PCPC10456O.m 00. .0 ..... ...... ...... . .. .. ... ...... . . ....... ......  For. Project Manager RUN DATE: 01/01 3 STATE OF M41SSISSIPPI To: Monitor Outstanding PO's PAGE 96 REPORT ID: GFSAAl?02 AGED OPEN PURCHASE ORDERS VJNDOR,...0k..PO_. BY AGENCY PRVUEg, As. ... .......... ....... .... ............... 0 . ...... . ...... ..... .. ............... .. ......... . ......... .. .. ... . ........... ... .. .......... AGENCY: 464 DEPT OF WILDLF, FISHERS a PKS PROJECT: 31503 HAZLEWOOD OUtSTANDINQ::AJ TRANPUCTION PO CLEARt FISCAL YEAR ID DATE PO AMOUNT AMOUNT 0 TO @O DAYS 31 TO 60 '- DAYS 61 TO 120 DAY OVER.126-bAYS --TOTAt,.---- VENDOR: DEVILLE 80 MINUTE PHOTO. V000001186 ., .::: : . '' - , - ---------------------------------------- .. . ........ . . . .... .......... 93 PCPCIO2500 09 IS 02 851.43 0.00 .0 00 6.00 00 4W VENDOR: DEWAYNE'S POWER EQUIPMENT, ------------- ------ .. .. ... V000083305 ----------------------- 4: 93 PCPCIO25W 07 27 02 2100.00 2100.06::@L:::::':I:'::::@':,:::'':O'W VENDOR: DIXIE HEATING & COOLING@., VOO.0037024 .... . . ---------------- - ------- ----------- .... ... .... 0 OO:':.'::::::q: ISO.; 44 93 POLDPOO05673 12 09 92-. AW46 1: @. o VENDOR: EXXON CO USA - HOUSTON VOOOOO6326 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - *.f - - - - - - - - - - - - - - - - - - - - - j:j @'j j:ixi Do 0. 00 Oi. 93 POLDPOO14053 WOO 62 IS: VENDOR: GENERAL ELECTRIC CO-JACKSON MOOOO72888 --------------------------------------- . .. . ............ 93 POP0129640 11 03 92 786.00 O@00 !.:06DD 7664-w VENDOR: HODGE PARTS HOUSE V000014241 ----------------------------- --------------- ...... O@00:-. 49 431: 03 POLDPOO05W9 12 08 92 411. 31 VENDOR: HUGlH NICHOLS TRUCKING CO VOOQ11557 I j ----------------------------------- I----------------------- .. .... 0: bd::: 93 POLDPOO06598 i2'09.01:.1 MARINE INC- 0000 VENDOR: LAKE HILL MOTORS & __.V 85920. - --------------------------- .......... 93 POLDPOOOS"7' 12 68-01' 219. ft;.: to DO.: VENDOR: MANN GAS CO V000038045, ----------------------- ----------------------- i- ------ . ... .... . ... ... ..... 170;. 20:.::' 0 DO, 93 POLDPOO06671: i2:6i 1,16 10 ... .... .... m.:  For. Project Manager RUN DATE: 01 3 STATE OF MISSISSIPPI ** To: Monitor outstanding PO's PAGE 97 REPORT ID: GhW2 AGED OPEN PURCHASE ORDERS . . . BY AGENCY PRFJE T VENDOR_ PO .. ..... .. . .................. ...... ... .... .... ................ . ..... ........ . . ...... ..... ... ................... .. .... . ... ..... ...... ...... ......... .. .................... ... ......... .... AGENCY: 464 DEPT OF WILOLF, FISHERS & PKS PROJECT: 31603 HAZLEWOOD ................. .. .................. .. . . .... . ... .. . ... . ........ .... ......... PO . ... ...... ..... :CLEARM...... W@w "!@l TRANSACT! FISCAL YEAR ID DATE--- 00 AMOUNT AMOUNT :6 TO 36 DAYS, 31 TO 60 DAYS 61 T6120 DAY OVER 120 DAYS TOTAL ----------- ----------- -- -------- ------------- ------------- ------------- ------------- ------------- ------------- ------ ------- VENDOR: MID SOUTH UNIFORM..&...SUPP.4Y INC V00OO2O444..,,_,. ........... ---------------------- ............ POLOPOOOSS63: il@::08, 02 . .. ..... ....... 93 0. 06 VENDOR: MS TOOL SUPPLYINC V000025990, ------------------------------- ------- 93 PCPC104690 10 i12 789.40 00 .......... 93 POLDPOOOS551 12 16 92 225.00 225.00 0.00 00 .00 .00 :789 Id:::::: g@* 93 POLOP0006599 12 08 92 59.40 59.40 0.00 0:00 0.00 0.00 0.00 VENDOR TOTAL: 1073.56 .... ... . 0.00 100 0_00 0', - '0.00 . ............... . . ............ ..... . .... .. . VENDOR: SCIENTIFIC TEL ::::::Vl0OO027IO7 . . .. . ........ . .. .... ------------------------------------------------------ :135J.1 7 11 .7 6. 23J..;8: 93 5�g2104477538:@, 18.30 91 597:18. '!Fj@ I.- 10 00,@:L@:@:_: T. 93 557: 7 93 2 : : 0 10 31 91 -:239:' 239: 473 :18 30 a 93 696-9104758 239iW: 8 89 6. 0: --1, -X- 6 6 VENDOR TOTAL: 2797.20 2797:20 0.00 0.00 O.w 0@00 0:00 .... .......... ... ..... ... ....... ........ ..... VENDOR: SOUTHERLAND FABRICATION VOOOI.14089:,:: xx', .,::!:: ::. ---------- -------------------- ---------------- ...... 93 PCPC102810 10 12 01 425.06 415.00 6.66' 0.00 0.00 6.66 0.00 VENDOR- STUART C IRBY CIO JACKSOW::::::.: ------------------------------------------------------ 93 PGPG103220 11 30 92 50.14 50.14 -0.00 0.00 0.00 0.00 0.00 VENDOR: SUN AIR PRODUCTS INC:.. -...,VO0OIfI234.. ---------------------- ------- :::::X ::m:: 93 POLOPOOO6595 11 06 02 245.00 0.00 245.00 0.00 9.00 0.00 2405 93 POLDPOO06596 12 08 92 114.10 114.10 0.00 0.-00 0.00 0.00 :1 ...O.Ow .. 00 245. VENDOR TOTAL;., 359,10 ... ...... ..... .114.@10 VENDOR: SUN MANUFACTURING INC V000113281 ------------------------------------------------------ 93 POLOP0005679 12.08-92. .0 0Q.- 200,.00. 200-00 0. 00.@L":""';'.:,..,.,.,...!,., .0AW ........... . ..... . ... ...... ................ ... ...... ....... . ... .. .......... ...... . . . . .. ............... . ..... . ... . .... .. ... . ............... ... . ....... . . . ........ ........ . . .... . ..... .. . .. .................. ... ...........L.... ... ................. .................... . ................... ............... . .... ....... ..... ..... . ..... .............. ... ... ........ . ...... -:m .. ....  For: Project Manager To: Monitor Outstanding PO's RUN DATE: 01 3 STATE OF MISSISSIPPI PAGE 97 REPORT IV: GhW2 AGED OPEN PURCHASE ORDERS BY AGENCY E po ... ... ... 00 0! ......... ... .......... ::.: ..: ;::. -:, , X.: .. ..... ... . . ... ..... .. . ... ... ............. ... ........ ...... - ........ ......... .............. .. .... .... .... AGENCY: 484 DEPt'OF WILD'LF', FISHERS & OKS PROJECT: 31603 HAZLEWOOD . ...... ............... PO .. ......... @STANDI ........... TRANSACTION PO FISCAL YEAR 10 DATE PO AMOUNT AMOUNT -0 TO 30 DAYS 31 TO 60 DAYS 61 TO 120 DAY OVER 120 DAYS TOTAL ----------- ------------- -------- ------------- ------------- ------------- ------------- ------------- ---- -------- ------------- VENDOR: MID SOUTH UNIFORM & SUPPLY INC, ----------------------- .... .. .... ... .... ..... .... 93 POLIDPOOOSS63 12:08 02 8.13 O@ioo@::. VENDOR: NS TOOL SUPPLY INC V000025990.. ... .... . -------------------------------------------------------- . .......... @789.16: -',789. 93 PCPCIO4690 10 11 92 .:: 93 POLDPOO05SSI 12 16 92 225.00 225.00 0.00 00 0 00 0.00 93 POLDPOO06599 12 08 92 59.40 59.40 0.00 0:00 0:00 9.00 5*00 VENDOR TOTAL: 1073.56 0-0 OQ- ...... .. ....... -0' .......... . . ..... VENOW SCIENTIFIC TELECOM::... 'V000027107@ ------------------------------------------------------ 93 S104738.:::... 308 92 2557.70. M 7 - !70- 5 @ J ..... ........ 00 .239'50' 93 10 -02 .:: "' W 255 10 .92 104738 2�9- 47 19-3 93 3 2 93 d@dslo 10 30 92 2391; 8 n ro ;'X 59, VENDOR TOTAL: 2797.20 2197.20 0.00 0.00 0: Do 0. ..... . .... VENDOR: SOUTHERLAND FABRICATION:::::.: V000114088:: .......... .......... ..... .. .. .......... ...... -------------------------------------------------- . .. .... ....... . . 93 PCPC102810 10 12 02 425.00 425.00 0.00 .9.90 0.00 0.00 0.00 VENDOR: STUART C IRBY CO-JACl(SON NOO0015752 . ..... --------------------- --------------------------------- . ....... ....... 93 PGPG103220 11 30 92 50.14 50.14 6.06 O.w 0.00 0.00 0.00 VENDOR SUN AIR PRODUCTS INC VOOOII1234 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - . . . . . . . . . . . . . .. 93 POLDPOO06595 12 06 91 24S.00 0.00 245.00 088 0.66 8.00 245 93 POLDPOO06596 12 08 92 114.10 114.10 0.00 0: 0.00 .00 0 00 VENDOR TOTAL: 359.10 .. ............ .. . 114_10 @l!:@.::;:@::::.i:::;@,::i.::::i::;.i:::!;I@@::::@@ .7. 90. d I d F . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . a .: :!:..: :::: o . . . . . . . . . . . ... VENDOR: SUN MANUFACTURING INC V0001132611 . ... .. ------------------------------------------------------ 93 POLOP0005679 12 08,92. 2".., 00 . . .. ... 0.00 ..... .. . ........... 200.,00 .... .:;0 00 ........... ........ 200,00 E. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. X X-!: X ....... I... . . . ....... . ......... ...... .............. ........ .... b ::-X-@ XX. .......... ...  For. Project Manager RUN DATE: OIJ2W3 STATE OF MISSISSIPPI To: Monitor Outstanding PO's PAGE 98 REPORT ID: GF 2 AGED OPEN PURCHASE ORDERS By AGENCY PR?J VINDOR, & PO .... ... . .... . 0 IiTil/ 2:: .. ........ .... ........ ......... AGENCY: 464 DEPT Of WILOLF, FISHERS PKS PROJECT: 31SO3 HAZLEWOOD PO .:::::::::,.::..:;.:OUTSTANDIN(I PO .7: AMU TRANSACTION CLEARED:.:. . . . . . . . . ... 6'6@ FISCAL YEAR OATi PO AMOUNT AMOUNT 6 TO 10 DAYS 31 TO 60 DAYS 61 TO i2d DAY ... OVER 120 DAYS' TOTAL ----- ------------- ------------ - ----- ----- ------------- ------ VENOM. TEXACO VOO,00 1.2574 ...... 00* 0 ..... . ...... ... . .... 93 PDPD1304808 :1 ... 2 04 92:.-:' 93 PDPD13048OF 12 04 92 80.45 80.45 0.00 0:00 0.00 0.00 VENDOR TOTAL: 120.4S 120.4S 0.00 0.00 0.00 0.00 VENDOR: TRULOVE INC V0000115936;:: -------------------------------- --------------- 93 POLDPOOOS668 12 08 92 20.31 20.31 0.00 0.00 0.00 0.00 0.00 93 POLDPOO05751 12 15 92 148.75 148.75 0.88:.: 0.00 .... ... VENOM TOTAL: .. . ....... . ........ .. VENDOR: UNOCAL 76 V 0000159 86' ------------------------------------------------------ 93 PVP0130610C 12 17. 02 4. 00 4 0. 0 0- .............. . VENDOR: WAL MART-IUKA V000028151 93 POLOP0004266 12 08 92 58.76 ...... :0 Do:: 0. 00 VENDOR: WHELEN ENGINEERING CO INC V0000302i9 93 POLOPOOOISSSS 12-08 92 .5 1. 26. @ 0 00 @0.00" 0 00" 0.0, :::1655'.50 . .... ..... . -10191 83r PROJECT TOTAL: ;:A4WO: 57 pl . ...... .. ..... . .. .. .... . .. . . ..... . . ... .. ... ..... .. . . .. ... ... . Now= ..... .... . ............  For. Project Manager To: Monitor Tasks RUN DATE: 01/06/93 STATE OF MISSISSIPPI PAGE: 115 REPORT ID: GFSAM003 SUB-ORG REPORT BY PROJECT AS.. OF-12/31/0Z ..... .... ....... ........... ....... .. .......... . ... . ..... .::.. @. . .... . .............. . ...... ........... ... ...... . ......... ... .. ..... .. .. . ...... . .. . FISHERS: AGENCY ::::464 DEPT: OF:: WILOW: PKS:::::, PROJECT: 33203 ... .... PR NAME* JARDIJ WATERfQW@_AREA:. 8-31 ... HRRING,::.@i:.*i:i:i::.i::::!:..,::.:::@::::@@::::::@.j:@:!:::::..,... 14TO YTD SUB-ORG jV18 MTO YTD EXPENDED & EXPENDED & qiW7NAM& AD UFF1 REVEV RWNUE ENCUMBERED ENCUMB&BED VARIANCE ... .......... -A: -:00,00 TOTAL FOR GlRtbUP Cl IN-SERVICE TRAINING 00.00. 00.00 00.00 20.50 20.50 TOY" FOR:QlR(w 1;0 ........ ..... Q2 GROUPM 224.-@: ......... ft . . ....... TOTAL FOR GROUP G_ 00.00- 00.00 00-00 224.50 224.50 HC ffGN8 LM: BOUNDARY MANMRS.%:; me LEES . . .. ..... 40., NG SIPMENT: HR TODIAL FUNCTIONS 00.00 00.w 117.80 117@80 117.80 Hl FACILITIES 00.00 00.00 60.18 141.07 141.07 H2 GROUNDS 00.00 ...... 20.94 7 A TOTAL: FOR' GROUP :16 Ll FOOD PLOTS (HERBACEOUSY 00.00 00.00 106.08 6,40 .1 21 6,401.21 L4 VEGETATION CONTROL (NON-CHEMIC 00.00 00.00 100.00 100.00 100.00 TOTAL FOR QftUP::L..--...`.'.'*,..'e. ... 00 00.':.: 00 N2 WILDLIFE MARXINQS:_d-.-..,,_.d..., 000100 32!.* -,::@::,32: 95 TOTAL FOR GROUP N 00.00 00.00 32.95 32.95 32.95 sm T4 WILDLIFE /..FISHERIES..: NVENTORY::: 100 IW:.: up:.rl@".''@.@....,.,...@..."@... .207._ TO 00 00:@, :;: :.. :::::::: , TACPOR'61RO ..... . TOTAL FORPROO @.33203 .... ........... .. .. ..... ....... ........... 0, 0 .. - ..., . .::-:45. ............. .... ...... .. .... .... .......... ........ . .......... .. ......... ........... .. .. ... ....... .. ..... ..... ... ...... ............ ... . .. .................. ............. ... .... ......... . .............. ............ g Xwe S: propo OnSL t Ing e,: n" .. .... Are we doing: th s in- ihe:@ Miala, . . . .. .. L ... . . .  For: Project Manager RUN DATE: 01 STATE OF MISSISSIPPI To: Monitor Program Effort PAGE: 115 REPORT ID: GMAX7 ACTIVITY REPORT BY PROJECT ...... .. .......... ..... T FISHERV:*@:P ............. AGENCY:: 464 @i:--:.IDEP -OF WILDLF@:.: LOWER .::WMA:, ...... -PROJECT ......... PROJECT MGR: LILLY ............. T ... ...... . ...... MT RE ENCUMB ..... .. ACTIVITY TUR AR CODE ERED I E.::: -------- -------------- ------------- ------------- -------------- ------------- W WHITE-TAILED DEER, ..... ..... 4. 5.@: 1141:47 0&' 7, 2 7 -TURKEY W :ALL DUCKS AND GEESE 9 Wng 0 ;00 .... . .. . . @: 1 7 9 ALL GAME SPECIES. 0.80.11. 9 F7 Is W858 ALLIGATOR 0: .00 0.00 18.4S 18.4S W997 ALL GAME FISH.BIOTIC. & EDUC 0. 0.00 164.00 64* W999 ALL PROGAAAs, 0.00 ........................... ...... 0.1.00 .... .......... ........................ ......... 0. .. ........ ..... 17 TOTAL: CT 4iga ,i,@iii PROJE 77 .... ...... .. .... ........ .................. .............. ................ x: X. . .... ...... .... .. ... . ..... ... ... . ... ... .... .. ..... . . ..... ....... .. .. .. . ....... ...... .:sx ............. 17.wq: ....... ................ ......... .. ........ . ... ...... I ... ... .... ....... ...... ...I ...... ...... ...... ........... ..... ....... ..... . . . ... ........ ... . ... :qx. .. . . . ...... .................... ....... .... ... .......... ...... .............. ivek.aret-ve: Mat agency4ide: fp ing ..... .. .... . .... . ........ . .... .... ........ ....... ........ .. ... . ......... .... .....  SIX ATER. @111 I 11MI$E I @V 35255 00932 A 111T 3 6668 14107 1847 

usgpo

2024-06-24T00:12:47.822144

BILLS-118hres1290ih

Recognizing June 12, 2024, as this year’s observance of Philippines Independence Day to honor the 126th anniversary of the independence of the Philippines.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1290 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1290 Recognizing June 12, 2024, as this year's observance of ``Philippines Independence Day'' to honor the 126th anniversary of the independence of the Philippines. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Mr. Moylan (for himself, Mr. Scott of Virginia, Mr. Bacon, Mr. Case, Mr. Vargas, Mr. Sablan, and Mr. Issa) submitted the following resolution; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ RESOLUTION Recognizing June 12, 2024, as this year's observance of ``Philippines Independence Day'' to honor the 126th anniversary of the independence of the Philippines. Whereas Congress commends the people of the Philippines for enduring through struggle and hardship; Whereas Congress supports increased public awareness of the events surrounding the Philippine Declaration of Independence, and the vibrant and beautiful culture of the Philippines; and Whereas Congress supports the continuing development of the Filipino American community as an integral part of America's cultural fabric: Now, therefore, be it Resolved, That the House of Representatives-- (1) recognizes the historic significance of the 126th anniversary of the sovereign and independent country of the Philippines on June 12, 1898; (2) reaffirms the bonds of friendship and cooperation which have existed between the United States and the Philippines and commits to strengthening those bonds; (3) reaffirms its support for the Philippines to defend its internal security from terrorism; (4) reaffirms its enduring support for the Philippines; (5) recognizes the courage and bravery of the Filipino and Filipino American servicemen and servicewomen who have fought alongside and in the United States Armed Forces; and (6) supports the recognition of ``Philippines Independence Day''. <all>

usgpo

2024-06-24T00:12:48.022287

BILLS-118hres1289ih

Recognizing the contributions of academic medicine and observing Academic Medicine Week from June 10 through 14, 2024.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1289 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1289 Recognizing the contributions of academic medicine and observing Academic Medicine Week from June 10 through 14, 2024. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Ms. Castor of Florida (for herself and Mr. Fitzpatrick) submitted the following resolution; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ RESOLUTION Recognizing the contributions of academic medicine and observing Academic Medicine Week from June 10 through 14, 2024. Whereas the week of June 10 through 14, 2024, is designated Academic Medicine Week to honor the contributions of academic medicine to medical research, clinical care, medical education, and community health nationwide; Whereas academic medicine, the Nation's academic health systems and teaching hospitals, medical schools, resident physicians, faculty physicians, students, and researchers, serves a vital and unique role in the United States health care system; Whereas these providers and institutions, including the Association of American Medical Colleges (``AAMC'') network of approximately 400 academic health systems and teaching hospitals and 158 medical schools, focus on four missions-- (1) educating and training the Nation's health care workforce; (2) conducting groundbreaking medical research; (3) delivering cutting-edge patient care, including care for the sickest and most complex patients; and (4) collaborating with communities to improve the health of communities everywhere; Whereas the AAMC leads and serves the United States medical schools, academic health systems and teaching hospitals, and the millions of individuals across academic medicine, including more than 193,000 full-time faculty members, 96,000 medical students, 153,000 resident physicians, and 60,000 graduate students and postdoctoral researchers in the biomedical sciences; Whereas AAMC-member institutions drive medical research and innovation, and the unique partnership between the National Institutes of Health (``NIH'') and the Nation's medical schools and teaching hospitals, forged just after World War II, deepens the understanding of the mechanisms of human health and disease, leading to advancements in treatments, therapies, and medical technologies that bring hope to patients and families; Whereas, approximately 60 percent of all NIH extramural research is conducted by AAMC-member institutions; Whereas the AAMC continues to project that physician demand will grow faster than supply (primarily driven by a growing, aging United States population) leading to a projected total physician shortage of up to 86,000 physicians by 2036, action is needed now to address the physician shortage and additionally, AAMC-member teaching health systems and hospitals train over 70 percent of medical residents; Whereas the AAMC believes that diversity in medical education and training is an important component to helping ensure that all physicians are prepared to serve the Nation regardless of their race, ethnicity, socioeconomic status, or where they live; Whereas progress has been made in growing the number of medical schools and thus, the number of medical graduates since the academic year 2002-2003, total medical school enrollment has grown by more than 38 percent as medical schools have expanded class sizes and more than 32 new medical schools have opened, more remains to be done to increase the reach of medical education, especially in rural and underserved areas; Whereas a key element of addressing the physician shortage and diversifying the workforce is increasing Medicare support for graduate medical education, which will help boost access to high-quality care, particularly for rural and other underserved populations; Whereas continued support is needed for the Health Resources and Services Administration title VII health professions and title VIII nursing programs, which play an important role in connecting students to health careers by enhancing recruitment, education, training, and mentorship opportunities; Whereas the perspectives of learners have been represented and augmented through the AAMC on important issues including the K-12 pathway to careers in medicine, STEM education, student loans, and faculty mentorship, and bipartisan approaches to strengthening medical education continues; Whereas AAMC-member institutions equip medical students with the knowledge, skills, behaviors, and attitudes that promote diversity, equity, and inclusion to positively impact patients, students, health care organizations, and society generally by improving the clinical learning environment, health care quality, health outcomes, and patient satisfaction; Whereas medical schools and academic health systems teaching and hospitals collaborate and share expertise, resources, and responsibility within their communities for achieving shared goals; Whereas through interactions built on trust, mutual respect, cultural humility, and mutual benefit, medical schools and teaching hospitals work with communities on activities that include community-based service learning, community-engaged research, and community-driven health services delivery; Whereas AAMC-member institutions and the Department of Veterans Affairs (``VA'') have forged and maintained a 78-year partnership, built on the shared missions of education, health care, and medical research, which has improved the lives of veterans and improved health equity for veterans by ensuring ensured they have access to advanced health care; Whereas through this historic collaboration, the VA has become the largest single provider of medical training in the country, with approximately 70 percent of all physicians in the United States completing at least part of their training in VA facilities; Whereas medical schools and academic health systems and teaching hospitals contributed more than $728 billion in gross domestic product (``GDP''), 3.2 percent of the United States GDP, in 2019, an economic impact comparable in size to other important sectors such as transportation, warehousing, and accommodation and food services; Whereas AAMC-member institutions generate approximately $2,218 in economic impact per person and supported more than 7.1 million jobs in the United States across multiple industries, which was approximately 4.4 percent of the 2019 labor force nationwide, and paid an average of more than $68,000 in wages, salaries, and benefits per job; Whereas academic medicine's four mission areas are so deeply interconnected that inadequate financing or reductions in support for one mission area limit the effectiveness of the others; Whereas cutting funding to academic medicine inhibits support for the education, research, and community collaboration missions; and Whereas cutting funding for medical research leads to fewer lifesaving advancements, which results in poorer patient health outcomes and by maintaining predictable and reliable investments in medical research, physician training, and patient care, it improves the health of the Nation: Now, therefore, be it Resolved, That the House of Representatives-- (1) supports the designation of ``Academic Medicine Week''; (2) affirms the unique and critical impact of academic medicine on patients and communities nationwide; (3) recognizes the importance of ensuring strong Federal support for programs that support academic medicine's leadership in medical research, cutting-edge patient care, innovative medical education, and critical community collaborations; and (4) encourages the people of the United States to recognize the critical role of the Nation's medical schools and academic health systems and teaching hospitals in improving the health of all. <all>

usgpo

2024-06-24T00:12:48.270589

BILLS-118hres1288ih

Condemning certain members of the intelligence community.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1288 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1288 Condemning certain members of the intelligence community. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Mr. Burchett submitted the following resolution; which was referred to the Committee on House Administration _______________________________________________________________________ RESOLUTION Condemning certain members of the intelligence community. Whereas, on October 14, 2020, a news outlet published a story revealing that Hunter Biden's laptop contained emails suggesting Hunter Biden provided Ukrainian energy officials access to meet then-Vice President Joseph R. Biden; Whereas, on October 19, 2020, fifty-one individuals who served in senior positions in the intelligence community and other administrative positions, including James Clapper, John Brennan, Mike Hayden, Leon Panetta, Thomas Finger, Rick Ledgett, John McLaughlin, Michael Morell, Mike Vickers, Doug Wise, Nick Rasmussen, Russ Travers, Andy Liepman, John Moseman, Larry Pfeiffer, Jeremy Bash, Rodney Snyder, Glenn Gerstell, David B. Buckley, Nada Bakos, Patty Brandmaier, James B. Bruce, David Cariens, Paul Kolbe, Peter Corsell, Brett Davis, Roger Zane George, Steven L. Hall, Kent Harrington, Don Hepburn, Timothy D. Kilbourn, Ron Marks, Jonna Hiestand Mendez, Emile Nakhleh, Gerald A. O'Shea, David Priess, Pam Purcilly, Marc Polymeropoulos, Chris Savos, Nick Shapiro, John Sipher, Stephen Slick, Cynthia Strand, Greg Tarbell, David Terry, Greg Treverton, John Tullius, David A. Vanell, Winston Wiley, Janice Cariens, and Kristin Wood, released a public letter regarding Hunter Biden's laptop and the emails therein; Whereas the letter stated, ``emails purportedly belonging to Vice President Biden's son Hunter, much of it related to his time serving on the board of the Ukrainian gas company Burisma, has all the classic earmarks of a Russian information operation''; Whereas the Committee on Oversight and Accountability of the House of Representatives confirmed that Hunter Biden exchanged emails with Devon Archer regarding a trip to Ukraine by then-Vice President Biden, in which Hunter Biden stated, ``the announcement of my guy's upcoming travels should be characterized as part of our advice and thinking''; and Whereas the United States Department of Justice has since recognized the laptop's authenticity in United States of America v. Robert Hunter Biden, and United States prosecutors have introduced it as evidence in a criminal trial: Now, therefore, be it Resolved, That the House of Representatives-- (1) recognizes-- (A) the authenticity of Hunter Biden's laptop; (B) that the former officials listed above released the public letter within one month of a Presidential election; (C) that the statements in the public letter were meant to discredit the laptop story; and (D) that the former officials listed above abused their previous credentials to make misleading and unfounded claims to the American public; and (2) condemns the former officials listed above for interfering in the 2020 Presidential election. <all>

usgpo

2024-06-24T00:12:48.401726

BILLS-118hres1286ih

Supporting the role of the United States in helping save the lives of children and protecting the health of people in low-income countries with vaccines and immunization through Gavi, the Vaccine Alliance (Gavi).

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1286 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1286 Supporting the role of the United States in helping save the lives of children and protecting the health of people in low-income countries with vaccines and immunization through Gavi, the Vaccine Alliance (``Gavi''). _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Mr. Kean of New Jersey (for himself, Mr. Amo, Ms. Salazar, and Ms. Jacobs) submitted the following resolution; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ RESOLUTION Supporting the role of the United States in helping save the lives of children and protecting the health of people in low-income countries with vaccines and immunization through Gavi, the Vaccine Alliance (``Gavi''). Whereas, prior to 2000, the distribution of and the resources for vaccines for children in the developing world were declining, immunization rates were stagnant or decreasing, and nearly 10,000,000 children died each year before reaching their 5th birthday; Whereas, prior to 2000, it was common for new lifesaving vaccines to take up to 15 years to be introduced in the world's most impoverished countries; Whereas access to routine immunization and vaccines protects children from deadly but preventable diseases and contributes to national economic growth and poverty reduction by ensuring people live longer, healthier, and more productive lives; Whereas, in 2000, the United States, the United Nations Children's Fund (UNICEF), the World Health Organization (WHO), the World Bank, government donors, lower-income country governments, foundations (including the Bill & Melinda Gates Foundation), the private sector (including the vaccine industry), faith-based organizations, civil society, and other partners joined forces to create a public-private partnership now known as Gavi, the Vaccine Alliance, in order to expand access to new and underused vaccines and support the introduction and scaleup of these vaccines into routine immunization systems in the world's most impoverished countries; Whereas, from 2000 through 2022, with support from the United States, and other donors and partners, Gavi has supported country-led vaccine initiatives in 78 countries to support the immunization of more than 1,000,000,000 additional children and averted an estimated 17,300,000 deaths in the world's most impoverished countries; Whereas Gavi has been a major contributor in reducing the number of childhood deaths in lower-income countries due to vaccine-preventable disease by 70 percent since 2000; Whereas country ownership and sustainability are at the core of the Gavi model, which requires Gavi-eligible countries to contribute to a portion of vaccine costs and directly invest in immunizing children, and Gavi- supported countries contributed more than $1,500,000,000 to immunization campaigns between 2008 and 2022; Whereas 78 low-income countries currently provide co-financing for new and underused vaccines supported by Gavi, more than 19 countries have transitioned from Gavi support by the end of 2022, and an additional 10 countries may transition by 2040, moving toward fully funding their immunization programs; Whereas Gavi has transformed the market for vaccines by matching pooled demand from low-income countries with secure, predictable financing to make vaccines more affordable and supply more reliable, reducing the price of the most common vaccines by 24 percent from 2015 to 2020 and increasing the number of global vaccine manufacturers selling pre-qualified Gavi- supported vaccines to the world's most impoverished countries from 5 in 2001 to 18 in 2018; Whereas Gavi estimates that its market shaping efforts will result in savings of over $900,000,000 from 2021 to 2025 and may encourage research and development of new vaccines; Whereas Gavi is poised to provide the most comprehensive package of support in the 2021 to 2025 period by financing and delivering 18 vaccines to the world's most impoverished countries; Whereas Gavi, the African Union, and the Africa Centers for Disease Control (Africa CDC) have jointly established the African Vaccine Manufacturing Accelerator (AVMA) to provide innovative financing to expand sustainably vaccine manufacturing capacity in Africa and improve the region's resilience in the face of pandemics, outbreaks, and other health emergencies, while preserving the health of vaccine markets globally; Whereas Gavi is collaborating with the Global Polio Eradication Initiative on the final push to end polio, and expanding the integration of the inactivated polio vaccine into routine immunization programs; Whereas Gavi has made significant progress in supporting the development and stockpiling of effective vaccines to combat cholera, measles, meningococcal, yellow fever, and Ebola, which could also protect Americans in the event of an outbreak on United States soil; Whereas malaria is one of most long-standing and deadliest diseases in Africa, and in 2022, malaria killed an estimated 580,000 children in Africa, 78 percent of whom were children under five; Whereas Gavi has begun deliveries of new malaria vaccines and will expand the program to dozens of countries as vaccine supply becomes available; Whereas Gavi recently allocated 18,000,000 doses of the malaria vaccine RTS,S in 2023 and 2024, the World Health Organization estimates that at least 40,000,000 to 60,000,000 doses will be needed annually by 2026 and 80,000,000 to 100,000,000 doses will be needed by 2030; Whereas Gavi is supporting expanded procurement, access, and implementation of new malaria vaccine programs to help meet rising demand; Whereas data from malaria vaccine trials indicate that these vaccines can save one life for every 200 children vaccinated, with the potential for significantly impacting public health and saving tens of thousands of lives annually; Whereas Gavi supports the strengthening of health systems to ensure effective immunization and health services, including through the provision of cold chain equipment that can also be effectively repurposed for emergency response, as was demonstrated during the COVID-19 pandemic; Whereas, through COVAX, Gavi and global partners delivered nearly 2,000,000,000 doses of COVID-19 vaccines to 146 economies, and averted an estimated 2,700,000 deaths in Advance Market Commitment lower-income participating economies; Whereas Gavi is providing additional vaccine support to address health service interruptions that occurred during the COVID-19 pandemic and contributed to the largest backslide in routine childhood immunization in 30 years, and is also focusing on the 14,000,000 ``zero-dose'' children in Gavi- supported countries who had not received a single vaccine; Whereas vaccines programs are widely regarded as high-impact, evidence-based interventions and are among the most efficient, cost-effective, and successful health initiatives in history, returning over $50 in health and economic savings for every $1 invested in Gavi-supported countries; Whereas the prevention of infectious disease through immunization in Gavi- eligible countries provides protection and health security in the United States by reducing the prevalence of infectious diseases and stemming outbreaks at their source; Whereas United States investment in Gavi complements and enhances the effectiveness of other United States investments in global health, particularly in maternal and child health and nutrition; Whereas Gavi is committed to working with partners, including United States bilateral programs administrated by the United States Agency for International Development (``USAID'') and the Centers for Disease Control and Prevention (``CDC''), to ensure children in developing nations have access to lifesaving vaccines and immunizations; Whereas Gavi's next strategic cycle will cover the strategic period of 2026 to 2030, which will include the expansion of Gavi's malaria program; Whereas the launches of the Gavi's Investment Opportunity for 2026 through 2030 and AVMA will be held in June 2024 and co-hosted by the Government of France, African Union, and Africa CDC to obtain funding commitments; Whereas the United States has consistently supported the goal of saving lives by contributing annually to Gavi to meet its projected replenishment and program goals; Whereas with this support and support from other donors, Gavi will have contributed $220,500,000,000 in economic benefits in Gavi countries as of 2022, with each $1 invested yielding $54 return on investment; and Whereas an increased commitment from the United States remains necessary to ensure predictability and stability to the vaccine market, to enable strong global health security efforts, spur confidence in Gavi-eligible countries, and encourage continued innovative vaccine-related approaches: Now, therefore, be it Resolved, That the House of Representatives-- (1) affirms the continued support of the United States Government for the purchase of vaccines for low-income countries through Gavi as a cost-effective, efficient means to reduce mortality and as a critical component of meeting the United States goal to end preventable child and maternal deaths; (2) supports the principles and goals of Gavi to-- (A) introduce and scale up new and routine immunizations in low-income countries; (B) improve sustainability of immunization programs; (C) ensure healthy markets for vaccines and related products; and (D) strengthen health systems to increase equity in immunization; (3) recognizes that United States Government support for Gavi is a critical component to ensuring health security in the United States; (4) encourages the continued use of USAID maternal and child health and CDC global immunization resources to strengthen local public health capacity to introduce and sustain new and underutilized vaccines supported by Gavi through routine immunization systems; (5) recognizes the need for multiyear pledges from the United States to allow Gavi to maximize its impact to provide lifesaving vaccines and to leverage contributions from other countries and donors; and (6) encourages continued increased commitment and investment by the United States Government to Gavi in the 2026 to 2030 strategic period in order to ensure that lives are protected and saved through access to vaccines and immunizations. <all>

usgpo

2024-06-24T00:12:48.780510

BILLS-118hconres112ih

Congressional Bipartisan Seating Resolution

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Con. Res. 112 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. CON. RES. 112 Requiring Members of Congress and Senators to be seated next to Members or Senators of opposing parties during meetings or hearings of committees of Congress. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Ms. Porter submitted the following concurrent resolution; which was referred to the Committee on Rules _______________________________________________________________________ CONCURRENT RESOLUTION Requiring Members of Congress and Senators to be seated next to Members or Senators of opposing parties during meetings or hearings of committees of Congress. Resolved by the House of Representatives (the Senate concurring), SECTION 1. SHORT TITLE. This resolution may be cited as the ``Congressional Bipartisan Seating Resolution''. SEC. 2. REQUIRING MEMBERS ATTENDING HOUSE COMMITTEE MEETINGS AND HEARINGS TO BE SEATED NEXT TO MEMBERS OF OPPOSING PARTIES. (a) Requirement.--To the greatest extent practicable, a Member of the House of Representatives who is a member of a committee of the House of Representatives shall be seated next to a Member of the opposing party when the Member attends a meeting or hearing of the committee. (b) Regulations.--The Committee on Rules of the House of Representatives shall promulgate such regulations as may be necessary to carry out this section. SEC. 3. REQUIRING SENATORS ATTENDING SENATE COMMITTEE MEETINGS AND HEARINGS TO BE SEATED NEXT TO SENATORS OF OPPOSING PARTIES. (a) Requirement.--To the greatest extent practicable, a Senator who is a member of a committee of the Senate shall be seated next to a Senator of the opposing party when the Senator attends a meeting or hearing of the committee. (b) Regulations.--The Committee on Rules and Administration of the Senate shall promulgate such regulations as may be necessary to carry out this section. SEC. 4. REQUIRING MEMBERS AND SENATORS ATTENDING JOINT COMMITTEE HEARINGS TO BE SEATED NEXT TO MEMBERS OR SENATORS OF OPPOSING PARTIES. (a) Requirement.--To the greatest extent practicable, a Member of the House of Representatives who is a member of a joint committee of the Congress shall be seated next to a Member of the opposing party when the Member attends a meeting or hearing of the committee, and Senator who is a member of a joint committee of the Congress shall be seated next to a Senator of the opposing party when the Senator attends a meeting or hearing of the committee. (b) Regulations.--The Committee on Rules of the House of Representatives and the Committee on Rules and Administration of the Senate shall promulgate jointly such regulations as may be necessary to carry out this section. <all>

usgpo

2024-06-24T00:12:48.999918

BILLS-118hconres111ih

Majority Rule Resolution

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Con. Res. 111 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. CON. RES. 111 Providing for certain procedures for bringing debate to a close on any question in the House of Representatives and Senate, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Ms. Porter submitted the following concurrent resolution; which was referred to the Committee on Rules _______________________________________________________________________ CONCURRENT RESOLUTION Providing for certain procedures for bringing debate to a close on any question in the House of Representatives and Senate, and for other purposes. Resolved by the House of Representatives (the Senate concurring), SECTION 1. SHORT TITLE. This resolution may be cited as the ``Majority Rule Resolution''. SEC. 2. PROCEDURES FOR CONSIDERATION OF BILLS AND RESOLUTIONS. (a) In General.--Notwithstanding any provision of the Rules of the House of Representatives or the Standing Rules of the Senate, the House of Representatives and the Senate may not require that more than a majority of the Members of either House of Congress voting, a quorum being present, is required to bring debate to a close on any question in such House. (b) Rules of House of Representatives and Senate.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of the bill or joint resolution involved, and supersede other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. <all>

usgpo

2024-06-24T00:12:49.170953

BILLS-118hres1287rh

Providing for consideration of the bill (H.R. 8070) to authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year; relating to the consideration of House Report 118–527 and an accompanying resolution; and for other purposes.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1287 Reported in House (RH)] <DOC> House Calendar No. 82 118th CONGRESS 2d Session H. RES. 1287 [Report No. 118-551] Providing for consideration of the bill (H.R. 8070) to authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year; relating to the consideration of House Report 118-527 and an accompanying resolution; and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Mr. Austin Scott of Georgia, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 8070) to authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year; relating to the consideration of House Report 118-527 and an accompanying resolution; and for other purposes. Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 8070) to authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and amendments specified in this section and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Armed Services now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118-36, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five- minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. Sec. 2. (a) No further amendment to H.R. 8070, as amended, shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution and amendments en bloc described in section 3 of this resolution. (b) Each further amendment printed in part B of the report of the Committee on Rules shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. (c) All points of order against further amendments printed in part B of the report of the Committee on Rules or against amendments en bloc described in section 3 of this resolution are waived. Sec. 3. It shall be in order at any time for the chair of the Committee on Armed Services or his designee to offer amendments en bloc consisting of further amendments printed in part B of the report of the Committee on Rules accompanying this resolution not earlier disposed of. Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 40 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services or their respective designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. Sec. 4. At the conclusion of consideration of H.R. 8070 for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except one motion to recommit. Sec. 5. If House Report 118-527 is called up by direction of the Committee on the Judiciary: (a) all points of order against the report are waived and the report shall be considered as read; and (b)(1) an accompanying resolution offered by direction of the Committee on the Judiciary shall be considered as read and shall not be subject to a point of order; and (2) the previous question shall be considered as ordered on such resolution to adoption without intervening motion or demand for division of the question except one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees. Sec. 6. Upon adoption of the resolution accompanying House Report 118-527, the resolution accompanying House Report 118-533 is hereby adopted. House Calendar No. 82 118th CONGRESS 2d Session H. RES. 1287 [Report No. 118-551] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 8070) to authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year; relating to the consideration of House Report 118-527 and an accompanying resolution; and for other purposes. _______________________________________________________________________ June 11, 2024 Referred to the House Calendar and ordered to be printed

usgpo

2024-06-24T00:12:49.545628

BILLS-118hconres110ih

Legislative Proxy and Absence Accommodation Resolution

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Con. Res. 110 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. CON. RES. 110 Establishing grounds under which Members of Congress may vote by proxy and remotely attend committee proceedings in the event of illness, a death in the family, jury service, military service, and other emergency situations, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Ms. Porter submitted the following concurrent resolution; which was referred to the Committee on Rules _______________________________________________________________________ CONCURRENT RESOLUTION Establishing grounds under which Members of Congress may vote by proxy and remotely attend committee proceedings in the event of illness, a death in the family, jury service, military service, and other emergency situations, and for other purposes. Resolved by the House of Representatives (the Senate concurring), SECTION 1. SHORT TITLE. This resolution may be cited as the ``Legislative Proxy and Absence Accommodation Resolution''. SEC. 2. PERMITTING PROXY VOTING AND REMOTE ATTENDANCE AT COMMITTEE PROCEEDINGS FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES IN CERTAIN CASES. (a) Proxy Voting.--Rule III of the Rules of the House of Representatives is amended-- (1) in clause 2(a), by striking ``A Member may not'' and inserting ``Except as provided in clause 4, a Member may not''; (2) in clause 2(b), by striking ``No other person may'' and inserting ``Except as provided in clause 4, no other person may''; and (3) by adding at the end the following new clause: ``Proxy voting ``4.(a) If any of the grounds described in paragraph (b) applies to a Member, such Member may designate another Member as a proxy who may cast the vote of such Member or record the presence of such Member in the House if such Member submits to the Clerk a signed letter (which may be in electronic form)-- ``(1) certifying that one of those grounds applies to such Member; and ``(2) specifying by name the other Member who is designated as a proxy for such Member. ``(b) The grounds described in this paragraph with respect to a Member are as follows: ``(1) Any of the grounds under which an eligible employee is entitled to leave under subparagraphs (A) through (E) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), but only if the Member includes with the signed letter required under this paragraph such documentation as the Clerk may require. ``(2) An illness of the Member which would not be treated as a serious health condition under section 102(a)(1)(D) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(D)) if the Member were an eligible employee under such Act, except that the number of days during which a Member may designate a proxy under this clause on the basis of this subparagraph in a calendar year may not exceed 7. ``(3) The summoning of the Member, in connection with a judicial proceeding, by a court or authority responsible for the conduct of that proceeding, to serve as a juror, but only if the Member includes with the signed letter required under this paragraph such documentation of the summoning as the Clerk may require. ``(4) The death of a family member, except that the number of consecutive days during which a Member may designate a proxy under this clause on the basis of this subparagraph with respect to a family member may not exceed 4. For purposes of this subparagraph, the term `family member' means a spouse (including a domestic partner) and a spouse's parent; a child and a child's spouse; a parent and a parent's spouse; a sibling and a sibling's spouse; a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and any other individual who is related by blood or affinity and whose association with the individual is the equivalent of a family relationship under regulations issued by the Committee on House Administration. ``(5) The Member is absent by reason of service in the uniformed services, as defined in section 4303(13) of title 38, United States Code, except that the number of days during which a Member may designate a proxy under this clause on the basis of this subparagraph in a calendar year may not exceed 15 in the case of service consisting of active duty, active duty for training, and inactive duty training and may not exceed 22 days in the case of service consisting of State active duty in response to a national emergency or a major disaster referred to in such section. A Member may designate a proxy under this clause on the basis of this subparagraph only if the Member includes with the signed letter required under this paragraph such documentation of the service as the Clerk may require. ``(6) The Member is prevented from safely traveling to or performing work at the location of the committee proceeding due to-- ``(A) an act of God; ``(B) a terrorist attack; or ``(C) another condition that prevents the Member from safely traveling to or performing work at the location of the proceeding. ``(c) The Clerk shall maintain an updated list of the following information, and shall make such list publicly available in electronic form: ``(1) The designations submitted or in effect under paragraph (a). ``(2) With respect to each Member who designated a proxy under paragraph (a)-- ``(A) the number of days for which the Member designated a proxy; and ``(B) the grounds under paragraph (b) on which the Member designated the proxy. ``(d) Any Member whose vote is cast or whose presence is recorded by a designated proxy under this clause shall be counted for the purpose of establishing a quorum under the rules of the House.''. (b) Remote Attendance at Committee Proceedings.--Rule XI of the Rules of the House of Representatives is amended by adding at the end the following new clause: ``Remote attendance at committee proceedings in certain cases ``7.(a) Notwithstanding any other provision of this rule, if any of the grounds described in paragraph (b) applies to a Member and such Member has submitted to the Clerk a signed letter (which may be in electronic form) certifying that one of those grounds applies to such Member-- ``(1) such Member may participate remotely during in-person committee proceedings, including by casting a vote or recording such Member's presence remotely; ``(2) such remote participation shall not be considered an absence for purposes of clause 5(c) of rule X or clause 2(d) of rule XI; and ``(3) such Member shall be counted for the purpose of establishing a quorum under the rules of the House and the committee. ``(b) The grounds described in this paragraph with respect to a Member are as follows: ``(1) Any of the grounds under which an eligible employee is entitled to leave under subparagraphs (A) through (E) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), but only if the Member includes with the signed letter required under this paragraph such documentation as the Clerk may require. ``(2) An illness of the Member which would not be treated as a serious health condition under section 102(a)(1)(D) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(D)) if the Member were an eligible employee under such Act, except that the number of days during which a Member may participate remotely under this clause on the basis of this subparagraph in a calendar year may not exceed 7. ``(3) The summoning of the Member, in connection with a judicial proceeding, by a court or authority responsible for the conduct of that proceeding, to serve as a juror, but only if the Member includes with the signed letter required under this paragraph such documentation of the summoning as the Clerk may require. ``(4) The death of a family member, except that the number of consecutive days during which a Member may participate remotely under this clause on the basis of this subparagraph with respect to a family member may not exceed 4. For purposes of this subparagraph, the term `family member' means a spouse (including a domestic partner) and a spouse's parent; a child and a child's spouse; a parent and a parent's spouse; a sibling and a sibling's spouse; a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and any other individual who is related by blood or affinity and whose association with the individual is the equivalent of a family relationship under regulations issued by the Committee on House Administration. ``(5) The Member is absent by reason of service in the uniformed services, as defined in section 4303(13) of title 38, United States Code, except that the number of days during which a Member may participate remotely under this clause on the basis of this subparagraph in a calendar year may not exceed 15 in the case of service consisting of active duty, active duty for training, and inactive duty training and may not exceed 22 days in the case of service consisting of State active duty in response to a national emergency or a major disaster referred to in such section. A Member may participate remotely under this clause on the basis of this subparagraph only if the Member includes with the signed letter required under this paragraph such documentation of the service as the Clerk may require. ``(6) The Member is prevented from safely traveling to or performing work at the location of the committee proceeding due to-- ``(A) an act of God; ``(B) a terrorist attack; or ``(C) another condition that prevents the Member from safely traveling to or performing work at the location of the proceeding. ``(c) The Clerk shall maintain an updated list of the following information, and shall make such list publicly available in electronic form: ``(1) The Members who are eligible to participate remotely under this clause. ``(2) With respect to each such Member-- ``(A) the number of days for which the Member participated remotely; and ``(B) the grounds under paragraph (b) on which the Member participated remotely.''. SEC. 3. PERMITTING PROXY VOTING AND REMOTE ATTENDANCE AT COMMITTEE PROCEEDINGS FOR SENATORS IN CERTAIN CASES. (a) Proxy Voting.-- (1) Authorizing designation of proxies.--Notwithstanding any other provision of any of the Standing Rules of the Senate, if any of the grounds described in subsection (c) applies to a Senator, such Senator may designate another Senator as a proxy who may cast the vote of such Senator or record the presence of such Senator in the Senate if such Senator submits to the Secretary of the Senate a signed letter (which may be in electronic form)-- (A) certifying that one of those grounds applies to such Senator; and (B) specifying by name the other Senator who is designated as a proxy for such Senator. (2) Determination of quorum.--Any Senator whose vote is cast or whose presence is recorded by a designated proxy under this section shall be counted for the purpose of establishing a quorum under the Standing Rules of the Senate. (b) Remote Attendance at Committee Proceedings.--Notwithstanding any other provision of any of the Standing Rules of the Senate, if any of the grounds described in subsection (c) applies to a Senator, and such Senator has submitted to the Secretary of the Senate a signed letter (which may be in electronic form) certifying that one of those grounds applies to such Senator, such Senator may participate remotely during in-person committee proceedings, including by casting a vote or recording such Senator's presence remotely, and-- (1) such remote participation shall not be considered an absence for purposes of any provision of the Standing Rules of the Senate; and (2) a Senator participating remotely pursuant to this subsection shall be counted for the purpose of establishing a quorum under the Standing Rules of the Senate and the committee. (c) Grounds Described.--The grounds described in this subsection with respect to a Senator are as follows: (1) Any of the grounds under which an eligible employee is entitled to leave under subparagraphs (A) through (E) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), but only if the Member includes with the signed letter required under this paragraph such documentation as the Secretary may require. (2) An illness of the Senator which would not be treated as a serious health condition under section 102(a)(1)(D) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(D)) if the Senator were an eligible employee under such Act, except that the number of days during which a Senator may designate a proxy under subsection (a) or may participate remotely under subsection (b) on the basis of this paragraph in a calendar year may not exceed 7. (3) The summoning of the Senator, in connection with a judicial proceeding, by a court or authority responsible for the conduct of that proceeding, to serve as a juror, but only if the Senator includes with the signed letter required under this paragraph such documentation of the summoning as the Clerk may require. (4) The death of a family member, except that the number of consecutive days during which a Senator may designate a proxy under subsection (a) or may participate remotely under subsection (b) on the basis of this paragraph with respect to a family member may not exceed 4. For purposes of this paragraph, the term ``family member'' means a spouse (including a domestic partner) and a spouse's parent; a child and a child's spouse; a parent and a parent's spouse; a sibling and a sibling's spouse; a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and any other individual who is related by blood or affinity and whose association with the individual is the equivalent of a family relationship under regulations issued by the Committee on Rules and Administration. (5) The Senator is absent by reason of service in the uniformed services, as defined in section 4303(13) of title 38, United States Code, except that the number of days during which a Senator may designate a proxy under subsection (a) or may participate remotely under subsection (b) on the basis of this paragraph in a calendar year may not exceed 15 in the case of service consisting of active duty, active duty for training, and inactive duty training and may not exceed 22 days in the case of service consisting of State active duty in response to a national emergency or a major disaster referred to in such section. A Senator may designate a proxy under subsection (a) or may participate remotely under subsection (b) on the basis of this paragraph only if the Senator includes with the signed letter required under such subsections such documentation of the service as the Secretary may require. (6) The Senator is prevented from safely traveling to or performing work at the location of the committee proceeding due to-- (A) an act of God; (B) a terrorist attack; or (C) another condition that prevents the Senator from safely traveling to or performing work at the location of the proceeding. (d) Maintenance of Information by Secretary.--The Secretary shall maintain an updated list of the following information, and shall make such list publicly available in electronic form: (1) The designations of proxies submitted or in effect under subsection (a). (2) With respect to each Senator who designated a proxy under subsection (a)-- (A) the number of days for which the Senator designated a proxy; and (B) the grounds under subsection (c) on which the Senator designated the proxy. (3) The Senators who are eligible to participate remotely under subsection (b). (4) With respect to each Senator who is eligible to participate remotely under subsection (b)-- (A) the number of days for which the Senator participated remotely; and (B) the grounds under subsection (c) on which the Senator participated remotely. <all>

usgpo

2024-06-24T00:12:49.671310

BILLS-118hr7988rh

Small Business Procurement and Utilization Reform Act of 2024; SPUR Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 7988 Reported in House (RH)] <DOC> Union Calendar No. 453 118th CONGRESS 2d Session H. R. 7988 [Report No. 118-547] To amend the Small Business Act to include requirements relating to new small business entrants in the scorecard program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 15, 2024 Mr. Stauber (for himself and Ms. Perez) introduced the following bill; which was referred to the Committee on Small Business June 11, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To amend the Small Business Act to include requirements relating to new small business entrants in the scorecard program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Procurement and Utilization Reform Act of 2024'' or the ``SPUR Act''. SEC. 2. MODIFICATIONS TO SCORECARD REQUIREMENTS. Section 15(y) of the Small Business Act (15 U.S.C. 644(y)) is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraph (E) as subparagraph (F); and (B) by inserting after subparagraph (D) the following new subparagraph: ``(E) The number of new small business entrants, including new small business entrants that are small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women awarded prime contracts in each North American Industry Classification System code during the fiscal year, and a comparison to the number awarded prime contracts during the prior fiscal year, if available.''; (2) in paragraph (3), by striking ``subparagraphs (B) through (E) of paragraph (2)'' and inserting ``subparagraphs (B) through (F) of paragraph (2)''; and (3) by amending paragraph (6) to read as follows: ``(6) Definitions.--In this subsection: ``(A) New small business entrant.--The term `new small business entrant' means a small business concern that-- ``(i) has been awarded a prime contract; and ``(ii) has not previously been awarded a prime contract by the Federal Government. ``(B) Scorecard.--The term `scorecard' means any summary using a rating system to evaluate the efforts of a Federal agency to meet goals established under subsection (g)(1)(B) that-- ``(i) includes the measures described in paragraph (2); and ``(ii) assigns a score to each Federal agency evaluated.''. SEC. 3. COMPLIANCE WITH CUTGO. No additional amounts are authorized to be appropriated to carry out this Act or the amendments made by this Act. Union Calendar No. 453 118th CONGRESS 2d Session H. R. 7988 [Report No. 118-547] _______________________________________________________________________ A BILL To amend the Small Business Act to include requirements relating to new small business entrants in the scorecard program, and for other purposes. _______________________________________________________________________ June 11, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

usgpo

2024-06-24T00:12:49.917551

CFR-2022-title49-vol6

Transportation

[Title 49 CFR ] [Code of Federal Regulations (annual edition) - October 1, 2022 Edition] [From the U.S. Government Publishing Office] [[Page i]] Title 49 Transportation ________________________ Parts 400 to 571 Revised as of October 1, 2022 Containing a codification of documents of general applicability and future effect As of October 1, 2022 Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register [[Page ii]] U.S. GOVERNMENT OFFICIAL EDITION NOTICE Legal Status and Use of Seals and Logos The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the original documents published in the Federal Register (44 U.S.C. 1510). It is prohibited to use NARA's official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist's designee. Any person using NARA's official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017. Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0-16 ISBN prefix is for U.S. Government Publishing Office Official Editions only. The Superintendent of Documents of the U.S. Government Publishing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN. U . S . G O V E R N M E N T P U B L I S H I N G O F F I C E ------------------------------------------------------------------ U.S. Superintendent of Documents Washington, DC 20402-0001 http://bookstore.gpo.gov Phone: toll-free (866) 512-1800; DC area (202) 512-1800 [[Page iii]] Table of Contents Page Explanation................................................. v Title 49: SUBTITLE B--Other Regulations Relating to Transportation (Continued) Chapter IV--Coast Guard, Department of Homeland Security 5 Chapter V--National Highway Traffic Safety Administration, Department of Transportation 19 Finding Aids: Table of CFR Titles and Chapters........................ 1185 Alphabetical List of Agencies Appearing in the CFR...... 1205 List of CFR Sections Affected........................... 1215 [[Page iv]] ---------------------------- Cite this Code: CFR To cite the regulations in this volume use title, part and section number. Thus, 49 CFR 450.1 refers to title 49, part 450, section 1. ---------------------------- [[Page v]] EXPLANATION The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16.................................as of January 1 Title 17 through Title 27..................................as of April 1 Title 28 through Title 41...................................as of July 1 Title 42 through Title 50................................as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 2022), consult the ``List of CFR Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative List of Parts Affected,'' which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request. [[Page vi]] Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. PAST PROVISIONS OF THE CODE Provisions of the Code that are no longer in force and effect as of the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on any given date in the past by using the appropriate List of CFR Sections Affected (LSA). For the convenience of the reader, a ``List of CFR Sections Affected'' is published at the end of each CFR volume. For changes to the Code prior to the LSA listings at the end of the volume, consult previous annual editions of the LSA. For changes to the Code prior to 2001, consult the List of CFR Sections Affected compilations, published for 1949-1963, 1964-1972, 1973-1985, and 1986-2000. ``[RESERVED]'' TERMINOLOGY The term ``[Reserved]'' is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a ``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used editorially to indicate that a portion of the CFR was left vacant and not dropped in error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR Index and Finding Aids. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume. An index to the text of ``Title 3--The President'' is carried within that volume. [[Page vii]] The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ``Contents'' entries in the daily Federal Register. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202-741-6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail fedreg.info@nara.gov. SALES The Government Publishing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Publishing Office - New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presidential Documents and the Privacy Act Compilation are available in electronic format via www.govinfo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll- free). E-mail, ContactCenter@gpo.gov. The Office of the Federal Register also offers a free service on the National Archives and Records Administration's (NARA) website for public law numbers, Federal Register finding aids, and related information. Connect to NARA's website at www.archives.gov/federal-register. The eCFR is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments, produced by the Office of the Federal Register and the Government Publishing Office. It is available at www.ecfr.gov. Oliver A. Potts, Director, Office of the Federal Register October 1, 2022 [[Page ix]] THIS TITLE Title 49--Transportation is composed of nine volumes. The parts in these volumes are arranged in the following order: Parts 1-99, parts 100-177, parts 178-199, parts 200-299, parts 300-399, parts 400-571, parts 572-999, parts 1000-1199, and part 1200 to end. The first volume (parts 1-99) contains current regulations issued under subtitle A-- Office of the Secretary of Transportation; the second volume (parts 100- 177) and the third volume (parts 178-199) contain the current regulations issued under chapter I--Pipeline and Hazardous Materials Safety Administration (DOT); the fourth volume (parts 200-299) contains the current regulations issued under chapter II--Federal Railroad Administration (DOT); the fifth volume (parts 300-399) contains the current regulations issued under chapter III--Federal Motor Carrier Safety Administration (DOT); the sixth volume (parts 400-571) contains the current regulations issued under chapter IV--Coast Guard (DHS), and some of chapter V--National Highway Traffic Safety Administration (DOT); the seventh volume (parts 572-999) contains the rest of the regulations issued under chapter V--National Highway Traffic Safety Administration (DOT), and the current regulations issued under chapter VI--Federal Transit Administration (DOT), chapter VII--National Railroad Passenger Corporation (AMTRAK), and chapter VIII--National Transportation Safety Board; the eighth volume (parts 1000-1199) contains some of the current regulations issued under chapter X--Surface Transportation Board and the ninth volume (part 1200 to end) contains the rest of the current regulations issued under chapter X--Surface Transportation Board, chapter XI--Research and Innovative Technology Administration (DOT), and chapter XII--Transportation Security Administration (DHS). The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 2022. In the volume containing parts 100-177, see Sec. 172.101 for the Hazardous Materials Table. The Federal Motor Vehicle Safety Standards appear in part 571. For this volume, Robert J. Sheehan, III was Chief Editor. The Code of Federal Regulations publication program is under the direction of John Hyrum Martinez, assisted by Stephen J. Frattini. [[Page 1]] TITLE 49--TRANSPORTATION (This book contains parts 400 to 571) -------------------------------------------------------------------- Part SUBTITLE B--Other Regulations Relating to Transportation (Continued) chapter iv--Coast Guard, Department of Homeland Security.... 450 chapter v--National Highway Traffic Safety Administration, Department of Transportation.............................. 501 [[Page 3]] Subtitle B--Other Regulations Relating to Transportation (Continued) [[Page 5]] CHAPTER IV--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY -------------------------------------------------------------------- SUBCHAPTER A [RESERVED] SUBCHAPTER B--SAFETY APPROVAL OF CARGO CONTAINERS Part Page 400-449 [Reserved] 450 General..................................... 7 451 Testing and approval of containers.......... 10 452 Examination of containers................... 13 453 Control and enforcement..................... 16 454-499 [Reserved] [[Page 7]] SUBCHAPTER A [RESERVED] SUBCHAPTER B_SAFETY APPROVAL OF CARGO CONTAINERS PARTS 400 449 [RESERVED] PART 450_GENERAL--Table of Contents Subpart A_General Provisions Sec. 450.1 Purpose. 450.3 Definitions. 450.5 General requirements and applicability. 450.7 Marking. Subpart B_Procedures for Delegation to Approval Authorities 450.11 Application for delegation of authority. 450.12 Criteria for selection of Approval Authorities. 450.13 Granting of delegation. 450.14 Conditions of delegation. 450.15 Termination of delegation. 450.16 Withdrawal of delegation. Authority: 46 U.S.C. 80503; Department of Homeland Security Delegation No. 0170.1. Editorial Note: Nomenclature changes to part 450 appear at 74 FR 49241, Sept. 25, 2009, and at 77 FR 59790, Oct. 1, 2012. Subpart A_General Provisions Sec. 450.1 Purpose. This subchapter establishes requirements and procedures for safety approval and periodic examination of cargo containers used in international transport, as defined in the International Safe Container Act. [45 FR 37213, June 2, 1980] Sec. 450.3 Definitions. (a) In this subchapter: (1) Approval Authority means a delegate of the Commandant authorized to approve containers within the terms of the convention, the International Safe Container Act and this subchapter. (2) Container means an article of transport equipment: (i) Of a permanent character and suitable for a repeated use. (ii) Specially design to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading. (iii) Designed to be secured and readily handled, having corner fittings for these purposes. (iv) Of a size that the area enclosed by the four outer bottom corners is either: (A) At least 14 sq.m. (150 sq.ft.), or (B) At least 7 sq.m. (75 sq.ft.) if it has top corner fittings. (v) The term container includes neither vehicles nor packaging; however, containers when carried on chassis are included. (3) Convention means the International Convention for Safe Containers (CSC) done at Geneva, December 2, 1972 and ratified by the United States on January 3, 1978. (4) District Commander means the Coast Guard officer designated by the Commandant to command a Coast Guard District. (5) New Container means a container, the construction of which began on or after September 6, 1977. (6) Existing Container means a container that is not a new container. [45 FR 37213, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004] Sec. 450.5 General requirements and applicability. (a) Every owner of a new or existing container used or offered for movement in international transport shall have the container approved in accordance with the procedures established by the Administration of any contracting party to the convention, except that existing containers need not be approved until September 6, 1982. (b) Every owner of an approved container used or offered for movement in international transport who: (1) Is domiciled in the United States and has the head office in the United States, or (2) Is domiciled in a country which is not a contracting party to the convention but has the principal office in the [[Page 8]] United States, shall have the container periodically examined in accordance with part 452 of this subchapter. (c) Every owner of an approved container used or offered for movement in international transport who: (1) Is domiciled in the United States but has the principal office in the jurisdiction of another contracting party to the convention, or (2) Is domiciled in the jurisdiction of another contracting party to the convention but has the principal office in the United States, but elects to have the container examined in accordance with the procedures prescribed by the United States, shall conform to part 452 of this subchapter. (d) Every owner of an approved container used or offered for movement in international transport who is neither domiciled in nor has the principal office in the jurisdiction of a contracting party to the convention, but elects to have the container examined in accordance with procedures prescribed by the United States, shall conform to part 452 of this subchapter. [45 FR 37213, June 2, 1980] Sec. 450.7 Marking. (a) On each container that construction begins on or after January 1, 1984, all maximum gross weight markings on the container must be consistent with the maximum gross weight information on the safety approval plate. (b) On each container that construction begins before January 1, 1984, all maximum gross weight markings on the container must be consistent with the gross weight information on the safety approval plate no later than January 1, 1989. (Approved by the Office of Management and Budget under OMB control number 1625-0024) [49 FR 15562, Apr. 19, 1984, as amended at 71 FR 55747, Sept. 25, 2006] Subpart B_Procedure for Delegation to Approval Authorities Sec. 450.11 Application for delegation of authority. (a) Any person or organization seeking delegation of authority to act as an Approval Authority may apply to the Commandant (CG-OES), Attn: Office of Operating and Environmental Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. Each application must be signed and certified by the applicant or, if the applicant is an organization, by an authorized officer of the organization. A list of delegated approval authorities may be obtained from the Commandant (CG-OES). (b) The application must include the following information: (1) Name and address, including place of incorporation, if a corporation. (2) A description of the organization, including the ownership, managerial structure, organizational components and directly affiliated agencies and their functions utilized for supporting technical services. (3) A listing of the basic technical services offered. (4) A general description of the geographic area served. (5) A general description of the clients being served or intended to be served. (6) A description of the types of work performed by the applicant in the past, noting the amount and extent of such work performed within the previous three years. (7) A description of the personnel to be utilized, indicating general background and qualifications, particularly for the surveyors to be involved in the actual witnessing of tests. (8) A description of its means of assuring continued competence of its personnel. (9) A detailed schedule of the fees proposed to be charged for the approval service. (10) Evidence of financial stability. (11) At least three business references who will furnish information regarding work performed by the applicant. (12) A statement that the Coast Guard may inspect the applicant's facilities and records of approvals under the convention and these regulations. (c) The application may contain any additional information the applicant deems to be pertinent. (d) The applicant must furnish any additional information to evaluate the applicant's qualifications, if requested by the Chief, Office of Operating and [[Page 9]] Environmental Standards (CG-OES), U.S. Coast Guard. (e) Applications from foreign nationals or organizations must contain an affidavit stating that the agency responsible for implementing the Convention in their country has delegated to the applicant an approval authority, and that it also delegates similar authority to United States citizens or organizations having delegations from the United States. The affidavit must also contain the name and address of the agency to which U.S. citizens or organizations must apply for delegation as an approval authority. [45 FR 37213, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004; 74 FR 49241, Sept. 25, 2009; 78 FR 60165, Sept. 30, 2013] Sec. 450.12 Criteria for selection of Approval Authorities. (a) The Chief, Office of Operating and Environmental Standards (CG- OES), U.S. Coast Guard selects persons or organizations in accordance with the following criteria: (1) The person or organization is independent of manufacturers and owners in that: (i) It has sufficient breadth of interest or activity, so that the loss or award of a specific contract to approve containers would not be a substantial factor in the financial well-being of the organization. (ii) The employment status of the personnel of the organization is free from influence or control of manufacturers, owners, operators or lessors of containers. (2) The person or organization has demonstrated the ability to competently carry out the procedures required for approval. (3) The person or organization has an acceptable degree of financial security. [45 FR 37213, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004] Sec. 450.13 Granting of delegation. (a) The Chief, Office of Operating and Environmental Standards (CG- OES), U.S. Coast Guard acts on applications for delegation within 60 days of receipt. (b) If an applicant for delegation does not provide sufficient information with regard to all the criteria for delegation, the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard denies the application. A denial of an application on this basis is without prejudice to the submission of a new or amended application. (c) If an applicant satisfies all the criteria for delegation the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard sends the applicant a letter of delegation, and assigns to the Approval Authority an alphabetic Approval Authority identification code. (d) If an applicant fails to satisfy all the criteria for delegation, the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard gives the applicant written notice of denial of his application. The notice contains all the reasons for the denial. The applicant may contest the denial by submitting additional oral or written evidence in support of its qualifications. Upon review of the evidence, the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard notifies the applicant of the final decision. [45 FR 37213, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004] Sec. 450.14 Conditions of delegation. (a) The following conditions are part of every delegation: (1) The Approval Authority shall use only testing equipment that it has determined by inspection to be suitable for the purpose. (2) All approval numbers issued by the Approval Authority must contain the identification code, assigned to the Approval Authority by the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard. (3) Each Approval Authority shall maintain the following records for a period of at least 15 years from the date of approval. (When the Approval Authority's delegation is withdrawn before such time, the records relating to the approvals issued within the prior 15 years must be turned over to the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard): [[Page 10]] (i) Each notice of approval issued. (ii) A copy of the application and final approved drawings (if applicable) to which each approval refers. (iii) The manufacturer's serial numbers and the owner's identification numbers of all containers covered by each approval. (4) Each Approval Authority shall establish and make available to the public a schedule of fees for the approval services performed under these regulations. The fees must not be disproportionate to the costs (including transportation expense, if any) actually incurred. (5) The Approval Authority shall grant the Coast Guard the right to inspect records and shall cooperate in the conduct of such inspections. (6) The Approval Authority shall comply with any other term or condition stated in its letter of delegation. [45 FR 37213, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004] Sec. 450.15 Termination of delegation. (a) An Approval Authority may voluntarily terminate its delegation by giving written notice of its intent to the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard. This notice must contain the date on which the termination is to be effective. [45 FR 37213, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004] Sec. 450.16 Withdrawal of delegation. (a) The Chief, Office of Operating and Environmental Standards (CG- OES), U.S. Coast Guard withdraws a delegation if: (1) It is determined that the application for delegation contained a material misrepresentation. (2) An Approval Authority fails to comply with a condition of delegation. (3) An Approval Authority is incompetent. (b) When a delegation is withdrawn, the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard gives to the Approval Authority: (1) Written notice of the facts or conduct believed to warrant the withdrawal. (2) Opportunity to submit oral or written evidence. (3) Opportunity to demonstrate or achieve compliance with the applicable requirement. [45 FR 37213, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004] PART 451_TESTING AND APPROVAL OF CONTAINERS--Table of Contents Subpart A_Approval of Existing Containers Sec. 451.1 Application for approval. 451.3 Action by Approval Authority. 451.5 Resubmission or appeal. 451.7 Alternative approval of existing containers. Subpart B_Approval of New Containers 451.11 Application for approval-general. 451.12 Application for approval by design type. 451.13 Action by approval authority-approval by design type. 451.14 Alternative approval of new containers by design type. 451.15 Application for individual approval. 451.16 Action by approval authority-individual approval. 451.18 Review of denials of approval. Subpart C_Safety Approval Plate 451.21 Safety approval plate required. 451.23 Plate specifications. 451.25 Required information. Authority: 46 U.S.C. 80503; Department of Homeland Security Delegation No. 0170.1. Source: 45 FR 37214, June 2, 1980, unless otherwise noted. Editorial Note: Nomenclature changes to part 451 appear at 74 FR 49241, Sept. 25, 2009, and at 77 FR 59790, Oct. 1, 2012. Subpart A_Approval of Existing Containers Sec. 451.1 Application for approval. (a) Any owner of an existing container may apply for approval to the Commandant (CG-OES), Attn: Office of Operating and Environmental Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509 or to any Approval Authority. (b) Each application must include the following for each container: [[Page 11]] (1) Date and place of manufacture. (2) Manufacturer's identification number, if available. (3) Maximum operating gross weight capacity. (4) Allowable stacking weight for 1.8G (1.8 x Gross weight in kilograms or pounds). Note: This value is the total load the container is designed to support when subjected to a vertical acceleration of 1.8G. (5) A statement that the owner possesses documentary evidence that: (i) Container of this type has been safely used in marine or inland transport for a period of at least two years; or (ii) The container was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II to the convention with the exception of those technical conditions relating to the end-wall and side-wall strength tests; or (iii) The container was constructed to standards that were equivalent to the technical conditions set out in Annex II to the convention with the exception of those technical conditions relating to end-wall and side-wall strength tests. (6) A certification by the owner, or, if the owner is a corporation, partnership or unincorporated association, by a person authorized to make such statements for the organization, that the information provided in the application is true and correct. [45 FR 37214, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004; 74 FR 49241, Sept. 25, 2009; 78 FR 60166, Sept. 30, 2013] Sec. 451.3 Action by Approval Authority. (a) The Approval Authority (or the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard, if the application was submitted to the Coast Guard) issues to the owner a notice of approval or notifies the owner in writing that approval is denied, setting forth the deficiencies causing denial. Notification of approval entitles the owner to affix a safety approval plate to each container after an examination of each container concerned has been carried out in accordance with part 452 of this subchapter. In the case of an application submitted to the Coast Guard, the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard acts on the application within 30 days of receipt of the application. [45 FR 37214, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004] Sec. 451.5 Resubmission or appeal. (a) Upon receipt of a denial of approval for certain containers, an owner may correct the noted deficiencies and resubmit the application without prejudice. (b) An applicant aggrieved by a decision of an approval authority may obtain review of the decision by the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard. The decision of the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard is a final agency action. [45 FR 37214, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30, 2004] Sec. 451.7 Alternative approval of existing containers. (a) Existing containers that do not qualify for approval under this subpart may be presented for approval under the provisions of subpart B of this part. For such containers, the requirements of subpart B of this part, relating to the end and sidewall strength tests, do not apply. Upon showing that the containers have performed satisfactorily in service, the applicant may omit the presentation of drawings and testing, other than the lifting and floor strength test, if permitted by the approval authority. [45 FR 37214, June 2, 1980, as amended at 69 FR 58352, Sept. 30, 2004] Subpart B_Approval of New Containers Sec. 451.11 Application for approval-general. (a) An owner of a new container, or a manufacturer acting on behalf of an [[Page 12]] owner, may apply for approval to any approval authority. Sec. 451.12 Application for approval by design type. (a) For approval of new containers by design type, each application must include the following: (1) Engineering drawings and plans showing platform, end framing, welds and hardware, connections of cross-members, top and bottom rails, roof bows, detailed subassemblies of major structural components and attachments, and any other plans and drawings required by the approval authority. (2) Design and material specifications including type and size of materials. Material specifications of the safety approval plate must also be given. (3) The manufacturer's identification number assigned to each container in the type series. (4) The identification code assigned to each container in the series by the owner, lessee, or bailee responsible for maintenance. (5) The written assurance from the manufacturer, that the manufacturer will: (i) Produce to the approval authority such containers as the approval authority may wish to examine; (ii) Advise the approval authority of any change in the design or specification and await its approval before affixing the Safety Approval Plate to the container; (iii) Affix the Safety Approval Plate to each container in the design type and to no others; (iv) Keep a record of containers manufactured to the approved design type containing at least the manufacturer's identification numbers, date of delivery, and names and addresses of customers to whom the containers are delivered; and (v) Supply to the approval authority the information contained in paragraphs (a)(3) and (4) of this section if not available at the time of original application. (6) A statement as to whether this design type has been examined by any approval authority previously and judged unacceptable. Affirmative statements must be documented with the name of the approving authority, the reason for nonacceptance, and the nature of modifications made to the design type. [45 FR 37214, June 2, 1980, as amended at 69 FR 58353, Sept. 30, 2004] Sec. 451.13 Action by approval authority-approval by design type. (a) The approval authority arranges with the manufacturer, with notification to the owner, to witness the prototype tests required by the convention, and to examine any number of containers that the approval authority considers appropriate. Upon witnessing successful completion of prototype tests and examination of several containers the approval authority issues to the owner, a notice of approval which authorizes the attachment of safety approval plates to the containers. Absence of individual inspections will not relieve the manufacturer of any responsibility to maintain proper quality control. If a prototype container fails to pass the tests, the approval authority may require testing of as many further representative containers as necessary to ensure the adequacy of the design. Sec. 451.14 Alternative approval of new containers by design type. (a) New containers manufactured before June 16, 1978 without being approved under the preceding section may be approved by submission to an approval authority of an application corresponding to that required under Sec. 451.1(b) for existing containers. All new containers so approved must have safety approval plates affixed and receive their first periodic examination in accordance with the procedures prescribed in Sec. 452.3 by January 1, 1985. [47 FR 50496, Nov. 8, 1982] Sec. 451.15 Application for individual approval. (a) For approval of new containers by individual approval, each application must include the following: (1) The manufacturer's identification number. (2) The identification code of the owner, lessee, or bailee responsible for maintenance of the container. [[Page 13]] Sec. 451.16 Action by approval authority-individual approval. (a) The approval authority arranges with the manufacturer or owner to witness testing in accordance with Annex II to the convention. Upon witnessing successful completion of the tests, the approval authority issues to the owner a notice of approval that authorizes the attachment of a safety approval plate. Sec. 451.18 Review of denials of approval. (a) An applicant aggrieved by a decision of an approval authority may obtain review of the decision by the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard. The decision of the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard is a final agency action. [45 FR 37214, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58353, Sept. 30, 2004] Subpart C_Safety Approval Plate Sec. 451.21 Safety approval plate required. (a) The safety approval plate must be supplied by the owner or manufacturer. Sec. 451.23 Plate specifications. (a) The safety approval plate must be of the size and in the format specified in the appendix to Annex I to the convention. (b) The safety approval plate must be: (1) Designed to withstand and remain legible after a 15 minute exposure to a medium intensity fire producing a temperature of 1,000 [deg]F (540 [deg]C), when mounted on the specified material of construction of the container. (2) Designed to resist the corrosive effects of its environment, both at sea and ashore, so as to remain legible for the working life of the container. (3) Designed to have a legible life expectancy equal to or greater than the life expectancy of the container to which the plate is affixed. Sec. 451.25 Required information. (a) The safety approval number appearing on line 1 of the safety approval plate must be of the form ``USA/(approval number, which includes the approval authority identification code)/(year in which approval was granted).'' (b) The date upon which approval was granted must be the same for all containers of a design-type or type-series covered by one notice of approval. (c) The safety approval number must be the same for all containers of a design-type or type-series covered by one notice of approval. (d) The owner's International Organization for Standardization (ISO) alpha numeric identification numbers may be used in place of the manufacturer's identification numbers on line 3 of the safety approval plate. If owner's identification numbers are used and the manufacturer's are available, the owner shall keep records correlating the owner's identification numbers used with the manufacturer's number. If a container marked with owner's identification numbers changes ownership, and the owner's identification number is changed as a result, the new owner must add the new owner's identification number, following the original owner's identification number on line 3 of the safety approval plate. In the event that the new owner's identification number cannot be legibly added to line 3 of the safety approval plate following the original owner's identification number, the new owner is authorized to put a new safety approval plate on the freight container provided that all the information contained on the original safety approval plate is retained in the owners files. PART 452_EXAMINATION OF CONTAINERS--Table of Contents Sec. 452.1 Periodic examination required. 452.3 Elements of periodic examinations. 452.5 Examinations made in conjunction with other inspections. 452.7 Continuous examination program. 452.9 Elements of a continuous examination program. Authority: 46 U.S.C. 80503; Department of Homeland Security Delegation No. 0170.1. Sec. 452.1 Periodic examination required. (a) Except as provided for in Sec. 452.7, each owner of an approved container [[Page 14]] subject to this part shall examine the container or have it examined in accordance with the procedures prescribed in Sec. 452.3 at intervals of not more than 30 months, except that for containers approved as new containers, the interval from the date of manufacture to the date of the first examination must not exceed five years. For containers approved, examined and plated as existing containers before January 1, 1985 and containers approved and plated as new containers before January 1, 1985, the subsequent examination must be carried out in accordance with the following schedule: ------------------------------------------------------------------------ Date of initial plating Subsequent examination ------------------------------------------------------------------------ Existing containers before Sept. 30, 1981 Before Jan. 1986. and new containers before Dec. 31, 1978. Existing containers between Oct. 1, 1981 Before May 1986. and Sept. 30, 1982 and new containers between Jan. 1, 1979 and Dec. 31, 1979. Existing containers between Oct. 1, 1982 Before Sept. 1986. and Sept. 30, 1983 and new containers between Jan. 1, 1980 and Dec. 31, 1980. Existing containers between Oct. 1, 1983 Before Jan. 1987. and Dec. 31, 1984 and new containers between Jan. 1, 1981 and Dec. 31, 1981. ------------------------------------------------------------------------ Note: Containers plated under Sec. 451.14 are considered existing containers in the above schedule. (b) Upon completion of an examination required by this part, the owner shall mark on the safety approval plate, or on the container itself as close as practicable to the safety approval plate, the month and year before which the container must next be examined. This marking must be on all containers by January 1, 1987. The marking may be by a decal, sticker, stencil, or other means so long as it is capable of remaining legible for at least 24 months. Affixing such a marking to a container that has not been examined in accordance with Sec. 452.3 constitutes a misrepresentation in a matter within the jurisdiction of an agency of the United States, and makes the owner punishable under 18 U.S.C. 1001. (c) The owner of containers subject to this section shall have those containers examined in accordance with the program prescribed in this section regardless of whether the examinations are preformed within or outside the United States. [45 FR 37216, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 49 FR 15562, Apr. 19, 1984; 69 FR 58353, Sept. 30, 2004] Sec. 452.3 Elements of periodic examinations. (a) Periodic examinations required by Sec. 452.1 must conform to the following minimum requirements: (1) Each examination must include a detailed visual inspection for defects such as cracks, failures, corrosion, missing or deteriorated fasteners, and any other safety related deficiency or damage which could place any person in danger. Any such deficiencies disclosed by the examination must be corrected by the owner before the container is continued in service. (2) Each examination must take into account the particular characteristics of various kinds of containers and materials of construction. (3) Each examination must be performed by qualified personnel, trained and experienced in the detection of container structural damage. (4) The examinations must be scheduled so as to allow adequate time for thorough performance. (5) Each examination must apply owner established or industry accepted pass/fail criteria to determine whether a container has any deficiency that must be remedied before the container is returned to service. (b) Examinations must be documented, and the records retained by the owner, until the next examination is completed and recorded. The records must include, in addition to identification of the container, a record of the date of last examination and a means of identifying the examiner. The records must be maintained in an office under the control of the owner and be made available for inspection by the Coast Guard upon demand. If the original records are maintained outside the United States, its territories or possessions, supplementary records must be available in written or data processing form to be produced on demand of the Commandant or his representative. [45 FR 37216, June 2, 1980, as amended at 69 FR 58353, Sept. 30, 2004] [[Page 15]] Sec. 452.5 Examinations made in conjunction with other inspections. (a) Periodic examinations may be made in conjunction with or as part of routine change-of-custody inspections, or in any other manner convenient to the owner so long as the examinations conform to the requirements of Sec. 452.3. [45 FR 37216, June 2, 1980] Sec. 452.7 Continuous examination program. (a) In lieu of a periodic examination under Sec. 452.1, each owner of an approved container meeting Sec. 450.5 may examine the container or have it examined using an approved continuous examination program. An owner must submit the continuous examination program for approval to the Commandant (CG-OES), Attn: Office of Operating and Environmental Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. When submitting a continuous examination program for approval the owner must show the continuous examination complies with Sec. 452.9. (b) The owner must mark the container with the letters ``ACEP/USA/ (year continuous examination program is approved)'' to indicate the container is being periodically examined under an approved continuous examination program. This marking must be as close as practicable to the safety approval plate. This marking must be on all containers covered by a continuous examination program by January 1, 1987. (c) The owner of containers subject to this section shall have those containers examined in accordance with the program prescribed in this section regardless of whether the examinations are performed within or outside the United States. (The information collection requirements contained in paragraphs (a) and (b) have been approved by the Office of Management and Budget under OMB control number 1625-0024) [49 FR 15562, Apr. 19, 1984, as amended at 69 FR 58353, Sept. 30, 2004; 74 FR 49241, Sept. 25, 2009; 74 FR 49241, Sept. 25, 2009; 77 FR 59790, Oct. 1, 2012; 78 FR 60166, Sept. 30, 2013] Sec. 452.9 Elements of a continuous examination program. (a) Examinations required by Sec. 452.7 must conform to the following minimum requirements: (1) A thorough examination that must include a detailed visual inspection for defects such as cracks, failures, corrosion, missing or deteriorated fasteners, and any other safety related deficiency or damage that could place any person in danger. Any such deficiencies disclosed by the examination must be corrected by the owner before the container is continued in service. A thorough examination must be done each time a container undergoes a major repair, refurbishment or on- hire/off-hire interchange. In no case is the time period between thorough examinations to exceed 30 months. (2) Each thorough examination must be performed by qualified personnel, trained and experienced in the detection of container structural damage. (3) Each thorough examination must apply owner established or industry accepted pass/fail criteria to determine whether a container has any deficiency that must be remedied before the container is returned to service. (b) Thorough examinations must be documented, and the records retained by the owner, until the next examination is completed and recorded. The records must include, in addition to identification of the container, a record of the date of last examination and a means of identifying the examiner. The records must be maintained in an office under the control of the owner and be made available for inspection by the Coast Guard upon demand. If the original records are maintained outside the United States, its territories or possessions, supplementary records must be available in written or data processing form to be produced on demand of the Commandant or his representative. (The information collection requirements contained in paragraph (b) have been approved by the Office of Management and Budget under OMB control number 1625-0024) [49 FR 15562, Apr. 19, 1984, as amended at 69 FR 58353, Sept. 30, 2004] [[Page 16]] PART 453_CONTROL AND ENFORCEMENT--Table of Contents Sec. 453.1 Unsafe and noncomplying containers subject to detention or control. 453.3 Detention orders and other orders. 453.5 Termination of detention orders and other orders. 453.7 Appeal provisions. Authority: 46 U.S.C. 80503; Department of Homeland Security Delegation No. 0170.1. Editorial Note: Nomenclature changes to part 453 appear at 74 FR 49241, Sept. 25, 2009. Sec. 453.1 Unsafe and noncomplying containers subject to detention or control. (a) Any container used in or offered for movement in international transport which does not have a valid safety approval plate attached to it is subject to detention or other control by a District Commander or Captain of the Port. However, upon receipt of evidence that a container which does not have a valid safety approval plate attached to it meets the standards of the convention, the District Commander or Captain of the Port may authorize limited movement of such container under conditions he deems appropriate. This paragraph becomes effective on January 3, 1979 for new containers and on January 1, 1985 for existing containers. (b) If a District Commander or Captain of the Port finds that a container used in or offered for movement in international transport, even though it has a valid safety approval plate attached to it, is in a condition that creates an obvious risk to safety, he issues a detention order causing the container to be removed from service until it is restored to a safe condition. In addition to removing a container from transport, a detention order may require any special handling, including unloading prior to movement, necessary to ensure safety. (c) If a District Commander or Captain of the Port finds that a container used or offered for movement in international transport has not been timely examined, the District Commander or Captain of the Port affixes to the container, at a place on the container where it will be readily noticeable to anyone loading or unloading the container, a mark or tag indicating that the container must be examined before being reloaded and again used in international transport. The mark or tag affixed by the District Commander or Captain of the Port indicates the place and the date on which it was affixed, and is capable of remaining legible and in place for at least 12 months. Such mark or tag must not be removed until the container is examined in accordance with Sec. 452.3 of this subchapter. If a District Commander or Captain of the Port finds that container marked or tagged as provided for in this paragraph was reloaded and used or offered for movement in international transport without having been examined, the District Commander or Captain of the Port issues a detention order causing the container to be removed from service until it is brought into compliance. [45 FR 37217, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982] Sec. 453.3 Detention orders and other orders. (a) The terms of any detention order or other order issued under Sec. 453.1, to the maximum extent practicable, make provisions to avoid loss or damage to cargo. (b) Written notice of any detention order or other order issued under Sec. 453.1 is given immediately to the terminal operator, stevedore, or other person having actual control over the container involved. Prompt notification is also given to the owner of the container, or his agent. The notification identifies the container involved, its location, and describes the condition which gave rise to the order. [45 FR 37217, June 2, 1980] Sec. 453.5 Termination of detention orders and other orders. (a) When a container, which is the subject of a detention order or other order, is restored to a safe condition or otherwise brought into compliance, it must be examined in accordance with Sec. 452.3 and a new re-examination date marked on the container in accordance with Sec. 452.1(b) of this subchapter. (b) The owner or the owner's agent shall notify the District Commander or [[Page 17]] Captain of the Port who issue the order, in writing, that the container has been brought into compliance. Upon giving such notice, the owner, or his agent, may return the container to service. [45 FR 37217, June 2, 1980] Sec. 453.7 Appeal provisions. (a) The owner, his agent, or the custodian of a container subject to a detention order or other order, may petition the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard to review that order. (b) The Chief, Office of Operating and Environmental Standards (CG- OES), U.S. Coast Guard requires independent surveys to determine the extent of deficiencies, if necessary. Upon completion of his review, including review of the results of any required independent surveys, the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard affirms, sets aside, or modifies the order. (c) The owner of a container is liable for any costs incident to a petition for review including any independent surveys, and for any other costs incident to or resulting from detention or other control of a container. (d) Unless otherwise determined by the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard, a detention order or other order remains in effect pending the outcome of any petition or appeal of that order. (e) The Chief, Office of Operating and Environmental Standards (CG- OES), U.S. Coast Guard acts on all appeals within ten days of receipt. [45 FR 37217, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58353, Sept. 30, 2004; 77 FR 59790, Oct. 1, 2012] PARTS 454 499 [RESERVED] [[Page 19]] CHAPTER V--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION -------------------------------------------------------------------- Part Page 500 [Reserved] 501 Organization and delegation of powers and duties.................................. 21 509 OMB control numbers for information collection requirements................. 27 510 Information gathering powers................ 28 511 Adjudicative procedures..................... 34 512 Confidential business information........... 60 520 Procedures for considering environmental impacts................................. 68 523 Vehicle classification...................... 85 525 Exemptions from average fuel economy standards............................... 90 526 Petitions and plans for relief under the Automobile Fuel Efficiency Act of 1980.. 94 529 Manufacturers of multistage automobiles..... 96 531 Passenger automobile average fuel economy standards............................... 99 533 Light truck fuel economy standards.......... 107 534 Rights and responsibilities of manufacturers in the context of changes in corporate relationships........................... 117 535 Medium- and heavy-duty vehicle fuel efficiency program...................... 120 536 Transfer and trading of fuel economy credits 180 537 Automotive fuel economy reports............. 187 538 Manufacturing incentives for alternative fuel vehicles........................... 196 541 Federal motor vehicle theft prevention standard................................ 199 542 Procedures for selecting light duty truck lines to be covered by the theft prevention standard..................... 205 543 Exemption from vehicle theft prevention standard................................ 207 545 Federal motor vehicle theft prevention standard phase-in and small-volume line reporting requirements.................. 211 551 Procedural rules............................ 213 [[Page 20]] 552 Petitions for rulemaking, defect, and noncompliance orders.................... 220 553 Rulemaking procedures....................... 224 554 Standards enforcement and defects investigation........................... 236 555 Temporary exemption from motor vehicle safety and bumper standards............. 238 556 Exemption for inconsequential defect or noncompliance........................... 245 557 Petitions for hearings on notification and remedy of defects....................... 247 562 Lighting and marking of agricultural equipment............................... 248 563 Event data recorders........................ 249 564 Replaceable light source and sealed beam headlamp information.................... 258 565 Vehicle identification number (VIN) requirements............................ 262 566 Manufacturer identification................. 274 567 Certification............................... 275 568 Vehicles manufactured in two or more stages--All incomplete, intermediate and final-stage manufacturers of vehicles manufactured in two or more stages...... 283 569 Regrooved tires............................. 286 570 Vehicle in use inspection standards......... 287 571 Federal motor vehicle safety standards...... 297 [[Page 21]] PART 500 [RESERVED] PART 501_ORGANIZATION AND DELEGATION OF POWERS AND DUTIES--Table of Contents Sec. 501.1 Purpose. 501.2 General. 501.3 Organization and general responsibilities. 501.4 Succession to Administrator. 501.5 Exercise of authority. 501.6 Secretary's reservations of authority. 501.7 Administrator's reservations of authority. 501.8 Delegations. Authority: 49 U.S.C. 105 and 322, and delegations of authority at 49 CFR 1.81 and 1.95. Source: 81 FR 5938, Feb. 4, 2016, unless otherwise noted. Sec. 501.1 Purpose. This part describes the organization of the National Highway Traffic Safety Administration (NHTSA), an operating administration within the U.S. Department of Transportation, and provides for the performance of duties imposed on, and the exercise of powers vested in, the Administrator of NHTSA. Sec. 501.2 General. The responsibilities and authorities delegated to NHTSA and the Administrator are set forth in Sec. Sec. 1.81, 1.94, and 1.95 of this title. Sec. 501.3 Organization and general responsibilities. NHTSA consists of a headquarters organization located in Washington, DC, a unified field organization consisting of ten geographic regions with a Regional Office located in each region, the Vehicle Research and Test Center located in East Liberty, Ohio, and the Uniform Tire Quality Grading Test Facility located in San Angelo, Texas. The organization of, and general spheres of responsibility within, NHTSA are as follows: (a) Office of the Administrator--(1) Administrator. (i) Represents the Department and is the principal advisor to the Secretary in all matters related to 49 U.S.C. chapters 301, 303, 321, 323, 325, 327, 329 and 331; 23 U.S.C. chapter 4, except section 409; 23 U.S.C. 153, 154, 158, 161, 163, 164 and 313 (with respect to matters within the primary responsibility of NHTSA); and such other responsibilities and authorities as are delegated by the Secretary of Transportation (49 CFR 1.94 and 1.95); (ii) Establishes NHTSA program policies, objectives, and priorities and directs the development of action plans to accomplish the NHTSA mission; (iii) Directs, controls, and evaluates the organization, program activities, performance of NHTSA staff, program and field offices; (iv) Approves broad legislative, budgetary, fiscal and program proposals and plans; and (v) Takes management actions of major significance, such as those relating to changes in basic organizational structure, appointment of key personnel, allocation of resources, and matters of special political or public interest or sensitivity. (2) Deputy Administrator. Assists the Administrator in discharging responsibilities. Directs and coordinates the Administration's management and operational programs, and related policies and procedures at headquarters and in the field. (3) Executive Director. As the principal advisor to the Administrator and Deputy Administrator, provides direction on internal management and mission support programs. Provides executive direction over the Associate Administrators, Chief Financial Officer, and Chief Information Officer. (4) Director, Office of Civil Rights. As the principal advisor to the Administrator and Deputy Administrator on all matters pertaining to civil rights, serves as Director of Equal Employment Opportunity and of Title VI Compliance (Civil Rights Act of 1964, as amended, and related regulations). Assures agency compliance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and other nondiscrimination statutes, regulations, Executive Orders, and policies. Periodically reviews and evaluates the civil rights programs of State Department of Motor Vehicles and Highway Safety Offices to ensure that recipients of [[Page 22]] NHTSA financial assistance meet applicable Federal civil rights requirements. Monitors the implementation of and compliance with civil rights requirements, investigates complaints of discrimination, conducts compliance reviews, provides technical assistance to recipients of NHTSA financial assistance and stakeholders, and provides assistance to the Office of the Secretary in investigating and adjudicating formal complaints of discrimination. (5) Director, Office of Governmental Affairs, Policy & Strategic Planning. As the principal advisor to the Administrator and Deputy Administrator on all intergovernmental matters, including communications with Congress, communicates agency policy and serves as coordinator on legislative affairs. Also, serves as coordinator of agency policy discussions and activities and communicates with other operating administrations and the Office of Secretary on strategic planning efforts. (6) Director of Communications. As the principal advisor to the Administrator and Deputy Administrator on external communications and information dissemination, serves as coordinator on public affairs. (b) Chief Counsel. As chief legal officer for the Administrator and the Administration, provides general legal services and legal services related to legislative activities; prepares litigation and issues subpoenas; and effects rulemaking actions. (c) Associate Administrators, Chief Financial Officer, and Chief Information Officer--(1) Associate Administrator for Administration. Administers and conducts NHTSA's personnel management activities; initiates and oversees a comprehensive program of administrative support services to meet agency requirements, including development, maintenance, and operation of NHTSA's manuals, notices, and orders, property management, and the purchase, delivery, and administration of a range of supplies, equipment, and other support services; is responsible for administrative operational expenses and working capital fund operations; serves as the agency's technical expert for all administrative activities; and administers an executive correspondence program and maintains policy files for the Administrator and Deputy Administrator. (2) Associate Administrator for Communications and Consumer Information. Represents NHTSA to the general public and others; provides reliable, timely, and accurate traffic safety information to the general public, consumers, partner organizations, and citizens groups through media and public education efforts; and provides scheduling and speechwriting support for the Administrator. (3) Associate Administrator for Enforcement. Directs matters related to the enforcement of motor vehicle safety, fuel economy, theft prevention, damageability, consumer information, and odometer laws and regulations; conducts testing, inspection, and investigation necessary for the identification and correction of safety-related defects in motor vehicles and motor vehicle equipment; and ensures recalls of noncomplying and defective vehicles and motor vehicle equipment are effective and are conducted in accordance with Federal law and regulations. (4) Associate Administrator for National Center for Statistics and Analysis. Provides the data, analysis, and evaluation to support determination of the nature, causes, and injury outcomes of motor vehicle traffic crashes, the strategies and interventions that will reduce crashes and their consequences, and the potential impact, costs, and benefits of highway safety programs and regulatory activities; targets the collection and analysis of data and the dissemination of information to identify potential highway safety problems, evaluate expected program and regulatory impact and actual goal achievement, and support data driven decisions; and identifies, advances, and promotes new methodologies, technologies, systems, and procedures that improve the completeness, accuracy, timeliness, and accessibility of data collection, analysis, and evaluation. (5) Associate Administrator for Regional Operations and Program Delivery. Directs the management of State and community highway safety programs; administers and coordinates all Regional activities, including activities [[Page 23]] having a headquarters-regional interface; develops, reviews, implements, and coordinates related programs, policies, and procedures; and coordinates with the Federal Highway Administration, the Federal Motor Carrier Safety Administration, and other Federal agencies on traffic safety programs, as appropriate. (6) Associate Administrator for Research and Program Development. Administers traffic safety programs and provides national leadership and technical assistance to States, local communities, national organizations, and other partners in the identification, research, planning, development, demonstration, implementation, evaluation, and dissemination of highway safety programs designed to prevent or reduce traffic-related crashes and the resulting deaths, injuries, property damage, and associated costs. Coordinates with the Federal Highway Administration, the Federal Motor Carrier Safety Administration, and other Federal agencies on traffic safety programs, as appropriate. (7) Associate Administrator for Rulemaking. Develops and promulgates Federal standards dealing with motor vehicle safety, theft prevention, consumer information, the National Driver Register, and fuel economy, and directs programs relating to bumper standards, safety performance standards, and other regulations for new and used motor vehicles and equipment, including tires. Develops and conducts the New Car Assessment Program. (8) Associate Administrator for Vehicle Safety Research. Develops and conducts research, development, test, and evaluation programs and projects necessary to support consumer information programs, guidelines, industry voluntary standards, and Federal motor vehicle regulations; manages the facilities and programs related to these activities; and conducts crash data analyses in defining safety problems. (9) Chief Financial Officer. Administers the agency planning and budget activities in coordination with the Department of Transportation, the Office of Management and Budget, and Congress; assures the appropriate development of budget requests and the subsequent execution of operating budgets within the agency to meet all programmatic requirements; conducts all necessary accounting transactions to assure full and accurate accountability for all financial resources of the agency; initiates and oversees a comprehensive program of acquisition support for agency buying and supplier requirements, including acquisition planning, purchasing, payments, and administration; facilitates, coordinates, tracks, and monitors all external audits, reviews, and other oversight activities of agency programs, finances, transactions, or activities--working closely with responsible program and operational officials; facilitates and oversees the agency travel program, including the administration and operation of the travel management system, the travel card program, and the provision of travel management advice and guidance; and serves as the agency's technical expert for all financial management activities. (10) Chief Information Officer. Administers all NHTSA Information Technology functions and needs to ensure that IT resources are effectively acquired and managed to maximize mission performance and return on IT investments. Sec. 501.4 Succession to Administrator. (a) The Deputy Administrator is the ``first assistant'' to the Administrator for purposes of the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345-3349d) and shall, in the event the Administrator dies, resigns, or is otherwise unable to perform the functions and duties of the office, serve as the Acting Administrator, subject to the limitations established by law. (b) In the event both the Administrator and the Deputy Administrator die, resign, and/or are otherwise unable to perform the functions and duties of their respective offices, or in the event that both positions are vacant, the following officials, subject to paragraph (c) and in the order indicated, shall serve as Acting Deputy Administrator and shall perform the functions and duties of the Administrator, except for any non-delegable statutory and/or regulatory functions and duties: (1) The Chief Counsel; (2) The Executive Director; [[Page 24]] (3) Further officials as may be designated in an internal order on succession. (c) In order to qualify for the line of succession, officials must be encumbered in their position on a permanent basis. Sec. 501.5 Exercise of authority. (a) All authorities lawfully vested in and reserved to the Administrator in this title, part, or other NHTSA regulation or directive may be exercised by the Deputy Administrator and, in the absence or disability of both officials, by the Chief Counsel, unless specifically prohibited by statute, regulation, or order. (b) In exercising the powers and performing the duties delegated by this part, officers of NHTSA and their delegates are governed by applicable laws, executive orders, regulations, and other directives, and by policies, objectives, plans, standards, procedures, and limitations as may be issued from time to time by or on behalf of the Secretary of Transportation, the Administrator, the Deputy Administrator, the Chief Counsel, and the Executive Director or, with respect to matters under their jurisdiction, by or on behalf of the Associate Administrators, the Regional Administrators, and the Directors of Staff Offices. (c) Each officer to whom authority is delegated by this part may redelegate and authorize successive redelegations of that authority subject to any conditions the officer prescribes. (d) Each officer to whom authority is delegated will administer and perform the functions described in the officer's respective functional statements. Sec. 501.6 Secretary's reservations of authority. The authorities reserved to the Secretary of Transportation are set forth in Sec. 1.21 of this title. Sec. 501.7 Administrator's reservations of authority. The delegations of authority in this part do not extend to the following authority, which is reserved to the Administrator, except when exercised pursuant to Sec. Sec. 501.4 and 501.5(a): (a) The authority under 23 U.S.C. chapter 4 (except section 403) and any uncodified provision of law to apportion authorization amounts and distribute obligation limitations or award grants to States for highway safety programs or other highway safety purposes; (b) The authority to issue, amend, or revoke uniform State highway safety guidelines and rules identifying highly effective highway safety programs under 23 U.S.C. 402; (c) The authority to fix the rate of compensation for non-government members of agency sponsored committees which are entitled to compensation. (d) The authority under 49 U.S.C. chapter 301 to: (1) Issue, amend, or revoke final Federal motor vehicle safety standards and regulations; (2) Make final decisions concerning alleged safety-related defects and noncompliances with Federal motor vehicle safety standards; (3) Grant or renew temporary exemptions from Federal motor vehicle safety standards; and (4) Grant or deny appeals from determinations upon a manufacturer's petition for decision of inconsequential defect or noncompliance and exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 in connection with a defect or noncompliance. (e) The authority under 49 U.S.C. chapters 303, 321, 323, 325, and 329 (except section 32916(b)) to: (1) Issue, amend, or revoke final rules and regulations; and (2) Assess civil penalties and approve manufacturer fuel economy credit plans under chapter 329. (f) The authority to carry out, in coordination with the Federal Motor Carrier Safety Administrator, the authority vested in the Secretary by 49 U.S.C. chapter 311 subchapter III, to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture when the standards are based upon and similar to a Federal Motor Vehicle Safety Standard promulgated, either simultaneously or previously, under 49 U.S.C. chapter 301. [[Page 25]] Sec. 501.8 Delegations. (a) Deputy Administrator. The Deputy Administrator is delegated authority to act for the Administrator, except where specifically limited by law, order, regulation, or instructions of the Administrator. The Deputy Administrator is delegated authority to assist the Administrator in providing executive direction to all organizational elements of NHTSA. (b) Executive Director. The Executive Director is delegated line authority for executive direction over the Associate Administrators, the Chief Financial Officer, and the Chief Information Officer. (c) Director, Office of Civil Rights. The Director, Office of Civil Rights is delegated authority to: (1) Serve as the Director of Equal Employment Opportunity. (2) Serve as the compliance coordinator for: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as amended, and related regulations; (ii) Section 504 of the Rehabilitation Act of 1973; (iii) The Americans with Disabilities Act (ADA); and (iv) Other nondiscrimination statutes, regulations, Executive Orders, and policies. (3) Investigate complaints of civil rights discrimination, conduct compliance reviews, and provide technical assistance to recipients of NHTSA financial assistance and stakeholders. (4) Review and evaluate the civil rights programs of State Department of Motor Vehicles and Highway Safety Offices to ensure that recipients of NHTSA financial assistance meet applicable Federal civil rights requirements. (d) Chief Counsel. The Chief Counsel is delegated authority to: (1) Exercise the powers and perform the duties of the Administrator with respect to: (i) Issuing odometer regulations authorized under 49 U.S.C. chapter 327. (ii) Providing technical assistance and granting extensions of time to the states under 49 U.S.C. 32705. (iii) Granting or denying petitions for approval of alternate motor vehicle mileage disclosure requirements under 49 U.S.C. 32705. (2) Establish the legal sufficiency of all investigations and enforcement actions conducted under the authority of 49 U.S.C. chapters 301, 303, 321, 323, 325, 327, 329 and 331; to make an initial penalty demand based on a violations of any of these chapters; and to compromise: (i) Any civil penalty imposed under 49 U.S.C. 30165 in an amount of $1,000,000 or less. (ii) Any civil penalty or monetary settlement other than those imposed under 49 U.S.C. 30165 in an amount of $100,000 or less. (3) Exercise the powers of the Administrator under 49 U.S.C. 30166(c), (g), (h), (i), and (k). (4) Issue subpoenas, after notice to the Administrator, for the attendance of witnesses and production of documents pursuant to 49 U.S.C. chapters 301, 321, 323, 325, 327, 329 and 331. (5) Issue authoritative interpretations of the statutes administered by NHTSA and the regulations issued by the agency. (6) Administer 5 U.S.C. 552 (FOIA) and 49 CFR part 7 (Public Availability of Information) in connection with the records of NHTSA. (7) Administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR part 10 (Maintenance of and Access to Records Pertaining to Individuals) in connection with the records of NHTSA. (8) Carry out the functions and exercise the authority vested in the Secretary for 23 U.S.C. 313 (Buy America), with respect to matters within the primary responsibility of NHTSA. (e) Associate Administrator for Administration. The Associate Administrator for Administration is delegated authority to administer and conduct NHTSA's personnel management activities; conduct administrative and management services in support of NHTSA missions and programs; and administer an executive correspondence program. (f) Associate Administrator for Communications and Consumer Information. The Associate Administrator for Communications and Consumer Information is [[Page 26]] delegated authority to manage and coordinate market research, planning coordination, development, and promotion of public education campaigns for both paid media and unpaid public services to support program efforts; develop overall agency messaging and communications strategies in support of program initiatives; and develop agency policies on messaging and communications procedures and processes. (g) Associate Administrator for Enforcement. The Associate Administrator for Enforcement is delegated authority to administer the NHTSA enforcement program for all laws, standards, and regulations pertinent to vehicle safety, fuel economy, theft prevention, damageability, consumer information, and odometers, authorized under 49 U.S.C. chapters 301, 323, 325, 327, 329, and 331; conduct testing, inspection, and investigation necessary for the identification and correction of safety-related defects in motor vehicles and motor vehicle equipment and noncompliances with Federal motor vehicle safety standards; make initial decisions concerning alleged safety-related defects and noncompliances with Federal motor vehicle safety standards; grant or deny a manufacturer's petition for decision of inconsequential defect or noncompliance and exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 in connection with a defect or noncompliance; issue regulations relating to the importation of motor vehicles under 49 U.S.C. 30141-30147; and grant and deny petitions for import eligibility determinations submitted to NHTSA by motor vehicle manufacturers and registered importers under 49 U.S.C. 30141. (h) Associate Administrator for National Center for Statistics and Analysis. The Associate Administrator for National Center for Statistics and Analysis is delegated authority to provide the data, analysis, and evaluation and create and maintain information systems necessary to support the purposes of 49 U.S.C. chapters 301, 303, 323, 325, 327, 329, and 331, 23 U.S.C. chapter 4, any uncodified provisions of law related to such issues, and any cross-cutting safety initiatives; to develop, maintain, and operate the National Driver Register and a nationwide clearinghouse of problem drivers; and to support State integrated highway and traffic records safety information systems. (i) Associate Administrator for Regional Operations and Program Delivery. The Associate Administrator for Regional Operations and Program Delivery is delegated authority, except for authority reserved to the Administrator, to exercise the powers and perform the duties of the Administrator with respect to grants to States for highway safety programs or other State programs under 23 U.S.C. chapter 4 (except section 403) and uncodified provisions of law, including approval and disapproval of State highway safety plans and vouchers, in accordance with the procedural requirements of the Administration. The Associate Administrator for Regional Operations and Program Delivery is also delegated authority over programs with respect to the authority vested by section 210(2) of the Clean Air Act, as amended (42 U.S.C. 7544(2)); the authority vested by 49 U.S.C. 20134(a) with respect to laws administered by NHTSA pertaining to highway, traffic, and motor vehicle safety, in coordination with the Associate Administrator for Research and Program Development; the authority vested by 23 U.S.C. 153, 154, 158, 161, 163, and 164, in coordination with the Federal Highway Administrator as appropriate; and the authority vested by 23 U.S.C. 404, in coordination with the Associate Administrator for Communications and Consumer Information. (j) Associate Administrator for Research and Program Development. The Associate Administrator for Research and Program Development is delegated authority to develop and conduct research and development programs and projects necessary to support the purposes of 23 U.S.C. chapter 4, any uncodified provisions of law related to that chapter, and cross-cutting safety initiatives; conduct research and development activities described or specifically enumerated in 23 U.S.C. 403; carry out the functions and exercise the authority vested in the Secretary and Administrator under section 10202 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law 109- 59 [42 U.S.C. 300d-4], as amended by section 31108 of [[Page 27]] the Moving Ahead for Progress in the 21st Century Act, Public Law 112- 141, relating to emergency medical services, except for authority reserved to the Secretary under Sec. 1.21 or the Administrator under Sec. 501.7; and exercise the authority vested by 49 U.S.C. 20134(a) with respect to laws administered by NHTSA pertaining to highway, traffic, and motor vehicle safety, in coordination with the Associate Administrator for Regional Operations and Program Delivery. (k) Associate Administrator for Rulemaking. The Associate Administrator for Rulemaking is delegated authority, except for authority reserved to the Administrator or delegated to the Chief Counsel, to exercise the powers and perform the duties of the Administrator with respect to the setting of motor vehicle safety and theft prevention standards, fuel economy standards, procedural regulations, the National Driver Register, and the development of consumer information and odometer regulations authorized under 49 U.S.C. chapters 301, 303, 321, 323, 325, 327, 329, and 331, and any uncodified provisions of law related to such issues. The Associate Administrator for rulemaking is also delegated authority to perform activities that support the development of these regulations and standards; extend comment periods (both self-initiated and in response to a petition or request for extension of time) for noncontroversial rulemakings; make technical amendments or corrections to a final rule; extend the effective date of a noncontroversial final rule; and develop and conduct the New Car Assessment Program. (l) Associate Administrator for Vehicle Safety Research. The Associate Administrator for Vehicle Safety Research is delegated authority to develop and conduct research, development, test, and evaluation programs and projects necessary to support the purposes of 49 U.S.C. chapters 301, 323, 325, 327, 329, and 331, any uncodified provisions of law related to such issues, and any cross-cutting safety initiatives. (m) Chief Financial Officer. The Chief Financial Officer is delegated authority to direct the NHTSA planning and evaluation system in conjunction with Departmental requirements and planning goals; coordinate the development of the Administrator's plans, budgets, and programs, and analyses of their expected impact; exercise procurement authority with respect to NHTSA requirements; administer NHTSA financial management programs, including systems of funds control and accounts of all financial transactions; and enter into inter- and intra-departmental reimbursable agreements other than with the head of another Department or agency, provided that this authority to enter into such agreements may be redelegated only to Office Directors and Contracting Officers. (n) Chief Information Officer. The Chief Information Officer is delegated authority to formulate IT policy, guidance, procedures, security, and best practices; implement an IT capital planning program, an integrated Enterprise Architecture program, and a mission information protection program that ensures privacy, security, and critical infrastructure protection for NHTSA systems and data; and provide for other NHTSA IT functions to support the agency's mission, performance goals, and objectives. PART 509_OMB CONTROL NUMBERS FOR INFORMATION COLLECTION REQUIREMENTS-- Table of Contents Sec. 509.1 Purpose. 509.2 Display. Authority: 44 U.S.C. 3507. Sec. 509.1 Purpose. This part collects and displays the control numbers assigned to information collection requirements of NHTSA by the Office of Management and Budget (OMB). NHTSA intends that this part comply with the requirements of 44 U.S.C. 3507(f), which mandates that agencies display a current control number assigned by the Director of the OMB for each agency information collection requirement. [48 FR 51310, Nov. 8, 1983] [[Page 28]] Sec. 509.2 Display. ------------------------------------------------------------------------ 49 CFR part or section containing information collection OMB control requirement No. ------------------------------------------------------------------------ Part 512................................................... 2127-0025 Part 537................................................... 2127-0019 Part 538................................................... 2127-0554 Part 541................................................... 2127-0510 Part 542................................................... 2127-0539 Part 543................................................... 2127-0542 Part 544................................................... 2127-0547 Section 551.45............................................. 2127-0040 Part 552 and Part 527...................................... 2127-0046 Part 556................................................... 2127-0045 Part 557................................................... 2127-0039 Part 566................................................... 2127-0043 Consolidated owners' manual requirements for vehicles and 2127-0541 equipment (Sec. Sec. 571.126, 571.205 571.208, 571.210, and 575.105).............................................. Consolidatd labeling requirements for tires and rims (parts 2127-0503 569 and 574, Sec. Sec. 571.109, 571.110, 571.117, 571,119, and 571.120)..................................... Consolidated VIN and Theft Prevention Standard and Labeling 2127-0510 Requirements (parts 541, 565, 567 and Sec. 571.115)..... Consolidated lighting requirements (part 564 and Sec. 2127-0563 571.108).................................................. Section 571.106............................................ 2127-0052 Section 571.116............................................ 2127-0521 Section 571.125............................................ 2127-0506 Section 571.205............................................ 2127-0038 Section 571.209............................................ 2127-0512 Section 571.213............................................ 2127-0511 Section 571.214............................................ 2127-0558 Section 571.217............................................ 2127-0505 Section 571.218............................................ 2127-0518 Part 573................................................... 2127-0004 Part 574................................................... 2127-0050 Part 575 excluding UTQGS................................... 2127-0049 Section 575.104 (UTQGS).................................... 2127-0519 Part 576................................................... 2127-0042 Part 580................................................... 2127-0047 Part 585................................................... 2127-0535 Parts 591 and 592.......................................... 2127-0002 ------------------------------------------------------------------------ [57 FR 21215, May 19, 1992] PART 510_INFORMATION GATHERING POWERS--Table of Contents Sec. 510.1 Scope and purpose. 510.2 Definitions. 510.3 Compulsory process, the service thereof, claims for confidential treatment, and terms of compliance. 510.4 Subpoenas, generally. 510.5 Information gathering hearings. 510.6 Administrative depositions. 510.7 General or special orders. 510.8 Written requests for the production of documents and things. 510.9 Motions to modify, limit, or quash process. 510.10 Supplementation of responses to process. 510.11 Fees. 510.12 Remedies for failure to comply with compulsory process. Authority: Secs. 112 and 119, National Traffic and Motor Vehicle Safety Act 1966, as amended (15 U.S.C. 1401 and 1407); secs. 104, 204, 414, and 505, Motor Vehicle Information and Cost Savings Act, as amended (15 U.S.C. 1914, 1944, 1990d, and 2005); delegation of authority (49 CFR 1.51). Source: 45 FR 29042, May 1, 1980, unless otherwise noted. Sec. 510.1 Scope and purpose. This rule governs the use of the information gathering powers of the National Highway Traffic Safety Administration contained in section 112 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended 15 U.S.C. 1401, and sections 104, 204, 414, and 505 of the Motor Vehicle Information and Cost Savings Act, as amended 15 U.S.C. 1914, 1944, 1990d, and 2005. Sec. 510.2 Definitions. (a) NHTSA means the National Highway Traffic Safety Administration. (b) Administrator means the Administrator of the National Highway Traffic Safety Administration. (c) Chief Counsel means the Chief Counsel of the National Highway Traffic Safety Administration. (d) Deputy Administrator means the Deputy Administrator of the National Highway Traffic Safety Administration. (e) Person includes agents, officers, and employees of sole proprietorships, partnerships, corporations, and other entities. [45 FR 29042, May 1, 1980; 45 FR 32001, May 15, 1980] Sec. 510.3 Compulsory process, the service thereof, claims for confidential treatment, and terms of compliance. (a) NHTSA may use any of the following means to conduct investigations, inspections, or inquiries to obtain information to carry out its functions under the National Traffic and Motor Vehicle Safety Act of 1966, as amended, 15 U.S.C. 1381 et seq., and the Motor Vehicle Information and Cost Savings Act, as amended, 15 U.S.C. 1901 et seq.: (1) Subpoenas; (2) Information gathering hearings; (3) Administrative depositions; (4) General or special orders; and [[Page 29]] (5) Written requests for the production of documents and things. (b) A person, sole proprietorship, partnership, corporation, or other entity served with compulsory process under this part shall be provided with the following information at the time of the service: (1) The name of the person, sole proprietorship, partnership, corporation, or other entity to which the process is addressed; (2) The statutory provision under which the compulsory process is issued; (3) The date, time, and place of return; (4) A brief statement of the subject matter of the investigation, inspection, or inquiry; and (5) In the case of a subpoena duces tecum or a written request for the production of documents and things, a reasonably specific description of the documents or things to be produced. (c) Service of the compulsory processes specified in paragraph (a) of this section is effected: (1) By personal service upon the person, agent-in-charge, or agent designated to receive process under 15 U.S.C. 1399(e) of the sole proprietorship, partnership, corporation or other entity being investigated, inspected, or inquired of; or (2) By mail (registered or certified) or delivery to the last known residence or business address of such person or agent. (d) The date of service of any compulsory process specified in paragraph (a) of this section is the date on which the process is mailed by the agency, or delivered in person, as the case may be. Whenever a period is prescribed for compliance with compulsory process, and the process is served upon the party by mail, 3 days are added to the period. (e)(1) Any person, sole proprietorship, partnership, corporation, or other entity submitting information or producing documents or things in response to any compulsory process issued under this part may request confidential treatment for all or part of that information or for those documents or things. (2)(i) Except as provided in paragraph (e)(2)(ii) of this section, requests for confidentiality shall be in writing, and addressed to the Chief Counsel. (ii) Requests for confidentiality made during an information gathering hearing or an administrative deposition may be made orally to the presiding officer. Any oral request for confidentiality shall be supplemented by a written request, and this written request must be addressed to the Chief Counsel and received by NHTSA within five days of the date of the oral request. (iii) A written request for confidentiality under paragraph (e) of this section shall specify the information, documents, or things which are to be kept confidential, specify the grounds upon which the claim is based, provide such information as may be necessary to permit the NHTSA to determine whether the claim is valid, and specify the period of time for which confidential treatment is requested. (f) The Chief Counsel, or his or her delegate, is authorized to negotiate and approve the terms of satisfactory compliance with any compulsory process issued under this part. Sec. 510.4 Subpoenas, generally. NHTSA may issue to any person, sole proprietorship, partnership, corporation, or other entity a subpoena requiring the production of documents or things (subpoena duces tecum) and testimony of witnesses (subpoena ad testificandum), or both, relating to any matter under investigation or the subject of any inquiry. Subpoenas are issued by the Chief Counsel. When a person, sole proprietorship, partnership, corporation, or other entity is served with a subpoena ad testificandum under this part, the subpoena will describe with reasonable particularity the matters on which the testimony is required. In response to a subpoena ad testificandum, the sole proprietorship, partnership, corporation, or other entity so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and set forth, for each person designated, the matters on which he or she will testify. The persons so designated shall testify as to matters [[Page 30]] known or reasonably available to the entity. [53 FR 26261, July 12, 1988] Sec. 510.5 Information gathering hearings. (a) NHTSA may issue a subpoena to compel any person, sole proprietorship, partnership, corporation, or other entity to provide information at an information gathering hearing. The subpoenas are used for the purpose of obtaining testimony from a witness under oath and obtaining relevant documents and things. The Administrator, or a NHTSA employee designated by the Administrator, presides at the hearing. Information gathering hearings are open to the public unless the presiding officer rules otherwise, and the hearings are stenographically reported. (b) In addition to the presiding officer, one or more other persons may comprise the panel. Each member of the panel may question any witness at the hearing. No person who is not a member of the panel may ask questions of a witness. However, any person may submit to the panel, in writing, proposed questions to be asked of a witness. A member of the panel may pose these questions to the witness if that member deems the questions useful and appropriate. Proposed questions may be submitted to the panel at any time before or during the course of the hearing. (c) The stenographic record of each witness's testimony will be available to the public, unless the testimony was not given publicly and the witness requests confidential treatment for some or all of his or her testimony. When an oral request for confidential treatment is made during the course of a witness's testimony, the presiding officer may order the hearing closed to the public at that point and continue the questioning of the witness, or may note the request for confidentiality and direct the witness not to answer the question at that time, but require the witness to answer the question in writing within some specified period, or take such other action as the presiding officer deems appropriate. If a request for confidential treatment is made, the release of the record is governed by the applicable laws or regulations relating to the handling of allegedly confidential information. To the extent that some or all of a witness's testimony is not publicly available, that witness may procure a copy of his or her testimony as recorded upon payment of lawfully prescribed costs. (d)(1) Any person who is required by subpoena or designated by an entity that is required by subpoena to provide information at an information gathering hearing conducted under this section may be accompanied, represented, and advised by counsel. Any member of the bar of a Federal court or the courts of any State or Territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, and any representative, official, or employee of the sole proprietorship, partnership, corporation or other entity under subpoena may act as counsel. (2) A witness appearing in response to subpoena may confer in confidence with his or her counsel or representative concerning any questions asked of the witness. If such witness, counsel, or representative objects to a question, he or she shall state the objection and basis therefor on the record. (e) The presiding officer at an information gathering hearing takes all necessary action to regulate the course of the hearing, to avoid delay, and to assure that reasonable standards of orderly and ethical conduct are maintained. In any case in which counsel for or a representative of a witness has refused to comply with the presiding officer's directions, or to adhere to reasonable standards of orderly and ethical conduct in the course of a hearing, the presiding officer states on the record the reasons given, if any, for the refusal and, if the presiding officer is someone other than the Administrator, immediately reports the refusal to the Administrator. The Administrator thereupon takes such action as the circumstances warrant. (f) Where appropriate, the procedures established in this subsection may be utilized in informal hearings conducted by NHTSA pursuant to its authority under sections 152 and 156 of the Safety Act (15 U.S.C. 1412, 1416) to receive data, views and arguments concerning alleged safety- related defects. The [[Page 31]] rights accorded to witnesses in this subsection may also be accorded to witnesses who appear voluntarily at such hearings. Sec. 510.6 Administrative depositions. (a) NHTSA may issue a subpoena to compel any person, sole proprietorship, partnership, corporation, or other entity to provide information as a witness at an administrative deposition. These depositions are for the purpose of obtaining information from the witness under oath and receiving documents and things relevant to an agency investigation. These depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the deposition is taken. Unless otherwise ordered by the Administrator, administrative depositions are closed to the public. (b) Any person who is required by subpoena or designated by an entity that is required by subpoena to produce documents or things or to give testimony as a witness at an administrative deposition conducted under this section may be accompanied, represented, and advised by counsel. Any member of the bar or a Federal court or the courts of any State or Territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia and any representative, official, or employee of the person, sole proprietorship, partnership, corporation, or other entity under subpoena may act as counsel. (c) During an administrative deposition: (1) The presiding officer before whom the deposition is to be taken puts the witness on oath and personally, or by someone acting under his or her direction and in his or her presence, records the testimony of the witness. The testimony is stenographically reported. (2) After NHTSA has examined the witness at the deposition, that witness' counsel or representative may examine the witness. NHTSA may then reexamine the witness and the witness' counsel or representative may reexamine the witness and so forth, as appropriate. (3) A witness appearing in response to a subpoena may confer in confidence with his or her counsel or representative concerning any questions asked of the witness. If such witness, counsel, or representative objects to a question, he or she shall state the objection and the basis therefor on the record. (4) Objections to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, and any other objection to the proceedings shall be noted by the officer on the record, and shall be treated as continuing. Evidence objected to shall be taken subject to the objections. Errors and irregularities occurring at a deposition in the manner of the taking of the deposition, in the form of questions or answers, or in the oath or affirmation, and errors of any kind which might be obviated, removed, or cured if promptly presented shall be deemed to be waived unless reasonable objection is made thereto at the taking of the deposition. (5) If the witness refuses to answer any question or answers evasively, or if the witness or his or her counsel engages in conduct likely to delay or obstruct the administrative deposition, such refusal, evasive answer or conduct shall be a failure to comply with the subpoena issued to the witness. (6) Upon completion of the examination of a witness, the witness may clarify on the record any of his or her answers. (d) The transcript of the testimony of a witness who testified in response to a subpoena at an administrative deposition is submitted to the witness for signature, unless the witness waives the right to sign the transcript. If a witness desires to make any changes in the form or substance contained in the transcript, the witness shall submit, together with the transcript, a separate document setting forth the changes and stating the reasons for such changes. If the deposition is not signed by the witness within 30 days of its submission to the witness, or such other period as the NHTSA may designate, the officer before whom the deposition was taken or a NHTSA employee signs the transcript and states on the record the fact of the waiver of [[Page 32]] the right to sign or the fact of the witness' unavailability or inability or refusal to sign together with the reasons, if any, given therefor. (e) The transcript of the testimony of a witness will be inspected by NHTSA to determine if there are any errors in the transcription of the questions posed to the witness and the testimony in response to those questions. If NHTSA discovers any errors, it notes that fact and forwards the notation of errors together with the transcript to the witness, requesting the witness to stipulate that the transcript is in error and that the corrections made by NHTSA are accurate. If the witness will not make this stipulation, NHTSA may make a motion to the presiding officer to include its notation of error and its corrections in the record along with the version of the testimony signed by the witness. (f)(1) Upon payment of lawfully prescribed costs, any person who is required by subpoena or designated by a sole proprietorship, partnership, corporation, or other entity that is required by subpoena to appear as a witness at an administrative deposition may procure a copy of the deposition as recorded, except that in a nonpublic investigatory proceeding, the witness may, for good cause, be limited to an inspection of the record of the deposition. (2) A copy of the record of the deposition may be furnished to the witness without charge or at a reduced charge if the Associate Administrator for Administration determines that waiver of the fee is in the public interest because furnishing the copy can be considered as primarily benefitting the general public. Any witness who seeks a waiver of the copying charge may apply in writing to the Associate Administrator for Administration, and shall state the reasons justifying waiver of the fee in the application. (g) The testimony obtained in an adminstrative deposition may be used or considered by the NHTSA in any of its activities, and may be used or offered into evidence in any administrative proceeding in accordance with the provisions of 5 U.S.C. 554, or in any judicial proceeding. Sec. 510.7 General or special orders. The NHTSA may require by the issuance of general or special orders any person, sole proprietorship, partnership, corporation, or other entity to file with the NHTSA, in such form as NHTSA may prescribe, periodic or special reports or answers in writing to specific questions. The responses to general or special orders will provide NHTSA with such information as it may require, including, but not limited to, information relating to the organization of that person, sole proprietorship, partnership, corporation, or other entity, its business, conduct, practices, management, and relation to any other person or entity. General or special orders which are required to be answered under oath are issued by the Chief Counsel. Any general or special order issued under this section contains the information specified in Sec. 510.3(b). Reports and answers filed in response to general or special orders must be made under oath, or otherwise, as NHTSA may prescribe. Sec. 510.8 Written requests for the production of documents and things. The NHTSA may, by the issuance of a written request for the production of documents and things, require any person, sole proprietorship, partnership, corporation, or other entity to produce documents or things. A written request for the production of documents and things may be issued alone, or as a part of a general or special order issued under Sec. 510.7. Written requests for the production of documents and things are issued by the Chief Counsel. Any written request for the production of documents and things issued under this section shall contain the information specified in Sec. 510.3(b). Sec. 510.9 Motions to modify, limit, or quash process. (a)(1) Any person, sole proprietorship, partnership, corporation, or other entity served with a subpoena issued under Sec. 510.4 may file with the Deputy Administrator a motion to modify, limit, or quash that subpoena. If there is no Deputy Administrator, or the Deputy Administrator is not available, such motions shall be filed with and decided [[Page 33]] by the Associate Administrator for Administration. A motion to modify, limit, or quash must be filed not later than 15 days after the service of the process or five days before the return date specified in the process, whichever is earlier, except that, if the process is served within five days of its return date, such motion may be filed at any time before the return date. Any motion must set forth the grounds and theories of why and how the party believes the process should be modified, limited, or quashed and must contain all facts and arguments which support those grounds and theories. (2) The Deputy Administrator may, upon receiving a motion filed pursuant to paragraph (a)(1) of this section: (i) Deny the motion; (ii) Modify the return date of the subpoena; (iii) Modify, limit or quash the subpoena; (iv) Condition granting the motion upon certain requirements; or (v) Take any other action he or she believes to be appropriate in the circumstances. (3) The Office of the Deputy Administrator serves the decision on the motion on the moving party or the counsel or representative of the moving party. This service may be made by personal service, by registered or certified mail, or by reading a copy of the decision to the moving party or the counsel or representative of the moving party. (4) A denial of any motion properly filed under this section shall be in writing, and shall contain a brief statement of the facts involved and the conclusions drawn from those facts by the Deputy Administrator. (b) The Deputy Administrator's decision on the motion to modify, limit, or quash, filed under paragraph (a) of this section is not subject to reconsideration by NHTSA. Sec. 510.10 Supplementation of responses to process. (a) A person, sole proprietorship, partnership, corporation, or other entity which has provided NHTSA with information under this part, which information was complete and accurate at the time the information was given to NHTSA, is not required to supplement that information in the light of after acquired information, except: (1) The person or entity to whom the process is addressed shall supplement the response with respect to any question directly addressed to the identity and location of persons having knowledge of information obtainable under this part. (2) The person or entity to whom the process is addressed shall seasonably amend a prior response if that person or entity obtains information upon the basis of which the person or entity knows that the response was incorrect when made or the person or entity knows that the response, though correct when made, is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment. (b) The requirement to supplement information set forth in paragraph (a) of this section terminates when: (1) The compulsory process stated that it was issued in connection with a contemplated rulemaking action, and a final rule is issued on that subject or a notice is issued announcing that the rulemaking action has been suspended or terminated. (2) The compulsory process stated that it was issued in connection with an enforcement investigation, and the investigation is closed. (3) The compulsory process does not state that it is issued in connection with a specific rulemaking action or enforcement investigation, and 18 months have passed since the date of the original response. (c) This section in no way limits NHTSA's authority to obtain supplemental information by specific demands through the means specified in Sec. 510.3. Sec. 510.11 Fees. Any person compelled to appear in person in response to a subpoena issued under this part at an information gathering hearing or an administrative deposition is paid the same attendance and mileage fees as are paid witnesses in the courts of the United States, in accordance with title 28, U.S.C., section 1821. [[Page 34]] Sec. 510.12 Remedies for failure to comply with compulsory process. Any failure to comply with compulsory process authorized by law and issued under this part is a violation of this part. In the event of such failure to comply, NHTSA may take appropriate action pursuant to the authority conferred by the National Traffic and Motor Vehicle Safety Act or the Motor Vehicle Information and Cost Savings Act, as appropriate, including institution of judicial proceedings to enforce the order and to collect civil penalties. PART 511_ADJUDICATIVE PROCEDURES--Table of Contents Subpart A_Scope of Rules; Nature of Adjudicative Proceedings, Definitions Sec. 511.1 Scope of the rules. 511.2 Nature of adjudicative proceedings. 511.3 Definitions. Subpart B_Pleadings; Form; Execution; Service of Documents 511.11 Commencement of proceedings. 511.12 Answer. 511.13 Amendments and supplemental pleadings. 511.14 Form and filing of documents. 511.15 Time. 511.16 Service. 511.17 Public participation. 511.18 Joinder of proceedings. Subpart C_Prehearing Procedures; Motions; Interlocutory Appeals; Summary Judgment; Settlement 511.21 Prehearing conferences. 511.22 Prehearing briefs. 511.23 Motions. 511.24 Interlocutory appeals. 511.25 Summary decision and order. 511.26 Settlement. Subpart D_Discovery; Compulsory Process 511.31 General provisions governing discovery. 511.32 Written interrogatories to parties. 511.33 Production of documents and things. 511.34 Requests for admission. 511.35 Testimony upon oral examination. 511.36 Motions to compel discovery. 511.37 Sanctions for failure to comply with order. 511.38 Subpoenas. 511.39 Orders requiring witnesses to testify or provide other information and granting immunity. Subpart E_Hearings 511.41 General rules. 511.42 Powers and duties of Presiding Officer. 511.43 Evidence. 511.44 Expert witnesses. 511.45 In camera materials. 511.46 Proposed findings, conclusions, and order. 511.47 Record. 511.48 Official docket. 511.49 Fees. Subpart F_Decision 511.51 Initial decision. 511.52 Adoption of initial decision. 511.53 Appeal from initial decision. 511.54 Review of initial decision in absence of appeal. 511.55 Final decision on appeal or review. 511.56 Reconsideration. 511.57 Effective date of order. Subpart G_Settlement Procedure in Cases of Violation of Average Fuel Economy Standards 511.61 Purpose. 511.62 Definitions. 511.63 Criteria for settlement. 511.64 Petitions for settlement; timing, contents. 511.65 Public comment. 511.66 Confidential business information. 511.67 Settlement order. Subpart H_Appearances; Standards of Conduct 511.71 Who may make appearances. 511.72 Authority for representation. 511.73 Written appearances. 511.74 Attorneys. 511.75 Persons not attorneys. 511.76 Qualifications and standards of conduct. 511.77 Restrictions as to former members and employees. 511.78 Prohibited communications. Appendix I to Part 511--Final Prehearing Order Authority: 15 U.S.C. 2002; delegation of authority at 49 CFR 1.50. Source: 45 FR 81578, Dec. 11, 1980, unless otherwise noted. [[Page 35]] Subpart A_Scope of Rules; Nature of Adjudicative Proceedings, Definitions Sec. 511.1 Scope of the rules. This part establishes rules of practice and procedure for adjudicative proceedings conducted pursuant to section 508(a)(2) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. Pub. L. 94- 163, 89 Stat. 911, section 2008(a)(2)), which are required by statute to be determined on the record after opportunity for a public hearing. Sec. 511.2 Nature of adjudicative proceedings. Adjudicative proceedings shall be conducted in accordance with title 5, U.S.C., sections 551 through 559 and this part. It is the policy of the agency that adjudicative proceedings shall be conducted expeditiously and with due regard to the rights and interests of all persons affected, and to the public interest. Therefore, the presiding officer and all parties shall make every effort at each stage of a proceeding to avoid unnecessary delay. Sec. 511.3 Definitions. (a) As used in this part: (1) The term application means an ex parte request by a party for an order that may be granted or denied without opportunity for response by any other party. (2) The term NHTSA means the National Highway Traffic Safety Administration. (3) The term Administrator means the Administrator of the National Highway Traffic Safety Administration. (4) The term Complaint Counsel means prosecuting counsel for the NHTSA. (5) The term motion means a request by a party for a ruling or order that may be granted or denied only after opportunity for response by each affected party. (6) The term party means the NHTSA, and any person named as a respondent in a proceeding governed by this part. (7) The term person means any individual, partnership, corporation, association, public or private organization, or Federal, State or municipal governmental entity. (8) The term petition means a written request, made by a person or a party and addressed to the Presiding Officer or the Administrator, that the addressee take some action. (9) The term Presiding Officer means the person who conducts an adjudicative hearing under this part, who shall be an administrative law judge qualified under title 5, U.S.C., section 3105 and assigned by the Chief Administrative Law Judge, Office of Hearings, United States Department of Transportation. (10) The term Respondent means any person against whom a complaint has been issued. (11) The term Office of Hearings means the Officer of Hearings, Department of Transportation. (12) The term staff means the staff of the National Highway Traffic Safety Administration. (13) The term Chief Administrative Law Judge means the Chief Administrative Law Judge of the Office of Hearings, Department of Transportation. (14) The term Docket Section means the Docket Section, Office of the Secretary of Transportation. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15782, May 3, 1988] Subpart B_Pleadings; Form; Execution; Service of Documents Sec. 511.11 Commencement of proceedings. (a) Notice of institution of an enforcement proceeding. An adjudicative proceeding under this part is commenced by the issuance of a complaint by the NHTSA. (b) Form and content of complaint. The complaint shall be signed by the Complaint Counsel and shall contain the following: (1) Recital of the legal authority for instituting the proceeding, with specific designation of the statutory provisions involved in each allegation. (2) Identification of each respondent. (3) A clear and concise statement of the charges, sufficient to inform each respondent with reasonable definiteness of the factual basis of the allegations of violation. A list and summary of documentary evidence supporting the charges shall be attached. [[Page 36]] (4) A statement of the civil penalty which the Complaint Counsel believes is in the public interest, or which is required by law. In the case of civil penalties assessed for violations of section 507(3) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2007(3)), the amount of such penalty shall be calculated from the time of the alleged violation. In the case of civil penalties assessed for violations of section 507 (1) or (2) of that Act, any monetary credits available to offset those civil penalties shall be specified. (5) The right of the respondent to a hearing on the alleged violations. (c) Notice to the public. Once a complaint is issued, notice of it shall be immediately submitted to the Federal Register for publication. The notice in the Federal Register shall briefly describe the nature of the proceeding and state that petitions to participate in the proceeding must be filed no later than the first prehearing conference. Sec. 511.12 Answer. (a) Time for filing. A respondent shall have twenty (20) days after service of a complaint within which to file an answer. (b) Content of answer. An answer shall conform to the following: (1) Request for hearing. Respondent shall state whether it requests a full, adjudicatory hearing or whether it desires to proceed on the basis of written submissions. If a hearing is requested, respondent shall specify those issues on which a hearing is desired. (2) Contested allegations. An answer in which the allegations of a complaint are contested shall contain: (i) Specific admission or denial of each allegation in the complaint. If the respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation, respondent shall so state. Such a statement shall have the effect of a denial. Denials shall fairly meet the substance of the allegations denied. Allegations not thus answered shall be deemed to have been admitted. (ii) A concise statement of the factual and/or legal defenses to each allegation of the complaint. (3) Admitted allegations. If the respondent admits or fails to deny any factual allegation, he or she shall be deemed to have waived a hearing as to such allegation. (c) Default. Failure of the respondent to file an answer within the time provided (or within an extended time, if provided), shall be deemed to constitute a waiver of the right to appear and contest the allegations set forth in the complaint and to authorize the Presiding Officer to make such findings of fact as are reasonable under the circumstances. Sec. 511.13 Amendments and supplemental pleadings. Whenever determination of a controversy on the merits will be facilitated thereby, the Presiding Officer upon motion, may allow appropriate amendments and supplemental pleadings which do not unduly broaden the issues in the proceeding or cause undue delay. Sec. 511.14 Form and filing of documents. (a) Filing. Except as otherwise provided, all documents submitted to the Administrator or a Presiding Officer shall be filed with the Docket Section, Office of the Secretary, Department of Transportation, Room 4107, 400 Seventh Street, SW., Washington, DC 20590. Documents may be filed in person or by mail and shall be deemed filed on the day of filing or mailing. (b) Caption. Every document shall contain a caption setting forth the name of the action in connection with which it is filed, the docket number, and the title of the document. (c) Copies. An original and nine (9) copies of all documents shall be filed. Documents may be reproduced by printing or any other process, provided that all copies filed are clear and legible. (d) Signature. (1) The original of each document filed shall be signed by a representative of record for the party; or in the case of parties not represented, by the party; or by a partner, officer, or regular employee of any corporation, partnership, or association, who files an appearance on behalf of the party. (2) The act of signing a document constitutes a representation by the signer that the signer has read it; that [[Page 37]] to the best of the signer's knowledge, information and belief, the statements made in it are true; and that it is not filed for purposes of delay. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15782, May 3, 1988] Sec. 511.15 Time. (a) Computation. In computing any period of time prescribed or allowed by the rules in this part, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this part, ``legal holiday'' includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States. (b) Additional time after service by mail. Whenever a party is required or permitted to do an act within a prescribed period after service of a document and the document is served by mail, three (3) days shall be added to the prescribed period. (c) Extensions. For good cause shown, the Presiding Officer may extend any time limit prescribed or allowed under this part or by order of the Administrator or the Presiding Officer, except those governing the filing of interlocutory appeals and appeals from Initial Decisions and those expressly requiring the Administrator's action. Except as otherwise provided by law, the Administrator, for good cause shown, may extend any time limit prescribed under this part, or by order of the Administrator or the Presiding Officer. A party or participant may petition the Presiding Officer or the Administrator, as appropriate, for an extension under this paragraph. Such a petition shall be filed prior to the occurrence of the time limit which is the subject of the petition. Sec. 511.16 Service. (a) Mandatory service. Every document filed with the Office of Hearings shall be served upon all parties and participants to a proceeding, i.e., Complaint Counsel, respondent(s), and participants, and upon the Presiding Officer. (b) Service of complaint, ruling, order, decision, or subpoena. Service of a complaint, ruling, order, decision, or subpoena may be effected as follows: (1) By registered or certified mail. A copy of the document shall be addressed to the person, partnership, corporation or unincorporated association to be served at his or its residence or principal office or place of business; registered or certified; and mailed; or (2) By delivery to an individual. A copy of the document may be delivered to the person to be served; or to a member of the partnership to be served; or to the president, secretary, or other executive officer, or a director of the corporation or unincorporated association to be served; or to an agent authorized by appointment or by law to receive service; or (3) By delivery to an address. A copy of the document may be left at the principal office or place of business of the person, partnership, corporation, unincorporated association, or authorized agent with an officer, a managing or general agent; or it may be left with a person of suitable age and discretion residing therein, at the residence of the person or of a member of the partnership or of an executive officer, director, or agent of the corporation or unincorporated association to be served. (c) Service of documents with prescribed response periods. When service of a document starts the running of a prescribed period of time for the submission of a responsive document or the occurrence of an event, the document shall be served as provided in paragraph (b) of this section. (d) Service of other documents. All documents other than those specified in paragraph (c) of this section may be served as provided in paragraph (b) of this section, or by ordinary first-class [[Page 38]] mail, properly addressed, postage prepaid. (e) Service on a representative. When a party has appeared by an attorney or other representative, service upon that attorney or other representative shall constitute service on the party. (f) Certificate of service. The original of every document filed with the agency and required to be served upon all parties to a proceeding shall be accompanied by a certificate of service signed by the party making service, stating that such service has been made upon each party to the proceeding. Certificates of service may be in substantially the following form: I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding by mailing, postage prepaid (or by delivering in person) a copy to each such party. Dated at ____________________ this ____ day of ____________________, 19____. (Signature)_____________________________________________________________ For_____________________________________________________________________ (g) Date of service. The date of service of a document shall be the date on which the document is deposited in the United States mail or is delivered in person. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15783, May 3, 1988] Sec. 511.17 Public participation. Participant Status. Any person interested in a proceeding commenced pursuant to Sec. 511.11 who desires to participate in the proceeding, shall file with the Docket Section a notice of intention to participate in the proceeding and shall serve a copy of such notice on each party to the proceeding. A notice of intention to participate shall be filed not later than the commencement of the hearing. Untimely filings will not be accepted absent a determination by the Presiding Officer that the person making the request has made a substantial showing of good cause for failure to file on time. Any person who files a notice to participate in the proceeding as a nonparty shall be known as a ``participant'' and shall have the rights specified in Sec. 511.41(d). [53 FR 15783, May 3, 1988] Sec. 511.18 Joinder of proceedings. Two or more matters which have been scheduled for adjudicative proceedings, and which involve one or more common questions of law or fact, may be consolidated for the purpose of hearing, appeal or the Administrator's review. A motion for consolidation for the purpose of hearing may be filed with the Presiding Officer by any party to such proceedings not later than thirty (30) days prior to the hearing. A motion for consolidation for the purpose of appeal may be filed by any party to such proceedings within 10 days after issuance of the Initial Decision. A motion to consolidate shall be served upon all parties to all proceedings whose joinder is contemplated. The proceedings may be consolidated where to do so would tend to avoid unnecessary costs or delay. Such consolidation may also be ordered upon the initiative of the Presiding Officer or the Administrator, as appropriate. The Presiding Officer may order separate hearings on any issue where to do so would promote economy or convenience or would avoid prejudice to a party. Subpart C_Prehearing Procedures; Motions; Interlocutory Appeals; Summary Judgment; Settlement Sec. 511.21 Prehearing conferences. (a) When held. (1) A prehearing conference shall be held in person or by conference telephone call, except in unusual circumstances, approximately fifty (50) days after publication in the Federal Register of the complaint, upon ten (10) days notice to all parties and participants, to consider any or all the following: (i) Motions for consolidation of proceedings; (ii) Identification, simplification and clarification of the issues; (iii) Necessity or desirability of amending the pleadings; (iv) Stipulations and admissions of fact and of the content and authenticity of documents; (v) Oppositions to notices of oral examination; (vi) Motions for protective orders to limit or modify discovery; [[Page 39]] (vii) Issuance of subpoenas to compel the appearance of witnesses and the production of documents; (viii) Limitation of the number of witnesses, particularly the avoidance of duplicate expert witnesses; (ix) Matters of which official notice will be taken and matters which may be resolved by reliance upon findings of other Federal agencies; and (x) Other matters which may expedite the conduct of the hearing. Sec. 511.22 Prehearing briefs. Not later ten (10) days prior to the hearing, the parties shall, except when ordered otherwise by the Presiding Officer in unusual circumstances, simultaneously serve and file prehearing briefs, which shall set forth (a) a statement of the facts expected to be proved, and of the anticipated order of proof; (b) a statement of the issues and the legal argument in support of the party's contentions with respect to each issue; and (c) a table of authorities with a designation by asterisk of the principal authorities relied upon. Sec. 511.23 Motions. (a) Presentations and dispositions. During the time a proceeding is before a Presiding Officer, all motions, whether oral or written, except those filed under Sec. 511.42(e), shall be addressed to the Presiding Officer, who shall rule upon them promptly after affording an opportunity for response. (b) Written motions. All written motions shall state the particular order, ruling, or action desired and the grounds therefor. If a motion is supported by memoranda, affidavits or other documents, they shall be served and filed with the motion. All motions shall contain a proposed order setting forth the relief sought. All written motions shall be filed with the Executive Secretary and served on all parties, and all motions addressed to the Administrator shall be in writing. (c) Responses. Within ten (10) days after service of any written motion or petition or within such longer or shorter time as may be designated by these Rules or by the Presiding Officer or the Administrator, the opposing party or parties shall file a written response to such motion. Where a motion would affect only a single party, or an identifiable group of parties, the Presiding Officer or Administrator may limit the response to the motion to the affected party or parties. Failure to respond to a written motion may, in the discretion of the Presiding Officer be deemed as consent to the granting of the relief sought in the motion. The moving party shall have no right to reply, except as permitted by the Presiding Officer or the Administrator. (d) Rulings on motions for dismissal. When a motion to dismiss a complaint or motion for other relief is granted with the result that the proceeding before the Presiding Officer is terminated, the Presiding Officer shall issue an Initial Decision and Order thereon in accordance with the provisions of Sec. 511.51. If such a motion is granted as to all issues alleged in the complaint in regard to some, but not all, of the respondents, or is granted as to any part of the allegations in regard to any or all of the respondents, the Presiding Officer shall enter an order on the record and consider the remaining issues in the Initial Decision. The Presiding Officer may elect to defer ruling on a motion to dismiss until the close of the case. Sec. 511.24 Interlocutory appeals. (a) General. Rulings of the Presiding Officer may not be appealed to the Administrator prior to the Initial Decision, except as provided herein. (b) Exceptions--(1) Interlocutory appeals to Administrator. The Administrator may, in his or her discretion, entertain interlocutory appeals where a ruling of the Presiding Officer: (i) Requires the production or disclosure of records claimed to be confidential; (ii) Requires the testimony of a supervisory official of the agency other than one especially cognizant of the facts of the matter in adjudication; (iii) Excludes an attorney from participation in a proceeding pursuant to Sec. 511.42(b). (2) Procedures for interlocutory appeals. Within ten (10) days of issuance of a ruling, any party may petition the Administrator to entertain an interlocutory appeal on a ruling in the categories enumerated above. The petition [[Page 40]] shall not exceed fifteen (15) pages. Any other party may file a response to the petition within ten (10) days of its service. The response shall not exceed fifteen (15) pages. The Administrator shall thereupon act upon the petition, or the Administrator shall request such further briefing or oral presentation as he may deem necessary. (3) Interlocutory appeals from all other rulings--(i) Grounds. Interlocutory appeals from all other rulings by the Presiding Officer may proceed only upon motion to the Presiding Officer and a determination by the Presiding Officer in writing, with justification in support thereof, that the ruling involves a controlling question of law or policy as to which there is substantial ground for differences of opinion and that an immediate appeal from the ruling may materially advance the ultimate termination of the litigation, or that subsequent review will be an inadequate remedy. (ii) Form. If the Presiding Officer determines, in accordance with paragraph (b)(3)(i) of this section that an interlocutory appeal may proceed, a petition for interlocutory appeal may be filed with and acted upon by the Administrator in accordance with paragraph (b)(2) of this section. (c) Proceedings not stayed. A petition for interlocutory appeal under this part shall not stay the proceedings before the Presiding Officer unless the Presiding Officer shall so order, except that a ruling of the Presiding Officer requiring the production of records claimed to be confidential shall be automatically stayed for a period of (10) days following the issuance of such ruling to allow an affected party the opportunity to file a petition for an interlocutory appeal pursuant to Sec. 511.24(b)(2). The filing of such a petition shall automatically extend the stay of such a ruling pending the Administrator's action on such petition. Sec. 511.25 Summary decision and order. (a) Motion. Any party may move, with a supporting memorandum, for a Summary Decision and Order in its favor upon all or any of the issues in controversy. Complaint Counsel may so move at any time after thirty (30) days following issuance of a complaint, and any other party may so move at any time after issuance of a complaint. Any such motion by any party shall be filed at least twenty (20) days before the date fixed for the adjudicatory hearing. (b) Response to motion. Any other party may, within ten (10) days after service of the motion, file a response thereto with a supporting memorandum. (c) Grounds. A Summary Decision and Order shall be granted if the pleadings and any testimony upon oral examination, answers to interrogatories, admissions, and/or affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to a Summary Decision and Order as a matter of law. (d) Legal effect. A Summary Decision and Order upon all the issues being adjudicated shall constitute the Initial Decision of the Presiding Officer, and may be appealed to the Administrator in accordance with Sec. 511.53. A Summary Decision, interlocutory in character, may be rendered on fewer than all issues and may not be appealed prior to issuance of the Initial Decision, except in accordance with Sec. 511.24. (e) Case not fully adjudicated on motion. A Summary Decision and Order that does not dispose of the whole case shall include a statement of those material facts as to which there is no substantial controversy, and of those material facts that are actually and in good faith controverted. The Summary Order shall direct such further proceedings as are just. Sec. 511.26 Settlement. (a) Applicability. This section applies only to cases of alleged violations of section 507(3) of the Motor Vehicle Information and Cost Savings Act, Pub. L. 94-163, 89 Stat. 911 (15 U.S.C. section 2007(3)). Settlement in other cases may be made only in accordance with subpart G of this part. (b) Availability. Any party shall have the opportunity to submit an offer of settlement to the Presiding Officer. (c) Form. Offers of settlement shall be in the form of a consent agreement and order, shall be signed by the party submitting the offer or his representative, and may be signed by any other party. [[Page 41]] Each offer of settlement shall be accompanied by a motion to transmit to the Administrator the proposed agreement and order, outlining the substantive provisions of the agreement, and the reasons why it should be accepted. (d) Contents. The proposed consent agreement and order which constitute the offer of settlement shall contain the following: (1) An admission of all jurisdictional facts; (2) An express waiver of further procedural steps, and of all rights to seek judicial review or otherwise to contest the validity of the order; (3) A description of the alleged noncompliance, or violation; (4) Provisions to the effect that the allegations of the complaint are resolved by the proposed consent agreement and order; (5) A listing of the acts or practices from which the respondent shall refrain; (6) A detailed statement of the corrective action(s) which the respondent shall excute and the civil penalty, if any, that respondent shall pay. (e) Transmittal. The Presiding Officer shall transmit to the Administrator for decision all offers of settlement and accompanying memoranda that meet the requirements enumerated in paragraph (d) of this section. The Presiding Officer may, but need not, recommend acceptance or rejection of such offers. Any party or participant may object to a proposed consent agreement by filing a motion and supporting memorandum with the Administrator. (f) Stay of proceedings. When an offer of settlement has been agreed to by the parties and has been transmitted to the Administrator, the proceedings shall be stayed until the Administrator has ruled on the offer. When an offer of settlement has been made and transmitted to the Administrator but has not been agreed to by all parties, the proceedings shall not be stayed pending the Administrator's decision on the offer. (g) Administrator's ruling. The Administrator will rule upon all transmitted offers of settlement. If the Administrator accepts the offer, the Administrator shall issue an appropriate order. The order shall become effective upon issuance. In determining whether to accept an offer of settlement, the Administrator will consider the gravity of the alleged violation, and any good faith efforts by the respondent to comply with applicable requirements. (h) Rejection. If the Administrator rejects an offer of settlement, the Administrator shall give written notice of that decision and the reasons therefor to the parties and the Presiding Officer. Promptly thereafter, the Presiding Officer shall issue an order notifying the parties of the resumption of the proceedings, including any modifications to the schedule resulting from the stay of the proceedings. (i) Effect of rejected offer. Rejected offers of settlement shall not be admissible in evidence over the objection of any signatory, nor shall the fact of the proposal of the offer be admissible in evidence. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15783, May 3, 1988] Subpart D_Discovery; Compulsory Process Sec. 511.31 General provisions governing discovery. (a) Applicability. The discovery rules established in this subpart are applicable to the discovery of information among the parties to a proceeding. Parties seeking information from persons not parties may do so by subpoena in accordance with Sec. 511.38. (b) Discovery methods. Parties may obtain discovery by one or more of the following methods: (1) Written interrogatories; (2) requests for production of documents or things; (3) requests for admissions; or (4) testimony upon oral examination. Unless the Presiding Officer otherwise orders under paragraph (d) of this section, the frequency of use of these methods is not limited. (c) Scope of discovery. The scope of discovery is as follows: (1) In general. Parties may obtain discovery regarding any matter not privileged, which is relevant to the subject matter involved in the proceedings, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party. It is not ground for objection [[Page 42]] that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. (2) Exception. Parties may not obtain discovery of documents which accompanied the staff's recommendation as to whether a complaint should issue or of documents or portions thereof which would be exempt from discovery under Rule 26(b)(3) of the Federal Rules of Civil Procedure. (3) Hearing preparation: Experts. A party may obtain discovery of facts known and opinions held by experts, regardless of whether they are acquired or developed in anticipation of or for litigation. Such discovery may be had by any of the methods provided in paragraph (b) of this section. (d) Protective orders. Upon motion by a party or person and for good cause shown, the Presiding Officer may make any order which justice requires to protect such party or person from annoyance, embarrassment, competitive disadvantage, oppression or undue burden or expense, including one or more of the following: (1) That the discovery shall not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time and/or place; (3) that the discovery shall be had only by a method of discovery other than that selected by the party seeking discovery; (4) that certain matters shall not be inquired into, or that the scope of discovery shall be limited to certain matters; (5) that discovery shall be conducted with no one present except persons designated by the Presiding Officer; (6) that a trade secret or other confidential research, development, or commercial information shall not be disclosed or shall be disclosed only in a designated way or only to designated parties; and (7) that responses to discovery shall be placed in camera in accordance with Sec. 511.45. If a motion for a protective order is denied in whole or in part, the Presiding Officer may, on such terms or conditions as are just, order that any party provide or permit discovery. (e) Sequence and timing of discovery. Discovery may commence at any time after filing of the answer. Unless otherwise provided in these Rules or by order of the Presiding Officer, methods of discovery may be used in any sequence and the fact that a party is conducting discovery shall not operate to delay any other party's discovery. (f) Supplementation of responses. A party who has responded to a request for discovery shall supplement the response with information thereafter acquired. (g) Completion of discovery. All discovery shall be completed as soon as practical but in no case longer than one hundred fifty (150) days after issuance of a complaint unless otherwise ordered by the Presiding Officer in exceptional circumstances and for good cause shown. All discovery shall be served by a date which affords the party from whom discovery is sought the full response period provided by these Rules. (h) Service and filing of discovery. All discovery requests and written responses, and all notices of the taking of testimony, shall be filed with the Docket Section and served on all parties and the Presiding Officer. (i) Control of discovery. The use of these discovery procedures is subject to the control of the Presiding Officer, who may issue any just and appropriate order for the purpose of ensuring their timely completion. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15783, May 3, 1988] Sec. 511.32 Written interrogatories to parties. (a) Availability; procedures for use. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of the Presiding Officer, be served upon any party after filing of the answer. (b) Procedures for response. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers [[Page 43]] are to be signed by a responsible representative of the respondent and the objections signed by the representative making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after service of the interrogatories. The Presiding Officer may allow a shorter or longer time for response. The party submitting the interrogatories may move for an order under Sec. 511.36 with respect to any objection to or other failure to answer an interrogatory. (c) Scope of interrogatories. Interrogatories may relate to any matters which can be inquired into under Sec. 511.31(c)(1), and the answers may be used to the extent permitted under this part. An interrogatory otherwise proper is not objectionable merely because an answer to the interrogatory would involve an opinion or contention that relates to fact or to the application of law to fact, but the Presiding Officer may order that such an interrogatory need not be answered until a later time. (d) Option to produce business records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served, or from an examination, audit or inspection of such business records, or from a compilation, abstract or summary based thereon, and the burden of deriving the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to the interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, complications, abstracts, or summaries. Sec. 511.33 Production of documents and things. (a) Scope. Any party may serve upon any other party a request (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono- records, and any other data-compilation from which information can be obtained, translated, if necessary, by the party in possession into reasonably usable form), or (2) to inspect and copy, test or sample tangible things which constitute or contain matters within the scope of Sec. 511.31(c)(1) and which are in the possession, custody or control of the party upon whom the request is served. (b) Procedure for request. The request may be served at any time after the filing of the answer without leave of the Presiding Officer. The request shall set forth the items to be inspected either by individual item or by category, and shall describe each item or category with reasonable particularity. The request shall specify a reasonable time, place and manner for making the inspection and performing the related acts. (c) Procedure for response. The party upon whom the request is served shall serve a written response within twenty (20) days after service of the request. The Presiding Officer may allow a shorter or longer time for response. The response shall state, with respect to each item or category requested, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to only part of an item or category, that part shall be so specified. The party submitting the request may move for an order under Sec. 511.36 with respect to any objection to or other failure to respond to the request or any part thereof, or to any failure to permit inspection as requested. Sec. 511.34 Requests for admission. (a) Procedure for request. A party may serve upon any other party a written request for the admission, for the purposes of the pending proceeding only, of the truth of any matters within the scope of Sec. 511.31(c)(1) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of documents described in the request. Copies of documents shall be served with the request unless they have been, or are otherwise furnished or made [[Page 44]] available for inspection and copying. The request may, without leave of the Presiding Officer, be served upon any party after filing of the answer. Each matter as to which an admission is requested shall be separately set forth. (b) Procedure for response. The matter as to which an admission is requested is deemed admitted unless within thirty (30) days after service of the request, or within such shorter or longer time as the Presiding Officer may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or the party's representatives. If objection is made, the reasons therefore shall be stated. The answer shall specifically admit or deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission. When good faith requires that a party qualify an answer or deny only a part of the matter as to which an admission is requested, the party shall specify the portion that is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny, unless the party states that he or she has made reasonable inquiry and that the information known or readily available to him or her is insufficient to enable him or her to admit or deny. A party who considers that a matter as to which an admission has been requested presents a genuine issue for hearing may not, on that ground alone, object to the request but may deny the matter or set forth reasons why the party cannot admit or deny it. The party who has requested an admission may move to determine the sufficiency of the answer or objection thereto in accordance with Sec. 511.36. If the Presiding Officer determines that an answer does not comply with the requirements of this section, he or she may order that the matter be deemed admitted or that an amended answer be served. (c) Effect of admission. Any matter admitted under this section is conclusively established unless the Presiding Officer on motion permits withdrawal or amendment of such admission. The Presiding Officer may permit withdrawal or amendment when the presentation of the merits of the action will be served thereby and the party that obtained the admission fails to satisfy the Presiding Officer that withdrawal or amendment will prejudice that party in maintaining an action or defense on the merits. Sec. 511.35 Testimony upon oral examination. (a) When testimony may be taken. At any time after the answer is filed under Sec. 511.12, upon leave of the Presiding Officer and under such terms and conditions as the Presiding Officer may prescribe, any party may take the testimony of any other party, including the agents, employees, consultants or prospective witnesses of that party at a place convenient to the witness. The attendance of witnesses and the production of documents and things at the examination may be compelled by subpoena as provided in Sec. 511.38. (b) Notice of oral examination--(1) Examination of a party. A party desiring to examine another party to the proceeding shall, after obtaining leave from the Presiding Officer, serve written notice of the examination on all other parties and the Presiding Officer at least ten (10) days before the date of the examination. The notice shall state (i) the time and place for making the examination; (ii) the name and address of each person to be examined, if known, or if the name is not known, a general description sufficient to identify him; and (iii) the subject matter of the expected testimony. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced, as set forth in the subpoena, shall be attached to or included in the notice of examination. (2) Examination of a nonparty. A party desiring to examine a person who is not a party to the proceeding shall make application for a subpoena, in accordance with Sec. 511.38, to compel the attendance, testimony and/or production of documents by such person who is not a party. The party desiring such examination shall serve written notice of the examination on all other parties to [[Page 45]] the proceeding, after issuance of the subpoena by the Presiding Officer or a designated alternate. (3) Opposition to notice. A person served with a notice of examination may, within 3 days of the date of service, oppose, in writing, the examination. The Presiding Officer shall rule on the notice and any opposition and may order the taking of all noticed examinations, upon a showing of good cause therefor. The Presiding Officer may, for good cause shown, enlarge or shorten the time for the taking of an examination. (c) Persons before whom examinations may be taken. Examinations may be taken before any person authorized to administer oaths by the laws of the United States or of the place where the examination is held. No examination shall be taken before a person who is a relative or employee or attorney or representative of any party, or who is a relative or employee of such attorney or representative, or who is financially interested in the action. (d) Procedure--(1) Examination. Each witness shall be duly sworn, and all testimony shall be duly recorded. All parties or their representatives may be present and participate in the examination. Examination and cross-examination of witnesses may proceed as permitted at the hearing. Questions objected to shall be answered subject to the objections. Objections shall be in short form, and shall state the grounds relied upon. The questions propounded and the answers thereto, together with all objections made, shall be recorded by the official reporter before whom the examination is made. The original or a verified copy of all documents and things produced for inspection during the examination of the witness shall, upon a request of any party present, be marked for identification and annexed to the record of the examination. (2) Motion to terminate or limit examination. At any time during the examination, upon motion of any party or of the witness, and upon showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass or oppress the witness or party, the Presiding Officer may, upon motion, order the party conducting the examination to terminate the examination, or may limit the scope and manner of the examination as provided in Sec. 511.31(d). (3) Participation by parties not present. In lieu of attending an examination, any party may serve written questions in a sealed envelope on the party conducting the examination. That party shall transmit the envelope to the official reporter, who shall unseal it and propound the questions contained therein to the witness. (e) Transcription and filing of testimony--(1) Transcription. Upon request by any party, the testimony recorded at an examination shall be transcribed. When the testimony is fully transcribed, the transcript shall be submitted to the witness for examination and signing, and shall be read to or by the witness, unless such examination and signature are waived by the witness. Any change in form or substance which the witness desires to make shall be entered upon the transcript of the official reporter with a statement of the reasons given by the witness for making them. The transcript shall then be signed by the witness, unless the parties by stipulation waive the signing, or the witness is ill or cannot be found or refuses to sign. If the transcript is not signed by the witness within thirty (30) days of its submission to him, the official reporter shall sign it and state on the record the fact of the waiver of signature or of the illness or absence of the witness or the fact of the refusal to sign, together with a statement of the reasons therefor. The testimony may then be used as fully as though signed, in accordance with paragraph (i) of this section. (2) Certification and filing. The official reporter shall certify on the transcript that the witness was duly sworn and that the transcript is a true record of the testimony given and corrections made by the witness. The official reporter shall then seal the transcript in an envelope endorsed with the title and docket number of the action and marked ``Testimony of [name of witness]'' and shall promptly file the transcript with the Docket Section. The Presiding Officer shall notify all parties of the filing of the transcript and the Docket Section shall furnish a copy of the transcript to any party or to the [[Page 46]] witness upon payment of reasonable charges therefor. (f) Costs of examination. The party who notices the examination shall pay for the examination. The party who requests transcription of the examination shall pay for the transcription. (g) Failure to attend or to serve subpoena; expenses. If a party who notices an examination fails to attend and proceed therewith and another party attends in person or by a representative pursuant to the notice, the Presiding Officer may order the party who gave the notice to pay the attending party the reasonable expenses incurred. If a party who notices an examination fails to serve a subpoena upon the witness and as a result the witness does not attend, and if another party attends in person or by a representative because that party expects the examination to be made, the Presiding Officer may order the party who gave notice to pay the attending party the reasonable expenses incurred. (h) Examination to preserve testimony--(1) When available. By leave of the Presiding Officer, a party may examine a witness for the purpose of perpetuating the testimony of that witness. A party who wishes to conduct such an examination shall obtain prior leave of the Presiding Officer by filing a motion. The motion shall include a showing of substantial reason to believe that the testimony could not be presented at the hearing. If the Presiding Officer is satisfied that the perpetuation of the testimony may prevent a failure of justice or is otherwise reasonably necessary, he or she shall order that the deposition be taken. (2) Procedure. Notice of an examination to preserve testimony shall be served at least fifteen (15) days prior to the examination. The examination shall be taken in accordance with the provisions of paragraph (d) of this section. Any examination taken to preserve testimony shall be fully transcribed and filed in accordance with paragraph (e) of this section. (i) Use of testimony obtained under this section. At the hearing or upon a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions: (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. (2) The deposition of a party or of a person who at the time of the taking of his testimony was an officer, director or managing agent of a party may be used against that party for any purpose. (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the Presiding Officer finds: (i) That the witness is dead; or (ii) That the witness is at a greater distance than 100 miles from the place of the hearing, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or (iii) That the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (iv) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (v) Upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15783, May 3, 1988] Sec. 511.36 Motions to compel discovery. If a party fails to respond to discovery, in whole or in part, the party seeking discovery may move within twenty (20) days for an order compelling an answer, or compelling inspection or production of documents, or otherwise compelling discovery. For [[Page 47]] purposes of this subsection, an evasive or incomplete response is to be treated as a failure to respond. If the motion is granted, the Presiding Officer shall issue an order compelling discovery. If the motion is denied in whole or in part, the Presiding Officer may make such protective order as he or she would have been empowered to make on a motion pursuant to Sec. 511.31(d). When making oral examinations, the discovering party shall continue the examination to the extent possible with respect to other areas of inquiry before moving to compel discovery. Sec. 511.37 Sanctions for failure to comply with order. If a party fails to obey an order to provide or permit discovery, the Presiding Officer may take such action as is just, including but not limited to the following: (a) Infer that the admission, testimony, document or other evidence would have been adverse to the party; (b) Order that for the purposes of the proceeding, the matters regarding which the order was made or any other designated facts shall be taken to be established in accordance with the claim of the party obtaining the order; (c) Order that the party withholding discovery not introduce into evidence or otherwise rely, in support of any claim or defense, upon the documents or other evidence withheld; (d) Order that the party withholding discovery not introduce into evidence or otherwise use at the hearing, information obtained in discovery; (e) Order that the party withholding discovery not be heard to object to introduction and use of secondary evidence to show what the withheld admission, testimony, documents, or other evidence would have shown; (f) Order that a pleading, or part of a pleading, or a motion or other submission by the party, concerning which the order was issued, be stricken, or that decision on the pleadings be rendered against the party, or both; and (g) Exclude the party or representative from proceedings, in accordance with Sec. 511.42(b). Any such action may be taken by order at any point in the proceedings. Sec. 511.38 Subpoenas. (a) Availability. A subpoena shall be addressed to any party or any person not a party for the purpose of compelling attendance, testimony and production of documents at a hearing or oral examination. (b) Form. A subpoena shall identify the action with which it is connected; shall specify the person to whom it is addressed and the date, time and place for compliance with its provisions; and shall be issued by order of the Presiding Officer and signed by the Chief Counsel, or by the Presiding Officer. A subpoena duces tecum shall specify the books, papers, documents, or other materials or data- compilations to be produced. (c) How obtained--(1) Content of application. An application for the issuance of a subpoena stating reasons shall be submitted in triplicate to the Presiding Officer. (2) Procedure of application. The original and two copies of the subpoena, marked ``original,'' ``duplicate'' and ``triplicate,'' shall accompany the application. The Presiding Officer shall rule upon an application for a subpoena ex parte, by issuing the subpoena or by issuing an order denying the application. (d) Issuance of a subpoena. The Presiding Officer shall issue a subpoena by signing and dating, or ordering the Chief Counsel to sign and date, each copy in the lower right-hand corner of the document. The ``duplicate'' and ``triplicate'' copies of the subpoena shall be transmitted to the applicant for service in accordance with these Rules; the ``original'' copy shall be retained by or forwarded to the Chief Counsel for retention in the docket of the proceeding. (e) Service of a subpoena. A subpoena may be served in person or by certified mail, return receipt requested, as provided in Sec. 511.16(b). Service shall be made by delivery of the signed ``duplicate'' copy to the person named therein. (f) Return of service. A person serving a subpoena shall promptly execute a return of service, stating the date, time, and manner of service. If service is effected by mail, the signed return receipt shall accompany the return of [[Page 48]] service. In case of failure to make service, a statement of the reasons for the failure shall be made. The ``triplicate'' of the subpoena, bearing or accompanied by the return of service, shall be returned forthwith to the Chief Counsel after service has been completed. (g) Motion to quash or limit subpoena. Within five (5) days of receipt of a subpoena, the person against whom it is directed may file with the Presiding Officer a motion to quash, modify, or limit the subpoena, setting forth the reasons why the subpoena should be withdrawn or why it should be modified or limited in scope. Any such motion shall be answered within five (5) days of service, and shall be ruled on immediately thereafter. The order shall specify the date, if any, for compliance with the specifications of the subpoena and the reasons for the decision. (h) Consequences of failure to comply. In the event of failure to comply with a subpoena, the Presiding Officer may take any of the actions enumerated in Sec. 511.37 or may order any other appropriate relief to compensate for the withheld testimony, documents, or other materials. If in the opinon of the Presiding Officer such relief is insufficient, the Presiding Officer shall certify to the Administrator a request for judicial enforcement of the subpoena. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 26261, July 12, 1988] Sec. 511.39 Orders requiring witnesses to testify or provide other information and granting immunity. (a) A party who desires the issuance of an order requiring a witness to testify or provide other information upon being granted immunity from prosecution under title 18, U.S.C., section 6002, may make a motion to that effect. The motion shall be made and ruled on in accordance with Sec. 511.22, and shall include a showing: (1) That the testimony or other information sought from a witness or prospective witness may be necessary to the public interest; and (2) That such individual has refused or is likely to refuse to testify or provide such information on the basis of that individual's privilege against self-incrimination. (b) If the Presiding Officer determines that the witness' testimony appears necessary and that the privilege against self-incrimination may be invoked, he or she may certify to the Administrator a request that he or she obtain the approval of the Attorney General of the United States for the issuance of an order granting immunity. (c) Upon application to and approval of the Attorney General of the United States, and after the witness has invoked the privilege against self-incrimination, the Presiding Officer shall issue the order granting immunity unless he or she determines that the privilege was improperly invoked. (d) Failure of a witness to testify after a grant of immunity or after a denial of the issuance of an order granting immunity shall result in the imposition of appropriate sanctions as provided in Sec. 511.37. Subpart E_Hearings Sec. 511.41 General rules. (a) Public hearings. All hearings pursuant to this part shall be public unless otherwise ordered by the Presiding Officer. Notice of the time and location of the hearing shall be served on each party and participant, and published in the Federal Register. (b) Expedition. Hearings shall proceed with all reasonable speed, insofar as practicable and with due regard to the convenience of the parties and shall continue without suspension until concluded, except in unusual circumstances. (c) Rights of parties. Every party shall have the right of timely notice and all other rights essential to a fair hearing, including, but not limited to, the rights to present evidence, to conduct such cross- examination as may be necessary in the judgment of the Presiding Officer for a full and complete disclosure of the facts, and to be heard by objection, motion, brief, and argument. (d) Rights of participants. Every participant shall have the right to make a written or oral statement of position, file proposed findings of fact, conclusions of law and a posthearing brief, in accordance with Sec. 511.17(b). [[Page 49]] (e) Rights of witnesses. Any person compelled to testify in a proceeding in response to a subpoena may be accompanied, represented, and advised by counsel or other representative, and may obtain a transcript of his or her testimony at no cost. Sec. 511.42 Powers and duties of Presiding Officer. (a) General. A Presiding Officer shall have the duty to conduct full, fair, and impartial hearings, to take appropriate action to avoid unnecessary delay in the disposition of proceedings, and to maintain order. He or she shall have all powers necessary to that end, including the following powers: (1) To administer oaths and affirmations; (2) To compel discovery and to impose appropriate sanctions for failure to make discovery; (3) To issue subpoenas; (4) To rule upon offers of proof and receive relevant and probative evidence; (5) To regulate the course of the hearings and the conduct of the parties and their representatives therein; (6) To hold conferences for simplification of the issues, settlement of the proceedings, or any other proper purposes; (7) To consider and rule, orally or in writing, upon all procedural and other motions appropriate in an adjudicative proceeding; (8) To issue initial decisions, rulings, and orders, as appropriate; (9) To certify questions to the Administrator for determination; and (10) To take any action authorized in this part or in conformance with the provisions of title 5, U.S.C., sections 551 through 559. (b) Exclusion of parties by Presiding Officer. A Presiding Officer shall have the authority, for good cause stated on the record, to exclude from participation in a proceeding any party, participant, and/ or representative who shall violate requirements of Sec. 511.76. Any party, participant and/or representative so excluded may appeal to the Administrator in accordance with the provisions of Sec. 511.23. If the representative of a party or participant is excluded, the hearing shall be suspended for a reasonable time so that the party or participant may obtain another representative. (c) Substitution of Presiding Officer. In the event of the substitution of a new Presiding Officer for the one originally designated, any motion predicated upon such substitution shall be made within five (5) days of the substitution. (d) Interference. In the performance of adjudicative functions, a Presiding Officer shall not be responsible to or subject to the supervision or direction of the Administrator or of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for NHTSA. All directions by the Administrator to a Presiding Officer concerning any adjudicative proceeding shall appear on and be made a part of the record. (e) Disqualification of Presiding Officer. (1) When a Presiding Officer deems himself or herself disqualified to preside in a particular proceeding, he or she shall withdraw by notice on the record and shall notify the Chief Administrative Law Judge of the withdrawal. (2) Whenever, for any reason, any party shall deem the Presiding Officer to be disqualified to preside, or to continue to preside, in a particular proceeding, that party may file with the Chief Administrative Law Judge a motion to disqualify and remove, supported by affidavit(s) setting forth the alleged grounds for disqualification. A copy of the motion and supporting affidavit(s) shall be served by the Chief Administrative Law Judge on the Presiding Officer whose removal is sought. The Presiding Officer shall have ten (10) days from service to reply in writing. Such motion shall not stay the proceeding unless otherwise ordered by the Presiding Officer or the Administrator. If the Presiding Officer does not disqualify himself or herself, the Administrator will determine the validity of the grounds alleged, either directly or on the report of another Presiding Officer appointed to conduct a hearing for that purpose, and shall in the event of disqualification take appropriate action, by assigning another Presiding [[Page 50]] Officer or requesting assignment of another Administrative Law Judge through the Office of Hearings. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15783, May 3, 1988] Sec. 511.43 Evidence. (a) Applicability of Federal Rules of Evidence. The Federal Rules of Evidence shall apply to proceedings held under this part only as a general guide. The Presiding Officer may admit any relevent and probative evidence. (b) Burden of proof. (1) Complaint counsel shall have the burden of sustaining the allegations of any complaint. (2) Any party who is the proponent of a legal and/or factual proposition shall have the burden of sustaining the proposition. (c) Presumptions. A presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the hearing upon the party on whom it was originally cast. (d) Admissibility. All relevant and reliable evidence is admissible, but may be excluded if its probative value is substantially outweighed by unfair prejudice or by considerations of undue delay, waste of time, immateriality, or needless presentation of cumulative evidence. (e) Official notice--(1) Definition. Official notice means use by the Presiding Officer of extra-record facts and legal conclusions drawn from those facts. An officially noticed fact or legal conclusion must be one not subject to reasonable dispute in that it is either (i) generally known within the jurisdiction of the Presiding Officer or (ii) known by the Presiding Officer in areas of his or her expertise; or (iii) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (2) Method of taking official notice. The Presiding Officer may at any time take official notice upon motion of any party or upon its own initiative. The record shall reflect the facts and conclusions which have been officially noticed. (3) Opportunity to challenge. Any party may upon application in writing rebut officially noticed facts and conclusions by supplementing the record. The Presiding Officer shall determine the permissible extent of this challenge; that is, whether to limit the party to presentation of written materials, whether to allow presentation of testimony, whether to allow cross-examination, or whether to allow oral argument. The Presiding Officer shall grant or deny the application on the record. (f) Objections and exceptions. Objections to evidence shall be timely interposed, shall appear on the record, and shall contain the grounds upon which they are based. Rulings on all objections, and the bases therefore, shall appear on the record. Formal exception to an adverse ruling is not required to preserve the question for appeal. (g) Offer of proof. When an objection to proffered testimony or documentary evidence is sustained, the sponsoring party may make a specific offer, either in writing or orally, of what the party expects to prove by the testimony or the document. When an offer of proof is made, any other party may make a specific offer, either in writing or orally, of what the party expects to present to rebut or contradict the offer of proof. Written offers of proof or of rebuttal, adequately marked for identification, shall accompany the record and be available for consideration by any reviewing authority. Sec. 511.44 Expert witnesses. (a) Definition. An expert witness is one who, by reason of education, training, experience, or profession, has peculiar knowlege concerning the matter of science or skill to which his or her testimony relates and from which he or she may draw inferences based upon hypothetically stated facts or from facts involving scientific or technical knowledge. (b) Method of presenting testimony of expert witness. Except as may be otherwise ordered by the Presiding Officer, a detailed written statement of the elements of the direct testimony of an expert witness shall be filed on the record and exchanged between the parties no [[Page 51]] later than 10 days preceding the commencement of the hearing. The statement must contain a full explanation of the methodology underlying any analysis, and a full disclosure of the basis of any opinion. The direct testimony of an expert witness shall not include points not contained in the written statement. A party may waive direct examination of an expert witness by indicating that the written statement be considered the testimony of the witness. In such a case, the written testimony shall be incorporated into the record and shall constitute the testimony of the witness. (c) Cross-examination and redirect examination of expert witness. Cross-examination, redirect examination, and re-cross-examination of an expert witness will proceed in due course based upon the written testimony and any amplifying oral testimony. (d) Failure to file and/or to exchange written statement. Failure to file and/or to exchange the written statement of an expert witness as provided in this section shall deprive the sponsoring party of the use of the expert witness and of the conclusions which that witness would have presented. Sec. 511.45 In camera materials. (a) Definition. In camera materials are documents, testimony, or other data which by order of the Presiding Officer or the Administrator, as appropriate under this part, are kept confidential and excluded from the public record. Only materials exempt under the Freedom of Information Act may be kept confidential and excluded from the public record. Pursuant to 49 CFR part 512, the Chief Counsel of the NHTSA is responsible for determining whether an alleged confidential business record is exempt from the Freedom of Information Act. The right of the Presiding Officer, the Administrator and reviewing courts to order disclosure of in camera materials is specifically reserved. (b) In camera treatment of documents and testimony. The Presiding Officer or the Administrator, as appropriate under this part, shall have authority, when good cause is found on the record, to order documents or testimony offered in evidence, whether admitted or rejected, to be received and preserved in camera. The order shall specify the length of time for in camera treatment and shall include: (1) A description of the documents and/or testimony; (2) The reasons for granting in camera treatment for the specified length of time. (c) Access and disclosure to parties. (1) The Administrator and Presiding Officer, and their immediate advisory staffs shall have complete access to all in camera materials. All other parties shall also have complete access to all in camera materials, except that these parties may seek access only in accordance with paragraph (c)(2) of this section when: (i) The in camera materials consist of information obtained by the government from persons not parties to the proceeding; or (ii) The in camera materials consist of information provided by one of the parties to the proceeding which is confidential as to the other parties to the proceeding. (2) Any party desiring access to and/or disclosure of the in camera materials specified in paragraph (c)(1) (i) and (ii) of this section for the preparation and presentation of that party's case shall make a motion which sets forth the justification therefor. The Presiding Officer or the Administrator, as appropriate under this part, may grant such motion on the record for substantial good cause shown and shall enter a protective order prohibiting unnecessary disclosure and requiring other necessary safeguards. The Presiding Officer or the Administrator, as appropriate, may examine the in camera materials and excise portions thereof before disclosing the materials to the moving party. (d) Segregation of in camera materials. In camera materials shall be segregated from the public record and protected from public view. (e) Public release of in camera materials. In camera materials constitute a part of the confidential records of the NHTSA and shall not be released to the public until the expiration of in camera treatment. (f) Reference to in camera materials. In the submission of proposed findings, [[Page 52]] conclusions, briefs, or other documents, all parties shall refrain from disclosing specific details of in camera materials. Such refraining shall not preclude general references to such materials. To the extent that parties consider it necessary to include specific details of in camera materials, the references shall be incorporated into separate proposed findings, briefs, or other documents marked ``CONFIDENTIAL, CONTAINS IN CAMERA MATERIAL,'' which shall be placed in camera and become part of the in camera record. These documents shall be served only on parties accorded access to the in camera materials in accordance with paragraph (c)(2) of this section. Sec. 511.46 Proposed findings, conclusions, and order. Within a reasonable time after the closing of the record and receipt of the transcript, all parties and participants may, simultaneously, file post-hearing briefs, including proposed findings of fact, conclusions of law and a proposed order, together with reasons therefore. The Presiding Officer shall establish a date certain for the filing of the briefs, which shall not exceed 45 days after the close of the record except in unusual circumstances. The briefs shall be in writing, shall be served upon all parties, and shall contain adequate references to the record and authorities relied on. Replies shall be filed within fifteen (15) days of the date for the filing of briefs unless otherwise established by the Presiding Officer. The parties and participants may waive either or both submissions. Sec. 511.47 Record. (a) Reporting and transcription. Hearings shall be recorded and transcribed under the supervision of the Presiding Officer by a reporter appointed by the Administrator. The original transcript shall be a part of the record and the official transcript. Copies of transcripts are available from the reporter at a cost not to exceed the maximum rates fixed by contract between the NHTSA and the reporter. (b) Corrections. Corrections of the official transcript may be made only when they involve errors affecting substance and then only in the manner herein provided. The Presiding Officer may order corrections, either on his or her own motion or on motion of any party. The Presiding Officer shall determine the corrections to be made and so order. Corrections shall be interlineated or otherwise inserted in the official transcript so as not to obliterate the original text. Sec. 511.48 Official docket. (a) The official docket in adjudicatory proceedings will be maintained in the Docket Section, Office of the Secretary, Room 4107, 400 Seventh Street SW., Washington, DC 20590, and will be available for inspection during normal working hours (9:00 a.m.-5:00 p.m.) Monday through Friday. (b) Fees for production or disclosure of records contained in the official docket shall be levied as prescribed in the Department of Transportation's regulations on Public Availability of Information (49 CFR part 7). [53 FR 15783, May 3, 1988] Sec. 511.49 Fees. (a) Witnesses. Any person compelled to appear in person in response to a subpoena or notice of oral examination shall be paid at least the same attendance and mileage fees as are paid witnesses in the courts of the United States, in accordance with title 28, U.S.C., section 1821. (b) Responsibility. The fees and mileage referred to in this section shall be paid by the party at whose instance witnesses appear. Subpart F_Decision Sec. 511.51 Initial decision. (a) When filed. The Presiding Officer shall endeavor to file an Initial Decision with the Administrator within sixty (60) days of the close of the record, the filing of post-hearing briefs, or the filing of replies thereto, whichever is latest. (b) Content. The Initial Decision shall be based upon a consideration of the entire record and it shall be supported by reliable, probative, and substantial evidence. It shall include: (1) Findings and conclusions, as well as the reasons or bases therefor, upon [[Page 53]] the material questions of fact, material issues of law, or discretion presented on the record, and should, where practicable, be accompanied by specific page citations to the record and to legal and other materials relied upon. (2) An appropriate order. (c) By whom made. The Initial Decision shall be made and filed by the Presiding Officer who presided over the hearing, unless otherwise ordered by the Administrator. (d) Reopening of proceeding by presiding officer; termination of jurisdiction. (1) At any time prior to or concomitant with the filing of the Initial Decision, the Presiding Officer may reopen the proceedings for the reception of further evidence. (2) Except for the correction of clerical errors, the jurisdiction of the Presiding Officer is terminated upon the filing of the Initial Decision, unless and until the proceeding is remanded to the Presiding Officer by the Administrator. Sec. 511.52 Adoption of initial decision. The Initial Decision and Order shall become the Final Decision and Order of the Administrator forty (40) days after issuance unless an appeal is noted and perfected or unless review is ordered by the Administrator. Upon the expiration of the fortieth day, the Executive Secretary shall prepare, sign and enter an order adopting the Initial Decision and Order. Sec. 511.53 Appeal from initial decision. (a) Who may file notice of intention. Any party may appeal an Initial Decision to the Administrator provided that within ten (10) days after issuance of the Initial Decision such party files and serves a notice of intention to appeal. (b) Appeal brief. The appeal shall be in the form of a brief, filed within forty (40) days after service of the Initial Decision, duly served upon all parties and participants. The appeal brief shall contain, in the order indicated, the following: (1) A subject index of the matters in the brief, with page references, and a table of cases (alphabetically arranged), textbooks, statutes, and other material cited, with page references thereto; (2) A concise statement of the case; (3) A specification of the position urged; (4) The argument, presenting clearly the points of fact and law relied upon in support of the position on each question, with specific page references to the record and the legal or other material relied upon; and (5) A proposed form of order for the Administrator's consideration in lieu of the order contained in the Initial Decision. (c) Answering brief. Within thirty (30) days after service of the appeal brief upon all parties and participants, any party may file an answering brief which shall also contain a subject index, with page references, and a table of cases (alphabetically arranged), textbooks, statutes, and other material cited, with page references thereto. Such brief shall present clearly the points of fact and law relied upon in support of the position taken on each question, with specific page references to the record and legal or other material relied upon. (d) Participant's brief. Within thirty (30) days after service of the appeal brief upon all parties and participants, any participant may file an appeal brief which should contain a subject index, with page references, and a table of authorities being relied upon. Such brief shall present clearly the position taken by the participant on each question raised by the appellant(s). (e) Cross appeal. If a timely notice of appeal is filed by a party, any other party may file a notice of cross-appeal within ten (10) days of the date on which the first notice of appeal was filed. Cross-appeals shall be included in the answering brief and shall conform to the requirements for form, content and filing specified in paragraph (c) of this section. If an appeal is noticed but not perfected, no cross-appeal shall be permitted and the notice of cross-appeal shall be deemed void. (f) Reply brief. A reply brief shall be limited to rebuttal of matters in answering briefs, including matters raised in cross-appeals. A reply brief shall be filed and within fourteen (14) days after service of an answering [[Page 54]] brief, or on the day preceding the oral argument, whichever comes first. (g) Oral argument. The purpose of an oral argument is to emphasize and clarify the issues. Any party may request oral argument. The Administrator may order oral argument upon request or upon his or her own initiative. All oral arguments shall be reported and transcribed. Sec. 511.54 Review of initial decision in absence of appeal. The Administrator may, by order, review a case not otherwise appealed by a party. Thereupon the parties shall and participants may file briefs in accordance with Sec. 511.53(b), (c), (d), (e), and (f) except that the Administrator may, in his or her discretion, establish a different briefing schedule in his or her order. Any such order shall issue within forty (40) days of issuance of the Initial Decision. The order shall set forth the issues which the Administrator will review. Sec. 511.55 Final decision on appeal or review. (a) Upon appeal from or review of an Initial Decision, the Administrator shall consider such parts of the record as are cited or as may be necessary to resolve the issues presented and, in addition, shall, to the extent necessary or desirable, exercise all the powers which he or she could have exercised if he or she had made the Initial Decision. (b) In rendering his or her decision, the Administrator shall adopt, modify, or set aside the findings, conclusions, and order contained in the Initial Decision, and shall include in his or her Final Decision a statement of the reasons or bases for his or her action. The Administrator shall issue an order reflecting his or her Final Decision. Sec. 511.56 Reconsideration. Within twenty (20) days after issuance of a Final Decision and Order, any party may file with the Administrator a petition for reconsideration of such decision or order, setting forth the relief desired and the grounds in support thereof. Any party desiring to oppose such a petition shall file an answer thereto within ten (10) days after service of the petition. The filing of a petition for reconsideration shall not stay the effective date of the Decision and Order or toll the running of any statutory time period affecting the decision or order unless specifically so ordered by the Administrator. Sec. 511.57 Effective date of order. (a) Consent orders. An order which has been issued following acceptance of an offer of settlement in accordance with Sec. 511.26 becomes effective upon issuance. (b) Litigated orders. All other orders become effective upon the expiration of the statutory period for court review specified in section 508(c)(1) of the Motor Vehicle Information and Cost Savings Act, title 15, U.S.C. section 2008(c)(1), Pub. L. 94-163, 89 Stat. 911, or, if a petition for review has been filed, upon court affirmance of the Administrator's order. Subpart G_Settlement Procedure in Cases of Violation of Average Fuel Economy Standards Sec. 511.61 Purpose. This subpart establishes the procedures and requirements necessary to obtain a settlement of a case of violation of section 507 (1) or (2) of the Motor Vehicle Information and Cost Savings Act, as amended, Pub. L. 94-163, 89 Stat. 911 (15 U.S.C. section 2007(1)(2)). No settlement of such cases may be had except as in accordance with this subpart. Sec. 511.62 Definitions. Average fuel economy standard means an average fuel economy standard established by or pursuant to the Motor Vehicle Information and Cost Savings Act. Insolvency means the inability to meet expenses when due. Settlement means a compromise, modification, or remission of a civil penalty assessed under this part for a violation of an average fuel economy standard. Sec. 511.63 Criteria for settlement. Settlement of a case of violation of an average fuel economy standard is discretionary with the Administrator. [[Page 55]] The Administrator will consider settlement only to the extent: (a) Necessary to prevent the insolvency or bankruptcy of the person seeking settlement, or (b) That the violation of the average fuel economy standard resulted, as shown by the person seeking settlement, from an act of God, a strike, or fire, or (c) That modification of a civil penalty assessed under this part is necessary to prevent lessening of competition, as determined and as certified by the Federal Trade Commission under section 508(b)(4) of the Motor Vehicle Information and Cost Savings Act, Pub. L. 94-163, 89 Stat. 911 (15 U.S.C. section 2008(b)(4)). Sec. 511.64 Petitions for settlement; timing, contents. (a) A petition seeking settlement under this subpart must be filed within 30 days after the issuance of a final order assessing a civil penalty for a violation of an average fuel economy standard. (b)(1) A petition for settlement should be sufficient to allow the Administrator to determine that at least one of the criteria set out in Sec. 511.63 is satisfied, and that the public interest would be served by settlement. (2) A petition asserting that settlement is necessary to prevent bankruptcy or insolvency must include: (i) Copies of all pertinent financial records, auditor's reports, and documents that show that the imposition of a civil penalty would cause insolvency, or would cause a company to do an act of bankruptcy, and (ii) A payment schedule that would allow the petitioner to pay a civil penalty without resulting in insolvency or an act of bankruptcy. (3) A petition asserting that the violation of the average fuel economy standard was caused by an act of God, fire, or strike must describe corrective and ameliorative steps taken to mitigate the effects of the act of God, fire, or strike. (4) A petition based on a certification by the Federal Trade Commission that modification of the civil penalty assessed is necessary to prevent a substantial lessening of competition must include a certified copy of: (i) The application to the Federal Trade Commission for a certification under section 508(b)(4) of the Motor Vehicle Information and Cost Savings Act, Pub. L. 94-163, 89 Stat. 911 (15 U.S.C. 2008(b)(4)), and materials supporting the application. (ii) The administrative record of any Federal Trade Commission proceeding held in regard to the application, and (iii) The certification by the Federal Trade Commission. (c) It is the policy of the National Highway Traffic Safety Administration that unconditional settlements of violations of average fuel economy standards are not in the public interest, and absent special and extraordinary circumstances, will not be allowed. All petitions for settlement shall contain a section proposing conditions for settlement. Conditions for settlement can be specific acts designed to lead to the reduction of automotive fuel consumption, which the petitioner is not otherwise required to perform pursuant to any statute, regulation, or administrative or judicial order, such as sponsoring public education programs, advertising, accelerating commercial application of technology, accelerating technology development programs, or making public the results of privately performed studies, surveys, or research activities. Sec. 511.65 Public comment. Notice and opportunity for comment are provided to the public in regard to settlements under this part. Subject to Sec. 511.66, notice of receipt of a petition for settlement is published in the Federal Register, and a copy of such petitions and any supporting information is placed in a public docket. Any settlement agreed to by the Administrator shall be placed in the public docket for 30 days so that interested persons may comment thereon. No settlement is binding until the completion of that thirty day period. Sec. 511.66 Confidential business information. The Administrator shall have authority to segregate from the public docket [[Page 56]] and to protect from public view information in support of a petition for settlement which has been determined to be confidential business information. The provisions of 15 U.S.C. 2005(d) pertaining to discretionary release by the Administrator of and to limited disclosure of information determined to be confidential business information shall apply to this section. Sec. 511.67 Settlement order. If, in accordance with this subpart, the Administrator allows a settlement of a case of violation of an average fuel economy standard, an order of settlement shall be issued, setting out the terms of the settlement, and containing a brief discussion of the factors underlying the exercise of the Administrator's discretion in allowing the settlement, including a discussion of comments received under Sec. 511.65. If the Administrator rejects a petition for settlement, the Administrator shall give written notice of the rejection and the reasons for the rejection to the parties and the Presiding Officer. [53 FR 15783, May 3, 1988] Subpart H_Appearances; Standards of Conduct Sec. 511.71 Who may make appearances. A party or participant may appear in person, or by a duly authorized officer, partner, regular employee, or other agent of this party or participant, or by or with counsel or other duly qualified representative, in any proceeding under this part. Sec. 511.72 Authority for representation. Any individual acting in a representative capacity in any adjudicative proceeding may be required by the Presiding Officer or the Administrator to show his or her authority to act in such capacity. A regular employee of a party who appears on behalf of the party shall be required by the Presiding Officer or the Administrator to show his or her authority to so appear. Sec. 511.73 Written appearances. (a) Any person who appears in a proceeding shall file a written notice of appearance with the Executive Secretary or deliver a written notice of appearance to the reporter at the hearing, stating for whom the appearance is made and the name, address, and telephone number (including area code) of the person making the appearance and the date of the commencement of the appearance. The written appearance shall be made a part of the record. (b) Any person who has previously appeared in a proceeding may withdraw his or her appearance by filing a written notice of withdrawal of appearance with the Docket Section. The notice of withdrawal shall state the name, address, and telephone number (including area code) of the person withdrawing the appearance, for whom the appearance was made, and the effective date of the withdrawal of the appearance, and such notice of withdrawal shall be filed within five (5) days of the effective date of the withdrawal of the appearance. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15783, May 3, 1988] Sec. 511.74 Attorneys. An attorney at law who is admitted to practice before the Federal courts or before the highest court of any State, the District of Columbia, or any territory or Commonwealth of the United States, may practice before the NHTSA. An attorney's own representation that he or she is in good standing before any of such courts shall be sufficient proof thereof, unless otherwise ordered by the Presiding Officer or the Administrator. Sec. 511.75 Persons not attorneys. (a) Any person who is not an attorney at law may be admitted to appear in an adjudicative proceeding if that person files proof to the satisfaction of the Presiding Officer that he or she possesses the necessary legal, technical or other qualifications to render valuable service in the proceeding and is otherwise competent to advise and assist in the presentation of matters in the proceedings. An application by a person not an attorney at law to appear in a proceeding shall be submitted in writing to the Docket Section, not later than thirty (30) days prior to the hearing in the proceedings. The application shall set forth the applicant's [[Page 57]] qualifications to appear in the proceedings. (b) No person who is not an attorney at law and whose application has not been approved shall be permitted to appear in the Administration's proceedings. However, this provision shall not apply to any person who appears before the NHTSA on his or her own behalf or on behalf of any corporation, partnership, or association of which the person is a partner, officer, or regular employee. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15784, May 3, 1988] Sec. 511.76 Qualifications and standards of conduct. (a) The NHTSA expects all persons appearing in proceedings before it to act with integrity, with respect, and in an ethical manner. Business transacted before and with the NHTSA shall be in good faith. (b) To maintain orderly proceedings, the Presiding Officer or the Administrator, as appropriate under this part, may exclude parties, participants, and their representatives for refusal to comply with directions, continued use of dilatory tactics, refusal to adhere to reasonable standards of orderly and ethical conduct, failure to act in good faith, or violation of the prohibition against certain ex parte communications. The Presiding Officer may, in addition to the above sanctions, deny access to additional in camera materials when a party or participant publicly releases such materials without authorization. (c) An excluded party, participant, or representative thereof may petition the Administrator to entertain an interlocutory appeal in accordance with Sec. 511.24. If, after such appeal, the representative of a party or participant, is excluded, the hearing shall, at the request of the party or participant, be suspended for a reasonable time so that the party or participant may obtain another representative. Sec. 511.77 Restrictions as to former members and employees. The postemployee restrictions applicable to former Administrators and NHTSA employees, as set forth in 18 U.S.C. 207, shall govern the activities of former Administrators and NHTSA employees in matters connected with their former duties and responsibilities. Sec. 511.78 Prohibited communications. (a) Applicability. This section is applicable during the period commencing with the date of issuance of a complaint and ending upon final NHTSA action in the matter. (b) Definitions. (1) ``Decision-maker'' means those NHTSA personnel who render decisions in adjudicative proceedings under this part, or who advise officials who render such decisions, including: (i) The Administrator, (ii) The Administrative Law Judges; (2) ``Ex parte communication'' means: (i) Any written communication other than a request for a status report on the proceeding made to a decisionmaker by any person other than a decisionmaker which is not served on all parties, (ii) Any oral communication other than a request for a status report on the proceeding made to a decisionmaker by any person other than a decisionmaker without advance notice to the parties to the proceeding and opportunity for them to be present. (c) Prohibited ex parte communications. Any oral or written ex parte communication relative to the merits of a proceeding under this part is a prohibited ex parte communication, except as provided in paragraph (d) of this section. (d) Permissible ex parte communications. The following communications shall not be prohibited under this section: (1) Ex parte communications authorized by statute or by this part. (2) Any staff communication concerning judicial review or judicial enforcement in any matter pending before or decided by the Administrator. (e) Procedures for handling prohibited ex parte communication--(1) Prohibited written ex parte communication. To the extent possible, a prohibited written ex parte communication received by any NHTSA employee shall be forwarded to the Docket Section rather than to a decisionmaker. A prohibited written ex parte communication which reaches a [[Page 58]] decisionmaker shall be forwarded by the decisionmaker to the Docket Section. If the circumstances in which a prohibited ex parte written communication was made are not apparent from the communication itself, a statement describing those circumstances shall be forwarded with the communication. (2) Prohibited oral ex parte communication. (i) If a prohibited oral ex parte communication is made to a decisionmaker, he or she shall advise the person making the communication that the communication is prohibited and shall terminate the discussion. (ii) In the event of a prohibited oral ex parte communication, the decisionmaker shall forward to the Docket Section a dated statement containing such of the following information as is known to him/her: (A) The title and docket number of the proceeding; (B) The name and address of the person making the communication and his/her relationship (if any) to the parties to the proceeding; (C) The date and time of the communication, its duration, and the circumstances (telephone call, personal interview, etc.) under which it was made; (D) A brief statement of the substance of the matters discussed; (E) Whether the person making the communication persisted in doing so after being advised that the communication was prohibited. (3) All communications and statements forwarded to the Docket Section under this section shall be placed in the public file which shall be associated with, but not made a part of, the record of the proceedings to which the communication or statement pertains. (4) Service on parties. The Administrator shall serve a copy of each communication and statement forwarded under this section on all parties to the proceedings. However, if the parties are numerous, or if other circumstances satisfy the Administrator that service of the communication or statement would be unduly burdensome, he or she may, in lieu of service, notify all parties in writing that the communication or statement has been made and filed and that it is available for inspection and copying. (5) Service on maker. The Administrator shall forward to the person who made the prohibited ex parte communication a copy of each communication or statement filed under this section. (f) Effect of ex parte communications. No prohibited ex parte communication shall be considered as part of the record for decision unless introduced into evidence by a party to the proceedings. (g) Sanctions. A party or participant who makes a prohibited ex parte communication, or who encourages or solicits another to make any such communication, may be subject to any appropriate sanction or sanctions, including, but not limited to, exclusion from the proceedings and adverse rulings on the issues which are the subject of the prohibited communication. [45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15784, May 3, 1988] Sec. Appendix I to Part 511--Final Prehearing Order Case Caption Final Prehearing Order A prehearing conference was held in this matter pursuant to Rule 21 of the Administration's Rules of Practice for Adjudicative Proceedings, on the ____________________ day of ____________________, 19____, at ____ o'clock __ M. Counsel appeared as follows: For the Administration staff: For the Respondent(s): Others: 1. NATURE OF ACTION AND JURISDICTION. This is an action for ____________________ ________________________________________________________________________ and the jurisdiction of the Administration is involved under Section ____ of Title ____ U.S.C. The jurisdiction of the Administration is (not) disputed. The questions of jurisdiction was decided as follows: 2. STIPULATIONS AND STATEMENTS. The following stipulations and statements were submitted, attached to, and made a part of this order: (a) A comprehensive written stipulation or statement of all uncontested facts; (b) A concise summary of the ultimate facts as claimed by each party. (Complaint Counsel must set forth the claimed facts, specifically; for example, if violation is [[Page 59]] claimed, Complaint Counsel must assert specifically the acts of violation complained of; each respondent must reply with equal clarity and detail.) (c) Written stipulations or statements setting forth the qualifications of the expert witnesses to be called by each party; (d) A written list or lists of the witnesses whom each party will call, a written list or lists of the additional witnesses whom each party may call, and a statement of the subject on which each witness will testify; (e) An agreed statement of the contested issues of fact and of law, and/or separate statements by each party or any contested issues of fact and law not agreed to; (f) A list of all depositions to be read into evidence and statements of any objections thereto; (g) A list and brief description of any charts, graphs, models, schematic diagrams, and similar objects that will be used in opening statements or closing arguments, but will not be offered in evidence. If any other such objects are to be used by any party, they will be submitted to opposing counsel at least three days prior to hearing. If there is then any objection to their use, the dispute will be submitted to the Presiding Officer at least one day prior to hearing; (h) Written waivers of claims or defenses which have been abandoned by the parties. The foregoing were modified at the pretrial conference as follows: [To be completed at the conference itself. If none, recite ``none''] 3. COMPLAINT COUNSEL'S EVIDENCE. 3.1 The following exhibits were offered by Complaint Counsel, received in evidence, and marked as follows: [Identification number and brief description of each exhibit] The authenticity of these exhibits has been stipulated. 3.2 The following exhibits were offered by the Complaint Counsel and marked for identification. There was reserved to the respondent(s) and party intervenors, if any, the right to object to their receipt in evidence on the grounds stated: [Identification number and brief description of each exhibit. State briefly ground of objection, e.g., competency, relevancy, materiality] 4. RESPONDENT'S EVIDENCE. 4.1 The following exhibits were offered by the respondent(s), received in evidence, and marked as herein indicated: [Identification number and brief description of each exhibit] The authenticity of these exhibits has been stipulated. 4.2 The following exhibits were offered by the respondent(s) and marked for identification. There was reserved to Complaint Counsel and party intervenors, if any, the right to object to their receipt in evidence on the grounds stated: [Identification number and brief description of each exhibit. State briefly ground of objection, e.g., competency, relevancy, materiality] 5. ADDITIONAL ACTIONS. The following additional action was taken: [Amendments to pleadings, agreements of the parties, disposition of motions, separation of issues of liability and remedy, etc., if necessary] 6. LIMITATIONS AND RESERVATIONS. 6.1 Each of the parties has the right to further supplement the list of witnesses not later than ten (10) days prior to trial by furnishing opposing counsel with the name and address of the witness and general subject matter of his or her testimony and filing a supplement to this pretrial order. Thereafter additional witnesses may be added only after application to the Presiding Officer, for good cause shown. 6.2 Rebuttal witnesses not listed in the exhibits to this order may be called only if the necessity of their testimony could not reasonably be foreseen ten (10) days prior to trial. If it appears to counsel at any time before trial that such rebuttal witnesses will be called, notice will immediately be given to opposing counsel and the Presiding Officer. 6.3 The probable length of hearing is ________ days. The hearings will be commenced on the ____ day of __________, 19____, at ____ o'clock __ M. at (location) __________. 6.4 Prehearing briefs will be filed not later than 5:00 p.m. on ________. (Insert date not later than ten (10) days prior to hearing.) All anticipated legal questions, including those relating to the admissibility of evidence, must be covered by prehearing briefs. This prehearing order has been formulated after a conference at which counsel for the respective parties appeared. Reasonable opportunity has been afforded counsel for corrections or additions prior to signing. It will control the course of the hearing, and it may not be amended except by consent of the parties and the Presiding Officer, or by order of the Presiding Officer to prevent manifest injustice. ________________________________________________________________________ (Presiding Officer's Name) (Presiding Officer's Title) [[Page 60]] APPROVED AS TO FORM AND SUBSTANCE Date: __________. ________________________________________________________________________ Complaint Counsel. ________________________________________________________________________ Attorney for Respondent(s). Note: Where intervenors appear pursuant to Sec. 511.17 the prehearing order may be suitably modified; the initial page may be modified to reflect the intervention. PART 512_CONFIDENTIAL BUSINESS INFORMATION--Table of Contents Subpart A_General Provisions Sec. 512.1 Purpose and scope. 512.2 Applicability. 512.3 Definitions. Subpart B_Submission Requirements 512.4 When requesting confidentiality, what should I submit? 512.5 How many copies should I submit? 512.6 How should I prepare documents when submitting a claim for confidentiality? 512.7 Where should I send the information for which I am requesting confidentiality? 512.8 What supporting information should I submit with my request? Subpart C_Additional Requirements 512.9 What are the requirements if the information comes from a third party? 512.10 Duty to amend. 512.11 What if I need an extension of time? 512.12 What if I am submitting multiple items of information? 512.13 What are the consequences for noncompliance with this part? Subpart D_Agency Determination 512.14 Who makes the confidentiality determination? 512.15 How will confidentiality determinations be made? 512.16 Class determinations. 512.17 How long should it take to determine whether information is entitled to confidential treatment? 512.18 How will I be notified of the confidentiality determination? 512.19 What can I do if I disagree with the determination? Subpart E_Agency Treatment of Information Claimed To Be Confidential 512.20 How does the agency treat information submitted pursuant to this part before a confidentiality determination is made? 512.21 How is information submitted pursuant to this part treated once a confidentiality determination is made? 512.22 Under what circumstances may NHTSA modify a grant of confidentiality? 512.23 Under what circumstances may NHTSA publicly release confidential information? Appendix A to Part 512--Certificate in Support of Request for Confidentiality Appendix B to Part 512--General Class Determinations Appendix C to Part 512--Early Warning Reporting Class Determinations Appendix D to Part 512--Vehicle Identification Number Information Appendix E to Part 512--Consumer Assistance to Recycle and Save (CARS) Class Determinations Appendix F to Part 512--OMB Clearance Authority: 49 U.S.C. 322; 5 U.S.C. 552; 49 U.S.C. 30166; 49 U.S.C. 30167; 49 U.S.C. 32307; 49 U.S.C. 32505; 49 U.S.C. 32708; 49 U.S.C. 32910; 49 U.S.C. 33116; delegation of authority at 49 CFR 1.50. Source: 68 FR 44228, July 28, 2003, unless otherwise noted. Subpart A_General Provisions Sec. 512.1 Purpose and scope. The purpose of this part is to establish the procedures and standards by which NHTSA will consider claims that information submitted to the agency is entitled to confidential treatment under 5 U.S.C. 552(b), most often because it constitutes confidential business information as described in 5 U.S.C. 552(b)(4), and to address the treatment of information determined to be entitled to confidential treatment. Sec. 512.2 Applicability. (a) This part applies to all information submitted to NHTSA, except as provided in paragraph (b) of this section, for which a determination is sought that the material is entitled to confidential treatment under 5 U.S.C. [[Page 61]] 552(b), most often because it constitutes confidential business information as described in 5 U.S.C. 552(b)(4), and should be withheld from public disclosure. (b) Information received as part of the procurement process is subject to the Federal Acquisition Regulation, 48 CFR Chapter 1, as well as this part. In any case of conflict between the Federal Acquisition Regulation and this part, the provisions of the Federal Acquisition Regulation prevail. Sec. 512.3 Definitions. Whenever used in this part: (a) Administrator means the Administrator of the National Highway Traffic Safety Administration. (b) Chief Counsel means the Chief Counsel of the National Highway Traffic Safety Administration. (c) Confidential business information means trade secrets or commercial or financial information that is privileged or confidential, as described in 5 U.S.C. 552(b)(4). (1) A trade secret is a secret, commercially valuable plan, formula, process, or device that is used for the making, preparing, compounding, or processing of trade commodities and that can be said to be the end product of either innovation or substantial effort. (2) Commercial or financial information is considered confidential if it has not been publicly disclosed and: (i) If the information was required to be submitted and its release is likely to impair the Government's ability to obtain necessary information in the future, or is likely to cause substantial harm to the competitive position of the person from whom the information was obtained; or (ii) if the information was voluntarily submitted and is the kind of information that is customarily not released to the public by the person from whom it was obtained. (d) NHTSA means the National Highway Traffic Safety Administration. (e) ``Substantial competitive harm'' includes ``significant competitive damage'' under Chapter 329 of Title 49 of the United States Code, Automobile Fuel Economy, 49 U.S.C. 32910(c). Subpart B_Submission Requirements Sec. 512.4 When requesting confidentiality, what should I submit? Any person submitting information to NHTSA, other than information in a class identified in appendix C of this Part, and requesting that the information be withheld from public disclosure pursuant to 5 U.S.C. 552(b) shall submit the following: (a) The materials for which confidentiality is being requested, in conformance with Sec. Sec. 512.5, 512.6, and 512.7 of this part; (b) The Certificate, in the form set out in appendix A to this part; (c) Supporting information, in conformance with Sec. 512.8; and (d) Any request for an extension of time, made in accordance with Sec. 512.11. Sec. 512.5 How many copies should I submit? (a) Except as provided for in subsection (c), a person must send the following in hard copy or electronic format to the Chief Counsel when making a claim for confidential treatment covering submitted material: (1) A complete copy of the submission, and (2) A copy of the submission containing only the portions for which no claim of confidential treatment is made and from which those portions for which confidential treatment is claimed has been redacted, and (3) Either a second complete copy of the submission or, alternatively, those portions of the submission containing the material for which confidential treatment is claimed and any additional information the submitter deems important to the Chief Counsel's consideration of the claim. (4) If submitted in electronic format, a copy of any special software required to review materials for which confidential treatment is requested and user instructions must also be provided. (b) A person filing comments to a rulemaking action must additionally submit to the rulemaking docket a copy of the submission containing only the portions for which no claim of confidential treatment is made and from [[Page 62]] which those portions for which confidential treatment is claimed has been redacted. (c) Any person submitting blueprints or engineering drawings need only provide an original version with their submission. Sec. 512.6 How should I prepare documents when submitting a claim for confidentiality? (a) Information claimed to be confidential must be clearly identified to enable the agency to distinguish between those portions of the submission claimed to constitute confidential business information and those portions for which no such claim is made. (b) The word ``CONFIDENTIAL'' must appear on the top of each page containing information claimed to be confidential. (1) If an entire page is claimed to be confidential, the submitter must indicate clearly that the entire page is claimed to be confidential. (2) If the information for which confidentiality is being requested is contained within a page, the submitter shall enclose each item of information that is claimed to be confidential within brackets: ``[ ].'' (c) Submissions in electronic format--(1) Persons submitting information under this Part may submit the information in an electronic format. Except for early warning reporting data submitted to the agency under 49 CFR part 579, the information submitted in an electronic format shall be submitted in a physical medium such as a CD-ROM. The exterior of the medium (e.g., the disk itself) shall be permanently labeled with the submitter's name, the subject of the information and the words ``CONFIDENTIAL BUSINESS INFORMATION''. (2) Confidential portions of electronic files submitted in other than their original format must be marked ``Confidential Business Information'' or ``Entire Page Confidential Business Information'' at the top of each page. If only a portion of a page is claimed to be confidential, that portion shall be designated by brackets. Files submitted in their original format that cannot be marked as described above must, to the extent practicable, identify confidential information by alternative markings using existing attributes within the file or means that are accessible through use of the file's associated program. When alternative markings are used, such as font changes or symbols, the submitter must use one method consistently for electronic files of the same type within the same submission. The method used for such markings must be described in the request for confidentiality. Files and materials that cannot be marked internally, such as video clips or executable files or files provided in a format specifically requested by the agency, shall be renamed prior to submission so the words ``Confidential Bus Info'' appears in the file name or, if that is not practicable, the characters ``Conf Bus Info'' or ``Conf'' appear. In all cases, a submitter shall provide an electronic copy of its request for confidential treatment on any medium containing confidential information, except where impracticable. (3) Confidential portions of electronic files submitted in other than their original format must be marked with consecutive page numbers or sequential identifiers so that any page can be identified and located using the file name and page number. Confidential portions of electronic files submitted in their original format must, if practicable, be marked with consecutive page numbers or sequential identifiers so that any page can be identified and located using the file name and page number. Confidential portions of electronic files submitted in their original format that cannot be marked as described above must, to the extent practicable, identify the portions of the file that are claimed to be confidential through the use of existing indices or placeholders embedded within the file. If such indices or placeholders exist, the submitter's request for confidential treatment shall clearly identify them and the means for locating them within the file. If files submitted in their original format cannot be marked with page or sequence number designations and do not contain existing indices or placeholders for locating confidential information, then the portions of the files that are claimed to be confidential shall be described by other means [[Page 63]] in the request for confidential treatment. In all cases, submitters shall provide an electronic copy of their request for confidential treatment on any media containing confidential data except where impracticable. (4) Electronic media may be submitted only in commonly available and used formats. [68 FR 44228, July 28, 2003, as amended at 72 FR 59469, Oct. 19, 2007] Sec. 512.7 Where should I send the information for which I am requesting confidentiality? A claim for confidential treatment must be submitted in accordance with the provisions of this regulation to the Chief Counsel of the National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., West Building W41-227, Washington, DC 20590. [72 FR 59470, Oct. 19, 2007] Sec. 512.8 What supporting information should I submit with my request? When requesting confidentiality, the submitter shall: (a) Describe the information for which confidentiality is being requested; (b) Identify the confidentiality standard(s) under which the confidentiality request should be evaluated, in accordance with Sec. 512.15; (c) Justify the basis for the claim of confidentiality under the confidentiality standard(s) identified pursuant to paragraph (b) of this section by describing: (1) Why the information qualifies as a trade secret, if the basis for confidentiality is that the information is a trade secret; (2) What the harmful effects of disclosure would be and why the effects should be viewed as substantial, if the claim for confidentiality is based upon substantial competitive harm; (3) What significant NHTSA interests will be impaired by disclosure of the information and why disclosure is likely to impair such interests, if the claim for confidentiality is based upon impairment to government interests; (4) What measures have been taken by the submitter to ensure that the information is not customarily disclosed or otherwise made available to the public, if the basis for confidentiality is that the information is voluntarily submitted; and (5) The information is otherwise entitled to protection, pursuant to 5 U.S.C. 552(b). (d) Indicate if any items of information fall within any of the class determinations included in appendix B to this Part; (e) Indicate the time period during which confidential treatment is sought; and (f) State the name, address, and telephone number of the person to whom NHTSA's response and any inquiries should be directed. Subpart C_Additional Requirements Sec. 512.9 What are the requirements if the information comes from a third party? Where confidentiality is claimed for information obtained by the submitter from a third party, such as a supplier, the submitter is responsible for obtaining from the third party the information that is necessary to comply with Sec. 512.4 of this part, including a certificate in the form set out in appendix A to this Part. Sec. 512.10 Duty to amend. The submitter shall promptly amend any supporting information provided under Sec. 512.4 if the submitter obtains information upon the basis of which the submitter knows that the supporting information was incorrect when provided, or that the supporting information, though correct when provided to the agency, is no longer correct and the circumstances are such that a failure to amend the supporting information is in substance a knowing concealment. Sec. 512.11 What if I need an extension of time? If a person is unable to submit the necessary information required under Sec. 512.4 at the time the claimed confidential information is submitted to NHTSA, then that person may request an extension of time. Any request for an extension shall explain the reason [[Page 64]] for the extension of time and the length of time requested. Sec. 512.12 What if I am submitting multiple items of information? Any certificate provided under Sec. 512.4(b) of this part, and any supporting information provided under Sec. 512.4(c) of this part, may be used to support a claim for confidential treatment of more than one item of information. However, general or nonspecific assertions or analysis may be insufficient to form an adequate basis for the agency to find that the information is entitled to confidential treatment, and may result in the denial of the claim. Sec. 512.13 What are the consequences for noncompliance with this part? (a) If the submitter fails to comply with Sec. 512.4 of this part at the time the information is submitted to NHTSA or does not request an extension of time under Sec. 512.11, the claim for confidentiality may be waived, unless the agency is notified or otherwise becomes aware of the claim before the information is disclosed to the public. If the information is placed in a public docket or file, such placement is disclosure to the public within the meaning of this part and may preclude any claim for confidential treatment. The Chief Counsel may notify a submitter of information or, if applicable, a third party from whom the information was obtained, of inadequacies regarding a claim for confidential treatment and may allow the submitter or third party additional time to supplement the submission, but has no obligation to provide either notice or additional time. (b) If the submitter does not provide the certificate required under Sec. 512.4(b) of this part or any supporting information required under Sec. 512.4(c) of this part, or if the information is insufficient to establish that the information should be afforded confidential treatment under the confidentiality standards set out in Sec. 512.15 of this part, a request that such information be treated confidentially may be denied. The Chief Counsel may notify a submitter of information of inadequacies in the supporting information and may allow the submitter additional time to supplement the showing, but has no obligation to provide either notice or additional time. Subpart D_Agency Determination Sec. 512.14 Who makes the confidentiality determination? The Chief Counsel will determine whether an item of information will be afforded confidential treatment under this part. Sec. 512.15 How will confidentiality determinations be made? Information may be afforded confidential treatment if the Chief Counsel determines that: (a) The information is a trade secret; (b) Public disclosure of the information would be likely to cause substantial harm to the competitive position of the submitter; (c) Public disclosure of the information would be likely to impair NHTSA's ability to obtain necessary information in the future; (d) The information was provided to NHTSA voluntarily and was not customarily released to the public by the person from whom it was obtained; or (e) The information is otherwise entitled to protection, pursuant to 5 U.S.C. 552(b). Sec. 512.16 Class determinations. (a) The Chief Counsel may issue class determinations of categories of information to be entitled to confidential treatment if the Chief Counsel determines that one or more characteristics common to each item of information in that class, will, in most cases, result in identical treatment, and further that it is appropriate to treat all such items as a class for one or more purposes under this part. Once a class determination is made, the Chief Counsel will publish the new class determination in the Federal Register. (b) The Chief Counsel may amend, modify, or terminate any class determination established under this section. These changes will be published in the Federal Register. (c) Class determinations made by the Chief Counsel are listed in Appendices B and C to this Part. [[Page 65]] (d) A class determination may state that all of the information in the class: (1) Is or is not governed by a particular section of this part or by a particular set of substantive criteria of this part; (2) Satisfies one or more of the applicable substantive criteria; or (3) Satisfies one or more of the substantive criteria, but only for a certain period of time. Sec. 512.17 How long should it take to determine whether information is entitled to confidential treatment? (a) When information claimed to be confidential is requested under the Freedom of Information Act, the determination will be made within twenty (20) working days after NHTSA receives such a request or within thirty (30) working days in unusual circumstances as provided under 5 U.S.C. 552(a)(6)(A). However, these time periods may be extended by the Chief Counsel for good cause shown or on request from any person. An extension will be made in accordance with 5 U.S.C. 552(a)(6)(A), and will be accompanied by a written statement setting out the reasons for the extension. (b) When information claimed to be confidential is not requested under the Freedom of Information Act, the determination of confidentiality will be made within a reasonable period of time, at the discretion of the Chief Counsel. Sec. 512.18 How will I be notified of the confidentiality determination? (a) If a request for confidential treatment is granted, the submitter of the information will be notified in writing of the determination and of any appropriate limitations. (b) If a request for confidential treatment is denied in whole or in part, the submitter of the information will be notified in writing of the determination, and the reasons for the denial, by certified mail, return receipt requested. The information may be made available to the public twenty (20) working days after the submitter of the information has received notice of the denial, unless a request for reconsideration is filed. The information may be released publicly on an earlier date, if the Chief Counsel determines in writing that the public interest requires that the information be made available to the public on such date. Sec. 512.19 What can I do if I disagree with the determination? (a) A submitter of information whose request for confidential treatment is denied in whole or in part, may petition for reconsideration of that decision. Petitions for reconsideration shall be addressed to and received by the Chief Counsel prior to the date on which the information would otherwise be made available to the public. The determination by the Chief Counsel upon such petition for reconsideration shall be administratively final. (b) If a person is unable to submit a petition for reconsideration within twenty (20) working days of receiving notice that a claim for confidential treatment was denied, that person may submit a request for an extension of time. The Chief Counsel must receive any request for an extension of time before the date on which the information would be made available to the public, and the request must be accompanied by an explanation describing the reason for the request and the length of time requested. The Chief Counsel will determine whether to grant or deny the extension and the length of the extension. (c) If a petition for reconsideration is granted, the petitioner will be notified in writing of the determination and of any appropriate limitations. (d) If a petition for reconsideration is denied in whole or in part, or if a request for an extension is denied, the petitioner will be notified in writing of the denial, and the reasons for the denial, and will be informed that the information will be made available to the public not less than twenty (20) working days after the petitioner has received notice of the denial. The information may be released publicly on an earlier date, if the Administrator determines in writing that the public interest requires that the information be made available to the public on such date. [[Page 66]] Subpart E_Agency Treatment of Information Claimed To Be Confidential Sec. 512.20 How does the agency treat information submitted pursuant to this part before a confidentiality determination is made? (a) Information received by NHTSA, for which a properly filed confidentiality request is submitted, will be kept confidential until the Chief Counsel makes a determination regarding its confidentiality. Such information will not be disclosed publicly, except in accordance with this part. (b) Redacted copies of documents submitted to NHTSA under this part will be disclosed to the public. Sec. 512.21 How is information submitted pursuant to this part treated once a confidentiality determination is made? (a) Once the Chief Counsel makes a determination regarding the confidentiality of the submitted information, all materials determined not to be entitled to confidential protection will be disclosed to the public in accordance with the determination, unless a timely petition for reconsideration is received by the agency. (b) Upon receipt of a timely petition for reconsideration under Sec. 512.19 of this part, the submitted information will remain confidential, pending a determination regarding the petition. (c) Should the Chief Counsel, after considering a petition for reconsideration, decide that information is not entitled to confidential treatment, the agency may make the information available after twenty (20) working days after the submitter has received notice of that decision from the Chief Counsel unless the agency receives direction from a court not to release the information. [68 FR 44228, July 28, 2003, as amended at 69 FR 21425, Apr. 21, 2004] Sec. 512.22 Under what circumstances may NHTSA modify a grant of confidentiality? (a) The Chief Counsel may modify a grant of confidentiality based upon: (1) Newly discovered or changed facts; (2) A change in the applicable law; (3) A change in class determination, pursuant to Sec. 512.16; (4) The passage of time; or (5) A finding that the prior determination is erroneous. (b) If the Chief Counsel believes that an earlier determination of confidentiality should be modified based on one or more of the factors listed in paragraph (a) of this section, the submitter of the information will be notified in writing that the Chief Counsel has modified its earlier determination and of the reasons for the modification, and will be informed that the information will be made available to the public in not less than twenty (20) working days from the date of receipt of the notice of modification. The information may be released publicly on an earlier date, if the Administrator determines in writing that the public interest requires that the information be made available to the public on such date. The submitter may seek reconsideration of the modification, pursuant to Sec. 512.19. Sec. 512.23 Under what circumstances may NHTSA publicly release confidential information? (a) Information that has been claimed or determined to be confidential under this part may be disclosed to the public by the Administrator notwithstanding such claim or determination, if disclosure would be in the public interest as follows: (1) Information obtained under chapter 325, 327, 329 or 331 of title 49 of the United States Code (formerly under the Motor Vehicle Information and Cost Savings Act) may be disclosed when that information is relevant to a proceeding under the chapter under which the information was obtained. (2) Information obtained under chapter 301 of title 49 of the United States Code (49 U.S.C. Sec. 30101 et seq.), relating to the establishment, amendment, or modification of Federal motor vehicle safety standards, may be disclosed when relevant to a proceeding under the chapter. (3) Except as specified in the next sentence, information obtained under Chapter 301 of title 49 of the United [[Page 67]] States Code (49 U.S.C. 30101 et seq.), related to a possible defect or noncompliance, shall be disclosed when the Administrator decides the information will assist in carrying out sections 30117(b) and 30118 through 30121 of title 49 or is required to be disclosed under 30118(a) of title 49, except as provided in paragraph (a)(4) of this section. (4) No information will be disclosed under paragraph (a) of this section unless the submitter of the information is given written notice of the Administrator's intention to disclose information under this section. Written notice will be given at least twenty (20) working days before the day of release, unless the Administrator finds that shorter notice is in the public interest. The notice under this paragraph will include a statement of the Administrator's reasons for deciding to disclose the information, and will afford the submitter of the information an opportunity to comment on the contemplated release of the information. The Administrator may also give notice of the contemplated release of information to other persons and may allow these persons the opportunity to comment. In making the determination to release information pursuant to this section, the Administrator will consider ways to release the information that will cause the least possible adverse effects to the submitter. (b) Notwithstanding any other provision of this part, information that has been determined or claimed to be confidential may be released: (1) To a committee of Congress; (2) Pursuant to an order of a court of competent jurisdiction; (3) To the Office of the Secretary, U.S. Department of Transportation and other Executive branch offices or other Federal agencies in accordance with applicable laws; (4) With the consent of the submitter of the information; and (5) To contractors, if necessary for the performance of a contract with the agency or any Federal agency, with specific prohibitions on further release of the information. Sec. Appendix A to Part 512--Certificate in Support of Request for Confidentiality Certificate in Support of Request for Confidentiality I __________, pursuant to the provisions of 49 CFR part 512, state as follows: (1) I am (official's name, title) and I am authorized by (company) to execute this certificate on its behalf; (2) I certify that the information contained in (pertinent document(s)) is confidential and proprietary data and is being submitted with the claim that it is entitled to confidential treatment under 5 U.S.C. 552(b)(4) (as incorporated by reference in and modified by the statute under which the information is being submitted); (3) I hereby request that the information contained in (pertinent document(s)) be protected for (requested period of time); (4) This certification is based on the information provided by the responsible (company) personnel who have authority in the normal course of business to release the information for which a claim of confidentiality has been made to ascertain whether such information has ever been released outside (company); (5) Based upon that information, to the best of my knowledge, information and belief, the information for which (company) has claimed confidential treatment has never been released or become available outside (company); (except as hereinafter specified); (6) I make no representations beyond those contained in this certificate and, in particular, I make no representations as to whether this information may become available outside (company) because of unauthorized or inadvertent disclosure (except as stated in paragraph 5); and (7) I certify under penalty of perjury that the foregoing is true and correct. Executed on this the ______ day of ______, ______. (If executed outside of the United States of America: I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct). (signature of official) Sec. Appendix B to Part 512--General Class Determinations The Chief Counsel has determined that the following types of information would presumptively be likely to result in substantial competitive harm if disclosed to the public: (1) Blueprints and engineering drawings containing process and production data where the subject could not be manufactured without the blueprints or engineering drawings except after significant reverse engineering; [[Page 68]] (2) Future specific model plans (to be protected only until the date on which the specific model to which the plan pertains is first offered for sale); and (3) Future vehicle production or sales figures for specific models (to be protected only until the termination of the production period for the model year vehicle to which the information pertains). [68 FR 44228, July 28, 2003, as amended at 69 FR 21425, Apr. 21, 2004] Sec. Appendix C to Part 512--Early Warning Reporting Class Determinations (a) The Chief Counsel has determined that the following information required to be submitted to the agency under 49 CFR 579, Subpart C, if released, is likely to cause substantial harm to the competitive position of the manufacturer submitting the information and is likely to impair the government's ability to obtain necessary information in the future: (1) Reports and data relating to warranty claim information and warranty adjustment information for manufacturers of tires; (2) Reports and data relating to field reports, including dealer reports, product evaluation reports, and hard copies of field reports; and (3) Reports and data relating to consumer complaints. (b) The Chief Counsel has determined that the following information required to be submitted to the agency under 49 CFR 579, Subpart C, if released, is likely to cause substantial harm to the competitive position of the manufacturer submitting the information: (1) Reports of production numbers for child restraint systems, tires, and vehicles other than light vehicles, as defined in 49 CFR 579.4(c); and (2) Lists of common green tire identifiers. [72 FR 59470, Oct. 19, 2007] Sec. Appendix D to Part 512--Vehicle Identification Number Information The Chief Counsel has determined that the disclosure of the last six (6) characters, when disclosed along with the first eleven (11) characters, of vehicle identification numbers reported in information on incidents involving death or injury pursuant to the early warning information requirements of 49 CFR part 579 will constitute a clearly unwarranted invasion of personal privacy within the meaning of 5 U.S.C. 552(b)(6). [72 FR 59470, Oct. 19, 2007] Sec. Appendix E to Part 512--Consumer Assistance to Recycle and Save (CARS) Class Determinations (a) The Chief Counsel has determined that the following information required to be submitted to the agency under 49 CFR part 599, if released, is likely to cause substantial harm to the competitive position of the entity submitting the information: (1) Vehicle Manufacturer Issued Dealer Identification Code; (2) Dealer Bank Name, ABA Routing Number and Bank Account Number; and (3) CARS Dealer Code and Authorization Code. (b) The Chief Counsel has determined that the disclosure of the new vehicle owner's name, home address, telephone number, state identification number and last six (6) characters, when disclosed along with the first eleven (11) characters, of the new vehicle identification numbers reported in transactions submitted to the agency under 49 CFR Part 599 will constitute a clearly unwarranted invasion of personal privacy within the meaning of 5 U.S.C. 552(b)(6). [74 FR 37897, July 29, 2009] Sec. Appendix F to Part 512--OMB Clearance The OMB clearance number for this part 512 is 2127-0025. [74 FR 37897, July 29, 2009] PART 520_PROCEDURES FOR CONSIDERING ENVIRONMENTAL IMPACTS--Table of Contents Subpart A_General Sec. 520.1 Purpose and scope. 520.2 Policy. 520.3 Definitions. 520.4 Applicability. 520.5 Guidelines for identifying major actions significantly affecting the environment. Subpart B_Procedures 520.21 Preparation of environmental reviews, negative declarations, and notices of intent. 520.22 Maintenance of a list of actions. 520.23 Preparation of draft environmental impact statements. 520.24 Internal processing of draft environmental impact statements. 520.25 External review of draft environmental impact statements. 520.26 Public hearings. 520.27 Legislative actions. [[Page 69]] 520.28 Preparation of final environmental impact statements. 520.29 Internal review of final environmental impact statements. 520.30 Availability of final environmental impact statements. 520.31 Amendments or supplements. 520.32 Emergency action procedures. 520.33 Timing of proposed NHTSA actions. 520.34 Comments on environmental statements prepared by other agencies. Attachment 1 to Part 520--Form and Content of Statement Attachment 2 to Part 520--Areas of Environmental Impact and Federal Agencies and Federal-State Agencies With Jurisdiction by Law or Special Expertise To Comment Thereon [Note] Attachment 3 to Part 520--Offices Within Federal Agencies and Federal- State Agencies for Information Regarding the Agencies' Impact Statements for Which Comments Are Requested [Note] Attachment 4 to Part 520--State and Local Agency Review of Impact Statements Authority: Secs. 102(2)(A), 102(2)(C), Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 2(b), 4(f), Pub. L. 89-670, 80 Stat. 931 (49 U.S.C. 1651(b), 1653(f)); E.O. 11514, 35 FR 4247; 40 CFR part 1500; DOT Order 5610.1B, 39 FR 35234; delegations of authority at 49 CFR 1.45, 1.51. Source: 40 FR 52396, Nov. 10, 1975, unless otherwise noted. Subpart A_General Sec. 520.1 Purpose and scope. (a) Section 102(2)(C) of the National Environmental Policy Act of 1969 (83 Stat. 853; 42 U.S.C. 4332(2)(C)), as implemented by Executive Order 11514 (3 CFR, 1966-1970 Comp., p. 902) and the Council on Environmental Quality's Guidelines of April 23, 1971 (36 FR 7724), requires that all agencies of the Federal Government prepare detailed environmental statements on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment. The purpose of the Act is to build into the agency decision-making process careful consideration of all environmental aspects of proposed actions. (b) This part specifies National Highway Traffic Safety Administration (NHTSA) procedures for conducting environmental assessments and reviews, and for the preparation of environmental impact statements on proposals for legislation and other major agency actions significantly affecting the quality of the human environment. Sec. 520.2 Policy. The agency will strive to carry out the full intent and purpose of the National Environmental Policy Act of 1969 and related orders and statutes, and take positive steps to avoid any action which could adversely affect the quality of the human environment. Sec. 520.3 Definitions. (a) Environmental assessment is a written analysis describing the environmental impact of a proposed or ongoing agency action, submitted to the agency either by its grantees or contractors, or by any person outside the agency as part of any program or project proposal within the scope of activities listed in Sec. 520.4(b). (b) Environmental review is a formal evaluation undertaken by the agency, culminating in a brief document (the environmental review report), to determine whether a proposed or ongoing NHTSA action may have a significant impact on the environment. The review document will be included in the proposed or ongoing agency action, and either support a negative declaration or recommend the preparation of a draft environmental impact statement. (c) Draft environmental impact statement (DEIS) means a preliminary statement on the environmental impact of a proposed or ongoing NHTSA action which is circulated for comment and review within and outside NHTSA. (d) Final environmental impact statement (FEIS) means a detailed statement which, pursuant to section 102(2)(C) of the National Environmental Policy Act, identifies and analyzes the anticipated environmental impact of a proposed or ongoing NHTSA action. (e) Negative declaration means a statement prepared subsequent to an environmental review, which states that a proposed or ongoing NHTSA action will have no significant environmental impact and therefore does not require a draft or final environmental impact statement. [[Page 70]] Sec. 520.4 Applicability. (a) Scope. This part applies to all elements of NHTSA, including the Regional Offices. (b) Actions covered. Except as provided in paragraph (e) of this section, this part applies to the following agency actions and such actions and proposals as may be sponsored jointly with another agency: (1) New and continuing programs and projects; budget proposals; legislative proposals by the agency; requests for appropriations; reports on legislation initiated elsewhere where the agency has primary responsibility for the subject matter involved; and any renewals or reapprovals of the foregoing; (2) Research, development, and demonstration projects; formal approvals of work plans; and associated contracts; (3) Rulemaking and regulatory actions, including Notices of Proposed Rulemaking (NPRM); requests for procurement (RFP); requests for grants (Annual Work Programs); and contracts; (4) All grants, loans or other financial assistance for use in State and Community projects; (5) Annual State Highway Safety Work Programs; (6) Construction; leases; purchases; operation of Federal facilities; and (7) Any other activity, project, or action likely to have a significant effect on the environment. (c) Continuing actions. This part applies to any action enumerated in paragraph (b) of this section, even though such actions arise from a project or program initiated prior to enactment of the National Environmental Policy Act on January 1, 1970. (d) Environmental assessments. Within the scope of activities listed in Sec. 520.4(b), any person outside the agency submitting a program or project proposal may be requested to prepare an environmental assessment of such proposed action to be included in his submission to the agency. (e) Exceptions. (1) Assistance in the form of general revenue sharing funds, distributed under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221, with no control by the NHTSA over the subsequent use of such funds; (2) Personnel actions; (3) Administrative procurements (e.g., general supplies) and contracts for personal services; (4) Legislative proposals originating in another agency and relating to matters not within NHTSA's primary areas of responsibility; (5) Project amendments (e.g., increases in costs) which have no environmental significance; and (6) Minor agency actions that are determined by the official responsible for the actions to be of such limited scope that they clearly will not have a significant effect on the quality of the human environment. (f) Consolidation of statements. Proposed actions (and alternatives thereto) having substantially similar environmental impacts may be covered by a single environmental review and environmental impact statement or negative declaration. Sec. 520.5 Guidelines for identifying major actions significantly affecting the environment. (a) General guidelines. The phrase, ``major Federal actions significantly affecting the quality of the human environment,'' as used in this part, shall be construed with a view to the overall, cumulative impact of the actions, other Federal projects or actions in the area, and any further contemplated or anticipated actions. Therefore, an environmental impact statement should be prepared in any of the following situations: (1) Proposed actions which are localized in their impact but which have a potential for significantly affecting the environment; (2) Any proposed action which is likely to be controversial on environmental grounds; (3) Any proposed action which has unclear but potentially significant environmental consequences. (b) Specific guidelines. While a precise definition of environmental significance that is valid in all contexts is not possible, any of the following actions should ordinarily be considered as significantly affecting the quality of the human environment: [[Page 71]] (1) Any matter falling under section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)) and section 138 of Federal-aid highway legislation (23 U.S.C. 138), requiring the use of any publicly owned land from a park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance; (2) Any matter falling under section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470(f)), requiring consideration of the effect of the proposed action on any building included in the National Register of Historic Preservation and reasonable opportunity for the Advisory Council on Historic Preservation to comment on such action; (3) Any action that is likely to affect the preservation and enhancement of sites of historical, architectural, or archaeological significance; (4) Any action that is likely to be highly controversial regarding relocation housing; (5) Any action that (i) divides or disrupts an established community, disrupts orderly, planned development, or is inconsistent with plans or goals that have been adopted by the community in which the project is located; or (ii) causes significantly increased congestion; (6) Any action that (i) involves inconsistency with any Federal, State, or local law or administrative determination relating to the environment; (ii) has a significantly detrimental impact on air or water quality or on ambient noise levels for adjoining areas; (iii) involves a possibility of contamination of a public water supply system; or (iv) affects ground water, flooding, erosion, or sedimentation; (7) Any action that may directly or indirectly result in a significant increase in noise levels, either within a motor vehicle's closed environment or upon nearby areas; (8) Any action that may directly or indirectly result in a significant increase in the energy or fuel necessary to operate a motor vehicle, including but not limited to the following: (i) Actions which may directly or indirectly result in a significant increase in the weight of a motor vehicle; and (ii) actions which may directly or indirectly result in a significant adverse effect upon the aerodynamic drag of a motor vehicle; (9) Any action that may directly or indirectly result in a significant increase in the amount of harmful emissions resulting from the operation of a motor vehicle; (10) Any action that may directly or indirectly result in a significant increase in either the use of or the exposure to toxic or hazardous materials in the manufacture, operation, or disposal of motor vehicles or motor vehicle equipment; (11) Any action that may directly or indirectly result in a significant increase in the problem of solid waste, as in the disposal of motor vehicles or motor vehicle equipment; (12) Any action that may directly or indirectly result in a significant depletion of scarce natural resources associated with the manufacture or operation of motor vehicles or motor vehicle equipment; and (13) Any other action that causes significant environment impact by directly or indirectly affecting human beings through adverse impacts on the environment. (c) Research activities. (1) In accord-ance with DOT Order 5610.1B, the Assistant Secretary for Systems Development and Technology (TST) will prepare, with the concurrence of the NHTSA, proposed procedures for assessing the environmental consequences of research activities. Until final procedures are promulgated, the following factors are to be considered for periodic evaluation to determine when an environmental statement is required for such programs: (i) The magnitude of Federal investment in the program; (ii) The likelihood of widespread application of the technology; (iii) The degree of environmental impact which would occur if the technology were widely applied; and (iv) The extent to which continued investment in the new technology is likely to restrict future alternatives. [[Page 72]] (2) The statement or environmental review culminating in a negative declaration must be written late enough in the development process to contain meaningful information, but early enough so that this information can practically serve as an input in the decision-making process. Where it is anticipated that an environmental impact statement may ultimately be required but its preparation is still premature, the office shall prepare a publicly available record briefly setting forth the reasons for its determination that a statement is not yet necessary. This record shall be updated at least quarterly, or as may be necessary when significant new information becomes available concerning the potential environmental impact of the program. In any case, a statement or environmental review culminating in a negative declaration must be prepared before research activities have reached a state of investment or commitment to implementation likely to determine subsequent development or restrict later alternatives. Statements on technology research and development programs shall include an analysis not only of alternative forms of the same technology that might reduce any adverse environmental impacts but also of alternative technologies that would serve the same function as the technology under consideration. Efforts shall be made to involve other Federal agencies and interested groups with relevant expertise in the preparation of such statements because the impacts and alternatives to be considered are likely to be less well defined than in other types of statements. Subpart B_Procedures Sec. 520.21 Preparation of environmental reviews, negative declarations, and notices of intent. (a) General responsibilities--(1) Associate Administrators and Chief Counsel. Each Associate Administrator and the Chief Counsel is responsible for determining, in accordance with Subpart A, whether the projects and activities under his jurisdiction require an environmental review, and for preparing all such reviews, negative declarations, and notices of intent. (2) Regional Administrators. Each Regional Administrator, in consultation with the Governor's Representative, is responsible for determining, in accordance with Subpart A, whether proposed State activities in his Region, as stated in Annual Work Programs, require an environmental review, and for the preparing all such reviews, negative declarations, and notices of intent. (3) Associate Administrator for Planning and Evaluation. The Associate Administrator for Planning and Evaluation may request in accordance with the requirements of this order, that the appropriate Associate Administrator or Regional Administrator prepare an Environmental review or Environmental Impact Statement for any proposed or continuing NHTSA action, or comment on any environmental statement prepared by other agencies. (b) Coordination. Coordination with appropriate local, State and Federal agencies should be accomplished during the early stages by the responsible official to assist in identifying areas of significance and concern. Existing procedures, including those established under the Office of Management and Budget (OMB) Revised Circular A-95, should be used to the greatest extent practicable to accomplish this early coordination. (c) Applicants. (1) Each applicant for a grant, loan, or other financial assistance for use in State and community projects may be requested to submit, with the original application, an environmental assessment of the proposed project. (2) Under OMB Revised Circular A-95, ``Evaluation, Review, and Coordination of Federal Assistance Programs and Projects,'' and DOT 4600.4B, ``Evaluation, Review and Coordination of DOT Assistance Programs and Projects,'' dated February 27, 1974, a grant applicant must notify the clearinghouse of its intention to apply for Federal program assistance. The notification must solicit comments on the project and its impacts from appropriate State and local agencies. Since it is the NHTSA's policy to assure that (i) interested parties and Federal, State, and local agencies receive early notification of the decision to prepare an environmental [[Page 73]] impact statement, and (ii) their comments on the environmental effects of the proposed Federal action are solicited at an early stage in the preparation of the draft impact statement, this early notification requirement may be met by a grant applicant by sending the notification to interested parties and agencies at the same time it is sent to the clearinghouse. (d) Consultants. Consultants may prepare background or preliminary material and assist in preparing a draft or final environmental statement for which the NHTSA takes responsibility. Care should be exercised in selecting consultants, and in reviewing their work, to insure complete and objective consideration of all relevant project impacts and alternatives, particularly if the consultant may expect further contracts based on the outcome of the environmental decision. (e) Environmental review report. The environmental review shall culminate in a brief written report of the same title, which shall be included in the proposed or ongoing agency action, and which: (1) Describes the proposed or ongoing NHTSA action, the environment affected, and the anticipated benefits; (2) Evaluates the potential environmental impact, including those adverse impacts which cannot be avoided, should the proposal be implemented or the action continued; (3) Assesses the alternatives to the proposed or ongoing action and their potential environmental impact; (4) Evaluates the cumulative and long-term environmental effects of the proposed or ongoing action; (5) Describes the irreversible and irretrievable commitments of resources involved in the proposal's implementation or the action's continuance; (6) Identifies any known or potential conflicts with State, regional, or local plans and programs; (7) Weighs and analyzes the anticipated benefits against the environmental and other costs of the proposed or ongoing action in a manner which reflects similar comparisons of reasonably available alternatives; and (8) Concludes with a negative declaration or recommends the preparation of a DEIS. (f) Negative declarations. (1) If the responsible official judges that the environmental impact of a proposed or ongoing action under his jurisdiction will not significantly affect the quality of the human environment, the following declaration will be included in the environmental review report: It is the judgment of this agency, based on available information, that no significant environmental impact will result from execution of this action. (2) A DEIS may be changed to a negative declaration if the public review process indicates that the proposal or ongoing action will not have a significant effect upon the environment. (3) An index of all negative declarations and a copy of each environmental review report shall be retained by the responsible official under whose jurisdiction it was prepared and shall be made available for public inspection upon request. (g) Notice of intent to prepare a draft environmental impact statement. If the responsible official under whose jurisdiction an environmental review is prepared determines that the proposed or ongoing action could have a potentially significant effect on the quality of the environment, he shall: coordinate with the Associate Administrator for Planning and Evaluation and the Chief Counsel, transmit to appropriate Federal, State and local agencies and have published in the Federal Register a notice of intent to prepare an environmental statement as soon as is practicable after the determination to prepare such a statement. Sec. 520.22 Maintenance of a list of actions. (a) The Associate Administrator for Planning and Evaluation shall be responsible for the preparation and maintenance of a list of actions for which draft or final environmental impact statements have been or are to be prepared. This list shall be on file with the Associate Administrator for Planning and Evaluation and shall be available for public inspection in the Docket Section upon request. A copy of the initial list and its updatings at the end of each calendar quarter shall be transmitted by the Associate Administrator [[Page 74]] for Planning and Evaluation to TES and CEQ. (b) If a determination is made that an environmental statement is not necessary for a proposed action (1) which has been identified as normally requiring preparation of a statement, (2) which is similar to actions for which a significant number of statements have been prepared, (3) which the agency has previously announced would be the subject of a statement, or (4) for which the official responsible for such proposal has made a negative determination in response to a request from the CEQ, a record briefly setting forth the decision and the reasons for that determination shall be prepared by the responsible official. Such a record of negative determinations and any evaluations made pursuant to Sec. 520.21 which conclude that preparation of a statement is not yet timely shall be prepared by the responsible official, submitted to the Associate Administrator for Planning and Evaluation, and made available by the Associate Administrator for Planning and Evaluation in the same manner as provided in paragraph (a) of this section for lists of statements under preparation. Sec. 520.23 Preparation of draft environmental impact statements. (a) Planning stage. (1) When a DEIS is to be prepared, the responsible official shall promptly initiate its preparation and develop a schedule in consultation with the Associate Administrator for Planning and Evaluation, to assure completion prior to the first significant point of decision in the program or project development process. (2) The environmental impacts of proposed activities should be initially assessed concurrently with the initial technical and economic studies. (3) Section 102(2)(A) of NEPA requires each Federal agency to utilize a ``systematic, interdisciplinary approach'' to plans and programs affecting the environment. To assure that all environmental impacts are identified and assessed, all relevant disciplines should be represented. If the necessary disciplines are not represented on the staff of the applicant or NHTSA, it is appropriate to use professional services available in other Federal, State or local agencies, universities, or consulting firms. The use of the interdisciplinary approach should not be limited to the environmental statement. This approach should also be used in the early planning stages to help assure a systematic evaluation of reasonable alternative courses of action and their potential social, economic, and environmental consequences. (b) Form and content requirements. Attachment 1 of this order prescribes the form and content requirements to be followed for each draft and final environmental impact statement. The DEIS must fulfill and satisfy, to the fullest extent possible at the time it is prepared, the requirements established for final statements. (c) Lead agency. CEQ guidelines provide that when more than one Federal agency (1) directly sponsors an action, or is directly involved in an action through funding, licenses, or permits, or (2) is involved in a group of actions directly related to each other because of their functional interdependence and geographical proximity, consideration should be given to preparing one statement for all the Federal actions involved. Agencies in such cases should consider the designation of a single ``lead agency'' to assume supervisory responsibility for preparation of a joint statement. Where a lead agency prepares the statement, the other agencies involved should provide assistance with respect to their areas of jurisdiction and expertise. The statement should contain an evaluation of the full range of Federal actions involved, should reflect the views of all participating agencies, and should be prepared before major or irreversible actions have been taken by any of the participating agencies. Some relevant factors in determining an appropriate lead agency are: The time sequence in which the agencies become involved, the magnitude of their respective involvement, and their relative expertise with respect to the project's environmental effects. Questions concerning ``lead agency'' decisions should be raised with CEQ through TES. For projects serving and primarily involving land owned by or [[Page 75]] under the jurisdiction of another Federal agency, that agency may be the appropriate lead agency. (d) Applicants. Where the agency requests an applicant for financial assistance or other agency approval to submit an environmental assessment, the responsible official will (1) assist the applicant by outlining the information required, and (2) in all cases make his own evaluation of the environmental issues involved and take responsibility for the scope and content of draft and final environmental statements. Sec. 520.24 Internal processing of draft environmental impact statements. Before circulating a DEIS for external review, the official responsible for the DEIS shall receive the concurrence of the Associate Administrator for Planning and Evaluation and the Chief Counsel; and prepare a memorandum for approval by the Administrator which shall: (a) Set forth the basis on which it was determined that a potentially significant environmental effect exists; (b) Attach the DEIS; (c) Identify the Federal, State, and local agencies and private sources from which comments on the DEIS are proposed to be solicited (see Attachment 2); \1\ and --------------------------------------------------------------------------- \1\ Filed as part of the original document. --------------------------------------------------------------------------- (d) Include a recommendation on whether a public hearing on the proposed action should be held. Sec. 520.25 External review of draft environmental impact statements. (a) Requirements. The official responsible for the DEIS shall: (1) Transmit 5 copies of the DEIS to the CEQ and 2 copies to TES; (2) Solicit comments from all Federal, State, and local agencies which have jurisdiction by law or special expertise with respect to the possible environmental impact involved, and from the public (see Attachment 2); and (3) Inform the public and interested parties of the availability of the DEIS and provide copies as appropriate; and (4) Allow a comment period of not less than 45 days from the Friday of the week following receipt of the draft impact statement by CEQ. Requests for extensions shall be granted whenever possible, and particularly when warranted by the magnitude and complexity of the statement or the extent of citizen interest. (b) Procedures--(1) Federal and Federal-State agency review. (i) The DEIS shall be circulated for review to the Federal and Federal-State agencies with special expertise or jurisdiction by law with regard to the potential environmental impact involved. These agencies and their relevant areas of expertise are identified in Attachment 2. (ii) For actions within the jurisdiction of the Environmental Protection Agency (air or water quality, solid wastes, pesticides, radiation standards, noise), the DEIS shall be sent to EPA. (iii) For actions which would affect any property that is included in the National Register of Historic Preservation, the DEIS should be sent to the Advisory Council on Historic Preservation and the State Liaison Office for Historic Preservation. (2) State and local review. Where a review of the proposed action by State and local agencies authorized to develop and enforce environmental stand-ards is relevant, comments are to be solicited directly from such agencies with known responsibilities in environmental matters, and shall be obtained as follows: (i) Where review of direct Federal development projects, and of projects assisted under programs listed in Attachment D to revised OMB Circular A-95 (as implemented by DOT 4600.4B ``Evaluation, Review and Coordination of DOT Assistance Programs and Projects'', dated February 27, 1974), takes place prior to preparation of an environmental statement, comments of the reviewing agencies on the environmental effects of the proposed project are inputs to the environmental statement. These comments shall be attached to the draft statement when it is circulated for review and copies of the draft shall be sent to those who commented. A-05 clearinghouses or other agencies designated by the Governor may also secure comments on environmental statements. In all cases, copies of the draft environmental [[Page 76]] statements shall be sent to clearinghouses and to the applicant whose project is the subject of the statement. (ii) Comments shall be directly obtained from appropriate State and local agencies, except where review is secured by agreement through A-95 clearinghouses, unless the Governor of the appropriate State has designated some other point for obtaining his review. Instructions for obtaining the views of such agencies are contained in the joint OMB-CEQ memorandum (see Attachment 4). Comments shall be solicited from municipalities and counties on all projects located therein. (iii) State and local review of NHTSA procedures, regulations, and policies for administering Federal programs of assistance to State and local governments shall be obtained pursuant to procedures established by OMB Circular No. A-85. (iv) Generally, environmental statements on legislative and budget proposals may be excluded from State and local review. (3) General public review. (i) At the time the DEIS is circulated to Federal, State, and local agencies, public availability of the DEIS for comment and review will be announced by the CEQ in the Federal Register. Copies of the DEIS should be sent to known interested parties, and press releases should be sent to local news media advising where the DEIS is available and how copies may be obtained. The Office of Public Affairs and Consumer Services shall maintain a list of groups, including conservation organizations and motor vehicle manufacturers, known to be interested in the agency's activities, and directly notify such groups of the availability of the DEIS or send them a copy as soon as it has been prepared. (ii) A DEIS should be available to the public at least 30 days prior to the time of a public hearing on the DEIS. (iii) Copies of the DEIS will be made available at the NHTSA Docket Section, Room 5109, 400 Seventh Street, SW., Washington, DC 20590, and, where appropriate, NHTSA Regional Offices, at the offices of any applicants or grantees, at appropriate State, regional, and metropolitan clearing houses, and local public libraries, and furnished to public and private organizations and individuals with special expertise with respect to the potential environmental impact involved, and to those with an interest in the action who request an opportunity to comment. Copies to be made available to the public shall be provided without charge to the extent practicable, or at a fee which is not more than the actual cost of reproducing copies required to be sent to other Federal agencies, including the CEQ. (iv) A copy of the DEIS should in all cases be sent to any applicant whose project is the subject of the statement. (v) If a DEIS is changed to a negative declaration as a result of the public review process, all agencies and individuals that received copies and/or commented on the DEIS must be informed that a negative declaration was substituted for the DEIS and given a brief explanation of the reason for such substitution. (c) Utilization of comments. Comments received on the draft statement, and inputs (in summary form, if appropriate) from the processes for citizen participation, shall accompany the environmental statement through the normal internal project or program review process. Sec. 520.26 Public hearings. (a) A public hearing on a proposed or ongoing action covered by a DEIS shall be held upon the determination by the official responsible for such action, in consultation with the Associate Administrator for Planning and Evaluation, that a public hearing would be appropriate and in the public interest. In deciding whether a public hearing is appropriate, the responsible official should consider: (1) The magnitude of the proposal in terms of economic costs, the geographic area involved, and the uniqueness or size of the commitment of the resources involved; (2) The degree of interest in the proposal, as evidenced by requests from the public and from Federal, State, and local authorities that a hearing be held; (3) The likelihood that information will be presented at the hearing which will be of assistance to the agency in [[Page 77]] fulfilling its responsibilities under the NEPA; (4) The extent to which public involvement already has been achieved through other means, such as earlier public hearings, meetings with citizen representatives, and/or written comments on the proposed action; and (5) The extent of potential environmental impact. (b) If it is determined that a public hearing is to be held in accordance with paragraph (a) of this section, the official responsible for the action shall both announce the hearing through newspaper articles, direct notification to interested parties, and clearinghouses, and cause a notice to be issued in the Federal Register at least 30 days prior to the time of such hearing: (1) Identifying the subject matter of the hearing; (2) Announcing the date, time, and place of the hearing and the procedures to be followed; and (3) Announcing the availability of the DEIS and any other information, as appropriate, for public inspection at one or more locations in the area affected by the action. Sec. 520.27 Legislative actions. (a) A DEIS on both legislative proposals and reports for which NHTSA either develops the Departmental position or originates the legislation will be cleared with TES, filed with CEQ, and submitted to the Office of Management and Budget through the normal DOT and NHTSA legislative process. (b) The preparation, circulation, and filing of the environmental statement shall be in accordance with OMB Bulletin 72-6, ``Proposed Federal Actions Affecting the Environment.'' (c) A DEIS and any comments that have been received should be available to the Congress and to the public for consideration in connection with the proposed legislation or report on proposed legislation. In cases where the scheduling of Congressional hearings on recommendations or reports on proposals for legislation which the Department has forwarded to the Congress does not allow adequate time for the completion of a FEIS, a DEIS may be furnished to the Congress and made available to the public pending transmittal of the comments as received and the final text. Sec. 520.28 Preparation of final environmental impact statements. (a) If the action is to go forward and the DEIS has not been changed to a negative declaration, as soon as practicable after the expiration of the comment period and hearing process, if any, the official responsible for the action shall prepare a final environmental impact statement (FEIS), taking into account all comments received and issues raised during such period and process. (b) The FEIS shall conform to the guidelines for form and content in Attachment 1. (c) The FEIS shall then be submitted to the Chief Counsel by the official responsible for the action, for determination of legal sufficiency. Sec. 520.29 Internal review of final environmental impact statements. (a) Upon completion of the review for legal sufficiency of the FEIS, the Chief Counsel shall transmit 2 copies of the FEIS to TES for concurrence. Unless other notification is provided within 2 weeks after receipt in TES, the statement will be considered concurred in by TES. (b) After concurrence by TES, the FEIS will be transmitted by the Chief Counsel to the Administrator for approval. (c) If an action requires the personal approval of the Secretary or Deputy Secretary pursuant to a request by them or by TES, TGC, or the NHTSA office originating the action, the final environmental statement shall be accompanied by a brief cover memorandum requesting the Secretary's or Deputy Secretary's approval of the action. (1) The memorandum shall have signature lines for the concurrence of the Assistant Secretary for Environment, Safety, and Consumer Affairs, the General Counsel, and the Deputy Secretary, and for the approval of the Secretary or Deputy Secretary. (2) TES, in conjunction with the Executive Secretary, is responsible for informing the Assistant Secretary for Congressional and Intergovernmental [[Page 78]] Affairs and the Office of Public Affairs of the Secretary's decisions so that they, in coordination with the operating administrations or other Secretarial Offices involved, may take the appropriate actions. Sec. 520.30 Availability of final environmental impact statements. (a) Pending final approval and filing with CEQ, a proposed FEIS may be made available to the public and Federal, State, or local agencies if it carries a notation that it is not approved and filed. (b) After approval by the Administrator, the Associate Administrator for Planning and Evaluation will send 5 copies of the FEIS (together with comments) to the CEQ; individual copies with comments attached to the EPA and all Federal, State, and local agencies and members of the public who submitted comments on the DEIS or requested copies of the FEIS. If the length of the statement or the number of comments make this distribution requirement highly impractical, TES should be consulted to consider an alternative arrangement. (c) Copies of the FEIS will be made available in the NHTSA Docket Section, Room 5109, 400 Seventh Street SW., Washington, DC 20590, and, where appropriate, NHTSA Regional Offices, at the offices of any applicants or grantees, and at appropriate State, regional, and metropolitan clearinghouses and, where the impact is localized, public libraries. (d) The official responsible for the action shall, upon request, make available copies of the FEIS and substantive comments received on the DEIS without charge to the extent practicable, or at a fee which is not more than the actual cost of reproducing copies. (Authority: Secs. 102(a)(A), 102(2)(C), Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 2(b), 4(f), Pub. L. 89-670, 80 Stat. 931 (49 U.S.C. 1651(b), 1653(f); E. O. 11514, 35 FR 4247; 40 CFR Part 1500; DOT Order 5610.1B, 39 FR 35234; delegations of authority at 49 CFR 1.45, 1.50 and 501.7) [40 FR 52396, Nov. 10, 1975, as amended at 48 FR 44081, Sept. 27, 1983] Sec. 520.31 Amendments or supplements. A draft or final environmental impact statement may be amended or supplemented. Supplements or amendments should be considered when substantial changes are made in the proposed or ongoing action that will introduce a new or changed environmental effect of significance to the quality of the environment, or significant new information becomes available concerning its environmental aspects. In such cases, the supplement or amendment shall be processed in consultation with TES with respect to the need for, or desirability of, recirculating the statement for the appropriate period. TES concurrence must be secured before issuance. Sec. 520.32 Emergency action procedures. The CEQ Guidelines allow modification of requirements in case of a national emergency, a disaster or similar great urgency. The processing times may be reduced, or if the emergency situation warrants, preparation and processing of a DEIS, FEIS, or negative declaration may be abbreviated. Such procedural changes, however, should be requested only for those projects where the need for immediate action requires processing in other than the normal manner. Sec. 520.33 Timing of proposed NHTSA actions. To the maximum extent practicable, no administrative action (i.e., any proposed action to be taken by the agency other than agency proposals for legislation to Congress, budget proposals, or agency reports on legislation) subject to this part and covered by an environmental impact statement shall be taken sooner than 90 days after a DEIS has been circulated for comment, furnished to the CEQ, and made public. Neither shall such administrative action be taken sooner than 30 days after the FEIS (together with comments) has been filed with CEQ, and made available to commenting agencies and the public. If the FEIS is filed within 90 days after a DEIS has been circulated for comment, furnished to the CEQ and made public, the 30-day period and 90-day period may run concurrently to the extent that they overlap. The 90- [[Page 79]] day time period is measured from the date of publication in the Federal Register of the list of weekly filings of environmental impact statements with the CEQ, but the 30-day period is computed from the date of receipt by the CEQ. Sec. 520.34 Comments on environmental statements prepared by other agencies. (a) All requests for NHTSA's views on a DEIS or a proposed action undergoing environmental review by another agency will be transmitted to the Associate Administrator for Planning and Evaluation for action or referral to TES where appropriate. Offices within NHTSA may be requested by the Associate Administrator for Planning and Evaluation to supply any pertinent information and comments for a coordinated agency response. (b) NHTSA's comments and the comments of any offices responding to a request by the Associate Administrator for Planning and Evaluation should be organized in a manner consistent with the structure of an environmental review set out in Sec. 520.21(e). NHTSA programs that are environmentally related to the proposed action under review should be identified so interrelationships may receive due consideration. (c) Copies of NHTSA's comments on environmental statements prepared by other agencies shall be distributed as follows: (1) The original and 1 copy to the requesting agency; (2) 1 copy to TES-70; and (3) 5 copies to CEQ. (d) Requests by the public for copies should be referred to the agency originating the statement. Sec. Attachment 1 to Part 520--Form and Content of Statement 1. Form. a. Each statement will be headed as follows: department of transportation national highway traffic safety administration (Draft) Environmental Impact Statement Pursuant to section 102(2)(C), Pub. L. 91-190; 83 Stat. 853; 42 U.S.C. 4332(2)(C). b. The heading specified above shall be modified to indicate that the statement also covers sections 4(f) of the DOT Act or 106 of the National Historic Preservation Act, when appropriate. c. Each statement will, as a minimum, contain sections corresponding to paragraph 3 herein, supplemented as necessary to cover other matters provided in this Attachment. d. The format for the summary to accompany draft and final environmental statements is as follows: summary (Check one) ( ) Draft ( ) Final; Department of Transportation, National Highway Traffic Safety Administration. Name, address, and telephone number of individual who can be contacted for additional information about the proposed action or the statement. (Note: DOT Order 2100.2 prescribes procedures for reporting public contacts in rulemaking.) (1) Name of Action. (Check one) ( ) Administrative Action. ( ) Legislative Action. (2) Brief description of action indicating what States (and counties) are particularly affected. (3) Summary of environmental impact and adverse environmental effects. (4) List alternatives considered. (5)(a) (For draft statements) List all Federal, State, and local agencies from which comments have been requested. (b) (For final statements) List all Federal, State, and local agencies and other sources from which written comments have been received. (6) Dates the draft statement and the final statement if issued were made available to the Council on Environmental Quality and the public. 2. Guidance as to content of statement. The following paragraphs of this Attachment are intended to be considered, where relevant, as guidance regarding the content of environmental statements. This guidance is expected to be supplemented by research reports, guidance on methodology, and other material from the literature as may be pertinent to evaluation of relevant environmental factors. 3. General content. The following points are to be covered: a. A description of the proposed Federal action (e.g., ``The proposed Federal action is approval of a grant application to construct * * *''), a statement of its purpose, and a description of the environment affected, including information, summary technical data, and maps and diagrams where relevant, adequate to permit an assessment of potential environmental impact by commenting offices and the public. (1) Highly technical and specialized analyses and data should generally be avoided in the body of the draft impact statement. Such materials should be appropriately summarized in the body of the environmental statement and attached as appendices or [[Page 80]] footnoted with adequate bibliographic references. (2) The statement should succinctly describe the environment of the area affected as it exists prior to a proposed action, including other related Federal activities in the area, their interrelationships, and cumulative environmental impact. The amount of detail provided in such descriptions should be commensurate with the extent and expected impact of the action, and with the amount of information required at the particular level of decision making (planning, feasibility, design, etc.). In order to insure accurate descriptions and environmental considerations, site visits should be made where appropriate. (3) The statement should identify, as appropriate, population and growth characteristics of the affected area and any population and growth assumptions used to justify the project or program or to determine secondary population and growth impacts resulting from the proposed action and its alternatives (see paragraph 3c(2)). In discussing these population aspects, the statement should give consideration to using the rates of growth in the region of the project contained in the projection compiled for the Water Resources Council by the Bureau of Economic Analysis of the Department of Commerce and the Economic Research Service of the Department of Agriculture (the OBERS projection). (4) The sources of data used to identify, quantify, or evaluate any or all environmental consequences must be expressly noted. b. The relationship of the proposed action and how it may conform to or conflict with adopted or proposed land use plans, policies, controls, and goals and objectives as have been promulgated by affected communities. Where a conflict or inconsistency exists, the statement should describe the extent of reconciliation and the reasons for proceeding notwithstanding the absence of full reconciliation. c. The probable impact of the proposed action on the environment. (1) This requires assessment of the positive and negative effects of the proposed action is it affects both national and international human environment. The attention given to different environmental factors will vary according to the nature, scale, and location of proposed actions. Among factors to be considered should be the potential effect of the action on such aspects of the environment as those listed in Attachment 2, and in section 520.5(b), supra. Primary attention should be given in the statement to discussing those factors most evidently impacted by the proposed action. (2) Secondary and other foreseeable effects, as well as primary consequences for the environment, should be included in the analyses. Secondary effects, such as the impact on fuel consumption, emissions, or noise levels of automobiles or in the use of toxic or scarce materials, may be more substantial than the primary effects of the original action. d. Alternatives to the proposed action, including, where relevant, those not within the existing authority of the responsible preparing office. Section 102(2)(D) of NEPA requires the responsible agency to ``study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources.'' A rigorous exploration and an objective evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality or avoid some or all of the adverse environmental effects, are essential. Sufficient analysis of such alternatives and their environmental benefits, costs, and risks should accompany the proposed action through the review process in order not to foreclose prematurely options which might enhance environmental quality or have less detrimental effects. Examples of such alternatives include: The alternatives of not taking any action or of postponing action pending further study; alternatives requiring actions of a significantly different nature which would provide similar benefits with different environmental impacts, e.g., low capital intensive improvements, mass transit alternatives to highway construction; alternatives related to different locations or designs or details of the proposed action which would present different environmental impacts. In each case, the analysis should be sufficiently detailed to reveal comparative evaluation of the environmental benefits, costs, and risks of the proposed action and each reasonable alternative. Where an existing impact statement already contains such an analysis its treatment of alternatives may be incorporated, provided such treatment is current and relevant to the precise purpose of the proposed action. e. Any probable adverse environmental effacts which cannot be avoided (such as water or air pollution, noise, undesirable land use patterns, or impacts on public parks and recreation areas, wildlife and waterfowl refuges, or on historic sites, damage to life systems, traffic congestion, threats to health, or other consequences adverse to the environmental goals set out in section 101(b) of NEPA). This should be a brief section summarizing in one place those effects discussed in paragraph 3c that are adverse and unavoidable under the proposed action. Included for purposes of contrast should be a clear statement of how all adverse effects will be mitigated. Where mitigating steps are included in the statement, the responsible official shall see that they are carried out. [[Page 81]] f. The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity. This section should contain a brief discussion of the extent to which the proposed action involves tradeoffs between short- term environmental gains at the expense of long-term losses, or vice versa, and a discussion of the extent to which the proposed action forecloses future options. g. Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented. This requires identification of unavoidable impacts and the extent to which the action irreversibly curtails the range of potential uses of the environment. ``Resources'' means not only the labor and materials devoted to an action but also the natural and cultural resources lost or destroyed. h. An indication of what other interests and considerations of Federal policy are thought to offset the adverse environmental effects of the proposed action identified pursuant to subparagraphs (c) and (e) of this paragraph. The statement should also indicate the extent to which these stated countervailing benefits could be realized by following reasonable alternatives to the proposed action (as identified in subparagraph (d) of this paragraph) that would avoid some or all of the adverse environmental effects. In this connection if a cost-benefit analysis of the proposed action has been prepared, it, or a summary, should be attached to the environmental impact statement, and should clearly indicate the extent to which environmental costs have not been reflected in such analysis. i. A discussion of problems and objections raised by other Federal agencies, State and local entities, and citizens in the review process, and the disposition of the issues involved and the reasons therefor. (This section shall be added to the final environmental statement at the end of the review process.) (1) The draft and final statements should document issues raised through consultations with Federal, State, and local agencies with jurisdiction or special expertise and with citizens, of actions taken in response to comments, public hearings, and other citizens involvement proceedings. (2) Any unresolved environmental issues and efforts to resolve them, through further consultations or otherwise, should be identified in the final statement. For instance, where an agency comments that the statement has inadequate analysis or that the agency has reservations concerning the impacts, or believes that the impacts are too adverse for approval, either the issue should be resolved or the final statement should reflect efforts to resolve the issue and set forth any action that will result. (3) The statement should reflect that every effort was made to discover and discuss all major points of view on the environmental effects of the proposed action and alternatives in the draft statement. However, where opposing professional views and responsible opinion have been overlooked in the draft statement and are raised through the commenting process, the environmental effects of the action should be reviewed in light of those views. A meaningful reference should be made in the final statement to the existence of any responsible opposing view not adequately discussed in the draft statement indicating responses to the issues raised. (4) All substantive comments received on the draft (or summaries of responses from the public which have been exceptionally voluminous) should be attached to the final statement, whether or not each such comment is thought to merit individual discussion in the text of the statement. j. Draft statement should indicate at appropriate points in the text any underlying studies, reports, and other information obtained and considered in preparing the statement, including any cost-benefit analyses prepared. In the case of documents not likely to be easily accessible (such as internal studies or reports), the statement should indicate how such information may be obtained. If such information is attached to the statement, care should be taken to insure that the statement remains an essentially self-contained instrument, capable of being understood by the reader without the need for undue cross reference. 4. Publicly owned parklands, recreational areas, wildlife and waterfowl refuges and historic sites. The following points are to be covered: a. Description of ``any publicly owned land from a public park, recreational area or wildlife and waterfowl refuge'' or ``any land from an historic site'' affected or taken by the project. This includes its size, available activities, use, patronage, unique or irreplaceable qualities, relationship to other similarly used lands in the vicinity of the project, maps, plans, slides, photographs, and drawings showing a sufficient scale and detail the project. This also includes its impact on park, recreation, wildlife, or historic areas, and changes in vehicular or pedestrian access. b. Statement of the ``national, State or local significance'' of the entire park, recreational area, refuge, or historic site ``as determined by the Federal, State or local officials having jurisdiction thereof.'' (1) In the absence of such a statement lands will be presumed to be significant. Any statement of ``insignificance'' by the official having jurisdiction is subject to review by the Department as to whether such statement is capricious. [[Page 82]] (2) Where Federal lands are administered for multiple uses, the Federal official having jurisdiction over the lands shall determine whether the subject lands are in fact being used for park, recreation, wildlife, waterfowl, or historic purposes. c. Similar data, as appropriate, for alternative designs and locations, including detailed cost estimates (with figures showing percentage differences in total project costs) and technical feasibility, and appropriate analysis of the alternatives, including any unique problems present and evidence that the cost or community disruptions resulting from alternative routes reach extraordinary magnitudes. This portion of the statement should demonstrate compliance with the Supreme Court's statement in the Overton Park case, as follows: [The] very existence of the statute indicates that protection of parkland was to be given paramount importance. The few green havens that are public parks were not to be lost unless there were truly unusual factors present in a particular case or the cost or community disruption resulting from alternative routes reached extraordinary magnitudes. If the statutes are to have any meaning, the Secretary cannot approve the destruction of parkland unless he finds that alternative routes present unique problems. 401 U.S. 402, 412 (1971). d. If there is no feasible and prudent alternative, description of all planning undertaken to minimize harm to the protected area and statement of actions taken or to be taken to implement this planning, including measures to maintain or enhance the natural beauty of the lands traversed. (1) Measures to minimize harm may include replacement of land and facilities, providing land or facilities, provision for functional replacement of the facility (see 49 CFR 25.267). (2) Design measures to minimize harm; e.g., tunneling, cut and cover, cut and fill, treatment of embankments, planting, screening, maintenance of pedestrian or bicycle paths and noise mitigation measures all reflecting utilization of appropriate interdisciplinary design personnel. e. Evidence of concurrence or description of efforts to obtain concurrence of Federal, State or local officials having jurisdiction over the section 4(f) property regarding the action proposed and the measures planned to minimize harm. f. If Federally-owned properties are involved in highway projects, the final statement shall include the action taken or an indication of the expected action after filing a map of the proposed use of the land or other appropriate documentation with the Secretary of the Department supervising the land (23 U.S.C. 317). g. If land acquired with Federal grant money (Department of Housing and Urban Development open space or Bureau of Outdoor Recreation land and water conservation funds) is involved, the final statement shall include appropriate communications with the grantor agency. h. TGC will determine application of section 4(f) to public interests in lands, such as easements, reversions, etc. i. A specific finding by the Administrator that there is no feasible and prudent alternative and that the proposal includes all possible planning to minimize harm to the ``4(f) area'' involved. 5. Properties and sites of historic and cultural significance. The statement should document actions taken to preserve and enhance districts, sites, buildings, structures, and objects of historical, architectural, archeological, or cultural significance affected by the action. a. Draft environmental statements should include identification, through consulting the National Register and applying the National Register Criteria (36 CFR part 800), of properties that are included in or eligible for inclusion in the National Register of Historic Places that may be affected by the project. The National Register is published in its entirety each February in the Federal Register. Monthly additions and listings of eligible properties are published in the Federal Register the first Tuesday of each month. The Secretary of the Interior will advise, upon request, whether properties are eligible for the National Register. b. If application of the Advisory Council on Historic Preservation's (ACHP) Criteria of Effect (36 CFR part 800) indicates that the project will have an effect upon a property included in or eligible for inclusion in the National Register of Historic Places, the draft environmental statement should document the effect. Evaluation of the effect should be made in consultation with the State Historic Preservation Officer (SHPO) and in accordance with the ACHP's criteria of Adverse Effect (36 CFR part 800). c. Determinations of no adverse effect should be documented in the draft statement with evidence of the application of the ACHP's Criteria of Adverse Effect, the views of the appropriate State Historic Preservation Officer, and submission of the determination to the ACHP for review. d. If the project will have an adverse effect upon a property included in or eligible for inclusion in the National Register of Historic Places, the final environmental statement should include either an executed Memorandum of Agreement or comments from the Council after consideration of the project at a meeting of the ACHP and an account of actions to be taken in response to the comments of the ACHP. Procedures for obtaining a Memorandum of Agreement and the comments of the Council are found in 36 CFR part 800. [[Page 83]] e. To determine whether the project will have an effect on properties of State or local historical, architectural, archaeological, or cultural significance not included in or eligible for inclusion in the National Register, the responsible official should consult with the State Historic Preservation Officer, with the local official having jurisdiction of the property, and where appropriate, with historical societies, museums, or academic institutions having expertise with regard to the property. Use of land from historic properties of Federal, State and local significance as determined by the official having jurisdiction thereof involves section 4(f) of the DOT Act and documentation should include information necessary to consider a 4(f) determination (see paragraph 4). 6. Impacts of the proposed action on the human environment involving community disruption and relocation. a. The statement should include a description of probable impact sufficient to enable an understanding of the extent of the environmental and social impact of the project alternatives and to consider whether relocation problems can be properly handled. This would include the following information obtainable by visual inspection of the proposed affected area and from secondary sources and community sources when available. (1) An estimate of the households to be displaced including the family characteristics (e.g., minorities, and income levels, tenure, the elderly, large families). (2) Impact on the human environment of an action which divides or disrupts an established community, including where pertinent, the effect of displacement on types of families and individuals affected, effect of streets cut off, separation of residences from community facilities, separation of residential areas. (3) Impact on the neighborhood and housing to which relocation is likely to take place (e.g., lack of sufficient housing for large families, doublings up). (4) An estimate of the businesses to be displaced, and the general effect of business dislocation on the economy of the community. (5) A discussion of relocation housing in the area and the ability to provide adequate relocation housing for the types of families to be displaced. If the resources are insufficient to meet the estimated displacement needs, a description of the actions proposed to remedy this situation including, if necessary, use of housing of last resort. (6) Results of consultation with local officials and community groups regarding the impacts to the community affected. Relocation agencies and staff and other social agencies can help to describe probable social impacts of this proposed action. (7) Where necessary, special relocation advisory services to be provided the elderly, handicapped and illiterate regarding interpretations of benefits, assistance in selecting replacement housing and consultation with respect to acquiring, leasing, and occupying replacement housing. b. This data should provide the preliminary basis for assurance of the availability of relocation housing as required by DOT 5620.1, Replacement Housing Policy, dated June 24, 1970, and 49 CFR 25.53. 7. Considerations relating to pedestrians and bicyclists. Where appropriate, the statement should discuss impacts on and consideration to be given in the development of the project to pedestrian and bicycle access, movement and safety within the affected area, particularly in medium and high density commercial and residential areas. 8. Other social impacts. The general social groups specially benefitted or harmed by the proposed action should be identified in the statement including the following: a. Particular effects of a proposal on the elderly, handicapped, non-drivers, transit dependent, or minorities should be described to the extent reasonably predictable. b. How the proposal will facilitate or inhibit their access to jobs, educational facilities, religious institutions, health and welfare services, recreational facilities, social and cultural facilities, pedestrian movement facilities, and public transit services. 9. Standards as to noise, air, and water pollution. The statement shall reflect sufficient analysis of the effects of the proposed action on attainment and maintenance of any environmental standards established by law or administrative determination (e.g., noise, ambient air quality, water quality) including the following documentation: a. With respect to water quality, there should be consultation with the agency responsible for the State water pollution control program as to conformity with standards and regulations regarding storm sewer discharge sedimentation control, and other non-point source discharges. b. The comments or determinations of the offices charged with administration of the State's implementation plan for air quality as to the consistency of the project with State plans for the implementation of ambient air quality standards. c. Conformity to adopted noise standards, compatible, if appropriate, with different land uses. 10. Energy supply and natural resources development. Where applicable, the statement should reflect consideration of whether the project or program will have any effect on either the production or consumption of energy and other natural resources, and discuss such effects if they are significant. 11. Flood hazard evaluation. When an alternative under consideration encroaches on a flood plain, the statement should include evidence that studies have been made and evidence of consultations with agencies with [[Page 84]] expertise have been carried out. Necessary measures to handle flood hazard problems should be described. In compliance with Executive Order 11296, and Flood Hazard Guidelines for Federal Executive Agencies, promulgated by the Water Resources Council, or how such requirements can be met during project development. 12. Considerations relating to wetlands or coastal zones. Where wetlands or coastal zones are involved, the statement should include: a. Information on location, types, and extent of wetlands areas which might be affected by the proposed action. b. An assessment of the impacts resulting from both construction and operation of the project on the wetlands and associated wildlife, and measures to minimize adverse impacts. c. A statement by the local representative of the Department of the Interior, and any other responsible officials with special expertise, setting forth his views on the impacts of the project on the wetlands, the worth of the particular wetlands areas involved to the community and to the Nation, and recommendations as to whether the proposed action should proceed, and, if applicable, along what alternative route. d. Where applicable, a discussion of how the proposed project relates to the State coastal zone management program for the particular State in which the project is to take place. 13. Construction impacts. In general, adverse impacts during construction will be of less importance than long-term impacts of a proposal. Nonetheless, statements should appropriately address such matters as the following identifying any special problem areas: a. Noise impacts from construction and any specifications setting maximum noise levels. b. Disposal of spoil and effect on borrow areas and disposal sites (include specifications where special problems are involved). c. Measures to minimize effects on traffic and pedestrians. 14. Land use and urban growth. The statement should include, to the extent relevant and predictable: a. The effect of the project on land use, development patterns, and urban growth. b. Where significant land use and development impacts are anticipated, identify public facilities needed to serve the new development and any problems or issues which would arise in connection with these facilities, and the comments of agencies that would provide these facilities. Sec. Attachment 2 to Part 520--Areas of Environmental Impact and Federal Agencies and Federal-State Agencies With Jurisdiction by Law or Special Expertise To Comment Thereon Editorial Note: Filed as part of the original document. For text see 39 FR 32546, Sept. 30, 1975. Sec. Attachment 3 to Part 520--Offices Within Federal Agencies and Federal-State Agencies for Information Regarding the Agencies' Impact Statements for Which Comments Are Requested Editorial Note: Filed as part of the original document. For text see 39 FR 35248, Sept. 30, 1975. Sec. Attachment 4 to Part 520--State and Local Agency Review of Impact Statements 1. OBM Revised Circular No. A-95 through its system of clearinghouses provides a means for securing the views of State and local environmental agencies, which can assist in the preparation of impact statements. Under A-95, review of the proposed project in the case of federally assisted projects (Part I of A-95) generally takes place prior to the preparation of the impact statement. Therefore, comments on the environmental effects of the proposed project that are secured during this stage of the A-95 process represent inputs to the environmental impact statement. 2. In the case of direct Federal development (Part II of A-95), Federal agencies are required to consult with clearinghouses at the earliest practicable time in the planning of the project or activity. Where such consultation occurs prior to completion of the draft impact statement, comments relating to the environmental effects of the proposed action would also represent inputs to the environmental impact statement. 3. In either case, whatever comments are made on environmental effects of proposed Federal or federally assisted projects by clearinghouses, or by State and local environmental agencies through clearinghouses, in the course of the A-95 review should be attached to the draft impact statement when it is circulated for review. Copies of the statement should be sent to the agencies making such comments. Whether those agencies then elect to comment again on the basis of the draft impact statement is a matter to be left to the discretion of the commenting agency depending on its resources, the significance of the project and the extent [[Page 85]] to which its earlier comments were considered in preparing the draft statement. 4. The clearinghouses may also be used, by mutual agreement, for securing reviews of the draft environmental impact statement. However, the Federal agency may wish to deal directly with appropriate State or local agencies in the review of impact statements because the clearinghouses may be unwilling or unable to handle this phase of the process. In some cases, the Governor may have designated a specific agency, other than the clearinghouse, for securing reviews of impact statements. In any case, the clearinghouses should be sent copies of the impact statement. 5. To aid clearinghouses in coordinating State and local comments, draft statements should include copies of State and local agency comments made earlier under the A-95 process and should indicate on the summary sheet those other agencies from which comments have been requested, as specified in Attachment 1. PART 523_VEHICLE CLASSIFICATION--Table of Contents Sec. 523.1 Scope. 523.2 Definitions. 523.3 Automobile. 523.4 Passenger automobile. 523.5 Non-passenger automobile. 523.6 Heavy-duty vehicle. 523.7 Heavy-duty pickup trucks and vans. 523.8 Heavy-duty vocational vehicle. 523.9 Truck tractors. 523.10 Heavy-duty trailers. Authority: 49 U.S.C. 32901; delegation of authority at 49 CFR 1.95. Sec. 523.1 Scope. This part establishes categories of vehicles that are subject to title V of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. 2001 et seq. (Sec. 301, Pub. L. 94-163, 80 Stat. 901 (15 U.S.C. 2001)) [42 FR 38362, July 28, 1977] Sec. 523.2 Definitions. As used in this part: Ambulance has the meaning given in 40 CFR 86.1803. Approach angle means the smallest angle, in a plane side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the automobile forward of the front tire. Axle clearance means the vertical distance from the level surface on which an automobile is standing to the lowest point on the axle differential of the automobile. Base tire (for passenger automobiles, light trucks, and medium duty passenger vehicles) means the tire size specified as standard equipment by the manufacturer on each unique combination of a vehicle's footprint and model type. Standard equipment is defined in 40 CFR 86.1803. Basic vehicle frontal area is used as defined in 40 CFR 86.1803 for passenger automobiles, light trucks, medium duty passenger vehicles and Class 2b through 3 pickup trucks and vans. For heavy-duty tracts and vocational vehicles, it has the meaning given in 40 CFR 1037.801. Breakover angle means the supplement of the largest angle, in the plan side view of an automobile that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the automobile. Bus has the meaning given in 49 CFR 571.3. Cab-complete vehicle means a vehicle that is first sold as an incomplete vehicle that substantially includes the vehicle cab section as defined in 40 CFR 1037.801. For example, vehicles known commercially as chassis-cabs, cab-chassis, box-deletes, bed-deletes, and cut-away vans are considered cab-complete vehicles. A cab includes a steering column and a passenger compartment. Note that a vehicle lacking some components of the cab is a cab-complete vehicle if it substantially includes the cab. Cargo-carrying volume means the luggage capacity or cargo volume index, as appropriate, and as those terms are defined in 40 CFR 600.315- 08, in the case of automobiles to which either of these terms apply. With respect to automobiles to which neither of these terms apply, ``cargo-carrying volume'' means the total volume in cubic feet, rounded to the nearest 0.1 cubic feet, of [[Page 86]] either an automobile's enclosed nonseating space that is intended primarily for carrying cargo and is not accessible from the passenger compartment, or the space intended primarily for carrying cargo bounded in the front by a vertical plane that is perpendicular to the longitudinal centerline of the automobile and passes through the rearmost point on the rearmost seat and elsewhere by the automobile's interior surfaces. Class 2b vehicles are vehicles with a gross vehicle weight rating (GVWR) ranging from 8,501 to 10,000 pounds. Class 3 through Class 8 vehicles are vehicles with a gross vehicle weight rating (GVWR) of 10,001 pounds or more as defined in 49 CFR 565.15. Coach bus has the meaning given in 40 CFR 1037.801. Commercial medium- and heavy-duty on-highway vehicle means an on- highway vehicle with a gross vehicle weight rating of 10,000 pounds or more as defined in 49 U.S.C. 32901(a)(7). Complete vehicle has the meaning given to completed vehicle as defined in 49 CFR 567.3. Concrete mixer has the meaning given in 40 CFR 1037.801. Curb weight has the meaning given in 40 CFR 86.1803-01. Dedicated vehicle has the same meaning as dedicated automobile as defined in 49 U.S.C. 32901(a)(8). Departure angle means the smallest angle, in a plane side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the rear tire static loaded radius arc and touching the underside of the automobile rearward of the rear tire. Dual-fueled vehicle (multi-fuel, or flexible-fuel vehicle) has the same meaning as dual fueled automobile as defined in 49 U.S.C. 32901(a)(9). Electric vehicle means a vehicle that does not include an engine, and is powered solely by an external source of electricity and/or solar power. Note that this does not include electric hybrid or fuel-cell vehicles that use a chemical fuel such as gasoline, diesel fuel, or hydrogen. Electric vehicles may also be referred to as all-electric vehicles to distinguish them from hybrid vehicles. Emergency vehicle means one of the following: (1) For passenger cars, light trucks and medium duty passenger vehicles, emergency vehicle has the meaning given in 49 U.S.C. 32902(e). (2) For heavy-duty vehicles, emergency vehicle has the meaning given in 40 CFR 1037.801. Engine code has the meaning given in 40 CFR 86.1803. Final stage manufacturer has the meaning given in 49 CFR 567.3. Fire truck has the meaning given in 40 CFR 86.1803. Footprint is defined as the product of track width (measured in inches, calculated as the average of front and rear track widths, and rounded to the nearest tenth of an inch) times wheelbase (measured in inches and rounded to the nearest tenth of an inch), divided by 144 and then rounded to the nearest tenth of a square foot. For purposes of this definition, track width is the lateral distance between the centerlines of the base tires at ground, including the camber angle. For purposes of this definition, wheelbase is the longitudinal distance between front and rear wheel centerlines. Full-size pickup truck means a light truck or medium duty passenger vehicle that meets the specifications in 40 CFR 86.1803-01. Gross axle weight rating (GAWR) has the meaning given in 49 CFR 571.3. Gross combination weight rating (GCWR) has the meaning given in 49 CFR 571.3. Gross vehicle weight rating (GVWR) has the meaning given in 49 CFR 571.3. Heavy-duty engine means any engine used for (or for which the engine manufacturer could reasonably expect to be used for) motive power in a heavy-duty vehicle. For purposes of this definition in this part, the term ``engine'' includes internal combustion engines and other devices that convert chemical fuel into motive power. For example, a fuel cell and motor used in a heavy-duty vehicle is a heavy-duty engine. Heavy duty-engines include those engines subject to the standards in 49 CFR part 535. Heavy-duty vehicle means a vehicle as defined in Sec. 523.6. [[Page 87]] Hitch means a device attached to the chassis of a vehicle for towing. Incomplete vehicle has the meaning given in 49 CFR 567.3. Light truck means a non-passenger automobile meeting the criteria in Sec. 523.5. Manufacturer has the meaning given in 49 U.S.C. 32901(a)(14). Medium duty passenger vehicle means a vehicle which would satisfy the criteria in Sec. 523.5 (relating to light trucks) but for its gross vehicle weight rating or its curb weight, which is rated at more than 8,500 lbs GVWR or has a vehicle curb weight of more than 6,000 pounds or has a basic vehicle frontal area in excess of 45 square feet, and which is designed primarily to transport passengers, but does not include a vehicle that-- (1) Is an ``incomplete vehicle'' ' as defined in this subpart; or (2) Has a seating capacity of more than 12 persons; or (3) Is designed for more than 9 persons in seating rearward of the driver's seat; or (4) Is equipped with an open cargo area (for example, a pick-up truck box or bed) of 72.0 inches in interior length or more. A covered box not readily accessible from the passenger compartment will be considered an open cargo area for purposes of this definition. Mild hybrid gasoline-electric vehicle means a vehicle as defined by EPA in 40 CFR 86.1866-12(e). Motor home has the meaning given in 49 CFR 571.3. Motor vehicle has the meaning given in 49 U.S.C. 30102. Passenger-carrying volume means the sum of the front seat volume and, if any, rear seat volume, as defined in 40 CFR 600.315-08, in the case of automobiles to which that term applies. With respect to automobiles to which that term does not apply, ``passenger-carrying volume'' means the sum in cubic feet, rounded to the nearest 0.1 cubic feet, of the volume of a vehicle's front seat and seats to the rear of the front seat, as applicable, calculated as follows with the head room, shoulder room, and leg room dimensions determined in accordance with the procedures outlined in Society of Automotive Engineers Recommended Practice J1100, Motor Vehicle Dimensions (Report of Human Factors Engineering Committee, Society of Automotive Engineers, approved November 2009). (1) For front seat volume, divide 1,728 into the product of the following SAE dimensions, measured in inches to the nearest 0.1 inches, and round the quotient to the nearest 0.001 cubic feet. (i) H61-Effective head room--front. (ii) W3-Shoulder room--front. (iii) L34-Maximum effective leg room-accelerator. (2) For the volume of seats to the rear of the front seat, divide 1,728 into the product of the following SAE dimensions, measured in inches to the nearest 0.1 inches, and rounded the quotient to the nearest 0.001 cubic feet. (i) H63-Effective head room--second. (ii) W4-Shoulder room--second. (iii) L51-Minimum effective leg room--second. Pickup truck means a non-passenger automobile which has a passenger compartment and an open cargo area (bed). Pintle hooks means a type of towing hitch that uses a tow ring configuration to secure to a hook or a ball combination for the purpose of towing. Recreational vehicle or RV means a motor vehicle equipped with living space and amenities found in a motor home. Refuse hauler has the meaning given in 40 CFR 1037.801. Running clearance means the distance from the surface on which an automobile is standing to the lowest point on the automobile, excluding unsprung weight. School bus has the meaning given in 49 CFR 571.3. Static loaded radius arc means a portion of a circle whose center is the center of a standard tire-rim combination of an automobile and whose radius is the distance from that center to the level surface on which the automobile is standing, measured with the automobile at curb weight, the wheel parallel to the vehicle's longitudinal centerline, and the tire inflated to the manufacturer's recommended pressure. Strong hybrid gasoline-electric vehicle means a vehicle as defined by EPA in 40 CFR 86.1866-12(e). Temporary living quarters means a space in the interior of an automobile [[Page 88]] in which people may temporarily live and which includes sleeping surfaces, such as beds, and household conveniences, such as a sink, stove, refrigerator, or toilet. Transmission class has the meaning given in 40 CFR 600.002. Tranmission configuration has the meaning given in 40 CFR 600.002. Transmission type has the meaning given in 40 CFR 86.1803. Truck tractor has the meaning given in 49 CFR 571.3 and 49 CFR 535.5(c). This includes most heavy-duty vehicles specifically designed for the primary purpose of pulling trailers, but does not include vehicles designed to carry other loads. For purposes of this definition ``other loads'' would not include loads carried in the cab, sleeper compartment, or toolboxes. Examples of vehicles that are similar to tractors but that are not tractors under this part include dromedary tractors, automobile haulers, straight trucks with trailers hitches, and tow trucks. Van means a vehicle with a body that fully encloses the driver and a cargo carrying or work performing compartment. The distance from the leading edge of the windshield to the foremost body section of vans is typically shorter than that of pickup trucks and sport utility vehicles. Vocational tractor means a tractor that is classified as a vocational vehicle according to 40 CFR 1037.630 Vocational vehicle (or heavy-duty vocational vehicle) has the meaning given in Sec. 523.8 and 49 CFR 535.5(b). This includes any vehicle that is equipped for a particular industry, trade or occupation such as construction, heavy hauling, mining, logging, oil fields, refuse and includes vehicles such as school buses, motorcoaches and RVs. Work truck means a vehicle that is rated at more than 8,500 pounds and less than or equal to 10,000 pounds gross vehicle weight, and is not a medium-duty passenger vehicle as defined in 49 U.S.C. 32901(a)(19). [81 FR 74235, Oct. 25, 2016, as amended at 85 FR 25272, Apr. 30, 2020] Sec. 523.3 Automobile. (a) An automobile is any 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways and rated at less than 10,000 pounds gross vehicle weight, except: (1) A vehicle operated only on a rail line; (2) A vehicle manufactured in different stages by 2 or more manufacturers, if no intermediate or final-stage manufacturer of that vehicle manufactures more than 10,000 multi-stage vehicles per year; or (3) A work truck. (b) The following vehicles rated at more than 6,000 pounds and less than 10,000 pounds gross vehicle weight are determined to be automobiles: (1) Vehicles which would satisfy the criteria in Sec. 523.4 (relating to passenger automobiles) but for their gross vehicle weight rating. (2) Vehicles which would satisfy the criteria in Sec. 523.5 (relating to light trucks) but for their gross vehicle weight rating, and which (i) Have a basic vehicle frontal area of 45 square feet or less, (ii) Have a curb weight of 6,000 pounds or less, (iii) Have a gross vehicle weight rating of 8,500 pounds or less, and (iv) Are manufactured during the 1980 model year or thereafter. (3) Vehicles that are defined as medium duty passenger vehicles, and which are manufactured during the 2011 model year or thereafter. (Sec. 9, Pub. L. 89-670, 80 Stat. 981 (49 U.S.C. 1657); sec. 301, Pub. L. 94-163, 89 Stat. 901 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976) [42 FR 38362, July 28, 1977, as amended at 43 FR 12013, Mar. 23, 1978; 44 FR 4493, Jan. 2, 1979; 71 FR 17676, Apr. 6, 2006; 74 FR 14449, Mar. 30, 2009] Sec. 523.4 Passenger automobile. A passenger automobile is any automobile (other than an automobile capable of off-highway operation) manufactured primarily for use in the transportation of not more than 10 individuals. (Sec. 301, Pub. L. 94-163, 80 Stat. 901 (15 U.S.C. 2001)) [42 FR 38362, July 28, 1977] [[Page 89]] Sec. 523.5 Non-passenger automobile. A non-passenger automobile means an automobile that is not a passenger automobile or a work truck and includes vehicles described in paragraphs (a) and (b) of this section: (a) An automobile designed to perform at least one of the following functions: (1) Transport more than 10 persons; (2) Provide temporary living quarters; (3) Transport property on an open bed; (4) Provide, as sold to the first retail purchaser, greater cargo- carrying than passenger-carrying volume, such as in a cargo van; if a vehicle is sold with a second-row seat, its cargo-carrying volume is determined with that seat installed, regardless of whether the manufacturer has described that seat as optional; or (5) Permit expanded use of the automobile for cargo-carrying purposes or other nonpassenger-carrying purposes through: (i) For non-passenger automobiles manufactured prior to model year 2012, the removal of seats by means installed for that purpose by the automobile's manufacturer or with simple tools, such as screwdrivers and wrenches, so as to create a flat, floor level, surface extending from the forwardmost point of installation of those seats to the rear of the automobile's interior; or (ii) For non-passenger automobiles manufactured in model year 2008 and beyond, for vehicles equipped with at least 3 rows of designated seating positions as standard equipment, permit expanded use of the automobile for cargo-carrying purposes or other nonpassenger-carrying purposes through the removal or stowing of foldable or pivoting seats so as to create a flat, leveled cargo surface extending from the forwardmost point of installation of those seats to the rear of the automobile's interior. (b) An automobile capable of off-highway operation, as indicated by the fact that it: (1)(i) Has 4-wheel drive; or (ii) Is rated at more than 6,000 pounds gross vehicle weight; and (2) Has at least four of the following characteristics calculated when the automobile is at curb weight, on a level surface, with the front wheels parallel to the automobile's longitudinal centerline, and the tires inflated to the manufacturer's recommended pressure-- (i) Approach angle of not less than 28 degrees. (ii) Breakover angle of not less than 14 degrees. (iii) Departure angle of not less than 20 degrees. (iv) Running clearance of not less than 20 centimeters. (v) Front and rear axle clearances of not less than 18 centimeters each. (Sec. 9, Pub. L. 89-670, 80 Stat. 981 (49 U.S.C. 1657); sec. 301, Pub. L. 94-163, 89 Stat. 901 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976.) [74 FR 14449, Mar. 30, 2009] Sec. 523.6 Heavy-duty vehicle. (a) A heavy-duty vehicle is any commercial medium or heavy-duty on- highway vehicle or a work truck, as defined in 49 U.S.C. 32901(a)(7) and (19). For the purpose of this section, heavy-duty vehicles are divided into four regulatory categories as follows: (1) Heavy-duty pickup trucks and vans; (2) Heavy-duty vocational vehicles; (3) Truck tractors with a GVWR above 26,000 pounds; and (4) Heavy-duty trailers. (b) The heavy-duty vehicle classification does not include vehicles excluded as specified in 49 CFR 535.3. [81 FR 74237, Oct. 25, 2016] Sec. 523.7 Heavy-duty pickup trucks and vans. (a) Heavy-duty pickup trucks and vans are pickup trucks and vans with a gross vehicle weight rating between 8,501 pounds and 14,000 pounds (Class 2b through 3 vehicles) manufactured as complete vehicles by a single or final stage manufacturer or manufactured as incomplete vehicles as designated by a manufacturer. See references in 40 CFR 86.1801-12, 40 CFR 86.1819-17, 40 CFR 1037.150, and 49 CFR 535.5(a). (b) Heavy duty vehicles above 14,000 pounds GVWR may be optionally certified as heavy-duty pickup trucks and [[Page 90]] vans and comply with fuel consumption standards in 49 CFR 535.5(a), if properly included in a test group with similar vehicles at or below 14,000 pounds GVWR. Fuel consumption standards apply to these vehicles as if they were Class 3 heavy-duty vehicles. The work factor for these vehicles may not be greater than the largest work factor that applies for vehicles in the test group that are at or below 14,000 pounds GVWR (see 40 CFR 86.1819-14). (c) Incomplete heavy-duty vehicles at or below 14,000 pounds GVWR may be optionally certified as heavy-duty pickup trucks and vans and comply with to the fuel consumption standards in 49 CFR 535.5(a). [81 FR 74237, Oct. 25, 2016] Sec. 523.8 Heavy-duty vocational vehicle. Heavy-duty vocational vehicles are vehicles with a gross vehicle weight rating (GVWR) above 8,500 pounds excluding: (a) Heavy-duty pickup trucks and vans defined in Sec. 523.7; (b) Medium duty passenger vehicles; and (c) Truck tractors, except vocational tractors, with a GVWR above 26,000 pounds; [76 FR 57491, Sept. 15, 2011] Sec. 523.9 Truck tractors. Truck tractors for the purpose of this part are considered as any truck tractor as defined in 49 CFR part 571 having a GVWR above 26,000 pounds. [76 FR 57492, Sept. 15, 2011] Sec. 523.10 Heavy-duty trailers. (a) A trailer means a motor vehicle with or without motive power, designed for carrying cargo and for being drawn by another motor vehicle as defined in 49 CFR 571.3. For the purpose of this part, heavy-duty trailers include only those trailers designed to be drawn by a truck tractor excluding non-box trailers other than flatbed trailer, tanker trailers and container chassis and those that are coupled to vehicles exclusively by pintle hooks or hitches instead of a fifth wheel. Heavy- duty trailers may be divided into different types and categories as follows: (1) Box vans are trailers with enclosed cargo space that is permanently attached to the chassis, with fixed sides, nose, and roof. Tank trailers are not box vans. (2) Box van with front-mounted HVAC systems are refrigerated vans. Note that this includes systems that provide cooling, heating, or both. All other box vans are dry vans. (3) Trailers that are not box vans are non-box trailers. Note that the standards for non-box trailers in 49 CFR 535.5(e)(2) apply only to flatbed trailers, tank trailers, and container chassis. (4) Box van with a length greater than 50 feet are long box vans. Other box vans are short box vans. (5) The following types of equipment are not trailers: (i) Containers that are not permanently mounted on chassis. (ii) Dollies used to connect tandem trailers. (iii) Equipment that serves similar purposes but are not intended to be pulled by a tractor. (b) Heavy-duty trailers do not include trailers excluded in 49 CFR 535.3. [81 FR 74237, Oct. 25, 2016] PART 525_EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS--Table of Contents Sec. 525.1 Scope. 525.2 Purpose. 525.3 Applicability. 525.4 Definitions. 525.5 Limitation on eligibility. 525.6 Requirements for petition. 525.7 Basis for petition. 525.8 Processing of petitions. 525.9 Duration of exemption. 525.10 Renewal of exemption. 525.11 Termination of exemption; amendment of alternative average fuel economy standard. 525.12 Public inspection of information. Authority: 15 U.S.C. 2002; 49 CFR 1.50. Source: 42 FR 38376, July 28, 1977, unless otherwise noted. Sec. 525.1 Scope. This part establishes procedures under section 502(c) of the Motor Vehicle Information and Cost Savings Act, [[Page 91]] as amended (15 U.S.C. 2002) for the submission and disposition of petitions filed by low volume manufacturers of passenger automobiles to exempt them from the average fuel economy standards for passenger automobiles and to establish alternative average fuel economy standards for those manufacturers. Sec. 525.2 Purpose. The purpose of this part is to provide content and format requirements for low volume manufacturers of passenger automobiles which desire to petition the Administrator for exemption from applicable average fuel economy standards and for establishment of appropriate alternative average fuel economy standards and to give interested persons an opportunity to present data, views and arguments on those petitions. Sec. 525.3 Applicability. This part applies to passenger automobile manufacturers. Sec. 525.4 Definitions. (a) Statutory terms. (1) The terms fuel, manufacture, manufacturer, and model year, are used as defined in section 501 of the Act. (2) The terms average fuel economy, fuel economy, and model type are used as defined in 40 CFR 600.002-77. (3) The term automobile means a vehicle determined by the Administrator under 49 CFR part 523 to be an automobile. (4) The term passenger automobile means an automobile determined by the Administrator under 49 CFR part 523 to be a passenger automobile. (5) The term customs territory of the United States is used as defined in 19 U.S.C. 1202. (b) Other terms. (1) The term base level and vehicle configuration are used as defined in 40 CFR 600.002-77. (2) The term vehicle curb weight is used as defined in 40 CFR 85.002. (3) The term interior volume index is used as defined in 40 CFR 600.315-77. (4) The term frontal area is used as defined in 40 CFR 86.129-79. (5) The term basic engine is used as defined in 40 CFR 600.002- 77(a)(21). (6) The term designated seating position is defined in 49 CFR 571.3. (7) As used in this part, unless otherwise required by the context: Act means the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513), as amended by the Energy Policy and Conservation Act (Pub. L. 94-163); Administrator means the Administrator of the National Highway Traffic Safety Administration; Affected model year means a model year for which an exemption and alternative average fuel economy standard are requested under this part; Production mix means the number of passenger automobiles, and their percentage of the petitioner's annual total production of passenger automobiles, in each vehicle configuration which a petitioner plans to manufacture in a model year; and Total drive ratio means the ratio of an automobile's engine rotational speed (in revolutions per minute) to the automobile's forward speed (in miles per hour). (Sec. 301, Pub. L. 94-163, 89 Stat. 871 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976; sec. 9, Pub. L. 89-670, 80 Stat. 981 (49 U.S.C. 1657)) [42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979] Sec. 525.5 Limitation on eligibility. Any manufacturer that manufactures (whether or not in the customs territory of the United States) 10,000 or more passenger automobiles in the second model year preceding an affected model year or in the affected model year is ineligible for an exemption for that affected model year. Sec. 525.6 Requirements for petition. Each petition filed under this part must-- (a) Identify the model year or years for which exemption is requested; (b) Be submitted not later than 24 months before the beginning of the affected model year, unless good cause for later submission is shown; (c) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, Washington, DC 20590; [[Page 92]] (d) Be written in the English language; (e) State the full name, address, and title of the official responsible for preparing the petition, and the name and address of the manufacturer; (f) Set forth in full data, views and arguments of the petitioner supporting the exemption and alternative average fuel economy standard requested by the petitioner, including the information and data specified by Sec. 525.7 and the calculations and analyses used to develop that information and data. No documents may be incorporated by reference in a petition unless the documents are submitted with the petition; (g) Specify and segregate any part of the information and data submitted under this part that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of this chapter. (Sec. 301, Pub. L. 94-163, 89 Stat. 871 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976; sec. 9, Pub. L. 89-670, 80 Stat. 981 (49 U.S.C. 1657)) [42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979; 46 FR 2063, Jan. 8, 1981] Sec. 525.7 Basis for petition. (a) The petitioner shall include the information specified in paragraphs (b) through (h) in its petition. (b) Whether the petitioner controls, is controlled by, or is under common control with another manufacturer of passenger automobiles, and if so, the nature of that control relationship, and the total number of passenger automobiles manufactured by such other manufacturer or manufacturers. (c) The total number of passenger automobiles manufactured or likely to be manufactured (whether or not in the customs territory of the United States) by the petitioner in the second model year immediately preceding each affected model year. (d) For each affected model year, the petitioner's projections of the most fuel efficient production mix of vehicle configurations and base levels of its passenger automobiles which the petitioner could sell in that model year, and a discussion demonstrating that these projections are reasonable. The discussion shall include information showing that the projections are consistent with-- (1) The petitioner's annual total production and production mix of passenger automobiles manufactured or likely to be manufactured in each of the four model years immediately preceding that affected model year; (2) Its passenger automobile production capacity for that affected model year; (3) Its efforts to comply with that average fuel economy standard; and (4) Anticipated consumer demand in the United States for passenger automobiles during that affected model year. (e) For each affected model year, a description of the following features of each vehicle configuration of the petitioner's passenger automobiles to be manufactured in that affected model year; (1) Maximum overall body width, overall length, and overall height, determined in accordance with Motor Vehicle Dimensions SAE J1100a (report of Human Engineering Committee, approved September 1973, as revised September 1975); (2) Vehicle curb weight; (3) Number of designated seating positions and interior volume index; (4) Basic engine, displacement, and SAE rated net power, kilowatts; (5) Fuel metering system, including the number of carburetor barrels, if applicable; (6) Drive train configuration and total drive ratio; (7) Emission control system; (8) Dynamometer road load setting, determined in accordance with 40 CFR part 86, and the method used to determine that setting, including information indicating whether the road load setting was adjusted to account for the presence of air conditioning and whether the setting was based on the use of radial ply tires; and (9) Use of synthetic lubricants, low viscosity lubricants, or lubricants with additives that affect friction characteristics in the crankcase, differential, and transmission of the vehicles tested under the requirements of 40 CFR parts 86 and 600. With respect to automobiles which will use these lubricants, indicate which one will be used and explain [[Page 93]] why that type was chosen. With respect to automobiles which will not use these lubricants, explain the reasons for not so doing. (f) For each affected model year, a fuel economy value for each vehicle configuration specified in 40 CFR 600.506(a)(2), base level, and model type of the petitioner's passenger automobiles to be manufactured in that affected model year calculated in accordance with subpart C of 40 CFR part 600 and based on tests or analyses comparable to those prescribed or permitted under 40 CFR part 600 and a description of the test procedures or analytical methods. (g) For each affected model year, an average fuel economy figure for the petitioner's passenger automobiles to be manufactured in that affected model year calculated in accordance with 40 CFR 600.510(e) and based upon the fuel economy values provided under paragraph (f) of this section and upon the petitioner's production mix projected under paragraph (d) of this section for the affected model year. (h) Information demonstrating that the average fuel economy figure provided for each affected model year under paragraph (g) of this section is the maximum feasible average fuel economy achievable by the petitioner for that model year, including-- (1) For each affected model year and each of the two model years immediately following the first affected model year, a description of the technological means selected by the petitioner for improving the average fuel economy of its automobiles to be manufactured in that model year. (2) A chronological description of the petitioner's past and planned efforts to implement the means described under paragraph (h)(1) of this section. (3) A description of the effect of other Federal motor vehicle standards on the fuel economy of the petitioner's automobiles. (4) For each affected model year, a discussion of the alternative and additional means considered but not selected by the petitioner that would have enabled its passenger automobiles to achieve a higher average fuel economy than is achievable with the means described under paragraph (h)(1) of this section. This discussion must include an explanation of the reasons the petitioner had for rejecting these additional and alternative means. (5) In the case of a petitioner which plans to increase the average fuel economy of its passenger automobiles to be manufactured in either of the two model years immediately following the first affected model year, an explanation of the petitioner's reasons for not making those increases in that affected model year. (Sec. 301, Pub. L. 94-163, 89 Stat. 871 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976; sec. 9, Pub. L. 89-670, 80 Stat. 981 (49 U.S.C. 1657)) [42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979; 58 FR 18029, Apr. 7, 1993] Sec. 525.8 Processing of petitions. (a) If a petition is found not to contain the information required by this part, the petition is informed about the areas of insufficiency and advised that the petition will not receive further consideration until the required information is submitted. (b) The Administrator may request the petitioner to provide information in addition to that required by this part. (c) The Administrator publishes a proposed decision in the Federal Register. The proposed decision indicates the proposed grant of the petition and establishment of an alternative average fuel economy standard, or the proposed denial of the petition, specifies the reasons for the proposal and invites written public comment on the proposal. (d) Any interested person may, upon written request to the Administrator not later than 15 days after the publication of a notice under paragraph (c) of this section, meet informally with an appropriate official of the National Highway Traffic Safety Administration to discuss the petition or notice. (e) After the conclusion of the period for public comment on the proposal, the Administrator publishes a final decision in the Federal Register. The final decision is based on the petition, written public comments, and other [[Page 94]] available information. The final decision sets forth the grant of the exemption and establishes an alternative average fuel economy standard or the denial of the petition, and the reasons for the decision. (Sec. 301, Pub. L. 94-163, 89 Stat. 871 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976); sec. 9, Pub. L. 89-670, 80 Stat. 981 (49 U.S.C. 1657)) [42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979] Sec. 525.9 Duration of exemption. An exemption may be granted under this part for not more than three model years. Sec. 525.10 Renewal of exemption. A manufacturer exempted under this part may request renewal of its exemption by submitting a petition meeting the requirements of Sec. Sec. 525.6 and 525.7. Sec. 525.11 Termination of exemption; amendment of alternative average fuel economy standard. (a) Any exemption granted under this part for an affected model year does not apply to a manufacturer that is ineligible under Sec. 525.5 for an exemption in that model year. (b) The administrator may initiate rulemaking either on his own motion or on petition by an interested person to terminate an exemption granted under this part or to amend an alternative average fuel economy standard established under this part. (c) Any interested persons may petition the Administrator to terminate an exemption granted under this part or to amend an alternative average fuel economy standard established under this part. Sec. 525.12 Public inspection of information. (a) Except as provided in paragraph (b), any person may inspect available information relevant to a petition under this part, including the petition and any supporting data, memoranda of informal meetings with the petitioner or any other interested persons, and the notices regarding the petition, in the Docket Section of the National Highway Traffic Safety Administration. Any person may obtain copies of the information available for inspection under this paragraph in accordance with part 7 of the regulations of the Office of the Secretary of Transportation (49 CFR part 7). (b) Except for the release of confidential information authorized by section 505 of the Act and part 512 of this chapter, information made available for public inspection does not include information for which confidentiality is requested under Sec. 525.6(g) and is granted in accordance with part 512 and sections 502 and 505 of the Act and section 552(b) of title 5 of the U.S.C. [46 FR 2063, Jan. 8, 1981] PART 526_PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980--Table of Contents Sec. 526.1 General provisions. 526.2 U.S. production by foreign manufacturer. 526.3 Transfer of vehicle from non-domestic to domestic fleet. 526.4 [Reserved] 526.5 Earning offsetting monetary credits in future model years. Authority: 15 U.S.C. 2002 and 2003; delegation of authority at 49 CFR 1.50. Source: 47 FR 7248, Feb. 18, 1982, unless otherwise noted. Sec. 526.1 General provisions. (a) Applicability. These regulations apply to petitions and plans submitted under the Automobile Fuel Efficiency Act of 1980, Pub. L. 96- 425, as codified in Title V of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. 2001 et seq. (b) Address. Each petition and plan submitted under the applicable provisions of sections 502 and 503 of the Motor Vehicle Information and Cost Savings Act must be addressed to the Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington DC 20590. (c) Authority and scope of relief. Each petition or plan must specify the specific provision of the Motor Vehicle Information and Cost Savings Act under which relief is being sought. The petition or plan must also specify the [[Page 95]] model years for which relief is being sought. [47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994] Sec. 526.2 U.S. production by foreign manufacturer. Each petition filed under section 503(b)(3) of the Motor Vehicle Information and Cost Savings Act must contain the following information: (a) For each model type (as defined by the Environmental Protection Agency in 40 CFR part 600) planned by the petitioner to be sold in the United States (regardless of place of manufacture), and for each model year beginning with the year before the first one for which relief is sought by the petition through the last year covered by the petition, the following information based on the petitioner's current product plan and the assumption that the petition will be granted: (1) A description of the model type, including car line designation, engine displacement and type, transmission type, and average fuel economy; (2) U.S. sales projected for the model type; (3) The average percentage of the cost to the manufacturer of the model type which is attributable to value added in the United States or Canada, determined in accordance with 40 CFR 600.511-80, and the total manufacturing cost per vehicle; and (4) In the case of model types not offered for sale in the United States before the first year for which relief is sought in the petition or other model types for which expansions in production capacity are planned during the years covered by the petition, information (including any marketing surveys) indicating from where the additional sales will be captured. If sales are projected to be captured from U.S. manufacturers, the petition must provide an estimate of the employment impact on those manufacturers of the lost sales and the gain in employment for the petitioner and its U.S. suppliers. (b) The total number of persons employed in the United States by the petitioner, excluding non-motor vehicle industry related employees, for each model year covered by the petition and for the model year immediately prior to those years. (c) A description of how the petitioner's responses to paragraphs (a) and (b) of this section would differ if the petition were denied. [47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994] Sec. 526.3 Transfer of vehicle from non-domestic to domestic fleet. Each plan submitted under section 503(b)(4) of the Motor Vehicle Information and Cost Savings Act must contain the following information: (a) For each model year for which relief is sought in the plan and for each model type of automobile sought to be included by the submitter in its domestic fleet under the plan (i.e., those with at least 50 percent but less than 75 percent U.S. or Canadian value added), provide the following information: (1) A description of the model type, including engine type and displacement, transmission class, car line designation, and fuel economy; (2) The projected U.S. sales of the model type; (3) The average total manufacturing cost per vehicle for the model type; (4) The percentage of the cost to the manufacturer attributable to value added in the United States or Canada for the model type: (b) For each year covered by the plan, a list of individual product actions (e.g., change from imported engine to domestically manufactured engine) which will increase the domestic content of the affected vehicles. For each action, provide the model year in which the action will take effect, a description of the nature of the action, and the percentage change in domestic content resulting from the action. [47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994] Sec. 526.4 [Reserved] Sec. 526.5 Earning offsetting monetary credits in future model years. Each plan submitted under section 502(l) of the Motor Vehicle Information and Cost Savings Act must contain the following information: (a) Projected average fuel economy and production levels for the class of [[Page 96]] automobiles which may fail to comply with a fuel economy standard and for any other classes of automobiles from which credits may be transferred, for the current model year and for each model year thereafter ending with the last year covered by the plan. (b) A list and full description of each planned product action (e.g., new model, mix change) which will affect the average fuel economy of the class of automobiles subject to the credit earning plan, for each model year beginning with the current model year and ending with the last year covered by the credit earning plan. (c) The portion of the petitioner's fleet affected by each product action (e.g., all K-cars with 6-cylinder engines) and the number of affected vehicles. (d) The fuel economy effect of each product action specified under paragraph (b) of this section per affected vehicle. [47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994] PART 529_MANUFACTURERS OF MULTISTAGE AUTOMOBILES--Table of Contents Sec. 529.1 Scope and purpose. 529.2 Applicability. 529.3 Definitions. 529.4 Requirements for incomplete automobile manufacturers. 529.5 Requirements for intermediate manufacturers. 529.6 Requirements for final-stage manufacturers. Authority: Sec. 301, Pub. L. 94-163, 80 Stat. 901 (15 U.S.C. 2001); delegation of authority at 41 FR 25015, June 22, 1976. Source: 42 FR 38372, July 28, 1977, unless otherwise noted. Sec. 529.1 Scope and purpose. This part determines, in cases where more than one person is the manufacturer of an automobile, which person is to be treated as the manufacturer for purposes of compliance with Title V of the Motor Vehicle Information and Cost Savings Act, as amended (15 U.S.C. 2001 et seq.) and rules issued thereunder. Sec. 529.2 Applicability. This part applies to incomplete automobile manufacturers, intermediate manufacturers, and final-stage manufacturers of automobiles that are manufactured in two or more stages. Sec. 529.3 Definitions. (a) Statutory terms. (1) The term automobile is used as defined in section 501 of the Act and in accordance with the determinations in 49 CFR part 523. (2) The terms manufacture, manufacturer, and fuel economy are used as defined in section 501 of the Act. (b) Other terms. (1) Act means the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513), as amended by the Energy Policy and Conservation Act (Pub. L. 94-163). (2) Completed automobile means an automobile that requires no further manufacturing operations to perform its intended function, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting. (3) Curb weight is defined the same as vehicle curb weight in 40 CFR part 86. (4) Final-stage manufacturer means a person who performs such manufacturing operations on an incomplete automobile that it becomes a completed automobile. (5) Frontal area is used as defined in 40 CFR 86.079-2. (6) Incomplete automobile means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system to the extent that those systems are to be part of the completed automobile, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed automobile. (7) Incomplete automobile manufacturer means a person who manufactures an incomplete automobile by assembling components none of which, taken separately, constitute a complete automobile. (8) Intermediate manufacturer means a person, other than the incomplete automobile manufacturer or the final- [[Page 97]] stage manufacturer, who performs manufacturing operations on an incomplete automobile. [42 FR 38372, July 28, 1977, as amended at 42 FR 39983, Aug. 8, 1977] Sec. 529.4 Requirements for incomplete automobile manufacturers. (a) Except as provided in paragraph (c) of this section, Sec. Sec. 529.5 and 529.6, each incomplete automobile manufacturer is considered, with respect to multistage automobiles incorporating its incomplete automobiles, the manufacturer of the multistage automobiles for purposes of the requirements of Title V and rules issued thereunder. (b) Each incomplete automobile manufacturer shall furnish with each of its incomplete automobiles, when it is delivered to the subsequent manufacturer, (1) a document that contains the following information-- (i) Name and mailing address of the incomplete automobile manufacturer. (ii) Month and year during which the incomplete automobile manufacturer performed its last manufacturing operation on the incomplete automobile. (iii) Identification of the incomplete automobile or group of incomplete automobiles to which the document applies. The identification may be by serial number or otherwise, but it must be sufficient to enable a subsequent manufacturer to ascertain positively that the document applies to a particular incomplete automobile even if the document is not attached to that automobile. (iv) Fuel economy values determined by the incomplete automobile manufacturer for the automobile in accordance with 40 CFR part 600 and a statement that a fuel economy label containing those values has been prepared in accordance with Environmental Protection Agency regulation by the manufacturer identified in the document. (v) Maximum curb weight that may not be exceeded by a subsequent manufacturer without invalidating the fuel economy values determined by the incomplete automobile manufacturer. (vi) Maximum frontal area that may not be exceeded by a subsequent manufacturer without invalidating the fuel economy values determined by the incomplete automobile manufacturer. (vii) Whether the fuel economy values have been computed with the road load horsepower set to take into account the presence of air conditioning. (2) A fuel economy label conforming with 40 CFR part 600. (c)(1) The incomplete automobile manufacturer shall either attach the document specified in paragraph (b)(1) of this section to the incomplete automobile in such a manner that it will not be inadvertently detached or send that document directly to the subsequent manufacturer to which that automobile is delivered. (2)(i) If the incomplete automobile manufacturer places the portion of the body including the windshield and front seat side windows on the incomplete automobile, that manufacturer shall attach the fuel economy label specified in paragraph (b)(2) of this section to that automobile in accordance with 40 CFR part 600. If the incomplete automobile manufacturer does not place that portion of the body on the incomplete automobile, that manufacturer shall send that label directly to the subsequent manufacturer to which that automobile is delivered. (ii) Upon request by an intermediate or final-stage manufacturer for a copy of a fuel economy label that is required by paragraph (b)(2) of this section to have been prepared by the incomplete automobile manufacturer for one of its incomplete automobiles, identified by the requesting manufacturer in the same fashion as in the document specified in paragraph (b)(1) of this section, the incomplete automobile manufacturer shall send that manufacturer a copy of the label. Sec. 529.5 Requirements for intermediate manufacturers. (a) Except as provided in paragraph (d) of this section and in Sec. 529.6, each intermediate manufacturer whose manufacturing operations on an incomplete automobile cause it to exceed the maximum curb weight or maximum frontal area set forth in the document furnished it by the incomplete automobile manufacturer under Sec. 529.4(c)(1) or by a previous intermediate manufacturer under paragraph (b) of this section, as appropriate, is considered the [[Page 98]] manufacturer of the multistage automobile manufactured from that automobile for the purpose of the requirements of Title V and rules issued thereunder, other than that in part 537, Fuel Economy Reports. (b) Each intermediate manufacturer of an incomplete automobile shall furnish, in the manner specified in Sec. 529.4(c), to the subsequent manufacturer of that automobile the document required by Sec. 529.4(b) regarding that automobile. If any of the changes in the automobile made by the intermediate manufacturer affect the validity of the fuel economy values or other statement in the document or any addendum attached to the document by a previous manufacturer of the automobile, the intermediate manufacturer shall furnish an addendum to the document that contains its name and mailing address and an indication of all changes that should be made in the document to reflect changes that it made in the automobile. (c) Each intermediate manufacturer that is required by paragraph (b) of this section to furnish an addendum to a document required by Sec. 529.4(b) shall, within 10 days after completing its manufacturing operations, send a copy of the document and addendum to the Administrator of the Environmental Protection Agency and to the manufacturer previously considered under this part to be the manufacturer of the automobile. (d)(1) If the intermediate manufacturer's manufacturing operations on an incomplete automobile cause it to exceed the maximum curb weight or maximum frontal area set forth in the document furnished it by the incomplete automobile manufacturer under Sec. 529.4(c)(1) or a previous intermediate manufacturer under paragraph (b) of this section, as appropriate, that manufacturer shall prepare a new fuel economy label for that automobile in accordance with 40 CFR part 600. (2) If neither the intermediate manufacturer of an incomplete automobile nor any previous manufacturer of that automobile has placed the portion of the body including the windshield and front seat side windows on that automobile, the intermediate manufacturer shall send the fuel economy label furnished it by the incomplete automobile manufacturer under Sec. 529.4(c)(2)(i) or a previous intermediate manufacturer under paragraph (d)(2) of this section or prepared by it under paragraph (d)(1) of this section, as appropriate, directly to the subsequent manufacturer to which that automobile is delivered. (3) If the intermediate manufacturer places the portion of the body including the windshield and front seat side windows on the incomplete automobile, that manufacturer shall attach the fuel economy label furnished it under Sec. 529.4(c)(i) or paragraph (d)(2) of this section or the fuel economy label prepared by it under paragraph (d)(1) of this section, as appropriate, to that automobile in accordance with 40 CFR part 600. (4) The intermediate manufacturer shall attach to the incomplete automobile in accordance with 40 CFR part 600 a fuel economy label identical to the label that is required under this part to have been prepared by the manufacturer considered under this part to be the manufacturer of that automobile if: (i) The portion of the body including the windshield and front seat side windows was added to the incomplete automobile by a previous manufacturer; (ii) The intermediate manufacturer's manufacturing operations do not cause that automobile to exceed either of the maxima specified in paragraph (d)(1) of this section; and (iii) That label is not on that automobile when received by the intermediate manufacturer or is removed from that automobile while it is in the possession of that manufacturer. (5) Upon request by a subsequent intermediate manufacturer or by a final-stage manufacturer for a copy of a fuel economy label prepared by the intermediate manufacturer under paragraph (d)(1) of this section for one of its incomplete automobiles, identified by the requesting manufacturer in the same fashion as in the document specified in Sec. 529.4(b)(1), the intermediate manufacturer shall send that manufacturer a copy of that label. [[Page 99]] Sec. 529.6 Requirements for final-stage manufacturers. (a) Except as provided in paragraph (c) of this section, each final- stage manufacturer whose manufacturing operations on an incomplete automobile cause the completed automobile to exceed the maximum curb weight or maximum frontal area set forth in the document specified in Sec. 529.4(b) and furnished it by the incomplete automobile manufacturer under Sec. 529.4(c)(1) or by the last intermediate manufacturer under Sec. 529.5(b), as appropriate, is considered the manufacturer of the completed automobile for the purpose of the requirements of Title V and rules issued thereunder, other than those in part 537, Fuel Economy Reports. (b) Each final-stage manufacturer that becomes the manufacturer of a multistage automobile under paragraph (a) of this section shall, within 10 days after completing its manufacturing operations on that automobile, send written notification of its exceeding the curb weight or frontal area maximum to the Administrator of the Environmental Protection Agency and to the manufacturer previously considered under this part to be the manufacturer of the automobile. (c)(1) If the final-stage manufacturer becomes the manufacturer of a multistage automobile under paragraph (a)(1) of this section, that manufacturer shall prepare a new fuel economy label for that automobile in accordance with 40 CFR part 600. (2) If the final-stage manufacturer places the portion of the body including the windshield and front seat side windows on the incomplete automobile, that manufacturer shall attach the fuel economy label furnished by the incomplete automobile manufacturer under Sec. 529.4(c)(2) or by the last intermediate manufacturer under Sec. 529.5(d)(2) or the fuel economy label prepared by the final-stage manufacturer under paragraph (c)(1) of this section, as appropriate, to that automobile in accordance with 40 CFR part 600. (3) The final-stage manufacturer shall attach to the completed automobile in accordance with 40 CFR part 600 a fuel economy label identical to the label that is required under this part to have been prepared by the manufacturer considered under this part to be the manufacturer of that automobile if: (i) The portion of the body including the windshield and front seat side windows was added to the completed automobile by a previous manufacturer; (ii) The final-stage manufacturer's manufacturing operations do not cause that automobile to exceed either of the maxima specified in paragraph (c)(1) of this section; and (iii) That fuel economy label is not on that automobile when received by that manufacturer or is removed from that automobile while it is in the possession of that manufacturer. PART 531_PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS--Table of Contents Sec. 531.1 Scope. 531.2 Purpose. 531.3 Applicability. 531.4 Definitions. 531.5 Fuel economy standards. 531.6 Measurement and calculation procedures. Appendix A to Part 531--Example of Calculating Compliance Under Sec. 531.5(c) Authority: 49 U.S.C. 32902; delegation of authority at 49 CFR 1.95. Source: 87 FR 26070, May 2, 2022, unless otherwise noted. Sec. 531.1 Scope. This part establishes average fuel economy standards pursuant to section 502(a) and (c) of the Motor Vehicle Information and Cost Savings Act, as amended, for passenger automobiles. Sec. 531.2 Purpose. The purpose of this part is to increase the fuel economy of passenger automobiles by establishing minimum levels of average fuel economy for those vehicles. Sec. 531.3 Applicability. This part applies to manufacturers of passenger automobiles. [[Page 100]] Sec. 531.4 Definitions. (a) Statutory terms. (1) The terms average fuel economy, manufacture, manufacturer, and model year are used as defined in section 501 of the Act. (2) The terms automobile and passenger automobile are used as defined in section 501 of the Act and in accordance with the determination in part 523 of this chapter. (b) Other terms. As used in this part, unless otherwise required by the context-- (1) Act means the Motor Vehicle Information and Cost Savings Act, as amended by Public Law 94-163. (2) [Reserved] Sec. 531.5 Fuel economy standards. (a) Except as provided in paragraph (f) of this section, each manufacturer of passenger automobiles shall comply with the fleet average fuel economy standards in Table 1 to this paragraph (a), expressed in miles per gallon, in the model year specified as applicable: Table 1 to Sec. 531.5(a) ------------------------------------------------------------------------ Average fuel economy standard Model year (miles per gallon) ------------------------------------------------------------------------ 1978................................................. 18.0 1979................................................. 19.0 1980................................................. 20.0 1981................................................. 22.0 1982................................................. 24.0 1983................................................. 26.0 1984................................................. 27.0 1985................................................. 27.5 1986................................................. 26.0 1987................................................. 26.0 1988................................................. 26.0 1989................................................. 26.5 1990-2010............................................ 27.5 ------------------------------------------------------------------------ (b) For model year 2011, a manufacturer's passenger automobile fleet shall comply with the fleet average fuel economy level calculated for that model year according to Figure 1 to this paragraph (b) and the appropriate values in Table 2 to this paragraph (b). [GRAPHIC] [TIFF OMITTED] TR02MY22.256 Where: N is the total number (sum) of passenger automobiles produced by a manufacturer; Ni is the number (sum) of the ith passenger automobile model produced by the manufacturer; and Ti is the fuel economy target of the ith model passenger automobile, which is determined according to the following formula, rounded to the nearest hundredth: [GRAPHIC] [TIFF OMITTED] TR02MY22.257 Where: Parameters a, b, c, and d are defined in Table 2 to this paragraph (b); e = 2.718; and x = footprint (in square feet, rounded to the nearest tenth) of the vehicle model. [[Page 101]] Table 2 to Sec. 531.5(b)--Parameters for the Passenger Automobile Fuel Economy Targets ---------------------------------------------------------------------------------------------------------------- Parameters ------------------------------------------------------------------- Model year c (gal/mi/ a (mpg) b (mpg) ft\2\) d (gal/mi) ---------------------------------------------------------------------------------------------------------------- 2011........................................ 31.20 24.00 51.41 1.91 ---------------------------------------------------------------------------------------------------------------- (c) For model years 2012-2026, a manufacturer's passenger automobile fleet shall comply with the fleet average fuel economy level calculated for that model year (MY) according to Figure 2 to this paragraph (c) and the appropriate values in Table 3 to this paragraph (c). [GRAPHIC] [TIFF OMITTED] TR02MY22.259 Where: CAFErequired is the fleet average fuel economy standard for a given fleet (domestic passenger automobiles or import passenger automobiles); Subscript i is a designation of multiple groups of automobiles, where each group's designation, i.e., i = 1, 2, 3, etc., represents automobiles that share a unique model type and footprint within the applicable fleet, either domestic passenger automobiles or import passenger automobiles; Productioni is the number of passenger automobiles produced for sale in the United States within each ith designation, i.e., which share the same model type and footprint; and TARGETi is the fuel economy target in miles per gallon (mpg) applicable to the footprint of passenger automobiles within each ith designation, i.e., which share the same model type and footprint, calculated according to Figure 3 to this paragraph (c) and rounded to the nearest hundredth of a mpg, i.e., 35.455 = 35.46 mpg, and the summations in the numerator and denominator are both performed over all models in the fleet in question. [GRAPHIC] [TIFF OMITTED] TR02MY22.260 Where: TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint (FOOTPRINT, in square feet); Parameters a, b, c, and d are defined in Table 3 to this paragraph (c); and The MIN and MAX functions take the minimum and maximum, respectively, of the included values. [[Page 102]] Table 3 to Sec. 531.5(c)--Parameters for the Passenger Automobile Fuel Economy Targets [MYs 2012-2026] ---------------------------------------------------------------------------------------------------------------- Parameters Model year --------------------------------------------------------------------------- a (mpg) b (mpg) c (gal/mi/ft\2\) d (gal/mi) ---------------------------------------------------------------------------------------------------------------- 2012................................ 35.95 27.95 0.0005308 0.006057 2013................................ 36.80 28.46 0.0005308 0.005410 2014................................ 37.75 29.03 0.0005308 0.004725 2015................................ 39.24 29.90 0.0005308 0.003719 2016................................ 41.09 30.96 0.0005308 0.002573 2017................................ 43.61 32.65 0.0005131 0.001896 2018................................ 45.21 33.84 0.0004954 0.001811 2019................................ 46.87 35.07 0.0004783 0.001729 2020................................ 48.74 36.47 0.0004603 0.001643 2021................................ 49.48 37.02 0.000453 0.00162 2022................................ 50.24 37.59 0.000447 0.00159 2023................................ 51.00 38.16 0.000440 0.00157 2024................................ 55.44 41.48 0.000405 0.00144 2025................................ 60.26 45.08 0.000372 0.00133 2026................................ 66.95 50.09 0.000335 0.00120 ---------------------------------------------------------------------------------------------------------------- (d) In addition to the requirements of paragraphs (b) and (c) of this section, each manufacturer shall also meet the minimum fleet standard for domestically manufactured passenger automobiles expressed in Table 4 to this paragraph (d): Table 4 to Sec. 531.5(d)--Minimum Fuel Economy Standards for Domestically Manufactured Passenger Automobiles [MYs 2011-2026] ------------------------------------------------------------------------ Minimum Model year standard ------------------------------------------------------------------------ 2011......................................................... 27.8 2012......................................................... 30.7 2013......................................................... 31.4 2014......................................................... 32.1 2015......................................................... 33.3 2016......................................................... 34.7 2017......................................................... 36.7 2018......................................................... 38.0 2019......................................................... 39.4 2020......................................................... 40.9 2021......................................................... 39.9 2022......................................................... 40.6 2023......................................................... 41.1 2024......................................................... 44.3 2025......................................................... 48.1 2026......................................................... 53.5 ------------------------------------------------------------------------ (e) The following manufacturers shall comply with the standards indicated in paragraphs (e)(1) through (15) of this section for the specified model years: (1) Avanti Motor Corporation. Table 5 to Sec. 531.5(e)(1)--Average Fuel Economy Standards ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1978......................................................... 16.1 1979......................................................... 14.5 1980......................................................... 15.8 1981......................................................... 18.2 1982......................................................... 18.2 1983......................................................... 16.9 1984......................................................... 16.9 1985......................................................... 16.9 ------------------------------------------------------------------------ (2) Rolls-Royce Motors, Inc. Table 6 to Sec. 531.5(e)(2)--Average Fuel Economy Standards ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1978......................................................... 10.7 1979......................................................... 10.8 1980......................................................... 11.1 1981......................................................... 10.7 1982......................................................... 10.6 1983......................................................... 9.9 1984......................................................... 10.0 1985......................................................... 10.0 1986......................................................... 11.0 1987......................................................... 11.2 1988......................................................... 11.2 1989......................................................... 11.2 1990......................................................... 12.7 1991......................................................... 12.7 1992......................................................... 13.8 1993......................................................... 13.8 1994......................................................... 13.8 1995......................................................... 14.6 1996......................................................... 14.6 1997......................................................... 15.1 1998......................................................... 16.3 1999......................................................... 16.3 ------------------------------------------------------------------------ (3) Checker Motors Corporation. [[Page 103]] Table 7 to Sec. 531.5(e)(3)--Average Fuel Economy Standards ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1978......................................................... 17.6 1979......................................................... 16.5 1980......................................................... 18.5 1981......................................................... 18.3 1982......................................................... 18.4 ------------------------------------------------------------------------ (4) Aston Martin Lagonda, Inc. Table 8 to Sec. 531.5(e)(4)--Average Fuel Economy Standards ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1979......................................................... 11.5 1980......................................................... 12.1 1981......................................................... 12.2 1982......................................................... 12.2 1983......................................................... 11.3 1984......................................................... 11.3 1985......................................................... 11.4 ------------------------------------------------------------------------ (5) Excalibur Automobile Corporation. Table 9 to Sec. 531.5(e)(5)--Average Fuel Economy Standards ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1978......................................................... 11.5 1979......................................................... 11.5 1980......................................................... 16.2 1981......................................................... 17.9 1982......................................................... 17.9 1983......................................................... 16.6 1984......................................................... 16.6 1985......................................................... 16.6 ------------------------------------------------------------------------ (6) Lotus Cars Ltd. Table 10 to Sec. 531.5(e)(6)--Average Fuel Economy Standards ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1994......................................................... 24.2 1995......................................................... 23.3 ------------------------------------------------------------------------ (7) Officine Alfieri Maserati, S.p.A. Table 11 to Sec. 531.5(e)(7)--Average Fuel Economy Standard ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1978......................................................... 12.5 1979......................................................... 12.5 1980......................................................... 9.5 1984......................................................... 17.9 1985......................................................... 16.8 ------------------------------------------------------------------------ (8) Lamborghini of North America. Table 12 to Sec. 531.5(e)(8)--Average Fuel Economy Standard ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1983......................................................... 13.7 1984......................................................... 13.7 ------------------------------------------------------------------------ (9) LondonCoach Co., Inc. Table 13 to Sec. 531.5(e)(9)--Average Fuel Economy Standard ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1985......................................................... 21.0 1986......................................................... 21.0 1987......................................................... 21.0 ------------------------------------------------------------------------ (10) Automobili Lamborghini S.p.A./Vector Aeromotive Corporation. Table 14 Sec. 531.5(e)(10)--Average Fuel Economy Standard ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1995......................................................... 12.8 1996......................................................... 12.6 1997......................................................... 12.5 ------------------------------------------------------------------------ (11) Dutcher Motors, Inc. Table 15 to Sec. 531.5(e)(11)--Average Fuel Economy Standard ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1986......................................................... 16.0 1987......................................................... 16.0 1988......................................................... 16.0 1992......................................................... 17.0 1993......................................................... 17.0 1994......................................................... 17.0 1995......................................................... 17.0 ------------------------------------------------------------------------ (12) MedNet, Inc. Table 16 to Sec. 531.5(e)(12)--Average Fuel Economy Standard ------------------------------------------------------------------------ Average fuel economy Model year standard (miles per gallon) ------------------------------------------------------------------------ 1996......................................................... 17.0 1997......................................................... 17.0 1998......................................................... 17.0 ------------------------------------------------------------------------ (13) Vector Aeromotive Corporation. [[Page 104]] Table 17 to Sec. 531.5(e)(13)--Average Fuel Economy Standard ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 1998......................................................... 12.1 ------------------------------------------------------------------------ (14) Qvale Automotive Group Srl. Table 18 to Sec. 531.5(e)(14)--Average Fuel Economy Standard ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 2000......................................................... 22.0 2001......................................................... 22.0 ------------------------------------------------------------------------ (15) Spyker Automobielen B.V. Table 19 to Sec. 531.5(e)(15)--Average Fuel Economy Standard ------------------------------------------------------------------------ Miles per Model year gallon ------------------------------------------------------------------------ 2006......................................................... 18.9 2007......................................................... 18.9 ------------------------------------------------------------------------ Sec. 531.6 Measurement and calculation procedures. (a) The fleet average fuel economy performance of all passenger automobiles that are manufactured by a manufacturer in a model year shall be determined in accordance with procedures established by the Administrator of the Environmental Protection Agency (EPA) under 49 U.S.C. 32904 and set forth in 40 CFR part 600. (b) For model years 2017 and later, a manufacturer is eligible to increase the fuel economy performance of passenger cars in accordance with procedures established by the EPA set forth in 40 CFR part 600, subpart F, including any adjustments to fuel economy the EPA allows, such as for fuel consumption improvements related to air conditioning efficiency and off-cycle technologies. Manufacturers must provide reporting on these technologies as specified in Sec. 537.7 of this chapter by the required deadlines. (1) Efficient air conditioning technologies. A manufacturer that seeks to increase its fleet average fuel economy performance through the use of technologies that improve the efficiency of air conditioning systems must follow the requirements in 40 CFR 86.1868-12. Fuel consumption improvement values resulting from the use of those air conditioning systems must be determined in accordance with 40 CFR 600.510-12(c)(3)(i). (2) Off-cycle technologies on EPA's predefined list or using 5-cycle testing. A manufacturer that seeks to increase its fleet average fuel economy performance through the use of off-cycle technologies must follow the requirements in 40 CFR 86.1869-12. A manufacturer is eligible to gain fuel consumption improvements for predefined off-cycle technologies in accordance with 40 CFR 86.1869-12(b) or for technologies tested using the EPA's 5-cycle methodology in accordance with 40 CFR 86.1869-12(c). The fuel consumption improvement is determined in accordance with 40 CFR 600.510-12(c)(3)(ii). (3) Off-cycle technologies using the alternative EPA-approved methodology. A manufacturer is eligible to increase its fuel economy performance through use of an off-cycle technology requiring an application request made to the EPA in accordance with 40 CFR 86.1869- 12(d). (i) Eligibility under the corporate average fuel economy (CAFE) program requires compliance with paragraphs (b)(3)(i)(A) through (C) of this section. Paragraphs (b)(3)(i)(A), (B), and (D) of this section apply starting in model year 2024. (A) A manufacturer seeking to increase its fuel economy performance using the alternative methodology for an off-cycle technology, if prior to the applicable model year, the manufacturers submits to EPA a detailed analytical plan and is approved (i.e., for its planned test procedure and model types for demonstration) in accordance with 40 CFR 86.1869-12(d). (B) A manufacturer seeking to increase its CAFE program fuel economy performance using the alternative methodology for an off-cycle technology must also submit an official credit application to EPA and obtain approval in accordance with 40 CFR 86.1869-12(e) prior to September of the given model year. (C) A manufacturer's plans, applications and requests approved by the EPA must be made in consultation with the National Highway Traffic Safety Administration (NHTSA). To expedite NHTSA's consultation with [[Page 105]] the EPA, a manufacturer must concurrently submit its application to NHTSA if the manufacturer is seeking off-cycle fuel economy improvement values under the CAFE program for those technologies. For off-cycle technologies that are covered under 40 CFR 86.1869-12(d), NHTSA will consult with the EPA regarding NHTSA's evaluation of the specific off- cycle technology to ensure its impact on fuel economy and the suitability of using the off-cycle technology to adjust the fuel economy performance. (D) A manufacturer may request an extension from NHTSA for more time to obtain an EPA approval. Manufacturers should submit their requests 30 days before the deadlines in paragraphs (b)(3)(i)(A) through (C) of this section. Requests should be submitted to NHTSA's Director of the Office of Vehicle Safety Compliance at cafe@dot.gov. (ii) Review and approval process. NHTSA will provide to EPA its views on the suitability of using the off-cycle technology to adjust vehicle fuel economy performance. NHTSA's evaluation and review will consider: (A) Whether the technology has a direct impact upon improving fuel economy performance; (B) Whether the technology is related to crash-avoidance technologies, safety critical systems or systems affecting safety- critical functions, or technologies designed for the purpose of reducing the frequency of vehicle crashes; (C) Information from any assessments conducted by the EPA related to the application, the technology and/or related technologies; and (D) Any other relevant factors. (iii) Safety. (A) Technologies found to be defective or non- compliant, subject to recall pursuant to part 573 of this chapter, due to a risk to motor vehicle safety, will have the values of approved off- cycle credits removed from the manufacturer's credit balance or adjusted to the population of vehicles the manufacturer remedies as required by 49 U.S.C. Chapter 301. NHTSA will consult with the manufacturer to determine the amount of the adjustment. (B) Approval granted for innovative and off-cycle technology credits under NHTSA's fuel efficiency program does not affect or relieve the obligation to comply with the Vehicle Safety Act (49 U.S.C. Chapter 301), including the ``make inoperative'' prohibition (49 U.S.C. 30122), and all applicable Federal motor vehicle safety standards (FMVSSs) issued thereunder (part 571 of this chapter). In order to generate off- cycle or innovative technology credits manufacturers must state-- (1) That each vehicle equipped with the technology for which they are seeking credits will comply with all applicable FMVSS(s); and (2) Whether or not the technology has a fail-safe provision. If no fail-safe provision exists, the manufacturer must explain why not and whether a failure of the innovative technology would affect the safety of the vehicle. Sec. Appendix A to Part 531--Example of Calculating Compliance Under Sec. 531.5(c) Assume a hypothetical manufacturer (Manufacturer X) produces a fleet of domestic passenger automobiles in MY 2012 as follows: [[Page 106]] Appendix A--Table I -------------------------------------------------------------------------------------------------------------------------------------------------------- Model type ------------------------------------------------------------------------------------------------ Actual Basic engine Description measured fuel Volume Group Carline name (L) Transmission class economy (mpg) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1......................... PC A FWD............... 1.8 A5........................ 2-door sedan........... 34.0 1,500 2......................... PC A FWD............... 1.8 M6........................ 2-door sedan........... 34.6 2,000 3......................... PC A FWD............... 2.5 A6........................ 4-door wagon........... 33.8 2,000 4......................... PC A AWD............... 1.8 A6........................ 4-door wagon........... 34.4 1,000 5......................... PC A AWD............... 2.5 M6........................ 2-door hatchback....... 32.9 3,000 6......................... PC B RWD............... 2.5 A6........................ 4-door wagon........... 32.2 8,000 7......................... PC B RWD............... 2.5 A7........................ 4-door sedan........... 33.1 2,000 8......................... PC C AWD............... 3.2 A7........................ 4-door sedan........... 30.6 5,000 9......................... PC C FWD............... 3.2 M6........................ 2-door coupe........... 28.5 3,000 ----------------------------------------------------------------------------------------------------------------------------- Total................. ....................... .............. .......................... ....................... .............. 27,500 -------------------------------------------------------------------------------------------------------------------------------------------------------- Note to Table I to this appendix: Manufacturer X's required fleet average fuel economy standard level would first be calculated by determining the fuel economy targets applicable to each unique model type and footprint combination for model type groups 1-9 as illustrated in Table II to this appendix. Manufacturer X calculates a fuel economy target standard for each unique model type and footprint combination. Appendix A--Table II -------------------------------------------------------------------------------------------------------------------------------------------------------- Model type Fuel ------------------------------------------------------------------- Track economy Basic Description Base tire Wheelbase width F&R Footprint Volume target Group Carline name engine Transmission size (inches) average (ft\2\) standard (L) class (inches) (mpg) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1................ PC A FWD......... 1.8 A5............... 2-door sedan.... 205/75R14 99.8 61.2 42.4 1,500 35.01 2................ PC A FWD......... 1.8 M6............... 2-door sedan.... 215/70R15 99.8 60.9 42.2 2,000 35.14 3................ PC A FWD......... 2.5 A6............... 4-door wagon.... 215/70R15 100.0 60.9 42.3 2,000 35.08 4................ PC A AWD......... 1.8 A6............... 4-door wagon.... 235/60R15 100.0 61.2 42.5 1,000 35.95 5................ PC A AWD......... 2.5 M6............... 2-door hatchback 225/65R16 99.6 59.5 41.2 3,000 35.81 6................ PC B RWD......... 2.5 A6............... 4-door wagon.... 265/55R18 109.2 66.8 50.7 8,000 30.33 7................ PC B RWD......... 2.5 A7............... 4-door sedan.... 235/65R17 109.2 67.8 51.4 2,000 29.99 8................ PC C AWD......... 3.2 A7............... 4-door sedan.... 265/55R18 111.3 67.8 52.4 5,000 29.52 9................ PC C FWD......... 3.2 M6............... 2-door coupe.... 225/65R16 111.3 67.2 51.9 3,000 29.76 -------------------------------------------------------------------------------------------------------------------------------------- Total........ ................. ......... ................. ................ ........... ......... ......... ......... 27,500 -------------------------------------------------------------------------------------------------------------------------------------------------------- Note to Table II to this appendix: With the appropriate fuel economy targets determined for each unique model type and footprint combination, Manufacturer X's required fleet average fuel economy standard would be calculated as illustrated in Figure 1 to this appendix. [[Page 107]] [GRAPHIC] [TIFF OMITTED] TR02MY22.261 [GRAPHIC] [TIFF OMITTED] TR02MY22.262 Note to Figure 2 to this appendix: Since the actual fleet average fuel economy performance of Manufacturer X's fleet is 32.0 mpg, as compared to its required fleet fuel economy standard of 31.6 mpg, Manufacturer X complied with the CAFE standard for MY 2012 as set forth in Sec. 531.5(c). PART 533_LIGHT TRUCK FUEL ECONOMY STANDARDS--Table of Contents Sec. 533.1 Scope. 533.2 Purpose. 533.3 Applicability. 533.4 Definitions. 533.5 Requirements. 533.6 Measurement and calculation procedures. Appendix A to Part 533--Example of Calculating Compliance Under Sec. 533.5(i) Authority: 49 U.S.C. 32902; delegation of authority at 49 CFR 1.95. Source: 87 FR 26076, May 2, 2022, unless otherwise noted. Sec. 533.1 Scope. This part establishes average fuel economy standards pursuant to section 502(b) of the Motor Vehicle Information and Cost Savings Act, as amended, for light trucks. Sec. 533.2 Purpose. The purpose of this part is to increase the fuel economy of light trucks [[Page 108]] by establishing minimum levels of average fuel economy for those vehicles. Sec. 533.3 Applicability. This part applies to manufacturers of light trucks. Sec. 533.4 Definitions. (a) Statutory terms. (1) The terms average fuel economy, average fuel economy standard, fuel economy, import, manufacture, manufacturer, and model year are used as defined in section 501 of the Act. (2) The term automobile is used as defined in section 501 of the Act and in accordance with the determinations in part 523 of this chapter. (3) The term domestically manufactured is used as defined in section 503(b)(2)(E) of the Act. (b) Other terms. As used in this part, unless otherwise required by the context-- (1) Act means the Motor Vehicle Information Cost Savings Act, as amended by Public Law 94-163. (2) Light truck is used in accordance with the determinations in part 523 of this chapter. (3) Captive import means with respect to a light truck, one which is not domestically manufactured but which is imported in the 1980 model year or thereafter by a manufacturer whose principal place of business is in the United States. (4) 4-wheel drive general utility vehicle means a 4-wheel drive, general purpose automobile capable of off-highway operation that has a wheelbase of not more than 280 centimeters, and that has a body shape similar to 1977 Jeep CJ-5 or CJ-7, or the 1977 Toyota Land Cruiser. (5) Basic engine means a unique combination of manufacturer, engine displacement, number of cylinders, fuel system (as distinguished by number of carburetor barrels or use of fuel injection), and catalyst usage. (6) Limited product line light truck means a light truck manufactured by a manufacturer whose light truck fleet is powered exclusively by basic engines which are not also used in passenger automobiles. Sec. 533.5 Requirements. (a) Each manufacturer of light trucks shall comply with the following fleet average fuel economy standards, expressed in miles per gallon, in the model year (MY) specified as applicable: Table 1 to Sec. 533.5(a) ---------------------------------------------------------------------------------------------------------------- 2-wheel drive light 4-wheel drive light Limited trucks trucks product Model year -------------------------------------------- line Captive Captive light imports Other imports Other trucks ---------------------------------------------------------------------------------------------------------------- 1979..................................................... 17.2 15.8 ......... 1980..................................................... 16.0 16.0 14.0 14.0 14.0 1981..................................................... 16.7 16.7 15.0 15.0 14.5 ---------------------------------------------------------------------------------------------------------------- Table 2 to Sec. 533.5(a) ---------------------------------------------------------------------------------------------------------------- Combined standard 2-wheel drive light 4-wheel drive light ---------------------- trucks trucks Model year ------------------------------------------- Captive Others Captive Captive imports imports Others imports Others ---------------------------------------------------------------------------------------------------------------- 1982.......................................... 17.5 17.5 18.0 18.0 16.0 16.0 1983.......................................... 19.0 19.0 19.5 19.5 17.5 17.5 1984.......................................... 20.0 20.0 20.3 20.3 18.5 18.5 1985.......................................... 19.5 19.5 19.7 19.7 18.9 18.9 1986.......................................... 20.0 20.0 20.5 20.5 19.5 19.5 1987.......................................... 20.5 20.5 21.0 21.0 19.5 19.5 1988.......................................... 20.5 20.5 21.0 21.0 19.5 19.5 1989.......................................... 20.5 20.5 21.5 21.5 19.0 19.0 1990.......................................... 20.0 20.0 20.5 20.5 19.0 19.0 1991.......................................... 20.2 20.2 20.7 20.7 19.1 19.1 ---------------------------------------------------------------------------------------------------------------- [[Page 109]] Table 3 to Sec. 533.5(a) ------------------------------------------------------------------------ Combined standard --------------------- Model year Captive imports Other ------------------------------------------------------------------------ 1992.............................................. 20.2 20.2 1993.............................................. 20.4 20.4 1994.............................................. 20.5 20.5 1995.............................................. 20.6 20.6 ------------------------------------------------------------------------ Table 4 to Sec. 533.5(a) ------------------------------------------------------------------------ Model year Standard ------------------------------------------------------------------------ 2001.................................................... 20.7 2002.................................................... 20.7 2003.................................................... 20.7 2004.................................................... 20.7 2005.................................................... 21.0 2006.................................................... 21.6 2007.................................................... 22.2 2008.................................................... 22.5 2009.................................................... 23.1 2010.................................................... 23.5 ------------------------------------------------------------------------ [GRAPHIC] [TIFF OMITTED] TR02MY22.263 Where: N is the total number (sum) of light trucks produced by a manufacturer; Ni is the number (sum) of the ith light truck model type produced by a manufacturer; and Ti is the fuel economy target of the ith light truck model type, which is determined according to the following formula, rounded to the nearest hundredth: [GRAPHIC] [TIFF OMITTED] TR02MY22.264 Where: Parameters a, b, c, and d are defined in Table 5 to this paragraph (a); e = 2.718; and x = footprint (in square feet, rounded to the nearest tenth) of the model type. Table 5 to Sec. 533.5(a)--Parameters for the Light Truck Fuel Economy Targets for MYs [2008-2011] ---------------------------------------------------------------------------------------------------------------- Parameters Model year ----------------------------------------------------------------------- a (mpg) b (mpg) c (gal/mi/ft\2\) d (gal/mi) ---------------------------------------------------------------------------------------------------------------- 2008.................................... 28.56 19.99 49.30 5.58 2009.................................... 30.07 20.87 48.00 5.81 2010.................................... 29.96 21.20 48.49 5.50 2011.................................... 27.10 21.10 56.41 4.28 ---------------------------------------------------------------------------------------------------------------- [[Page 110]] [GRAPHIC] [TIFF OMITTED] TR02MY22.265 Where: CAFErequired is the fleet average fuel economy standard for a given light truck fleet; Subscript i is a designation of multiple groups of light trucks, where each group's designation, i.e., i = 1, 2, 3, etc., represents light trucks that share a unique model type and footprint within the applicable fleet; Productioni is the number of light trucks produced for sale in the United States within each ith designation, i.e., which share the same model type and footprint; and TARGETi is the fuel economy target in miles per gallon (mpg) applicable to the footprint of light trucks within each ith designation, i.e., which share the same model type and footprint, calculated according to either Figure 3 or 4 to this paragraph (a), as appropriate, and rounded to the nearest hundredth of a mpg, i.e., 35.455 = 35.46 mpg, and the summations in the numerator and denominator are both performed over all models in the fleet in question. [GRAPHIC] [TIFF OMITTED] TR02MY22.266 Where: TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint (FOOTPRINT, in square feet); Parameters a, b, c, and d are defined in Table 6 to this paragraph (a); and The MIN and MAX functions take the minimum and maximum, respectively, of the included values. Table 6 for Sec. 533.5(a)--Parameters for the Light Truck Fuel Economy Targets for MYs [2012-2016] ---------------------------------------------------------------------------------------------------------------- Parameters Model year ----------------------------------------------------------------------- a (mpg) b (mpg) c (gal/mi/ft\2\) d (gal/mi) ---------------------------------------------------------------------------------------------------------------- 2012.................................... 29.82 22.27 0.0004546 0.014900 2013.................................... 30.67 22.74 0.0004546 0.013968 2014.................................... 31.38 23.13 0.0004546 0.013225 2015.................................... 32.72 23.85 0.0004546 0.011920 2016.................................... 34.42 24.74 0.0004546 0.010413 ---------------------------------------------------------------------------------------------------------------- [[Page 111]] [GRAPHIC] [TIFF OMITTED] TR02MY22.267 Where: TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint (FOOTPRINT, in square feet); Parameters a, b, c, d, e, f, g, and h are defined in Table 7 to this paragraph (a); and The MIN and MAX functions take the minimum and maximum, respectively, of the included values. [[Page 112]] Table 7 to Sec. 533.5(a)--Parameters for the Light Truck Fuel Economy Targets for MYs [2017-2026] -------------------------------------------------------------------------------------------------------------------------------------------------------- Parameters ------------------------------------------------------------------------------------------------------- Model year c (gal/mi/ g (gal/mi/ a (mpg) b (mpg) ft\2\) d (gal/mi) e (mpg) f (mpg) ft\2\) h (gal/mi) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2017............................................ 36.26 25.09 0.0005484 0.005097 35.10 25.09 0.0004546 0.009851 2018............................................ 37.36 25.20 0.0005358 0.004797 35.31 25.20 0.0004546 0.009682 2019............................................ 38.16 25.25 0.0005265 0.004623 35.41 25.25 0.0004546 0.009603 2020............................................ 39.11 25.25 0.0005140 0.004494 35.41 25.25 0.0004546 0.009603 2021............................................ 39.71 25.63 0.000506 0.00443 NA NA NA NA 2022............................................ 40.31 26.02 0.000499 0.00436 NA NA NA NA 2023............................................ 40.93 26.42 0.000491 0.00429 NA NA NA NA 2024............................................ 44.48 26.74 0.000452 0.00395 NA NA NA NA 2025............................................ 48.35 29.07 0.000416 0.00364 NA NA NA NA 2026............................................ 53.73 32.30 0.000374 0.00327 NA NA NA NA -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 113]] (b)(1) For model year 1979, each manufacturer may: (i) Combine its 2- and 4-wheel drive light trucks and comply with the average fuel economy standard in paragraph (a) of this section for 2-wheel drive light trucks; or (ii) Comply separately with the two standards specified in paragraph (a) of this section. (2) For model year 1979, the standard specified in paragraph (a) of this section for 4-wheel drive light trucks applies only to 4-wheel drive general utility vehicles. All other 4-wheel drive light trucks in that model year shall be included in the 2-wheel drive category for compliance purposes. (c) For model years 1980 and 1981, manufacturers of limited product line light trucks may: (1) Comply with the separate standard for limited product line light trucks in Table 1 to paragraph (a) of this section; or (2) Comply with the other standards specified in paragraph (a) of this section, as applicable. (d) For model years 1982-91, each manufacturer may: (1) Combine its 2- and 4-wheel drive light trucks (segregating captive import and other light trucks) and comply with the combined average fuel economy standard specified in paragraph (a) of this section; or (2) Comply separately with the 2-wheel drive standards and the 4- wheel drive standards (segregating captive import and other light trucks) specified in paragraph (a) of this section. (e) For model year 1992, each manufacturer shall comply with the average fuel economy standard specified in paragraph (a) of this section (segregating captive import and other light trucks). (f) For each model year 1996 and thereafter, each manufacturer shall combine its captive imports with its other light trucks and comply with the fleet average fuel economy standard in paragraph (a) of this section. (g) For model years 2008-2010, at a manufacturer's option, a manufacturer's light truck fleet may comply with the fuel economy standard calculated for each model year according to Figure 1 to paragraph (a) of this section and the appropriate values in Table 5 to paragraph (a) of this section, with said option being irrevocably chosen for that model year and reported as specified in Sec. 537.8 of this chapter. (h) For model year 2011, a manufacturer's light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figure 1 to paragraph (a) of this section and the appropriate values in Table 5 to paragraph (a) of this section. (i) For model years 2012-2016, a manufacturer's light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figures 2 and 3 to paragraph (a) of this section and the appropriate values in Table 6 to paragraph (a) of this section. (j) For model years 2017-2026, a manufacturer's light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figures 2 and 4 to paragraph (a) of this section and the appropriate values in Table 7 to paragraph (a) of this section. Sec. 533.6 Measurement and calculation procedures. (a) Any reference to a class of light trucks manufactured by a manufacturer shall be deemed-- (1) To include all light trucks in that class manufactured by persons who control, are controlled by, or are under common control with, such manufacturer; (2) To include only light trucks which qualify as non-passenger vehicles in accordance with Sec. 523.5 of this chapter based upon the production measurements of the vehicles as sold to dealerships; and (3) To exclude all light trucks in that class manufactured (within the meaning of paragraph (a)(1) of this section) during a model year by such manufacturer which are exported prior to the expiration of 30 days following the end of such model year. (b) The fleet average fuel economy performance of all light trucks that are manufactured by a manufacturer in a model year shall be determined in accordance with procedures established [[Page 114]] by the Administrator of the Environmental Protection Agency (EPA) under 49 U.S.C. 32904 and set forth in 40 CFR part 600. (c) For model years 2017 and later, a manufacturer is eligible to increase the fuel economy performance of light trucks in accordance with procedures established by the EPA set forth in 40 CFR part 600, subpart F, including any adjustments to fuel economy the EPA allows, such as for fuel consumption improvements related to air conditioning efficiency, off-cycle technologies, and hybridization and other performance-based technologies for full-size pickup trucks that meet the requirements specified in 40 CFR 86.1803. Manufacturers must provide reporting on these technologies as specified in Sec. 537.7 of this chapter by the required deadlines. (1) Efficient air conditioning technologies. A manufacturer that seeks to increase its fleet average fuel economy performance through the use of technologies that improve the efficiency of air conditioning systems must follow the requirements in 40 CFR 86.1868-12. Fuel consumption improvement values resulting from the use of those air conditioning systems must be determined in accordance with 40 CFR 600.510-12(c)(3)(i). (2) Incentives for advanced full-size light-duty pickup trucks. For model year 2023 and 2024, the eligibility of a manufacturer to increase its fuel economy using hybridized and other performance-based technologies for full-size pickup trucks must follow 40 CFR 86.1870-12 and the fuel consumption improvement of these full-size pickup truck technologies must be determined in accordance with 40 CFR 600.510- 12(c)(3)(iii). Manufacturers may also combine incentives for full size pickups and dedicated alternative fueled vehicles when calculating fuel economy performance values in 40 CFR 600.510-12. (3) Off-cycle technologies on EPA's predefined list or using 5-cycle testing. A manufacturer that seeks to increase its fleet average fuel economy performance through the use of off-cycle technologies must follow the requirements in 40 CFR 86.1869-12. A manufacturer is eligible to gain fuel consumption improvements for predefined off-cycle technologies in accordance with 40 CFR 86.1869-12(b) or for technologies tested using the EPA's 5-cycle methodology in accordance with 40 CFR 86.1869-12(c). The fuel consumption improvement is determined in accordance with 40 CFR 600.510-12(c)(3)(ii). (4) Off-cycle technologies using the alternative EPA-approved methodology. A manufacturer is eligible to increase its fuel economy performance through use of an off-cycle technology requiring an application request made to the EPA in accordance with 40 CFR 86.1869- 12(d). (i) Eligibility under the corporate average fuel economy (CAFE) program requires compliance with paragraphs (c)(4)(i)(A) through (C) of this section. Paragraphs (c)(4)(i)(A), (B), and (D) of this section apply starting in model year 2024. (A) A manufacturer seeking to increase its fuel economy performance using the alternative methodology for an off-cycle technology, if prior to the applicable model year, the manufacturers submits to EPA a detailed analytical plan and is approved (i.e., for its planned test procedure and model types for demonstration) in accordance with 40 CFR 86.1869-12(d). (B) A manufacturer seeking to increase its fuel economy performance using the alternative methodology for an off-cycle technology must also submit an official credit application to EPA and obtain approval in accordance with 40 CFR 86.1869-12(e) prior to September of the given model year. (C) A manufacturer's plans, applications and requests approved by the EPA must be made in consultation with the National Highway Traffic Safety Administration (NHTSA). To expedite NHTSA's consultation with the EPA, a manufacturer must concurrently submit its application to NHTSA if the manufacturer is seeking off-cycle fuel economy improvement values under the CAFE program for those technologies. For off-cycle technologies that are covered under 40 CFR 86.1869-12(d), NHTSA will consult with the EPA regarding NHTSA's evaluation of the specific off- cycle technology to ensure its impact on fuel economy and the suitability of using the off- [[Page 115]] cycle technology to adjust the fuel economy performance. (D) A manufacturer may request an extension from NHTSA for more time to obtain an EPA approval. Manufacturers should submit their requests 30 days before the deadlines in paragraphs (c)(4)(i)(A) through (C) of this section. Requests should be submitted to NHTSA's Director of the Office of Vehicle Safety Compliance at cafe@dot.gov. (ii) Review and approval process. NHTSA will provide to EPA its views on the suitability of using the off-cycle technology to adjust vehicle fuel economy performance. NHTSA's evaluation and review will consider: (A) Whether the technology has a direct impact upon improving fuel economy performance; (B) Whether the technology is related to crash-avoidance technologies, safety critical systems or systems affecting safety- critical functions, or technologies designed for the purpose of reducing the frequency of vehicle crashes; (C) Information from any assessments conducted by the EPA related to the application, the technology and/or related technologies; and (D) Any other relevant factors. (E) NHTSA will collaborate to host annual meetings with EPA at least once by July 30th before the model year begins to provide general guidance to the industry on past off-cycle approvals. (iii) Safety. (A) Technologies found to be defective or non- compliant, subject to recall pursuant to part 573 of this chapter, due to a risk to motor vehicle safety, will have the values of approved off- cycle credits removed from the manufacturer's credit balance or adjusted to the population of vehicles the manufacturer remedies as required by 49 U.S.C. Chapter 301. NHTSA will consult with the manufacturer to determine the amount of the adjustment. (B) Approval granted for innovative and off-cycle technology credits under NHTSA's fuel efficiency program does not affect or relieve the obligation to comply with the Vehicle Safety Act (49 U.S.C. Chapter 301), including the ``make inoperative'' prohibition (49 U.S.C. 30122), and all applicable Federal motor vehicle safety standards issued thereunder (FMVSSs) (part 571 of this chapter). In order to generate off-cycle or innovative technology credits manufacturers must state-- (1) That each vehicle equipped with the technology for which they are seeking credits will comply with all applicable FMVSS(s); and (2) Whether or not the technology has a fail-safe provision. If no fail-safe provision exists, the manufacturer must explain why not and whether a failure of the innovative technology would affect the safety of the vehicle. Sec. Appendix A to Part 533--Example of Calculating Compliance Under Sec. 533.5(i) Assume a hypothetical manufacturer (Manufacturer X) produces a fleet of light trucks in MY 2012 as follows: [[Page 116]] Appendix A--Table I -------------------------------------------------------------------------------------------------------------------------------------------------------- Model type ------------------------------------------------------------------------------------------------ Actual Basic engine Description measured fuel Volume Group Carline name (L) Transmission class economy (mpg) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1......................... Pickup A 2WD........... 4 A5........................ Reg cab, MB............ 27.1 800 2......................... Pickup B 2WD........... 4 M5........................ Reg cab, MB............ 27.6 200 3......................... Pickup C 2WD........... 4.5 A5........................ Reg cab, LB............ 23.9 300 4......................... Pickup C 2WD........... 4 M5........................ Ext cab, MB............ 23.7 400 5......................... Pickup C 4WD........... 4.5 A5........................ Crew cab, SB........... 23.5 400 6......................... Pickup D 2WD........... 4.5 A6........................ Crew cab, SB........... 23.6 400 7......................... Pickup E 2WD........... 5 A6........................ Ext cab, LB............ 22.7 500 8......................... Pickup E 2WD........... 5 A6........................ Crew cab, MB........... 22.5 500 9......................... Pickup F 2WD........... 4.5 A5........................ Reg cab, LB............ 22.5 1,600 10........................ Pickup F 4WD........... 4.5 A5........................ Ext cab, MB............ 22.3 800 11........................ Pickup F 4WD........... 4.5 A5........................ Crew cab, SB........... 22.2 800 ----------------------------------------------------------------------------------------------------------------------------- Total................. ....................... .............. .......................... ....................... .............. 6,700 -------------------------------------------------------------------------------------------------------------------------------------------------------- Note to Table I to this appendix: Manufacturer X's required fleet average fuel economy standard level would first be calculated by determining the fuel economy targets applicable to each unique model type and footprint combination for model type groups 1-11 as illustrated in Table II to this appendix. Manufacturer X calculates a fuel economy target standard for each unique model type and footprint combination. Appendix A--Table II -------------------------------------------------------------------------------------------------------------------------------------------------------- Model type Fuel ------------------------------------------------------------------- Track economy Basic Description Base tire Wheelbase width F&R Footprint Volume target Group Carline name engine Transmission size (inches) average (ft\2\) standard (L) class (inches) (mpg) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1................ Pickup A 2WD..... 4 A5............... Reg cab, MB..... 235/75R15 100.0 68.8 47.8 800 27.30 2................ Pickup B 2WD..... 4 M5............... Reg cab, MB..... 235/75R15 100.0 68.2 47.4 200 27.44 3................ Pickup C 2WD..... 4.5 A5............... Reg cab, LB..... 255/70R17 125.0 68.8 59.7 300 23.79 4................ Pickup C 2WD..... 4 M5............... Ext cab, MB..... 255/70R17 125.0 68.8 59.7 400 23.79 5................ Pickup C 4WD..... 4.5 A5............... Crew cab, SB.... 275/70R17 150.0 69.0 71.9 400 22.27 6................ Pickup D 2WD..... 4.5 A6............... Crew cab, SB.... 255/70R17 125.0 68.8 59.7 400 23.79 7................ Pickup E 2WD..... 5 A6............... Ext cab, LB..... 255/70R17 125.0 68.8 59.7 500 23.79 8................ Pickup E 2WD..... 5 A6............... Crew cab, MB.... 285/70R17 125.0 69.2 60.1 500 23.68 9................ Pickup F 2WD..... 4.5 A5............... Reg cab, LB..... 255/70R17 125.0 68.9 59.8 1,600 23.76 10............... Pickup F 4WD..... 4.5 A5............... Ext cab, MB..... 275/70R17 150.0 69.0 71.9 800 22.27 11............... Pickup F 4WD..... 4.5 A5............... Crew cab, SB.... 285/70R17 150.0 69.2 72.1 800 22.27 Total........ ................. ......... ................. ................ ........... ......... ......... ......... 6,700 -------------------------------------------------------------------------------------------------------------------------------------------------------- Note to Table II to this appendix: With the appropriate fuel economy targets determined for each unique model type and footprint combination, Manufacturer X's required fleet average fuel economy standard would be calculated as illustrated in Figure 1 to this appendix: [[Page 117]] [GRAPHIC] [TIFF OMITTED] TR02MY22.268 [GRAPHIC] [TIFF OMITTED] TR02MY22.269 Note to Figure 2 to this appendix: Since the actual fleet average fuel economy performance of Manufacturer X's fleet is 23.3 mpg, as compared to its required fleet fuel economy standard of 23.7 mpg, Manufacturer X did not comply with the CAFE standard for MY 2012 as set forth in Sec. 533.5(i). PART 534_RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS--Table of Contents Sec. 534.1 Scope. 534.2 Applicability. 534.3 Definitions. 534.4 Successors and predecessors. 534.5 Manufacturers within control relationships. 534.6 Reporting corporate transactions. 534.7 Situations not directly addressed by this part. 534.8 Shared corporate relationships. Authority: 49 U.S.C. 32901; delegation of authority at 49 CFR 1.95. Source: 69 FR 77671, Dec. 28, 2004, unless otherwise noted. Sec. 534.1 Scope. This part defines the rights and responsibilities of manufacturers in the [[Page 118]] context of changes in corporate relationships for purposes of the fuel economy and fuel consumption programs established by 49 U.S.C. chapter 329. [76 FR 57492, Sept. 15, 2011] Sec. 534.2 Applicability. This part applies to manufacturers of passenger automobiles, light trucks, heavy-duty vehicles and the engines manufactured for use in heavy-duty vehicles as defined in 49 CFR part 523. [76 FR 57492, Sept. 15, 2011] Sec. 534.3 Definitions. (a) Statutory definitions and terms. All terms used in 49 U.S.C. Chapter 329 are used according to their statutory meaning. (b) As used in this part-- ``Control relationship'' means the relationship that exists between manufacturers that control, are controlled by, or are under common control with, one or more other manufacturers. ``Predecessor'' means a manufacturer whose rights have been vested in and whose burdens have been assumed by another manufacturer. ``Successor'' means a manufacturer that has become vested with the rights and assumed the burdens of another manufacturer. Sec. 534.4 Successors and predecessors. For purposes of the fuel economy and fuel consumption programs, ``manufacturer'' includes ``predecessors'' and ``successors'' to the extent specified in this section. (a) Successors are responsible for any civil penalties that arise out of fuel economy and fuel consumption shortfalls incurred and not satisfied by predecessors. (b) If one manufacturer has become the successor of another manufacturer during a model year, all of the vehicles or engines produced by those manufacturers during the model year are treated as though they were manufactured by the same manufacturer. A manufacturer is considered to have become the successor of another manufacturer during a model year if it is the successor on September 30 of the corresponding calendar year and was not the successor for the preceding model year. (c)(1) For passenger automobiles and light trucks, fuel economy credits earned by a predecessor before or during model year 2007 may be used by a successor, subject to the availability of credits and the general three-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward. Fuel economy credits earned by a predecessor after model year 2007 may be used by a successor, subject to the availability of credits and the general five-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward. (2) For heavy-duty vehicles and heavy-duty vehicle engines, available fuel consumption credits earned by a predecessor after model year 2015, and in model years 2013, 2014 and 2015 if a manufacturer voluntarily complies in those model years, may be used by a successor, subject to the availability of credits and the general five-year restriction on carrying credits forward and the general three year restriction on carrying credits backward. (d)(1) For passenger automobiles and light trucks, fuel economy credits earned by a successor before or during model year 2007 may be used to offset a predecessor's shortfall, subject to the availability of credits and the general three-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward. Credits earned by a successor after model year 2007 may be used to offset a predecessor's shortfall, subject to the availability of credits and the general five-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward. (2) For heavy-duty vehicles and heavy-duty vehicle engines, available credits earned by a successor after model year 2015, and in model years 2013, 2014 and 2015, if a manufacturer voluntarily complies in those model years, may be used by a predecessor subject to the availability of credits and the general five-year restriction on carrying credits forward and the general three year restriction on carrying credits backward. [76 FR 57492, Sept. 15, 2011] [[Page 119]] Sec. 534.5 Manufacturers within control relationships. (a) If a civil penalty arises out of a fuel economy or fuel consumption shortfall incurred by a group of manufacturers within a control relationship, each manufacturer within that group is jointly and severally liable for the civil penalty. (b) A manufacturer is considered to be within a control relationship for an entire model year if and only if it is within that relationship on September 30 of the calendar year in which the model year ends. (c)(1) For passenger automobiles and light trucks, fuel economy credits of a manufacturer within a control relationship may be used by the group of manufacturers within the control relationship to offset shortfalls, subject to the agreement of the other manufacturers, the availability of the credits, and the general three year restriction on carrying credits forward or backward prior to or during model year 2007, or the general five year restriction on carrying credits forward and the general three-year restriction on carrying credits backward after model year 2007. (2) For heavy-duty vehicles and heavy-duty engines, credits of a manufacturer within a control relationship may be used by the group of manufacturers within the control relationship to offset shortfalls, subject to the agreement of the other manufacturers, the availability of the credits, the general 5-year restriction on carrying credits forward, and the general three year restriction on offsetting past credit shortfalls as specified in the requirements of 49 CFR 535.7. (d)(1) For passenger automobiles and light trucks, if a manufacturer within a group of manufacturers is sold or otherwise spun off so that it is no longer within that control relationship, the manufacturer may use credits that were earned by the group of manufacturers within the control relationship while the manufacturer was within that relationship, subject to the agreement of the other manufacturers, the availability of the credits, and the general three-year restriction on carrying credits forward or backward prior to or during model year 2007, or the general five-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward after model year 2007. (2) For heavy-duty vehicles and heavy-duty vehicle engines, if a manufacturer within a group of manufacturers is sold or otherwise spun off so that it is no longer within that control relationship, the manufacturer may use credits that were earned by the group of manufacturers within the control relationship while the manufacturer was within that relationship, subject to the agreement of the other manufacturers, the availability of the credits, the general 5-year restriction on carrying credits forward, and the general three year restriction on offsetting past credit shortfalls as specified in the requirements of 49 CFR 535.7. (e) Agreements among manufacturers in a control relationship related to the allocation of credits or liabilities addressed by this section shall be filed with the agency within 60 days of the end of each model year in the same form as specified in section 534.6. The manufacturers may seek confidential treatment for information provided in the certified report in accordance with 49 CFR part 512. [69 FR 77671, Dec. 28, 2004, as amended at 74 FR 14452, Mar. 30, 2009; 76 FR 57492, Sept. 15, 2011] Sec. 534.6 Reporting corporate transactions. Manufacturers who have entered into written contracts transferring rights and responsibilities such that a different manufacturer owns the controlling stock or exerts control over the design, production or sale of automobiles or heavy-duty vehicles to which Corporate Average Fuel Economy or Fuel Consumption standards apply shall report the contract to the agency as follows: (a) The manufacturers must file a certified report with the agency affirmatively stating that the contract transfers rights and responsibilities between them such that one manufacturer has assumed a controlling stock ownership or control over the design, production or sale of vehicles. The report must also specify the first full model year to which the transaction will apply. [[Page 120]] (b) Each report shall-- (1) Identify each manufacturer; (2) State the full name, title, and address of the official responsible for preparing the report; (3) Identify the production year being reported on; (4) Be written in the English language; and (5) Be submitted to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. (c) The manufacturers may seek confidential treatment for information provided in the certified report in accordance with 49 CFR part 512. [76 FR 57493, Sept. 15, 2011] Sec. 534.7 Situations not directly addressed by this part. To the extent that this part does not directly address an issue concerning the rights and responsibilities of manufacturers in the context of a change in corporate relationships, the agency will make determinations based on interpretation of the statute and the principles reflected in the part. Sec. 534.8 Shared corporate relationships. (a) Vehicles and engines built by multiple manufacturers can share responsibility for complying with fuel consumption standards in 49 CFR part 535, by following the EPA requirements in 40 CFR 1037.620 and by sending a joint agreement between the parties to EPA and NHTSA before submitting any certificates of conformity for the applicable vehicles or engines in accordance with 40 CFR part 1036, subpart C, and 40 CFR part 1037, subpart C. (1) Each joint agreement must-- (i) Define how each manufacturer shares responsibility for the planned vehicles or engines. (ii) Specify which manufacturer(s) will be responsible for the EPA certificates of conformity; (iii) Describe the planned vehicles and engines in terms of the model types, production volumes, and model years (if known); (iv) Describe which manufacturer(s) have engineering and design control and sale distribution ownership over the vehicles and/or engines; and (v) Include signatures from all parties involved in the shared corporate relationship. (2) After defining the shared relationship between the manufacturers, any contractual changes must be notified to EPA and NHTSA before the next model year's production of the applicable vehicles or engines begins. (3) Multiple manufacturers must designate the same shared responsibility for complying with fuel consumption standards as selected for GHG standards unless otherwise allowed by EPA and NHTSA. (b) NHTSA and EPA reserve the right to reject the joint agreement. [81 FR 74237, Oct. 25, 2016] PART 535_MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM-- Table of Contents Sec. 535.1 Scope. 535.2 Purpose. 535.3 Applicability. 535.4 Definitions. 535.5 Standards. 535.6 Measurement and calculation procedures. 535.7 Averaging, banking, and trading (ABT) credit program. 535.8 Reporting and recordkeeping requirements. 535.9 Enforcement approach. 535.10 How do manufacturers comply with fuel consumption standards? Authority: 49 U.S.C. 32902 and 30101; delegation of authority at 49 CFR 1.95. Source: 81 FR 74238, Oct. 25, 2016, unless otherwise noted. Sec. 535.1 Scope. This part establishes fuel consumption standards pursuant to 49 U.S.C. 32902(k) for work trucks and commercial medium- and heavy-duty on-highway vehicles, including trailers (hereafter referenced as heavy- duty vehicles), and engines manufactured for sale in the United States. This part establishes a credit program manufacturers may use to comply with standards and requirements for manufacturers to provide reports to the National Highway Traffic Safety Administration regarding their efforts to reduce the fuel [[Page 121]] consumption of heavy-duty vehicles and engines. Sec. 535.2 Purpose. The purpose of this part is to reduce the fuel consumption of new heavy-duty vehicles and engines by establishing maximum levels for fuel consumption standards while providing a flexible credit program to assist manufacturers in complying with standards. Sec. 535.3 Applicability. (a) This part applies to manufacturers that produce complete and incomplete heavy-duty vehicles as defined in 49 CFR part 523, and to the manufacturers of all heavy-duty engines manufactured for use in the applicable vehicles for each given model year. (b) This part also applies to alterers, final stage manufacturers, and intermediate manufacturers producing vehicles and engines or assembling motor vehicles or motor vehicle equipment under special conditions. Manufacturers comply with this part by following the special conditions in 40 CFR 1037.620, 1037.621, and 1037.622 in which EPA allows manufacturer to: (1) Share responsibility for the vehicles they produce. Manufacturers sharing responsibility for complying with emissions and fuel consumption standards must submit to the agencies a joint agreement as specified in 49 CFR 534.8(a); (2) Have certificate holders sell or ship vehicles that are missing certain emission-related components to be installed by secondary vehicle manufacturers; (3) Ship partially complete vehicles to secondary manufacturers; (4) Build electric vehicles; and (5) Build alternative fueled vehicles from all types of heavy duty engine conversions. The conversion manufacturer must: (i) Install alternative fuel conversion systems into vehicles acquired from vehicle manufacturers prior to first retail sale or prior to the vehicle's introduction into interstate commerce. (ii) Be designated by the vehicle manufacturer and EPA to be the certificate holder. (iii) Omit alternative fueled vehicles from compliance with vehicle fuel consumption standards, if-- (A) Excluded from EPA emissions standards; and (B) A reasonable technical basis exist that the modified vehicle continues to meet emissions and fuel consumption vehicle standards. (c) Vehicle and engine manufacturers that must comply with this part include manufacturers required to have approved certificates of conformity from EPA as specified in 40 CFR parts 86, 1036, and 1037. (d) The following heavy-duty vehicles and engines are excluded from the requirements of this part: (1) Vehicles and engines manufactured prior to January 1, 2014, unless certified early under NHTSA's voluntary provisions in Sec. 535.5. (2) Medium-duty passenger vehicles and other vehicles subject to the light-duty corporate average fuel economy standards in 49 CFR parts 531 and 533. (3) Recreational vehicles, including motor homes manufactured before January 1, 2021, except those produced by manufacturers voluntarily complying with NHTSA's early vocational standards for model years 2013 through 2020. (4) Aircraft vehicles meeting the definition of ``motor vehicle''. For example, this would include certain convertible aircraft that can be adjusted to operate on public roads. (5) Heavy-duty trailers as defined in 49 CFR 523.10 meeting one or more of the following criteria are excluded from trailer standards in Sec. 535.5(e): (i) Trailers with four or more axles and trailers less than 35 feet long with three axles (i.e., trailers intended for hauling very heavy loads). (ii) Trailers intended for temporary or permanent residence, office space, or other work space, such as campers, mobile homes, and carnival trailers. (iii) Trailers with a gap of at least 120 inches between adjacent axle centerlines. In the case of adjustable axle spacing, this refers to the closest possible axle positioning. (iv) Trailers built before January 1, 2021, except those trailers built by manufacturers after January 1, 2018, and voluntarily complying with [[Page 122]] NHTSA's early trailer standards for model years 2018 through 2020. (v) Note that the definition of ``heavy-duty trailer'' in 49 CFR 523.10 excludes equipment that serves similar purposes but are not intended to be pulled by a tractor. This exclusion applies to such equipment whether or not they are known commercially as trailers. For example, any equipment pulled by a heavy-duty vehicle with a pintle hook or hitch instead of a fifth wheel does not qualify as a trailer under this part. (6) Engines installed in heavy-duty vehicles that are not used to propel vehicles. Note, this includes engines used to indirectly propel vehicles (such as electrical generator engines that power to batteries for propulsion). (7) The provisions of this part do not apply to engines that are not internal combustion engines. For example, the provisions of this part do not apply to fuel cells. Note that gas turbine engines are internal combustion engines. (e) The following heavy-duty vehicles and engines are exempted from the requirements of this part: (1) Off-road vehicles. Vehicle manufacturers producing vehicles intended for off-road may exempt vehicles without requesting approval from the agencies subject to the criteria in Sec. 535.5(b)(9)(i) and 40 CFR 1037.631(a). If unusual circumstances exist and a manufacturer is uncertain as to whether its vehicles qualify, the manufacturer should ask for a preliminary determination from the agencies before submitting its application for certification in accordance with 40 CFR 1037.205 for the applicable vehicles. Send the request with supporting information to EPA and the agencies will coordinate in making a preliminary determination as specified in 40 CFR 1037.210. These decisions are considered to be preliminary approvals and subject to final review and approval. (2) Small business manufacturers. (i) For Phase 1, small business manufacturers are exempted from the vehicle and engine standards of Sec. 535.5, but must comply with the reporting requirements of Sec. 535.8(g). (ii) For Phase 2, fuel consumption standards apply on a delayed schedule for manufacturers meeting the small business criteria specified in 13 CFR 121.201 and in 40 CFR 86.1819-14(k)(5), 40 CFR 1036.150, and 40 CFR 1037.150. Qualifying manufacturers of truck tractors, vocational vehicles, heavy duty pickups and vans, and engines are not subject to the fuel consumption standards for vehicles built before January 1, 2022 and engines (such as those engines built by small alternative fuel engine converters) with a date of manufacturer on or after November 14, 2011 and before January 1, 2022. Qualifying manufacturers may choose to voluntarily comply early. (iii) Small business manufacturers producing vehicles and engines that run on any fuel other than gasoline, E85, or diesel fuel meeting the criteria specified in 13 CFR 121.201 and in 40 CFR 86.1819-14(k)(5), 40 CFR 1036.150, and 40 CFR 1037.150 may delay complying with every new mandatory standard under this part by one model year. (3) Transitional allowances for trailers. Through model year 2026, trailer manufacturers may calculate a number of trailers that are exempt from the fuel consumption standards of this part. Calculate the number of exempt box vans in a given model year by multiplying the manufacturer's total U.S.-directed production volume of certified box vans by 0.20 and rounding to the nearest whole number; however, in no case may the number of exempted box vans be greater than 350 units in any given model year. Repeat this calculation to determine the number of non-box trailers, up to 250 annual units, that are exempt from standards and certification requirements. Manufacturers perform the calculation based on their projected production volumes in the first year that standards apply; in later years, use actual production volumes from the preceding model year. Manufacturers must include these calculated values and the production volumes of exempt trailers in their annual production reports required under Sec. 535.8(g)(12). (4) Engines for specialty vehicles. Engines certified to the alternative standards specified in 40 CFR 86.007-11 and 86.008-10 for use in specialty vehicles as described in 40 CFR 1037.605. Compliance with the vehicle provisions in 40 [[Page 123]] CFR 1037.605 satisfies compliance for NHTSA under this part. (f) For model year 2021 and later, vocational vehicle manufacturers building custom chassis vehicles (e.g. emergency vehicles) may be exempted from standards in Sec. 535.5(b)(4) and may comply with alternative fuel consumption standards as specified in Sec. 535.5(b)(6). Manufacturers complying with alternative fuel consumption standards in Sec. 535.5(b)(6) are restricted in using fuel consumption credits as specified in Sec. 535.7(c). (g) The fuel consumption standards in some cases apply differently for spark-ignition and compression-ignition engines or vehicles as specified in 40 CFR parts 1036 and 1037. Engine requirements are similarly differentiated by engine type and by primary intended service class, as described in 40 CFR 1036.140. (h) NHTSA may exclude or exempt vehicles and engines under special conditions allowed by EPA in accordance with 40 CFR parts 85, 86, 1036, 1037, 1039, and 1068. Manufacturers should consult the agencies if uncertain how to apply any EPA provision under the NHTSA fuel consumption program. It is recommend that manufacturers seek clarification before producing a vehicle. Upon notification by EPA of a fraudulent use of an exemption, NHTSA reserves that right to suspend or revoke any exemption or exclusion. (i) In cases where there are differences between the application of this part and the corresponding EPA program regarding whether a vehicle is regulated or not (such as due to differences in applicability resulting from differing agency definitions, etc.), manufacturers should contact the agencies to identify these vehicles and assess the applicability of the agencies' standards. The agencies will provide guidance on how the vehicles can comply. Manufacturers are required to identify these vehicles in their final reports submitted in accordance with Sec. 535.8. Sec. 535.4 Definitions. The terms manufacture and manufacturer are used as defined in section 501 of the Act and the terms commercial medium-duty and heavy- duty on highway vehicle, fuel and work truck are used as defined in 49 U.S.C. 32901. See 49 CFR 523.2 for general definitions related to NHTSA's fuel efficiency programs. Act means the Motor Vehicle Information and Cost Savings Act, as amended by Pub. L. 94-163 and 96-425. Administrator means the Administrator of the National Highway Traffic Safety Administration (NHTSA) or the Administrator's delegate. Advanced technology means vehicle technology under this fuel consumption program in Sec. Sec. 535.6 and 535.7 and by EPA under 40 CFR 86.1819-14(d)(7), 1036.615, or 1037.615. Alterers means a manufacturer that modifies an altered vehicle as defined in 49 CFR 567.3 Alternative fuel conversion has the meaning given for clean alternative fuel conversion in 40 CFR 85.502. A to B testing has the meaning given in 40 CFR 1037.801. Automated manual transmission has the meaning given in 40 CFR 1037.801. Automatic tire inflation system has the meaning given in 40 CFR 1037.801. Automatic transmission (AT) has the meaning given in 40 CFR 1037.801. Auxiliary power unit has the meaning given in 40 CFR 1037.801. Averaging set means, a set of engines or vehicles in which fuel consumption credits may be exchanged. Credits generated by one engine or vehicle family may only be used by other respective engine or vehicle families in the same averaging set as specified in Sec. 535.7 . Note that an averaging set may comprise more than one regulatory subcategory. The averaging sets for this HD program are defined as follows: (1) Heavy-duty pickup trucks and vans. (2) Light heavy-duty (LHD) vehicles. (3) Medium heavy-duty (MHD) vehicles. (4) Heavy heavy-duty (HHD) vehicles. (5) Light heavy-duty engines subject to compression-ignition standards. (6) Medium heavy-duty engines subject to compression-ignition standards. (7) Heavy heavy-duty engines subject to compression-ignition standards. (8) Engines subject to spark-ignition standards. (9) Long trailers. [[Page 124]] (10) Short trailers. (11) Vehicle types certifying to optional custom chassis standards as specified in Sec. 535.5(b)(6) form separate averaging sets for each vehicle type as specified in Sec. 535.7(c). Axle ratio or Drive axle ratio, ka has the meaning given in 40 CFR 1037.801. Basic vehicle frontal area has the meaning given in 40 CFR 1037.801. Cab-complete vehicle has the meaning given in 49 CFR 523.2. Carryover has the meaning given in 40 CFR 1037.801. Certificate holder means the manufacturer who holds the certificate of conformity for the vehicle or engine and that assigns the model year based on the date when its manufacturing operations are completed relative to its annual model year period. Certificate of Conformity means an approval document granted by EPA to a manufacturer that submits an application for a vehicle or engine emissions family in 40 CFR 1036.205 and 1037.205. A certificate of conformity is valid from the indicated effective date until December 31 of the model year for which it is issued. The certificate must be renewed annually for any vehicle a manufacturer continues to produce. Certification has the meaning given in 40 CFR 1037.801. Certified emission level has the meaning given in 40 CFR 1036.801. Chassis-cab means the incomplete part of a vehicle that includes a frame, a completed occupant compartment and that requires only the addition of cargo-carrying, work-performing, or load-bearing components to perform its intended functions. Chief Counsel means the NHTSA Chief Counsel, or his or her designee. Class means relating to GVWR classes for vehicles other than trailers, as follows: (1) Class 2b vehicles are vehicles with a gross vehicle weight rating (GVWR) ranging from 8,501 to 10,000 pounds. (2) Class 3 through Class 8 vehicles are vehicles with a gross vehicle weight rating (GVWR) of 10,001 pounds or more as defined in 49 CFR 565.15. Complete sister vehicle is a complete vehicle of the same configuration as a cab-complete vehicle. Complete vehicle has the meaning given in 49 CFR part 523. Compression-ignition (CI) means relating to a type of reciprocating, internal-combustion engine, such as a diesel engine, that is not a spark-ignition engine. Note, in accordance with 40 CFR 1036.1, gas turbine engines and other engines not meeting the definition of compression-ignition are deemed to be compression-ignition engines for complying with fuel consumption standards. Configuration means a subclassification within a test group for passenger cars, light trucks and medium-duty passenger vehicles and heavy-duty pickup trucks and vans which is based on basic engine, engine code, transmission type and gear ratios, and final drive ratio. Container chassis trailer has the same meaning as container chassis in 40 CFR 1037.801. Curb weight has the meaning given in 40 CFR 86.1803. Custom chassis vehicle means a vocational vehicle that is a motor home, school bus, refuse hauler, concrete mixer, emergency vehicle, mixed-use vehicle or other buses that are not school buses or motor coaches. These vehicle types are defined in 49 CFR 523.3. A ``mixed-use vehicle'' is one that meets at least one of the criteria specified in 40 CFR 1037.631(a)(1) or at least one of the criteria in 40 CFR 1037.631(a)(2), but not both. Date of manufacture means the date on which the certifying vehicle manufacturer completes its manufacturing operations, except as follows: (1) Where the certificate holder is an engine manufacturer that does not manufacture the complete or incomplete vehicle, the date of manufacture of the vehicle is based on the date assembly of the vehicle is completed. (2) EPA and NHTSA may approve an alternate date of manufacture based on the date on which the certifying (or primary) vehicle manufacturer completes assembly at the place of main assembly, consistent with the provisions of 40 CFR 1037.601 and 49 CFR 567.4. (3) A vehicle manufacturer that completes assembly of a vehicle at two or more facilities may ask to use as the [[Page 125]] month and year of manufacture, for that vehicle, the month and year in which manufacturing is completed at the place of main assembly, consistent with provisions of 49 CFR 567.4, as the model year. Note that such staged assembly is subject to the provisions of 40 CFR 1068.260(c). NHTSA's allowance of this provision is effective when EPA approves the manufacturer's certificates of conformity for these vehicles. Day cab has the meaning given in 40 CFR 1037.801. Drayage tractor has the meaning given in 40 CFR 1037.801. Dual-clutch transmission (DCT) means a transmission has the meaning given in 40 CFR 1037.801. Dual-fuel has the meaning given in 40 CFR 1037.801. Electric vehicle has the meaning given in 40 CFR 1037.801. Emergency vehicle means a vehicle that meets one of the criteria in 40 CFR 1037.801. Engine family has the meaning given in 40 CFR 1036.230. Manufacturers designate families in accordance with EPA provisions and may not choose different families between the NHTSA and EPA programs. Excluded means a vehicle or engine manufacturer or component is not required to comply with any aspects with the NHTSA fuel consumption program. Exempted means a vehicle or engine manufacturer or component is not required to comply with certain provisions of the NHTSA fuel consumption program. Family certification level (FCL) has the meaning given in 40 CFR 1036.801. Family emission limit (FEL) has the meaning given in 40 CFR 1037.801. Final drive ratio has the meaning given in 40 CFR 1037.801. Final-stage manufacturer has the meaning given in 49 CFR 567.3 and includes secondary vehicle manufacturers as defined in 40 CFR 1037.801. Flatbed trailer has the meaning given in 40 CFR 1037.801. Fleet in this part means all the heavy-duty vehicles or engines within each of the regulatory sub-categories that are manufactured by a manufacturer in a particular model year and that are subject to fuel consumption standards under Sec. 535.5. Fleet average fuel consumption is the calculated average fuel consumption performance value for a manufacturer's fleet derived from the production weighted fuel consumption values of the unique vehicle configurations within each vehicle model type that makes up that manufacturer's vehicle fleet in a given model year. In this part, the fleet average fuel consumption value is determined for each manufacturer's fleet of heavy-duty pickup trucks and vans. Fleet average fuel consumption standard is the actual average fuel consumption standard for a manufacturer's fleet derived from the production weighted fuel consumption standards of each unique vehicle configuration, based on payload, tow capacity and drive configuration (2, 4 or all-wheel drive), of the model types that makes up that manufacturer's vehicle fleet in a given model year. In this part, the fleet average fuel consumption standard is determined for each manufacturer's fleet of heavy-duty pickup trucks and vans. Fuel cell means an electrochemical cell that produces electricity via the non-combustion reaction of a consumable fuel, typically hydrogen. Fuel cell electric vehicle means a motor vehicle propelled solely by an electric motor where energy for the motor is supplied by a fuel cell. Fuel efficiency means the amount of work performed for each gallon of fuel consumed. Gaseous fuel has the meaning given in 40 CFR 1037.801. Greenhouse gas Emissions Model (GEM) has the meaning given in 40 CFR 1037.801. Gross axle weight rating (GAWR) has the meaning given in 49 CFR 571.3. Gross combination weight rating (GCWR) has the meaning given in 49 CFR 571.3. Gross vehicle weight rating (GVWR) has the meaning given in 49 CFR 571.3. Good engineering judgment has the meaning given in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process used to evaluate good engineering judgment. [[Page 126]] Heavy-duty off-road vehicle means a heavy-duty vocational vehicle or vocational tractor that is intended for off-road use. Heavy-duty vehicle has the meaning given in 49 CFR part 523. Heavy-haul tractor has the meaning given in 40 CFR 1037.801. Heavy heavy-duty (HHD) vehicle has the meaning given in vehicle service class. Hybrid engine or hybrid powertrain means an engine or powertrain that includes energy storage features other than a conventional battery system or conventional flywheel. Supplemental electrical batteries and hydraulic accumulators are examples of hybrid energy storage systems. Note that certain provisions in this part treat hybrid engines and powertrains intended for vehicles that include regenerative braking different than those intended for vehicles that do not include regenerative braking. Hybrid vehicle means a vehicle that includes energy storage features (other than a conventional battery system or conventional flywheel) in addition to an internal combustion engine or other engine using consumable chemical fuel. Supplemental electrical batteries and hydraulic accumulators are examples of hybrid energy storage systems Note that certain provisions in this part treat hybrid vehicles that include regenerative braking different than those that do not include regenerative braking. Idle operation has the meaning given in 40 CFR 1037.801. Incomplete vehicle has the meaning given in 49 CFR part 523. For the purpose of this regulation, a manufacturer may request EPA and NHTSA to allow the certification of a vehicle as an incomplete vehicle if it manufactures the engine and sells the unassembled chassis components, provided it does not produce and sell the body components necessary to complete the vehicle. Innovative technology means technology certified under Sec. 535.7 and by EPA under 40 CFR 86.1819-14(d)(13), 1036.610, and 1037.610 in the Phase 1 program. Intermediate manufacturer has the meaning given in 49 CFR 567.3. Light heavy-duty (LHD) vehicle has the meaning given in vehicle service class. Liquefied petroleum gas (LPG) has the meaning given in 40 CFR 1036.801. Low rolling resistance tire means a tire on a vocational vehicle with a tire rolling resistance level (TRRL) of 7.7 kg/metric ton or lower, a steer tire on a tractor with a TRRL of 7.7 kg/metric ton or lower, or a drive tire on a tractor with a TRRL of 8.1 kg/metric ton or lower. Manual transmission (MT) has the meaning given in 40 CFR 1037.801. Medium heavy-duty (MHD) vehicle has the meaning given in vehicle service class. Model type has the meaning given in 40 CFR 600.002. Model year as it applies to vehicles means: (1) For tractors and vocational vehicles with a date of manufacture on or after January 1, 2021, the vehicle's model year is the calendar year corresponding to the date of manufacture; however, the vehicle's model year may be designated to be the year before the calendar year corresponding to the date of manufacture if the engine's model year is also from an earlier year. Note that subparagraph (2) of this definition limits the extent to which vehicle manufacturers may install engines built in earlier calendar years. Note that 40 CFR 1037.601(a)(2) limits the extent to which vehicle manufacturers may install engines built in earlier calendar years. (2) For trailers and for Phase 1 tractors and vocational vehicles with a date of manufacture before January 1, 2021, model year means the manufacturer's annual new model production period, except as restricted under this definition. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar year. The model year may be set to match the calendar year corresponding to the date of manufacture. (i) The manufacturer who holds the certificate of conformity for the vehicle must assign the model year based [[Page 127]] on the date when its manufacturing operations are completed relative to its annual model year period. In unusual circumstances where completion of your assembly is delayed, we may allow you to assign a model year one year earlier, provided it does not affect which regulatory requirements will apply. (ii) Unless a vehicle is being shipped to a secondary manufacturer that will hold the certificate of conformity, the model year must be assigned prior to introduction of the vehicle into U.S. commerce. The certifying manufacturer must redesignate the model year if it does not complete its manufacturing operations within the originally identified model year. A vehicle introduced into U.S. commerce without a model year is deemed to have a model year equal to the calendar year of its introduction into U.S. commerce unless the certifying manufacturer assigns a later date. Model year as it applies to engines means the manufacturer's annual new model production period, except as restricted under this definition. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar year. Manufacturers may not adjust model years to circumvent or delay compliance with emission standards or to avoid the obligation to certify annually. Natural gas has the meaning given in 40 CFR 1036.801. Vehicles that use a pilot-ignited natural gas engine (which uses a small diesel fuel ignition system), are still considered natural gas vehicles. NHTSA Enforcement means the NHTSA Associate Administrator for Enforcement, or his or her designee. Neutral coasting has the meaning given in 40 CFR 1037.801. Off-cycle technology means technology certified under Sec. 535.7 and by EPA under 40 CFR 86.1819-14(d)(13), 1036.610, and 1037.610 in the Phase 2 program. Party means the person alleged to have committed a violation of Sec. 535.9, and includes manufacturers of vehicles and manufacturers of engines. Payload means in this part the resultant of subtracting the curb weight from the gross vehicle weight rating. Petroleum has the meaning given in 40 CFR 1037.801. Phase 1 means the joint NHTSA and EPA program established in 2011 for fuel efficiency standards and greenhouse gas emissions standards regulating medium- and heavy-duty engines and vehicles. See Sec. 535.5 for the specific model years that standards apply to vehicles and engines. Phase 2 means the joint NHTSA and EPA program established in 2016 for fuel efficiency standards and greenhouse gas emissions standards regulating medium- and heavy-duty vehicles including trailers, and engines. See Sec. 535.5 for the specific model years that standards apply to vehicles and engines. Pickup truck has the meaning given in 49 CFR part 523. Plug-in hybrid electric vehicle (PHEV) means a hybrid electric vehicle that has the capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle while the vehicle is in motion. Power take-off (PTO) means a secondary engine shaft or other system on a vehicle that provides substantial auxiliary power for purposes unrelated to vehicle propulsion or normal vehicle accessories such as air conditioning, power steering, and basic electrical accessories. A typical PTO uses a secondary shaft on the engine to transmit power to a hydraulic pump that powers auxiliary equipment such as a boom on a bucket truck. Powertrain family has the meaning given in 40 CFR 1037.231. Manufacturers choosing to perform powertrain testing as specified in 40 CFR 1037.550, divide product lines into powertrain families that are expected to have similar fuel consumptions and CO2 emission characteristics throughout the useful life. Preliminary approval means approval granted by an authorized EPA representative prior to submission of an application for certification, consistent with the provisions of 40 CFR 1037.210. For requirements involving NHTSA, EPA will ensure decisions are jointly [[Page 128]] made and will convey the decision to the manufacturer. Primary intended service class has the same meaning for engines as specified in 40 CFR 1036.140. Manufacturers must identify a single primary intended service class for each engine family that best describes vehicles for which it designs and markets the engine, as follows: (1) Divide compression-ignition engines into primary intended service classes based on the following engine and vehicle characteristics: (i) Light heavy-duty ``LHD'' engines usually are not designed for rebuild and do not have cylinder liners. Vehicle body types in this group might include any heavy-duty vehicle built from a light-duty truck chassis, van trucks, multi-stop vans, and some straight trucks with a single rear axle. Typical applications would include personal transportation, light-load commercial delivery, passenger service, agriculture, and construction. The GVWR of these vehicles is normally below 19,500 pounds. (ii) Medium heavy-duty ``MHD'' engines may be designed for rebuild and may have cylinderliners. Vehicle body types in this group would typically include school buses, straight trucks with single rear axles, city tractors, and a variety of special purpose vehicles such as small dump trucks, and refuse trucks. Typical applications would include commercial short haul and intra-city delivery and pickup. Engines in this group are normally used in vehicles whose GVWR ranges from 19,500 to 33,000 pounds. (iii) Heavy heavy-duty ``HHD'' engines are designed for multiple rebuilds and have cylinder liners. Vehicles in this group are normally tractors, trucks, straight trucks with dual rear axles, and buses used in inter-city, long-haul applications. These vehicles normally exceed 33,000 pounds GVWR. (2) Divide spark-ignition engines into primary intended service classes as follows: (i) Spark-ignition engines that are best characterized by paragraph (1)(i) or (ii) of this definition are in a separate ``spark-ignition'' primary intended service class. (ii) Spark-ignition engines that are best characterized by paragraph (1)(iii) of this definition share a primary intended service class with compression-ignition heavy heavy-duty engines. Gasoline-fueled engines are presumed not to be characterized by paragraph (1)(iii) of this definition; for example, vehicle manufacturers may install some number of gasoline-fueled engines in Class 8 trucks without causing the engine manufacturer to consider those to be heavy heavy-duty engines. (iii) References to ``spark-ignition standards'' in this part relate only to the spark-ignition engines identified in paragraph (b)(1) of this section. References to ``compression-ignition standards'' in this part relate to compression-ignition engines, to spark-ignition engines optionally certified to standards that apply to compression-ignition engines, and to all engines identified under paragraph (b)(2) of this section as heavy heavy-duty engines. Rechargeable Energy Storage System (RESS) means the component(s) of a hybrid engine or vehicle that store recovered energy for later use, such as the battery system in a electric hybrid vehicle. Refuse hauler has the meaning given in 40 CFR 1037.801. Regional has the meaning relating to the Regional duty cycle as specified in 40 CFR 1037.510. Regulatory category means each of the four types of heavy-duty vehicles defined in 49 CFR 523.6 and the heavy-duty engines used in these heavy-duty vehicles. Regulatory subcategory means the sub-groups in each regulatory category to which mandatory fuel consumption standards and requirements apply as specified in 40 CFR 1036.230 and 1037.230 and are defined as follows: (1) Heavy-duty pick-up trucks and vans. (2) Vocational vehicle subcategories have 18 separate vehicle service classes as shown in Tables 1 and 2 below and include vocational tractors. Table 1 includes vehicles complying with Phase 1 standards. Phase 2 vehicles are included in Table 2 which have separate subcategories to account for engine [[Page 129]] characteristics, GVWR, and the selection of duty cycle for vocational vehicles as specified in 40 CFR 1037.510; vehicles may additionally fall into one of the subcategories defined by the custom-chassis standards in Sec. 535.5(b)(6) and 40 1037.105(h). Manufacturers using the alternate standards in Sec. 535.5(b)(6) and 40 CFR 1037.105(h) should treat each vehicle type as a separate vehicle subcategory. Table 1--Phase 1 Vocational Vehicle Subcategories ------------------------------------------------------------------------ ------------------------------------------------------------------------- Vocational LHD vehicles. Vocational MHD vehicles. Vocational HHD vehicles. ------------------------------------------------------------------------ Table 2--Phase 2 Vocational Vehicle Subcategories ---------------------------------------------------------------------------------------------------------------- Engine type Vocational LHD vehicles Vocational MHD vehicles Vocational HHD vehicles ---------------------------------------------------------------------------------------------------------------- CI................................... Urban.................. Urban.................. Urban. CI................................... Multi-Purpose.......... Multi-Purpose.......... Multi-Purpose. CI................................... Regional............... Regional............... Regional. SI................................... Urban.................. Urban.................. NA. SI................................... Multi-Purpose.......... Multi-Purpose.......... NA. SI................................... Regional............... Regional............... NA. ---------------------------------------------------------------------------------------------------------------- (3) Tractor subcategories are shown in Table 3 below for Phase 1 and 2. Table 3 includes 10 separate subcategories for tractors complying with Phase 1 and 2 standards. The heavy-haul tractor subcategory only applies for Phase 2. Table 3--Phase 1 and 2 Truck Tractor Subcategories ------------------------------------------------------------------------ Class 8 sleeper Class 7 Class 8 day cabs cabs ------------------------------------------------------------------------ Low-roof tractors............... Low-roof day cab Low-roof sleeper tractors. cab tractors. Mid-roof tractors............... Mid-roof day cab Mid-roof sleeper tractors. cab tractors. High-roof tractors.............. High-roof day cab High-roof sleeper tractors. cab tractors. --------------------------------------- NA.............................. Heavy-haul tractors (applies only to Phase 2 program). ------------------------------------------------------------------------ (4) Trailer subcategories are shown in Table 4 of this section for the Phase 2 program. Trailers do not comply under the Phase 1 program. Table 4 includes 10 separate subcategories for trailers, which are only subject to Phase 2 only standards. Table 4--Trailer Subcategories ------------------------------------------------------------------------ Partial-aero Full-aero trailers trailers Other trailers ------------------------------------------------------------------------ Long box dry vans............... Long box dry vans. Non-aero box vans. Short box dry vans.............. Short box dry vans Non-box trailers. Long box refrigerated vans...... Long box NA. refrigerated vans. Short box refrigerated vans..... Short box NA. refrigerated vans. ------------------------------------------------------------------------ (5) Engine subcategories are shown for each primary intended service class in Table 5 below. Table 5 includes 6 separate subcategories for engines which are the same for Phase 1 and 2 standards. Table 5--Engine Subcategories ------------------------------------------------------------------------ LHD engines MHD engines HHD engines ------------------------------------------------------------------------ CI engines for vocational CI engines for CI engines for vehicles. vocational vocational vehicles. vehicles. NA.............................. CI engines for CI engines for truck tractors. truck tractors. All spark-ignition engines...... NA. ------------------------------------------------------------------------ [[Page 130]] Revoke has the same meaning given in 40 CFR 1068.30. Roof height means the maximum height of a vehicle (rounded to the nearest inch), excluding narrow accessories such as exhaust pipes and antennas, but including any wide accessories such as roof fairings. Measure roof height of the vehicle configured to have its maximum height that will occur during actual use, with properly inflated tires and no driver, passengers, or cargo onboard. Determine the base roof height on fully inflated tires having a static loaded radius equal to the arithmetic mean of the largest and smallest static loaded radius of tires a manufacturer offers or a standard tire EPA approves. If a vehicle is equipped with an adjustable roof fairing, measure the roof height with the fairing in its lowest setting. Once the maximum height is determined, roof heights are divided into the following categories: (1) Low-roof means a vehicle with a roof height of 120 inches or less. (2) Mid-roof means a vehicle with a roof height between 121 and 147 inches. (3) High-roof means a vehicle with a roof height of 148 inches or more. Secondary vehicle manufacturer has the same meaning as final-stage manufacturer in 49 CFR part 567. Service class group means a group of engine and vehicle averaging sets defined as follows: (1) Spark-ignition engines, light heavy-duty compression-ignition engines, light heavy-duty vocational vehicles and heavy-duty pickup trucks and vans. (2) Medium heavy-duty compression-ignition engines and medium heavy- duty vocational vehicles and tractors. (3) Heavy heavy-duty compression-ignition engines and heavy heavy- duty vocational vehicles and tractors. Sleeper cab means a type of truck cab that has a compartment behind the driver's seat intended to be used by the driver for sleeping. This includes both cabs accessible from the driver's compartment and those accessible from outside the vehicle. Small business manufacturer means a manufacturer meeting the criteria specified in 13 CFR 121.201. For manufacturers owned by a parent company, the employee and revenue limits apply to the total number employees and total revenue of the parent company and all its subsidiaries. Spark-ignition (SI) means relating to a gasoline-fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark-ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Note that some spark-ignition engines are subject to requirements that apply for compression-ignition engines as described in 40 CFR 1036.140. Standard payload means the payload assumed for each vehicle, in tons, for modeling and calculating emission credits, as follows: (1) For vocational vehicles: (i) 2.85 tons for light heavy-duty vehicles. (ii) 5.6 tons for medium heavy-duty vehicles. (iii) 7.5 tons for heavy heavy-duty vocational vehicles. (2) For tractors: (i) 12.5 tons for Class 7. (ii) 19 tons for Class 8. (iii) 43 tons for heavy-haul tractors. (3) For trailers: (i) 10 tons for short box vans. (ii) 19 tons for other trailers. Standard tractor has the meaning given in 40 CFR 1037.501. Standard trailer has the meaning given in 40 CFR 1037.501. Subconfiguration means a unique combination within a vehicle configuration of equivalent test weight, road-load horsepower, and any other operational characteristics or parameters that EPA determines may significantly affect CO2 emissions within a vehicle configuration as defined in 40 CFR 600.002. Tank trailer has the meaning given in 40 CFR 1037.801. Test group means the multiple vehicle lines and model types that share critical emissions and fuel consumption related features and that are certified as a group by a common certificate of conformity issued by EPA and is used collectively with other test groups within an averaging set or regulatory subcategory and is used by NHTSA for [[Page 131]] determining the fleet average fuel consumption. The agencies means the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) in this part. Tire pressure monitoring system (TPMS) has the meaning given in section S3 of 49 CFR 571.138. Tire rolling resistance level (TRRL) means a value with units of kg/ metric ton that represents that rolling resistance of a tire configuration. TRRLs are used as inputs to the GEM model under 40 CFR 1037.520. Note that a manufacturer may assign a value higher than a measured rolling resistance of a tire configuration. Towing capacity in this part is equal to the resultant of subtracting the gross vehicle weight rating from the gross combined weight rating. Trade means to exchange fuel consumption credits, either as a buyer or a seller. U.S.-directed production volume means the number of vehicle units, subject to the requirements of this part, produced by a manufacturer for which the manufacturer has a reasonable assurance that sale was or will be made to ultimate purchasers in the United States. Useful life has the meaning given in 40 CFR 1036.801 and 1037.801. Vehicle configuration means a unique combination of vehicle hardware and calibration (related to measured or modeled emissions) within a vehicle family as specified in 40 CFR 1037.801. Vehicles with hardware or software differences, but that have no hardware or software differences related to measured or modeled emissions or fuel consumption can be included in the same vehicle configuration. Note that vehicles with hardware or software differences related to measured or modeled emissions or fuel consumption are considered to be different configurations even if they have the same GEM inputs and FEL. Vehicles within a vehicle configuration differ only with respect to normal production variability or factors unrelated to measured or modeled emissions and fuel consumption for EPA and NHTSA. Vehicle family has the meaning given in 40 CFR 1037.230. Manufacturers designate families in accordance with EPA provisions and may not choose different families between the NHTSA and EPA programs. If a manufacturer is certifying vehicles within a vehicle family to more than one FEL, it must subdivide its greenhouse gas and fuel consumption vehicle families into subfamilies that include vehicles with identical FELs. Note that a manufacturer may add subfamilies at any time during the model year. Vehicle service class has the same meaning for vehicles as specified in 40 CFR 1037.140. Fuel consumption standards and other provisions of this part apply to specific vehicle service classes for tractors and vocational vehicles as follows: (1) Phase 1 and Phase 2 tractors are divided based on GVWR into Class 7 tractors and Class 8 tractors. Where provisions apply to both tractors and vocational vehicles, Class 7 tractors are considered medium heavy-duty ``MHD'' vehicles and Class 8 tractors are considered heavy heavy-duty ``HHD'' vehicles. (2) Phase 1 vocational vehicles are divided based on GVWR. Light heavy-duty ``LHD'' vehicles includes Class 2b through Class 5 vehicles; medium heavy-duty ``MHD'' vehicles includes Class 6 and Class 7 vehicles; and heavy heavy-duty ``HHD'' vehicles includes Class 8 vehicles. (3) Phase 2 vocational vehicles with spark-ignition engines are divided based on GVWR. Light heavy-duty ``LHD'' vehicles includes Class 2b through Class 5 vehicles, and medium heavy-duty ``MHD'' vehicles includes Class 6 through Class 8 vehicles. (4) Phase 2 vocational vehicles with compression-ignition engines are divided as follows: (i) Class 2b through Class 5 vehicles are considered light heavy- duty ``LHD'' vehicles. (ii) Class 6 through 8 vehicles are considered heavy heavy-duty ``HHD'' vehicles if the installed engine's primary intended service class is heavy heavy-duty (see 40 CFR 1036.140). All other Class 6 through Class 8 vehicles are considered medium heavy-duty ``MHD'' vehicles. (5) In certain circumstances, manufacturers may certify vehicles to standards that apply for a different vehicle [[Page 132]] service class such as allowed in Sec. 535.5(b)(6) and (c)(7). If manufacturers optionally certify vehicles to different standards, those vehicles are subject to all the regulatory requirements as if the standards were mandatory. Vehicle subfamily or subfamily means a subset of a vehicle family including vehicles subject to the same FEL(s). Vocational tractor has the meaning given in 40 CFR 1037.801. Zero emissions vehicle means an electric vehicle or a fuel cell vehicle. Sec. 535.5 Standards. (a) Heavy-duty pickup trucks and vans. Each manufacturer's fleet of heavy-duty pickup trucks and vans shall comply with the fuel consumption standards in this paragraph (a) expressed in gallons per 100 miles. Each vehicle must be manufactured to comply for its full useful life. For the Phase 1 program, if the manufacturer's fleet includes conventional vehicles (gasoline, diesel and alternative fueled vehicles) and advanced technology vehicles (hybrids with powertrain designs that include energy storage systems, vehicles with waste heat recovery, electric vehicles and fuel cell vehicles), it may divide its fleet into two separate fleets each with its own separate fleet average fuel consumption standard which the manufacturer must comply with the requirements of this paragraph (a). For Phase 2, manufacturers may calculate their fleet average fuel consumption standard for a conventional fleet and multiple advanced technology vehicle fleets. Advanced technology vehicle fleets should be separated into plug-in hybrid electric vehicles, electric vehicles and fuel cell vehicles. NHTSA standards correspond to the same requirements for EPA as specified in 40 CFR 86.1819-14. (1) Mandatory standards. For model years 2016 and later, each manufacturer must comply with the fleet average standard derived from the unique subconfiguration target standards (or groups of subconfigurations approved by EPA in accordance with 40 CFR 86.1819) of the model types that make up the manufacturer's fleet in a given model year. Each subconfiguration has a unique attribute-based target standard, defined by each group of vehicles having the same payload, towing capacity and whether the vehicles are equipped with a 2-wheel or 4-wheel drive configuration. Phase 1 target standards apply for model years 2016 through 2020. Phase 2 target standards apply for model year 2021 and afterwards. (2) Subconfiguration target standards. (i) Two alternatives exist for determining the subconfiguration target standards for Phase 1. For each alternative, separate standards exist for compression-ignition and spark-ignition vehicles: (A) The first alternative allows manufacturers to determine a fixed fuel consumption standard that is constant over the model years; and (B) The second alternative allows manufacturers to determine standards that are phased-in gradually each year. (ii) Calculate the subconfiguration target standards as specified in this paragraph (a)(2)(ii), using the appropriate coefficients from Table 6 choosing between the alternatives in paragraph (a)(2)(i) of this section. For electric or fuel cell heavy-duty vehicles, use compression- ignition vehicle coefficients ``c'' and ``d'' and for hybrid (including plug-in hybrid), dedicated and dual-fueled vehicles, use coefficients ``c'' and ``d'' appropriate for the engine type used. Round each standard to the nearest 0.001 gallons per 100 miles and specify all weights in pounds rounded to the nearest pound. Calculate the subconfiguration target standards using the following equation: Subconfiguration Target Standard (gallons per 100 miles) = [c x (WF)] + d Where: WF = Work Factor = [0.75 x (Payload Capacity + Xwd)] + [0.25 x Towing Capacity] Xwd = 4wd Adjustment = 500 lbs if the vehicle group is equipped with 4wd and all-wheel drive, otherwise equals 0 lbs for 2wd. Payload Capacity = GVWR (lbs)--Curb Weight (lbs) (for each vehicle group) Towing Capacity = GCWR (lbs)--GVWR (lbs) (for each vehicle group) [[Page 133]] Table 6--Coefficients for Mandatory Subconfiguration Target Standards ------------------------------------------------------------------------ Model Year(s) c d ------------------------------------------------------------------------ Phase 1 Alternative 1--Fixed Target Standards ------------------------------------------------------------------------ CI Vehicle Coefficients ------------------------------------------------------------------------ 2016 to 2018............................ 0.0004322 3.330 2019 to 2020............................ 0.0004086 3.143 ------------------------------------------------------------------------ SI Vehicle Coefficients ------------------------------------------------------------------------ 2016 to 2017............................ 0.0005131 3.961 2018 to 2020............................ 0.0004086 3.143 ------------------------------------------------------------------------ Phase 1 Alternative 2--Phased-in Target Standards ------------------------------------------------------------------------ CI Vehicle Coefficients ------------------------------------------------------------------------ 2016.................................... 0.0004519 3.477 2017.................................... 0.0004371 3.369 2018 to 2020............................ 0.0004086 3.143 ------------------------------------------------------------------------ SI Vehicle Coefficients ------------------------------------------------------------------------ 2016.................................... 0.0005277 4.073 2017.................................... 0.0005176 3.983 2018 to 2020............................ 0.0004951 3.815 ------------------------------------------------------------------------ Phase 2--Fixed Target Standards ------------------------------------------------------------------------ CI Vehicle Coefficients ------------------------------------------------------------------------ 2021.................................... 0.0003988 3.065 2022.................................... 0.0003880 2.986 2023.................................... 0.0003792 2.917 2024.................................... 0.0003694 2.839 2025.................................... 0.0003605 2.770 2026.................................... 0.0003507 2.701 2027 and later.......................... 0.0003418 2.633 ------------------------------------------------------------------------ SI Vehicle Coefficients ------------------------------------------------------------------------ 2021.................................... 0.0004827 3.725 2022.................................... 0.0004703 3.623 2023.................................... 0.0004591 3.533 2024.................................... 0.0004478 3.443 2025.................................... 0.0004366 3.364 2026.................................... 0.0004253 3.274 2027 and later.......................... 0.0004152 3.196 ------------------------------------------------------------------------ (3) Fleet average fuel consumption standard. (i) For the Phase 1 program, calculate each manufacturer's fleet average fuel consumption standard for a conventional fleet and a combined advanced technology fleet separately based on the subconfiguration target standards specified in paragraph (a)(2) of this section, weighted to production volumes and averaged using the following equation combining all the applicable vehicles in a manufacturer's U.S.-directed fleet (compression-ignition, spark-ignition and advanced technology vehicles) for a given model year, rounded to the nearest 0.001 gallons per 100 miles: [GRAPHIC] [TIFF OMITTED] TR25OC16.306 Where: Subconfiguration Target Standardi = fuel consumption standard for each group of vehicles with same payload, towing capacity and drive configuration (gallons per 100 miles). Volumei = production volume of each unique subconfiguration of a model type based upon payload, towing capacity and drive configuration. (A) A manufacturer may group together subconfigurations that have the same test weight (ETW), GVWR, and GCWR. Calculate work factor and target value assuming a curb weight equal to two times ETW minus GVWR. (B) A manufacturer may group together other subconfigurations if it uses the lowest target value calculated for any of the subconfigurations. (ii) For Phase 1, manufacturers must select an alternative for subconfiguration target standards at the same time they submit the model year 2016 pre-model year Report, specified in Sec. 535.8. Once selected, the decision cannot be reversed and the manufacturer must continue to comply with the same alternative for subsequent model years. (4) Voluntary standards. (i) Manufacturers may choose voluntarily to comply early with fuel consumption standards for model years 2013 through 2015, as determined in paragraphs (a)(4)(iii) and (iv) of this section, for example, in order to begin accumulating credits [[Page 134]] through over-compliance with the applicable standard. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufactures in each regulatory category for a given model year. (ii) A manufacturer must declare its intent to voluntarily comply with fuel consumption standards at the same time it submits a Pre-Model Report, prior to the compliance model year beginning as specified in Sec. 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufactures in each regulatory category for a given model year. (iii) Calculate separate subconfiguration target standards for compression-ignition and spark-ignition vehicles for model years 2013 through 2015 using the equation in paragraph (a)(2)(ii) of this section, substituting the appropriate values for the coefficients in the following table as appropriate: Table 7--Coefficients for Voluntary Subconfiguration Target Standards ------------------------------------------------------------------------ Model Year(s) c d ------------------------------------------------------------------------ CI Vehicle Coefficients ------------------------------------------------------------------------ 2013 and 14......................... 0.0004695 3.615 2015................................ 0.0004656 3.595 ------------------------------------------------------------------------ SI Vehicle Coefficients ------------------------------------------------------------------------ 2013 and 14......................... 0.0005424 4.175 2015................................ 0.0005390 4.152 ------------------------------------------------------------------------ (iv) Calculate the fleet average fuel consumption standards for model years 2013 through 2015 using the equation in paragraph (a)(3) of this section. (5) Exclusion of vehicles not certified as complete vehicles. The vehicle standards in paragraph (a) of this section do not apply for vehicles that are chassis-certified with respect to EPA's criteria pollutant test procedure in 40 CFR part 86, subpart S. Any chassis- certified vehicles must comply with the vehicle standards and requirements of paragraph (b) of this section and the engine standards of paragraph (d) of this section for engines used in these vehicles. A vehicle manufacturer choosing to comply with this paragraph and that is not the engine manufacturer is required to notify the engine manufacturers that their engines are subject to paragraph (d) of this section and that it intends to use their engines in excluded vehicles. (6) Optional certification under this section. Manufacturers may certify certain complete or cab-complete vehicles to the fuel consumption standards of this section. All vehicles optionally certified under this paragraph (6) are deemed to be subject to the fuel consumption standards of this section given the following conditions: (i) For fuel consumption compliance, manufacturers may certify any complete or cab-complete spark-ignition vehicles above 14,000 pounds GVWR and at or below 26,000 pounds GVWR to the fuel consumption standards of this section. (ii) Manufacturers may apply the provisions of this section to cab- complete vehicles based on a complete sister vehicle. In unusual circumstances, manufacturers may ask the agencies to apply these provisions to Class 2b or Class 3 incomplete vehicles that do not meet the definition of cab-complete. (A) Except as specified in paragraph (a)(6)(iii) of this section, for purposes of this section, a complete sister vehicle is a complete vehicle of the same vehicle configuration as the cab-complete vehicle. A manufacturer may not apply the provisions of this paragraph (6) to any vehicle configuration that has a four-wheel rear axle if the complete sister vehicle has a two-wheel rear axle. (B) Calculate the target value for the fleet-average fuel consumption standard under paragraph (a)(3) of this section based on the work factor value that applies for the complete sister vehicle. (C) Test these cab-complete vehicles using the same equivalent test weight and other dynamometer settings that apply for the complete vehicle from which you used the work factor value (the complete sister vehicle). For fuel consumption certification, manufacturers may submit the test data from that complete sister vehicle instead of performing the test on the cab-complete vehicle. (D) Manufacturers are not required to produce the complete sister vehicle for sale to use the provisions of this [[Page 135]] paragraph (a)(6)(ii). This means the complete sister vehicle may be a carryover vehicle from a prior model year or a vehicle created solely for the purpose of testing. (iii) For fuel consumption purposes, if a cab-complete vehicle is not of the same vehicle configuration as a complete sister vehicle due only to certain factors unrelated to coastdown performance, manufacturers may use the road-load coefficients from the complete sister vehicle for certification testing of the cab-complete vehicle, but it may not use fuel consumption data from the complete sister vehicle for certifying the cab-complete vehicle. (7) Loose engines. For model year 2023 and earlier spark-ignition engines with identical hardware compared with engines used in vehicles certified to the standards of this section, where such engines are sold as loose engines or as engines installed in incomplete vehicles that are not cab-complete vehicles. Manufacturers may certify such engines to the standards of this section, subject to the following provisions: (i) For 2020 and earlier model years, the maximum allowable U.S.- directed production volume of engines manufacturers may sell under this paragraph (7) in any given model year is ten percent of the total U.S- directed production volume of engines of that design that the manufacturer produces for heavy-duty applications for that model year, including engines it produces for complete vehicles, cab-complete vehicles, and other incomplete vehicles. The total number of engines a manufacturer may certify under this paragraph (7), of all engine designs, may not exceed 15,000 in any model year. Engines produced in excess of either of these limits are not covered by your certificate. For example, a manufacturer produces 80,000 complete model year 2017 Class 2b pickup trucks with a certain engine and 10,000 incomplete model year 2017 Class 3 vehicles with that same engine, and the manufacturer did not apply the provisions of this paragraph (a)(7) to any other engine designs, it may produce up to 10,000 engines of that design for sale as loose engines under this paragraph (a)(7). If a manufacturer produced 11,000 engines of that design for sale as loose engines, the last 1,000 of them that it produced in that model year 2017 would be considered uncertified. (ii) For model years 2021 through 2023, the U.S.-directed production volume of engines manufacturers sell under this paragraph (a)(7) in any given model year may not exceed 10,000 units. This paragraph (a)(7) does not apply for engines certified to the standards of paragraph (d) of this section and 40 CFR 1036.108. (iii) Vehicles using engines certified under this paragraph (a)(7) are subject to the fuel consumption and emission standards of paragraph (b) of this section and 40 CFR 1037.105 and engine standards in 40 CFR 1036.150(j). (iv) For certification purposes, engines are deemed to have a fuel consumption target values and test result equal to the fuel consumption target value and test result for the complete vehicle in the applicable test group with the highest equivalent test weight, except as specified in paragraph (a)(7)(iv)(B) of this section. Manufacturers use these values to calculate target values and the fleet-average fuel consumption rate. Where there are multiple complete vehicles with the same highest equivalent test weight, select the fuel consumption target value and test result as follows: (A) If one or more of the fuel consumption test results exceed the applicable target value, use the fuel consumption target value and test result of the vehicle that exceeds its target value by the greatest amount. (B) If none of the fuel consumption test results exceed the applicable target value, select the highest target value and set the test result equal to it. This means that the manufacturer may not generate fuel consumption credits from vehicles certified under this paragraph (a)(7). (8) Alternative fuel vehicle conversions. Alternative fuel vehicle conversions may demonstrate compliance with the standards of this part or other alternative compliance approaches allowed by EPA in 40 CFR 85.525. (9) Advanced, innovative and off-cycle technologies. For vehicles subject to Phase 1 standards, manufacturers may generate separate credit allowances for [[Page 136]] advanced and innovative technologies as specified in Sec. 535.7(f)(1) and (2). For vehicles subject to Phase 2 standards, manufacturers may generate separate credits allowance for off-cycle technologies in accordance with Sec. 535.7(f)(2). Separate credit allowances for advanced technology vehicles cannot be generated; instead manufacturers may use the credit multipliers specified in Sec. 535.7(f)(1)(iv) through model year 2026. (10) Useful life. The following useful life values apply for the standards of this section: (i) 120,000 miles or 10 years, whichever comes first, for Class 2b through Class 3 heavy-duty pickup trucks and vans certified to Phase 1 standards. (ii) 150,000 miles or 15 years, whichever comes first, for Class 2b through Class 3 heavy-duty pickup trucks and vans certified to Phase 2 standards. (iii) For Phase 1 credits that you calculate based on a useful life of 120,000 miles, multiply any banked credits that you carry forward for use into the Phase 2 program by 1.25. For Phase 1 credit deficits that you generate based on a useful life of 120,000 miles multiply the credit deficit by 1.25 if offsetting the shortfall with Phase 2 credits. (11) Compliance with standards. A manufacturer complies with the standards of this part as described in Sec. 535.10. (b) Heavy-duty vocational vehicles. Each manufacturer building complete or incomplete heavy-duty vocational vehicles shall comply with the fuel consumption standards in this paragraph (b) expressed in gallons per 1000 ton-miles. Engines used in heavy-duty vocational vehicles shall comply with the standards in paragraph (d) of this section. Each vehicle must be manufactured to comply for its full useful life. Standards apply to the vehicle subfamilies based upon the vehicle service classes within each of the vocational vehicle regulatory subcategories in accordance with Sec. 535.4 and based upon the applicable modeling and testing specified in Sec. 535.6. Determine the duty cycles that apply to vocational vehicles according to 40 CFR 1037.140 and 1037.150(z). (1) Mandatory standards. Heavy-duty vocational vehicle subfamilies produced for Phase 1 must comply with the fuel consumption standards in paragraph (b)(3) of this section. For Phase 2, each vehicle manufacturer of heavy-duty vocational vehicle subfamilies must comply with the fuel consumption standards in paragraph (b)(4) of this section. (i) For model years 2016 to 2020, the heavy-duty vocational vehicle category is subdivided by GVWR into three regulatory subcategories as defined in Sec. 535.4, each with its own assigned standard. (ii) For model years 2021 and later, the heavy-duty vocational vehicle category is subdivided into 15 regulatory subcategories depending upon whether vehicles are equipped with a compression or spark-ignition engine, as defined in Sec. 535.4. Standards also differ based upon vehicle service class and intended vehicle duty cycles. See 40 CFR 1037.140 and 1037.150(z). (iii) For purposes of certifying vehicles to fuel consumption standards, manufacturers must divide their product lines in each regulatory subcategory into vehicle families that have similar emissions and fuel consumption features, as specified by EPA in 40 CFR 1037.230. These families will be subject to the applicable standards. Each vehicle family is limited to a single model year. (A) Vocational vehicles including custom chassis vehicles must use qualified automatic tire inflation systems or tire pressure monitoring systems for wheels on all axles. (B) Tire pressure monitoring systems must use low pressure warning and malfunction telltales in clear view of the driver as specified in S4.3 and S4.4 of 49 CFR 571.138. (2) Voluntary compliance. (i) For model years 2013 through 2015, a manufacturer may choose voluntarily to comply early with the fuel consumption standards provided in paragraph (b)(3) of this section. For example, a manufacturer may choose to comply early in order to begin accumulating credits through over-compliance with the applicable standards. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufacturers in each regulatory category for a given model year. (ii) A manufacturer must declare its intent to voluntarily comply with fuel [[Page 137]] consumption standards and identify its plans to comply before it submits its first application for a certificate of conformity for the respective model year as specified in Sec. 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufacturers in each regulatory category for a given model year. (3) Regulatory subcategory standards for model years 2013 to 2020. The mandatory and voluntary fuel consumption standards for heavy-duty vocational vehicles are given in the following table: Table 8--Phase 1 Vocational Vehicle Fuel Consumption Standards [Gallons per 1000 ton-miles] ---------------------------------------------------------------------------------------------------------------- Vocational LHD Vocational MHD Vocational HHD Regulatory subcategories vehicles vehicles vehicles ---------------------------------------------------------------------------------------------------------------- Model Years 2013 to 2016 Voluntary Standards ---------------------------------------------------------------------------------------------------------------- Standard........................................................ 38.1139 22.9862 22.2004 ---------------------------------------------------------------------------------------------------------------- Model Years 2017 to 2020 Mandatory Standards ---------------------------------------------------------------------------------------------------------------- Standard........................................................ 36.6405 22.1022 21.8075 ---------------------------------------------------------------------------------------------------------------- (4) Regulatory subcategory standards for model years 2021 and later. The mandatory fuel consumption standards for heavy-duty vocational vehicles are given in the following table: Table 9--Phase 2 Vocational Vehicle Fuel Consumption Standards [Gallons per 1,000 ton-miles] ---------------------------------------------------------------------------------------------------------------- LHD Vocational MHD Vocational Vocational HHD Duty cycle vehicles vehicles vehicles ---------------------------------------------------------------------------------------------------------------- Model Years 2021 to 2023 Standards for CI Vehicles ---------------------------------------------------------------------------------------------------------------- Urban........................................................... 41.6503 29.0766 30.2554 Multi-Purpose................................................... 36.6405 26.0314 25.6385 Regional........................................................ 30.5501 22.9862 20.2358 ---------------------------------------------------------------------------------------------------------------- Model Years 2021 to 2023 Standards for SI Vehicles ---------------------------------------------------------------------------------------------------------------- Urban........................................................... 51.8735 36.9078 NA Multi-Purpose................................................... 45.7972 32.9695 NA Regional........................................................ 37.6955 29.3687 NA ---------------------------------------------------------------------------------------------------------------- Model Years 2024 to 2026 Standards for CI Vehicles ---------------------------------------------------------------------------------------------------------------- Urban........................................................... 37.8193 26.6208 27.7996 Multi-Purpose................................................... 33.7917 24.1650 23.7721 Regional........................................................ 29.0766 21.7092 19.0570 ---------------------------------------------------------------------------------------------------------------- Model Years 2024 to 2026 Standards for SI Vehicles ---------------------------------------------------------------------------------------------------------------- Urban........................................................... 48.6103 34.8824 NA Multi-Purpose................................................... 43.3217 31.3942 NA Regional........................................................ 36.4577 28.2435 NA ---------------------------------------------------------------------------------------------------------------- Model Years 2027 and later Standards for CI Vehicles ---------------------------------------------------------------------------------------------------------------- Urban........................................................... 36.0511 25.3438 26.4244 Multi-Purpose................................................... 32.4165 23.0845 22.5933 Regional........................................................ 28.5855 21.4145 18.5658 ---------------------------------------------------------------------------------------------------------------- Model Years 2027 and later Standards for SI Vehicles ---------------------------------------------------------------------------------------------------------------- Urban........................................................... 46.4724 33.4196 NA Multi-Purpose................................................... 41.8589 30.1564 NA Regional........................................................ 35.8951 27.7934 NA ---------------------------------------------------------------------------------------------------------------- [[Page 138]] (5) Subfamily standards. Manufacturers may specify a family emission limit (FEL) in terms of fuel consumption for each vehicle subfamily. The FEL may not be less than the result of fuel consumption modeling from 40 CFR 1037.520. The FELs is the fuel consumption standards for the vehicle subfamily instead of the standards specified in paragraph (b)(3) and (4) of this section and can be used for calculating fuel consumption credits in accordance with Sec. 535.7. (6) Alternate standards for custom chassis vehicles for model years 2021 and later. Manufacturers may elect to certify certain vocational vehicles to the alternate standards for custom chassis vehicles specified in this paragraph (b)(6) instead of the standards specified in paragraph (b)(4) of this section. Note that, although these standards were established for custom chassis vehicles, manufacturers may apply these provisions to any qualifying vehicle even though these standards were established for custom chassis vehicles. For example, large diversified vehicle manufacturers may certify vehicles to the refuse hauler standards of this section as long as the manufacturer ensures that those vehicles qualify as refuse haulers when placed into service. GEM simulates vehicle operation for each type of vehicle based on an assigned vehicle service class, independent of the vehicle's actual characteristics, as shown in Table 10 of this section; however, standards apply for the vehicle's useful life based on its actual characteristics as specified in paragraph (b)(10) of this section. Vehicles certified to these alternative standards must use engines certified to requirements under paragraph (d) of this section and 40 CFR part 1036 for the appropriate model year, except that motor homes and emergency vehicles may use engines certified with the loose-engine provisions of paragraph (a)(7) of this section and 40 CFR 1037.150(m). This also applies for vehicles meeting standards under paragraphs (b)(6)(iv) through (vi) of this section. The fuel consumption standards for custom chassis vehicles are given in the following table: Table 10--Phase 2 Custom Chassis Fuel Consumption Standards [Gallon per 1,000 ton-mile] ---------------------------------------------------------------------------------------------------------------- Vehicle type \1\ Assigned vehicle service class MY 2021 MY 2027 ---------------------------------------------------------------------------------------------------------------- Coach Bus..................................... HHD Vehicle..................... 20.6287 20.1375 Motor Home.................................... MDH Vehicle..................... 22.3969 22.2004 School Bus.................................... MHD Vehicle..................... 28.5855 26.6208 Other bus..................................... HHD Vehicle..................... 29.4695 28.0943 Refuse hauler................................. HHD Vehicle..................... 30.7466 29.2731 Concrete mixer................................ HHD Vehicle..................... 31.3360 31.0413 Mixed-use vehicle............................. HHD Vehicle..................... 31.3360 31.0413 Emergency Vehicle............................. HHD Vehicle..................... 31.8271 31.3360 ---------------------------------------------------------------------------------------------------------------- \1\ Vehicle types are generally defined in Sec. 535.3. ``Other bus'' includes any bus that is not a school bus or a coach bus. A ``mixed-use vehicle'' is one that meets at least one of the criteria specified in 40 CFR 1037.631(a)(1) or at least one of the criteria in 40 CFR 1037.631(a)(2), but not both. (i) Manufacturers may generate or use fuel consumption credits for averaging to demonstrate compliance with the alternative standards as described in Sec. 535.7(c). This requires that manufacturers specify a Family Emission Limit (FEL) for fuel consumption for each vehicle subfamily. The FEL may not be less than the result of emission modeling as described in this paragraph (b). These FELs serve as the fuel consumption standards for the vehicle subfamily instead of the standards specified in this paragraph (b)(6). Manufacturers may only use fuel consumption credits for vehicles certified to the optional standards in this paragraph (b)(6) as specified in Sec. 535.7(c)(6) through (8) and you may not bank or trade fuel consumption credits from any vehicles certified under this paragraph (b)(6). (ii) For purposes of this paragraph (b)(6), each separate vehicle type identified in Table 10 of this section is in a separate averaging set. (iii) For purposes of emission and fuel consumption modeling under 40 CFR 1037.520, consider motor homes and [[Page 139]] coach buses to be subject to the Regional duty cycle, and consider all other vehicles to be subject to the Urban duty cycle. (iv) Emergency vehicles are deemed to comply with the standards of this paragraph (6) if manufacturers use tires with TRRL at or below 8.4 kg/ton (8.7 g/ton for model years 2021 through 2026). (v) Concrete mixers are deemed to comply with the standards of this paragraph (6) if manufacturers use tires with TRRL at or below 7.1 kg/ ton (7.6 g/ton for model years 2021 through 2026). (vi) Motor homes are deemed to comply with the standards of this paragraph (b)(6) if manufacturers use the following technologies: (A) Tires with TRRL at or below 6.0 kg/ton (6.7 g/ton for model years 2021 through 2026). (B) Automatic tire inflation systems or tire pressure monitoring systems with wheels on all axles. (C) Tire pressure monitoring systems must use low pressure warning and malfunction telltales in clear view of the driver as specified in S4.3 and S4.4 of 49 CFR 571.138. (vii) Small business manufacturers using the alternative standards for custom chassis vehicles under this paragraph (b)(6) may use fuel consumption credits subject to the unique provisions in Sec. 535.7(a)(9). (7) Advanced, innovative and off-cycle technologies. For vocational vehicles subfamilies subject to Phase 1 standards, manufacturers must create separate vehicle subfamilies for vehicles that contain advanced or innovative technologies and group those vehicles together in a vehicle subfamily if they use the same advanced or innovative technologies. Manufacturers may generate s separate credit allowances for advanced and innovative technologies as specified in Sec. 535.7(f)(1) and (2). For vehicles subfamilies subject to Phase 2 standards, manufacturers may generate separate credit allowances for off-cycle technologies in accordance with Sec. 535.7(f)(2). Separate credit allowances for advanced technology vehicles cannot be generated but instead manufacturers may use the credit multipliers specified in Sec. 535.7(f)(1)(iv) through model year 2026. (8) Certifying across service classes. A manufacturer may optionally certify a vocational vehicle subfamilies to the standards and useful life applicable to a heavier vehicle service class (such as MHD vocational vehicles instead of LHD vocational vehicles). Provisions related to generating fuel consumption credits apply as follows: (i) If a manufacturer certifies all its vehicles from a given vehicle service class in a given model year to the standards and useful life that applies for a heavier vehicle service class, it may generate credits as appropriate for the heavier service class. (ii) Class 8 hybrid vehicles with light or medium heavy-duty engines may be certified to compression-ignition standards for the Heavy HDV service class. A manufacturer may generate and use credits as allowed for the Heavy HDV service class. (iii) Except as specified in paragraphs (b)(8)(i) and (ii) of this section, a manufacturer may not generate credits with the vehicle. If you include lighter vehicles in a subfamily of heavier vehicles with an FEL below the standard, exclude the production volume of lighter vehicles from the credit calculation. Conversely, if a manufacturer includes lighter vehicles in a subfamily with an FEL above the standard, it must include the production volume of lighter vehicles in the credit calculation. (9) Off-road exemptions. This section provides an exemption for heavy-duty vocational vehicle subfamilies, including vocational tractors that are intended to be used extensively in off-road environments such as forests, oil fields, and construction sites from the fuel consumption standards in this paragraph (b). Vehicle exempted by this part do not comply with vehicle standards in this paragraph (b), but the engines in these vehicles must meet the engine requirements of paragraph (d) of this section. Note that manufacturers may not include these exempted vehicles in any credit calculations under this part. (i) Qualifying criteria. Vocational vehicles intended for off-road use are exempt without request, subject to the provisions of this section, if they are primarily designed to perform work off-road (such as in oil fields, mining, [[Page 140]] forests, or construction sites), and they meet at least one of the criteria of paragraph (b)(9)(i)(A) of this section and at least one of the criteria of paragraph (b)(9)(i)(B) of this section. See paragraph (b)(6) of this section for alternate standards that apply for vehicles meeting only one of these sets of criteria. (A) The vehicle must have affixed components designed to work inherently in an off-road environment (such as hazardous material equipment or off-road drill equipment) or be designed to operate at low speeds such that it is unsuitable for normal highway operation. (B) The vehicle must meet one of the following criteria: (1) Have an axle that has a gross axle weight rating (GAWR) at or above 29,000 pounds. (2) Have a speed attainable in 2.0 miles of not more than 33 mi/hr. (3) Have a speed attainable in 2.0 miles of not more than 45 mi/hr, an unloaded vehicle weight that is not less than 95 percent of its gross vehicle weight rating, and no capacity to carry occupants other than the driver and operating crew. (4) Have a maximum speed at or below 54 mi/hr. A manufacturer may consider the vehicle to be appropriately speed-limited if engine speed at 54 mi/hr is at or above 95 percent of the engine's maximum test speed in the highest available gear. A manufacturer may alternatively limit vehicle speed by programming the engine or vehicle's electronic control module in a way that is tamper-resistant. (ii) Tractors. The provisions of this section may apply for tractors only if each tractor qualifies as a vocational tractor under paragraph (c)(9) of this section or is granted approval for the exemption as specified in paragraph (b)(9)(iii) of this section. (iii) Preliminary approval before certification. If a manufacturers has unusual circumstances where it may be questionable whether its vehicles qualify for the off-road exemption of this part, the manufacturer may send the agencies information before finishing its application for certification (see 40 CFR 1037.205) for the applicable vehicles and ask for a preliminary informal approval. The agencies will review the request and make an appropriate determination in accordance with 40 CFR 1037.210. The agencies will generally not reverse a decision where they have given a manufacturer preliminary approval, unless the agencies find new information supporting a different decision. However, the agencies will normally not grant relief in cases where the vehicle manufacturer has credits or can otherwise comply with the applicable standards. (iv) Recordkeeping and reporting. (A) A manufacturers must keep records to document that its exempted vehicle configurations meet all applicable requirements of this section. Keep these records for at least eight years after you stop producing the exempted vehicle model. The agencies may review these records at any time. (B) A manufacturers must also keep records of the individual exempted vehicles you produce, including the vehicle identification number and a description of the vehicle configuration. (C) Within 90 days after the end of each model year, manufacturers must send to EPA a report as specified in Sec. 535.8(g)(7) and EPA will make the report available to NHTSA. (v) Compliance. (A) Manufacturers producing vehicles meeting the off-road exemption criteria in paragraph (b)(9)(i) of this section or that are granted a preliminary approval comply with the standards of this part. (B) In situations where a manufacturer would normally ask for a preliminary approval subject to paragraph (b)(9)(iii) of this section but introduces its vehicle into U.S. commerce without seeking approval first from the agencies, those vehicles violate compliance with the fuel consumption standards of this part and the EPA provisions under 40 CFR 1068.101(a)(1). (C) If at any time, the agencies find new information that contradicts a manufacturer's use of the off-road exemption of this part, the manufacturers vehicles will be determined to be non-compliant with the regulations of this part and the manufacturer may be liable for civil penalties. (10) Useful life. The following useful life values apply for the standards of this section: [[Page 141]] (i) 110,000 miles or 10 years, whichever comes first, for vocational LHD vehicles certified to Phase 1 standards. (ii) 150,000 miles or 15 years, whichever comes first, for vocational LHD vehicles certified to Phase 2 standards. (iii) 185,000 miles or 10 years, whichever comes first, for vocational MHD vehicles for Phase 1 and 2. (iv) 435,000 miles or 10 years, whichever comes first, for vocational HHD vehicles for Phase 1 and 2. (v) For Phase 1 credits calculated based on a useful life of 110,000 miles, multiply any banked credits carried forward for use into the Phase 2 program by 1.36. For Phase 1 credit deficits generated based on a useful life of 110,000 miles multiply the credit deficit by 1.36, if offsetting the shortfall with Phase 2 credits. (11) Recreational vehicles. Recreational vehicles manufactured after model year 2020 must comply with the fuel consumption standards of this section. Manufacturers producing these vehicles may also certify to fuel consumption standards from 2014 through model year 2020. Manufacturers may earn credits retroactively for early compliance with fuel consumption standards. Once selected, a manufacturer cannot reverse the decision and the manufacturer must continue to comply for each subsequent model year for all the vehicles it manufacturers in each regulatory subcategory for a given model year. (12) Loose engines. Manufacturers may certify certain spark-ignition engines along with chassis-certified heavy-duty vehicles where there are identical engines used in those vehicles as described in 40 CFR 86.1819(k)(8) and 40 CFR 1037.150(m). Vehicles in which those engines are installed are subject to standards under this part. (13) Compliance with Standards. A manufacturer complies with the standards of this part as described in Sec. 535.10. (c) Truck tractors. Each manufacturer building truck tractors, except vocational tractors or vehicle constructed in accordance with Sec. 571.7(e), with a GVWR above 26,000 pounds shall comply with the fuel consumption standards in this paragraph (c) expressed in gallons per 1000 ton-miles. Engines used in heavy-duty truck tractors vehicles shall comply with the standards in paragraph (d) of this section. Each vehicle must be manufactured to comply for its full useful life. Standards apply to the vehicle subfamilies within each of the tractor vehicle regulatory subcategories in accordance with Sec. 535.4 and 40 CFR 1037.230 and based upon the applicable modeling and testing specified in Sec. 535.6. Determine the vehicles in each regulatory subcategory in accordance with 40 CFR 1037.140. (1) Mandatory standards. For model years 2016 and later, each manufacturer's truck tractor subfamilies must comply with the fuel consumption standards in paragraph (c)(3) of this section. (i) Based on the roof height and the design of the cab, the truck tractor category is divided into subcategories as described in Sec. 535.4. The standards that apply to each regulatory subcategory are shown in paragraphs (c)(2) and (3) of this section, each with its own assigned standard. (ii) For purposes of certifying vehicles to fuel consumption standards, manufacturers must divide their product lines in each regulatory subcategory into vehicles subfamilies that have similar emissions and fuel consumption features, as specified by EPA in 40 CFR 1037.230, and these subfamilies will be subject to the applicable standards. Each vehicle subfamily is limited to a single model year. (iii) Standards for truck tractor engines are given in paragraph (d) of this section. (2) Voluntary compliance. (i) For model years 2013 through 2015, a manufacturer may choose voluntarily to comply early with the fuel consumption standards provided in paragraph (c)(3) of this section. For example, a manufacturer may choose to comply early in order to begin accumulating credits through over-compliance with the applicable standards. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufacturers in each regulatory category for a given model year. (ii) A manufacturer must declare its intent to voluntarily comply with fuel consumption standards and identify its plans to comply before it submits its first application for a certificate of [[Page 142]] conformity for the respective model year as specified in Sec. 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufacturers in each regulatory category for a given model year. (3) Regulatory subcategory standards. The fuel consumption standards for truck tractors, except for vocational tractors, are given in the following table: Table 11--Truck Tractor Fuel Consumption Standards [Gallons per 1,000 ton-miles] ---------------------------------------------------------------------------------------------------------------- Day cab Sleeper cab Regulatory subcategories ------------------------------------------------ Heavy-Haul Class 7 Class 8 Class 8 ---------------------------------------------------------------------------------------------------------------- Phase 1--Model Years 2013 to 2015 Voluntary Standards ---------------------------------------------------------------------------------------------------------------- Low Roof........................................ 10.5108 7.9568 6.6798 Mid Roof........................................ 11.6896 8.6444 7.4656 High Roof....................................... 12.1807 9.0373 7.3674 ---------------------------------------------------------------------------------------------------------------- Phase 1--Model Year 2016 Mandatory Standard ---------------------------------------------------------------------------------------------------------------- Low Roof........................................ 10.5108 7.9568 6.6798 NA Mid Roof........................................ 11.6896 8.6444 7.4656 High Roof....................................... 12.1807 9.0373 7.3674 ---------------------------------------------------------------------------------------------------------------- Phase 1--Model Years 2017 to 2020 Mandatory Standards ---------------------------------------------------------------------------------------------------------------- Low Roof........................................ 10.2161 7.8585 6.4833 NA Mid Roof........................................ 11.2967 8.4479 7.1709 High Roof....................................... 11.7878 8.7426 7.0727 ---------------------------------------------------------------------------------------------------------------- Phase 2--Model Years 2021 to 2023 Mandatory Standards ---------------------------------------------------------------------------------------------------------------- Low Roof........................................ 10.36346 7.90766 7.10216 5.14735 Mid Roof........................................ 11.11984 8.38900 7.66208 High Roof....................................... 11.14931 8.40864 7.43615 ---------------------------------------------------------------------------------------------------------------- Phase 2--Model Years 2024 to 2026 Mandatory Standards ---------------------------------------------------------------------------------------------------------------- Low Roof........................................ 9.80354 7.48527 6.67976 4.93124 Mid Roof........................................ 10.52063 7.94695 7.22004 High Roof....................................... 10.47151 7.89784 6.94499 ---------------------------------------------------------------------------------------------------------------- Phase 2--Model Years 2027 and later Mandatory Standards ---------------------------------------------------------------------------------------------------------------- Low Roof........................................ 9.44990 7.21022 6.29666 4.74460 Mid Roof........................................ 10.15717 7.66208 6.83694 High Roof....................................... 9.82318 7.43615 6.31631 ---------------------------------------------------------------------------------------------------------------- (4) Subfamily standards. Manufacturers may generate or use fuel consumption credits for averaging, banking, and trading as described in Sec. 535.7(c). This requires that manufacturers calculate a credit quantity if they specify a Family Emission Limit (FEL) that is different than the standard specified in this section. The FEL may not be less than the result of emission and fuel consumption modeling from 40 CFR 1037.520. These FELs serve as the emission standards for the specific vehicle subfamily instead of the standards specified in paragraph (2) of this section. (5) Alternate standards for tractors at or above 120,000 pounds GCWR. Manufacturers may certify tractors at or above 120,000 pounds GCWR to the following fuel consumption standards in the following table: [[Page 143]] Table 12--Alternate Fuel Consumption Standards for Tractors Above 120,000 Pounds GCWR for 2021 MY and Later Fuel Consumption [Gallons per 1,000 ton-miles] ---------------------------------------------------------------------------------------------------------------- Low roof sleeper Mid roof sleeper High roof sleeper Low roof day cab Mid roof day cab High roof day cab cab cab cab ---------------------------------------------------------------------------------------------------------------- 3.59528 3.82122 3.84086 3.26130 3.52652 3.43811 ---------------------------------------------------------------------------------------------------------------- (6) Advanced, innovative and off-cycle technologies. For tractors subject to Phase 1 standards, manufacturers must create separate vehicle subfamilies for vehicles that contain advanced or innovative technologies and group those vehicles together in a vehicle subfamilies if they use the same advanced or innovative technologies. Manufacturers may generate separate credit allowances for advanced and innovative technologies as specified in Sec. 535.7(f)(1) and (2). For vehicles subject to Phase 2 standards, manufacturers may generate separate credits allowance for off-cycle technologies in accordance with Sec. 535.7(f)(2). Separate credit allowances for advanced technology vehicles cannot be generated but instead manufacturers may use the credit multipliers specified in Sec. 535.7(f)(1)(iv) through model year 2026. (7) Certifying across service classes. Manufacturers may certify Class 7 tractors to Class 8 tractors standards as follows: (i) A manufacturer may optionally certify 4x2 tractors with heavy heavy-duty engines to the standards and useful life for Class 8 tractors, with no restriction on generating or using fuel consumption credits within the Class 8 averaging set. (ii) A manufacturer may optionally certify a Class 7 tractor to the standards and useful life applicable to Class 8 tractors. Credit provisions apply as follows: (A) If a manufacturer certifies all of its Class 7 tractors to Class 8 standards, it may use these Heavy HDV credits without restriction. (B) This paragraph (c)(7)(ii)(B) applies if a manufacturer certifies some Class 7 tractors to Class 8 standards under this paragraph (c)(7)(ii) but not all of them. If a manufacturer includes Class 7 tractors in a subfamily of Class 8 tractors with an FEL below the standard, exclude the production volume of Class 7 tractors from the credit calculation. Conversely, if a manufacturer includes Class 7 tractors in a subfamily of Class 8 tractors with an FEL above the standard, it must include the production volume of Class 7 tractors in the credit calculation. (8) Expanded families. Manufacturers may combine dissimilar vehicles into a single vehicle subfamilies for applying standards and for testing in special circumstances as follows: (i) For a Phase 1 vehicle model that straddles a roof-height, cab type, or GVWR division, manufacturers can include all the vehicles in the same vehicle family if it certifies the vehicle family to the more stringent standard. For roof height, the manufacturer must certify to the taller roof standard. For cab-type and GVWR, the manufacturers must certify to the numerically lower standard. (ii) For a Phase 2 vehicle model that includes a range of GVWR values that straddle weight classes, manufacturers may include all the vehicles in the same vehicle family if it certifies the vehicle family to the numerically lower fuel consumption standard from the affected service classes. Vehicles that are optionally certified to a more stringent standard under this paragraph are subject to useful-life and all other provisions corresponding to the weight class with the numerically lower fuel consumption standard. For a Phase 2 tractor model that includes a range of roof heights that straddle subcategories, a manufacturer may include all the vehicles in the same vehicle family if it certifies the vehicle family to the appropriate subcategory as follows: (A) A manufacturer may certify mid-roof tractors as high-roof tractors, but it may not certify high-roof tractors as mid-roof tractors. [[Page 144]] (B) For tractor families straddling the low-roof/mid-roof division, a manufacturer may certify the family based on the primary roof-height as long as no more than 10 percent of the tractors are certified to the otherwise inapplicable subcategory. For example, if 95 percent of the tractors in the family are less than 120 inches tall, and the other 5 percent are 122 inches tall, a manufacturer may certify the tractors as a single family in the low-roof subcategory. (C) Determine the appropriate aerodynamic bin number based on the actual roof height if the CdA value is measured. However, use the GEM input for the bin based on the standards to which the manufacturer certifies. For example, of a manufacturer certifies as mid roof tractors some low-roof tractors with a measured CdA value of 4.2 m\2\, it qualifies as Bin IV; and must input into GEM the mid-roof Bin IV value of 5.85 m\2\. (9) Vocational tractors. Tractors meeting the definition of vocational tractors in 49 CFR 523.2 must comply with requirements for heavy-duty vocational vehicles specified in paragraphs (b) and (d) of this section. For Phase 1, Class 7 and Class 8 tractors certified or exempted as vocational tractors are limited in production to no more than 21,000 vehicles in any three consecutive model years. If a manufacturer is determined as not applying this allowance in good faith by EPA in its applications for certification in accordance with 40 CFR 1037.205 and 1037.610, a manufacturer must comply with the tractor fuel consumption standards in paragraph (c)(3) of this section. No production limit applies for vocational tractors subject to Phase 2 standards. (10) Small business manufacturers converting to mid roof or high roof configurations. Small manufacturers are to allowed convert low and mid roof tractors to high roof configurations without recertification, provided it is for the purpose of building a custom sleeper tractor or conversion to a natural gas tractor as specified in 40 CFR 1037.150(r). (11) Useful life. The following useful life values apply for the standards of this section: (i) 185,000 miles or 10 years, whichever comes first, for vehicles at or below 33,000 pounds GVWR. (ii) 435,000 miles or 10 years, whichever comes first, for vehicles above 33,000 pounds GVWR. (12) Conversion to high-roof configurations. Secondary vehicle manufacturers that qualify as small manufacturers may convert low- and mid-roof tractors to high-roof configurations without recertification for the purpose of building a custom sleeper tractor or converting it to run on natural gas, as follows: (i) The original low- or mid-roof tractor must be covered by a valid certificate of conformity by EPA. (ii) The modifications may not increase the frontal area of the tractor beyond the frontal area of the equivalent high-roof tractor with the corresponding standard trailer. If a manufacturer cannot use the original manufacturer's roof fairing for the high-roof tractor, use good engineering judgment to achieve similar or better aerodynamic performance. (iii) The agencies may require that these manufacturers submit annual production reports as described in Sec. 535.8 and 40 CFR 1037.250 indicating the original roof height for requalified vehicles. (13) Compliance with standards. A manufacturer complies with the standards of this part as described in Sec. 535.10. (d) Heavy-duty engines. Each manufacturer of heavy-duty engines shall comply with the fuel consumption standards in this paragraph (d) of this section expressed in gallons per 100 horsepower-hour. Each engine must be manufactured to comply for its full useful life, expressed in service miles, operating hours, or calendar years, whatever comes first. The provisions of this part apply to all new 2014 model year and later heavy-duty engines fueled by conventional and alternative fuels and manufactured for use in heavy-duty tractors or vocational vehicles. Standards apply to the engine families based upon the primary intended service classes within each of the engine regulatory subcategories as described in Sec. 535.4 and based upon the applicable modeling and testing specified in Sec. 535.6. [[Page 145]] (1) Mandatory standards. Manufacturers of heavy-duty engine families shall comply with the mandatory fuel consumption standards in paragraphs (d)(3) through (6) of this section for model years 2017 and later for compression-ignition engines and for model years 2016 and later for spark-ignition engines. (i) The heavy-duty engine regulatory category is divided into six regulatory subcategories, five compression-ignition subcategories and one spark-ignition subcategory, as shown in Table 14 of this section. (ii) Separate standards exist for engine families manufactured for use in heavy-duty vocational vehicles and in truck tractors. (iii) For purposes of certifying engines to fuel consumption standards, manufacturers must divide their product lines in each regulatory subcategory into engine families. Fuel consumption standards apply each model year to the same engine families used to comply with EPAstandards in 40 CFR 1036.108 and 40 CFR 1037.230. An engine family is designated under the EPA program based upon testing specified in 40 CFR part 1036, subpart F, and the engine family's primary intended service class. Each engine family manufactured for use in a heavy-duty tractor or vocational vehicle must be certified to the primary intended service class that it is designed for in accordance with 40 CFR 1036.108 and 1036.140. (2) Voluntary compliance. (i) For model years 2013 through 2016 for compression-ignition engine families, and for model year 2015 for spark- ignition engine families, a manufacturer may choose voluntarily to comply with the fuel consumption standards provided in paragraphs (d)(3) through (5) of this section. For example, a manufacturer may choose to comply early in order to begin accumulating credits through over- compliance with the applicable standards. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufacturers in each regulatory category for a given model year except in model year 2013 the manufacturer may comply with individual engine families as specified in 40 CFR 1036.150(a)(2). (ii) A manufacturer must declare its intent to voluntarily comply with fuel consumption standards and identify its plans to comply before it submits its first application for a certificate of conformity for the respective model year as specified in Sec. 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufacturers in each regulatory category for a given model year. (3) Regulatory subcategory standards. The primary fuel consumption standards for heavy-duty engine families are given in the following table: Table 13--Primary Heavy-Duty Engine Fuel Consumption Standards [Gallons per 100 hp-hr] -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulatory subcategory CI LHD engines CI MHD engines and all other HHD CI engines and all other SI engines ------------------------------------------------------- and all other engines engines --------------- engines ---------------------------------------------------------------- Application ------------------ All Vocational Vocational Tractor Vocational Tractor -------------------------------------------------------------------------------------------------------------------------------------------------------- Phase 1--Voluntary Standards -------------------------------------------------------------------------------------------------------------------------------------------------------- 2015.................................................. ................ .............. .............. .............. .............. 7.0552 2013 to 2016.......................................... 5.8939 5.8939 4.9312 5.5697 4.666 .............. -------------------------------------------------------------------------------------------------------------------------------------------------------- Phase 1--Mandatory Standards -------------------------------------------------------------------------------------------------------------------------------------------------------- 2016.................................................. ................ .............. .............. .............. .............. 7.0552 2017 to 2020.......................................... 5.6582 5.6582 4.6660 5.4519 4.4401 7.0552 -------------------------------------------------------------------------------------------------------------------------------------------------------- Phase 2--Mandatory Standards -------------------------------------------------------------------------------------------------------------------------------------------------------- 2021 to 2023.......................................... 5.5305 5.3536 4.6464 5.0393 4.3910 7.0552 2024 to 2026.......................................... 5.4519 5.2849 4.5285 4.9705 4.2829 7.0552 2027 and later........................................ 5.4224 5.2554 4.4892 4.9411 4.2436 7.0552 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 146]] (4) Alternate subcategory standards. The alternative fuel consumption standards for heavy-duty compression-ignition engine families are as follows: (i) Manufacturers entering the voluntary program in model years 2014 through 2016, may choose to certify compression-ignition engine families unable to meet standards provided in paragraph (d)(3) of this section to the alternative fuel consumption standards of this paragraph (d)(4). (ii) Manufacturers may not certify engines to these alternate standards if they are part of an averaging set in which they carry a balance of banked credits. For purposes of this section, manufacturers are deemed to carry credits in an averaging set if they carry credits from advance technology that are allowed to be used in that averaging set in accordance with Sec. 535.7(d)(12). (iii) The emission standards of this section are determined as specified by EPA in 40 CFR 1036.620(a) through (c) and should be converted to equivalent fuel consumption values. (5) Alternate phase-in standards. Manufacturers have the option to comply with EPA emissions standards for compression-ignition engine families using an alternative phase-in schedule that correlates with EPA's OBD standards. If a manufacturer chooses to use the alternative phase-in schedule for meeting EPA standards and optionally chooses to comply early with the NHTSA fuel consumption program, it must use the same phase-in schedule beginning in model year 2013 for fuel consumption standards and must remain in the program for each model year thereafter until model year 2020. The fuel consumption standard for each model year of the alternative phase-in schedule is provided in Table 15 of this section. Note that engine families certified to these standards are not eligible for early credits under Sec. 535.7. Table 14--Phase 1 Alternative Phase-In CI Engine Fuel Consumption Standards [Gallons per 100 hp-hr] ---------------------------------------------------------------------------------------------------------------- Tractors LHD engines MHD engines HHD engines ---------------------------------------------------------------------------------------------------------------- Model Years 2013 to 2015........................................ NA 5.0295 4.7642 Model Years 2016 to 2020 [dagger]............................... NA 4.7839 4.5187 ---------------------------------------------------------------------------------------------------------------- Vocational LHD engines MHD engines HHD engines ---------------------------------------------------------------------------------------------------------------- Model Years 2013 to 2015........................................ 6.0707 6.0707 5.6680 Model Years 2016 to 2020 [dagger]............................... 5.6582 5.6582 5.4519 ---------------------------------------------------------------------------------------------------------------- [dagger] Note: These alternate standards for 2016 and later are the same as the otherwise applicable standards for 2017 through 2020. (6) Alternative fuel conversions. Engines that have been converted to operate on alternative fuels may demonstrate compliance with the standards of this part or other alternative compliance approaches allowed by EPA in 40 CFR 85.525. (7) Optional certification under this section. Manufacturers certifying spark-ignition engines to the compression-ignition standards for EPA must treat those engines as compression-ignition engines for all the provisions of this part. (8) Advanced, innovative and off-cycle technologies. For engines subject to Phase 1 standards, manufacturers must create separate engine families for engines that contain advanced or innovative technologies and group those engines together in an engine family if they use the same advanced or innovative technologies. Manufacturers may generate separate credit allowances for advanced and innovative technologies as specified in Sec. 535.7(f)(1) and (2). For engines subject to Phase 2 standards, manufacturers may generate separate credits allowance for off-cycle technologies in accordance with Sec. 535.7(f)(2). Credit incentives for advanced technology engines do not apply during the Phase 2 period. (9) Useful life. The exhaust emission standards of this section apply for the full useful life, expressed in service miles, operating hours, or calendar [[Page 147]] years, whichever comes first. The following useful life values apply for the standards of this section: (i) 120,000 miles or 11 years, whichever comes first, for CI and SI LHD engines certified to Phase 1 standards. (ii) 150,000 miles or 15 years, whichever comes first, for CI and SI LHD and spark-ignition engines certified to Phase 2 standards. (iii) 185,000 miles or 10 years, whichever comes first, for CI MHD engines certified to Phase 1 and for Phase 2. (iv) 435,000 miles or 10 years, whichever comes first, for CI HHD engines certified to Phase 1 and for Phase 2. (v) For Phase 1 credits that manufacturers calculate based on a useful life of 110,000 miles, multiply any banked credits that it carries forward for use into the Phase 2 program by 1.36. For Phase 1 credit deficits that manufacturers generate based on a useful life of 110,000 miles multiply the credit deficit by 1.36, if offsetting the shortfall with Phase 2 credits. (10) Loose engines. This paragraph (10) describes alternate emission and fuel consumption standards for loose engines certified under. The standards of this paragraph (d) and 1036.108 do not apply for loose engines certified under paragraph (a) of this section and 40 CFR 86.1819-14(k)(8). The standards in 40 CFR 1036.150(j) apply for the emissions and equivalent fuel consumption measured with the engine installed in a complete vehicle consistent with the provisions of 40 CFR 86.1819-14(k)(8)(vi). (11) Alternate transition option for Phase 2 engine standards. (i) Manufacturers may optionally elect to comply with the model year 2021 primary (Phase 2) vocational vehicle and tractor engine standards in paragraph (d)(3) of this section beginning in model year 2020 (e.g. comply with the more stringent standards one year early). The model year 2021 standard would apply to these manufacturers for model years 2020 through 2023. Manufacturers that voluntarily certify their engines to model year 2021 standards early would then be eligible for less stringent engine tractor standards in model years 2024 through 2026, as follows: (A) 5.2849 gallons per 100 hp-hr for MHD vocational vehicle engines. (B) 4.5874 gallons per 100 hp-hr for MHD tractor engines. (C) 4.9705 gallons per 100 hp-hr for HHD vocational vehicle engines. (D) 4.3418 gallons per 100 hp-hr for HHD tractor engines. (ii) The primary standard in paragraph (d)(3) applies for all manufacturers in model year 2027 and later years. (iii) Manufacturers may apply these provisions separately for medium heavy-duty engines and heavy heavy-duty engines. This election applies to all engines in each segment. For example, if a manufacturer elects this alternate option for its medium heavy-duty engines, all of the manufacturer's medium heavy-duty vocational and tractor engines must comply. Engine fuel consumption credits generated under Sec. 535.7(d) for manufacturers complying early with the model year 2021 standards follow the temporary extended credit life allowance in Sec. 535.7(d)(9). (12) Compliance with Standards. A manufacturer complies with the standards of this part as described in Sec. 535.10. (e) Heavy-duty Trailers. Each manufacturer of heavy-duty trailers as specified in 49 CFR 523.10, except trailers constructed in accordance with 49 CFR 571.7(f), shall comply with the fuel consumption standards in paragraph (e)(1) of this section expressed in gallons per 1000 ton- miles. Each vehicle must be manufactured to comply for its full useful life. There are no Phase 1 standards for trailers. Different levels of stringency apply for box vans depending on features that may affect aerodynamic performance. Standards apply to the trailer vehicle families within each of the trailer regulatory subcategories in accordance with Sec. 535.4 and 40 CFR 1037.230 and based upon the applicable modeling and testing specified in Sec. 535.6. (1) Fuel consumption standards for Box-Vans. Box van trailer families manufactured in model year 2021 and later must comply with the fuel consumption standards of this section. For model years 2018 through 2020, box van trailer manufacturers have the option to voluntarily comply with the fuel consumption standards of this section. Different levels of stringency apply for box vans depending on features that may affect aerodynamic performance. [[Page 148]] A manufacturer may optionally meet less stringent standards for different trailer types, which are characterized as follows: (i) For trailers 35 feet or longer, a manufacturer may designate as ``non-aero box vans'' those box vans that have a rear lift gate or rear hinged ramp, and at least one of the following side features: Side lift gate, side-mounted pull-out platform, steps for side-door access, a drop-deck design, or belly boxes that occupy at least half the length of both sides of the trailer between the centerline of the landing gear and the leading edge of the front wheels. For trailers less than 35 feet long, manufacturers may designate as ``non-aero box vans'' any refrigerated box vans with at least one of the side features identified for longer trailers. (ii) A manufacturer may designate as ``partial-aero box vans'' those box vans that have at least one of the side features identified in paragraph (a)(1)(i) of this section. Long box vans may also qualify as partial-aero box vans if they have a rear lift gate or rear hinged ramp. Note that this paragraph (e)(1)(ii) does not apply for box vans designated as ``non-aero box vans'' under paragraph (e)(1)(i) of this section. (iii) ``Full-aero box vans'' are box vans that are not designated as non-aero box vans or partial-aero box vans under this paragraph (e)(1). (iv) Fuel consumption standards apply for full-aero box vans as specified in the following table: Table 15--Phase 2 Full Aero Box Van Fuel Consumption Standards [Gallons per 1,000 ton-miles] ---------------------------------------------------------------------------------------------------------------- Dry van Refrigerated van Model years --------------------------------------------------------------- Long Short Long Short ---------------------------------------------------------------------------------------------------------------- Voluntary Standards ---------------------------------------------------------------------------------------------------------------- 2018 to 2020.................................... 7.98625 12.31827 8.15324 12.68173 ---------------------------------------------------------------------------------------------------------------- Mandatory Standards ---------------------------------------------------------------------------------------------------------------- 2021 to 2023.................................... 7.75049 12.15128 7.91749 12.52456 2024 to 2026.................................... 7.58350 11.87623 7.75049 12.24951 2027 and later.................................. 7.43615 11.72888 7.60314 12.10216 ---------------------------------------------------------------------------------------------------------------- (v) Fuel consumption standards apply for partial-aero box vans as specified in the following table: Table 16--Phase 2 Fuel Consumption Standards for Partial-Aero Box Vans [Gallons per 1,000 ton-mile] ---------------------------------------------------------------------------------------------------------------- Dry van Refrigerated van Model year --------------------------------------------------------------- Short Long Short Long ---------------------------------------------------------------------------------------------------------------- 2018-2020....................................... 12.31827 7.98625 12.68173 8.15324 2021 and later.................................. 12.15128 7.91749 12.52456 8.08448 ---------------------------------------------------------------------------------------------------------------- (2) Fuel consumption standards for Non-aero Box Vans and Non-box Trailers. (i) Non-aero box van and non-box trailer families manufactured in model year 2021 and later must comply with the fuel consumption standards of this section. For model years 2018 through 2020, trailer manufacturers have the option to voluntarily comply with the fuel consumption standards of this section. (ii) Non-aero box vans and non-box vans must meet the following standards: (A) Trailers must use automatic tire inflation systems or tire pressure monitoring systems with wheels on all [[Page 149]] axles. Tire pressure monitoring systems must use low pressure warning and malfunction telltales in clear view of the driver as specified in S4.3 and S4.4 of 49 CFR 571.138. (B) Non-box trailers must use tires with a TRRL at or below 5.1 kg/ tonne. Through model year 2020, non-box trailers may instead use tires with a TRRL at or below 6.0 kg/tonne. (C) Non-aero box vans must use tires with a TRRL at or below 4.7 kg/ tonne. Through model year 2020, non-aero box vans may instead use tires with a TRRL at or below 5.1 kg/tonne. (3) Subfamily standards. Starting in model year 2027, manufacturers may generate or use fuel consumption credits for averaging to demonstrate compliance with the standards specified in paragraph (e)(1)(iii) of this section as described in Sec. 535.7(e). This requires that manufacturers specify a Family Emission Limit (FEL) for fuel consumption for each vehicle subfamily. The FEL may not be less than the result of the emission and fuel consumption calculation in 40 CFR 1037.515. The FEL may not be greater than the appropriate standard for model year 2021 trailers. These FELs serve as the fuel consumption standards for the specific vehicle subfamily instead of the standards specified in paragraph (e)(1) of this section. Manufacturers may not use averaging for non-box trailers, partial-aero box vans, or non-aero box vans that meet standards under paragraph (e)(1)(i) or (e)(1)(ii) of this section, and manufacturers may not use fuel consumption credits for banking or trading for any trailers. (4) Useful life. The fuel consumption standards of this section apply for a useful life equal to 10 years. (5) Transitional allowances for trailers. Through model year 2026, trailer manufacturers may calculate a number of trailers that are exempt from the standards and certification requirements of this part. Calculate the number of exempt box vans in a given model year by multiplying the manufacturer's total U.S.-directed production volume of certified box vans by 0.20 and rounding to the nearest whole number; however, in no case may the number of exempted box vans be greater than 350 units in any given model year. Repeat this calculation to determine the number of non-box trailers, up to 250 annual units, that are exempt from standards and certification requirements. Perform the calculation based on the manufacturer's projected production volumes in the first year that standards apply; in later years, use actual production volumes from the preceding model year. Manufacturers include these calculated values of the production volumes of exempt trailers in their annual production report under Sec. 535.8 and 40 CFR 1037.250. (6) Roll-up doors for non-aero box vans. Through model year 2023, box vans may qualify for non-aero or partial-aero standards under this paragraph (e) by treating roll-up rear doors as being equivalent to rear lift gates. (7) Expanded families. A manufacturer may include refrigerated box vans in a vehicle family with dry box vans by treating them all as dry box vans for demonstrating compliance with fuel consumption standards. A manufacturer may include certain other types of trailers in a vehicle family with a different type of trailer, such that the combined set of trailers are all subject to the more stringent standards, as follows: (i) Standards for long trailers are more stringent than standards for short trailers. (ii) Standards for long dry box vans are more stringent than standards for short refrigerated box vans. (iii) Standards for non-aero box vans are more stringent than standards for non-box trailers. (8) Compliance with standards. A manufacturer complies with the standards of this part as described in Sec. 535.10. Sec. 535.6 Measurement and calculation procedures. This part describes the measurement and calculation procedures manufacturers use to determine annual fuel consumption performance results. Manufacturers use the fuel consumption results determined in this part for calculating credit balances specified in Sec. 535.7 and then determine whether they comply with standards as specified in Sec. 535.10. Manufacturers must use EPA emissions test results for deriving [[Page 150]] NHTSA's fuel consumption performance rates. Consequently, manufacturers conducting testing for certification or annual demonstration testing and providing CO2 emissions data to EPA must also provide equivalent fuel consumption results to NHTSA for all values. NHTSA and EPA reserve the right to verify separately or in coordination the results of any testing and measurement established by manufacturers in complying with the provisions of this program and as specified in 40 CFR 1037.301 and Sec. 535.9. Any carry over data from the Phase 1 program may be carried into the Phase 2 only with approval from EPA and by using good engineering judgment considering differences in testing protocols between test procedures. (a) Heavy-duty pickup trucks and vans. This section describes the method for determining the fuel consumption performance rates for test groups and for fleets of complete heavy-duty pickup trucks and vans each model year. The NHTSA heavy-duty pickup truck and van fuel consumption performance rates correspond to the same requirements for EPA as specified in 40 CFR 86.1819-14. (1) For the Phase 1 program, if the manufacturer's fleet includes conventional vehicles (gasoline, diesel and alternative fueled vehicles) and advanced technology vehicles (hybrids with powertrain designs that include energy storage systems, vehicles with waste heat recovery, electric vehicles and fuel cell vehicles), it may divide its fleet into two separate fleets each with its own separate fleet average fuel consumption performance rate. For Phase 2, manufacturers may calculate their fleet average fuel consumption rates for a conventional fleet and separate advanced technology vehicle fleets. Advanced technology vehicle fleets should be separated into plug-in hybrid electric vehicles, electric vehicles and fuel cell vehicles. (2) Vehicles in each fleet should be selected and divided into test groups or subconfigurations according to EPA in 40 CFR 86.1819-14(d). (3) Use the EPA CO2 emissions test results for each test group, in grams per mile, for the selected vehicles. (i) Use CO2 emissions test results for vehicles fueled by conventional and alternative fuels, including dedicated and dual-fueled (multi-fuel and flexible-fuel) vehicles using each fuel type as specified in 40 CFR 86.1819-14(d)(10). (ii) Use CO2 emissions test results for dual-fueled vehicles using a weighted average of the manufacturer's emission results as specified in 40 CFR 600.510-12(k) for light-duty trucks. (iii) All electric vehicles are deemed to have zero emissions of CO2, CH4, and N2O. No emission testing is required for such electric vehicles. Assign the fuel consumption test group result to a value of zero gallons per 100 miles in paragraph (a)(4) of this section. (iv) Use CO2 emissions test results for cab-complete and incomplete vehicles based upon the applicable complete sister vehicles as determined in 40 CFR 1819-14(j)(2). (v) Use CO2 emissions test results for loose engines using applicable complete vehicles as determined in 40 CFR 86.1819- 14(k)(8). (vi) Manufacturers can choose to analytically derive CO2 emission rates (ADCs) for test groups or subconfigurations. Use ADCs for test groups or subconfigurations in accordance with 40 CFR 86.1819-14 (d) and (g). (4) Calculate equivalent fuel consumption results for all test groups, in gallons per 100 miles, from CO2 emissions test group results, in grams per miles, and round to the nearest 0.001 gallon per 100 miles. (i) Calculate the equivalent fuel consumption test group results as follows for compression-ignition vehicles and alternative fuel compression-ignition vehicles. CO2 emissions test group result (grams per mile)/10,180 grams per gallon of diesel fuel) x (10\2\) = Fuel consumption test group result (gallons per 100 mile). (ii) Calculate the equivalent fuel consumption test group results as follows for spark-ignition vehicles and alternative fuel spark-ignition vehicles. CO2 emissions test group result (grams per mile)/ ((8,887 grams per gallon of gasoline fuel) x (10-2)) = Fuel consumption test group result (gallons per 100 mile). (5) Calculate the fleet average fuel consumption result, in gallons per 100 [[Page 151]] miles, from the equivalent fuel consumption test group results and round the fuel consumption result to the nearest 0.001 gallon per 100 miles. Calculate the fleet average fuel consumption result using the following equation. [GRAPHIC] [TIFF OMITTED] TR25OC16.307 Where: Fuel Consumption Test Group Resulti = fuel consumption performance for each test group as defined in 49 CFR 523.4. Volumei = production volume of each test group. (6) Compare the fleet average fuel consumption standard to the fleet average fuel consumption performance. The fleet average fuel consumption performance must be less than or equal to the fleet fuel consumption standard to comply with standards in Sec. 535.5(a). (b) Heavy-duty vocational vehicles and tractors. This section describes the method for determining the fuel consumption performance rates for vehicle families of heavy-duty vocational vehicles and tractors. The NHTSA heavy-duty vocational vehicle and tractor fuel consumption performance rates correspond to the same requirements for EPA as specified in 40 CFR 1037, subpart F. (1) Select vehicles and vehicle family configurations to test as specified in 40 CFR 1037.230 for vehicles that make up each of the manufacturer's regulatory subcategories of vocational vehicles and tractors. For the Phase 2 program, select powertrain, axle and transmission families in accordance with 40 CFR 1037.231 and 1037.232. (2) Follow the EPA testing requirements in 40 CFR 1037.230 and 1037.501 to derive inputs for the Greenhouse gas Emissions Model (GEM). (3) Enter inputs into GEM, in accordance with 40 CFR 1037.520, to derive the emissions and fuel consumption performance results for all vehicles (conventional, alternative fueled and advanced technology vehicles). (4) For Phase 1 and 2, all of the following GEM inputs apply for vocational vehicles and other tractor regulatory subcategories, as follows: (i) Model year and regulatory subcategory (see Sec. 535.3 and 40 CFR 1037.230). (ii) Coefficient of aerodynamic drag or drag area, as described in 40 CFR 1037.520(b) (tractors only for Phase 1). (iii) Steer and drive tire rolling resistance, as described in 40 CFR 1037.520(c). (iv) Vehicle speed limit, as described in 40 CFR 1037.520(d) (tractors only). (v) Vehicle weight reduction, as described in 40 CFR 1037.520(e) (tractors only for Phase 1). (vi) Automatic engine shutdown systems, as described in 40 CFR 1037.660 (only for Phase 1 Class 8 sleeper cabs). For Phase 1, enter a GEM input value of 5.0 g/ton-mile, or an adjusted value as specified in 40 CFR 1037.660. (5) For Phase 2 vehicles, the GEM inputs described in paragraphs (b)(4)(i) through (v) of this section continue to apply. Note that the provisions related to vehicle speed limiters and automatic engine shutdown systems are available for vocational vehicles in Phase 2. The additional GEM inputs that apply for vocational vehicles and other tractor regulatory subcategories for demonstrating compliance with Phase 2 standards are as follows: (i) Engine characteristics. Enter information from the engine manufacturer to describe the installed engine and its operating parameters as described in 40 CFR 1036.510 and 1037.520(f). (ii) Vehicle information. Enter information in accordance with 40 CFR 1037.520(g) for the vehicle and its operating parameters including: (A) Transmission make, model and type; (B) Drive axle configuration; (C) Drive axle ratio, ka; (D) GEM inputs associated with powertrain testing include powertrain [[Page 152]] family, transmission calibration identifier, test data from 40 CFR 1037.550, and the powertrain test configuration (dynamometer connected to transmission output or wheel hub). (iii) Idle-reduction technologies. Identify whether the manufacturer's vehicle has qualifying idle-reduction technologies, subject to the qualifying criteria in 40 and 1037.660 and enter values for stop start and neutral idle technologies as specified in 40 CFR 1037.520(h). (iv) Axle and transmission efficiency. Manufacturers may use axle efficiency maps as described in 40 CFR 1037.560 and transmission efficiency maps as described in 40 CFR 1037.565 to replace the default values in GEM. (v) Additional reduction technologies. Enter input values in GEM as follows to characterize the percentage CO2 emission reduction corresponding to certain technologies and vehicle configurations, or enter 0 as specified in 40 CFR 1037.520(j): (A) Intelligent controls (B) Accessory load (C) Tire-pressure systems (D) Extended-idle reduction (E) Additional GEM inputs may apply as follows: (1) Enter 1.7 and 0.9, respectively, for school buses and coach buses that have at least seven available forward gears. (2) If the agencies approve an off-cycle technology under Sec. 535.7(f) and 40 CFR 1037.610 in the form of an improvement factor, enter the improvement factor expressed as a percentage reduction in CO2 emissions. (Note: In the case of approved off-cycle technologies whose benefit is quantified as a g/ton-mile credit, apply the credit to the GEM result, not as a GEM input value.) (vi) Vehicles with hybrid power take-off (PTO). For vocational vehicles, determine the delta PTO emission result of the manufacturer's engine and hybrid power take-off system as described in 40 CFR 1037.540. (vii) Aerodynamic improvements for vocational vehicles. For vocational vehicles certified using the Regional duty cycle, enter [Delta]CdA values to account for using rear fairings and a reduced minimum frontal area as specified in 40 CFR 1037.520(m) and 1037.527. (viii) Alternate fuels. For fuels other than those identified in GEM, perform the simulation by identifying the vehicle as being diesel- fueled if the engine is subject to the compression-ignition standard, or as being gasoline-fueled if the engine is subject to the spark-ignition standards. Correct the engine or powertrain fuel map for mass-specific net energy content as described in 40 CFR 1036.535(b). (ix) Custom chassis vehicles. A simplified versions of GEM applies for custom chassis vehicle subject Sec. 535.5(b)(6) in accordance with 40 CFR 1037.520(a)(2)(ii). (6) In unusual circumstances, manufacturers may ask EPA to use weighted average results of multiple GEM runs to represent special technologies for which no single GEM run can accurately reflect. (7) From the GEM results, select the CO2 family emissions level (FEL) and equivalent fuel consumption values for vocational vehicle and tractor families in each regulatory subcategory for each model year. Equivalent fuel consumption FELs are derived in GEM and expressed to the nearest 0.0001 gallons per 1000 ton-mile. For families containing multiple subfamilies, identify the FELs for each subfamily. (c) [Reserved] (d) Heavy-duty engines. This section describes the method for determining equivalent fuel consumption family certification level (FCL) values for engine families of heavy-duty truck tractors and vocational vehicles. The NHTSA heavy-duty engine fuel consumption FCLs are determined from the EPA FCLs tested in accordance with 40 CFR 1036, subpart F. Each engine family must use the same primary intended service class as designated for EPA in accordance with 40 CFR 1036.140. (1) Manufacturers must select emission-data engines representing the tested configuration of each engine family specified in 40 CFR part 86 and 40 CFR 1036.235 for engines in heavy-duty truck tractors and vocational vehicles that make up each of the manufacture's regulatory subcategories. (2) Standards in Sec. 535.5(d) apply to the CO2 emissions rates for each emissions-data engine in an engine family subject [[Page 153]] to the procedures and equipment specified in 40 CFR part 1036, subpart F. Determine equivalent fuel consumptions rates using CO2 emissions rates in grams per hp-hr measured to at least one more decimal place than that of the applicable EPA standard in 40 CFR 1036.108. (i) Use the CO2 emissions test results for engines running on each fuel type for conventional, dedicated, multi-fueled (dual-fuel, and flexible-fuel) engines as specified in 40 CFR part 1036, subpart F. (ii) Use the CO2 emissions result for multi-fueled engines using the same weighted fuel mixture emission results as specified in 40 CFR 1036.235 and 40 CFR part 1036, subpart F. (iii) Use the CO2 emissions test results for hybrid engines as described in 40 CFR 1036.525. (iv) All electric vehicles are deemed to have zero emissions of CO2 and zero fuel consumption. No emission or fuel consumption testing is required for such electric vehicles. (3) Use the CO2 emissions test results for tractor engine families in accordance with 40 CFR 1036.501 and for vocational vehicle engine families in accordance with 40 CFR part 86, subpart N, for each heavy-duty engine regulatory subcategory for each model year. (i) If a manufacturer certifies an engine family for use both as a vocational engine and as a tractor engine, the manufacturer must split the family into two separate subfamilies in accordance with 40 CFR 1036.230. The manufacturer may assign the numbers and configurations of engines within the respective subfamilies at any time prior to the submission of the end-of-year report required by 40 CFR 1036.730 and Sec. 535.8. The manufacturer must track into which type of vehicle each engine is installed, although EPA may allow the manufacturer to use statistical methods to determine this for a fraction of its engines. (ii) The following engines are excluded from the engine families used to determine fuel consumption FCL values and the benefit for these engines is determined as an advanced technology credit under the ABT provisions provided in Sec. 535.7(e); these provisions apply only for the Phase 1 program: (A) Engines certified as hybrid engines or power packs. (B) Engines certified as hybrid engines designed with PTO capability and that are sold with the engine coupled to a transmission. (C) Engines with Rankine cycle waste heat recovery. (4) Manufacturers generating CO2 emissions rates to demonstrate compliance to EPA vehicle standards for model years 2021 and later, using engine fuel maps determined in accordance with 40 CFR 1036.535 and 1036.540 or engine powertrain results configuration, must use the same compliance pathway and model years for certifying under the NHTSA program. Manufacturers may omit providing equivalent fuel consumption FCLs under this section if all of its engines will be installed in vehicles that are certified based on powertrain testing as described in 40 CFR 1037.550. (5) Calculate equivalent fuel consumption values from the emissions CO2 FCLs levels for certified engines, in gallons per 100 hp- hr and round each fuel consumption value to the nearest 0.0001 gallon per 100 hp-hr. (i) Calculate equivalent fuel consumption FCL values for compression-ignition engines and alternative fuel compression-ignition engines. CO2 FCL value (grams per hp-hr)/10,180 grams per gallon of diesel fuel) x (10\2\) = Fuel consumption FCL value (gallons per 100 hp-hr). (ii) Calculate equivalent fuel consumption FCL values for spark- ignition engines and alternative fuel spark-ignition engines. CO2 FCL value (grams per hp-hr)/((8,887 grams per gallon of gasoline fuel) x (10-2)) = Fuel consumption FCL value (gallons per 100 hp-hr). (iii) Manufacturers may carryover fuel consumption data from a previous model year if allowed to carry over emissions data for EPA in accordance with 40 CFR 1036.235. (iv) If a manufacturer uses an alternate test procedure under 40 CFR 1065.10 and subsequently the data is rejected by EPA, NHTSA will also reject the data. (e) Heavy-duty trailers. This section describes the method for determining [[Page 154]] the fuel consumption performance rates for trailers. The NHTSA heavy- duty trailers fuel consumption performance rates correspond to the same requirements for EPA as specified in 40 CFR part 1037, subpart F. (1) Select trailer family configurations that make up each of the manufacturer's regulatory subcategories of heavy-duty trailers in 40 CFR 1037.230 and Sec. 535.4. (2) Obtain preliminary approvals for trailer aerodynamic devices from EPA in accordance with 40 CFR 1037.150. (3) For manufacturers voluntarily complying in model years 2018 through 2020, and for trailers complying with mandatory standards in model years 2021 and later, determine the CO2 emissions and fuel consumption results for partial- and full-aero trailers using the equations and technologies specified in 40 CFR part 1037, subpart F. Use testing to determine input values in accordance with 40 CFR 1037.515. (4) From the equation results, use the CO2 family emissions level (FEL) to calculate equivalent fuel consumption FELs are expressed to the nearest 0.0001 gallons per 1000 ton-mile. (i) For families containing multiple subfamilies, identify the FELs for each subfamily. (ii) Calculate equivalent fuel consumption FEL values for trailer families. CO2 FEL value (grams per 1000 ton-mile)/10,180 grams per 1000 ton-mile of diesel fuel) x (10\3\) = Fuel consumption FEL value. The equivalent fuel consumption FELs are expressed to the nearest 0.0001 gallons per 1000 ton-mile. [81 FR 74238, Oct. 25, 2016, as amended at 85 FR 25274, Apr. 30, 2020] Sec. 535.7 Averaging, banking, and trading (ABT) credit program. (a) General provisions. After the end of each model year, manufacturers must comply with the fuel consumption standards in Sec. 535.5 for averaging, banking and trading credits. Trailer manufacturers are excluded from this section except for those producing full-aero box trailers, which may comply with special provisions in paragraph (e) of this section. Manufacturers comply with standards if the sum of averaged, banked and traded credits generate a ``zero'' credit balance or a credit surplus within an averaging set of vehicles or engines. Manufacturers fail to comply with standards if the sum of the credit flexibilities generate a credit deficit (or shortfall) in an averaging set. Credit shortfalls must be offset by banked or traded credits within three model years after the shortfall is incurred. These processes are hereafter referenced as the NHTSA ABT credit program. The following provisions apply to all fuel consumption credits. (1) Credits (or fuel consumption credits (FCCs)). Credits in this part mean a calculated weighted value representing the difference between the fuel consumption performance and the standard of a vehicle or engine family or fleet within a particular averaging set. Positive credits represent cases where a vehicle or engine family or fleets perform better than the applicable standard (the fuel consumption performance is less than the standard) whereas negative credits represent underperforming cases. The value of a credit is calculated according to paragraphs (b) through (e) of this section. FCCs are only considered earned or useable for averaging, banking or trading after EPA and NHTSA have verified the information in a manufacturer's final reports required in Sec. 535.8. Types of FCCs include the following: (i) Conventional credits. Credits generated by vehicle or engine families or fleets containing conventional vehicles (i.e., gasoline, diesel and alternative fueled vehicles). (ii) Early credits. Credits generated by vehicle or engine families or fleets produced for model year 2013. Early credits are multiplied by an incentive factor of 1.5 times. (iii) Advanced technology credits. Credits generated by vehicle or engine families or subconfigurations containing vehicles with advanced technologies (i.e., hybrids with regenerative braking, vehicles equipped with Rankine-cycle engines, electric and fuel cell vehicles) and incentivized under this ABT credit program in paragraph (f)(1) of this section and by EPA under 40 CFR 86.1819-14(d)(7), 1036.615, and 1037.615. [[Page 155]] (iv) Innovative and off-cycle technology credits. Credits can be generated by vehicle or engine families or subconfigurations having fuel consumption reductions resulting from technologies not reflected in the GEM simulation tool or in the FTP chassis dynamometer and that were not in common use with heavy-duty vehicles or engines before model year 2010 that are not reflected in the specified test procedure. Manufacturers should prove that these technologies were not in common use in heavy- duty vehicles or engines before model year 2010 by demonstrating factors such as the penetration rates of the technology in the market. NHTSA will not approve any request if it determines that these technologies do not qualify. The approach for determining innovative and off-cycle technology credits under this fuel consumption program is described in paragraph (f)(2) of this section and by EPA under 40 CFR 86.1819- 14(d)(13), 1036.610, and 1037.610. (2) Averaging. Averaging is the summing of a manufacturer's positive and negative FCCs for engines or vehicle families or fleets within an averaging set. The principle averaging sets are defined in Sec. 535.4. (i) A credit surplus occurs when the net sum of the manufacturer's generated credits for engines or vehicle families or fleets within an averaging set is positive (a zero credit balance is when the sum equals zero). (ii) A credit deficit occurs when the net sum of the manufacturer's generated credits for engines or vehicle families or fleets within an averaging set is negative. (iii) Positive credits, other than advanced technology credits, generated and calculated within an averaging set may only be used to offset negative credits within the same averaging set. (iv) Manufacturers may certify one or more vehicle families (or subfamilies) to an FEL above the applicable fuel consumption standard, subject to any applicable FEL caps and other provisions allowed by EPA in 40 CFR parts 1036 and 1037, if the manufacturer shows in its application for certification to EPA that its projected balance of all FCC transactions in that model year is greater than or equal to zero or that a negative balance is allowed by EPA under 40 CFR 1036.745 and 1037.745. (v) If a manufacturer certifies a vehicle family to an FEL that exceeds the otherwise applicable standard, it must obtain enough FCC to offset the vehicle family's deficit by the due date of its final report required in Sec. 535.8. The emission credits used to address the deficit may come from other vehicle families that generate FCCs in the same model year (or from the next three subsequent model years), from banked FCCs from previous model years, or from FCCs generated in the same or previous model years that it obtained through trading. Note that the option for using banked or traded credits does not apply for trailers. (vi) Manufacturers may certify a vehicle or engine family using an FEL (as described in Sec. 535.6) below the fuel consumption standard (as described in Sec. 535.5) and choose not to generate conventional fuel consumption credits for that family. Manufacturers do not need to calculate fuel consumption credits for those families and do not need to submit or keep the associated records described in Sec. 535.8 for these families. Manufacturers participating in NHTSA's FCC program must provide reports as specified in Sec. 535.8. (3) Banking. Banking is the retention of surplus FCC in an averaging set by the manufacturer for use in future model years for the purpose of averaging or trading. (i) Surplus credits may be banked by the manufacturer for use in future model years, or traded, given the restriction that the credits have an expiration date of five model years after the year in which the credits are generated. For example, banked credits earned in model year 2014 may be utilized through model year 2019. Surplus credits will become banked credits unless a manufacturer contacts NHTSA to expire its credits. (ii) Surplus credits become earned or usable banked FCCs when the manufacturer's final report is approved by both agencies. However, the agencies may revoke these FCCs at any time if they are unable to verify them after reviewing the manufacturer's reports or auditing its records. [[Page 156]] (iii) Banked FCC retain the designation from the averaging set and model year in which they were generated. (iv) Banked credits retain the designation of the averaging set in which they were generated. (v) Trailer manufacturers generating credits in paragraph (e) of this section may not bank credits except to resolve credit deficits in the same model year or from up to three prior model years. (4) Trading. Trading is a transaction that transfers banked FCCs between manufacturers or other entities in the same averaging set. A manufacturer may use traded FCCs for averaging, banking, or further trading transactions. (i) Manufacturers may only trade banked credits to other manufacturers to use for compliance with fuel consumption standards. Traded FCCs, other than advanced technology credits, may be used only within the averaging set in which they were generated. Manufacturers may only trade credits to other entities for the purpose of expiring credits. (ii) Advanced technology credits can be traded across different averaging sets. (iii) The agencies may revoke traded FCCs at any time if they are unable to verify them after reviewing the manufacturer's reports or auditing its records. (iv) If a negative FCC balance results from a transaction, both the buyer and seller are liable, except in cases the agencies deem to involve fraud. See Sec. 535.9 for cases involving fraud. EPA also may void the certificates of all vehicle families participating in a trade that results in a manufacturer having a negative balance of emission credits. See 40 CFR 1037.745. (v) Trailer manufacturers generating credits in paragraph (e) of this section starting in model year 2027 may not bank or trade credits. These manufacturers may only use credits for the purpose of averaging. (vi) Manufacturers with deficits or projecting deficits before or during a production model year may not trade credits until its available credits exceed the deficit. Manufacturers with a deficit may not trade credits if the deadline to offset that credit deficit has passed. (5) Credit deficit (or credit shortfall). A credit shortfall or deficit occurs when the sum of the manufacturer's generated credits for engines or vehicle families or fleets within an averaging set is negative. Credit shortfalls must be offset by an available credit surplus within three model years after the shortfall was incurred. If the shortfall cannot be offset, the manufacturer is liable for civil penalties as discussed in Sec. 535.9. (6) FCC credit plan. (i) Each model year manufacturers submit credit plan in their certificates of conformity as required in 40 CFR 1036.725(b)(2) and 40 CFR 1037.725(b)(2). The plan is required to contain equivalent fuel consumption information in accordance Sec. 535.8(c). The plan must include: (A) Detailed calculations of projected emission and fuel consumption credits (positive or negative) based on projected U.S.-directed production volumes. The agencies may require a manufacturer to include similar calculations from its other engine or vehicle families to project its net credit balances for the model year. If a manufacturer projects negative emission and/or fuel consumption credits for a family, it must state the source of positive emission and/or fuel consumption credits it expects to use to offset the negative credits demonstrating how it plans to resolve any credit deficits that might occur for a model year within a period of up to three model years after that deficit has occurred. (B) Actual emissions and fuel consumption credit balances, credit transactions, and credit trades. (ii) Manufacturers are required to provide updated credit plans after receiving their final verified reports from EPA and NHTSA after the end of each model year. (iii) The agencies may determine that a manufacturer's plan is unreasonable or unrealistic based on a consideration of past and projected use of specific technologies, the historical sales mix of its vehicle models, subsequent failure to follow any submitted plans, and limited expected access to traded credits. [[Page 157]] (iv) The agencies may also consider the plan unreasonable if the manufacturer's credit deficit increases from one model year to the next. The agencies may require that the manufacturers must send interim reports describing its progress toward resolving its credit deficit over the course of a model year. (v) If NHTSA determines that a manufacturers plan is unreasonable or unrealistic, the manufacturer is deemed as not comply with fuel consumption standards as specified in Sec. 535.10(c) and the manufacturer may be liable for civil penalties. (7) Revoked credits. NHTSA may revoke fuel consumption credits if unable to verify any information after auditing reports or records or conducting confirmatory testing. In the cases where EPA revokes emissions CO2 credits, NHTSA will revoke the equivalent amount of fuel consumption credits. (8) Transition to Phase 2 standards. The following provisions allow for enhanced use of fuel consumption credits from Phase 1 tractors and vocational vehicles for meeting the Phase 2 standards: (i) Fuel consumption credits a manufacturer generates for light and medium heavy-duty vocational vehicles in model years 2018 through 2021 may be used through model year 2027, instead of being limited to a five- year credit life as specified in this part. (ii) The manufacturer may use the off-cycle provisions of paragraph (f) of this section to apply technologies to Phase 1 vehicles as follows: (A) A manufacturer may apply an improvement factor of 0.988 for tractors and vocational vehicles with automatic tire inflation systems on all axles. (B) For vocational vehicles with automatic engine shutdown systems that conform with 40 CFR 1037.660, a manufacturer may apply an improvement factor of 0.95. (C) For vocational vehicles with stop-start systems that conform with 40 CFR 1037.660, a manufacturer may apply an improvement factor of 0.92. (D) For vocational vehicles with neutral-idle systems conforming with 40 CFR 1037.660, manufacturers may apply an improvement factor of 0.98. Manufacturers may adjust this improvement factor if we approve a partial reduction under 40 CFR 1037.660(a)(2); for example, if the manufacturer's design reduces fuel consumption by half as much as shifting to neutral, it may apply an improvement factor of 0.99. (9) Credits for small business manufacturers. Small manufacturers may generate fuel consumption credits for natural gas-fueled vocational vehicles as follows: (i) Small manufacturers may certify their vehicles instead of relying on the exemption of Sec. 535.3. (ii) Use Phase 1 GEM to determine a fuel consumption level for vehicle, then multiply this value by the engine's FCL for fuel consumption and divide by the engine's applicable fuel consumption standard. (iii) Use the value determined in paragraph (ii) in the credit equation specified in part (c) of this section in place of the term (Std - FEL). (iv) The following provisions apply uniquely to small businesses under the custom-chassis standards of Sec. 535.5(b)(6): (A) Manufacturers may use fuel consumption credits generated under paragraph (c) of this section, including banked or traded credits from any averaging set. Such credits remain subject to other limitations that apply under this part. (B) Manufacturers may produce up to 200 drayage tractors in a given model year to the standards described in Sec. 535.5(b)(6) for ``other buses''. Treat these drayage tractors as being in their own averaging set. (10) Certifying non-gasoline engines. A manufacturer producing non- gasoline engines complying with model year 2021 or later medium heavy- duty spark-ignition standards may not generate fuel consumption credits. Only manufacturers producing gasoline engines certifying to spark- ignition standards can generate fuel consumption credits under paragraph (d) of this part. (b) ABT provisions for heavy-duty pickup trucks and vans. (1) Calculate fuel consumption credits in a model year for one fleet of conventional heavy-duty pickup trucks and vans and if designated by the manufacturer another consisting of advance technology vehicles for the averaging set as defined in [[Page 158]] Sec. 535.4. Calculate credits for each fleet separately using the following equation: Total MY Fleet FCC (gallons) = (Std - Act) x (Volume) x (UL) x (10-2) Where: Std = Fleet average fuel consumption standard (gal/100 mile). Act = Fleet average actual fuel consumption value (gal/100 mile). Volume = the total U.S.-directed production of vehicles in the regulatory subcategory. UL = the useful life for the regulatory subcategory. The useful life value for heavy-pickup trucks and vans manufactured for model years 2013 through 2020 is equal to the 120,000 miles. The useful life for model years 2021 and later is equal to 150,000 miles. (2) Adjust the fuel consumption performance of subconfigurations with advanced technology for determining the fleet average actual fuel consumption value as specified in paragraph (f)(1) of this section and 40 CFR 86.1819-14(d)(7). Advanced technology vehicles can be separated in a different fleet for the purpose of applying credit incentives as described in paragraph (f)(1) of this section. (3) Adjust the fuel consumption performance for subconfigurations with innovative technology. A manufacturer is eligible to increase the fuel consumption performance of heavy-duty pickup trucks and vans in accordance with procedures established by EPA set forth in 40 CFR part 600. The eligibility of a manufacturer to increase its fuel consumption performance through use of an off-cycle technology requires an application request made to EPA and NHTSA in accordance with 40 CFR 86.1869-12 and an approval granted by the agencies. For off-cycle technologies that are covered under 40 CFR 86.1869-12, NHTSA will collaborate with EPA regarding NHTSA's evaluation of the specific off- cycle technology to ensure its impact on fuel consumption and the suitability of using the off-cycle technology to adjust fuel consumption performance. NHTSA will provide its views on the suitability of the technology for that purpose to EPA. NHTSA will apply the criteria in section (f) of this section in granting or denying off-cycle requests. (4) Fuel consumption credits may be generated for vehicles certified in model year 2013 to the model year 2014 standards in Sec. 535.5(a). If a manufacturer chooses to generate CO2 emission credits under EPA's provisions in 40 CFR part 86, it may also voluntarily generate early credits under the NHTSA fuel consumption program. To do so, a manufacturer must certify its entire U.S.-directed production volume of vehicles in its fleet. The same production volume restrictions specified in 40 CFR 1037.150(a)(2) relating to when test groups are certified apply to the NHTSA early credit provisions. Credits are calculated as specified in paragraph (b)(3) of this section relative to the fleet standard that would apply for model year 2014 using the model year 2013 production volumes. Surplus credits generated under this paragraph (b)(4) are available for banking or trading. Credit deficits for an averaging set prior to model year 2014 do not carry over to model year 2014. These credits may be used to show compliance with the standards of this part for 2014 and later model years. Once a manufacturer opts into the NHTSA program they must stay in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO2 emission program. (5) Calculate the averaging set credit value by summing together the fleet credits for conventional and advanced technology vehicles including any adjustments for innovative technologies. Manufacturers may sum conventional and innovative technology credits before adding any advanced technology credits in each averaging set. (6) For credits that manufacturers calculate based on a useful life of 120,000 miles, multiply any banked credits carried forward for use in model year 2021 and later by 1.25. For credit deficits that a manufacturer calculates based on a useful life of 120,000 miles and that it offsets with credits originally earned in model year 2021 and later, it multiplies the credit deficit by 1.25. (c) ABT provisions for vocational vehicles and tractors. (1) Calculate the fuel consumption credits in a model year [[Page 159]] for each participating family or subfamily consisting of conventional vehicles in each averaging set (as defined in Sec. 535.4) using the equation in this section. Each designated vehicle family or subfamily has a ``family emissions limit'' (FEL) that is compared to the associated regulatory subcategory standard. An FEL that falls below the regulatory subcategory standard creates ``positive credits,'' while fuel consumption level of a family group above the standard creates a ``negative credits.'' The value of credits generated for each family or subfamily in a model year is calculated as follows and must be rounded to nearest whole number: Vehicle Family FCC (gallons) = (Std - FEL) x (Payload) x (Volume) x (UL) x (10-\3\) Where: Std = the standard for the respective vehicle family regulatory subcategory (gal/1000 ton-mile). FEL = family emissions limit for the vehicle family (gal/1000 ton-mile). Payload = the prescribed payload in tons for each regulatory subcategory as shown in the following table: ------------------------------------------------------------------------ Regulatory subcategory Payload (tons) ------------------------------------------------------------------------ Vocational LHD Vehicles................................. 2.85 Vocational MHD Vehicles................................. 5.60 Vocational HHD Vehicles................................. 7.5 MDH Tractors............................................ 12.50 HHD Tractors, other than heavy-haul Tractors............ 19.00 Heavy-haul Tractors..................................... 43.00 ------------------------------------------------------------------------ Volume = the number of U.S.-directed production volume of vehicles in the corresponding vehicle family. UL = the useful life for the regulatory subcategory (miles) as shown in the following table: ------------------------------------------------------------------------ Regulatory subcategory UL (miles) ------------------------------------------------------------------------ LHD Vehicles.............................. 110,000 (Phase 1). 150,000 (Phase 2). Vocational MHD Vehicles and tractors at or 185,000. below 33,000 pounds GVWR. Vocation HHD Vehicles and tractors at or 435,000. above 33,000 pounds GVWR. ------------------------------------------------------------------------ (i) Calculate the value of credits generated in a model year for each family or subfamily consisting of vehicles with advanced technology vehicles in each averaging set using the equation above and the guidelines provided in paragraph (f)(1) of this section. Manufacturers may generate credits for advanced technology vehicles using incentives specified in paragraph (f)(1) of this section. (ii) Calculate the value of credits generated in a model year for each family or subfamily consisting of vehicles with off-cycle technology vehicles in each averaging set using the equation above and the guidelines provided in paragraph (f)(2) of this section. (2) Manufacturers must sum all negative and positive credits for each vehicle family within each applicable averaging set to obtain the total credit balance for the model year before rounding. The sum of fuel consumptions credits must be rounded to the nearest gallon. Calculate the total credits generated in a model year for each averaging set using the following equation: Total averaging set MY credits = [Sigma] Vehicle family credits within each averaging set (3) Manufacturers can sum conventional and innovative technology credits before adding any advanced technology credits in each averaging set. (4) If a manufacturer chooses to generate CO2 emission credits under EPA provisions of 40 CFR 1037.150(a), it may also voluntarily generate early credits under the NHTSA fuel consumption program as follows: (i) Fuel consumption credits may be generated for vehicles certified in model year 2013 to the model year 2014 standards in Sec. 535.5(b) and (c). To do so, a manufacturer must certify its entire U.S.-directed production volume of vehicles. The same production volume restrictions specified in 40 CFR 1037.150(a)(1) relating to when test groups are certified apply to the NHTSA early credit provisions. Credits are calculated as specified in paragraph (c)(11) of this section relative to the standards that would apply for model year 2014. Surplus credits generated under this paragraph (c)(4) may be increased by a factor of 1.5 for determining total available credits for banking or trading. For example, if a manufacturer has 10 gallons of surplus credits for model year 2013, it may bank 15 gallons of credits. Credit deficits for an averaging set prior to model year 2014 do not carry over to model year 2014. These credits may be used to [[Page 160]] show compliance with the standards of this part for 2014 and later model years. Once a manufacturer opts into the NHTSA program they must stay in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO2 emission program. (ii) A tractor manufacturer may generate fuel consumption credits for the number of additional SmartWay designated tractors (relative to its MY 2012 production), provided that credits are not generated for those vehicles under paragraph (c)(4)(i) of this section. Calculate credits for each regulatory sub-category relative to the standard that would apply in model year 2014 using the equations in paragraph (c)(2) of this section. Use a production volume equal to the number of verified model year 2013 SmartWay tractors minus the number of verified model year 2012 SmartWay tractors. A manufacturer may bank credits equal to the surplus credits generated under this paragraph multiplied by 1.50. A manufacturer's 2012 and 2013 model years must be equivalent in length. Once a manufacturer opts into the NHTSA program they must stay in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO2 emission program. (5) If a manufacturer generates credits from vehicles certified for advanced technology in accordance with paragraph (e)(1) of this section, a multiplier of 1.5 can be used, but this multiplier cannot be used on the same credits for which the early credit multiplier is used. (6) For model years 2012 and later, manufacturers may generate or use fuel consumption credits for averaging to demonstrate compliance with the alternative standards as described in Sec. 535.5(b)(6) of this part. Manufacturers can specify a Family Emission Limit (FEL) for fuel consumption for each vehicle subfamily. The FEL may not be less than the result of emissions and fuel consumption modeling as described in 40 CFR 1037.520 and Sec. 535.6. These FELs serve as the fuel consumption standards for the vehicle subfamily instead of the standards specified in this Sec. 535.5(b)(6). Manufacturers may not use averaging for motor homes, coach buses, emergency vehicles or concrete mixers meeting standards under Sec. 535.5(b)(5). (7) Manufacturers may not use averaging for vehicles meeting standards Sec. 535.5(b)(6)(iv) through (vi), and manufacturers may not use fuel consumption credits for banking or trading for any vehicles certified under Sec. 535.5(b)(6). (8) Manufacturers certifying any vehicles under Sec. 535.5(b)(6) must consider each separate vehicle type (or group of vehicle types) as a separate averaging set. (d) ABT provisions for heavy-duty engines. (1) Calculate the fuel consumption credits in a model year for each participating family or subfamily consisting of engines in each averaging set (as defined in Sec. 535.4) using the equation in this section. Each designated engine family has a ``family certification level'' (FCL) which is compared to the associated regulatory subcategory standard. A FCL that falls below the regulatory subcategory standard creates ``positive credits,'' while fuel consumption level of a family group above the standard creates a ``credit shortfall.'' The value of credits generated in a model year for each engine family or subfamily is calculated as follows and must be rounded to nearest whole number: Engine Family FCC (gallons) = (Std - FCL) x (CF) x (Volume) x (UL) x (10-2) Where: Std = the standard for the respective engine regulatory subcategory (gal/100 hp-hr). FCL = family certification level for the engine family (gal/100 hp-hr). CF= a transient cycle conversion factor in hp-hr/mile which is the integrated total cycle horsepower-hour divided by the equivalent mileage of the applicable test cycle. For engines subject to spark-ignition heavy-duty standards, the equivalent mileage is 6.3 miles. For engines subject to compression- ignition heavy-duty standards, the equivalent mileage is 6.5 miles. Volume = the number of engines in the corresponding engine family. UL = the useful life of the given engine family (miles) as shown in the following table: [[Page 161]] ------------------------------------------------------------------------ Regulatory subcategory UL (miles) ------------------------------------------------------------------------ SI and CI LHD Engines..................... 120,000 (Phase 1). 150,000 (Phase 2). CI MHD Engines............................ 185,000. CI HHD Engines............................ 435,000. ------------------------------------------------------------------------ (i) Calculate the value of credits generated in a model year for each family or subfamily consisting of engines with advanced technology vehicles in each averaging set using the equation above and the guidelines provided in paragraph (f)(1) of this section. Manufacturers may generate credits for advanced technology vehicles using incentives specified in paragraph (f)(1) of this section. (ii) Calculate the value of credits generated in a model year for each family or subfamily consisting of engines with off-cycle technology vehicles in each averaging set using the equation above and the guidelines provided in paragraph (f)(2) of this section. (2) Manufacturers shall sum all negative and positive credits for each engine family within the applicable averaging set to obtain the total credit balance for the model year before rounding. The sum of fuel consumptions credits should be rounded to the nearest gallon. Calculate the total credits generated in a model year for each averaging set using the following equation: Total averaging set MY credits = [Sigma] Engine family credits within each averaging set (3) The provisions of this section apply to manufacturers utilizing the compression-ignition engine voluntary alternate standard provisions specified in Sec. 535.5(d)(4) as follows: (i) Manufacturers may not certify engines to the alternate standards if they are part of an averaging set in which they carry a balance of banked credits. For purposes of this section, manufacturers are deemed to carry credits in an averaging set if they carry credits from advance technology that are allowed to be used in that averaging set. (ii) Manufacturers may not bank fuel consumption credits for any engine family in the same averaging set and model year in which it certifies engines to the alternate standards. This means a manufacturer may not bank advanced technology credits in a model year it certifies any engines to the alternate standards. (iii) Note that the provisions of paragraph (d)(10) of this section apply with respect to credit deficits generated while utilizing alternate standards. (4) Where a manufacturer has chosen to comply with the EPA alternative compression-ignition engine phase-in standard provisions in 40 CFR 1036.150(e), and has optionally decided to follow the same path under the NHTSA fuel consumption program, it must certify all of its model year 2013 compression-ignition engines within a given averaging set to the applicable alternative standards in Sec. 535.5(d)(5). Engines certified to these standards are not eligible for early credits under paragraph (d)(14) of this section. Credits are calculated using the same equation provided in paragraph (d)(11) of this section. (5) If a manufacturer chooses to generate early CO2 emission credits under EPA provisions of 40 CFR 1036.150, it may also voluntarily generate early credits under the NHTSA fuel consumption program. Fuel consumption credits may be generated for engines certified in model year 2013 (2015 for spark-ignition engines) to the standards in Sec. 535.5(d). To do so, a manufacturer must certify its entire U.S.- directed production volume of engines except as specified in 40 CFR 1036.150(a)(2). Credits are calculated as specified in paragraph (d)(11) of this section relative to the standards that would apply for model year 2014 (2016 for spark-ignition engines). Surplus credits generated under this paragraph (d)(3) may be increased by a factor of 1.5 for determining total available credits for banking or trading. For example, if a manufacturer has 10 gallons of surplus credits for model year 2013, it may bank 15 gallons of credits. Credit deficits for an averaging set prior to model year 2014 (2016 for spark-ignition engines) do not carry over to model year 2014 (2016 for spark-ignition engines). These credits may be used to show compliance with the standards of this part for 2014 and later model years. Once a manufacturer opts into the NHTSA program they must stay in the program for all of the optional model years and remain standardized with the [[Page 162]] same implementation approach being followed to meet the EPA CO2 emission program. (6) Manufacturers may generate fuel consumption credits from an engine family subject to spark-ignition standards for exchanging with other engine families only if the engines in the family are gasoline- fueled. (7) Engine credits generated for compression-ignition engines in the 2020 and earlier model years may be used in model year 2021 and later only if the credit-generating engines were certified to the tractor standards in Sec. 535.5(d) and 40 CFR 1036.108. Manufacturers may otherwise use fuel consumption credits generated in one model year without adjustment for certifying vehicles in a later model year, even if fuel consumption standards are different. (8) Engine families manufacturers certify with a nonconformance penalty under 40 CFR part 86, subpart L, and may not generate fuel consumption credits. (9) Alternate transition option for Phase 2 engine standards. The following provisions allow for enhanced generation and use of fuel consumption credits for manufacturers complying with engines standards in accordance with Sec. 535.7(d)(11): (i) If a manufacturer is eligible to certify all of its model year 2020 engines within the averaging set to the tractor and vocational vehicle engine standards in Sec. 535.5(d)(11) and the requirements applicable to model year 2021 engines, the banked and traded fuel consumption credits generated for model year 2018 through 2024 engines may be used through model year 2030 as specified in paragraph (d)(9)(ii) of this section or through a five-year credit life, whichever is later. (ii) Banked and traded fuel consumption credits generated under this paragraph (d)(9) for model year 2018 through 2024 engines may be used through model year 2030 with the extended credit life values shown in the table: ------------------------------------------------------------------------ Credit life for transition option Model year for phase 2 engine standards (years) ------------------------------------------------------------------------ 2018................................................. 12 2019................................................. 11 2020................................................. 10 2021................................................. 9 2022................................................. 8 2023................................................. 7 2024................................................. 6 2025 and later....................................... 5 ------------------------------------------------------------------------ (e) ABT provisions for trailers. (1) Manufacturers cannot use averaging for non-box trailers, partial-aero trailers, or non-aero trailers or cannot use fuel consumption credits for banking or trading. Starting in model year 2027, full aero box van manufactures may average, credits. (2) Calculate the fuel consumption credits in a model year for each participating family or subfamily consisting of full aero box trailers (vehicles) in each averaging set (as defined in Sec. 535.4) using the equation in this section. Each designated vehicle family or subfamily has a ``family emissions limit'' (FEL) which is compared to the associated regulatory subcategory standard. An FEL that falls below the regulatory subcategory standard creates ``positive credits,'' while fuel consumption level of a family group above the standard creates a ``negative credits.'' The value of credits generated for each family or subfamily in a model year is calculated as follows and must be rounded to nearest whole number: Vehicle Family FCC (gallons) = (Std - FEL) x (Payload) x (Volume) x (UL) x (10-3) Where: Std = the standard for the respective vehicle family regulatory subcategory (gal/1000 ton-mile). FEL = family emissions limit for the vehicle family (gal/1000 ton-mile). Payload = 10 tons for short box vans and 19 tons for other trailers. Volume = the number of U.S.-directed production volume of vehicles in the corresponding vehicle family. UL = the useful life for the regulatory subcategory. The useful life value for heavy-duty trailers is equal to 250,000 miles. (3) Trailer manufacturers may not generate advanced technology credits. [[Page 163]] (4) Manufacturers shall sum all negative and positive credits for each vehicle family within the applicable averaging set to obtain the total credit balance for the model year before rounding. Calculate the total credits generated in a model year for each averaging set using the following equation: Total averaging set MY credits = [Sigma] Vehicle family credits within each averaging set (5) Trailer manufacturers may not bank credits within an averaging set but surplus fuel consumption credits from a given model year may be used to offset deficits from earlier model years. (f) Additional credit provisions--(1) Advanced technology credits. (i) For the Phase 1 program, manufacturers of heavy-duty pickup trucks and vans, vocational vehicles, tractors and the associated engines showing improvements in CO2 emissions and fuel consumption using hybrid vehicles with regenerative braking, vehicles equipped with Rankine-cycle engines, electric vehicles and fuel cell vehicles are eligible for advanced technology credits. Manufacturers shall use sound engineering judgment to determine the performance of the vehicle or engine with advanced technology. Advanced technology credits for vehicles or engines complying with Phase 1 standards may be increased by a 1.5 multiplier. Manufacturers may not apply this multiplier in addition to any early-credit multipliers. The maximum amount of credits a manufacturer may bring into the service class group that contains the heavy-duty pickup and van averaging set is 5.89 [middot] 10\6\ gallons (for advanced technology credits based upon compression-ignition engines) or 6.76 [middot] 10\6\ gallons (for advanced technology credits based upon spark-ignition engines) per model year as specified in 40 CFR part 86 for heavy-duty pickup trucks and vans, 40 CFR 1036.740 for engines and 40 CFR 1037.740 for tractors and vocational vehicles. The specified limit does not cap the amount of advanced technology credits that can be used across averaging sets within the same service class group. Advanced technology credits can be used to offset negative credits in the same averaging set or other averaging sets. A manufacturer must first apply advanced technology credits to any deficits in the same averaging set before applying them to other averaging. (A) Heavy-duty pickup trucks and vans. For advanced technology systems (hybrid vehicles with regenerative braking, vehicles equipped with Rankine-cycle engines and fuel cell vehicles), calculate fleet- average performance rates consistent with good engineering judgment and the provisions of 40 CFR 86.1819-14 and 86.1865. (B) Tractors and vocational vehicles. For advanced technology system (hybrid vehicles with regenerative braking, vehicles equipped with Rankine-cycle engines and fuel cell vehicles), calculate the advanced technology credits as follows: (1) Measure the effectiveness of the advanced system by conducting A to B testing a vehicle equipped with the advanced system and an equivalent conventional system in accordance with 40 CFR 1037.615. (2) For purposes of this paragraph (f), a conventional vehicle is considered to be equivalent if it has the same footprint, intended vehicle service class, aerodynamic drag, and other relevant factors not directly related to the advanced system powertrain. If there is no equivalent vehicle, the manufacturer may create and test a prototype equivalent vehicle. The conventional vehicle is considered Vehicle A, and the advanced technology vehicle is considered Vehicle B. (3) The benefit associated with the advanced system for fuel consumption is determined from the weighted fuel consumption results from the chassis tests of each vehicle using the following equation: Benefit (gallon/1000 ton mile) = Improvement Factor x GEM Fuel Consumption Result__B Where: Improvement Factor = (Fuel Consumption__A-Fuel Consumption__B)/(Fuel Consumption__A). Fuel Consumption Rates A and B are the gallons per 1000 ton-mile of the conventional and advanced vehicles, respectively as measured under the test procedures specified by EPA. GEM Fuel Consumption Result B is the estimated gallons per 1000 ton- mile rate resulting from emission [[Page 164]] modeling of the advanced vehicle as specified in 40 CFR 1037.520 and Sec. 535.6(b). (4) Calculate the benefit in credits using the equation in paragraph (c) of this section and replacing the term (Std-FEL) with the benefit. (5) For electric vehicles calculate the fuel consumption credits using an FEL of 0 g/1000 ton-mile. (C) Heavy-duty engines. This section specifies how to generate advanced technology-specific fuel consumption credits for hybrid powertrains that include energy storage systems and regenerative braking (including regenerative engine braking) and for engines that include Rankine-cycle (or other bottoming cycle) exhaust energy recovery systems. (1) Pre-transmission hybrid powertrains are those engine systems that include features that recover and store energy during engine motoring operation but not from the vehicle wheels. These powertrains are tested using the hybrid engine test procedures of 40 CFR part 1065 or using the post-transmission test procedures. (2) Post-transmission hybrid powertrains are those powertrains that include features that recover and store energy from braking at the vehicle wheels. These powertrains are tested by simulating the chassis test procedure applicable for hybrid vehicles under 40 CFR 1037.550. (3) Test engines that include Rankine-cycle exhaust energy recovery systems according to the test procedures specified in 40 CFR part 1036, subpart F, unless EPA approves the manufacturer's alternate procedures. (D) Credit calculation. Calculate credits as specified in paragraph (c) of this section. Credits generated from engines and powertrains certified under this section may be used in other averaging sets as described in 40 CFR 1036.740(d). (ii) There are no separate credit allowances for advanced technology vehicles in the Phase 2 program. Instead, vehicle families containing plug-in battery electric hybrids, all-electric, and fuel cell vehicles certifying to Phase 2 vocational and tractor standards may multiply credits by a multiplier of: (A) 3.5 times for plug-in hybrid electric vehicles; (B) 4.5 times for all-electric vehicles; and (C) 5.5 times for fuel cell vehicles. (D) Incentivized credits for vehicles equipped with advanced technologies maintain the same credit flexibilities and restrictions as conventional credits specified in paragraph (a) of this section during the Phase 2 program. (E) For vocational vehicles and tractors subject to Phase 2 standards, create separate vehicle families if there is a credit multiplier for advanced technology; group those vehicles together in a vehicle family if they use the same multiplier. (F) For Phase 2 plug-in hybrid electric vehicles and for fuel cells powered by any fuel other than hydrogen, calculate fuel consumption credits using an FEL based on equivalent emission measurements from powertrain testing. Phase 2 advanced-technology credits do not apply for hybrid vehicles that have no plug-in capability. (2) Innovative and off-cycle technology credits. This provision allows fuel saving innovative and off-cycle engine and vehicle technologies to generate fuel consumption credits comparable to CO2 emission credits consistent with the provisions of 40 CFR 86.1819-14(d)(13) (for heavy-duty pickup trucks and vans), 40 CFR 1036.610 (for engines), and 40 CFR 1037.610 (for vocational vehicles and tractors). (i) For model years 2013 through 2020, manufacturers may generate innovative technology credits for introducing technologies that were not in-common use for heavy-duty tractor, vocational vehicles or engines before model year 2010 and that are not reflected in the EPA specified test procedures. Upon identification and joint approval with EPA, NHTSA will allow equivalent fuel consumption credits into its program to those allowed by EPA for manufacturers seeking to obtain innovative technology credits in a given model year. Such credits must remain within the same regulatory subcategory in which the credits were generated. NHTSA will adopt fuel consumption credits depending upon whether-- (A) The technology has a direct impact upon reducing fuel consumption performance; and [[Page 165]] (B) The manufacturer has provided sufficient information to make sound engineering judgments on the impact of the technology in reducing fuel consumption performance. (ii) For model years 2021 and later, manufacturers may generate off- cycle technology credits for introducing technologies that are not reflected in the EPA specified test procedures. Upon identification and joint approval with EPA, NHTSA will allow equivalent fuel consumption credits into its program to those allowed by EPA for manufacturers seeking to obtain innovative technology credits in a given model year. Such credits must remain within the same regulatory subcategory in which the credits were generated. NHTSA will adopt fuel consumption credits depending upon whether-- (A) The technology meets paragraph (f)(2)(i)(A) and (B) of this section. (B) For heavy-duty pickup trucks and vans, manufacturers using the 5-cycle test to quantify the benefit of a technology are not required to obtain approval from the agencies to generate results. (iii) The following provisions apply to all innovative and off-cycle technologies: (A) Technologies found to be defective, or identified as a part of NHTSA's safety defects program, and technologies that are not performing as intended will have the values of approved off-cycle credits removed from the manufacturer's credit balance. (B) Approval granted for innovative and off-cycle technology credits under NHTSA's fuel efficiency program does not affect or relieve the obligation to comply with the Vehicle Safety Act (49 U.S.C. Chapter 301), including the ``make inoperative'' prohibition (49 U.S.C. 30122), and all applicable Federal motor vehicle safety standards issued thereunder (FMVSSs) (49 CFR part 571). In order to generate off-cycle or innovative technology credits manufacturers must state-- (1) That each vehicle equipped with the technology for which they are seeking credits will comply with all applicable FMVSS(s); and (2) Whether or not the technology has a fail-safe provision. If no fail-safe provision exists, the manufacturer must explain why not and whether a failure of the innovative technology would affect the safety of the vehicle. (C) Manufacturers requesting approval for innovative technology credits are required to provide documentation in accordance with 40 CFR 86.1869-12, 1036.610, and 1037.610. (D) Credits will be accepted on a one-for-one basis expressed in terms of gallons in comparison to those approved by EPA. (E) For the heavy-duty pickup trucks and vans, the average fuel consumption will be calculated as a separate credit amount (rounded to the nearest whole number) using the following equation: Off-cycle FC credits = (CO2 Credit/CF) x Production x VLM Where: CO2 Credits = the credit value in grams per mile determined in 40 CFR 86.1869-12(c)(3), (d)(1), (d)(2) or (d)(3). CF = conversion factor, which for spark-ignition engines is 8,887 and for compression-ignition engines is 10,180. Production = the total production volume for the applicable category of vehicles VLM = vehicle lifetime miles, which for 2b-3 vehicles shall be 150,000 for the Phase 2 program. The term (CO2 Credit/CF) should be rounded to the nearest 0.0001 (F) NHTSA will not approve innovative technology credits for technology that is related to crash-avoidance technologies, safety critical systems or systems affecting safety-critical functions, or technologies designed for the purpose of reducing the frequency of vehicle crashes. (iv) Manufacturers normally may not calculate off-cycle credits or improvement factors under this section for technologies represented by GEM, but the agencies may allow a manufacturer to do so by averaging multiple GEM runs for special technologies for which a single GEM run cannot accurately reflect in-use performance. For example, if a manufacturer use an idle-reduction technology that is effective 80 percent of the time, the agencies may allow a manufacturer to run GEM with the technology active and with it inactive, and then apply an 80% weighting factor [[Page 166]] to calculate the off-cycle credit or improvement factor. A may need to perform testing to establish proper weighting factors or otherwise quantify the benefits of the special technologies. (v) A manufacturer may apply the off-cycle provisions of this paragraph (2) and 40 CFR 1037.610 to trailers as early as model year 2018 as follows: (A) A manufacturer may account for weight reduction based on measured values instead of using the weight reductions specified in 40 CFR 1037.515. Quantify the weight reduction by measuring the weight of a trailer in a certified configuration and comparing it to the weight of an equivalent trailer without weight-reduction technologies. This qualifies as A to B testing this part. Use good engineering judgment to select an equivalent trailer representing a baseline configuration. Use the calculated weight reduction in the equation specified in 40 CFR 1037.515 to calculate the trailer's CO2 emission rate and calculate an equivalent fuel consumption rate. (B) If a manufacturer's off-cycle technology reduces emissions and fuel consumption in a way that is proportional to measured rates as described in 40 CFR 1037.610(b)(1), multiply the trailer's CO2 fuel consumption rate by the appropriate improvement factor. (C) If a manufacturer's off-cycle technology does not yield emission and fuel consumption reductions that are proportional to measured rates, as described in 40 CFR 1037.610(b)(2), calculate an adjusted CO2 fuel consumption rate for trailers by subtracting the appropriate off-cycle credit. (vi) Carry-over Approval. Manufacturers may carry-over these credits into future model years as described below: (A) For model years before 2021, manufacturers may continue to use an approved improvement factor or credit for any appropriate engine or vehicle family in future model years through 2020. (B) For model years 2021 and later, manufacturers may not rely on an approval for model years before 2021. Manufacturers must separately request the agencies approval before applying an improvement factor or credit under this section for 2021 and later engines and vehicle, even if the agencies approve the improvement factor or credit for similar engine and vehicle models before model year 2021. (C) The following restrictions also apply to manufacturers seeking to continue to carryover the improvement factor (not the credit value) if-- (1) The FEL is generated by GEM or 5-cycle testing; (2) The technology is not changed or paired with any other off-cycle technology; (3) The improvement factor only applies to approved vehicle or engine families; (4) The agencies do not expect the technology to be incorporated into GEM at any point during the Phase 2 program; and (D) The documentation to carryover credits that would primarily justify the difference in fuel efficiency between real world and compliance protocols is the same for both Phase 1 and Phase 2 compliance protocols. The agencies must approve the justification. If the agencies do not approve the justification, the manufacturer must recertify. [81 FR 74238, Oct. 25, 2016, as amended at 85 FR 25274, Apr. 30, 2020] Sec. 535.8 Reporting and recordkeeping requirements. (a) General requirements. Manufacturers producing heavy-duty vehicles and engines applicable to fuel consumption standards in Sec. 535.5, for each given model year, must submit the required information as specified in paragraphs (b) through (h) of this section. (1) The information required by this part must be submitted by the deadlines specified in this section and must be based upon all the information and data available to the manufacturer 30 days before submitting information. (2) Manufacturers must submit information electronically through the EPA database system as the single point of entry for all information required for this national program and both agencies will have access to the information. In special circumstances, data may not be able to be received electronically (i.e., during database system development work). The agencies will [[Page 167]] inform manufacturer of the alternatives can be used for submitting information. The format for the required information will be specified by EPA in coordination with NHTSA. (3) Manufacturers providing incomplete reports missing any of the required information or providing untimely reports are considered as not complying with standards (i.e., if good-faith estimates of U.S.-directed production volumes for EPA certificates of conformity are not provided) and are liable to pay civil penalties in accordance with 49 U.S.C. 32912. (4) Manufacturers certifying a vehicle or engine family using an FEL or FCL below the applicable fuel consumption standard as described in Sec. 535.5 may choose not to generate fuel consumption credits for that family. In which case, the manufacturer is not required to submit reporting or keep the associated records described in this part for that family. (5) Manufacturers must use good engineering judgment and provide comparable fuel consumption information to that of the information or data provided to EPA under 40 CFR 86.1865, 1036.250, 1036.730, 1036.825 1037.250, 1037.730, and 1037.825. (6) Any information that must be sent directly to NHTSA. In instances in which EPA has not created an electronic pathway to receive the information, the information should be sent through an electronic portal identified by NHTSA or through the NHTSA CAFE database (i.e., information on fuel consumption credit transactions). If hardcopy documents must be sent, the information should be sent to the Associate Administrator of Enforcement at 1200 New Jersey Avenue, NVS-200, Office W45-306, SW., Washington, DC 20590. (b) Pre-model year reports. Manufacturers producing heavy-duty pickup trucks and vans must submit reports in advance of the model year providing early estimates demonstrating how their fleet(s) would comply with GHG emissions and fuel consumption standards. Note, the agencies understand that early model year reports contain estimates that may change over the course of a model year and that compliance information manufacturers submit prior to the beginning of a new model year may not represent the final compliance outcome. The agencies view the necessity for requiring early model reports as a manufacturer's good faith projection for demonstrating compliance with emission and fuel consumption standards. (1) Report deadlines. For model years 2013 and later, manufacturer of heavy-duty pickup trucks and vans complying with voluntary and mandatory standards must submit a pre-model year report for the given model year as early as the date of the manufacturer's annual certification preview meeting with EPA and NHTSA, or prior to submitting its first application for a certificate of conformity to EPA in accordance with 40 CFR 86.1819-14(d). For example, a manufacturer choosing to comply in model year 2014 could submit its pre-model year report during its precertification meeting which could occur before January 2, 2013, or could provide its pre-model year report any time prior to submitting its first application for certification for the given model year. (2) Contents. Each pre-model year report must be submitted including the following information for each model year. (i) A list of each unique subconfiguration in the manufacturer's fleet describing the make and model designations, attribute based-values (i.e., GVWR, GCWR, Curb Weight and drive configurations) and standards; (ii) The emission and fuel consumption fleet average standard derived from the unique vehicle configurations; (iii) The estimated vehicle configuration, test group and fleet production volumes; (iv) The expected emissions and fuel consumption test group results and fleet average performance; (v) If complying with MY 2013 fuel consumption standards, a statement must be provided declaring that the manufacturer is voluntarily choosing to comply early with the EPA and NHTSA programs. The manufacturers must also acknowledge that once selected, the decision cannot be reversed and the manufacturer will continue to comply with the fuel consumption standards for subsequent model years [[Page 168]] for all the vehicles it manufacturers in each regulatory category for a given model year; (vi) If complying with MYs 2014, 2015 or 2016 fuel consumption standards, a statement must be provided declaring whether the manufacturer will use fixed or increasing standards in accordance with Sec. 535.5(a). The manufacturer must also acknowledge that once selected, the decision cannot be reversed and the manufacturer must continue to comply with the same alternative for subsequent model years for all the vehicles it manufacturers in each regulatory category for a given model year; (vii) If complying with MYs 2014 or 2015 fuel consumption standards, a statement must be provided declaring that the manufacturer is voluntarily choosing to comply with NHTSA's voluntary fuel consumption standards in accordance with Sec. 535.5(a)(4). The manufacturers must also acknowledge that once selected, the decision cannot be reversed and the manufacturer will continue to comply with the fuel consumption standards for subsequent model years for all the vehicles it manufacturers in each regulatory category for a given model year; (viii) The list of Class 2b and 3 incomplete vehicles (cab-complete or chassis complete vehicles) and the method used to certify these vehicles as complete pickups and vans identifying the most similar complete sister- or other complete vehicles used to derive the target standards and performance test results; (ix) The list of Class 4 and 5 incomplete and complete vehicles and the method use to certify these vehicles as complete pickups and vans identifying the most similar complete or sister vehicles used to derive the target standards and performance test results; (x) List of loose engines included in the heavy-duty pickup and van category and the list of vehicles used to derive target standards and performance test results; (xi) Copy of any notices a vehicle manufacturer sends to the engine manufacturer to notify the engine manufacturers that their engines are subject to emissions and fuel consumption standards and that it intends to use their engines in excluded vehicles; (xii) A fuel consumption credit plan as specified Sec. 535.7(a) identifying the manufacturers estimated credit balances, planned credit flexibilities (i.e., credit balances, planned credit trading, innovative, advanced and early credits and etc.) and if needed a credit deficit plan demonstrating how it plans to resolve any credit deficits that might occur for a model year within a period of up to three model years after that deficit has occurred; and (xiii) The supplemental information specified in paragraph (h) of this section. Note to paragraph (b): NHTSA may also ask a manufacturer to provide additional information if necessary to verify compliance with the fuel consumption requirements of this section. (c) Applications for certificate of conformity. Manufacturers producing vocational vehicles, tractors and heavy-duty engines are required to submit applications for certificates of conformity to EPA in accordance with 40 CFR 1036.205 and 1037.205 in advance of introducing vehicles for commercial sale. Applications contain early model year information demonstrating how manufacturers plan to comply with GHG emissions. For model years 2013 and later, manufacturers of vocational vehicles, tractors and engine complying with NHTSA's voluntary and mandatory standards must submit applications for certificates of conformity in accordance through the EPA database including both GHG emissions and fuel consumption information for each given model year. (1) Submission deadlines. Applications are primarily submitted in advance of the given model year to EPA but cannot be submitted any later than December 31 of the given model year. (2) Contents. Each application for certificates of conformity submitted to EPA must include the following equivalent fuel consumption. (i) Equivalent fuel consumption values for emissions CO2 FCLs values used to certify each engine family in accordance with 40 CFR 1036.205(e). This provision applies only to manufacturers producing heavy-duty engines. (ii) Equivalent fuel consumption values for emission CO2 data engines used to comply with emission standards in [[Page 169]] 40 CFR 1036.108. This provision applies only to manufacturers producing heavy-duty engines. (iii) Equivalent fuel consumption values for emissions CO2 FELs values used to certify each vehicle families or subfamilies in accordance with 40 CFR 1037.205(k). This provision applies only to manufacturers producing vocational vehicles and tractors. (iv) Report modeling results for ten configurations in terms of CO2 emissions and equivalent fuel consumption results in accordance with 40 CFR 1037.205(o). Include modeling inputs and detailed descriptions of how they were derived. This provision applies only to manufacturers producing vocational vehicles and tractors. (v) Credit plans including the fuel consumption credit plan described in Sec. 535.7(a). (3) Additional supplemental information. Manufacturers are required to submit additional information as specified in paragraph (h) of this section for the NHTSA program before or at the same time it submits its first application for a certificate of conformity to EPA. Under limited conditions, NHTSA may also ask a manufacturer to provide additional information directly to the Administrator if necessary to verify the fuel consumption requirements of this regulation. (d) End of the Year (EOY) and Final reports. Heavy-duty vehicle and engine manufacturers participating in the ABT program are required to submit EOY and final reports containing information for NHTSA as specified in paragraph (d)(2) of this section and in accordance with 40 CFR 86.1865, 1036.730, and 1037.730. Only manufacturers without credit deficits may decide not to participate in the ABT or may waive the requirement to send an EOY report. The EOY and final reports are used to review a manufacturer's preliminary or final compliance information and to identify manufacturers that might have a credit deficit for the given model year. For model years 2013 and later, heavy-duty vehicle and engine manufacturers complying with NHTSA's voluntary and mandatory standards must submit EOY and final reports through the EPA database including both GHG emissions and fuel consumption information for each given model year. (1) Report deadlines. (i) For model year 2013 and later, heavy-duty vehicle and engine manufacturers complying with NHTSA voluntary and mandatory standards must submit EOY reports through the EPA database including both GHG emissions and fuel consumption information within 90 days after the end of the given model year and no later than March 31 of the next calendar year. (ii) For model year 2013 and later, heavy-duty vehicle and engine manufacturers complying with NHTSA voluntary and mandatory standards must submit final reports through the EPA database including both GHG emissions and fuel consumption information within 270 days after the end of the given model year and no later than September 30 of the next calendar year. (iii) A manufacturer may ask NHTSA and EPA to extend the deadline of a final report by up to 30 days. A manufacturer unable to provide, and requesting to omit an emissions rate or fuel consumption value from a final report must obtain approval from the agencies prior to the submission deadline of its final report. (iv) If a manufacturer expects differences in the information reported between the EOY and the final year report specified in 40 CFR 1036.730 and 1037.730, it must provide the most up-to-date fuel consumption projections in its final report and identify the information as preliminary. (v) If the manufacturer cannot provide any of the required fuel consumption information, it must state the specific reason for the insufficiency and identify the additional testing needed or explain what analytical methods are believed by the manufacturer will be necessary to eliminate the insufficiency and certify that the results will be available for the final report. (2) Contents. Each EOY and final report must be submitted including the following fuel consumption information for each model year. EOY reports contain preliminary final estimates and final reports must include the manufacturer's final compliance information. [[Page 170]] (i) Engine and vehicle family designations and averaging sets. (ii) Engine and vehicle regulatory subcategory and fuel consumption standards including any alternative standards used. (iii) Engine and vehicle family FCLs and FELs in terms of fuel consumption. (iv) Production volumes for engines and vehicles. (v) A summary as specified in paragraph (g)(7) of this section describing the vocational vehicles and vocational tractors that were exempted as heavy-duty off-road vehicles. This applies to manufacturers participating and not participating in the ABT program. (vi) A summary describing any advanced or innovative technology engines or vehicles including alternative fueled vehicles that were produced for the model year identifying the approaches used to determinate compliance and the production volumes. (vii) A list of each unique subconfiguration included in a manufacturer's fleet of heavy-duty pickup trucks and vans identifying the attribute based-values (GVWR, GCWR, Curb Weight, and drive configurations) and standards. This provision applies only to manufacturers producing heavy-duty pickup trucks and vans. (viii) The fuel consumption fleet average standard derived from the unique vehicle configurations. This provision applies only to manufacturers producing heavy-duty pickup trucks and vans. (ix) The subconfiguration and test group production volumes. This provision applies only to manufacturers producing heavy-duty pickup trucks and vans. (x) The fuel consumption test group results and fleet average performance. This provision applies only to manufacturers producing heavy-duty pickup trucks and vans. (xi) Manufacturers may correct errors in EOY and final reports as follows: (A) Manufacturers may correct any errors in their end-of-year report when preparing the final report, as long as manufacturers send us the final report by the time it is due. (B) If manufacturers or the agencies determine within 270 days after the end of the model year that errors mistakenly decreased he manufacturer's balance of fuel consumption credits, manufacturers may correct the errors and recalculate the balance of its fuel consumption credits. Manufacturers may not make any corrections for errors that are determined more than 270 days after the end of the model year. If manufacturers report a negative balance of fuel consumption credits, NHTSA may disallow corrections under this paragraph (d)(2)(xi)(B). (C) If manufacturers or the agencies determine any time that errors mistakenly increased its balance of fuel consumption credits, manufacturers must correct the errors and recalculate the balance of fuel consumption credits. (xii) Under limited conditions, NHTSA may also ask a manufacturer to provide additional information directly to the Administrator if necessary to verify the fuel consumption requirements of this regulation. (e) Amendments to applications for certification. At any time, a manufacturer modifies an application for certification in accordance with 40 CFR 1036.225 and 1037.225, it must submit GHG emissions changes with equivalent fuel consumption values for the information required in paragraphs (b) through (e) and (h) of this section. (f) Confidential information. Manufacturers must submit a request for confidentiality with each electronic submission specifying any part of the for information or data in a report that it believes should be withheld from public disclosure as trade secret or other confidential business information. Information submitted to EPA should follow EPA guidelines for treatment of confidentiality. Requests for confidential treatment for information submitted to NHTSA must be filed in accordance with the requirements of 49 CFR part 512, including submission of a request for confidential treatment and the information for which confidential treatment is requested as specified by part 512. For any information or data requested by the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 49 U.S.C. 32910(c), the manufacturer shall [[Page 171]] present arguments and provide evidence in its request for confidentiality demonstrating that-- (1) The item is within the scope of 5 U.S.C. 552(b)(4) and 49 U.S.C. 32910(c); (2) The disclosure of the information at issue would cause significant competitive damage; (3) The period during which the item must be withheld to avoid that damage; and (4) How earlier disclosure would result in that damage. (g) Additional required information. The following additional information is required to be submitted through the EPA database. NHTSA reserves the right to ask a manufacturer to provide additional information if necessary to verify the fuel consumption requirements of this regulation. (1) Small businesses. For model years 2013 through 2020, vehicles and engines produced by small business manufacturers meeting the criteria in 13 CFR 121.201 are exempted from the requirements of this part. Qualifying small business manufacturers must notify EPA and NHTSA Administrators before importing or introducing into U.S. commerce exempted vehicles or engines. This notification must include a description of the manufacturer's qualification as a small business under 13 CFR 121.201. Manufacturers must submit this notification to EPA, and EPA will provide the notification to NHTSA. The agencies may review a manufacturer's qualification as a small business manufacturer under 13 CFR 121.201. (2) Emergency vehicles. For model years 2021 and later, emergency vehicles produced by heavy-duty pickup truck and van manufacturers are exempted except those produced by manufacturers voluntarily complying with standards in Sec. 535.5(a). Manufacturers must notify the agencies in writing if using the provisions in Sec. 535.5(a) to produce exempted emergency vehicles in a given model year, either in the report specified in 40 CFR 86.1865 or in a separate submission. (3) Early introduction. The provision applies to manufacturers seeking to comply early with the NHTSA's fuel consumption program prior to model year 2014. The manufacturer must send the request to EPA before submitting its first application for a certificate of conformity. (4) NHTSA voluntary compliance model years. Manufacturers must submit a statement declaring whether the manufacturer chooses to comply voluntarily with NHTSA's fuel consumption standards for model years 2014 through 2015. The manufacturers must acknowledge that once selected, the decision cannot be reversed and the manufacturer will continue to comply with the fuel consumption standards for subsequent model years. The manufacturer must send the statement to EPA before submitting its first application for a certificate of conformity. (5) Alternative engine standards. Manufacturers choosing to comply with the alternative engine standards must notify EPA and NHTSA of their choice and include in that notification a demonstration that it has exhausted all available credits and credit opportunities. The manufacturer must send the statement to EPA before submitting its EOY report. (6) Alternate phase-in. Manufacturers choosing to comply with the alternative engine phase-in must notify EPA and NHTSA of their choice. The manufacturer must send the statement to EPA before submitting its first application for a certificate of conformity. (7) Off-road exclusion (tractors and vocational vehicles only). (i) Tractors and vocational vehicles primarily designed to perform work in off-road environments such as forests, oil fields, and construction sites may be exempted without request from the requirements of this regulation as specified in 49 CFR 523.2 and Sec. 535.5(b). Within 90 days after the end of each model year, manufacturers must send EPA and NHTSA through the EPA database a report with the following information: (A) A description of each excluded vehicle configuration, including an explanation of why it qualifies for this exclusion. (B) The number of vehicles excluded for each vehicle configuration. (ii) A manufacturer having an off-road vehicle failing to meet the criteria under the agencies' off-road exclusions will be allowed to request an [[Page 172]] exclusion of such a vehicle from EPA and NHTSA. The approval will be granted through the certification process for the vehicle family and will be done in collaboration between EPA and NHTSA in accordance with the provisions in 40 CFR 1037.150, 1037.210, and 1037.631. (8) Vocational tractors. Tractors intended to be used as vocational tractors may comply with vocational vehicle standards in Sec. 535.5(b). Manufacturers classifying tractors as vocational tractors must provide a description of how they meet the qualifications in their applications for certificates of conformity as specified in 40 CFR 1037.205. (9) Approval of alternate methods to determine drag coefficients (tractors only). Manufacturers seeking to use alternative methods to determine aerodynamic drag coefficients must provide a request and gain approval by EPA in accordance with 40 CFR 1037.525. The manufacturer must send the request to EPA before submitting its first application for a certificate of conformity. (10) Innovative and off-cycle technology credits. Manufacturers pursuing innovative and off-cycle technology credits must submit information to the agencies and may be subject to a public evaluation process in which the public would have opportunity for comment if the manufacturer is not using a test procedure in accordance with 40 CFR 1037.610(c). Whether the approach involves on-road testing, modeling, or some other analytical approach, the manufacturer would be required to present a final methodology to EPA and NHTSA. EPA and NHTSA would approve the methodology and credits only if certain criteria were met. Baseline emissions and fuel consumption and control emissions and fuel consumption would need to be clearly demonstrated over a wide range of real world driving conditions and over a sufficient number of vehicles to address issues of uncertainty with the data. Data would need to be on a vehicle model-specific basis unless a manufacturer demonstrated model- specific data was not necessary. The agencies may publish a notice of availability in the Federal Register notifying the public of a manufacturer's proposed alternative off-cycle credit calculation methodology and provide opportunity for comment. Any notice will include details regarding the methodology, but not include any Confidential Business Information. (11) Credit trades. If a manufacturer trades fuel consumption credits, it must send EPA and NHTSA a fuel consumption credit plan as specified in Sec. 535.7(a) and provide the following additional information: (i) As the seller, the manufacturer must include the following information: (A) The corporate names of the buyer and any brokers. (B) A copy of any contracts related to the trade. (C) The averaging set corresponding to the engine families that generated fuel consumption credits for the trade, including the number of fuel consumption credits from each averaging set. (ii) As the buyer, the manufacturer or entity must include the following information in its report: (A) The corporate names of the seller and any brokers. (B) A copy of any contracts related to the trade. (C) How the manufacturer or entity intends to use the fuel consumption credits, including the number of fuel consumption credits it intends to apply for each averaging set. (D) A copy of the contract with signatures from both the buyer and the seller. (12) Production reports. Within 90 days after the end of the model year and no later than March 31st, manufacturers participating and not- participating in the ABT program must send to EPA and NHTSA a report including the total U.S.-directed production volume of vehicles it produced in each vehicle and engine family during the model year (based on information available at the time of the report) as required by 40 CFR 1036.250 and 1037.250. Trailer manufacturers must include a separate report including the total U.S.-directed production volume of excluded trailers as allowed by Sec. 535.3(e). Each manufacturer shall report by vehicle or engine identification number and by configuration and identify the subfamily identifier. Report uncertified vehicles sold [[Page 173]] to secondary vehicle manufacturers. Small business manufacturers may omit reporting. Identify any differences between volumes included for EPA but excluded for NHTSA. (13) Transition to engine-based model years. The following provisions apply for production and ABT reports during the transition to engine-based model year determinations for tractors and vocational vehicles in 2020 and 2021: (i) If a manufacturer installs model year 2020 or earlier engines in the manufacturer's vehicles in calendar year 2020, include all those Phase 1 vehicles in its production and ABT reports related to model year 2020 compliance, although the agencies may require the manufacturer to identify these separately from vehicles produced in calendar year 2019. (ii) If a manufacturer installs model year 2020 engines in its vehicles in calendar year 2021, submit production and ABT reports for those Phase 1 vehicles separate from the reports it submits for Phase 2 vehicles with model year 2021 engines. (h) Public information. Based upon information submitted by manufacturers and EPA, NHTSA will publish fuel consumption standards and performance results. (i) Information received from EPA. NHTSA will receive information from EPA as specified in 40 CFR 1036.755 and 1037.755. (j) Recordkeeping. NHTSA has the same recordkeeping requirements as the EPA, specified in 40 CFR 86.1865-12(k), 1036.250, 1036.735, 1036.825, 1037.250, 1037.735, and 1037.825. The agencies each reserve the right to request information contained in reports separately. (1) Manufacturers must organize and maintain records for NHTSA as described in this section. NHTSA in conjunction or separately from EPA may review a manufacturers records at any time. (2) Keep the records required by this section for at least eight years after the due date for the end-of-year report. Manufacturers may not use fuel consumption credits for any engines if it does not keep all the records required under this section. Manufacturers must therefore keep these records to continue to bank valid credits. Store these records in any electronic format and on any media, as long as the manufacturer can promptly send the agencies organized records in English if the agencies ask for them. Manufacturers must keep these records readily available. NHTSA may review them at any time. (3) Keep a copy of the reports required in Sec. 535.8 and 40 CFR 1036.725,1036.730, 1037.725 and 1037.730. (4) Keep records of the vehicles and engine identification number (usually the serial number) for each vehicle and engine produced that generates or uses fuel consumption credits under the ABT program. Manufacturers may identify these numbers as a range. If manufacturers change the FEL after the start of production, identify the date started using each FEL/FCL and the range of vehicles or engine identification numbers associated with each FEL/FCL. Manufacturers must also identify the purchaser and destination for each vehicle and engine produced to the extent this information is available. (5) The agencies may require manufacturers to keep additional records or to send relevant information not required by this section in accordance with each agency's authority. (6) If collected separately and NHTSA finds that information is provided fraudulent or grossly negligent or otherwise provided in bad faith, the manufacturer may be liable to civil penalties in accordance with each agency's authority. Sec. 535.9 Enforcement approach. (a) Compliance. (1) Each year NHTSA will assess compliance with fuel consumption standards as specified in Sec. 535.10. (i) NHTSA may conduct audits or verification testing prior to first sale throughout a given model year or after the model year in order to validate data received from manufacturers and will discuss any potential issues with EPA and the manufacturer. Audits may periodically be performed to confirm manufacturers credit balances or other credit transactions. (ii) NHTSA may also conduct field inspections either at manufacturing plants or at new vehicle dealerships to [[Page 174]] validate data received from manufacturers. Field inspections will be carried out in order to validate the condition of vehicles, engines or technology prior to first commercial sale to verify each component's certified configuration as initially built. NHTSA reserves the right to conduct inspections at other locations but will target only those components for which a violation would apply to OEMs and not the fleets or vehicle owners. Compliance inspections could be carried out through a number of approaches including during safety inspections or during compliance safety testing. (iii) NHTSA will conduct audits and inspections in the same manner and, when possible, in conjunction with EPA. NHTSA will also attempt to coordinate inspections with EPA and share results. (iv) Documents collected under NHTSA safety authority may be used to support fuel efficiency audits and inspections. (2) At the end of each model year NHTSA will confirm a manufacturer's fleet or family performance values against the applicable standards and, if a manufacturer uses a credit flexibility, the amount of credits in each averaging set. The averaging set balance is based upon the engines or vehicles performance above or below the applicable regulatory subcategory standards in each respective averaging set and any credits that are traded into or out of an averaging set during the model year. (i) If the balance is positive, the manufacturer is designated as having a credit surplus. (ii) If the balance is negative, the manufacturer is designated as having a credit deficit. (iii) NHTSA will provide notification to each manufacturer confirming its credit balance(s) after the end of each model year directly or through EPA. (3) Manufacturer are required to confirm the negative balance and submit a fuel consumption credit plan as specified in Sec. 535.7(a) along with supporting documentation indicating how it will allocate existing credits or earn (providing information on future vehicles, engines or technologies), and/or acquire credits, or else be liable for a civil penalty as determined in paragraph (b) of this section. The manufacturer must submit the information within 60 days of receiving agency notification. (4) Credit shortfall within an averaging set may be carried forward only three years, and if not offset by earned or traded credits, the manufacturer may be liable for a civil penalty as described in paragraph (b) of this section. (5) Credit allocation plans received from a manufacturer will be reviewed and approved by NHTSA. NHTSA will approve a credit allocation plan unless it determines that the proposed credits are unavailable or that it is unlikely that the plan will result in the manufacturer earning or acquiring sufficient credits to offset the subject credit shortfall. In the case where a manufacturer submits a plan to acquire future model year credits earned by another manufacturer, NHTSA will require a signed agreement by both manufacturers to initiate a review of the plan. If a plan is approved, NHTSA will revise the respective manufacturer's credit account accordingly by identifying which existing or traded credits are being used to address the credit shortfall, or by identifying the manufacturer's plan to earn future credits for addressing the respective credit shortfall. If a plan is rejected, NHTSA will notify the respective manufacturer and request a revised plan. The manufacturer must submit a revised plan within 14 days of receiving agency notification. The agency will provide a manufacturer one opportunity to submit a revised credit allocation plan before it initiates civil penalty proceedings. (6) For purposes of this regulation, NHTSA will treat the use of future credits for compliance, as through a credit allocation plan, as a deferral of civil penalties for non-compliance with an applicable fuel consumption standard. (7) If NHTSA receives and approves a manufacturer's credit allocation plan to earn future credits within the following three model years in order to comply with regulatory obligations, NHTSA will defer levying civil penalties for non-compliance until the date(s) when the manufacturer's approved plan indicates that credits will [[Page 175]] be earned or acquired to achieve compliance, and upon receiving confirmed CO2 emissions and fuel consumption data from EPA. If the manufacturer fails to acquire or earn sufficient credits by the plan dates, NHTSA will initiate civil penalty proceedings. (8) In the event that NHTSA fails to receive or is unable to approve a plan for a non-compliant manufacturer due to insufficiency or untimeliness, NHTSA may initiate civil penalty proceedings. (9) In the event that a manufacturer fails to report accurate fuel consumption data for vehicles or engines covered under this rule, noncompliance will be assumed until corrected by submission of the required data, and NHTSA may initiate civil penalty proceedings. (10) If EPA suspends or revoke a certificate of conformity as specified in 40 CFR 1036.255 or 1037.255, and a manufacturer is unable to take a corrective action allowed by EPA, noncompliance will be assumed, and NHTSA may initiate civil penalty proceedings or revoke fuel consumption credits. (b) Civil penalties--(1) Generally. NHTSA may assess a civil penalty for any violation of this part under 49 U.S.C. 32902(k). This section states the procedures for assessing civil penalties for violations of Sec. 535.3(h). The provisions of 5 U.S.C. 554, 556, and 557 do not apply to any proceedings conducted pursuant to this section. (2) Initial determination of noncompliance. An action for civil penalties is commenced by the execution of a Notice of Violation. A determination by NHTSA's Office of Enforcement of noncompliance with applicable fuel consumption standards utilizing the certified and reported CO2 emissions and fuel consumption data provided by the Environmental Protection Agency as described in this part, and after considering all the flexibilities available under Sec. 535.7, underlies a Notice of Violation. If NHTSA Enforcement determines that a manufacturer's averaging set of vehicles or engines fails to comply with the applicable fuel consumption standard(s) by generating a credit shortfall, the incomplete vehicle, complete vehicle or engine manufacturer, as relevant, shall be subject to a civil penalty. (3) Numbers of violations and maximum civil penalties. Any violation shall constitute a separate violation with respect to each vehicle or engine within the applicable regulatory averaging set. The maximum civil penalty is not more than $37,500.00 per vehicle or engine. The maximum civil penalty under this section for a related series of violations shall be determined by multiplying $37,500.00 times the vehicle or engine production volume for the model year in question within the regulatory averaging set. NHTSA may adjust this civil penalty amount to account for inflation. (4) Factors for determining penalty amount. In determining the amount of any civil penalty proposed to be assessed or assessed under this section, NHTSA shall take into account the gravity of the violation, the size of the violator's business, the violator's history of compliance with applicable fuel consumption standards, the actual fuel consumption performance related to the applicable standards, the estimated cost to comply with the regulation and applicable standards, the quantity of vehicles or engines not complying, and the effect of the penalty on the violator's ability to continue in business. The ``estimated cost to comply with the regulation and applicable standards,'' will be used to ensure that penalties for non-compliance will not be less than the cost of compliance. (5) NHTSA enforcement report of determination of non-compliance. (i) If NHTSA Enforcement determines that a violation has occurred, NHTSA Enforcement may prepare a report and send the report to the NHTSA Chief Counsel. (ii) The NHTSA Chief Counsel will review the report prepared by NHTSA Enforcement to determine if there is sufficient information to establish a likely violation. (iii) If the Chief Counsel determines that a violation has likely occurred, the Chief Counsel may issue a Notice of Violation to the party. (iv) If the Chief Counsel issues a Notice of Violation, he or she will prepare a case file with recommended actions. A record of any prior violations by the [[Page 176]] same party shall be forwarded with the case file. (6) Notice of violation. (i) The Notice of Violation will contain the following information: (A) The name and address of the party; (B) The alleged violation(s) and the applicable fuel consumption standard(s) violated; (C) The amount of the proposed penalty and basis for that amount; (D) The place to which, and the manner in which, payment is to be made; (E) A statement that the party may decline the Notice of Violation and that if the Notice of Violation is declined within 30 days of the date shown on the Notice of Violation, the party has the right to a hearing, if requested within 30 days of the date shown on the Notice of Violation, prior to a final assessment of a penalty by a Hearing Officer; and (F) A statement that failure to either pay the proposed penalty or to decline the Notice of Violation and request a hearing within 30 days of the date shown on the Notice of Violation will result in a finding of violation by default and that NHTSA will proceed with the civil penalty in the amount proposed on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart. (ii) The Notice of Violation may be delivered to the party by-- (A) Mailing to the party (certified mail is not required); (B) Use of an overnight or express courier service; or (C) Facsimile transmission or electronic mail (with or without attachments) to the party or an employee of the party. (iii) At any time after the Notice of Violation is issued, NHTSA and the party may agree to reach a compromise on the payment amount. (iv) Once a penalty amount is paid in full, a finding of ``resolved with payment'' will be entered into the case file. (v) If the party agrees to pay the proposed penalty, but has not made payment within 30 days of the date shown on the Notice of Violation, NHTSA will enter a finding of violation by default in the matter and NHTSA will proceed with the civil penalty in the amount proposed on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart. (vi) If within 30 days of the date shown on the Notice of Violation a party fails to pay the proposed penalty on the Notice of Violation, and fails to request a hearing, then NHTSA will enter a finding of violation by default in the case file, and will assess the civil penalty in the amount set forth on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart. (vii) NHTSA's order assessing the civil penalty following a party's default is a final agency action. (7) Hearing Officer. (i) If a party timely requests a hearing after receiving a Notice of Violation, a Hearing Officer shall hear the case. (ii) The Hearing Officer will be appointed by the NHTSA Administrator, and is solely responsible for the case referred to him or her. The Hearing Officer shall have no other responsibility, direct or supervisory, for the investigation of cases referred for the assessment of civil penalties. The Hearing Officer shall have no duties related to the light-duty fuel economy or medium- and heavy-duty fuel efficiency programs. (iii) The Hearing Officer decides each case on the basis of the information before him or her. (8) Initiation of action before the Hearing Officer. (i) After the Hearing Officer receives the case file from the Chief Counsel, the Hearing Officer notifies the party in writing of-- (A) The date, time, and location of the hearing and whether the hearing will be conducted telephonically or at the DOT Headquarters building in Washington, DC; (B) The right to be represented at all stages of the proceeding by counsel as set forth in paragraph (b)(9) of this section; and (C) The right to a free copy of all written evidence in the case file. (ii) On the request of a party, or at the Hearing Officer's direction, multiple proceedings may be consolidated [[Page 177]] if at any time it appears that such consolidation is necessary or desirable. (9) Counsel. A party has the right to be represented at all stages of the proceeding by counsel. A party electing to be represented by counsel must notify the Hearing Officer of this election in writing, after which point the Hearing Officer will direct all further communications to that counsel. A party represented by counsel bears all of its own attorneys' fees and costs. (10) Hearing location and costs. (i) Unless the party requests a hearing at which the party appears before the Hearing Officer in Washington, DC, the hearing may be held telephonically. In Washington, DC, the hearing is held at the headquarters of the U.S. Department of Transportation. (ii) The Hearing Officer may transfer a case to another Hearing Officer at a party's request or at the Hearing Officer's direction. (iii) A party is responsible for all fees and costs (including attorneys' fees and costs, and costs that may be associated with travel or accommodations) associated with attending a hearing. (11) Hearing procedures. (i) There is no right to discovery in any proceedings conducted pursuant to this subpart. (ii) The material in the case file pertinent to the issues to be determined by the Hearing Officer is presented by the Chief Counsel or his or her designee. (iii) The Chief Counsel may supplement the case file with information prior to the hearing. A copy of such information will be provided to the party no later than three business days before the hearing. (iv) At the close of the Chief Counsel's presentation of evidence, the party has the right to examine respond to and rebut material in the case file and other information presented by the Chief Counsel. In the case of witness testimony, both parties have the right of cross- examination. (v) In receiving evidence, the Hearing Officer is not bound by strict rules of evidence. In evaluating the evidence presented, the Hearing Officer must give due consideration to the reliability and relevance of each item of evidence. (vi) At the close of the party's presentation of evidence, the Hearing Officer may allow the introduction of rebuttal evidence that may be presented by the Chief Counsel. (vii) The Hearing Officer may allow the party to respond to any rebuttal evidence submitted. (viii) After the evidence in the case has been presented, the Chief Counsel and the party may present arguments on the issues in the case. The party may also request an opportunity to submit a written statement for consideration by the Hearing Officer and for further review. If granted, the Hearing Officer shall allow a reasonable time for submission of the statement and shall specify the date by which it must be received. If the statement is not received within the time prescribed, or within the limits of any extension of time granted by the Hearing Officer, it need not be considered by the Hearing Officer. (ix) A verbatim transcript of the hearing will not normally be prepared. A party may, solely at its own expense, cause a verbatim transcript to be made. If a verbatim transcript is made, the party shall submit two copies to the Hearing Officer not later than 15 days after the hearing. The Hearing Officer shall include such transcript in the record. (12) Determination of violations and assessment of civil penalties. (i) Not later than 30 days following the close of the hearing, the Hearing Officer shall issue a written decision on the Notice of Violation, based on the hearing record. This may be extended by the Hearing officer if the submissions by the Chief Counsel or the party are voluminous. The decision shall address each alleged violation, and may do so collectively. For each alleged violation, the decision shall find a violation or no violation and provide a basis for the finding. The decision shall set forth the basis for the Hearing Officer's assessment of a civil penalty, or decision not to assess a civil penalty. In determining the amount of the civil penalty, the gravity of the violation, the size of the violator's business, the violator's history of compliance with applicable fuel consumption standards, the actual fuel consumption performance related to [[Page 178]] the applicable standard, the estimated cost to comply with the regulation and applicable standard, the quantity of vehicles or engines not complying, and the effect of the penalty on the violator's ability to continue in business. The assessment of a civil penalty by the Hearing Officer shall be set forth in an accompanying final order. The Hearing Officer's written final order is a final agency action. (ii) If the Hearing Officer assesses civil penalties in excess of $1,000,000, the Hearing Officer's decision shall contain a statement advising the party of the right to an administrative appeal to the Administrator within a specified period of time. The party is advised that failure to submit an appeal within the prescribed time will bar its consideration and that failure to appeal on the basis of a particular issue will constitute a waiver of that issue in its appeal before the Administrator. (iii) The filing of a timely and complete appeal to the Administrator of a Hearing Officer's order assessing a civil penalty shall suspend the operation of the Hearing Officer's penalty, which shall no longer be a final agency action. (iv) There shall be no administrative appeals of civil penalties assessed by a Hearing Officer of less than $1,000,000. (13) Appeals of civil penalties in excess of $1,000,000. (i) A party may appeal the Hearing Officer's order assessing civil penalties over $1,000,000 to the Administrator within 21 days of the date of the issuance of the Hearing Officer's order. (ii) The Administrator will review the decision of the Hearing Officer de novo, and may affirm the decision of the hearing officer and assess a civil penalty, or (iii) The Administrator may-- (A) Modify a civil penalty; (B) Rescind the Notice of Violation; or (C) Remand the case back to the Hearing Officer for new or additional proceedings. (iv) In the absence of a remand, the decision of the Administrator in an appeal is a final agency action. (14) Collection of assessed or compromised civil penalties. (i) Payment of a civil penalty, whether assessed or compromised, shall be made by check, postal money order, or electronic transfer of funds, as provided in instructions by the agency. A payment of civil penalties shall not be considered a request for a hearing. (ii) The party must remit payment of any assessed civil penalty to NHTSA within 30 days after receipt of the Hearing Officer's order assessing civil penalties, or, in the case of an appeal to the Administrator, within 30 days after receipt of the Administrator's decision on the appeal. (iii) The party must remit payment of any compromised civil penalty to NHTSA on the date and under such terms and conditions as agreed to by the party and NHTSA. Failure to pay may result in NHTSA entering a finding of violation by default and assessing a civil penalty in the amount proposed in the Notice of Violation without processing the violation under the hearing procedures set forth in this part. (c) Changes in corporate ownership and control. Manufacturers must inform NHTSA of corporate relationship changes to ensure that credit accounts are identified correctly and credits are assigned and allocated properly. (1) In general, if two manufacturers merge in any way, they must inform NHTSA how they plan to merge their credit accounts. NHTSA will subsequently assess corporate fuel consumption and compliance status of the merged fleet instead of the original separate fleets. (2) If a manufacturer divides or divests itself of a portion of its automobile manufacturing business, it must inform NHTSA how it plans to divide the manufacturer's credit holdings into two or more accounts. NHTSA will subsequently distribute holdings as directed by the manufacturer, subject to provision for reasonably anticipated compliance obligations. (3) If a manufacturer is a successor to another manufacturer's business, it must inform NHTSA how it plans to allocate credits and resolve liabilities per 49 CFR part 534. [[Page 179]] Sec. 535.10 How do manufacturers comply with fuel consumption standards? (a) Pre-certification process. (1) Regulated manufacturers determine eligibility to use exemptions or exclusions in accordance with Sec. 535.3. (2) Manufacturers may seek preliminary approvals as specified in 40 CFR 1036.210 and 40 CFR 1037.210 from EPA and NHTSA, if needed. Manufacturers may request to schedule pre-certification meetings with EPA and NHTSA prior to submitting approval requests for certificates of conformity to address any joint compliance issues and gain informal feedback from the agencies. (3) The requirements and prohibitions required by EPA in special circumstances in accordance with 40 CFR 1037.601 and 40 CFR part 1068 apply to manufacturers for the purpose of complying with fuel consumption standards. Manufacturers should use good judgment when determining how EPA requirements apply in complying with the NHTSA program. Manufacturers may contact NHTSA and EPA for clarification about how these requirements apply to them. (4) In circumstances in which EPA provides multiple compliance approaches manufacturers must choose the same compliance path to comply with NHTSA's fuel consumption standards that they choose to comply with EPA's greenhouse gas emission standards. (5) Manufacturers may not introduce new vehicles into commerce without a certificate of conformity from EPA. Manufacturers must attest to several compliance standards in order to obtain a certificate of conformity. This includes stating comparable fuel consumption results for all required CO2 emissions rates. Manufacturers not completing these steps do not comply with the NHTSA fuel consumption standards. (6) Manufacturers apply the fuel consumption standards specified in Sec. 535.5 to vehicles, engines and components that represent production units and components for vehicle and engine families, sub- families and configurations consistent with the EPA specifications in 40 CFR 86.1819, 1036.230, and 1037.230. (7) Only certain vehicles and engines are allowed to comply differently between the NHTSA and EPA programs as detailed in this section. These vehicles and engines must be identified by manufacturers in the ABT and production reports required in Sec. 535.8. (b) Model year compliance. Manufacturers are required to conduct testing to demonstrate compliance with CO2 exhaust emissions standards in accordance with EPA's provisions in 40 CFR part 600, subpart B, 40 CFR 1036, subpart F, 40 CFR part 1037, subpart R, and 40 CFR part 1066. Manufacturers determine equivalent fuel consumption performance values for CO2 results as specified in Sec. 535.6 and demonstrate compliance by comparing equivalent results to the applicable fuel consumption standards in Sec. 535.5. (c) End-of-the-year process. Manufacturers comply with fuel consumption standards after the end of each model year, if-- (1) For heavy-duty pickup trucks and vans, the manufacturer's fleet average performance, as determined in Sec. 535.6, is less than the fleet average standard; or (2) For truck tractors, vocational vehicles, engines and box trailers the manufacturer's fuel consumption performance for each vehicle or engine family (or sub-family), as determined in Sec. 535.6, is lower than the applicable regulatory subcategory standards in Sec. 535.5. (3) For non-box and non-aero trailers, a manufacturer is considered in compliance with fuel consumption standards if all trailers meet the specified standards in Sec. 535.5(e)(1)(i). (4) NHTSA will use the EPA final verified values as specified in 40 CFR 86.1819, 40 CFR 1036.755, and 1037.755 for making final determinations on whether vehicles and engines comply with fuel consumption standards. (5) A manufacturer fails to comply with fuel consumption standards if its final reports are not provided in accordance with Sec. 535.8 and 40 CFR 86.1865, 1036.730, and 1037.730. Manufacturers not providing complete or accurate final reports or any plans by the required deadlines do not comply with fuel consumption standards. A manufacturer that is unable to provide any [[Page 180]] emissions results along with comparable fuel consumption values must obtain permission for EPA to exclude the results prior to the deadline for submitting final reports. (6) A manufacturer that would otherwise fail to directly comply with fuel consumption standards as described in paragraphs (c)(1) through (3) of this section may use one or more of the credit flexibilities provided under the NHTSA averaging, banking and trading program, as specified in Sec. 535.7, but must offset all credit deficits in its averaging sets to achieve compliance. (7) A manufacturer failing to comply with the provisions specified in this part may be liable to pay civil penalties in accordance with Sec. 535.9. (8) A manufacturer may also be liable to pay civil penalties if found by EPA or NHTSA to have provided false information as identified through NHTSA or EPA enforcement audits or new vehicle verification testing as specified in Sec. 535.9 and 40 CFR parts 86, 1036, and 1037. PART 536_TRANSFER AND TRADING OF FUEL ECONOMY CREDITS--Table of Contents Sec. 536.1 Scope. 536.2 Application. 536.3 Definitions. 536.4 Credits. 536.5 Trading infrastructure. 536.6 Treatment of credits earned prior to model year 2011. 536.7 Treatment of carryback credits. 536.8 Conditions for trading of credits. 536.9 Use of credits with regard to the domestically manufactured passenger automobile minimum standard. 536.10 Treatment of dual-fuel and alternative fuel vehicles--consistency with 49 CFR part 538. Authority: 49 U.S.C. 32903; delegation of authority at 49 CFR 1.95. Source: 87 FR 26082, May 2, 2022, unless otherwise noted. Sec. 536.1 Scope. This part establishes regulations governing the use and application of corporate average fuel economy (CAFE) credits up to three model years before and five model years after the model year in which the credit was earned. It also specifies requirements for manufacturers wishing to transfer fuel economy credits between their fleets and for manufacturers and other persons wishing to trade fuel economy credits to achieve compliance with prescribed fuel economy standards. Sec. 536.2 Application. This part applies to all credits earned (and transferable and tradable) for exceeding applicable average fuel economy standards in a given model year for domestically manufactured passenger cars, imported passenger cars, and light trucks. Sec. 536.3 Definitions. (a) Statutory terms. All terms defined in 49 U.S.C. 32901(a) are used pursuant to their statutory meaning. (b) Other terms. (1) Above standard fuel economy means, with respect to a compliance category, that the automobiles manufactured by a manufacturer in that compliance category in a particular model year have greater average fuel economy (calculated in a manner that reflects the incentives for alternative fuel automobiles per 49 U.S.C. 32905) than that manufacturer's fuel economy standard for that compliance category and model year. (2) Adjustment factor means a factor used to adjust the value of a traded or transferred credit for compliance purposes to ensure that the compliance value of the credit when used reflects the total volume of oil saved when the credit was earned. (3) Below standard fuel economy means, with respect to a compliance category, that the automobiles manufactured by a manufacturer in that compliance category in a particular model year have lower average fuel economy (calculated in a manner that reflects the incentives for alternative fuel automobiles per 49 U.S.C. 32905) than that manufacturer's fuel economy standard for that compliance category and model year. (4) Compliance means a manufacturer achieves compliance in a particular compliance category when: (i) The average fuel economy of the vehicles in that category exceed or meet the fuel economy standard for that category; or [[Page 181]] (ii) The average fuel economy of the vehicles in that category do not meet the fuel economy standard for that category, but the manufacturer proffers a sufficient number of valid credits, adjusted for total oil savings, to cover the gap between the average fuel economy of the vehicles in that category and the required average fuel economy. A manufacturer achieves compliance for its fleet if the conditions in paragraph (b)(4)(i) of this section or this paragraph (b)(4)(ii) are simultaneously met for all compliance categories. (5) Compliance category means any of three categories of automobiles subject to Federal fuel economy regulations in this chapter. The three compliance categories recognized by 49 U.S.C. 32903(g)(6) are domestically manufactured passenger automobiles, imported passenger automobiles, and non-passenger automobiles (``light trucks''). (6) Credit holder (or holder) means a legal person that has valid possession of credits, either because they are a manufacturer who has earned credits by exceeding an applicable fuel economy standard in this chapter, or because they are a designated recipient who has received credits from another holder. Credit holders need not be manufacturers, although all manufacturers may be credit holders. (7) Credits (or fuel economy credits) means an earned or purchased allowance recognizing that the average fuel economy of a particular manufacturer's vehicles within a particular compliance category and model year exceeds that manufacturer's fuel economy standard for that compliance category and model year. One credit is equal to \1/10\ of a mile per gallon above the fuel economy standard per one vehicle within a compliance category. Credits are denominated according to model year in which they are earned (vintage), originating manufacturer, and compliance category. (8) Expiry date means the model year after which fuel economy credits may no longer be used to achieve compliance with fuel economy regulations in this chapter. Expiry dates are calculated in terms of model years: For example, if a manufacturer earns credits for model year 2011, these credits may be used for compliance in model years 2008-2016. (9) Fleet means all automobiles that are manufactured by a manufacturer in a particular model year and are subject to fuel economy standards under parts 531 and 533 of this chapter. For the purposes of this part, a manufacturer's fleet means all domestically manufactured and imported passenger automobiles and non-passenger automobiles (``light trucks''). ``Work trucks'' and medium and heavy trucks are not included in this definition for purposes of this part. (10) Light truck means the same as ``non-passenger automobile,'' as that term is defined in 49 U.S.C. 32901(a)(17), and as ``light truck,'' as that term is defined at Sec. 523.5 of this chapter. (11) Originating manufacturer means the manufacturer that originally earned a particular credit. Each credit earned will be identified with the name of the originating manufacturer. (12) Trade means the receipt by the National Highway Traffic Administration (NHTSA) of an instruction from a credit holder to place one of its credits in the account of another credit holder. A credit that has been traded can be identified because the originating manufacturer will be a different party than the current credit holder. Traded credits are moved from one credit holder to the recipient credit holder within the same compliance category for which the credits were originally earned. If a credit has been traded to another credit holder and is subsequently traded back to the originating manufacturer, it will be deemed not to have been traded for compliance purposes. (13) Transfer means the application by a manufacturer of credits earned by that manufacturer in one compliance category or credits acquired be trade (and originally earned by another manufacturer in that category) to achieve compliance with fuel economy standards with respect to a different compliance category. For example, a manufacturer may purchase light truck credits from another manufacturer, and transfer them to achieve compliance in the manufacturer's domestically manufactured passenger car fleet. Subject to the credit transfer limitations of 49 U.S.C. 32903(g)(3), credits can [[Page 182]] also be transferred across compliance categories and banked or saved in that category to be carried forward or backwards later to address a credit shortfall. (14) Vintage means, with respect to a credit, the model year in which the credit was earned. Sec. 536.4 Credits. (a) Type and vintage. All credits are identified and distinguished in the accounts by originating manufacturer, compliance category, and model year of origin (vintage). (b) Application of credits. All credits earned and applied are calculated, per 49 U.S.C. 32903(c), in tenths of a mile per gallon by which the average fuel economy of vehicles in a particular compliance category manufactured by a manufacturer in the model year in which the credits are earned exceeds the applicable average fuel economy standard, multiplied by the number of vehicles sold in that compliance category. However, credits that have been traded between credit holders or transferred between compliance categories are valued for compliance purposes using the adjustment factor specified in paragraph (c) of this section, pursuant to the ``total oil savings'' requirement of 49 U.S.C. 32903(f)(1). (c) Adjustment factor. When traded or transferred and used, fuel economy credits are adjusted to ensure fuel oil savings is preserved. For traded credits, the user (or buyer) must multiply the calculated adjustment factor by the number of shortfall credits it plans to offset in order to determine the number of equivalent credits to acquire from the earner (or seller). For transferred credits, the user of credits must multiply the calculated adjustment factor by the number of shortfall credits it plans to offset in order to determine the number of equivalent credits to transfer from the compliance category holding the available credits. The adjustment factor is calculated according to the following formula in figure 1 to this paragraph (c): [GRAPHIC] [TIFF OMITTED] TR02MY22.270 Where: A = Adjustment factor applied to traded and transferred credits. The quotient shall be rounded to 4 decimal places; VMTe = Lifetime vehicle miles traveled as provided in the following Table 1 to this paragraph (c) for the model year and compliance category in which the credit was earned; VMTu = Lifetime vehicle miles traveled as provided in the following Table 1 to this paragraph (c) for the model year and compliance category in which the credit is used for compliance; MPGse = Required fuel economy standard for the originating (earning) manufacturer, compliance category, and model year in which the credit was earned; MPGae = Actual fuel economy for the originating manufacturer, compliance category, and model year in which the credit was earned; MPGsu = Required fuel economy standard for the user (buying) manufacturer, compliance category, and model year in which the credit is used for compliance; and MPGau = Actual fuel economy for the user manufacturer, compliance category, and model year in which the credit is used for compliance. [[Page 183]] Table 1 to Sec. 536.4(c)--Lifetime Vehicle Miles Traveled [VMT] -------------------------------------------------------------------------------------------------------------------------------------------------------- Lifetime vehicle miles traveled (VMT) Model year ----------------------------------------------------------------------------------------------- 2012 2013 2014 2015 2016 2017-2026 -------------------------------------------------------------------------------------------------------------------------------------------------------- Passenger Cars.......................................... 177,238 177,366 178,652 180,497 182,134 195,264 Light Trucks............................................ 208,471 208,537 209,974 212,040 213,954 225,865 -------------------------------------------------------------------------------------------------------------------------------------------------------- Sec. 536.5 Trading infrastructure. (a) Accounts. NHTSA maintains ``accounts'' for each credit holder. The account consists of a balance of credits in each compliance category and vintage held by the holder. (b) Who may hold credits. Every manufacturer subject to fuel economy standards under part 531 or 533 of this chapter is automatically an account holder. If the manufacturer earns credits pursuant to this part, or receives credits from another party, so that the manufacturer's account has a non-zero balance, then the manufacturer is also a credit holder. Any party designated as a recipient of credits by a current credit holder will receive an account from NHTSA and become a credit holder, subject to the following conditions: (1) A designated recipient must provide name, address, contacting information, and a valid taxpayer identification number or Social Security number; (2) NHTSA does not grant a request to open a new account by any party other than a party designated as a recipient of credits by a credit holder; and (3) NHTSA maintains accounts with zero balances for a period of time, but reserves the right to close accounts that have had zero balances for more than one year. (c) Automatic debits and credits of accounts. (1) To carry credits forward, backward, transfer credits, or trade credits into other credit accounts, a manufacturer or credit holder must submit a credit instruction to NHTSA. A credit instruction must detail and include: (i) The credit holder(s) involved in the transaction. (ii) The originating credits described by the amount of the credits, compliance category and the vintage of the credits. (iii) The recipient credit account(s) for banking or applying the originating credits described by the compliance category(ies), model year(s), and if applicable the adjusted credit amount(s) and adjustment factor(s). (iv) For trades, a contract authorizing the trade signed by the manufacturers or credit holders or by managers legally authorized to obligate the sale and purchase of the traded credits. (2) Upon receipt of a credit instruction from an existing credit holder, NHTSA verifies the presence of sufficient credits in the account(s) of the credit holder(s) involved as applicable and notifies the credit holder(s) that the credits will be debited from and/or credited to the accounts involved, as specified in the credit instruction. NHTSA determines if the credits can be debited or credited based upon the amount of available credits, accurate application of any adjustment factors and the credit requirements prescribed by this part that are applicable at the time the transaction is requested. (3) After notifying the credit holder(s), all accounts involved are either credited or debited, as appropriate, in line with the credit instruction. Traded credits identified by a specific compliance category are deposited into the recipient's account in that same compliance category and model year. If a recipient of credits as identified in a credit instruction is not a current account holder, NHTSA establishes the credit recipient's account, subject to the conditions described in paragraph (b) of this section, and adds the credits to the newly-opened account. (4) NHTSA will automatically delete unused credits from holders' accounts when those credits reach their expiry date. [[Page 184]] (5) Starting January 1, 2022, all parties trading credits must also provide NHTSA the price paid for the credits including a description of any other monetary or non-monetary terms affecting the price of the traded credits, such as any technology exchanged or shared in exchange for the credits, any other non-monetary payment for the credits, or any other agreements related to the trade. (6) Starting September 1, 2022, manufacturers or credit holders issuing credit instructions or providing credit allocation plans as specified in paragraph (d) of this section, must use and submit the NHTSA Credit Template fillable form (Office of Management and Budget (OMB) Control No. 2127-0019, NHTSA Form 1475). In the case of a trade, manufacturers or credit holders buying traded credits must use the credit transactions template to submit trade instructions to NHTSA. Manufacturers or credit holders selling credits are not required to submit trade instructions. The NHTSA Credit Template must be signed by managers legally authorized to obligate the sale and/or purchase of the traded credits from both parties to the trade. The NHTSA Credit Template signed by both parties to the trade serves as an acknowledgement that the parties have agreed to trade a certain amount of credits, and does not dictate terms, conditions, or other business obligations of the parties. (7) NHTSA will consider claims that information submitted to the agency under this section is entitled to confidential treatment under 5 U.S.C. 552(b) and under the provisions of part 512 of this chapter if the information is submitted in accordance with the procedures of part 512. The NHTSA Credit Template is available for download on the CAFE Public Information Center website. Manufacturers must submit the cost information to NHTSA in a PDF document along with the Credit Template through the CAFE email, cafe@dot.gov. NHTSA reserves the right to request additional information from the parties regarding the terms of the trade. (d) Compliance. (1) NHTSA assesses compliance with fuel economy standards each year, utilizing the certified and reported CAFE data provided by the Environmental Protection Agency (EPA) for enforcement of the CAFE program pursuant to 49 U.S.C. 32904(e). Credit values are calculated based on the CAFE data from the EPA. If a particular compliance category within a manufacturer's fleet has above standard fuel economy, NHTSA adds credits to the manufacturer's account for that compliance category and vintage in the appropriate amount by which the manufacturer has exceeded the applicable standard. (2) If a manufacturer's vehicles in a particular compliance category have below standard fuel economy, NHTSA will provide written notification to the manufacturer that it has failed to meet a particular fleet target standard. The manufacturer will be required to confirm the shortfall and must either: submit a plan indicating how it will allocate existing credits or earn, transfer and/or acquire credits; or pay the appropriate civil penalty. The manufacturer must submit a plan or payment within 60 days of receiving agency notification. (3) Credits used to offset shortfalls are subject to the three- and five-year limitations as described in Sec. 536.6. (4) Transferred credits are subject to the limitations specified by 49 U.S.C. 32903(g)(3) and this part. (5) The value, when used for compliance, of any credits received via trade or transfer is adjusted, using the adjustment factor described in Sec. 536.4(c), pursuant to 49 U.S.C. 32903(f)(1). (6) Credit allocation plans received from a manufacturer will be reviewed and approved by NHTSA. Starting in model year 2022, credit holders must use the NHTSA Credit Template (OMB Control No. 2127-0019, NHTSA Forms 1475) to record the credit transactions. The template is a fillable form that has an option for recording and calculating credit transactions for credit allocation plans. The template calculates the required adjustments to the credits. The credit allocation plan and the completed transaction templates must be submitted to NHTSA. NHTSA will approve the credit allocation plan unless it finds that the proposed credits are unavailable or that it is unlikely that the plan will result in the manufacturer earning sufficient credits to [[Page 185]] offset the subject credit shortfall. If the plan is approved, NHTSA will revise the respective manufacturer's credit account accordingly. If the plan is rejected, NHTSA will notify the respective manufacturer and request a revised plan or payment of the appropriate fine. (e) Reporting. (1) NHTSA periodically publishes the names and credit holdings of all credit holders. NHTSA does not publish individual transactions, nor respond to individual requests for updated balances from any party other than the account holder. (2) NHTSA issues an annual credit status letter to each party that is a credit holder at that time. The letter to a credit holder includes a credit accounting record that identifies the credit status of the credit holder including any activity (earned, expired, transferred, traded, carry-forward and carry-back credit transactions/allocations) that took place during the identified activity period. Sec. 536.6 Treatment of credits earned prior to model year 2011. (a) Credits earned in a compliance category before model year 2008 may be applied by the manufacturer that earned them to carryback plans for that compliance category approved up to three model years prior to the year in which the credits were earned, or may be applied to compliance in that compliance category for up to three model years after the year in which the credits were earned. (b) Credits earned in a compliance category during and after model year 2008 may be applied by the manufacturer that earned them to carryback plans for that compliance category approved up to three years prior to the year in which the credits were earned, or may be held or applied for up to five model years after the year in which the credits were earned. (c) Credits earned in a compliance category prior to model year 2011 may not be transferred or traded. Sec. 536.7 Treatment of carryback credits. (a) Carryback credits earned in a compliance category in any model year may be used in carryback plans approved by NHTSA, pursuant to 49 U.S.C. 32903(b), for up to three model years prior to the year in which the credit was earned. (b) For purposes of this part, NHTSA will treat the use of future credits for compliance, as through a carryback plan, as a deferral of penalties for non-compliance with an applicable fuel economy standard. (c) If NHTSA receives and approves a manufacturer's carryback plan to earn future credits within the following three model years in order to comply with current regulatory obligations, NHTSA will defer levying fines for non-compliance until the date(s) when the manufacturer's approved plan indicates that credits will be earned or acquired to achieve compliance, and upon receiving confirmed CAFE data from EPA. If the manufacturer fails to acquire or earn sufficient credits by the plan dates, NHTSA will initiate compliance proceedings. (d) In the event that NHTSA fails to receive or approve a plan for a non-compliant manufacturer, NHTSA will levy fines pursuant to statute. If within three years, the non-compliant manufacturer earns or acquires additional credits to reduce or eliminate the non-compliance, NHTSA will reduce any fines owed, or repay fines to the extent that credits received reduce the non-compliance. (e) No credits from any source (earned, transferred and/or traded) will be accepted in lieu of compliance if those credits are not identified as originating within one of the three model years after the model year of the confirmed shortfall. Sec. 536.8 Conditions for trading of credits. (a) Trading of credits. If a credit holder wishes to trade credits to another party, the current credit holder and the receiving party must jointly issue an instruction to NHTSA, identifying the quantity, vintage, compliance category, and originator of the credits to be traded. If the recipient is not a current account holder, the recipient must provide sufficient information for NHTSA to establish an account for the recipient. Once an account has been established or identified for the recipient, NHTSA completes the trade by [[Page 186]] debiting the transferor's account and crediting the recipient's account. NHTSA will track the quantity, vintage, compliance category, and originator of all credits held or traded by all account-holders. (b) Trading between and within compliance categories. For credits earned in model year 2011 or thereafter, and used to satisfy compliance obligations for model year 2011 or thereafter: (1) Manufacturers may use credits originally earned by another manufacturer in a particular compliance category to satisfy compliance obligations within the same compliance category. (2) Once a manufacturer acquires by trade credits originally earned by another manufacturer in a particular compliance category, the manufacturer may transfer the credits to satisfy its compliance obligations in a different compliance category, but only to the extent that the CAFE increase attributable to the transferred credits does not exceed the limits in 49 U.S.C. 32903(g)(3). For any compliance category, the sum of a manufacturer's transferred credits earned by that manufacturer and transferred credits obtained by that manufacturer through trade must not exceed that limit. (c) Changes in corporate ownership and control. Manufacturers must inform NHTSA of corporate relationship changes to ensure that credit accounts are identified correctly and credits are assigned and allocated properly. (1) In general, if two manufacturers merge in any way, they must inform NHTSA how they plan to merge their credit accounts. NHTSA will subsequently assess corporate fuel economy and compliance status of the merged fleet instead of the original separate fleets. (2) If a manufacturer divides or divests itself of a portion of its automobile manufacturing business, it must inform NHTSA how it plans to divide the manufacturer's credit holdings into two or more accounts. NHTSA will subsequently distribute holdings as directed by the manufacturer, subject to provision for reasonably anticipated compliance obligations. (3) If a manufacturer is a successor to another manufacturer's business, it must inform NHTSA how it plans to allocate credits and resolve liabilities per part 534 of this chapter. (d) No short or forward sales. NHTSA will not honor any instructions to trade or transfer more credits than are currently held in any account. NHTSA will not honor instructions to trade or transfer credits from any future vintage (i.e., credits not yet earned). NHTSA will not participate in or facilitate contingent trades. (e) Cancellation of credits. A credit holder may instruct NHTSA to cancel its currently held credits, specifying the originating manufacturer, vintage, and compliance category of the credits to be cancelled. These credits will be permanently null and void; NHTSA will remove the specific credits from the credit holder's account, and will not reissue them to any other party. (f) Errors or fraud in earning credits. If NHTSA determines that a manufacturer has been credited, through error or fraud, with earning credits, NHTSA will cancel those credits if possible. If the manufacturer credited with having earned those credits has already traded them when the error or fraud is discovered, NHTSA will hold the receiving manufacturer responsible for returning the same or equivalent credits to NHTSA for cancellation. (g) Error or fraud in trading. In general, all trades are final and irrevocable once executed, and may only be reversed by a new, mutually- agreed transaction. If NHTSA executes an erroneous instruction to trade credits from one holder to another through error or fraud, NHTSA will reverse the transaction if possible. If those credits have been traded away, the recipient holder is responsible for obtaining the same or equivalent credits for return to the previous holder. Sec. 536.9 Use of credits with regard to the domestically manufactured passenger automobile minimum standard. (a) Each manufacturer is responsible for compliance with both the minimum standard and the attribute-based standard set out in the chapter. (b) In any particular model year, the domestically manufactured passenger automobile compliance category credit excess or shortfall is determined by [[Page 187]] comparing the actual CAFE value against either the required standard value or the minimum standard value, whichever is larger. (c) Transferred or traded credits may not be used, pursuant to 49 U.S.C. 32903(g)(4) and (f)(2), to meet the domestically manufactured passenger automobile minimum standard specified in 49 U.S.C. 32902(b)(4) and in 49 CFR 531.5(d). (d) If a manufacturer's average fuel economy level for domestically manufactured passenger automobiles is lower than the attribute-based standard, but higher than the minimum standard, then the manufacturer may achieve compliance with the attribute-based standard by applying credits. (e) If a manufacturer's average fuel economy level for domestically manufactured passenger automobiles is lower than the minimum standard, then the difference between the minimum standard and the manufacturer's actual fuel economy level may only be relieved by the use of credits earned by that manufacturer within the domestic passenger car compliance category which have not been transferred or traded. If the manufacturer does not have available earned credits to offset a credit shortage below the minimum standard then the manufacturer can submit a carry-back plan that indicates sufficient future credits will be earned in its domestic passenger car compliance category or will be subject to penalties. Sec. 536.10 Treatment of dual-fuel and alternative fuel vehicles-- consistency with 49 CFR part 538. (a) Statutory alternative fuel and dual-fuel vehicle fuel economy calculations are treated as a change in the underlying fuel economy of the vehicle for purposes of this part, not as a credit that may be transferred or traded. Improvements in alternative fuel or dual fuel vehicle fuel economy as calculated pursuant to 49 U.S.C. 32905 and limited by 49 U.S.C. 32906 are therefore attributable only to the particular compliance category and model year to which the alternative or dual-fuel vehicle belongs. (b) If a manufacturer's calculated fuel economy for a particular compliance category, including any statutorily-required calculations for alternative fuel and dual fuel vehicles, is higher or lower than the applicable fuel economy standard, manufacturers will earn credits or must apply credits or pay civil penalties equal to the difference between the calculated fuel economy level in that compliance category and the applicable standard. Credits earned are the same as any other credits, and may be held, transferred, or traded by the manufacturer subject to the limitations of the statute and this part. (c) For model years up to and including MY 2019, if a manufacturer builds enough dual fuel vehicles (except plug-in hybrid electric vehicles) to improve the calculated fuel economy in a particular compliance category by more than the limits set forth in 49 U.S.C. 32906(a), the improvement in fuel economy for compliance purposes is restricted to the statutory limit. Manufacturers may not earn credits nor reduce the application of credits or fines for calculated improvements in fuel economy based on dual fuel vehicles beyond the statutory limit. (d) For model years 2020 and beyond, a manufacturer must calculate the fuel economy of dual fueled vehicles in accordance with 40 CFR 600.510-12(c). PART 537_AUTOMOTIVE FUEL ECONOMY REPORTS--Table of Contents Sec. 537.1 Scope. 537.2 Purpose. 537.3 Applicability. 537.4 Definitions. 537.5 General requirements for reports. 537.6 General content of reports. 537.7 Pre-model year and mid-model year reports. 537.8 Supplementary reports. 537.9 Determination of fuel economy values and average fuel economy. 537.10 Incorporation by reference by manufacturers. 537.11 Public inspection of information. 537.12 Confidential information. Authority: 49 U.S.C. 32907; delegation of authority at 49 CFR 1.95. Source: 87 FR 26087, May 2, 2022, unless otherwise noted. [[Page 188]] Sec. 537.1 Scope. This part establishes requirements for automobile manufacturers to submit reports to the National Highway Traffic Safety Administration regarding their efforts to improve automotive fuel economy. Sec. 537.2 Purpose. The purpose of this part is to obtain information to aid the National Highway Traffic Safety Administration in valuating automobile manufacturers' plans for complying with average fuel economy standards and in preparing an annual review of the average fuel economy standards. Sec. 537.3 Applicability. This part applies to automobile manufacturers, except for manufacturers subject to an alternate fuel economy standard under section 502(c) of the Act. Sec. 537.4 Definitions. (a) Statutory terms. (1) The terms average fuel economy standard, fuel, manufacture, and model year are used as defined in section 501 of the Act. (2) The term manufacturer is used as defined in section 501 of the Act and in accordance with part 529 of this chapter. (3) The terms average fuel economy, fuel economy, and model type are used as defined in subpart A of 40 CFR part 600. (4) The terms automobile, automobile capable of off-highway operation, and passenger automobile are used as defined in section 501 of the Act and in accordance with the determinations in part 523 of this chapter. (b) Other terms. (1) The term loaded vehicle weight is used as defined in subpart A of 40 CFR part 86. (2) The terms axle ratio, base level, body style, car line, combined fuel economy, engine code, equivalent test weight, gross vehicle weight, inertia weight, transmission class, and vehicle configuration are used as defined in subpart A of 40 CFR part 600. (3) The term light truck is used as defined in part 523 of this chapter and in accordance with determinations in part 523. (4) The terms approach angle, axle clearance, brakeover angle, cargo carrying volume, departure angle, passenger carrying volume, running clearance, and temporary living quarters are used as defined in part 523 of this chapter. (5) The term incomplete automobile manufacturer is used as defined in part 529 of this chapter. (6) As used in this part, unless otherwise required by the context: (i) Act means the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513), as amended by the Energy Policy and Conservation Act (Pub. L. 94-163). (ii) Administrator means the Administrator of the National Highway Traffic Safety Administration (NHTSA) or the Administrator's delegate. (iii) Current model year means: (A) In the case of a pre-model year report, the full model year immediately following the period during which that report is required by Sec. 537.5(b) to be submitted. (B) In the case of a mid-model year report, the model year during which that report is required by Sec. 537.5(b) to be submitted. (iv) Average means a production-weighted harmonic average. (v) Total drive ratio means the ratio of an automobile's engine rotational speed (in revolutions per minute) to the automobile's forward speed (in miles per hour). Sec. 537.5 General requirements for reports. (a) For each current model year, each manufacturer shall submit a pre-model year report, a mid-model year report, and, as required by Sec. 537.8, supplementary reports. (b)(1) The pre-model year report required by this part for each current model year must be submitted during the month of December (e.g., the pre-model year report for the 1983 model year must be submitted during December 1982). (2) The mid-model year report required by this part for each current model year must be submitted during the month of July (e.g., the mid- model year report for the 1983 model year must be submitted during July 1983). [[Page 189]] (3) Each supplementary report must be submitted in accordance with Sec. 537.8(c). (c) Each report required by this part must: (1) Identify the report as a pre-model year report, mid-model year report, or supplementary report as appropriate; (2) Identify the manufacturer submitting the report; (3) State the full name, title, and address of the official responsible for preparing the report; (4) Be submitted electronically to cafe@dot.gov. For each report, manufacturers should submit a confidential version and a non- confidential (i.e., redacted) version. The confidential report should be accompanied by a request letter that contains supporting information, pursuant to Sec. 512.8 of this chapter. Your request must also include a certificate, pursuant to Sec. 512.4(b) of this chapter and part 512, appendix A, of this chapter. The word ``CONFIDENTIAL'' must appear on the top of each page containing information claimed to be confidential. If an entire page is claimed to be confidential, the submitter must indicate clearly that the entire page is claimed to be confidential. If the information for which confidentiality is being requested is contained within a page, the submitter shall enclose each item of information that is claimed to be confidential within brackets: ``[ ].'' Confidential portions of electronic files submitted in other than their original format must be marked ``Confidential Business Information'' or ``Entire Page Confidential Business Information'' at the top of each page. If only a portion of a page is claimed to be confidential, that portion shall be designated by brackets. Files submitted in their original format that cannot be marked as described above must, to the extent practicable, identify confidential information by alternative markings using existing attributes within the file or means that are accessible through use of the file's associated program. A representative from NHTSA's Office of Chief Counsel, as designated by NHTSA, should be copied on any submissions with confidential business information; (5) Identify the current model year; (6) Be written in the English language; and (7)(i) Specify any part of the information or data in the report that the manufacturer believes should be withheld from public disclosure as trade secret or other confidential business information. (ii) With respect to each item of information or data requested by the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(d)(1), the manufacturer shall: (A) Show that the item is within the scope of sections 552(b)(4) and 2005(d)(1); (B) Show that disclosure of the item would result in significant competitive damage; (C) Specify the period during which the item must be withheld to avoid that damage; and (D) Show that earlier disclosure would result in that damage. (d) Beginning with model year 2023, each manufacturer shall generate reports required by this part using the NHTSA CAFE Projections Reporting Template (Office of Management and Budget (OMB) Control No. 2127-0019, NHTSA Form 1474). The template is a fillable form. (1) Manufacturers must select the option to identify the report as a pre-model year report, mid-model year report, or supplementary report as appropriate. (2) Manufacturers must complete all required information for the manufacturer and for all vehicles produced for the current model year required to comply with corporate average fuel economy (CAFE) standards. The manufacturer must identify the manufacturer submitting the report, including the full name, title, and address of the official responsible for preparing the report and a point of contact to answer questions concerning the report. (3) Manufacturers must use the template to generate confidential and non-confidential reports for all the domestic and import passenger cars and light truck fleet produced by the manufacturer for the current model year. Manufacturers must submit a request for confidentiality in accordance with part [[Page 190]] 512 of this chapter to withhold projected production sales volume estimates from public disclosure. If the request is granted, NHTSA will withhold the projected production sales volume estimates from public disclose until all the vehicles produced by the manufacturer have been made available for sale (usually one year after the current model year). (4) Manufacturers must submit confidential reports and requests for confidentiality to NHTSA on CD-ROM in accordance with Sec. 537.12. Email copies of non-confidential (i.e., redacted) reports to NHTSA's secure email address: cafe@dot.gov. Requests for confidentiality must be submitted in a PDF or MS Word format. Submit 2 copies of the CD-ROM to: Administrator, National Highway Traffic Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, and submit emailed reports electronically to the following secure email address: cafe@dot.gov. (5) Manufacturers can withhold information on projected production sales volumes under 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(d)(1). In accordance, the manufacturer must: (i) Show that the item is within the scope of sections 552(b)(4) and 2005(d)(1); (ii) Show that disclosure of the item would result in significant competitive damage; (iii) Specify the period during which the item must be withheld to avoid that damage; and (iv) Show that earlier disclosure would result in that damage. (e) Each report required by this part must be based upon all information and data available to the manufacturer 30 days before the report is submitted to the Administrator. Sec. 537.6 General content of reports. (a) Pre-model year and mid-model year reports. Except as provided in paragraph (c) of this section, each pre-model year report and the mid- model year report for each model year must contain the information required by Sec. 537.7(a). (b) Supplementary report. Except as provided in paragraph (c) of this section, each supplementary report for each model year must contain the information required by Sec. 537.7(a)(1) and (2), as appropriate for the vehicle fleets produced by the manufacturer, in accordance with Sec. 537.8(b)(1) through (4) as appropriate. (c) Exceptions. The pre-model year report, mid-model year report, and supplementary report(s) submitted by an incomplete automobile manufacturer for any model year are not required to contain the information specified in Sec. 537.7(c)(4)(xv) through (xviii) and (c)(5). The information provided by the incomplete automobile manufacturer under Sec. 537.7(c) shall be according to base level instead of model type or carline. Sec. 537.7 Pre-model year and mid-model year reports. (a) Report submission requirements. (1) Manufacturers must provide a report with the information required by paragraphs (b) and (c) of this section for each domestic and import passenger automobile fleet, as specified in part 531 of this chapter, for the current model year. (2) Manufacturers must provide a report with the information required by paragraphs (b) and (c) of this section for each light truck fleet, as specified in part 533 of this chapter, for the current model year. (3) For model year 2023 and later, for passenger cars specified in part 531 and light trucks specified in part 533 of this chapter, manufacturers must provide the information for pre-model and mid-model year reports in accordance with the NHTSA CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474). The required reporting template can be downloaded from NHTSA's website. (i) Manufacturers are only required to provide the actual information on vehicles and technologies in production at the time the pre- and mid-model year reports are required. Otherwise, manufacturers must provide reasonable estimates or updated estimates where possible for pre-and mid-model year reports. (ii) Manufacturers should attempt not to omit data which should only be the done for products pending production and with unknown information at the time CAFE reports are prepared. [[Page 191]] (b) Projected average and required fuel economy. (1) Manufacturers must state the projected average fuel economy for the manufacturer's automobiles determined in accordance with Sec. 537.9 and based upon the fuel economy values and projected sales figures provided under paragraph (c)(2) of this section. (2) Manufacturers must state the projected final average fuel economy that the manufacturer anticipates having if changes implemented during the model year will cause that average to be different from the average fuel economy projected under paragraph (b)(1) of this section. (3) Manufacturers must state the projected required fuel economy for the manufacturer's passenger automobiles and light trucks determined in accordance with Sec. Sec. 531.5(c) and 533.5 of this chapter and based upon the projected sales figures provided under paragraph (c)(2) of this section. For each unique model type and footprint combination of the manufacturer's automobiles, the manufacturer must provide the information specified in paragraphs (b)(3)(i) and (ii) of this section in tabular form. The manufacturer must list the model types in order of increasing average inertia weight from top to bottom down the left side of the table and list the information categories in the order specified in paragraphs (b)(3)(i) and (ii) of this section from left to right across the top of the table. Other formats, such as those accepted by the Environmental Protection Agency (EPA), which contain all the information in a readily identifiable format are also acceptable. For model year 2023 and later, for each unique model type and footprint combination of the manufacturer's automobiles, the manufacturer must provide the information specified in paragraphs (b)(3)(i) and (ii) of this section in accordance with the CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474). (i) In the case of passenger automobiles, manufacturers must report the following: (A) Beginning model year 2013, base tire as defined in Sec. 523.2 of this chapter; (B) Beginning model year 2013, front axle, rear axle, and average track width as defined in Sec. 523.2 of this chapter; (C) Beginning model year 2013, wheelbase as defined in Sec. 523.2 of this chapter; (D) Beginning model year 2013, footprint as defined in Sec. 523.2 of this chapter; and (E) The fuel economy target value for each unique model type and footprint entry listed in accordance with the equation provided in part 531 of this chapter. (ii) In the case of light trucks, manufacturers must report the following: (A) Beginning model year 2013, base tire as defined in Sec. 523.2 of this chapter; (B) Beginning model year 2013, front axle, rear axle, and average track width as defined in Sec. 523.2 of this chapter; (C) Beginning model year 2013, wheelbase as defined in Sec. 523.2 of this chapter; (D) Beginning model year 2013, footprint as defined in Sec. 523.2 of this chapter; and (E) The fuel economy target value for each unique model type and footprint entry listed in accordance with the equation provided in part 533 of this chapter. (4) Manufacturers must state the projected final required fuel economy that the manufacturer anticipates having if changes implemented during the model year will cause the targets to be different from the target fuel economy projected under paragraph (b)(3) of this section. (5) Manufacturers must state whether the manufacturer believes that the projections it provides under paragraphs (b)(2) and (4) of this section, or if it does not provide an average or target under paragraphs (b)(2) and (4), the projections it provides under paragraphs (b)(1) and (3) of this section, sufficiently represent the manufacturer's average and target fuel economy for the current model year for purposes of the Act. In the case of a manufacturer that believes that the projections are not sufficiently representative for the purpose of determining the projected average fuel economy for the manufacturer's automobiles, the manufacturers must state the specific nature of any reason for the insufficiency and the [[Page 192]] specific additional testing or derivation of fuel economy values by analytical methods believed by the manufacturer necessary to eliminate the insufficiency and any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the EPA under 40 CFR 600.509-12. (c) Model type and configuration fuel economy and technical information. (1) For each model type of the manufacturer's automobiles, the manufacturers must provide the information specified in paragraph (c)(2) of this section in tabular form. List the model types in order of increasing average inertia weight from top to bottom down the left side of the table and list the information categories in the order specified in paragraph (c)(2) of this section from left to right across the top of the table. For model year 2023 and later, CAFE reports required by this part, shall for each model type of the manufacturer's automobiles, provide the information in specified in paragraph (c)(2) of this section in accordance with the NHTSA CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474) and list the model types in order of increasing average inertia weight from top to bottom. (2)(i) Combined fuel economy; and (ii) Projected sales for the current model year and total sales of all model types. (3) For pre-model year reports only through model year 2022, for each vehicle configuration whose fuel economy was used to calculate the fuel economy values for a model type under paragraph (c)(2) of this section, manufacturers must provide the information specified in paragraph (c)(4) of this section in accordance with the NHTSA CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474). (4)(i) Loaded vehicle weight; (ii) Equivalent test weight; (iii) Engine displacement, liters; (iv) Society of Automotive Engineers (SAE) net rated power, kilowatts; (v) SAE net horsepower; (vi) Engine code; (vii) Fuel system (number of carburetor barrels or, if fuel injection is used, so indicate); (viii) Emission control system; (ix) Transmission class; (x) Number of forward speeds; (xi) Existence of overdrive (indicate yes or no); (xii) Total drive ratio (N/V); (xiii) Axle ratio; (xiv) Combined fuel economy; (xv) Projected sales for the current model year; (xvi)(A) In the case of passenger automobiles: (1) Interior volume index, determined in accordance with subpart D of 40 CFR part 600; and (2) Body style; (B) In the case of light trucks: (1) Passenger-carrying volume; and (2) Cargo-carrying volume; (xvii) Frontal area; (xviii) Road load power at 50 miles per hour, if determined by the manufacturer for purposes other than compliance with this part to differ from the road load setting prescribed in 40 CFR 86.177-11(d); and (xix) Optional equipment that the manufacturer is required under 40 CFR parts 86 and 600 to have actually installed on the vehicle configuration, or the weight of which must be included in the curb weight computation for the vehicle configuration, for fuel economy testing purposes. (5) For each model type of automobile which is classified as a non- passenger vehicle (light truck) under part 523 of this chapter, manufacturers must provide the following data: (i) For an automobile designed to perform at least one of the following functions in accordance with Sec. 523.5(a) of this chapter, indicate (by ``yes'' or ``no'' for each function) whether the vehicle can: (A) Transport more than 10 persons (if yes, provide actual designated seating positions); (B) Provide temporary living quarters (if yes, provide applicable conveniences as defined in Sec. 523.2 of this chapter); (C) Transport property on an open bed (if yes, provide bed size width and length); [[Page 193]] (D) Provide, as sold to the first retail purchaser, greater cargo- carrying than passenger-carrying volume, such as in a cargo van and quantify the value which should be the difference between the values provided in paragraphs (c)(4)(xvi)(B)(1) and (2) of this section; if a vehicle is sold with a second-row seat, its cargo-carrying volume is determined with that seat installed, regardless of whether the manufacturer has described that seat as optional; or (E) Permit expanded use of the automobile for cargo-carrying purposes or other non-passenger-carrying purposes through: (1) For non-passenger automobiles manufactured prior to model year 2012, the removal of seats by means of uninstalling by the automobile's manufacturer or by uninstalling with simple tools, such as screwdrivers and wrenches, so as to create a flat, floor level, surface extending from the forward-most point of installation of those seats to the rear of the automobile's interior; or (2) For non-passenger automobiles manufactured in model year 2008 and beyond, for vehicles equipped with at least 3 rows of designated seating positions as standard equipment, permit expanded use of the automobile for cargo-carrying purposes or other nonpassenger-carrying purposes through the removal or stowing of foldable or pivoting seats so as to create a flat, leveled cargo surface extending from the forward- most point of installation of those seats to the rear of the automobile's interior. (ii) For an automobile capable of off-highway operation, identify which of the features in paragraphs (c)(5)(ii)(A) through (C) of this section qualify the vehicle as off-road in accordance with Sec. 523.5(b) of this chapter and quantify the values of each feature: (A) 4-wheel drive; or (B) A rating of more than 6,000 pounds gross vehicle weight; and (C) Has at least four of the following characteristics calculated when the automobile is at curb weight, on a level surface, with the front wheels parallel to the automobile's longitudinal centerline, and the tires inflated to the manufacturer's recommended pressure. The exact value of each feature should be quantified: (1) Approach angle of not less than 28 degrees. (2) Breakover angle of not less than 14 degrees. (3) Departure angle of not less than 20 degrees. (4) Running clearance of not less than 20 centimeters. (5) Front and rear axle clearances of not less than 18 centimeters each. (6) Manufacturers must determine the fuel economy values provided under paragraphs (c)(2) and (4) of this section in accordance with Sec. 537.9. (7) Manufacturers must identify any air-conditioning (AC), off-cycle and full-size pick-up truck technologies used each model year to calculate the average fuel economy specified in 40 CFR 600.510-12. (i) Provide a list of each air conditioning efficiency improvement technology utilized in your fleet(s) of vehicles for each model year. For each technology identify vehicles by make and model types that have the technology, which compliance category those vehicles belong to and the number of vehicles for each model equipped with the technology. For each compliance category (domestic passenger car, import passenger car, and light truck), report the air conditioning fuel consumption improvement value in gallons/mile in accordance with the equation specified in 40 CFR 600.510-12(c)(3)(i). (ii) Manufacturers must provide a list of off-cycle efficiency improvement technologies utilized in its fleet(s) of vehicles for each model year that is pending or approved by the EPA. For each technology, manufacturers must identify vehicles by make and model types that have the technology, which compliance category those vehicles belong to, the number of vehicles for each model equipped with the technology, and the associated off-cycle credits (grams/mile) available for each technology. For each compliance category (domestic passenger car, import passenger car, and light truck), manufacturers must calculate the fleet off-cycle fuel consumption improvement value in gallons/mile in accordance [[Page 194]] with the equation specified in 40 CFR 600.510-12(c)(3)(ii). (iii) Manufacturers must provide a list of full-size pickup trucks in its fleet that meet the mild and strong hybrid vehicle definitions in 40 CFR 86.1803-01. For each mild and strong hybrid type, manufacturers must identify vehicles by make and model types that have the technology, the number of vehicles produced for each model equipped with the technology, the total number of full-size pickup trucks produced with and without the technology, the calculated percentage of hybrid vehicles relative to the total number of vehicles produced, and the associated full-size pickup truck credits (grams/mile) available for each technology. For the light truck compliance category, manufacturers must calculate the fleet pickup truck fuel consumption improvement value in gallons/mile in accordance with the equation specified in 40 CFR 600.510-12(c)(3)(iii). Sec. 537.8 Supplementary reports. (a)(1) Except as provided in paragraph (d) of this section, each manufacturer whose most recently submitted mid-model year report contained an average fuel economy projection under Sec. 537.7(b)(2) or, if no average fuel economy was projected under that section, under Sec. 537.7(b)(1), that was not less than the applicable average fuel economy standard in this chapter and who now projects an average fuel economy which is less than the applicable standard in this chapter shall file a supplementary report containing the information specified in paragraph (b)(1) of this section. (2) Except as provided in paragraph (d) of this section, each manufacturer that determines that its average fuel economy for the current model year as projected under Sec. 537.7(b)(2) or, if no average fuel economy was projected under Sec. 537.7(b)(2), as projected under Sec. 537.7(b)(1), is less representative than the manufacturer previously reported it to be under Sec. 537.7(b)(3), this section, or both, shall file a supplementary report containing the information specified in paragraph (b)(2) of this section. (3) For model years through 2022, each manufacturer whose mid-model year report omits any of the information specified in Sec. 537.7(b) or (c) shall file a supplementary report containing the information specified in paragraph (b)(3) of this section. (4) Starting model year 2023, each manufacturer whose mid-model year report omits any of the information shall resubmit the information with other information required in accordance with the NHTSA CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474). (b)(1) The supplementary report required by paragraph (a)(1) of this section must contain: (i) Such revisions of and additions to the information previously submitted by the manufacturer under this part regarding the automobiles whose projected average fuel economy has decreased as specified in paragraph (a)(1) of this section as are necessary-- (A) To reflect the change and its cause; and (B) To indicate a new projected average fuel economy based upon these additional measures. (ii) An explanation of the cause of the decrease in average fuel economy that led to the manufacturer's having to submit the supplementary report required by paragraph (a)(1) of this section. (2) The supplementary report required by paragraph (a)(2) of this section must contain: (i) A statement of the specific nature of and reason for the insufficiency in the representativeness of the projected average fuel economy; (ii) A statement of specific additional testing or derivation of fuel economy values by analytical methods believed by the manufacturer necessary to eliminate the insufficiency; and (iii) A description of any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the Environmental Protection Agency under 40 CFR 600.509-12. (3) The supplementary report required by paragraph (a)(3) of this section must contain: (i) All of the information omitted from the mid-model year report under Sec. 537.6(c)(2); and [[Page 195]] (ii) Such revisions of and additions to the information submitted by the manufacturer in its mid-model year report regarding the automobiles produced during the current model year as are necessary to reflect the information provided under paragraph (b)(3)(i) of this section. (4) The supplementary report required by paragraph (a)(4) of this section must contain: (i) All information omitted from the mid-model year reports under Sec. 537.6(c)(2); and (ii) Such revisions of and additions to the information submitted by the manufacturer in its pre-model or mid-model year reports regarding the automobiles produced during the current model year as are necessary to reflect the information provided under paragraph (b)(4)(i) of this section. (c)(1) Each report required by paragraph (a)(1), (2), (3), or (4) of this section must be submitted in accordance with Sec. 537.5(c) not more than 45 days after the date on which the manufacturer determined, or could have determined with reasonable diligence, that the report was required. (2) [Reserved] (d) A supplementary report is not required to be submitted by the manufacturer under paragraph (a)(1) or (2) of this section: (1) With respect to information submitted under this part before the most recent mid-model year report submitted by the manufacturer under this part; or (2) When the date specified in paragraph (c) of this section occurs after the day by which the pre-model year report for the model year immediately following the current model year must be submitted by the manufacturer under this part. (e) For model years 2008, 2009, and 2010, each manufacturer of light trucks, as that term is defined in Sec. 523.5 of this chapter, shall submit a report, not later than 45 days following the end of the model year, indicating whether the manufacturer is opting to comply with Sec. 533.5(f) or (g) of this chapter. Sec. 537.9 Determination of fuel economy values and average fuel economy. (a) Vehicle subconfiguration fuel economy values. (1) For each vehicle subconfiguration for which a fuel economy value is required under paragraph (c) of this section and has been determined and approved under 40 CFR part 600, the manufacturer shall submit that fuel economy value. (2) For each vehicle subconfiguration specified in paragraph (a)(1) of this section for which a fuel economy value approved under 40 CFR part 600, does not exist, but for which a fuel economy value determined under 40 CFR part 600 exists, the manufacturer shall submit that fuel economy value. (3) For each vehicle subconfiguration specified in paragraph (a)(1) of this section for which a fuel economy value has been neither determined nor approved under 40 CFR part 600, the manufacturer shall submit a fuel economy value based on tests or analyses comparable to those prescribed or permitted under 40 CFR part 600 and a description of the test procedures or analytical methods used. (4) For each vehicle configuration for which a fuel economy value is required under paragraph (c) of this section and has been determined and approved under 40 CFR part 600, the manufacturer shall submit that fuel economy value. (b) Base level and model type fuel economy values. For each base level and model type, the manufacturer shall submit a fuel economy value based on the values submitted under paragraph (a) of this section and calculated in the same manner as base level and model type fuel economy values are calculated for use under subpart F of 40 CFR part 600. (c) Average fuel economy. Average fuel economy must be based upon fuel economy values calculated under paragraph (b) of this section for each model type and must be calculated in accordance with subpart F of 40 CFR part 600, except that fuel economy values for running changes and for new base levels are required only for those changes made or base levels added before the average fuel economy is required to be submitted under this part. [[Page 196]] Sec. 537.10 Incorporation by reference by manufacturers. (a) A manufacturer may incorporate by reference in a report required by this part any document other than a report, petition, or application, or portion thereof submitted to any Federal department or agency more than two model years before the current model year. (b) A manufacturer that incorporates by references a document not previously submitted to the National Highway Traffic Safety Administration shall append that document to the report. (c) A manufacturer that incorporates by reference a document shall clearly identify the document and, in the case of a document previously submitted to the National Highway Traffic Safety Administration, indicate the date on which and the person by whom the document was submitted to this agency. Sec. 537.11 Public inspection of information. Except as provided in Sec. 537.12, any person may inspect the information and data submitted by a manufacturer under this part in the docket section of the National Highway Traffic Safety Administration. Any person may obtain copies of the information available for inspection under this section in accordance with the regulations of the Secretary of Transportation in part 7 of this title. Sec. 537.12 Confidential information. (a) Treatment of confidential information. Information made available under Sec. 537.11 for public inspection does not include information for which confidentiality is requested under Sec. 537.5(c)(7), is granted in accordance with section 505 of the Act and 5 U.S.C. 552(b) and is not subsequently released under paragraph (c) of this section in accordance with section 505 of the Act. (b) Denial of confidential treatment. When the Administrator denies a manufacturer's request under Sec. 537.5(c)(7) for confidential treatment of information, the Administrator gives the manufacturer written notice of the denial and reasons for it. Public disclosure of the information is not made until after the ten-day period immediately following the giving of the notice. (c) Release of confidential information. After giving written notice to a manufacturer and allowing ten days, when feasible, for the manufacturer to respond, the Administrator may make available for public inspection any information submitted under this part that is relevant to a proceeding under the Act, including information that was granted confidential treatment by the Administrator pursuant to a request by the manufacturer under Sec. 537.5(c)(7). PART 538_MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES-- Table of Contents Sec. 538.1 Scope. 538.2 Purpose. 538.3 Applicability. 538.4 Definitions. 538.5 Minimum driving range. 538.6 Measurement of driving range. 538.7 Petitions for reduction of minimum driving range. 538.8 Gallon Equivalents for Gaseous Fuels. 538.9 Dual fuel vehicle incentive. Authority: 49 U.S.C. 32901, 32905, and 32906; delegation of authority at 49 CFR 1.95. Source: 61 FR 14511, Apr. 2, 1996, unless otherwise noted. Sec. 538.1 Scope. This part establishes minimum driving range criteria to aid in identifying passenger automobiles that are dual-fueled automobiles. It also establishes gallon equivalent measurements for gaseous fuels other than natural gas. [75 FR 25728, May 7, 2010] Sec. 538.2 Purpose. The purpose of this part is to specify one of the criteria in 49 U.S.C. chapter 329 ``Automobile Fuel Economy'' for identifying dual- fueled passenger automobiles that are manufactured in model years 1993 through 2019. The fuel economy of a qualifying vehicle is calculated in a special manner so as to encourage its production as a way of facilitating a manufacturer's compliance with the Corporate Average Fuel Economy standards set forth in part 531 of [[Page 197]] this chapter. The purpose is also to establish gallon equivalent measurements for gaseous fuels other than natural gas. [75 FR 25728, May 7, 2010] Sec. 538.3 Applicability. This part applies to manufacturers of automobiles. Sec. 538.4 Definitions. (a) Statutory terms. (1) The terms alternative fuel, alternative fueled automobile, and dual fueled automobile, are used as defined in 49 U.S.C. 32901(a). (2) The terms automobile and passenger automobile, are used as defined in 49 U.S.C. 32901(a), and in accordance with the determinations in part 523 of this chapter. (3) The term manufacturer is used as defined in 49 U.S.C. 32901(a)(13), and in accordance with part 529 of this chapter. (4) The term model year is used as defined in 49 U.S.C. 32901(a)(15). (b)(1) Other terms. The terms average fuel economy, fuel economy, and model type are used as defined in subpart A of 40 CFR part 600. (2) The term EPA means the U.S. Environmental Protection Agency. Sec. 538.5 Minimum driving range. (a) The minimum driving range that a passenger automobile must have in order to be treated as a dual fueled automobile pursuant to 49 U.S.C. 32901(c) is 200 miles when operating on its nominal useable fuel tank capacity of the alternative fuel, except when the alternative fuel is electricity or compressed natural gas. Beginning model year 2016, a natural gas passenger automobile must have a minimum driving range of 150 miles when operating on its nominal useable fuel tank capacity of the alternative fuel to be treated as a dual fueled automobile, pursuant to 49 U.S.C. 32901(c)(2). (b) The minimum driving range that a passenger automobile using electricity as an alternative fuel must have in order to be treated as a dual fueled automobile pursuant to 49 U.S.C. 32901(c) is 7.5 miles on its nominal storage capacity of electricity when operated on the EPA urban test cycle and 10.2 miles on its nominal storage capacity of electricity when operated on the EPA highway test cycle. [81 FR 74274, Oct. 25, 2016] Sec. 538.6 Measurement of driving range. The driving range of a passenger automobile model type not using electricity as an alternative fuel is determined by multiplying the combined EPA urban/highway fuel economy rating when operating on the alternative fuel, by the nominal usable fuel tank capacity (in gallons), of the fuel tank containing the alternative fuel. The combined EPA urban/highway fuel economy rating is the value determined by the procedures established by the Administrator of the EPA under 49 U.S.C. 32904 and set forth in 40 CFR part 600. The driving range of a passenger automobile model type using electricity as an alternative fuel is determined by operating the vehicle in the electric-only mode of operation through the EPA urban cycle on its nominal storage capacity of electricity and the EPA highway cycle on its nominal storage capacity of electricity. Passenger automobile types using electricity as an alternative fuel that have completed the EPA urban cycle after recharging and the EPA highway cycle after recharging shall be deemed to have met the minimum range requirement. [63 FR 66069, Dec. 1, 1998] Sec. 538.7 Petitions for reduction of minimum driving range. (a) A manufacturer of a model type of passenger automobile capable of operating on both electricity and either gasoline or diesel fuel may petition for a reduced minimum driving range for that model type in accordance with paragraphs (b) and (c) of this section. (b) Each petition shall: (1) Be addressed to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. (2) Be submitted not later than the beginning of the first model year in which the petitioner seeks to have the model type treated as an electric dual fueled automobile. [[Page 198]] (3) Be written in the English language. (4) State the full name, address, and title of the official responsible for preparing the petition, and the name and address of the petitioner. (5) Set forth in full data, views, and arguments of the petitioner, including the information and data specified in paragraph (c) of this section, and the calculations and analyses used to develop that information and data. No documents may be incorporated by reference in a petition unless the documents are submitted with the petition. (6) Specify and segregate any part of the information and data submitted under this section that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of this chapter. (c) Each petitioner shall include the following information in its petition: (1) Identification of the model type or types for which a lower driving range is sought under this section. (2) For each model type identified in accordance with paragraph (c)(1) of this section: (i) The driving range sought for that model type. (ii) The number of years for which that driving range is sought. (iii) A description of the model type, including car line designation, engine displacement and type, electric storage capacity, transmission type, and average fuel economy when operating on: (A) Electricity; and (B) Gasoline or diesel fuel. (iv) An explanation of why the petitioner cannot modify the model type so as to meet the generally applicable minimum range, including the steps taken by the petitioner to improve the minimum range of the vehicle, as well as additional steps that are technologically feasible, but have not been taken. The costs to the petitioner of taking these additional steps shall be included. (3) A discussion of why granting the petition would be consistent with the following factors: (i) The purposes of 49 U.S.C. chapter 329, including encouraging the development and widespread use of electricity as a transportation fuel by consumers, and the production of passenger automobiles capable of being operated on both electricity and gasoline/diesel fuel; (ii) Consumer acceptability; (iii) Economic practicability; (iv) Technology; (v) Environmental impact; (vi) Safety; (vii) Driveability; and (viii) Performance. (d) If a petition is found not to contain the information required by this section, the petitioner is informed about the areas of insufficiency and advised that the petition will not receive further consideration until the required information is received. (e) The Administrator may request the petitioner to provide information in addition to that required by this section. (f) The Administrator publishes in the Federal Register a notice of receipt for each petition containing the information required by this section. Any interested person may submit written comments regarding the petition. (g) In reaching a determination on a petition submitted under this section, the Administrator takes into account: (1) The purposes of 49 U.S.C. chapter 329, including encouraging the development and widespread use of alternative fuels as transportation fuels by consumers, and the production of alternative fuel powered motor vehicles; (2) Consumer acceptability; (3) Economic practicability; (4) Technology; (5) Environmental impact; (6) Safety; (7) Driveability; and (8) Performance. (h) If the Administrator grants the petition, the petitioner is notified in writing, specifying the reduced minimum driving range, and specifying the model years for which the reduced driving range applies. The Administrator also publishes a notice of the grant of the petition in the Federal Register and the reasons for the grant. (i) If the Administrator denies the petition, the petitioner is notified in [[Page 199]] writing. The Administrator also publishes a notice of the denial of the petition in the Federal Register and the reasons for the denial. [63 FR 66069, Dec. 1, 1998, as amended at 75 FR 25728, May 7, 2010] Sec. 538.8 Gallon Equivalents for Gaseous Fuels. The gallon equivalent of gaseous fuels, for purposes of calculations made under 49 U.S.C. 32905, are listed in Table I: Table I--Gallon Equivalent Measurements for Gaseous Fuels per 100 Standard Cubic Feet ------------------------------------------------------------------------ Gallon Fuel equivalent measurement ------------------------------------------------------------------------ Compressed Natural Gas................................ 0.823 Liquefied Natural Gas................................. 0.823 Liquefied Petroleum Gas (Grade HD-5)*................. 0.726 Hydrogen.............................................. 0.259 Hythane (Hy5)......................................... 0.741 ------------------------------------------------------------------------ * Per gallon unit of measure. Sec. 538.9 Dual fuel vehicle incentive. The application of 49 U.S.C. 32905(b) and (d) to qualifying dual fuel vehicles is extended to the 2005, 2006, 2007, and 2008 model years. [69 FR 7703, Feb. 19, 2004] PART 541_FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD--Table of Contents Sec. 541.1 Scope. 541.2 Purpose. 541.3 Application. 541.4 Definitions. 541.5 Requirements for passenger motor vehicles. 541.6 Requirements for replacement parts. Appendix A to Part 541 [Reserved] Appendix A-I to Part 541--Lines With Antitheft Devices Which Are Exempted From the Parts-Marking Requirements of This Standard Pursuant to 49 CFR Part 543 Appendix A-II to Part 541 [Reserved] Appendix B to Part 541--Light Duty Truck Lines With Theft Rates Below the 1990/91 Median Theft Rate, Subject to the Requirements of This Standard Appendix C to Part 541--Appendix C to Part 541--Criteria for Selecting Light Duty Truck Lines Likely To Have High Theft Rates Authority: 49 U.S.C. 33101, 33102, 33103, 33104, 33105 and 33106; delegation of authority at 49 CFR 1.95. Source: 50 FR 43190, Oct. 24, 1985, unless otherwise noted. Sec. 541.1 Scope. This standard specifies performance requirements for identifying numbers or symbols to be placed on major parts of certain passenger motor vehicles. Sec. 541.2 Purpose. The purpose of this standard is to reduce the incidence of motor vehicle thefts by facilitating the tracing and recovery of parts from stolen vehicles. Sec. 541.3 Application. (a) Except as provided in paragraph (b) and (c) of this section, this standard applies to the following: (1) Passenger motor vehicle parts identified in Sec. 541.5(a) that are present in: (i) Passenger cars; and (ii) Multipurpose passenger vehicles with a gross vehicle weight rating of 6,000 pounds or less; and (iii) Light-duty trucks with a gross vehicle weight rating of 6,000 pounds or less, that NHTSA has determined to be high theft in accordance with 49 CFR 542.1; and (iv) Light duty trucks with a gross vehicle weight rating of 6,000 pounds or less, that NHTSA has determined to be subject to the requirements of this section in accordance with 49 CFR 542.2. (2) Replacement passenger motor vehicle parts identified in Sec. 541.5(a) for vehicles listed in paragraphs (1)(i) to (iv) of this section. (b) Exclusions. This standard does not apply to the following: (1) Passenger motor vehicle parts identified in Sec. 541.5(a) that are present in vehicles manufactured by a motor vehicle manufacturer that manufactures fewer than 5,000 vehicles for sale in the United States each year. (2) Passenger motor vehicle parts identified in Sec. 541.5(a) that are present in a line with an annual production of not more than 3,500 vehicles. (3) Passenger motor vehicle parts identified in Sec. 541.5(a) that are present in light-duty trucks with a gross vehicle weight rating of 6,000 pounds or [[Page 200]] less, that NHTSA has determined to be subject to the requirements of this section in accordance with 49 CFR 542.2, if the vehicle line with which these light-duty trucks share majority of major interchangeable parts is exempt from parts marking requirements pursuant to part 543. (c) For vehicles listed in subparagraphs (1)(i) to (iv) of this section that are (1) not subject to the requirements of this standard until September 1, 2006, and (2) manufactured between September 1, 2006 and August 31, 2007; a manufacturer needs to meet the requirements of this part only for lines representing at least 50% of a manufacturer's total production of these vehicles. [70 FR 28851, May 19, 2005] Sec. 541.4 Definitions. (a) Statutory terms. All terms defined in 49 U.S.C. chapter 331 are used in accordance with their statutory meanings unless otherwise defined in paragraph (b) of this section. (b) Other definitions. (1) Interior surface means, with respect to a vehicle part, a surface that is not directly exposed to sun and precipitation. (2) Light-duty truck (LDT) means a motor vehicle, with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment, that is rated at 6,000 pounds gross vehicle weight or less. (3) Line means a name which a manufacturer applies to a group of motor vehicles of the same make which have the same body or chassis, or otherwise are similar in construction or design. A ``line'' may, for example, include 2-door, 4-door, station wagon, and hatchback vehicles of the same make. (4) 1990/91 median theft rate means 3.5826 thefts per thousand vehicles produced. (5) Multipurpose passenger vehicle (MPV) means a passenger motor vehicle which is constructed either on a truck chassis or with special features for occasional off-road operation and which is rated at 6,000 pounds gross vehicle weight or less. (6) Passenger car is used as defined in Sec. 571.3 of this chapter. (7) VIN means the vehicle identification number required by part 565 of this chapter. [59 FR 64168, Dec. 13, 1994, as amended at 61 FR 29033, June 7, 1996] Sec. 541.5 Requirements for passenger motor vehicles. (a) Each passenger motor vehicle subject to this standard must have an identifying number affixed or inscribed on each of the parts specified in paragraphs (a)(1) through (a)(18) inclusive, if the part is present on the passenger motor vehicle. In the case of passenger motor vehicles not originally manufactured to comply with applicable U.S. vehicle safety and bumper standards, each such motor vehicle subject to this standard must have an identifying number inscribed in a manner which conforms to paragraph (d)(2) of this section, on each of the parts specified in paragraphs (a)(1) through (a)(18), inclusive, if the part is present on the motor vehicle. (1) Engine. (2) Transmission. (3) Right front fender. (4) Left front fender. (5) Hood. (6) Right front door. (7) Left front door. (8) Right rear door. (9) Left rear door. (10) Sliding or cargo door(s). (11) Front bumper. (12) Rear bumper. (13) Right rear quarter panel (passenger cars). (14) Left rear quarter panel (passenger cars). (15) Right-side assembly (MPVs). (16) Left-side assembly (MPVs). (17) Pickup box, and/or cargo box (LDTs). (18) Rear door(s) (both doors in case of double doors), decklid, tailgate, or hatchback (whichever is present). (b)(1) Except as provided in paragraphs (b)(2) and (b)(3) of this section, the number required to be inscribed or affixed by paragraph (a) shall be the VIN of the passenger motor vehicle. (2) In place of the VIN, manufacturers who were marking engines and/ or transmissions with a VIN derivative consisting of at least the last eight characters of the VIN on October 24, [[Page 201]] 1984, may continue to mark engines and/or transmissions with such VIN derivative. (3) In the case of passenger motor vehicles not originally manufactured to comply with U.S. vehicle safety and bumper standards, the number required to be inscribed by paragraph (a) of this section shall be the original vehicle identification number assigned to the motor vehicle by its original manufacturer in the country where the motor vehicle was originally produced or assembled. (c) The characteristics of the number required to be affixed or inscribed by paragraph (a) of this section shall satisfy the size and style requirements set forth for vehicle certification labels in Sec. 567.4(g) of this chapter. (d) The number required by paragraph (a) of this section must be affixed by means that comply with paragraph (d)(1) of this section or inscribed by means that comply with paragraph (d)(2) of this section. (1) Labels. (i) The number must be printed indelibly on a label, and the label must be permanently affixed to the passenger motor vehicle's part. (ii) The number must be placed on each part specified in paragraph (a) of this section in a location such that the number is, if practicable, on an interior surface of the part as installed on the vehicle and in a location where it: (A) Will not be damaged by the use of any tools necessary to install, adjust, or remove the part and any adjoining parts, or any portions thereof; (B) Is on a portion of the part not likely to be damaged in a collision; and (C) Will not be damaged or obscured during normal dealer preparation operations (including rustproofing and undercoating). (iii) The number must be placed on each part specified in paragraph (a) of this section in a location that is visible without further disassembly once the part has been removed from the vehicle. (iv) The number must be placed entirely within the target area specified by the original manufacturer for that part, pursuant to paragraph (e) of this section, on each part specified in paragraph (a) of this section. (v) Removal of the label must-- (A) Cause the label to self-destruct by tearing or rendering the number on the label illegible, and (B) Discernibly alter the appearance of that area of the part where the label was affixed by leaving residual parts of the label or adhesive in that area, so that investigators will have evidence that a label was originally present. (vi) Alteration of the number on the label must leave traces of the original number or otherwise visibly alter the appearance of the label material. (vii) The label and the number shall be resistant to counterfeiting. (viii) The logo or some other unique identifier of the vehicle manufacturer must be placed in the material of the label in a manner such that alteration or removal of the logo visibly alters the appearance of the label. (2) Other means of identification. (i) Removal or alteration of any portion of the number must visibly alter the appearance of the section of the vehicle part on which the identification is marked. (ii) The number must be placed on each part specified in paragraph (a) of this section in a location that is visible without further disassembly once the part has been removed from the vehicle. (iii) The number must be placed entirely within the target area specified by the original manufacturer for that part, pursuant to paragraph (e) of this section, on each part specified in paragraph (a) of this section. (e) Target areas. (1) Each manufacturer that is the original producer who installs or assembles the covered major parts on a line shall designate a target area for the identifying numbers to be marked on each part specified in paragraph (a) of this section for each of its lines subject to this standard. The target area shall not exceed 50 percent of the surface area on the surface of the part on which the target area is located. (2) Each manufacturer subject to paragraph (e)(1) of this section shall, not later than 30 days before the line is introduced into commerce, inform NHTSA in writing of the target areas designated for each line subject to this standard. In those instances where a [[Page 202]] manufacturer has submitted this target area information to NHTSA with a request for confidential treatment pursuant to 49 CFR part 512, the manufacturer must also submit a complete copy of the target area information within seven (7) days after the information becomes public, or the new line is released for sale to the public, whichever comes first. The information must be submitted to: Docket Management, Room W12-140, West Building, Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590 by any of the following methods. In all cases, the docket number for the submission, (Docket No. NHTSA-2009-0069) must be cited. (i) Electronic submission to the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting information. (ii) By U.S. Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, D.C. 20590. (iii) Hand delivery or by courier: 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Telephone: 1-800-647-5527. (iv) By Fax transmission: (202) 493-2251. (3) The target areas designated by the original vehicle manufacturer for a part on a line shall be maintained for the duration of the production of such line, unless a restyling of the part makes it no longer practicable to mark the part within the original target area. If there is such a restyling, the original vehicle manufacturer shall inform NHTSA of that fact and the new target area, in accordance with the requirements of paragraph (e)(2) of this section. [59 FR 64168, Dec. 13, 1994, as amended at 69 FR 17967, Apr. 6, 2004; 76 FR 24403, May 2, 2011] Sec. 541.6 Requirements for replacement parts. (a) Each replacement part for a part specified in Sec. 541.5(a) must have the registered trademark of the manufacturer of the replacement part, or some other unique identifier if the manufacturer does not have a registered trademark, and the letter ``R'' affixed or inscribed on such replacement part by means that comply with Sec. 541.5(d), except as provided in paragraph (d) of this section. In the case of replacement parts subject to the marking requirements of this section, which were not originally manufactured for sale in the United States, the importer of the part shall inscribe its registered trademark, or some other unique identifier if the importer does not have a registered trademark, and the letter ``R'' on the part by means that comply with Sec. 541.5(d)(2), except as provided in paragraph (d) of this section. (b) A replacement part subject to paragraph (a) of this section shall not be marked pursuant to Sec. 541.5. (c) The trademark and the letter ``R'' required by paragraph (a) of this section must be at least one centimeter high. (d) The trademark and the letter ``R'' required by paragraph (a) of this section must be placed entirely within the target area specified by the vehicle manufacturer, pursuant to paragraph (e) of this section. (e) Target areas. (1) Each manufacturer that is the original producer or assembler of the vehicle for which the replacement part is designed shall designate a target area for the identifying symbols to be marked on each replacement part subject to the requirements of paragraph (a) of this section. Such target areas shall not exceed 25 percent of the surface area of the surface on which the replacement part marking will appear. (2) The boundaries of the target area designated under paragraph (e)(1) of this section shall be at least 10 centimeters at all points from the nearest boundaries of the target area designated for that part under Sec. 541.5(e) of this part. (3) Each manufacturer subject to paragraph (e)(1) of this section shall inform NHTSA in writing of the target areas designated for each replacement part subject to paragraph (a) of this section, at the same time as it informs the agency of the target area designated for the original equipment parts of the line, pursuant to [[Page 203]] Sec. 541.5(e)(2) of this part. In those instances where a manufacturer has submitted this target area information to NHTSA with a request for confidential treatment under 49 CFR part 512, the manufacturer shall also submit a complete copy of the target area information within seven (7) days after the information has become public or the new line has been released for sale to the public, whichever comes first. The information should be submitted to: Docket Management, Room W12-140, Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590 by any of the following methods. In all cases, the docket number for the submission, (Docket No. NHTSA-2009-0069) must be cited. (i) Electronic submission to the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting information. (ii) By U.S. Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590. (iii) Hand delivery or by courier: 1200 New Jersey Avenue, S.E., West Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Telephone: 1-800-647-5527. (iv) By Fax transmission: (202) 493-2251. (4) The target area designated by the original vehicle manufacturer for the parts subject to the requirements of paragraph (a) of this section shall be maintained for the duration of the production of such replacement part, unless a restyling of the part makes it no longer practicable to mark the part within the original target area. If there is such a restyling, the original vehicle manufacturer shall inform NHTSA of that fact and the new target area, in accordance with the requirements of paragraph (e)(3) of this section. (f) Each replacement part must bear the symbol ``DOT'' in letters at least one centimeter high within 5 centimeters of the trademark and of the letter ``R'', and entirely within the target area specified under paragraph (d) of this section. The symbol ``DOT'' constitutes the manufacturer's certification that the replacement part conforms to the applicable theft prevention standard, and shall be inscribed or affixed by means that comply with paragraph (a) of this section. In the case of replacement parts subject to the requirements of paragraph (a) of this section, which were not originally manufactured for sale in the United States, the importer shall inscribe the ``DOT'' symbol before the part is imported into the United States. [50 FR 43190, Oct. 24, 1985, as amended at 76 FR 24403, May 2, 2011] Sec. Appendix A to Part 541 [Reserved] Sec. Appendix A-I to Part 541--Lines With Antitheft Devices Which Are Exempted From the Parts-Marking Requirements of This Standard Pursuant to 49 CFR Part 543 ------------------------------------------------------------------------ Manufacturer Subject lines ------------------------------------------------------------------------ BMW.......................................... MINI, MINI Countryman (MPV), X1 (MPV), X1, X2 (MPV), X3 (MPV), X4 (MPV), X5 (MPV), Z4, 2 Series,\1\ 3 Series, 4 Series, 5 Series, 6 Series, 7 Series, 8 Series. CHRYSLER..................................... 200, 300, Dodge Charger, Dodge Challenger, Dodge Dart, Dodge Journey, Fiat 500, Fiat 124 Spider, Jeep Cherokee, Jeep Compass, Jeep Grand Cherokee (MPV), Jeep Gladiator,\1\ Jeep Patriot, Jeep Wrangler/ Wrangler JK,\2\ Jeep Wrangler JL (new), Town and Country MPV. FORD MOTOR CO................................ C-Max, EcoSport, Edge, Escape, Explorer, Fiesta, Focus, Fusion, Lincoln Corsair,\1\ Lincoln MKC, Lincoln MKX, Lincoln Nautilus, Mustang. GENERAL MOTORS............................... Buick LaCrosse/Regal, Buick Encore,\1\ Buick Verano, Cadillac ATS, Cadillac CTS, Cadillac SRX, Cadillac XTS, Cadillac XT4, Chevrolet Bolt, Chevrolet Camaro, Chevrolet Corvette, Chevrolet Cruze, Chevrolet Equinox, Chevrolet Impala/Monte Carlo, Chevrolet Malibu, Chevrolet Sonic, Chevrolet Spark, Chevrolet Volt, GMC Terrain. HONDA........................................ Accord, Acura TLX,\1\ Acura MDX, Civic, CR-V, Passport, Pilot. HYUNDAI...................................... Azera, Equus, Genesis G70,\1\ Genesis G80,\3\ IONIQ. JAGUAR....................................... F-Type, XE, XF, XJ, Land Rover Discovery Sport, Land Rover E-Pace,\1\ Land Rover F-Pace, Land Rover Range Rover Evoque, Land Rover Velar. [[Page 204]] KIA.......................................... Niro, Stinger. MASERATI..................................... Ghibli, Levante (SUV), Quattroporte. MAZDA........................................ 2, 3, 5, 6, CX-3, CX-5, CX-9, MX-5 Miata. MERCEDES-BENZ................................ smart Line Chassis, smart USA fortwo, SL-Line Chassis (SL-Class), (the models within this line are): SL400/SL450, SL550, SL 63/AMG, SL 65/ AMG, SLK-Line Chassis (SLK-Class/SLC-Class), (the models within this line are): SLK 250, SLK 300, SLK 350, SLK 55 AMG, SLC 300 AMG, SLC 43, S-Line Chassis (S/CL/ S-Coupe Class/S-Class Cabriolet/Mercedes Maybach), (the models within this line are): S400 Hybrid, S550, S600, S63 AMG, S65 AMG, Mercedes-Maybach S560, Mercedes-Maybach S650, CL550, CL600, CL63 AMG, CL65 AMG, NGCC Chassis Line (CLA/GLA/B-Class/A- Class), (the models within this line are): A220, B250e, CLA250, CLA45 AMG, GLA250, GLA45 AMG, C-Line Chassis (C- Class/CLK/GLK-Class/GLC- Class), (the models within this line are): C63 AMG, C240, C250, C300, C350, CLK 350, CLK 550, CLK 63AMG, GLK250, GLK350, E-Line Chassis (E-Class/CLS Class), (the models within this line are): E55, E63 AMG, E320 BLUETEC, E350 BLUETEC, E320/E320DT CDi, E350/E500/E550, E400 HYBRID, CLS400, CLS500/550, CLS55 AMG, CLS63 AMG. MITSUBISHI................................... Eclipse Cross, iMiEV, Lancer, Outlander, Outlander Sport, Mirage. NISSAN....................................... Altima, Juke, Leaf, Maxima, Murano, NV200 Taxi, Pathfinder, Quest, Rogue, Kicks, Sentra, Infiniti Q70, Infiniti Q50/60, Infiniti QX50, Infiniti QX60, Versa.\1\ PORSCHE...................................... 911, Boxster/Cayman, Macan, Panamera, Taycan.\1\ SUBARU....................................... Ascent, Forester, Impreza, Legacy, Outback, WRX, XV Crosstrek/Crosstrek.\4\ TESLA........................................ Model 3, Model S, Model X, Model Y.\1\ TOYOTA....................................... Avalon, Camry, Corolla, C- HR,\1\ Highlander, Lexus ES, Lexus GS, Lexus LS, Lexus NX, Lexus RX, Prius, RAV4, Sienna. VOLKSWAGEN................................... Atlas, Beetle, Eos, Jetta, Passat, Tiguan, Golf/Golf Sport wagen/ eGolf/Alltrack, Audi A3, Audi A4, Audi A4Allroad MPV, Audi A6, Audi A8, Audi Q3, Audi Q5, Audi TT. VOLVO........................................ S60. ------------------------------------------------------------------------ \1\ Granted an exemption from the parts-marking requirements beginning with MY 2020. \2\ Jeep Wrangler (2009-2019) nameplate changed to Jeep Wrangler JK, JK discontinued after MY 2018. \3\ Hyundai discontinued use of its parts-marking exemption for the Genesis vehicle line beginning with the 2010 model year, line was reintroduced as the Genesis G80. \4\ Subaru XV Crosstrek nameplate changed to Crosstrek beginning with MY 2016. [87 FR 51616, Aug. 23, 2022] Sec. Appendix A-II to Part 541 [Reserved] Sec. Appendix B to Part 541--Light Duty Truck Lines With Theft Rates Below the 1990/91 Median Theft Rate, Subject to the Requirements of This Standard ------------------------------------------------------------------------ Manufacturer Subject lines ------------------------------------------------------------------------ None ------------------------------------------------------------------------ [69 FR 17967, Apr. 6, 2004] Sec. Appendix C to Part 541--Criteria for Selecting Light Duty Truck Lines Likely To Have High Theft Rates Scope These criteria specify the factors the Administrator will take into account in determining whether a new line is likely to have a high theft rate, and, therefore, whether such line will be subject to the requirements of this theft prevention standard. Purpose The purpose of these criteria is to enable the Administrator to select, by agreement with the manufacturer, if possible, those new lines which are likely to have high theft rates. Application These criteria apply to lines of passenger motor vehicles initially introduced into commerce on or after September 1, 2006. Methodology These criteria will be applied to each line initially introduced into commerce on or after September 1, 2006. The likely theft rate for such lines will be determined in relation to the national median theft rate for 1990 and 1991. If the line is determined to be likely to have a theft rate above the national median, the Administrator will select such line for coverage under this theft prevention standard. Criteria 1. Retail price of the vehicle line. 2. Vehicle image or marketing strategy. [[Page 205]] 3. Vehicle lines with which the new line is intended to compete, and the theft rates of such lines. 4. Vehicle line(s), if any, which the new line is intended to replace, and the theft rate(s) of such line(s). 5. Presence or absence of any new theft prevention devices or systems. 6. Preliminary theft rate for the line, if it can be determined on the basis of currently available data. [50 FR 43190, Oct. 24, 1985, as amended at 69 FR 17967, Apr. 6, 2004; 69 FR 34613, June 22, 2004] PART 542_PROCEDURES FOR SELECTING LIGHT DUTY TRUCK LINES TO BE COVERED BY THE THEFT PREVENTION STANDARD--Table of Contents Sec. 542.1 Procedures for selecting new light duty truck lines that are likely to have high or low theft rates. 542.2 Procedures for selecting low theft light duty truck lines with a majority of major parts interchangeable with those of a passenger motor vehicle line. Authority: 49 U.S.C. 322, 33101, 33102, 33103, 33104, 33105; delegation of authority at 49 CFR 1.50. Source: 59 FR 21672, Apr. 26, 1994, unless otherwise noted. Sec. 542.1 Procedures for selecting new light duty truck lines that are likely to have high or low theft rates. (a) Scope. This section sets forth the procedures for motor vehicle manufacturers and NHTSA to follow in the determination of whether any new light duty truck line is likely to have a theft rate above or below the 1990/91 median theft rate. (b) Application. These procedures apply to each manufacturer that plans to introduce a new light duty truck line into commerce in the United States on or after September 1, 2006, and to each of those new lines. (c) Procedures. (1) Each manufacturer shall use the criteria in appendix C of part 541 of this chapter to evaluate each new light duty truck line and to conclude whether the new line is likely to have a theft rate above or below the 1990/91 median theft rate. (2) For each new light duty truck line, the manufacturer shall submit its evaluations and conclusions made under paragraph (c) of this section, together with the underlying factual information, to NHTSA not less than 15 months before the date of introduction. The manufacturer may request a meeting with the agency during this period to further explain the bases for its evaluations and conclusions. (3) Within 90 days after its receipt of the manufacturer's submission under paragraph (c)(2) of this section, the agency independently evaluates the new light duty truck line using the criteria in appendix C of part 541 of this chapter and, on a preliminary basis, determines whether the new line should or should not be subject to Sec. 541.2 of this chapter. NHTSA informs the manufacturer by letter of the agency's evaluations and determinations, together with the factual information considered by the agency in making them. (4) The manufacturer may request the agency to reconsider any of its preliminary determinations made under paragraph (c)(3) of this section. The manufacturer shall submit its request to the agency within 30 days of its receipt of the letter under paragraph (c)(3) of this section. The request shall include the facts and arguments underlying the manufacturer's objections to the agency's preliminary determinations. During this 30-day period, the manufacturer may also request a meeting with the agency to discuss those objections. (5) Each of the agency's preliminary determinations under paragraph (c)(3) of this section shall become final 45 days after the agency sends the letter specified in paragraph (c)(3) of this section unless a request for reconsideration has been received in accordance with paragraph (c)(4) of this section. If such a request has been received, the agency makes its final determinations within 60 days of its receipt of the request. NHTSA informs the manufacturer by letter of those determinations and its response to the request for reconsideration. [69 FR 17967, Apr. 6, 2004; 69 FR 34613, June 22, 2004] [[Page 206]] Sec. 542.2 Procedures for selecting low theft light duty truck lines with a majority of major parts interchangeable with those of a passenger motor vehicle line. (a) Scope. This section sets forth the procedures for motor vehicle manufacturers and NHTSA to follow in the determination of whether any light duty truck lines that have or are likely to have a low theft rate have major parts interchangeable with a majority of the covered major parts of a passenger motor vehicle line. (b) Application. These procedures apply to: (1) Each manufacturer that produces-- (i) At least one passenger motor vehicle line identified in 49 CFR 541.3(a)(1) and (2) that has been or will be introduced into commerce in the United States, and (ii) At least one light duty truck line that has been or will be introduced into commerce in the United States and that the manufacturer identifies as likely to have a theft rate below the median theft rate; and (2) Each of those likely sub-median theft rate light duty truck lines. (c) Procedures. (1) For each light duty truck line that a manufacturer identifies under appendix C of part 541 of this chapter as having or likely to have a theft rate below the median rate, the manufacturer identifies how many and which of the major parts of that line will be interchangeable with the covered major parts of any of its passenger motor vehicle lines. (2) If the manufacturer concludes that a light duty truck line that has or is likely to have a theft rate below the median theft rate has major parts that are interchangeable with a majority of the covered major parts of a passenger motor vehicle line, the manufacturer determines whether all the vehicles of those lines with sub-median or likely sub-median theft rates will account for more than 90 percent of the total annual production of all of the manufacturer's lines with those interchangeable parts. (3) The manufacturer submits its evaluations and conclusions made under paragraphs (c)(1) and (2) of this section, together with the underlying factual information, to NHTSA not less than 15 months before the date of introduction. During this period, the manufacturer may request a meeting with the agency to further explain the bases for its evaluations and conclusions. (4) Within 90 days after its receipt of the manufacturer's submission under paragraph (c)(3) of this section, NHTSA considers that submission, if any, and independently makes, on a preliminary basis, the determinations of those light duty truck lines with sub-median or likely sub-median theft rates which should or should not be subject to Sec. 541.5 of this chapter. NHTSA informs the manufacturer by letter of the agency's preliminary determinations, together with the factual information considered by the agency in making them. (5) The manufacturer may request the agency to reconsider any of its preliminary determinations made under paragraph (c)(4) of this section. The manufacturer must submit its request to the agency within 30 days of its receipt of the letter under paragraph (c)(4) of this section informing it of the agency's evaluations and preliminary determinations. The request must include the facts and arguments underlying the manufacturer's objections to the agency's preliminary determinations. During this 30-day period, the manufacturer may also request a meeting with the agency to discuss those objections. (6) Each of the agency's preliminary determinations made under paragraph (c)(4) of this section becomes final 45 days after the agency sends the letter specified in that paragraph unless a request for reconsideration has been received in accordance with paragraph (c)(5) of this section. If such a request has been received, the agency makes its final determinations within 60 days of its receipt of the request. NHTSA informs the manufacturer by letter of those determinations and its response to the request for reconsideration. [69 FR 17968, Apr. 6, 2004] [[Page 207]] PART 543_EXEMPTION FROM VEHICLE THEFT PREVENTION STANDARD--Table of Contents Sec. 543.1 Scope. 543.2 Purpose. 543.3 Application. 543.4 Definitions. 543.5 Petition: General requirements. 543.6 Petition: Specific content requirements. 543.7 Petitions based on performance criteria. 543.8 Processing an exemption petition. 543.9 Duration of exemption. 543.10 Terminating or modifying an exemption. Appendix A to Part 543--Performance Criteria (Subsections 8 Through 21) of C.R.C, c. 1038.114 (in Effect March 30, 2011) Authority: 49 U.S.C. 322, 33101, 33102, 33103, 33104 and 33105; delegation of authority at 49 CFR 1.95. Source: 52 FR 33829, Sept. 8, 1987, unless otherwise noted. Sec. 543.1 Scope. This part establishes procedures under section 605 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2025) for filing and processing petitions to exempt lines of passenger motor vehicles from part 541 of this chapter, and procedures for terminating or modifying an exemption. Sec. 543.2 Purpose. The purpose of this part is to specify the content and format of petitions which may be filed by manufacturers of passenger motor vehicles to obtain an exemption from the parts-marking requirements of the vehicle theft prevention standard for passenger motor vehicle lines which include, as standard equipment, an antitheft device if the agency concludes that the device is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements. This part also provides the procedures that the agency will follow in processing those petitions and in terminating or modifying exemptions. Sec. 543.3 Application. This part applies to manufacturers of vehicles subject to the requirements of part 541 of this chapter, and to any interested person who seeks to have NHTSA terminate an exemption. [70 FR 28851, May 19, 2005] Sec. 543.4 Definitions. (a) Statutory terms. All terms defined in sections 2, 601, and 605 of the Motor Vehicle Information and Cost Savings Act are used in accordance with their statutory meanings unless otherwise defined in paragraph (b) of this section. (b) Other definitions. Accessory mode means the ignition switch setting in which certain electrical systems (such as the radio and power windows) can be operated without the operation of the vehicle's propulsion engine. Immobilizer means a device that, when activated, is intended to prevent a motor vehicle from being powered by its own propulsion system. Line or car line means a name which a manufacturer applies to a group of motor vehicles of the same make which have the same body or chassis, or otherwise are similar in construction or design. A ``line'' may, for example, include 2-door, 4-door, station wagon, and hatchback vehicles of the same make. NHTSA means the National Highway Traffic Safety Administration. [52 FR 33829, Sept. 8, 1987, as amended at 81 FR 66841, Sept. 29, 2016] Sec. 543.5 Petition: General requirements. (a) For each model year, a manufacturer may petition NHTSA for an exemption of one car line from the requirements of part 541 of this chapter. However, for car lines not subject to the requirements of part 541 of this chapter until September 1, 2006, a manufacturer may not petition NHTSA for an exemption for model years before model year 2006. (b) Each petition filed under this part for an exemption must-- (1) Be written in the English language; (2) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. [[Page 208]] (3) State the full name and address of the petitioner, the nature of its organization (individual, partnership, corporation, etc.), and the name of the State or country under the laws of which it is organized; (4) Be submitted at least 8 months before the commencement of production of the lines specified under paragraph (5) of Sec. 543.5(b) for the first model year in which the petitioner wishes those lines to be exempted, and identify that model year; (5) Identify the passenger motor vehicle line or lines for which exemption is sought; (6) Identify whether the exemption is sought under Sec. 543.6 or Sec. 543.7. (7) If the exemption is sought under Sec. 543.6, set forth in full the data, views, and arguments of the petitioner supporting the exemption, including the information specified in that section. (8) If the exemption is sought under Sec. 543.7, submission of the information required in that section. (9) Specify and segregate any part of the information or data submitted that the petitioner requests be withheld from public disclosure in accordance with part 512, Confidential Business Information, of this chapter. [52 FR 33829, Sept. 8, 1987, as amended at 59 FR 10758, Mar. 8, 1994; 70 FR 28851, May 19, 2005; 81 FR 66841, Sept. 29, 2016] Sec. 543.6 Petition: Specific content requirements. (a) Each petition for exemption filed under this part must include: (1) A statement that an antitheft device will be installed as standard equipment on all vehicles in the line for which an exemption is sought; (2) A list naming each component in the antitheft system, and a diagram showing the location of each of those components within the vehicle; (3) A discussion that explains the means and process by which the device is activated and functions, including any aspect of the device designed to-- (i) Facilitate or encourage its activation by motorists, (ii) Attract attention to the efforts of an unauthorized person to enter or move a vehicle by means other than a key, (iii) Prevent defeating or circumventing the device by an unauthorized person attempting to enter a vehicle by means other than a key, (iv) Prevent the operation of a vehicle which an unauthorized person has entered using means other than a key, and (v) Ensure the reliability and durability of the device; (4) The reasons for the petitioner's belief that the antitheft device will be effective in reducing and deterring motor vehicle theft, including any theft data and other data that are available to the petitioner and form a basis for that belief; (5) The reasons for the petitioner's belief that the agency should determine that the antitheft device is likely to be as effective as compliance with the parts-marking requirements of part 541 in reducing and deterring motor vehicle theft, including any statistical data that are available to the petitioner and form a basis for petitioner's belief that a line of passenger motor vehicles equipped with the antitheft device is likely to have a theft rate equal to or less than that of passenger motor vehicles of the same, or a similar, line which have parts marked in compliance with part 541. (b) Any petitioner submitting data under paragraph (a) (4) or (5) of this section shall submit an explanation of its belief that the data are sufficiently representative and reliable to warrant NHTSA's reliance upon them. [52 FR 33829, Sept. 8, 1987, as amended at 59 FR 10758, Mar. 8, 1994] Sec. 543.7 Petitions based on performance criteria. A petition submitted under this section must include: (a) A statement that the entire line of vehicles is equipped with an immobilizer, as standard equipment, that meets one of the following: (1) The performance criteria (subsections 8 through 21) of C.R.C, c. 1038.114, Theft Protection and Rollaway Prevention (in effect March 30, 2011), as excerpted in appendix A of this part; (2) National Standard of Canada CAN/ULC-S338-98, Automobile Theft Deterrent Equipment and Systems: Electronic Immobilization (May 1998); [[Page 209]] (3) United Nations Economic Commission for Europe (UN/ECE) Regulation No. 97 (ECE R97), Uniform Provisions Concerning Approval of Vehicle Alarm System (VAS) and Motor Vehicles with Regard to Their Alarm System (AS) in effect August 8, 2007; or (4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical Prescriptions Concerning the Protection of Motor Vehicles Against Unauthorized Use in effect on February 10, 2009. (b) Compliance documentation kept to demonstrate the basis for certification with the performance criteria specified in paragraph (a) of this section. (c) A statement that the immobilizer device is durable and reliable. [81 FR 66841, Sept. 29, 2016] Sec. 543.8 Processing an exemption petition. (a) NHTSA processes any complete petition. If a manufacturer submits a petition that does not contain all the information required by this part, NHTSA informs the manufacturer of the areas of insufficiency and advises the manufacturer that the agency does not process the petition until it receives the required information. (b) The agency grants a petition for an exemption from the parts- marking requirements of part 541 either in whole or in part, if it determines that, based upon substantial evidence, the standard equipment antitheft device is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of part 541. (c) The agency issues its decision either to grant or deny an exemption petition not later than 120 days after the date on which a complete petition is filed. (d) Any exemption granted under this part applies only to the vehicle line or lines that are the subject of the grant, and are equipped with the antitheft device on which the line's exemption was based. (e) An exemption granted under this part is effective for the model year beginning after the model year in which NHTSA issue the notice of exemption, unless the notice of exemption specifies a later model year. (f) If the petition is sought under Sec. 543.6, NHTSA publishes a notice of its decision to grant or deny an exemption petition in the Federal Register and notifies the petitioner in writing of the agency's decision. (g) If the petition is sought under Sec. 543.7, NHTSA notifies the petitioner in writing of the agency's decision to grant or deny an exemption petition. [52 FR 33829, Sept. 8, 1987. Redesignated and amended at 81 FR 66841, Sept. 29, 2016] Sec. 543.9 Duration of exemption. Each exemption under this part continues in effect unless it is modified or terminated under Sec. 543.10, or the manufacturer ceases production of the exempted line. [81 FR 66841, Sept. 29, 2016] Sec. 543.10 Terminating or modifying an exemption. (a) On its own initiative or in response to a petition, NHTSA may commence a proceeding to terminate or modify any exemption granted under this part. (b) Any interested person may petition the agency to commence a proceeding to terminate or modify an exemption. (c)(1) In a petition to terminate an exemption, the petitioner must: (i) Identify the vehicle line or lines that are the subject of the exemption; (ii) State the reasons for petitioner's belief that the standard equipment antitheft device installed under the exemption is not as effective as compliance with the parts-marking requirements of part 541 in reducing and deterring motor vehicle theft; (iii) Comply with Sec. 543.5, paragraphs (b) (1) through (3) and (7). (2) In a petition to modify an exemption, the petitioner must: (i) Identify the vehicle line or lines that are the subject of the exemption; (ii) Request permission to use an antitheft device similar to, but different from the standard equipment antitheft device which is installed under the exemption; (iii) Comply with Sec. 543.5, paragraphs (b) (1) through (3) and (7); and (iv) Provide the same information for the modified device that is required [[Page 210]] under Sec. 543.6 for a new device, except that the information specified by Sec. 543.6(a)(3) need by provided only to the extent that the modified device differs from the standard equipment antitheft device installed under the exemption. (d) NHTSA processes any complete petition. If a person submits a petition under this section that does not contain all the information required by it, NHTSA informs the manufacturer of the areas of insufficiency and advises the manufacturer that the agency does not process the petition until it receives the required information. (e) If NHTSA denies a petition requesting a proceeding to terminate or modify an exemption, the agency notifies the petitioner by letter. (f) If NHTSA commences a termination proceeding on its own initiative or in response to a petition, the agency provides the manufacturer of the exempted line with a copy of the petition, if any, a written statement of NHTSA's reasons for commencing the proceeding, and an opportunity to present its written views. (g)(1) The agency terminates an exemption if it determines that the antitheft device installed under the exemption has not been as effective as parts-marking in reducing and deterring motor vehicle theft. (2) Except as provided in paragraph (g)(3) of this section, a decision to terminate an exemption under this section takes effect on the later of the following dates: (i) The last day of the model year in which NHTSA issues the termination decision, or (ii) Six months after the manufacturer receives written notice of the termination. (3) If a manufacturer shows good cause why terminating its exemption effective on a date later than the one specified in paragraph (g)(2) of this section is consistent with the public interest and the purposes of the Act, the agency may set such later date. (h)(1) The agency modifies an exemption if it determines, based on substantial evidence, that the modified antitheft device described in the petition is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of part 541. (2)(i) Except as provided in paragraph (h)(2)(ii) of this section, a decision to modify an exemption under this section takes effect on the first day of the model year following the model year in which NHTSA issued the modification decision. (ii) If a manufacturer shows good cause why modifying its exemption effective on a date earlier than the one specified in paragraph (h)(2)(i) of this section is consistent with the public interest and the purposes of the Act, the agency may set such earlier date. (i) [Reserved] (j) NHTSA publishes notice in the Federal Register of any agency decision terminating or modifying an exemption, and notifies the affected manufacturer in writing. [52 FR 33829, Sept. 8, 1987. Redesignated at 81 FR 66841, Sept. 29, 2016] Sec. Appendix A to Part 543--Performance Criteria (Subsections 8 Through 21) of C.R.C, c. 1038.114 (in Effect March 30, 2011) In order to be eligible for an exemption under Sec. 543.7(a)(1), the entire vehicle line must be equipped with an immobilizer meeting the following criteria: (1) Subject to paragraph (2) of this appendix, an immobilization system shall arm automatically within a period of not more than 1 minute after the disarming device is removed from the vehicle, if the vehicle remains in a mode of operation other than accessory mode or on throughout that period. (2) If the disarming device is a keypad or biometric identifier, the immobilization system shall arm automatically within a period of not more than 1 minute after the motors used for the vehicle's propulsion are turned off, if the vehicle remains in a mode of operation other than accessory mode or on throughout that period. (3) The immobilization system shall arm automatically not later than 2 minutes after the immobilization system is disarmed, unless: (i) Action is taken for starting one or more motors used for the vehicle's propulsion; (ii) Disarming requires an action to be taken on the engine start control or electric motor start control, the engine stop control or electric motor stop control, or the ignition switch; or (iii) Disarming occurs automatically by the presence of a disarming device and the device is inside the vehicle. [[Page 211]] (4) If armed, the immobilization system shall prevent the vehicle from moving more than 3 meters (9.8 feet) under its own power by inhibiting the operation of at least one electronic control unit and shall not have any impact on the vehicle's brake system except that it may prevent regenerative braking and the release of the parking brake. (5) During the disarming process, a code shall be sent to the inhibited electronic control unit in order to allow the vehicle to move under its own power. (6) It shall not be possible to disarm the immobilization system by interrupting its normal operating voltage. (7) When the normal starting procedure requires that the disarming device mechanically latch into a receptacle and the device is physically separate from the ignition switch key, one or more motors used for the vehicle's propulsion shall start only after the device is removed from that receptacle. (8)(i) The immobilization system shall have a minimum capacity of 50,000 code variants, shall not be disarmed by a code that can disarm all other immobilization systems of the same make and model; and (ii) subject to paragraph (9) of this appendix, it shall not have the capacity to process more than 5,000 codes within 24 hours. (9) If an immobilization system uses rolling or encrypted codes, it may conform to the following criteria instead of the criteria set out in paragraph (8)(ii) of this appendix: (i) The probability of obtaining the correct code within 24 hours shall not exceed 4 per cent; and (ii) It shall not be possible to disarm the system by re- transmitting in any sequence the previous 5 codes generated by the system. (10) The immobilization system shall be designed so that, when tested as installed in the vehicle neither the replacement of an original immobilization system component with a manufacturer's replacement component nor the addition of a manufacturer's component can be completed without the use of software; and it is not possible for the vehicle to move under its own power for at least 5 minutes after the beginning of the replacement or addition of a component referred to in this paragraph (1). (11) The immobilization system's conformity to paragraph (10) of this appendix shall be demonstrated by testing that is carried out without damaging the vehicle. (12) Paragraph (10)(i) of this appendix does not apply to the addition of a disarming device that requires the use of another disarming device that is validated by the immobilization system. (13) The immobilization system shall be designed so that it can neither be bypassed nor rendered ineffective in a manner that would allow a vehicle to move under its own power, or be disarmed, using one or more of the tools and equipment listed in paragraph (14) of this appendix; (i) Within a period of less than 5 minutes, when tested as installed in the vehicle; or (ii) Within a period of less than 2.5 minutes, when bench-tested outside the vehicle. (14) During a test referred to in paragraph (13) of this appendix, only the following tools or equipment may be used: Scissors, wire strippers, wire cutters and electrical wires, a hammer, a slide hammer, a chisel, a punch, a wrench, a screwdriver, pliers, steel rods and spikes, a hacksaw, a battery operated drill, a battery operated angle grinder; and a battery operated jigsaw. Note: C.R.C, c. 1038.114, Theft Protection and Rollaway Prevention (in effect March 30, 2011). See: SOR/2011-69 March, 2011 ``Regulations Amending the Motor Vehicle Safety Regulations (Theft Prevention and Rollaway Prevention--Standard 114)'' 2011-03-30 Canada Gazette Part II, Vol 145, No. 7. [81 FR 66841, Sept. 29, 2016] PART 545_FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD PHASE-IN AND SMALL-VOLUME LINE REPORTING REQUIREMENTS--Table of Contents Sec. 545.1 Scope. 545.2 Purpose. 545.3 Applicability. 545.4 Response to inquiries. 545.5 Definitions. 545.6 Reporting requirements for vehicles listed in Sec. 541.3(a)(1). 545.7 Reporting requirements for vehicles listed in Sec. 541.3(b)(2). 545.8 Records. 545.9 Petition to extend period to file report. Authority: 49 U.S.C. 322, 33101, 33102, 33103, 33104, 33105; delegation of authority at 49 CFR 1.50. Source: 70 FR 28851, May 19, 2005, unless otherwise noted. Sec. 545.1 Scope. This part establishes requirements for manufacturers of motor vehicles to respond to NHTSA inquiries, to submit reports, and to maintain records related to the reports, concerning the number of vehicles that meet the requirements of 49 CFR part 541, and the number of vehicles that are excluded from the requirements of 49 CFR part 541 pursuant to 49 CFR 541.3(b)(2). [72 FR 46176, Aug. 17, 2007] [[Page 212]] Sec. 545.2 Purpose. The purpose of these requirements is to assist the National Highway Traffic Safety Administration in determining whether a manufacturer has complied with the requirements of 49 CFR 541.5. Sec. 545.3 Applicability. This subpart applies to manufacturers of motor vehicles. Sec. 545.4 Response to inquiries. (a) At any time prior to August 31, 2007, each manufacturer must, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model, and vehicle identification number) that have been certified as complying with the requirements of 49 CFR part 541. The manufacturers designation of a vehicle as a certified vehicle is irrevocable. (b) At any time prior to August 31, 2007, each manufacturer must, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model, and vehicle identification number) that are excluded from the requirements of 49 CFR part 541 pursuant to 49 CFR 541.3(b)(2). [70 FR 28851, May 19, 2005, as amended at 72 FR 46176, Aug. 17, 2007] Sec. 545.5 Definitions. Production year means the 12-month period between September 1 of 2006 and August 31, 2007, inclusive. Small-volume line means a line with an annual production of not more than 3,500 vehicles. Sec. 545.6 Reporting requirements for vehicles listed in Sec. 541.3(a)(1). (a) General reporting requirements. Within 60 days after the end of the production year ending August 31, 2007, each manufacturer shall submit a report to the National Highway Traffic Safety Administration concerning its compliance with 49 CFR part 541 for vehicles listed in Sec. 541.3(a)(1) that were manufactured between September 1, 2006 and August 31, 2007. Each report must-- (1) Identify the manufacturer; (2) State the full name, title, and address of the official responsible for preparing the report; (3) Identify the production year being reported on; (4) Contain a statement regarding whether or not the manufacturer complied with the requirements of 49 CFR part 541 for the period covered by the report, and the basis for that statement; (5) Provide the information specified in paragraph (b) of this section; (6) Be written in the English language; and (7) Be submitted to: Administrator, National Highway Traffic Safety Administration, Room, 400 7th Street, SW., Washington, DC 20590. (b) Report content--(1) Basis for Statement of Compliance. Each manufacturer shall provide the number of motor vehicles listed in Sec. 541.3(a)(1) that were manufactured between September 1, 2006 and August 31, 2007 (excluding those motor vehicles that were subject to the requirements of 49 CFR part 541 before September 1, 2006). (2) Production. Each manufacturer shall provide (1) the number of motor vehicles manufactured between September 1, 2006 and August 31, 2007 (excluding those motor vehicles that were subject to the requirements of 49 CFR part 541 before September 1, 2006), that meet the requirements of 49 CFR 541.5; and (2) the number of motor vehicles manufactured between September 1, 2006 and August 31, 2007 (excluding those motor vehicles that were subject to the requirements of 49 CFR part 541 before September 1, 2006), that are exempt from 49 CFR part 541 pursuant to 49 CFR part 543. (3) Statement regarding compliance. Each manufacturer must provide a statement regarding whether or not the manufacturer complied with 49 CFR 541.5 requirements as applicable to the period covered by the report, and the basis for that statement. [70 FR 28851, May 19, 2005, as amended at 72 FR 46176, Aug. 17, 2007] Sec. 545.7 Reporting requirements for vehicles listed in Sec. 541.3(b)(2). (a) General reporting requirements. Within 60 days after the end of the production year ending August 31, 2007, [[Page 213]] each manufacturer must submit a report to the National Highway Traffic Safety Administration concerning small-volume lines that were manufactured between September 1, 2006 and August 31, 2007. Each report must-- (1) Identify the manufacturer; (2) State the full name, title, and address of the official responsible for preparing the report; (3) Identify the production year being reported on; (4) Provide the information specified in paragraph (b) of this section; (5) Be written in the English language; and (6) Be submitted to: Administrator, National Highway Traffic Safety Administration, Room, 400 7th Street, SW., Washington, DC 20590. (b) Report content. Within 60 days after the end of the production year ending August 31, 2007, each manufacturer shall provide: (1) The name of each small-volume line the manufacturer produces; (2) the number of motor vehicles in each small-volume line the manufacturer produced. [70 FR 28851, May 19, 2005, as amended at 72 FR 46176, Aug. 17, 2007] Sec. 545.8 Records. Each manufacturer shall maintain records of the Vehicle Identification Number for each vehicle for which information is reported under Sec. Sec. 545.6(b)(2) and 545.7(b)(2) until December 31, 2008. Sec. 545.9 Petition to extend period to file report. A manufacturer may petition for extension of time to submit a report under this part. A petition will be granted only if the petitioner shows good cause for the extension and if the extension is consistent with the public interest. The petition must be received not later than 15 days before expiration of the time stated in Sec. 545.5(a). The filing of a petition does not automatically extend the time for filing a report. The petition must be submitted to: Administrator, National Highway Traffic Safety Administration, 400 7th Street, SW., Washington, DC 20590. PART 551_PROCEDURAL RULES--Table of Contents Subpart A_General Sec. 551.1 Scope. Subpart B [Reserved] Subpart C_Submittals in Writing 551.31 Form of communications. 551.33 Address of communications. 551.35 Subscription of communications. 551.37 Language of communications. Subpart D_Service of Process on Foreign Manufacturers and Importers Designation of an Agent for Service of Process 551.45 What is the purpose of this subpart? 551.46 Who must comply with this subpart and when? 551.47 Who may serve as an agent for a foreign manufacturer? 551.48 May an official of a foreign manufacturer serve as its agent? 551.49 May a foreign manufacturer replace its agent? 551.50 May more than one foreign manufacturer designate the same person as agent? 551.51 May an agent assign performance of its functions to another individual or entity? 551.52 How long will a foreign manufacturer's designation of agent remain in effect? Form and Contents of Designation 551.53 What is the required format for a designation? 551.54 What are the required contents for a designation? 551.55 What information must a Designation by Foreign Manufacturer contain? 551.56 What information must an Acceptance by Agent contain? 551.57 Who may sign the Designation by Foreign Manufacturer? 551.58 Who may sign the Acceptance by Agent? 551.59 May the same individual sign both the Designation by Foreign Manufacturer and Acceptance by Agent? 551.60 When must the Designation by Foreign Manufacturer be signed? 551.61 When must the Acceptance by Agent be signed? 551.62 Where should a foreign manufacturer mail the designation? 551.63 May a foreign manufacturer submit a designation by email or facsimile? [[Page 214]] 551.64 What if designation documents submitted by a foreign manufacturer do not comply with this subpart? 551.65 What if a foreign manufacturer changes its name, address or product names or marks? Method of Service of Process 551.66 What is the legal effect of service of process on an agent? 551.67 Where and how may an agent be served? 551.68 What if an agent cannot be served? Authority: Secs. 110(e), 119, 80 Stat. 719, 728 (15 U.S.C. 1399, 1407); 23 U.S.C. 315, 401-404; delegation of authority, 31 FR 13952, 32 FR 5606. Source: 33 FR 19700, Dec. 25, 1968, unless otherwise noted. Redesignated at 35 FR 5118, Mar. 26, 1970. Subpart A_General Sec. 551.1 Scope. This part contains rules of procedure generally applicable to the transaction of official business under the National Traffic and Motor Vehicle Safety Act of 1966, the Motor Vehicle Information and Cost Savings Act, and the Highway Safety Act of 1966. These rules apply in addition to the rules governing specific proceedings. In case of inconsistency with these general rules, the specific rules prevail. [33 FR 19700, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970, and amended at 38 FR 20086, July 27, 1973] Subpart B [Reserved] Subpart C_Submittals in Writing Sec. 551.31 Form of communications. Any communication in writing relating to official business (including formal documents) shall be on opaque and durable paper not larger than 9 by 14 inches in size. Tables, charts, or originals of other documents that are attached to communications shall be folded to this size, if possible. The left margin of communications shall be at least 1\1/2\ inches wide, and if a communication is bound, it shall be bound on the left side. All copies submitted shall be legible. Sec. 551.33 Address of communications. Unless otherwise specified, communications shall be addressed to the Administrator, National Highway Traffic Safety Administration, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590. Communications may not be addressed to a staff member's private address. [36 FR 1147, Jan. 23, 1971; 38 FR 20086, July 27, 1973] Sec. 551.35 Subscription of communications. Each communication shall be signed in ink and shall disclose the full legal name and the address of the person signing it and, if he is an agent, of his principal. Sec. 551.37 Language of communications. Communications and attachments thereto shall be in English. Any matter written in a foreign language will be considered only if accompanied by a translation into English. A translation shall bear a certificate by the translator certifying that he is qualified to make the translation; that the translation is complete except as otherwise clearly indicated; and that it is accurate to the best of the translator's knowledge and belief. The translator shall sign the certificate in ink and state his full legal name, occupation, and address. Subpart D_Service of Process on Foreign Manufacturers and Importers Source: 70 FR 45567, Aug. 8, 2005, unless otherwise noted. Authority: 49 U.S.C. 30164. Designation of an Agent for Service of Process Sec. 551.45 What is the purpose of this subpart? The purpose of this subpart is to establish a procedure for foreign manufacturers, assemblers and importers of motor vehicles and motor vehicle equipment to designate an agent in the United States on whom service of administrative or judicial notices or processes may be made. [[Page 215]] Sec. 551.46 Who must comply with this subpart and when? (a) All foreign manufacturers, assemblers, and importers of motor vehicles or motor vehicle equipment (hereinafter referred to as ``foreign manufacturers'') must comply with this subpart before offering a motor vehicle or item of motor vehicle equipment for importation into the United States. (b) Unless and until a foreign manufacturer appoints an agent in accordance with the requirements of this subpart, it may not import motor vehicles or motor vehicle equipment into the United States. Sec. 551.47 Who may serve as an agent for a foreign manufacturer? Only an individual, a domestic firm or a domestic corporation that is a permanent resident of the United States may serve as an agent under this subpart. Sec. 551.48 May an official of a foreign manufacturer serve as its agent? (a) Generally no; an agent must be a permanent resident of the United States. Typically officials of foreign manufacturers and importers are not United States residents. (b) Occasionally an official of a foreign manufacturer also serves as an official of a domestic firm or corporation or is a permanent resident of the United States. In such cases, the official may serve as agent and sign the designation documents both on behalf of the foreign manufacturer and as agent. However, the foreign manufacturer must submit to NHTSA, along with the designation documents, a letter explaining that the individual signing the designation is both an official of the foreign manufacturer with authority to appoint an agent and a permanent resident of the United States or official of a domestic firm or corporation. If NHTSA does not receive an explanatory letter at the same time it receives the designation, the agency will deem the designation insufficient under this subpart and reject the submission. Sec. 551.49 May a foreign manufacturer replace its agent? (a) Yes, a foreign manufacturer may replace its agent in the same way it originally designated the agent. It must submit designation documents that meet the form and content requirements identified in the following section of this subpart. Until NHTSA receives designation documents meeting those requirements or a letter withdrawing an existing designation, the individual or domestic corporation originally designated will continue to serve as its agent for service of process. (b) A foreign manufacturer that has withdrawn but not replaced its agent may not continue to import motor vehicles or motor vehicle equipment into the United States. In order to do so, it must appoint a new agent in accordance with the requirements of this subpart. Sec. 551.50 May more than one foreign manufacturer designate the same person as agent? Yes, any number of foreign manufacturers separately may designate the same person as agent. Sec. 551.51 May an agent assign performance of its functions to another individual or entity? No, an agent may not assign performance of its functions. Sec. 551.52 How long will a foreign manufacturer's designation of agent remain in effect? (a) A designation of agent remains in effect until replaced or withdrawn by a foreign manufacturer. (b) A foreign manufacturer that has withdrawn but not replaced its agent may not continue to import motor vehicles or motor vehicle equipment into the United States. In order to do so, it must appoint a new agent in accordance with the requirements of this subpart. Form and Contents of Designation Sec. 551.53 What is the required format for a designation? (a) All documents submitted under this subpart must be: (1) Original documents; [[Page 216]] (2) Written in English; and (3) Signed in ink. (b) For each signature, the document must indicate in English: (1) The date of signature; and (2) The name and title of the individual who signed the document. (c) As long as documents submitted by a foreign manufacturer and its agent contain all required information (identified in Sec. Sec. 551.54, 551.55 and 551.56 below), there is no mandatory format for the designation (d) NHTSA encourages foreign manufacturers to use the suggested designation form set forth in the appendix to this subpart. If completed and executed properly by both a foreign manufacturer and its agent, this form will comply fully with the requirements of Sec. Sec. 551.53 through 551.65. Sec. 551.54 What are the required contents for a designation? The suggested designation form set forth in the Appendix, if completed and signed properly by a foreign manufacturer and its agent, contains all of the information necessary to create a valid designation under this subpart. Specifically, a valid designation must contain: (a) A Designation by Foreign Manufacturer; and (b) An Acceptance by Agent. Sec. 551.55 What information must a Designation by Foreign Manufacturer contain? A Designation by Foreign Manufacturer must contain: (a) A statement that the designation is in valid form and binding on the foreign manufacturer under the laws, corporate bylaws or other requirements governing the making of designations at the place and time where it is made; (b) The full legal name, principal place of business and mailing address of the foreign manufacturer; (c) All trade or brand names, marks, logos or other designations of origin under which the foreign manufacturer's products will be sold; and (d) The signature in ink, and the name and title of the official or employee signing the designation on behalf of the foreign manufacturer, who must have authority to appoint an agent. Sec. 551.56 What information must an Acceptance by Agent contain? An Acceptance by Agent must contain: (a) The full legal name, mailing address and telephone number of the agent; (b) A statement that the agent accepts the designation and understands that (s)he may not assign performance of the agent's functions under the designation to another person or entity, and that the designation shall remain in effect until it is withdrawn or replaced by the foreign manufacturer; (c) The signature in ink of the agent, or an official or employee of the domestic firm or corporation serving as the agent, who must authority to sign for the firm or corporation; and (d) The name and title of the individual signing the acceptance. Sec. 551.57 Who may sign the Designation by Foreign Manufacturer? Only an official or employee of the foreign manufacturer with authority to appoint an agent may sign the Designation by Foreign Manufacturer. Sec. 551.58 Who may sign the Acceptance by Agent? Only the agent, in the case of an individual, or an official or employee, in the case of a domestic firm or corporation serving as the agent with authority to sign for that firm of corporation, may sign the Acceptance of Agent. Sec. 551.59 May the same individual sign both the Designation by Foreign Manufacturer and Acceptance by Agent? (a) Generally no; the Designation by Manufacturer must be signed by an official or employee of the foreign manufacturer and the Acceptance by Agent must be signed by the foreign manufacturer's agent, in the case of an individual, or by an official or employee, in the case of a domestic firm or corporation serving as its agent. (b) Occasionally an official of a foreign manufacturer also serves as an official of a domestic firm or corporation or is a permanent resident of the [[Page 217]] United States. In such cases, the official may serve as agent and sign the designation documents both on behalf of the foreign manufacturer and as agent. However, the foreign manufacturer must submit to NHTSA, along with the designation documents, a letter explaining that the individual signing the designation is both an official of the foreign manufacturer with authority to appoint an agent and a permanent resident of the United States or official of a domestic firm or corporation. If NHTSA does not receive an explanatory letter at the same time it receives the designation, the agency will deem the designation insufficient under this subpart and reject the submission. Sec. 551.60 When must the Designation by Foreign Manufacturer be signed? (a) The foreign manufacturer must sign the Designation by Foreign Manufacturer on or before the date that the agent signs the Acceptance by Agent. It is not possible for an individual or entity to accept a designation as agent until on or after the date on which a foreign manufacturer makes the designation. (b) If the Designation by Foreign Manufacturer is dated after the Acceptance by Agent, NHTSA will deem the designation insufficient under this subpart and reject the submission. Sec. 551.61 When must the Acceptance by Agent be signed? (a) The agent, in the case of an individual, or an employee or official, in the case of a domestic firm or corporation serving as agent, must sign the Acceptance by Agent on or after the date that the manufacturer signs the Designation by Foreign Manufacturer. It is not possible for an individual or entity to accept a designation as agent until on or after the date on which the foreign manufacturer makes the designation. (b) If the Acceptance by Agent is dated before the Designation by Foreign Manufacturer, NHTSA will deem the designation insufficient under this subpart and reject the submission. Sec. 551.62 Where should a foreign manufacturer mail the designation? Foreign manufacturers must mail their designations to the Office of the Executive Secretariat, National Highway Traffic Safety Administration, Room 5221, 400 Seventh Street, SW, Washington, DC 20590. No other NHTSA office is authorized to accept designation documents. To avoid delays, the agency suggests using express mail services. Sec. 551.63 May a foreign manufacturer submit a designation by email or facsimile? No, the statute requires designation documents submitted by foreign manufacturers to contain original ink signatures. NHTSA will reject designation documents submitted via email or facsimile, as they do not satisfy this requirement. Sec. 551.64 What if designation documents submitted by a foreign manufacturer do not comply with this subpart? Designations of agent are binding on the foreign manufacturer even when their form and contents do not comply with this subpart, unless rejected by the agency. Sec. 551.65 What if a foreign manufacturer changes its name, address or product names or marks? (a) A foreign manufacturer must provide written notice to NHTSA of any changes in its name, address or marks, trade names, or other designations of origin appearing on its products. (b) Foreign manufacturers should mail notices to the Office of the Executive Secretariat, National Highway Traffic Safety Administration, Room 5221, 400 Seventh Street, SW., Washington, DC 20590. To avoid delays, the agency suggests using express mail services. Method of Service of Process Sec. 551.66 What is the legal effect of service of process on an agent? Service on an agent of administrative or judicial notices or process is deemed to be service on a manufacturer. [[Page 218]] Sec. 551.67 Where and how may an agent be served? An agent may be served at the agent's office or usual place of residence, by registered or certified mail addressed to the agent with return receipt requested, or by any other manner authorized by law. Sec. 551.68 What if an agent cannot be served? If an agent cannot be served because the agent cannot be located, has ceased to exist or does not receive correctly addressed mail, service may be made by posting the notice or process in the Office of the Secretary of Transportation. [[Page 219]] [GRAPHIC] [TIFF OMITTED] TR08AU05.043 [[Page 220]] PART 552_PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS-- Table of Contents Subpart A_General Sec. 552.1 Scope. 552.2 Purpose. 552.3 General. 552.4 Requirements for petition. 552.5 Improperly filed petitions. 552.6 Technical review. 552.7 Public meeting. 552.8 Notification of agency action on the petition. 552.9 Grant of petition. 552.10 Denial of petition. Subpart B_Petitions for Expedited Rulemaking To Establish Dynamic Automatic Suppression System Test Procedures for Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection 552.11 Application. 552.12 Definitions. 552.13 Form of petition. 552.14 Content of petition. 552.15 Processing of petition. Authority: 49 U.S.C. 30111, 30118, 30162; delegation of authority at 49 CFR 1.50. Source: 40 FR 42014, Sept. 10, 1975, unless otherwise noted. Subpart A_General Sec. 552.1 Scope. This part establishes procedures for the submission and disposition of petitions filed by interested persons pursuant to 49 U.S.C. Chapters 301, 305, 321, 323, 325, 327, 329 and 331 to initiate rulemaking or to make a decision that a motor vehicle or item of replacement equipment does not comply with an applicable Federal motor vehicle safety standard or contains a defect which relates to motor vehicle safety. [60 FR 17267, Apr. 5, 1995] Sec. 552.2 Purpose. The purpose of this part is to enable the National Highway Traffic Safety Administration to identify and respond on a timely basis to petitions for rulemaking or defect or noncompliance decisions, and to inform the public of the procedures following in response to such petitions. [60 FR 17267, Apr. 5, 1995] Sec. 552.3 General. Any interested person may file with the Administrator a petition requesting him: (a) To commence a proceeding respecting the issuance, amendment or revocation of a motor vehicle safety standard, or (b) To commence a proceeding to decide whether to issue an order concerning the notification and remedy of a failure of a motor vehicle or item of replacement equipment to comply with an applicable motor vehicle safety standard or a defect in such vehicle or equipment that relates to motor vehicle safety. [60 FR 17267, Apr. 5, 1995] Sec. 552.4 Requirements for petition. A petition filed under this part should be addressed and submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590. Each petition filed under this part must: (a) Be written in the English language; (b) Have, preceding its text, a heading that includes the word ``Petition''; (c) Set forth facts which it is claimed establish that an order is necessary; (d) Set forth a brief description of the substance of the order which it is claimed should be issued; and (e) Contain the name and address of the petitioner. Sec. 552.5 Improperly filed petitions. (a) A petition that is not addressed as specified in Sec. 552.4, but that meets the other requirements of that section, will be treated as a properly filed petition, received as of the time it is discovered and identified. (b) A document that fails to conform to one or more of the requirements of Sec. 552.4(a) through (e) will not be treated as a petition under this part. Such a document will be treated according to the existing correspondence or other appropriate procedures of the NHTSA, and any suggestions contained in it [[Page 221]] will be considered at the discretion of the Administrator or his delegate. Sec. 552.6 Technical review. The appropriate Associate Administrator conducts a technical review of the petition. The technical review may consist of an analysis of the material submitted, together with information already in the possession of the agency. It may also include the collection of additional information, or a public meeting in accordance with Sec. 552.7. [60 FR 17267, Apr. 5, 1995] Sec. 552.7 Public meeting. If the Associate Administrator decides that a public meeting on the subject of the petition would contribute to the determination whether to commence a proceeding, he issues a notice of public meeting for publication in the Federal Register to advise interested persons of the time, place, and subject matter of the public meeting and invite their participation. Interested persons may submit their views and evidence through oral or written presentations, or both. There is no cross examination of witnesses. A transcript of the meeting is kept and exhibits may be accepted as part of the transcript. Sections 556 and 557 of title 5, U.S.C., do not apply to meetings held under this part. The Chief Counsel designates a member of his staff to serve as legal officer at the meeting. Sec. 552.8 Notification of agency action on the petition. After considering the technical review conducted under Sec. 552.6, and taking into account appropriate factors, which may include, among others, allocation of agency resources, agency priorities and the likelihood of success in litigation which might arise from the order, the Administrator will grant or deny the petition. NHTSA will notify the petitioner of the decision to grant or deny the petition within 120 days after its receipt of the petition. [60 FR 17267, Apr. 5, 1995] Sec. 552.9 Grant of petition. (a) If a petition for rulemaking with respect to a motor vehicle safety standard is granted, a rulemaking proceeding is promptly commenced in accordance with applicable NHTSA and statutory procedures. The granting of such a petition and the commencement of a rulemaking proceeding does not signify, however, that the rule in question will be issued. A decision as to the issuance of the rule is made on the basis of all available information developed in the course of the rulemaking proceeding, in accordance with statutory criteria. (b) If a petition with respect to a noncompliance or a defect is granted, a proceeding to determine the existence of the noncompliance or defect is promptly commenced by the initiation of an investigation by the Office of Standards Enforcement or the Office of Defects Investigation, as appropriate. Sec. 552.10 Denial of petition. If a petition is denied, a Federal Register notice of the denial is issued within 45 days of the denial, setting forth the reasons for denial of the petition. Subpart B_Petitions for Expedited Rulemaking To Establish Dynamic Automatic Suppression System Test Procedures for Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection Source: 65 FR 30744, May 12, 2000, unless otherwise noted. Sec. 552.11 Application. This subpart establishes procedures for the submission and disposition of petitions filed by interested parties to initiate rulemaking to add a test procedure to 49 CFR 571.208, S28. Sec. 552.12 Definitions. For purposes of this subpart, the following definitions apply: (a) Dynamic automatic suppression system (DASS) means a portion of an air bag system that automatically controls whether or not the air bag deploys during a crash by: (1) Sensing the location of an occupant, moving or still, in relation to the air bag; [[Page 222]] (2) Interpreting the occupant characteristics and location information to determine whether or not the air bag should deploy; and (3) Activating or suppressing the air bag system based on the interpretation of characteristics and occupant location information. (b) Automatic suppression zone (ASZ) means a three-dimensional zone adjacent to the air bag cover, specified by the vehicle manufacturer, where air bag deployment will be suppressed by the DASS if a vehicle occupant enters the zone under specified conditions. (c) Standard No. 208 means 49 CFR 571.208. Sec. 552.13 Form of petition. Each petition filed under this subpart shall-- (a) Be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590. (b) Be written in the English language. (c) State the name and address of the petitioner. (d) Set forth in full the data, views and arguments of the petitioner supporting the requested test procedure, including all of the content information specified by Sec. 552.14. Any documents incorporated by reference in the procedure shall be submitted with the petition. (e) Specify and segregate any part of the information and data submitted that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of this chapter including, if requested, the name and address of the petitioner. (f) Not request confidential treatment for the requested test procedure and, to the extent confidential treatment is requested concerning a particular DASS or data and analysis submitted in support of the petition, provide a general non-confidential description of the operation of the DASS and of the data and analysis supporting the petition. (g) Set forth a requested effective date and be submitted at least nine months before that date. Sec. 552.14 Content of petition. The petitioner shall provide the following information: (a) A set of proposed test procedures for S28.1, S28.2, S28.3, and S28.4 of Standard No. 208 which the petitioner believes are appropriate for assessing a particular DASS. (1) For S28.1 of Standard No. 208, the petitioner shall specify at least one specific position for the Part 572, subpart O 5th percentile female dummy that is: (i) Outside but adjacent to the ASZ, and (ii) Representative of an unbelted occupant position that is likely to occur during a frontal crash. (2) For S28.2 of Standard No. 208, the petitioner shall specify at least one specific position for the Part 572 Subpart P 3-year-old child dummy and at least one specific position for the Part 572 Subpart N 6- year-old child dummy that are: (i) Outside but adjacent to the ASZ, and (ii) Representative of unbelted occupant positions that are likely to occur during a frontal crash where pre-crash braking occurs. (3) For S28.3 of Standard No. 208, the petitioner shall specify a procedure which tests the operation of the DASS by moving a test device toward the driver air bag in a manner that simulates the motion of an unbelted occupant during pre-crash braking or other pre-crash maneuver. The petitioner shall include a complete description, including drawings and instrumentation, of the test device employed in the proposed test. The petitioner shall include in the procedure a means for determining whether the driver air bag was suppressed before any portion of the specified test device entered the ASZ during the test. The procedure shall also include a means of determining when the specified test device occupies the ASZ. (4) For S28.4 of Standard No. 208, the petitioner shall specify a procedure which tests the operation of the DASS by moving a test device toward the passenger air bag in a manner that simulates the motion of an unbelted occupant during pre-crash braking or [[Page 223]] other pre-crash maneuver. The petitioner shall include a complete description, including drawings and instrumentation, of the test device employed in the proposed test. The petitioner shall include in the procedure a means for determining whether the passenger air bag was suppressed before any portion of the specified test device entered the ASZ during the test. The procedure shall also include a means of determining when the specified test device occupies the ASZ. (b) A complete description and explanation of the particular DASS that the petitioner believes will be appropriately assessed by the recommended test procedures. This shall include: (1) A description of the logic used by the DASS in determining whether to suppress the air bag or allow it to deploy. Such description shall include flow charts or similar materials outlining the operation of the system logic, the system reaction time, the time duration used to evaluate whether the air bag should be suppressed or deployed, changes, if any, in system performance based on the size of an occupant and vehicle speed, and a description of the size and shape of the zone where under similar circumstances and conditions the DASS may either allow or suppress deployment. Such description shall also address whether and how the DASS discriminates between an occupant's torso or head entering the ASZ as compared to an occupant's hand or arm, and whether and how the DASS discriminates between an occupant entering the ASZ and an inanimate object such as a newspaper or ball entering the ASZ. (2) Detailed specifications for the size and shape of the ASZ, including whether the suppression zone is designed to change size or shape depending on the vehicle speed, occupant size, or other factors. (c) Analysis and data supporting the appropriateness, repeatability, reproducibility and practicability of each of the proposed test procedures. (1) For the procedures proposed for inclusion in S28.1 and S28.2 of Standard No. 208, the petitioner shall provide the basis for the proposed dummy positions, including but not limited to, why the positions are representative of what is likely to occur in real world crashes. (2) For the procedures proposed for inclusion in S28.3 and S28.4 of Standard No. 208, the petitioner shall provide: (i) A complete explanation of the means used in the proposed test to ascertain whether the air bag is suppressed or activated during the test. (ii) A complete description of the means used to evaluate the ability of the DASS to detect and respond to an occupant moving toward an air bag, including the method used to move a test device toward an air bag at speeds representative of occupant movement during pre-crash braking or other pre-crash maneuver. (iii) The procedure used for locating the test device inside a test vehicle in preparation for testing, including an accounting of the reference points used to specify such location. (iv) An explanation of the methods used to measure the amount of time needed by a suppression system to suppress an air bag once a suppression triggering event occurs. (v) High speed film or video of at least two tests of the DASS using the proposed test procedure. (vi) Data generated from not less than two tests of the DASS using the proposed test procedure, including an account of the data streams monitored during testing and complete samples of these data streams from not less than two tests performed under the proposed procedure. (d) Analysis concerning the variety of potential DASS designs for which the requested test procedure is appropriate; e.g., whether the test procedures are appropriate only for the specific DASS design contemplated by the petitioner, for all DASS designs incorporating the same technologies, or for all DASS designs. Sec. 552.15 Processing of petition. (a) NHTSA will process any petition that contains the information specified by this subpart. If a petition fails to provide any of the information, NHTSA will not process the petition but will advise the petitioner of the information that shall be provided if the agency is to process the petition. The agency will seek to notify the petitioner of [[Page 224]] any such deficiency within 30 days after receipt of the petition. (b) At any time during the agency's consideration of a petition submitted under this part, the Administrator may request the petitioner to provide additional supporting information and data and/or provide a demonstration of any of the requested test procedures. The agency will seek to make any such request within 60 days after receipt of the petition. Such demonstration may be at either an agency designated facility or one chosen by the petitioner, provided that, in either case, the facility shall be located in North America. If such a request is not honored to the satisfaction of the agency, the petition will not receive further consideration until the requested information is submitted. (c) The agency will publish in the Federal Register either a Notice of Proposed Rulemaking proposing adoption of the requested test procedures, possibly with changes and/or additions, or a notice denying the petition. The agency will seek to issue either notice within 120 days after receipt of a complete petition. However, this time period may be extended by any time period during which the agency is awaiting additional information it requests from the petitioner or is awaiting a requested demonstration. The agency contemplates a 30 to 60 day comment period for any Notice of Proposed Rulemaking, and will endeavor to issue a final rule within 60 days thereafter. PART 553_RULEMAKING PROCEDURES--Table of Contents Subpart A_General Sec. 553.1 Applicability. 553.3 Definitions. 553.5 Regulatory docket. 553.7 Records. Subpart B_Procedures for Adoption of Rules 553.11 Initiation of rulemaking. 553.13 Notice of proposed rulemaking. 553.14 Direct final rulemaking. 553.15 Contents of notices of proposed rulemaking and direct final rules. 553.17 Participation of interested persons. 553.19 Petitions for extension of time to comment. 553.21 Contents of written comments. 553.23 Consideration of comments received. 553.25 Additional rulemaking proceedings. 553.27 Hearings. 553.29 Adoption of final rules. 553.31-553.33 [Reserved] 553.35 Petitions for reconsideration. 553.37 Proceedings on petitions for reconsideration. 553.39 Effect of petition for reconsideration on time for seeking judicial review. Appendix A to Part 553--Statement of Policy: Action on Petitions for Reconsideration Appendix B to Part 553--Statement of Policy: Rulemakings Involving the Assessment of the Functional Equivalence of Safety Standards Appendix C to Part 553--Statement of Policy: Implementation of the United Nations/Economic Commission for Europe (UN/ECE) 1998 Agreement on Global Technical Regulations--Agency Policy Goals and Public Participation Authority: 49 U.S.C. 322, 30103, 30122, 30124, 30125, 30127, 30146, 30162, 32303, 32502, 32504, 32505, 32705, 32901, 32902, 33102, 33103, and 33107; delegation of authority at 49 CFR 1.95. Source: 60 FR 62222, Dec. 5, 1995, unless otherwise noted. Subpart A_General Sec. 553.1 Applicability. This part prescribes rulemaking procedures that apply to the issuance, amendment, and revocation of rules pursuant to Title 49, Subtitle VI of the United States Code (49 U.S.C. 30101, et seq.). Sec. 553.3 Definitions. Administrator means the Administrator of the National Highway Traffic Safety Administration or a person to whom he has delegated final authority in the matter concerned. Rule includes any order, regulation, or Federal motor vehicle safety standard issued under Title 49. Title 49 means 49 U.S.C. 30101, et seq. Sec. 553.5 Regulatory docket. (a) Information and data deemed relevant by the Administrator relating to rulemaking actions, including notices of proposed rulemaking; comments received in response to notices; petitions for rulemaking and reconsideration; [[Page 225]] denials of petitions for rulemaking and reconsideration; records of additional rulemaking proceedings under Sec. 553.25; and final rules are maintained in the Docket Room, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. (b) Any person may examine any docketed material at the Docket Room at any time during regular business hours after the docket is established, except material ordered withheld from the public under applicable provisions of Title 49 and section 552(b) of title 5 of the U.S.C., and may obtain a copy of it upon payment of a fee. Sec. 553.7 Records. Records of the National Highway Traffic Safety Administration relating to rulemaking proceedings are available for inspection as provided in section 552(b) of title 5 of the U.S.C. and part 7 of the regulations of the Secretary of Transportation (part 7 of this title). Subpart B_Procedures for Adoption of Rules Sec. 553.11 Initiation of rulemaking. The Administrator may initiate rulemaking either on his own motion or on petition by any interested person after a determination in accordance with Part 552 of this title that grant of the petition is advisable. The Administrator may, in his discretion, also consider the recommendations of other agencies of the United States. Sec. 553.13 Notice of proposed rulemaking. Unless the Administrator, for good cause, finds that notice is impracticable, unnecessary, or contrary to the public interest, and incorporates that finding and a brief statement of the reasons for it in the rule, a notice of proposed rulemaking is issued and interested persons are invited to participate in the rulemaking proceedings under applicable provisions of Title 49. Sec. 553.14 Direct final rulemaking. If the Administrator, for good cause, finds that notice is unnecessary, and incorporates that finding and a brief statement of the reasons for it in the rule, a direct final rule may be issued according to the following procedures. (a) Rules that the Administrator judges to be non-controversial and unlikely to result in adverse public comment may be published as direct final rules. These may include rules that: (1) Are non-substantive amendments, such as clarifications or corrections, to an existing rule; (2) Update existing forms or rules, such as incorporations by reference of the latest technical standards where the standards have not been changed in a complex or controversial way; (3) Affect NHTSA's internal procedures, such as filing requirements and rules governing inspection and copying of documents; (4) Are minor substantive rules or changes to existing rules on which the agency does not expect adverse comment. (b) The Federal Register document will state that any adverse comment must be received in writing by NHTSA within the specified time after the date of publication of the direct final rule and that, if no written adverse comment is received in that period, the rule will become effective a specified number of days (no less than 45) after the date of publication of the direct final rule. NHTSA will provide a minimum comment period of 30 days. (c) If no written adverse comment is received by NHTSA within the specified time after the date of publication in the Federal Register, NHTSA will publish a document in the Federal Register indicating that no adverse comment was received and confirming that the rule will become effective on the date that was indicated in the direct final rule. (d) If NHTSA receives any written adverse comment within the specified time after publication of the direct final rule in the Federal Register, the agency will either publish a document withdrawing the direct final rule before it becomes effective and may issue an NPRM, or proceed by any other means permitted under the Administrative Procedure Act. (e) An ``adverse'' comment, for the purpose of this subpart, means any comment that NHTSA determines is critical of any provision of the rule, [[Page 226]] suggests that the rule should not be adopted, or suggests a change that should be made in the rule. A comment suggesting that the policy or requirements of the rule should or should not also be extended to other Departmental programs outside the scope of the rule is not adverse. [80 FR 36492, June 25, 2015, as amended at 84 FR 71733, Dec. 27, 2019; 86 FR 17296, Apr. 2, 2021] Sec. 553.15 Contents of notices of proposed rulemaking and direct final rules. (a) Each notice of proposed rulemaking, and each direct final rule, is published in the Federal Register, unless all persons subject to it are named and are personally served with a copy of it. (b) Each notice, whether published in the Federal Register or personally served, includes (1) A statement of the time, place, and nature of the rulemaking proceeding; (2) A reference to the authority under which it is issued; (3) A description of the subjects and issues involved or the substance and terms of the rule. (4) A statement of the time within which written comments must be submitted; and (5) A statement of how and to what extent interested persons may participate in the proceedings. [60 FR 62222, Dec. 5, 1995, as amended at 80 FR 36492, June 25, 2015] Sec. 553.17 Participation of interested persons. (a) Any interested person may participate in rulemaking proceeding by submitting comments in writing containing information, views or arguments. (b) In his discretion, the Administrator may invite any interested person to participate in the rulemaking procedures described in Sec. 553.25. Sec. 553.19 Petitions for extension of time to comment. A petition for extension of the time to submit comments must be received not later than 15 days before expiration of the time stated in the notice. The petitions must be submitted to: Administrator, National Highway Traffic Safety Administration, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC, 20590. It is requested, but not required, that 10 copies be submitted. The filing of the petition does not automatically extend the time for petitioner's comments. Such a petition is granted only if the petitioner shows good cause for the extension, and if the extension is consistent with the public interest. If an extension is granted, it is granted to all persons, and it is published in the Federal Register. Sec. 553.21 Contents of written comments. All written comments shall be in English. Unless otherwise specified in a notice requesting comments, comments may not exceed 15 pages in length, but necessary attachments may be appended to the submission without regard to the 15-page limit. Any interested person shall submit as a part of his written comments all material that he considers relevant to any statement of fact made by him. Incorporation by reference should be avoided. However, if incorporation by reference is necessary, the incorporated material shall be identified with respect to document and page. It is requested, but not required, that 10 copies and attachments, if any, be submitted. Sec. 553.23 Consideration of comments received. All timely comments are considered before final action is taken on a rulemaking proposal or direct final rule. Late filed comments will be considered to the extent practicable. [80 FR 36492, June 25, 2015] Sec. 553.25 Additional rulemaking proceedings. The Administrator may initiate any further rulemaking proceedings that he finds necessary or desirable. For example, interested persons may be invited to make oral arguments, to participate in conferences between the Administrator or his representative and interested persons at which minutes of the conference are kept, to appear at informal hearings presided over by officials designated by the Administrator, at [[Page 227]] which a transcript or minutes are kept, or participate in any other proceeding to assure informed administrative action and to protect the public interest. Sec. 553.27 Hearings. (a) Sections 556 and 557 of title 5, United States Code, do not apply to hearings held under this part. Unless otherwise specified, hearings held under this part are informal, nonadversary, fact-finding proceedings, at which there are no formal pleadings or adverse parties. Any rule issued in a case in which an informal hearing is held is not necessarily based exclusively on the record of the hearing. (b) The Administrator designates a representative to conduct any hearing held under this part. The Chief Counsel designates a member of his staff to serve as legal officer at the hearing. Sec. 553.29 Adoption of final rules. Final rules are prepared by representatives of the office concerned and the Office of the Chief Counsel. The rule is then submitted to the Administrator for its consideration. If the Administrator adopts the rule, it is published in the Federal Register, unless all persons subject to it are named and are personally served with a copy of it. Sec. Sec. 553.31-553.33 [Reserved] Sec. 553.35 Petitions for reconsideration. (a) Any interested person may petition the Administrator for reconsideration of any rule issued under this part. The petition shall be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC, 20590. It is requested, but not required, that 10 copies be submitted. The petition must be received not later than 45 days after publication of the rule in the Federal Register. Petitions filed after that time will be considered as petitions filed under Part 552 of this chapter. The petition must contain a brief statement of the complaint and an explanation as to why compliance with the rule is not practicable, is unreasonable, or is not in the public interest. Unless otherwise specified in the final rule, the statement and explanation together may not exceed 15 pages in length, but necessary attachments may be appended to the submission without regard to the 15-page limit. (b) If the petitioner requests the consideration of additional facts, he must state the reason they were not presented to the Administrator within the prescribed time. (c) The Administrator does not consider repetitious petitions. (d) Unless the Administrator otherwise provides, the filing of a petition under this section does not stay the effectiveness of the rule. Sec. 553.37 Proceedings on petitions for reconsideration. The Administrator may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. In the event he determines to reconsider any rule, he may issue a final decision on reconsideration without further proceedings, or he may provide such opportunity to submit comment or information and data as he deems appropriate. Whenever the Administrator determines that a petition should be granted or denied, he prepares a notice of the grant or denial of a petition for reconsideration, for issuance to the petitioner, and issues it to the petitioner. The Administrator may consolidate petitions relating to the same rule. Sec. 553.39 Effect of petition for reconsideration on time for seeking judicial review. The filing of a timely petition for reconsideration of any rule issued under this part postpones the expiration of the statutory period in which to seek judicial review of that rule only as to the petitioner, and not as to other interested persons. For the petitioner, the period for seeking judicial review will commence at the time the agency takes final action upon the petition for reconsideration. [60 FR 63651, Dec. 12, 1995] [[Page 228]] Sec. Appendix A to Part 553--Statement of Policy: Action on Petitions for Reconsideration It is the policy of the National Highway Traffic Safety Administration to issue notice of the action taken on a petition for reconsideration within 90 days after the closing date for receipt of such petitions, unless it is found impracticable to take action within that time. In cases where it is so found and the delay beyond that period is expected to be substantial, notice of that fact, and the date by which it is expected that action will be taken, will be published in the Federal Register. Sec. Appendix B to Part 553--Statement of Policy: Rulemakings Involving the Assessment of the Functional Equivalence of Safety Standards (a) Based on a comparison of the performance of vehicles or equipment, the National Highway Traffic Safety Administration (NHTSA) may tentatively determine that a foreign motor vehicle safety standard is better than or at least functionally equivalent to a Federal Motor Vehicle Safety Standard (FMVSS), either on its own motion or in connection with a petition for rulemaking by any interested party under 49 CFR Part 552. Such determinations will be made in accordance with the process described in the flowchart in Figure 1 of this Appendix. (b) Under the process, if NHTSA decides that there is reason to believe that a foreign standard is better than or at least functionally equivalent to a FMVSS in accordance with the process, it will commence a rulemaking proceeding that may lead to the issuance of a proposal to add the foreign standard as an alternative compliance option to the FMVSS, to harmonize the FMVSS with the foreign standard or to upgrade the FMVSS to the level of the foreign standard, as appropriate. Such a proposal will request comment on the agency's tentative determination regarding relative benefits and functional equivalence as well as the proposed amendment. Final determinations regarding these matters will also be made in accordance with the analytical criteria in the flowchart. (c) As used in this appendix, the term ``standard'' refers to mandatory requirements and thus has the same meaning given the term ``technical regulation'' in Annex 1 to the World Trade Organization Technical Barriers to Trade Agreement. [[Page 229]] [GRAPHIC] [TIFF OMITTED] TR13MY98.017 [[Page 230]] Explanation of Flowchart A. Ultimate Goal The ultimate goal in comparing standards is to assess the real world safety performance of the covered vehicles or equipment. Particularly in the case of crashworthiness standards, the most reliable basis for making that assessment is fatality and injury data directly drawn from actual crashes. Accordingly, NHTSA will make appropriate efforts to ensure the availability of such data regarding crashes in the U.S. B. Guiding Principles Best Practices NHTSA pursues a ``best practices'' policy in comparing U.S. and foreign safety standards, i.e., NHTSA will propose to upgrade its standards if it tentatively concludes that a Country B standard offers greater benefits than the counterpart FMVSS, and if upgrading appears appropriate, considering the incremental costs and benefits and applicable statutory criteria. (For a discussion of another type of rulemaking proposal that may be considered in these circumstances, see the paragraph below on comparisons that indicate that a foreign standard's safety benefits are greater than those of the counterpart FMVSS.) Conservatism 1. NHTSA places priority on preserving the safety benefits of the FMVSSs. 2. NHTSA can best preserve those benefits by being conservative in reaching any conclusion that a Country B standard is better than or at least functionally equivalent to the counterpart FMVSS. One reason for conservatism is that differences from vehicle model to vehicle model and manufacturer to manufacturer in margins of compliance may confound efforts to assess the relative benefits of two standards. Further, there may be circumstantial differences, such as special environmental conditions, driver demographics, driver behavior, occupant behavior (e.g., level of safety belt use), road conditions, size distribution of vehicle fleet (e.g., proportion of big versus small vehicles and disparity between extremes), that could influence real world safety benefits. These differences may result in a particular standard having a safety record in a foreign country that would not necessarily be repeated in the United States. Best Available Evidence 1. NHTSA will base its comparison of standards on the best available evidence. If available, estimates of real world safety benefits based on fatality and injury data directly drawn from actual crashes are the best evidence. If such data are not available, then estimates based on other information, such as compliance test data, may be used, although increased caution needs to be exercised in making judgment based on those estimates. If sufficient crash data regarding real world safety benefits are available, and a comparison of those benefits shows that the Country B standard is less beneficial than the counterpart Federal Motor Vehicle Safety Standard (FMVSS), NHTSA would avoid wasting resources making comparisons on the basis of less probative types of evidence. 2. The types of benefits examined in comparing two standards might differ depending on whether the standards are crash avoidance standards or crashworthiness standards. Translating differences in performance (an input measure) into numbers of crashes or numbers of deaths and injuries (output measures) is more difficult in the case of crash avoidance standards. As a result, while the relative benefits of two crashworthiness standards would typically be assessed in terms of their impacts on deaths and injuries in crashes, the relative merits of two different crash avoidance standards might well be assessed in terms of their impact on vehicle or equipment performance. Sufficiency of Evidence 1. Many types of data are available for a comparison of two standards. Often there is an abundance of one type of data and little or no data from other sources. If insufficient data are available, and such data either cannot be generated through engineering analysis (e.g., real world safety benefits estimates), or conducting additional research and development is not cost effective, then NHTSA will stop consideration of such data and consider the other available data instead. 2. The essentially horizontal, left-to-right path through the flowchart is intended to illustrate the sources of data that will be considered and provide a rough idea of the priority they will receive. Each step branches independently to the tentative determination of relative benefits and functional equivalency by its ``yes'' path. This may seem to preclude later steps once any ``yes'' path is encountered. In practice, however, all data sources will be considered to the extent that they are available before a final determination regarding these matters is made. Reciprocity 1. NHTSA will take steps to encourage reciprocity by other countries in the making of functional equivalence determinations. 2. When NHTSA's comparison of standards indicates that one of the FMVSSs has benefits equal to or greater than the counterpart Country B standard, NHTSA may forward the results of that comparison to Country B [[Page 231]] and request that consideration be given by Country B to determining that the FMVSS is better than or at least functionally equivalent to the counterpart Country B standard, and to subsequently amending its standard accordingly. C. Agency Decisions in Which Flowchart Is Used This flowchart guides agency decisions in connection with a rulemaking proceeding that involves the issue of relative benefits and functional equivalence. 1. Decision whether to grant a rulemaking petition. If the agency receives a petition for rulemaking based on a claim that one of Country B's standards is better than or at least functionally equivalent to one of the Federal Motor Vehicle Safety Standards (FMVSSs), the agency will consider the merits of the petition in accordance with 49 CFR Part 552, Petitions for rulemaking, defect, and noncompliance orders, and with the functional equivalence process set forth in the flowchart. If it appears that there is reason to believe that Country B's standard provides safety benefits are greater than or at least equal to those of the FMVSS, the agency will likely grant the petition and commence a rulemaking proceeding. The agency emphasizes that its priority with respect to international harmonization is identifying and adopting those foreign safety standards that represent best practices. Accordingly, if resource limitations make it necessary to choose between competing petitions in granting or processing them, the agency would give priority to petitions asking the agency to upgrade one of its standards to the level of a superior foreign standard over petitions simply asking the agency to add a compliance alternative. 2. Decision whether to issue a notice of proposed rulemaking. If NHTSA grants the petition, it will proceed, as in any other rulemaking regarding the FMVSSs, to determine whether amending an FMVSS would be appropriate under the applicable statutory criteria in chapter 301 of title 49, U.S.C. Following the process set forth in the flowchart, the agency will use data submitted by the petitioner, supplemented by data from other sources, to compare performance and tentatively determine whether Country B's standard specified in the petition is better than or at least functionally equivalent to the FMVSS specified in the petition. This comparison could have a variety of possible outcomes: a. The comparison may indicate that the foreign standard's safety benefits are less than those of the counterpart FMVSS. If NHTSA determines that the foreign standard results in fewer safety benefits than the counterpart FMVSS, it will terminate the rulemaking proceeding. b. The comparison may indicate that the foreign standard's safety benefits are approximately equal to those of the counterpart FMVSS. If the agency tentatively determines that the safety benefits of a foreign standard are approximately equal to those of a FMVSS, it will take one of two steps in most instances. One possibility is that it will develop a notice of proposed rulemaking (NPRM) proposing to amend the FMVSS by adding the foreign standard as an alternative to the existing requirements of the FMVSS. The other possibility is that the agency will develop an NPRM proposing to harmonize the FMVSS with the foreign standard. This second approach would enable NHTSA to maintain a single set of requirements and test procedures in its standard, thereby minimizing any drain on its enforcement resources. An additional possibility that might be considered in some instances would be ``qualified functional equivalence.'' Under this third approach, the agency would regard Country B's standard to be functionally equivalent if it is supplemented by a specified requirement in the counterpart FMVSS. c. The comparison may indicate that the foreign standard's safety benefits are greater than those of the counterpart FMVSS. If NHTSA tentatively determines that the foreign standard results in greater safety benefits than the counterpart FMVSS, and if upgrading is appropriate, based on the incremental benefits and costs and applicable statutory criteria, the agency issues an NPRM proposing to upgrade the FMVSS to the level of Country B's std. If upgrading is not appropriate, NHTSA considers issuing an NPRM proposing to add the requirements of Country B's std to the FMVSS as an alternative compliance option. The proposal to add the compliance option would set forth the basis for the agency's conclusion that upgrading the FMVSS is inappropriate. If NHTSA issues an NPRM, it would request comment on the tentative determination and the proposed amendment. 3. Decision whether to issue a final rule. Any final decision to make a determination regarding relative benefits and functional equivalency and to amend the FMVSS will be made in accordance with the process in the flowchart and applicable law and only after careful consideration and analysis of the public comments. [63 FR 26514, May 13, 1998] [[Page 232]] Sec. Appendix C to Part 553--Statement of Policy: Implementation of the United Nations/Economic Commission for Europe (UN/ECE) 1998 Agreement on Global Technical Regulations--Agency Policy Goals and Public Participation I. Agency Policy Goals for the 1998 Global Agreement and International Motor Vehicle Safety Harmonization A. Paramount Policy Goal Under the 1998 Global Agreement Continuously improve safety and seek high levels of safety, particularly by developing and adopting new global technical regulations reflecting consideration of current and anticipated technology and safety problems. B. Other Policy Goals 1. Adopt and maintain U.S. standards that fully meet the need in the U.S. for vehicle safety. 2. Harmonize U.S. standards with those of other countries or regions, particularly by raising U.S. standards at least to the level of the best practices in those other safety standards. 3. Enhance regulatory effectiveness through regulatory cooperation with other countries and regions, thereby providing greater safety protection with available government resources. II. Public Participation and the Establishing of Global Technical Regulations for Motor Vehicle Safety, Theft, and Energy Efficiency A. Summary of the Process Under the 1998 Global Agreement for Establishing Global Technical Regulations 1. Proposal Stage A Contracting Party submits a proposal for either a harmonized or new global technical regulation to the Executive Committee of the 1998 Global Agreement (i.e., the Contracting Parties to the Agreement). If appropriate, the Committee then refers the proposal to a working party of experts to develop the technical elements of the regulation. 2. Recommendation Stage When a working party of experts recommends a harmonized or new global technical regulation, it sends a report and the recommended regulation to the Executive Committee. The Committee then determines whether the recommendations are adequate and considers the establishment of the recommended regulation. 3. Establishment Stage If the Executive Committee reaches consensus in favor of that recommended global technical regulation, the global technical regulation is established in the Global Registry. B. Notice of Annual Work Program of WP.29 Each year, NHTSA will publish a notice concerning the motor vehicle safety, theft, and energy efficiency aspects of the annual program of work for the UN/ECE's World Forum for Harmonization of Vehicle Regulations (WP.29). Each notice will include: 1. A calendar of scheduled meetings of WP.29 participants and working parties of experts, and meetings of the Executive Committee; and 2. A list of the global technical regulations that: a. Have been proposed and referred to a working party of experts, or b. Have been recommended by a working party of experts. Periodically, the notice will also include a request for public comments on the subjects for which global technical regulations should be established under the 1998 Global Agreement. The agency will publish a subsequent notice identifying the priorities on which NHTSA will focus in the future under the 1998 Global Agreement. C. Public Meetings NHTSA will hold periodic public meetings on its activities under the 1998 Global Agreement. If the extent of recent and anticipated significant developments concerning those activities so warrant, NHTSA will hold a public meeting within the 60-day period before each of the three sessions of WP.29 held annually. At each of these public meetings, NHTSA will: 1. Brief the public on the significant developments that occurred at the session of WP.29, the meetings of the working parties of experts and the meetings of the Executive Committee since the previous public meeting; 2. Based on the availability of provisional agendas, inform the public about the significant issues to be addressed at upcoming session of WP.29 and meetings of the working parties of experts and any votes scheduled at the next session of the Executive Committee on recommended global technical regulations; and 3. Invite public comment and questions concerning those past developments and upcoming issues and votes and the general positions that the U.S. could take regarding those votes, and concerning any other significant developments and upcoming matters relating to pending proposed or recommended global technical regulations. [[Page 233]] Appropriate agency officials will participate in the public meetings. These public meetings may be held separately from or in conjunction with the agency's quarterly meetings on its vehicle rulemaking and research and development programs. The agency may hold additional public meetings. D. Notices Concerning Individual Global Technical Regulations 1. Notice Requesting Written Comment on Proposed Global Technical Regulations a. Proposals by the U.S. (See Figure 1.) Before submitting a draft U.S. proposal for a global technical regulation to WP.29, NHTSA will publish a notice requesting public comments on the draft proposed global technical regulation. In the case of a draft proposal for a harmonized global technical regulation, the notice will compare that regulation with any existing, comparable U.S. standard, including the relative impacts of the regulation and standard. In the case of a draft proposal for a new global technical regulation, the notice will generally discuss the problem addressed by the proposal, the rationale for the proposed approach for addressing the problem, and the impacts of the proposal. NHTSA will consider the public comments and, as it deems appropriate, revise the proposal and any of its supporting documentation and then submit the proposal to WP.29. b. Proposals by a Contracting Party other than the U.S. (See Figure 2.) After a proposal by a Contracting Party other than the U.S. has been referred to a working party of experts and has been made available in English by WP.29, NHTSA will make the draft proposal available in the DOT docket (http://dms.dot.gov/). The agency will then publish a notice requesting public comment on the draft proposal and will consider the comments in developing a U.S. position on the proposal. 2. Notice Requesting Written Comment on Recommended Global Technical Regulations If a working party of experts recommends a global technical regulation and sends a report and the recommended regulation to the Executive Committee, NHTSA will make an English language version of the report and the regulation available in the DOT docket (http:// dms.dot.gov/) after they are made available by WP.29. The agency will publish a notice requesting public comment on the report and regulation. Before participating in a vote of the Executive Committee regarding the establishment of the regulation, the agency will consider the comments and develop a U.S. position on the recommended technical regulation. 3. Notice Requesting Written Comment on Established Global Technical Regulations If a global technical regulation is established in the Global Registry by a consensus vote of the Executive Committee, and if the U.S. voted for establishment, NHTSA will publish a notice requesting public comment on adopting the regulation as a U.S. standard. Any decision by NHTSA whether to issue a final rule adopting the regulation or to issue a notice terminating consideration of that regulation will be made in accordance with applicable U.S. law and only after careful consideration and analysis of public comments. E. Availability of Documents As we obtain English versions of key documents relating to motor vehicle safety, theft or energy conservation that are generated under the 1998 Agreement (e.g., proposals referred to a working party of experts, and reports and recommendations issued by a working party), we will place them in the internet-accessible DOT docket (http:// dms.dot.gov/). Within the limits of available resources, we will also place the documents on an international activities page that will be included in our Website (http://www.nhtsa.dot.gov/cars/rules/ international/index.html). [[Page 234]] [GRAPHIC] [TIFF OMITTED] TR23AU00.000 [[Page 235]] [GRAPHIC] [TIFF OMITTED] TR23AU00.001 [65 FR 51245, Aug. 23, 2000] [[Page 236]] PART 554_STANDARDS ENFORCEMENT AND DEFECTS INVESTIGATION--Table of Contents Sec. 554.1 Scope. 554.2 Purpose. 554.3 Application. 554.4 Office of Vehicle Safety Compliance. 554.5 Office of Defects Investigation. 554.6 Opening an investigation. 554.7 Investigation priorities. 554.8 Monthly reports. 554.9 Availability of files. 554.10 Initial determinations and public meetings. 554.11 Final decisions. Authority: 49 U.S.C. 30102-103, 30111-112, 30117-121, 30162, 30165- 67; delegation of authority at 49 CFR 1.50. Source: 45 FR 10797, Feb. 19, 1980, unless otherwise noted. Sec. 554.1 Scope. This part establishes procedures for enforcing Federal motor vehicle safety standards and associated regulations, investigating possible safety-related defects, and making non-compliance and defect determinations. Sec. 554.2 Purpose. The purpose of this part is to inform interested persons of the procedures followed by the National Highway Traffic Safety Administration in order more fairly and effectively to implement 49 U.S.C. Chapter 301. [60 FR 17267, Apr. 5, 1995] Sec. 554.3 Application. This part applies to actions, investigations, and defect and noncompliance decisions of the National Highway traffic Safety Administration under 49 U.S.C. 30116, 30117, 30118, 30120 and 30165. [60 FR 17267, Apr. 5, 1995] Sec. 554.4 Office of Vehicle Safety Compliance. The Office of Vehicle Safety Compliance, investigates compliance with Federal motor vehicle safety standards and associated regulations, and to this end may: (a) Verify that manufacturers certify compliance with all applicable safety standards; (b) Collect field reports from all sources; (c) Inspect manufacturers' certification test data and other supporting evidence, including dealer communications; (d) Inspect vehicles and equipment already in use or new vehicles and equipment at any stage of the manufacturing, distribution and sales chain; (e) Conduct selective compliance tests; and (f) Utilize other means necessary to conduct investigations. Sec. 554.5 Office of Defects Investigation. The Office of Defects Investigation conducts investigations to implement the provisions of the Act concerning the identification and correction of safety-related defects in motor vehicles and motor vehicle equipment. It elicits from every available source and evaluates on a continuing basis any information suggesting the existence of a safety- related defect. Sec. 554.6 Opening an investigation. (a) A compliance or defect investigation is opened either on the motion of the Administrator or his delegate or on the granting of a petition of an interested party under part 552 of this chapter. (b) A manufacturer is notified immediately by telephone of any compliance test failure in order to enable the manufacturer to begin his own investigation. Notification is sent by mail at the beginning of any defect or noncompliance investigation. Sec. 554.7 Investigation priorities. (a) Compliance investigation priorities are reviewed annually and are set according to the following criteria: (1) Prior compliance test data; (2) Accident data; (3) Engineering analysis of vehicle and equipment designs; (4) Consumer complaints; and (5) Market share. (b) Defects inputs are reviewed periodically by an appropriate panel of engineers in consultation with the Office of Chief Counsel to determine whether a formal investigation should be opened by the Office of Defects Investigation. [[Page 237]] Sec. 554.8 Monthly reports. (a) Compliance. A monthly compliance report is issued which lists investigations opened, closed, and pending during that month, identifies compliance test reports accepted, and indicates how individual reports may be obtained. (b) Defects. A monthly defects report is issued which lists investigations opened, closed, pending, and suspended during that month. An investigation may be designated ``suspended'' where the information available is insufficient to warrant further investigation. Suspended cases are automatically closed 60 days after appearing in a monthly report unless new information is received which justifies a different disposition. Sec. 554.9 Availability of files. All files of closed or suspended investigations are available for public inspection in the NHTSA Technical Reference Library. Communications between the agency and a manufacturer with respect to ongoing investigations are also available. Such files and communications may contain material which is considered confidential but has been determined to be necessary to the subject proceeding. Material which is considered confidential but has not been determined to be necessary to the subject proceeding will not be disclosed. Reproduction of entire public files or of individual documents can be arranged. Sec. 554.10 Initial determinations and public meetings. (a) An initial decision of failure to comply with safety standards or of a safety-related defect is made by the Administrator or his delegate based on the completed investigative file compiled by the appropriate office. (b) The decision is communicated to the manufacturer in a letter which makes available all information on which the decision is based. The letter advises the manufacturer of his right to present information, views, and arguments to establish that there is no defect or failure to comply or that the alleged defect does not affect motor vehicle safety. The letter also specifies the time and place of a public meeting for the presentation of arguments or sets a date by which written comments must be submitted. Submission of all information, whether at a public meeting or in written form, is normally scheduled about 30 days after the initial decision. The deadline for submission of information can be extended for good cause shown. (c) Public notice of an initial decision is made in a Federal Register notice that-- (1) Identifies the motor vehicle or item of equipment and its manufacturer; (2) Summarizes the information on which the decision is based. (3) Gives the location of all information available for public examination; and (4) States the time and place of a public meeting or the deadline for written submission in which the manufacturer and interested persons may present information, views, and arguments respecting the decision. (d) A transcript of the public meeting is kept and exhibits may be offered. There is no cross-examination of witnesses. [45 FR 10797, Feb. 19, 1980, as amended at 60 FR 17267, Apr. 5, 1995] Sec. 554.11 Final decisions. (a) The Administrator bases his final decision on the completed investigative file and on information, views, and arguments submitted at the public meeting. (b) If the Administrator decides that a failure to comply or a safety-related defect exists, he orders the manufacturer to furnish the notification specified in 49 U.S.C. 30118 and 30119 and to remedy the defect or failure to comply. (c) If the Administrator closes an investigation following an initial determination, without making a final determination that a failure to comply or a safety-related defect exists, he or she will so notify the manufacturer and publish a notice of that closing in the Federal Register. (d) A statement of the Administrator's final decision and the reasons for it appears in each completed public file. [60 FR 17268, Apr. 5, 1995] [[Page 238]] PART 555_TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS-- Table of Contents Subpart A_General Sec. 555.1 Scope. 555.2 Purpose. 555.3 Application. 555.4 Definitions. 555.5 Application for exemption. 555.6 Basis for application. 555.7 Processing of applications. 555.8 Termination of temporary exemptions. 555.9 Temporary exemption labels. 555.10 Availability for public inspection. Subpart B_Vehicles Built In Two or More Stages and Altered Vehicles 555.11 Application. 555.12 Petition for exemption. 555.13 Basis for petition. 555.14 Processing of petitions. 555.15 Time period for exemptions. 555.16 Renewal of exemptions. 555.17 Termination of temporary exemptions. 555.18 Temporary exemption labels. Authority: 49 U.S.C. 30113, 32502, Pub. L. 105-277; delegation of authority at 49 CFR 1.50. Source: 38 FR 2694, Jan. 29, 1973, unless otherwise noted. Subpart A_General Sec. 555.1 Scope. This part establishes requirements for the temporary exemption by the National Highway Traffic Safety Administration (NHTSA) of certain motor vehicles from compliance with one or more Federal motor vehicle safety standards in accordance with 49 U.S.C. 30113, and of certain passenger motor vehicles from compliance with all or part of a Federal bumper standard in accordance with 49 U.S.C. 32502. [64 FR 2861, Jan. 19, 1999] Sec. 555.2 Purpose. (a) The purpose of this part is to provide a means by which manufacturers of motor vehicles may obtain temporary exemptions from Federal motor vehicle safety standards on the basis of substantial economic hardship, facilitation of the development of new motor vehicle safety or low-emission engine features, or existence of an equivalent overall level of motor vehicle safety. (b) The purpose of this part is also to provide a means by which manufacturers of passenger motor vehicles may obtain a temporary exemption from compliance with all or part of a Federal bumper standard issued under part 581 of this chapter on a basis similar to that provided for exemptions from the Federal motor vehicle safety standards. [38 FR 2694, Jan. 29, 1973, as amended at 64 FR 2861, Jan. 19, 1999] Sec. 555.3 Application. This part applies to manufacturers of motor vehicles and passenger motor vehicles. [64 FR 2861, Jan. 19, 1999] Sec. 555.4 Definitions. Administrator means the National Highway Traffic Safety Administrator or his delegate. Passenger motor vehicle means a motor vehicle with motive power designed to carry not more than 12 individuals, but does not include a truck not designed primarily to carry its operator or passengers, or a motorcycle. United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa. [38 FR 2694, Jan. 29, 1973, as amended at 64 FR 2861, Jan. 19, 1999] Sec. 555.5 Application for exemption. (a) A manufacturer of motor vehicles or passenger motor vehicles may apply to NHTSA for a temporary exemption from any Federal motor vehicle safety or bumper standard or for a renewal of any exemption on the bases of substantial economic hardship, making easier the development or field evaluation of new motor vehicle safety or impact protection, or low- emission vehicle features, or that compliance with a standard would prevent it from selling a vehicle with an overall level of safety or impact protection at least equal to that of nonexempted vehicles. [[Page 239]] (b) Each application filed under this part for an exemption or its renewal must-- (1) Be written in the English language; (2) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, Washington, DC 20590; (3) State the full name and address of the applicant, the nature of its organization (individual, partnership, corporation, etc.) and the name of the State or country under the laws of which it is organized; (4) State the number and title, and the text or substance of the standard or portion thereof from which the temporary exemption is sought, and the length of time desired for such exemption; (5) Set forth the basis for the application and the information required by Sec. 555.6(a), (b), (c), or (d) as appropriate. (6) Specify any part of the information and data submitted which petitioner requests be withheld from public disclosure in accordance with part 512 of this chapter. (i) The information and data which petitioner requests be withheld from public disclosure must be submitted in accordance with Sec. 512.4 of this chapter. (ii) The petitioner's request for withholding from public disclosure must be accompanied by a certification in support as set forth in appendix A to part 512 of this chapter. (7) Set forth the reasons why the granting of the exemption would be in the public interest, and, as applicable, consistent with the objectives of 49 U.S.C. Chapter 301 or Chapter 325. (c) The knowing and willful submission of false, fictitious or fraudulent information will subject the petitioner to the civil and criminal penalties of 18 U.S.C. 1001. [38 FR 2694, Jan. 29, 1973, as amended at 39 FR 5489, Feb. 13, 1974; 46 FR 2063, Jan. 8, 1981; 63 FR 44173, Aug. 18, 1998; 64 FR 2861, Jan. 19, 1999; 70 FR 7429, Feb. 14, 2005] Sec. 555.6 Basis for application. (a) If the basis of the application is that compliance with the standard would cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith, the applicant shall provide the following information: (1) Engineering and financial information demonstrating in detail how compliance or failure to obtain an exemption would cause substantial economic hardship, including-- (i) A list or description of each item of motor vehicle equipment that would have to be modified in order to achieve compliance; (ii) The itemized estimated cost to modify each such item of motor vehicle equipment if compliance were to be achieved-- (A) As soon as possible, (B) At the end of a 1-year exemption period (if the petition is for 1 year or more), (C) At the end of a 2-year exemption period (if the petition is for 2 years or more), (D) At the end of a 3-year exemption period (if the petition is for 3 years), (iii) The estimated price increase per vehicle to balance the total costs incurred pursuant to paragraph (a)(1)(ii) of this section and a statement of the anticipated effect of each such price increase; (iv) Corporate balance sheets and income statements for the three fiscal years immediately preceding the filing of the application; (v) Projected balance sheet and income statement for the fiscal year following a denial of the application; and (vi) A discussion of any other hardships (e.g., loss of market, difficulty of obtaining goods and services for compliance) that the petitioner desires the agency to consider. (2) A description of its efforts to comply with the standards, including-- (i) A chronological analysis of such efforts showing its relationship to the rule making history of the standard from which exemption is sought; (ii) A discussion of alternate means of compliance considered and the reasons for rejection of each; (iii) A discussion of any other factors (e.g., the resources available to the petitioner, inability to procure goods and services necessary for compliance following a timely request) that the petitioner desires the NHTSA to consider in deciding whether the petitioner [[Page 240]] tried in good faith to comply with the standard; (iv) A description of the steps to be taken, while the exemption is in effect, and the estimated date by which full compliance will be achieved either by design changes or termination of production of nonconforming vehicles; and (v) The total number of motor vehicles produced by or on behalf of the petitioner in the 12-month period prior to filing the petition, and the inclusive dates of the period. (49 U.S.C. 30113(d) limits eligibility for exemption on the basis of economic hardship to manufacturers whose total motor vehicle production in the year preceding the filing of their applications does not exceed 10,000.) (b) If the basis of the application is that the exemption would make easier the development or field evaluation of a new motor vehicle safety or impact protection features providing a safety or impact protection level at least equal to that of the standard, the applicant shall provide the following information: (1) A description of the safety or impact protection features, and research, development, and testing documentation establishing the innovational nature of such features. (2) An analysis establishing that the level of safety or impact protection of the feature is equivalent to or exceeds the level of safety or impact protection established in the standard from which exemption is sought, including-- (i) A detailed description of how a vehicle equipped with the safety or impact protection feature differs from one that complies with the standard; (ii) If applicant is presently manufacturing a vehicle conforming to the standard, the results of tests conducted to substantiate certification to the standard; and (iii) The results of tests conducted on the safety or impact protection features that demonstrates performance which meets or exceeds the requirements of the standard. (3) Substantiation that a temporary exemption would facilitate the development or field evaluation of the vehicle. (4) A statement whether, at the end of the exemption period, the manufacturer intends to conform to the standard, apply for a further exemption, or petition for rulemaking to amend the standard to incorporate the safety or impact protection features. (5) A statement that not more than 2,500 exempted vehicles will be sold in the United States in any 12-month period for which an exemption may be granted pursuant to this paragraph. An application for renewal of such an exemption shall also include the total number of exempted vehicles sold in the United States under the existing exemption. (c) If the basis of the application is that the exemption would make the development or field evaluation of a low-emission vehicle easier and would not unreasonably lower the safety or impact protection level of that vehicle, the applicant shall provide-- (1) Substantiation that the vehicle is a low-emission vehicle as defined by 49 U.S.C. 30113(a). (2) Research, development, and testing documentation establishing that a temporary exemption would not unreasonably degrade the safety or impact protection of the vehicle, including-- (i) A detailed description of how the motor vehicle equipped with the low-emission engine would, if exempted, differ from one that complies with the standard; (ii) If the applicant is presently manufacturing a vehicle conforming to the standard, the results of tests conducted to substantiate certification to the standard; (iii) The results of any tests conducted on the vehicle that demonstrate its failure to meet the standard, expressed as comparative performance levels; and (iv) Reasons why the failure to meet the standard does not unreasonably degrade the safety or impact protection of the vehicle. (3) Substantiation that a temporary exemption would facilitate the development or field evaluation of the vehicle. (4) A statement whether, at the end of the exemption period, the manufacturer intends to conform with the standard. (5) A statement that not more than 2,500 exempted vehicles will be sold in [[Page 241]] the United States in any 12-month period for which an exemption may be granted pursuant to this paragraph. An application for renewal of an exemption shall also include the total number of exempted vehicles sold in the United States under the existing exemption. (d) If the basis of the application is that the applicant is otherwise unable to sell a vehicle whose overall level of safety or impact protection is at least equal to that of a nonexempted vehicle, the applicant shall provide-- (1) A detailed analysis of how the vehicle provides the overall level of safety or impact protection at least equal to that of nonexempted vehicles, including-- (i) A detailed description of how the motor vehicle, if exempted, differs from one that conforms to the standard; (ii) A detailed description of any safety or impact protection features that the vehicle offers as standard equipment that are not required by the Federal motor vehicle safety or bumper standards; (iii) The results of any tests conducted on the vehicle demonstrating that it fails to meet the standard, expressed as comparative performance levels; (iv) The results of any tests conducted on the vehicle demonstrating that its overall level of safety or impact protection exceeds that which is achieved by conformity to the standards. (v) Other arguments that the overall level of safety or impact protection of the vehicle is at least equal to that of nonexempted vehicles. (2) Substantiation that compliance would prevent the sale of the vehicle. (3) A statement whether, at the end of the exemption period, the manufacturer intends to comply with the standard. (4) A statement that not more than 2,500 exempted vehicles will be sold in the United States in any 12-month period for which an exemption may be granted pursuant to this paragraph. An application for renewal of any exemption shall also include the total number of exempted vehicles sold in the United States under the existing exemption. [38 FR 2694, Jan. 29, 1973, as amended at 39 FR 5489, Feb. 13, 1974; 63 FR 44173, Aug. 18, 1998; 64 FR 2861, Jan. 19, 1999] Sec. 555.7 Processing of applications. (a) The agency publishes a notice of the application in the Federal Register, affording opportunity for comment. (b) No public hearing, argument, or other formal proceeding is held directly on an application filed under this part before its disposition under this section. (c) Any interested person may, upon written request, appear informally before an appropriate official of the NHTSA to discuss an application for exemption or the action taken in response to a petition. (d) If the Administrator determines that the application does not contain adequate justification, he denies it and notifies the petitioner in writing. He also publishes in the Federal Register a notice of the denial and the reasons for it. (e) If the Administrator determines that the application contains adequate justification, he grants it, and notifies the petitioner in writing. He also publishes in the Federal Register a notice of the grant and the reasons for it. (f) Unless a later effective date is specified in the notice of the grant, a temporary exemption is effective upon publication of the notice in the Federal Register and exempts vehicles manufactured on and after the effective date. [38 FR 2694, Jan. 29, 1973, as amended at 39 FR 5489, Feb. 13, 1974; 39 FR 37988, Oct. 25, 1974; 64 FR 2861, 2862, Jan. 19, 1999; 83 FR 66160, Dec. 26, 2018] Sec. 555.8 Termination of temporary exemptions. (a) A temporary exemption from a standard granted on the basis of substantial economic hardship terminates according to its terms but not later than 3 years after the date of issuance unless terminated sooner pursuant to paragraph (d) of this section. (b) A temporary exemption from a standard granted on a basis other than [[Page 242]] substantial economic hardship terminates according to its terms but not later than 2 years after the date of issuance unless terminated sooner pursuant to paragraph (d) of this section. (c) Any interested person may petition for the termination or modification of an exemption granted under this part. The petition will be processed in accordance with the procedures of part 552 of this chapter. (d) The Administrator terminates or modifies a temporary exemption if he determines that-- (1) The temporary exemption is no longer consistent with the public interest and the objectives of the Act; or (2) The temporary exemption was granted on the basis of false, fraudulent, or misleading representations or information. (e) If an application for renewal of a temporary exemption that meets the requirements of Sec. 555.5 has been filed not later than 60 days before the termination date of an exemption, the exemption does not terminate until the Administrator grants or denies the application for renewal. (f) The Administrator publishes in the Federal Register a notice of: (1) An application for termination or modification of an exemption and the action taken in response to it; and (2) Any termination or modification of an exemption pursuant to the Administrator's own motion. [38 FR 2694, Jan. 29, 1973, as amended at 39 FR 37989, Oct. 25, 1974; 40 FR 42015, Sept. 10, 1975; 64 FR 2861, Jan. 19, 1999] Sec. 555.9 Temporary exemption labels. A manufacturer of an exempted vehicle shall-- (a) Submit to the Administrator, within 30 days after receiving notification of the grant of an exemption, a sample of the certification label required by part 567 of this chapter and paragraph (c) of this section; (b) Affix securely to the windshield or side window of each exempted vehicle a label in the English language containing the statement required by paragraph (c)(1) or (2) of this section, and with the words ``Shown above'' omitted. (c) Meet all applicable requirements of part 567 of this chapter, except that-- (1) The statement required by Sec. 567.4(g)(5) of this chapter shall end with the phrase ``except for Standards Nos. [listing the standards by number and title for which an exemption has been granted] exempted pursuant to NHTSA Exemption No. ________________.'' (2) Instead of the statement required by Sec. 567.5(c)(7)(iii), the following statement shall appear: THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY (AND BUMPER) STANDARDS IN EFFECT IN [Month, Year] EXCEPT FOR STANDARD NOS. [Listing the standards by number and title for which an exemption has been granted] EXEMPTED PURSUANT TO NHTSA EXEMPTION NO. ____________. (Secs. 114, 119, Pub. L. 89-563, 80 Stat. 718 (15 U.S.C. 1403, 1408); sec. 3, Pub. L. 92-548, 86 Stat. 1159 (15 U.S.C. 1410); secs. 102, 105, Pub. L. 92-513, 86 Stat. 947 (15 U.S.C. 1912, 1915); delegations of authority at 49 CFR 1.50 and 501.8) [38 FR 2694, Jan. 29, 1973, as amended at 50 FR 10772, Mar. 18, 1985; 60 FR 1750, Jan. 5, 1995] Sec. 555.10 Availability for public inspection. (a) Information relevant to an application under this part, including the application and supporting data, memoranda of informal meetings with the applicant or any other interested person, and the grant or denial of the application, is available for public inspection, except as specified in paragraph (b) of this section, in Room PL-401 (Docket Management), 400 Seventh Street, SW., Washington, DC 20590. Copies of available information may be obtained, as provided in part 7 of the regulations of the Office of the Secretary of Transportation (49 CFR part 7). (b) Except for the release of confidential information authorized by part 512 of this chapter, information made available for inspection under paragraph (a) shall not include materials not relevant to the petition for which confidentiality is requested and granted in accordance with 49 U.S.C. 30166 [[Page 243]] and 30167 and section 552(b) of title 5 of the U.S.C.). [38 FR 2694, Jan. 29, 1973, as amended at 46 FR 2064, Jan. 8, 1981; 48 FR 44081, Sept. 27, 1983; 63 FR 44173, Aug. 18, 1998; 64 FR 2862, Jan. 19, 1999] Subpart B_Vehicles Built in Two or More Stages and Altered Vehicles Source: 70 FR 7429, Feb. 14, 2005, unless otherwise noted. Sec. 555.11 Application. This subpart applies to alterers and manufacturers of motor vehicles built in two or more stages to which one or more standards are applicable. No manufacturer or alterer that produces or alters a total exceeding 10,000 motor vehicles annually shall be eligible for a temporary exemption under this subpart. Any exemption granted under this subpart shall be limited, per manufacturer, to 2,500 vehicles to be sold in the United States in any 12 consecutive month period. Incomplete vehicle manufacturers and intermediate manufacturers that do not intend to certify the vehicles in accordance with 49 CFR 567.5(f) or (g), and instead furnish Incomplete Vehicle Documents to final-stage manufacturers in accordance with 49 CFR 568.4 or 49 CFR 568.5, are not eligible for temporary exemptions under this subpart. [71 FR 28196, May 15, 2006] Sec. 555.12 Petition for exemption. An alterer; an incomplete vehicle manufacturer intending to certify the vehicle in accordance with 49 CFR 567.5(f); an intermediate manufacturer intending to certify the vehicle in accordance with 49 CFR 567.5(g); a final-stage manufacturer; or an industry trade association representing a group of alterers, incomplete vehicle manufacturers, intermediate manufacturers and/or final-stage manufacturers may seek, as to any vehicle configuration altered and/or built in two or more stages, a temporary exemption or a renewal of a temporary exemption from any performance requirement for which a Federal motor vehicle safety standard specifies the use of a dynamic test procedure to determine compliance. Each petition for an exemption under this section must be submitted to NHTSA and must: (a) Be written in the English language; (b) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 20590; (c) State the full name and address of the applicant, the nature of its organization (e.g., individual, partnership, corporation, or trade association), the name of the State or country under the laws of which it is organized, and the name of each alterer, incomplete vehicle manufacturer, intermediate manufacturer and/or final-stage manufacturer for which the exemption is sought; (d) State the number, title, paragraph designation, and the text or substance of the portion(s) of the standard(s) from which the exemption is sought; (e) Describe by type and use each vehicle configuration (or range of vehicle configurations) for which the exemption is sought; (f) State the estimated number of units of each vehicle configuration to be produced annually by each of the manufacturer(s) for whom the exemption is sought; (g) Specify any part of the information and data submitted that the petitioner requests be withheld from public disclosure in accordance with part 512 of this chapter, as provided by Sec. 555.5(b)(6). (1) The information and data which petitioner requests be withheld from public disclosure must be submitted in accordance with Sec. 512.4 of this chapter. (2) The petitioner's request for withholding from public disclosure must be accompanied by a certification in support as set forth in appendix A to part 512 of this chapter. [71 FR 28196, May 15, 2006] Sec. 555.13 Basis for petition. The petition shall: (a) Discuss any factors (e.g., demand for the vehicle configuration, loss of market, difficulty in procuring goods and services necessary to conduct dynamic tests) that the applicant desires NHTSA to consider in deciding whether [[Page 244]] to grant the application based on economic hardship. (b) Explain the grounds on which the applicant asserts that the application of the dynamic test requirements of the standard(s) in question to the vehicles covered by the application would cause substantial economic hardship to each of the manufacturers on whose behalf the application is filed, providing a complete financial statement for each manufacturer and a complete description of each manufacturer's good faith efforts to comply with the standards, including a discussion of: (1) The extent that no Type (1) or Type (2) statement with respect to such standard is available in the incomplete vehicle document furnished, per part 568 of this chapter, by the incomplete vehicle manufacturer or by a prior intermediate-stage manufacturer or why, if one is available, it cannot be followed; (2) A description of the incomplete vehicle to be used to manufacture the vehicle(s) subject to the petition. This description must identify the manufacturer of the incomplete vehicle, state the incomplete vehicle's GVWR, and provide other available specifications; (3) The availability of alternative incomplete vehicles, including incomplete vehicles of different size, GVWR, and number of axles, from the same and other incomplete vehicle manufacturers, that could allow the petitioner to rely on Incomplete Vehicle Documents when certifying the completed vehicle, instead of petitioning under this subpart; (4) The existence, or lack thereof, of generic or cooperative testing that would provide a basis for demonstrating compliance with the standard(s); and (c) Explain why the requested temporary exemption would not unreasonably degrade safety. [71 FR 28196, May 15, 2006] Sec. 555.14 Processing of petitions. The Administrator shall notify the petitioner whether the petition is complete within 30 days of receipt. The Administrator shall attempt to approve or deny any complete petition submitted under this subpart within 120 days after the agency acknowledges that the application is complete. Upon good cause shown, the Administrator may review a petition on an expedited basis. Sec. 555.15 Time period for exemptions. Subject to Sec. 555.16, each temporary exemption granted by the Administrator under this subpart shall be in effect for a period of three years from the effective date. The Administrator shall identify each exemption by a unique number. Sec. 555.16 Renewal of exemptions. An alterer, intermediate or final-stage manufacturer or a trade association representing a group of alterers or, intermediate and/or final-stage manufacturers may apply for a renewal of a temporary exemption. Any such renewal petition shall be filed at least 60 days prior to the termination date of the existing exemption and shall include all the information required in an initial petition. If a petition for renewal of a temporary exemption that meets the requirements of this subpart has been filed not later than 60 days before the termination date of an exemption, the exemption does not terminate until the Administrator grants or denies the petition for renewal. Sec. 555.17 Termination of temporary exemptions. The Administrator may terminate or modify a temporary exemption if (s)he determines that: (a) The temporary exemption was granted on the basis of false, fraudulent, or misleading representations or information; or (b) The temporary exemption is no longer consistent with the public interest and the objectives of the Act. Sec. 555.18 Temporary exemption labels. An alterer or final-stage manufacturer of a vehicle that is covered by one or more exemptions issued under this sub-part shall affix a label that meets meet all the requirements of 49 CFR 555.9. [[Page 245]] PART 556_EXEMPTION FOR INCONSEQUENTIAL DEFECT OR NONCOMPLIANCE-- Table of Contents Sec. 556.1 Scope. 556.2 Purpose. 556.3 Application. 556.4 Petition for exemption. 556.5 Processing of petition. 556.6 Meetings. 556.7 Disposition of petition. 556.8 Rescission of decision. 556.9 Public inspection of relevant information. Authority: Sec. 157, Pub. L. 93-492, 88 Stat. 1470 (15 U.S.C. 1417); delegation of authority at 49 CFR 1.50. Source: 42 FR 7145, Feb. 7, 1977, unless otherwise noted. Sec. 556.1 Scope. This part sets forth procedures, pursuant to section 157 of the Act, for exempting manufacturers of motor vehicles and replacement equipment from the Act's notice and remedy requirements when a defect or noncompliance is determined to be inconsequential as it relates to motor vehicle safety. Sec. 556.2 Purpose. The purpose of this part is to enable manufacturers of motor vehicles and replacement equipment to petition the NHTSA for exemption from the notification and remedy requirements of the Act due to the inconsequentiality of the defect or noncompliance as it relates to motor vehicle safety, and to give all interested persons an opportunity for presentation of data, views, and arguments on the issues of inconsequentiality. Sec. 556.3 Application. This part applies to manufacturers of motor vehicles and replacement equipment. Sec. 556.4 Petition for exemption. (a) A manufacturer who has determined the existence, in a motor vehicle or item of replacement equipment that he produces, of a defect related to motor vehicle safety or a noncompliance with an applicable Federal motor vehicle safety standard, or who has received notice of an initial determination by the NHTSA of the existence of a defect related to motor vehicle safety or a noncompliance, may petition for exemption from the Act's notification and remedy requirements on the grounds that the defect or noncompliance is inconsequential as it relates to motor vehicle safety. (b) Each petition submitted under this part shall-- (1) Be written in the English language; (2) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, Washington, DC 20590; (3) State the full name and address of the applicant, the nature of its organization (e.g., individual, partnership, or corporation) and the name of the State or country under the laws of which it is organized. (4) Describe the motor vehicle or item of replacement equipment, including the number involved and the period of production, and the defect or noncompliance concerning which an exemption is sought; and (5) Set forth all data, views, and arguments of the petitioner supporting his petition. (6) Be accompanied by three copies of the report the manufacturer has submitted, or is submitting, to NHTSA in accordance with part 573 of this chapter, relating to its determination of the existence of safety related defect or noncompliance with an applicable safety standard that is the subject of the petition. (c) In the case of defects related to motor vehicle safety or noncompliances determined to exist by a manufacturer, petitions under this part must be submitted not later than 30 days after such determination. In the case of defects related to motor vehicle safety or noncompliances initially determined to exist by the NHTSA, petitions must be submitted not later than 30 days after notification of the determination has been received by the manufacturer. Such a petition will not constitute a concession by the manufacturer of, nor will it be considered relevant to, the existence of a defect [[Page 246]] related to motor vehicle safety or a nonconformity. [42 FR 7145, Feb. 7, 1977, as amended at 56 FR 66376, Dec. 23, 1991] Sec. 556.5 Processing of petition. (a) The NHTSA publishes a notice of each petition in the Federal Register. Such notice includes: (1) A brief summary of the petition; (2) A statement of the availability of the petition and other relevant information for public inspection; and (3)(i) In the case of a defect related to motor vehicle safety or a noncompliance determined to exist by the manufacturer, an invitation to interested persons to submit written data, views, and arguments concerning the petition, and, upon request by the petitioner or interested persons, a statement of the time and place of a public meeting at which such materials may be presented orally if any person so desires. (ii) In the case of a defect related to motor vehicle safety or a noncompliance initially determined to exist by the NHTSA, an invitation to interested persons to submit written data, views, and arguments concerning the petition or to submit such data, views, and arguments orally at the meeting held pursuant to section 152(a) of the Act following the initial determination, or at a separate meeting if deemed appropriate by the agency. Sec. 556.6 Meetings. (a) At a meeting held under this part, any interested person may make oral (as well as written) presentations of data, views, and arguments on the question whether the defect or noncompliance described in the Federal Register notice is inconsequential as it relates to motor vehicle safety. (b) Sections 556 and 557 of Title 5, U.S.C., do not apply to any meeting held under this part. Unless otherwise specified, any meeting held under this part is an informal, nonadversary, fact-finding proceeding, at which there are no formal pleadings or adverse parties. A decision to grant or deny a petition, after a meeting on such petition, is not necessarily based exclusively on the record of the meeting. (c) The Administrator designates a representative to conduct any meeting held under this part. The Chief Counsel designates a member of his staff to serve as legal officer at the meeting. A transcript of the proceeding is kept and exhibits may be kept as part of the transcript. Sec. 556.7 Disposition of petition. Notice of either a grant or denial of a petition for exemption from the notice and remedy requirements of the Act based upon the inconsequentiality of a defect or noncompliance is issued to the petitioner and published in the Federal Register. The effect of a grant of a petition is to relieve the manufacturer from any further responsibility to provide notice and remedy of the defect or noncompliance. The effect of a denial is to continue in force, as against a manufacturer, all duties contained in the Act relating to notice and remedy of the defect or noncompliance. Any interested person may appeal the grant or denial of a petition by submitting written data, views, or arguments to the Administrator. Sec. 556.8 Rescission of decision. The Administrator may rescind a grant or denial of an exemption issued under this part any time after the receipt of new data and notice and opportunity for comment thereon, in accordance with Sec. Sec. 556.5 and 556.7. Sec. 556.9 Public inspection of relevant information. Information relevant to a petition under this part, including the petition and supporting data, memoranda of informal meetings with the petitioner or any other interested person concerning the petition, and the notice granting or denying the petition, are available for public inspection in the Docket Section, Room 5109, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Copies of available information may be obtained in accordance with part 7 of the regulations of the Office of the Secretary of Transportation (49 CFR part 7). (Authority: Sec. 104, Pub. L. 93-492, 88 Stat. 1470 (15 U.S.C. 1417)) [42 FR 7145, Feb. 7, 1977, as amended at 48 FR 44081, Sept. 27, 1983] [[Page 247]] PART 557_PETITIONS FOR HEARINGS ON NOTIFICATION AND REMEDY OF DEFECTS-- Table of Contents Sec. 557.1 Scope. 557.2 Purpose. 557.3 General. 557.4 Requirements for petition. 557.5 Improperly filed petitions. 557.6 Determination whether to hold a public hearing. 557.7 Public hearing. 557.8 Determination of manufacturer's obligation. Authority: Sec. 9, Pub. L. 89-670, 80 Stat. 931 (49 U.S.C. 1657); sec. 103, 119, Pub. L. 89-563, 80 Stat. 718 (15 U.S.C. 1392, 1407); sec. 156, Pub. L. 93-492, 88 Stat. 1470 (15 U.S.C 1416); delegation of authority at 49 CFR 1.50). Source: 41 FR 56812, Dec. 30, 1976, unless otherwise noted. Sec. 557.1 Scope. This part establishes procedures under section 156 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (88 Stat. 1470, 15 U.S.C. 1416), for the submission and disposition of petitions filed by interested persons for hearings on the question of whether a manufacturer has reasonably met his obligation to notify owners, purchasers, and dealers of a safety-related defect or failure to comply with a Federal motor vehicle safety standard, or to remedy such defect or failure to comply. This part also establishes procedures for holding a hearing on these questions. Sec. 557.2 Purpose. The purpose of this part is to enable the National Highway Traffic Safety Administration to identify and respond on a timely basis to petitions for hearings on whether a manufacturer has reasonably met his obligation to notify or remedy, and to establish the procedures for such hearings. Sec. 557.3 General. Any interested person may file with the Administrator a petition requesting him to hold a hearing on-- (a) Whether a manufacturer has reasonably met his obligation to notify owners, purchasers, and dealers of a safety-related defect in any motor vehicle or item of replacement equipment manufactured by him; (b) Whether a manufacturer has reasonably met his obligation to notify owners, purchasers, and dealers of a failure to comply with an applicable Federal motor vehicle safety standard in any motor vehicle or item of replacement equipment manufactured by him; (c) Whether the manufacturer has reasonably met his obligation to remedy a safety-related defect in any motor vehicle or item of replacement equipment manufactured by him; or (d) Whether the manufacturer has reasonably met his obligation to remedy a failure to comply with an applicable Federal motor vehicle safety standard in any motor vehicle or item of replacement equipment manufactured by him. Sec. 557.4 Requirements for petition. A petition filed under this part should be addressed and submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Each petition filed under this part must-- (a) Be written in the English or Spanish language; (b) Have, preceding its text, the word ``Petition''; (c) Contain a brief statement concerning the alleged failure of a manufacturer to meet reasonably his obligation to notify or remedy; (d) Contain a brief summary of the data, views, or arguments that the petitioner wishes to present in a hearing on whether or not a manufacturer has reasonably met his obligations to notify or remedy; (e) Specifically request a hearing. Sec. 557.5 Improperly filed petitions. (a) A petition that is not addressed as specified in Sec. 557.4, but that meets the other requirements of that section, will be treated as a properly filed petition, received as of the time it is discovered and identified. (b) A document that fails to conform to one or more of the requirements of Sec. 557.4(a) (1) through (5) will not be treated as a petition under this part. [[Page 248]] Such a document will be treated according to the existing correspondence and other procedures of the NHTSA, and any information contained in it will be considered at the discretion of the Administrator. Sec. 557.6 Determination whether to hold a public hearing. (a) The Administrator considers the following factors in determining whether to hold a hearing: (1) The nature of the complaint; (2) The seriousness of the alleged breach of obligation to remedy; (3) The existence of similar complaints; (4) The ability of the NHTSA to resolve the problem without holding a hearing; and (5) Other pertinent matters. (b) If, after considering the above factors, the Administrator determines that a hearing should be held, the petition is granted. If it is determined that a hearing should not be held, the petition is denied. In either case, the petitioner is notified of the grant or denial not more than 60 days after receipt of the petition by the NHTSA. (c) If a petition submitted under this part is denied, a Federal Register notice of the denial is issued within 45 days of the denial, setting forth the reasons for it. (d) The Administrator may conduct a hearing under this part on his own motion. Sec. 557.7 Public hearing. If the Administrator decides that a public hearing under this part is necessary, he issues a notice of public hearing in the Federal Register, to advise interested persons of the time, place, and subject matter of the public hearing and invite their participation. Interested persons may submit their views through oral or written presentation, or both. There is no cross-examination of witnesses. A transcript of the hearing is kept and exhibits may be accepted as part of the transcript. Sections 556 and 557 of title 5, U.S.C., do not apply to hearings held under this part. When appropriate, the Chief Counsel designates a member of his staff to serve as legal officer at the hearing. Sec. 557.8 Determination of manufacturer's obligation. If the Administrator determines, on the basis of the information presented at a hearing or any other information that is available to him, that the manufacturer has not reasonably met his obligation to notify owners, dealers, and purchasers of a safety-related defect or failure to comply with a Federal motor vehicle safety standard or to remedy such defect or failure to comply, he orders the manufacturer to take specified action to comply with his obligation, consistent with the authority granted the Administrator by the Act. PART 562_LIGHTING AND MARKING OF AGRICULTURAL EQUIPMENT--Table of Contents Sec. 562.1 Scope and purpose. 562.3 Definitions. 562.5 Applicability. 562.7 Lighting and marking requirements for new agricultural equipment. 562.9 Compliance not affected by addition of certain materials and equipment. 562.11 Incorporation by reference. Authority: Sec. 31601, Pub. L. 112-141, 126 Stat. 405; 49 U.S.C. 30111 note; delegation of authority at 49 CFR 1.95. Source: 81 FR 40533, June 22, 2016, unless otherwise noted. Sec. 562.1 Scope and purpose. This part establishes minimum lighting and marking standards for new agricultural equipment as required by the Moving Ahead for Progress in the 21st Century Act (Sec. 31601, Pub. L. 112-141). Sec. 562.3 Definitions. Agricultural equipment has the meaning given the term ``agricultural field equipment'' in the ANSI/ASAE 390.4 JAN2005, ``Definitions and Classifications of Agricultural Field Equipment'' (incorporated by reference, see Sec. 562.11). Public road means any road or street under the jurisdiction of and maintained by a public authority and open to public travel. [[Page 249]] Sec. 562.5 Applicability. This standard applies to new agricultural equipment that may be operated on a public road. Sec. 562.7 Lighting and marking requirements for new agricultural equipment. New agricultural equipment that may be operated on a public road must meet the lighting and marking standards set forth in ANSI/ASAE 279.14 JUL2008, ``Lighting and Marking of Agricultural Equipment on Highways'' (incorporated by reference, see Sec. 562.11). Sec. 562.9 Compliance not affected by addition of certain materials and equipment. (a) Successor standards. Equipping new agricultural equipment that may be operated on a public road with lighting and marking materials and equipment that comply with a revision of ANSI/ASAE Standard 279 adopted after the version cited in Sec. 562.7 does not affect compliance with the requirements of this part. (b) Additional materials and equipment. Equipping new agricultural equipment that may be operated on a public road with lighting and marking materials and equipment that are in addition to the minimum requirements specified in Sec. 562.7 does not affect compliance with the requirements of this part. Sec. 562.11 Incorporation by reference. 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. You may inspect approved material at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 or at the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/ federal_register/code_of_federal_regulations/ibr_locations.html. (a) American Society of Agricultural and Biological Engineers (ASABE) 2950 Niles Road, St. Joseph, Michigan 49085-9659, (269) 429- 0300. http://www.asabe.org/publications/publications/standards.aspx. (1) ANSI/ASABE 279.14 JUL2008, ``Lighting and Marking of Agricultural Equipment on Highways,'' approved August 2008, into Sec. 562.7. (2) ANSI/ASAE 390.4 JAN2005, ``Definitions and Classifications of Agricultural Field Equipment,'' approved February 2005, into Sec. 562.3. (b) [Reserved] PART 563_EVENT DATA RECORDERS--Table of Contents Sec. 563.1 Scope. 563.2 Purpose. 563.3 Application. 563.4 [Reserved] 563.5 Definitions. 563.6 Requirements for vehicles. 563.7 Data elements. 563.8 Data format. 563.9 Data capture. 563.10 Crash test performance and survivability. 563.11 Information in owner's manual. 563.12 Data retrieval tools. Authority: 49 U.S.C. 322, 30101, 30111, 30115, 30117, 30166, 30168; delegation of authority at 49 CFR 1.50. Source: 71 FR 51043, Aug. 28, 2006, unless otherwise noted. Sec. 563.1 Scope. This part specifies uniform, national requirements for vehicles equipped with event data recorders (EDRs) concerning the collection, storage, and retrievability of onboard motor vehicle crash event data. It also specifies requirements for vehicle manufacturers to make tools and/or methods commercially available so that crash investigators and researchers are able to retrieve data from EDRs. Sec. 563.2 Purpose. The purpose of this part is to help ensure that EDRs record, in a readily usable manner, data valuable for effective crash investigations and for analysis of safety equipment performance (e.g., advanced restraint systems). These data will help provide a better understanding of the circumstances in which crashes and injuries occur and will lead to safer vehicle designs. [[Page 250]] Sec. 563.3 Application. This part applies to the following vehicles manufactured on or after September 1, 2012, if they are equipped with an event data recorder: passenger cars, multipurpose passenger vehicles, trucks, and buses with a GVWR of 3,855 kg (8,500 pounds) or less and an unloaded vehicle weight of 2,495 kg (5,500 pounds) or less, except for walk-in van-type trucks or vehicles designed to be sold exclusively to the U.S. Postal Service. This part also applies to manufacturers of those vehicles. However, vehicles manufactured before September 1, 2013 that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having been previously certified to the Federal motor vehicle safety standards in accordance with part 567 of this chapter need not meet the requirements of this part. [73 FR 2179, Jan. 14, 2008] Sec. 563.4 [Reserved] Sec. 563.5 Definitions. (a) Motor vehicle safety standard definitions. Unless otherwise indicated, all terms that are used in this part and are defined in the Motor Vehicle Safety Standards, part 571 of this subchapter, are used as defined therein. (b) Other definitions. ABS activity means the anti-lock brake system (ABS) is actively controlling the vehicle's brakes. Air bag warning lamp status means whether the warning lamp required by FMVSS No. 208 is on or off. Capture means the process of buffering EDR data in a temporary, volatile storage medium where it is continuously updated at regular time intervals. Delta-V, lateral means the cumulative change in velocity, as recorded by the EDR of the vehicle, along the lateral axis, starting from crash time zero and ending at 0.25 seconds, recorded every 0.01 seconds. Delta-V, longitudinal means the cumulative change in velocity, as recorded by the EDR of the vehicle, along the longitudinal axis, starting from crash time zero and ending at 0.25 seconds, recorded every 0.01 seconds. Deployment time, frontal air bag means (for both driver and right front passenger) the elapsed time from crash time zero to the deployment command, or for multi-staged air bag systems, the deployment command for the first stage. Disposal means the deployment command of the second (or higher, if present) stage of a frontal air bag for the purpose of disposing the propellant from the air bag device. End of event time means the moment at which the resultant cumulative delta-V within a 20 ms time period becomes 0.8 km/h (0.5 mph) or less, or the moment at which the crash detection algorithm of the air bag control unit resets. Engine RPM means (1) For vehicles powered by internal combustion engines, the number of revolutions per minute of the main crankshaft of the vehicle's engine; and (2) For vehicles not entirely powered by internal combustion engines, the number of revolutions per minute of the motor shaft at the point at which it enters the vehicle transmission gearbox. Engine throttle, percent full means the driver-requested acceleration as measured by the throttle position sensor on the accelerator pedal compared to the fully-depressed position. Event means a crash or other physical occurrence that causes the trigger threshold to be met or exceeded, or any non-reversible deployable restraint to be deployed, whichever occurs first. Event data recorder (EDR) means a device or function in a vehicle that records the vehicle's dynamic time-series data during the time period just prior to a crash event (e.g., vehicle speed vs. time) or during a crash event (e.g., delta-V vs. time), intended for retrieval after the crash event. For the purposes of this definition, the event data do not include audio and video data. Frontal air bag means an inflatable restraint system that requires no action by vehicle occupants and is used to meet the applicable frontal crash protection requirements of FMVSS No. 208. Ignition cycle, crash means the number (count) of power cycles applied to [[Page 251]] the recording device at the time when the crash event occurred since the first use of the EDR. Ignition cycle download means the number (count) of power cycles applied to the recording device at the time when the data was downloaded since the first use of the EDR. Lateral acceleration means the component of the vector acceleration of a point in the vehicle in the y-direction. The lateral acceleration is positive from left to right, from the perspective of the driver when seated in the vehicle facing the direction of forward vehicle travel. Longitudinal acceleration means the component of the vector acceleration of a point in the vehicle in the x-direction. The longitudinal acceleration is positive in the direction of forward vehicle travel. Maximum delta-V, lateral means the maximum value of the cumulative change in velocity, as recorded by the EDR, of the vehicle along the lateral axis, starting from crash time zero and ending at 0.3 seconds. Maximum delta-V, longitudinal means the maximum value of the cumulative change in velocity, as recorded by the EDR, of the vehicle along the longitudinal axis, starting from crash time zero and ending at 0.3 seconds. Maximum delta-V, resultant means the time-correlated maximum value of the cumulative change in velocity, as recorded by the EDR or processed during data download, along the vector-added longitudinal and lateral axes. Multi-event crash means the occurrence of 2 events, the first and last of which begin not more than 5 seconds apart. Non-volatile memory means the memory reserved for maintaining recorded EDR data in a semi-permanent fashion. Data recorded in non- volatile memory is retained after loss of power and can be retrieved with EDR data extraction tools and methods. Normal acceleration means the component of the vector acceleration of a point in the vehicle in the z-direction. The normal acceleration is positive in a downward direction and is zero when the accelerometer is at rest. Occupant position classification means the classification indicating that the seating posture of a front outboard occupant (both driver and right front passenger) is determined as being out-of-position. Occupant size classification means, for the right front passenger, the classification of the occupant as a child (as defined in 49 CFR part 572, subpart N or smaller) or not as an adult (as defined in 49 CFR part 572, subpart O), and for the driver, the classification of the driver as being a 5th percentile female (as defined in 49 CFR Part 572, subpart O) or larger. Pretensioner means a device that is activated by a vehicle's crash sensing system and removes slack from a vehicle safety belt system. Record means the process of saving captured EDR data into a non- volatile device for subsequent retrieval. Safety belt status means the feedback from the safety system that is used to determine that an occupant's safety belt (for both driver and right front passenger) is fastened or unfastened. Seat track position switch, foremost, status means the status of the switch that is installed to detect whether the seat is moved to a forward position. Service brake, on or off means the status of the device that is installed in or connected to the brake pedal system to detect whether the pedal was pressed. The device can include the brake pedal switch or other driver-operated service brake control. Side air bag means any inflatable occupant restraint device that is mounted to the seat or side structure of the vehicle interior, and that is designed to deploy in a side impact crash to help mitigate occupant injury and/or ejection. Side curtain/tube air bag means any inflatable occupant restraint device that is mounted to the side structure of the vehicle interior, and that is designed to deploy in a side impact crash or rollover and to help mitigate occupant injury and/or ejection. Speed, vehicle indicated means the vehicle speed indicated by a manufacturer-designated subsystem designed to indicate the vehicle's ground travel speed during vehicle operation. Stability control means any device that complies with FMVSS No. 126, ``Electronic stability control systems.'' [[Page 252]] Steering input means the angular displacement of the steering wheel measured from the straight-ahead position (position corresponding to zero average steer angle of a pair of steered wheels). Suppression switch status means the status of the switch indicating whether an air bag suppression system is on or off. Time from event 1 to 2 means the elapsed time from time zero of the first event to time zero of the second event. Time, maximum delta-V, lateral means the time from crash time zero to the point where the maximum value of the cumulative change in velocity is found, as recorded by the EDR, along the lateral axis. Time, maximum delta-V, longitudinal means the time from crash time zero to the point where the maximum value of the cumulative change in velocity is found, as recorded by the EDR, along the longitudinal axis. Time, maximum delta-V, resultant means the time from crash time zero to the point where the maximum delta-V resultant occurs, as recorded by the EDR or processed during data download. Time to deploy, pretensioner means the elapsed time from crash time zero to the deployment command for the safety belt pretensioner (for both driver and right front passenger). Time to deploy, side air bag/curtain means the elapsed time from crash time zero to the deployment command for a side air bag or a side curtain/tube air bag (for both driver and right front passenger). Time to first stage means the elapsed time between time zero and the time when the first stage of a frontal air bag is commanded to fire. Time to n\th\ stage means the elapsed time from crash time zero to the deployment command for the nth stage of a frontal air bag (for both driver and right front passenger). Time zero means whichever of the following occurs first: (1) For systems with ``wake-up'' air bag control systems, the time at which the occupant restraint control algorithm is activated; or (2) For continuously running algorithms, (i) The first point in the interval where a longitudinal cumulative delta-V of over 0.8 km/h (0.5 mph) is reached within a 20 ms time period; or (ii) For vehicles that record ``delta-V, lateral,'' the first point in the interval where a lateral cumulative delta-V of over 0.8 km/h (0.5 mph) is reached within a 5 ms time period; or (3) Deployment of a non-reversible deployable restraint. Trigger threshold means a change in vehicle velocity, in the longitudinal direction, that equals or exceeds 8 km/h within a 150 ms interval. For vehicles that record ``delta-V, lateral,'' trigger threshold means a change in vehicle velocity in either the longitudinal or lateral direction that equals or exceeds 8 km/h within a 150 ms interval. Vehicle roll angle means the angle between the vehicle's y-axis and the ground plane. Volatile memory means the memory reserved for buffering of captured EDR data. The memory is not capable of retaining data in a semi- permanent fashion. Data captured in volatile memory is continuously overwritten and is not retained in the event of a power loss or retrievable with EDR data extraction tools. X-direction means in the direction of the vehicle's X-axis, which is parallel to the vehicle's longitudinal centerline. The X-direction is positive in the direction of forward vehicle travel. Y-direction means in the direction of the vehicle's Y-axis, which is perpendicular to its X-axis and in the same horizontal plane as that axis. The Y-direction is positive from left to right, from the perspective of the driver when seated in the vehicle facing the direction of forward vehicle travel. Z-direction means in the direction of the vehicle's Z-axis, which is perpendicular to the X- and Y-axes. The Z-direction is positive in a downward direction. [73 FR 2180, Jan. 14, 2008, as amended at 76 FR 47486, Aug. 5, 2011] Sec. 563.6 Requirements for vehicles. Each vehicle equipped with an EDR must meet the requirements specified in Sec. 563.7 for data elements, Sec. 563.8 for data format, Sec. 563.9 for data capture, Sec. 563.10 for crash test performance and [[Page 253]] survivability, and Sec. 563.11 for information in owner's manual. Sec. 563.7 Data elements. (a) Data elements required for all vehicles. Each vehicle equipped with an EDR must record all of the data elements listed in Table I, during the interval/time and at the sample rate specified in that table. Table I--Data Elements Required for All Vehicles Equipped With an EDR ------------------------------------------------------------------------ Recording interval/time Data sample Data element \1\ (relative to time rate (samples zero) per second) ------------------------------------------------------------------------ Delta-V, longitudinal.......... 0 to 250 ms or 0 to End 100 of Event Time plus 30 ms, whichever is shorter. Maximum delta-V, longitudinal.. 0-300 ms or 0 to End of N/A Event Time plus 30 ms, whichever is shorter. Time, maximum delta-V.......... 0-300 ms or 0 to End of N/A Event Time plus 30 ms, whichever is shorter. Speed, vehicle indicated....... -5.0 to 0 sec.......... 2 Engine throttle, % full (or -5.0 to 0 sec.......... 2 accelerator pedal, % full). Service brake, on/off.......... -5.0 to 0 sec.......... 2 Ignition cycle, crash.......... -1.0 sec............... N/A Ignition cycle, download....... At time of download \3\ N/A Safety belt status, driver..... -1.0 sec............... N/A Frontal air bag warning lamp, -1.0 sec............... N/A on/off \2\. Frontal air bag deployment, Event.................. N/A time to deploy, in the case of a single stage air bag, or time to first stage deployment, in the case of a multi-stage air bag, driver. Frontal air bag deployment, Event.................. N/A time to deploy, in the case of a single stage air bag, or time to first stage deployment, in the case of a multi-stage air bag, right front passenger. Multi-event, number of event... Event.................. N/A Time from event 1 to 2......... As needed.............. N/A Complete file recorded (yes, Following other data... N/A no). ------------------------------------------------------------------------ \1\ Pre-crash data and crash data are asynchronous. The sample time accuracy requirement for pre-crash time is -0.1 to 1.0 sec (e.g., T = 1 would need to occur between -1.1 and 0 seconds.) \2\ The frontal air bag warning lamp is the readiness indicator specified in S4.5.2 of FMVSS No. 208, and may also illuminate to indicate a malfunction in another part of the deployable restraint system. \3\ The ignition cycle at the time of download is not required to be recorded at the time of the crash, but shall be reported during the download process. (b) Data elements required for vehicles under specified conditions. Each vehicle equipped with an EDR must record each of the data elements listed in column 1 of Table II for which the vehicle meets the condition specified in column 2 of that table, during the interval/time and at the sample rate specified in that table. Table II--Data Elements Required for Vehicles Under Specified Minimum Conditions ---------------------------------------------------------------------------------------------------------------- Recording interval/time Data sample Data element name Condition for requirement \1\ (relative to time rate (per zero) second) ---------------------------------------------------------------------------------------------------------------- Lateral acceleration.................... If recorded \2\........... N/A....................... N/A Longitudinal acceleration............... If recorded............... N/A....................... N/A Normal acceleration..................... If recorded............... N/A....................... N/A Delta-V, lateral........................ If recorded............... 0-250 ms or 0 to End of 100 Event Time plus 30 ms, whichever is shorter. Maximum delta-V, lateral................ If recorded............... 0-300 ms or 0 to End of N/A Event Time plus 30 ms, whichever is shorter. Time maximum delta-V, lateral........... If recorded............... 0-300 ms or 0 to End of N/A Event Time plus 30 ms, whichever is shorter. Time for maximum delta-V, resultant..... If recorded............... 0-300 ms or 0 to End of N/A Event Time plus 30 ms, whichever is shorter. Engine rpm.............................. If recorded............... -5.0 to 0 sec............. 2 [[Page 254]] Vehicle roll angle...................... If recorded............... -1.0 up to 5.0 sec \3\.... 10 ABS activity (engaged, non-engaged)..... If recorded............... -5.0 to 0 sec............. 2 Stability control (on, off, or engaged). If recorded............... -5.0 to 0 sec............. 2 Steering input.......................... If recorded............... -5.0 to 0 sec............. 2 Safety belt status, right front If recorded............... -1.0 sec.................. N/A passenger (buckled, not buckled). Frontal air bag suppression switch If recorded............... -1.0 sec.................. N/A status, right front passenger (on, off, or auto). Frontal air bag deployment, time to nth If equipped with a Event..................... N/A stage, driver \4\. driver's frontal air bag with a multi-stage inflator. Frontal air bag deployment, time to nth If equipped with a right Event..................... N/A stage, right front passenger \4\. front passenger's frontal air bag with a multi- stage inflator. Frontal air bag deployment, nth stage If recorded............... Event..................... N/A disposal, driver, Y/N (whether the nth stage deployment was for occupant restraint or propellant disposal purposes). Frontal air bag deployment, nth stage If recorded............... Event..................... N/A disposal, right front passenger, Y/N (whether the nth stage deployment was for occupant restraint or propellant disposal purposes). Side air bag deployment, time to deploy, If recorded............... Event..................... N/A driver. Side air bag deployment, time to deploy, If recorded............... Event..................... N/A right front passenger. Side curtain/tube air bag deployment, If recorded............... Event..................... N/A time to deploy, driver side. Side curtain/tube air bag deployment, If recorded............... Event..................... N/A time to deploy, right side. Pretensioner deployment, time to fire, If recorded............... Event..................... N/A driver. Pretensioner deployment, time to fire, If recorded............... Event..................... N/A right front passenger. Seat track position switch, foremost, If recorded............... -1.0 sec.................. N/A status, driver. Seat track position switch, foremost, If recorded............... -1.0 sec.................. N/A status, right front passenger. Occupant size classification, driver.... If recorded............... -1.0 sec.................. N/A Occupant size classification, right If recorded............... -1.0 sec.................. N/A front passenger. Occupant position classification, driver If recorded............... -1.0 sec.................. N/A Occupant position classification, right If recorded............... -1.0 sec.................. N/A front passenger. ---------------------------------------------------------------------------------------------------------------- \1\ Pre-crash data and crash data are asynchronous. The sample time accuracy requirement for pre-crash time is - 0.1 to 1.0 sec (e.g. T = -1 would need to occur between -1.1 and 0 seconds.) \2\ ``If recorded'' means if the data is recorded in non-volatile memory for the purpose of subsequent downloading. \3\ ``vehicle roll angle'' may be recorded in any time duration; -1.0 sec to 5.0 sec is suggested. \4\ List this element n - 1 times, once for each stage of a multi-stage air bag system. [73 FR 2181, Jan. 14, 2008, 73 FR 8408, Feb. 13, 2008, as amended at 76 FR 47486, Aug. 5, 2011] Sec. 563.8 Data format. (a) The data elements listed in Tables I and II, as applicable, must be reported in accordance with the range, accuracy, and resolution specified in Table III [[Page 255]] Table III--Reported Data Element Format ---------------------------------------------------------------------------------------------------------------- Data element Minimum range Accuracy \1\ Resolution ---------------------------------------------------------------------------------------------------------------- Lateral acceleration................ At option of At option of At option of manufacturer. manufacturer. manufacturer. Longitudinal acceleration........... At option of At option of At option of manufacturer. manufacturer. manufacturer. Normal Acceleration................. At option of At option of At option of manufacturer. manufacturer. manufacturer. Longitudinal delta-V................ -100 km/h to + 100 km/h. 10%. Lateral delta-V..................... -100 km/h to + 100 km/h. 10%. Maximum delta-V, longitudinal....... -100 km/h to + 100 km/h. 10%. Maximum delta-V, lateral............ -100 km/h to + 100 km/h. 10%. Time, maximum delta-V, longitudinal. 0-300 ms, or 0-End of 3 2.5 ms. Event Time plus 30 ms, ms. whichever is shorter. Time, maximum delta-V, lateral...... 0-300 ms, or 0-End of 3 2.5 ms. Event Time plus 30 ms, ms. whichever is shorter. Time, maximum delta-V, resultant.... 0-300 ms, or 0-End of 3 2.5 ms. Event Time plus 30 ms, ms. whichever is shorter. Vehicle Roll Angle.................. -1080 deg to + 1080 deg. 10%. Speed, vehicle indicated............ 0 km/h to 200 km/h...... 1 1 km/h. km/h. Engine throttle, percent full 0 to 100%............... 5%. Engine rpm.......................... 0 to 10,000 rpm......... 100 rpm. Service brake....................... On or Off............... N/A.................... On or Off. ABS activity........................ On or Off............... N/A.................... On or Off. Stability control................... On, Off, or Engaged..... N/A.................... On, Off, or Engaged. Steering input...................... -250 deg CW to + 250 deg 5%. eq>1%. Ignition cycle, crash............... 0 to 60,000............. 1 1 cycle. cycle. Ignition cycle, download............ 0 to 60,000............. 1 1 cycle. cycle. Safety belt status, driver.......... On or Off............... N/A.................... On or Off. Safety belt status, right front On or Off............... N/A.................... On or Off. passenger. Frontal air bag warning lamp........ On or Off............... N/A.................... On or Off. Frontal air bag suppression switch On, Off, or Auto........ N/A.................... On, Off, or Auto. status, right front passenger. Frontal air bag deployment, time to 0 to 250 ms............. 2ms. Frontal air bag deployment, time to 0 to 250 ms............. 2 1 ms. deploy/first stage, right front ms. passenger. Frontal air bag deployment, time to 0 to 250 ms............. 2 1 ms. nth stage, driver. ms. Frontal air bag deployment, time to 0 to 250 ms............. 2 1 ms. nth stage, right front passenger. ms. Frontal air bag deployment, nth Yes or No............... N/A.................... Yes or No. stage disposal, driver. [[Page 256]] Frontal air bag deployment, nth Yes or No............... N/A.................... Yes or No. stage disposal, right front passenger. Side air bag deployment, time to 0 to 250 ms............. 2 1 ms. deploy, driver. ms. Side air bag deployment, time to 0 to 250 ms............. 2 1 ms. deploy, right front passenger. ms. Side curtain/tube air bag 0 to 250 ms............. 2 1 ms. deployment, time to deploy, driver ms. side. Side curtain/tube air bag 0 to 250 ms............. 2 1 ms. deployment, time to deploy, right ms. side. Pretensioner deployment, time to 0 to 250 ms............. 2 1 ms. fire, driver. ms. Pretensioner deployment, time to 0 to 250 ms............. 2 1 ms. fire, right front passenger. ms. Seat track position switch, Yes or No............... N/A.................... Yes or No. foremost, status, driver. Seat track position switch, Yes or No............... N/A.................... Yes or No. foremost, status, right front passenger. Occupant size classification, driver 5th percentile female or N/A.................... Yes or No. larger. Occupant size classification, right Child................... N/A.................... Yes or No. front passenger. Occupant position classification, Out of position......... N/A.................... Yes or No. driver. Occupant position classification, Out of position......... N/A.................... Yes or No. right front passenger. Multi-event, number of event........ 1 or 2.................. N/A.................... 1 or 2. Time from event 1 to 2.............. 0 to 5.0 sec............ 0.1 sec................ 0.1 sec. Complete file recorded.............. Yes or No............... N/A.................... Yes or No. ---------------------------------------------------------------------------------------------------------------- \1\ Accuracy requirement only applies within the range of the physical sensor. For vehicles manufactured after September 1, 2014, if measurements captured by a sensor exceed the design range of the sensor, the reported element must indicate when the measurement first exceeded the design range of the sensor. (b) Acceleration Time-History data and format: the longitudinal, lateral, and normal acceleration time-history data, as applicable, must be filtered either during the recording phase or during the data downloading phase to include: (1) The Time Step (TS) that is the inverse of the sampling frequency of the acceleration data and which has units of seconds; (2) The number of the first point (NFP), which is an integer that when multiplied by the TS equals the time relative to time zero of the first acceleration data point; (3) The number of the last point (NLP), which is an integer that when multiplied by the TS equals the time relative to time zero of the last acceleration data point; and (4) NLP--NFP + 1 acceleration values sequentially beginning with the acceleration at time NFP * TS and continue sampling the acceleration at TS increments in time until the time NLP * TS is reached. [73 FR 2183, Jan. 14, 2008, as amended at 76 FR 47488, Aug. 5, 2011; 77 FR 47556, Aug. 9, 2012; 77 FR 59566, Sept. 28, 2012] [[Page 257]] Sec. 563.9 Data capture. The EDR must capture and record the data elements for events in accordance with the following conditions and circumstances: (a) In a frontal air bag deployment crash, capture and record the current deployment data. In a side or side curtain/tube air bag deployment crash, where lateral delta-V is recorded by the EDR, capture and record the current deployment data. The memory for the air bag deployment event must be locked to prevent any future overwriting of the data. (b) In an event that does not meet the criteria in Sec. 563.9(a), capture and record the current event data, up to two events, subject to the following conditions: (1) If an EDR non-volatile memory buffer void of previous-event data is available, the current event data is recorded in the buffer. (2) If an EDR non-volatile memory buffer void of previous-event data is not available, the manufacturer may choose to either overwrite any previous event data that does not deploy an air bag with the current event data, or to not record the current event data. (3) EDR buffers containing previous frontal, side, or side curtain/ tube air bag deployment-event data must not be overwritten by the current event data. [76 FR 47489, Aug. 5, 2011] Sec. 563.10 Crash test performance and survivability. (a) Each vehicle subject to the requirements of S5, S14.5, S15, or S17 of 49 CFR 571.208, Occupant crash protection, must comply with the requirements in subpart (c) of this section when tested according to S8, S16, and S18 of 49 CFR 571.208. (b) Each vehicle subject to the requirements of 49 CFR 571.214, Side impact protection, that meets a trigger threshold or has a frontal air bag deployment, must comply with the requirements of subpart (c) of this section when tested according to the conditions specified in 49 CFR 571.214 for a moving deformable barrier test. (c) The data elements required by Sec. 563.7, except for the ``Engine throttle, percent full,'' ``engine RPM,'' and ``service brake, on/off,'' must be recorded in the format specified by Sec. 563.8, exist at the completion of the crash test, and be retrievable by the methodology specified by the vehicle manufacturer under Sec. 563.12 for not less than 10 days after the test, and the complete data recorded element must read ``yes'' after the test. Sec. 563.11 Information in owner's manual. (a) The owner's manual in each vehicle covered under this regulation must provide the following statement in English: This vehicle is equipped with an event data recorder (EDR). The main purpose of an EDR is to record, in certain crash or near crash-like situations, such as an air bag deployment or hitting a road obstacle, data that will assist in understanding how a vehicle's systems performed. The EDR is designed to record data related to vehicle dynamics and safety systems for a short period of time, typically 30 seconds or less. The EDR in this vehicle is designed to record such data as: How various systems in your vehicle were operating; Whether or not the driver and passenger safety belts were buckled/fastened; How far (if at all) the driver was depressing the accelerator and/or brake pedal; and, How fast the vehicle was traveling. These data can help provide a better understanding of the circumstances in which crashes and injuries occur. NOTE: EDR data are recorded by your vehicle only if a non-trivial crash situation occurs; no data are recorded by the EDR under normal driving conditions and no personal data (e.g., name, gender, age, and crash location) are recorded. However, other parties, such as law enforcement, could combine the EDR data with the type of personally identifying data routinely acquired during a crash investigation. To read data recorded by an EDR, special equipment is required, and access to the vehicle or the EDR is needed. In addition to the vehicle manufacturer, other parties, such as law enforcement, that have the special equipment, can read the information if they have access to the vehicle or the EDR. (b) The owner's manual may include additional information about the form, function, and capabilities of the EDR, in supplement to the required statement in Sec. 563.11(a). Sec. 563.12 Data retrieval tools. Each manufacturer of a motor vehicle equipped with an EDR shall ensure [[Page 258]] by licensing agreement or other means that a tool(s) is commercially available that is capable of accessing and retrieving the data stored in the EDR that are required by this part. The tool(s) shall be commercially available not later than 90 days after the first sale of the motor vehicle for purposes other than resale. PART 564_REPLACEABLE LIGHT SOURCE AND SEALED BEAM HEADLAMP INFORMATION-- Table of Contents Sec. 564.1 Scope. 564.2 Purposes. 564.3 Applicability. 564.4 Definitions. 564.5 Information filing; agency processing of filings. Appendix A to Part 564--Information to be Submitted for Replaceable Light Sources Appendix B to Part 564--Information to be Submitted for Long Life Replaceable Light Sources of Limited Definition Appendix C to Part 564--Information Applicable to Standardized Sealed Beam Headlamp Units Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166; delegation of authority at 49 CFR 1.50. Source: 72 FR 68266, Dec. 4, 2007, unless otherwise noted. Sec. 564.1 Scope. This part requires the submission of dimensional, electrical specification, and marking/designation information as specified in Appendices A and B of this part, for original equipment replaceable light sources used in motor vehicle headlighting systems. This part also serves as a repository for design information as specified in appendix C of this part, for original equipment and replacement standardized sealed beam units used in motor vehicle headlighting systems. Sec. 564.2 Purposes. The purposes of this part are achieved through its Appendices: (a) The purposes of appendix A of this part are to ensure: (1) The availability to replacement light source manufacturers of the manufacturing specifications of original equipment light sources so that replacement light sources are interchangeable with original equipment light sources and provide equivalent performance, and (2) That redesigned or newly developed light sources are designated as distinct, different, and noninterchangeable with previously existing light sources. (b) The purposes of appendix B of this part are to ensure: (1) That original equipment light sources are replaceable and that replacement light sources provide equivalent performance, and (2) That redesigned or newly developed light sources are designated as distinct, different, and noninterchangeable with previously existing light sources. (c) The purpose of appendix C of this part is to ensure the availability to original equipment and replacement sealed beam headlamp manufacturers of the manufacturing specifications of standardized sealed beam headlamp units used on motor vehicles so that all sealed beam headlamp units of a specific type are interchangeable with all other units of that same type and provide equivalent performance. Sec. 564.3 Applicability. This part applies to replaceable light sources used as original equipment, and standardized sealed beam headlamp units used as original equipment and replacement equipment in motor vehicle headlighting systems. Sec. 564.4 Definitions. All terms defined in the Act and the regulations and standards issued under its authority are used as defined therein. Sec. 564.5 Information filing; agency processing of filings. (a) Each manufacturer of a motor vehicle, original equipment headlamp, or original equipment headlamp replaceable light source, which intends to manufacture a replaceable light source as original equipment or to incorporate a replaceable light source in its headlamps or motor vehicles, shall furnish the information specified in appendix A. If the rated laboratory life of the light source is not less than 2,000 hours, the manufacturer shall furnish [[Page 259]] the information specified in either appendix A or appendix B of this part. Information shall be furnished to: Associate Administrator for Rulemaking, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., West Building, Washington, DC 20590 Attention: Part 564-Replaceable Light Source Information (unless the Agency has already filed such information in Docket No. NHTSA 98-3397). (b) The manufacturer shall submit such information not later than 60 days before it intends to begin manufacture of the replaceable light source to which the information applies, or to incorporate the light source into a headlamp, or to incorporate the light source into a motor vehicle of its manufacture. Each submission shall consist of one original set of information and ten legible reproduced copies, all on 8\1/2\ by 11-inch paper. (c) The Associate Administrator promptly reviews each submission and informs the manufacturer not later than 30 days after its receipt whether the submission has been accepted. Upon acceptance, the Associate Administrator files the information in Docket No. NHTSA 98-3397. The Associate Administrator does not accept any submission that does not contain all the information specified in appendix A or appendix B of this part, or whose accompanying information indicates that any new light source which is the subject of a submission is interchangeable with any replaceable light source for which the agency has previously filed information in Docket No. NHTSA 98-3397. (d) A manufacturer may request modification of a light source for which information has previously been filed in Docket No. NHTSA 98-3397, and the submission shall be processed in the manner provided by Sec. 564.5(c). A request for modification shall contain the following: (1) All the information specified in appendix A or appendix B of this part that is relevant to the modification requested, (2) The reason for the requested modification, (3) A statement that the use of the light source as modified will not create a noncompliance with any requirement of Federal Motor Vehicle Safety Standard No. 108 (49 CFR 571.108) when used to replace an unmodified light source in a headlamp certified by its manufacturer as conforming to all applicable Federal motor vehicle safety standards, together with reasons in support of the statement; and (4) Information demonstrating that the modification would not adversely affect interchangeability with the original light source. After review of the request for modification, the Associate Administrator may seek further information either from the manufacturer or through a notice published in the Federal Register requesting comment on whether a modified light source incorporating the changes requested will create a noncompliance with Federal Motor Vehicle Safety Standard No. 108 when substituted for an unmodified light source. If the Associate Administrator seeks public comment on a submission (s)he shall publish a notice stating whether (s)he has accepted or rejected the submission. If a submission is accepted, the Associate Administrator files the information in Docket No. NHTSA 98-3397. If a submission is rejected, a manufacturer may submit information with respect to it, as provides in paragraph 564.5(a), for consideration as a new light source after such changes as will insure that it is not interchangeable with the light source for which modification was originally requested. (e) Information submitted under this section is made available by NHTSA for public inspection as soon as practicable after its receipt, but not later than the date on which a vehicle equipped with a new or revised replaceable light source is offered for sale. Sec. Appendix A to Part 564--Information to be Submitted for Replaceable Light Sources I. Filament or Discharge Arc Position Dimensions and Tolerances Using Either Direct Filament or Discharge Arc Dimensions or the Three Dimensional Filament or Discharge Arc Tolerance Box A. Lower beam filament dimensions or filament tolerance box dimensions and relation of these to the bulb base reference plane and centerline. [[Page 260]] 1. Axial location of the filament centerline or the filament tolerance box relative to the bulb base reference plane. 2. Vertical location of the filament centerline or the filament tolerance box relative to the bulb base centerline. 3. Transverse location of the filament centerline or the filament tolerance box relative to the bulb base centerline. 4. Filament tolerance box dimensions, if used. B. Upper beam filament dimensions or the filament tolerance box dimensions, and relation of these to the bulb base reference plane and centerline. 1. Axial location of the filament centerline or the filament tolerance box relative to the bulb base reference plane. 2. Vertical location of the filament centerline or the filament tolerance box relative to the bulb base centerline. 3. Transverse location of the filament centerline or the filament tolerance box relative to the bulb base centerline. 4. Filament tolerance box dimensions, if used. C. If the replaceable light source has both a lower beam and an upper beam filament, the dimensional relationship between the two filament centerlines or the filament tolerance boxes may be provided instead of referencing the upper beam filament centerline or filament tolerance box to the bulb base centerline or reference plane. D. For a light source using excited gas mixtures as a filament, necessary fiducial information and specifications including electrode position dimensions and tolerance information that provide similar location and characteristics information required by paragraphs A, B, and C of this section I for light sources using a resistive type filament. II. Dimensions Pertaining to Filament Capsule and Capsule Supports A. Maximum length from bulb base reference plane to tip of filament capsule. B. Maximum radial distances from bulb base centerline to periphery of filament capsule and/or supports. C. Location of black cap relative to low beam filament centerline, filament tolerance box or other to-be-specified reference. D. Size, length, shape, or other pertinent features and dimensions for providing undistorted walls for the filament capsule. III. Bulb Base Interchangeability Dimensions and Tolerance A. Angular locations, diameters, key/keyway sizes, and any other interchangeability dimensions for indexing the bulb base in the bulb holder. B. Diameter, width, depth, and surface finish of seal groove, surface, or other pertinent sealing features. C. Diameter of the bulb base at the interface of the base and its perpendicular reference surface. D. Dimensions of features related to retention of the bulb base in the bulb holder such as tabs, keys, keyways, surfaces, etc. IV. Bulb Holder Interchangeability Dimensions and Tolerance A. Mating angular locations, diameters, key/keyway sizes, and any other interchangeability dimensions for indexing the bulb base in the bulb holder. B. Mating diameter, width, depth, and surface finish of seal groove, surface, or other pertinent sealing features. C. Mating diameter of the bulb holder at the interface of the bulb base aperture and its perpendicular reference surface. D. Mating dimensions of features related to retention of the bulb base in the bulb holder such as tabs, keys, keyways, surfaces, etc. V. Wiring Harness Connector to Bulb Base Interchangeability Dimensions and Tolerances A. Maximum depth of harness connector insertion into bulb base. B. Location of electrical pins in bulb base. C. Dimensions of electrical pins in bulb base--length, diameter, width, thickness and etc. D. Fit of harness connector into bulb base providing all necessary dimensions, key/keyway controls, and dimensions, tapers etc. E. Dimensions and location of locking features for wiring harness connector to bulb base. F. Identification of upper beam, lower beam, and common terminals. VI. Seal Specifications (if Replaceable Light Source is Intended to be of a Sealed Base Design) A. Type. B. Material. C. Dimensions. VII. Electrical Specifications for Each Filament at 12.8 Volts A. Maximum power (in watts). B. Luminous Flux with tolerance (in lumens) with black cap if so equipped, measured in accordance with the document: Illuminating Engineering Society of North America, LM-45; IES Approved Method for Electrical and Photometric Measurements of General Service Incandescent Filament Lamps (April 1980). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the Illuminating Engineering Society of North America, 345 East 47th St., New York, NY 10017. Copies may be inspected at the National Highway Traffic [[Page 261]] Safety Administration, Technical Information Services, 1200 New Jersey Avenue, Washington, DC 20590, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/ federal_register/code_of_federal_regulations/ibr_locations.html. VIII. Bulb Markings/Designation--ANSI NUMBER, ECE IDENTIFIER, MANUFACTURER'S PART NUMBER, INDIVIDUALLY OR IN ANY COMBINATION IX. All Other Information, Dimensions or Performance Specifications Necessary for Interchangeability, Replaceability, or System Test Purposes not Listed in Sections I Through VIII IF A BALLAST IS REQUIRED FOR OPERATION, A COMPLETE LISTING OF THE REQUIREMENTS AND PARAMETERS BETWEEN THE LIGHT SOURCE AND BALLAST, AND BALLAST AND THE VEHICLE SHALL ALSO BE PROVIDED. Sec. Appendix B to Part 564--Information to be Submitted for Long Life Replaceable Light Sources of Limited Definition I. Filament or Discharge Arc Position Dimensions and Tolerances Using Either Direct Filament or Discharge Arc Dimensions or the Three Dimensional Filament Discharge Arc Tolerance Box A. Lower beam filament or discharge arc dimensions or filament or discharge arc tolerance box dimensions and relation of these to the bulb base reference plane and centerline. 1. Axial location of the filament or discharge arc centerline or the filament or discharge arc tolerance box relative to the bulb base reference plane. 2. Vertical location of the filament or discharge arc centerline or the filament or discharge arc tolerance box relative to the bulb base centerline. 3. Transverse location of the filament or discharge arc centerline or the filament or discharge arc tolerance box relative to the bulb base centerline. 4. Filament or discharge arc tolerance box dimensions, if used. B. Upper beam filament or discharge arc dimensions or the filament or discharge arc tolerance box dimensions and relation of these to the bulb base reference plane and centerline. 1. Axial location of the filament or discharge arc centerline or the filament or discharge arc tolerance box relative to the bulb base reference plane. 2. Vertical location of the filament or discharge arc centerline or the filament or discharge arc tolerance box relative to the bulb base centerline. 3. Transverse location of the filament or discharge arc centerline or the filament or discharge arc tolerance box relative to the bulb base centerline. 4. Filament or discharge arc tolerance box dimensions, if used. C. If the replaceable light source has both a lower beam and upper beam filament or discharge arc, the dimensional relationship between the two filament or discharge arc centerlines or the filament or discharge arc tolerance boxes may be provided instead of referencing the upper beam filament or discharge arc centerline or filament or discharge arc tolerance box to the bulb base centerline or reference plane. D. For a light source using excited gas mixtures as a filament, necessary fiducial information and specifications including electrode position dimensions, and tolerance information that provide similar location and characteristics information required by paragraphs A, B, and C of this section I for light sources using a resistive type filament. II. Bulb Base Interchangeability Dimensions and Tolerance A. Angular locations, diameters, key/keyway sizes, and any other interchangeability dimensions for indexing the bulb base in the bulb holder. B. Diameter, width, depth, and surface finish of seal groove, surface, or other pertinent sealing features. C. Diameter of the bulb base at the interface of the base and its perpendicular reference surface. D. Dimensions of features related to retention of the bulb base in the bulb holder such as tabs, keys, keyways, surface, etc. III. Bulb Holder Interchangeability Dimensions and Tolerances A. Mating angular locations, diameters, key/keyway sizes, any other interchangeability dimensions for indexing the bulb base in the bulb holder. B. Mating diameter, width, depth, and surface, or other pertinent sealing features. C. Mating diameter of the bulb holder at the interface of the bulb base aperture and its perpendicular reference surface. D. Mating dimensions of features related to retention of the bulb base in the bulb holder such as tabs, keys, keyways, surface, or any other characteristics necessary for mating dimensions. IV. Electrical Specifications for Each Light Source That Operates With a Ballast and Rated Life of the Light Source/Ballast Combination A. Maximum power (in watts). B. Luminous Flux (in lumens). [[Page 262]] C. Rated laboratory life of the light source/ballast combination (not less than 2,000 hours). V. Applicable to Light Sources That Operate With a Source Voltage Other Than 12.8 Volts Direct Current, and When a Proprietary Ballast Must Be Used With the Light Source A. Manufacturer's part number for the ballast. B. Any other characteristics necessary for system operation. VI. Bulb Markings/Designation--ANSI NUMBER, ECE IDENTIFIER, MANUFACTURER'S PART NUMBER, INDIVIDUAL OR IN ANY COMBINATION VII. All Other Identification, Dimensions or Performance Specifications Necessary for Replaceability or Systems Test Not Listed in Sections I Through VI Sec. Appendix C to Part 564--Information Applicable to Standardized Sealed Beam Headlamp Units I. Dimensional Information Specific to a Type of Standardized Sealed Beam Unit. A. Dimensions marked ``I'', indicating interchangeability, for which conformance is mandatory. B. All other dimensions which are for design purposes. II. Dimensional Information Applicable to the Use of Nonadjustable Headlamp Aiming Device Locating Plates III. Dimensional Information Applicable to Mounting Features, Including Mounting Rings and Lamp Bodies, Specific to a Type of Standardized Sealed Beam Unit A. Dimensions marked ``I'', indicating interchangeability, for which conformance is mandatory. B. All other dimensions which are for design purposes. Incorporated Figures [References from 49 CFR 571.108, Oct. 1, 2006] LF Headlamp Dimensional Information [Figure 11] UF Headlamp Dimensional Information [Figure 12] LF/UF Mounting Features [Figure 13] LF/UF Mounting Ring [Figure 14] Type G & H Headlamp Dimensional Information [Figure 18] Type G & H Headlamp Mounting Information [Figure 21] Type 1A1 Headlamp Dimensional Information [SAE J1383 APR85, Figure 11] Type 2A1 Headlamp Dimensional Information [SAE J1383 APR85, Figure 10] Type 2B1 Headlamp Dimensional Information [SAE J1383 APR85, Figure 13] Type 1C1 Headlamp Dimensional Information [SAE J1383 APR85, Figure 7] Type 2C1 Headlamp Dimensional Information [SAE J1383 APR85, Figure 8] Type 2D1 Headlamp Dimensional Information [SAE J1383 APR85, Figure 5] Type 2E1 Headlamp Dimensional Information [SAE J1383 APR85, Figure 15] Types 1A1, 2A1, and 2E1 Headlamp Mounting Ring/Lamp Body Dimensional Information [SAE J1383 APR85, Figure 12] Type 2B1 Headlamp Mounting Ring/Lamp Body Dimensional Information [SAE J1383 APR85, Figure 14] Types 1C1and 2C1 Headlamp Mounting Ring/Lamp Body Dimensional Information [SAE J1383 APR85, Figure 9] Type 2D1 Headlamp Mounting Ring/Lamp Body Dimensional Information [SAE J1383 APR85, Figure 6] PART 565_VEHICLE IDENTIFICATION NUMBER (VIN) REQUIREMENTS--Table of Contents Subpart A_General Applicability of Subparts Sec. 565.1 Purpose and scope. 565.2 Application. Subpart B_VIN Requirements 565.10 Purpose and scope. 565.11 Applicability. 565.12 Definitions. 565.13 General requirements. 565.14 Motor vehicles imported into the United States. 565.15 Content requirements. 565.16 Reporting requirements. Subpart C_Alternative VIN Requirements In Effect for Limited Period 565.20 Purpose and scope. 565.21 Applicability. 565.22 Definitions. 565.23 General requirements. 565.24 Motor vehicles imported into the United States. 565.25 Content requirements. 565.26 Reporting requirements. Authority: 49 U.S.C. 322, 30111, 30114, 30115, 30117, 30141, 30146, 30166, and 30168; delegation of authority at 49 CFR 1.95. Source: 73 FR 23379, Apr. 30, 2008, unless otherwise noted. [[Page 263]] Subpart A_General Applicability of Subparts Sec. 565.1 Purpose and scope. This part specifies the format, content and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns. Sec. 565.2 Application. (a)(1) Except as provided in paragraph (a)(2) of this section, subpart B of this part 565 applies to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, low speed vehicles, and motorcycles manufactured on or after October 27, 2008 whose VINs have a letter ``A'' or ``B'' in the 10th position, and to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, low speed vehicles, and motorcycles manufactured on or after April 30, 2009. Vehicles imported into the United States under 49 CFR 591.5(f), other than by the corporation responsible for the assembly of that vehicle or a subsidiary of such a corporation, are excluded from requirements of Sec. Sec. 565.13(b), 565.13(c), 565.13(g), 565.13(h), 565.14 and 565.15. (2) All motor vehicles identified as model year 2009 or earlier vehicles by their manufacturer must comply with subpart C of this part 565. (b) Subpart B of this part 565 applies to vehicles manufactured on or after April 30, 2008 and before April 30, 2009, whose vehicle identification number (VIN) does not have a letter ``A'' or ``B'' in the 10th position of the VIN and that are not identified as model year 2009 or earlier vehicles by their manufacturer. [73 FR 28370, May 16, 2008] Subpart B_VIN Requirements Sec. 565.10 Purpose and scope. This part specifies the format, content and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns. Sec. 565.11 Applicability. See subpart A of this part 565 regarding the general applicability of this subpart. This part applies to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, low speed vehicles, and motorcycles manufactured on or after October 27, 2008 whose VINs have a letter ``A'' or ``B'' in the 10th position, and to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, low speed vehicles, and motorcycles manufactured on or after April 30 2009 that are not identified by their manufacturer as model year 2009 or earlier vehicles. Vehicles imported into the United States under 49 CFR 591.5(f), other than by the corporation responsible for the assembly of that vehicle or a subsidiary of such a corporation, are excluded from requirements of Sec. Sec. 565.13(b), 565.13(c), 565.13(g), 565.13(h), 565.14 and Sec. 565.15. [73 FR 23379, Apr. 30, 2008, as amended at 73 FR 28371, May 16, 2008] Sec. 565.12 Definitions. (a) Federal Motor Vehicle Safety Standards Definitions. Unless otherwise indicated, all terms used in this part that are defined in 49 CFR 571.3 are used as defined in 49 CFR 571.3. (b) Other definitions. As used in this part-- Body type means the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargo carrying features and the roofline (e.g., sedan, fastback, hatchback). Check digit means a single number or the letter X used to verify the accuracy of the transcription of the vehicle identification number. Engine type means a power source with defined characteristics such as fuel utilized, number of cylinders, displacement, and net brake horsepower. The specific manufacturer and make shall be represented if the engine powers a passenger car or a multipurpose passenger vehicle, or truck with a [[Page 264]] gross vehicle weight rating of 4,536 kg (10,000 lb) or less. High-volume manufacturer, for purposes of this part, means a manufacturer of 1,000 or more vehicles of a given type each year. Incomplete vehicle means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors, or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle. Line means a name that a manufacturer applies to a family of vehicles within a make which have a degree of commonality in construction, such as body, chassis or cab type. Low-volume manufacturer, for purposes of this part, means a manufacturer of fewer than 1,000 vehicles of a given type each year. Make means a name that a manufacturer applies to a group of vehicles or engines. Manufacturer means a person-- (1) Manufacturing or assembling motor vehicles or motor vehicle equipment; or (2) Importing motor vehicles or motor vehicle equipment for resale. Manufacturer identifier means the first three digits of a VIN of a vehicle manufactured by a high-volume manufacturer, and the first three digits of a VIN and the twelfth through fourteenth digits of a VIN of a vehicle manufactured by a low-volume manufacturer. Model means a name that a manufacturer applies to a family of vehicles of the same type, make, line, series and body type. Model year means the year used to designate a discrete vehicle model, irrespective of the calendar year in which the vehicle was actually produced, provided that the production period does not exceed 24 months. Original model year of a replicated vehicle means the stated model year of a vehicle that has been replicated pursuant to 49 CFR part 586. Plant of manufacture means the plant where the manufacturer affixes the VIN. Replica motor vehicle means a motor vehicle meeting the definition of replica motor vehicle in 49 CFR part 586. Replica model year means the calendar year in which a replica motor vehicle was manufactured. Series means a name that a manufacturer applies to a subdivision of a ``line'' denoting price, size or weight identification and that is used by the manufacturer for marketing purposes. Trailer kit means a trailer that is fabricated and delivered in complete but unassembled form and that is designed to be assembled without special machinery or tools. Type means a class of vehicle distinguished by common traits, including design and purpose. Passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, incomplete vehicles, low speed vehicles, and motorcycles are separate types. VIN means a series of Arabic numbers and Roman letters that is assigned to a motor vehicle for identification purposes. [87 FR 13231, Mar. 9, 2022] Sec. 565.13 General requirements. (a) Each vehicle manufactured in one stage shall have a VIN that is assigned by the manufacturer. Each vehicle manufactured in more than one stage shall have a VIN assigned by the incomplete vehicle manufacturer. Vehicle alterers, as specified in 49 CFR 567.7, shall utilize the VIN assigned by the original manufacturer of the vehicle. (b) Each VIN shall consist of seventeen (17) characters. (c) A check digit shall be part of each VIN. The check digit shall appear in position nine (9) of the VIN, on the vehicle and on any transfer documents containing the VIN prepared by the manufacturer to be given to the first owner for purposes other than resale. (d) The VINs of any two vehicles subject to the Federal motor vehicle safety standards and manufactured within a 60-year period beginning with the 1980 model year shall not be identical. (e) The VIN of each vehicle shall appear clearly and indelibly upon either a [[Page 265]] part of the vehicle, other than the glazing, that is not designed to be removed except for repair or upon a separate plate or label that is permanently affixed to such a part. (f) The VIN for passenger cars, multipurpose passenger vehicles, low speed vehicles, and trucks of 4536 kg or less GVWR shall be located inside the passenger compartment. It shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eye-point is located outside the vehicle adjacent to the left windshield pillar. Each character in the VIN subject to this paragraph shall have a minimum height of 4 mm. (g) Each character in each VIN shall be one of the letters in the set: [ABCDEFGHJKLMNPRSTUVWXYZ] or a numeral in the set: [0123456789] assigned according to the method given in Sec. 565.15. (h) All spaces provided for in the VIN must be occupied by a character specified in paragraph (g) of this section. (i) The type face utilized for each VIN shall consist of capital, sanserif characters. [73 FR 23379, Apr. 30, 2008, as amended at 74 FR 67977, Dec. 22, 2009] Sec. 565.14 Motor vehicles imported into the United States. (a) Importers shall utilize the VIN assigned by the original manufacturer of the motor vehicle. (b) All passenger cars, multipurpose passenger vehicles, low speed vehicles and trucks of 4536 kg or less GVWR certified by a Registered Importer under 49 CFR part 592 whose VINs do not comply with part 565.13 and 565.14 shall have a plate or label that contains the following statement, in characters that have a minimum height of 4 mm and the identification number assigned by the vehicle's original manufacturer inserted in the blank: SUBSTITUTE FOR U.S. VIN: __________ SEE 49 CFR PART 565. The plate or label shall conform to Sec. 565.13 (h) and (i). The plate or label shall be permanently affixed inside the passenger compartment. The plate or label shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight conditions by an observer having 20/20 vision (Snellen) whose eye-point is located outside the vehicle adjacent to the left windshield pillar. It shall be located in such a manner as not to cover, obscure, or overlay any part of any identification number affixed by the original manufacturer. Motor vehicles conforming to Canada Motor Vehicle Safety Standard 115 are exempt from this paragraph. Sec. 565.15 Content requirements. (a) The first section shall consist of three characters that occupy positions one through three (1-3) in the VIN. This section shall uniquely identify the manufacturer and type of the motor vehicle if the manufacturer is a high-volume manufacturer. If the manufacturer is a low-volume manufacturer, positions one through three (1-3) along with positions twelve through fourteen (12-14) in the VIN shall uniquely identify the manufacturer and type of the motor vehicle. These characters are assigned in accordance with Sec. 565.16(a). A ``9'' shall be placed in the third position of the VIN if the manufacturer identifier is six characters. A ``9'' in the third position always indicates the presence of a six-character manufacturer identifier. The National Highway Traffic Safety Administration offers access to manufacturer identifier assignments via its search engine at the following Internet Web site: http://www.nhtsa.dot.gov/cars/rules/ manufacture. (b) The second section shall consist of five characters, which occupy positions four through eight (4-8) in the VIN. This section shall uniquely identify the attributes of the vehicle as specified in Table I. For passenger cars, and for multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 4536 kg (10,000 lb) or less, the fourth character (position 7) of this section shall be alphabetic. The characters utilized and their placement within the section may be determined by the manufacturer, but the specified attributes must be decipherable with information supplied by the manufacturer in accordance with Sec. 565.16(c). In submitting the required information to NHTSA relating gross vehicle weight rating, the designations in Table II [[Page 266]] shall be used. The use of these designations within the VIN itself is not required. Tables I and II follow: Table I--Type of Vehicle and Information Decipherable ------------------------------------------------------------------------ ------------------------------------------------------------------------- Passenger car: Make, line, series, body type, engine type, and all restraint devices and their location. Multipurpose passenger vehicle: Make, line, series, body type, engine type, gross vehicle weight rating, and for multipurpose passenger vehicles with a gross vehicle weight rating (GVWR) of 4536kg (10,000 lb) or less all restraint devices and their location. Truck: Make, model or line, series, chassis, cab type, engine type, brake system, gross vehicle weight rating, and for trucks with a gross vehicle weight rating (GVWR) of 4536 kg (10,000 lb) or less all restraint devices and their location. Bus: Make, model or line, series, body type, engine type, and brake system. Trailer, including trailer kits and incomplete trailer: Make, type of trailer, body type, length and axle configuration. Motorcycle: Make, type of motorcycle, line, engine type, and net brake horsepower. Incomplete vehicle other than a trailer: Make, model or line, series, cab type, engine type, and brake system. Low speed vehicle: Make, engine type, brake system, restraint system type, body type, and gross vehicle weight rating. Replica motor vehicle: The make, model, and model year of the original replicated vehicle; and the information listed in this table for the vehicle's type classification (e.g., if the replica meets the definition for passenger car in 49 CFR 571.3, the following information is required: make, line, series, body type, engine type, and all restraint devices and their locations). Note to Table I: Engine net brake horsepower when encoded in the VIN shall differ by no more than 10 percent from the actual net brake horsepower; shall in the case of motorcycle with an actual net brake horsepower of 2 or less, be not more than 2; and shall be greater than 2 in the case of a motorcycle with an actual brake horsepower greater than 2. ------------------------------------------------------------------------ Table II--Gross Vehicle Weight Rating Classes ------------------------------------------------------------------------ ------------------------------------------------------------------------- Class A--Not greater than 1360 kg. (3,000 lbs.) Class B--Greater than 1360 kg. to 1814 kg. (3,001-4,000 lbs.) Class C--Greater than 1814 kg. to 2268 kg. (4,001-5,000 lbs.) Class D--Greater than 2268 kg. to 2722 kg. (5,001-6,000 lbs.) Class E--Greater than 2722 kg. to 3175 kg. (6,001-7,000 lbs.) Class F--Greater than 3175 kg. to 3629 kg. (7,001-8,000 lbs.) Class G--Greater than 3629 kg. to 4082 kg. (8,001-9,000 lbs.) Class H--Greater than 4082 kg. to 4536 kg. (9,001-10,000 lbs.) Class 3--Greater than 4536 kg. to 6350 kg. (10,001-14,000 lbs.) Class 4--Greater than 6350 kg. to 7257 kg. (14,001-16,000 lbs.) Class 5--Greater than 7257 kg. to 8845 kg. (16,001-19,500 lbs.) Class 6--Greater than 8845 kg. to 11793 kg. (19,501-26,000 lbs.) Class 7--Greater than 11793 kg. to 14968 kg.(26,001-33,000 lbs.) Class 8--Greater than 14968 kg. (33,001 lbs. and over) ------------------------------------------------------------------------ (c) The third section shall consist of one character, which occupies position nine (9) in the VIN. This section shall be the check digit whose purpose is to provide a means for verifying the accuracy of any VIN transcription. After all other characters in VIN have been determined by the manufacturer, the check digit shall be calculated by carrying out the mathematical computation specified in paragraphs (c) (1) through (4) of this section. (1) Assign to each number in the VIN its actual mathematical value and assign to each letter the value specified for it in Table III, as follows: Table III--Assigned Values ------------------------------------------------------------------------ ------------------------------------------------------------------------- A = 1 B = 2 C = 3 D = 4 E = 5 F = 6 G = 7 H = 8 J = 1 K = 2 L = 3 M = 4 N = 5 P = 7 R = 9 S = 2 T = 3 U = 4 V = 5 W = 6 X = 7 Y = 8 Z = 9 ------------------------------------------------------------------------ [[Page 267]] (2) Multiply the assigned value for each character in the VIN by the position weight factor specified in Table IV, as follows: Table IV--VIN Position and Weight Factor ------------------------------------------------------------------------ ------------------------------------------------------------------------ 1st.................................................... 8 2d..................................................... 7 3d..................................................... 6 4th.................................................... 5 5th.................................................... 4 6th.................................................... 3 7th.................................................... 2 8th.................................................... 10 9th.................................................... (check digit) 10th................................................... 9 11th................................................... 8 12th................................................... 7 13th................................................... 6 14th................................................... 5 15th................................................... 4 16th................................................... 3 17th................................................... 2 ------------------------------------------------------------------------ (3) Add the resulting products and divide the total by 11. (4) The check digit is based on either the Fractional Remainder or the Decimal Equivalent Remainder as reflected in Table V. All Decimal Equivalent Remainders in Table V are rounded to the nearest thousandth. The check digit, zero through nine (0-9) or the letter ``X'' shall appear in VIN position nine (9). Table V--Ninth Position Check Digit Values [Rounded to the nearest thousandth] ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Fractional Remainder........ 0 1/11 2/11 3/11 4/11 5/11 6/11 7/11 8/11 9/11 10/11 Decimal Equivalent Remainder 0 0.091 0.182 0.273 0.364 0.455 0.545 0.634 0.727 0.818 0.909 Check Digit................. 0 1 2 3 4 5 6 7 8 9 X ---------------------------------------------------------------------------------------------------------------- (5) A sample check digit calculation is shown in Table VI as follows: Table VI--Calculation of a Check Digit -------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------- Vin Position....................................................... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Sample VIN......................................................... 1 G 4 A H 5 9 H ... 5 G 1 1 8 3 4 1 Assigned Value..................................................... 1 7 4 1 8 5 9 8 ... 5 7 1 1 8 3 4 1 Weight Factor...................................................... 8 7 6 5 4 3 2 10 0 9 8 7 6 5 4 3 2 Multiply Assigned value times weight factor........................ 8 49 24 5 32 15 18 80 0 45 56 7 6 40 12 12 2 -------------------------------------------------------------------------------------------------------------------------------------------------------- Add products: 8 + 49 + 24 + 5 + 32 + 15 + 18 + 80 + 0 + 45 + 56 + 7 + 6 + 40 + 12 + 12 + 2 = 411. Divide by 11: 411/11 = 37 4/11 or 37.3636. If the fourth digit is 5 or greater, round up. If the fourth digit is 4 or smaller, round down. In the example above, the remainder is 4/11 or 0.364 when rounded up. Looking up the remainder in Table V--Ninth Position Check Digit Values indicates that ``4'' is the check digit to be inserted in position nine (9) of the VIN for this sample digit calculation. (d) The fourth section shall consist of eight characters, which occupy positions ten through seventeen (10-17) of the VIN. The last five (5) characters of this section shall be numeric for passenger cars and for multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 4536 kg. (10,000 lbs.) or less, and the last four (4) characters shall be numeric for all other vehicles. (1) The first character of the fourth section shall represent the vehicle model year. The year shall be designated as indicated in Table VII as follows: Table VII--Year Codes for VIN ------------------------------------------------------------------------ Year Code ------------------------------------------------------------------------ 2005............................................................. 5 2006............................................................. 6 2007............................................................. 7 2008............................................................. 8 2009............................................................. 9 2010............................................................. A 2011............................................................. B 2012............................................................. C 2013............................................................. D 2014............................................................. E 2015............................................................. F 2016............................................................. G 2017............................................................. H 2018............................................................. J 2019............................................................. K 2020............................................................. L 2021............................................................. M 2022............................................................. N 2023............................................................. P [[Page 268]] 2024............................................................. R 2025............................................................. S 2026............................................................. T 2027............................................................. V 2028............................................................. W 2029............................................................. X 2030............................................................. Y 2031............................................................. 1 2032............................................................. 2 2033............................................................. 3 2034............................................................. 4 2035............................................................. 5 2036............................................................. 6 2037............................................................. 7 2038............................................................. 8 2039............................................................. 9 ------------------------------------------------------------------------ Note to Table VII: For passenger cars, and for multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 4536 kg (10,000 lb) or less, if position 7 is numeric, the Model Year in position 10 of the VIN refers to a year in the range 1980-2009. If position 7 is alphabetic, the Model Year in Position 10 of the VIN refers to a year in the range 2010-2039. (2) The second character of the fourth section shall represent the plant of manufacture. (3) The third through the eighth characters of the fourth section (positions 12 through 17) shall represent the number sequentially assigned by the manufacturer in the production process if the manufacturer is a high-volume manufacturer. If a manufacturer is a low- volume manufacturer, the third, fourth, and fifth characters of the fourth section (positions 12, 13, and 14), combined with the three characters of the first section (positions 1, 2, and 3), shall uniquely identify the manufacturer and type of the motor vehicle and the sixth, seventh, and eighth characters of the fourth section (positions 15, 16, and 17) shall represent the number sequentially assigned by the manufacturer in the production process. [73 FR 23379, Apr. 30, 2008, as amended at 87 FR 13232, Mar. 9, 2022] Sec. 565.16 Reporting requirements. The information collection requirements contained in this part have been approved by the Office of Management and Budget under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq) and have been assigned OMB Control Number 2127-0510. (a) The National Highway Traffic Safety Administration (NHTSA) has contracted with the SAE International to coordinate the assignment of manufacturer identifiers to manufacturers in the United States. Manufacturer identifiers will be supplied by SAE at no charge. All requests for assignments of manufacturer identifiers should be forwarded directly to: SAE International, 400 Commonwealth Drive, Warrendale, Pennsylvania, 15096, Attention: WMI Coordinator (telephone: 724-776- 4841). Any requests for identifiers submitted to NHTSA will be forwarded to SAE. Manufacturers may request a specific identifier or may request only assignment of an identifier(s). SAE will review requests for specific identifiers to determine that they do not conflict with an identifier already assigned or block of identifiers already reserved. SAE will confirm the assignments in writing to the requester. Once confirmed by SAE, the identifier need not be resubmitted to NHTSA. (b) Manufacturers of vehicles subject to this part shall submit, either directly or through an agent, the unique identifier for each make and type of vehicle it manufactures at least 60 days before affixing the first VIN using the identifier. Manufacturers whose unique identifier appears in the fourth section of the VIN shall also submit the three characters of the first section that constitutes a part of their identifier. (c) Manufacturers of vehicles subject to the requirements of this part shall submit to NHTSA the information necessary to decipher the characters contained in its VINs. Amendments to this information shall be submitted to the agency for VINs containing an amended coding. The agency will not routinely provide written approvals of these submissions, but will contact the manufacturer should any corrections to these submissions be necessary. (d) The information required under paragraph (c) of this section shall be submitted at least 60 days prior to offering for sale the first vehicle identified by a VIN containing that information, or if information concerning vehicle characteristics sufficient to specify the VIN code is unavailable to the manufacturer by that date, then within one week after that information first becomes available. The information shall be addressed to: Administrator, [[Page 269]] National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590, Attention: VIN Coordinator. Subpart C_Alternative VIN Requirements In Effect for Limited Period Sec. 565.20 Purpose and scope. This part specifies the format, content and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns. Sec. 565.21 Applicability. See subpart A of this part 565 regarding the applicability of this subpart. This part applies to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, and motorcycles. Vehicles imported into the United States under 49 CFR 591.5(f), other than by the corporation responsible for the assembly of that vehicle or a subsidiary of such a corporation, are excluded from requirements of Sec. 565.23(b), Sec. Sec. 565.23(c), 565.23(g), 565.23(h), 565.24 and 565.25. [73 FR 23379, Apr. 30, 2008, as amended at 73 FR 28371, May 16, 2008] Sec. 565.22 Definitions. (a) Federal Motor Vehicle Safety Standards Definitions. Unless otherwise indicated, all terms used in this part that are defined in 49 CFR 571.3 are used as defined in 49 CFR 571.3. (b) Body type means the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargo-carrying features and the roofline (e.g., sedan, fastback, hatchback). (c) Check digit means a single number or the letter X used to verify the accuracy of the transcription of the vehicle identification number. (d) Engine type means a power source with defined characteristics such as fuel utilized, number of cylinders, displacement, and net brake horsepower. The specific manufacturer and make shall be represented if the engine powers a passenger car or a multipurpose passenger vehicle, or truck with a gross vehicle weight rating of 4536 kg. (10,000 lbs.) or less. (e) Incomplete vehicle means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle. (f) Line means a name that a manufacturer applies to a family of vehicles within a make which have a degree of commonality in construction, such as body, chassis or cab type. (g) Make means a name that a manufacturer applies to a group of vehicles or engines. (h) Manufacturer means a person-- (1) Manufacturing or assembling motor vehicles or motor vehicle equipment; or (2) Importing motor vehicles or motor vehicle equipment for resale. (i) Model means a name that a manufacturer applies to a family of vehicles of the same type, make, line, series and body type. (j) Model Year means the year used to designate a discrete vehicle model, irrespective of the calendar year in which the vehicle was actually produced, provided that the production period does not exceed 24 months. (k) Plant of manufacture means the plant where the manufacturer affixes the VIN. (l) Series means a name that a manufacturer applies to a subdivision of a ``line'' denoting price, size or weight identification and that is used by the manufacturer for marketing purposes. (m) Trailer kit means a trailer that is fabricated and delivered in complete but unassembled form and that is designed to be assembled without special machinery or tools. (n) Type means a class of vehicle distinguished by common traits, including design and purpose. Passenger cars, multipurpose passenger vehicles, [[Page 270]] trucks, buses, trailers, incomplete vehicles and motorcycles are separate types. (o) VIN means a series of Arabic numbers and Roman letters that is assigned to a motor vehicle for identification purposes. Sec. 565.23 General requirements. (a) Each vehicle manufactured in one stage shall have a VIN that is assigned by the manufacturer. Each vehicle manufactured in more than one stage shall have a VIN assigned by the incomplete vehicle manufacturer. Vehicle alterers, as specified in 49 CFR 567.7, shall utilize the VIN assigned by the original manufacturer of the vehicle. (b) Each VIN shall consist of seventeen (17) characters. (c) A check digit shall be part of each VIN. The check digit shall appear in position nine (9) of the VIN, on the vehicle and on any transfer documents containing the VIN prepared by the manufacturer to be given to the first owner for purposes other than resale. (d) The VINs of any two vehicles manufactured within a 30-year period shall not be identical. (e) The VIN of each vehicle shall appear clearly and indelibly upon either a part of the vehicle, other than the glazing, that is not designed to be removed except for repair or upon a separate plate or label that is permanently affixed to such a part. (f) The VIN for passenger cars, multipurpose passenger vehicles and trucks of 4536 kg or less GVWR shall be located inside the passenger compartment. It shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eye-point is located outside the vehicle adjacent to the left windshield pillar. Each character in the VIN subject to this paragraph shall have a minimum height of 4 mm. (g) Each character in each VIN shall be one of the letters in the set: [ABCDEFGHJKLMNPRSTUVWXYZ] or a numeral in the set: [0123456789] assigned according to the method given in Sec. 565.25. (h) All spaces provided for in the VIN must be occupied by a character specified in paragraph (g) of this section. (i) The type face utilized for each VIN shall consist of capital, sanserif characters. [73 FR 23379, Apr. 30, 2008, as amended at 74 FR 67977, Dec. 22, 2009] Sec. 565.24 Motor vehicles imported into the United States. (a) Importers shall utilize the VIN assigned by the original manufacturer of the motor vehicle. (b) A passenger car certified by a Registered Importer under 49 CFR part 592 shall have a plate or label that contains the following statement, in characters with a minimum height of 4 mm, with the identification number assigned by the original manufacturer provided in the blank: SUBSTITUTE FOR U.S. VIN:______SEE PART 565. The plate or label shall conform to Sec. 565.23 (h) and (i). The plate or label shall be permanently affixed inside the passenger compartment. The plate or label shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eye-point is located outside the vehicle adjacent to the left windshield pillar. It shall be located in such a manner as not to cover, obscure, or overlay any part of any identification number affixed by the original manufacturer. Passenger cars conforming to Canadian Motor Vehicle Safety Standard 115 are exempt from this paragraph. Sec. 565.25 Content requirements. The VIN shall consist of four sections of characters which shall be grouped accordingly: (a) The first section shall consist of three characters that occupy positions one through three (1-3) in the VIN. This section shall uniquely identify the manufacturer, make and type of the motor vehicle if its manufacturer produces 500 or more motor vehicles of its type annually. If the manufacturer produces less than 500 motor vehicles of its type annually, these characters along with the third, fourth and fifth characters of the fourth section shall uniquely identify the manufacturer, [[Page 271]] make and type of the motor vehicle. These characters are assigned in accordance with Sec. 565.26(a). (b) The second section shall consist of five characters, which occupy positions four through eight (4-8) in the VIN. This section shall uniquely identify the attributes of the vehicle as specified in Table VIII. For passenger cars, and for multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 4536 kg (10,000 lb) or less, the first and second characters shall be alphabetic and the third and fourth characters shall be numeric. The fifth character may be either alphabetic or numeric. The characters utilized and their placement within the section may be determined by the manufacturer, but the specified attributes must be decipherable with information supplied by the manufacturer in accordance with Sec. 565.26(c). In submitting the required information to NHTSA relating to gross vehicle weight rating, the designations in Table IX shall be used. The use of these designations within the VIN itself is not required. Tables VIII and IX follow: Table VIII--Type of Vehicle and Information Decipherable ------------------------------------------------------------------------ ------------------------------------------------------------------------- Passenger car: Line, series, body type, engine type and restraint system type. Multipurpose passenger vehicle: Line, series, body type, engine type, gross vehicle weight rating. Truck: Model or line, series, chassis, cab type, engine type, brake system and gross vehicle weight rating. Bus: Model or line, series, body type, engine type, and brake system. Trailer, including trailer kits and incomplete trailer: Type of trailer, body type, length and axle configuration. Motorcycle: Type of motorcycle, line, engine type, and net brake horsepower. Incomplete Vehicle other than a trailer: Model or line, series, cab type, engine type and brake system. ------------------------------------------------------------------------ Note to Table VIII: Engine net brake horsepower when encoded in the VIN shall differ by no more than 10 percent from the actual net brake horsepower; shall in the case of motorcycle with an actual net brake horsepower of 2 or less, be not more than 2; and shall be greater than 2 in the case of a motorcycle with an actual brake horsepower greater than 2. Table IX--Gross Vehicle Weight Rating Classes ------------------------------------------------------------------------ ------------------------------------------------------------------------- Class A--Not greater than 1360 kg. (3,000 lbs.) Class B--Greater than 1360 kg. to 1814 kg. (3,001-4,000 lbs.) Class C--Greater than 1814 kg. to 2268 kg. (4,001-5,000 lbs.) Class D--Greater than 2268 kg. to 2722 kg. (5,001-6,000 lbs.) Class E--Greater than 2722 kg. to 3175 kg. (6,001-7,000 lbs.) Class F--Greater than 3175 kg. to 3629 kg. (7,001-8,000 lbs.) Class G--Greater than 3629 kg. to 4082 kg. (8,001-9,000 lbs.) Class H--Greater than 4082 kg. to 4536 kg. (9,001-10,000 lbs.) Class 3--Greater than 4536 kg. to 6350 kg. (10,001-14,000 lbs.) Class 4--Greater than 6350 kg. to 7257 kg. (14,001-16,000 lbs.) Class 5--Greater than 7257 kg. to 8845 kg. (16,001-19,500 lbs.) Class 6--Greater than 8845 kg. to 11793 kg. (19,501-26,000 lbs.) Class 7--Greater than 11793 kg. to 14968 kg.(26,001-33,000 lbs.) Class 8--Greater than 14968 kg. (33,001 lbs. and over). ------------------------------------------------------------------------ (c) The third section shall consist of one character, which occupies position nine (9) in the VIN. This section shall be the check digit whose purpose is to provide a means for verifying the accuracy of any VIN transcription. After all other characters in VIN have been determined by the manufacturer, the check digit shall be calculated by carrying out the mathematical computation specified in paragraphs (c) (1) through (4) of this section. (1) Assign to each number in the VIN its actual mathematical value and assign to each letter the value specified for it in Table X, as follows: [[Page 272]] Table X--Assigned Values ------------------------------------------------------------------------ ------------------------------------------------------------------------- A = 1 B = 2 C = 3 D = 4 E = 5 F = 6 G = 7 H = 8 J = 1 K = 2 L = 3 M = 4 N = 5 P = 7 R = 9 S = 2 T = 3 U = 4 V = 5 W = 6 X = 7 Y = 8 Z = 9 ------------------------------------------------------------------------ (2) Multiply the assigned value for each character in the VIN by the position weight factor specified in Table XI, as follows: Table XI--VIN Position and Weight Factor ------------------------------------------------------------------------ ------------------------------------------------------------------------ 1st..................................................... 8 2d...................................................... 7 3d...................................................... 6 4th..................................................... 5 5th..................................................... 4 6th..................................................... 3 7th..................................................... 2 8th..................................................... 10 9th..................................................... (check digit) 10th.................................................... 9 11th.................................................... 8 12th.................................................... 7 13th.................................................... 6 14th.................................................... 5 15th.................................................... 4 16th.................................................... 3 17th.................................................... 2 ------------------------------------------------------------------------ (3) Add the resulting products and divide the total by 11. (4) The numerical remainder is the check digit. If the remainder is 10 the letter ``X'' shall be used to designate the check digit. The correct numeric remainder, zero through nine (0-9) or the letter ``X,'' shall appear in VIN position nine (9). (5) A sample check digit calculation is shown in Table XII as follows: Table XII--Calculation of a Check Digit -------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------- VIN Position 12................................................. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Sample VIN...................................................... 1 G 4 A H 5 9 H ... 5 G 1 1 8 3 4 1 Assigned Value.................................................. 1 7 4 1 8 5 9 8 ... 5 7 1 1 8 3 4 1 Weight Factor................................................... 8 7 6 5 4 3 2 10 0 9 8 7 6 5 4 3 2 Multiply Assigned value times................................... 8 49 24 5 32 15 18 80 0 45 56 7 6 40 12 12 2 -------------------------------------------------------------------------------------------------------------------------------------------------------- Add products: 8 + 49 + 24 + 5 + 32 + 15 + 18 + 80 + 0 + 45 + 56 + 7 + 6 + 40 + 12 + 12 + 2 = 411. Divide by 11: 411/11 = 37 4/11. The remainder is 4; this is the check digit to be inserted in position nine (9) of the VIN. (d) The fourth section shall consist of eight characters, which occupy positions ten through seventeen (10-17) of the VIN. The last five (5) characters of this section shall be numeric for passenger cars and for multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 4536 kg. (10,000 lbs.) or less, and the last four (4) characters shall be numeric for all other vehicles. (1) The first character of the fourth section shall represent the vehicle model year. The year shall be designated as indicated in Table XIII as follows: Table XIII--Year Codes for VIN ------------------------------------------------------------------------ Year Code ------------------------------------------------------------------------ 1980............................................................. A 1981............................................................. B 1982............................................................. C 1983............................................................. D 1984............................................................. E 1985............................................................. F 1986............................................................. G 1987............................................................. H 1988............................................................. J 1989............................................................. K 1990............................................................. L 1991............................................................. M 1992............................................................. N 1993............................................................. P 1994............................................................. R 1995............................................................. S [[Page 273]] 1996............................................................. T 1997............................................................. V 1998............................................................. W 1999............................................................. X 2000............................................................. Y 2001............................................................. 1 2002............................................................. 2 2003............................................................. 3 2004............................................................. 4 2005............................................................. 5 2006............................................................. 6 2007............................................................. 7 2008............................................................. 8 2009............................................................. 9 2010............................................................. A 2011............................................................. B 2012............................................................. C 2013............................................................. D ------------------------------------------------------------------------ (2) The second character of the fourth section shall represent the plant of manufacture. (3) The third through the eighth characters of the fourth section shall represent the number sequentially assigned by the manufacturer in the production process if the manufacturer produces 500 or more vehicles of its type annually. If the manufacturer produces less than 500 motor vehicles of its type annually, the third, fourth and fifth characters of the fourth section, combined with the three characters of the first section, shall uniquely identify the manufacturer, make and type of the motor vehicle and the sixth, seventh, and eighth characters of the fourth section shall represent the number sequentially assigned by the manufacturer in the production process. Sec. 565.26 Reporting requirements. The information collection requirements contained in this part have been approved by the Office of Management and Budget under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2127-0510. (a) The National Highway Traffic Safety Administration (NHTSA) has contracted with the SAE International (SAE) to coordinate the assignment of manufacturer identifiers. Manufacturer identifiers will be supplied by SAE at no charge. All requests for assignments of manufacturer identifiers should be forwarded directly to: SAE International, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096, Attention: WMI Coordinator. Any requests for identifiers submitted to NHTSA will be forwarded to SAE. Manufacturers may request a specific identifier or may request only assignment of an identifier(s). SAE will review requests for specific identifiers to determine that they do not conflict with an identifier already assigned or block of identifiers already reserved. SAE will confirm the assignments in writing to the requester. Once confirmed by SAE, the identifier need not be resubmitted to NHTSA. (b) Manufacturers of vehicles subject to this part shall submit, either directly or through an agent, the unique identifier for each make and type of vehicle it manufactures at least 60 days before affixing the first VIN using the identifier. Manufacturers whose unique identifier appears in the fourth section of the VIN shall also submit the three characters of the first section that constitutes a part of their identifier. (c) Manufacturers of vehicles subject to the requirements of this part shall submit to NHTSA the information necessary to decipher the characters contained in its VINs. Amendments to this information shall be submitted to the agency for VINs containing an amended coding. The agency will not routinely provide written approvals of these submissions, but will contact the manufacturer should any corrections to these submissions be necessary. (d) The information required under paragraph (c) of this section shall be submitted at least 60 days prior to offering for sale the first vehicle identified by a VIN containing that information, or if information concerning vehicle characteristics sufficient to specify the VIN code is unavailable to the manufacturer by that date, then within one week after that information first becomes available. The information shall be submitted to https://vpic.nhtsa.dot.gov/ or to: Administrator, National Highway Traffic Safety Administration, ATTN: VIN Coordinator, 1200 New Jersey Avenue SE, Washington, DC 20590. Manufacturers of replica motor vehicles shall furnish the information by using the portal at https://vpic.nhtsa.dot.gov/. [47 FR 7248, Feb. 18, 1982, as amended at 87 FR 13232, Mar. 9, 2023] [[Page 274]] PART 566_MANUFACTURER IDENTIFICATION--Table of Contents Sec. 566.1 Scope. 566.2 Purpose. 566.3 Application. 566.4 Definitions. 566.5 Requirements. 566.6 Submittal of information. Authority: National Traffic and Motor Vehicle Safety Act (49 U.S.C. 30114(b), 30166) and Sec. 24405(a) of the Fixing America's Surface Transportation Act (Pub. L. 114-94); delegation of authority at 49 CFR 1.95. Sec. 566.1 Scope. This part requires manufacturers of motor vehicles, and of motor vehicle equipment to which a motor vehicle safety standard applies, to submit identifying information and a description of the items they produce. [36 FR 20978, Nov. 2, 1971] Sec. 566.2 Purpose. The purpose of this part is to facilitate the regulation of manufacturers under the National Traffic and Motor Vehicle Safety Act, and to aid in establishing a code numbering system for all regulated manufacturers. [36 FR 20978, Nov. 2, 1971] Sec. 566.3 Application. This part applies to all manufacturers of motor vehicles, and to manufacturers of motor vehicle equipment, other than tires, to which a motor vehicle safety standard applies (hereafter referred to as ``covered equipment''). [36 FR 22063, Nov. 19, 1971] Sec. 566.4 Definitions. All terms defined in the Act and the rules and standards issued under its authority are used as defined therein. Specifically, incomplete vehicle, intermediate manufacturer, and final-stage manufacturer are used as defined in Part 568--Vehicles Manufactured in Two or More Stages. (Authority: 15 U.S.C. 1392, 1397) [37 FR 1364, Jan. 28, 1972] Sec. 566.5 Requirements. Each manufacturer of a motor vehicle (other than a replica motor vehicle), and each manufacturer of covered equipment, shall furnish the information specified in paragraphs (a) through (c) of this section to https://vpic.nhtsa.dot.gov/ or to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Manufacturers of replica motor vehicles shall furnish the information by using the portal at https://vpic.nhtsa.dot.gov/. (a) Full individual, partnership, or corporate name of the manufacturer. (b) Residence address of the manufacturer and State of incorporation if applicable. (c) Description of each type of motor vehicle or of covered equipment manufactured by the manufacturer, including, for motor vehicles, the approximate ranges of gross vehicle weight ratings for each type. (1) Except as noted below, the description may be of general types, such as ``passenger cars'' or ``brake fluid.'' (2) In the case of multipurpose passenger vehicles, trucks, and trailers, the description shall be specific enough also to indicate the types of use for which the vehicles are intended, such as ``tank trailer,'' ``motor home,'' or ``cargo van.'' (3) In the case of motor vehicles produced in two or more stages, if the manufacturer is an incomplete vehicle manufacturer, the description shall so state and include a description indicating the stage of completion of the vehicle and, where known, the types of use for which the vehicle is intended. (4) In the case of replica motor vehicles, the manufacturer shall include, in the description of each type of motor vehicle it manufactures, a designation that the vehicle is a replica motor vehicle. Example: ``Incomplete vehicle manufacturer--Chassis-cab intended for completion as van-type truck.'' If the manufacturer is an intermediate manufacturer, or a final stage manufacturer, the description shall so state and include a brief description of the work performed. [[Page 275]] Example: ``Multipurpose passenger vehicles: Motor homes with GVWR from 8,000 to 12,000 pounds. Final-stage manufacturer--add body to bare chassis.'' (15 U.S.C. 1392, 1397) [36 FR 20978, Nov. 2, 1971, as amended at 37 FR 1364, Jan. 28, 1972; 87 FR 13232, Mar. 9, 2022] Sec. 566.6 Submittal of information. Each manufacturer required to submit information under Sec. 566.5 shall submit the information not later than February 1, 1972. After that date, each person who begins to manufacture a type of motor vehicle or covered equipment for which he has not submitted the required information shall submit the information specified in paragraphs (a) through (c) of Sec. 566.5 not later than 30 days after he begins manufacture. Each manufacturer who has submitted required information shall keep his entry current, accurate and complete by submitting revised information not later than 30 days after the relevant changes in his business occur. [36 FR 20978, Nov. 2, 1971, as amended at 53 FR 20119, June 2, 1988] PART 567_CERTIFICATION--Table of Contents Sec. 567.1 Purpose. 567.2 Application. 567.3 Definitions. 567.4 Requirements for manufacturers of motor vehicles. 567.5 Requirements for manufacturers of vehicles manufactured in two or more stages. 567.6 Requirements for persons who do not alter certified vehicles or do so with readily attachable components. 567.7 Requirements for persons who alter certified vehicles. 567.8 Requirements for manufacturers of replica motor vehicles. Authority: 49 U.S.C. 322, 30111, 30114, 30115, 30117, 30166, 32504, 33101-33104, 33108 and 33109; delegation of authority at 49 CFR 1.95. Source: 70 FR 7430, Feb. 14, 2005, unless otherwise noted. Sec. 567.1 Purpose. The purpose of this part is to specify the content and location of, and other requirements for, the certification label to be affixed to motor vehicles as required by the National Traffic and Motor Vehicle Safety Act, as amended (the Vehicle Safety Act) (49 U.S.C. 30114 and 30115) and the Motor Vehicle Information and Cost Savings Act, as amended (the Cost Savings Act) (49 U.S.C. 30254 and 33109), to address certification-related duties and liabilities, and to provide the consumer with information to assist them in determining which of the Federal motor vehicle safety standards (part 571 of this chapter), bumper standards (part 581 of this chapter), and Federal theft prevention standards (part 541 of this chapter), are applicable to the vehicle. [87 FR 13232, Mar. 9, 2022] Sec. 567.2 Application. (a) This part applies to manufacturers including alterers of motor vehicles to which one or more standards are applicable. (b) In the case of imported motor vehicles that do not have the label required by 49 CFR 567.4, Registered Importers of vehicles admitted into the United States under 49 U.S.C. 30141-30147 and 49 CFR part 591 must affix a label as required by 49 CFR 567.4, after the vehicle has been brought into conformity with the applicable Safety, Bumper and Theft Prevention Standards. Sec. 567.3 Definitions. All terms that are defined in the Act and the rules and standards issued under its authority are used as defined therein. The term ``bumper'' has the meaning assigned to it in Title I of the Cost Savings Act and the rules and standards issued under its authority. Addendum means the document described in Sec. 568.5 of this chapter. Altered vehicle means a completed vehicle previously certified in accordance with Sec. 567.4 or Sec. 567.5 that has been altered other than by the addition, substitution, or removal of readily attachable components, such as mirrors or tire and rim assemblies, or by minor finishing operations such as painting, before the first purchase of the vehicle other than for resale, in such a manner as may affect the conformity of the vehicle with one or more Federal Motor Vehicle Safety Standard(s) or the validity of the vehicle's stated weight ratings or vehicle type classification. [[Page 276]] Alterer means a person who alters by addition, substitution, or removal of components (other than readily attachable components) a certified vehicle before the first purchase of the vehicle other than for resale. Chassis-cab means an incomplete vehicle, with a completed occupant compartment, that requires only the addition of cargo-carrying, work- performing, or load-bearing components to perform its intended functions. Completed vehicle means a vehicle that requires no further manufacturing operations to perform its intended function. Final-stage manufacturer means a person who performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle. Incomplete trailer means a vehicle that is capable of being drawn and that consists, at a minimum, of a chassis (including the frame) structure and suspension system but needs further manufacturing operations performed on it to become a completed vehicle. Incomplete vehicle means (1) An assemblage consisting, at a minimum, of chassis (including the frame) structure, power train, steering system, suspension system, and braking system, in the state that those systems are to be part of the completed vehicle, but requires further manufacturing operations to become a completed vehicle; or (2) An incomplete trailer. Incomplete vehicle document or IVD means the document described in 49 CFR 568.4(a) and (b). Incomplete vehicle manufacturer means a person who manufactures an incomplete vehicle by assembling components none of which, taken separately, constitute an incomplete vehicle. Intermediate manufacturer means a person, other than the incomplete vehicle manufacturer or the final-stage manufacturer, who performs manufacturing operations on a vehicle manufactured in two or more stages. Replica motor vehicle means a motor vehicle meeting the definition of replica motor vehicle in 49 CFR part 586. [70 FR 7430, Feb. 14, 2005, as amended at 87 FR 13232, Mar. 9, 2022] Sec. 567.4 Requirements for manufacturers of motor vehicles. (a) Each manufacturer of motor vehicles (except replica motor vehicles and vehicles manufactured in two or more stages) shall affix to each vehicle a label, of the type and in the manner described below, containing the statements specified in paragraph (g) of this section. (b) The label shall be riveted or permanently affixed in such a manner that it cannot be removed without destroying or defacing it. (c) Except for trailers and motorcycles, the label shall be affixed to either the hinge pillar, door-latch post, or the door edge that meets the door-latch post, next to the driver's seating position, or if none of these locations is practicable, to the left side of the instrument panel. If that location is also not practicable, the label shall be affixed to the inward-facing surface of the door next to the driver's seating position. If none of the preceding locations is practicable, notification of that fact, together with drawings or photographs showing a suggested alternate location in the same general area, shall be submitted for approval to the Administrator, National Highway Traffic Safety Administration, Washington, D.C. 20590. The location of the label shall be such that it is easily readable without moving any part of the vehicle except an outer door. (d) The label for trailers shall be affixed to a location on the forward half of the left side, such that it is easily readable from outside the vehicle without moving any part of the vehicle. (e) The label for motorcycles shall be affixed to a permanent member of the vehicle as close as is practicable to the intersection of the steering post with the handle bars, in a location such that it is easily readable without moving any part of the vehicle except the steering system. (f) The lettering on the label shall be of a color that contrasts with the background of the label. (g) The label shall contain the following statements, in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high, in the order shown: [[Page 277]] (1) Name of manufacturer: Except as provided in paragraphs (g)(1)(i), (ii) and (iii) of this section, the full corporate or individual name of the actual assembler of the vehicle shall be spelled out, except that such abbreviations as ``Co.'' or ``Inc.'' and their foreign equivalents, and the first and middle initials of individuals, may be used. The name of the manufacturer shall be preceded by the words ``Manufactured By'' or ``Mfd By.'' In the case of imported vehicles to which the label required by this section is affixed by the Registered Importer, the name of the Registered Importer shall also be placed on the label in the manner described in this paragraph, directly below the name of the actual assembler. (i) If a vehicle is assembled by a corporation that is controlled by another corporation that assumes responsibility for conformity with the standards, the name of the controlling corporation may be used. (ii) If a vehicle is fabricated and delivered in complete but unassembled form, such that it is designed to be assembled without special machinery or tools, the fabricator of the vehicle may affix the label and name itself as the manufacturer for the purposes of this section. (iii) If a trailer is sold by a person who is not its manufacturer, but who is engaged in the manufacture of trailers and assumes legal responsibility for all duties and liabilities imposed by the Act with respect to that trailer, the name of that person may appear on the label as the manufacturer. In such a case the name shall be preceded by the words ``Responsible Manufacturer'' or ``Resp Mfr.'' (2) Month and year of manufacture: This shall be the time during which work was completed at the place of main assembly of the vehicle. It may be spelled out, as ``June 2000'', or expressed in numerals, as ``6/00''. (3) ``Gross Vehicle Weight Rating'' or ``GVWR'' followed by the appropriate value in pounds, which shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the number of the vehicle's designated seating positions. However, for school buses the minimum occupant weight allowance shall be 120 pounds per passenger and 150 pounds for the driver. (4) ``Gross Axle Weight Rating'' or ``GAWR,'' followed by the appropriate value in pounds, for each axle, identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear). The ratings for any consecutive axles having identical gross axle weight ratings when equipped with tires having the same tire size designation may, at the option of the manufacturer, be stated as a single value, with the label indicating to which axles the ratings apply. Examples of combined ratings: GAWR: (a) All axles--2,400 kg (5,290 lb) with LT245/75R16(E) tires. (b) Front--5,215 kg (11,500 lb) with 295/75R22.5(G) tires. First intermediate to rear--9,070 kg (20,000 lb) with 295/75R22.5(G) tires. (5) One of the following statements, as appropriate: (i) For passenger cars, the statement: ``This vehicle conforms to all applicable Federal motor vehicle safety, bumper, and theft prevention standards in effect on the date of manufacture shown above.'' The expression ``U.S.'' or ``U.S.A.'' may be inserted before the word ``Federal''. (ii) In the case of multipurpose passenger vehicles (MPVs) and trucks with a GVWR of 6,000 pounds or less, the statement: ``This vehicle conforms to all applicable Federal motor vehicle safety and theft prevention standards in effect on the date of manufacture shown above.'' The expression ``U.S.'' or ``U.S.A.'' may be inserted before the (word ``Federal''). (iii) In the case of multipurpose passenger vehicles (MPVs) and trucks with a GVWR of over 6,000 pounds, the statement: ``This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above.'' The expression ``U.S.'' or ``U.S.A.'' may be inserted before the word ``Federal''. (iv) For all other vehicles, the statement: ``This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above.'' The expression ``U.S.'' or ``U.S.A.'' may be inserted before the word ``Federal''. [[Page 278]] (6) Vehicle identification number. (7) The type classification of the vehicle as defined in Sec. 571.3 of this chapter (e.g., truck, MPV, bus, trailer). (h) Multiple GVWR-GAWR ratings. (1) (For passenger cars only) In cases in which different tire sizes are offered as a customer option, a manufacturer may at its option list more than one set of values for GVWR and GAWR, to meet the requirements of paragraphs (g) (3) and (4) of this section. If the label shows more than one set of weight rating values, each value shall be followed by the phrase ``with __tires,'' inserting the proper tire size designations. A manufacturer may, at its option, list one or more tire sizes where only one set of weight ratings is provided. Example: Passenger Car GVWR: 4,400 lb with P195/65R15 tires; 4,800 lb with P205/75R15 tires. GAWR: Front--2,000 lb with P195/65R15 tires at 24 psi; 2,200 lb with P205/75R15 tires at 24 psi. Rear--2,400 lb with P195/65R15 tires at 28 psi; 2,600 lb with P205/75R15 tires at 28 psi. (2) (For multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles) The manufacturer may, at its option, list more than one GVWR-GAWR-tire-rim combination on the label, as long as the listing contains the tire-rim combination installed as original equipment on the vehicle by the manufacturer and conforms in content and format to the requirements for tire-rim-inflation information set forth in Standard Nos. 110, 120, 129 and 139 (Sec. Sec. 571.110, 571.120, 571.129 and 571.139 of this chapter). (3) At the option of the manufacturer, additional GVWR-GAWR ratings for operation of the vehicle at reduced speeds may be listed at the bottom of the certification label following any information that is required to be listed. (i) [Reserved] (j) A manufacturer may, at its option, provide information concerning which tables in the document that accompanies the vehicle pursuant to Sec. 575.6(a) of this chapter apply to the vehicle. This information may not precede or interrupt the information required by paragraph (g) of this section. (k) In the case of passenger cars imported into the United States under 49 CFR 591.5(f) to which the label required by this section has not been affixed by the original assembler of the passenger car, a label meeting the requirements of this paragraph shall be affixed before the vehicle is imported into the United States, if the car is from a line listed in appendix A of 49 CFR part 541. This label shall be in addition to, and not in place of, the label required by paragraphs (a) through (j), inclusive, of this section. (1) The label shall be riveted or permanently affixed in such a manner that it cannot be removed without destroying or defacing it. (2) The label shall be affixed to either the hinge pillar, door- latch post, or the door edge that meets the door-latch post, next to the driver's seating position, or, if none of these locations is practicable, to the left side of the instrument panel. If that location is also not practicable, the label shall be affixed to the inward-facing surface of the door next to the driver's seating position. The location of the label shall be such that it is easily readable without moving any part of the vehicle except an outer door. (3) The lettering on the label shall be of a color that contrasts with the background of the label. (4) The label shall contain the following statements, in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high, in the order shown: (i) Model year (if applicable) or year of manufacture and line of the vehicle, as reported by the manufacturer that produced or assembled the vehicle. ``Model year'' is used as defined in Sec. 593.4 of this chapter. ``Line'' is used as defined in Sec. 541.4 of this chapter. (ii) Name of the importer. The full corporate or individual name of the importer of the vehicle shall be spelled out, except that such abbreviations as ``Co.'' or ``Inc.'' and their foreign equivalents and the middle initial of individuals, may be used. The name of the importer shall be preceded by the words ``Imported By''. (iii) The statement: ``This vehicle conforms to the applicable Federal [[Page 279]] motor vehicle theft prevention standard in effect on the date of manufacture.'' (l)(1) In the case of a passenger car imported into the United States under 49 CFR 591.5(f) which does not have a vehicle identification number that complies with 49 CFR 565.4 (b), (c), and (g) at the time of importation, the Registered Importer shall permanently affix a label to the vehicle in such a manner that, unless the label is riveted, it cannot be removed without being destroyed or defaced. The label shall be in addition to the label required by paragraph (a) of this section, and shall be affixed to the vehicle in a location specified in paragraph (c) of this section. (2) The label shall contain the following statement, in the English language, lettered in block capitals and numerals not less than 4 mm high, with the location on the vehicle of the original manufacturer's identification number provided in the blank: ORIGINAL MANUFACTURER'S IDENTIFICATION NUMBER SUBSTITUTING FOR U.S. VIN IS LOCATED ______. [70 FR 7430, Feb. 14, 2005, as amended at 76 FR 53078, Aug. 25, 2011; 77 FR 71717, Dec. 4, 2012; 87 FR 13232, Mar. 9, 2022] Sec. 567.5 Requirements for manufacturers of vehicles manufactured in two or more stages. (a) Location of information labels for incomplete vehicles. Each incomplete vehicle manufacturer or intermediate vehicle manufacturer shall permanently affix a label to each incomplete vehicle, in the location and form specified in Sec. 567.4, and in a manner that does not obscure other labels. If the locations specified in 49 CFR 567.4(c) are not practicable, the label may be provided as part of the IVD package so that it can be permanently affixed in the acceptable locations provided for in that subsection when the vehicle is sufficiently manufactured to allow placement in accordance therewith. (b) Incomplete vehicle manufacturers. (1) Except as provided in paragraph (f) of this section and notwithstanding the certification of a final-stage manufacturer under 49 CFR 567.5(d)(2)(v), each manufacturer of an incomplete vehicle assumes legal responsibility for all certification-related duties and liabilities under the Vehicle Safety Act with respect to: (i) Components and systems it installs or supplies for installation on the incomplete vehicle, unless changed by a subsequent manufacturer; (ii) The vehicle as further manufactured or completed by an intermediate or final-stage manufacturer, to the extent that the vehicle is completed in accordance with the IVD; and (iii) The accuracy of the information contained in the IVD. (2) Except as provided in paragraph (f) of this section, each incomplete vehicle manufacturer shall affix an information label to each incomplete vehicle that contains the following statements: (i) Name of incomplete vehicle manufacturer preceded by the words ``incomplete vehicle MANUFACTURED BY'' or ``incomplete vehicle MFD BY''. (ii) Month and year of manufacture of the incomplete vehicle. This may be spelled out, as in ``JUNE 2000'', or expressed in numerals, as in ``6/00''. No preface is required. (iii) ``Gross Vehicle Weight Rating'' or ``GVWR'' followed by the appropriate value in kilograms and (pounds), which shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the number of the vehicle's designated seating positions, if known. However, for school buses the minimum occupant weight allowance shall be 120 pounds per passenger and 150 pounds for the driver. (iv) ``Gross Axle Weight Rating'' or ``GAWR,'' followed by the appropriate value in kilograms and (pounds) for each axle, identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear). The ratings for any consecutive axles having identical gross axle weight ratings when equipped with tires having the same tire size designation may be stated as a single value, with the label indicating to which axles the ratings apply. (v) Vehicle Identification Number. (c) Intermediate manufacturers. (1) Except as provided in paragraphs (f) and (g) of this section and notwithstanding [[Page 280]] the certification of a final-stage manufacturer under Sec. 567.5(d)(2)(v), each intermediate manufacturer of a vehicle manufactured in two or more stages assumes legal responsibility for all certification-related duties and liabilities under the Vehicle Safety Act with respect to: (i) Components and systems it installs or supplies for installation on the incomplete vehicle, unless changed by a subsequent manufacturer; (ii) The vehicle as further manufactured or completed by an intermediate or final-stage manufacturer, to the extent that the vehicle is completed in accordance with the addendum to the IVD furnished by the intermediate vehicle manufacturer; (iii) Any work done by the intermediate manufacturer on the incomplete vehicle that was not performed in accordance with the IVD or an addendum of a prior intermediate manufacturer; and (iv) The accuracy of the information in any addendum to the IVD furnished by the intermediate vehicle manufacturer. (2) Except as provided in paragraphs (f) and (g) of this section, each intermediate manufacturer of an incomplete vehicle shall affix an information label, in a manner that does not obscure the labels applied by previous stage manufacturers, to each incomplete vehicle, which contains the following statements: (i) Name of intermediate manufacturer, preceded by the words ``INTERMEDIATE MANUFACTURE BY'' or ``INTERMEDIATE MFR''. (ii) Month and year in which the intermediate manufacturer performed its last manufacturing operation on the incomplete vehicle. This may be spelled out, as ``JUNE 2000'', or expressed as numerals, as ``6/00''. No preface is required. (iii) ``Gross Vehicle Weight Rating'' or ``GVWR'', followed by the appropriate value in kilograms and (pounds), if different from that identified by the incomplete vehicle manufacturer. (iv) ``Gross Axle Weight Rating'' or ``GAWR'' followed by the appropriate value in kilograms and (pounds), if different from that identified by the incomplete vehicle manufacturer. (v) Vehicle identification number. (d) Final-stage manufacturers. (1) Except as provided in paragraphs (f) and (g) of this section, each final-stage manufacturer of a vehicle manufactured in two or more stages assumes legal responsibility for all certification-related duties and liabilities under the Vehicle Safety Act, except to the extent that the incomplete vehicle manufacturer or an intermediate manufacturer has provided equipment subject to a safety standard or expressly assumed responsibility for standards related to systems and components it supplied and except to the extent that the final-stage manufacturer completed the vehicle in accordance with the prior manufacturers' IVD or any addendum furnished pursuant to 49 CFR part 568, as to the Federal motor vehicle safety standards fully addressed therein. (2) Except as provided in paragraphs (f) and (g) of this section, each final-stage manufacturer shall affix a certification label to each vehicle, in a manner that does not obscure the labels applied by previous stage manufacturers, and that contains the following statements: (i) Name of final-stage manufacturer, preceded by the words ``MANUFACTURED BY'' or ``MFD BY''. (ii) Month and year in which final-stage manufacture is completed. This may be spelled out, as in ``JUNE 2000'', or expressed in numerals, as in ``6/00''. No preface is required. (iii) ``Gross Vehicle Weight Rating'' or ``GVWR'' followed by the appropriate value in kilograms and (pounds), which shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the number of the vehicle's designated seating positions. However, for school buses the minimum occupant weight allowance shall be 120 pounds per passenger and 150 pounds for the driver. (iv) ``GROSS AXLE WEIGHT RATING'' or ``GAWR'', followed by the appropriate value in kilograms and (pounds) for each axle, identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear). The ratings for any consecutive axles having identical gross axle weight ratings when equipped with [[Page 281]] tires having the same tire size designation may be stated as a single value, with the label indicating to which axles the ratings apply. Examples of combined ratings: (a) All axles--2,400 kg (5,290 lb) with LT245/75R16(E) tires; (b) Front--5,215 kg (11,500 lb) with 295/75R22.5(G) tires; (c) First intermediate to rear--9,070 kg (20,000 lb) with 295/ 75R22.5(G) tires. (v)(A) One of the following alternative certification statements: (1) ``This vehicle conforms to all applicable Federal Motor Vehicle Safety Standards, [and Bumper and Theft Prevention Standards, if applicable] in effect in (month, year).'' (2) ``This vehicle has been completed in accordance with the prior manufacturers' IVD, where applicable. This vehicle conforms to all applicable Federal Motor Vehicle Safety Standards, [and Bumper and Theft Prevention Standards, if applicable] in effect in (month, year).'' (3) ``This vehicle has been completed in accordance with the prior manufacturers' IVD, where applicable, except for [insert FMVSS(s)]. This vehicle conforms to all applicable Federal Motor Vehicle Safety Standards, [and Bumper and Theft Prevention Standards if applicable] in effect in (month, year).'' (B) The date shown in the statement required in paragraph (d)(2)(v)(A) of this section shall not be earlier than the manufacturing date provided by the incomplete or intermediate stage manufacturer and not later than the date of completion of the final-stage manufacture. (C) Notwithstanding the certification statements in paragraph (d)(2)(v)(A) of this section, the legal responsibilities and liabilities for certification under the Vehicle Safety Act shall be allocated among the vehicle manufacturers as provided in 567.5(b)(1), (c)(1), and (d)(1), and 49 CFR 568.4(a)(9). (vi) Vehicle identification number. (vii) The type classification of the vehicle as defined in 49 CFR 571.3 (e.g., truck, MPV, bus, trailer). (e) More than one set of figures for GVWR and GAWR, and one or more tire sizes, may be listed in satisfaction of the requirements of paragraphs (d)(2)(iii) and (iv) of this section, as provided in Sec. 567.4(h). (f) If an incomplete vehicle manufacturer assumes legal responsibility for all duties and liabilities for certification under the Vehicle Safety Act, with respect to the vehicle as finally manufactured, the incomplete vehicle manufacturer shall ensure that a label is affixed to the final vehicle in conformity with paragraph (d) of this section, except that the name of the incomplete vehicle manufacturer shall appear instead of the name of the final-stage manufacturer after the words ``MANUFACTURED BY'' or ``MFD BY'' required by paragraph (d)(2)(i) of this section. (g) If an intermediate manufacturer of a vehicle assumes legal responsibility for all duties and liabilities for certification under the Vehicle Safety Act, with respect to the vehicle as finally manufactured, the intermediate manufacturer shall ensure that a label is affixed to the final vehicle in conformity with paragraph (d) of this section, except that the name of the intermediate manufacturer shall appear instead of the name of the final-stage manufacturer after the words ``MANUFACTURED BY'' or ``MFD BY'' required by paragraph (f) of this section. Sec. 567.6 Requirements for persons who do not alter certified vehicles or do so with readily attachable components. A person who does not alter a motor vehicle or who alters such a vehicle only by the addition, substitution, or removal of readily attachable components such as mirrors or tires and rim assemblies, or minor finishing operations such as painting, in such a manner that the vehicle's stated weight ratings are still valid, need not affix a label to the vehicle, but shall allow a manufacturer's label that conforms to the requirements of this part to remain affixed to the vehicle. If such a person is a distributor of the motor vehicle, allowing the manufacturer's label to remain affixed to the vehicle shall satisfy the distributor's certification requirements under the Vehicle Safety Act. [[Page 282]] Sec. 567.7 Requirements for persons who alter certified vehicles. (a) With respect to the vehicle alterations it performs, an alterer: (1) Has a duty to determine continued conformity of the altered vehicle with applicable Federal motor vehicle safety, Bumper, and Theft Prevention standards, and (2) Assumes legal responsibility for all duties and liabilities for certification under the Vehicle Safety Act. (b) The vehicle manufacturer's certification label and any information labels shall remain affixed to the vehicle and the alterer shall affix to the vehicle an additional label in the manner and location specified in Sec. 567.4, in a manner that does not obscure any previously applied labels, and containing the following information: (1) The statement: ``This vehicle was altered by (individual or corporate name) in (month and year in which alterations were completed) and as altered it conforms to all applicable Federal Motor Vehicle Safety, Bumper and Theft Prevention Standards affected by the alteration and in effect in (month, year).'' The second date shall be no earlier than the date of manufacture of the certified vehicle (as specified on the certification label), and no later than the date alterations were completed. (2) If the gross vehicle weight rating or any of the gross axle weight ratings of the vehicle as altered are different from those shown on the original certification label, the modified values shall be provided in the form specified in Sec. 567.4(g)(3) and (4). (3) If the vehicle as altered has a different type classification from that shown on the original certification label, the type as modified shall be provided. Sec. 567.8 Requirements for manufacturers of replica motor vehicles. (a) Each manufacturer of a replica motor vehicle shall affix to each vehicle a label, of the type and in the manner described below, containing the statements specified in paragraph (e) of this section. (b) The label shall be riveted or permanently affixed in such a manner that it cannot be removed without destroying or defacing it. (c) The label shall be affixed to either the hinge pillar, door- latch post, or the door edge that meets the door-latch post, next to the driver's seating position, or if none of these locations is practicable, to the left side of the instrument panel. If that location is also not practicable, the label shall be affixed to the inward-facing surface of the door next to the driver's seating position. If none of the preceding locations is practicable, notification of that fact, together with drawings or photographs showing a suggested alternate location in the same general area, shall be submitted for approval to the Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. The location of the label shall be such that it is easily readable without moving any part of the vehicle except an outer door. (d) The lettering on the label shall be of a color that contrasts with the background of the label. (e) The label shall contain the following information and statements, in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high, in the order shown: (1) Name of manufacturer: Except as provided in paragraphs (e)(1)(i) and (ii) of this section, the full corporate or individual name of the actual assembler of the vehicle shall be spelled out, except that such abbreviations as ``Co.'' or ``Inc.'' and their foreign equivalents, and the first and middle initials of individuals, may be used. The name of the manufacturer shall be preceded by the words ``Manufactured By'' or ``Mfd By.'' (2) Month and year of manufacture: This shall be the time during which work was completed at the place of main assembly of the vehicle. It may be spelled out, as ``June 2000,'' or expressed in numerals, as ``6/00.'' (3) ``Gross Vehicle Weight Rating'' or ``GVWR'' followed by the appropriate value in pounds, which shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the number of the vehicle's designated seating positions. [[Page 283]] (4) ``Gross Axle Weight Rating'' or ``GAWR,'' followed by the appropriate value in pounds, for each axle, identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear). The ratings for any consecutive axles having identical gross axle weight ratings when equipped with tires having the same tire size designation may, at the option of the manufacturer, be stated as a single value, with the label indicating to which axles the ratings apply. (i) Examples of combined ratings: GAWR: (A) All axles--2,400 kg (5,290 lb.) with LT245/75R16(E) tires. (B) Front--5,215 kg (11,500 lb.) with 295/75R22.5(G) tires. (C) First intermediate to rear--9,070 kg (20,000 lb.) with 295/ 75R22.5(G) tires. (ii) [Reserved] (5) The following statement: ``This vehicle is a replica motor vehicle that replicates a [insert make and model of the replicated motor vehicle] originally manufactured in model year [insert year].'' (6) Either: (i) The statement: ``This replica motor vehicle is exempt from the following Federal motor vehicle safety, theft prevention, and bumper standards in effect on [insert the date of manufacture of the replica motor vehicle] for [insert replica's type of motor vehicle (e.g., passenger cars)]: [insert a list of all standards from which the vehicle exempt pursuant to 49 U.S.C. 30114(b)].'' (The expression ``U.S.'' or ``U.S.A.'' may be inserted before the word ``Federal.''); or (ii) The statement: ``This replica motor vehicle is exempt from the Federal motor vehicle safety, theft prevention, and bumper standards in effect on [insert the date of manufacture of the replica motor vehicle] for [insert replica's type of motor vehicle (e.g., passenger cars)] that are listed on the label found in [insert location of label listing standards from which the vehicle is exempt under 49 U.S.C. 30114(b)]''; and (7) Vehicle identification number. (f) If the label required under paragraph (a) includes the statement found in paragraph (e)(6)(ii) of this section, the manufacturer must affix to the replica motor vehicle a second label that meets the following criteria: (1) The label shall be riveted or permanently affixed to the vehicle in such a manner that it cannot be removed without destroying or defacing it; (2) The label shall be affixed to the location identified in paragraph (e)(6)(ii). (3) The lettering on the label shall be of a color that contrasts with the background of the label. (4) The label shall contain the following statements, in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high: ``This replica motor vehicle is exempt from the following Federal motor vehicle safety, theft prevention, and bumper standards in effect on [insert the date of manufacture of the replica motor vehicle] for [insert replica's type of motor vehicle (e.g., passenger cars)]: [insert a list of all standards for which the vehicle is exempt pursuant to 49 U.S.C. 30114(b)].'' [87 FR 13232, Mar. 9, 2022] PART 568_VEHICLES MANUFACTURED IN TWO OR MORE STAGES_ALL INCOMPLETE, INTERMEDIATE AND FINAL-STAGE MANUFACTURERS OF VEHICLES MANUFACTURED IN TWO OR MORE STAGES--Table of Contents Sec. 568.1 Purpose and scope. 568.2 Application. 568.3 Definitions. 568.4 Requirements for incomplete vehicle manufacturers. 568.5 Requirements for intermediate manufacturers. 568.6 Requirements for final-stage manufacturers. 568.7 Requirements for manufacturers who assume legal responsibility for a vehicle. Authority: 49 U.S.C. 30111, 30115, 30117, 30166 delegation of authority at 49 CFR 1.50. Source: 70 FR 7434, Feb. 14, 2005, unless otherwise noted. Sec. 568.1 Purpose and scope. The purpose of this part is to prescribe the method by which manufacturers of vehicles manufactured in two or more stages shall ensure conformity of those vehicles with the Federal [[Page 284]] motor vehicle safety standards (``standards'') and other regulations issued under the National Traffic and Motor Vehicle Safety Act, as amended (49 U.S.C. Sec. 30115) and the Motor Vehicle Information and Cost Savings Act, as amended (49 U.S.C. 32504 and 33108(c)). Sec. 568.2 Application. This part applies to incomplete vehicle manufacturers, intermediate manufacturers, and final-stage manufacturers of vehicles manufactured in two or more stages. Sec. 568.3 Definitions. All terms that are defined in the Act and the rules and standards issued under its authority are used as defined therein. The term ``bumper'' has the meaning assigned to it in Title I of the Cost Savings Act and the rules and standards issued under its authority. The definitions contained in 49 CFR part 567 apply to this part. Sec. 568.4 Requirements for incomplete vehicle manufacturers. (a) The incomplete vehicle manufacturer shall furnish for each incomplete vehicle, at or before the time of delivery, an incomplete vehicle document (``IVD'') that contains the following statements, in the order shown, and all other information required by this part to be included therein: (1) Name and mailing address of the incomplete vehicle manufacturer. (2) Month and year during which the incomplete vehicle manufacturer performed its last manufacturing operation on the incomplete vehicle. (3) Identification of the incomplete vehicle(s) to which the document applies. The identification shall be by vehicle identification number (VIN) or groups of VINs to permit a person to ascertain positively that a document applies to a particular incomplete vehicle after the document has been removed from the vehicle. (4) Gross vehicle weight rating (GVWR) of the completed vehicle for which the incomplete vehicle is intended. (5) Gross axle weight rating (GAWR) for each axle of the completed vehicle for which the incomplete vehicle is intended, listed and identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear). The ratings for any consecutive axles having identical gross axle weight ratings when equipped with tires having the same tire size designation may, at the option of the incomplete vehicle manufacturer, be stated as a single value, with the label indicating to which axles the ratings apply. Examples of combined ratings: (a) All axles--2,400 kg (5,290 lb) with LT245/75R16(E) tires; (b) Front--5,215 kg (11,500 lb) with 295/75R22.5(G) tires. (c) First intermediate to rear--9,070 kg (20,000 lb) with 295/ 75R22.5(G) tires. (6) Listing of the vehicle types as defined in 49 CFR 571.3 (e.g., truck, MPV, bus, trailer) into which the incomplete vehicle may appropriately be manufactured. (7) Listing, by number, of each standard, in effect at the time of manufacture of the incomplete vehicle, that applies to any of the vehicle types listed in paragraph (a)(6) of this section, followed in each case by one of the following three types of statement, as applicable: (i) Type 1--A statement that the vehicle when completed will conform to the standard if no alterations are made in identified components of the incomplete vehicle. Example: 104-This vehicle when completed will conform to FMVSS No. 104, Windshield Wiping and Washing Systems, if no alterations are made in the windshield wiper components. (ii) Type 2--A statement of specific conditions of final manufacture under which the manufacturer specifies that the completed vehicle will conform to the standard. Example: 121--This vehicle when completed will conform to FMVSS No. 121, Air Brake Systems, if it does not exceed any of the gross axle weight ratings, if the center of gravity at GVWR is not higher than nine feet above the ground, and if no alterations are made in any brake system component. (iii) Type 3--A statement that conformity with the standard cannot be determined based upon the components supplied on the incomplete vehicle, and [[Page 285]] that the incomplete vehicle manufacturer makes no representation as to conformity with the standard. (8) Each document shall contain a table of contents or chart summarizing all the standards applicable to the vehicle pursuant to 49 CFR 568.4(a)(7). (9) A certification that the statements contained in the incomplete vehicle document are accurate as of the date of manufacture of the incomplete vehicle and can be used and relied on by any intermediate and/or final-stage manufacturer as a basis for certification. (b) To the extent the IVD expressly incorporates by reference body builder or other design and engineering guidance (Reference Material), the incomplete vehicle manufacturer shall make such Reference Material readily available to subsequent manufacturers. Reference Materials incorporated by reference in the IVD shall be deemed to be part of the IVD. (c) The IVD shall be attached to the incomplete vehicle in such a manner that it will not be inadvertently detached, or alternatively, it may be sent directly to a final-stage manufacturer, intermediate manufacturer or purchaser for purposes other than resale to whom the incomplete vehicle is delivered. The Reference Material in paragraph (b) of this section need not be attached to each vehicle. [70 FR 7434, Feb. 14, 2005, as amended at 71 FR 28197, May 15, 2006] Sec. 568.5 Requirements for intermediate manufacturers. Each intermediate manufacturer of a vehicle manufactured in two or more stages shall furnish to the final-stage manufacturer the document required by 49 CFR 568.4 in the manner specified in that section. If any of the changes in the vehicle made by the intermediate manufacturer affects the validity of the statements in the IVD, that manufacturer shall furnish an addendum to the IVD that contains its name and mailing address and an indication of all changes that should be made in the IVD to reflect changes that it made to the vehicle. The addendum shall contain a certification by the intermediate manufacturer that the statements contained in the addendum are accurate as of the date of manufacture by the intermediate manufacturer and can be used and relied on by any subsequent intermediate manufacturer(s) and the final-stage manufacturer as a basis for certification. Sec. 568.6 Requirements for final-stage manufacturers. Each final-stage manufacturer shall complete the vehicle in such a manner that it conforms to the applicable standards in effect on the date selected by the final-stage manufacturer, including the date of manufacture of the incomplete vehicle, the date of final completion, or a date between those two dates. This requirement shall, however, be superseded by any conflicting provisions of a standard that applies by its terms to vehicles manufactured in two or more stages. Sec. 568.7 Requirements for manufacturers who assume legal responsibility for a vehicle. (a) If an incomplete vehicle manufacturer assumes legal responsibility for all duties and liabilities imposed on manufacturers by the National Traffic and Motor Vehicle Safety Act, as amended (49 U.S.C. chapter 301) (hereafter referred to as the Act), with respect to a vehicle as finally manufactured, the requirements of Sec. Sec. 568.4, 568.5 and 568.6 do not apply to that vehicle. In such a case, the incomplete vehicle manufacturer shall ensure that a label is affixed to the final vehicle in conformity with 49 CFR 567.5(f). (b) If an intermediate manufacturer of a vehicle assumes legal responsibility for all duties and liabilities imposed on manufacturers by the Vehicle Safety Act, with respect to the vehicle as finally manufactured, Sec. Sec. 568.5 and 568.6 do not apply to that vehicle. In such a case, the intermediate manufacturer shall ensure that a label is affixed to the final vehicle in conformity with 49 CFR 567.5(g). The assumption of responsibility by an intermediate manufacturer does not, however, change the requirements for incomplete vehicle manufacturers in Sec. 568.4. [[Page 286]] PART 569_REGROOVED TIRES--Table of Contents Sec. 569.1 Purpose and scope. 569.3 Definitions. 569.5 Applicability. 569.7 Requirements. 569.9 Labeling of regroovable tires. Authority: Secs. 119, 204, 80 Stat. 728, 729 (15 U.S.C. 1407, 1424); and Secretary's delegation of authority, 49 CFR 1.4(c). Sec. 569.1 Purpose and scope. This part sets forth the conditions under which regrooved and regroovable tires manufactured or regrooved after the effective date of the regulation may be sold, offered for sale, introduced for sale or delivered for introduction into interstate commerce. [42 FR 21613, Apr. 28, 1977] Sec. 569.3 Definitions. (a) Statutory definitions. All terms used in this part that are defined in section 102 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391) are used as defined in the Act. (b) Motor Vehicle Safety Standard definitions. Unless otherwise indicated, all terms used in this part that are defined in the Motor Vehicle Safety Standards, part 571, of this subchapter (hereinafter ``The Standards''), are used as defined therein without regard to the applicability of a standard in which a definition is contained. (c) Regroovable tire means a tire, either original tread or retread, designed and constructed with sufficient tread material to permit renewal of the tread pattern or the generation of a new tread pattern in a manner which conforms to this part. (d) Regrooved tire means a tire, either original tread or retread, on which the tread pattern has been renewed or a new tread has been produced by cutting into the tread of a worn tire to a depth equal to or deeper than the molded original groove depth. [34 FR 1150, Jan. 24, 1969. Redesignated at 35 FR 5118, Mar. 26, 1970] Sec. 569.5 Applicability. (a) General. Except as provided in paragraph (b) of this section, this part applies to all motor vehicle regrooved or regroovable tires manufactured or regrooved after the effective date of the regulation. (b) Export. This part does not apply to regrooved or regroovable tires intended solely for export and so labeled or tagged. [34 FR 1150, Jan. 24, 1969. Redesignated at 35 FR 5118, Mar. 26, 1970] Sec. 569.7 Requirements. (a) Regrooved tires. (1) Except as permitted by paragraph (a)(2) of this section, no person shall sell, offer for sale, or introduce or deliver for introduction into interstate commerce regrooved tires produced by removing rubber from the surface of a worn tire tread to generate a new tread pattern. Any person who regrooves tires and leases them to owners or operators of motor vehicles and any person who regrooves his own tires for use on motor vehicles is considered to be a person delivering for introduction into interstate commerce within the meaning of this part. (2) A regrooved tire may be sold, offered for sale, or introduced for sale or delivered for introduction into interstate commerce only if it conforms to each of the following requirements: (i) The tire being regrooved shall be a regroovable tire; (ii) After regrooving, cord material below the grooves shall have a protective covering of tread material at least \3/32\-inch thick; (iii) After regrooving, the new grooves generated into the tread material and any residual original molded tread groove which is at or below the new regrooved depth shall have a minimum of 90 linear inches of tread edges per linear foot of the circumference; (iv) After regrooving, the new groove width generated into the tread material shall be a minimum of \3/16\-inch and a maximum of \5/16\-inch; (v) After regrooving, all new grooves cut into the tread shall provide unobstructed fluid escape passages; and (vi) After regrooving, the tire shall not contain any of the following defects, as determined by a visual examination of the tire either mounted on the rim, or dismounted, whichever is applicable: [[Page 287]] (A) Cracking which extends to the fabric, (B) Groove cracks or wear extending to the fabric, or (C) Evidence of ply, tread, or sidewall separation; (vii) If the tire is siped by cutting the tread surface without removing rubber, the tire cord material shall not be damaged as a result of the siping process, and no sipe shall be deeper than the original or retread groove depth. (b) Siped regroovable tires. No person shall sell, offer for sale, or introduce for sale or deliver for introduction into interstate commerce a regroovable tire that has been siped by cutting the tread surface without removing rubber if the tire cord material is damaged as a result of the siping process, or if the tire is siped deeper than the original or retread groove depth. [39 FR 15039, Apr. 30, 1974, as amended at 42 FR 21613, Apr. 28, 1977] Sec. 569.9 Labeling of regroovable tires. (a) Regroovable tires. After August 30, 1969, each tire designed and constructed for regrooving shall be labeled on both sidewalls with the word ``Regroovable'' molded on or into the tire in raised or recessed letters 0.025 to 0.040 inch. The word ``Regroovable'' shall be in letters 0.38 to 0.50 inch in height and not less than 4 inches and not more than 6 inches in length. The lettering shall be located in the sidewall of the tire between the maximum section width and the bead in an area which will not be obstructed by the rim flange. [34 FR 1150, Jan. 24, 1969; 34 FR 1830, Feb. 7, 1969] PART 570_VEHICLE IN USE INSPECTION STANDARDS--Table of Contents Subpart A_Vehicles With GVWR of 10,000 Pounds or Less Sec. 570.1 Scope. 570.2 Purpose. 570.3 Applicability. 570.4 Definitions. 570.5 Service brake system. 570.6 Brake power unit. 570.7 Steering systems. 570.8 Suspension systems. 570.9 Tires. 570.10 Wheel assemblies. Subpart B_Vehicles With GVWR of More Than 10,000 Pounds 570.51 Scope. 570.52 Purpose. 570.53 Applicability. 570.54 Definitions. 570.55 Hydraulic brake system. 570.56 Vacuum brake assist unit and vacuum brake system. 570.57 Air brake system and air-over-hydraulic brake subsystem. 570.58 Electric brake system. 570.59 Service brake system. 570.60 Steering system. 570.61 Suspension system. 570.62 Tires. 570.63 Wheel assemblies. Authority: Secs. 103, 108, 119, Pub. L. 89-563, 80 Stat. 718 (15 U.S.C. 1392, 1397, 1407); delegation of authority at 49 CFR 1.50. Subpart A_Vehicles With GVWR of 10,000 Pounds or Less Source: 38 FR 23950, Sept. 5, 1973, unless otherwise noted. Sec. 570.1 Scope. This part specifies standards and procedures for inspection of hydraulic service brake systems, steering and suspension systems, and tire and wheel assemblies of motor vehicles in use. Sec. 570.2 Purpose. The purpose of this part is to establish criteria for the inspection of motor vehicles by State inspection systems, in order to reduce death and injuries attributable to failure or inadequate performance of motor vehicle systems. Sec. 570.3 Applicability. This part does not in itself impose requirements on any person. It is intended to be implemented by States through the highway safety program standards issued under the Highway Safety Act (23 U.S.C. 402) with respect to inspection of motor vehicles with gross vehicle weight rating of 10,000 pounds or less, except motorcycles or trailers. Sec. 570.4 Definitions. Unless otherwise indicated, all terms used in this part that are defined in 49 CFR part 571, Motor Vehicle Safety [[Page 288]] Standards, are used as defined in that part. Sec. 570.5 Service brake system. Unless otherwise noted, the force to be applied during inspection procedures to power-assisted and full-power brake systems is 25 lb, and to all other systems, 50 lb. (a) Failure indicator. The brake system failure indicator lamp, if part of a vehicle's original equipment, shall be operable. (This lamp is required by Federal Motor Vehicle Safety Standard No. 105, 49 CFR 571.105, on every new passenger car manufactured on or after January 1, 1968, and on other types of motor vehicles manufactured on or after September 1, 1975.) (1) Inspection procedure. Apply the parking brake and turn the ignition to start, or verify lamp operation by other means indicated by the vehicle manufacturer that the brake system failure indicator lamp is operable. (b) Brake system integrity. The brake system shall demonstrate integrity as indicated by no perceptible decrease in pedal height under a 125 pound force applied to the brake pedal or by no illumination of the brake system failure indicator lamp. The brake system shall withstand the application of force to the pedal without failure of any line or other part. (1) Inspection procedures. With the engine running on vehicles equipped with power brake systems, and the ignition turned to ``on'' in other vehicles, apply a force of 125 pounds to the brake pedal and hold for 10 seconds. Note any decrease in pedal height, and whether the lamp illuminates. (c) Brake pedal reserve. When the brake pedal is fully depressed, the distance that the pedal has traveled from its free position shall be not greater than 80 percent of the total distance from its free position to the floorboard or other object that restricts pedal travel. (1) Inspection procedure. Measure the distance (A) from the free pedal position to the floorboard or other object that restricts brake pedal travel. Depress the brake pedal, and with the force applied measure the distance (B) from the depressed pedal position to the floorboard or other object that restricts pedal travel. Determine the percentage as [(A-B)/A] x 100. The engine must be operating when power-assisted brakes are checked. The pedal reserve check is not required for vehicles equipped with full power (central hydraulic) brake systems, or to vehicles with brake systems designed to operate with greater than 80 percent pedal travel. (d) Service brake performance. Compliance with one of the following performance criteria will satisfy the requirements of this section. Verify that tire inflation pressure is within the limits recommended by vehicle manufacturer before conducting either of the following tests. (1) Roller-type or drive-on platform tests. The force applied by the brake on a front wheel or a rear wheel shall not differ by more than 20 percent from the force applied by the brake on the other front wheel or the other rear wheel respectively. (i) Inspection procedure. The vehicle shall be tested on a drive-on platform, or a roller-type brake analyzer with the capability of measuring equalization. The test shall be conducted in accordance with the test equipment manufacturer's specifications. Note the left to right brake force variance. (2) Road test. The service brake system shall stop the vehicle in a distance of 25 feet or less from a speed of 20 miles per hour without leaving a 12-foot-wide lane. (i) Inspection procedure. The road test shall be conducted on a level (not to exceed plus or minus one percent grade) dry, smooth, hard- surfaced road that is free from loose material, oil, or grease. The service brakes shall be applied at a vehicle speed of 20 miles per hour and the vehicle shall be brought to a stop as specified. Measure the distance required to stop. (e) Brake hoses and assemblies. Brake hoses shall not be mounted so as to contact the vehicle body or chassis. Hoses shall not be cracked, chafed, or flattened. Protective devices, such as ``rub rings,'' shall not be considered part of the hose or tubing. [[Page 289]] (1) Inspection procedure. Examine visually, inspecting front brake hoses through all wheel positions from full left to full right for conditions indicated. Note: To inspect for paragraphs (f), (g), and (h) of this section, remove at a minimum one front wheel and one rear wheel. (f) Disc and drum condition. If the drum is embossed with a maximum safe diameter dimension or the rotor is embossed with a minimum safety thickness dimension, the drum or disc shall be within the appropriate specifications. These dimensions will be found on motor vehicles manufactured since January 1, 1971, and may be found on vehicles manufactured for several years prior to that time. If the drums and discs are not embossed, the drums and discs shall be within the manufacturer's specifications. (1) Inspection procedure. Examine visually for condition indicated, measuring as necessary. (g) Friction materials. On each brake the thickness of the lining or pad shall not be less than one thirty-second of an inch over the rivet heads, or the brake shoe on bonded linings or pads. Brake linings and pads shall not have cracks or breaks that extend to rivet holes except minor cracks that do not impair attachment. Drum brake linings shall be securely attached to brake shoes. Disc brake pads shall be securely attached to shoe plates. (1) Inspection procedure. Examine visually for conditions indicated, and measure height of rubbing surface of lining over rivet heads. Measure bonded lining thickness over shoe surface at the thinnest point on the lining or pad. (h) Structural and mechanical parts. Backing plates and caliper assemblies shall not be deformed or cracked. System parts shall not be broken, misaligned, missing, binding, or show evidence of severe wear. Automatic adjusters and other parts shall be assembled and installed correctly. (1) Inspection procedure. Examine visually for conditions indicated. [38 FR 23950, Sept. 5, 1973; 38 FR 25685, Sept. 14, 1973, as amended at 39 FR 12868, Apr. 9, 1974; 39 FR 17321, May 15, 1974] Sec. 570.6 Brake power unit. (a) Vacuum hoses shall not be collapsed, abraded, broken, improperly mounted, or audibly leaking. With residual vacuum exhausted and a constant 25 pound force on the brake pedal, the pedal shall fall slightly when the engine is started, demonstrating integrity of the power assist system. This test is not applicable to vehicles equipped with full power brake system as the service brake performance test shall be considered adequate test of system performance. (1) Inspection procedure. With engine running, examine hoses visually and aurally for conditions indicated. Stop engine and apply service brakes several times to destroy vacuum in system. Depress brake pedal with 25 pounds of force and while maintaining that force, start the engine. If brake pedal does not fall slightly under force when the engine starts, there is a malfunction in the power assist system. Sec. 570.7 Steering systems. (a) System play. Lash or free play in the steering system shall not exceed values shown in Table 1. (1) Inspection procedure. With the engine on and the wheels in the straight ahead position, turn the steering wheel in one direction until there is a perceptible movement of a front wheel. If a point on the steering wheel rim moves more than the value shown in Table 1 before perceptible return movement of the wheel under observation, there is excessive lash or free play in the steering system. Table 1--Steering System Free Play Values ------------------------------------------------------------------------ Lash Steering wheel diameter (inches) (inches) ------------------------------------------------------------------------ 16 or less.................................................. 2 18.......................................................... 2\1/4\ 20.......................................................... 2\1/2\ 22.......................................................... 2\3/4\ ------------------------------------------------------------------------ (b) Linkage play. Free play in the steering linkage shall not exceed one-quarter of an inch. (1) Inspection procedure. Elevate the front end of the vehicle to load the ball joints. Insure that wheel bearings are correctly adjusted. Grasp the front and rear of a tire and attempt to turn the [[Page 290]] tire and wheel assembly left and right. If the free movement at the front or rear tread of the tire exceeds one-quarter inch there is excessive steering linkage play. (c) Free turning. Steering wheels shall turn freely through the limit of travel in both directions. (1) Inspection procedure. Turn off steering wheel through the limit of travel in both directions. Feel for binding or jamming in the steering gear mechanism. (d) Alignment. Toe-in and toe-out measurements shall not be greater than 1.5 times the value listed in the vehicle manufacturer's service specification for alignment setting. (1) Inspection procedure. Verify that toe-in or toe-out is not greater than 1.5 times the values listed in the vehicle manufacturer's service specification for alignment settings as measured by a bar-type scuff gauge or other toe-in measuring device. Values to convert toe-in readings in inches to scuff gauge readings in ft/mi side-slip for different wheel sizes are provided in Table I. Tire diameters used in computing scuff gauge readings are based on the average maximum tire dimensions of grown tires in service for typical wheel and tire assemblies. Table I--Toe-in Settings From Vehicle MFR's Service Specifications -------------------------------------------------------------------------------------------------------------------------------------------------------- Nominal Readings in feet per mile sideslip tire ----------------------------------------------------------------------------------------- Wheel size (inches) diameter \1/16\ \3/16\ \5/16\ \7/16\ \9/16\ (inches) in \1/8\ in in \1/4\ in in \3/8\ in in \1/2\ in in -------------------------------------------------------------------------------------------------------------------------------------------------------- 13.................................................. 25.2 13.1 26.2 39.3 52.4 65.5 78.6 91.7 104.8 117.9 14.................................................. 26.4 12.5 25.0 37.5 50.0 62.5 75.0 87.5 100.0 112.5 15.................................................. 28.5 11.5 23.0 34.5 46.0 57.5 69.0 80.5 92.0 103.5 16.................................................. 35.6 9.3 18.6 27.9 37.2 46.5 55.8 65.1 74.4 83.7 -------------------------------------------------------------------------------------------------------------------------------------------------------- (e) Power steering system. The power steering system shall not have cracked or slipping belts, or insufficient fluid in the reservoir. (1) Inspection procedure. Examine fluid reservoir and pump belts for conditions indicated. [38 FR 23950, Sept. 5, 1973, as amended at 39 FR 12868, Apr. 9, 1974] Sec. 570.8 Suspension systems. (a) Suspension condition. Ball joint seals shall not be cut or cracked. Structural parts shall not be bent or damaged. Stabilizer bars shall be connected. Springs shall not be broken, or extended above the vehicle manufacturer's design height. Spacers, if installed, shall be installed on both front springs, both rear springs, or on all four springs. Shock absorber mountings, shackles, and U-bolts shall be securely attached. Rubber bushings shall not be cracked, extruded out from or missing from suspension joints. Radius rods shall not be missing or damaged. (1) Inspection procedure. Examine front and rear end suspension parts for conditions indicated. (b) Shock absorber condition. There shall be no oil on the shock absorber housing attributable to leakage by the seal, and the vehicle shall not continue free rocking motion for more than two cycles. (1) Inspection procedure. Examine shock absorbers for oil leaking from within, then with vehicle on a level surface, push down on one end of vehicle and release. Note number of cycles of free rocking motion. Repeat procedure at other end of vehicle. [38 FR 23950, Sept. 5, 1973, as amended at 44 FR 68470, Nov. 29, 1979] Sec. 570.9 Tires. (a) Tread depth. The tread on each tire shall be not less than two thirty-seconds of an inch deep. (1) Inspection procedure. Passenger car tires have tread depth indicators that become exposed when tread depth is less than two thirty- seconds of an inch. Inspect for indicators in any two adjacent major grooves at three locations spaced approximately equally around the outside of the tire. For vehicles other than passenger cars, it may be [[Page 291]] necessary to measure tread depth with a tread gauge. (b) Type. Vehicle shall be equipped with tires on the same axle that are matched in tire size designation, construction, and profile. (1) Inspection procedures. Examine visually. A major mismatch in tire size designation, construction, and profile between tires on the same axle, or a major deviation from the size as recommended by the manufacturer (e.g., as indicated on the glove box placard on 1968 and later passenger cars) are causes for rejection. (c) General condition. Tires shall be free from chunking, bumps, knots, or bulges evidencing cord, ply, or tread separation from the casing or other adjacent materials. (1) Inspection procedure. Examine visually for conditions indicated. (d) Damage. Tire cords or belting materials shall not be exposed, either to the naked eye or when cuts or abrasions on the tire are probed. (1) Inspection procedures. Examine visually for conditions indicated, using a blunt instrument if necessary to probe cuts or abrasions. [38 FR 23950, Sept. 5, 1973, as amended at 39 FR 12868, Apr. 9, 1974; 39 FR 19781, June 4, 1974] Sec. 570.10 Wheel assemblies. (a) Wheel integrity. A tire rim, wheel disc, or spider shall have no visible cracks, elongated bolt holes, or indication of repair by welding. (1) Inspection procedure. Examine visually for conditions indicated. (b) Deformation. The lateral and radial runout of each rim bead area shall not exceed one-eighth of an inch of total indicated runout. (1) Inspection procedure. Using a runout indicator gauge, and a suitable stand, measure lateral and radial runout of rim bead through one full wheel revolution and note runout in excess of one-eighth of an inch. (c) Mounting. All wheel nuts and bolts shall be in place and tight. (1) Inspection procedure. Check wheel retention for conditions indicated. [38 FR 23950, Sept. 5, 1973, as amended at 39 FR 12868, Apr. 9, 1974] Subpart B_Vehicles With GVWR of More Than 10,000 Pounds Source: 39 FR 26027, July 16, 1974, unless otherwise noted. Sec. 570.51 Scope. This part specifies standards and procedures for the inspection of brake, steering and suspension systems, and tire and wheel assemblies, of motor vehicles in use with a gross vehicle weight rating of more than 10,000 pounds. Sec. 570.52 Purpose. The purpose of this part is to establish criteria for the inspection of motor vehicles through State inspection programs, in order to reduce deaths and injuries attributable to failure or inadequate performance of the motor vehicle systems covered by this part. Sec. 570.53 Applicability. This part does not in itself impose requirements on any person. It is intended to be implemented by States through the highway safety program standards issued under the Highway Safety Act (23 U.S.C. 402) with respect to inspection of motor vehicles with gross vehicle weight rating greater than 10,000 pounds, except mobile structure trailers. [39 FR 28980, Aug. 13, 1974] Sec. 570.54 Definitions. Unless otherwise indicated, all terms used in this part that are defined in part 571 of this chapter, Motor Vehicle Safety Standards, are used as defined in that part. Air-over-hydraulic brake subsystem means a subsystem of the air brake that uses compressed air to transmit a force from the driver control to a hydraulic brake system to actuate the service brakes. Electric brake system means a system that uses electric current to actuate the service brake. Vacuum brake system means a system that uses a vacuum and atmospheric pressure for transmitting a force from the driver control to the service brake, but does not include a system that uses [[Page 292]] vacuum only to assist the driver in applying muscular force to hydraulic or mechanical components. Sec. 570.55 Hydraulic brake system. The following requirements apply to vehicles with hydraulic brake systems. (a) Brake system failure indicator. The hydraulic brake system failure indicator lamp, if part of a vehicle's original equipment, shall be operable. (1) Inspection procedure. Apply the parking brake and turn the ignition to start to verify that the brake system failure indicator lamp is operable, or verify by other means recommended by the vehicle manufacturer. (b) Brake system integrity. The hydraulic brake system shall demonstrate integrity as indicated by no perceptible decrease in pedal height under a 125-pound force applied to the brake pedal and by no illumination of the brake system failure indicator lamp. The brake system shall withstand the application of force to the pedal without failure of any tube, hose or other part. (1) Inspection procedure. With the engine running in vehicles equipped with power brake systems and the ignition turned to ``on'' in other vehicles, apply a force of 125 pounds to the brake pedal and hold for 10 seconds. Note any additional decrease in pedal height after the initial decrease, and whether the brake system failure indicator lamp illuminates. (c) Brake pedal reserve. When the brake pedal is depressed with a force of 50 pounds, the distance that the pedal has traveled from its free position shall be not greater than 80 percent of the total distance from its free position to the floorboard or other object that restricts pedal travel. The brake pedal reserve test is not required for vehicles with brake systems designed by the original vehicle, manufacturer to operate with greater than 80 percent pedal travel. (1) Inspection procedure. Measure the distance (i) from the free pedal position to the floor board or other object that restricts brake pedal travel. Depress the brake pedal, and with the force applied measure the distance (ii) from the depressed pedal position to the floor board or other object that restricts pedal travel. Determine the pedal travel percentage as [(A - B) / A] x 100 The engine must be operating when power-assisted brakes are checked. (d) Brake hoses, master cylinder, tubes and tube assemblies. Hydraulic brake hoses shall not be mounted so as to contact the vehicle body or chassis. Hoses shall not be cracked, chafed, or flattened. Brake tubes shall not be flattened or restricted. Brake hoses and tubes shall be attached or supported to prevent damage by vibration or abrasion. Master cylinder shall not show signs of leakage. Hose or tube protective rings or devices shall not be considered part of the hose or tubing. (1) Inspection procedure. Examine visually brake master cylinder, hoses and tubes, including front brake hoses, through all wheel positions from full left turn to full right turn for conditions indicated. [39 FR 26027, July 16, 1974, as amended at 40 FR 5160, Feb. 4, 1975] Sec. 570.56 Vacuum brake assist unit and vacuum brake system. The following requirements apply to vehicles with vacuum brake assist units and vacuum brake systems. (a) Vacuum brake assist unit integrity. The vacuum brake assist unit shall demonstrate integrity as indicated by a decrease in pedal height when the engine is started and a constant 50-pound force is maintained on the pedal. (1) Inspection procedure. Stop the engine and apply service brake several times to destroy vacuum in system. Depress the brake pedal with 50 pounds of force and while maintaining that force, start the engine. If the brake pedal does not move slightly under force when the engine starts, there is a malfunction in the power assist unit. (b) Low-vacuum indicator. If the vehicle has a low-vacuum indicator, the indicator activation level shall not be less than 8 inches of mercury. (1) Inspection procedure. Run the engine to evacuate the system fully. Shut off the engine and slowly reduce the vacuum in the system by moderate brake applications until the vehicle [[Page 293]] vacuum gauge reads 8 inches of mercury. Observe the functioning of the low-vacuum indicator. (c) Vacuum brake system integrity. (1) The vacuum brake system shall demonstrate integrity by meeting the following requirements: (i) The vacuum brake system shall provide vacuum reserve to permit one service brake application with a brake pedal force of 50 pounds after the engine is turned off without actuating the low vacuum indicator. (ii) Trailer vacuum brakes shall operate in conjunction with the truck or truck tractor brake pedal. (2) Inspection procedure. (i) Check the trailer vacuum system by coupling trailer(s) to truck or truck tractor and opening trailer shutoff valves. Start the engine and after allowing approximately 1 minute to build up the vacuum, apply and release the brake pedal. In the case of trailer brakes equipped with brake chamber rods, observe the chamber rod movement. Run the engine to re-establish maximum vacuum, then shut off the engine and apply the brakes with a 50-pound force on the brake pedal. Note the brake application and check for low-vacuum indicator activation. (ii) For a combination vehicle equipped with breakaway protection and no reservoir on the towing vehicle supply line, close the supply line shutoff valve and disconnect the supply line. Apply a 50-pound force to the brake pedal on the towing vehicle and release. Trailer brakes should remain in the applied position. (d) Vacuum system hoses, tubes and connections. Vacuum hoses, tubes and connections shall be in place and properly supported. Vacuum hoses shall not be collapsed, cracked or abraded. (1) Inspection procedure. With the engine running, examine hoses and tubes for the conditions indicated and note broken or missing clamps. Sec. 570.57 Air brake system and air-over-hydraulic brake subsystem. The following requirements apply to vehicles with air brake and air- over-hydraulic brake systems. Trailer(s) must be coupled to a truck or truck-tractor for the purpose of this inspection, except as noted. (a) Air brake system integrity. The air brake system shall demonstrate integrity by meeting the following requirements: (1) With the vehicle in a stationary position, compressed air reserve shall be sufficient to permit one full service brake application, after the engine is stopped and with the system fully charged, without lowering reservoir pressure more than 20 percent below the initial reading. (2) The air brake system compressor shall increase the air pressure in the reservoir(s) from the level developed after the test prescribed in Sec. 570.57(a)(1) to the initial pressure noted before the full brake application, with the engine running at the manufacturer's maximum recommended number of revolutions per minute with the compressor governor in the cut-off position, in not more than 30 seconds for vehicles manufactured prior to March 1, 1975. For vehicles, manufactured on or after March 1, 1975, the time allowed for air pressure buildup shall not exceed 45 seconds. (3) The warning device (visual or audible) connected to the brake system air pressure source shall be activated when air pressure is lowered to an activating level that is not less than 50 psi. For vehicles manufactured to conform to Federal Motor Vehicle Safety Standard No. 121, the low-pressure indicator shall be activated when air pressure is lowered to an activating level that is not less than 60 psi. (4) The governor cut-in pressure shall be not lower than 80 psi, and the cut-out pressure shall be not higher than 135 psi, unless other values are recommended by the vehicle manufacturer. (5) Air brake pressure shall not drop more than 2 psi in 1 minute for single vehicles or more than 3 psi in 1 minute for combination vehicles, with the engine stopped and service brakes released. There may be an additional 1 psi drop per minute for each additional towed vehicle. (6) With the reservoir(s) fully charged, air pressure shall not drop more than 3 psi in 1 minute for single vehicles or more than 4 psi in 1 minute for combination vehicles, with the engine stopped and service brakes fully [[Page 294]] applied. There may be an additional 1 psi drop per minute for each additional towed vehicle. (7) The compressor drive belt shall not be badly worn or frayed and belt-tension shall be sufficient to prevent slippage. Inspection procedure. With the air system charged, open the drain cocks in the service and supply reservoir on the truck or truck-tractor. Note the pressure at which the visual or audible warning device connected to the low-pressure indicator is activated. Close the drain cocks, and, with the trailer(s) uncoupled, check air pressure buildup at the manufacturer's recommended engine speed. Observe the time required to raise the air pressure from 85 to 100 psi. Continue running the engine until the governor cuts out and note the pressure. Reduce engine speed to idle, couple the trailer(s), if applicable, and make a series of brake applications. Note the pressure at which the governor cuts in. Increased engine speed to fast idle and charge the system to its governed pressure. Stop the engine and record the pressure drop in psi per minute with brakes released and with brakes fully applied. (b) Air brake system hoses, tubes and connections. Air system tubes, hoses and connections shall not be restricted, cracked or improperly supported, and the air hose shall not be abraded. (1) Inspection procedure. Stop the engine and examine air hoses, tubes and connections visually for conditions specified. (c) Air-over-hydraulic brake subsystem integrity. The air-over- hydraulic brake subsystem shall demonstrate integrity by meeting the following requirements: (1) The air brake system compressor shall increase the air pressure in the reservoir(s) from the level developed after the test prescribed in Sec. 570.57(a)(1) to the initial pressure noted before the full brake application, with the engine running at the manufacturer's recommended number of revolutions per minute and the compressor governor in the cut-out position, in not more than 30 seconds for vehicles manufactured prior to March 1, 1975. For vehicles manufactured on or after March 1, 1975, the time for air pressure build up shall not exceed 45 seconds. (2) The warning device (visual or audible) connected to the brake system air pressure source shall be activated when the air pressure is lowered to not less than 50 psi. (3) The governor cut-in pressure shall be not lower than 80 psi, and the cut-out pressure shall not be higher than 135 psi, unless other values are recommended by the vehicle manufacturer. (4) Air brake pressure shall not drop more than 2 psi in 1 minute for single vehicles or more than 3 psi in 1 minute for combination vehicles, with the engine stopped and service brakes released. Allow a 1-psi drop per minute for each additional towed vehicle. (5) With the reservoir(s) fully charged, air pressure shall not drop more than 3 psi in 1 minute for single vehicles or more than 4 psi in 1 minute for combination vehicles, with the engine stopped and service brakes fully applied. Allow a 1-psi pressure drop in 1 minute for each additional towed vehicle. (6) The compressor drive belt shall not be badly worn or frayed and belt tension shall be sufficient to prevent slippage. Inspection procedure. With the air system charged, open the drain cocks in the service and supply reservoir on the truck or truck-tractor. Note the pressure at which the visual or audible warning device connected to the low pressure indicator is activated. Close the drain cocks and, with the trailers uncoupled, check air pressure buildup at the manufacturer's recommended engine speed. Observe the time required to raise the air pressure from 85 to 100 psi. Continue running the engine until the governor cuts out and note the pressure. Reduce engine speed to idle, couple trailers, and make a series of brake applications. Note the pressure at which the governor cuts in. Increase engine speed to fast idle and charge the system to its governed pressure. Stop the engine and record the pressure drop in psi per minute with brakes released and with brakes fully applied. [[Page 295]] (d) Air-over-hydraulic brake subsystem hoses, master cylinder, tubes and connections. System tubes, hoses and connections shall not be cracked or improperly supported, the air and hydraulic hoses shall not be abraded and the master cylinder shall not show signs of leakage. (1) Inspection procedure. Stop the engine and examine air and hydraulic brake hoses, brake master cylinder, tubes and connections visually for conditions specified. [39 FR 26027, July 16, 1974, as amended at 40 FR 5160, Feb. 4, 1975; 41 FR 13924, Apr. 1, 1976] Sec. 570.58 Electric brake system. (a) Electric brake system integrity. The average brake amperage value shall be not more than 20 percent above, and not less than 30 percent below, the brake manufacturer's maximum current rating. In progressing from zero to maximum, the ammeter indication shall show no fluctuation evidencing a short circuit or other interruption of current. (1) Inspection procedure. Insert a low range (0 to 25 amperes for most 2- and 4-brake systems and 0 to 40 amperes for a 6-brake system) d.c. ammeter into the brake circuit between the controller and the brakes. With the controller in the ``off'' position, the ammeter should read zero. Gradually apply the controller to the ``full on'' position for a brief period (not to exceed 1 minute) and observe the maximum ammeter reading. Gradually return the controller to ``full off'' and observe return to zero amperes. Divide the maximum ammeter reading by the number of brakes and determine the brake amperage value. (b) Electric brake wiring condition. Electric brake wiring shall not be frayed. Wiring clips or brackets shall not be broken or missing. Terminal connections shall be clean. Conductor wire gauge shall not be below the brake manufacturer's minimum recommendation. (1) Inspection procedure. Examine visually for conditions specified. Sec. 570.59 Service brake system. (a) Service brake performance. Compliance with any one of the following performance criteria will satisfy the requirements of this section. Verify that tire inflation pressure is within the limits recommended by the vehicle manufacturer before conducting either of the following tests. (1) Roller-type or drive-on platform tests. The force applied by the brake on a front wheel or a rear wheel shall not differ by more than 25 percent from the force applied by the brake on the other front wheel or the other rear wheel respectively. (i) Inspection procedure. The vehicle shall be tested on a drive-on platform, or a roller-type brake analyzer with the capability of measuring equalization. The test shall be conducted in accordance with the test equipment manufacturer's specifications. Note the brake force variance. (2) Road test. The service brake system shall stop single unit vehicles, except truck-tractors, in a distance of not more than 35 feet, or combination vehicles and truck-tractors in a distance of not more than 40 feet, from a speed of 20 mph, without leaving a 12-foot-wide lane. (i) Inspection procedure. The road test shall be conducted on a level (not to exceed plus or minus 1 percent grade), dry, smooth, hard- surfaced road that is free from loose material, oil or grease. The service brakes shall be applied at a vehicle speed of 20 mph and the vehicle shall be brought to a stop as specified. Measure the distance required to stop. Note: Inspect for paragraphs (b), (c) and (d) of this section on vehicles equipped with brake inspection ports or access openings, and when removal of wheel is not required. (b) Disc and drum condition. If the drum is embossed with a maximum safe diameter dimension or the rotor is embossed with a minimum safe thickness dimension, the drum or disc shall be within the appropriate specifications. These dimensions will generally be found on motor vehicles manufactured since January 1, 1971, and may be found on vehicles manufactured for several years prior to that time. If the drums and discs are not embossed, they shall be within the manufacturer's specifications. (1) Inspection procedure. Examine visually for the condition indicated, measuring as necessary. [[Page 296]] (c) Friction materials. On each brake, the thickness of the lining or pad shall not be less than one thirty-second of an inch over the fastener, or one-sixteenth of an inch over the brake shoe on bonded linings or pads. Brake linings and pads shall not have cracks or breaks that extend to rivet holes except minor cracks that do not impair attachment. The wire in wire-backed lining shall not be visible on the friction surface. Drum brake linings shall be securely attached to brake shoes. Disc brake pads shall be securely attached to shoe plates. (1) Inspection procedure. Examine visually for the conditions indicated, and measure the height of the rubbing surface of the lining over the fastener heads. Measure bonded lining thickness over the surface at the thinnest point on the lining or pad. (d) Structural and mechanical parts. Backing plates, brake spiders and caliper assemblies shall not be deformed or cracked. System parts shall not be broken, misaligned, missing, binding, or show evidence of severe wear. Automatic adjusters and other parts shall be assembled and installed correctly. (1) Inspection procedure. Examine visually for conditions indicated. Sec. 570.60 Steering system. (a) System play. Lash or free play in the steering system shall not exceed the values shown in Table 2. (1) Inspection procedure. With the engine on and the steering axle wheels in the straight ahead position, turn the steering wheel in one direction until there is a perceptible movement of the wheel. If a point on the steering wheel rim moves more than the value shown in Table 1 before perceptible return movement of the wheel under observation, there is excessive lash or free play in the steering system. Table 2. Steering Wheel Free Play Values ------------------------------------------------------------------------ Lash Steering wheel diameter (inches) (inches) ------------------------------------------------------------------------ 16 or less.................................................. 2 18.......................................................... 2\1/4\ 20.......................................................... 2\1/2\ 22.......................................................... 2\3/4\ ------------------------------------------------------------------------ (b) Linkage play. Free play in the steering linkage shall not exceed the values shown in Table 3. (1) Inspection procedure. Elevate the front end of the vehicle to load the ball joints, if the vehicle is so equipped. Insure that wheel bearings are correctly adjusted. Grasp the front and rear of a tire and attempt to turn the tire and wheel assemble left and right. If the free movement at the front or rear tread of the tire exceeds the applicable value shown in Table 3, there is excessive steering linkage play. Table 3. Front Wheel Steering Linkage Free Play ------------------------------------------------------------------------ Play Nominal bead diameter or rim size (inches) (inches) ------------------------------------------------------------------------ 16 or less.................................................. \1/4\ 16.01 through 18.00......................................... \3/8\ 18.01 or more............................................... \1/2\ ------------------------------------------------------------------------ (c) Free turning. Steering wheels shall turn freely through the limit of travel in both directions. (1) Inspection procedure. With the engine running on a vehicle with power steering, or the steerable wheels elevated on a vehicle without power steering, turn the steering wheel through the limit of travel in both directions. Feel for binding or jamming in the steering gear mechanism. (d) Alignment. Toe-in or toe-out condition shall not be greater than 1.5 times the values listed in the vehicle manufacturer's service specification for alignment setting. (1) Inspection procedure. Drive the vehicle over a sideslip indicator or measure with a tread gauge, and verify that the toe-in or toe-out is not greater than 1.5 times the values listed in the vehicle manufacturer's service specification. (e) Power steering system. The power steering system shall not have cracked, frayed or slipping belts, chafed or abrated hoses, show signs of leakage or have insufficient fluid in the reservoir. (1) Inspection procedure. Examine fluid reservoir, hoses and pump belts for the conditions indicated. Note: Inspection of the suspension system must not precede the service brake performance test. [[Page 297]] Sec. 570.61 Suspension system. (a) Suspension condition. Ball joint seals shall not be cut or cracked, other than superficial surface cracks. Ball joints and kingpins shall not be bent or damaged. Stabilizer bars shall be connected. Springs shall not be broken and coil springs shall not be extended by spacers. Shock absorber mountings, shackles, and U-bolts shall be securely attached. Rubber bushings shall not be cracked, extruded out from or missing from suspension joints. Radius rods shall not be missing or damaged. (1) Inspection procedure. Examine front and rear end suspension parts for the conditions indicated. (b) Shock absorber condition. There shall be no oil on the shock absorber housings attributable to leakage by the seal. (1) Inspection procedure. Examine shock absorbers for oil leakage from within. Sec. 570.62 Tires. (a) Tread depth. The tread shall be not less than four thirty- seconds of an inch deep on each front tire of any vehicle other than a trailer and not less than two thirty-seconds of an inch on all other tires. (1) Inspection procedure. For tires with treadwear indicators, check for indicators in any two adjacent major grooves at three locations spaced approximately 120[deg] apart around the circumference of the tire. For tires without treadwear indicators, measure the tread depth with a suitable gauge or scale in two adjacent major grooves at 3 locations spaced approximately 120[deg] apart around the circumference of the tire at the area of greatest wear. (b) Type. Vehicles should be equipped with tires on the same axle that are matched in construction and tire size designation, and dual tires shall be matched for overall diameter within one-half inch. (1) Inspection procedure. Examine visually. A mismatch in size and construction between tires on the same axle, or a major deviation from the size recommended by the vehicle or tire manufacturer, is a cause for rejection. On a dual-tire arrangement the diameter of one of the duals must be within one-half inch of the other as measured by a gauge block inserted between the tire and a caliper. (c) General condition. Tires shall be free from chunking, bumps, knots, or bulges evidencing cord, ply or tread separation from the casing. (1) Inspection procedure. Examine visually for the conditions indicated. (d) Damage. Tire cords or belting materials shall not be exposed, either to the naked eye or when cuts on the tire are probed. Reinforcement repairs to the cord body are allowable on tires other than front-mounted tires. (1) Inspection procedure. Examine visually for the conditions indicated, using a blunt instrument if necessary to probe cuts and abrasions. (e) Special purpose tires. Tires marked ``Not For Highway Use'' or ``Farm Use Only'' or other such restrictions shall not be used on any motor vehicles operating on public highways. (1) Inspection procedure. Examine visually for tires labeled with specific restrictions. Sec. 570.63 Wheel assemblies. (a) Wheel integrity. A tire rim, wheel disc or spider shall have no visible cracks, elongated bolt holes, or indications of in-service repair by welding. (1) Inspection procedure. Examine visually for the conditions indicated. (b) Cast wheels. Cast wheels shall not be cracked or show evidence of excessive wear in the clamp area. (1) Inspection procedure. Examine visually for the conditions indicated. (c) Mounting. All wheel nuts shall be in place and tight. (1) Inspection procedure. Check wheel retention for the conditions indicated. PART 571_FEDERAL MOTOR VEHICLE SAFETY STANDARDS--Table of Contents Subpart A_General Sec. 571.1 Scope. 571.3 Definitions. 571.4 Explanation of usage. 571.5 Matter incorporated by reference. 571.7 Applicability. 571.8 Effective date. 571.9 Separability. 571.10 Designation of seating positions. [[Page 298]] Subpart B_Federal Motor Vehicle Safety Standards 571.101 Standard No. 101; Controls and displays. 571.102 Standard No. 102; Transmission shift position sequence, starter interlock, and transmission braking effect. 571.103 Standard No. 103; Windshield defrosting and defogging systems. 571.104 Standard No. 104; Windshield wiping and washing systems. 571.105 Standard No. 105; Hydraulic and electric brake systems. 571.106 Standard No. 106; Brake hoses. 571.107 [Reserved] 571.108 Standard No. 108; Lamps, reflective devices, and associated equipment. 571.109 Standard No. 109; New pneumatic tires for vehicles manufactured from 1949 to 1975, bias ply tires, and T-type spare tires. 571.110 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. 571.111 Standard No. 111; Rear visibility. 571.112 [Reserved] 571.113 Standard No. 113; Hood latch system. 571.114 Standard No. 114; Theft protection. 571.115 [Reserved] 571.116 Standard No. 116; Motor vehicle brake fluids. 571.117 Standard No. 117; Retreaded pneumatic tires. 571.118 Standard No. 118; Power-operated window, partition, and roof panel systems. 571.119 Standard No. 119; New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds), specialty tires, and tires for motorcycles. 571.120 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). 571.121 Standard No. 121; Air brake systems. 571.122 Standard No. 122; Motorcycle brake systems. 571.122a Standard No. 122; Motorcycle brake systems. 571.123 Standard No. 123; Motorcycle controls and displays. 571.124 Standard No. 124; Accelerator control systems. 571.125 Standard No. 125; Warning devices. 571.126 Standard No. 126; Electronic stability control systems for light vehicles. 571.127-571.128 [Reserved] 571.129 Standard No. 129; New non-pneumatic tires for passenger cars. 571.131 Standard No. 131; School bus pedestrian safety devices. 571.135 Standard No. 135; Light vehicle brake systems. 571.136 Standard No. 136; Electronic stability control systems for heavy vehicles. 571.138 Standard No. 138; Tire pressure monitoring systems. 571.139 Standard No. 139; New pneumatic radial tires for light vehicles. 571.141 Standard No. 141; Minimum Sound Requirements for Hybrid and Electric Vehicles. 571.201 Standard No. 201; Occupant protection in interior impact. 571.202 Standard No. 202; Head restraints; Applicable at the manufacturers option until September 1, 2009. 571.202a Standard No. 202a; Head restraints; Mandatory applicability begins on September 1, 2009. 571.203 Standard No. 203; Impact protection for the driver from the steering control system. 571.204 Standard No. 204; Steering control rearward displacement. 571.205 Standard No. 205; Glazing materials. 571.205(a) Glazing equipment manufactured before September 1, 2006 and glazing materials used in vehicles manufactured before November 1, 2006. 571.206 Standard No. 206; Door locks and door retention components. 571.207 Standard No. 207; Seating systems. 571.208 Standard No. 208; Occupant crash protection. 571.209 Standard No. 209; Seat belt assemblies. 571.210 Standard No. 210; Seat belt assembly anchorages. 571.211 [Reserved] 571.212 Standard No. 212; Windshield mounting. 571.213 Standard No. 213; Child restraint systems. 571.213a Standard No. 213a; Child restraint systems--side impact protection. 571.214 Standard No. 214; Side impact protection. 571.215 [Reserved] 571.216 Standard No. 216; Roof crush resistance; Applicable unless a vehicle is certified to Sec. 571.216a. 571.216a Standard No. 216a; Roof crush resistance; Upgraded standard. 571.217 Standard No. 217; Bus emergency exits and window retention and release. 571.218 Standard No. 218; Motorcycle helmets. 571.219 Standard No. 219; Windshield zone intrusion. 571.220 Standard No. 220; School bus rollover protection. 571.221 Standard No. 221; School bus body joint strength. 571.222 Standard No. 222; School bus passenger seating and crash protection. 571.223 Standard No. 223; Rear impact guards. [[Page 299]] 571.224 Standard No. 224; Rear impact protection. 571.225 Standard No. 225; Child restraint anchorage systems. 571.226 Standard No. 226; Ejection Mitigation. 571.227 xxx 571.301 Standard No. 301; Fuel system integrity. 571.302 Standard No. 302; Flammability of interior materials. 571.303 Standard No. 303; Fuel system integrity of compressed natural gas vehicles. 571.304 Standard No. 304; Compressed natural gas fuel container integrity. 571.305 Standard No. 305; Electric-powered vehicles: electrolyte spillage and electrical shock protection. 571.401 Standard No. 401; Internal trunk release. 571.403 Standard No. 403; Platform lift systems for motor vehicles. 571.404 Standard No. 404; Platform lift installations in motor vehicles. 571.500 Standard No. 500; Low-speed vehicles. Appendix A to Subpart B Section 571.108 Table of Contents. Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.95. Editorial Note: Nomenclature changes to part 571 appear at 69 FR 18803, Apr. 9, 2004. Subpart A_General Sec. 571.1 Scope. This part contains the Federal Motor Vehicle Safety Standards for motor vehicles and motor vehicle equipment established under section 103 of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718). [33 FR 19703, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970] Sec. 571.3 Definitions. (a) Statutory definitions. All terms defined in section 102 of the Act are used in their statutory meaning. (b) Other definitions. As used in this chapter-- Act means the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718). Approved, unless used with reference to another person, means approved by the Secretary. Boat trailer means a trailer designed with cradle-type mountings to transport a boat and configured to permit launching of the boat from the rear of the trailer. Bus means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons. Curb weight means the weight of a motor vehicle with standard equipment; maximum capacity of engine fuel, oil, and coolant; and, if so equipped, air conditioning and additional weight optional engine. Designated seating capacity means the number of designated seating positions provided. Designated seating position means: (1) For vehicles manufactured prior to September 1, 2011, any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats. Any bench or split-bench seat in a passenger car, truck or multipurpose passenger vehicle with a GVWR less than 4,536 kilograms (10,000 pounds), having greater than 127 centimeters (50 inches) of hip room (measured in accordance with Society of Automotive Engineers (SAE) Recommended Practice J1100a, revised September 1975, ``Motor Vehicle Dimensions'' (incorporated by reference, see Sec. 571.5), shall have not less than three designated seating positions, unless the seat design or vehicle design is such that the center position cannot be used for seating. For the sole purpose of determining the classification of any vehicle sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events, any location in such vehicle intended for securement of an occupied wheelchair during vehicle operation shall be regarded as four designated seating positions. (2) For vehicles manufactured on and after September 1, 2011, designated seating position means a seat location that has a seating surface width, as described in Sec. 571.10(c) of this part, of at least 330 mm (13 inches). The number of designated seating positions at a seat location is determined according to the [[Page 300]] procedure set forth in Sec. 571.10(b) of this part. However, for trucks and multipurpose passenger vehicles with a gross vehicle weight rating greater than 10,000 lbs, police vehicles as defined in S7 of FMVSS No. 208, firefighting vehicles, ambulances, and motor homes, a seating location that is labeled in accordance with S4.4 of FMVSS No. 207 will not be considered a designated seating position. For the sole purpose of determining the classification of any vehicle sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events, any location in such a vehicle intended for securement of an occupied wheelchair during vehicle operation is regarded as four designated seating positions. Driver means the occupant of a motor vehicle seated immediately behind the steering control system. Driver air bag means the air bag installed for the protection of the occupant of the driver's designated seating position. Driver dummy means the test dummy positioned in the driver's designated seating position. Driver's designated seating position means a designated seating position providing immediate access to manually operated driving controls. As used in this part, the terms ``driver's seating position'' and ``driver's seat'' shall have the same meaning as ``driver's designated seating position.'' Emergency brake means a mechanism designed to stop a motor vehicle after a failure of the service brake system. 5th percentile adult female means a person possessing the dimensions and weight of the 5th percentile adult female specified for the total age group in ``Weight, Height, and Selected Body Dimensions of Adults: United States--1960-1962,'' first published as Public Health Service Publication No. 1000 Series 11-No. 8, June 1965 and republished as DHEW Publication No. (HRA) 76-1074 (incorporated by reference, see Sec. 571.5). Firefighting vehicle means a vehicle designed exclusively for the purpose of fighting fires. Fixed collision barrier means a flat, vertical, unyielding surface with the following characteristics: (1) The surface is sufficiently large that when struck by a tested vehicle, no portion of the vehicle projects or passes beyond the surface. (2) The approach is a horizontal surface that is large enough for the vehicle to attain a stable attitude during its approach to the barrier, and that does not restrict vehicle motion during impact. (3) When struck by a vehicle, the surface and its supporting structure absorb no significant portion of the vehicle's kinetic energy, so that a performance requirement described in terms of impact with a fixed collision barrier must be met no matter how small an amount of energy is absorbed by the barrier. Forward control means a configuration in which more than half of the engine length is rearward of the foremost point of the windshield base and the steering wheel hub is in the forward quarter of the vehicle length. Full trailer means a trailer, except a pole trailer, that is equipped with two or more axles that support the entire weight of the trailer. Gross axle weight rating or GAWR means the value specified by the vehicle manufacturer as the load-carrying capacity of a single axle system, as measured at the tire-ground interfaces. Gross combination weight rating or GCWR means the value specified by the manufacturer as the loaded weight of a combination vehicle. Gross vehicle weight rating or GVWR means the value specified by the manufacturer as the loaded weight of a single vehicle. H-Point means the pivot center of the torso and thigh on the three- dimensional device used in defining and measuring vehicle seating accommodation, as defined in Society of Automotive Engineers (SAE) Recommended Practice J1100, revised February 2001, ``Motor Vehicle Dimensions'' (incorporated by reference, see Sec. 571.5). Head impact area means all nonglazed surfaces of the interior of a vehicle that are statically contactable by a 6.5-inch diameter spherical head form of a measuring device having a pivot point to ``top-of-head'' dimension infinitely [[Page 301]] adjustable from 29 to 33 inches in accordance with the following procedure, or its graphic equivalent: (a) At each designated seating position, place the pivot point of the measuring device-- (1) For seats that are adjustable fore and aft, at-- (i) The seating reference point; and (ii) A point 5 inches horizontally forward of the seating reference point and vertically above the seating reference point an amount equal to the rise which results from a 5-inch forward adjustment of the seat or 0.75 inch; and (2) For seats that are not adjustable fore and aft, at the seating reference point. (b) With the pivot point to ``top-of-head'' dimension at each value allowed by the device and the interior dimensions of the vehicle, determine all contact points above the lower windshield glass line and forward of the seating reference point. (c) With the head form at each contact point, and with the device in a vertical position if no contact points exists for a particular adjusted length, pivot the measuring device forward and downward through all arcs in vertical planes to 90[deg] each side of the vertical longitudinal plane through the seating reference point, until the head form contacts an interior surface or until it is tangent to a horizontal plane 1 inch above the seating reference point, whichever occurs first. Interior compartment door means any door in the interior of the vehicle installed by the manufacturer as a cover for storage space normally used for personal effects. Longitudinal or longitudinally means parallel to the longitudinal centerline of the vehicle. Low-speed vehicle (LSV) means a motor vehicle, (1) That is 4-wheeled, (2) Whose speed attainable in 1.6 km (1 mile) is more than 32 kilometers per hour (20 miles per hour) and not more than 40 kilometers per hour (25 miles per hour) on a paved level surface, and (3) Whose GVWR is less than 1,361 kilograms (3,000 pounds). Manually operated driving controls means a system of controls: (i) That are used by an occupant for real-time, sustained, manual manipulation of the motor vehicle's heading (steering) and/or speed (accelerator and brake); and (ii) That is positioned such that they can be used by an occupant, regardless of whether the occupant is actively using the system to manipulate the vehicle's motion. Motorcycle means a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground. Motor-driven cycle means a motorcycle with a motor that produces 5- brake horsepower or less. Motor home means a multipurpose passenger vehicle with motive power that is designed to provide temporary residential accommodations, as evidenced by the presence of at least four of the following facilities: Cooking; refrigeration or ice box; self-contained toilet; heating and/or air conditioning; a potable water supply system including a faucet and a sink; and a separate 110-125 volt electrical power supply and/or propane. Multifunction school activity bus (MFSAB) means a school bus whose purposes do not include transporting students to and from home or school bus stops. Multipurpose passenger vehicle means a motor vehicle with motive power, except a low-speed vehicle or trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation. Open-body type vehicle means a vehicle having no occupant compartment top or an occupant compartment top that can be installed or removed by the user at his convenience. Outboard designated seating position means a designated seating position where a longitudinal vertical plane tangent to the outboard side of the seat cushion is less than 12 inches from the innermost point on the inside surface of the vehicle at a height between the design H- point and the shoulder reference point (as shown in fig. 1 of Federal Motor Vehicle Safety Standard No. 210) and longitudinally between the [[Page 302]] front and rear edges of the seat cushion. As used in this part, the terms ``outboard seating position'' and ``outboard seat'' shall have the same meaning as ``outboard designated seating position.'' Overall vehicle width means the nominal design dimension of the widest part of the vehicle, exclusive of signal lamps, marker lamps, outside rearview mirrors, flexible fender extensions, and mud flaps, determined with doors and windows closed and the wheels in the straight- ahead position. Parking brake means a mechanism designed to prevent the movement of a stationary motor vehicle. Passenger car means a motor vehicle with motive power, except a low- speed vehicle, multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less. Passenger seating position means any designated seating position other than the driver's designated seating position, except as noted below. As used in this part, the term ``passenger seat'' shall have the same meaning as ``passenger seating position.'' As used in this part, ``passenger seating position'' includes what was a ``driver's designated seating position'' prior to stowing of the present manually operated driving controls. Pelvic impact area means that area of the door or body side panel adjacent to any outboard designated seating position which is bounded by horizontal planes 7 inches above and 4 inches below the seating reference point and vertical transverse planes 8 inches forward and 2 inches rearward of the seating reference point. Pole trailer means a motor vehicle without motive power designed to be drawn by another motor vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections. Recreation vehicle trailer means a trailer, except a trailer designed primarily to transport cargo, designed to be drawn by a vehicle with motive power by means of a bumper, frame or fifth wheel hitch and designed to provide temporary residential accommodations, as evidenced by the presence of at least four of the following facilities: cooking; refrigeration or ice box; self-contained toilet; heating and/or air conditioning; a potable water supply system including a faucet and a sink; and a separate 110-125 volt electrical power supply and/or propane. ``Recreation vehicle trailer'' includes trailers used for personal purposes, commonly known as ``sport utility RVs'' or ``toy haulers,'' which usually have spacious rather than incidental living quarters and provide a cargo area for smaller items for personal use such as motorcycles, mountain bikes, all terrain vehicles (ATVs), snowmobiles, canoes or other types of recreational gear. Row means a set of one or more seats whose seat outlines do not overlap with the seat outline of any other seats, when all seats are adjusted to their rearmost normal riding or driving position, when viewed from the side. School bus means a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation. Seat outline means the outer limits of a seat projected laterally onto a vertical longitudinal vehicle plane. Seating reference point (SgRP) means the unique design H-point, as defined in Society of Automotive Engineers (SAE) Recommended Practice J1100, revised June 1984, ``Motor Vehicle Dimensions'' (incorporated by reference, see Sec. 571.5), which: (1) Establishes the rearmost normal design driving or riding position of each designated seating position, which includes consideration of all modes of adjustment, horizontal, vertical, and tilt, in a vehicle; (2) Has X, Y, and Z coordinates, as defined in Society of Automotive Engineers (SAE) Recommended Practice J1100, revised June 1984, ``Motor Vehicle Dimensions'' (incorporated by reference, see Sec. 571.5), established relative to the designed vehicle structure; [[Page 303]] (3) Simulates the position of the pivot center of the human torso and thigh; and (4) Is the reference point employed to position the two-dimensional drafting template with the 95th percentile leg described in Society of Automotive Engineers (SAE) Standard J826, revised May 1987, ``Devices for Use in Defining and Measuring Vehicle Seating Accommodation'' (incorporated by reference, see Sec. 571.5), or, if the drafting template with the 95th percentile leg cannot be positioned in the seating position, is located with the seat in its most rearward adjustment position. Semitrailer means a trailer, except a pole trailer, so constructed that a substantial part of its weight rests upon or is carried by another motor vehicle. Service brake means the primary mechanism designed to stop a motor vehicle. Speed attainable in 1 mile means the speed attainable by accelerating at maximum rate from a standing start for 1 mile, on a level surface. Speed attainable in 2 miles means the speed attainable by accelerating at maximum rate from a standing start for 2 miles, on a level surface. Steering control system means the manually operated driving control used to control the vehicle heading and its associated trim hardware, including any portion of a steering column assembly that provides energy absorption upon impact. As used in this part, the term ``steering wheel'' and ``steering control'' shall have the same meaning as ``steering control system.'' Torso line means the line connecting the ``H'' point and the shoulder reference point as defined in Society of Automotive Engineers (SAE) Standard J787b, revised September 1966, ``Motor Vehicle Seat Belt Anchorage'' (incorporated by reference, see Sec. 571.5). Trailer means a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle. Trailer converter dolly means a trailer chassis equipped with one or more axles, a lower half of a fifth wheel and a drawbar. Truck means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment. Truck tractor means a truck designed primarily for drawing other motor vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and the load so drawn. Unloaded vehicle weight means the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle, but without cargo, occupants, or accessories that are ordinarily removed from the vehicle when they are not in use. 95th percentile adult male means a person possessing the dimensions and weight of the 95th percentile adult male specified ``Weight, Height, and Selected Body Dimensions of Adults: United States--1960-1962,'' first published as Public Health Service Publication No. 1000 Series 11- No. 8, June 1965 and republished as DHEW Publication No. (HRA) 76-1074 (incorporated by reference, see Sec. 571.5). Vehicle fuel tank capacity means the tank's unusable capacity (i.e., the volume of fuel left at the bottom of the tank when the vehicle's fuel pump can no longer draw fuel from the tank) plus its usable capacity (i.e., the volume of fuel that can be pumped into the tank through the filler pipe with the vehicle on a level surface and with the unusable capacity already in the tank). The term does not include the vapor volume of the tank (i.e., the space above the fuel tank filler neck) nor the volume of the fuel tank filler neck. [33 FR 19703, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970] Editorial Note: For Federal Register citations affecting Sec. 571.3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.4 Explanation of usage. The word any, used in connection with a range of values or set of items in the requirements, conditions, and procedures of the standards or regulations in this chapter, means generally the totality of the items or values, any one of which may be selected by the Administration for testing, except where clearly specified otherwise. [[Page 304]] Examples: ``The vehicle shall meet the requirements of S4.1 when tested at any point between 18 and 22 inches above the ground.'' This means that the vehicle must be capable of meeting the specified requirements at every point between 18 and 22 inches above the ground. The test in question for a given vehicle may call for a single test (a single impact, for example), but the vehicle must meet the requirement at whatever point the Administration selects, within the specified range. ``Each tire shall be capable of meeting the requirements of this standard when mounted on any rim specified by the manufacturer as suitable for use with that tire.'' This means that, where the manufacturer specifies more than one rim as suitable for use with a tire, the tire must meet the requirements with whatever rim the Administration selects from the specified group. ``Any one of the items listed below may, at the option of the manufacturer, be substituted for the hardware specified in S4.1.'' Here the wording clearly indicates that the selection of items is at the manufacturer's option. [36 FR 2511, Feb. 5, 1971] Sec. 571.5 Matter incorporated by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 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 a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at NHTSA and at the National Archives and Records Administration (NARA). Contact NHTSA at: NHTSA, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366-2588, website: https://www.nhtsa.gov/about-nhtsa/ electronic-reading-room. For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the sources in the following paragraphs of this section. (b) American Association of Textile Chemists and Colorists (AATCC), 1 Davis Dr., P.O. Box 12215, Research Triangle Park, NC 27709. Web site: https://www.aatcc.org. (1) AATCC Test Method 30-1981, ``Fungicides, Evaluation on Textiles: Mildew and Rot Resistance of Textiles,'' into Sec. 571.209. (2) AATCC Gray Scale for Evaluating Change in Color into Sec. Sec. 571.209; 571.213. (c) American National Standards Institute (ANSI), 1899 L St., NW., 11th floor, Washington, DC 20036. Telephone: (202) 293-8020; Fax: (202) 293-9287; Web site: https://www.ansi.org. Copies of ANSI/RESNA Standard WC/Vol.1-1998 Section 13 may also be obtained from Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), 1700 North Moore St., Suite 1540, Arlington, VA 22209-1903. Telephone: (703) 524-6686; Web site https://www.resna.org. (1) ANSI S1.11-2004, ``Specification for Octave-Band and Fractional- Octave-Band Analog and Digital Filters,'' approved February 19, 2004, into Sec. 571.141. (2) ANSI Z26.1-1977, ``Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,'' approved January 26, 1977, into Sec. 571.205(a). (3) ANSI Z26.1a-1980, ``Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,'' approved July 3, 1980, into Sec. 571.205(a). (4) ANSI/SAE Z26.1-1996, ``American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways-Safety Standard,'' approved August 11, 1997, into Sec. 571.205. (5) ANSI/RESNA Standard WC/Vol. 1-1998, Section 13, ``Wheelchairs: Determination of Coefficient of Friction of Test Surfaces,'' into Sec. 571.403. (d) ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. Telephone: (610) 832-9500; Fax (610) 832- 9555; Web site: https://www.astm.org. (1) 1985 Annual Book of ASTM Standards, Vol. 05.04, ``Test Methods for Rating Motor, Diesel, Aviation Fuels, A2. Reference Materials and Blending Accessories, (``ASTM Motor Fuels section''),'' A2.3.2, A2.3.3, and A2.7, into Sec. Sec. 571.108; 571.205(a). [[Page 305]] (2) ASTM B117-64, ``Standard Method of Salt Spray (Fog) Testing,'' revised 1964, into Sec. 571.125. (3) ASTM B117-73 (Reapproved 1979), ``Standard Method of Salt Spray (Fog) Testing,'' approved March 29, 1973, into Sec. Sec. 571.108; 571.209. (4) ASTM B117-97, ``Standard Practice for Operating Salt Spray (Fog) Apparatus,'' approved April 10, 1997, into Sec. 571.403. (5) ASTM B117-03, ``Standard Practice for Operating Salt Spray (Fog) Apparatus,'' approved October 1, 2003, into Sec. Sec. 571.106; 571.111. (6) ASTM B456-79, ``Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium,'' approved January 26, 1979, into Sec. 571.209. (7) ASTM B456-95, ``Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium,'' approved October 10, 1995, into Sec. 571.403. (8) ASTM C150-56, ``Standard Specification for Portland Cement,'' approved 1956, into Sec. 571.108. (9) ASTM C150-77, ``Standard Specification for Portland Cement,'' approved February 26, 1977, into Sec. 571.108. (10) ASTM D362-84, ``Standard Specification for Industrial Grade Toluene,'' approved March 30, 1984, into Sec. Sec. 571.108; 571.205(a). (11) ASTM D445-65, ``Standard Method of Test for Viscosity of Transparent and Opaque Liquids (Kinematic and Dynamic Viscosities),'' approved August 31, 1965, into Sec. 571.116. (12) ASTM D471-98, ``Standard Test Method for Rubber Property-- Effect of Liquids,'' approved November 10, 1998, into Sec. 571.106. (13) ASTM D484-71, ``Standard Specification for Hydrocarbon Drycleaning Solvents,'' effective September 15, 1971, into Sec. 571.301. (14) ASTM D756-78, ``Standard Practice for Determination of Weight and Shape Changes of Plastics under Accelerated Service Conditions,'' approved July 28, 1978, into Sec. 571.209. (15) ASTM D1003-92, ``Standard Test Method for Haze and Luminous Transmittance of Transparent Plastics,'' approved October 15, 1992, into Sec. 571.108. (16) ASTM D1056-07, ``Standard Specification for Flexible Cellular Materials--Sponge or Expanded Rubber,'' approved March 1, 2007, into Sec. 571.213. (17) ASTM D1121-67, ``Standard Method of Test for Reserve Alkalinity of Engine Antifreezes and Antirusts,'' accepted June 12, 1967, into Sec. 571.116. (18) ASTM D1123-59, ``Standard Method of Test for Water in Concentrated Engine Antifreezes by the Iodine Reagent Method,'' revised 1959, into Sec. 571.116. (19) ASTM D1193-70, ``Standard Specification for Reagent Water,'' effective October 2, 1970, into Sec. 571.116. (20) ASTM D1415-68, ``Standard Method of Test for International Hardness of Vulcanized Natural and Synthetic Rubbers,'' accepted February 14, 1968, into Sec. 571.116. (21) ASTM D2515-66, ``Standard Specification for Kinematic Glass Viscometers,'' adopted 1966, into Sec. 571.116. (22) ASTM D4329-99, ``Standard Practice for Fluorescent UV Exposure of Plastics,'' approved January 10, 1999, into Sec. 571.106. (23) ASTM D4956-90, ``Standard Specification for Retroreflective Sheeting for Traffic Control,'' approved October 26, 1990, into Sec. 571.108. (24) ASTM E1-68, ``Standard Specifications for ASTM Thermometers'' (including tentative revisions), accepted September 13, 1968, into Sec. 571.116. (25) ASTM E4-79, ``Standard Methods of Load Verification of Testing Machines,'' approved June 11, 1979, into Sec. 571.209. (26) ASTM E4-03, ``Standard Practices for Force Verification of Testing Machines,'' approved August 10, 2003, into Sec. 571.106. (27) ASTM E8-89, ``Standard Test Methods of Tension Testing of Metallic Materials,'' approved May 15, 1989, into Sec. 571.221. (28) ASTM E77-66, ``Standard Method for Inspection, Test, and Standardization of Etched-Stem Liquid-in-Glass Thermometers,'' revised 1966, into Sec. 571.116. (29) ASTM E274-65T, ``Tentative Method of Test for Skid Resistance of Pavements Using a Two-Wheel Trailer,'' issued 1965, into Sec. Sec. 571.208; 571.301. (30) ASTM E274-70, ``Standard Method of Test for Skid Resistance of Paved [[Page 306]] Surfaces Using a Full-Scale Tire,'' revised July 1974, into Sec. Sec. 571.105; 571.122a. (31) ASTM E298-68, ``Standard Methods for Assay of Organic Peroxides,'' effective September 13, 1968, into Sec. 571.116. (32) ASTM E308-66, ``Standard Practice for Spectrophotometry and Description of Color in CIE 1931 System,'' reapproved 1981, into Sec. 571.108. (33) [Reserved] (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; 571.135; 571.136; 571.500. (35) ASTM F1805-20, ``Standard Test Method for Single Wheel Driving Traction in a Straight Line on Snow- and Ice-Covered Surfaces,'' approved May 1, 2020; into Sec. 571.139. (36) ASTM G23-81, ``Standard Practice for Generating Light-Exposure Apparatus (Carbon-Arc Type) With and Without Water for Exposure of Nonmetallic Materials,'' approved March 26, 1981, into Sec. 571.209. (37) ASTM G151-97, ``Standard Practice for Exposing Nonmetallic Materials in Accelerated Test Devices that Use Laboratory Light Sources,'' approved July 10, 1997, into Sec. 571.106. (38) ASTM G154-00, ``Standard Practice for Operating Fluorescent Light Apparatus for UV Exposure of Nonmetallic Materials,'' approved February 10, 2000, into Sec. 571.106. (e) Department of Defense, DODSSP Standardization Document Order Desk, 700 Robbins Ave., Philadelphia, PA 19111-5098. Web site: https:// dodssp.daps.dla.mil/. (1) MIL-S-13192, ``Military Specification, Shoes, Men's, Dress, Oxford,'' October 30, 1976, into Sec. 571.214. (2) MIL-S-13192P, ``Military Specification, Shoes, Men's, Dress, Oxford,'' 1988, including Amendment 1, October 14, 1994, into Sec. 571.208. (3) MIL-S-21711E, ``Military Specification, Shoes, Women's,'' 3 December 1982, including Amendment 2, October 14, 1994, into Sec. Sec. 571.208; 571.214. (f) General Services Administration (GSA), Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Telephone: (202) 512-1800; Web site: https://www.gsa.gov. (1) GSA Federal Specification L-S-300, ``Sheeting and Tape, Reflective; Nonexposed Lens, Adhesive Backing,'' September 7, 1965, into Sec. 571.108. (2) [Reserved] (g) Illuminating Engineering Society of North America (IES), 120 Wall St., 7th Floor, New York, NY 10005-4001. Telephone: (212) 248-5000; Web site: https://www.iesna.org. (1) IES LM 45, ``IES Approved Method for Electrical and Photometric Measurements of General Service Incandescent Filament Lamps,'' approved April 1980, into Sec. 571.108. (2) [Reserved] (h) International Commission on Illumination (CIE), CIE Central Bureau, Kegelgasse 27, A-1030 Vienna, Austria. https://www.cie.co.at. (1) CIE 1931 Chromaticity Diagram, developed 1931, into Sec. 571.108. (2) [Reserved] (i) International Organization for Standardization (ISO), 1, ch. de la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland. Telephone: + 41 22 749 01 11. Fax: + 41 22 733 34 30. Web site: https://www.iso.org/. (1) ISO 7117:1995(E), ``Motorcycles--Measurement of maximum speed,'' Second edition, March 1, 1995, into Sec. 571.122. (2) ISO 10844:1994(E) ``Acoustics--Test Surface for Road Vehicle Noise Measurements,'' First edition, 1994-09-01, into Sec. 571.141. (3) ISO 10844: 2011(E) ``Acoustics--Specification of test tracks for measuring noise emitted by road vehicles and their tyres,'' Second edition, 2011-02-01 into Sec. 571.141. (4) ISO 10844: 2014(E) ``Acoustics--Specification of test tracks for measuring noise emitted by road vehicles and their tyres,'' Third edition, 2014-05-15 into Sec. 571.141. (j) National Center for Health Statistics, Centers for Disease Control (CDC), National Division for Health Statistics, Division of Data Services, Hyattsville, MD 20782. Telephone: 1 (800) 232-4636. Web site: https://www.cdc.gov/nchs. (1) DHEW Publication No. (HRA) 76-1074, ``Weight, Height, and Selected Body Dimensions of Adults: United States--1960-1962,'' first published as Public Health Service Publication No. [[Page 307]] 1000 Series 11-No. 8, June 1965, into Sec. 571.3. (2) [Reserved] (k) National Highway Traffic Safety Administration (NHTSA), 1200 New Jersey Ave. SE., Washington, DC 20590. Web site: https://www.nhtsa.gov. (1) Drawing Package, ``NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA-213-2003,'' (consisting of drawings and a bill of materials), June 3, 2003, into Sec. 571.213. (2) Drawing Package, SAS-100-1000, Standard Seat Belt Assembly with Addendum A, Seat Base Weldment (consisting of drawings and a bill of materials), October 23, 1998, into Sec. 571.213. (3) ``Parts List; Ejection Mitigation Headform Drawing Package,'' December 2010, into Sec. 571.226. (4) ``Parts List and Drawings; Ejection Mitigation Headform Drawing Package'' December 2010, into Sec. 571.226. (5) ``Parts List and Drawings, NHTSA Standard Seat Assembly; FMVSS No. 213a--Side impact No. NHTSA-213a-2021, CHILD SIDE IMPACT SLED'' dated December 2021; into Sec. 571.213a. (l) SAE International, 400 Commonwealth Drive, Warrendale, PA 15096. Telephone: (724) 776-4841; Web site: https://www.sae.org. (1) SAE Recommended Practice J100-1995, ``Class `A' Vehicle Glazing Shade Bands,'' revised June 1995, into Sec. 571.205. (2) SAE Recommended Practice J211a, ``Instrumentation for Impact Tests,'' revised December 1971, into Sec. 571.222. (3) SAE Recommended Practice J211, ``Instrumentation for Impact Tests,'' revised June 1980, into Sec. Sec. 571.213; 571.218. (4) SAE Recommended Practice J211/1, ``Instrumentation for Impact Tests-Part 1--Electronic Instrumentation''; revised March 1995; into Sec. Sec. 571.202a; 571.208; 571.213a; 571.218; 571.403. (5) SAE Recommended Practice J211-1 DEC2003, ``Instrumentation for Impact Test--Part 1--Electronic Instrumentation,'' revised December 2003, into Sec. Sec. 571.206; 571.209. (6) SAE Recommended Practice J227a, ``Electric Vehicle Test Procedure,'' revised February 1976, into Sec. Sec. 571.105; 571.135. (7) SAE Standard J527a, ``Brazed Double Wall Low Carbon Steel Tubing,'' revised May 1967, into Sec. 571.116. (8) SAE Recommended Practice J567b, ``Bulb Sockets,'' revised April 1964, into Sec. 571.108. (9) SAE Recommended Practice J573d, ``Lamp Bulbs and Sealed Units,'' revised December 1968, into Sec. 571.108. (10) SAE Recommended Practice J575-1983, ``Tests for Motor Vehicle Lighting Devices and Components,'' revised July 1983, into Sec. 571.131. (11) SAE Recommended Practice J578, ``Color Specification,'' revised May 1988, into Sec. 571.131. (12) SAE Recommended Practice J578-1995, ``Color Specification,'' revised June 1995, into Sec. 571.403. (13) SAE Recommended Practice J592 JUN92, ``Clearance, Side Marker, and Identification Lamps,'' revised June 1992, into Sec. 571.121. (14) SAE Recommended Practice J592e-1972, ``Clearance, Side Marker, and Identification Lamps,'' revised July 1972, into Sec. 571.121. (15) SAE Recommended Practice J602-1963, ``Headlamp Aiming Device for Mechanically Aimable Sealed Beam Headlamp Units,'' reaffirmed August 1963, into Sec. 571.108. (16) SAE Recommended Practice J602-1980, ``Headlamp Aiming Device for Mechanically Aimable Sealed Beam Headlamp Units,'' revised October 1980, into Sec. 571.108. (17) SAE Recommended Practice J673a, ``Automotive Glazing,'' revised August 1967, into Sec. 571.205(a). (18) SAE Recommended Practice J673, ``Automotive Safety Glasses,'' revised April 1993, into Sec. 571.205. (19) SAE Recommended Practice J726 SEP79, ``Air Cleaner Test Code,'' revised April 1979, into Sec. 571.209. (20) SAE Recommended Practice J759 JAN95, ``Lighting Identification Code,'' revised January 1995, into Sec. 571.121. (21) SAE Standard J787b, ``Motor Vehicle Seat Belt Anchorage,'' revised September 1966, into Sec. 571.3. (22) SAE Recommended Practice J800c, ``Motor Vehicle Seat Belt Assembly Installations,'' revised November 1973, into Sec. 571.209. (23) SAE Standard J826-1980, ``Devices for Use in Defining and Measuring Vehicle Seating Accommodation,'' revised April 1980, into Sec. Sec. 571.208; 571.214. [[Page 308]] (24) SAE Standard J826 MAY87, ``Devices for Use in Defining and Measuring Vehicle Seating Accommodation,'' revised May 1987, into Sec. Sec. 571.3; 571.210. (25) SAE Standard J826-1992, ``Devices for Use in Defining and Measuring Vehicle Seating Accommodation,'' revised June 1992, into Sec. 571.225. (26) SAE Standard J826 JUL95, ``Devices for Use in Defining and Measuring Vehicle Seating Accommodation,'' revised July 1995, into Sec. Sec. 571.10; 571.111; 571.202; 571.202a; 571.216a. (27) SAE Recommended Practice J839b, ``Passenger Car Side Door Latch Systems,'' revised May 1965, into Sec. 571.201. (28) SAE Recommended Practice J839-1991, ``Passenger Car Side Door Latch Systems,'' revised June 1991, into Sec. 571.206. (29) SAE Recommended Practice J902, ``Passenger Car Windshield Defrosting Systems,'' revised August 1964, into Sec. 571.103. (30) SAE Recommended Practice J902a, ``Passenger Car Windshield Defrosting Systems,'' revised March 1967 (Editorial change June 1967), into Sec. 571.103. (31) SAE Recommended Practice J903a, ``Passenger Car Windshield Wiper Systems,'' revised May 1966, into Sec. 571.104. (32) SAE Recommended Practice J921, ``Instrument Panel Laboratory Impact Test Procedure,'' approved June 1965, into Sec. 571.201. (33) SAE Recommended Practice J941, ``Passenger Car Driver's Eye Range,'' approved November 1965, into Sec. 571.104. (34) SAE Recommended Practice J941b, ``Motor Vehicle Driver's Eye Range,'' revised February 1969, into Sec. 571.108. (35) SAE Recommended Practice J942, ``Passenger Car Windshield Washer Systems,'' approved November 1965, into Sec. 571.104. (36) SAE Recommended Practice J944 JUN80, ``Steering Control System--Passenger Car--Laboratory Test Procedure,'' revised June 1980, into Sec. 571.203. (37) SAE Standard J964 OCT84, ``Test Procedure for Determining Reflectivity of Rear View Mirrors,'' reaffirmed October 1984, into Sec. 571.111. (38) SAE Recommended Practice J972, ``Moving Rigid Barrier Collision Tests,'' revised May 2000, into Sec. 571.105. (39) SAE Recommended Practice J977, ``Instrumentation for Laboratory Impact Tests,'' approved November 1966, into Sec. 571.201. (40) SAE Recommended Practice J1100a, ``Motor Vehicle Dimensions,'' revised September 1975, into Sec. 571.3. (41) SAE Recommended Practice J1100 JUN84, ``Motor Vehicle Dimensions,'' revised June 1984, into Sec. Sec. 571.3; 571.210. (42) SAE Recommended Practice J1100-1993, ``Motor Vehicle Dimensions,'' revised June 1993, into Sec. 571.225. (43) SAE Recommended Practice J1100, ``Motor Vehicle Dimensions,'' revised February 2001, into Sec. 571.3. (44) SAE Recommended Practice J1133, ``School Bus Stop Arm,'' revised April 1984, into Sec. 571.131. (45) SAE Standard J1703b, ``Motor Vehicle Brake Fluid,'' revised July 1970, into Sec. 571.116. (46) SAE Standard J1703 NOV83, ``Motor Vehicle Brake Fluid,'' revised November 1983, into Sec. 571.116. (47) SAE RM-66-04, ``Compatibility Fluid,'' Appendix B to SAE Standard J1703 JAN95, ``Motor Vehicle Brake Fluid,'' revised January 1995, into Sec. Sec. 571.106; 571.116. (48) SAE Recommended Practice J2009, ``Discharge Forward Lighting Systems,'' revised February 1993, into Sec. 571.108. (49) SAE Standard J2889-1, ``Measurement of Minimum Noise Emitted by Road Vehicles,'' December 2014 into Sec. 571.141. (50) SAE Aerospace-Automotive Drawing Standards, issued September 1963, into Sec. Sec. 571.104; 571.202. (m) United Nations Economic Commission for Europe (UNECE), United Nations, Conference Services Division, Distribution and Sales Section, Office C.115-1, Palais des Nations, CH-1211, Geneva 10, Switzerland. Web site: www.unece.org/trans/main/wp29/wp29regs.html. (1) UNECE Regulation 17 ``Uniform Provisions Concerning the Approval of Vehicles with Regard to the Seats, their Anchorages and Any Head Restraints'': ECE 17 Rev. 1/Add. 16/Rev. 4 (July 31, 2002), into Sec. 571.202. [[Page 309]] (2) UNECE Regulation 48 ``Uniform Provisions Concerning the Approval of Vehicles With Regard to the Installation of Lighting and Light- Signaling Devices,'' E/ECE/324-E/ECE/TRANS/505, Rev.1/Add.47/Rev.1/ Corr.2 (February 26, 1996), into Sec. 571.108. [77 FR 752, Jan. 6, 2012, as amended at 77 FR 11647, Feb. 27, 2012; 77 FR 51671, Aug. 24, 2012; 78 FR 21852, Apr. 12, 2013; 79 FR 19243, Apr. 7, 2014; 80 FR 36100, June 23, 2015; 81 FR 90514, Dec. 14, 2016; 87 FR 34808, June 8, 2022; 87 FR 39309, Aug. 1, 2022] Sec. 571.7 Applicability. (a) General. Except as provided in paragraphs (c) and (d) of this section, each standard set forth in subpart B of this part applies according to its terms to all motor vehicles or items of motor vehicle equipment the manufacture of which is completed on or after the effective date of the standard. (b) [Reserved] (c) Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications. (d) Export. No standard applies to a vehicle or item of equipment in the circumstances provided in section 108(b)(5) of the Act (15 U.S.C. 1397 (b)(5)). (e) Combining new and used components. When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured for purposes of paragraph (a) of this section, the application of the requirements of this chapter, and the Act, unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle. (f) Combining new and used components in trailer manufacture. When new materials are used in the assembly of a trailer, the trailer will be considered newly manufactured for purposes of paragraph (a) of this section, the application of the requirements of this chapter, and the Act, unless, at a minimum, the trailer running gear assembly (axle(s), wheels, braking and suspension) is not new, and was taken from an existing trailer-- (1) Whose identity is continued in the reassembled vehicle with respect to the Vehicle Identification Number; and (2) That is owned or leased by the user of the reassembled vehicle. [33 FR 19703, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970, and amended at 36 FR 7855, Apr. 27, 1971; 38 FR 12808, May 16, 1973; 40 FR 49341, Oct. 22, 1975; 41 FR 27074, July 1, 1976] Sec. 571.8 Effective date. (a) Firefighting vehicles. Notwithstanding the effective date provisions of the motor vehicle safety standards in this part, the effective date of any standard or amendment of a standard issued after September 1, 1971, to which firefighting vehicles must conform shall be, with respect to such vehicles, either 2 years after the date on which such standard or amendment is published in the rules and regulations section of the Federal Register, or the effective date specified in the notice, whichever is later, except as such standard or amendment may otherwise specifically provide with respect to firefighting vehicles. (b) Vehicles built in two or more stages vehicles and altered vehicles. Unless Congress directs or the agency expressly determines that this paragraph does not apply, the date for manufacturer certification of compliance with any standard, or amendment to a standard, that is issued on or after September 1, 2006 is, insofar as its application to intermediate and final-stage manufacturers and alterers is concerned, one year after the last applicable date for manufacturer certification of compliance. Nothing in this provision shall be construed as prohibiting earlier compliance with the standard or amendment or as precluding NHTSA from extending a compliance effective date for intermediate and final-stage manufacturers and alterers by more than one year. [70 FR 7435, Feb. 14, 2005] Sec. 571.9 Separability. If any standard established in this part or its application to any person or circumstance is held invalid, the remainder of the part and the application [[Page 310]] of that standard to other persons or circumstances is not affected thereby. [33 FR 19705, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970] Sec. 571.10 Designation of seating positions. (a) Application. This section applies to passenger cars, trucks, multipurpose passenger vehicles, and buses manufactured on or after September 1, 2010. However, paragraph (b) of this section does not apply to trucks and multipurpose passenger vehicles with a gross vehicle weight rating greater than 10,000 lbs, school buses, police vehicles as defined in S7 of Standard No. 208 (49 CFR 571.208), firefighting vehicles, ambulances, or motor homes. To determine the number of passenger seating positions in school buses, see S4.1 of Standard No. 222 (49 CFR 571.222). (b) Number of designated seating positions. The formula for calculating the number of designated seating positions (N) for any seat location with a seating surface width greater than 330 mm (13 inches) is as follows: (1) For seat locations with a seating surface width, as described in paragraph (c), of less than 1400 mm (55.2 inches): N = The greater of 1 or [seating surface width (in mm)/350] rounded down to the nearest whole number; (2) For seat locations with a seating surface width, as described in paragraph (c), greater than or equal to 1400 mm (55.2 inches): N = No less than [seating surface width (in mm)/450] rounded down to the nearest whole number. (c) Seating surface measurement. (1) As used in this section, ``seating surface'' only includes the seat cushion and soft trim and excludes unpadded trim components such as a decorative seat shield, seat adjusters, or adjuster covers. As used in paragraphs (c)(1)(ii) and (iii) of this section, ``outboard'' and ``inboard'' are determined with respect to the measurement zone established in paragraph (c)(1)(i) of this section. As used in this section, ``seating surface width'' is the maximum horizontal width of a seating surface determined by the following procedure: (i) Establish a measurement zone bounded by two vertical planes oriented perpendicular to the direction the seat is facing. One is located 150 mm (5.9 inches) behind the front leading surface of the seat and the other is located 250 mm (9.8 inches) behind the front leading surface of the seat. A measurement location within this zone is any vertical plane parallel to the planes establishing the boundary of the zone. (ii) For each measurement location within the zone, establish vertical reference planes parallel to the direction the seat faces that intersect the most outboard point on each side of the seating surface at that measurement location. If outboard interior trim contacts the top surface of the seat cushion, establish another vertical plane parallel to the direction the seat faces that intersects the most inboard point of contact between outboard interior trim and the top surface of the seat cushion. (iii) For measurement within the zone, measure horizontally between and perpendicular to the most inboard vertical reference planes established in (ii), as shown in Figure 1 (provided for illustration purposes). (2) Adjacent seating surfaces are considered to form a single, continuous seating surface whose overall width is measured as specified in (c)(1) of this section, unless (i) The seating surfaces are separated by: (A) A fixed trimmed surface whose top surface is unpadded and that has a width not less than 140 mm (5.5 inches), as measured in each transverse vertical plane within that measurement zone, or (B) A void whose cross section in each transverse vertical plane within that measurement zone is a rectangle that is not less than 140 mm (5.5 inches) wide and not less than 140 mm (5.5 inches) deep. The top edge of the cross section in any such plane is congruent with the transverse horizontal line that intersects the lowest point on the portion of the top profile of the seating surfaces that lie within that plane, or (ii) Interior trim interrupts the measurement of the nominal hip room between adjacent seating surfaces, measured laterally along the ``X'' plane through the H-point. For purposes of this paragraph, the H- point is located using the SAE three-dimensional H- [[Page 311]] point machine per Society of Automotive Engineers (SAE) Surface Vehicle Standard J826, revised July 1995, ``Devices for Use in Defining and Measuring Vehicle Seating Accommodation'' (incorporated by reference, see section 571.5) with the legs and leg weights removed, or (iii) The seating surfaces are adjacent outboard seats, and the lateral distance between any point on the seat cushion of one seat and any point on the seat cushion of the other seat is not less than 140 mm (5.5 inches). (3) Folding, removable, and adjustable seats are measured in the configuration that results in the single largest maximum seating surface width. [GRAPHIC] [TIFF OMITTED] TR15NO13.003 [73 FR 58897, Oct. 8, 2008, as amended at 74 FR 68190, Dec. 23, 2009; 78 FR 68756, Nov. 15, 2013; 79 FR 57830, Sept. 26, 2014] Subpart B_Federal Motor Vehicle Safety Standards Source: 36 FR 22902, Dec. 2, 1971, unless otherwise noted. Sec. 571.101 Standard No. 101; Controls and displays. S1. Scope. This standard specifies performance requirements for location, identification, color, and illumination of motor vehicle controls, telltales and indicators. S2. Purpose. The purpose of this standard is to ensure the accessibility, visibility and recognition of motor vehicle controls, telltales and indicators, and to facilitate the proper selection of [[Page 312]] controls under daylight and nighttime conditions, in order to reduce the safety hazards caused by the diversion of the driver's attention from the driving task, and by mistakes in selecting controls. S3. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses. S4. Definitions. Adjacent, with respect to a control, telltale or indicator, and its identifier means: (a) The identifier is in close proximity to the control, telltale or indicator; and (b) No other control, telltale, indicator, identifier or source of illumination appears between the identifier and the telltale, indicator, or control that the identifier identifies. Common space means an area on which more than one telltale, indicator, identifier, or other message may be displayed, but not simultaneously. Control means the hand-operated part of a device that enables the driver to change the state or functioning of the vehicle or a vehicle subsystem. Indicator means a device that shows the magnitude of the physical characteristics that the instrument is designed to sense. Identifier means a symbol, word, or words used to identify a control, telltale, or indicator. Multi-function control means a control through which the driver may select, and affect the operation of, more than one vehicle function. Multi-task display means a display on which more than one message can be shown simultaneously. Telltale means an optical signal that, when illuminated, indicates the actuation of a device, a correct or improper functioning or condition, or a failure to function. S5. Requirements. Each passenger car, multipurpose passenger vehicle, truck and bus that is fitted with a control, a telltale or an indicator listed in Table 1 or Table 2 must meet the requirements of this standard for the location, identification, color, and illumination of that control, telltale or indicator. However, the requirements for telltales and indicators do not apply to vehicles with GVWRs of 4,536 kg or greater if these specified vehicles are manufactured before September 1, 2013. S5.1 Location S5.1.1 The controls listed in Table 1 and in Table 2 must be located so they are operable by the driver under the conditions of S5.6.2. S5.1.2 The telltales and indicators listed in Table 1 and Table 2 and their identification must be located so that, when activated, they are visible to a driver under the conditions of S5.6.1 and S5.6.2. S5.1.3 Except as provided in S5.1.4, the identification for controls, telltales and indicators must be placed on or adjacent to the telltale, indicator or control that it identifies. S5.1.4 The requirement of S5.1.3 does not apply to a multi-function control, provided the multi-function control is associated with a multi- task display that: (a) Is visible to the driver under the conditions of S5.6.1 and S5.6.2, (b) Identifies the multi-function control with which it is associated graphically or using words, (c) For multi-task displays with layers, identifies on the top-most layer each system for which control is possible from the associated multi-function control, including systems not otherwise regulated by this standard. Subfunctions of the available systems need not be shown on the top-most layer of the multi-task display, and (d) Identifies the controls of Table 1 and Table 2 with the identification specified in those tables or otherwise required by this standard, whenever those are the active functions of the multi-function control. For lower levels of multi-task displays with layers, identification is permitted but not required for systems not otherwise regulated by this standard. (e) Does not display telltales listed in Table 1 or Table 2. S5.2 Identification S5.2.1 Except for the Low Tire Pressure Telltale, each control, telltale and indicator that is listed in column 1 of Table 1 or Table 2 must be identified by the symbol specified for it in column 2 or the word or abbreviation specified for it in column 3 of Table 1 or Table 2. If a symbol is used, each symbol provided pursuant to this paragraph must [[Page 313]] be substantially similar in form to the symbol as it appears in Table 1 or Table 2. If a symbol is used, each symbol provided pursuant to this paragraph must have the proportional dimensional characteristics of the symbol as it appears in Table 1 or Table 2. The Low Tire Pressure Telltale (either the display identifying which tire has low pressure or the display which does not identify which tire has low pressure) shall be identified by the appropriate symbol designated in column 4, or both the symbol in column 4 and the words in column 3. No identification is required for any horn (i.e., audible warning signal) that is activated by a lanyard or by the driver pressing on the center of the face plane of the steering wheel hub; or for a turn signal control that is operated in a plane essentially parallel to the face plane of the steering wheel in its normal driving position and which is located on the left side of the steering column so that it is the control on that side of the column nearest to the steering wheel face plane. However, if identification is provided for a horn control in the center of the face plane of the steering wheel hub, the identifier must meet Table 2 requirements for the horn. S5.2.2 Any symbol, word, or abbreviation not shown in Table 1 or Table 2 may be used to identify a control, a telltale or an indicator that is not listed in those tables. S5.2.3 Supplementary symbols, words, or abbreviations may be used at the manufacturer's discretion in conjunction with any symbol, word, or abbreviation specified in Table 1 or Table 2. S5.2.4 [Reserved] S5.2.5 A single symbol, word, or abbreviation may be used to identify any combination of the control, indicator, and telltale for the same function. S5.2.6 Except as provided in S5.2.7, all identifications of telltales, indicators and controls listed in Table 1 or Table 2 must appear to the driver to be perceptually upright. A rotating control that has an ``off'' position shall appear to the driver perceptually upright when the rotating control is in the ``off'' position. S5.2.7 The identification of the following items need not appear to the driver to be perceptually upright: (a) A horn control; (b) Any control, telltale or indicator located on the steering wheel, when the steering wheel is positioned for the motor vehicle to travel in a direction other than straight forward; and (c) Any rotating control that does not have an ``off'' position. S5.2.8 Each control for an automatic vehicle speed system (cruise control) and each control for heating and air conditioning systems must have identification provided for each function of each such system. S5.2.9 Each control that regulates a system function over a continuous range must have identification provided for the limits of the adjustment range of that function. If color coding is used to identify the limits of the adjustment range of a temperature function, the hot limit must be identified by the color red and the cold limit by the color blue. If the status or limit of a function is shown by a display not adjacent to the control for that function, both the control (unless it is a multi-function control complying with S5.1.4) and the display must be independently identified as to the function of the control, in compliance with S5.2.1, on or adjacent to the control and on or adjacent to the display. Example 1. A slide lever controls the temperature of the air in the vehicle heating system over a continuous range, from no heat to maximum heat. Since the control regulates a single function over a quantitative range, only the extreme positions require identification. Example 2. A switch has three positions, for heat, defrost, and air conditioning. Since each position regulates a different function, each position must be identified. S5.3 Illumination S5.3.1 Timing of illumination (a) Except as provided in S5.3.1(c), the identifications of controls for which the word ``Yes'' is specified in column 5 of Table 1 must be capable of being illuminated whenever the headlamps are activated. This requirement does not apply to a control located on the floor, floor console, steering wheel, steering column, or in the [[Page 314]] area of windshield header, or to a control for a heating and air- conditioning system that does not direct air upon the windshield. (b) Except as provided in S5.3.1(c), the indicators and their identifications for which the word ``Yes'' is specified in column 5 of Table 1 must be illuminated whenever the vehicle's propulsion system and headlamps are activated. (c) The indicators, their identifications and the identifications of controls need not be illuminated when the headlamps are being flashed or operated as daytime running lamps. (d) At the manufacturer's option, any control, indicator, or their identifications may be capable of being illuminated at any time. (e) A telltale must not emit light except when identifying the malfunction or vehicle condition it is designed to indicate, or during a bulb check. S5.3.2 Brightness of illumination of controls and indicators S5.3.2.1 Means must be provided for illuminating the indicators, identifications of indicators and identifications of controls listed in Table 1 to make them visible to the driver under daylight and nighttime driving conditions. S5.3.2.2 The means of providing the visibility required by S5.3.2.1: (a) Must be adjustable to provide at least two levels of brightness; (b) At a level of brightness other than the highest level, the identification of controls and indicators must be barely discernible to the driver who has adapted to dark ambient roadway condition; (c) May be operable manually or automatically; and (d) May have levels of brightness, other than the two required visible levels of brightness, at which those items and identification are not visible. (1) If the level of brightness is adjusted by automatic means to a point where those items or their identification are not visible to the driver, means shall be provided to enable the driver to restore visibility. S5.3.3 Brightness of telltale illumination (a) Means must be provided for illuminating telltales and their identification sufficiently to make them visible to the driver under daylight and nighttime driving conditions. (b) The means for providing the required visibility may be adjustable manually or automatically, except that the telltales and identification for brakes, highbeams, turn signals, and safety belts may not be adjustable under any driving condition to a level that is invisible. S5.3.4 Brightness of interior lamps. (a) Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 110 mm rearward of the manikin ``H'' point with the driver's seat in its rearmost driving position, which is not used for the controls and displays regulated by this standard, which is not a telltale, and which is capable of being illuminated while the vehicle is in motion, shall have either: (1) Light intensity which is manually or automatically adjustable to provide at least two levels of brightness; (2) A single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions;or (3) A means of being turned off. (b) Paragraph (a) of S5.3.4 does not apply to buses that are normally operated with the passenger compartment illuminated. S5.3.5 The provisions of S5.3.4 do not apply to buses that are normally operated with the passenger compartment illuminated. S5.4 Color S5.4.1 The light of each telltale listed in Table 1 must be of the color specified for that telltale in column 6 of that table. S5.4.2 Any indicator or telltale not listed in Table 1 and any identification of that indicator or telltale must not be a color that masks the driver's ability to recognize any telltale, control, or indicator listed in Table 1. S5.4.3 Each identifier used for the identification of a telltale, control or indicator must be in a color that stands out clearly against the background. However, this requirement does not apply to an identifier for a horn control in the center of the face plane of the steering wheel hub. For vehicles with a GVWR of under 4,536 kg (10,000 pounds), the compliance date for this provision is September 1, 2011. For [[Page 315]] vehicles with a GVWR of 4,536 kg (10,000 pounds) or over, the compliance date for this provision is September 1, 2013. S5.5 Common space for displaying multiple messages S5.5.1 A common space may be used to show messages from any sources, subject to the requirements in S5.5.2 through S5.5.6. S5.5.2 The telltales for any brake system malfunction required by Table 1 to be red, air bag malfunction, low tire pressure, electronic stability control malfunction (as of September 1, 2011), passenger air bag off, high beam, turn signal, and seat belt must not be shown in the same common space. S5.5.3 The telltales and indicators that are listed in Table 1 and are shown in the common space must illuminate at the initiation of any underlying condition. S5.5.4 Except as provided in S5.5.5, when the underlying conditions exist for actuation of two or more telltales, the messages must be either: (a) Repeated automatically in sequence, or (b) Indicated by visible means and capable of being selected for viewing by the driver under the conditions of S5.6.2. S5.5.5 In the case of the telltale for a brake system malfunction, air bag malfunction, side air bag malfunction, low tire pressure, electronic stability control malfunction (as of September 1, 2011), passenger air bag off, high beam, turn signal, or seat belt that is designed to display in a common space, that telltale must displace any other symbol or message in that common space while the underlying condition for the telltale's activation exists. S5.5.6(a) Except as provided in S5.5.6(b), messages displayed in a common space may be cancelable automatically or by the driver. (b) Telltales for high beams, turn signal, low tire pressure, and passenger air bag off, and telltales for which the color red is required in Table 1 must not be cancelable while the underlying condition for their activation exists. S5.6 Conditions S5.6.1 The driver has adapted to the ambient light roadway conditions. S5.6.2 The driver is restrained by the seat belts installed in accordance with 49 CFR 571.208 and adjusted in accordance with the vehicle manufacturer's instructions. [[Page 316]] [GRAPHIC] [TIFF OMITTED] TR23JN15.012 [[Page 317]] [GRAPHIC] [TIFF OMITTED] TR11SE15.000 [[Page 318]] [GRAPHIC] [TIFF OMITTED] TR11SE15.001 [[Page 319]] [GRAPHIC] [TIFF OMITTED] TR23JN15.015 [[Page 320]] [GRAPHIC] [TIFF OMITTED] TR23JN15.016 [[Page 321]] [GRAPHIC] [TIFF OMITTED] TR15MY06.035 [70 FR 48305, Aug. 17, 2005, as amended at 71 FR 27971, May 15, 2006; 72 FR 17305, Apr. 6, 2007; 73 FR 54537, Sept. 22, 2008; 74 FR 40764, Aug. 13, 2009; 80 FR 36100, June 23, 2015; 80 FR 54734, Sept. 11, 2015] [[Page 322]] Sec. 571.102 Standard No. 102; Transmission shift position sequence, starter interlock, and transmission braking effect. S1. Purpose and scope. This standard specifies the requirements for the transmission shift position sequence, a starter interlock, and for a braking effect of automatic transmissions, to reduce the likelihood of shifting errors, to prevent starter engagement by the driver when the transmission is in any drive position, and to provide supplemental braking at speeds below 40 kilometers per hour (25 miles per hour). S2. Application. This standard applies to passenger cars, multi- purpose passenger vehicles, trucks, and buses. S3. Requirements. S3.1 Automatic transmissions. S3.1.1 Location of transmission shift positions on passenger cars. A neutral position shall be located between forward drive and reverse drive positions. S3.1.1.1 Transmission shift levers. If a steering-column-mounted transmission shift lever is used, movement from neutral position to forward drive position shall be clockwise. If the transmission shift lever sequence includes a park position, it shall be located at the end, adjacent to the reverse drive position. S3.1.2 Transmission braking effect. In vehicles having more than one forward transmission gear ratio, one forward drive position shall provide a greater degree of engine braking than the highest speed transmission ratio at vehicle speeds below 40 kilometers per hour (25 miles per hour). S3.1.3 Starter interlock. Except as provided in S3.1.3.1 through S3.1.3.3, the engine starter shall be inoperative when the transmission shift position is in a forward or reverse drive position. S3.1.3.1 After the driver has activated the vehicle's propulsion system: (a) The engine may stop and restart automatically when the transmission shift position is in any forward drive gear; (b) The engine may not automatically stop when the transmission is in reverse gear; and (c) The engine may automatically restart in reverse gear only if the vehicle satisfies (1) and (2): (1) When the engine is automatically stopped in a forward drive shift position and the driver selects Reverse, the engine restarts immediately whenever the service brake is applied. (2) When the engine is automatically stopped in a forward drive shift position and the driver selects Reverse, the engine does not start automatically if the service brake is not applied. S3.1.3.2 Notwithstanding S3.1.3.1, the engine may stop and start at any time after the driver has activated the vehicle's propulsion system if the vehicle can meet the requirements specified in paragraphs (a) and (b): (a) For passenger cars, multi-purpose passenger vehicles, trucks and buses with a GVWR less than or equal to 4,536 kg (10,000 pounds), the vehicle's propulsion system can propel the vehicle in the normal travel mode in all forward and reverse drive gears without the engine operating. For passenger cars, multipurpose passenger vehicles, trucks and buses with a GVWR greater than 4,536 kg (10,000 pounds), the vehicle's propulsion system can propel the vehicle in the normal travel mode in Reverse and at least one forward drive gear without the engine operating. (b) If the engine automatically starts while the vehicle is traveling at a steady speed and steady accelerator control setting, the engine does not cause the vehicle to accelerate. S3.1.3.3 If the transmission shift position is in Park, automatically stopping or restarting the engine shall not take the transmission out of Park. S3.1.4 Identification of shift positions and of shift position sequence. S3.1.4.1 Except as specified in S3.1.4.3, if the transmission shift position sequence includes a park position, identification of shift positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist: (a) The ignition is in a position where the transmission can be shifted; or (b) The transmission is not in park. S3.1.4.2 Except as specified in S3.1.4.3, if the transmission shift position sequence does not include a park [[Page 323]] position, identification of shift positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever the ignition is in a position in which the engine is capable of operation. S3.1.4.3 Such information need not be displayed when the ignition is in a position that is used only to start the vehicle. S3.1.4.4 All of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the information may be provided. S3.2 Manual transmissions. Identification of the shift lever pattern of manual transmissions, except three forward speed manual transmissions having the standard ``H'' pattern, shall be displayed in view of the driver at all times when a driver is present in the driver's seating position. [70 FR 38051, July 1, 2005, as amended at 70 FR 75965, Dec. 22, 2005] Sec. 571.103 Standard No. 103; Windshield defrosting and defogging systems. S1. Scope. This standard specifies requirements for windshield defrosting and defogging systems. S2. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses. S3. Definitions. Road load means the power output required to move a given motor vehicle at curb weight plus 180 kilograms on level, clean, dry, smooth portland cement concrete pavement (or other surface with equivalent coefficient of surface friction) at a specified speed through still air at 20 degrees Celsius, and standard barometric pressure (101.3 kilopascals) and includes driveline friction, rolling friction, and air resistance. S4. Requirements. (a) Except as provided in paragraph (b) of this section, each passenger car shall meet the requirements specified in S4.1, S4.2, and S4.3, and each multipurpose passenger vehicle, truck, and bus shall meet the requirements specified in Sec. 4.1. (b) Each passenger car, multipurpose passenger vehicle, truck, and bus manufactured for sale in the noncontinental United States may, at the option of the manufacturer, have a windshield defogging system which operates either by applying heat to the windshield or by dehumidifying the air inside the passenger compartment of the vehicle, in lieu of meeting the requirements specified by paragraph (a) of this section. S4.1 Each vehicle shall have a windshield defrosting and defogging system. S4.2 Each passenger car windshield defrosting and defogging system shall meet the requirements of section 3 of SAE Recommended Practice J902 (1964) (incorporated by reference, see Sec. 571.5) when tested in accordance with S4.3, except that ``the critical area'' specified in paragraph 3.1 of SAE Recommended Practice J902 (1964) shall be that established as Area C in accordance with Motor Vehicle Safety Standard No. 104, ``Windshield Wiping and Washing Systems,'' and ``the entire windshield'' specified in paragraph 3.3 of SAE Recommended Practice J902 (1964) shall be that established as Area A in accordance with Sec. 571.104. S4.3 Demonstration procedure. The passenger car windshield defrosting and defogging system shall be tested in accordance with the portions of paragraphs 4.1 through 4.4.7 of SAE Recommended Practice J902 (1964) or SAE Recommended Practice J902a (1967) (both incorporated by reference, see Sec. 571.5) applicable to that system, except that-- (a) During the first 5 minutes of the test: (1) For a passenger car equipped with a heating system other than a heat exchanger type that uses the engine's coolant as a means to supply the heat to the heat exchanger, the warm-up procedure is that specified by the vehicle's manufacturer for cold weather starting, except that connection to a power or heat source external to the vehicle is not permitted. (2) For all other passenger cars, the warm-up procedure may be that recommended by the vehicle's manufacturer for cold weather starting. (b) During the last 35 minutes of the test period (or the entire test period if the 5-minute warm-up procedure specified in paragraph (a) of this section is not used), [[Page 324]] (1) For a passenger car equipped with a heating system other than a heat exchanger type that uses the engine's coolant as a means to supply the heat to the heat exchanger, the procedure shall be that specified by the vehicle's manufacturer for cold weather starting, except that connection to a power or heat source external to the vehicle is not permitted. (2) For all other passenger cars, either-- (i) The engine speed shall not exceed 1,500 r.p.m. in neutral gear; or (ii) The engine speed and load shall not exceed the speed and load at 40 kilometers per hour in the manufacturer's recommended gear with road load; (c) A room air change of 90 times per hour is not required; (d) The windshield wipers may be used during the test if they are operated without manual assist; (e) One or two windows may be open a total of 25 millimeters; (f) The defroster blower may be turned on at any time; and (g) The wind velocity is at any level from 0 to 3 kilometers per hour. (h) The test chamber temperature and the wind velocity shall be measured, after the engine has been started, at the forwardmost point of the vehicle or a point 914 millimeters from the base of the windshield, whichever is farther forward, at a level halfway between the top and bottom of the windshield on the vehicle centerline. [36 FR 22902, Dec. 2, 1971, as amended at 40 FR 12992, Mar. 24, 1975; 40 FR 32336, Aug. 1, 1975; 50 FR 48775, Nov. 27, 1985; 59 FR 11006, Mar. 9, 1994; 60 FR 13642, Mar. 14, 1995; 77 FR 755, Jan. 6, 2012] Sec. 571.104 Standard No. 104; Windshield wiping and washing systems. S1. Scope. This standard specifies requirements for windshield wiping and washing systems. S2. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses. S3. Definitions. The term seating reference point is substituted for the terms manikin H point, manikin H point with seat in rearmost position and H point wherever any of these terms appear in any SAE Standard or SAE Recommended Practice referred to in this standard. Daylight opening means the maximum unobstructed opening through the glazing surface, as defined in paragraph 2.3.12 of section E, ``Ground Vehicle Practice,'' of SAE Aerospace-Automotive Drawing Standards (1963) (incorporated by reference, see Sec. 571.5). 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 (1966) (incorporated by reference, see Sec. 571.5). Overall width means the maximum overall body width dimension ``W116'', as defined in section E, ``Ground Vehicle Practice,'' of SAE Aerospace-Automotive Drawing Standards (1963) (incorporated by reference, see Sec. 571.5). Plan view reference line means-- (a) For vehicles with bench-type seats, a line parallel to the vehicle longitudinal centerline outboard of the steering wheel centerline 0.15 times the difference between one-half of the shoulder room dimension and the steering wheel centerline-to-car-centerline dimension as shown in Figure 2 of SAE Recommended Practice J903a (1966) (incorporated by reference, see Sec. 571.5); or (b) For vehicles with individual-type seats, either-- (i) A line parallel to the vehicle longitudinal centerline which passes through the center of the driver's designated seating position; or (ii) A line parallel to the vehicle longitudinal centerline located so that the geometric center of the 95 percent eye range contour is positioned on the longitudinal centerline of the driver's designated seating position. Shoulder room dimension means the front shoulder room dimension ``W3'' as defined in section E, ``Ground Vehicle Practice,'' of SAE Aerospace-Automotive Drawing Standards (1963) (incorporated by reference, see Sec. 571.5). 95 percent eye range contour means the 95th percentile tangential cutoff specified in SAE Recommended Practice J941 (1965) (incorporated by reference, see Sec. 571.5). S4. Requirements. [[Page 325]] S4.1 Windshield wiping system. Each vehicle shall have a power- driven windshield wiping system that meets the requirements of S4.1.1. S4.1.1 Frequency. S4.1.1.1 Each windshield wiping system shall have at least two frequencies or speeds. S4.1.1.2 One frequency or speed shall be at least 45 cycles per minute regardless of engine load and engine speed. S4.1.1.3 Regardless of engine speed and engine load, the highest and one lower frequency or speed shall differ by at least 15 cycles per minute. Such lower frequency or speed shall be at least 20 cycles per minute regardless of engine speed and engine load. S4.1.1.4 Compliance with subparagraphs S4.1.1.2 and S4.1.1.3 may be demonstrated by testing under the conditions specified in sections 4.1.1 and 4.1.2 of SAE Recommended Practice J903a (1966) (incorporated by reference, see Sec. 571.5). S4.1.2 Wiped area. When tested wet in accordance with SAE Recommended Practice J903a (1966) (incorporated by reference, see Sec. 571.5), each passenger car windshield wiping system shall wipe the percentage of Areas A, B, and C of the windshield (established in accordance with S4.1.2.1) that (1) is specified in column 2 of the applicable table following subparagraph S4.1.2.1 and (2) is within the area bounded by a perimeter line on the glazing surface 25 millimeters from the edge of the daylight opening. S4.1.2.1 Areas A, B, and C shall be established as shown in Figures 1 and 2 of SAE Recommended Practice J903a (1966) (incorporated by reference, see Sec. 571.5) using the angles specified in Columns 3 through 6 of Table I, II, III, or IV, as applicable. Table I--Passenger Cars of Less Than 1520 Millimeters in Overall Width ---------------------------------------------------------------------------------------------------------------- Column 2-- Angles in degrees Minimum ------------------------------------ Column 1--Area percent to Column Column Column Column be wiped 3--Left 4--Right 5--Up 6--Down ---------------------------------------------------------------------------------------------------------------- A.............................................................. 80 16 49 7 5 B.............................................................. 94 13 46 4 3 C.............................................................. 99 7 15 3 1 ---------------------------------------------------------------------------------------------------------------- Table II--Passenger Cars of 1520 or More But Less Than 1630 Millimeters in Overall Width ---------------------------------------------------------------------------------------------------------------- Column 2-- Angles in degrees Minimum ------------------------------------ Column 1--Area percent to Column Column Column Column be wiped 3--Left 4--Right 5--Up 6--Down ---------------------------------------------------------------------------------------------------------------- A.............................................................. 80 17 51 8 5 B.............................................................. 94 13 49 4 3 C.............................................................. 99 7 15 3 1 ---------------------------------------------------------------------------------------------------------------- Table III--Passenger Cars of 1630 or More But Less Than 1730 Millimeters in Overall Width ---------------------------------------------------------------------------------------------------------------- Column 2-- Angles in degrees Minimum ------------------------------------ Column 1--Area percent to Column Column Column Column be wiped 3--Left 4--Right 5--Up 6--Down ---------------------------------------------------------------------------------------------------------------- A.............................................................. 80 17 53 9 5 B.............................................................. 94 14 51 5 3 C.............................................................. 99 8 15 4 1 ---------------------------------------------------------------------------------------------------------------- Table IV--Passenger Cars of 1730 or More Millimeters in Overall Width ---------------------------------------------------------------------------------------------------------------- Column 2-- Angles in degrees Minimum ------------------------------------ Column 1--Area percent to Column Column Column Column be wiped 3--Left 4--Right 5--Up 6--Down ---------------------------------------------------------------------------------------------------------------- A.............................................................. 80 18 56 10 5 B.............................................................. 94 14 53 5 3 C.............................................................. 99 10 15 5 1 ---------------------------------------------------------------------------------------------------------------- S4.2 Windshield washing system. S4.2.1 Each passenger car shall have a windshield washing system that meets the requirements of SAE Recommended Practice J942 (1965) (incorporated by reference, see Sec. 571.5), except that the reference to ``the effective wipe pattern defined in SAE J903, paragraph 3.1.2'' in paragraph 3.1 of SAE Recommended Practice J942 (1965) shall be deleted and ``the areas established in accordance with subparagraph S4.1.2.1 of Motor Vehicle Safety Standard No. 104'' shall be inserted in lieu thereof. S4.2.2 Each multipurpose passenger vehicle, truck, and bus shall have a windshield washing system that meets [[Page 326]] the requirements of SAE Recommended Practice J942 (1965) (incorporated by reference, see Sec. 571.5), except that the reference to ``the effective wipe pattern defined in SAE J903, paragraph 3.1.2'' in paragraph 3.1 of SAE Recommended Practice J942 (1965) shall be deleted and ``the pattern designed by the manufacturer for the windshield wiping system on the exterior surface of the windshield glazing'' shall be inserted in lieu thereof. [36 FR 22902, Dec. 2, 1971, as amended at 58 FR 13023, Mar. 9, 1993; 60 FR 13643, Mar. 14, 1995; 63 FR 51000, Sept. 24, 1998; 77 FR 755, Jan. 6, 2012] Sec. 571.105 Standard No. 105; Hydraulic and electric brake systems. S1. Scope. This standard specifies requirements for hydraulic and electric service brake systems, and associated parking brake systems. S2. Purpose. The purpose of this standard is to insure safe braking performance under normal and emergency conditions. S3. Application. This standard applies to multi-purpose passenger vehicles, trucks, and buses with a GVWR greater than 3,500 kilograms (7,716 pounds) that are equipped with hydraulic or electric brake systems. S4. Definitions. Antilock brake system or ABS means a portion of a service brake system that automatically controls the degree of rotational wheel slip during braking by: (1) Sensing the rate of angular rotation of the wheels; (2) Transmitting signals regarding the rate of wheel angular rotation to one or more controlling devices which interpret those signals and generate responsive controlling output signals; and (3) Transmitting those controlling signals to one or more modulators which adjust brake actuating forces in response to those signals. Backup system means a portion of a service brake system, such as a pump, that automatically supplies energy, in the event of a primary brake power source failure. Brake power assist unit means a device installed in a hydraulic brake system that reduces the operator effort required to actuate the system, and that if inoperative does not prevent the operator from braking the vehicle by a continued application of muscular force on the service brake control. Brake power unit means a device installed in a brake system that provides the energy required to actuate the brakes, either directly or indirectly through an auxiliary device, with the operator action consisting only of modulating the energy application level. Directly Controlled Wheel means a wheel for which the degree of rotational wheel slip is sensed, either at that wheel or on the axle shaft for that wheel and corresponding signals are transmitted to one or more modulators that adjust the brake actuating forces at that wheel. Each modulator may also adjust the brake actuating forces at other wheels that are on the same axle or in the same axle set in response to the same signal or signals. Electric vehicle or EV means a motor vehicle that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electrical current, and which may include a non-electrical source of power designed to charge batteries and components thereof. Electrically-actuated service brakes means service brakes that utilize electrical energy to actuate the foundation brakes. Full brake application means a brake application in which the force on the brake pedal reaches 150 pounds within 0.3 seconds from the point of application of force to the brake control. Hydraulic brake system means a system that uses hydraulic fluid as a medium for transmitting force from a service brake control to the service brake, and that may incorporate a brake power assist unit, or a brake power unit. Indirectly Controlled Wheel means a wheel at which the degree of rotational wheel slip is not sensed, but at which the modulator of an antilock braking system adjusts its brake actuating forces in response to signals from one or more sensed wheels. Initial brake temperature means the average temperature of the service [[Page 327]] brakes on the hottest axle of the vehicle 0.2 mi before any brake application. Lightly loaded vehicle weight means: (a) For vehicles with a GVWR of 10,000 lbs. or less, unloaded vehicle weight plus 400 lbs. (including driver and instrumentation); (b) For vehicles with a GVWR greater than 10,000 lbs., unloaded vehicle weight plus 500 lbs. (including driver and instrumentation). Maximum drive-through speed means the highest possible constant speed at which the vehicle can be driven through 200 feet of a 500-foot radius curve arc without leaving the 12-foot lane. Parking mechanism means a component or subsystem of the drive train that locks the drive train when the transmission control is placed in a parking or other gear position and the ignition key is removed. Peak friction coefficient or PFC means the ratio of the maximum value of braking test wheel longitudinal force to the simultaneous vertical force occurring prior to wheel lockup, as the braking torque is progressively increased. Pressure component means a brake system component that contains the brake system fluid and controls or senses the fluid pressure. Regenerative braking system or RBS means an electrical energy system that is installed in an EV for recovering or dissipating kinetic energy, and which uses the propulsion motor(s) as a retarder for partial braking of the EV while returning electrical energy to the propulsion batteries or dissipating electrical energy. Skid number means the frictional resistance of a pavement measured in accordance with ASTM E274-70 (incorporated by reference, see Sec. 571.5) at 40 mph, omitting water delivery as specified in paragraphs 7.1 and 7.2 of that method. Snub means the braking deceleration of a vehicle from a higher reference speed to a lower reference speed that is greater than zero. Spike stop means a stop resulting from the application of 200 lbs of force on the service brake control in 0.08 s. Split service brake system means a brake system consisting of two or more subsystems actuated by a single control, designed so that a single failure in any subsystem (such as a leakage-type failure of a pressure component of a hydraulic subsystem except structural failure of a housing that is common to two or more subsystems, or an electrical failure in an electric subsystem) does not impair the operation of any other subsystem. Stopping distance means the distance traveled by a vehicle from the point of application of force to the brake control to the point at which the vehicle reaches a full stop. Tandem axle means a group of two or more axles placed in close arrangement one behind the other with the center lines of adjacent axles not more than 72 inches apart. Variable proportioning brake system means a system that automatically adjusts the braking force at the axles to compensate for vehicle static axle loading and/or dynamic weight transfer between axles during deceleration. Wheel lockup means 100 percent wheel slip. S5. Requirements. S5.1 Service brake systems. Each vehicle must be equipped with a service brake system acting on all wheels. Wear of the service brake must be compensated for by means of a system of automatic adjustment. Each passenger car and each multipurpose passenger vehicle, truck, and bus with a GVWR of 10,000 pounds or less must be capable of meeting the requirements of S5.1.1 through S5.1.6 under the conditions prescribed in S6, when tested according to the procedures and in the sequence set forth in S7. Each school bus with a GVWR greater than 10,000 pounds must be capable of meeting the requirements of S5.1.1 through S5.1.5, and S5.1.7 under the conditions specified in S6, when tested according to the procedures and in the sequence set forth in S7. Each multipurpose passenger vehicle, truck and bus (other than a school bus) with a GVWR greater than 10,000 pounds must be capable of meeting the requirements of S5.1.1, S5.1.2, S5.1.3, and S5.1.7 under the conditions specified in S6, when tested according to the procedures and in the sequence set forth in S7. Except as noted in S5.1.1.2 and S5.1.1.4, if a vehicle is incapable of [[Page 328]] attaining a speed specified in S5.1.1, S5.1.2, S5.1.3, or S5.1.6, its service brakes must be capable of stopping the vehicle from the multiple of 5 mph that is 4 to 8 mph less than the speed attainable in 2 miles, within distances that do not exceed the corresponding distances specified in Table II. If a vehicle is incapable of attaining a speed specified in S5.1.4 in the time or distance interval set forth, it must be tested at the highest speed attainable in the time or distance interval specified. S5.1.1 Stopping distance. (a) The service brakes shall be capable of stopping each vehicle with a GVWR of less than 8,000 pounds, and each school bus with a GVWR between 8,000 pounds and 10,000 pounds in four effectiveness tests within the distances and from the speeds specified in S5.1.1.1, S5.1.1.2, S5.1.1.3, and S5.1.1.4. (b) The service brakes shall be capable of stopping each vehicle with a GVWR of between 8,000 pounds and 10,000 pounds, other than a school bus, in three effectiveness tests within the distances and from the speeds specified in S5.1.1.1, S5.1.1.2, and S5.1.1.4. (c) The service brakes shall be capable of stopping each vehicle with a GVWR greater than 10,000 pounds in two effectiveness tests within the distances and from the speeds specified in S5.1.1.2 and S5.1.1.3. Each school bus with a GVWR greater than 10,000 pounds manufactured after January 12, 1996 and before March 1, 1999 and which is equipped with an antilock brake system may comply with paragraph S5.1.1.2 and S5.5.1 rather than the first effectiveness test, as specified in S5.1.1.1. Each school bus with a GVWR greater than 10,000 pounds manufactured on or after March 1, 1999 shall be capable of meeting the requirements of S5.1.1 through S5.1.5, under the conditions prescribed in S6, when tested according to the procedures and in the sequence set forth in S7. S5.1.1.1 In the first (preburnished) effectiveness test, the vehicle shall be capable of stopping from 30 mph and 60 mph within the corresponding distances specified in column I of table II. S5.1.1.2 In the second effectiveness test, each vehicle with a GVWR of 10,000 pounds or less and each school bus with a GVWR greater than 10,000 pounds shall be capable of stopping from 30 mph and 60 mph, and each vehicle with a GVWR greater than 10,000 pounds (other than a school bus) shall be capable of stopping from 60 mph, within the corresponding distances specified in Column II of Table II. If the speed attainable in 2 miles is not less than 84 mph, a passenger car or other vehicle with a GVWR of 10,000 pounds or less shall also be capable of stopping from 80 mph within the corresponding distances specified in Column II of Table II. S5.1.1.3 In the third effectiveness test the vehicle shall be capable of stopping at lightly loaded vehicle weight from 60 mph within the corresponding distance specified in column III of table II. S5.1.1.4 In the fourth effectiveness test, a vehicle with a GVWR of 10,000 pounds or less shall be capable of stopping from 30 and 60 mph within the corresponding distances specified in column I of table II. If the speed attainable in 2 miles is not less than 84 mph, a passenger car, or other vehicle with a GVWR of 10,000 lbs., or less, shall also be capable of stopping from 80 mph within the corresponding distance specified in column I of table II. If the speed attainable in 2 miles is not less than 99 mph, a passenger car shall, in addition, be capable of stopping from the applicable speed indicated below, within the corresponding distance specified in column I of table II. ------------------------------------------------------------------------ Required Speed attainable in 2 miles (mph) to stop from (mph) ------------------------------------------------------------------------ Not less than 99 but less than 104.......................... 95 104 or more................................................. 100 ------------------------------------------------------------------------ For an EV, the speed attainable in 2 miles is determined with the propulsion batteries at a state of charge of not less than 95 percent at the beginning of the run. S5.1.2 Partial failure. S5.1.2.1 In vehicles manufactured with a split service brake system, in the event of a rupture or leakage type of failure in a single subsystem, other than a structural failure of a housing that is common to two or more subsystems, the remaining portion(s) of the service brake system shall continue to operate and shall be capable of [[Page 329]] stopping a vehicle from 60 mph within the corresponding distance specified in column IV of table II. S5.1.2.2 In vehicles not manufactured with a split service brake system, in the event of any one rupture or leakage type of failure in any component of the service brake system the vehicle shall, by operation of the service brake control, be capable of stopping 10 times consecutively from 60 mph within the corresponding distance specified in column IV of table II. S5.1.2.3 For a vehicle manufactured with a service brake system in which the brake signal is transmitted electrically between the brake pedal and some or all of the foundation brakes, regardless of the means of actuation of the foundation brakes, the vehicle shall be capable of stopping from 60 mph within the corresponding distance specified in Column IV of Table II with any single failure in any circuit that electrically transmits the brake signal, and with all other systems intact. S5.1.2.4 For an EV manufactured with a service brake system that incorporates RBS, the vehicle shall be capable of stopping from 60 mph within the corresponding distance specified in Column IV of Table II with any single failure in the RBS, and with all other systems intact. S5.1.3 Inoperative brake power assist unit or brake power unit. A vehicle equipped with one or more brake power assist units shall meet the requirements of either S5.1.3.1, S5.1.3.2, or S5.1.3.4 (chosen at the option of the manufacturer), and a vehicle equipped with one or more brake power units shall meet the requirements of either S5.1.3.1, S5.1.3.3, or S5.1.3.4 (chosen at the option of the manufacturer). S5.1.3.1 The service brakes on a vehicle equipped with one or more brake power assist units or brake power units, with one such unit inoperative and depleted of all reserve capability, shall be capable of stopping a vehicle from 60 mph within the corresponding distance specified in column IV of table II. S5.1.3.2 Brake power assist units. The service brakes on a vehicle equipped with one or more brake power assist units, with one such unit inoperative, shall be capable of stopping a vehicle from 60 mph: (a) In six consecutive stops at an average deceleration for each stop that is not lower than that specified in column I of table III, when the inoperative unit is not initially depleted of all reserve capability; and (b) In a final stop, at an average deceleration that is not lower than 7 FPSPS for passenger cars (equivalent stopping distance 554 feet) or 6 FPSPS for vehicles other than passenger cars (equivalent stopping distance 646 feet), as applicable, when the inoperative unit is depleted of all reserve capacity. S5.1.3.3 Brake power units. The service brakes of a vehicle equipped with one or more brake power units with an accumulator-type reserve system, with any one failure in any one unit shall be capable of stopping the vehicle from 60 mph-- (a) In 10 consecutive stops at an average deceleration for each stop that is not lower than that specified in column II of table III, when the unit is not initially depleted of all reserve capability; and (b) In a final stop, at an average deceleration that is not lower than 7 FPSPS for passenger cars (equivalent stopping distance 554 feet) or 6 FPSPS for vehicles other than passenger cars (equivalent stopping distance 646 feet), as applicable, when the inoperative unit is depleted of all reserve capacity. S5.1.3.4 Brake power assist and brake power units. The service brakes of a vehicle equipped with one or more brake power assist units or brake power units with a backup system, with one brake power assist unit or brake power unit inoperative and depleted of all reserve capability and with only the backup system operating in the failed subsystem, shall be capable of stopping the vehicle from 60 mph in 15 consecutive stops at an average deceleration for each stop that is not lower than 12 fpsps (equivalent stopping distance 323 feet). S5.1.3.5 Electric brakes. Each vehicle with electrically-actuated service brakes (brake power unit) shall comply with the requirements of S5.1.3.1 with any single electrical failure in the electrically-actuated service brakes and all other systems intact. [[Page 330]] S5.1.4 Fade and recovery. The service brakes shall be capable of stopping each vehicle in two fade and recovery tests as specified below. S5.1.4.1 The control force used for the baseline check stops or snubs shall be not less than 10 pounds, nor more than 60 pounds, except that the control force for a vehicle with a GVWR of 10,000 pounds or more may be between 10 pounds and 90 pounds. S5.1.4.2 (a) Each vehicle with GVWR of 10,000 lbs or less shall be capable of making 5 fade stops (10 fade stops on the second test) from 60 mph at a deceleration not lower than 15 fpsps for each stop, followed by 5 fade stops at the maximum deceleration attainable from 5 to 15 fpsps. (b) Each vehicle with a GVWR greater than 10,000 pounds shall be capable of making 10 fade snubs (20 fade snubs on the second test) from 40 mph to 20 mph at 10 fpsps for each snub. S5.1.4.3 (a) Each vehicle with a GVWR of 10,000 pounds or less shall be capable of making five recovery stops from 30 mph at 10 fpsps for each stop, with a control force application that falls within the following maximum and minimum limits: (1) A maximum for the first four recovery stops of 150 pounds, and for the fifth stop, of 20 pounds more than the average control force for the baseline check; and (2) A minimum of-- (A) The average control force for the baseline check minus 10 pounds, or (B) The average control force for the baseline check times 0.60, whichever is lower (but in no case lower than 5 pounds). (b) Each vehicle with a GVWR of more than 10,000 pounds shall be capable of making five recovery snubs from 40 mph to 20 mph at 10 fpsps for each snub, with a control force application that falls within the following maximum and minimum limits: (1) A maximum for the first four recovery snubs of 150 pounds, and for the fifth snub, of 20 pounds more than the average control force for the baseline check (but in no case more than 100 pounds); and (2) A minimum of-- (A) The average control force for the baseline check minus 10 pounds, or (B) The average control force for the baseline check times 0.60, whichever is lower (but in no case lower than 5 pounds). S5.1.5 Water recovery. The service brakes shall be capable of stopping each vehicle in a water recovery test, as specified below. S5.1.5.1 The control force used for the baseline check stops or snubs shall be not less than 10 pounds, nor more than 60 pounds, except that the control force for a vehicle with a GVWR of 10,000 pounds or more may be between 10 and 90 pounds. S5.1.5.2(a) After being driven for 2 minutes at a speed of 5 mph in any combination of forward and reverse directions through a trough having a water dept of 6 inches, each vehicle with a GVWR of 10,000 pounds or less shall be capable of making five recovery stops from 30 mph at ten fpsps for each stop with a control force application that falls within the following maximum and minimum limits: (1) A maximum for the first four recovery stops of 150 pounds, and for the fifth stop, of 45 pounds more than the average control force for the baseline check (but in no case more than 90 pounds, except that the maximum control force for the fifth stop in the case of a vehicle manufactured before September 1, 1976, shall be not more than plus 60 pounds of the average control force for the baseline check (but in no case more than 110 pounds). (2) A minimum of-- (A) The average control force for the baseline check minus 10 pounds, or (B) The average control force for the baseline check times 0.60, whichever is lower (but in no case lower than 5 pounds). (b) After being driven for 2 minutes at a speed of 5 mph in any combination of forward and reverse directions through a trough having a water depth of 6 inches, each vehicle with a GVWR of more than 10,000 pounds shall be capable of making five recovery stops from 30 mph at 10 fpsps for each stop with a control force application that falls within the following maximum and minimum limits: (1) A maximum for the first four recovery stops of 150 pounds, and for the fifth stop, of 60 pounds more than the [[Page 331]] average control force for the baseline check (but in no case more than 110 pounds); and (2) A minimum of-- (A) The average control force for the baseline check minus 10 pounds, or (B) The average control force for the baseline check times 0.60, whichever is lower (but in no case lower than 5 pounds). S5.1.6 Spike stops. Each vehicle with a GVWR of 10,000 lbs. or less shall be capable of making 10 spike stops from 30 mph, followed by 6 effectiveness (check) stops from 60 mph, at least one of which shall be within a corresponding stopping distance specified in column I of table II. S5.1.7 Stability and control during braking. When stopped four consecutive times under the conditions specified in S6, each vehicle with a GVWR greater than 10,000 pounds manufactured on or after July 1, 2005 and each vehicle with a GVWR greater than 10,000 pounds manufactured in two or more stages on or after July 1, 2006 shall stop from 30 mph or 75 percent of the maximum drive-through speed, whichever is less, at least three times within the 12-foot lane, without any part of the vehicle leaving the roadway. Stop the vehicle with the vehicle at its lightly loaded vehicle weight, or at the manufacturer's option, at its lightly loaded vehicle weight plus not more than an additional 1000 pounds for a roll bar structure on the vehicle. S5.2 Parking Brake System. Each vehicle shall be manufactured with a parking brake system of a friction type with a solely mechanical means to retain engagement, which shall under the conditions of S6, when tested according to the procedures specified in S7, meet the requirements specified in S5.2.1, S5.2.2, or S5.2.3 as appropriate, with the system engaged-- (a) In the case of a vehicle with a GVWR of 4,536 kilograms (10,000 pounds) or less, with a force applied to the control not to exceed 125 pounds for a foot-operated system and 90 pounds for a hand-operated system; and (b) In the case of a vehicle with a GVWR greater than 4,536 kilograms (10,000 pounds), with a force applied to the control not to exceed 150 pounds for a foot-operated system and 125 pounds for a hand- operated system. S5.2.1. Except as provided in Sec. 5.2.2, the parking brake system on a passenger car and on a school bus with a GVWR of 10,000 pounds or less shall be capable of holding the vehicle stationary (to the limit of traction on the braked wheels) for 5 minutes in both a forward and reverse direction on a 30 percent grade. S5.2.2 A vehicle of a type described in S5.2.1 at the option of the manufacturer may meet the requirements of S5.2.2.1, S5.2.2.2, and S5.2.2.3 instead of the requirements of S5.2.1 if: (a) The vehicle has a transmission or transmission control which incorporates a parking mechanism, and (b) The parking mechanism must be engaged before the ignition key can be removed. S5.2.2.1 The vehicle's parking brake and parking mechanism, when both are engaged, shall be capable of holding the vehicle stationary (to the limit of traction of the braked wheels) for 5 minutes, in both forward and reverse directions, on a 30 percent grade. S5.2.2.2 The vehicle's parking brake, with the parking mechanism not engaged, shall be capable of holding the vehicle stationary for 5 minutes, in both forward and reverse directions, on a 20 percent grade. S5.2.2.3 With the parking mechanism engaged and the parking brake not engaged, the parking mechanism shall not disengage or fracture in a manner permitting vehicle movement, when the vehicle is impacted at each end, on a level surface, by a barrier moving at 2\1/2\ mph. S5.2.3 (a) The parking brake system on a multipurpose passenger vehicle, truck or bus (other than a school bus) with a GVWR of 4,536 kilograms (10,000 pounds) or less shall be capable of holding the vehicle stationary for 5 minutes, in both forward and reverse directions, on a 20 percent grade. (b) The parking brake system on a multipurpose passenger vehicle, truck, or bus (including a school bus) with a GVWR greater than 4,536 kilograms (10,000 pounds) shall be capable of holding the vehicle stationary for 5 minutes, in both forward and reverse directions, on a 20 percent grade. [[Page 332]] S5.3 Brake system indicator lamp. Each vehicle shall have a brake system indicator lamp or lamps, mounted in front of and in clear view of the driver, which meet the requirements of S5.3.1 through S5.3.5. A vehicle with a GVWR of 10,000 pounds or less may have a single common indicator lamp. A vehicle with a GVWR of greater than 10,000 pounds may have an indicator lamp which is common for gross loss of pressure, drop in the level of brake fluid, or application of the parking brake, but shall have a separate indicator lamp for antilock brake system malfunction. However, the options provided in S5.3.1(a) shall not apply to a vehicle manufactured without a split service brake system; such a vehicle shall, to meet the requirements of S5.3.1(a), be equipped with a malfunction indicator that activates under the conditions specified in S5.3.1(a)(4). This warning indicator shall, instead of meeting the requirements of S5.3.2 through S5.3.5, activate (while the vehicle remains capable of meeting the requirements of S5.1.2.2 and the ignition switch is in the ``on'' position) a continuous or intermittent audible signal and a flashing warning light, displaying the words ``STOP-BRAKE FAILURE'' in block capital letters not less than one-quarter of an inch in height. S5.3.1 An indicator lamp shall be activated when the ignition (start) switch is in the ``on'' (``run'') position and whenever any of the conditions (a) or (b), (c), (d), (e), (f), and (g) occur: (a) A gross loss of pressure (such as caused by rupture of a brake line but not by a structural failure of a housing that is common to two or more subsystems) due to one of the following conditions (chosen at the option of the manufacturer): (1) Before or upon application of a differential pressure of not more than 225 lb/in\2\ between the active and failed brake system measured at a master cylinder outlet or a slave cylinder outlet. (2) Before or upon application of 50 pounds of control force upon a fully manual service brake. (3) Before or upon application of 25 pounds of control force upon a service brake with a brake power assist unit. (4) When the supply pressure in a brake power unit drops to a level not less than one-half of the normal system pressure. (b) A drop in the level of brake fluid in any master cylinder reservoir compartment to less than the recommended safe level specified by the manufacturer or to one-fourth of the fluid capacity of that reservoir compartment, whichever is greater. (c) A malfunction that affects the generation or transmission of response or control signals in an antilock brake system, or a total functional electrical failure in a variable proportioning brake system. (d) Application of the parking brake. (e) For a vehicle with electrically-actuated service brakes, failure of the source of electric power to the brakes, or diminution of state of charge of the batteries to less than a level specified by the manufacturer for the purpose of warning a driver of degraded brake performance. (f) For a vehicle with electric transmission of the service brake control signal, failure of a brake control circuit. (g) For an EV with RBS that is part of the service brake system, failure of the RBS. S5.3.2 (a) Except as provided in paragraph (b) of this section, all indicator lamps shall be activated as a check of lamp function either when the ignition (start) switch is turned to the ``on'' (run) position when the engine is not running, or when the ignition (start) switch is in a position between ``on'' (run) and ``start'' that is designated by the manufacturer as a check position. (b) The indicator lamps need not be activated when a starter interlock is in operation. S5.3.3 (a) Each indicator lamp activated due to a condition specified in S5.3.1 shall remain activated as long as the malfunction exists, whenever the ignition (start) switch is in the ``on'' (run) position, whether or not the engine is running. (b) For vehicles manufactured on and after September 1, 1999 with GVWRs greater than 10,000 lbs, each message about the existence of a malfunction, as described in S5.3.1(c), shall be stored in the antilock brake system after the [[Page 333]] ignition switch is turned to the ``off'' position and the indicator lamp shall be automatically reactivated when the ignition switch is again turned to the ``on'' position. The indicator lamp shall also be activated as a check of lamp function whenever the ignition is turned to the ``on'' (run) position. The indicator lamp shall be deactivated at the end of the check of lamp function unless there is a malfunction or a message about a malfunction that existed when the key switch was last turned to the ``off'' position. S5.3.4 When an indicator lamp is activated it may be steady burning or flashing. S5.3.5 (a) Each indicator lamp shall display word, words or abbreviation, in accordance with the requirements of Standard No. 101 (49 CFR 571.101) and/or this section, which shall have letters not less than \1/8\-inch high and be legible to the driver in daylight when lighted. Words in addition to those required by Standard No. 101 and/or this section and symbols may be provided for purposes of clarity. (b) If a single common indicator is used, the lamp shall display the word ``Brake''. The letters and background of a single common indicator shall be of contrasting colors, one of which is red. (c)(1) If separate indicators are used for one or more of the conditions described in S5.3.1(a) through S5.3.1(g) of this standard, the indicator display shall include the word ``Brake'' and appropriate additional labeling, except as provided in (c)(1) (A) through (D) of this paragraph. (A) If a separate indicator lamp is provided for gross loss of pressure, the words ``Brake Pressure'' shall be used for S5.3.1(a). (B) If a separate indicator lamp is provided for low brake fluid, the words ``Brake Fluid'' shall be used for S5.3.1(b), except for vehicles using hydraulic system mineral oil. (C) If a separate indicator lamp is provided for an anti-lock system, the single word ``Antilock'' or ``Anti-lock'', or the abbreviation ``ABS'', may be used for S5.3.1(c). (D) If a separate indicator lamp is provided for application of the parking brake, the single word ``Park'' may be used for S5.3.1(d). (E) If a separate indicator is used for the regenerative brake system, the symbol ``RBS'' may be used. RBS failure may also be indicated by a lamp displaying the symbol ``ABS/RBS.'' (2) Except for a separate indicator lamp for an anti-lock system, a regenerative system, or an indicator for both anti-lock and regenerative system, the letters and background of each separate indicator lamp shall be of contrasting colors, one of which is red. The letters and background of a separate lamp for an anti-lock system, a regenerative system, or a lamp displaying both an anti-lock and a regenerative system shall be of contrasting colors, one of which is yellow. S5.4 Reservoirs. S5.4.1 Master cylinder reservoirs. A master cylinder shall have a reservoir compartment for each service brake subsystem serviced by the master cylinder. Loss of fluid from one compartment shall not result in a complete loss of brake fluid from another compartment. S5.4.2 Reservoir capacity. Reservoirs, whether for master cylinders or other type systems, shall have a total minimum capacity equivalent to the fluid displacement resulting when all the wheel cylinders or caliper pistons serviced by the reservoirs move from a new lining, fully retracted position (as adjusted initially to the manufacturer's recommended setting) to a fully worn, fully applied position, as determined in accordance with S7.18(c) of this standard. Reservoirs shall have completely separate compartments for each subsystem except that in reservoir systems utilizing a portion of the reservoir for a common supply to two or more subsystems, individual partial compartments shall each have a minimum volume of fluid equal to at least the volume displaced by the master cylinder piston servicing the subsystem, during a full stroke of the piston. Each brake power unit reservoir servicing only the brake system shall have a minimum capacity equivalent to the fluid displacement required to charge the system piston(s) or accumulator(s) to normal operating pressure plus the displacement resulting when [[Page 334]] all the wheel cylinders or caliper pistons serviced by the reservoir or accumulator(s) move from a new lining fully retracted position (as adjusted initially to the manufacturer's recommended setting) to a fully worn, fully applied position. S5.4.3 Reservoir labeling--Each vehicle equipped with hydraulic brakes shall have a brake fluid warning statement that reads as follows, in letters at least one-eighth of an inch high: ``WARNING, Clean filler cap before removing. Use only ______ fluid from a sealed container.'' (Inserting the recommended type of brake fluid as specified in 49 CFR 571.116, e.g., ``DOT 3''). The lettering shall be-- (a) Permanently affixed, engraved, or embossed; (b) Located so as to be visible by direct view, either on or within 4 inches of the brake fluid reservoir filler plug or cap; and (c) Of a color that contrasts with its background, if it is not engraved or embossed. S5.5 Antilock and variable proportioning brake systems. S5.5.1 Each vehicle with a GVWR greater than 10,000 pounds, except for any vehicle with a speed attainable in 2 miles of not more than 33 mph, shall be equipped with an antilock brake system that directly controls the wheels of at least one front axle and the wheels of at least one rear axle of the vehicle. On each vehicle with a GVWR greater than 10,000 pounds but not greater than 19,500 pounds and motor homes with a GVWR greater than 10,000 pounds but not greater than 22,500 pounds manufactured before March 1, 2001, the antilock brake system may also directly control the wheels of the rear drive axle by means of a single sensor in the driveline. Wheels on other axles of the vehicle may be indirectly controlled by the antilock brake system. S5.5.2 In the event of any failure (structural or functional) in an antilock or variable proportioning brake system, the vehicle shall be capable of meeting the stopping distance requirements specified in S5.1.2 for service brake system partial failure. For an EV that is equipped with both ABS and RBS that is part of the service brake system, the ABS must control the RBS. S5.6 Brake system integrity. Each vehicle shall be capable of completing all performance requirements of S5 without-- (a) Detachment or fracture of any component of the braking system, such as brake springs and brake shoe or disc pad facing, other than minor cracks that do not impair attachment of the friction facing. All mechanical components of the braking system shall be intact and functional. Friction facing tearout (complete detachment of lining) shall not exceed 10 percent of the lining on any single frictional element. (b) Any visible brake fluid or lubricant on the friction surface of the brake, or leakage at the master cylinder or brake power unit reservoir cover, seal and filler openings. S6 Test conditions. The performance requirements of S5 shall be met under the following conditions. Where a range of conditions is specified, the vehicle shall be capable of meeting the requirements at all points within the range. Compliance of vehicles manufactured in two or more stages may, at the option of the final-stage manufacturer, be demonstrated to comply with this standard by adherence to the instructions of the incomplete manufacturer provided with the vehicle in accordance with Sec. 568.4(a)(7)(ii) and Sec. 568.5 of title 49 of the Code of Federal Regulations. S6.1 Vehicle weight. S6.1.1 Other than tests specified at lightly loaded vehicle weight in S7.5(a), S7.7, S7.8, and S7.9, the vehicle is loaded to its GVWR such that the weight on each axle as measured at the tire-ground interface is in proportion to its GAWR, except that each fuel tank is filled to any level from 100 percent of capacity (corresponding to full GVWR) to 75 percent. However, if the weight on any axle of a vehicle at lightly loaded vehicle weight exceeds the axle's proportional share of the gross vehicle weight rating, the load required to reach GVWR is placed so that the weight on that axle remains the same as a lightly loaded vehicle weight. S6.1.2 For applicable tests specified in S7.5(a), S7.7, S7.8, and S7.9, vehicle weight is lightly loaded vehicle weight, [[Page 335]] with the added weight, except for the roll bar structure allowed for trucks and buses with a GVWR greater than 10,000 pounds, distributed in the front passenger seat area in passenger cars, multipurpose passenger vehicles, and trucks, and in the area adjacent to the driver's seat in buses. S6.2 Electric vehicles and electric brakes. S6.2.1 The state of charge of the propulsion batteries is determined in accordance with SAE Recommended Practice J227a (1976) (incorporated by reference, see Sec. 571.5). The applicable sections of SAE J227a (1976) are 3.2.1 through 3.2.4, 3.3.1 through 3.3.2.2, 3.4.1 and 3.4.2, 4.2.1, 5.2, 5.2.1, and 5.3. S6.2.2 At the beginning of the first effectiveness test specified in S7.3, and at the beginning of each burnishing procedure, each EV's propulsion battery is at the maximum state of charge recommended by the manufacturer, as stated in the vehicle operator's manual or on a label that is permanently attached to the vehicle, or, if the manufacturer has made no recommendation, at a state of charge of not less than 95 percent. If a battery is replaced rather than recharged, the replacement battery is to be charged and measured for state of charge in accordance with these procedures. During each burnish procedure, each propulsion battery is restored to the recommended state of charge or a state of charge of not less than 95 percent after each increment of 40 burnish stops until each burnish procedure is complete. The batteries may be charged at a more frequent interval if, during a particular 40-stop increment, the EV is incapable of achieving the initial burnish test speed. During each burnish procedure, the propulsion batteries may be charged by an external means or replaced by batteries that are charged to the state of charge recommended by the manufacturer or a state of charge of not less than 95 percent. For EVs having a manual control for setting the level of regenerative braking, the manual control, at the beginning of each burnish procedure, is set to provide maximum regenerative braking throughout the burnish. S6.2.3 At the beginning of each performance test in the test sequence (S7,3, S7.5, S7.7 through S7.11, and S7.13 through S7.19 of this standard), unless otherwise specified, each propulsion battery of an EV is at the maximum state of charge recommended by the manufacturer, as stated in the vehicle operator's manual or on a label that is permanently attached to the vehicle, or, if the manufacturer has made no recommendation, at a state of charge of not less than 95 percent. If batteries are replaced rather than recharged, each replacement battery shall be charged and measured for state of charge in accordance with these procedures. No further charging of any propulsion battery occurs during any of the performance tests in the test sequence of this standard. If the propulsion batteries are depleted during a test sequence such that the vehicle reaches automatic shut-down, will not accelerate, or the low state of charge warning lamp is illuminated, the vehicle is to be accelerated to brake test speed by auxiliary means. S6.2.4 (a) For an EV equipped with RBS, the RBS is considered to be part of the service brake system if it is automatically controlled by an application of the service brake control, if there is no means provided for the driver to disconnect or otherwise deactivate it, and if it is activated in all transmission positions, including neutral. The RBS is operational during all burnishes and all tests, except for the test of a failed RBS. (b) For an EV equipped with an RBS that is not part of the service brake system, the RBS is operational and set to produce the maximum regenerative braking effect during the burnishes, and is disabled during the test procedures. If the vehicle is equipped with a neutral gear that automatically disables the RBS, the test procedures which are designated to be conducted in gear may be conducted in neutral. S6.2.5 For tests conducted ``in neutral,'' the operator of an EV with no ``neutral'' position (or other means such as a clutch for disconnecting the drive train from the propulsion motor(s)) does not apply any electromotive force to the propulsion motor(s). Any electromotive force that is applied to the propulsion motor(s) automatically remains in effect unless [[Page 336]] otherwise specified by the test procedure. S6.2.6 A vehicle equipped with electrically-actuated service brakes also performs the following test series. Conduct 10 stopping tests from a speed of 100 kph or the maximum vehicle speed, whichever is less. At least two of the 10 stopping distances must be less than or equal to 70 meters. The vehicle is loaded to GVWR for these tests and the transmission is in the neutral position when the service brake control is actuated and throughout the remainder of the test. The battery or batteries providing power to those electrically-actuated brakes, at the beginning of each test, shall be in a depleted state of charge for conditions (a), (b), or (c) of this paragraph as appropriate. An auxiliary means may be used to accelerate an EV to test speed. (a) For an EV equipped with electrically-actuated service brakes deriving power from the propulsion batteries, and with automatic shut- down capability of the propulsion motor(s), the propulsion batteries are at not more than five percent above the EV actual automatic shut-down critical value. The critical value is determined by measuring the state- of-charge of each propulsion battery at the instant that automatic shut- down occurs and averaging the states-of-charge recorded. (b) For an EV equipped with electrically-actuated service brakes deriving power from the propulsion batteries, and with no automatic shut-down capability of the propulsion motor(s), the propulsion batteries are at an average of not more than five percent above the actual state of charge at which the brake failure warning signal, required by S5.3.1(e) of this standard, is illuminated. (c) For a vehicle which has an auxiliary battery (or batteries) that provides electrical energy to operate the electrically-actuated service brakes, the auxiliary battery(batteries) is (are) at (at an average of) not more than five percent above the actual state of charge at which the brake failure warning signal, required by S5.3.1(e) of this standard, is illuminated. S6.3 Tire inflation pressure. Tire inflation pressure is the pressure recommended by the vehicle manufacturer for the GVWR of the vehicle. S6.4 Transmission selector control. For S7.3, S7.5, S7.8, S7.15, S7.17, S7.11.1.2, S7.11.2.2, S7.11.3.2, and as required for S7.13, the transmission selector control is in neutral for all decelerations. For all other tests during all decelerations, the transmission selector is in the control position, other than overdrive, recommended by the manufacturer for driving on a level surface at the applicable test speed. To avoid engine stall during tests required to be run in gear a manual transmission may be shifted to neutral (or the clutch disengaged) when the vehicle speed decreases to 20 mph. S6.5 Engine. Engine idle speed and ignition timing settings are according to the manufacturer's recommendations. If the vehicle is equipped with an adjustable engine speed governor, it is adjusted according to the manufacturer's recommendation. S6.6 Vehicle openings. All vehicle openings (doors, windows, hood, trunk, convertible top, cargo doors, etc.) are closed except as required for instrumentation purposes. S6.7 Ambient temperature. The ambient temperature is any temperature between 32 [deg]F. and 100 [deg]F. S6.8 Wind velocity. The wind velocity is zero. S6.9 Road surface. S6.9.1 For vehicles with a GVWR of 10,000 pounds or less, road tests are conducted on a 12-foot-wide, level roadway, having a skid number of 81. Burnish stops are conducted on any surface. The parking brake test surface is clean, dry, smooth, Portland cement concrete. S6.9.2(a) For vehicles with a GVWR greater than 10,000 pounds, road tests (excluding stability and control during braking tests) are conducted on a 12-foot-wide, level roadway, having a peak friction coefficient of 1.02 when measured using an ASTM F2493 standard reference test tire, in accordance with ASTM E1337-19 (incorporated by reference, see Sec. 571.5), at a speed of 40 mph, without water delivery. Burnish stops are conducted on any surface. The parking brake test surface is clean, dry, smooth, Portland cement concrete. [[Page 337]] (b) For vehicles with a GVWR greater than 10,000 pounds, stability and control during braking tests are conducted on a 500-foot-radius curved roadway with a wet level surface having a peak friction coefficient of 0.55 when measured on a straight or curved section of the curved roadway using an ASTM F2493 standard reference tire, in accordance with ASTM E1337-19 at a speed of 40 mph, with water delivery. S6.10 Vehicle position and wheel lockup restrictions. The vehicle is aligned in the center of the roadway at the start of each brake application. Stops, other than spike stops, are made without any part of the vehicle leaving the roadway. S6.10.1 For vehicles with a GVWR of 10,000 pounds or less, stops are made with wheel lockup permitted only as follows: (a) At vehicle speeds above 10 mph, there may be controlled wheel lockup on an antilock-equipped axle, and lockup of not more than one wheel per vehicle, uncontrolled by an antilock system. (Dual wheels on one side of an axle are considered a single wheel.) (b) At vehicle speeds of 10 mph or less, any wheel may lock up for any duration. (c) Unlimited wheel lockup is allowed during spike stops (but not spike check stops), partial failure stops, and inoperative brake power or power assist unit stops. S6.10.2 For vehicles with a GVWR greater than 10,000 pounds, stops are made with wheel lockup permitted only as follows: (a) At vehicle speeds above 20 mph, any wheel on a nonsteerable axle other than the two rearmost nonliftable, nonsteerable axles may lock up for any duration. The wheels on the two rearmost nonliftable, nonsteerable axles may lock up according to (b). (b) At vehicle speeds above 20 mph, one wheel on any axle or two wheels on any tandem may lock up for any duration. (c) At vehicle speeds above 20 mph, any wheel not permitted to lock in (a) or (b) may lock up repeatedly, with each lockup occurring for a duration of one second or less. (d) At vehicle speeds of 20 mph or less, any wheel may lock up for any duration. (e) Unlimited wheel lockup is allowed during partial failure stops, and inoperative brake power or power assist stops. S6.11 Thermocouples. The brake temperature is measured by plug-type thermocouples installed in the approximate center of the facing length and width of the most heavily loaded shoe or disc pad, one per brake, as shown in figure 1. A second thermocouple may be installed at the beginning of the test sequence if the lining wear is expected to reach a point causing the first thermocouple to contact the metal rubbing surface of a drum or rotor. For centergrooved shoes or pads, thermocouples are installed within one-eighth of an inch to one-quarter inch of the groove and as close to the center as possible. S6.12 Initial brake temperature. Unless otherwise specified the brake temperature is 150 [deg]F. to 200 [deg]F. S6.13 Control forces. Unless otherwise specified, the force applied to a brake control is not less than 15 lb and not more than 150 lb. S6.14 Special drive conditions. A vehicle with a GVWR greater than 10,000 pounds equipped with an interlocking axle system or a front wheel drive system that is engaged and disengaged by the driver is tested with the system disengaged. S6.15 Selection of compliance options. Where manufacturer options are specified, the manufacturer shall select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle. Each manufacturer shall, upon request from the National Highway Traffic Safety Administration, provide information regarding which of the compliance options it has selected for a particular vehicle or make/model. S7. Test procedure and sequence. Each vehicle shall be capable of meeting all the applicable requirements of S5 when tested according to the procedures and sequence set forth below, without replacing any brake system part or making any adjustments to the brake system other than as permitted [[Page 338]] in the burnish and reburnish procedures and in S7.9 and S7.10. (For vehicles only having to meet the requirements of S5.1.1, S5.1.2, S5.1.3, and S5.1.7 in section S5.1, the applicable test procedures and sequence are S7.1, S7.2, S7.4, S7.5(b), S7.5(a), S7.8, S7.9, S7.10, and S7.18. However, at the option of the manufacturer, the following test procedure and sequence may be conducted: S7.1, S7.2, S7.3, S7.4, S7.5(b), S7.6, S7.7, S7.5(a), S7.8, S7.9, S7.10, and S7.18. The choice of this option must not be construed as adding to the requirements specified in S5.1.2 and S5.1.3.) Automatic adjusters must remain activated at all times. A vehicle shall be deemed to comply with the stopping distance requirements of S5.1 if at least one of the stops at each speed and load specified in each of S7.3, S7.5(b), S7.8, S7.9, S7.10, S7.15 and S7.17 (check stops) is made within a stopping distance that does not exceed the corresponding distance specified in Table II. When the transmission selector control is required to be in neutral for a deceleration, a stop or snub must be obtained by the following procedures: (a) Exceed the test speed by 4 to 8 mph; (b) Close the throttle and coast in gear to approximately 2 mph above the test speed; (c) Shift to neutral; and (d) When the test speed is reached, apply the service brakes. S7.1 Brake warming. If the initial brake temperature for the first stop in a test procedure (other than S7.7 and S7.16) has not been reached, heat the brakes to the initial brake temperature by making not more than 10 snubs from not more than 40 to 10 mph, at a deceleration not greater than 10 fpsps. S7.2 Pretest instrumentation check. Conduct a general check of instrumentation by making not more than 10 stops from a speed of not more than 30 mph, or 10 snubs from a speed of not more than 40 to 10 mph, at a deceleration of not more than 10 fpsps. If instrument repair, replacement, or adjustment is necessary, make not more than 10 additional stops or snubs after such repair, replacement, or adjustment. S7.3 Service brake system--first (preburnish) effectiveness test. Make six stops from 30 mph. Then make six stops from 60 mph. S7.4 Service brake system--burnish procedure. S7.4.1 Vehicles with GVWR of 10,000 lb or less. S7.4.1.1 Burnish. Burnish the brakes by making 200 stops from 40 mph at 12 fpsps (the 150 lb control force limit does not apply here). The interval from the start of one service brake application to the start of the next shall be either the time necessary to reduce the initial brake temperature to between 230 [deg]F. and 270 [deg]F., or the distance of 1 mile, whichever occurs first. Accelerate to 40 mph after each stop and maintain that speed until making the next stop. S7.4.1.2 Brake adjustment--post burnish. After burnishing, adjust the brakes in accordance with the manufacturer's published recommendations. S7.4.2 Vehicles with GVWR greater than 10,000 pounds. S7.4.2.1 Burnish. Vehicles are burnished according to the following procedures. Make 500 snubs between 40 mph and 20 mph at a deceleration rate of 10 f.p.s.p.s. Except where an adjustment is specified, after each brake application accelerate to 40 mph and maintain that speed until making the next brake application at a point 1 mile from the initial point of the previous brake application. If the vehicle cannot attain a speed of 40 mph in 1 mph, continue to accelerate until the vehicle reaches 40 mph or until the vehicle has traveled 1.5 miles from the initial point of the previous brake application, whichever occurs first. The brakes shall be adjusted three times during the burnish procedure, in accordance with the manufacturer's recommendations, after 125, 250, and 375 snubs. S7.4.2.2 Brake adjustment--post burnish. After burnishing, adjust the brakes in accordance with the manufacturer's published recommendations. S7.5 (a) Stability and control during braking (vehicles with a GVWR greater than 10,000 pounds). Make four stops in the lightly-loaded weight condition specified in S5.1.7. Use a full brake application for the duration of the stop, with the clutch pedal depressed or the transmission selector control in the [[Page 339]] neutral position, for the duration of each stop. (b) Service brake system--second effectiveness test. For vehicles with a GVWR of 10,000 pounds or less, or any school bus, make six stops from 30 mph. Then, for any vehicle, make six stops from 60 mph. Then, for a vehicle with a GVWR of 10,000 pounds or less, make four stops from 80 mph if the speed attainable in 2 miles is not less than 84 mph. S7.6 First reburnish. Repeat S7.4, except make 35 burnish stops or snubs. In the case of vehicles burnished in accordance with S7.4.2.1(a) of this section, reburnish the vehicle by making 35 snubs from 60 to 20 mph, but if the hottest brake temperature reaches 500 [deg]F 50 [deg]F, make the remainder of the brake applications from the highest snub condition listed in Table IV that will maintain the hottest brake temperature at 500 [deg]F 50 [deg]F. If at a snub condition of 40 to 20 mph, the temperature of the hottest brake exceeds 550 [deg]F, make the remainder of the 35 brake applications from the snub condition without regard to brake temperature. S7.7 Parking brake test. The parking brake tests for any vehicle on different grades, in different directions, and for different loads may be conducted in any order. The force required for actuation of a hand- operated brake system shall be measured at the center of the hand grip area or at a distance of 1\1/2\ inches from the end of the actuation lever, as illustrated in Figure II. S7.7.1 Test procedure for requirements of S5.2.1 and S5.2.3. S7.7.1.1 Condition the parking brake friction elements so that the temperature at the beginning of the test is at any level not more than 150 [deg]F. (when the temperature of components on both ends of an axle are averaged). S7.7.1.2 Drive the vehicle, loaded to GVWR, onto the specified grade with the longitudinal axis of the vehicle in the direction of the slope of the grade, stop the vehicle and hold it stationary by application of the service brake control, and place the transmission in neutral. S7.7.1.3 With the vehicle held stationary by means of the service brake control, apply the parking brake by a single application of the force specified in (a), (b), or (c) of this paragraph, except that a series of applications to achieve the specified force may be made in the case of a parking brake system design that does not allow the application of the specified force in a single application: (a) In the case of a passenger car or other vehicle with a GVWR of 10,000 lbs. or less, not more than 125 pounds for a foot-operated system, and not more than 90 pounds for a hand-operated system; and (b) In the case of a vehicle with a GVWR greater than 4,536 kilograms (10,000 pounds) not more than 150 pounds for a foot-operated system, and not more than 125 pounds for a hand-operated system. (c) For a vehicle using an electrically-activated parking brake, apply the parking brake by activating the parking brake control. S7.7.1.4 Following the application of the parking brake in accordance with S7.7.1.3, release all force on the service brake control and commence the measurement of time if the vehicle remains stationary. If the vehicle does not remain stationary, reapplication of the service brake to hold the vehicle stationary, with reapplication of a force to the parking brake control at the level specified in S7.7.1.3 (a) or (b) as appropriate for the vehicle being tested (without release of the ratcheting or other holding mechanism of the parking brake) may be used twice to attain a stationary position. S7.7.1.5 Following observation of the vehicle in a stationary condition for the specified time in one direction, repeat the same test procedure with the vehicle orientation in the opposite direction on the specified grade. S7.7.1.6 Check the operation of the parking brake application indicator required by S5.3.1(d). S7.7.2 Test procedure for requirements of S5.2.2 (a) Check that transmission must be placed in park position to release key; (b) Test as in S7.7.1, except in addition place the transmission control to engage the parking mechanism; and (c) Test as in S7.7.1 except on a 20 percent grade, with the parking mechanism not engaged. [[Page 340]] S7.7.3 Lightly loaded vehicle. Repeat S7.7.1 or S7.7.2 as applicable except with the vehicle at lightly loaded vehicles weight or at manufacturer's option, for a vehicle with GVWR greater than 10,000 pounds, at lightly loaded vehicle weight plus not more than an additional 1,000 pounds for a roll bar structure on the vehicle. S7.7.4 Non-service brake type parking brake systems. For vehicles with parking brake systems not utilizing the service brake friction elements, burnish the friction elements of such systems prior to parking brake tests according to the manufacturer's published recommendations as furnished to the purchaser. If no recommendations are furnished, run the vehicle in an unburnished condition. S7.8 Service brake system test--lightly loaded vehicle (third effectiveness) test. Make six stops from 60 mph with vehicle at lightly vehicle weight, or at the manufacturer's option for a vehicle with GVWR greater than 10,000 pounds, at lightly loaded vehicle weight plus not more than an additional 1,000 pounds for a roll bar structure on the vehicle. (This test is not applicable to a vehicle which has a GVWR of not less than 7,716 pounds and not greater than 10,000 pounds and is not a school bus.) S7.9 Service brake system test--partial failure. S7.9.1 With the vehicle at lightly loaded vehicle weight or at the manufacturer's option for a vehicle with a GVWR greater than 10,000 pounds, at lightly loaded vehicle weight plus not more than an additional 1,000 pounds for a roll bar structure on the vehicle, alter the service brake system to produce any one rupture or leakage type of failure, other than a structural failure of a housing that is common to two or more subsystems. Determine the control force, pressure level, or fluid level (as appropriate for the indicator being tested) necessary to activate the brake system indicator lamp. Make four stops if the vehicle is equipped with a split service brake system, or 10 stops if the vehicle is not so equipped, each from 60 mph, by a continuous application of the service brake control. Restore the service brake system to normal at completion of this test. S7.9.2 Repeat S7.9.1 for each of the other subsystems. S7.9.3 Repeat S7.9.1 and S7.9.2 with vehicle at GVWR. Restore the service brake system to normal at completion of this test. S7.9.4 (For vehicles with antilock and/or variable proportioning brake systems.) With vehicle at GVWR, disconnect functional power source, or otherwise render antilock system inoperative. Disconnect variable proportioning brake system. Make four stops, each from 60 mph. If more than one antilock or variable proportioning brake subsystem is provided, disconnect or render one subsystem inoperative and run as above. Restore system to normal at completion of this test. Repeat for each subsystem provided. Determine whether the brake system indicator lamp is activated when the electrical power source to the antilock or variable proportioning unit is disconnected. S7.9.5 For a vehicle in which the brake signal is transmitted electrically between the brake pedal and some or all of the foundation brakes, regardless of the means of actuation of the foundation brakes, the tests in S7.9.1 through S7.9.3 of this standard are conducted by inducing any single failure in any circuit that electrically transmits the brake signal, and all other systems intact. Determine whether the brake system indicator lamp is activated when the failure is induced. S7.9.6 For an EV with RBS that is part of the service brake system, the tests specified in S7.9.1 through S7.9.3 are conducted with the RBS disconnected and all other systems intact. Determine whether the brake system indicator lamp is activated when the RBS is disconnected. S7.10 Service brake system--inoperative brake power unit or brake power assist unit test. (For vehicles equipped with brake power unit or brake power assist unit.) S7.10.1 Regular procedure. (This test need not be run if the option in S7.10.2 is selected.) On vehicles with brake power assist units, render the brake power assist unit inoperative, or one of the brake power assist unit subsystems [[Page 341]] if two or more subsystems are provided, by disconnecting the relevant power supply. Exhaust any residual brake power reserve capability of the disconnected system. On vehicles with brake power units, disconnect the primary source of power. Make four stops, each from 60 mph by a continuous application of the service brake control. Restore the system to normal at completion of this test. For vehicles equipped with more than one brake power unit or brake power assist unit, conduct tests of each in turn. S7.10.2 Optional Procedures. On vehicles with brake power assist units, the unit is charged to maximum prior to start of test. (Engine may be run up in speed, then throttle closed quickly to attain maximum charge on vacuum assist units.) Brake power units shall also be charged to maximum accumulator pressure prior to start of test. No recharging is allowed after start of test. (a) (For vehicles with brake power assist units.) Disconnect the primary source of power. Make six stops each from 60 mph, to achieve the average deceleration for each stop as specified in table III. Apply the brake control as quickly as possible. Maintain control force until vehicle has stopped. At the completion of the stops specified above, deplete the system of any residual brake power reserve capability. Make one stop from 60 mph at an average deceleration of not lower than 7 fpsps for passenger cars (equivalent stopping distance 554 feet), or 6 fpsps for vehicles other than passenger cars (equivalent stopping distance 646 feet) and determine whether the control force exceeds 150 pounds. (b) (For vehicles with brake power units with accumulator type systems.) Test as in S7.10.2(a), except make 10 stops instead of 6 and, at the completion of the 10 stops, deplete the failed element of the brake power unit of any residual brake power reserve capability before making the final stop. (c) (For vehicles with brake power assist or brake power units with backup systems.) If the brake power or brake power assist unit operates in conjunction with a backup system and the backup system is activated automatically in the event of a primary power failure, the backup system is operative during this test. Disconnect the primary source of power of one subsystem. Make 15 stops, each from 60 mph, with the backup system activated for the failed subsystem, to achieve an average deceleration of 12 fpsps for each stop. (d) Restore systems to normal at completion of these tests. For vehicles equipped with more than one brakepower assist or brakepower unit, conduct tests of each in turn. S7.10.3 Electric brakes. (a) For vehicles with electrically-actuated service brakes, the tests in S7.10.1 or S7.10.2 are conducted with any single electrical failure in the electric brake system instead of the brake power or brake power assist systems, and all other systems intact. (b) For EVs with RBS that is part of the service brake system, the tests in S7.10.1 or S7.10.2 are conducted with the RBS discontinued and all other systems intact. S7.11 Service brake system--first fade and recovery test. S7.11.1 Baseline check stops or snubs. S7.11.1.1 Vehicles with GVWR of 10,000 lb or less. Make three stops from 30 mph at 10 fpsps for each stop. Control force readings may be terminated when vehicle speed falls to 5 mph. Average the maximum brake control force required for the three stops. S7.11.1.2 Vehicles with GVWR greater than 10,000 pounds. With transmission in neutral (or declutched), make three snubs from 40 to 20 mph at 10 fpsps for each snub. Average the maximum brake control force required for the three snubs. S7.11.2 Fade stops or snubs. S7.11.2.1 Vehicles with GVWR of 10,000 pounds or less. Make 5 stops from 60 mph at 15 fpsps followed by 5 stops at the maximum attainable deceleration between 5 and 15 fpsps for each stop. Establish an initial brake temperature before the first brake application of 130[deg] to 150 [deg]F. Initial brake temperatures before brake applications for subsequent stops are those occurring at the distance intervals. Attain the required deceleration within 1 second and, as a minimum, maintain it for the remainder of the stopping time. Control force readings may be terminated [[Page 342]] when vehicle speed falls to 5 mph. Leave an interval of 0.4 mi between the start of brake applications. Accelerate immediately to the initial test speed after each stop. Drive 1 mi at 30 mph after the last fade stop, and immediately follow the recovery procedure specified in S7.11.3.1. S7.11.2.2 Vehicles with GVWR greater than 10,000 lb. With transmission in neutral (or declutched) make 10 snubs from 40 to 20 mph at 10 fpsps for each snub. Establish an initial brake temperature before the first brake application of 130 [deg]F. to 150 [deg]F. Initial brake temperatures before brake application for subsequent snubs are those occurring in the time intervals specified below. Attain the required deceleration within 1 s and maintain it for the remainder of the snubbing time. Leave an interval of 30 s between snubs (start of brake application to start of brake application). Accelerate immediately to the initial test speed after each snub. Drive for 1.5 mi at 40 mph after the last snub and immediately follow the recovery procedure specified in S7.11.3.2. S7.11.3 Recovery stops or snubs. S7.11.3.1 Vehicles with GVWR of 10,000 lb or less. Make five stops from 30 mph at 10 fpsps for each stop. Control force readings may be terminated when vehicle speed falls to 5 mph. Allow a braking distance interval of 1 mi. Immediately after each stop accelerate at maximum rate to 30 mph and maintain that speed until making the next stop. Record the maximum control force for each stop. S7.11.3.2 Vehicles with GVWR greater than 10,000 lb. With transmission in neutral (or declutched) make five snubs from 40 to 20 mph at 10 fpsps for each snub. After each snub, accelerate at maximum rate to 40 mph and maintain that speed until making the next brake application at a point 1.5 mi from the point of the previous brake application. Record the maximum control force for each snub. S7.12 Service brake system--second reburnish. Repeat S7.6. S7.13 Service brake system--second fade and recovery test. Repeat S7.11 except in S7.11.2 run 15 fade stops or 20 snubs instead of 10. S7.14 Third reburnish. Repeat S7.6. S7.15 Service brake system--fourth effectiveness test. Repeat S7.5. Then (for passenger cars) make four stops from either 95 mph if the speed attainable in 2 mi is 99 to (but not including) 104 mph, or 100 mph if the speed attainable in 2 mi is 104 mph or greater. S7.16 Service brake system--water recovery test. S7.16.1 Baseline check stop. Make three stops from 30 mph at 10 fpsps for each stop. Control force readings may be terminated when vehicle speed falls to 5 mph. Average the maximum brake control force required for the three stops. S7.16.2 Wet brake recovery stops. With the brakes fully released at all times, drive the vehicle for 2 min at a speed of 5 mph in any combination of forward and reverse directions, through a trough having a water depth of 6 in. After leaving the trough, immediately accelerate at a maximum rate to 30 mph without a brake application. Immediately upon reaching that speed make five stops, each from 30 mph at 10 fpsps for each stop. After each stop (except the last), accelerate the vehicle immediately at a maximum rate to a speed of 30 mph and begin the next stop. S7.17 Spike stops. Make 10 successive spike stops from 30 mph with the transmission in neutral, with no reverse stops. Make spike stops by applying a control force of 200 lb while recording control force versus time. Maintain control force until vehicle has stopped. At completion of 10 spike stops, make six effectiveness stops from 60 mph. S7.18 Final inspection. Inspect-- (a) The service brake system for detachment or fracture of any components, such as brake springs and brake shoes or disc pad facing. (b) The friction surface of the brake, the master cylinder or brake power unit reservoir cover and seal and filler openings, for leakage of brake fluid or lubricant. (c) The master cylinder or brake power unit reservoir for compliance with the volume and labeling requirements of S5.4.2 and S5.4.3. In determining the fully applied worn condition assume that the lining is worn to: (1) Rivet or bolt heads on riveted or bolted linings, or (2) within one thirty- [[Page 343]] seconds of an inch of shoe or pad mounting surface on bonded linings, or (3) the limit recommended by the manufacturer, whichever is larger relative to the total possible shoe or pad movement. Drums or rotors are assumed to be at nominal design drum diameter or rotor thickness. Linings are assumed adjusted for normal operating clearance in the released position. (d) The brake system indicator light(s), for compliance with operation in various key positions, lens color, labeling, and location, in accordance with S5.3. S7.19 Moving barrier test. (Only for vehicles that have been tested according to S7.7.2.) Load the vehicle to GVWR, release parking brake, and place the transmission selector control to engage the parking mechanism. With a moving barrier as described in paragraph 4.3 of SAE Recommended Practice J972 (2000) (incorporated by reference, see Sec. 571.5), impact the vehicle from the front at 2\1/2\ mph. Keep the longitudinal axis of the barrier parallel with the longitudinal axis of the vehicle. Repeat the test, impacting the vehicle from the rear. Note: The vehicle used for this test need not be the same vehicle that has been used for the braking tests. [GRAPHIC] [TIFF OMITTED] TC01AU91.004 Figure 1--Typical Plug Thermocouple Installations Note: The second thermocouple shall be installed at .080 inch depth within 1 inch circumferentially of the thermocouple installed at .040 inch depth. [[Page 344]] [GRAPHIC] [TIFF OMITTED] TC01AU91.005 Table I--Brake Test Procedure Sequence and Requirements ---------------------------------------------------------------------------------------------------------------- Test load Sequence ---------------------------------- Test procedure Requirements Light GVWR ---------------------------------------------------------------------------------------------------------------- 1. Instrumentation check......... ............... ............... S7.2 ................... 2. First (preburnish) ............... X S7.3.................. S5.1.1.1 effectiveness test. 3. Burnish procedure............. ............... X S7.4 ................... 4. Second effectiveness test..... ............... X S7.5(b)............... S5.1.1.2 5. First reburnish............... ............... X S7.6.................. ................... 6. Parking brake................. X X S7.7.................. S5.2 7. Stability and control during X ............... S7.5(a)............... S5.1.7 braking (braking-in-a-curve test). 8. Third effectiveness (lightly X ............... S7.8.................. S5.1.1.3 loaded vehicle). 9. Partial failure............... X X S7.9.................. S5.1.2 10. Inoperative brake power and ............... X S7.10................. S5.1.3 power assist units. 11. First fade and recovery...... ............... X S7.11................. S5.1.4 12. Second reburnish............. ............... X S7.12 ................... 13. Second fade and recovery..... ............... X S7.13................. S5.1.4 14. Third reburnish.............. ............... X S7.14 ................... 15. Fourth effectiveness......... ............... X S7.15................. S5.1.1.4 16. Water recovery............... ............... X S7.16................. S5.1.5 17. Spike stops.................. ............... X S7.17................. S5.1.6 18. Final inspection............. ............... ............... S7.18................. S5.6 19. Moving barrier test.......... ............... X S7.19................. S5.2.2.3 ---------------------------------------------------------------------------------------------------------------- [[Page 345]] [GRAPHIC] [TIFF OMITTED] TR07SE99.007 Table III--Inoperative Brake Power Assist and Brake Power Units ---------------------------------------------------------------------------------------------------------------- Average deceleration, FPSPS Equivalent stopping distance, feet ----------------------------------------------------------------------------------- Column 1--brake Column 2--brake Column 3--brake Column 4--brake Stop No. power assist power unit power assist power unit ----------------------------------------------------------------------------------- (b) and (b) and (b) and (b) and (a) (c) (a) (c) (a) (c) (a) (c) ---------------------------------------------------------------------------------------------------------------- 1........................... 16.0 14.0 16.0 13.0 242 277 242 298 2........................... 12.0 12.0 13.0 11.0 323 323 298 352 3........................... 10.0 10.0 12.0 10.0 388 388 323 388 4........................... 9.0 8.5 11.0 9.5 431 456 352 409 5........................... 8.0 7.5 10.0 9.0 484 517 388 431 6........................... 7.5 6.7 9.5 8.5 517 580 409 456 7........................... \1\ 7.0 \1\ 6.0 9.0 8.0 554 646 431 484 8........................... NA NA 8.5 7.5 NA NA 456 517 9........................... NA NA 8.0 7.0 NA NA 484 554 10.......................... NA NA 7.5 6.5 NA NA 517 596 11.......................... NA NA \1\ 7.0 \1\ 6.0 NA NA 554 646 ---------------------------------------------------------------------------------------------------------------- \1\ Depleted. (a) Passenger cars; (b) vehicles other than passenger cars with GVWR of 10,000 lbs or less; (c) vehicles with GVWR greater than 10,000 lbs; NA = Not applicable. [41 FR 29696, July 19, 1976] Editorial Note: For Federal Register citations affecting Sec. 571.105, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.106 Standard No. 106; Brake hoses. S1. Scope. This standard specifies labeling and performance requirements for motor vehicle brake hose, brake hose assemblies, and brake hose end fittings. S2. Purpose. The purpose of this standard is to reduce deaths and injuries occurring as a result of brake system failure from pressure or vacuum loss due to hose or hose assembly rupture. S3. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles, and to hydraulic, air, and vacuum brake hose, brake hose assemblies, and brake hose end fittings for use in those vehicles. S4. Definitions. Armor means protective material installed on a brake hose to increase the resistance of the hose or hose assembly to abrasion or impact damage. Brake hose means a flexible conduit, other than a vacuum tubing connector, [[Page 346]] manufactured for use in a brake system to transmit or contain the fluid pressure or vacuum used to apply force to a vehicle's brakes. For hose, a dimensional description such as ``\1/4\-inch hose'' refers to the nominal inside diameter. For tubing, a dimensional description such as ``\1/4\-in tubing'' refers to the nominal outside diameter. Brake hose assembly means a brake hose, with or without armor, equipped with end fittings for use in a brake system, but does not include an air or vacuum assembly prepared by the owner or operator of a used vehicle, by his employee, or by a repair facility, for installation in that used vehicle. Brake hose end fitting means a coupler, other than a clamp, designed for attachment to the end of a brake hose. Free length means the linear measurement of hose exposed between the end fittings of a hose assembly in a straight position. Permanently attached end fitting means an end fitting that is attached by deformation of the fitting about the hose by crimping or swaging, or an end fitting that is attached by use of a sacrificial sleeve or ferrule that requires replacement each time a hose assembly is rebuilt. Preformed means a brake hose that is manufactured with permanent bends and is shaped to fit a specific vehicle without further bending. Rupture means any failure that results in separation of a brake hose from its end fitting or in leakage. Vacuum tubing connector means a flexible conduit of vacuum that (i) connects metal tubing to metal tubing in a brake system, (ii) is attached without end fittings, and (iii) when installed, has an unsupported length less than the total length of those portions that cover the metal tubing. S5. Requirements--hydraulic brake hose, brake hose assemblies, and brake hose end fittings. S5.1 Construction. (a) Each hydraulic brake hose assembly shall have permanently attached brake hose end fittings which are attached by deformation of the fitting about the hose by crimping or swaging. (b) Each hydraulic brake hose assembly that is equipped with a permanent supplemental support integrally attached to the assembly and is manufactured as a replacement for use on a vehicle not equipped, as an integral part of the vehicle's original design, with a means of attaching the support to the vehicle shall be equipped with a bracket that is integrally attached to the supplemental support and that adapts the vehicle to properly accept this type of brake hose assembly. S5.2 Labeling. S5.2.1 Each hydraulic brake hose, except hose sold as part of a motor vehicle, shall have at least two clearly identifiable stripes of at least one-sixteenth of an inch in width, placed on opposite sides of the brake hose parallel to its longitudinal axis. One stripe may be interrupted by the information required by S5.2.2, and the other stripe may be interrupted by additional information at the manufacturer's option. However, hydraulic brake hose manufactured for use only in an assembly whose end fittings prevent its installation in a twisted orientation in either side of the vehicle, need not meet the requirements of S5.2.1. S5.2.2 Each hydraulic brake hose shall be labeled, or cut from bulk hose that is labeled, at intervals of not more than 6 inches, measured from the end of one legend to the beginning of the next, in block capital letters and numerals at least one-eighth of an inch high, with the information listed in paragraphs (a) through (e) of this section. The information need not be present on hose that is sold as part of a brake hose assembly or a motor vehicle. (a) The symbol DOT, constituting a certification by the hose manufacturer that the hose conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the hose, which shall be filed in writing with: Office of Vehicle Safety Compliance, Equipment Division NVS-222, National Highway Traffic Safety Administration, 400 Seventh St. SW., Washington, DC 20590. The marking may consist of a designation other than block capital letters required by S5.2.2. (c) The month, day, and year, or the month and year, of manufacture, expressed in numerals. For example, 10/1/96 means October 1, 1996. [[Page 347]] (d) The nominal inside diameter of the hose expressed in inches or fractions of inches, or in millimeters followed by the abbreviation ``mm.'' (e) Either ``HR'' to indicate that the hose is regular expansion hydraulic hose or ``HL'' to indicate that the hose is low expansion hydraulic hose. S5.2.3 Package labeling for brake hose assemblies designed to be used with a supplemental support. (a) Each hydraulic brake hose assembly that is equipped with a permanent supplemental support integrally attached to the assembly and is manufactured as a replacement assembly for a vehicle equipped, as an integral part of the vehicle's original design, with a means of attaching the support to the vehicle shall be sold in a package that is marked or labeled as follows: ``FOR USE ON [insert Manufacturer, Model Name] ONLY''; (b) Each hydraulic brake hose assembly that is equipped with a permanent supplemental support integrally attached to the assembly and is manufactured as a replacement for use on a vehicle not equipped, as an integral part of the vehicle's original design, with a means of attaching the support to the vehicle shall comply with paragraphs (a) (1) and (2) of this section: (1) Be sold in a package that is marked or labeled as follows: ``FOR USE ONLY WITH A SUPPLEMENTAL SUPPORT.'' (2) Be accompanied by clear, detailed instructions explaining the proper installation of the brake hose and the supplemental support bracket to the vehicle and the consequences of not attaching the supplemental support bracket to the vehicle. The instructions shall be printed on or included in the package specified in paragraph (a)(1) of this section. S5.2.4 Each hydraulic brake hose assembly, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake hose assembly as specified in this paragraph or, at the option of the manufacturer, by means of labeling as specified in S5.2.4.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one-eighth of an inch high, with the following information: (a) The symbol DOT constituting certification by the hose assembler that the hose assembly conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the hose assembly, which shall be filed in writing with: Office of Vehicle Safety Compliance, Equipment Division NVS-222, National Highway Traffic Safety Administration, 400 Seventh St. SW., Washington, DC 20590. The designation may consist of block capital letters, numerals or a symbol. S5.2.4.1 At least one end fitting of a hydraulic brake hose assembly shall be etched, stamped or embossed with a designation at least one- sixteenth of an inch high that identifies the manufacturer of the hose assembly and is filed in accordance with S5.2.4(b). S5.3 Test requirements. A hydraulic brake hose assembly or appropriate part thereof shall be capable of meeting any of the requirements set forth under this heading, when tested under the conditions of S13 and the applicable procedures of S6. However, a particular hose assembly or appropriate part thereof need not meet further requirements after having been subjected to and having met the constriction requirement (S5.3.1) and any one of the requirements specified in S5.3.2 through S5.3.13. S5.3.1 Constriction. Except for that part of an end fitting which does not contain hose, every inside diameter of any section of a hydraulic brake hose assembly shall be not less than 64 percent of the nominal inside diameter of the brake hose (S6.12). S5.3.2 Expansion and burst strength. The maximum expansion of a hydraulic brake hose assembly at 1,000 psi, 1,500 psi and 2,900 psi shall not exceed the values specified in Table I (S6.1), except that a brake hose larger than \3/16\ inch or 5 mm is not subject to the 2,900 psi expansion test requirements. The hydraulic brake hose assembly shall then withstand water pressure of 4,000 psi for 2 minutes without rupture, and then shall not rupture at less than 7,000 [[Page 348]] psi for a \1/8\ inch, 3 mm, or smaller diameter hose, or at less than 5,000 psi for a hose with a diameter larger than \1/8\ inch or 3 mm (S6.2). Table I--Maximum Expansion of Free Length Brake Hose, CC/FT ---------------------------------------------------------------------------------------------------------------- Test pressure ----------------------------------------------------------------------------- 1,000 psi 1,500 psi 2,900 psi Hydraulic brake hose, inside ----------------------------------------------------------------------------- diameter Regular Low Low Regular Regular Low expansion expansion expansion expansion expansion expansion hose hose hose hose hose hose ---------------------------------------------------------------------------------------------------------------- \1/8\ inch, or 3mm, or less....... 0.66 0.33 0.79 0.42 1.21 0.61 \1/8\ inch or 3mm, to 0.86 0.55 1.02 0.72 1.67 0.91 \3/16\ inch or 5 mm.............. \3/16\ inch or 5 mm.... 1.04 0.82 1.30 1.17 * * ---------------------------------------------------------------------------------------------------------------- S5.3.3 Whip resistance. A hydraulic brake hose assembly shall not rupture when run continuously on a flexing machine for 35 hours (S6.3). S5.3.4 Tensile strength. A hydraulic brake hose assembly shall withstand a pull of 325 pounds without separation of the hose from its end fittings during a slow pull test, and shall withstand a pull of 370 pounds without separation of the hose from its end fittings during a fast pull test (S6.4). S5.3.5 Water absorption and burst strength. A hydraulic brake hose assembly, after immersion in water for 70 hours (S6.5), shall withstand water pressure of 4,000 psi for 2 minutes, and then shall not rupture at less than 5,000 psi (S6.2). S5.3.6 Water absorption and tensile strength. A hydraulic brake hose assembly, after immersion in water for 70 hours (S6.5), shall withstand a pull of 325 pounds without separation of the hose from its end fittings during a slow pull test, and shall withstand a pull of 370 pounds without separation of the hose from its end fittings during a fast pull test (S6.4). S5.3.7 Water absorption and whip resistance. A hydraulic brake hose assembly, after immersion in water for 70 hours (S6.5), shall not rupture when run continuously on a flexing machine for 35 hours (S6.3). S5.3.8 Low-temperature resistance. A hydraulic brake hose conditioned at a temperature between minus 49 degrees Fahrenheit (minus 45 degrees Celsius) and minus 54 degrees Fahrenheit (minus 48 degrees Celsius) for 70 hours shall not show cracks visible without magnification when bent around a cylinder as specified in S6.6 (S6.6). S5.3.9 Brake fluid compatibility, constriction, and burst strength. Except for brake hose assemblies designed for use with mineral or petroleum-based brake fluids, a hydraulic brake hose assembly shall meet the constriction requirement of S5.3.1 after having been subjected to a temperature of 248 degrees Fahrenheit (120 degrees Celsius) for 70 hours while filled with SAE RM-66-04 ``Compatibility Fluid,'' as described in Appendix B of SAE Standard J1703 JAN95 (incorporated by reference, see Sec. 571.5). It shall then withstand water pressure of 4,000 psi for 2 minutes and thereafter shall not rupture at less than 5,000 psi (S6.2 except all sizes of hose are tested at 5,000 psi). S5.3.10 Ozone resistance. A hydraulic brake hose shall not show cracks visible under 7-power magnification after exposure to ozone for 70 hours at 104 [deg]F. (S6.8). S5.3.11 Dynamic ozone test. A hydraulic brake hose shall not show cracks visible without magnification after having been subjected to a 48-hour dynamic ozone test (S6.9). S5.3.12 High temperature impulse test. A brake hose assembly tested under the conditions in S6.10: (a) Shall withstand pressure cycling for 150 cycles, at 295 degrees Fahrenheit (146 degrees Celsius) without leakage; (b) Shall not rupture during a 2-minute, 4,000 psi pressure hold test, and; (c) Shall not burst at a pressure less than 5,000 psi. S5.3.13 End fitting corrosion resistance. After 24 hours of exposure to salt spray, a hydraulic brake hose end fitting shall show no base metal corrosion on the end fitting surface except where [[Page 349]] crimping or the application of labeling information has caused displacement of the protective coating (S6.11). S6. Test procedures--Hydraulic brake hose, brake hose assemblies, and brake hose end fittings. S6.1. Expansion test. S6.1.1 Apparatus. Utilize a test apparatus (as shown in Figure 1) which consists of: (a) Source for required fluid pressure; (b) Test fluid of water without any additives and free of gases; (c) Reservoir for test fluid; (d) Pressure gauges; (e) Brake hose end fittings in which to mount the hose vertically; and (f) Graduate burette with 0.05 cc increments. [GRAPHIC] [TIFF OMITTED] TC01AU91.006 Fig. 1--Expansion Test Apparatus S6.1.2 Preparation. (a) Measure the free length of the hose assembly. (b) Mount the hose so that it is in a vertical straight position without tension when pressure is applied. (c) Fill the hose with test fluid and bleed all gases from the system. (d) Close the valve to the burette and apply 1,500 psi for 10 seconds; then release pressure. S6.1.3 Calculation of expansion at 1,000 and 1,500 psi. (a) Adjust the fluid level in the burette to zero. (b) Close the valve to the burette, apply pressure at the rate of 15,000 psi per minute, and seal 1,000 psi in the hose (1,500 psi in the second series, and 2,900 psi in the third series). (c) After 3 seconds open the valve to the burette for 10 seconds and allow the fluid in the expanded hose to rise into the burette. (d) Repeat the procedure in steps (b) and (c) twice. Measure the amount of test fluid which has accumulated in the burette as a result of the three applications of pressure. (e) Calculate the volumetric expansion per foot by dividing the total accumulated test fluid by 3 and further dividing by the free length of the hose in feet. S6.2 Burst strength test. (a) Connect the brake hose to a pressure system and fill it completely with water, allowing all gases to escape. (b) Apply water pressure of 4,000 psi at a rate of 15,000 psi per minute. (c) After 2 minutes at 4,000 psi, increase the pressure at the rate of 15,000 psi per minute until the pressure exceeds 5,000 psi for a brake hose larger than \1/8\ inch or 3 mm diameter, or until the pressure exceeds 7,000 psi for a brake hose of \1/8\ inch, 3 mm, or smaller diameter. S6.3 Whip resistance test. S6.3.1 Apparatus. Utilize test apparatus that is dynamically balanced and includes: (a) A movable header consisting of a horizontal bar equipped with capped end fittings and mounted through bearings at each end to points 4 inches from the center of two vertically rotating disks whose edges are in the same vertical plane; (b) An adjustable stationary header parallel to the movable header in the same horizontal plane as the centers of the disks, and fitted with open end fittings; (c) An elapsed time indicator; and (d) A source of water pressure connected to the open end fittings. S6.3.2 Preparation. (a) Except for the supplemental support specified in S6.3.2(d), remove all external appendages including, but not limited to, hose armor, chafing collars, mounting brackets, date band and spring guards. (b) Measure the hose free length. (c) Mount the hose in the whip test machine, introducing slack as specified in Table II for the size hose tested, [[Page 350]] measuring the projected length parallel to the axis of the rotating disks. The manufacturer may, at his option, adapt the fitting attachment points to permit mounting hose assemblies equipped with angled or other special fittings in the same orientation as hose assemblies equipped with straight fittings. (d) In the case of a brake hose assembly equipped with a permanent supplemental support integrally attached to the assembly, the assembly may be mounted using the supplemental support and associated means of simulating its attachment to the vehicle. Mount the supplemental support in the same vertical and horizontal planes as the stationary header end of the whip test fixture described in S6.3.1(b). Mount or attach the supplemental support so that it is positioned in accordance with the recommendation of the assembly manufacturer for attaching the supplemental support on a vehicle. Table II--Hose Lengths ------------------------------------------------------------------------ Slack, inches ----------------------- \1/8\ inch More than Free length between end fittings, inches or 3 mm \1/8\ inch hose or or 3 mm less hose ------------------------------------------------------------------------ 8 to 15\1/2\, inclusive......................... 1.750 .......... 10 to 15\1/2\, inclusive........................ .......... 1,000 Over 15\1/2\ to 19 inclusive.................... 1.250 .......... Over 19 to 24, inclusive........................ 0.750 .......... ------------------------------------------------------------------------ S6.3.3 Operation. (a) Apply 235 psi water pressure and bleed all gases from the system. (b) Drive the movable head at 800 rpm. S6.4 Tensile strength test. Utilize a tension testing machine conforming to the requirements of ASTM E4-03 (incorporated by reference, see Sec. 571.5) and provided with a recording device to measure the force applied. S6.4.1 Preparation. Mount the hose assembly to ensure straight, evenly distributed machine pull. S6.4.2 Operation. (a) Conduct the slow pull test by applying tension at a rate of 1 inch per minute travel of the moving head until separation occurs. (b) Conduct the fast pull test by applying tension at a rate of 2 inches per minute travel of the moving head until separation occurs. S6.5 Water absorption sequence tests. (a) Prepare three brake hose assemblies and measure the free length of the hose assemblies. (b) Immerse the brake hose assemblies in distilled water at 185 degrees Fahrenheit (85 degrees Celsius) for 70 hours. Remove the brake hose assemblies from the water and condition in air at room temperature for 30 minutes. (c) Conduct the tests in S6.2, S6.3, and S6.4, using a different hose for each sequence. S6.6 Low temperature resistance test. S6.6.1 Preparation. (a) Remove hose armor, if any, and condition the hose in a straight position in air at a temperature between minus 49 degrees Fahrenheit and minus 54 degrees Fahrenheit (minus 45 degrees Celsius and minus 48 degrees Celsius) for 70 hours. (b) Condition a cylinder in air at a temperature between minus 49 degrees Fahrenheit and minus 54 degrees Fahrenheit (minus 45 degrees Celsius and minus 48 degrees Celsius) for 70 hours, using a cylinder of 2\1/2\ inches in diameter for tests of hose less than \1/8\ inch or 3mm, 3 inches in diameter for tests of \1/8\ inch or 3 mm hose, 3\1/2\ inches in diameter for tests of \3/16\ to \1/4\ inch hose or 4 mm to 6 mm hose, and 4 inches in diameter for tests of hose greater than \1/4\ inch or 6 mm in diameter. S6.6.2 Flexibility testing. Bend the conditioned hose 180 degrees around the conditioned cylinder at a steady rate in a period of 3 to 5 seconds. Examine without magnification for cracks. S6.7 Brake fluid compatibility test. S6.7.1 Preparation. (a) Attach a hose assembly below a 1-pint reservoir filled with 100 ml. of SAE RM-66-04 Compatibility Fluid as shown in Figure 2. (b) Fill the hose assembly with brake fluid, seal the lower end, and place the test assembly in an oven in a vertical position. [[Page 351]] [GRAPHIC] [TIFF OMITTED] TC01AU91.007 S6.7.2 Oven treatment. (a) Condition the hose assembly at 200 [deg]F. for 70 hours. (b) Cool the hose assembly at room temperature for 30 minutes. (c) Drain the brake hose assembly, immediately determine that every inside diameter of any section of the hose assembly, except for that part of an end fitting which does not contain hose, is not less than 64 percent of the nominal inside diameter of the hose, and conduct the test specified in S6.2. S6.8 Ozone resistance test. Utilize a cylinder with a diameter eight times the nominal outside diameter of the brake hose excluding armor. S6.8.1 Preparation. After removing any armor, bind a hydraulic brake hose 360[deg] around the cylinder. In the case of hose shorter than the circumference of the cylinder, bend the hose so that as much of its length as possible is in contact. S6.8.2 Exposure to ozone. (a) Condition the hose on the cylinder in air at room temperature for 24 hours. (b) Immediately thereafter, condition the hose on the cylinder for 70 hours in an exposure chamber having an ambient air temperature of 104 degrees Fahrenheit (40 degrees Celsius) during the test and containing air mixed with ozone in the proportion of 100 parts of ozone per 100 million parts of air by volume. (c) Examine the hose for cracks under 7-power magnification, ignoring areas immediately adjacent to or within the area covered by binding. S6.9 Dynamic ozone test. S6.9.1 Apparatus. Utilize a test apparatus shown in Figure 3 which is constructed so that: (a) It has a fixed pin with a vertical orientation over which one end of the brake hose is installed. (b) It has a movable pin that is oriented 30 degrees from vertical, with the top of the movable pin angled towards the fixed pin. The moveable pin maintains its orientation to the fixed pin throughout its travel in the horizontal plane. The other end of the brake hose is installed on the movable pin. [[Page 352]] [GRAPHIC] [TIFF OMITTED] TR20DE04.004 S6.9.2 Preparation. (a) Precondition the hose assembly by laying it on a flat surface in an unstressed condition, at room temperature, for 24 hours. (b) Cut the brake hose assembly to a length of 8.6 inches (218 mm), such that no end fittings remain on the cut hose. (c) Mount the brake hose onto the test fixture by fully inserting the fixture pins into each end of the hose. Secure the hose to the fixture pins using a band clamp at each end of the hose. (d) Place the test fixture into an ozone chamber (e) Stabilize the atmosphere in the ozone chamber so that the ambient temperature is 104 [deg]F (40 degrees Celsius) and the air mixture contains air mixed with ozone in the proportion of 100 parts of ozone per 100 million parts of air by volume. This atmosphere is to remain stable throughout the remainder of the test. (f) Begin cycling the movable pin at a rate of 0.3 Hz. Continue the cycling for 48 hours. (g) At the completion of 48 hours of cycling, remove the test fixture from the ozone chamber. Without removing the hose from the test fixture, visually examine the hose for cracks without magnification, ignoring areas immediately adjacent to or within the area covered by the band clamps. Examine the hose with the movable pin at any point along its travel. S6.10 High temperature impulse test. S6.10.1 Apparatus. (a) A pressure cycling machine to which one end of the brake hose assembly can be attached, with the entire hose assembly installed vertically inside of a circulating air oven. The machine shall be capable of increasing the pressure in the hose from zero psi to 1600 psi, and decreasing [[Page 353]] the pressure in the hose from 1600 psi to zero psi, within 2 seconds. (b) A circulating air oven that can reach a temperature of 295 degrees Fahrenheit (146 degrees Celsius) within 30 minutes, and that can maintain a constant 295 degrees F (146 degrees Celsius) thereafter, with the brake hose assembly inside of the oven and attached to the pressure cycling machine. (c) A burst test apparatus to conduct testing specified in S6.2 S6.10.2 Preparation. (a) Connect one end of the hose assembly to the pressure cycling machine and plug the other end of the hose. Fill the pressure cycling machine and hose assembly with SAE RM-66-04 ``Compatibility Fluid,'' as described in Appendix B of SAE Standard J1703 JAN95 (incorporated by reference, see Sec. 571.5) and bleed all gases from the system. (b) Place the brake hose assembly inside of the circulating air oven in a vertical position. Increase the oven temperature to 295 degrees F (146 degrees Celsius) and maintain this temperature throughout the pressure cycling test. (c) During each pressure cycle, the pressure in the hose is increased from zero psi to 1600 psi and held constant for 1 minute, then the pressure is decreased from 1600 psi to zero psi and held constant for 1 minute. Perform 150 pressure cycles on the brake hose assembly. (d) Remove the brake hose assembly from the oven, disconnect it from the pressure cycling machine, and drain the fluid from the hose. Cool the brake hose assembly at room temperature for 45 minutes. (e) Wipe the brake hose using acetone to remove residual Compatibility Fluid. Conduct the burst strength test in S6.2, except all sizes of hose are tested at 5,000 psi. S6.11 End fitting corrosion test. Utilize the apparatus described in ASTM B117-03 (incorporated by reference, see Sec. 571.5). S6.11.1 Construction. Construct the salt spray chamber so that: (a) The construction material does not affect the corrosiveness of the fog. (b) The hose assembly is supported or suspended 30 degrees from the vertical and parallel to the principal direction of the horizontal flow of fog through the chamber. (c) The hose assembly does not contact any metallic material or any material capable of acting as a wick (d) Condensation which falls from the assembly does not return to the solution reservoir for respraying. (e) Condensation from any source does not fall on the brake hose assemblies or the solution collectors. (f) Spray from the nozzles is not directed onto the hose assembly. S6.11.2 Preparation. (a) Plug each end of the hose assembly. (b) Mix a salt solution five parts by weight of sodium chloride to 95 parts of distilled water, using sodium chloride substantially free of nickel and copper, and containing on a dry basis not more than 0.1 percent of sodium iodide and not more than 0.3 percent total impurities. Ensure that the solution is free of suspended solids before the solution is atomized. (c) After atomization at 95 degrees Fahrenheit (35 degrees Celsius), ensure that the collected solution is in the PH range of 6.5 to 7.2. Make the PH measurements at 77 degrees Fahrenheit (28 degrees Celsius). (d) Maintain a compressed air supply to the nozzle or nozzles free of oil and dirt and between 10 and 25 psi. S6.11.3 Operation. Subject the brake hose assembly to the salt spray continuously for 24 hours. (a) Regulate the mixture so that each collector will collect from 1 to 2 milliliters of solution per hour for each 80 square centimeters of horizontal collecting area. (b) Maintain exposure zone temperature at 95 degrees Fahrenheit (35 degrees Celsius). (c) Upon completion, remove the salt deposit from the surface of the hose by washing gently or dipping in clean running water not warmer than 100 degrees Fahrenheit (38 degrees Celsius) and then drying immediately. S6.12 Constriction test. Brake hose constriction test requirements shall be met using at least one of the methods specified in S6.12.1, S6.12.2, or S6.12.3. S6.12.1 Plug gauge. (a) Utilize a plug gauge as shown in Figure 4. Diameter [[Page 354]] ``A'' is equal to 64 percent of the nominal inside diameter of the hydraulic brake hose being tested. (b) Brake hose assemblies that are to be used for additional testing have constriction testing only at each end fitting. Other brake hose assemblies may be cut into 3-inch lengths to permit constriction testing of the entire assembly. Hose assemblies with end fittings that do not permit entry of the gauge (e.g., restrictive orifice or banjo fitting) are cut 3 inches from the point at which the hose terminates in the end fitting and then tested from the cut end. (c) Hold the brake hose in a straight position and vertical orientation. (d) Place the spherical end of the plug gauge just inside the hose or end fitting. If the spherical end will not enter the hose or end fitting using no more force than gravity acting on the plug gauge, this constitutes failure of the constriction test. (e) Release the plug gauge. Within 3 seconds, the plug gauge shall fall under the force of gravity alone up to the handle of the gauge. If the plug gauge does not fully enter the hose up to the handle of the gauge within three seconds, this constitutes failure of the constriction test. S6.12.2 Extended plug gauge. (a) The test in 6.12.1 may be conducted with an extended plug gauge to enable testing of the entire brake hose from one end fitting, without cutting the brake hose. The extended plug gauge weight and spherical diameter specifications are as shown in Figure 4, but the handle portion of the gauge may be deleted and the gauge length may be greater than 3 inches. (b) The required performance of the extended plug gauge in S6.12.1(e) is that after the plug gauge is released, the extended plug gauge shall fall under the force of gravity alone at an average rate of 1 inch per second until the spherical diameter of the extended gauge passes through all portions of the brake hose assembly containing hose. If the extended plug gauge does not pass through all portions of the brake hose assembly containing hose at an average rate of 1 inch per second, this constitutes failure of the constriction test. [GRAPHIC] [TIFF OMITTED] TR20DE04.005 [[Page 355]] S6.12.3 Drop ball test. (a) Utilize a rigid spherical ball with a diameter equal to 64 percent of the nominal inside diameter of the hydraulic brake hose being tested. The weight of the spherical ball shall not exceed 2 ounces (57 grams). (b) Hold the brake hose in a straight position and vertical orientation. (c) Hold the ball just above the end fitting. (d) Release the ball. The ball shall fall under the force of gravity alone completely through all portions of the brake hose assembly containing hose, at an average rate of 1 inch per second. Failure of the ball to pass completely through all portions of the brake hose assembly containing hose, at an average rate of 1 inch per second, constitutes failure of the constriction test. S7. Requirements--Air brake hose, brake hose assemblies, and brake hose end fittings. S7.1 Construction. Each air brake hose assembly shall be equipped with permanently attached brake hose end fittings or reusable brake hose end fittings. Each air brake hose constructed of synthetic or natural elastomeric rubber shall conform to the dimensional requirements specified in Table III, except for brake hose manufactured in metric sizes. S7.2 Labeling S7.2.1 Hose. Each air brake hose shall be labeled, or cut from bulk hose that is labeled, at intervals of not more than 6 inches, measured from the end of one legend to the beginning of the next, in block capital letters and numerals at least one-eighth of an inch high, with the information listed in paragraphs (a) through (e) of this section. The information need not be present on hose that is sold as part of a brake hose assembly or a motor vehicle. (a) The symbol DOT, constituting a certification by the hose manufacturer that the hose conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the hose, which shall be filed in writing with: Office of Vehicle Safety Compliance, Equipment Division NVS-222, National Highway Traffic Safety Administration, 400 Seventh St. SW., Washington, DC 20590. The designation may consist of block capital letters, numerals, or a symbol. (c) The month, day, and year, or the month and year, of manufacture, expressed in numerals. For example, 10/1/96 means October 1, 1996. (d) The nominal inside diameter of the hose expressed in inches or fractions of inches or in millimeters. The abbreviation ``mm'' shall follow hose sizes that are expressed in millimeters. (Examples: \3/8\, \1/2\ (\1/2\SP in the case of \1/2\ inch special air brake hose), 4mm, 6mm.) (e) The type designation corresponding to the brake hose dimensions in Table III. Type A shall be labeled with the letter ``A'', Type AI shall be labeled with the letters ``AI'', and type AII shall be labeled with the letters ``AII''. Metric air brake hose shall be labeled with the letter ``A.'' Table III--Air Brake Hose Dimensions--Inside Diameter (ID) and Outside Diameter (OD) Dimensions in Inches (Millimeters) ---------------------------------------------------------------------------------------------------------------- Type A--Hose Size--Nominal Inside Diameter ----------------------------------------------------------------- \1/2\ SP \1/4\ \5/16\ \3/8\ \7/16\ \(1)\ \5/8\ ---------------------------------------------------------------------------------------------------------------- Min. I.D...................................... 0.227 0.289 0.352 0.407 0.469 0.594 (5.8) (7.3) (8.9) (10.3) (11.9) (15.1) Max. I.D...................................... 0.273 0.335 0.398 0.469 0.531 0.656 (6.9) (8.5) (10.1) (11.9) (13.5) (16.7) Min. O.D...................................... 0.594 0.656 0.719 0.781 0.844 1.031 (15.1) (16.7) (18.3) (19.8) (21.4) (26.2) Max. O.D...................................... 0.656 0.719 0.781 0.843 0.906 1.094 (16.7) (18.3) (19.8) (21.4) (23.0) (27.8) ---------------------------------------------------------------------------------------------------------------- Type AI \(2)\--Hose Size--Nominal Inside Diameter ----------------------------------------------------------------- [[Page 356]] \3/16\ \1/4\ \5/16\ \13/32\ \1/2\ \5/8\ ---------------------------------------------------------------------------------------------------------------- Min. I.D...................................... 0.188 0.250 0.312 0.406 0.500 0.625 (4.8) (6.4) (7.9) (10.3) (12.7) (15.9) Max. I.D...................................... 0.214 0.281 0.343 0.437 0.539 0.667 (5.4) (7.1) (8.7) (11.1) (13.7) (16.9) Min. O.D...................................... 0.472 0.535 0.598 0.714 0.808 0.933 (12.0) (13.6) (15.1) (18.1) (20.5) (23.7) Max. O.D...................................... 0.510 0.573 0.636 0.760 0.854 0.979 (13.0) (14.6) (16.2) (19.3) (21.7) (24.9) ---------------------------------------------------------------------------------------------------------------- Type AII \(2)\--Hose Size--Nominal Inside Diameter ----------------------------------------------------------------- \3/16\ \1/4\ \5/16\ \13/32\ \1/2\ \5/8\ ---------------------------------------------------------------------------------------------------------------- Min. I.D...................................... 0.188 0.250 0.312 0.406 0.500 0.625 (4.8) (6.4) (7.9) (10.3) (12.7) (15.9) Max. I.D...................................... 0.214 0.281 0.343 0.437 0.539 0.667 (5.4) (7.1) (8.7) (11.1) (13.7) (16.9) Min. O.D...................................... 0.500 0.562 0.656 0.742 0.898 1.054 (12.7) (14.3) (16.7) (18.8) (22.8) (26.8) Max. O.D...................................... 0.539 0.602 0.695 0.789 0.945 1.101 (13.7) (15.3) (17.7) (20.1) (24.0) (27.9) ---------------------------------------------------------------------------------------------------------------- \(1)\ Notes: Type A, sizes \3/8\, \7/16\, and \1/2\ Special can be assembled with reusable end fittings. All sizes can be assembled using permanently-attached (crimped) end fittings. \(2)\ Types AI and AII, all sizes, can be assembled with reusable or permanently-attached (crimped) end fittings. S7.2.2 End fittings. Except for an end fitting that is attached by deformation of the fitting about a hose by crimping or swaging, at least one component of each air brake hose fitting shall be etched, embossed, or stamped in block capital letters and numerals at least one-sixteenth of an inch high with the following information: (a) The symbol DOT, constituting a certification by the manufacturer of that component that the component conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of that component of the fitting, which shall be filed in writing with: Office of Vehicle Safety Compliance, Equipment Division NVS-222, National Highway Traffic Safety Administration, 400 Seventh St. S.W., Washington, DC 20590. The designation may consist of block capital letters, numerals, or a symbol. (c) The letter ``A'' shall indicate intended use in air brake systems. In the case of an end fitting intended for use in a reusable assembly with brake hose subject to Table III, ``AI'' or ``AII'' shall indicate use with Type I or Type II hose, respectively. (d) The nominal inside diameter of the hose to which the fitting is properly attached expressed in inches or fractions of inches or in millimeters. (See examples in S7.2.1 (d).) The abbreviation ``mm'' shall follow hose sizes that are expressed in millimeters. S7.2.3 Assemblies. Each air brake hose assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake hose assembly as specified in this paragraph or, at the option of the manufacturer, by means of labeling as specified in S7.2.3.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one-eighth of an inch high, with the following information: (a) The symbol DOT, constituting certification by the hose assembler [[Page 357]] that the hose assembly conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the hose assembly, which shall be filed in writing with: Office of Crash Avoidance Standards, Vehicle Dynamics Division, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. The designation may consist of block capital letters, numerals or a symbol. S7.2.3.1 At least one end fitting of an air brake hose assembly made with end fittings that are attached by crimping or swaging shall be etched, stamped or embossed with a designation at least one-sixteenth of an inch high that identifies the manufacturer of the hose assembly and is filed in accordance with S7.2.3(b). S7.3 Test requirements. Each air brake hose assembly or appropriate part thereof shall be capable of meeting any of the requirements set forth under this heading, when tested under the conditions of S13 and the applicable procedures of S8. However, a particular hose assembly or appropriate part thereof need not meet further requirements after having met the constriction requirement (S7.3.1) and then having been subjected to any one of the requirements specified in S7.3.2 through S7.3.13. S7.3.1 Constriction. Every inside diameter of any section of an air brake hose assembly shall not be less than 66 percent of the nominal inside diameter of the brake hose. (S8.14) S7.3.2 High temperature resistance. An air brake hose shall not show external or internal cracks, charring, or disintegration visible without magnification when straightened after being bent for 70 hours at 212 degrees Fahrenheit (100 degrees Celsius) over a small test cylinder having the radius specified in Table IV for the size of hose tested. (S8.1) S7.3.3 Low temperature resistance. The inside and outside surfaces of an air brake hose shall not show cracks as a result of conditioning at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for 70 hours when bent around a large test cylinder having the radius specified in Table IV for the size of hose tested (S8.2). Table IV--Air Brake Hose Diameters and Test Cylinder Radii ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Nominal hose inside diameter, inches \1\.. \3/16\ \1/4\ \5/16\ \3/8\ \13/32\ \7/16\, \5/8\ \1/2\ Nominal hose inside diameter, millimeters 4, 5 6 8 ........ 10 12 16 \1\...................................... Small test cylinder, radius in inches 1 (25) 1\1/2\ 1\3/4\ 1\3/4\ 1\7/8\ 2 (51) 2\1/2\ (millimeters) \2\........................ (38) (45) (45) (48) (64) Large test cylinder, radius in inches 2 (51) 2\1/2\ 3 (76) 3\1/2\ 3\1/2\ 4 (102) 4\1/2\ (millimeters) \3\........................ (64) (89) (89) (114) ---------------------------------------------------------------------------------------------------------------- Notes: \1\ These sizes are listed to provide test cylinder radii for brake hoses manufactured in these sizes. They do not represent conversions. \2\ Small test cylinders are used for the high temperature resistance test. \3\ Large test cylinders are used for the low temperature resistance, ozone resistance, and adhesion of wire- reinforced hose tests. S7.3.4 Oil resistance. After immersion in ASTM No. 3 oil for 70 hours at 212 [deg]F. the volume of a specimen prepared from the inner tube and cover of an air brake hose shall not increase more than 100 percent (S8.3). S7.3.5 Ozone resistance. An air brake hose assembly shall not show cracks visible under 7-power magnification [[Page 358]] after exposure to ozone for 70 hours at 104 degrees Fahrenheit (40 degrees Celsius) when bent around a test cylinder of the radius specified in Table IV for the size of hose tested (S8.4). S7.3.6 Length change. An air brake hose shall not contract in length more than 7 percent nor elongate more than 5 percent when subjected to air pressure of 200 psi (S8.5). S7.3.7 Adhesion. (a) Except for hose reinforced by wire, an air brake hose shall withstand a tensile force of 8 pounds per inch of length before separation of adjacent layers (S8.6). (b) An air brake hose reinforced by wire shall permit a steel ball to roll freely along the entire length of the inside of the hose when the hose is subjected to a vacuum of 25 inches of Hg and bent around a test cylinder (S8.13). S7.3.8 Flex strength and air pressure leakage. An air brake hose assembly of the length specified in the table accompanying Figure 5, when subjected to a flex test and internal pressure cycling, shall be capable of having its internal pressure increased from zero to 140 psi within 2 minutes with pressurized air supplied through an orifice (S8.7). S7.3.9 Corrosion resistance and burst strength. An air brake hose assembly exposed to salt spray shall not rupture when exposed to hydrostatic pressure of 900 psi (S8.8). S7.3.10 Tensile strength. An air brake hose assembly designed for use between a frame and axle or between a towed and towing vehicle shall withstand, without separation of the hose from its end fittings, a pull of 250 pounds if it is \1/4\ inch, 6 mm, or less in nominal inside diameter, or a pull of 325 pounds if it is larger than \1/4\ inch or 6 mm in nominal inside diameter. An air brake hose assembly designed for use in any other application shall withstand, without separation of the hose from its end fittings, a pull of 50 pounds if it is \1/4\ inch, 6 mm, or less in nominal inside diameter, 150 pounds if it is larger than \1/4\ inch or 6 mm and equal to or smaller than \1/2\ inch or 12 mm in nominal inside diameter, or 325 pounds if it is larger than \1/2\ inch or 12 mm in nominal inside diameter (S8.9). S7.3.11 Water absorption and tensile strength. After immersion in distilled water for 70 hours, an air brake hose assembly designed for use between a frame and axle or between a towed and a towing vehicle shall withstand, without separation of the hose from its end fittings, a pull of 250 pounds if it is \1/4\ inch or less or 6 mm or less in nominal inside diameter, or a pull of 325 pounds if it is larger than \1/4\ inch or 6 mm in nominal inside diameter. After immersion in distilled water for 70 hours, an air brake hose assembly designed for use in any other application shall withstand, without separation of the hose from its end fittings, a pull of 50 pounds if it is \1/4\ inch or 6 mm or less in nominal inside diameter, 150 pounds if it is larger than \1/4\ inch or 6 mm and equal to or smaller than \1/2\ inch or 12 mm in nominal inside diameter, or 325 pounds if it is larger than \1/2\ inch or 12 mm in nominal inside diameter. (S8.10) S7.3.12 Zinc chloride resistance. The outer cover of an air brake hose shall not show cracks visible under 7-power magnification after immersion in a 50 percent zinc chloride aqueous solution for 200 hours (S8.11). S7.3.13 End fitting corrosion resistance. After 24 hours of exposure to salt spray, air brake hose end fittings shall show no base metal corrosion on the end fitting surface except where crimping or the application of labeling information causes a displacement of the protective coating. S8. Test procedures--Air brake hose, brake hose assemblies, and brake hose end fittings. S8.1 High temperature resistance test. (a) Utilize a small test cylinder with a radius specified in Table IV for the size of hose tested. (b) Bind the hose around the cylinder and condition it in an air oven for 70 hours at 212 degrees Fahrenheit (100 degrees Celsius). (c) Cool the hose to room temperature, remove it from the cylinder and straighten it. (d) Without magnification, examine the hose externally and cut the hose lengthwise and examine the inner tube. S8.2 Low temperature resistance test. (a) Utilize a large test cylinder with a radius specified in Table IV for the size of hose tested. (b) Condition the cylinder and the brake hose, in a straight position, in a cold box at minus 40 [deg]F. for 70 hours. [[Page 359]] (c) With the hose and cylinder at minus 40 degrees Fahrenheit (minus 40 degrees Celsius), bend the hose 180 degrees around the cylinder at a steady rate in a period of 3 to 5 seconds. Remove the hose from the test cylinder and visibly examine the exterior of the hose for cracks without magnification. (d) Allow the hose to warm at room temperature for 2 hours. All reusable end fittings are removed from the hose. All permanently- attached end fittings are cut away from the hose. Cut through one wall of the hose longitudinally along its entire length. Unfold the hose to permit examination of the interior surface. Visibly examine the interior of the hose for cracks without magnification. S8.3 Oil resistance test. Utilize three test specimens and average the results. S8.3.1 Preparation. Fashion a test specimen by cutting a rectangular block 2 inches long and not less than one-third of an inch in width, having a thickness of not more than one-sixteenth inch, from the brake hose and buff the specimen on both faces to ensure smooth surfaces. S8.3.2 Measurement. (a) Weigh each specimen to the nearest milligram in air (W1) and in distilled water (W2) at room temperature. If wetting is necessary to remove air bubbles, dip the specimen in acetone and thoroughly rinse it with distilled water. (b) Immerse each specimen in ASTM IRM 903 oil for 70 hours at 212 degrees Fahrenheit (100 degrees Celsius) and then cool in ASTM IRM 903 oil at room temperature for 30 to 60 minutes. (c) Dip the specimen quickly in acetone and blot it lightly with filter paper. (d) Weigh each specimen in a tared weighing bottle (W3) and in distilled water (W4) within five minutes of removal from the cooling liquid. (e) Calculate the percentage increase in volume follows: Percent of increase= [(W3-W4)-(W1-W2)]/ (W1-W2) x 100 S8.4 Ozone resistance test. Conduct the test specified in S6.8, using air brake hose, except use the large test cylinder specified in Table IV for the size of hose tested. S8.5 Length change test. (a) Position a test hose in a straight, horizontal position, and apply air pressure of 10 psi thereto. (b) Measure the hose to determine original free length. (c) Without releasing the 10 psi, raise the air pressure to the test hose to 200 psi. (d) Measure the hose under 200 psi to determine final free length. An elongation or contraction is an increase or decrease, respectively, in the final free length from the original free length of the hose. S8.6 Adhesion test for air brake hose not reinforced by wire. S8.6.1 Apparatus. A tension testing machine that is power-driven and that applies a constant rate of extension is used for measuring the force required to separate the layers of the test specimen. The apparatus is constructed so that: (a) The recording head includes a freely rotating form with an outside diameter substantially the same as the inside diameter of the hose specimen to be placed on it. (b) The freely rotating form is mounted so that its axis of rotation is in the plane of the ply being separated from the specimen and so that the applied force is perpendicular to the tangent of the specimen circumference at the line of separation. (c) The rate of travel of the power-actuated grip is a uniform one inch per minute and the capacity of the machine is such that maximum applied tension during the test is not more than 85 percent nor less than 15 percent of the machine's rated capacity. (d) The machine produces a chart with separation as one coordinate and applied tension as the other. S8.6.2 Preparation. (a) Cut a test specimen of 1 inch or more in length from the hose to be tested and cut the layer to be tested of that test specimen longitudinally along its entire length to the level of contact with the adjacent layer. (b) Peel the layer to be tested from the adjacent layer to create a flap large enough to permit attachment of the power-actuated clamp of the apparatus. [[Page 360]] (c) Mount the test specimen on the freely rotating form with the separated layer attached to the power-actuated clamp. S8.6.3 [Reserved] S8.6.4 Calculations. (a) The adhesion value shall be the minimum force recorded on the chart excluding that portion of the chart which corresponds to the initial and final 20 percent portion along the displacement axis. (b) Express the force in pounds per inch of length. S8.7 Flex strength and air pressure test. S8.7.1 Apparatus. A flex testing machine with a fixed hose assembly attachment point and a movable hose assembly attachment point, which meets the dimensional requirements of Figure 5 for the size of hose being tested. The attachment points connect to the end fittings on the hose assembly without leakage and, after the hose assembly has been installed for the flex test, are restrained from rotation. The movable end has a linear travel of 6 inches and a cycle rate of 100 cycles per minute. The machine is capable of increasing the air pressure in the hose assembly from zero to 150 psi within 2 seconds, and decreasing the air pressure in the hose assembly from 150 to zero psi within 2 seconds. [GRAPHIC] [TIFF OMITTED] TR20DE04.006 Table Accompanying Figure 5--Dimensions in Inches (Millimeters) ---------------------------------------------------------------------------------------------------------------- Dimensions --------------------------------------------------------------- Nominal hose Position ``1'' Position ``2'' Free hose length inside diameter --------------------------------------------------------------- R R A B C \(1)\ A B C \(1)\ ---------------------------------------------------------------------------------------------------------------- 10.00 (254)................... \3/16\, \1/4\... 3.00 2.75 3.75 1.40 3.00 2.75 3.75 1.20 (76) (70) (95) (34) (76) (70) (95) (30) 11.00 (279)................... \5/16\, \3/8\, 3.00 3.50 4.50 1.70 3.00 3.50 4.50 1.30 \13/32\. (76) (89) (114) (43) (76) (89) (114) (33) 14.00 (355)................... \7/16\, \1/2\, 3.00 4.00 5.00 2.20 3.00 4.00 5.00 1.80 \5/8\. (76) (102) (127) (56) (76) (102) (127) (46) ---------------------------------------------------------------------------------------------------------------- Note (1): This is an approximate average radius. [[Page 361]] S8.7.2 Preparation. (a) Lay the hose material on a flat surface in an unstressed condition. Apply a permanent marking line along the centerline of the hose on the uppermost surface. (b) Prepare the hose assembly with a free length as shown in the table accompanying Figure 5. The end fittings shall be attached according to the end fitting manufacturer's instructions. (c) Plug the ends of the hose assembly and conduct the salt spray test in S6.11 using an air brake hose assembly. Remove the plugs from the end fittings. (d) Within 168 hours of completion of the salt spray test, expose the hose assembly to an air temperature of 212 degrees Fahrenheit (100 degrees Celsius) for 70 hours, with the hose in a straight position. Remove the hose and cool it at room temperature for 2 hours. Within 166 hours, subject the hose to the flexure test in S8.7.2(e). (e) Install the hose assembly on the flex testing machine as follows. With the movable hose attachment point at the mid point of its travel, attach one end of the hose to the movable attachment point with the marked line on the hose in the uppermost position. Attach the other end of the hose to the fixed attachment point allowing the hose to follow its natural curvature. (f) Cycle the air pressure in the hose by increasing the pressure in the hose from zero psi to 150 psi and holding constant for one minute, then decreasing the pressure from 150 psi to zero psi and holding constant for one minute. Continue the pressure cycling for the duration of the flex testing. Begin the flex testing by cycling the movable attachment point through 6 inches of travel at a rate of 100 cycles per minute. Stop the flex testing and pressure cycling after one million flex cycles have been completed. (g) Install an orifice with a hole diameter of 0.0625 inches and a thickness of 0.032 inches in the air pressure supply line to the hose assembly. Provide a gauge or other means to measure air pressure in the hose assembly. Regulate the supply air pressure to the orifice to 150 psi. (h) Apply 150 psi air pressure to the orifice. After 2 minutes have elapsed, measure the air pressure in the brake hose assembly, while pressurized air continues to be supplied through the orifice. S8.8 Corrosion resistance and burst strength test. (a) Conduct the test specified in S6.11 using an air brake hose assembly. Remove the plugs from the ends of the hose assembly. (b) Fill the hose assembly with water, allowing all gases to escape. Apply water pressure at a uniform rate of increase of approximately 1,000 psi per minute until the hose ruptures. S8.9 Tensile strength test. Utilize a tension testing machine conforming to the requirements of ASTM E4-03 (incorporated by reference, see Sec. 571.5) and provided with a recording device to measure the force applied. (a) Attach an air brake hose assembly to the testing machine to permit straight, even, machine pull on the hose. Use adapters to mount hose assemblies equipped with angled end fittings so that the hose is in a straight position when installed on the machine. (b) Apply tension at a rate of 1 inch per minute travel of the moving head until separation occurs. S8.10 Water Absorption and tensile strength test. Immerse an air brake hose assembly in distilled water at room temperature for 70 hours. Thirty minutes after removal from the water, conduct the test specified in S8.9. S8.11 Zinc chloride resistance test. Immerse an air brake hose in a 50 percent zinc chloride aqueous solution at room temperature for 200 hours. Remove it from the solution and examine it under 7-power magnification for cracks. S8.12 End fitting corrosion resistance test. Conduct the test specified in S6.11 using an air brake hose assembly. S8.13 Adhesion test for air brake hose reinforced by wire. (a) Place a steel ball with a diameter equal to 73 percent of the nominal inside diameter of the hose being tested inside of the hose. Plug one end of the hose. Attach the other end of the hose to a source of vacuum. (b) Subject the hose to a vacuum of 25 inches of Hg for five minutes. With the vacuum still applied to the hose, bend the hose 180 degrees around a large test cylinder with a radius specified in Table IV for the size of hose [[Page 362]] tested. At the location of this bend, bend the hose 180 degrees around the test cylinder in the opposite direction. (c) With the vacuum still applied to the hose, return the hose to a straight position. Attempt to roll the ball inside the hose using gravity from one end of the hose to the other end. S8.14 Constriction test. Perform the constriction test in S6.12 using an air brake hose, except that the spherical diameter ``A'' of the plug gauge in Figure 4, or the diameter of the rigid spherical ball in S6.12.3(a), shall be 66 percent of the nominal inside diameter of the air brake hose being tested. S9. Requirements--vacuum brake hose, brake hose assemblies, and brake hose end fittings. S9.1 Labeling. S9.1.1 Hose. Each vacuum brake hose shall be labeled, or cut from bulk hose that is labeled, at intervals of not more than 6 inches, measured from the end of one legend to the beginning of the next, in block capital letters and numerals at least one-eighth of an inch high, with the information listed in paragraphs (a) through (e) of this section. The information need not be present on hose that is sold as part of a brake hose assembly or a motor vehicle. (a) The symbol DOT, constituting a certification by the hose manufacturer that the hose conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the hose, which shall be filed in writing with: Office of Crash Avoidance Standards, Vehicle Dynamics Division, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The designation may consist of block capital letters, numerals or a symbol. (c) The month, day, and year, or the month and year, of manufacture, expressed in numerals. For example, 10/1/96 means October 1, 1996. (d) The nominal inside diameter of the hose expressed in inches or fractions of inches or in millimeters, or the nominal outside diameter of plastic tubing expressed in inches or fractions of inches or in millimeters followed by the letters OD. The abbreviation ``mm'' shall follow hose sizes that are expressed in millimeters. (Example of inside diameter: \7/32\, \1/4\, 4 mm. Example of outside diameter: \1/4\ OD, 12 mm OD.) (e) The letters ``VL'' or ``VH'' shall indicate that the component is a light-duty vacuum brake hose or heavy-duty vacuum brake hose, respectively. S9.1.2 End fittings. Except for an end fitting that is attached by heat shrinking or by interference fit with plastic vacuum hose or that is attached by deformation of the fitting about a hose by crimping or swaging, at least one component of each vacuum brake hose fitting shall be etched, embossed, or stamped in block capital letters and numerals at least one-sixteenth of an inch high with the following information: (a) The symbol DOT, constituting a certification by the manufacturer of that component that the component conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of that component of the fitting, which shall be filed in writing with: Office of Crash Avoidance Standards, Vehicle Dynamics Division, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The designation may consist of block capital letters, numerals or a symbol. (c) The letters ``VL'' or ``VH'' shall indicate that the end fitting is intended for use in a light-duty or heavy-duty vacuum brake system, respectively. (d) The nominal inside diameter of the hose to which the fitting is properly attached expressed in inches or fractions of inches or in millimeters, or the outside diameter of the plastic tubing to which the fitting is properly attached expressed in inches or fraction of inches or in millimeters followed by the letter OD (See examples in S9.1.1(d)). The abbreviation ``mm'' shall follow hose sizes that are expressed in millimeters. S9.1.3 Assemblies. Each vacuum brake hose assembly made with end fittings that are attached by crimping or swaging and each plastic tube assembly made with end fittings that are attached by heat shrinking or dimensional interference fit, except those sold as part of a motor vehicle, shall be labeled by means of a band around the [[Page 363]] brake hose assembly as specified in this paragraph or, at the option of the manufacturer, by means of labeling as specified in S9.1.3.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one-eighth of an inch high, with the following information: (a) The symbol DOT, constituting certification by the hose assembler that the hose assembly conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the hose assembly, which shall be filed in writing with: Office of Crash Avoidance Standards, Vehicle Dynamics Division, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. The designation may consist of block capital letters, numerals or a symbol. S9.1.3.1 At least one end fitting of a vacuum brake hose assembly made with end fittings that are attached by crimping or swaging, or of a plastic tubing assembly made with end fittings that are attached by heat shrinking or dimensional interference fit shall be etched, stamped or embossed with a designation at least one-sixteenth of an inch high that identifies the manufacturer of the hose assembly and is filed in accordance with S9.1.3(b). S9.2 Test requirements. Each vacuum brake hose assembly or appropriate part thereof shall be capable of meeting any of the requirements set forth under this heading, when tested under the conditions of S13 and the applicable procedures of S10. However, a particular hose assembly or appropriate part thereof need not meet further requirements after having met the constriction requirement (S9.2.1) and then having been subjected to any one of the requirements specified in S9.2.2 through S9.2.10. S9.2.1 Constriction. Except for that part of an end fitting which does not contain hose, every inside diameter of any section of a vacuum brake hose assembly shall not be less than 75 percent of the nominal inside diameter of the hose if for heavy duty, or 70 percent of the nominal inside diameter of the hose if for light duty (S10.11). S9.2.2 High temperature resistance. A vacuum brake hose tested under the conditions specified in S10.1: (a) Shall not have collapse of the outside diameter exceeding 10 percent of the initial outside diameter for a heavy-duty vacuum brake hose, or exceeding 15 percent of the initial outside diameter for a light-duty vacuum brake hose; (b) Shall not show external cracks, charring, or disintegration visible without magnification, and; (c) Shall not leak when subjected to a hydrostatic pressure test. S9.2.3 Low temperature resistance. A vacuum brake hose tested under the conditions specified in S10.2 shall: (a) Not show cracks visible without magnification after conditioning at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for 70 hours when bent around a cylinder having the radius specified in Table V for the size hose tested; and (b) Not leak when subjected to a hydrostatic pressure test (S10.1(e)). S9.2.4 Ozone resistance. A vacuum brake hose shall not show cracks visible under 7-power magnification after exposure to ozone for 70 hours (S10.3). S9.2.5 Burst strength. A vacuum brake hose shall not rupture under hydrostatic pressure of 350 psi (S10.4). S9.2.6 Vacuum. The collapse of the outside diameter of a vacuum brake hose under internal vacuum of 26 inches of Hg. for five minutes shall not exceed one-sixteenth of an inch (S10.5). S9.2.7 Bend. The collapse of the outside diameter of a vacuum brake hose, other than a preformed vacuum brake hose, at the middle point of the test length when bent until the ends touch shall not exceed the values given in Table V for the size of hose tested (S10.6). [[Page 364]] Table V--Vacuum Brake Hose Test Requirements ---------------------------------------------------------------------------------------------------------------- Hose inside diameter* High temperature Low temperature Bend ---------------------- resistance resistance ---------------------- -------------------------------------------- Maximum Deformation--collapsed Hose collapse inside diameter Inches Millimeters Hose Radius of Hose Radius of length, of outside (dimension D), inches length, cylinder, length, cylinder, inches diameter, inches inches inches inches inches ---------------------------------------------------------------------------------------------------------------- \7/32\ 5 8 1\1/2\ 17\1/2\ 3 7 \11/64\ \3/64\ \1/4\ 6 9 1\1/2\ 17\1/2\ 3 8 \3/32\ \1/16\ \9/32\ ............ 9 1\3/4\ 19 3\1/2\ 9 \12/64\ \4/64\ \11/32\ 8 9 1\3/4\ 19 3\1/2\ 11 \13/64\ \5/64\ \3/8\ 10 10 1\3/4\ 19 3\1/2\ 12 \5/32\ \3/32\ \7/16\ ............ 11 2 20\1/2\ 4 14 \17/64\ \5/64\ \15/32\ ............ 11 2 20\1/2\ 4 14 \17/64\ \5/64\ \1/2\ 12 11 2 20\1/2\ 4 16 \7/32\ \1/8\ \5/8\ 16 12 2\1/4\ 22 4\1/2\ 22 \7/32\ \5/32\ \3/4\ ............ 14 2\1/2\ 24 5 28 \7/32\ \3/16\ 1 ............ 16 3\1/4\ 28\1/2\ 6\1/2\ 36 \9/32\ \1/4\ ---------------------------------------------------------------------------------------------------------------- *These sizes are listed to provide test values for brake hoses manufactured in these sizes. They do not represent conversions. S9.2.8 Swell and adhesion. Following exposure to Reference Fuel B (as described in ASTM D471-98 (incorporated by reference, see Sec. 571.5)), every inside diameter of any section of a vacuum brake hose shall not be less than 75 percent of the nominal inside diameter of the hose if for heavy duty, or 70 percent of the nominal inside diameter of the hose if for light duty. The vacuum brake hose shall show no leakage in a vacuum test of 26 inches of Hg for 10 minutes. A vacuum hose that is constructed of two or more layers shall withstand a force of 6 pounds per inch of length before separation of adjacent layers. (S10.7). S9.2.9 Deformation. A vacuum brake hose shall return to 90 percent of its original outside diameter within 60 seconds after five applications of force as specified in S10.8, except that a wire- reinforced hose need only return to 85 percent of its original outside diameter. In the case of a heavy duty hose, the first application of force shall not exceed a peak value of 70 pounds, and the fifth application of force shall reach a peak value of at least 40 pounds. In the case of light duty hose the first application of force shall not exceed a peak value of 50 pounds, and the fifth application of force shall reach a peak value of at least 20 pounds (S10.9). S9.2.10 End fitting corrosion resistance. After 24 hours of exposure to salt spray, vacuum brake hose end fittings shall show no base metal corrosion of the end fitting surface except where crimping or the application of labeling information has caused displacement of the protective coating. (S10.10). S10. Test procedures--Vacuum brake hose, brake hose assemblies, and brake hose end fittings. S10.1 High temperature resistance test. (a) Measure the initial outside diameter of the hose. (b) Subject the hose to an internal vacuum of 26 inches of Hg at an ambient temperature of 257 degrees Fahrenheit (125 degrees Celsius) for a period of 96 hours. Remove the hose to room temperature and atmospheric pressure. (c) Within 5 minutes of completion of the conditioning in S10.1(b), measure the outside diameter at the point of greatest collapse and calculate the percentage collapse based on the initial outside diameter. (d) Cool the hose at room temperature for 5 hours. Bend the hose around a mandrel with a diameter equal to five times the initial outside diameter of the hose. Examine the exterior of the hose for cracks, charring, or disintegration visible without magnification. Remove the hose from the mandrel. (e) Fill the hose assembly with water, allowing all gases to escape. Apply water pressure in the hose of 175 psi within 10 seconds. Maintain an internal hydrostatic pressure of 175 psi for one minute and examine the hose for visible leakage. S10.2 Low temperature resistance test. (a) Conduct the test specified in S8.2(a) through (c) using vacuum brake hose [[Page 365]] with the cylinder radius specified in Table V for the size of hose tested. (b) Remove the hose from the test cylinder, warm the hose at room temperature for 5 hours, and conduct the hydrostatic pressure test in S10.1(e). S10.3 Ozone resistance test. Conduct the test specified in S6.8 using vacuum brake hose. S10.4 Burst strength test. Conduct the test specified in S8.8 using vacuum brake hose. S10.5 Vacuum test. Utilize a 12-inch vacuum brake hose assembly sealed at one end. (a) Measure the hose outside diameter. (b) Attach the hose to a source of vacuum and subject it to a vacuum of 26 inches of Hg for 5 minutes. (c) Measure the hose to determine the minimum outside diameter while the hose is still subject to vacuum. S10.6 Bend test. (a) Bend a vacuum brake hose, of the length prescribed in Table V, in the direction of its normal curvature until the ends just touch as shown in Figure 6. (b) Measure the outside diameter of the specimen at point A before and after bending. (c) The difference between the two measurements is the collapse of the hose outside diameter on bending. [GRAPHIC] [TIFF OMITTED] TC01AU91.008 Fig. 6--Bend Test of Vacuum Brake Hose. S10.7 Swell and adhesion test. (a) Fill a specimen of vacuum brake hose 12 inches long with ASTM Reference Fuel B as described in ASTM D471-98 (incorporated by reference, see Sec. 571.5). (b) Maintain reference fuel in the hose under atmospheric pressure at room temperature for 48 hours. (c) Remove fuel and conduct the constriction test in S10.11. (d) Attach the hose to a source of vacuum and subject it to a vacuum of 26 inches of Hg for 10 minutes. Remove the hose from the vacuum source. (e) For a vacuum brake hose constructed of two or more layers, conduct the test specified in S8.6 using the vacuum brake hose. S10.8 [Reserved] S10.9 Deformation test. Table VI specifies the test specimen dimensions. S10.9.1 Apparatus. Utilize a compression device, equipped to measure force of at least 100 pounds, and feeler gages of sufficient length to be passed completely through the test specimen. S10.9.2 Operation. (a) Position the test specimen longitudinally in the compression device with the fabric laps not in the line of the applied pressure. Table VI--Dimensions of Test Specimen and Feeler Gage For Deformation Test ------------------------------------------------------------------------ Hose inside diameter Specimen dimensions Feeler gage dimensions * (see Fig. 7) -------------------------- ---------------------------------------------- Depth Length Width Thickness in. mm (inch) (inch) (inch) (inch) ------------------------------------------------------------------------ \7/32\ 5 \3/64\ 1 \1/8\ \3/64\ \1/4\ 6 \1/16\ 1 \1/8\ \1/16\ \9/32\ ......... \1/16\ 1 \1/8\ \1/16\ \11/32\ 8 \5/64\ 1 \3/16\ \5/64\ \3/8\ 10 \3/32\ 1 \3/16\ \3/32\ \7/16\ ......... \5/64\ 1 \1/4\ \5/64\ \15/32\ ......... \5/64\ 1 \1/4\ \5/64\ \1/2\ 12 \1/8\ 1 \1/4\ \1/8\ \5/8\ 16 \5/32\ 1 \1/4\ \5/32\ \3/4\ ......... \3/16\ 1 \1/4\ \3/16\ 1 ......... \1/4\ 1 \1/4\ \1/4\ ------------------------------------------------------------------------ *These sizes are listed to provide test values for brake hoses manufactured in these sizes. They do not represent conversions. (b) Apply gradually increasing force to the test specimen to compress its inside diameter to that specified in Table VI (dimension D of Figure 7) for the size of hose tested. [GRAPHIC] [TIFF OMITTED] TC01AU91.009 Fig. 7--Deformed Specimen of Vacuum Brake Hose [[Page 366]] (c) After 5 seconds release the force and record the peak load applied. (d) Repeat the procedure four times permitting a 10-second recovery period between load applications. S10.10 End fitting corrosion resistance test. Conduct the test specified in S6.11 using a vacuum brake hose assembly. S10.11 Constriction test. Perform the constriction test in S6.12 using a vacuum brake hose, except that the spherical diameter ``A'' of the plug gauge in Figure 4, or the diameter of the rigid spherical ball in S6.12.3(a), shall be 75 percent of the nominal inside diameter of the vacuum brake hose if it is heavy duty, or 70 percent of the nominal inside diameter of the vacuum brake hose if it is light duty. S11. Requirements--Plastic air brake tubing, plastic air brake tubing assemblies, and plastic air brake tubing end fittings. 11.1 Construction. Each plastic air brake tubing assembly shall be equipped with permanently attached end fittings or reusable end fittings. Plastic air brake tubing shall conform to the dimensional requirements specified in Table VII. (S12.1) Table VII--Plastic Air Brake Tubing Dimensions -------------------------------------------------------------------------------------------------------------------------------------------------------- Maximum outside Minimum outside Nominal inside Nominal wall Wall thickness diameter diameter diameter thickness tolerance Nominal tubing outside diameter ----------------------------------------------------------------------------------------- mm inches mm inches mm inches mm inches mm inches -------------------------------------------------------------------------------------------------------------------------------------------------------- \1/8\ inch.................................................... 3.25 0.128 3.10 0.122 2.01 0.079 0.58 0.023 0.08 0.003 \5/32\ inch................................................... 4.04 0.159 3.89 0.153 2.34 0.092 0.81 0.032 0.08 0.003 \3/16\ inch................................................... 4.83 0.190 4.67 0.184 2.97 0.117 0.89 0.035 0.08 0.003 \1/4\ inch.................................................... 6.43 0.253 6.27 0.247 4.32 0.170 1.02 0.040 0.08 0.003 \5/16\ inch................................................... 8.03 0.316 7.82 0.308 5.89 0.232 1.02 0.040 0.10 0.004 \3/8\ inch.................................................... 9.63 0.379 9.42 0.371 6.38 0.251 1.57 0.062 0.10 0.004 \1/2\ inch.................................................... 12.83 0.505 12.57 0.495 9.55 0.376 1.57 0.062 0.10 0.004 \5/8\ inch.................................................... 16.00 0.630 15.75 0.620 11.20 0.441 2.34 0.092 0.13 0.005 \3/4\ inch.................................................... 19.18 0.755 18.92 0.745 14.38 0.566 2.34 0.092 0.13 0.005 6 mm.......................................................... 6.10 0.240 5.90 0.232 4.00 0.157 1.00 0.039 0.10 0.004 8 mm.......................................................... 8.10 0.319 7.90 0.311 6.00 0.236 1.00 0.039 0.10 0.004 10 mm......................................................... 10.13 0.399 9.87 0.389 7.00 0.276 1.50 0.059 0.10 0.004 12 mm......................................................... 12.13 0.478 11.87 0.467 9.00 0.354 1.50 0.059 0.10 0.004 16 mm......................................................... 16.13 0.635 15.87 0.625 12.00 0.472 2.00 0.079 0.13 0.005 -------------------------------------------------------------------------------------------------------------------------------------------------------- S11.2 Labeling. S11.2.1 Plastic air brake tubing. Plastic air brake tubing shall be labeled, or cut from bulk tubing that is labeled, at intervals of not more than 6 inches, measured from the end of one legend to the beginning of the next, in block capital letters and numerals at least one-eighth of an inch high, with the information listed in paragraphs (a) through (e) of this section. The information need not be present on tubing that is sold as part of a motor vehicle. (a) The symbol DOT, constituting a certification by the hose manufacturer that the hose conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the tubing, which shall be filed in writing with: Office of Vehicle Safety Compliance, Equipment Division NVS-222, National Highway Traffic Safety Administration, 400 Seventh St. SW., Washington, DC 20590. The designation may consist of block capital letters, numerals, or a symbol. (c) The month, day, and year, or the month and year, of manufacture, expressed in numerals. For example, 10/1/96 means October 1, 1996. (d) The nominal outside diameter expressed in inches or fractions of inches or in millimeters followed by the letters OD. The abbreviation ``mm'' shall follow tubing sizes that are expressed in millimeters. (Examples: \3/8\ OD, 6 mm OD.) (e) The letter ``A'' shall indicate intended use in air brake systems. S11.2.2 End fittings. Except for an end fitting that is attached by deformation of the fitting about the tubing by crimping or swaging, at least one component of each plastic air brake tubing end fitting shall be etched, embossed, or stamped in block capital letters and numerals at least one-sixteenth of an inch high with the following information: [[Page 367]] (a) The symbol DOT, constituting a certification by the manufacturer that the end fitting conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the end fitting, which shall be filed in writing with: Office of Vehicle Safety Compliance, Equipment Division NVS-222, National Highway Traffic Safety Administration, 400 Seventh St. SW., Washington, DC 20590. The designation may consist of block capital letters, numerals, or a symbol. (c) The letter ``A'' shall indicate intended use in air brake systems. (d) The nominal outside diameter of the plastic tubing to which the fitting is properly attached expressed in inches or fractions of inches or in millimeters followed by the letters OD. The abbreviation ``mm'' shall follow tubing sizes that are expressed in millimeters. (Examples: \3/8\ OD, 6 mm OD) S11.2.3. Assemblies. Each plastic air brake tubing assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake tubing assembly as specified in this paragraph or, at the option of the manufacturer, by means of labeling as specified in S11.2.3.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one- eighth of an inch high, with the following information: (a) The symbol DOT, constituting certification by the tubing assembler that the tubing assembly conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the hose assembly, which shall be filed in writing with: Office of Vehicle Safety Compliance, Equipment Division NVS-222, National Highway Traffic Safety Administration, 400 Seventh St. SW., Washington, DC 20590. The designation may consist of block capital letters, numerals, or a symbol. S11.2.3.1 At least one end fitting of a plastic air brake tubing assembly made with end fittings that are attached by crimping or swaging shall be etched, stamped, or embossed with a designation at least one- sixteenth of an inch high that identifies the manufacturer of the tubing assembly and is filed in accordance with S11.2.3(b). S11.3 Test requirements. Each plastic air brake tubing assembly or appropriate part thereof shall be capable of meeting any of the requirements set forth under this heading, when tested under the conditions of S13 and the applicable procedures of S12. However, a particular tubing assembly or appropriate part thereof need not meet further requirements after having met the constriction requirement (S11.3.1) and then having been subjected to any one of the requirements specified in S11.3.2 through S11.3.24. Unless otherwise specified, testing is conducted on a sample of tubing 12 inches in length. S11.3.1 Constriction. Every inside diameter of any section of a plastic air brake tubing assembly shall not be less than 66 percent of the nominal inside diameter of the brake tubing. (S12.2) S11.3.2 High temperature conditioning and dimensional stability. Plastic air brake tubing shall conform to the dimensions in Table VII after conditioning in air at 230 degrees Fahrenheit (110 degrees Celsius) for four hours. (S12.3) S11.3.3 Boiling water conditioning and dimensional stability. Plastic air brake tubing shall conform to the dimensions in Table VII after conditioning in boiling water for two hours. (S12.4) S11.3.4 Burst Strength. Plastic air brake tubing shall not rupture when subjected to the burst strength pressure in Table VIII for the size of tubing being tested. (S12.5) S11.3.5 Moisture absorption and burst strength. Plastic air brake tubing shall not rupture when subjected to 80 percent of the burst strength pressure in Table VIII, after the tubing has been dried in an oven and then conditioned in a 100 percent relative humidity atmosphere at 75 degrees Fahrenheit (24 degrees Celsius) for 100 hours. (S12.6) [[Page 368]] Table VIII--Plastic Air Brake Tubing Mechanical Properties ---------------------------------------------------------------------------------------------------------------- Burst strength Supported bend Unsupported bend Conditioned pressure radius \1\ radius \2\ tensile load Nominal tubing OD ----------------------------------------------------------------------- kPa Psi Mm inches mm inches N lbf ---------------------------------------------------------------------------------------------------------------- \1/8\ inch.............................. 6900 1000 9.4 0.37 9.4 0.37 156 35 \5/32\ inch............................. 8300 1200 12.7 0.50 12.7 0.50 178 40 \3/16\ inch............................. 8300 1200 19.1 0.75 19.1 0.75 222 50 \1/4\ inch.............................. 8300 1200 25.4 1.00 25.4 1.00 222 50 \5/16\ inch............................. 6900 1000 31.8 1.25 38.1 1.50 334 75 \3/8\ inch.............................. 9700 1400 38.1 1.50 38.1 1.50 667 150 \1/2\ inch.............................. 6600 950 50.8 2.00 63.5 2.50 890 200 \5/8\ inch.............................. 6200 900 63.5 2.50 76.2 3.00 1446 325 \3/4\ inch.............................. 5500 800 76.2 3.00 88.9 3.50 1557 350 6 mm.................................... 7600 1100 20.0 0.75 25.4 1.00 222 50 8 mm.................................... 6200 900 31.8 1.25 38.1 1.50 334 75 10 mm................................... 8200 1200 38.1 1.50 38.1 1.50 667 150 12 mm................................... 6900 1000 44.5 1.75 63.5 2.50 890 200 16 mm................................... 6000 875 69.9 2.75 76.2 3.00 1446 325 ---------------------------------------------------------------------------------------------------------------- Notes: (1) Supported bend radius for tests specifying cylinders around which the tubing is bent. (2) Unsupported bend radius for the collapse resistance test in which the tubing is not supported by a cylinder during bending. S11.3.6 Ultraviolet light resistance. Plastic air brake tubing shall not rupture when subjected to 80 percent of the burst strength pressure in Table VIII for the size of tubing being tested, after being exposed to ultraviolet light for 300 hours and then impacted with a one pound weight dropped from a height of 12 inches. (S12.7) S11.3.7 Low temperature flexibility. The outer surface of plastic air brake tubing shall not show cracks visible without magnification as a result of conditioning in air at 230 degrees Fahrenheit (110 degrees Celsius) for 24 hours, and then conditioning in air at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for four hours, and then bending the tubing 180 degrees around a test cylinder having a radius equal to six times the nominal outside diameter of the tubing. (S12.8) S11.3.8 High temperature flexibility. Plastic air brake tubing shall not rupture or burst when subjected to 80 percent of the burst strength pressure in Table VIII for the size of tubing being tested, after the tubing has been: (a) Conditioned in air at 230 degrees Fahrenheit (110 degrees Celsius) for 72 hours while bent 180 degrees around a cylinder having a radius equal to the supported bend radius in Table VIII for the size of tubing being tested; and (b) Cooled to room temperature while remaining on the cylinder, then straightened; and (c) Bent 180 degrees around the cylinder in the opposite direction of the first bending. (S12.9) S11.3.9 High temperature resistance. Plastic air brake tubing shall not rupture or burst when subjected to 80 percent of the burst strength pressure in Table VIII for the size of tubing being tested, after the tubing has been conditioned in air at 230 degrees Fahrenheit (110 degrees Celsius) for 72 hours. (S12.10) S11.3.10 High temperature conditioning, low temperature impact resistance. Plastic air brake tubing shall not rupture or burst when subjected to 80 percent of the burst strength pressure in Table VIII for the size of tubing being tested, after the tubing has been conditioned in air at 230 degrees Fahrenheit (110 degrees Celsius) for 24 hours, then conditioned in air at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for 4 hours and impacted with a one pound weight dropped from a height of 12 inches. (S12.11) S11.3.11 Boiling water conditioning, low temperature impact resistance. Plastic air brake tubing shall not rupture when subjected to 80 percent of the burst strength pressure in Table VIII for the size of tubing being tested, after the tubing has been conditioned in boiling water for two hours, then conditioned in air at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for 4 hours, and then impacted with a one pound weight dropped from a height of 12 inches. (S12.12) [[Page 369]] S11.3.12 Zinc chloride resistance. The outer surface of plastic air brake tubing shall not show cracks visible under 7-power magnification after immersion in a 50 percent zinc chloride aqueous solution for 200 hours while bent around a cylinder having a radius equal to the supported bend radius in Table VIII for the size of tubing tested. (S12.13) S11.3.13 Methyl alcohol resistance. The outer surface of plastic air brake tubing shall not show cracks visible under 7-power magnification after immersion in a 95 percent methyl alcohol aqueous solution for 200 hours while bent around a cylinder having a radius equal to the supported bend radius in Table VIII for the size of tubing tested. (S12.14) S11.3.14 High temperature conditioning and collapse resistance. The collapse of the outside diameter of plastic air brake tubing shall not exceed twenty percent of the original outside diameter when bent 180 degrees on a holding fixture to the unsupported bend radius specified in Table VIII and conditioned in air at 200 degrees Fahrenheit (93 degrees Celsius) for 24 hours. (S12.15) S11.3.15 Ozone resistance. The outer surface of plastic air brake tubing shall not show cracks visible under 7-power magnification after exposure to ozone for 70 hours at 104 degrees Fahrenheit (40 degrees Celsius). (S12.16) S11.3.16 Oil resistance. Plastic air brake tubing shall not rupture when subjected to 80 percent of the burst strength pressure in Table VIII for the size of tubing being tested, after the tubing has been conditioned in ASTM IRM 903 oil at 212 degrees Fahrenheit (100 degrees Celsius) for 70 hours. (S12.17) S11.3.17 Tensile strength. A plastic air brake tubing assembly designed for use between frame and axle or between a towed and a towing vehicle shall withstand, without separation of the tubing from its end fittings, a pull of 250 pounds if it is \3/8\ inch, 10 mm, or less in nominal outside diameter, or a pull of 325 pounds if it is larger than \3/8\ inch or 10 mm in nominal outside diameter. A plastic air brake tubing assembly designed for use in any other application shall withstand, without separation of the hose from its end fittings, a pull of 35 pounds if it is \1/8\ inch, 3 mm, or less in nominal outside diameter, 40 pounds if it is \5/32\ inch or 4 mm in nominal outside diameter, 50 pounds if it is \3/16\ to \3/8\ inch or 5 mm to 10 mm in nominal outside diameter, 150 pounds if it is \1/2\ to \5/8\ inch or 11 mm to 16 mm in nominal outside diameter, or 325 pounds if it is larger than \5/8\ inch or 16 mm in nominal outside diameter. (S12.18) S11.3.18 Boiling water conditioning and tensile strength. A plastic air brake tubing assembly when subjected to a tensile pull test shall either elongate 50 percent or withstand the conditioned tensile load in Table VIII without separation from its end fittings, with one end of the assembly conditioned in boiling water for 5 minutes. (S12.19) S11.3.19 Thermal conditioning and tensile strength. A plastic air brake tubing assembly when subjected to a tensile pull test shall either elongate 50 percent or withstand the conditioned tensile load in Table VIII without separation from its end fittings after the assembly has been subjected to four cycles of conditioning in air at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for thirty minutes, normalizing at room temperature, conditioning in boiling water for 15 minutes, and normalizing at room temperature. (S12.20) S11.3.20 Vibration resistance. A plastic air brake tubing assembly with an internal air pressure of 120 psig shall not rupture or leak more than 50 cm\3\ per minute at a temperature of minus 40 degrees Fahrenheit (minus 40 degrees Celsius) and 25 cm\3\ per minute at a temperature of 75 degrees Fahrenheit (24 degrees Celsius), after the assembly has been subjected to 1,000,000 cycles of vibration testing with one end of the assembly fixed and the other end stroked \1/2\-inch at 600 cycles per minute. In addition, end fittings that use a threaded retention nut shall retain at least 20 percent of the original retention nut tightening torque upon completion of the vibration testing. The vibration test shall be conducted in an environmental chamber and the air temperature shall be cycled between minus 40 degrees Fahrenheit [[Page 370]] (minus 40 degrees Celsius) and 220 degrees Fahrenheit (104 degrees Celsius) during the test. (S12.21) S11.3.21 End fitting retention. The end fittings of a plastic air brake tubing assembly shall not rupture when the assembly is filled with water and pressurized to the burst strength pressure in Table VIII. (S12.22) S11.3.22 Thermal conditioning and end fitting retention. The end fittings of a plastic air brake tubing assembly shall not rupture when the tubing assembly is filled with ASTM IRM 903 oil and: (a) Conditioning in air at 200 degrees Fahrenheit (93 degrees Celsius) for 24 hours with atmospheric pressure inside the tubing assembly; and (b) Increasing the pressure inside the tubing assembly to 450 psi, and holding this pressure for five minutes while maintaining an air temperature of 200 degrees Fahrenheit (93 degrees Celsius); and (c) Reducing the pressure inside the tubing assembly to atmospheric and permitting the tubing assembly to cool at 75 degrees Fahrenheit (24 degrees Celsius) for 1 hour; and (d) Conditioning the tubing assembly in air at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for 24 hours with atmospheric pressure inside the tubing assembly; and (e) Increasing the pressure inside the tubing assembly to 450 psi, and holding this pressure for five minutes while maintaining an air temperature of minus 40 degrees Fahrenheit (minus 40 degrees Celsius). (S12.23) S11.3.23 End fitting serviceability. A plastic air brake end fitting that uses a threaded retention nut shall not rupture or leak more than 25 cm\3\ per minute when pressurized to 120 psi after five assembly cycles. (S12.24) S11.3.24 End fitting corrosion resistance. After 24 hours of exposure to salt spray, air brake hose end fittings shall show no base metal corrosion on the end fitting surface except where crimping or the application of labeling information causes a displacement of the protective coating. (S12.25) S12. Test procedures--Plastic air brake tubing, plastic air brake tubing assemblies, plastic air brake tubing end fittings. S12.1 Air brake tubing dimensions. Measure the tubing dimensions including wall thickness, inside diameter, and outside diameter, using appropriate metrology apparatus such as micrometers, dial indicators and gauges, or optical comparators. To account for slight out-of-round conditions, diameter measurements may be calculated using the average of the major and minor diameters. S12.2 Constriction test. Perform the constriction test in S6.12 using an air brake tubing assembly, except that the spherical diameter ``A'' of the plug gauge in Figure 4, or the diameter of the rigid spherical ball in S6.12.3(a), shall be 66 percent of the nominal inside diameter of the tubing as specified in Table VII. S12.3 High temperature conditioning and dimensional stability test. (a) Condition the tubing at 230 degrees Fahrenheit (110 degrees Celsius) for 4 hours in an air oven. (b) Remove the tubing from the oven and allow to cool at room temperature for 30 minutes. (c) Measure the dimensions of the tubing using the procedure in S12.1. S12.4 Boiling water conditioning and dimensional stability test. (a) Utilize a container constructed of a non-reactive material large enough so that the tubing to be tested does not touch any surface of the container. Fill container with distilled water. (b) Slip the tubing over a stainless steel wire for positioning it in the pot. (c) Bring the water to a boil. Place the tubing in the water and position it so that it does not touch the container. Boil the tubing for two hours. Replenish the water as necessary, adding it slowly so that the water in the pot boils continuously. (d) Remove the tubing from the water and allow to cool at room temperature for 30 minutes. Wipe off any water that remains on the tubing. (e) Measure the dimensions of the tubing using the procedure in S12.1. S12.5 Burst strength test. (a) Utilize an air brake tubing assembly or prepare a 12 inch length of tubing and install end fittings according to the end fitting manufacturer's instructions. (b) Plug one end of the assembly, fill it with water, and connect the other end to a source of water pressure. Bleed [[Page 371]] any air from the assembly and water pressure system. (c) Increase the water pressure inside the tubing assembly at a rate of 3,000 psi per minute to the burst strength pressure for the size of tubing being tested as specified in Table VIII. S12.6 Moisture absorption and burst strength. (a) Prepare a sample of tubing twelve inches in length. (b) Condition the tubing at 230 degrees Fahrenheit (110 degrees Celsius) for 24 hours in an air oven. Remove the tubing from the oven and within 30 seconds, and weigh it to establish the initial weight. The weight shall be measured with a resolution of 0.01 gram; if the scale has a higher resolution, then values of 0.005 gram and above shall be rounded to the nearest 0.01 gram and values below 0.005 gram shall be truncated. (c) Place the tubing in an environmental chamber and condition it for 100 hours at 100 percent relative humidity and a temperature of 75 degrees Fahrenheit (24 degrees Celsius). (d) Remove the tubing from the chamber and within a period of 5 minutes, remove all surface moisture from the tubing using cloth and weigh the tubing to establish the conditioned weight. Weight shall be measured to the nearest 0.01 gram as in S12.6(b). (e) Calculate percentage of moisture absorption as follows: ([Conditioned Weight--Initial Weight] / [Initial Weight]) x 100 (f) Install end fittings according to the end fitting manufacturers instructions. (g) Conduct the burst strength test in S12.5 except use 80 percent of the burst strength pressure for the size of tubing being tested as specified in Table VIII. S12.7 Ultraviolet light resistance test. (a) Apparatus. An accelerated weathering test machine for ultraviolet light conditioning of plastic air brake tubing. The machine shall be equipped with fluorescent UVA-340 light bulbs and automatic irradiance control. Also utilize an impact test apparatus as shown in Figure 8. (b) Test standards. The testing is in accordance with ASTM G154-00, ASTM G151-97, and ASTM D4329-99 (all incorporated by reference, see Sec. 571.5). (c) Preparation. (1) Utilize a 12 inch length of plastic air brake tubing. Mask 1 inch of each end of the tubing where end fittings will be attached using opaque tape. (2) Attach the tubing to the test rack of the machine, securing it at the ends along the masked sections. Wipe the outside surface of the tubing with acetone to remove any surface contaminants. Place the tubing and rack in the accelerated weathering test machine so that the center of the tubing assembly is approximately in the center of the UV light exposure area of the test machine. (If multiple plastic brake tubing assemblies are tested, then their position in the machine should be rotated according to ASTM D4329-99 S7.4.1, except the rotation shall be each 96 hours instead of weekly.) The distance from the light bulb to the tubing shall be approximately 2 inches. Set the UV irradiance to 0.85 watts per square meter at 340 nm and maintain this level during the testing. Maintain a temperature inside the test chamber of 113 degrees Fahrenheit (45 degrees Celsius), and use only atmospheric humidity. Expose the tubing at this UV irradiance level for 300 hours continuously. Remove the tubing from the test chamber. (3) Place the tubing inside the impact test apparatus, and drop the impacter onto the tubing from a height of 12 inches. (4) Remove the masking material from the ends of the tubing. Install end fittings according to the end fitting manufacturer's instructions. Conduct the burst strength test in S12.5 except use 80 percent of the burst strength pressure for the size of tubing being tested as specified in Table VIII. [[Page 372]] [GRAPHIC] [TIFF OMITTED] TR20DE04.007 Table Accompanying Figure 8 ------------------------------------------------------------------------ Hole diameter ``D'' Nominal tubing outside diameter ----------------- mm Inches ------------------------------------------------------------------------ \1/8\ inch............................................ 3.96 0.156 \5/32\ inch........................................... 4.75 0.187 \3/16\ inch........................................... 5.54 0.218 \1/4\ inch............................................ 7.14 0.281 [[Page 373]] \5/16\ inch........................................... 8.71 0.343 \3/8\ inch............................................ 10.31 0.406 \1/2\ inch............................................ 13.49 0.531 \5/8\ inch............................................ 16.66 0.656 \3/4\ inch............................................ 20.32 0.800 6 mm.................................................. 6.80 0.268 8 mm.................................................. 8.80 0.346 10 mm................................................. 10.80 0.425 12 mm................................................. 12.80 0.504 16 mm................................................. 16.80 0.661 ------------------------------------------------------------------------ S12.8 Low temperature flexibility test. (a) Utilize a cylinder having a radius of six times the nominal outside diameter of the tubing. (b) Condition the tubing in an air oven at 230 degrees Fahrenheit (110 degrees Celsius) for 24 hours. Remove from the oven and cool at room temperature for 30 minutes. (c) Condition the cylinder and the tubing in an environmental chamber at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for four hours. (d) With the tubing and test cylinder at minus 40 degrees Fahrenheit (minus 40 degrees Celsius), bend the tubing 180 degrees around the cylinder at a steady rate in a period of 4 to 8 seconds. S12.9 High temperature flexibility test. (a) Utilize a cylinder having a radius equal to the supported bend radius in Table VIII for the size of tubing being tested. (b) Bend the tubing 180 degrees around the cylinder and hold in place with a clamp or other suitable support, applying only enough force on the tubing to hold it in position. (c) Condition the tubing and cylinder in an air oven at 230 degrees Fahrenheit (110 degrees Celsius) for 72 hours. Remove the tubing and cylinder from the oven and cool at room temperature for two hours. (d) Remove the clamps or supports from the tubing and straighten the tubing at a steady rate in a period of 4 to 8 seconds. (e) Rebend the tubing 180 degrees around the cylinder, at the same point but in the opposite direction of the bending in S12.9(b), at a steady rate in a period of 4 to 8 seconds. (f) Conduct the burst strength test in S12.5 except use 80 percent of the burst strength pressure for the size of tubing being tested as specified in Table VIII. S12.10 High temperature resistance test. Condition the tubing in an air oven at 230 degrees Fahrenheit (110 degrees Celsius) for 72 hours. Remove the tubing and allow to cool at room temperature for 30 minutes. Conduct the burst strength test in S12.5 except use 80 percent of the burst strength pressure for the size of tubing being tested as specified in Table VIII. S12.11 High temperature conditioning, low temperature impact resistance test. (a) Apparatus. Utilize an impact test apparatus as shown in Figure 8. (b) Condition the tubing in an air oven at 230 degrees Fahrenheit (110 degrees Celsius) for 72 hours. Remove the tubing and allow to cool at room temperature for 30 minutes. (c) Condition the tubing and the impact test apparatus in an environmental chamber at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for 4 hours. (d) With the tubing and impact test apparatus at minus 40 degrees Fahrenheit (minus 40 degrees Celsius), place the tubing inside the apparatus and drop the impacter onto the tubing from a height of 12 inches. Remove the tubing from the chamber and allow to warm at room temperature for one hour. (e) Conduct the burst strength test in S12.5 except use 80 percent of the burst strength pressure for the size of tubing being tested as specified in Table VIII. S12.12 Boiling water conditioning, low temperature impact resistance test. (a) Apparatus. Utilize an impact test apparatus as shown in Figure 8. (b) Condition the tubing in boiling water using the test in S12.4 (a) through (d), except that the length of tubing shall be 12 inches. (c) Condition the tubing and the impact test apparatus in an environmental chamber at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for 4 hours. (d) With the tubing and impact test apparatus at minus 40 degrees Fahrenheit (minus 40 degrees Celsius), place the tubing inside the apparatus and drop the impacter onto the tubing from a height of 12 inches. Remove the tubing from the chamber and allow to [[Page 374]] warm at room temperature for one hour. (e) Conduct the burst strength test in S12.5 except use 80 percent of the burst strength pressure for the size of tubing being tested as specified in Table VIII. S12.13 Zinc chloride resistance test. (a) Utilize a cylinder having a radius equal to the supported bend radius in Table VIII for the size of tubing being tested. The cylinder is constructed of a non-reactive material or coated to prevent chemical reaction with zinc chloride. The length of the tubing sample is long enough so that its ends will not be submerged during the immersion in zinc chloride, or the ends of the tubing are plugged to keep the zinc chloride from entering the tubing. (b) Bend the tubing 180 degrees around the cylinder and hold in place with a clamp or other suitable support constructed of non-reactive materials, applying only enough force on the tubing to hold it in position. (c) Immerse the tubing and cylinder in a 50 percent zinc chloride aqueous solution at room temperature for 200 hours. (d) Remove the tubing and cylinder from the solution. While still on the test cylinder, inspect the tubing under 7-power magnification for cracks. S12.14 Methyl alcohol resistance. (a) Utilize a cylinder having a radius equal to the supported bend radius in Table VIII for the size of tubing being tested. The cylinder is constructed of a non-reactive material or coated to prevent chemical reaction with methyl alcohol. (b) Bend the tubing 180 degrees around the cylinder and hold in place with a clamp or other suitable support constructed of non-reactive materials, applying only enough force on the tubing to hold it in position. The ends of the tubing may be shortened so that they will be fully submerged in the methyl alcohol. (c) Immerse the tubing and cylinder in a 95 percent methyl alcohol aqueous solution at room temperature for 200 hours. (d) Remove the tubing and cylinder from the solution. While still on the test cylinder, inspect the tubing under 7-power magnification for cracks. S12.15 High temperature conditioning and collapse resistance test. (a) Apparatus. A holding device consisting of two vertical pins affixed to a flat, horizontal plate. Each pin projects 1 inch above the top surface of the plate. The diameter of each pin is approximately equal to the inside diameter of the tubing being tested. Using the unsupported bend radius for the size of tubing being tested from Table VIII, the distance between the pin centerlines is equal to: [2 x unsupported bend radius] + [nominal OD of tubing] (b) Preparation. (1) Use the unsupported bend radius for the size of tubing being tested from Table VIII and cut the tubing to the following length: [3.14 x [unsupported bend radius]] + [10 x [nominal tubing OD]] + 2 inches or [3.14 x [unsupported bend radius]] + [10 x [nominal tubing OD]] + 50 mm (2) Place a reference mark at the center of the sample. At this mark, measure the initial outside diameter of the tubing. If the tubing is slightly out-of-round, use the elliptical minor diameter as the initial outside diameter. (3) Install the tubing completely over the pins of the holding device so that the tubing is bent 180 degrees. If the tubing has a natural curvature, the tubing shall be bent in the direction of the natural curvature. (4) Condition the holding device and tubing in an air oven at 200 degrees Fahrenheit (93 degrees Celsius) for 24 hours. Remove the holding device and tubing and allow to cool at room temperature for thirty minutes. (5) With the tubing still mounted to the holding device, measure the elliptical minor diameter of the tubing at the reference mark to determine the final outside diameter. (c) Calculation. Calculate the percentage collapse of the outside diameter of the tubing as follows: ([Initial Outside Diameter--Final Outside Diameter] / [Initial Outside Diameter]) x 100 S12.16 Ozone resistance test. Conduct the test specified in S6.8 using plastic air brake tubing. S12.17 Oil resistance test. (a) Utilize a plastic air brake tubing assembly or prepare a 12 inch length of tubing and install end fittings according to the [[Page 375]] end fitting manufacturer's instructions. (b) Immerse the tubing in ASTM IRM 903 oil at 212 degrees Fahrenheit (100 degrees Celsius) for 70 hours. Remove and allow to cool at room temperature for 30 minutes. Wipe any excess oil from the tubing assembly. (c) Conduct the burst strength test in S12.5 except use 80 percent of the burst strength pressure for the size of tubing being tested as specified in Table VIII and, at the manufacturer's option, oil may be used as the test medium instead of water. S12.18 Tensile strength test. Conduct the test in S8.9 using a plastic air brake tubing assembly or an assembly prepared from a 12 inch length of air brake tubing with end fittings installed according to the end fitting manufacturer's instructions. S12.19 Boiling water conditioning and tensile strength. (a) Apparatus. Use a tension testing machine as specified in S8.9. The lower attachment point of the machine is equipped with a heated, open-top container that is water tight. The inside of the container (lower attachment point) and upper attachment point of the machine have provisions to quickly attach a brake hose assembly for tensile testing. (b) Preparation. Prepare an air brake tubing assembly with a free length of 6 inches (six inches of exposed tubing between the end fittings), with the end fittings installed in accordance with the end fitting manufacturer's instructions. If necessary install adapters on the end fittings to permit quick attachment to the machine, to keep water from entering the tubing assembly, and to ensure that the tubing assembly is in a straight position when installed on the machine. Fill the container with distilled water such that the lower 4 inches of exposed tubing will be submerged when the brake tubing assembly is installed on the machine. Heat the water until it boils. Then quickly install the plastic air brake tubing assembly on the machine with the lower end of the tubing assembly in the boiling water. After the water has boiled continuously for 5 minutes, apply tension to the tubing assembly at a rate of 1 inch per minute travel of the moving head until either the conditioned tensile load in Table VIII for the size of tubing being tested is reached or the free length of the tubing assembly reaches 9 inches, whichever occurs first. S12.20 Thermal conditioning and tensile strength--(a) Apparatus. Use a tension testing machine as specified in S8.9. (b) Preparation. Prepare an air brake tubing assembly with a free length of 6 inches (six inches of exposed tubing between the end fittings), with the end fittings installed in accordance with the end fitting manufacturer's instructions. If necessary install adapters on the end fittings to permit attachment to the machine, to keep water from entering the tubing assembly, and/or to ensure that the tubing assembly is in a straight position when installed on the machine. Subject the tubing assembly to four complete cycles of the following sequence: (1) Condition the tubing assembly in an environmental chamber at minus 40 degrees Fahrenheit (minus 40 degrees Celsius) for 30 minutes. Remove from the chamber and allow to warm at room temperature for 30 minutes. (2) Condition the tubing assembly by submerging it in boiling water for 15 minutes. Remove and allow to cool at room temperature for 30 minutes. Install the tubing assembly on the tension testing machine and apply tension to the tubing assembly at a rate of one inch per minute travel of the moving head until either the conditioned tensile load in Table VIII for the size of tubing being tested is reached or the free length of the tubing assembly reaches 9 inches, whichever occurs first. S12.21 Vibration resistance test. (a) Apparatus. A vibration testing machine that supports a brake tubing assembly by its end fittings in approximately a straight line and includes the following features: (1) One tubing assembly attachment point is fixed and the other moves in a plane perpendicular to a line projected between the attachment points. The movable attachment point moves in a linear direction and travels \1/2\ inch total and at its midpoint of travel falls on a line projected between the attachment points. The movable attachment [[Page 376]] point has a cycle rate of 600 cycles per minute. (2) The distance between the attachment points is adjustable to compensate for varying lengths of brake tubing assemblies. (3) The actuating mechanism for the movable attachment point is balanced to prevent introduction of machine vibration into the brake tubing assembly. (4) The machine has a compressed air supply system that pressurizes the air brake tubing assembly through one fitting while the other fitting is plugged. The machine's compressed air supply system includes a pressure gauge or monitoring system and an air flow meter. (5) The machine is constructed so that an air brake tubing assembly mounted on it can be conditioned in an environmental test chamber. (b) Preparation. (1) Prepare an air brake tubing assembly with a free length of 18 inches (18 inches of exposed tubing between the end fittings), with the end fittings installed in accordance with the end fitting manufacturer's instructions. Record the initial tightening torque for an end fitting that uses a threaded retaining nut. (2) Install the air brake tubing assembly on the vibration testing machine and, with the movable attachment point at the midpoint of its travel, adjust the distance between the attachment points so that they are \1/2\ inch closer together than the distance at which the tubing assembly is taut. (3) With the tubing assembly inside the environmental chamber, apply compressed air to the tubing assembly at a regulated pressure of 120 psi and maintain the supply of air to the tubing assembly for the duration of the test. Set the temperature of the environmental chamber to 220 degrees Fahrenheit (104 degrees Celsius) and initiate cycling of the movable attachment point. After 250,000 cycles, set the temperature of the environmental chamber to minus 40 degrees Fahrenheit (minus 40 degrees Celsius). After 500,000 cycles, set the temperature of the environmental chamber to 220 degrees Fahrenheit (104 degrees Celsius). After 750,000 cycles, set the temperature of the environmental chamber to minus 40 degrees Fahrenheit (minus 40 degrees Celsius). Measure the air flow rate just prior to 1,000,000 cycles and if the compressed air flow rate supplied to the air brake tubing assembly exceeds 50 cubic centimeters per minute this constitutes failure of the test. Stop the cycling at 1,000,000 cycles and set the environmental chamber temperature to 75 degrees Fahrenheit (24 degrees Celsius), while air pressure is still supplied to the air brake tubing assembly. After one hour, measure the compressed air flow rate supplied to the air brake tubing assembly and if the rate exceeds 25 cubic centimeters per minute this constitutes failure of the test. (4) For end fittings that use a threaded retaining nut, apply 20 percent of the original tightening torque as recorded in S12.21(b)(1). If the retention nut visibly moves, this constitutes a failure of the test. S12.22 End fitting retention test. (a) Utilize an air brake tubing assembly or prepare a 12 inch length of tubing and install end fittings according to the end fitting manufacturer's instructions. (b) Plug one end of the assembly, fill it with water, and connect the other end to a source of water pressure. Bleed any air from the assembly and water pressure system. (c) Increase the pressure inside the tubing assembly at a rate of 3,000 psi per minute to 50 percent of the burst strength pressure for the size of tubing being tested as specified in Table VIII. Hold the pressure constant for 30 seconds. (d) Increase the pressure inside the tubing assembly at a rate of 3,000 psi per minute to the burst strength pressure for the size of tubing being tested as specified in Table VIII. S12.23 Thermal conditioning and end fitting retention test--(a) Apparatus. A source of hydraulic pressure that includes a pressure gauge or monitoring system, uses ASTM IRM 903 oil, and is constructed so that an air brake tubing assembly mounted to it can be conditioned in an environmental test chamber. (b) Preparation. Utilize an air brake tubing assembly or prepare a 12 inch [[Page 377]] length of tubing and install end fittings according to the end fitting manufacturer's instructions. Attach one end of the assembly to the hydraulic pressure supply and plug the other end of the assembly, fill the assembly with ASTM IRM 903 oil and bleed any air from the assembly, and place the tubing assembly inside an environmental chamber. Conduct the following tests: (1) With atmospheric pressure applied to the oil inside the tubing assembly, set the environmental chamber temperature to 200 degrees Fahrenheit (93 degrees Celsius) and condition the tubing assembly for 24 hours. (2) With the temperature maintained at 200 degrees Fahrenheit (93 degrees Celsius), increase the oil pressure inside the tubing assembly at a rate of 3,000 psi per minute to 450 psi, and hold this pressure for 5 minutes. (3) Decrease the oil pressure inside the tubing assembly at a rate of 3,000 psi per minute to atmospheric pressure and set the temperature of the environmental chamber to 75 degrees Fahrenheit (24 degrees Celsius). Condition the tubing assembly at this temperature for 1 hour. (4) Set the temperature of the environmental chamber to minus 40 degrees Fahrenheit (minus 40 degrees Celsius) and condition the tubing assembly for 24 hours. (5) With the temperature maintained at minus 40 degrees Fahrenheit (minus 40 degrees Celsius), increase the hydraulic pressure inside the tubing assembly at a rate of 3,000 psi per minute to 450 psi, and hold this pressure for 5 minutes. S12.24 End fitting serviceability--(a) Apparatus. A source of air pressure that includes a pressure gauge or monitoring system and is equipped with a mass air flow meter. (b) Preparation. Prepare a 12-inch length of tubing and plug one end. Assemble the end fitting with the threaded retention nut on the other end of the tubing according to the end fitting manufacturer's instructions, then disassemble the fitting. Repeat the assembly and disassembly sequence three more times, and then reassemble the end fitting (five total assembly steps). (c) Attach the end fitting with the threaded retention nut to the source of air pressure. Pressurize the tubing at a rate of 3,000 psi per minute to a pressure of 120 psi. If the end fitting leaks, measure and record the leakage rate using the mass air flow meter. S12.25 End fitting corrosion resistance. Utilize an air brake tubing assembly or prepare a 12-inch length of tubing and install end fittings according to the end fitting manufacturer's instructions. Conduct the test specified in S6.11 using a plastic air brake tubing assembly. S13. Test Conditions. Each hose assembly or appropriate part thereof shall be able to meet the requirements of S5, S7, S9, and S11, under the following conditions. S13.1 The temperature of the testing room is 75 degrees Fahrenheit (24 degrees Celsius). S13.2 The brake hoses and brake hose assemblies are at least 24 hours old, and unused. S13.3 Specified test pressures are gauge pressures (psig). [38 FR 31303, Nov. 13, 1973] Editorial Note: For Federal Register citations affecting Sec. 571.106, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.107 [Reserved] Sec. 571.108 Standard No. 108; Lamps, reflective devices, and associated equipment. S1 Scope. This standard specifies requirements for original and replacement lamps, reflective devices, and associated equipment. S2 Purpose. The purpose of this standard is to reduce traffic accidents and deaths and injuries resulting from traffic accidents, by providing adequate illumination of the roadway, and by enhancing the conspicuity of motor vehicles on the public roads so that their presence is perceived and their signals understood, both in daylight and in darkness or other conditions of reduced visibility. S3 Application. This standard applies to: S3.1 Passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (except pole trailers and trailer converter dollies), and motorcycles; [[Page 378]] S3.2 Retroreflective sheeting and reflex reflectors manufactured to conform to S8.2 of this standard; and S3.3 Lamps, reflective devices, and associated equipment for replacement of like equipment on vehicles to which this standard applies. S4 Definitions. Adaptive driving beam means a long-range light beam for forward visibility, which automatically modifies portions of the projected light to reduce glare to traffic participants on an ongoing, dynamic basis. Aiming plane means a plane defined by the surface of the three aiming pads on the lens. Aiming reference plane means a plane which is perpendicular to the longitudinal axis of the vehicle and tangent to the forwardmost aiming pad on the headlamp. Aiming screws are the horizontal and vertical adjusting screws with self-locking features used to aim and retain a headlamp unit in the proper position. Axis of reference means the characteristic axis of the lamp for use as the direction of reference (H = 0[deg], V = 0[deg]) for angles of field for photometric measurements and for installing the lamp on the vehicle. Backup lamp means a lamp or lamps which illuminate the road to the rear of a vehicle and provide a warning signal to pedestrians and other drivers when the vehicle is backing up or is about to back up. Beam contributor means an indivisible optical assembly including a lens, reflector, and light source, that is part of an integral beam headlighting system and contributes only a portion of a headlamp beam. Cargo lamp is a lamp that is mounted on a multipurpose passenger vehicle, truck, or bus for the purpose of providing illumination to load or unload cargo. Clearance lamps are lamps which show to the front or rear of the vehicle, mounted on the permanent structure of the vehicle as near as practicable to the upper left and right extreme edges to indicate the overall width and height of the vehicle. Coated materials means a material which has a coating applied to the surface of the finished sample to impart some protective properties. Coating identification means a mark of the manufacturer's name, formulation designation number, and recommendations for application. Color Fundamental definitions of color are expressed by Chromaticity Coordinates according to the CIE 1931 Standard Colorimetric System, as described in the CIE 1931 Chromaticity Diagram (incorporated by reference, see Sec. 571.5). Color bleeding means the migration of color out of a plastic part onto the surrounding surface. Combination clearance and side marker lamps are single lamps which simultaneously fulfill the requirements of clearance and side marker lamps. Combination headlamp means a headlamp that is a combination of two different headlamp types chosen from a type F sealed beam headlamp, an integral beam headlamp, or a replaceable bulb headlamp. Cracking means a separation of adjacent sections of a plastic material with penetration into the specimen. Crazing means a network of apparent fine cracks on or beneath the surface of materials. Cutoff means a generally horizontal, visual/optical aiming cue in the lower beam that marks a separation between areas of higher and lower luminance. Daytime running lamps (DRLs) are steady burning lamps that are used to improve the conspicuity of a vehicle from the front and front sides when the regular headlamps are not required for driving. Delamination means a separation of the layers of a material including coatings. Design voltage means the voltage used for design purposes. Direct reading indicator means a device that is mounted in its entirety on a headlamp or headlamp aiming or headlamp mounting equipment, is part of a VHAD, and provides information about headlamp aim in an analog or digital format. Effective light-emitting surface means that portion of a lamp that directs light to the photometric test pattern, and does not include transparent lenses, mounting hole bosses, reflex reflector area, beads or rims that may [[Page 379]] glow or produce small areas of increased intensity as a result of uncontrolled light from an area of \1/2\[deg] radius around a test point. Effective projected luminous lens area means the area of the orthogonal projection of the effective light-emitting surface of a lamp on a plane perpendicular to a defined direction relative to the axis of reference. Unless otherwise specified, the direction is coincident with the axis of reference. Exposed means material used in lenses or optical devices exposed to direct sunlight as installed on the vehicle. Filament means that part of the light source or light emitting element(s), such as a resistive element, the excited portion of a specific mixture of gases under pressure, or any part of other energy conversion sources, that generates radiant energy which can be seen. Flash means a cycle of activation and deactivation of a lamp by automatic means continuing until stopped either automatically or manually. Fully opened means the position of the headlamp concealment device in which the headlamp is in the design open operating position. H-V axis means the line from the center of the principal filament of a lamp to the intersection of the horizontal (H) and vertical (V) lines of a photometric test screen. Haze means the cloudy or turbid appearance of an otherwise transparent specimen caused by light scattered from within the specimen or from its surface. Headlamp means a lighting device providing an upper and/or a lower beam used for providing illumination forward of the vehicle. Headlamp concealment device means a device, with its operating system and components, that provides concealment of the headlamp when it is not in use, including a movable headlamp cover and a headlamp that displaces for concealment purposes. Headlamp mechanical axis means the line formed by the intersection of a horizontal and a vertical plane through the light source parallel to the longitudinal axis of the vehicle. If the mechanical axis of the headlamp is not at the geometric center of the lens, then the location will be indicated by the manufacturer on the headlamp. Headlamp test fixture means a device designed to support a headlamp or headlamp assembly in the test position specified in the laboratory tests and whose mounting hardware and components are those necessary to operate the headlamp as installed in a motor vehicle. Headlighting system midpoint means the intersection of a horizontal plane through the test vehicle's headlamp light sources, a vertical plane through the test vehicle's headlamp light sources and a vertical plane through the test vehicle's centerline. High-mounted stop lamp means a lamp mounted high and possibly forward of the tail, stop, and rear turn signal lamps intended to give a steady stop warning through intervening vehicles to operators of following vehicles. Identification lamps are lamps used in groups of three, in a horizontal row, which show to the front or rear or both, having lamp centers spaced not less than [6 in] 15.2 mm nor more than [12 in] 30.4 mm apart, mounted on the permanent structure as near as practicable to the vertical centerline and the top of the vehicle to identify certain types of vehicles. Integral beam headlamp means a headlamp (other than a standardized sealed beam headlamp designed to conform to paragraph S10.13 or a replaceable bulb headlamp designed to conform to paragraph S10.15) comprising an integral and indivisible optical assembly including lens, reflector, and light source, except that a headlamp conforming to paragraph S10.18.8 or paragraph S10.18.9 may have a lens designed to be replaceable. License plate lamp means a lamp used to illuminate the license plate on the rear of a vehicle. Lower beam means a beam intended to illuminate the road and its environs ahead of the vehicle when meeting or closely following another vehicle. Material means the type and grade of plastics, composition, and manufacturer's designation number and color. Mechanically aimable headlamp means a headlamp having three pads on the lens, forming an aiming plane used for laboratory photometric testing and for [[Page 380]] adjusting and inspecting the aim of the headlamp when installed on the vehicle. Motor driven cycle means every motorcycle, including every motor scooter, with a motor which produces not more than 5 horsepower, and every bicycle with motor attached. Motorcycle or motor driven cycle headlamp means a major lighting device used to produce general illumination ahead of the vehicle. Mounting ring means the adjustable ring upon which a sealed beam unit is mounted. Mounting ring (type F sealed beam) means the adjustable ring upon which a sealed beam unit is mounted and which forces the sealed beam unit to seat against the aiming ring when assembled into a sealed beam assembly. Multiple compartment lamp means a device which gives its indication by two or more separately lighted areas which are joined by one or more common parts, such as a housing or lens. Multiple lamp arrangement means an array of two or more separate lamps on each side of the vehicle which operate together to give a signal. Optically combined means a lamp having a single or two filament light source or two or more separate light sources that operate in different ways, and has its optically functional lens area wholly or partially common to two or more lamp functions. Overall width means the nominal design dimension of the widest part of the vehicle, exclusive of signal lamps, marker lamps, outside rearview mirrors, flexible fender extensions, mud flaps, and outside door handles determined with doors and windows closed, and the wheels in the straight-ahead position. Running boards may also be excluded from the determination of overall width if they do not extend beyond the width as determined by the other items excluded by this definition. Parking lamps are lamps on both the left and right of the vehicle which show to the front and are intended to mark the vehicle when parked or serve as a reserve front position indicating system in the event of headlamp failure. Protected means material used in inner lenses for optical devices where such lenses are protected from exposure to the sun by an outer lens made of materials meeting the requirements for exposed plastics. Rated voltage means the nominal circuit or vehicle electrical system voltage classification. Reflex reflectors are devices used on vehicles to give an indication to approaching drivers using reflected light from the lamps of the approaching vehicle. Remote reading indicator means a device that is not mounted in its entirety on a headlamp or headlamp aiming or headlamp mounting equipment, but otherwise meets the definition of a direct reading indicator. Replaceable bulb headlamp means a headlamp comprising a bonded lens and reflector assembly and one or two replaceable light sources, except that a headlamp conforming to paragraph S10.18.8 or paragraph S10.18.9 may have a lens designed to be replaceable. Replaceable light source means an assembly of a capsule, base, and terminals that is designed to conform to the requirements of appendix A or appendix B of 49 CFR part 564 Replaceable Light Source Information of this Chapter. Retaining ring means the clamping ring that holds a sealed beam unit against a mounting ring. Retaining ring (type F sealed beam) means the clamping ring that holds a sealed beam unit against a mounting ring, and that provides an interface between the unit's aiming/seating pads and the headlamp aimer adapter (locating plate). School bus signal lamps are alternately flashing lamps mounted horizontally both front and rear, intended to identify a vehicle as a school bus and to inform other users of the highway that such vehicle is stopped on the highway to take on or discharge school children. Sealed beam headlamp means an integral and indivisible optical assembly including the light source with ``SEALED BEAM'' molded in the lens. Sealed beam headlamp assembly means a major lighting assembly which includes one or more sealed beam units used to provide general illumination ahead of the vehicle. [[Page 381]] Seasoning means the process of energizing the filament of a headlamp at design voltage for a period of time equal to 1% of design life, or other equivalent method. Semiautomatic headlamp beam switching device is one which provides either automatic or manual control of beam switching at the option of the driver. When the control is automatic the headlamp beams switch automatically. When the control is manual, the driver may obtain either the lower beam or the upper beam manually regardless of the conditions ahead of the vehicle. Side marker lamps are lamps which show to the side of the vehicle, mounted on the permanent structure of the vehicle as near as practicable to the front and rear edges to indicate the overall length of the vehicle. Additional lamps may also be mounted at intermediate locations on the sides of the vehicle. Stop lamps are lamps giving a steady light to the rear of a vehicle to indicate a vehicle is stopping or diminishing speed by braking. Taillamps are steady burning low intensity lamps used to designate the rear of a vehicle. Test voltage means the specified voltage and tolerance to be used when conducting a test. Transition zone means the portion of an adaptive driving beam that occurs between an area of reduced intensity and an area of unreduced intensity. Turn signal lamps are the signaling element of a turn signal system which indicates the intention to turn or change direction by giving a flashing light on the side toward which the turn will be made. Turn signal flasher means a device which causes a turn signal lamp to flash as long as it is turned on. Turn signal operating unit means an operating unit that is part of a turn signal system by which the operator of a vehicle causes the signal units to function. Upper beam means a beam intended primarily for distance illumination and for use when not meeting or closely following other vehicles. Vehicle headlamp aiming device or VHAD means motor vehicle equipment, installed either on a vehicle or headlamp, which is used for determining the horizontal or vertical aim, or both the vertical and horizontal aim of the headlamp. Vehicular hazard warning signal flasher means a device which, as long as it is turned on, causes all the required turn signal lamps to flash. Vehicular hazard warning signal operating unit means a driver controlled device which causes all required turn signal lamps to flash simultaneously to indicate to approaching drivers the presence of a vehicular hazard. Visually/optically aimable headlamp means a headlamp which is designed to be visually/optically aimable in accordance with the requirements of paragraph S10.18.9 of this standard. S5 References to SAE publications. Each required lamp, reflective device, and item of associated equipment must be designed to conform to the requirements of applicable SAE publications as referenced and subreferenced in this standard. The words ``it is recommended that,'' ``recommendations,'' or ``should be'' appearing in any SAE publication referenced or subreferenced in this standard must be read as setting forth mandatory requirements. S6 Vehicle requirements. S6.1 Required lamps, reflective devices, and associated equipment by vehicle type. S6.1.1 Quantity. Except as provided in succeeding paragraphs of this S6.1.1 each vehicle must be equipped with at least the number of lamps, reflective devices, and items of associated equipment specified for that vehicle type and size in Table I and Section 6.6, designed to conform to the requirements of this standard. Multiple license plate lamps and backup lamps may be used to fulfill photometric requirements for those functions. S6.1.1.1 Conspicuity systems. Each trailer of 2032 mm or more in overall width, and with a GVWR over 10,000 lbs., except a trailer designed exclusively for living or office use, and each truck tractor must be equipped with retroreflective sheeting, reflex reflectors, or a combination of retroreflective sheeting and reflex reflectors as specified in S8.2. S6.1.1.2 High-mounted stop lamps. Each multipurpose passenger vehicle, [[Page 382]] truck, and bus required by this standard to be equipped with a high- mounted stop lamp, whose vertical centerline, when the vehicle is viewed from the rear, is not located on a fixed body panel but separates one or two moveable body sections, such as doors, which lacks sufficient space to install a single high-mounted stop lamp on the centerline above such body sections, must have two high-mounted stop lamps identical in size and shape. S6.1.1.2.1 The two lamps must be located at the same height, with one vertical edge of each lamp on the vertical edge of the body section nearest the vehicle centerline. S6.1.1.3 Truck tractor rear turn signal lamps. A truck tractor need not be equipped with turn signal lamps mounted on the rear if the turn signal lamps installed at or near the front are of double face construction and are located such that they meet the photometric requirements for double faced turn signal lamps specified in Footnote 6 of Table VII. S6.1.1.3.1 The flashing signal from a double faced signal lamp must not be obliterated when subjected to external light rays from either in front or behind, at any and all angles. S6.1.1.4 Daytime running lamps. Any pair of lamps on the front of a passenger car, multipurpose passenger vehicle, truck, or bus, whether or not required by this standard, other than parking lamps or fog lamps, may be wired to be automatically activated, as determined by the manufacturer of the vehicle, in a steady burning state as daytime running lamps (DRLs) in accordance with S7.10.5. S6.1.2 Color. The color in all lamps and reflective devices to which this standard applies must be as specified in Table I. The color identified as amber is identical to the color identified as yellow. S6.1.3 Mounting location. S6.1.3.1 Each lamp, reflective device, and item of associated equipment must be securely mounted on a rigid part of the vehicle, other than glazing, that is not designed to be removed except for repair, within the mounting location and height limits as specified in Table I, and in a location where it complies with all applicable photometric requirements, effective projected luminous lens area requirements, and visibility requirements with all obstructions considered. S6.1.3.2 When multiple lamp arrangements for rear turn signal lamps, stop lamps, or taillamps are used, with only a portion of the lamps installed on a fixed part of the vehicle, the lamp or lamps that are installed to the non-fixed part of the vehicle will be considered auxiliary lamps. S6.1.3.3 License plate lamp. The license plate lamp or lamps installed on vehicles other than motorcycles and motor driven cycles must be mounted so as to illuminate the license plate without obstruction from any designed feature unless the lamp or lamps is (are) designed to comply with all the photometric requirements with these obstructions considered. S6.1.3.4 High-mounted stop lamps. S6.1.3.4.1 Interior mounting. A high-mounted stop lamp mounted inside the vehicle must have means provided to minimize reflections from the light of the lamp upon the rear window glazing that might be visible to the driver when viewed directly, or indirectly in the rearview mirror. S6.1.3.4.2 Accessibility. Each high-mounted stop lamp must provide access for convenient replacement of bulbs without special tools. S6.1.3.5 Headlamp beam mounting. S6.1.3.5.1 Vertical headlamp arrangement. S6.1.3.5.1.1 Where multiple headlamps with single light sources are installed in a vertical orientation the lower beam must be provided by the uppermost headlamp. S6.1.3.5.1.2 Where headlamps with two vertically oriented light sources are installed the lower beam must be provided by the uppermost light source or by all light sources. S6.1.3.5.2 Horizontal headlamp arrangement. S6.1.3.5.2.1 Where multiple headlamps with single light sources are installed in a horizontal orientation the lower beam must be provided by the most outboard headlamp. S6.1.3.5.2.2 Where headlamps with two horizontally oriented light sources are installed the lower beam must be [[Page 383]] provided by the outboard light source or by all light sources. S6.1.3.6 Auxiliary lamps mounted near identification lamps. Each auxiliary lamp must be located at least twice the distance from any required identification lamp as the distance between two adjacent required identification lamps. S6.1.4 Mounting height. The mounting height of each lamp and reflective device must be measured from the center of the item, as mounted on the vehicle at curb weight, to the road surface. S6.1.4.1 High-mounted stop lamps. S6.1.4.1.1 A high-mounted stop lamp mounted below the rear window must have no lens portion lower than 153 mm [6 in] below the lower edge of the rear glazing on convertibles, or 77 mm [3 in] on other passenger cars. S6.1.5 Activation. Each lamp must be activated as specified, in the combinations specified, and in response to the inputs specified in Table I and Table II. S6.1.5.1 Hazard warning signal. In all passenger cars, multipurpose passenger vehicles, trucks, and buses, the activation of the vehicular hazard warning signal operating unit must cause to flash simultaneously sufficient turn signal lamps to meet, as a minimum, the turn signal photometric requirements of this standard. S6.1.5.2 Simultaneous beam activation. S6.1.5.2.1 On any vehicle to which this standard applies where the headlighting system is designed to conform to the photometric requirements of UB1 of Table XVIII and LB1M or LB1V of Table XIX-a, the lamps marked ``L'' or ``LF'' may remain permanently activated when the lamps marked ``U'' or ``UF'' are activated. S6.1.5.2.2 On any vehicle to which this standard applies where an integral beam headlighting system is designed to conform to the photometric requirements of UB6 of Table XVIII and LB5M of Table XIX-b or LB4V of Table XIX-c, the lower beam headlamps must remain permanently activated when the upper beam headlamps are activated. S6.1.5.2.3 On any vehicle to which this section applies where the headlighting system is designed to conform to the photometric requirements of UB2 of Table XVIII and LB2M or LB2V of Table XIX-a, a lower beam light source may remain permanently activated when an upper beam light source is activated if the lower beam light source contributes to the upper beam photometric compliance of the headlighting system. S6.2 Impairment. S6.2.1 No additional lamp, reflective device, or other motor vehicle equipment is permitted to be installed that impairs the effectiveness of lighting equipment required by this standard. S6.2.2 If any required lamp or reflective device is obstructed by motor vehicle equipment (e.g., mirrors, snow plows, wrecker booms, backhoes, winches, etc.) including dealer installed equipment, and cannot meet the applicable photometry and visibility requirements, the vehicle must be equipped with an additional lamp or device of the same type which meet all applicable requirements of this standard, including photometry and visibility. S6.2.3 Headlamp obstructions. S6.2.3.1 When activated in the steady burning state, headlamps (excluding headlamps mounted on motorcycles) must not have any styling ornament or other feature, such as a translucent cover or grill, in front of the lens S6.2.3.2 Headlamp wipers may be used in front of the lens provided that the headlamp system is designed to conform with all applicable photometric requirements with the wiper stopped in any position in front of the lens. S6.3 Equipment combinations. Two or more lamps, reflective devices, or items of associated equipment may be combined if the requirements for each lamp, reflective device, and item of associated equipment are met with the following exceptions: S6.3.1 No high-mounted stop lamp is permitted to be combined with any other lamp or reflective device, other than with a cargo lamp. S6.3.2 No high-mounted stop lamp is permitted to be optically combined with any cargo lamp. S6.3.3 No clearance lamp is permitted to be optically combined with any taillamp. S6.4 Lens area, visibility and school bus signal lamp aiming. [[Page 384]] S6.4.1 Effective projected luminous lens area. Each turn signal lamp, stop lamp, high-mounted stop lamp, and school bus signal lamp must meet the applicable effective projected luminous lens area requirement specified in Tables IV-a, IV-b, and IV-c. S6.4.2 Visibility. Each backup lamp, single or combination of dual high-mounted stop lamp(s), and school bus signal lamp must meet the applicable visibility requirement specified in Table V-a. 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 option. 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; or (b) Luminous intensity option. When a vehicle is equipped with any lamp listed in Table V-c each such lamp must provide a luminous intensity of not less than that specified in Table V-c in any direction throughout the pattern defined by the corner points specified in Table V-c for each such lamp when measured in accordance with the photometry test requirements of this standard. S6.4.4 Legacy visibility alternative. As an alternative to S6.4.3, each passenger car and motorcycle, and each multipurpose passenger vehicle, truck, trailer, and bus that is of less than 2032 mm overall width, that is manufactured on or before September 1, 2011, and each multipurpose passenger vehicle, truck, trailer, and bus that is of 2032 mm or more overall width, that is manufactured on or before September 1, 2014, must have each lamp located so that it meets the visibility requirements specified in Table V-d. S6.4.5 School bus signal lamp aiming. Each school bus signal lamp must be mounted on the vehicle with its aiming plane vertical and normal to the vehicle longitudinal axis. Aim tolerance must be no more than 5 in vertically and 10 in horizontally at 25 ft from the lamp. If the lamps are aimed or inspected by use of SAE Recommended Practice J602- 1963 (incorporated by reference, see Sec. 571.5), the graduation settings for aim must be 2[deg] D and 0[deg] sideways for aiming and the limits must be 3[deg] U to 7[deg] D and from 10[deg] R to 10[deg] L for inspection. S6.5 Marking. A summary of the marking requirements of this standard and their location in the standard is contained in Table III. S6.5.1 DOT marking. The lens of each original equipment and replacement headlamp, and of each original equipment and replacement beam contributor, and each replacement headlamp lens for an integral beam or replaceable bulb headlamp, must be marked with the symbol ``DOT'' either horizontally or vertically to indicate certification under 49 U.S.C. 30115. S6.5.1.1 The DOT marking requirements for conspicuity materials are specified in S8.2 of this standard. S6.5.1.2 Each original equipment or replacement lamp or reflective device specified in Table I, except for a headlamp, or an item of associated equipment specified in S9 may be marked with the symbol ``DOT'' which constitutes a certification that it conforms to the requirements of this standard. S6.5.2 DRL marking. Each original equipment and replacement lamp used as a daytime running lamp (DRL), unless optically combined with a headlamp, must be permanently marked ``DRL'' on its lens in letters not less than 3 mm high. S6.5.3 Headlamp markings. S6.5.3.1 Trademark. The lens of each original and replacement equipment headlamp, and of each original and replacement equipment beam contributor must be marked with the name and/or trademark registered with the U.S. Patent and Trademark Office of the manufacturer of such headlamp or beam contributor, of its importer, or any manufacturer of a vehicle equipped with such headlamp or beam contributor. Nothing in this standard authorizes the marking of any such name and/or trademark by one who is not the owner, unless the owner has consented to it. [[Page 385]] S6.5.3.2 Voltage and trade number. Each original and replacement equipment headlamp, and each original and replacement equipment beam contributor must be marked with its voltage and with its part or trade number. S6.5.3.3 Sealed beam headlamp markings. S6.5.3.3.1 Each sealed beam headlamp lens must be molded with ``sealed beam'' and the appropriate designation code as shown in Table II in characters no less than 6.35 mm in size. S6.5.3.3.2 The face of any character molded on the surface of the lens must not be raised more than 0.5 mm above the lens surface. S6.5.3.3.3 Type 1C1, 2C1, and 2D1 headlamps must have no raised markings on the outside surface of the lens between the diameters of 40 mm and 90 mm about the lens center. S6.5.3.3.4 Type 1A1, 2A1, 2B1, and 2E1 headlamps must have no raised markings on the outside surface of the lens within a diameter of 70 mm about the lens center. S6.5.3.3.5 Type LF, UF, 1G1, 2G1, and 2H1 headlamps must have no raised markings on the outside surface of the lens within a diameter of 35 mm about the lens center. S6.5.3.3.6 A Type 1C1 replacement headlamp may be marked ``1'' rather than ``1C1''. A Type 2C1 replacement headlamp may be marked ``2'' rather than ``2C1''. A Type 2D1 replacement headlamp may be marked ``TOP'' or ``2'' rather than ``2D1''. S6.5.3.4 Replaceable bulb headlamp markings. S6.5.3.4.1 The lens of each replaceable bulb headlamp must bear permanent marking in front of each replaceable light source with which it is equipped that states either: The HB Type, if the light source conforms to S11 of this standard for filament light sources, or the bulb marking/designation provided in compliance with Section VIII of appendix A of 49 CFR Part 564 (if the light source conforms to S11 of this standard for discharge light sources). S6.5.3.4.1.1 No marking need be provided if the only replaceable light source in the headlamp is type HB1. S6.5.3.5 Additional headlamp markings. Additional marking requirements for headlamps are found in, S10.14.4, S10.15.4, S10.17.2, S10.18.5, S10.18.7, and S10.18.9 of this standard. S6.5.3.6 Each replacement headlamp lens must also be marked with the manufacturer and the part or trade number of the headlamp for which it is intended, and with the name and/or trademark of the lens manufacturer or importer that is registered with the U.S. Patent and Trademark Office. Nothing in this standard authorizes the marking of any such name and/or trademark by one who is not the owner, unless the owner has consented to it. S6.6 Associated equipment. S6.6.1 All vehicles to which this standard applies, except trailers, must be equipped with a turn signal operating unit, a turn signal flasher, a turn signal pilot indicator, a headlamp beam switching device, and an upper beam headlamp indicator meeting the requirements of S9. S6.6.2 All vehicles to which this standard applies except trailers and motorcycles must be equipped with a vehicular hazard warning operating unit, a vehicular hazard warning signal flasher, and a vehicular hazard warning signal pilot indicator meeting the requirements of S9. S6.6.3 License plate holder. Each rear license plate holder must be designed and constructed to provide a substantial plane surface on which to mount the plate. S6.6.3.1 For motor vehicles on which the license plate is designed to be mounted on the vehicle such that the upper edge of the license plate is 1.2 m or less from the ground, the plane of the license plate mounting surface and the plane on which the vehicle stands must be perpendicular within 30[deg] upward (an installed plate will face above the horizon) and 15[deg] downward (an installed plate will face below the horizon). S6.6.3.2 For motor vehicles on which the license plate is designed to be mounted on the vehicle such that the upper edge of the license plate is more than 1.2m from the ground, the plane of the license plate mounting surface and the plane on which the vehicle stands must be perpendicular within 15[deg]. S6.7 Replacement equipment. [[Page 386]] S6.7.1 General. S6.7.1.1 Each replacement lamp, reflective device, or item of associated equipment, including a combination lamp, must: (a) Be designed to conform to meet all requirements specified in this standard for that type of lamp, reflective device, or other item of equipment (in the case of a combination lamp, it must meet these requirements for each function); and (b) Include all of the functions of the lamp, reflective device, or item of associated equipment, including a combination lamp, it is designed to replace or is capable of replacing (other than functions not required by this standard). S6.7.1.2 Each replacement lamp, reflective device, or item of associated equipment, including a combination lamp, which is designed or recommended for particular vehicle models must be designed so that it does not take the vehicle out of compliance with this standard when the individual device is installed on the vehicle. Except as provided in S6.7.1.3, the determination of whether a vehicle would be taken out of compliance with this standard when an individual device is installed on the vehicle is made without regard to whether additional devices, including separate lamps or reflective devices sold together with the device, would also be installed. S6.7.1.3 In the case of a lamp or other device that is used on each side of the vehicle in pairs, the determination (for the purposes of S6.7.1.2) of whether a vehicle would be taken out of compliance with this standard when an individual device is installed on the vehicle is made assuming that the other matched paired device would be installed on the other side of the vehicle, whether or not the matched paired devices are sold together. This provision does not limit the responsibilities of manufacturers, distributors, dealers or motor vehicle repair businesses under 49 U.S.C. 30122, Making safety devices and elements inoperative. S6.7.2 Version of this standard. The requirements of S6.7.1 must be met, at the option of the manufacturer, using either the current version of this standard or the standard in effect at the time of manufacture of the original equipment being replaced. S7 Signal lamp requirements. S7.1 Turn signal lamps. S7.1.1 Front turn signal lamps. S7.1.1.1 Number. See Tables I-a and I-c. S7.1.1.2 Color of light. See Tables I-a and I-c. S7.1.1.3 Mounting location. See Tables I-a and I-c. S7.1.1.4 Mounting height. See Tables I-a and I-c. S7.1.1.5 Activation. See Tables I-a and I-c. S7.1.1.6 Effective projected luminous lens area. See Table IV-a. S7.1.1.7 Visibility. See S6.4. S7.1.1.8 Indicator. See S9.3. S7.1.1.9 Markings. See S6.5.1.2. S7.1.1.10 Spacing to other lamps. S7.1.1.10.1 Each front turn signal lamp must also be designed to comply with any additional photometry requirements based on its installed spacing to other lamps as specified by this section. Where more than one spacing relationship exists for a turn signal lamp the requirement must be the one that specifies the highest luminous intensity multiplier of Tables VI-a and VI-b. S7.1.1.10.2 Spacing measurement for non-reflector lamps. For any front turn signal lamp that does not employ a reflector to meet photometric requirements, the spacing must be measured from the light source of the turn signal lamp to the lighted edge of any lower beam headlamp, or any lamp such as an auxiliary lower beam headlamp or fog lamp used to supplement the lower beam headlamp. S7.1.1.10.3 Spacing measurement for lamps with reflectors. For any front turn signal lamp which employs a reflector, such as a parabolic reflector, to meet photometric requirements, the spacing must be measured from the geometric centroid of the turn signal lamp effective projected luminous lens area to the lighted edge of any lower beam headlamp, or any lamp such as an auxiliary lower beam headlamp or fog lamp used to supplement the lower beam headlamp. S7.1.1.10.4 Spacing based photometric multipliers. [[Page 387]] (a) where the spacing measurement of S7.1.1.10.2 or S7.1.1.10.3 between a turn signal lamp and the lighted edge of any lower beam headlamp is less than 100 mm the photometric multiplier must be 2.5. (b) where the spacing measurement of S7.1.1.10.2 or S7.1.1.10.3 between a turn signal lamp and the lighted edge of any lamp such as an auxiliary lower beam headlamp or fog lamp used to supplement the lower beam headlamp is at least 75 mm but less than 100 mm the photometric multiplier of Table VI must be 1.5. (c) where the spacing measurement of S7.1.1.10.2 or S7.1.1.10.3 between a turn signal lamp and the lighted edge of any lamp such as an auxiliary lower beam headlamp or fog lamp used to supplement the lower beam headlamp is at least 60 mm but less than 75 mm the photometric multiplier must be 2.0. (d) where the spacing measurement of S7.1.1.10.2 or S7.1.1.10.3 between a turn signal lamp and the lighted edge of any lamp such as an auxiliary lower beam headlamp or fog lamp used to supplement the lower beam headlamp is less than 60 mm the photometric multiplier must be 2.5. S7.1.1.11 Multiple compartment lamps and multiple lamps. S7.1.1.11.1 A multiple compartment lamp or multiple lamps may be used to meet the photometric requirements of a front turn signal lamp provided the requirements of S6.1.3.2 are met. S7.1.1.11.2 If a multiple compartment lamp or multiple lamps are used on a passenger car or on a multipurpose passenger vehicle, truck, bus, or trailer of less than 2032 mm in overall width, and the distance between adjacent light sources does not exceed 560 mm for two compartment or lamp arrangements and does not exceed 410 mm for three compartments or lamp arrangements, then the combination of the compartments or lamps must be used to meet the photometric requirements for the corresponding number of lighted sections specified in Tables VI- a or VI-b. S7.1.1.11.3 If the distance between adjacent light sources exceeds the previously stated dimensions, each compartment or lamp must comply with the photometric requirements for one lighted section specified in Tables VI-a or VI-b S7.1.1.11.4 Lamps installed on vehicles 2032 mm or more in overall width. Multiple compartment front turn signal lamps installed on multipurpose passenger vehicles, trucks, and buses 2032 mm or more in overall width require measurement of the photometrics for the entire lamp and not for individual compartments. S7.1.1.12 Ratio to parking lamps and clearance lamps. S7.1.1.12.1 When a parking lamp, or a clearance lamp on a multipurpose passenger vehicle, truck, trailer, or bus of 2032 mm or more in overall width, is combined with a front turn signal lamp, the luminous intensity of the front turn signal lamp at each identified test point must not be less than the luminous intensity of the parking lamp or clearance lamp at that same test point times the multiplier shown for that test point in Tables VI-a or VI-b. S7.1.1.12.2 If a multiple compartment or multiple lamp arrangement is used on a passenger car or on a multipurpose passenger vehicle, truck, bus, or trailer of less than 2032 mm in overall width, and the distance between the optical axes for both the parking lamp and turn signal lamp is within 560 mm for two compartment or lamp arrangements or 410 mm for three compartment or lamp arrangements, then the ratio must be computed with all compartments or lamps lighted. S7.1.1.12.3 If a multiple compartment or multiple lamp arrangement is used and the distance between optical axes for one of the functions exceeds 560 mm for two compartment or lamp arrangements or 410 mm for three compartments or lamp arrangements, then the ratio must be computed for only those compartments or lamps where the parking lamp and turn signal lamp are optically combined. S7.1.1.12.4 Where the clearance lamp is combined with the turn signal lamp, and the maximum luminous intensity of the clearance lamp is located below horizontal and within an area generated by a 1.0 degree radius around a test point, the ratio for the test point may be computed using the lowest [[Page 388]] value of the clearance lamp luminous intensity within the generated area. S7.1.1.13 Photometry. S7.1.1.13.1 When tested according to the procedure of S14.2.1, each front turn signal lamp must be designed to conform to the base photometry requirements plus any applicable multipliers as shown in Tables VI-a and VI-b for the number of lamp compartments or individual lamps and the type of vehicle it is installed on. S7.1.1.13.2 As an alternative to S7.1.1.13.1, a front turn signal lamp installed on a motorcycle may be designed to conform to the photometry requirements of Table XIII-a when tested according to the procedure of S14.2.1. S7.1.1.14 Physical tests. Each front turn signal lamp must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S7.1.2 Rear turn signal lamps. S7.1.2.1 Number. See Tables I-a, I-b, and I-c. S7.1.2.2 Color of light. See Tables I-a, I-b, and I-c. S7.1.2.3 Mounting location. See Tables I-a, I-b, and I-c and S6.1.3.2. S7.1.2.4 Mounting height. See Tables I-a, I-b, and I-c. S7.1.2.5 Activation. See Tables I-a, I-b, and I-c. S7.1.2.6 Effective projected luminous lens area. See Table IV-a. S7.1.2.7 Visibility. See S6.4. S7.1.2.8 Indicator. See S9.3. S7.1.2.9 Markings. See S6.5.1.2. S7.1.2.10 Spacing to other lamps. No requirement. S7.1.2.11 Multiple compartments and multiple lamps. S7.1.2.11.1 A multiple compartment lamp or multiple lamps may be used to meet the photometric requirements of a rear turn signal lamp provided the requirements of S6.1.3.2 are met S7.1.2.11.2 If a multiple compartment lamp or multiple lamps are used on a passenger car or on a multipurpose passenger vehicle, truck, bus, or trailer of less than 2032 mm in overall width, and the distance between adjacent light sources does not exceed 560 mm for two compartment or lamp arrangements and does not exceed 410 mm for three compartment or lamp arrangements, then the combination of the compartments or lamps must be used to meet the photometric requirements for the corresponding number of lighted sections specified in Table VII. S7.1.2.11.3 If the distance between adjacent light sources exceeds the previously stated dimensions, each compartment or lamp must comply with the photometric requirements for one lighted section specified in Table VII. S7.1.2.11.4 Lamps installed on vehicles 2032 mm or more in overall width. Multiple compartment rear turn signal lamps installed on multipurpose passenger vehicles, trucks, and buses 2032 mm or more in overall width require measurement of the photometrics for the entire lamp and not for individual compartments. S7.1.2.12 Ratio to taillamps and clearance lamps. S7.1.2.12.1 When a taillamp, or a clearance lamp on a multipurpose passenger vehicle, truck, trailer, or bus of 2032 mm or more in overall width, is combined with a rear turn signal lamp, the luminous intensity of the rear turn signal lamp at each identified test point must not be less than the luminous intensity of the taillamp or clearance lamp at that same test point times the multiplier shown for that test point in Table VII. S7.1.2.12.2 If a multiple compartment or multiple lamp arrangement is used on a passenger car or on a multipurpose passenger vehicle, truck, bus, or trailer of less than 2032 mm in overall width, and the distance between the optical axes for both the taillamp and turn signal lamp is within 560 mm for two compartment or lamp arrangement or 410 mm for three compartments or lamp arrangements, then the ratio must be computed with all compartments or lamps lighted. S7.1.2.12.3 If a multiple compartment or multiple lamp arrangement is used and the distance between optical axes for one of the functions exceeds 560 mm for two compartment or lamp arrangements or 410 mm for three compartment or lamp arrangements, then the ratio must be computed for only those compartments or lamps where [[Page 389]] the taillamp and turn signal lamp are optically combined. S7.1.2.12.4 Where the taillamp or clearance lamp is combined with the turn signal lamp, and the maximum luminous intensity of the taillamp or clearance lamp is located below horizontal and within an area generated by a 0.5 [deg] radius around a test point for a taillamp on a passenger car or on a multipurpose passenger vehicle, truck, bus, or trailer of less than 2032 mm in overall width, or by a 1.0 [deg] radius around a test point for a taillamp or clearance lamp on a vehicle 2032 mm or more in overall width, the ratio for the test point may be computed using the lowest value of the taillamp or clearance lamp luminous intensity within the generated area. S7.1.2.13 Photometry. S7.1.2.13.1 Each rear turn signal lamp must be designed to conform to the photometry requirements of Table VII, when tested according to the procedure of S14.2.1, for the number of lamp compartments or individual lamps, the type of vehicle it is installed on, and the lamp color as specified by this section. S7.1.2.13.2 As an alternative to S7.1.2.13.1, a rear turn signal lamp installed on a motorcycle may be designed to conform to the photometry requirements of Table XIII-a when tested according to the procedure of S14.2.1. S7.1.2.14 Physical tests. Each rear turn signal lamp must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S7.1.3 Combined lamp bulb indexing. S7.1.3.1 Each turn signal lamp optically combined with a taillamp or a parking lamp, or clearance lamp where installed on a vehicle 2032 mm or more in overall width, where a two-filament bulb is used must have a bulb with an indexing base and a socket designed so that bulbs with non- indexing bases cannot be used. S7.1.3.2 Removable sockets must have an indexing feature so that they cannot be re-inserted into lamp housings in random positions, unless the lamp will perform its intended function with random light source orientation. S7.2 Taillamps. S7.2.1 Number. See Tables I-a, I-b, and I-c. S7.2.2 Color of light. See Tables I-a, I-b, and I-c. S7.2.3 Mounting location. See Tables I-a, I-b, and I-c and S6.1.3.2. S7.2.4 Mounting height. See Tables I-a, I-b, and I-c. S7.2.5 Activation. See Tables I-a, I-b, and I-c. S7.2.6 Effective projected luminous lens area. No requirement. S7.2.7 Visibility. See S6.4. S7.2.8 Indicator. No requirement. S7.2.9 Markings. See S6.5.1.2. S7.2.10 Spacing to other lamps. No requirement. S7.2.11 Multiple compartments and multiple lamps. S7.2.11.1 A multiple compartment lamp or multiple lamps may be used to meet the photometric requirements of a taillamp provided the requirements of S6.1.3.2 are met. S7.2.11.2 If a multiple compartment lamp or multiple lamps are used and the distance between the optical axes does not exceed 560 mm for two compartment or lamp arrangements and does not exceed 410 mm for three compartment or lamp arrangements, then the combination of the compartments or lamps must be used to meet the photometric requirements for the corresponding number of lighted sections specified in Table VIII. S7.2.11.3 If the distance between optical axes exceeds the previously stated dimensions, each compartment or lamp must comply with the photometric requirements for one lighted section specified in Table VIII. S7.2.11.4 Taillamps installed on vehicles 2032 mm or more in overall width. A maximum of two taillamps and/or two compartments per side may be mounted closer together than 560 mm providing that each compartment and/or lamp meets the single lighted section photometric requirements specified in Table VIII. Each lamp and/or compartment utilized in this manner must meet the single lighted section requirements for all functions for which it is designed. [[Page 390]] S7.2.12 Ratio. See S7.1.2.12 for rear turn signal lamps and S7.3.12 for stop lamps. S7.2.13 Photometry. Each taillamp must be designed to conform to the photometry requirements of Table VIII, when tested according to the procedure of S14.2.1, for the number of lamp compartments or individual lamps and the type of vehicle it is installed on. S7.2.14 Physical tests. Each taillamp must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S7.3 Stop lamps. S7.3.1 Number. See Tables I-a, I-b, and I-c. S7.3.2 Color of light. See Tables I-a, I-b, and I-c. S7.3.3 Mounting location. See Tables I-a, I-b, and I-c and S6.1.3.2. S7.3.4 Mounting height. See Tables I-a, I-b, and I-c. S7.3.5 Activation. See Tables I-a, I-b, and I-c. S7.3.6 Effective projected luminous lens area. See Table IV-a. S7.3.7 Visibility. See S6.4. S7.3.8 Indicator. No requirement. S7.3.9 Markings. See S6.5.1.2. S7.3.10 Spacing to other lamps. No requirement. S7.3.11 Multiple compartments and multiple lamps. S7.3.11.1 A multiple compartment lamp or multiple lamps may be used to meet the photometric requirements of a stop lamp provided the requirements of S6.1.3.2 are met. S7.3.11.2 If a multiple compartment lamp or multiple lamps are used on a passenger car or on a multipurpose passenger vehicle, truck, bus, or trailer of less than 2032 mm in overall width, and the distance between adjacent light sources does not exceed 560 mm for two compartment or lamp arrangements and does not exceed 410 mm for three compartment or lamp arrangements, then the combination of the compartments or lamps must be used to meet the photometric requirements for the corresponding number of lighted sections specified in Table IX. S7.3.11.3 If the distance between adjacent light sources exceeds the previously stated dimensions, each compartment or lamp must comply with the photometric requirements for one lighted section specified in Table IX. S7.3.11.4 Lamps installed on vehicles 2032 mm or more in overall width. Multiple compartment stop lamps installed on multipurpose passenger vehicles, trucks, and buses 2032 mm or more in overall width require measurement of the photometrics for the entire lamp and not for individual compartments. S7.3.12 Ratio to taillamps. S7.3.12.1 When a taillamp is combined with a stop lamp, the luminous intensity of the stop lamp at each identified test point must not be less than the luminous intensity of the taillamp at that same test point times the multiplier shown for that test point in Table IX. S7.3.12.2 If a multiple compartment or multiple lamp arrangement is used on a passenger car or on a multipurpose passenger vehicle, truck, bus, or trailer of less than 2032 mm in overall width, and the distance between the optical axes for both the taillamp and stop lamp is within 560 mm for two compartment or lamp arrangements or 410 mm for three compartment or lamp arrangements, then the ratio must be computed with all compartments or lamps lighted. S7.3.12.3 If a multiple compartment or multiple lamp arrangement is used and the distance between optical axes for one of the functions exceeds 560 mm for two compartment or lamp arrangements or 410 mm for three compartments or lamp arrangements, then the ratio must be computed for only those compartments or lamps where the taillamp and stop lamp are optically combined. S7.3.12.4 Where the taillamp is combined with the stop lamp, and the maximum luminous intensity of the taillamp is located below horizontal and within an area generated by a 0.5 [deg] radius around a test point for a taillamp on a passenger car or on a multipurpose passenger vehicle, truck, bus, or trailer of less than 2032 mm in overall width, or by a 1.0 [deg] radius around a test point for a taillamp on a vehicle 2032 mm or more in overall [[Page 391]] width, the ratio for the test point may be computed using the lowest value of the taillamp luminous intensity within the generated area. S7.3.13 Photometry. S7.3.13.1 Each stop lamp must be designed to conform to the photometry requirements of Table IX, when tested according to the procedure of S14.2.1, for the number of lamp compartments or individual lamps and the type of vehicle it is installed on. S7.3.13.2 A stop lamp installed on a motor driven cycle may be designed to conform to the photometry requirements of Table XIII-b when tested according to the procedure of S14.2.1. S7.3.14 Physical tests. Each stop lamp must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S7.3.15 Combined lamp bulb indexing. S7.3.15.1 Each stop lamp optically combined with a taillamp where a two-filament bulb is used must have a bulb with an indexing base and a socket designed so that bulbs with non-indexing bases cannot be used. S7.3.15.2 Removable sockets must have an indexing feature so that they cannot be re-inserted into lamp housings in random positions, unless the lamp will perform its intended function with random light source orientation. S7.4 Side marker lamps. S7.4.1 Number. See Tables I-a, I-b, and I-c. S7.4.2 Color of light. See Tables I-a, I-b, and I-c. S7.4.3 Mounting location. See Tables I-a, I-b, and I-c. S7.4.4 Mounting height. See Tables I-a, I-b, and I-c. S7.4.5 Activation. See Tables I-a, I-b, and I-c. S7.4.6 Effective projected luminous lens area. No requirement. S7.4.7 Visibility. No requirement. S7.4.8 Indicator. No requirement. S7.4.9 Markings. See S6.5.1.2. S7.4.10 Spacing to other lamps. No requirement. S7.4.11 Multiple compartments and multiple lamps. No requirement. S7.4.12 Ratio. No requirement. S7.4.13 Photometry. S7.4.13.1 Each side marker lamp must be designed to conform to the photometry requirements of Table X, when tested according to the procedure of S14.2.1, for the lamp color as specified by this section. S7.4.13.2 Inboard photometry. For each motor vehicle less than 30 feet in overall length, the minimum photometric intensity requirements for a side marker lamp may be met for all inboard test points at a distance of 15 feet from the vehicle and on a vertical plane that is perpendicular to the longitudinal axis of the vehicle and located midway between the front and rear side marker lamps. S7.4.14 Physical tests. Each side marker lamp must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S7.5 Clearance and identification lamps. S7.5.1 Number. See Tables I-a and I-b. S7.5.2 Color of light. See Tables I-a and I-b. S7.5.3 Mounting location. See Tables I-a and I-b. S7.5.4 Mounting height. See Tables I-a and I-b. S7.5.5 Activation. See Tables I-a and I-b. S7.5.6 Effective projected luminous lens area. No requirement. S7.5.7 Visibility. No requirement. S7.5.8 Indicator. No requirement. S7.5.9 Markings. See S6.5.1.2. S7.5.10 Spacing to other lamps. No requirement. S7.5.11 Multiple compartments and multiple lamps. No requirement. S7.5.12 Ratio. S7.5.12.1 Clearance lamps. See S7.1.1.12 for front turn signal lamps and S7.1.2.12 for rear turn signal lamps. S7.5.12.2 Identification lamps. No requirement. S7.5.13 Photometry. Each clearance or identification lamp must be designed to conform to the photometry requirements of Table XI, for the applicable lamp color, when tested according to the procedure of S14.2.1. [[Page 392]] S7.5.14 Physical tests. Each clearance and identification must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S7.6 Backup lamps. S7.6.1 Number. See Table I-a and S6.1.1. S7.6.2 Color of light. S7.6.2.1 See Table I-a. S7.6.2.2 A backup lamp may project incidental red, yellow, or white light through reflectors or lenses that are adjacent, close to, or a part of the lamp assembly. S7.6.3 Mounting location. See Table I-a. S7.6.4 Mounting height. No requirement. S7.6.5 Activation. See Table I-a. S7.6.6 Effective projected luminous lens area. No requirement. S7.6.7 Visibility. See Table V-a. S7.6.8 Indicator. No requirement. S7.6.9 Markings. See. S6.5.1.2. S7.6.10 Spacing to other lamps. No requirement. S7.6.11 Multiple compartments and multiple lamps. No requirement. S7.6.12 Ratio. No requirement. S7.6.13 Photometry. Each backup lamp must be designed to conform to the photometry requirements of Table XII, when tested according to the procedure of S14.2.1, as specified by this section. S7.6.14 Physical tests. Each backup lamp must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S7.7 License plate lamps. S7.7.1 Number. See Tables I-a, I-b, and I-c and S6.1.1. S7.7.2 Color of light. See Tables I-a, I-b, and I-c. S7.7.3 Mounting location. See Tables I-a, I-b, and I-c. S7.7.4 Mounting height. No requirement. S7.7.5 Activation. See Tables I-a, I-b, and I-c. S7.7.6 Effective projected luminous lens area. No requirement. S7.7.7 Visibility. No requirement. S7.7.8 Indicator. No requirement. S7.7.9 Markings. See. S6.5.1.2. S7.7.10 Spacing to other lamps. No requirement. S7.7.11 Multiple compartments and multiple lamps. No requirement. S7.7.12 Ratio. No requirement. S7.7.13 Photometry. S7.7.13.1 Each license plate lamp must be designed to conform to the photometry requirements of this section when tested according to the procedure of S14.2.2. S7.7.13.2 An illumination value of no less than 8 lx [0.75 fc] must be met at each test station target location shown in Figure 19. S7.7.13.3 The ratio of the average of the two highest illumination values divided by the average of the two lowest illumination values must not exceed 20:1 for vehicles other than motorcycles and motor driven cycles. S7.7.13.4 The ratio of the highest illumination value divided by the average of the two lowest illumination values must not exceed 15:1 for motorcycles and motor driven cycles. S7.7.14 Physical tests. Each license plate lamp must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S7.7.15 Installation. S7.7.15.1 Each license plate lamp installed on a vehicle other than a motorcycle or motor driven cycle must be of such size and design as to provide illumination on all parts of a 150 mm by 300 mm test plate. S7.7.15.2 Each license plate lamp installed on a motorcycle or motor driven cycle must be of such size and design as to provide illumination on all parts of a 100 mm by 175 mm test plate. S7.7.15.3 The light rays must reach all portions of an imaginary plate of the same size at least 25 mm ahead of the actual plate measured perpendicular to the plane of the plate. S7.7.15.4 Incident light from single lamp. When a single lamp as shown in Figure 20 is used to illuminate the license plate, the lamp and license plate holder must bear such relation to each other that at no point on the plate must the incident light make an angle [[Page 393]] of less than 8[deg] to the plane of the plate, this angle being measured from the edge of the light emitting surface of the lamp farthest from the surface of the plate. S7.7.15.5 Incident light from multiple lamps. When two or more lamps as shown in Figure 20 are used to illuminate the license plate, the minimum 8[deg] incident light angle must apply only to that portion of the plate which the particular lamp is designed to illuminate. The angle must be measured in the same manner as S7.7.15.4. S7.8 Parking lamps. S7.8.1 Number. See Table I-a. S7.8.2 Color of light. See Table I-a. S7.8.3 Mounting location. See Table I-a. S7.8.4 Mounting height. See Table I-a. S7.8.5 Activation. See Table I-a. S7.8.6 Effective projected luminous lens area. No requirement. S7.8.7 Visibility. See S6.4. S7.8.8 Indicator. No requirement. S7.8.9 Markings. See. S6.5.1.2. S7.8.10 Spacing to other lamps. No requirement. S7.8.11 Multiple compartments and multiple lamps. No requirement. S7.8.12 Ratio. See S7.1.1.12 for front turn signal lamps. S7.8.13 Photometry. Each parking lamp must be designed to conform to the photometry requirements of Table XIV, when tested according to the procedure of S14.2.1, as specified by this section. S7.8.14 Physical tests. Each parking lamp must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S7.9 High-mounted stop lamps. S7.9.1 Number. See Table I-a and S6.1.1.2. S7.9.2 Color of light. See Table I-a. S7.9.3 Mounting location. See Table I-a. S7.9.4 Mounting height. See Table I-a and S6.1.4.1. S7.9.5 Activation. See Table I-a. S7.9.6 Effective projected luminous lens area. See Table IV-b. S7.9.7 Visibility. See Table V-a. S7.9.8 Indicator. No requirement. S7.9.9 Markings. See. S6.5.1.2. S7.9.10 Spacing to other lamps. No requirement. S7.9.11 Multiple compartments and multiple lamps. No requirement. S7.9.12 Ratio. No requirement. S7.9.13 Photometry. Each high-mounted stop lamp must be designed to conform to the photometry requirements of Table XV, when tested according to the procedure of S14.2.1, as specified by this section. S7.9.14 Physical tests. S7.9.14.1 Each high-mounted stop lamp must be designed to conform to the performance requirements of the vibration test of S14.5, and the color test and plastic optical material test of S14.4. S7.9.14.2 Each high-mounted stop lamp that is not mounted inside the vehicle must be designed to conform to the performance requirements of the moisture test, dust test, and corrosion test of S14.5. S7.10 Daytime running lamps (DRLs). S7.10.1 Number. See Table I-a. S7.10.2 Color of light. See Table I-a. S7.10.3 Mounting location. See Table I-a. S7.10.4 Mounting height. See Table I-a. and S7.10.13(b). S7.10.5 Activation. See Table I-a. and S7.10.10.1(c). S7.10.6 Effective projected luminous lens area. No requirement. S7.10.7 Visibility. No requirement. S7.10.8 Indicator. No requirement. S7.10.9 Markings. See S6.5. S7.10.10 Spacing to other lamps. S7.10.10.1 Spacing to turn signal lamps. Each DRL not optically combined with a turn signal lamp must be located on the vehicle so that the distance from its lighted edge to the optical center of the nearest turn signal lamp is not less than 100 mm unless, (a) The luminous intensity of the DRL is not more than 2,600 cd at any location in the beam and the turn signal lamp meets 2.5 times the base front turn signal photometric requirements, or (b) The DRL is optically combined with a lower beam headlamp and the turn signal lamp meets 2.5 times the base front turn signal photometric requirements, or [[Page 394]] (c) The DRL is deactivated when the turn signal or hazard warning signal lamp is activated. S7.10.11 Multiple compartments and multiple lamps. No requirement. S7.10.12 Ratio. No requirement. S7.10.13 Photometry. Each DRL must have a luminous intensity not less than 500 cd at test point H-V, nor more than 3,000 cd at any location in the beam when tested according to the procedure of S14.2.4 as specified by this section, unless it is: (a) A lower beam headlamp intended to operate as a DRL at full voltage, or a voltage lower than used to operate it as a lower beam headlamp, or (b) An upper beam headlamp intended to operate as a DRL, whose luminous intensity at test point H-V is not more than 7,000 cd, and whose mounting height is not higher than 864 mm. S7.10.14 Physical tests. Each DRL that is not combined with another required lamp must be designed to conform to the performance requirements of the color test and plastic optical material test of S14.4. S7.11 School bus signal lamps. S7.11.1 Number. See Table I-a. S7.11.2 Color of light. See Table I-a. S7.11.3 Mounting location. See Table I-a. S7.11.4 Mounting height. See Table I-a. S7.11.5 Activation. See Table I-a. S7.11.6 Effective projected luminous lens area. See Table IV-c. S7.11.7 Visibility. See Table V-a. S7.11.8 Indicator. No requirement. S7.11.9 Markings. See. S6.5.1.2. S7.11.10 Spacing to other lamps. No requirement. S7.11.11 Multiple compartments and multiple lamps. No requirement. S7.11.12 Ratio. No requirement. S7.11.13 Photometry. Each school bus signal lamp must be designed to conform to the photometry requirements of Table XVII, when tested according to the procedure of S14.2.1, for the lamp color as specified by this section. S7.11.14 Physical tests. Each school bus signal lamp must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S8 Reflective device requirements. S8.1 Reflex reflectors. S8.1.1 Number. See Tables I-a, I-b, and I-c. S8.1.2 Color. See Tables I-a, I-b, and I-c. S8.1.3 Mounting location. See Tables I-a, I-b, and I-c. S8.1.4 Mounting height. See Tables I-a, I-b, and I-c. S8.1.5 Activation. No requirement. S8.1.6 Effective projected luminous lens area. No requirement. S8.1.7 Visibility. No requirement. S8.1.8 Indicator. No requirement. S8.1.9 Markings. See. S6.5.1.2. S8.1.10 Spacing to other lamps or reflective devices. No requirement. S8.1.11 Photometry. Each reflex reflector must be designed to conform to the photometry requirements of Table XVI-a when tested according to the procedure of S14.2.3 for the reflex reflector color as specified by this section. S8.1.12 Physical tests. Each reflex reflector must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, and the color test and plastic optical material test of S14.4. S8.1.1P3 Alternative side reflex reflector material. Reflective material conforming to GSA Federal Specification L-S-300 (incorporated by reference, see Sec. 571.5), may be used for side reflex reflectors if this material as used on the vehicle, meets the performance requirements of Table XVI-a. S8.2 Conspicuity systems. The requirement for conspicuity systems may be met with retroreflective sheeting, conspicuity reflex reflectors, or a combination of retroreflective sheeting and conspicuity reflex reflectors. S8.2.1 Retroreflective sheeting. S8.2.1.1 Retroreflective sheeting must consist of a smooth, flat, transparent exterior film with retroreflective elements embedded or suspended beneath the film so as to form a non-exposed retroreflective optical system. S8.2.1.2 Retroreflective sheeting material. Retroreflective sheeting must meet the requirements, except photometry, of ASTM D 4956-90 (incorporated by reference, see Sec. 571.5) for Type V [[Page 395]] Sheeting. Sheeting of Grade DOT-C2 of no less than 50 mm wide, Grade DOT-C3 of no less than 75 mm wide, or Grade DOT-C4 of no less than 100 mm wide may be used. S8.2.1.3 Certification marking. The letters DOT-C2, DOT-C3, or DOT- C4, as appropriate, constituting a certification that the retroreflective sheeting conforms to the requirements of this standard, must appear at least once on the exposed surface of each white or red segment of retroreflective sheeting, and at least once every 300 mm on retroreflective sheeting that is white only. The characters must be not less than 3 mm high, and must be permanently stamped, etched, molded, or printed in indelible ink. S8.2.1.4 Application pattern. S8.2.1.4.1 Alternating red and white materials. S8.2.1.4.1.1 As shown in Figures 12-1 and 12-2, where alternating material is installed, except for a segment that is trimmed to clear obstructions, or lengthened to provide red sheeting near red lamps, alternating material must be installed with each white and red segment having a length of 300 150 mm. S8.2.1.4.1.2 Neither white nor red sheeting must represent more than two thirds the aggregate of any continuous strip marking the width of a trailer, or any continuous or broken strip marking its length. S8.2.1.5 Application location. Conspicuity systems need not be installed, as illustrated in Figure 12-2, on discontinuous surfaces such as outside ribs, stake post pickets on platform trailers, and external protruding beams, or to items of equipment such as door hinges and lamp bodies on trailers and body joints, stiffening beads, drip rails, and rolled surfaces on truck tractors. S8.2.1.6 Application spacing. As illustrated in Figure 12-2, the edge of any white sheeting must not be located closer than 75 mm to the edge of the luminous lens area of any red or amber lamp that is required by this standard. The edge of any red sheeting must not be located closer than 75 mm to the edge of the luminous lens area of any amber lamp that is required by this standard. S8.2.1.7 Photometry. Each retroreflective sheeting must be designed to conform to the photometry requirements of Table XVI-c when tested according to the procedure of S14.2.3 for the color and grade as specified by this section. S8.2.2 Conspicuity reflex reflectors. S8.2.2.1 Certification marking. The exposed surface of each conspicuity reflex reflector must be marked with the letters DOT-C which constitutes a certification that the reflector conforms to the conspicuity reflex reflector requirements of this standard. The certification must be not less than 3 mm high, and must be permanently stamped, etched, molded, or printed in indelible ink. S8.2.2.2 Application pattern. S8.2.2.2.1 Alternating red and white materials. Conspicuity reflex reflectors must be installed in a repetitive pattern of two or three white reflectors alternating with two or three red reflectors, with the center of each reflector not more than 100 mm from the center of each adjacent reflector. S8.2.2.2.2 White material. White conspicuity reflex reflectors must be installed with the center of each reflector not more than 100 mm from the center of each adjacent reflector. S8.2.2.3 Photometry. S8.2.2.3.1 Each red conspicuity reflex reflector must be designed to conform to the photometry requirements of Table XVI-a for a red reflex reflector and Table XVI-b for a red conspicuity reflex reflector when tested according to the procedure of S14.2.3 as specified by this section. S8.2.2.3.2 Each white conspicuity reflex reflector installed in only a horizontal orientation must be designed to conform to the photometry requirements of Table XVI-a for a white reflex reflector and Table XVI-b for a white horizontal conspicuity reflex reflector when tested according to the procedure of S14.2.3 as specified by this section. S8.2.2.3.3 Each white conspicuity reflex reflector installed in a vertical orientation must be designed to conform to the photometry requirements of Table XVI-a for a white reflex reflector, and Table XVI- b for a white horizontal conspicuity reflex reflector and [[Page 396]] a white vertical conspicuity reflex reflector when tested according to the procedure of S14.2.3 as specified by this section. S8.2.3 Conspicuity system installation on trailers. S8.2.3.1 Trailer rear. S8.2.3.1.1 Element 1--alternating red and white materials. As shown in Figure 11, a strip of sheeting or conspicuity reflex reflectors, as horizontal as practicable, must be applied across the full width of the trailer, as close to the extreme edges as practicable, and as close as practicable to not less than 375 mm and not more than 1525 mm above the road surface at the strip centerline with the trailer at curb weight. S8.2.3.1.2 Element 2--white. (not required for container chassis or for platform trailers without bulkheads). S8.2.3.1.2.1 As shown in Figure 11, two pairs of strips of sheeting or conspicuity reflex reflectors, each pair consisting of strips 300 mm long of Grade DOT-C2, DOT-C3, or DOT-C4, must be applied horizontally and vertically to the right and left upper contours of the body, as viewed from the rear, as close to the top of the trailer and as far apart as practicable. S8.2.3.1.2.2 If the perimeter of the body, as viewed from the rear, is other than rectangular, the strips may be applied along the perimeter, as close as practicable to the uppermost and outermost areas of the rear of the body on the left and right sides. S8.2.3.1.3 Element 3--alternating red and white materials. (not required for trailers without underride protection devices). S8.2.3.1.3.1 As shown in Figure 11, a strip of Grade DOT-C2 sheeting no less than 38 mm wide or reflectors must be applied across the full width of the horizontal member of the rear underride protection device. S8.2.3.2 Trailer side--alternating red and white materials. S8.2.3.2.1 As shown in Figure 11, a strip of sheeting or conspicuity reflex reflectors must be applied to each side, as horizontal as practicable, originating and terminating as close to the front and rear as practicable, as close as practicable to not less than 375 mm and not more than 1525 mm above the road surface at the strip centerline at curb weight, except that at the location chosen the strip must not be obscured in whole or in part by other motor vehicle equipment or trailer cargo. S8.2.3.2.2 The strip need not be continuous as long as not less than half the length of the trailer is covered and the spaces are distributed as evenly as practicable. S8.2.3.2.3 If necessary to clear rivet heads or other similar obstructions, Grade DOT-C2 sheeting may be separated into two 25 mm wide strips of the same length and color, separated by a space of not more than 25 mm and used in place of the retroreflective sheeting that would otherwise be applied. S8.2.4 Conspicuity system installation on truck tractors. S8.2.4.1 Element 1--alternating red and white materials. As shown in Figure 13, two strips of sheeting or conspicuity reflex reflectors, each not less than 600 mm long, located as close as practicable to the edges of the rear fenders, mudflaps, or the mudflap support brackets, must be applied to mark the width of the truck tractor. S8.2.4.1.1 The strips must be mounted as horizontal as practicable, in a vertical plane facing the rear, on the rear fenders, on the mudflap support brackets, on plates attached to the mudflap support brackets, or on the mudflaps. S8.2.4.1.2 Strips on mudflaps must be mounted not lower than 300 mm below the upper horizontal edge of the mudflap. If the vehicle is certified with temporary mudflap support brackets, the strips must be mounted on the mudflaps or on plates transferable to permanent mudflap support brackets. S8.2.4.1.3 For a truck tractor without mudflaps, the strips may be mounted outboard of the frame on brackets behind the rear axle or on brackets ahead of the rear axle and above the top of the rear tires at unladen vehicle height, or they may be mounted directly or indirectly to the back of the cab as close to the outer edges as practicable, above the top of the tires, and not more than 1525 mm above the road surface at unladen vehicle height. S8.2.4.1.4 If the strips are mounted on the back of the cab, no more than 25% of their cumulative area may be [[Page 397]] obscured by vehicle equipment as determined in a rear orthogonal view. S8.2.4.2 Element 2--white. As shown in Figure 13, two pairs of strips of sheeting or conspicuity reflex reflectors, each pair consisting of strips 300 mm long, must be applied horizontally and vertically as practicable to the right and left upper contours of the cab, as close to the top of the cab and as far apart as practicable. S8.2.4.2.1 No more than 25% of their cumulative area may be obscured by vehicle equipment as determined in a rear orthogonal view. S8.2.4.2.2 If one pair must be relocated to avoid obscuration by vehicle equipment, the other pair may be relocated in order to be mounted symmetrically. S8.2.4.2.3 If the rear window is so large as to occupy all the practicable space, the material may be attached to the edge of the window itself. S9 Associated equipment requirements. S9.1 Turn signal operating unit. S9.1.1 The turn signal operating unit installed on passenger cars, multipurpose passenger vehicles, trucks, and buses less than 2032 mm in overall width must be self-canceling by steering wheel rotation and capable of cancellation by a manually operated control. S9.1.2 Physical tests. Each turn signal operating unit must be designed to conform to all applicable performance requirements of S14.9. S9.2 Turn signal flasher. S9.2.1 The means of producing the turn signal pilot indicator signal may be incorporated in the flasher. A means of producing an audible signal may be incorporated in the flasher. S9.2.2 Physical tests. Each turn signal flasher must be designed to conform to all applicable performance requirements of S14.9. S9.3 Turn signal pilot indicator. S9.3.1 Each vehicle equipped with a turn signal operating unit where any turn signal lamp is not visible to the driver must also have an illuminated pilot indicator to provide a clear and unmistakable indication that the turn signal system is activated. S9.3.2 The indicator must consist of one or more lights flashing at the same frequency as the turn signal lamps. S9.3.3 The indicator must function satisfactorily under all test conditions imposed on the turn signal flasher in S14.9. S9.3.4 Indicator size and color. S9.3.4.1 If the indicator is located inside the vehicle it must emit a green colored light and have a minimum area equivalent to a \3/16\ in diameter circle. S9.3.4.2 If the indicator is located outside of the vehicle it must emit a yellow light and have a minimum projected illuminated area of 0.1 sq in. S9.3.5 The minimum required illuminated area of the indicator must be visible to any tangent on the 95th eyellipse as defined in SAE Recommended Practice J941b (1969) (incorporated by reference, see Sec. 571.5), with the steering wheel turned to a straight ahead driving position and in the design location for an adjustable wheel or column. S9.3.6 Turn signal lamp failure. Failure of one or more turn signal lamps such that the minimum photometric performance specified in Tables VI or VII is not being met must be indicated by the turn signal pilot indicator by a ``steady on'', ``steady off'', or by a significant change in the flashing rate, except when a variable-load turn signal flasher is used on a multipurpose passenger vehicle, truck, or bus 2032 mm or more in overall width, on a truck that is capable of accommodating a slide in camper, or on any vehicle equipped to tow trailers. S9.4 Headlamp beam switching device. Each vehicle must have a means of switching between lower and upper beams designed and located so that it may be operated conveniently by a simple movement of the driver's hand or foot. The switch must have no dead point and, except as provided by S6.1.5.2, the lower and upper beams must not be energized simultaneously except momentarily for temporary signaling purposes or during switching between beams. S9.4.1 Semiautomatic headlamp beam switching devices. As an alternative to S9.4, a vehicle may also be equipped with a semiautomatic means of switching beams that complies with 9.4.1.1 though S9.4.1.4 and either 9.4.1.5 (Option 1) or 9.4.1.6 (Option 2). [[Page 398]] S9.4.1.1 Operating instructions. Each semiautomatic headlamp switching device must include operating instructions to permit a driver to operate the device correctly, including: How to turn the automatic control on and off; how to adjust the sensitivity control (for Option 1 and if provided for Option 2); and any other specific instructions applicable to the device. S9.4.1.2 Manual override. The device must include a means convenient to the driver for switching the beam from the one provided. S9.4.1.3 Fail safe operation. A failure of the automatic control portion of the device must not result in the loss of manual operation and control of the upper and lower beams. S9.4.1.4 Automatic dimming indicator. There must be a convenient means of informing the driver when the device is controlling the headlamps automatically. For headlighting systems certified to Option 1, the device shall not affect the function of the upper beam indicator light. S9.4.1.5--Option 1 (Semiautomatic headlamp beam switching devices other than Adaptive Driving Beam systems). S9.4.1.5.1 Lens accessibility. The device lens must be accessible for cleaning while the device is installed on a vehicle. S9.4.1.5.2 Mounting height. The center of the device lens must be mounted no less than 24 inches above the road surface. S9.4.1.5.3 Physical tests. Each semiautomatic headlamp beam switching device must be designed to conform to all applicable performance requirements of S14.9.3.11. S9.4.1.6--Option 2 (Adaptive Driving Beam systems). S9.4.1.6.1 The system must be capable of detecting system malfunctions (including but not limited to sensor obstruction). S9.4.1.6.2 If the system detects a malfunction that prevents the system from operating in automatic mode safely and in conformance with these requirements, the headlighting system must operate in manual mode until the malfunction is corrected and must provide the driver with a visible warning that the malfunction exists. S9.4.1.6.3 When operating in manual mode, the system must provide only switching between lower and upper beams as provided in S9.4. S9.4.1.6.4 When operating in automatic mode, the system must only switch between lower, upper, and adaptive driving beams. The adaptive driving beams must be designed to conform to the requirements of this section. S9.4.1.6.4.1 The adaptive driving beams must consist only of area(s) of reduced intensity, area(s) of unreduced intensity, and transition zone(s). S9.4.1.6.4.2 The adaptive driving beams must be designed to conform to the photometry requirements of Table XXI when tested according to S14.9.3.12, and, for replaceable bulb headlighting systems, when using any replaceable light source designated for use in the system. S9.4.1.6.4.3 In an area of reduced intensity, the adaptive driving beams must be designed to conform to the photometric intensity requirements of Table XIX as specified in Table II for the specific headlamp unit and aiming method, when tested according to the procedure of S14.2.5, and, for replaceable bulb headlighting systems, when using any replaceable light source designated for use in the system. S9.4.1.6.4.4 In an area of unreduced intensity, the adaptive driving beams must be designed to conform to the photometric intensity requirements of Table XVIII as specified in Table II for the specific headlamp unit and aiming method, when tested according to the procedure of S14.2.5, and, for replaceable bulb headlighting systems, when using any replaceable light source designated for use in the system. S9.4.1.6.4.5 A transition zone not to exceed 1.0 degree in either the horizontal or vertical direction is permitted between an area of reduced intensity and an area of unreduced intensity. The Table XVIII and Table XIX photometric intensity requirements do not apply in a transition zone, except that the maximum at H-V in Table XVIII as specified in Table II for the specific headlamp unit and aiming method may not be exceeded at any point in a transition zone. [[Page 399]] S9.4.1.6.4.6 For vehicle speeds below 32 kph (20 mph), the system must provide only lower beams (unless manually overridden according to S9.4.1.2). S9.4.1.6.4.7 The adaptive driving beams must not be energized simultaneously with the lower or upper beams except as provided in Table II. S9.4.1.6.5 The adaptive driving beams may be provided by any combination of headlamps or light sources, provided parking lamps are installed. If parking lamps meeting the requirements of this standard are not required according to Table I and are not installed, the adaptive driving beams may be provided using any combination of headlamps but must include the outermost installed headlamps to show the overall width of the vehicle. S9.5 Upper beam headlamp indicator. Each vehicle must have a means for indicating to the driver when the upper beams of the headlighting system are activated. The upper beam headlamp indicator is not required to be activated when an Adaptive Driving Beam system is operating in automatic mode. S9.5.1 Indicator size and location. The upper beam headlamp indicator must have a minimum area equivalent to that of a \3/16\ in diameter circle, and be plainly visible to drivers of all heights under normal driving conditions when headlamps are required. S9.6 Vehicular hazard warning signal operating unit. S9.6.1 The unit may be an independent device or it may be combined with the turn signal operating unit. If combined with the turn signal operating unit, the actuating motion of the hazard function must differ from the actuating motion of the turn signal function. S9.6.2 Operating unit switch. The unit must operate independently of the ignition or equivalent switch. If the actuation of the hazard function requires the operation of more than one switch, a means must be provided for actuating all switches simultaneously by a single driver action. S9.6.3 Physical tests. Each vehicular hazard warning signal operating unit must be designed to conform to all applicable performance requirements of S14.9. S9.7 Vehicular hazard warning signal flasher. S9.7.1 The means of producing the hazard warning signal pilot indicator signal may be incorporated in the flasher. A means of producing an audible signal may be incorporated in the flasher. S9.7.2 Physical tests. Each vehicular hazard warning signal flasher must be designed to conform to all applicable performance requirements of S14.9. S9.8 Vehicular hazard warning signal pilot indicator. S9.8.1 In vehicles equipped with right hand and left hand turn signal pilot indicators, both pilot indicators and /or a separate pilot indicator must flash simultaneously while the vehicle hazard warning signal operating unit is turned on. S9.8.2 In vehicles equipped with a single turn signal pilot indicator, a separate vehicular hazard warning signal pilot indicator must flash and the turn signal pilot indicator may flash while the vehicle hazard warning signal operating unit is turned on. S9.8.3 The indicator must function satisfactorily under all test conditions imposed on the vehicular hazard warning signal flasher in S14.9. S9.8.4 Indicator size and color. If the vehicular hazard warning signal pilot indicator is not combined with the turn signal pilot indicator, it must emit a red color and have a minimum area equivalent to a 0.5 in diameter circle. S10 Headlighting system requirements. S10.1 Vehicle headlighting systems. S10.1.1 Each passenger car, multipurpose passenger vehicle, truck and bus must be equipped with a headlighting system conforming to the requirements of Table II and this standard. S10.1.2 Each motorcycle must be equipped with a headlighting system conforming to S10.17 of this standard. S10.2 [Reserved] S10.3 Number. See Tables I-a and I-c. S10.4 Color of light. See Tables I-a and I-c. S10.5 Mounting location. See Tables I-a and I-c and S6.1.3.5. S10.6 Mounting height. See Tables I-a and I-c. [[Page 400]] S10.7 Activation. See Tables I-a and I-c, Table II, and S6.1.5. S10.8 Effective projected luminous lens area. No requirement. S10.9 Visibility. No requirement. S10.10 Indicator. See S9.5. S10.11 Markings. See S6.5. S10.12 Spacing to other lamps. See S6.1.3.5. S10.13 Sealed beam headlighting systems. All sealed beam headlighting systems must be of a type designated in Table II-a. Each sealed beam headlamp must be designed to conform to the specifications furnished with respect to it pursuant to appendix C of part 564 of this chapter and Table II-a of this standard. The dimensions applicable to the design of a specific type are those identified with an ``I'' for interchangeability specified on the applicable drawing(s) filed in Docket No. NHTSA 98-3397. S10.13.1 Installation. A sealed beam headlighting system must consist of the correct number of designated headlamp units as specified for the applicable system in Table II-a. The units must have their beams activated as specified in Table II-a. A system must provide in total not more than two upper beams and two lower beams. S10.13.2 Simultaneous aim. Type F sealed beam headlamps may be mounted on common or parallel seating and aiming planes to permit simultaneous aiming of both headlamps provided that there is no provision for adjustment between the common or parallel aiming and seating planes of the two lamps. When tested with any conforming Type UF and LF headlamps in accordance with S14.2.5, the assembly (consisting of the Type UF and LF headlamps, mounting rings, the aiming/seating rings, and aim adjustment mechanism) must be designed to conform to the applicable photometric requirements. S10.13.3 Photometry. Each sealed beam headlamp must be designed to conform to the photometry requirements of Table XVIII for upper beam and Table XIX for lower beam as specified in Table II-a for the specific headlamp unit and aiming method, when tested according to the procedure of S14.2.5. S10.13.4 Physical tests. S10.13.4.1 Each sealed beam headlamp must be designed to conform to the performance requirements of the corrosion test, vibration test, inward force test (for lamps which are externally aimed only), torque deflection test (for lamps which are externally aimed only), headlamp connector test, headlamp wattage test, and aiming adjustment tests of S14.6. S10.13.4.2 Each sealed beam headlamp except a Type G or Type H must be designed to conform to the performance requirements of the retaining ring test of S14.6. S10.13.4.3 Each sealed beam headlamp must be designed to conform to the performance requirements of the color test of S14.4. Each sealed beam headlamp that does not incorporate a glass lens must be designed to conform to the plastic optical materials test of S14.4. S10.14 Integral beam headlighting systems. All integral beam headlighting systems must be of a type designated in Table II-c. S10.14.1 Installation. An integral beam headlighting system must consist of the correct number of designated headlamp units as specified for the applicable system in Table II-c. The units must have their upper and lower beams activated as specified in Table II-c, and their adaptive driving beams (if so equipped) activated as specified in S9.4.1.6.5. A system must provide in total not more than two upper beams, two lower beams, and, optionally, two adaptive driving beams. S10.14.2 Aimability. S10.14.2.1 A system that incorporates any headlamp or beam contributor that does not have a VHAD as an integral and indivisible part of the headlamp or beam contributor must be designed so that the applicable photometric requirements are met when any correctly aimed and photometrically conforming headlamp or beam contributor is removed from its mounting and aiming mechanism, and is replaced without reaim by any conforming headlamp or beam contributor of the same type. S10.14.2.2 A system that incorporates more than one beam contributor providing a lower beam, and/or [[Page 401]] more than one beam contributor providing an upper beam, shall be designed to conform to the on-vehicle aiming requirements specified in S10.18.8. S10.14.3 Simultaneous aim. An integral beam headlighting system consisting of four individual headlamps or beam contributors may have the headlamp units mounted in an assembly to permit simultaneous aiming of the beam(s) contributors, providing that with any complying contributor the assembly complete with all lamps meets the applicable photometric requirements when tested in accordance with S14.2.5. S10.14.4 Markings. An integral beam headlamp with a single light source providing the lower beam must have its lens permanently marked with ``L''. An integral beam headlamp with a single light source providing the upper beam must have its lens permanently marked with ``U''. S10.14.5 Additional light sources. An integral beam headlamp may incorporate light sources that are used for purposes other than headlighting and are capable of being replaced. S10.14.6 Photometry. Each integral beam headlamp must be designed to conform to the photometry requirements of Table XVIII for upper beam and Table XIX for lower beam as specified in Table II-c for the specific headlamp unit and aiming method, when tested according to the procedure of S14.2.5. S10.14.7 Physical tests. S10.14.7.1 Each integral beam headlamp must be designed to conform to the performance requirements of the corrosion test, temperature cycle test, vibration test, inward force test (for lamps which are externally aimed only), headlamp connector test, and aiming adjustment tests of S14.6. S10.14.7.2 Each integral beam headlamp that is not designed to conform to the performance requirements of the sealing test of S14.6 must be designed to conform to the performance requirements of the connector-corrosion test, dust test, and humidity test of S14.6. S10.14.7.3 Each integral beam headlamp except those with a glass lens must be designed to conform to the performance requirements of the abrasion test of S14.6. S10.14.7.4 Each integral beam headlamp except those with a nonreplaceable glass lens must be designed to conform to the performance requirements of the chemical resistance test of S14.6. S10.14.7.5 Each integral beam headlamp except those with a glass lens and a non-plastic reflector must be designed to conform to the performance requirements of the internal heat test of S14.6. S10.14.7.6 Each integral beam headlamp incorporating a replaceable lens must be designed to conform to the performance requirements of the chemical resistance of reflectors of replaceable lens headlamps test and the corrosion resistance of reflectors of replaceable lens headlamps test of S14.6. S10.14.7.7 Each integral beam headlamp capable of being mechanically aimed by externally applied headlamp aiming devices specified in SAE Recommended Practice J602-1980 (incorporated by reference, see Sec. 571.5), must be designed to conform to the performance requirements of the torque deflection test of S14.6. S10.14.7.8 Each integral beam headlamp must be designed to conform to the performance requirements of the color test of S14.4. Each integral beam headlamp that does not incorporate a glass lens must be designed to conform to the performance requirements of the plastic optical materials test of S14.4. S10.15 Replaceable bulb headlighting systems. All replaceable bulb headlighting systems must be of a type designated in Table II-d. S10.15.1 Installation. A replaceable bulb headlighting system must consist of either two or four headlamps as specified for the applicable system in Table II-d. The headlamps must have their upper and lower beams activated as specified in Table II-d, and their adaptive driving beams (if so equipped) activated as specified in S9.4.1.6.5. A system must provide in total not more than two upper beams, two lower beams, and, optionally, two adaptive driving beams, and must incorporate not more than two replaceable light sources in each headlamp. [[Page 402]] S10.15.2 Aiming restrictions. Each replaceable bulb headlamp designed to conform to the external aiming requirements of S10.18.7 must have no mechanism that allows adjustment of an individual light source, or if there are two light sources, independent adjustments of each reflector. S10.15.3 Replacement lens reflector units. Each lens reflector unit manufactured as replacement equipment must be designed to conform to applicable photometry requirements when any replaceable light source designated for such a unit is inserted in it. S10.15.4 Markings. S10.15.4.1 A replaceable bulb headlamp in a four headlamp system providing lower beam must have its lens permanently marked with ``L''. A replaceable bulb headlamp in a four headlamp system providing upper beam must have its lens permanently marked with ``U''. S10.15.4.1.1 No such markings are required if the light sources in the headlamp are any combination of dual filament light sources other than HB2. S10.15.5 Additional light sources. A replaceable bulb headlamp may incorporate replaceable light sources that are used for purposes other than headlighting. S10.15.6 Photometry. Each replaceable bulb headlamp must be designed to conform to the photometry requirements of Table XVIII for upper beam and Table XIX for lower beam as specified in Table II-d for the specific headlamp unit and aiming method, when tested according to the procedure of S14.2.5 using any replaceable light source designated for use in the system under test. S10.15.7 Physical tests. S10.15.7.1 Each replaceable bulb headlamp must be designed to conform to the performance requirements of the corrosion test, corrosion-connector test, dust test, temperature cycle test, humidity test, vibration test, inward force test (for lamps which are externally aimed only), headlamp connector test, and aiming adjustment tests of S14.6. S10.15.7.2 Each replaceable bulb headlamp except those with a glass lens must be designed to conform to the performance requirements of the abrasion test of S14.6. S10.15.7.3 Each replaceable bulb headlamp except those with a nonreplaceable glass lens must be designed to conform to the performance requirements of the chemical resistance test of S14.6. S10.15.7.4 Each replaceable bulb headlamp except those with a glass lens and a non-plastic reflector must be designed to conform to the performance requirements of the internal heat test of S14.6. S10.15.7.5 Each replaceable bulb headlamp incorporating a replaceable lens must be designed to conform to the performance requirements of the chemical resistance of reflectors of replaceable lens headlamps test and the corrosion resistance of reflectors of replaceable lens headlamps test of S14.6. S10.15.7.6 Each replaceable bulb headlamp capable of being mechanically aimed by externally applied headlamp aiming devices specified in SAE Recommended Practice J602-1980 (incorporated by reference, see Sec. 571.5), must be designed to conform to the performance requirements of the torque deflection test of S14.6. S10.15.7.7 Each replaceable bulb headlamp must be designed to conform to the performance requirements of the color test of S14.4. Each replaceable bulb headlamp that does not incorporate a glass lens must be designed to conform to the performance requirements of the plastic optical materials test of S14.4. S10.16 Combination headlighting systems. All combination headlighting systems must be of a type designated in Table II-b. S10.16.1 Installation. A combination headlighting system must consist of the correct number of designated headlamp units as specified for the applicable system in Table II-b. The units must have their upper and lower beams activated as specified in Table II-b, and their adaptive driving beams (if so equipped) activated as specified in S9.4.1.6.5. A system must provide in total not more than two upper beams, two lower beams, and, optionally, two adaptive driving beams. When installed on a motor vehicle, the headlamps (or parts thereof) that provide the lower [[Page 403]] beam must be of the same type and provide a symmetrical effective projected luminous lens area when illuminated. S10.16.2 Photometry. Each combination headlamp must be designed to conform to the photometry requirements of Table XVIII for upper beam and Table XIX for lower beam as specified in Table II-b for the specific headlamp unit and aiming method, when tested according to the procedure of S14.2.5. S10.16.3 Physical tests. S10.16.3.1 Any component headlamp of a combination headlighting system that is a Type F sealed beam headlamp must be designed to conform to the performance requirements of S10.13.4. S10.16.3.2 Any component headlamp of a combination headlighting system that is an integral beam headlamp must be designed to conform to the performance requirements of S10.14.7. S10.16.3.3 Any component headlamp of a combination headlighting system that is a replaceable bulb headlamp must be designed to conform to the performance requirements of S10.15.7. S10.17 Motorcycle headlighting systems. A motorcycle headlighting system may consist of: (a) One half of any headlighting system of Table II which provides both a full upper beam and full lower beam, and is designed to conform to the requirements for that headlamp type. Where more than one lamp must be used, the lamps shall be mounted vertically, with the lower beam as high as practicable, or (b) A headlighting system designed to conform to the requirements of paragraphs S10.17.1 through S10.17.5. S10.17.1 Installation. The headlighting system installed on a motorcycle must consist of one of the system types specified in this paragraph, and must be located on the front. S10.17.1.1 Single headlamp. S10.17.1.1.1 If the system consists of a single headlamp, it must be mounted on the vertical centerline of the motorcycle. S10.17.1.1.2 If the headlamp contains more than one light source, each light source must be mounted on the vertical centerline with the upper beam no higher than the lower beam, or horizontally disposed about the vertical centerline and mounted at the same height. S10.17.1.1.3 If the light sources are horizontally disposed about the vertical centerline, the distance between the closest edges of the effective projected luminous lens area in front of the light sources must not be greater than 200 mm. S10.17.1.2 Two headlamps with both beams. S10.17.1.2.1 If the system consists of two headlamps, each of which provides both an upper and lower beam, the headlamps must be mounted either at the same height and symmetrically disposed about the vertical centerline or mounted on the vertical centerline. S10.17.1.2.2 If the headlamps are horizontally disposed about the vertical centerline, the distance between the closest edges of their effective projected luminous lens areas must not be greater than 200 mm. S10.17.1.3 Two headlamps, upper beam and lower beam. S10.17.1.3.1 If the system consists of two headlamps, one of which provides an upper beam and one of which provides the lower beam, the headlamps must be located on the vertical centerline with the upper beam no higher than the lower beam, or horizontally disposed about the vertical centerline and mounted at the same height. S10.17.1.3.2 If the headlamps are horizontally disposed about the vertical centerline, the distance between the closest edges of their effective projected luminous lens areas must not be greater than 200 mm. S10.17.2 Motorcycle replaceable bulb headlamp marking. Each replaceable bulb headlamp that is designed to conform to S10.17(b) and that is equipped with a light source other than a replaceable light source meeting the requirements of S11, must have the word ``motorcycle'' permanently marked on the lens in characters not less than 3 mm in height. S10.17.3 Photometry. Each motorcycle headlamp that is not designed to conform to S10.17(a), must be designed to conform to the photometry requirements of Table XX when tested according to the procedure of S14.2.5. S10.17.4 Physical tests. Each motorcycle headlamp that is not designed to [[Page 404]] conform to S10.17(a) must be designed to conform to the performance requirements of the vibration test, moisture test, dust test, and corrosion test of S14.5, the out of focus test of S14.3, the color test of S14.4, and each motorcycle headlamp that does not incorporate a glass lens must be designed to conform to the performance requirements of the plastic optical materials test of S14.4. S10.17.5 Motorcycle headlamp modulation system. A headlamp on a motorcycle may be activated to modulate either the upper beam or the lower beam from its maximum intensity to a lesser intensity, provided that: S10.17.5.1 Modulation. (a) The rate of modulation must be 240 40 cycles per minute. (b) The headlamp must be operated at maximum power for 50 to 70 percent of each cycle. (c) The lowest intensity at any test point must be not less than 17 percent of the maximum intensity measured at the same point. (d) The modulator switch must be wired in the power lead of the beam filament being modulated and not in the ground side of the circuit. (e) Means must be provided so that both the lower beam and upper beam remain operable in the event of a modulator failure. (f) The system must include a sensor mounted with the axis of its sensing element perpendicular to a horizontal plane. Headlamp modulation must cease whenever the level of light emitted by a tungsten filament light operating at 3000[deg] Kelvin is either less than 270 lux of direct light for upward pointing sensors or less than 60 lux of reflected light for downward pointing sensors. The light is measured by a silicon cell type light meter that is located at the sensor and pointing in the same direction as the sensor. A Kodak Gray Card (Kodak R-27) is placed at ground level to simulate the road surface in testing downward pointing sensors. (g) When tested in accordance with the test profile shown in Figure 9, the voltage drop across the modulator when the lamp is on at all test conditions for 12 volt systems and 6 volt systems must not be greater than 0.45 volt. The modulator must meet all the provisions of the standard after completion of the test profile shown in Figure 9. (h) Means must be provided so that both the lower and upper beam function at design voltage when the headlamp control switch is in either the lower or upper beam position when the modulator is off. S10.17.5.2 Replacement modulators. Each modulator not intended as original equipment, or its container, must be labeled with the maximum wattage, and the minimum wattage appropriate for its use. S10.17.5.2.1 Replacement performance. Each modulator, not intended as original equipment, must comply with S10.17.5.1 (a) through (g) when connected to a headlamp of the maximum rated power and a headlamp of the minimum rated power, and must provide means so that the modulated beam functions at design voltage when the modulator is off. S10.17.5.2.2 Replacement instructions. Instructions, with a diagram, must be provided for mounting the light sensor including location on the motorcycle, distance above the road surface, and orientation with respect to the light. S10.18 Headlamp aimability performance requirements (except for motorcycles) S10.18.1 Headlamp mounting and aiming. Except as provided in this paragraph, each headlamp must be installed on a motor vehicle with a mounting and aiming mechanism that permits aim inspection and adjustment of both vertical and horizontal aim, and is accessible for those purposes without removal of any vehicle parts, except for protective covers removable without the use of tools. S10.18.1.1 The axis of the light beams must be adjustable to the left, right, up, or down from the designed setting, the amount of adjustability to be determined by practical operating conditions and the type of equipment. S10.18.1.2 The adjustments must be conveniently made by one person with tools ordinarily available. When the headlamps are secured, the aim will not be disturbed under ordinary conditions of service. S10.18.2 Headlamp aiming systems. When a headlamp system is installed on a motor vehicle, it must be aimable [[Page 405]] with at least one of the following: An externally applied aiming device, as specified in S10.18.7; an on-vehicle headlamp aiming device installed by the vehicle or lamp manufacturer, as specified in S10.18.8; or by visual/optical means, as specified in S10.18.9. S10.18.3 Aim adjustment interaction. When installed on the vehicle, adjustment of one aim axis through its full on-vehicle range must not cause the aim of the other axis to deviate more than 0.76[deg]. If the performance specified is not achievable, the requirements of S10.18.3.1 apply, except that if the aiming mechanism is not a VHAD, the requirements specific to VHADs are not applicable, and the instruction must be specific to the aiming mechanism installed. S10.18.3.1 Should the mechanism not meet the requirements of S10.18.3, a cautionary label must be placed adjacent to the mechanism stating the caution and including either the reason for the caution or the corrective action necessary. Each such label must also refer the reader to the vehicle operator's manual for complete instructions. Each such vehicle must be equipped with an operator's manual containing the complete instructions appropriate for the mechanism installed. S10.18.4 Horizontal adjustment-visually aimed headlamp. A visually/ optically aimable headlamp that has a lower beam must not have a horizontal adjustment mechanism unless such mechanism meets the requirements of this standard for on vehicle aiming as specified in S10.18.8. S10.18.5 Optical axis marking. S10.18.5.1 Optical axis marking-vehicle. Each motor vehicle must be equipped with headlamps or beam contributors which have a mark or markings that are visible from the front of the headlamp when installed on the vehicle to identify the optical axis of the headlamp to assure proper horizontal and vertical alignment of the aiming screen or optical aiming equipment. The manufacturer is free to choose the design of the mark or markings. The mark or markings may be on the interior or exterior of the lens or indicated by a mark or central structure on the interior or exterior of the headlamp. S10.18.5.2 Optical axis marking-lamp. Each headlamp or beam contributor that is not visually/optically aimable in accordance with S10.18.9 of this standard must be equipped with fiducial marks, aiming pads, or similar references of sufficient detail and accuracy, for determination of an appropriate vehicle plane to be used with the photometric procedures of S14.2.5 for correct alignment with the photometer axis when being tested for photometric compliance, and to serve for the aiming reference when the headlamp or beam contributor is installed on a motor vehicle. The fiducial marks, aiming pads, or similar references are protrusions, bubble vials, holes, indentations, ridges, scribed lines, or other readily identifiable marks established and described by the vehicle or headlamp manufacturer. S10.18.5.3 Optical axis marking-visual/optical aim headlamp. There must be a mark or markings identifying the optical axis of the headlamp visible from the front of the headlamp when installed on the vehicle, to assure proper horizontal and vertical alignment of the aiming screen or optical aiming equipment with the headlamp being aimed. The manufacturer is free to choose the design of the mark or markings. The mark or markings may be on the interior or exterior of the lens or indicated by a mark or central structure on the interior or exterior of the headlamp. S10.18.6 Moveable reflectors. Each headlamp aimed by moving the reflector relative to the lens and headlamp housing, or vice versa, must conform with the photometric requirements applicable to it when tested according to the procedure of S14.2.5 with the lens at any position relative to the reflector within the full range of vertical pitch on the vehicle on which the headlamp system is installed and a horizontal range of 2.5[deg]. Additionally it must comply with the aiming adjustment requirements of S14.6. S10.18.7 External aiming. Each headlighting system that is capable of being mechanically aimed by externally applied headlamp aiming devices must be mechanically aimable using [[Page 406]] the equipment specified in SAE Recommended Practice J602-1980 (incorporated by reference, see Sec. 571.5), without the removal of any ornamental trim rings, covers, wipers or other vehicle parts. S10.18.7.1 Headlamp aiming device locating plates. Each headlighting system which is designed to use the Headlamp Aiming Device Locating Plates with adjustable legs for the 100 x 165 mm unit and the 142 x 200 mm unit, and which has adjustable length legs, must meet the following requirements: S10.18.7.1.1 The lens must have three aiming pads which meet the requirements of Figure 4, Dimensional Specifications for Location of Aiming Pads on Replaceable Bulb Headlamp Units. The aiming pads need not be centered at the geometric center of the lens, or on the optical axis. Except as provided in S10.18.7.1.2, a whole number, which represents the distance in tenths of an inch (i.e. 0.3 inch = 3) from the aiming reference plane to the respective aiming pads which are not in contact with that plane, must be inscribed adjacent to each respective aiming pad on the lens. The height of these numbers must be not less than .157 inch (4 mm). If there is interference between the plane and the area of the lens between the aiming pads, the whole number represents the distance to a secondary plane. The secondary plane must be located parallel to the aiming reference plane and as close to the lens as possible without causing interference. S10.18.7.1.2 If the most forward aiming pad is the lower inboard aiming pad, then the dimensions may be placed anywhere on the lens. The dimension for the outboard aiming pad (Dimension F in Figure 4) must be followed by the letter ``H'' and the dimension for the center aiming pad must be followed by the letter ``V.'' The dimensions must be expressed in tenths of an inch. S10.18.7.2 Nonadjustable headlamp aiming device locating plates. Each headlamp may be designed to use the nonadjustable Headlamp Aiming Device Locating Plate for the 100 x 165 mm unit, the 142 x 200 mm unit, the 146 mm diameter unit, or the 178 mm diameter unit of SAE Recommended Practice J602-1980 (incorporated by reference, see Sec. 571.5), or the 92 x 150 mm Type F unit, and incorporate lens-mounted aiming pads as specified for those units pursuant to Appendix C of part 564 of this chapter. If so designed, no additional lens marking is necessary to designate the type of plate or dimensions. S10.18.8 On-vehicle aiming. Each headlighting system that is capable of being aimed by equipment installed on the vehicle must include a Vehicle Headlamp Aiming Device (VHAD) that conforms to the following requirements: S10.18.8.1 Aim. The VHAD must provide for headlamp aim inspection and adjustment in both the vertical and horizontal axes. S10.18.8.1.1 Vertical aim. The VHAD must include the necessary references and scales relative to the horizontal plane to assure correct vertical aim for photometry and aiming purposes. An off vehicle measurement of the angle of the plane of the ground is permitted. In addition, an equal number of graduations from the ``0'' position representing angular changes in the axis in the upward and downward directions must be provided. S10.18.8.1.1.1 Each graduation must represent a change in the vertical position of the mechanical axis not larger than 0.19[deg] (1 in at 25 ft) to provide for variations in aim at least 1.2[deg] above and below the horizontal, and have an accuracy relative to the zero mark of less than 0.1[deg]. S10.18.8.1.1.2 The VHAD must be marked to indicate headlamp aim movement in the upward and downward directions. S10.18.8.1.1.3 Each graduation must indicate a linear movement of the scale indicator of not less than 0.05 in (1.27 mm) if a direct reading analog indicator is used. If a remote reading indicator is provided, it must represent the actual aim movement in a clear, understandable format. S10.18.8.1.1.4 The vertical indicator must perform through a minimum range of 1.2[deg]. S10.18.8.1.1.5 Means must be provided in the VHAD for compensating for deviations in floor slope less than [[Page 407]] 1.2[deg] from the horizontal that would affect the correct positioning of the headlamp for vertical aim. S10.18.8.1.1.6 The graduations must be legible under an illumination level not greater than 30 foot candles, measured at the top of the graduation, by an observer having 20/20 vision (Snellen), and must permit aim adjustment to within 0.19[deg] (1 in at 25 ft). S10.18.8.1.2 Horizontal aim. The VHAD must include references and scales relative to the longitudinal axis of the vehicle necessary to assure correct horizontal aim for photometry and aiming purposes. A ``0'' mark must be used to indicate alignment of the headlamps relative to the longitudinal axis of the vehicle. In addition, an equal number of graduations from the ``0'' position representing equal angular changes in the axis relative to the vehicle axis must be provided. If the horizontal VHAD is part of an adaptive driving beam system, S10.18.8.1.2.1 through S10.18.8.1.2.4 are not required. S10.18.8.1.2.1 Each graduation must represent a change in the horizontal position of the mechanical axis not greater than 0.38[deg] (2 in at 25 ft) to provide for variations in aim at least 0.76[deg] (4 in at 25 ft) to the left and right of the longitudinal axis of the vehicle, and must have an accuracy relative to the zero mark of less than 0.1[deg]. S10.18.8.1.2.2 The VHAD must be marked to indicate headlamp aim movement in the left and right directions. S10.18.8.1.2.3 The graduations must be legible under an illumination level not greater than 30 foot candles, measured at the top of the graduation, by an observer having 20/20 vision (Snellen), and must permit aim adjustment to within 0.38[deg] (2 in at 25 ft). S10.18.8.1.2.4 The horizontal indicator must perform through a minimum range of 0.76[deg] (4 in at 25 ft); however, the indicator itself must be capable of recalibration over a movement of 2.5[deg] relative to the longitudinal axis of the vehicle to accommodate any adjustment necessary for recalibrating the indicator after vehicle repair from accident damage. S10.18.8.2 Aiming instructions. S10.18.8.2.1 Instructions must be provided either on a label permanently affixed to the vehicle adjacent to the VHAD, or in the operator's manual, advising the vehicle owner what to do if the headlighting system requires aiming using the VHAD. S10.18.8.2.2 Should a remote indicator or a remote indicator and adjuster be provided, the instructions must be placed in the operator's manual, and may also be placed on a label adjacent to the VHAD. S10.18.8.3 Permanent calibration. Each headlamp equipped with a VHAD must be manufactured with its calibration permanently fixed by its manufacturer. Calibration in this case means the process of accurately aligning the geometry of the VHAD devices with the beam pattern for the purposes of compliance with the standard. S10.18.8.4 Replacement units. When tested according to the procedure of S14.2.5 with any replacement headlamp unit(s) or light sources intended for use in the system under test, the VHAD and headlighting system must be designed to conform to the photometric performance requirements applicable for the system under test. S10.18.8.5 Physical tests. Each VHAD must be designed to conform with the performance requirements of S14.8. S10.18.9 Visual/optical aiming. Each visually/optically aimable headlamp must be designed to conform to the following requirements: S10.18.9.1 Vertical aim, lower beam. Each lower beam headlamp must have a cutoff in the beam pattern. It may be either on the left side or the right side of the optical axis, but once chosen for a particular headlamp system's design, the side chosen for the cutoff must not be changed for any headlamps intended to be used as replacements for those system's headlamps. S10.18.9.1.1 Vertical position of the cutoff. The headlamp must be aimed vertically so that the cutoff is on the left side, at 0.4[deg] down from the H-H line, or on the right side, at the H-H line. S10.18.9.1.2 Vertical gradient. The gradient of the cutoff measured at either 2.5[deg] L or 2.0[deg] R must be not less than 0.13 based on the procedure of S10.18.9.1.5. S10.18.9.1.3 Horizontal position of the cutoff. The width must be not less than [[Page 408]] 2[deg], with not less than 2[deg] of its actual width centered at either 2.5[deg] L, or 2.0[deg] R. S10.18.9.1.4 Maximum inclination of the cutoff. The vertical location of the highest gradient at the ends of the minimum width must be within 0.2[deg] of the vertical location of the maximum gradient measured at the appropriate vertical line (at either 2.5[deg] L for a left side cutoff, or 2.0[deg] R for a right side cutoff). S10.18.9.1.5 Measuring the cutoff parameter. S10.18.9.1.5.1 The headlamp is mounted on a headlamp test fixture which simulates its actual design location on any vehicle for which the headlamp is intended. The fixture, with the headlamp installed, is attached to the goniometer table in such a way that the fixture alignment axes are coincident with the goniometer axes. The headlamp is energized at the specified test voltage. The cutoff parameter must be measured at a distance of 10 m from a photosensor with a 10 mm diameter. S10.18.9.1.5.2 The headlamp beam pattern is aimed with the cutoff at the H-H axis. There is no adjustment, shimming, or modification of the horizontal axis of the headlamp or test fixture, unless the headlamp is equipped with a VHAD. In this case the VHAD is adjusted to zero. S10.18.9.1.5.3 A vertical scan of the beam pattern is conducted for a headlamp with a left side gradient by aligning the goniometer on a vertical line at 2.5[deg] L and scanning from 1.5[deg] U to 1.5[deg] D. For a headlamp with a right side gradient, a vertical scan of the beam pattern is conducted by aligning the goniometer on a vertical line at 2.0[deg] R and scanning from 1.5[deg] U to 1.5[deg] D. S10.18.9.1.5.4 Determine the maximum gradient within the range of the scan by using the formula: G = log E(a)-logE(a + 0.1), where ``G'' is the gradient, ``E'' is illumination and ``a'' is vertical angular position. The maximum value of the gradient ``G'' determines the vertical angular location of the cutoff. Perform vertical scans at 1.0[deg] L and R of the measurement point of the maximum gradient to determine the inclination. S10.18.9.2 Horizontal aim, lower beam. There is no adjustment of horizontal aim unless the headlamp is equipped with a horizontal VHAD. If the headlamp has a VHAD, it is set to zero. S10.18.9.3 Vertical aim, upper beam. S10.18.9.3.1 If the upper beam is combined in a headlamp with a lower beam, the vertical aim of the upper beam must not be changed from the aim set using the procedures of S10.18.9.1 and S10.18.9.2 used for the lower beam. S10.18.9.3.2 If the upper beam is not combined in a headlamp with a lower beam, the vertical aim of the upper beam is adjusted so that the maximum beam intensity is located on the H-H axis. S10.18.9.4 Horizontal aim, upper beam. S10.18.9.4.1 If the upper beam is combined in a headlamp with a lower beam, the horizontal aim of the upper beam must not be changed from the aim set using the procedures of S10.18.9.1 and S10.18.9.2 used for the lower beam. S10.18.9.4.2 If the upper beam is not combined in a headlamp with the lower beam and has fixed horizontal aim or has a horizontal VHAD, then the headlamp is mounted on a headlamp test fixture which simulates its actual design location on any vehicle for which the headlamp is intended. The fixture, with the headlamp installed, is attached to the goniometer table in such a way that the fixture alignment axes are coincident with the goniometer axes. The headlamp must be energized at 12.8 0.20 mV. There is no adjustment, shimming, or modification of the horizontal axis of the headlamp or test fixture, unless the headlamp is equipped with a VHAD. In this case the VHAD is adjusted to zero. S10.18.9.4.3 If the upper beam is not combined in a headlamp with a lower beam, and it does not have a VHAD, the horizontal aim of the upper beam is adjusted so that the maximum beam intensity is located on the V- V axis. S10.18.9.5 Photometry. When tested according to the procedure of S14.2.5, a visually/optically aimable headlamp must be designed to conform to the lower beam requirements of columns; LB1V or LB2V of Table XIX-a, or LB3V [[Page 409]] of Table XIX-b, or LB4V of Table XIX-c. S10.18.9.6 Visual/optical aiming identification marking. Each letter used in marking according to this paragraph must be not less than 3 mm high. S10.18.9.6.1 The lens of a lower beam headlamp must be marked ``VOL'' if the headlamp is intended to be visually/optically aimed using the left side of the lower beam pattern. The lens of a lower beam headlamp must be marked ``VOR'' if the headlamp is intended to be visually/optically aimed using the right side of the lower beam pattern. The lens of a headlamp that is solely an upper beam headlamp and intended to be visually/optically aimed using the upper beam must be marked ``VO''. S10.18.9.6.2 The lens of each sealed beam or integral beam headlamp must be marked ``VOR'' if the headlamp is of a type that was manufactured before May 1, 1997, and if such headlamp type has been redesigned since then to be visually/optically aimable. S11 Replaceable light source requirements. Each replaceable light source must be designed to conform to the dimensions and electrical specifications furnished with respect to it pursuant to part 564 of this chapter, on file in Docket No. NHTSA 98-3397, and must conform to the following requirements: S11.1 Markings. If other than an HB Type, the light source must be marked with the bulb marking designation specified for it in compliance with appendix A or appendix B of part 564 of this chapter. The base of each HB Type must be marked with its HB Type designation. Each replaceable light source must also be marked with the symbol DOT and with a name or trademark in accordance with S6.5. S11.2 Ballast markings. If a ballast is required for operation, each ballast must bear the following permanent markings: (a) Name or logo of ballast manufacturer; (b) Ballast part number or unique identification; (c) Part number or other unique identification of the light source for which the ballast is designed; (d) Rated laboratory life of the light source/ballast combination, if the information for the light source has been filed in appendix B of part 564 of this chapter; (e) A warning that ballast output voltage presents the potential for severe electrical shock that could lead to permanent injury or death; (f) Ballast output power in watts and output voltage in rms volts AC or DC; and (g) The symbol `DOT'. S11.3 Gas discharge laboratory life. For light sources that use excited gas mixtures as a filament or discharge arc, the ``rated laboratory life'' is determined in accordance with sections 4.3 and 4.9 of SAE Recommended Practice J2009 FEB93, Forward Discharge Lighting Systems (incorporated by reference, see 571.108 S5.2 of this title). S11.4 Physical tests. S11.4.1 Each replaceable light source must be designed to conform with the performance requirements of the deflection test and pressure test requirements of S14.7. S11.4.2 Replaceable light sources must be designed to conform with the requirements of section VII of appendix A of part 564 of this chapter, or section IV of appendix B of part 564 of this chapter, for maximum power and luminous flux when test by the procedure of S14.7.3. S12 Headlamp concealment device requirements. S12.1 While the headlamp is illuminated, its fully opened headlamp concealment device must remain fully opened should any loss of power to or within the headlamp concealment device occur. S12.2 Whenever any malfunction occurs in a component that controls or conducts power for the actuation of the concealment device, each closed headlamp concealment device must be capable of being fully opened by a means not requiring the use of any tools. Thereafter, the headlamp concealment device must remain fully opened until intentionally closed. S12.3 Except for malfunctions covered by S12.2, each headlamp concealment device must be capable of being fully opened and the headlamps illuminated by actuation of a single switch, lever, or similar mechanism, including [[Page 410]] a mechanism that is automatically actuated by a change in ambient light conditions. S12.4 Each headlamp concealment device must be installed so that the headlamp may be mounted, aimed, and adjusted without removing any component of the device, other than components of the headlamp assembly. S12.5 Except for cases of malfunction covered by S12.2, each headlamp concealment device must, within an ambient temperature range of -20 [deg]F to + 120 [deg]F, be capable of being fully opened in not more than 3 seconds after the actuation of a driver-operated control. S12.6 As an alternative to complying with the requirements of S12.1 through S12.5, a vehicle with headlamps incorporating VHAD or visual/ optical aiming in accordance with this standard may meet the requirements for Concealable lamps in paragraph 5.14 of UNECE Regulation 48 page 17 (incorporated by reference, see Sec. 571.5), in the English language version. S12.7 Certification election. Manufacturers of vehicles with headlamps incorporating VHAD or visual/optical aiming must elect to certify to S12.1 through S12.5 or to S12.6 prior to, or at the time of certification of the vehicle, pursuant to 49 CFR Part 567. The selection is irrevocable. S13 Replaceable headlamp lens requirements. S13.1 A replacement lens for a replaceable bulb headlamp or integral beam headlamp that is not required to have a bonded lens must be provided with a replacement seal in a package that includes instructions for the removal and replacement of the lens, the cleaning of the reflector, and the sealing of the replacement lens to the reflector assembly. S13.2 Each replacement headlamp lens with seal, when installed according to the lens manufacturer's instructions on an integral beam or replaceable bulb headlamp, must not cause the headlamp to fail to comply with any of the requirements of this standard. S14 Physical and photometry test procedures and performance requirements. S14.1 General test procedures and performance requirements. S14.1.1 Each lamp, reflective device, item of conspicuity treatment, and item of associated equipment required or permitted by this standard must be designed to conform to all applicable physical test performance requirements specified for it. S14.1.2 Plastic optical materials. All plastic materials used for optical parts such as lenses and reflectors on lamps or reflective devices required or allowed by this standard must conform to the material test requirements of S14.4.2. S14.1.3 All coatings used on optical materials must have added to their formulations an optical brightener, whose presence is detectable by ultraviolet light, to aid in testing for their presence. Other equivalent industry accepted methods may be used as an alternative. S14.1.4 Samples. S14.1.4.1 Samples submitted for laboratory test must be new, unused, manufactured from production tooling and assembled by production processes, and representative of the devices as regularly manufactured and marketed. S14.1.4.2 Each test sample must include not only the device but also accessory equipment necessary to operate in its intended manner. Where necessary a mounting bracket shall be provided so that the device may be rigidly bolted in its operating position on the various test equipment. S14.1.4.3 Dust and photometric tests may be made on a second set of mounted samples, if desired, to expedite completion of the tests. S14.1.5 Laboratory facilities. The laboratory must be equipped to test the sample in accordance with the requirements of the specific device. S14.2 Photometric test procedures. Each lamp and reflective device required or permitted by this standard must be designed to conform to the applicable photometric requirements. S14.2.1 Photometry measurements for all lamps except license plate lamps, headlamps, and DRLs. S14.2.1.1 Mounting. Photometry measurements are made with the sample lamp mounted in its normal operating position. S14.2.1.2 School bus signal lamp aiming. A school bus signal lamp must be [[Page 411]] aimed with its aiming plane normal to the photometer axis and may be reaimed for photometry by \1/2\[deg] vertically and 1[deg] horizontally. S14.2.1.3 Measurement distance. Photometric measurements are made at a distance between the light source and the point of measurement of at least 1.2 m for side marker lamps, clearance lamps, identification lamps, and parking lamps, and at least 3 m for turn signal lamps, stop lamps, taillamps, backup lamps, and school bus signal lamps. S14.2.1.4 Location of test points. Test point location must comply with the following nomenclature: (a) The line formed by the intersection of a vertical plane through the light source of the lamp and normal to the test screen is designated ``V''. (b) The line formed by the intersection of a horizontal plane through the light source and normal to the test screen is designated ``H''. (c) The point of intersection of these two lines is designated ``H- V''. (d) Other test points on the test screen are measured in terms of angles from the H and V lines. (e) Angles to the right (R) and to the left (L) are regarded as being to the right and left of the V line when the observer stands behind the lamp and looks in the direction of its light beam when it is properly aimed for photometry. Similarly, the upward angles designated as U and the downward angles designated as D, refer to light directed at angles above and below the H line, respectively. S14.2.1.5 Multiple compartment and multiple lamp photometry of turn signal lamps, stop lamps, and taillamps. S14.2.1.5.1 When compartments of lamps or arrangements of multiple lamps are photometered together, the H-V axis intersects the midpoint between the optical axes. S14.2.1.5.2 Luminous intensity measurements of multiple compartment lamps or multiple lamp arrangements are made either by: (a) Measuring all compartments together, provided that a line from the optical axis of each compartment or lamp to the center of the photometer sensing device does not make an angle more than 0.6[deg] with the H-V axis, or (b) Measuring each compartment or lamp separately by aligning its optical axis with the photometer and adding the value at each test point. S14.2.1.5.3 Multiple compartment turn signal lamps or stop lamps or multiple lamp arrangements of these lamps installed on multipurpose passenger vehicles, trucks, trailers, or buses 2032 mm or more in overall width must use the method of S14.2.1.5.2(b) only. S14.2.1.6 Bulbs. Except for a lamp having a sealed-in bulb, a lamp must meet the applicable requirements of this standard when tested with a bulb whose filament is positioned within .010 in of the nominal design position specified in SAE Recommended Practice J573d (1968) (incorporated by reference, see Sec. 571.5) or specified by the bulb manufacturer and operated at the bulb's rated mean spherical candela. S14.2.1.6.1 Each lamp designed to use a type of bulb that has not been assigned a mean spherical candela rating by its manufacturer and is not listed in SAE Recommended Practice J573d (1968) (incorporated by reference, see Sec. 571.5), must meet the applicable requirements of this standard when used with any bulb of the type specified by the lamp manufacturer, operated at the bulb's design voltage. A lamp that contains a sealed-in bulb must meet these requirements with the bulb operated at the bulb's design voltage. S14.2.1.6.2 A bulb that is not listed in SAE Recommended Practice J573d (1968) (incorporated by reference, see Sec. 571.5) is not required to use a socket that conforms to the requirements of SAE Recommended Practice J567b (1964) (incorporated by reference, see Sec. 571.5). S14.2.2 License plate lamp photometry. Photometry compliance of license plate lamps is determined by measurement of the illumination falling upon test stations located on a test plate. S14.2.2.1 Illumination surface. All illumination measurements are made on a rectangular test plate of clean, white blotting paper mounted on the license plate holder in the position normally taken by the license plate. The face of the test plate must be 1.5 mm from the face of the license plate holder. [[Page 412]] S14.2.2.2 Test stations. Test stations must be located on the face of the test plate as shown in Figure 19 according to the type of vehicle on which the license plate lamps are installed. S14.2.2.3 Bulb requirements of S14.2.1.6 apply to license plate lamp photometry. S14.2.3 Reflex reflector and retroreflective sheeting photometry. S14.2.3.1 Mounting. Each reflex reflector is mounted for photometry with the center of the reflex area at the center of goniometer rotation and at the same horizontal level as the source of illumination. S14.2.3.2 Illumination source. The source of illumination is a lamp with a 50 mm effective diameter and with a filament operating at 2856 [deg]K. S14.2.3.3 Measurement distance. The test distance is 30.5 m [100ft]. S14.2.3.4 Test setup The observation point is located directly above the source of illumination. The H-V axis of reflex reflectors is taken as parallel to the longitudinal axis of the vehicle for rear reflectors and perpendicular to a vertical plane passing through the longitudinal axis of the vehicle for side reflectors. S14.2.3.5 Photodetector. The photodetector has an opening of not more than 13 mm vertically and 25 mm horizontally. S14.2.3.6 Photometry surface. Reflex reflectors may have any linear or area dimensions but must have no more than 7740 sq mm projected area contained within a 254 mm diameter circle exposed for photometry. S14.2.3.7 Procedure. Photometric measurements of reflex reflectors and retroreflective sheeting must be made at various observation and entrance angles as shown in Table XVI. S14.2.3.7.1 The observation angle is the angle formed by a line from the observation point to the center of the reflector and a second line from the center of the reflector to the source of illumination. S14.2.3.7.2 The entrance angle is the angle between the axis of the reflex reflector and a line from the center of the reflector to the source of illumination. S14.2.3.7.3 The entrance angle is designated left, right, up, and down in accordance with the position of the source of illumination with respect to the axis of the reflex reflector as viewed from behind the reflector. S14.2.3.7.4 Measurements are made of the luminous intensity which the reflex reflector is projecting toward the observation point and the illumination on the reflex reflector from the source of illumination. S14.2.3.8 Measurements. S14.2.3.8.1 Reflex reflectors. The required measurement for reflex reflectors at each test point as shown in Table XVI is the quotient of the projected luminous intensity divided by the illumination expressed as millicandela per lux or candela per footcandle. S14.2.3.8.2 Retroreflective sheeting. The required measurement for retroreflective sheeting reflectors at each test point as shown in Table XVI is candela per lux per square meter of area. S14.2.3.8.3 Reflex reflector photometry measurement adjustments. S14.2.3.8.3.1 Reflex reflectors, which do not have a fixed rotational position on the vehicle, are rotated about their axis through 360[deg] to find the minimum photometric value which must be reported for each test point. If the output falls below the minimum requirement at any test point, the reflector is rotated 5[deg] about its axis from the angle where the minimum output occurred, and the maximum value within this angle is reported as a tolerance value. S14.2.3.8.3.2 Reflex reflectors, which by their design or construction, permit mounting on a vehicle in a fixed rotational position, are tested in this position. A visual locator, such as the word TOP is not considered adequate to establish a fixed rotational position on the vehicle. S14.2.3.8.3.3 If uncolored reflections from the front surface interfere with photometric readings at any test point, additional readings are taken 1[deg] above, below, right, and left of the test point, and the lowest of these readings and its location is reported provided the minimum test point requirement for the test point is met. S14.2.4 Daytime running lamp (DRL) photometry measurements. [[Page 413]] S14.2.4.1 Each DRL is tested to the procedure of S14.2.5 when a test voltage of 12.8 v 20 mv is applied to the input terminals of the lamp switch module or voltage-reducing equipment, whichever is closer to the electrical source on the vehicle. S14.2.4.2 The test distance from the lamp to the photometer is not less than 18.3 m if the lamp is optically combined with a headlamp, or is a separate lamp, and not less than 3 m if the lamp is optically combined with a lamp, other than a headlamp, that is required by this standard. S14.2.4.3 Except for a lamp having a sealed-in bulb, a lamp must meet the applicable requirements of this standard when tested with a bulb whose filament is positioned within .010 in. of the nominal design position specified in SAE J573d, Lamp bulbs and Sealed Units, December 1968, (incorporated by reference, paragraph S5.2 of this section) or specified by the bulb manufacturer. S14.2.5 Headlamp photometry measurements. S14.2.5.1 Mounting. Photometry measurements at the applicable test points are made with the sample headlamp mounted in its normal operating position. S14.2.5.2 Test points in the area from 10[deg] U to 90[deg] U must be measured from the normally exposed surface of the lens face. S14.2.5.3 Measurement distance. Photometric measurements are made at a distance between the light source and the photometer sensor of at least 18.3 m. S14.2.5.4 Seasoning and test voltage. All sealed beam headlamps, integral beam headlamps, beam contributors, and replaceable light sources are seasoned at design voltage for 1% of its average design life or 10 hours, whichever is less prior to a photometry test. A headlamp is tested at 12.8 v. 20 mv, D.C. as measured at the terminals of the lamp. S14.2.5.5 Aiming. Each headlamp is aimed prior to a photometry test in accordance with the procedure appropriate to its aiming system. A \1/ 4\[deg] reaim is permitted in any direction at any test point to allow for variations in readings between laboratories for all headlamps except a Type F upper beam unit not equipped with a VHAD. S14.2.5.5.1 Mechanically aimable headlamps using an external aimer. The headlamp is aimed mechanically with the aiming plane at the design angle(s) to the photometer axis and the mechanical axis of the headlamp on the photometer axis. S14.2.5.5.2 Mechanically aimable headlamps equipped with a VHAD. The headlamp is aimed mechanically using the VHAD in accordance with the manufacturer's instructions as provided with the vehicle on which the headlamp is intended to be used. S14.2.5.5.3 Visually aimable lower beam headlamps-vertical aim. S14.2.5.5.3.1 A VOL cutoff headlamp must have the location of the cutoff maximum gradient, as determined by the method of this standard, positioned at 0.4[deg] down from the H-H line. S14.2.5.5.3.2 A VOR cutoff headlamp must have the location of the cutoff maximum gradient, as determined by the method of this standard, positioned at the H-H line. S14.2.5.5.4 Visually aimable lower beam headlamps-horizontal aim. There must be no adjustment of horizontal aim unless the headlamp is equipped with a horizontal VHAD. If the headlamp has a VHAD, it must be set to zero. S14.2.5.5.5 Visually aimable upper beam headlamps-vertical aim. S14.2.5.5.5.1 A headlamp whose upper beam is combined with a lower beam must not have its vertical aim changed from that set for the lower beam. S14.2.5.5.5.2 A headlamp whose upper beam is not combined with a lower beam must have its maximum beam intensity positioned on the H-H axis. S14.2.5.5.6 Visually aimable upper beam headlamps-horizontal aim. S14.2.5.5.6.1 A headlamp whose upper beam is combined with a lower beam must not have its horizontal aim changed from that set for the lower beam. S14.2.5.5.6.2 A headlamp whose upper beam is not combined with a lower beam and has a fixed horizontal aim or has a horizontal VHAD must be mounted in its normal operating position on a goniometer such that the mounting fixture alignment axes are coincident [[Page 414]] with the goniometer axes and must be energized at 12.8 v 20 mv. There must be no adjustment, shimming, or modification of the horizontal axis of the headlamp or test fixture, unless the headlamp is equipped with a VHAD, in which case the VHAD must be adjusted to zero. S14.2.5.5.6.3 A headlamp whose upper beam is not combined with a lower beam and is not equipped with a horizontal VHAD, the horizontal aim must be adjusted so that the maximum beam intensity is positioned on the V-V axis. S14.2.5.5.7 Simultaneous aim Type F sealed beam headlamps and beam contributor integral beam headlamps. S14.2.5.5.7.1 A headlamp system permitted to use simultaneous aim of lower beams and upper beams must be aimed mechanically for lower beam photometry by centering the lower beam unit or the geometric center of all lower beam contributors on the photometer axis and aligning the aiming plane, aiming reference plane, or other appropriate vertical plane defined by the manufacturer perpendicular to the photometer axis. S14.2.5.5.7.2 The headlamp must be aimed for upper beam photometry by moving the assembly in a plane parallel to the established lower beam aiming plane until the upper beam unit or the geometric center of all upper beam contributors is centered in the photometric axis. S14.2.5.5.8 Motorcycle headlamp-upper beam headlamps designed to comply with Table XX. The upper beam of a multiple beam headlamp designed to comply with the requirements of Table XX must be aimed photoelectrically so that the center of the zone of highest intensity falls 0.4[deg] vertically below the lamp axis and is centered laterally. The center of the zone of highest intensity must be established by the intersection of a horizontal plane passing through the point of maximum intensity, and the vertical plane established by balancing the photometric values at 3[deg]L and 3[deg]R. S14.2.5.5.9 Motorcycle headlamp-lower beam headlamps designed to comply with Table XX. The beam from a single beam headlamp designed to comply with the requirements of Table XX must be aimed straight ahead with the top of the beam aimed vertically to obtain 2000 cd at H-V. S14.2.5.6 Positioner. The goniometer configuration, used to position the sample headlamp when making photometric measurements at specific angular test points, is horizontal rotation over elevation. The vertical axis of the goniometer must correspond to the design position vertical axis of the sample headlamp which is vertical and perpendicular to the longitudinal axis of the vehicle. S14.2.5.7 Photometer. S14.2.5.7.1 The photometer must be capable of measuring the luminous intensity of the sample headlamp throughout its illumination range. S14.2.5.7.2 Sensor. S14.2.5.7.2.1 The maximum effective area of the photometric sensor must fit within a circle whose diameter is equal to 0.009 times the actual test distance from the light source of the sample headlamp to the sensor. S14.2.5.7.2.2 The sensor effective area is defined as the actual area of intercepted light striking the detector surface of the photometer. Sensor systems incorporating lens(es) that change the diameter of the intercepted light beam before it reaches the actual detector surface, the maximum size requirements must apply to the total area of the light actually intercepted by the lens surface. S14.2.5.7.2.3 The sensor must be capable of intercepting all direct illumination from the largest illuminated dimension of the sample lamp at the test distance. S14.2.5.7.3 The color response of the photometer must be corrected to that of the 1931 CIE Standard Observer (2-degree) Photopic Response Curve, as shown in the CIE 1931 Chromaticity Diagram (incorporated by reference, see Sec. 571.5). S14.2.5.8 Location of test points. S14.2.5.8.1 Test point positions are defined by the positioner. The following nomenclature applies: S14.2.5.8.1.1 The letters ``V'' and ``H'' designate the vertical and horizontal planes intersecting both the headlamp light source and the photometer axis. ``H-V'' designates the zero test point angle at the intersection of the H and [[Page 415]] V planes. This intersection is parallel to the longitudinal axis of the vehicle. S14.2.5.8.1.2 The letters ``U'', ``D'', ``L'', and ``R'', indicating up, down, left and right, respectively, designate the angular position from the H and V planes to the photometer as viewed from the headlamp. S14.2.5.8.1.3 Horizontal angles designated L and R are defined as the plan view angle between the vertical plane and the projection of the light ray from the headlamp onto the horizontal plane. S14.2.5.8.1.4 Vertical angles designated U and D are defined as the true angle between the horizontal plane and the light ray from the headlamp. S14.2.5.9 Beam contributor photometry measurements. In a headlighting system where there is more than one beam contributor providing a lower beam, and/or more than one beam contributor providing an upper beam, each beam contributor must be designed to meet only the applicable photometric performance requirements based upon the following mathematical expression: conforming test point value = 2(test point value)/total number of lower or upper beam contributors for the vehicle, as appropriate. S14.2.5.10 Moveable reflector aimed headlamp photometry measurements. S14.2.5.10.1 A headlamp aimed by moving the reflector relative to the lens and headlamp housing, or vice versa, must conform to the photometry requirements applicable to it with the lens at any position relative to the reflector. S14.2.5.10.2 These positions include not less than the full range of vertical pitch of the vehicle on which the headlamp is installed and not less than 2.5[deg] from the nominal horizontal aim position for the vehicle on which the headlamp is installed unless the headlamp is visually/optically aimed with a fixed horizontal aim. S14.3 Motorcycle headlamp out of focus test procedure and performance requirements. S14.3.1 Procedure. The sample device must be tested for photometry using bulbs having each of four out-of-focus filament positions. Where conventional bulbs with two pin bayonet bases are used, tests must be made with the light source 0.060 in. above, below, ahead, and behind the designated position. If prefocused bulbs are used, the limiting positions at which tests are made must be 0.020 in. above, below, ahead, and behind the designated position. The sample device may be reaimed for each of the out-of-focus positions of the light source. S14.3.2 Performance requirements. The minimum photometric values for the out-of-design position must be 80% of the in-design position. S14.4 General test procedures and performance requirements. S14.4.1 Color test. The requirement applies to the overall effective color of light emitted by the device and not to the color of the light from a small area of the lens. It does not apply to any pilot, indicator, or tell-tale lights. The color of the sample device must comply when tested by either the Visual Method or the Tristimulus Method. S14.4.1.1 Samples. A test sample for a reflex reflector may be either the reflex reflector or a disc of the same material, technique of fabrication, and dye formulation as the reflex reflector. If a disc is used, the thickness must be twice the thickness of the reflector as measured from the face of the lens to the apexes of the reflecting elements. S14.4.1.2 General procedure. S14.4.1.2.1 The device must be operated at design voltage. S14.4.1.2.2 Components (bulbs, caps, lenses, and the like) must be tested in a fixture or manner simulating the intended application. S14.4.1.2.3 The lamp shall be allowed to reach operating temperature before measurements are made. S14.4.1.2.4 The entire light emitting surface of the sample must be visible from any point on the entrance window of the test instrument. S14.4.1.2.5 The distance between the test instrument and the sample must be large enough so that further increases in distance will not affect the results. S14.4.1.3 Visual method. S14.4.1.3.1 Visual method procedure. The color of light from the sample device must be compared visually with the color of the light from a standard. The standard may consist of a filter or limit glass. In the case of white, CIE [[Page 416]] Source A is used only as a color reference. The chromaticity coordinates of the color standards must be as close as possible to the limits listed. The color of the standard filters is determined spectro- photometrically. S14.4.1.3.2 Visual method performance requirements. The color must comply with the applicable requirement. S14.4.1.3.2.1 Red. Red is not acceptable if it is less saturated (paler), yellower, or bluer than the limit standards. S14.4.1.3.2.2 Yellow (Amber). Yellow is not acceptable if it is less saturated (paler), greener, or redder than the limit standards. S14.4.1.3.2.3 White. White is not acceptable if its color differs materially from that of CIE Source A. S14.4.1.3.2.4 Green. Green is not acceptable if it is less saturated (paler), yellower, or bluer than the limit standards. S14.4.1.3.2.5 Blue. Blue is not acceptable if it is less saturated (paler), greener, or redder than the limit standards. S14.4.1.4 Tristimulus method. S14.4.1.4.1 Tristimulus method procedure. S14.4.1.4.1.1 The color of light from the H-V point of a sample device must be measured by photoelectric receivers with spectral responses that approximate CIE standard spectral tristimulus valves. S14.4.1.4.1.2 A sphere may be used to integrate light from a colored source provided that the color shift that results from the spectral selectivity of the sphere paint be corrected by the use of a filter, correction factor, or an appropriate calibration. S14.4.1.4.1.3 Where the sample device does not have uniform spectral characteristics in all useful directions, color measurements must be made at as many directions of view as are required to evaluate the color for those directions that apply to the end use of the device. S14.4.1.4.2 Tristimulus method performance requirements. The color must comply with the applicable requirement. S14.4.1.4.2.1 Red. The color of light emitted must fall within the following boundaries: y = 0.33 (yellow boundary) y = 0.98 - x (purple boundary) S14.4.1.4.2.2 Yellow (Amber). The color of light emitted must fall within the following boundaries: y = 0.39 (red boundary) y = 0.79 - 0.67x (white boundary) y = x - 0.12 (green boundary) S14.4.1.4.2.3 White (achromatic). The color of light emitted must fall within the following boundaries: x = 0.31 (blue boundary) y = 0.44 (green boundary) x = 0.50 (yellow boundary) y = 0.15 + 0.64x (green boundary) y = 0.38 (red boundary) y = 0.05 + 0.75x (purple boundary) S14.4.1.4.2.4 Green. The color of light emitted must fall within the following boundaries: y = 0.73 - 0.73x (yellow boundary) x = 0.63y - 0.04 (white boundary) y = 0.50 - 0.50x (blue boundary) S14.4.1.4.2.5 Restricted Blue. The color of light emitted must fall within the following boundaries: y = 0.07 + 0.81x (green boundary) x = 0.40 - y (white boundary) x = 0.13 + 0.60y (violet boundary) S14.4.1.4.2.6 Signal Blue. The color of light emitted must fall within the following boundaries: y = 0.32 (green boundary) x = 0.16 (white boundary) x = 0.40 - y (white boundary) x = 0.13 + 0.60y (violet boundary) S14.4.2 Plastic optical materials tests. Accelerated weathering procedures are not permitted. S14.4.2.1 Samples. S14.4.2.1.1 Samples of materials shall be injection molded into polished metal molds to produce test specimens with two flat and parallel faces. Alternative techniques may be used to produce equivalent specimens. S14.4.2.1.2 Test specimens shape may vary, but each exposed surface must contain a minimum uninterrupted area of 32 sq cm. S14.4.2.1.3 Samples must be furnished in thicknesses of 1.6 0.25 mm, 2.3 0.25 mm, 3.2 0.25 mm, and 6.4 0.25 mm. S14.4.2.1.4 All samples must conform to the applicable color test requirement of this standard prior to testing. [[Page 417]] S14.4.2.1.5 A control sample, kept properly protected from influences which may change its appearance and properties of each thickness, must be retained. S14.4.2.2 Outdoor exposure test. S14.4.2.2.1 Outdoor exposure tests of 3 years in duration must be made on samples of all materials, including coated and uncoated versions, used for optical parts of devices covered by this standard. Tests are to be conducted in Florida and Arizona. S14.4.2.2.2 Concentrations of polymer components and additives used in plastic materials may be changed without outdoor exposure testing provided the changes are within the limits of composition represented by higher and lower concentrations of these polymer components and additives previously tested to this section and found to meet its requirements. S14.4.2.2.3 Procedure. S14.4.2.2.3.1 One sample of each thickness of each material must be mounted at each exposure site so that at least a minimum uninterrupted area of 32 sq cm of the exposed upper surface of the sample is at an angle of 45[deg] to the horizontal facing south. The sample must be mounted in the open no closer than 30 cm (11.8 in) to its background. S14.4.2.2.3.2 During the exposure time the samples must be cleaned once every three months by washing with mild soap or detergent and water, and then rinsing with distilled water. Rubbing must be avoided. S14.4.2.2.4 Performance requirements. Plastic lenses, other than those incorporating reflex reflectors, used for inner lenses or those covered by another material and not exposed directly to sunlight must meet the optical material test requirements when covered by the outer lens or other material. S14.4.2.2.4.1 After completion of the outdoor exposure test the haze and loss of surface luster as measured by ASTM D1003-92 (incorporated by reference, see Sec. 571.5) must not be greater than: (a) 30% for materials used for outer lenses, other than those incorporating reflex reflectors; (b) 7% for materials used for reflex reflectors and lenses used in front of reflex reflectors. S14.4.2.2.4.2 After completion of the outdoor exposure test materials used for headlamp lenses must show no deterioration. S14.4.2.2.4.3 After completion of the outdoor exposure test all materials, when compared with the unexposed control samples, must not show physical changes affecting performance such as color bleeding, delamination, crazing, or cracking. Additionally materials used for reflex reflectors and lenses used in front of reflex reflectors must not show surface deterioration or dimensional changes. S14.4.2.2.4.4 After completion of the outdoor exposure test all materials, when compared with the unexposed control samples, must not have their luminous transmittance changed by more than 25% when tested in accordance with ASTM E308-66 (incorporated by reference, see Sec. 571.5) using CIE Illuminant A (2856K). S14.4.2.2.4.5 After completion of the outdoor exposure test all materials must conform to the color test of this standard in the range of thickness stated by the material manufacturer. S14.4.2.3 Heat test. S14.4.2.3.1 Procedure. Two samples of each thickness of each material must be supported at the bottom, with at least 51 mm of the sample above the support, in the vertical position in such a manner that, on each side, the minimum uninterrupted area of exposed surface is not less than 3225 sq mm. The samples are placed in a circulating air oven at 79 3 [deg]C for two hours. S14.4.2.3.2 Performance requirements. After completion of the heat exposure and cooling to room ambient temperature, a test specimen must show no change in shape and general appearance discernable to the naked eye when compared with an unexposed specimen and continue to conform to the applicable color test requirement of this standard. S14.5 Signal lamp and reflective device physical test procedures and performance requirements. S14.5.1 Vibration test. [[Page 418]] S14.5.1.1 Procedure. The sample device, as mounted on the support supplied, must be bolted to the anvil end of the table of the vibration test machine of Figure 21 and vibrated approximately 750 cpm through a distance of \1/8\ in. The table must be spring mounted at one end and fitted with steel calks on the underside of the other end. The calks are to make contact with the steel anvil once during each cycle at the completion of the fall. The rack must be operated under a spring tension of 60 to 70 lb. The test must be continued for 1 hour. S14.5.1.2 Performance requirements. After completion of the vibration test a device showing evidence of material physical weakness, lens or reflector rotation, displacement or rupture of parts except bulb failures, must be considered to have failed, providing that the rotation of lens or reflector must not be considered as a failure when tests show compliance with specifications despite such rotation. S14.5.2 Moisture test. S14.5.2.1 Procedure. The sample device must be mounted in its normal operating position with all drain holes open and subjected to a precipitation of 0.1 in of water per minute, delivered at an angle of 45[deg] from a nozzle with a solid cone spray. During the test the device must revolve about its vertical axis at a rate of 4 rpm for a period of 12 hours followed by a one hour drain period where the device does not rotate and the spray stops. After completion of the moisture test the device must be examined for moisture accumulation. S14.5.2.2 Performance requirements. Accumulation of moisture in excess of 2 cc or any visible moisture in a sealed reflex unit must constitute a failure. S14.5.3 Dust test. S14.5.3.1 Samples. A sealed unit is not required to meet the requirements of this test. S14.5.3.2 Procedure. The sample device with any drain hole closed must be mounted in its normal operating position, at least 6 in from the wall in a cubical box with inside measurements of 3 ft on each side containing 10 lb of fine powered cement in accordance with ASTM C150-56 (incorporated by reference, see Sec. 571.5). At intervals of 15 minutes during a test period of 5 hours, the dust must be agitated by compressed air or fan blower by projecting blasts of air for a 2 second period in a downward direction into the dust in such a way that the dust is completely and uniformly diffused throughout the entire cube and allowed to settle. After the completion of the dust test the exterior surface of the device must be cleaned. S14.5.3.3 Performance requirements. If after a photometry test the maximum photometric intensity of the device is not more than 10% less than the maximum photometric intensity of the same device after being cleaned both inside and outside, the device is considered to have met the requirements of the dust test. S14.5.4 Corrosion test. S14.5.4.1 Procedure. The sample device must be subjected to a salt spray (fog) test in accordance with the latest version of ASTM B117-73 (Reapproved 1979) (incorporated by reference, see Sec. 571.5), for a period of 50 hours, consisting of two periods of 24 hour exposure followed by a 1 hr drying time. S14.5.4.2 Performance requirements. After the completion of the corrosion test there must be no evidence of excessive corrosion which would affect the proper function of the device. S14.6 Headlamp physical test procedures and performance requirements. S14.6.1 Abrasion test. S14.6.1.1 Procedure. S14.6.1.1.1 Abrading pad. A new, unused abrading pad constructed of 0000 steel wool not less than 2.5 .1 cm wide, rubber cemented to a rigid base shaped to the same vertical contour of the lens, is used for each test. The abrading pad support is equal in size to the pad and the center of the support surface is within 2 mm of parallel to the lens surface. The ``grain'' of the pad is oriented perpendicular to the direction of motion. The density of the pad is such that when the pad is resting unweighted on the lens, the base of the pad is no closer than 3.2 mm to the lens at its closest point. S14.6.1.1.2 Abrading pad alignment. A sample headlamp is mounted in the abrasion test fixture of Figure 5 with the lens facing upward. When mounted on its support and resting on the lens of the test headlamp, the abrading pad is [[Page 419]] then weighted such that a pad pressure of 14 1 KPa. exists at the center and perpendicular to the face of the lens. S14.6.1.1.3 Abrasion test procedure. The pad is cycled back and forth (1 cycle) for 11 cycles at 4 0.8 in (10 2 cm) per second over at least 80% of the lens surface, including all the area between the upper and lower aiming pads, but not including lens trim rings and edges. A pivot must be used if it is required to follow the contour of the lens. S14.6.1.2 Performance requirements. After completion of the abrasion test the sample headlamp must meet the requirements of the applicable photometry tests of Table XIX and Table XVIII. A \1/4\[deg] reaim is permitted in any direction at any test point. S14.6.2 Chemical resistance test. S14.6.2.1 Procedure. S14.6.2.1.1 Test fluids. The five test fluids used in the chemical resistance test include: (a) ASTM Reference Fuel C, which is composed of Isooctane 50% volume and Toluene 50% volume. Isooctane must conform to A2.7 in the ASTM Motor Fuels section (incorporated by reference, see Sec. 571.5), and Toluene must conform to ASTM D362-84 (incorporated by reference, see Sec. 571.5). ASTM Reference Fuel C must be used as specified in: Paragraph A2.3.2 and A2.3.3 of the ASTM Motor Fuels section (incorporated by reference, see Sec. 571.5); and OSHA Standard 29 CFR 1910.106--Handling Storage and Use of Flammable Combustible Liquids; (b) Tar remover (consisting by volume of 45% xylene and 55% petroleum base mineral spirits); (c) Power steering fluid (as specified by the vehicle manufacturer for use in the motor vehicle on which the headlamp is intended to be installed); (d) Windshield washer fluid consisting of 0.5% monoethanolamine with the remainder 50% concentration of methanol/distilled water by volume; and (e) Antifreeze (50% concentration of ethylene glycol/distilled water by volume). S14.6.2.1.2 Fluid application. The entire exterior lens surface of the sample headlamp mounted in the headlamp test fixture and top surface of the lens-reflector joint is wiped once to the left and once to the right with a 6 inch square soft cotton cloth (with pressure equally applied) which has been saturated once in a container with 2 ounces of five different test fluids listed above. The lamp is wiped within 5 seconds after removal of the cloth from the test fluid. A new lamp sample may be used with each fluid. S14.6.2.1.3 Test duration. After the headlamp sample has been wiped with the test fluid, it must be stored in its designed operating attitude for 48 hours at a temperature of 23 [deg]C 4 [deg]C and a relative humidity of 30% 10%. At the end of the 48-hour period, the headlamp is wiped clean with a soft dry cotton cloth and visually inspected. S14.6.2.2 Performance requirements. After completion of the chemical resistance test, the sample headlamp must have no surface deterioration, coating delamination, fractures, deterioration of bonding or sealing materials, color bleeding, or color pickup visible without magnification and the headlamp must meet the requirements of the applicable photometry tests of Table XIX and Table XVIII. A \1/4\[deg] reaim is permitted in any direction at any test point. S14.6.3 Corrosion test. S14.6.3.1 Procedure. A sample headlamp, mounted on a headlamp test fixture in designed operating position and including all accessory equipment necessary to operate in its normal manner, is subjected to a salt spray (fog) test in accordance with ASTM B117-73 (incorporated by reference, see Sec. 571.5), for 50 total hours, consisting of two periods of 24 hours exposure followed by a 1 hour drying period. If a portion of the device is completely protected in service, that portion is covered to prevent salt fog entry during exposure. After removal from the salt spray and the final 1 hour drying period the sample headlamp is examined for corrosion that affects any other applicable tests contained in S14.6. If such corrosion is found, the affected test(s) must be performed on the corrosion sample and the results recorded. S14.6.3.2 Performance requirements. After completion of the corrosion test, the sample headlamp must not have [[Page 420]] any observed corrosion which would result in the failure of any other applicable tests contained in S14.6 and no corrosion of the headlamp mounting and aiming mechanism that would result in the failure of the aiming adjustment tests, inward force test, or torque deflection test of S14.6. S14.6.4 Corrosion-connector test. S14.6.4.1 Procedure. S14.6.4.1.1 A headlamp connector test must be performed on each filament circuit of the sample headlamp prior to the test in S14.6.4.1.2 according to Figure 4 and S14.6.15. The power source is set to provide 12.8 volts and the resistance must be set to produce 10 amperes. S14.6.4.1.2 The headlamp, with connector attached to the terminals, unfixtured and in its designed operating attitude with all drain holes, breathing devices or other designed openings in their normal operating positions, is subjected to a salt spray (fog) test in accordance with ASTM B117-73 (incorporated by reference, see Sec. 571.5), for 240 hours, consisting of ten successive 24-hour periods. S14.6.4.1.3 During each period, the headlamp is mounted in the middle of the chamber and exposed for 23 hours to the salt spray. The spray is not activated during the 24th hour. The bulb is removed from the headlamp and from the test chamber during the one hour of salt spray deactivation and reinserted for the start of the next test period, at the end of the first and last three 23-hour periods of salt spray exposure, and at the end of any two of the fourth through seventh 23- hour periods of salt-spray exposure. S14.6.4.1.4 The test chamber is closed at all times except for a maximum of 2 minutes which is allowed for removal or replacement of a bulb during each period. S14.6.4.1.5 After the ten periods, the lens-reflector unit without the bulb must be immersed in deionized water for 5 minutes, then secured and allowed to dry by natural convection only. S14.6.4.1.6 Using the voltage, resistance and pre-test set up of S14.6.4.1.1 the current in each filament circuit must be measured after the test conducted in S14.6.4.1.2. S14.6.4.2 Performance requirements. S14.6.4.2.1 After the completion of the corrosion-connector test, the sample headlamp must show no evidence of external or internal corrosion or rust visible without magnification. S14.6.4.2.2 Loss of adhesion of any applied coating must not occur more than 3.2 mm from any sharp edge on the inside or out. S14.6.4.2.3 Corrosion may occur on terminals only if the test current produced during the test of S14.6.4.1.6 is not less than 9.7 amperes. S14.6.5 Dust test. S14.6.5.1 Procedure. S14.6.5.1.1 A sample headlamp, mounted on a headlamp test fixture, with all drain holes, breathing devices or other designed openings in their normal operating positions, is positioned within a cubical box, with inside measurements of 900 mm on each side or larger if required for adequate wall clearance (i.e., a distance of at least 150 mm between the headlamp and any wall of the box). S14.6.5.1.2 The box contains 4.5 kg of fine powdered cement which conforms to the ASTM C150-77 (incorporated by reference, see Sec. 571.5). Every 15 minutes, the cement is agitated by compressed air or fan blower(s) by projecting blasts of air for a two-second period in a downward direction so that the cement is diffused as uniformly as possible throughout the entire box. S14.6.5.1.3 This test is continued for five hours after which the exterior surfaces of the headlamp are wiped clean. S14.6.5.2 Performance requirements. After completion of the dust test, the sample headlamp must meet the requirements of the applicable photometry tests of Table XIX and Table XVIII. A \1/4\[deg] reaim is permitted in any direction at any test point. S14.6.6 Temperature cycle test and internal heat test. S14.6.6.1 Samples. A sample headlamp with one or more replaceable light sources is tested according to the procedures of this section for a temperature cycle test and an internal heat test. The same sample headlamp is used in the temperature cycle test and then in the internal heat test. S14.6.6.2 General procedure. S14.6.6.2.1 Tests are made with all filaments lighted at design voltage [[Page 421]] that are intended to be used simultaneously in the headlamp and which in combination draw the highest total wattage. These include but are not limited to filaments used for turn signal lamps, fog lamps, parking lamps, and headlamp lower beams lighted with upper beams when the wiring harness is so connected on the vehicle. S14.6.6.2.2 If a turn signal is included in the headlamp assembly, it is operated at 90 flashes a minute with a 75% 2% current ``on time.'' S14.6.6.2.3 If the lamp produces both the upper and lower beam, it is tested in both the upper beam mode and the lower beam mode under the conditions above described, except for a headlamp with a single type HB1 or type HB2 light source. S14.6.6.3 Temperature cycle test. S14.6.6.3.1 Procedure. S14.6.6.3.1.1 A sample headlamp, mounted on a headlamp test fixture, is subjected to 10 complete consecutive cycles having the thermal cycle profile shown in Figure 6. S14.6.6.3.1.2 During the hot cycle, the lamp, is energized commencing at point ``A'' of Figure 6 and de-energized at point ``B.'' S14.6.6.3.1.3 Separate or single test chambers may be used to generate the environment of Figure 6. S14.6.6.3.1.4 All drain holes, breathing devices or other openings or vents of the headlamps are set in their normal operating positions. S14.6.6.3.2 Performance requirements. After completion of the temperature cycle test, the sample headlamp must: (a) show no evidence of delamination, fractures, entry of moisture, or deterioration of bonding material, color bleeding, warp or deformation visible without magnification; (b) show no lens warpage greater than 3 mm when measured parallel to the optical axis at the point of intersection of the axis of each light source with the exterior surface of the lens; and (c) meet the requirements of the applicable photometry tests of Table XIX and Table XVIII. A \1/4\[deg] reaim is permitted in any direction at any test point. S14.6.6.4 Internal heat test. S14.6.6.4.1 Procedure. S14.6.6.4.1.1 A sample headlamp lens surface that would normally be exposed to road dirt is uniformly sprayed with any appropriate mixture of dust and water or other materials to reduce the photometric output at the H-V test point of the upper beam (or the \1/2\[deg]D-1\1/2\[deg]R test point of the lower beam as applicable) to 25% 2% of the output originally measured in the applicable photometric compliance test. S14.6.6.4.1.2 A headlamp with a single type HB1 or type HB2 light source is tested on the upper beam only. S14.6.6.4.1.3 Such reduction is determined under the same conditions as that of the original photometric measurement. S14.6.6.4.1.4 After the photometric output of the lamp has been reduced as specified above, the sample lamp and its mounting hardware must be mounted in an environmental chamber in a manner similar to that indicated in Figure 7 ``Dirt/Ambient Test Setup.'' S14.6.6.4.1.5 The headlamp is soaked for one hour at a temperature of 35[deg] + 4[deg] - 0 [deg]C) and then the lamp is energized according to the procedure of this section for one hour in a still air condition, allowing the temperature to rise from the soak temperature. S14.6.6.4.1.6 At the end of one hour the sample lamp is returned to a room ambient temperature of 23[deg] + 4[deg] - 0 [deg]C and a relative humidity of 30% 10% and allowed to stabilize to the room ambient temperature. The lens is then cleaned. S14.6.6.4.2 Performance requirements. After completion of the temperature cycle test and meeting its requirements, and completion of the internal heat test, the sample headlamp must: (a) have no lens warpage greater than 3 mm when measured parallel to the optical axis at the point of intersection of the axis of each light source with the exterior surface of the lens, and (b) meet the requirements of the applicable photometry tests of Table XIX and Table XVIII. A \1/4\[deg] reaim is permitted in any direction at any test point. S14.6.7 Humidity test. S14.6.7.1 Procedure. S14.6.7.1.1 The test fixture consists of a horizontal steel plate to which three threaded steel or aluminum rods [[Page 422]] of \1/2\ inch diameter are screwed vertically behind the headlamp. S14.6.7.1.2 The sample headlamp assembly is clamped to the vertical rods, which are behind the headlamp. All attachments to the headlamp assembly are made behind the lens and vents or openings, and are not within 2 inches laterally of a vent inlet or outlet. S14.6.7.1.3 The mounted headlamp assembly is oriented in its design operating position, and is placed in a controlled environment at a temperature of 100[deg] + 7[deg]-0 [deg]F (38[deg] + 4[deg]-0 [deg]C) with a relative humidity of not less than 90%. All drain holes, breathing devices, and other openings are set in their normal operation positions for all phases of the humidity test. S14.6.7.1.4 The headlamp is subjected to 24 consecutive 3-hour test cycles. In each cycle, the headlamp is energized for 1 hour at design voltage with the highest combination of filament wattages that are intended to be used, and then de-energized for 2 hours. If the headlamp incorporates a turn signal then the turn signal flashes at 90 flashes per minute with a 75% 2% current ``on-time.'' S14.6.7.1.5 Within 3 minutes after the completion of the 24th cycle, the air flow test will begin. The following procedure shall occur: the mounted assembly is removed, placed in an insulating box and covered with foam material so that there is no visible air space around the assembly; the box is closed, taken to the air flow test chamber, and placed within it. Inside the chamber, the assembly with respect to the air flow, is oriented in its design operating position. The assembly is positioned in the chamber so that the center of the lens is in the center of the opening of the air flow entry duct during the test. The headlamp has at least 3 inches clearance on all sides, and at least 4 inches to the entry and exit ducts at the closest points. If vent tubes are used which extend below the lamp body, the 3 inches are measured from the bottom of the vent tube or its protection. The temperature of the chamber is 73[deg] + 7[deg] - 0 [deg]F (23[deg] + 4[deg] - 0 [deg]C) with a relative humidity of 30% + 10% - 0%. The headlamp is not energized. S14.6.7.1.6 Before the test specified in paragraph S14.6.7.1.7 of this section, the uniformity of the air flow in the empty test chamber at a plane 4 inches downstream of the air entry duct is measured over a 4 inch square grid. The uniformity of air flow at each grid point is 10% of the average air flow specified in paragraph S14.6.7.1.7 of this section. S14.6.7.1.7 The mounted assembly in the chamber is exposed, for one hour, to an average air flow of 330 + 0 -30 ft/min as measured with an air velocity measuring probe having an accuracy of 3% in the 330 ft/min range. The average air flow is the average of the velocity recorded at six points around the perimeter of the lens. The six points are determined as follows: At the center of the lens, construct a horizontal plane. The first two points are located in the plane, 1 inch outward from the intersection of the plane and each edge of the lens. Then, trisect the distance between these two points and construct longitudinal vertical planes at the two intermediate locations formed by the trisection. The four remaining points are located in the vertical planes, one inch above the top edge of the lens, and one inch below the bottom edge of the lens. S14.6.7.1.8 After one hour, the headlamp is removed and inspected for moisture. S14.6.7.2 Performance requirements. After completion of the humidity test, the sample headlamp must show no evidence of interior delamination or moisture, fogging or condensation visible without magnification. S14.6.8 Vibration test. S14.6.8.1 Samples. The mounting bracket with a sample headlamp installed must not have a resonant frequency in the 10-55 Hz. range. S14.6.8.2 Procedure. The mounted sample headlamp is bolted to the anvil end of the table of the vibration test machine of Figure 21 and vibrated 750 cpm through a distance of \1/8\ in. The table is spring mounted at one end and fitted with steel calks on the underside of the other end. The table is of sufficient size to completely contain the test fixture base with no overhang. The calks are to make contact with the steel anvil once during each cycle at [[Page 423]] the completion of the fall. The rack is operated under a spring tension of 60 to 70 lb. The vibration is applied in the vertical axis of the headlamp as mounted on the vehicle. Bulb filaments are not energized during the test. The test is continued for 1 hour. S14.6.8.3 Performance requirements. After completion of the vibration test, there must be no evidence of loose or broken parts, other than filaments, visible without magnification. S14.6.9 Sealing test. S14.6.9.1 Procedure. S14.6.9.1.1 An unfixtured sample headlamp in its design mounting position is placed in water at a temperature of 176[deg] 5 [deg]F (80[deg] 3 [deg]C) for one hour. The headlamp is energized in its highest wattage mode, with the test voltage at 12.8 0.1 V during immersion. S14.6.9.1.2 The lamp is then de-energized and immediately submerged in its design mounting position into water at 32[deg] + 5[deg] -0 [deg]F (0[deg] + 3[deg] -0 [deg]C). The water is in a pressurized vessel, and the pressure is increased to 10 psi (70 kPa), upon placing the lamp in the water. The lamp must remain in the pressurized vessel for a period of thirty minutes. S14.6.9.1.3 This entire procedure is repeated for four cycles. S14.6.9.1.4 Then the lamp is inspected for any signs of water on its interior. During the high temperature portion of the cycles, the lamp is observed for signs of air escaping from its interior. S14.6.9.2 Performance requirements. After completion of the sealing test, a sample headlamp confirmed to be sealed need not meet the corrosion test, dust test, or humidity test of this Section. If any water is on the interior or air escapes, the lamp is not a sealed lamp. S14.6.10 Chemical resistance test of reflectors of replaceable lens headlamps test. S14.6.10.1 Procedure. S14.6.10.1.1 Test fluids. The three test fluids used in the chemical resistance test include; (a) Tar remover (consisting by volume of 45% xylene and 55% petroleum base mineral spirits); (b) Mineral spirits; and (c) Fluids other than water contained in the manufacturer's instructions for cleaning the reflector. S14.6.10.1.2 Fluid application. With a sample headlamp in the headlamp test fixture and the lens removed, the entire surface of the reflector that receives light from a headlamp light source is wiped once to the left and once to the right with a 6-inch square soft cotton cloth (with pressure equally applied) which has been saturated once in a container with 2 ounces of one of the test fluids listed in S14.6.10.1.1. The lamp is wiped within 5 seconds after removal of the cloth from the test fluid. S14.6.10.1.3 Test duration. After the headlamp has been wiped with the test fluid, it is stored in its designed operating attitude for 48 hours at a temperature of 73[deg] 7 [deg]F (23[deg] 4 [deg]C) and a relative humidity of 30% 10%. At the end of the 48-hour period, the headlamp is wiped clean with a soft dry cotton cloth and visually inspected. S14.6.10.2 Performance requirements. After completion of the chemical resistance test, the sample headlamp must have no surface deterioration, coating delamination, fractures, deterioration of bonding or sealing materials, color bleeding or color pickup visible without magnification and the headlamp must meet the requirements of the applicable photometry tests of Table XIX and Table XVIII. A \1/4\[deg] re-aim is permitted in any direction at any test point. S14.6.11 Corrosion resistance test of reflectors of replaceable lens headlamps test. S14.6.11.1 Procedure. S14.6.11.1.1 A sample headlamp with the lens removed, unfixtured and in its designed operating attitude with all drain holes, breathing devices or other designed openings in their normal operating positions, must be subjected to a salt spray (fog) test in accordance with ASTM B117-73, Method of Salt Spray (Fog) Testing (incorporated by reference, see 571.108 S5.2 of this title), for 24 hours, while mounted in the middle of the chamber. S14.6.11.1.2 Afterwards, the headlamp must be stored in its designed operating attitude for 48 hours at a temperature of 73[deg] 7 [deg]F (23[deg] 4 [deg]C) and a relative humidity of 30% 10% [[Page 424]] and allowed to dry by natural convection only. At the end of the 48-hour period, the reflector must be cleaned according to the instructions supplied with the headlamp manufacturer's replacement lens, and inspected. The lens and seal must then be attached according to these instructions and the headlamp tested for photometric performance. S14.6.11.2 Performance requirements. After the completion of the corrosion test, the sample headlamp must show no evidence of corrosion or rust visible without magnification on any part of the headlamp reflector that receives light from a headlamp light source, on any metal light or heat shield assembly, or on a metal reflector of any other lamp. The sample headlamp with the replacement lens installed must meet the requirements of the applicable photometry tests of Table XIX and Table XVIII. A \1/4\[deg] re-aim is permitted in any direction at any test point. S14.6.12 Inward force test. S14.6.12.1 Procedure. A sample headlamp mechanism, including the aiming adjusters, must be subjected to an inward force of 222 N directed normal to the headlamp aiming plane and symmetrically about the center of the headlamp lens face. S14.6.12.2 Performance requirements. After the completion of the inward force test, a sample headlamp must not permanently recede by more than 2.5 mm. The aim of the headlamp must not permanently deviate by more than 3.2 mm at a distance of 7.6 m. The aim of any headlamp that is capable of being mechanically aimed by externally applied aiming devices must not change by more than 0.30[deg]. S14.6.13 Torque deflection test. S14.6.13.1 Procedure. S14.6.13.1.1 The sample headlamp assembly is mounted in designed vehicle position and set at nominal aim (H = 0, V = 0). S14.6.13.1.2 A sealed beam headlamp, except Type G and Type H, is removed from its mounting and replaced by the applicable deflectometer. (Type C and Type D-Figure 18, Type A and Type E-Figure 16, Type B-Figure 17, and Type F-Figure 14). S14.6.13.1.3 Sealed beam headlamps Type G and Type H have the adapter of Figure 15 and the deflectometer of Figure 14 attached to the headlamp. S14.6.13.1.4 A torque of 2.25 Nm must be applied to the headlamp assembly through the deflectometer and a reading on the thumbwheel is taken. The torque must be removed and a second reading on the thumbwheel is taken. S14.6.13.1.5 Headlamps other than sealed beam headlamps must have the downward force used to create the torque applied parallel to the aiming reference plane, through the aiming pads, and displaced forward using a lever arm such that the force is applied on an axis that is perpendicular to the aiming reference plane and originates at the center of the aiming pad pattern (see Figure 3). S14.6.13.1.6 For headlamps using the aiming pad locations of Group I, the distance between the point of application of force and the aiming reference plane is not less than 168.3 mm plus the distance from the aiming reference plane to the secondary plane, if used. S14.6.13.1.7 For headlamps using the aiming pad locations of Group II, the distance between the point of application of force and the aiming reference plane is not less than 167.9 mm plus the distance to the secondary plane, if used. S14.6.13.1.8 For headlamps using the nonadjustable Headlamp Aiming Device Locating Plates for the 146 mm diameter, the 176 mm diameter, and the 92x150 mm sealed beam, the distance between the point of application of force and the aiming plane is not, respectively, less than 177.4 mm, 176.2 mm, and 193.7 mm. S14.6.13.2 Performance requirements. The aim of each sample headlamp must not deviate more than 0.30[deg] when the downward torque is removed. S14.6.14 Retaining ring test. S14.6.14.1 Procedure. A sample headlamp with the minimum flange thickness of: Type A-31.5 mm, Type B-10.1 mm, Type C-11.8 mm, Type D- 11.8 mm, Type E-31.5 mm, and Type F-8.6 mm, is secured between the appropriate mounting ring and retaining ring (mounting ring and aiming ring for Type F). S14.6.14.2 Performance requirements. The sample headlamp when secured per [[Page 425]] the procedure must be held tight enough that it will not rattle. S14.6.15 Headlamp connector test. S14.6.15.1 Procedure. A sample headlamp connected into the test circuit of Figure 4 has the power supply adjusted until 10 amperes DC are flowing through the circuit. The test is repeated for each filament circuit of the headlamp. S14.6.15.2 Performance requirements. The voltage drop, as measured in the test circuit of Figure 4, must not exceed 40 mv DC in any applicable filament circuit of the sample headlamp. S14.6.16 Headlamp wattage test. S14.6.16.1 Procedure. A sample headlamp that has been seasoned is energized so as to have 12.8v 20 mv DC applied across each filament circuit and the current flowing in each circuit is measured. S14.6.16.2 Performance requirements. The wattage of each filament circuit of the sample headlamp must not exceed the applicable value for that type of headlamp as shown in Table II. S14.6.17 Aiming adjustment test-laboratory. S14.6.17.1 Procedure. A sample headlamp is mounted in design position at nominal (H = 0, V = 0) aim with an accurate measuring device such as a spot projector or other equally accurate means attached. The headlamp is adjusted to the extremes of travel in each horizontal and vertical direction. S14.6.17.2 Performance requirements. Visually aimed lower beam headlamps without a VHAD are required not to have a horizontal adjustment mechanism and horizontal aim range requirements do not apply. S14.6.17.2.1 A sample sealed beam headlamp, other than a Type F, tested per the procedure must provide a minimum of 4.0[deg] adjustment range in both the vertical and horizontal planes and if equipped with independent vertical and horizontal aiming screws, the adjustment must be such that neither the vertical nor horizontal aim must deviate more than 100 mm from horizontal or vertical planes, respectively, at a distance of 7.6 m through an angle of 4.0[deg]. S14.6.17.2.2 A sample Type F sealed beam, integral beam, replaceable bulb, or combination headlamp tested per the procedure must provide a minimum of 4.0[deg] adjustment range in the vertical plane and 2.5[deg] in the horizontal plane and if equipped with independent vertical and horizontal aiming screws, the adjustment must be such that neither the vertical nor horizontal aim must deviate more than 100 mm from horizontal or vertical planes, respectively, at a distance of 7.6 m through an angle of 2.5[deg] and 4.0[deg], respectively. S14.6.17.2.3 A sample headlamp that is aimed by moving the reflector relative to the lens and headlamp housing, and vice versa must provide a minimum adjustment range in the vertical plane not less than the full range of the pitch on the vehicle on which it is installed and 2.5[deg] in the horizontal plane. S14.6.18 Aiming adjustment test-on vehicle. S14.6.18.1 Procedure. S14.6.18.1.1 A sample headlamp is mounted on the vehicle at nominal (H = 0, V = 0) aim with an accurate measuring device such as a spot projector or other equally accurate means attached. S14.6.18.1.2 The installed range of static pitch angle is, at a minimum, determined from unloaded vehicle weight to gross vehicle weight rating, and incorporates pitch angle effects from maximum trailer or trunk loadings, the full range of tire intermix sizes and suspensions recommended and/or installed by the vehicle manufacturer, and the anticipated effects of variable passenger loading. S14.6.18.1.3 The headlamp is adjusted to the extremes of travel in each horizontal and vertical direction. S14.6.18.2 Performance requirements. S14.6.18.2.1 A sample headlamp tested per the procedure must provide a minimum vertical adjustment range not less than the full range of pitch of the vehicle on which it is installed. S14.6.18.2.2 The vertical aim mechanism must be continuously variable over the full range. S14.6.18.2.3 The adjustment of one aim axis through its full on- vehicle range must not cause the aim of the other axis to deviate more than 0.76[deg]. If this performance is not achievable, the requirements of S10.18.3.1 apply, except that if the aiming mechanism is [[Page 426]] not a VHAD, the requirements specific to VHADs are not applicable, and the instruction must be specific to the aiming mechanism installed. S14.7 Replaceable light source physical test procedures and performance requirements. S14.7.1 Deflection test for replaceable light sources. S14.7.1.1 Procedure. S14.7.1.1.1 With the sample light source rigidly mounted in a fixture in a manner indicated in Figure 8, a force 4.0 0.1 pounds (17.8 0.4N) is applied at a distance ``A'' from the reference plane perpendicular to the longitudinal axis of the glass capsule and parallel to the smallest dimension of the pressed glass capsule seal. S14.7.1.1.2 The force is applied (using a rod with a hard rubber tip with a minimum spherical radius of .039 in [1 mm]) radially to the surface of the glass capsule in four locations in a plane parallel to the reference plane and spaced at a distance ``A'' from that plane. These force applications are spaced 90[deg] apart starting at the point perpendicular to the smallest dimension of the pressed seal of the glass capsule. S14.7.1.1.3. The bulb deflection is measured at the glass capsule surface at 180[deg] opposite to the force application. Distance ``A'' for a replaceable light source other than an HB Type is the dimension provided in accordance with appendix A of part 564 of this chapter, section I.A.1 if the light source has a lower beam filament, or as specified in section I.B.1 if the light source has only an upper beam filament. S14.7.1.2 Performance requirements. After completion of the deflection test, a sample light source must have no permanent deflection of the glass envelope exceeding 0.13 mm in the direction of applied force. S14.7.2 Pressure test for replaceable light sources. S14.7.2.1 Procedure. S14.7.2.1.1 The capsule, lead wires and/or terminals, and seal on each sample Type HB1, Type HB3, Type HB4, and Type HB5 light source, and on any other replaceable light source which uses a seal, is installed in a pressure chamber as shown in Figure 10 so as to provide an airtight seal. The diameter of the aperture in Figure 10 on a replaceable light source (other than an HB Type) must be that dimension furnished for such light source in compliance with appendix A or appendix B of part 564 of this chapter. S14.7.2.1.2 The light source is immersed in water for one minute while inserted in a cylindrical aperture specified for the light source, and subjected to an air pressure of 70 KPa (10 psig) on the glass capsule side. S14.7.2.2 Performance requirements. After completion of the pressure test, the sample light source with an airtight seal on the low pressure (connector side) must show no evidence of air bubbles on that side. S14.7.3 Replaceable light source power and flux measurement procedure. The measurement of maximum power and luminous flux that is submitted in compliance with section VII of appendix A of part 564 of this chapter, or section IV of appendix B of part 564 of this chapter, is made in accordance with this paragraph. S14.7.3.1 Seasoning. The filament or discharge arc is seasoned before measurement of either maximum power and luminous flux. S14.7.3.1.1 Resistive filament source. Seasoning of a light source with a resistive element type filament is made in accordance with this S14.2.5.4 of this standard. S14.7.3.1.2 Discharge source. For a light source using excited gas mixtures as a filament or discharge arc, seasoning of the light source system, including any ballast required for its operation, is made in accordance with section 4.0 of SAE Recommended Practice J2009 (1993) (incorporated by reference, see Sec. 571.5). S14.7.3.2 Test voltage. Measurements are made with a direct current test voltage of 12.8 v regulated within one quarter of one percent. S14.7.3.3 Luminous flux measurement. The measurement of luminous flux is made in accordance with IES LM 45 (incorporated by reference, see Sec. 571.5). S14.7.3.3.1 Resistive filament light source setup. Luminous flux measurements are made with the black cap installed on Type HB1, Type HB2, Type HB4, and Type HB5, and on any other [[Page 427]] replaceable light source so designed; and is with the electrical conductor and light source base shrouded with an opaque white cover, except for the portion normally located within the interior of the lamp housing. The measurement of luminous flux for the Types HB3 and HB4 is made with the base covered with a white cover as shown in the drawings for Types HB3 and HB4 filed in Docket No. NHTSA 98-3397. The white covers are used to eliminate the likelihood of incorrect lumen measurement that will occur should the reflectance of the light source base and electrical connector be low. S14.7.3.3.2 Discharge light source setup. With the test voltage applied to the ballast input terminals, the measurement of luminous flux is made with the black cap installed, if so designed, and is made with an opaque white colored cover, except for the portion normally located within the interior of the lamp housing. S14.8 Vehicle headlamp aiming devices (VHAD) physical test procedures and performance requirements. S14.8.1 Samples. The same VHAD and associated headlamp(s) or headlamp assembly must be rigidly mounted in a headlamp test fixture with the aiming plane horizontal and vertical and with the scale on the device set at 0. S14.8.2 Scale graduation test. S14.8.2.1 Procedure. Check each graduation on the horizontal and vertical aim scales. S14.8.2.2 Performance requirements. Scale graduation from correct aim must not exceed 0.2[deg] horizontally and 0.1[deg] vertically. S14.8.3 Cold scale graduation test. S14.8.3.1 Procedure. The VHAD and an unlighted headlamp assembly must then be stabilized at -7[deg] 3 [deg]C in a circulating air environmental test chamber for a 30 minute temperature soak. S14.8.3.2 Performance requirements. After completion of a 30 minute temperature soak the variation from correct aim shown by the sample VHAD must not exceed 0.2[deg] horizontally and 0.1[deg] vertically. S14.8.4 Hot scale graduation test. S14.8.4.1 Procedure. The VHAD and the headlamp assembly with its highest wattage filament, or combination of filaments intended to be used simultaneously, energized at its design voltage, is then stabilized at 38[deg] 3 [deg]C in a circulating air environmental test chamber for a 30 minute temperature soak. S14.8.4.2 Performance requirements. After completion of a 30 minute temperature soak the variation from correct aim shown by the sample VHAD must not exceed 0.2[deg] horizontally and 0.1[deg] vertically. S14.8.5 Thermal cycle test. S14.8.5.1 Procedure. The VHAD and an unlighted headlamp assembly are then placed in a circulating air environmental test chamber and exposed to a temperature of 60[deg] 3 [deg]C for 24 hours, followed by a temperature of -40[deg] 3 [deg]C for 24 hours, and are then permitted to return to room temperature. S14.8.5.2 Performance requirements. After completion of the thermal cycle test the variation from correct aim shown by the sample VHAD must not exceed 0.2[deg] horizontally and 0.1[deg] vertically and the VHAD and headlamp assembly must show no damage which would impair its ability to perform as specified in this standard. S14.8.6 Corrosion test. S14.8.6.1 Procedure. The VHAD and headlamp assembly are then tested according to the headlamp corrosion test of S14.6.3. S14.8.6.2 Performance requirements. After completion of the corrosion test the sample VHAD and headlamp must not have any observed corrosion that would result in the failure of any other applicable tests contained in this section. S14.8.7 Photometry test. S14.8.7.1 Procedure. The VHAD and headlamp assembly are then tested for photometric compliance according to the procedure of S14.2.5 and for replacement units per S10.18.8.4. S14.8.7.2 Performance requirements. The sample headlamp must comply with the applicable photometric requirements of Table XIX and Table XVIII and with replacement units installed per S10.18.8.4. S14.9 Associated equipment physical test procedures and performance requirements. S14.9.1 Turn signal operating unit durability test. [[Page 428]] S14.9.1.1 Power supply specifications. During the test, the unit is operated at 6.4 volts for 6 volt systems or 12.8 volts for 12 volt systems from a power supply meeting the following requirements: (a) An output current that is at least 10 times the load current; (b) Voltage regulation that allows a voltage change of less than 5%; (c) Ripple voltage of not more than 5%; (d) A response time of not more than 25 milliseconds rise time from 0 to rated current at rated voltage in a pure resistance circuit; and (e) An output impedance of not more than 0.005 ohms dc. S14.9.1.2 Procedure. S14.9.1.2.1 The sample unit is operated with the maximum bulb load it will experience on the vehicle on which it will be installed. Bulbs that fail during the test are replaced. The turn signal flasher is not to be included in the test circuit. When the unit includes a self- canceling means, the test equipment is arranged so that the unit will be turned ``off'' in its normal operating manner. S14.9.1.2.2 The test is conducted at a rate not to exceed 15 complete cycles per minute. One complete cycle consists of the following sequence: Off, left turn, off, right turn, and return to off. S14.9.1.2.3 The voltage drop from the input terminal of the device to each lamp output terminal, including 3 in of 16 or 18 gage wire, is measured at the start of the test, at intervals of not more than 25,000 cycles during the test, and at the completion of the test. S14.9.1.3 Performance requirements. S14.9.1.3.1 A turn signal operating unit is considered to have met the requirements of the durability test if it remains operational after completing at least 100,000 cycles, and the voltage drop between the input contact and any output contact, including required length of wire, does not exceed 0.25 volts. S14.9.1.3.2 A turn signal operating unit is considered to have met the requirements of the durability test if it remains operational after completing at least 175,000 cycles for a unit installed on a multipurpose passenger vehicle, truck, or bus 2032 mm or more in overall width, and the voltage drop between the input contact and any output contact, including required length of wire, does not exceed 0.25 volts. S14.9.1.3.3 If stop signals also operate through the turn signal operating unit, the voltage drop of any additional switch contacts must meet the same requirements as the turn signal contacts. S14.9.2 Vehicular hazard warning signal operating unit durability test. S14.9.2.1 Procedure. S14.9.2.1.1 The sample unit is operated at its rated voltage with the maximum bulb load it will experience on the vehicle on which it will be installed. Bulbs that fail during the test are replaced. The hazard warning signal flasher is not to be included in the test circuit. S14.9.2.1.2 The unit is turned ``on'' and ``off'' in its normal operating manner at a rate not to exceed 15 complete cycles per minute. One complete cycle consists of the sequence: Off, on, and return to off. The test consists of 10,000 cycles at an ambient temperature of 75[deg] 10 [deg]F followed by 1 hour constant ``on'' at the same temperature. S14.9.2.1.3 The voltage drop from the input terminal of the device to each lamp output terminal, including 3 in of 16 or 18 gage wire, is measured at the start of the test and at the completion of the test. S14.9.2.2 Performance requirements. A hazard warning signal operating unit is considered to have met the requirements of the durability test if it remains operational after completing 10,000 cycles and the 1 hour constant ``on'' and the voltage drop between the input contact and any output contact, including required length of wire, does not exceed 0.3 volts for either 6.4 or 12.8 line voltage both at the start and completion of the test. S14.9.3 Turn signal flasher and vehicular hazard warning signal flasher tests. S14.9.3.1 Standard test circuit. All turn signal flasher and vehicular hazard warning signal flasher tests use the standard test circuit of Figure 22. S14.9.3.1.1 Test circuit setup. S14.9.3.1.1.1 The effective series resistance in the total circuit between the power supply and the bulb sockets (excluding the flasher and bulb load(s) using shorting bars) is 0.10 0.01 ohm. [[Page 429]] S14.9.3.1.1.2 The circuit resistance at A-B of Figure 22 is measured with flasher and bulb load(s) each shorted out with an effective shunt resistance not to exceed 0.005 ohms. S14.9.3.1.1.3 The voltage to the bulbs at C-D of Figure 22 is adjusted to 12.8 volts (or 6.4 volts) with the flasher shorted out by an effective shunt resistance not to exceed 0.005 ohms. The load current is adjusted by simultaneously adjusting trimmer resistors, R. S14.9.3.1.1.4 For testing fixed-load flashers at other required voltages, adjust the power supply to provide required voltages, at the required temperatures, at C-D of Figure 22, without readjustment of trimming resistors, R. S14.9.3.1.1.5 For variable-load flashers, the circuit is first adjusted for 12.8 volts (or 6.4 volts) at C-D of Figure 22, with the minimum required load, and the power supply is adjusted to provide other required test voltages, at required temperatures, at C-D of Figure 22, without readjustment of trimming resistors, R (each such required voltage being set with the minimum required load in place). The required voltage tests with the maximum load are conducted without readjusting each corresponding power supply voltage, previously set with minimum bulb load. S14.9.3.1.1.6 A suitable high impedance measuring device connected to points X-Y in Figure 22 is used for measuring flash rate, percent current ``on'' time, and voltage drop across the flasher. The measurement of these quantities does not affect the circuit. S14.9.3.2 Power supply specifications. S14.9.3.2.1 Starting time, voltage drop, and flash rate and percent current ``on'' time tests. The power supply used in the standard test circuit for conducting the starting time, the voltage drop, and the flash rate and percent current ``on'' time tests must comply with the following specifications: (a) Must not generate any adverse transients not present in motor vehicles; (b) Be capable of supplying 11-16 vdc for 12 volt flashers and 5-9 vdc for 6 volt flashers to the input terminals of the standard test circuit; (c) Be capable of supplying required design current(s) continuously and inrush currents as required by the design bulb load complement; (d) Be capable of supplying an output voltage that does not deviate more than 2% with changes in the static load from 0 to maximum (not including inrush current) nor for static input line voltage variations; (e) Be capable of supplying an output voltage that does not deviate more than 1.0 vdc from 0 to maximum load (including inrush current) and must recover 63% of its maximum excursion within 100 [micro]sec; and (f) Have a ripple voltage of 75mv, peak to peak. S14.9.3.2.2 Durability tests. The power supply used in the standard test circuit for conducting durability tests must comply with the following specifications: (a) Must not generate any adverse transients not present in motor vehicles; (b) Be capable of supplying 13 vdc and 14 vdc for 12 volt flashers and 6.5 vdc and 7 vdc for 6 volt flashers to the input terminals of the standard test circuit; (c) Be capable of supplying a continuous output current of the design load for one flasher times the number of flashers and inrush currents as required by the design bulb load complement; (d) Be capable of supplying an output voltage that does not deviate more than 2% with changes in the static load from 0 to maximum (not including inrush current) and means must be provided to compensate for static input line voltage variations; (e) Be capable of supplying an output voltage that does not deviate more than 1.0 vdc from 0 to maximum load (including inrush current) and must recover 63% of its maximum excursion within 5 [micro]sec; and (f) Have a ripple voltage of 300 mv, peak to peak. S14.9.3.3 Turn signal flasher starting time test. S14.9.3.3.1 Samples. Twenty sample flashers chosen from random from fifty representative samples are subjected to a starting time test using the standard test circuit. S14.9.3.3.2 Procedure. [[Page 430]] S14.9.3.3.2.1 The test is conducted in an ambient temperature of 75 10 [deg]F with the design load (variable load flashers are tested with their minimum and their maximum design load) connected and the power source for the test circuit adjusted to apply design voltage at the bulbs. S14.9.3.3.2.2 The time measurement starts when the voltage is initially applied. Compliance is based on an average of three starts for each sample separated by a cooling interval of 5 minutes. S14.9.3.3.3 Performance requirements. The requirements of the starting time test are considered to have been met if 17 of 20 samples comply with the following: (a) A flasher having normally closed contacts must open (turn off) within 1.0 second for a device designed to operate two signal lamps, or within 1.25 seconds for a device designed to operate more than two lamps, or (b) A flasher having normally open contacts must complete the first cycle (close the contacts and then open the contacts) within 1.5 seconds. S14.9.3.4 Turn signal flasher voltage drop test. S14.9.3.4.1 Samples. The same twenty sample flashers used in the starting time test are subjected to a voltage drop test using the standard test circuit. S14.9.3.4.2 Procedure. S14.9.3.4.2.1 The test is conducted in an ambient temperature of 75 10 [deg]F with the design load (variable load flashers are tested with their maximum design load) connected and the power source for the standard test circuit adjusted to apply 12.8 volts or 6.4 volts at the bulbs according to the flasher rating. S14.9.3.4.2.2 The voltage drop is measured between the input and load terminals of the flasher during the ``on'' period after the flashers have completed at least five consecutive cycles. S14.9.3.4.3 Performance requirements. The requirements of the voltage drop test are considered to have been met if 17 of 20 samples comply with the lowest voltage drop across any flasher not exceeding 0.80 volt. S14.9.3.5 Turn signal flasher flash rate and percent current ``on'' time test. S14.9.3.5.1 Samples. The same twenty sample flashers used in the voltage drop test are subjected to a flash rate and percent of current ``on'' time test. S14.9.3.5.2 Procedure. S14.9.3.5.2.1 The test is conducted using the standard test circuit with the design load (variable load flashers are tested with their minimum and their maximum design load) connected and design voltage applied to the bulbs. S14.9.3.5.2.2 Compliance is determined using the following combinations of ambient temperature and bulb voltage: (a) 12.8 volts (or 6.4 volts) and 75[deg] 10 [deg]F, (b) 12.0 volts (or 6.0 volts) and 0[deg] 5 [deg]F, (c) 15.0 volts (or 7.5 volts) and 0[deg] 5 [deg]F, (d) 11.0 volts (or 5.5 volts) and 125[deg] 5 [deg]F, and (e) 14.0 volts (or 7.0 volts) and 125[deg] 5 [deg]F. S14.9.3.5.2.3 Flash rate and percent current ``on'' time are measured after the flashers have completed five consecutive cycles and are determined by an average of at least three consecutive cycles. S14.9.3.5.3 Performance requirements. The requirements of the flash rate and percent current ``on'' time test are considered to have been met if 17 of 20 samples comply with the following: (a) The performance of a normally closed type flasher must be within the unshaded portion of the polygon shown in Figure 2, or (b) The performance of a normally open type flasher must be within the entire rectangle including the shaded areas shown in Figure 2. S14.9.3.6 Turn signal flasher durability test. S14.9.3.6.1 Samples. Twenty sample flashers chosen from random from the thirty samples not used in the previous tests are subjected to a durability test. S14.9.3.6.2 Procedure. S14.9.3.6.2.1 Conformance of the samples to the starting time, voltage drop, and flash rate and percent of current ``on'' time tests (limited to the 12.8 volts or 6.4 volts and 75[deg] 10 [deg]F test condition only) is established. [[Page 431]] S14.9.3.6.2.2 The test is conducted on each sample with the design load (variable load flashers are tested with their maximum design load) connected and 14 volts or 7.0 volts, according to the flasher rating, applied to the input terminals of the standard test circuit. S14.9.3.6.2.3 The test cycle consists of 15 seconds on followed by 15 seconds off for a total time of 200 hours in an ambient temperature of 75[deg] 10 [deg]F. S14.9.3.6.3 Performance requirements. The requirements of the durability test are considered to have been met if, after completion, 17 of 20 samples comply with the performance requirements of the starting time, voltage drop, and flash rate and percent of current ``on'' time tests (limited to the 12.8 volts or 6.4 volts and 75[deg] 10 [deg]F test condition only) when tested in the standard test circuit with design load and 12.8 volts (or 6.4 volts) applied to the bulbs. S14.9.3.7 Vehicular hazard warning signal flasher starting time test. S14.9.3.7.1 Samples. Twenty sample flashers chosen from random from fifty representative samples are subjected to a starting time test using the standard test circuit. S14.9.3.7.2 Procedure. S14.9.3.7.2.1 The test is conducted test in an ambient temperature of 75[deg] 10 [deg]F with the minimum and maximum load connected and the power source for the test circuit adjusted to apply design voltage at the bulbs. S14.9.3.7.2.2 The time measurement starts when the voltage is initially applied. S14.9.3.7.3 Performance requirements. The requirements of the starting time test are considered to have been met if 17 of 20 samples comply with the following: (a) A flasher having normally closed contacts must open (turn off) within 1.5 seconds after the voltage is applied, or (b) A flasher having normally open contacts must complete the first cycle (close the contacts and then open the contacts) within 1.5 seconds after the voltage is applied. S14.9.3.8 Vehicular hazard warning signal flasher voltage drop test. S14.9.3.8.1 Samples. The same twenty sample flashers used in the starting time test are subjected to a voltage drop test using the standard test circuit. S14.9.3.8.2 Procedure. S14.9.3.8.2.1 The test is conducted in an ambient temperature of 75[deg] 10 [deg]F with the maximum design load connected and the power source for the test circuit adjusted to apply design voltage at the bulbs. S14.9.3.8.2.2 The voltage drop is measured between the input and load terminals of the flasher during the ``on'' period after the flashers have completed at least five consecutive cycles. S14.9.3.8.3 Performance requirements. The requirements of the voltage drop test are considered to have been met if 17 of 20 samples comply with the lowest voltage drop across any flasher must not exceed 0.8 volt. S14.9.3.9 Vehicular hazard warning signal flasher flash rate and percent ``on'' time test. S14.9.3.9.1 Samples. The same twenty sample flashers used in the voltage drop test are subjected to a flash rate and percent of current ``on'' time test. S14.9.3.9.2 Procedure. S14.9.3.9.2.1 The test is conducted using the standard test circuit by and applying loads of from two signal lamps to the maximum design loading including pilot indicator. S14.9.3.9.2.2 Compliance is determined using the following combinations of ambient temperature and bulb voltage: (a) 12.8 volts (or 6.4 volts) and 75[deg] 10 [deg]F, (b) 11.0 volts (or 5.5 volts) and 125[deg] 5 [deg]F, (c) 11.0 volts (or 5.5 volts) and 0[deg] 5 [deg]F, (d) 13.0 volts (or 6.5 volts) and 125[deg] 5 [deg]F, and (e) 13.0 volts (or 6.5 volts) and 0[deg] 5 [deg]F. S14.9.3.9.2.3 Flash rate and percent current ``on'' time are measured after the flashers have completed five consecutive cycles and are determined by an average of at least three consecutive cycles. S14.9.3.9.3 Performance requirements. The requirements of the flash rate and percent current ``on'' time test are considered to have been met if 17 of 20 samples comply with the following: (a) The performance of a normally closed type flasher must be within the [[Page 432]] unshaded portion of the polygon shown in Figure 2, or (b) The performance of a normally open type flasher must be within the entire rectangle including the shaded areas shown in Figure 2. S14.9.3.10 Vehicular hazard warning signal flasher durability test. S14.9.3.10.1 Samples. Twenty sample flashers chosen from random from the thirty samples not used in the previous tests are subjected to a durability test. S14.9.3.10.2 Procedure. S14.9.3.10.2.1 Conformance of the samples to the starting time, voltage drop, and flash rate and percent of current ``on'' time tests (limited to the 12.8 volts or 6.4 volts and 75[deg] 10 [deg]F test condition only) is established. S14.9.3.10.2.2 The test is conducted on each sample with the maximum design load connected and 13.0 volts (or 6.5 volts) applied to the input terminals of the standard test circuit. S14.9.3.10.2.3 The flasher is subjected to continuous flashing for a total time of 36 hours in an ambient temperature of 75[deg] 10 [deg]F. S14.9.3.10.3 Performance requirements. The requirements of the durability test are considered to have been met if, after completion, 17 of 20 samples comply with the performance requirements of the starting time, voltage drop, and flash rate and percent of current ``on'' time tests (limited to the 12.8 volts or 6.4 volts and 75[deg] 10 [deg]F test condition only) when tested in the standard test circuit with the power source adjusted to provide design voltage to the bulbs and with a minimum load of two signal lamp bulbs and the maximum design load, including pilot lamps, as specified by the manufacturer at an ambient temperature of 75[deg] 10 [deg]F. S14.9.3.11 Semiautomatic headlamp beam switching device tests. S14.9.3.11.1 Test conditions. All tests are conducted with 13 volts input to the device unless otherwise specified. S14.9.3.11.2 Sensitivity test. S14.9.3.11.2.1 Samples. The sample device is mounted in and operated in the laboratory in the same environment as that encountered on the vehicle, that is tinted glass, grille work, etc. S14.9.3.11.2.2 Procedure. S14.9.3.11.2.2.1 The sample device is adjusted for sensitivity in accordance with the manufacturer's instructions. It is exposed to a light source capable of providing a variable intensity of at least 1.5 cd to 150 cd at 100 feet from the sample device. S14.9.3.11.2.2.2 The device is switched to the lower beam mode in accordance with the ``dim'' limits specified and switched back to the upper beam mode in accordance with the ``hold'' limits specified for the specified test positions. S14.9.3.11.2.2.3 To provide more complete information on sensitivity throughout the required vertical and horizontal angles, a set of constant footcandle curves are made at ``dim'' sensitivities of 17, 25, and 100 cd at 100 ft. S14.9.3.11.2.3 Performance requirements. S14.9.3.11.2.3.1 Operating limits. ---------------------------------------------------------------------------------------------------------------- Test position (degrees) Dim (cd at 100 ft) Hold (cd at 100 ft) ---------------------------------------------------------------------------------------------------------------- H V...................................... Adjust to 15............... 1.5 min to 3.75 max. H 2L..................................... 25 max..................... 1.5 min. H 4L..................................... 40 max..................... 1.5 min. H 6L..................................... 75 max..................... 1.5 min. H 2R..................................... 25 max..................... 1.5 min. H 5R..................................... 150 max to 40 min.......... 1.5 min. 1D V..................................... 30 max..................... 1.5 min. 1U V..................................... 30 max..................... 1.5 min. ---------------------------------------------------------------------------------------------------------------- S14.9.3.11.2.3.2 There must be no sensitivity voids shown in the constant footcandle curves within the area limited by the test positions. S14.9.3.11.3 Voltage regulation test. S14.9.3.11.3.1 Procedure. S14.9.3.11.3.1.1 The sensitivity of the sample device is adjusted so that it complies with the sensitivity test. S14.9.3.11.3.1.2 The ``dim'' sensitivity is measured at the H-V test position at 11 volts input to the device and at 15 volts input to the device. [[Page 433]] S14.9.3.11.3.2 Performance requirements. The device must switch to the lower beam mode at between 8 (cd at 100 ft) and 25 (cd at 100 ft) with the input voltage at 11 volts and at 15 volts. S14.9.3.11.4 Manual override test. S14.9.3.11.4.1 Procedure. S14.9.3.11.4.1.1 The sensitivity of the sample device is adjusted so that it complies with the sensitivity test. S14.9.3.11.4.1.2 The device is exposed to a test light that causes it to switch to the lower beam mode. S14.9.3.11.4.1.3 The manufacturer's instructions are followed to cause the device to override the test light and switch to upper beam. S14.9.3.11.4.1.4 In a similar manner, the test light is extinguished to cause the device to switch to the upper beam mode. S14.9.3.11.4.1.5 Again the manufacturer's instructions are followed to cause the device to switch to lower beam. S14.9.3.11.4.2 Performance requirements. The device, when operated in accordance with the manufacturer's instructions, must switch to the opposite beam with the test light energized and with the test light extinguished. S14.9.3.11.5 Warmup test. S14.9.3.11.5.1 Procedure. S14.9.3.11.5.1.1 The sensitivity of the sample device is adjusted so that it complies with the sensitivity test and the test lamp extinguished. S14.9.3.11.5.1.2 The test lamp will then be energized at a level of 25 (cd at 100 ft) at the H-V position of the device and the time for the device to switch to lower beam is measured. S14.9.3.11.5.2 Performance requirements. If the warmup time of the device exceeds 10 seconds it shall maintain the headlamps on lower beam during warmup. S14.9.3.11.6 Temperature test. S14.9.3.11.6.1 Procedure. S14.9.3.11.6.1.1 The sample device is exposed for 1 hour in a temperature corresponding to that at the device mounting location. S14.9.3.11.6.1.2 For a device mounted in the passenger compartment or the engine compartment, the temperature is 210 [deg]F, mounted elsewhere, the temperature is 150 [deg]F. S14.9.3.11.6.1.3 After this exposure the H-V ``dim'' sensitivity of the sample device is measured over the temperature range of -30 [deg]F to + 100 [deg]F. S14.9.3.11.6.2 Performance requirements. The device must switch to the lower beam mode between 8 (cd at 100 ft) and 25 (cd at 100 ft) over the temperature range of -30 [deg]F to + 100 [deg]F. S14.9.3.11.7 Dust test. S14.9.3.11.7.1 Procedure. S14.9.3.11.7.1.1 The sensitivity of the sample device is adjusted so that it complies with the sensitivity test. S14.9.3.11.7.1.2 The device is then subjected to the dust test of S14.5.3. S14.9.3.11.7.1.3 At the conclusion of the dust exposure the lens of the device must be wiped clean and the H-V ``dim'' sensitivity of the sample device is measured. S14.9.3.11.7.2 Performance requirements. The device must switch to the lower beam mode between 8 (cd at 100 ft) and 25 (cd at 100 ft). S14.9.3.11.8 Corrosion test. S14.9.3.11.8.1 Procedure. S14.9.3.11.8.1.1 The sensitivity of the sample device is adjusted so that it complies with the sensitivity test. S14.9.3.11.8.1.2 All system components located outside the passenger compartment must be subjected to the corrosion test of S14.5.4 with the device not operating. S14.9.3.11.8.1.3 Water is not permitted to accumulate on any connector socket. S14.9.3.11.8.1.4 At the conclusion of the test the H-V ``dim'' sensitivity of the sample device must be measured. S14.9.3.11.8.2 Performance requirements. The sample device must switch to the lower beam mode between 8 (cd at 100 ft) and 25 (cd at 100 ft). S14.9.3.11.9 Vibration test. S14.9.3.11.9.1 Procedure. S14.9.3.11.9.1.1 The sensitivity of the sample device is adjusted so that it complies with the sensitivity test and the mechanical aim of the photounit determined. S14.9.3.11.9.1.2 The sample device must be mounted in proper vehicle position and subjected to vibration of 5g constant acceleration for \1/ 2\ hour in [[Page 434]] each of three directions: vertical; horizontal and parallel to the vehicle longitudinal axis; and horizontal and normal to the vehicle longitudinal axis. S14.9.3.11.9.1.3 The vibration frequency must be varied from 30 to 200 and back to 30 cycles per second over a period of approximately 1 minute. S14.9.3.11.9.1.4 The device must be operating during the test. S14.9.3.11.9.1.5 At the conclusion of the test the H-V ``dim'' sensitivity of the sample device and the mechanical aim of the photounit must be measured. S14.9.3.11.9.2 Performance requirements. S14.9.3.11.9.2.1 The sample device must switch to the lower beam mode between 8 (cd at 100 ft) and 25 (cd at 100 ft). S14.9.3.11.9.2.2 The mechanical aim of the device photounit must not have changed by more than 0.25[deg] from the initial value. S14.9.3.11.10 Sunlight test. S14.9.3.11.10.1 Procedure. S14.9.3.11.10.1.1 The sample device must be exposed for 1 hour in bright noonday sunlight (5000 fc minimum illumination with a clear sky) with the photounit aimed as it would be in service and facing an unobstructed portion of the horizon in the direction of the sun. S14.9.3.11.10.1.2 The device must then be rested for 1 hour in normal room light at room temperature and the H-V ``dim'' sensitivity of the sample device is measured. S14.9.3.11.10.2 Performance requirements. The sample device must switch to the lower beam mode between 8 (cd at 100 ft) and 25 (cd at 100 ft). S14.9.3.11.11 Durability test. S14.9.3.11.11.1 Procedure. S14.9.3.11.11.1.1 The sensitivity of the sample device is adjusted so that it complies with the sensitivity test. S14.9.3.11.11.1.2 The device photounit operated at a 13.0 input voltage on a cycle of 90 minutes on and 30 minutes off must be activated by a 60 cd light source at 100 ft, or equivalent, which is cycled on and off 4 times per minute for a period of 200 hours. S14.9.3.11.11.1.3 The device must then rest for 2 hours in a lighted area of 50 to 150 fc after which the H-V ``dim'' sensitivity must be measured. S14.9.3.11.11.2 Performance requirements. The sample device must switch to the lower beam mode between 8 (cd at 100 ft) and 25 (cd at 100 ft). S14.9.3.11.12 Return to upper beam test. S14.9.3.11.12.1 Procedure. S14.9.3.11.12.1.1 The sensitivity of the sample device is adjusted so that it complies with the sensitivity test. S14.9.3.11.12.1.2 The lens of the photounit must be exposed to light of 100 fc for 10 seconds. S14.9.3.11.12.2 Performance requirements. The sample device must switch to upper beam mode within 2 seconds after the 100 fc light is extinguished. S14.9.3.12 Test for compliance with adaptive driving beam photometry requirements. S14.9.3.12.1 Test scenarios. S14.9.3.12.1.1 Any of the scenarios specified in Table XXII and Figures 27, 28, 29, and 30 may be tested. Where a range of values is specified, the vehicle shall be able to meet the requirements at all values within the range. S14.9.3.12.1.2 Any speed that conforms to the speeds specified for that test scenario will be selected for the test vehicle. The vehicle will achieve and maintain this speed 0.45 m/s (1 mph) prior to reaching, and then throughout, the measurement distance range specified for that scenario. Once the test speed is achieved and maintained, no sudden steering inputs, acceleration, braking, or anything that causes a change in vehicle pitch that affects the results of the test shall occur. S14.9.3.12.1.3 For test scenarios involving curves, any radius within the allowable range specified for that test scenario may be selected. The curve shall nominally consist of a constant radius path and be referenced to the headlighting system midpoint. The actual path of the test vehicle shall not deviate from the nominal path by more than 0.5 m throughout the measurement distance range. S14.9.3.12.1.4 The test vehicle shall be driven within the lane and will not change lanes. S14.9.3.12.1.5 The measurement distance is the linear distance measured [[Page 435]] from the headlighting system midpoint to the most forward point of the relevant photometric receptor head mounted on the test fixture. S14.9.3.12.1.6 The illuminance values for each photometer, the instantaneous pitch of the test vehicle, and the measurement distance shall be recorded and synchronized throughout the measurement distance range specified for that scenario. S14.9.3.12.2 Compliance criteria. The maximum calculated illuminance for each measurement distance interval specified in Table XXI that is applicable to the scenario being tested, as determined according to S14.9.3.12.2.1, shall not exceed the applicable maximum illuminance listed in Table XXI. S14.9.3.12.2.1 The maximum calculated illuminance for each measurement distance interval specified in Table XXI that is applicable to the scenario being tested will be the highest illuminance recorded in that distance interval, excluding any illuminance value(s) that meet any of the following conditions: (a) A single illuminance value exceeding the applicable maximum illuminance in Table XXI (i.e., the illuminance value is not immediately preceded or followed by an illuminance value exceeding the applicable maximum illuminance); or (b) consecutive illuminance values occurring over a span of no more than 0.1 seconds exceeding the applicable maximum illuminance in Table XXI; or (c) any illuminance values collected while the vehicle pitch exceeds the average pitch recorded throughout the entire measurement distance range specified for that scenario in Table XXII by more than 0.3 degrees. S14.9.3.12.3 Stimulus test fixtures. Testing shall be conducted using the stimulus test fixtures specified in this section and Figures 23 through 26. S14.9.3.12.3.1 Headlamps. The headlamps specified in Fig. 23 (Opposite Direction Car/Truck) shall be a right- and left-hand 2018 Ford F-150 Halogen headlamp (part  KL3Z13008C KL3Z13008D) using any replaceable light source designated for use in the system and, separately, a right- and left-hand 2018 Toyota Camry LED headlamp (part  8111006C40/8115006C40). The headlamps specified in Fig. 25 (Opposite Direction Motorcycle) shall be a 5.75-inch round headlamp kit from a 2018 Harley Davidson Sportster (part 68297-05B) using an HB2 replaceable light source. Each headlamp shall energize the lower beam only, powered at 12.8 volts DC 500 mV when measured at the lamp terminals, and shall have been energized for a minimum of 5 minutes before each test trial. The measurement locations specified in Figures 23 and 25 shall be measured to the optical axis marking of the headlamps. S14.9.3.12.3.2 Taillamps. The taillamps specified in Fig. 24 (Same Direction Car/Truck) shall be a right and left-hand 2018 Ford F-150 incandescent rear combination lamp (part  JL3Z13405H/JL3Z13404H) and, separately, a right and left-hand 2018 Toyota Camry rear combination lamp (part  81550-06730/81560-06730). The taillamps specified in Fig. 26 (Same Direction Motorcycle) shall be a 2018 Harley Davidson Roadster layback LED taillamp assembly (part 67800355). The taillamps shall be powered at 12.8 volts DC 500 mV when measured at the lamp terminals and shall have been energized for a minimum of 5 minutes before each test trial. The measurement locations specified in Figures 24 and 26 shall be measured to the center of the taillamp. S14.9.3.12.3.3 Photometers. Photometers must be capable of a minimum measurement unit of 0.01 lux. The color response of the photometer must be corrected to that of the 1931 CIE Standard Observer (2-degree) Photopic Response Curve, as shown in the CIE 1931 Chromaticity Diagram (incorporated by reference, see Sec. 571.5), with a cosine correction characteristic within 3%. The photometer lenses on the test fixture shall be clean and free from dirt and debris, and the photometers will be zero-calibrated for each test to account for ambient light. The illuminance values from the photometers shall be collected at a rate of at least 100 Hz and a maximum 25-degree angle of incidence. S14.9.3.12.3.4 The projection of the fixture lamp's optical axis onto the road surface shall be parallel to a tangent of the road edge at the location of the photometer. [[Page 436]] S14.9.3.12.3.5 The test fixture shall be centered in the lane. S14.9.3.12.4 Test vehicle preparation. S14.9.3.12.4.1 Tires on the test vehicle shall be inflated to the manufacturer's recommended cold inflation pressure 7 kPa (1 psi). If more than one recommendation is provided, the tires are inflated to the cold inflation pressure 7 kPa (1 psi) that corresponds to the lowest loaded condition listed. S14.9.3.12.4.2 Before initiating testing, if the test vehicle is equipped with a fuel tank it shall be filled to approximately 100% of capacity with the appropriate fuel and maintained to at least 75% capacity throughout the testing. S14.9.3.12.4.3 Headlamps on the test vehicle shall be aimed according to the vehicle manufacturer's instructions. The test vehicle shall be loaded within 5 kg of the total vehicle weight during track testing prior to aiming the adaptive driving beam headlamps. S14.9.3.12.4.4 The adaptive driving beam system shall be adjusted according to the manufacturer's instructions. S14.9.3.12.4.5 To the extent practicable, adaptive driving beam system sensors and the windshield on the test vehicle (if an adaptive driving beam system sensor is behind the windshield) shall be clean and free of dirt and debris. S14.9.3.12.4.6 The headlamp lenses of the test vehicle shall be clean and free from dirt and debris. S14.9.3.12.4.7 The adaptive driving beam system shall be activated according to the manufacturer's instructions and all other independently controlled lamps, such as fog lamps, shall be turned off. S14.9.3.12.5 Test road S14.9.3.12.5.1 The test road shall have a longitudinal grade (slope) that does not exceed 2%. S14.9.3.12.5.2 The lane width shall be any width from 3.05 m (10 ft) to 3.66 m (12 ft). S14.9.3.12.5.3 The lanes shall be adjacent to one another. S14.9.3.12.5.4 The tests are conducted on a uniform, solid-paved surface. S14.9.3.12.5.5 The test road surface may be concrete or asphalt and shall not be bright white. S14.9.3.12.5.6 The test road surface may have pavement markings but shall be free of retroreflective material or elements that affect the outcome of the test. S14.9.3.12.6 Other test parameters and conditions S14.9.3.12.6.1 Testing shall be conducted on dry pavement and with no precipitation. S14.9.3.12.6.2 Testing shall be conducted when the ambient illumination at the test road as recorded by the photometers is at or below 0.2 lux. S14.9.3.12.6.3 Photometer data signals shall be passed through a low-pass filter with a cutoff frequency of 35 Hz. [[Page 437]] Table I-a--Required Lamps and Reflective Devices ---------------------------------------------------------------------------------------------------------------- Lighting device Number and color Mounting location Mounting height Device activation ---------------------------------------------------------------------------------------------------------------- All Passenger Cars, Multipurpose Passenger Vehicles (MPV), Trucks, and Buses ---------------------------------------------------------------------------------------------------------------- Lower Beam Headlamps........... White, of a On the front, at Not less than The wiring harness or headlighting the same height, 55.9 cm nor more connector assembly of system listed in symmetrically than 137.2 cm. each headlighting Table II. about the system must be vertical designed so that only centerline, as those light sources far apart as intended for meeting practicable. lower beam photometrics are energized when the beam selector switch is in the lower beam position, and that only those light sources intended for meeting upper beam photometrics are energized when the beam selector switch is in the upper beam position, except for certain systems listed in Table II and semiautomatic headlamp beam switching devices certified to S9.4.1.6. Steady burning, except that may be flashed for signaling purposes or (for semiautomatic headlamp beam switching devices certified to S9.4.1.6) vary in intensity for adaptive driving beam functionality. Upper Beam Headlamps........... White, of a On the front, at Not less than 22 headlighting the same height, inches (55.9 cm) system listed in symmetrically nor more than 54 Table II. about the inches (137.2 vertical cm). centerline, as far apart as practicable. Turn Signal Lamps.............. 2 Amber.......... At or near the Not less than 15 Flash when the turn front, at the inches, nor more signal flasher is same height, than 83 inches. actuated by the turn symmetrically signal operating about the unit. vertical centerline, as far apart as practicable. 2 Amber or red On the rear, at Truck tractor the same height, exception, see symmetrically S6.1.1.3. about the vertical centerline, as far apart as practicable. Taillamps...................... 2 Red............ On the rear, at Not less than 15 Steady burning. Must the same height, inches, nor more be activated when the symmetrically than 72 inches. headlamps are about the activated in a steady vertical burning state or the centerline, as parking lamps on far apart as passenger cars and practicable. MPVs, trucks, and buses less than 80 inches in overall width are activated. May be activated when the headlamps are activated at less than full intensity as Daytime Running Lamps (DRL). Stop Lamps..................... 2 Red............ On the rear, at Not less than 15 Steady burning. the same height, inches, nor more Must be activated upon symmetrically than 72 inches. application of the about the service brakes. When vertical optically combined centerline, as with a turn signal far apart as lamp, the circuit practicable. must be such that the stop signal cannot be activated if the turn signal lamp is flashing. May also be activated by a device designed to retard the motion of the vehicle. [[Page 438]] Side Marker Lamps.............. 2 Amber.......... On each side as Not less than 15 Steady burning except far to the front inches. may be flashed for as practicable. signaling purposes. Must be activated when the headlamps are activated in a steady burning state or the parking lamps on passenger cars and MPVs, trucks, and buses less than 80 inches in overall width are activated. 2 Red (not On each side as required on far to the rear truck tractor). as practicable. Reflex Reflectors.............. 2 Amber.......... On each side as Not less than 15 Not applicable. far to the front inches, nor more as practicable. than 60 inches. 2 Red (not On each side as required on far to the rear truck tractor).. as practicable. 2 Red............ On the rear, at the same height, symmetrically about the vertical centerline, as far apart as practicable. On a truck tractor may be mounted on the back of the cab not less than 4 inches above the height of the rear tires. Backup Lamp.................... 1 White On the rear...... No requirement... Steady burning. Additional lamps Must be activated when permitted to the ignition switch meet is energized and requirements. reverse gear is engaged. Must not be energized when the vehicle is in forward motion. License Plate Lamp............. 1 White On the rear to No requirement... Steady burning. Additional lamps illuminate Must be activated when permitted to license plate the headlamps are meet from top or activated in a steady requirements. sides. burning state or when the parking lamps on passenger cars and MPVs, trucks, and buses less than 80 inches in overall width are activated. ---------------------------------------------------------------------------------------------------------------- Additional Lamps Required on All Passenger Cars, and on Multipurpose Passenger Vehicles (MPV), Trucks, and Buses, Less Than 2032 MM in Overall Width ---------------------------------------------------------------------------------------------------------------- Parking lamps.................. 2 Amber or white. On the front, at Not less than 15 Steady burning. the same height, inches, nor more Must be activated when symmetrically than 72 inches. the headlamps are about the activated in a steady vertical burning state. centerline, as far apart as practicable. ---------------------------------------------------------------------------------------------------------------- Additional Lamp(s) Required on All Passenger Cars, and on Multipurpose Passenger Vehicles (MPV), Trucks, and Buses, Less Than 2032 MM in Overall Width and With a GVWR of 10,000 Lbs or Less ---------------------------------------------------------------------------------------------------------------- High mounted stop lamp......... 1 Red, or 2 red On the rear Not less than 34 Steady burning. where exceptions including inches except Must only be activated apply. See glazing, with for passenger upon application of Section 6.1.1.2. the lamp center cars. See the service brakes or on the vertical Section 6.1.4.1. may be activated by a centerline as device designed to viewed from the retard the motion of rear. the vehicle. ---------------------------------------------------------------------------------------------------------------- [[Page 439]] Additional Lamps and Reflective Devices Required on All Passenger Cars, Multipurpose Passenger Vehicles (MPV), Trucks, and Buses, 30 Feet or Longer ---------------------------------------------------------------------------------------------------------------- Intermediate side marker lamps. 2 Amber.......... On each side Not less than 15 Steady burning except located at or inches. may be flashed for near the signaling purposes. midpoint between Must be activated when the front and the headlamps are rear side marker activated in a steady lamps. burning state or when the parking lamps on passenger cars and MPVs, trucks, and buses less than 80 inches in overall width are activated. Intermediate side reflex 2 Amber.......... On each side Not less than 15 Not applicable. reflectors. located at or inches, nor more near the than 60 inches. midpoint between the front and rear side reflex reflectors. ---------------------------------------------------------------------------------------------------------------- Additional Lamps Required on All Multipurpose Passenger Vehicles (MPV), Trucks, and Buses, 2032 MM or More in Overall Width ---------------------------------------------------------------------------------------------------------------- Clearance lamps................ 2 Amber.......... On the front to As near the top Steady burning. indicate the as practicable. overall width of the vehicle, or width of cab on truck tractor, at the same height, symmetrically about the vertical centerline. May be located at a location other than the front if necessary to indicate the overall width of the vehicle, or for protection from damage during normal operation of the vehicle. 2 Red............ On the rear to As near the top Steady burning. (not required on indicate the as practicable, truck tractor). overall width of except where the the vehicle, at rear the same height, identification symmetrically lamps are about the mounted at the vertical extreme height centerline. of the vehicle.. May be located at Practicability of a location other locating lamps than the rear if on the vehicle necessary to header is indicate the presumed when overall width of the header the vehicle, or extends at least for protection 25 mm (1 inch) from damage above the rear during normal doors. operation of the vehicle. Identification lamps........... 3 Amber.......... On the front, at As near the top Steady burning. the same height, of the vehicle as close as or top of the practicable to cab as the vertical practicable. centerline, with lamp centers spaced not less than 6 inches or more than 12 inches apart. [[Page 440]] 3 Red (not On the rear, at As near the top Steady burning. required on the same height, as practicable. truck tractor). as close as Practicability of practicable to locating lamps the vertical on the vehicle centerline, with header is lamp centers presumed when spaced not less the header than 6 inches or extends at least more than 12 25 mm (1 inch) inches apart. above the rear doors. ---------------------------------------------------------------------------------------------------------------- Additional Lamps Required on All School Buses Except Multifunction School Activity Buses ---------------------------------------------------------------------------------------------------------------- Signal warning lamps........... 2 Red plus 2 On the front of As high as Flashing alternately amber optional. the cab as far practicable but between 60 to 120 apart as at least above cycles per minute, practicable, but the windshield. with an activation in no case shall period sufficient to the spacing allow the lamp to between lamps be reach full less than 40 brightness, when inches. actuated by a manual Amber lamps, when switch. installed, at Amber lamps, when the same height installed, may only as and just be activated by inboard of the manual or foot red lamp. operation, and must be automatically deactivated and the red lamps must be automatically activated when the bus entrance door is opened. 2 Red plus 2 On the rear cab As high as Flashing alternately amber optional. as far apart as practicable but between 60 to 120 practicable, but at least above cycles per minute, in no case shall the top of any with an activation the spacing side window period sufficient to between lamps be opening. allow the lamp to less than 40 reach full inches. brightness, when Amber lamps, when actuated by a manual installed, at switch. the same height Amber lamps, when as and just installed, may only inboard of the be activated by red lamp. manual or foot operation, and must be automatically deactivated and the red lamps must be automatically activated when the bus entrance door is opened. ---------------------------------------------------------------------------------------------------------------- Daytime Running Lamps Permitted But Not Required on Passenger Cars, Multipurpose Passenger Vehicles (MPV), Trucks, and Buses ---------------------------------------------------------------------------------------------------------------- Daytime running lamp (DRL)..... 2 identically On the front, Not more than Steady burning. colored either symmetrically 1.067 meters Automatically white, white to disposed about above the road activated as yellow, white to the vertical surface if not a determined by the selective centerline if pair of lamps vehicle manufacturer yellow, not a pair of required by this and automatically selective lamps required standard or if deactivated when the yellow, or by this standard not optically headlamp control is yellow. or if not combined with a in any ``on'' optically pair of lamps position. combined with a required by this Each DRL optically pair of lamps standard. combined with a turn required by this See S7.10.13(b) signal lamp must be standard. for additional automatically height deactivated as a DRL limitation. when the turn signal lamp or hazard warning lamp is activated, and automatically reactivated as a DRL when the turn signal lamp or hazard warning lamp is deactivated. See S7.10.10.1(c) for additional activation requirements when mounted close to, or combined with, a turn signal lamp. ---------------------------------------------------------------------------------------------------------------- [[Page 441]] Table I-b--Required Lamps and Reflective Devices ---------------------------------------------------------------------------------------------------------------- Lighting device Number and color Mounting location Mounting height Device activation ---------------------------------------------------------------------------------------------------------------- ALL TRAILERS ---------------------------------------------------------------------------------------------------------------- Turn Signal Lamps.............. 2 Red or amber... On the rear, at the Not less than 15 Flash when the same height, inches, nor more turn signal symmetrically about than 83 inches. flasher is the vertical actuated by the centerline, as far turn signal apart as practicable. operating unit. Taillamps...................... 2 Red or 1 red on On the rear, at the Not less than 15 Steady burning. trailers less same height, inches, nor more than 30 inches symmetrically about than 72 inches. wide. the vertical centerline, as far apart as practicable. When a single lamp is installed it must be mounted at or near the vertical centerline. Stop Lamps..................... 2 Red, or 1 red On the rear, at the Not less than 15 Steady burning. on trailers less same height, inches, nor more Must be activated than 30 inches symmetrically about than 72 inches. upon application wide. the vertical of the service centerline, as far brakes. apart as practicable. When optically When a single lamp is combined with a installed it must be turn signal mounted at or near lamp, the the vertical circuit must be centerline. such that the stop signal cannot be activated if the turn signal lamp is flashing. May also be activated by a device designed to retard the motion of the vehicle. Side Marker Lamps.............. 2 Amber.......... On each side as far to Not less than 15 Steady burning None required on the front as inches. except may be trailers less practicable exclusive flashed for than 1829 mm [6 of the trailer tongue. signaling ft] in overall purposes. length including the trailer tongue. -------------------------------------------------------------- 2 Red............ On each side as far to Not less than 15 the rear as inches. Not more practicable. than 60 inches on trailers 2032 mm or more in overall width. Reflex Reflectors. A trailer 2 Amber.......... On each side as far to Not less than 15 Not applicable. equipped with a conspicuity None required on the front as inches, nor more treatment in conformance with trailers less practicable exclusive than 60 inches. S8.2 of this standard need not than 1829 mm [6 of the trailer tongue. be equipped with reflex ft] in overall reflectors if the conspicuity length including material is placed at the the trailer locations of the required tongue. reflex reflectors. 2 Red............ On each side as far to the rear as practicable. 2 Red or 1 red on On the rear, at the trailers less same height, than 30 inches symmetrically about wide. the vertical centerline, as far apart as practicable. When a single reflector is installed it must be mounted at or near the vertical centerline.. [[Page 442]] License Plate Lamp............. 1 White.......... On the rear to No requirement... Steady burning. Additional lamps illuminate license permitted to plate from top or meet sides. requirements. ---------------------------------------------------------------------------------------------------------------- Additional Lamps and Reflective Devices Required on all Trailers 30 Feet or Longer ---------------------------------------------------------------------------------------------------------------- Intermediate side marker lamps. 2 Amber.......... On each side located Not less than 15 Steady burning at or near the inches. except may be midpoint between the flashed for front and rear side signaling marker lamps. purposes. Intermediate side reflex 2 Amber.......... On each side located Not less than 15 Not applicable. reflectors. at or near the inches, nor more A trailer equipped with a midpoint between the than 60 inches. conspicuity treatment in front and rear side conformance with S8.2 of this reflex reflectors. standard need not be equipped with reflex reflectors if the conspicuity material is placed at the locations of the required reflex reflectors. ---------------------------------------------------------------------------------------------------------------- Additional Lamps Required on all Trailers 2032 MM or More in Overall Width ---------------------------------------------------------------------------------------------------------------- Clearance lamps................ 2 Amber.......... On the front to As near the top Steady burning. indicate the overall as practicable. width of the vehicle, at the same height, symmetrically about the vertical centerline. May be located at a location other than the front if necessary to indicate the overall width of the vehicle, or for protection from damage during normal operation of the vehicle. 2 Red............ On the rear to As near the top Steady burning. indicate the overall as practicable, width of the vehicle, except where the at the same height, rear symmetrically about identification the vertical lamps are centerline. mounted at the May be located at a extreme height location other than of the vehicle. the rear if necessary Practicability to indicate the of locating overall width of the lamps on the vehicle, or for vehicle header protection from is presumed when damage during normal the header operation of the extends at least vehicle. 25 mm (1 inch) above the rear doors. 2 Amber to front On a boat trailer the As near the top Steady burning. and red to rear. requirement for front as practicable. and rear clearance lamps may be met by installation at or near the midpoint on each side of a dual facing lamp so as to indicate the extreme width. May be located at a location other than the front and the rear if necessary to indicate the overall width of the vehicle, or for protection from damage during normal operation of the vehicle. [[Page 443]] Identification lamps........... 3 Red............ On the rear, at the As near the top Steady burning. same height, as close as practicable. as practicable to the Practicability of vertical centerline, locating lamps with lamp centers on the vehicle spaced not less than header is 6 inches or more than presumed when 12 inches apart. the header extends at least 25 mm (1 inch) above the rear doors. ---------------------------------------------------------------------------------------------------------------- Table I-c--Required Lamps and Reflective Devices ---------------------------------------------------------------------------------------------------------------- Lighting device Number and color Mounting location Mounting height Device activation ---------------------------------------------------------------------------------------------------------------- All Motorcycles ---------------------------------------------------------------------------------------------------------------- Lower Beam Headlamps........... White, of a On the front, at Not less than 22 The wiring harness or headlighting the same height, inches (55.9 cm) connector assembly of system listed in symmetrically nor more than 54 each headlighting S10.17. about the inches (137.2 system must be vertical cm). designed so that only centerline, as those light sources far apart as intended for meeting practicable. See lower beam additional photometrics are requirements in energized when the S10.17.1.1, beam selector switch S10.17.1.2, and is in the lower beam S10.17.1.3. position, and that only those light sources intended for meeting upper beam photometrics are energized when the beam selector switch is in the upper beam position, except for certain systems listed in Table II and semiautomatic headlamp beam switching devices certified to S9.4.1.6. Steady burning, except that may be flashed for signaling purposes or (for semiautomatic headlamp beam switching devices certified to S9.4.1.6) vary in intensity for adaptive driving beam functionality. The upper beam or the lower beam, but not both, may be wired to modulate from a higher intensity to a lower intensity in accordance with S10.17.5. Upper Beam Headlamps........... White, of a On the front, at Not less than headlighting the same height, 55.9 cm nor more system listed in symmetrically than 137.2 cm. S10.17. about the vertical centerline, as far apart as practicable. See additional requirements in S10.17.1.1, S10.17.1.2, and S10.17.1.3. The upper beam or the lower beam, but not both, may be wired to modulate from a higher intensity to a lower intensity in accordance with S10.17.5 [[Page 444]] Turn Signal Lamps.............. 2 Amber. None At or near the Not less than 15 Flash when the turn required on a front, at the inches, nor more signal flasher is motor driven same height, than 83 inches. actuated by the turn cycle whose symmetrically signal operating speed attainable about the unit. in 1 mile is 30 vertical mph or less. centerline, and having a minimum horizontal separation distance (centerline of lamps) of 16 inches. Minimum edge to edge separation distance between a turn signal lamp and headlamp is 4 inches. 2 Amber or red. At or near the None required on rear, at the a motor driven same height, cycle whose symmetrically speed attainable about the in 1 mile is 30 vertical mph or less. centerline, and having a minimum horizontal separation distance (centerline to centerline of lamps) of 9 inches. Minimum edge to edge separation distance between the turn signal lamp and the taillamp or stop lamp is 4 inches, when a single stop and taillamp is installed on the vertical centerline and the turn signal lamps are red. Taillamps...................... 1 Red............ On the rear, on Not less than 15 Steady burning. the vertical inches, nor more centerline than 72 inches. except that if two are used, they must be symmetrically disposed about the vertical centerline. Must be activated when the headlamps are activated in a steady burning state. Stop Lamps..................... 1 Red............ On the rear, on Not less than 15 Steady burning. the vertical inches, nor more centerline than 72 inches. except that if two are used, they must be symmetrically disposed about the vertical centerline. Must be activated upon application of the service brakes. When optically combined with a turn signal lamp, the circuit must be such that the stop signal cannot be activated if the turn signal lamp is flashing. May also be activated by a device designed to retard the motion of the vehicle. [[Page 445]] Reflex Reflectors.............. 2 Amber.......... On each side as Not less than 15 Not applicable. far to the front inches, nor more as practicable. than 60 inches. 2 Red............ On each side as far to the rear as practicable. 1 Red............ On the rear, on the vertical centerline except that, if two are used on the rear, they must be symmetrically disposed about the vertical centerline. License Plate Lamp............. 1 White.......... On the rear to No requirement... Steady burning. illuminate license plate. Additional lamps ................. ................. Must be activated when permitted to the headlamps are meet activated in a steady requirements. burning state. ---------------------------------------------------------------------------------------------------------------- [[Page 446]] [GRAPHIC] [TIFF OMITTED] TR04DE07.000 [[Page 447]] Table II-b--Headlighting Systems--Combination ---------------------------------------------------------------------------------------------------------------- Photometry requirements reference ------------------------------------------------------------------ System Table XVIII Tables XIX-a, XIX-b, XIX-c System designation composition ------------------------------------------------------------------ Upper beam mechanical and Lower beam mech Lower beam visual visual aim aim aim ---------------------------------------------------------------------------------------------------------------- 2 LAMP SYSTEM............... A COMBINATION UB2 \(1)\................. LB2M \(1)\..... LB2V \(1)\ OF TWO DIFFERENT HEADLAMPS CHOSEN FROM; TYPE F, AN INTEGRAL BEAM HEADLAMP, OR A REPLACEABLE BULB HEADLAMP. 4 LAMP SYSTEM............... ANY COMBINATION UB1....................... LB1M \(2)\..... LB1V \(2)\ OF FOUR DIFFERENT HEADLAMPS CHOSEN FROM; TYPE F, AN INTEGRAL BEAM HEADLAMP \(3)\, OR A REPLACEABLE BULB HEADLAMP. ---------------------------------------------------------------------------------------------------------------- \(1)\ Headlamps designed to conform to the photometry requirements of UB2 and LB2M or LB2V may allow the lower beam light source(s) to remain activated when an upper beam light source is activated if the lower beam light source(s) contribute to upper beam photometric compliance. \(2)\ Lower beams may remain activated when upper beams are activated. \(3)\ Beam contributor photometric allocation formula of S14.2.5.9 may apply. Table II-c--Headlighting Systems--Integral Beams ---------------------------------------------------------------------------------------------------------------- Photometry requirements reference ------------------------------------------------------------------ Beam Table XVIII Tables XIX-a, XIX-b, XIX-c System designation composition ------------------------------------------------------------------ Upper beam mechanical and Lower beam mech Lower beam visual visual aim aim aim ---------------------------------------------------------------------------------------------------------------- 2 LAMP SYSTEM............... UPPER BEAM & UB2 \(1)\ OR UB3.......... LB2M \(1)\ OR LB2V \(1)\ OR LB3V LOWER BEAM. LB3M. 4 LAMP SYSTEM............... UPPER BEAM..... UB4....................... N.A............ N.A. UPPER BEAM & UB5....................... LB4M........... LB2V LOWER BEAM. 4 LAMP SYSTEM............... UPPER BEAM (U). UB1....................... N.A............ N.A. LOWER BEAM (L). N.A. \(2)\................ LB1M \(2)\..... LB1V \(2)\ 4 LAMP SYSTEM............... UPPER BEAM..... UB6....................... N.A............ N.A. LOWER BEAM..... N.A. \(3)\................ LB5M \(3)\..... LB4V \(3)\ BEAM CONTRIBUTOR............ UPPER BEAM & UB1 \(4)\................. LB1M \(2)(4)\.. LB1V \(2)(4)\ LOWER BEAM. ---------------------------------------------------------------------------------------------------------------- \(1)\ Headlamps designed to conform to the photometry requirements of UB2 and LB2M or LB2V may allow the lower beam light source(s) to remain activated when an upper beam light source is activated if the lower beam light source(s) contribute to upper beam photometric compliance. \(2)\ Lower beams may remain activated when upper beams are activated. \(3)\ Lower beams must remain activated when upper beams are activated. \(4)\ Beam contributor photometric allocation formula of S14.2.5.9 applies. Table II-d--Headlighting Systems--Replaceable Bulb ---------------------------------------------------------------------------------------------------------------- Photometry requirements reference ---------------------------------------------------------------- Light source Table XVIII Tables XIX-a, XIX-b, XIX-c System designation composition ---------------------------------------------------------------- Upper beam mechanical and Lower beam mech Lower beam visual aim aim visual aim ---------------------------------------------------------------------------------------------------------------- 2 LAMP SYSTEM................ ANY DUAL UB2 \(1)\ OR UB3........... LB2M \(1)\ OR LB2V \(1)\ OR FILAMENT TYPE, LB3M. LB3V OTHER THAN HB2, USED ALONE OR WITH ANOTHER DUAL FILAMENT TYPE OTHER THAN HB2. 2 LAMP SYSTEM................ HB2 OR ANY UB2 \(1)\ OR UB3........... LB2M \(1)\...... LB2V \(1)\ SINGLE FILAMENT TYPE USED ALONE OR WITH ANY OTHER SINGLE OR DUAL FILAMENT TYPE. [[Page 448]] 4 LAMP SYSTEM................ ANY DUAL UB1 \(2)\ OR UB3........... LB1M \(2)\ OR LB1V \(2)\ OR FILAMENT TYPE, LB3M. LB3V OTHER THAN HB2, USED ALONE OR WITH ANOTHER DUAL FILAMENT TYPE OTHER THAN HB2. 4 LAMP SYSTEM................ HB2 OR ANY UB1 \(2)\.................. LB1M \(2)\...... LB1V \(2)\ SINGLE FILAMENT TYPE USED ALONE OR WITH ANY OTHER SINGLE OR DUAL FILAMENT TYPE. (U & L). ---------------------------------------------------------------------------------------------------------------- \(1)\ Headlamps designed to conform to the photometry requirements of UB2 and LB2M or LB2V may allow the lower beam light source(s) to remain activated when an upper beam light source is activated if the lower beam light source(s) contribute to upper beam photometric compliance. \(2)\ Lower beams may remain activated when upper beams are activated. Table III--Marking Requirements Location ---------------------------------------------------------------------------------------------------------------- Lamp, reflective device, or other component Marking Marking location Requirement ---------------------------------------------------------------------------------------------------------------- HEADLAMPS, BEAM CONTRIBUTORS, OR HEADLAMP REPLACEABLE LENS. ``DOT''................ Lens................... S6.5.1 Optical axis marking... See requirement........ S10.18.5 Manufacturer name and/ Lens................... S6.5.3 or trademark. Voltage................ See requirement........ S6.5.3 Part number or trade See requirement........ S6.5.3 number. HEADLAMP REPLACEABLE LENS........... Manufacturer Lens................... S6.5.3 identification. Headlamp identification REPLACEABLE BULB HEADLAMPS.......... ``U'' or ``L'' (4 lamp Lens................... S10.15.4 system). Replaceable bulb type.. Lens................... S6.5.3.4 SEALED BEAM HEADLAMPS............... ``sealed beam''........ Lens................... S6.5.3.3 Type designation....... See requirements....... S6.5.3.3 INTEGRAL BEAM HEADLAMPS............. ``U'' or ``L'' (4 lamp Lens................... S10.14.4 system). MOTORCYCLE REPLACEABLE BULB ``motorcycle''......... Lens................... S10.17.2 HEADLAMPS. VISUALLY/OPTICALLY AIMED HEADLAMPS.. ``VOR'' or ``VOL'' or Lens................... S10.18.9.6 ``VO''. EXTERNALLY AIMED HEADLAMPS.......... Aim pad location & Lens................... S10.18.7.1 ``H'' or ``V``. VEHICLE HEADLAMP AIMING DEVICES Aiming scale(s)........ See requirement........ S10.18.8 (VHAD). (HEADLAMP) REPLACEABLE LIGHT ``DOT''................ See requirement........ S11.1 SOURCES. Replaceable light See requirement........ source designation. Manufacturer name and/ See requirement........ or trademark. REPLACEABLE LIGHT SOURCE BALLASTS... Manufacturer name or See requirement........ S11.2 logo. Part number............ Light source identification. Rated laboratory life.. High voltage warning... Output in watts and volts. ``DOT''................ LAMPS (OTHER THAN HEADLAMPS), ``DOT''................ See requirement........ S6.5.1.2 REFLECTIVE DEVICES, AND ASSOCIATED EQUIPMENT. DAYTIME RUNNING LAMPS (DRL)......... ``DRL''................ Lens................... S6.5.2 CONSPICUITY REFLEX REFLECTORS....... ``DOT-C''.............. Exposed surface........ S8.2.2.1 [[Page 449]] RETROREFLECTIVE SHEETING............ ``DOT-C2'' or ``DOT- Exposed surface........ S8.2.1.3 C3'' or ``DOT-C4''. ---------------------------------------------------------------------------------------------------------------- Table IV-a--Effective Projected Luminous Lens Area Requirements -------------------------------------------------------------------------------------------------------------------------------------------------------- Passenger cars, multipurpose passenger Multipurpose Motorcycles minimum effective vehicles, trucks, trailers, and buses of less passenger projected luminous lens area than 2032 mm in overall width minimum vehicles, (sq mm) effective projected luminous lens area (sq mm) trucks, ------------------------------- ------------------------------------------------ trailers, and Multiple compartment lamp or Multiple compartment lamp or buses 2032 mm multiple lamps multiple lamps or more in ------------------------------- Lighting device -------------------------------- overall width Single minimum compartment effective Each Single or lamp Each Combined projected compartment or combined compartment or compartments luminous lens lamp compartments lamp or lamps area each lamp or lamps (sq mm) -------------------------------------------------------------------------------------------------------------------------------------------------------- Front turn signal lamp.................................. 2200 .............. 2200 7500 2200 2258 Rear turn signal lamp................................... 5000 2200 5000 7500 2200 2258 Stop lamp............................................... 5000 2200 5000 7500 2200 \1\ 5000 -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ A motor driven cycle whose speed attainable in 1 mile is 30 mph or less may be equipped with a stop lamp whose minimum effective projected luminous lens area is not less than 2258 sq mm. Table IV-b--Effective Projected Luminous Lens Area Requirements ---------------------------------------------------------------------------------------------------------------- Multipurpose passenger Passenger cars, multipurpose vehicles, trucks, and buses passenger vehicles, trucks, of less than 2032 mm in and buses of less than 2032 overall width and with a GVWR Lighting device mm in overall width and with of 10,000 lbs or less using a GVWR of 10,000 lbs or less dual lamps of identical size using a single lamp minimum and shape minimum effective effective projected luminous projected luminous lens area lens area (sq mm) each lamp (sq mm) ---------------------------------------------------------------------------------------------------------------- High-mounted stop lamp............................ 2903 1452 ---------------------------------------------------------------------------------------------------------------- Table IV-c--Effective Projected Luminous Lens Area Requirements ------------------------------------------------------------------------ School bus minimum effective Lighting device projected luminous lens area each lamp (sq mm) ------------------------------------------------------------------------ School bus signal lamp................... 12,258 ------------------------------------------------------------------------ Table V-a--Visibility Requirements of Installed Lighting Devices ------------------------------------------------------------------------ Lighting device Required visibility ------------------------------------------------------------------------ Backup lamp.................. Lamps must be mounted so that the optical center of at least one lamp is visible from any eye point elevation from at least 1828 mm (6 ft) to 610 mm (2 ft) above the horizontal plane on which the vehicle is standing; and from any position in the area, rearward of a vertical plane perpendicular to the longitudinal axis of the vehicle, 914 mm (3 ft), to the rear of the vehicle and extending 914 mm (3 ft) beyond each side of the vehicle. High-mounted stop lamp....... Signal must be visible to the rear through a horizontal angle from 45[deg] to the left to 45[deg] to the right of the longitudinal axis of the vehicle. (Single lamp or two lamps together where required by S6.1.1.2 of this standard). School bus signal lamp....... Signal of front lamps to the front and rear lamps to the rear must be unobstructed within area bounded by 5[deg] up to 10[deg] down and 30[deg] left to 30[deg] right. ------------------------------------------------------------------------ [[Page 450]] Table V-b--Visibility Requirements of Installed Lighting Devices--Lens Area Visibility Option -------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------- Lighting device Corner points\1 2\ Required visibility ---------------------------------------------------------------------------------------------- Motorcycle All other -------------------------------------------------------------------------------------------------------------------------------------------------------- Turn signal lamp \3\............... 15[deg] UP-20[deg] IB. 15[deg] UP-45[deg] OB. 15[deg] UP-45[deg] IB 15[deg] UP-45[deg] OB Unobstructed minimum 15[deg] DOWN-20[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] effective projected IB. OB. IB. OB. Stop lamp.......................... 15[deg] UP-45[deg] 15[deg] UP-45[deg] 15[deg] UP-45[deg] IB 15[deg] UP-45[deg] OB luminous lens area RIGHT \4\. LEFT \4\. 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] of 1,250 sq mm in RIGHT \4\. LEFT \4\. IB. OB. any Taillamp........................... 15[deg] UP-45[deg] 15[deg] UP-45[deg] 15[deg] UP-45[deg] IB 15[deg] UP-45[deg] OB direction throughout RIGHT \5\. LEFT \5\. 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] the pattern defined RIGHT \5\. LEFT \5\. IB. OB. by Parking lamp....................... No Requirement........ No Requirement........ 15[deg] UP-45[deg] IB 15[deg] UP-45[deg] OB the specified corner No Requirement........ No Requirement........ 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] points. IB. OB. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ IB indicates an inboard direction (toward the vehicle's longitudinal centerline) and OB indicates an outboard direction. \2\ Where a lamp is mounted with its axis of reference less than 750 mm above the road surface, the vertical test point angles located below the horizontal plane subject to visibility requirements may be reduced to 5[deg] down. \3\ Where more than one lamp or optical area is lighted at the front on each side of a multipurpose passenger vehicle, truck, trailer, or bus, of 2032 mm or more overall width, only one such area need comply. \4\ If a multiple lamp arrangement is used for a motorcycle stop lamp, the inboard angle for each lamp shall be 10 degrees. \5\ If a multiple lamp arrangement is used for a motorcycle tail lamp, the inboard angle for each lamp shall be 45 degrees. [[Page 451]] Table V-c--Visibility Requirements of Installed Lighting Devices--Luminous Intensity Visibility Option -------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------- Lighting device Corner points \1 2\ Required visibility Minimum luminous intensity in any direction throughout the pattern defined by the specified corner points. ---------------------------------------------------------------------------------------- Motorcycle All Other Candela............. -------------------------------------------------------------------------------------------------------------------------------------------------------- Turn signal lamp................. 15[deg] UP-20[deg] 15[deg] UP-80[deg] 15[deg] UP-45[deg] 15[deg] UP-80[deg] 0.3 IB. OB. IB. OB. 15[deg] DOWN-20[deg] 15[deg] DOWN-80[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-80[deg] IB. OB. IB. OB. Stop lamp........................ 15[deg] UP-45[deg] 15[deg] UP-45[deg] 15[deg] UP-45[deg] 15[deg] UP-45[deg] 0.3 RIGHT \4\. LEFT \4\. IB. OB. 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] RIGHT \4\. LEFT \4\. IB. OB. Taillamp \3\..................... 15[deg] UP-80[deg] 15[deg] UP-80[deg] 15[deg] UP-45[deg] 15[deg] UP-80[deg] 0.05 RIGHT \5\. LEFT \5\. IB. OB. 15[deg] DOWN-80[deg] 15[deg] DOWN-80[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-80[deg] RIGHT \5\. LEFT \5\. IB. OB. Parking lamp..................... No Requirement...... No Requirement...... 15[deg] UP-45[deg] 15[deg] UP-80[deg] 0.05 IB. OB. No Requirement...... No Requirement...... 15[deg] DOWN-45[deg] 15[deg] DOWN-80[deg] IB. OB. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ IB indicates an inboard direction (toward the vehicle's longitudinal centerline) and OB indicates an outboard direction. \2\ Where a lamp is mounted with its axis of reference less than 750 mm above the road surface, the vertical test point angles located below the horizontal plane subject to visibility requirements may be reduced to 5[deg] down \3\ Inboard and outboard corner points are 80[deg] for a single taillamp installed on a motorcycle \4\ If a multiple lamp arrangement is used for a motorcycle stop lamp, the inboard angle for each lamp shall be 10 degrees. \5\ If a multiple lamp arrangement is used for a motorcycle tail lamp, the inboard angle for each lamp shall be 45 degrees. [[Page 452]] Table V-d--Visibility Requirements of Installed Lighting Devices (Legacy Visibility Alternative) ------------------------------------------------------------------------ Lighting device Required visibility \1\ ------------------------------------------------------------------------ Turn signal lamp............. All passenger Unobstructed minimum cars, effective projected multipurpose luminous lens area of passenger 1250 sq mm through vehicles, horizontal angle of H- trucks, buses, V to H-45[deg] OB. motorcycles, and trailers of less than 2032 mm overall width. All multipurpose Unobstructed minimum passenger effective projected vehicles, luminous lens area of trucks, buses, 1300 sq mm through and trailers of horizontal angle of H- 2032 mm or more V to H-45[deg] OB. overall width. Where more than one lamp or optical area is lighted on each side of the vehicle, only one such area on each side need comply. ------------------------------------------------------------------------ Stop lamp Unobstructed minimum effective projected luminous lens area of 1250 sq mm through horizontal angle of H- 45[deg] IB to H- 45[deg] OB. Where more than one lamp or optical area is lighted on each side of the vehicle, only one such area on each side need comply. Taillamp Unobstructed minimum effective projected luminous lens area of 2 sq in through horizontal angle of H- 45[deg] IB to H- 45[deg] OB. Where more than one lamp or optical area is lighted on each side of the vehicle, only one such area on each side need comply. ------------------------------------------------------------------------ \1\ IB indicates an inboard direction (toward the vehicle's longitudinal centerline) and OB indicates an outboard direction. [[Page 453]] [GRAPHIC] [TIFF OMITTED] TR04DE07.001 [[Page 454]] [GRAPHIC] [TIFF OMITTED] TR04DE07.002 [[Page 455]] [GRAPHIC] [TIFF OMITTED] TR04DE07.003 [[Page 456]] [GRAPHIC] [TIFF OMITTED] TR08AU11.161 [[Page 457]] [GRAPHIC] [TIFF OMITTED] TR08AU11.162 [[Page 458]] [GRAPHIC] [TIFF OMITTED] TR08AU11.163 Table X--Side Marker Lamp Photometry Requirements ---------------------------------------------------------------------------------------------------------------- Minimum photometric Minimum photometric Test point (degrees) intensity (cd) \(2)\ red intensity (cd) \(2)\ amber lamps lamps ---------------------------------------------------------------------------------------------------------------- 10U: 45L \(1)\....................................... 0.25 0.62 V............................................... 0.25 0.62 45R \(1)\....................................... 0.25 0.62 H: 45L \(1)\....................................... 0.25 0.62 V............................................... 0.25 0.62 45R \(1)\....................................... 0.25 0.62 10D: \(3)\ 45L \(1)\....................................... 0.25 0.62 V............................................... 0.25 0.62 45R \(1)\....................................... 0.25 0.62 ---------------------------------------------------------------------------------------------------------------- \(1)\ Where a side marker lamp installed on a motor vehicle less than 30 feet in overall length has the lateral angle nearest the other required side marker lamp on the same side of the vehicle reduced from 45[deg] by design as specified by S7.4.13.2, the photometric intensity measurement may be met at the lesser angle. \(2)\ The photometric intensity values between test points must not be less than the lower specified minimum value of the two closest adjacent test points on a horizontal or vertical line. \(3)\ Where side marker lamps are mounted with their axis of reference less than 750 mm above the road surface, photometry requirements below 5[deg] down may be met at 5[deg] down rather than at the specified required downward angle. [[Page 459]] Table XI--Clearance and Identification Lamps Photometry Requirements ---------------------------------------------------------------------------------------------------------------- Minimum photometric Minimum photometric Test point (degrees) intensity (cd) \(2)\ red intensity (cd) \(2)\ amber lamps lamps ---------------------------------------------------------------------------------------------------------------- 10U: 45L \(4)\....................................... 0.25 0.62 V............................................... 0.25 0.62 45R \(4)\....................................... 0.25 0.62 H: 45L \(4)\....................................... 0.25 0.62 V............................................... 0.25 0.62 45R \(4)\....................................... 0.25 0.62 10D: \(1)\ 45L \(4)\....................................... 0.25 0.62 V............................................... 0.25 0.62 45R \(4)\....................................... 0.25 0.62 Maximum photometric intensity \(3)\ (cd) red lamps.. 15 ---------------------------------------------------------------------------------------------------------------- \(1)\ Where clearance lamps or identification lamps are mounted with their axis of reference less than 750mm above the road surface, photometry requirements below 5[deg] down may be met at 5[deg] down rather than at the specified required downward angle. \(2)\ The photometric intensity values between test points must not be less than the lower specified minimum value of the two closest adjacent test points on a horizontal or vertical line. \(3)\ When optically combined with a stop lamp or turn signal lamp, this maximum applies on or above the horizontal. \(4)\ Where clearance lamps are installed at locations other than on the front and rear due to the necessity to indicate the overall width of the vehicle, or for protection from damage during normal operation of the vehicle, they need not meet the photometric intensity requirement at any test point that is 45[deg] inboard. [[Page 460]] [GRAPHIC] [TIFF OMITTED] TR08AU11.164 [[Page 461]] [GRAPHIC] [TIFF OMITTED] TR04DE07.008 [[Page 462]] [GRAPHIC] [TIFF OMITTED] TR04DE07.009 [[Page 463]] [GRAPHIC] [TIFF OMITTED] TR08AU11.165 [[Page 464]] [GRAPHIC] [TIFF OMITTED] TR08AU11.166 [[Page 465]] Table XVI-a--Reflex Reflector Photometry Requirements ---------------------------------------------------------------------------------------------------------------- Minimum performance --------------------------------------------------------- Red reflectors Amber reflectors White reflectors Observation angle (degrees) Entrance angle --------------------------------------------------------- (degrees) (cd/ (cd/ (cd/ incident (mcd/ incident (mcd/ incident (mcd/ ft-c) lux) ft-c) lux) ft-c) lux) ---------------------------------------------------------------------------------------------------------------- 0.2.............................. 0.................. 4.5 420 11.25 1050 18 1680 10U................ 3.0 280 7.5 700 12 1120 10D \(1)\.......... 3.0 280 7.5 700 12 1120 20L................ 1.5 140 3.75 350 6 560 20R................ 1.5 140 3.75 350 6 560 1.5.............................. 0.................. 0.07 6 0.175 15 0.28 24 10U................ 0.05 5 0.125 12.5 0.2 20 10D \(1)\.......... 0.05 5 0.125 12.5 0.2 20 20L................ 0.03 3 0.075 7.5 0.12 12 20R................ 0.03 3 0.075 7.5 0.12 12 ---------------------------------------------------------------------------------------------------------------- \(1)\ Where reflex reflectors are mounted with their axis of reference less than 750 mm above the road surface, photometry requirements below 5[deg] down may be met at 5[deg] down rather than at the required specified downward angle. Table XVI-b--Additional Photometry Requirements for Conspicuity Reflex Reflectors ---------------------------------------------------------------------------------------------------------------- Minimum performance -------------------------------------------------------- Observation angle (degrees) Entrance angle White horizontal White vertical (degrees) Red (mcd/lux) orientation (mcd/ orientation (mcd/ lux) lux) ---------------------------------------------------------------------------------------------------------------- 0.2.............................. 0................... 300 1250 1680 20L TO 20R.......... ................. ................. 560 30L TO 30R.......... 300 1250 45L TO 45R.......... 75 300 10U TO 10D.......... 1120 ---------------------------------------------------------------------------------------------------------------- Table XVI-c--Retroreflective Sheeting Photometry Requirements ---------------------------------------------------------------------------------------------------------------- Minimum performance ----------------------------------------------------- Grade dot-C2 Grade dot-C3 Grade dot-C4 Entrance ----------------------------------------------------- Observation angle (degrees) angle White Red White Red White Red (degrees) ----------------------------------------------------- (cd/lux/ (cd/lux/ (cd/lux/ (cd/lux/ (cd/lux/ (cd/lux/ sq m) sq m) sq m) sq m) sq m) sq m) ---------------------------------------------------------------------------------------------------------------- 0.2............................................ -4 250 60 165 40 125 30 30 250 60 165 40 125 30 45 60 15 40 10 30 8 0.5............................................ -4 65 15 43 10 33 8 30 65 15 43 10 33 8 45 15 4 10 3 8 2 ---------------------------------------------------------------------------------------------------------------- Table XVII--School Bus Signal Lamp Photometry Requirements ------------------------------------------------------------------------ Minimum Minimum photometric photometric Test point (degrees) intensity (cd) intensity (cd) \(2)\ red lamps amber lamps ------------------------------------------------------------------------ 5U: 20L........................... 150 375 10L........................... 300 750 5L............................ 300 750 V............................. 300 750 5R............................ 300 750 10R........................... 300 750 20R........................... 150 375 ------------------------------------------------------------------------ H: 30L........................... 30 75 20L........................... 180 450 10L........................... 400 1000 5L............................ 500 1250 V............................. 600 1500 5R............................ 500 1250 10R........................... 400 1000 20R........................... 180 450 30R........................... 30 75 ------------------------------------------------------------------------ 5D: 30L........................... 30 75 20L........................... 200 500 10L........................... 300 750 5L............................ 450 1125 V............................. 450 1125 5R............................ 450 1125 10R........................... 300 750 [[Page 466]] 20R........................... 200 500 30R........................... 30 75 ------------------------------------------------------------------------ 10D: \(1)\ 5L............................ 40 100 V............................. 40 100 5R............................ 40 100 ------------------------------------------------------------------------ \(1)\ Where school bus signal lamps are mounted with their axis of reference less than 750 mm above the road surface, photometry requirements below 5[deg] down may be met at 5[deg] down rather than at the specified required downward angle. \(2)\ The photometric intensity values between test points must not be less than the lower specified minimum value of the two closest adjacent test points on a horizontal or vertical line. [[Page 467]] [GRAPHIC] [TIFF OMITTED] TR04DE07.012 [[Page 468]] [GRAPHIC] [TIFF OMITTED] TR08AU11.167 [[Page 469]] [GRAPHIC] [TIFF OMITTED] TR08AU11.168 [[Page 470]] [GRAPHIC] [TIFF OMITTED] TR08AU11.169 [[Page 471]] [GRAPHIC] [TIFF OMITTED] TR04DE07.016 Table XXI--Adaptive Driving Beam Photometry Requirements (1) ------------------------------------------------------------------------ Maximum illuminance Maximum Measurement distance interval (m) Opposite illuminance direction same direction (lux) (lux) ------------------------------------------------------------------------ Greater than or equal to 15.0 and less 3.1 18.9 than 30.0.............................. Greater than or equal to 30.0 and less 1.8 18.9 than 60.0.............................. Greater than or equal to 60.0 and less 0.6 4.0 than 120.0............................. Greater than or equal to 120.0 and less 0.3 N/A than or equal to 220................... ------------------------------------------------------------------------ \(1)\ For purposes of determining conformance with these specifications, an observed value or a calculated value shall be rounded to the nearest 0.1 lux, in accordance with the rounding method of ASTM Practice E29 Using Significant Digits in Test Data to Determine Conformance with Specifications. [[Page 472]] Table XXII--Adaptive Driving Beam System Test Matrix -------------------------------------------------------------------------------------------------------------------------------------------------------- Test vehicle Radius of curve Superelevation Measurement distance Scenario No. speed (kph) Orientation (m.) Curve direction (%) range (m) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1............................... 96.6-112.7 [60-70 Opposite Direction. Straight N/A............... 0-2 Greater than or equal mph] to 15 and less than or equal to 220. 2............................... 40.2-48.3 [25-30 Opposite Direction. 85-115 Left.............. 0-2 Greater than or equal mph] to 15 and less than 60. 3............................... 64.4-72.4 [40-45 Opposite Direction. 210-250 Left.............. 0-2 Greater than or equal mph] to 15 and less than or equal to 150. 4............................... 80.5-88.5 [50-55 Opposite Direction. 335-400 Left.............. 0-2 Greater than or equal mph] to 15 and less than or equal to 220. 5............................... 64.4-72.4 [40-45 Opposite Direction. 210-250 Right............. 0-2 Greater than or equal mph] to 15 and less than or equal to 50. 6............................... 80.5-88.5 [50-55 Opposite Direction. 335-400 Right............. 0-2 Greater than or equal mph] to 15 and less than or equal to 70. 7............................... 96.6-112.7 [60-70 Same Direction..... Straight N/A............... 0-2 Greater than or equal mph] to 15 and less than or equal to 100. 8............................... 64.4-72.4 [40-45 Same Direction..... 210-250 Left.............. 0-2 Greater than or equal mph] to 15 and less than or equal to 100. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 473]] [GRAPHIC] [TIFF OMITTED] TR04DE07.017 [[Page 474]] [GRAPHIC] [TIFF OMITTED] TR04DE07.018 [[Page 475]] [GRAPHIC] [TIFF OMITTED] TR04DE07.019 [[Page 476]] [GRAPHIC] [TIFF OMITTED] TR04DE07.020 [[Page 477]] [GRAPHIC] [TIFF OMITTED] TR04DE07.021 [[Page 478]] [GRAPHIC] [TIFF OMITTED] TR04DE07.022 [[Page 479]] [GRAPHIC] [TIFF OMITTED] TR04DE07.023 [[Page 480]] [GRAPHIC] [TIFF OMITTED] TR04DE07.024 [[Page 481]] [GRAPHIC] [TIFF OMITTED] TR04DE07.025 [[Page 482]] [GRAPHIC] [TIFF OMITTED] TR04DE07.026 [[Page 483]] [GRAPHIC] [TIFF OMITTED] TR04DE07.027 [[Page 484]] [GRAPHIC] [TIFF OMITTED] TR04DE07.028 [[Page 485]] [GRAPHIC] [TIFF OMITTED] TR04DE07.029 [[Page 486]] [GRAPHIC] [TIFF OMITTED] TR04DE07.030 [[Page 487]] [GRAPHIC] [TIFF OMITTED] TR04DE07.031 [[Page 488]] [GRAPHIC] [TIFF OMITTED] TR04DE07.032 [[Page 489]] [GRAPHIC] [TIFF OMITTED] TR04DE07.033 [[Page 490]] [GRAPHIC] [TIFF OMITTED] TR04DE07.034 [[Page 491]] [GRAPHIC] [TIFF OMITTED] TR04DE07.035 [[Page 492]] [GRAPHIC] [TIFF OMITTED] TR04DE07.036 [[Page 493]] [GRAPHIC] [TIFF OMITTED] TR04DE07.037 [[Page 494]] [GRAPHIC] [TIFF OMITTED] TR04DE07.038 [[Page 495]] [GRAPHIC] [TIFF OMITTED] TR04DE07.039 [[Page 496]] [GRAPHIC] [TIFF OMITTED] TR22FE22.045 [[Page 497]] [GRAPHIC] [TIFF OMITTED] TR22FE22.046 [[Page 498]] [GRAPHIC] [TIFF OMITTED] TR22FE22.047 [[Page 499]] [GRAPHIC] [TIFF OMITTED] TR22FE22.048 [GRAPHIC] [TIFF OMITTED] TR22FE22.049 [[Page 500]] [GRAPHIC] [TIFF OMITTED] TR22FE22.050 [[Page 501]] [GRAPHIC] [TIFF OMITTED] TR22FE22.051 [[Page 502]] [GRAPHIC] [TIFF OMITTED] TR22FE22.052 [72 FR 68269, Dec. 4, 2007, as amended at 76 FR 23510, Apr. 27, 2011; 76 FR 48023, Aug. 8, 2011; 77 FR 757, Jan. 6, 2012; 77 FR 71720, Dec. 4, 2012; 80 FR 78669, Dec. 17, 2015; 81 FR 6458, Feb. 8, 2016; 87 FR 10021, Feb. 22, 2022] Sec. 571.109 Standard No. 109; New pneumatic tires for vehicles manufactured from 1949 to 1975, bias ply tires, and T-type spare tires. S1. Scope. This standard specifies tire dimensions and laboratory test requirements for bead unseating resistance, strength, endurance, and high [[Page 503]] speed performance; defines tire load ratings; and specifies labeling requirements for passenger car tires. S2. Application. This standard applies to new pneumatic radial tires for use on passenger cars manufactured from 1949 through 1975, new pneumatic bias ply tires, and T-type spare tires. However, it does not apply to any tire that has been so altered so as to render impossible its use, or its repair for use, as motor vehicle equipment. S3. Definitions. Bead means that part of the tire made of steel wires, wrapped or reinforced by ply cords, that is shaped to fit the rim. Bead separation means a breakdown of bond between components in the bead area. Bias ply tire means a pneumatic tire in which the ply cords that extend to the beads are laid at alternate angles substantially less than 90[deg] to the centerline of the tread. Carcass means the tire structure, except tread and sidewall rubber. Chunking means the breaking away of pieces of the tread or sidewall. Cord means the strands forming the plies in the tire. Cord separation means cords parting away from adjacent rubber compounds. Cracking means any parting within the tread, sidewall, or innerliner of the tire extending to cord material. Groove means the space between two adjacent tread ribs. Innerliner means the layer(s) forming the inside surface of a tubeless tire that contains the inflating medium within the tire. Innerliner separation means the parting of the innerliner from cord material in the carcass. Load rating means the maximum load a tire is rated to carry for a given inflation pressure. Maximum permissible inflation pressure means the maximum cold inflation pressure to which a tire may be inflated. Maximum load rating means the load rating at the maximum permissible inflation pressure for that tire. Open splice means any parting at any junction of tread, sidewall, or innerliner that extends to cord material. Overall width means the linear distance between the exteriors of the sidewalls of an inflated tire, including elevations due to labeling, decorations, or protective bands or ribs. Ply means a layer of rubber-coated parallel cords. Ply separation means a parting of rubber compound between adjacent plies. Pneumatic tire means a mechanical device made of rubber, chemicals, fabric and steel or other materials, which, when mounted on an automotive wheel, provides the traction and contains the gas or fluid that sustains the load. Radial ply tire means a pneumatic tire in which the ply cords which extend to the beads are laid at substantially 90[deg] to the centerline of the tread. Rim means a metal support for a tire or a tire and tube assembly upon which the tire beads are seated. Section width means the linear distance between the exteriors of the sidewalls of an inflated tire, excluding elevations due to labeling, decoration, or protective bands. Sidewall means that portion of a tire between the tread and the bead. Sidewall separation means the parting of the rubber compound from the cord material in the sidewall. Test rim means, with reference to a tire to be tested, any rim that is listed as appropriate for use with that tire in accordance with S4.4. For purposes of this section and Sec. 571.110, each rim listing shall include dimensional specifications and a diagram of the rim. Tread means that portion of a tire that comes into contact with the road. Tread rib means a tread section running circumferentially around a tire. Tread separation means pulling away of the tread from the tire carcass. S4. Requirements. S4.1 Size and construction. Each tire shall be designed to fit each rim specified for its size designation in each reference cited in the definition of test rim in S3. S4.2 Performance requirements. S4.2.1 General. Each tire shall conform to each of the following: (a) It shall meet the requirements specified in S4.2.2 for its tire size designation, type, and maximum permissible inflation pressure. [[Page 504]] (b) Its maximum permissible inflation pressure shall be either 32, 36, 40, or 60 psi, or 240, 280, 300, 340, or 350 kPa. (c) Its load rating shall be that specified in a submission made by an individual manufacturer, pursuant to S4.4.1(a), or in one of the publications described in S4.4.1(b) for its size designation, type and each appropriate inflation pressure. If the maximum load rating for a particular tire size is shown in more than one of the publications described in S4.4.1(b), each tire of that size designation shall have a maximum load rating that is not less than the published maximum load rating, or if there are differing maximum load ratings for the same tire size designation, not less than the lowest published maximum load rating. (d) It shall incorporate a tread wear indicator that will provide a visual indication that the tire has worn to a tread depth of 1.6 mm (\1/ 16\ inch). (e) It shall, before being subjected to either the endurance test procedure specified in S5.4 or the high speed performance procedure specified in S5.5, exhibit no visual evidence of tread, sidewall, ply, cord, innerliner, or bead separation, chunking, broken cords, cracking, or open splices. (f) It shall meet the requirements of S4.2.2.5 and S4.2.2.6 when tested on a test wheel described in S5.4.2.1 either alone or simultaneously with up to 5 other tires. S4.2.2 Test requirements. S4.2.2.1 Test sample. For each test sample use: (a) One tire for physical dimensions, resistance to bead unseating, and strength, in sequence; (b) Another tire for tire endurance; and (c) A third tire for high speed performance. S4.2.2.2 Physical dimensions. The actual section width and overall width for each tire measured in accordance with S5.1, shall not exceed the section width specified in a submission made by an individual manufacturer, pursuant to S4.4.1(a) or in one of the publications described in S4.4.1(b) for its size designation and type by more than: (a) (For tires with a maximum permissible inflation pressure of 32, 36, or 40 psi) 7 percent, or (b) (For tires with a maximum permissible inflation pressure of 240, 280, 300, 340 or 350 kPa, or 60 psi) 7 percent or 10 mm (0.4 inches), whichever is larger. S4.2.2.3 Tubeless tire resistance to bead unseating. S4.2.2.3.1 When a tubeless tire that has a maximum inflation pressure other than 420 kPa (60 psi) is tested in accordance with S5.2, the applied force required to unseat the tire bead at the point of contact shall be not less than: (a) 6,670 N (1,500 pounds) for tires with a designated section width of less than 160 mm (6 inches); (b) 8,890 N (2,000 pounds) for tires with a designated section width of 160 mm (6 inches) or more but less than 205 mm (8 inches); (c) 11,120 N (2,500 pounds) for tires with a designated section width of 205 mm (8 inches) or more, using the section width specified in a submission made by an individual manufacturer, pursuant to S4.4.1(a), or in one of the publications described in S4.4.1(b) for the applicable tire size designation and type. S4.2.2.3.2 When a tire that has a maximum inflation pressure of 420 kPa (60 psi) is tested in accordance with S5.2, the applied force required to unseat the bead at the point of contact shall be not less than: (a) 6,670 N (1,500 pounds) for tires with a maximum load rating of less than 399 kg (880 pounds); (b) 8,890 N (2,000 pounds) for tires with a maximum load rating of 399 kg (880 pounds) or more but less than 635 kg (1,400 pounds); (c) 11,120 N (2,500 pounds) for tires with a maximum load rating of 635 kg (1,400 pounds) or more, using the maximum load rating marked on the sidewall of the tire. S4.2.2.4 Tire strength. Each tire shall meet the requirements for minimum breaking energy specified in Table 1 when tested in accordance with S5.3. S4.2.2.5 Tire endurance. When the tire has been subjected to the laboratory endurance test specified in S5.4, using a test rim that undergoes no permanent deformation and allows no loss of air through the portion that it comprises of the tire-rim pressure chamber: [[Page 505]] (a) There shall be no visual evidence of tread, sidewall, ply, cord, innerliner, or bead separation, chunking, broken cords, cracking, or open splices. (b) The tire pressure at the end of the test shall be not less than the initial pressures specified in S5.4.1.1. S4.2.2.6 High speed performance. When the tire has been subjected to the laboratory high speed performance test specified in S5.5, using a test rim that undergoes no permanent deformation and allows no loss of air through the portion that it comprises of the tire-rim pressure chamber, the tire shall meet the requirements set forth in S4.2.2.5 (a) and (b). S4.3 Labeling Requirements. Except as provided in S4.3.1 and S4.3.2 of this standard, each tire, except for those certified to comply with S5.5 of Sec. 571.139, shall have permanently molded into or onto both sidewalls, in letters and numerals not less than 0.078 inches high, the information shown in paragraphs S4.3 (a) through (g) of this standard. On at least one sidewall, the information shall be positioned in an area between the maximum section width and bead of the tire, unless the maximum section width of the tire falls between the bead and one-fourth of the distance from the bead to the shoulder of the tire. For tires where the maximum section width falls in that area, locate all required labeling between the bead and a point one-half the distance from the bead to the shoulder of the tire. However, in no case shall the information be positioned on the tire so that it is obstructed by the flange or any rim designated for use with that tire in Standards Nos. 109 and 110 (Sec. 571.109 and Sec. 571.110 of this part). (a) One size designation, except that equivalent inch and metric size designations may be used; (b) Maximum permissible inflation pressure; (c) Maximum load rating; (d) The generic name of each cord material used in the plies (both sidewall and tread area) of the tire; (e) Actual number of plies in the sidewall, and the actual number of plies in the tread area if different; (f) The words ``tubeless'' or ``tube type'' as applicable; and (g) The word ``radial'' if the tire is a radial ply tire. S4.3.1 Each tire shall be labeled with the symbol DOT in the manner specified in part 574 of this chapter, which shall constitute a certification that the tire conforms to applicable Federal motor vehicle safety standards. S4.3.2 Each tire shall be labeled with the name of the manufacturer, or brand name and number assigned to the manufacturer in the manner specified in part 574. S4.3.3 [Reserved] S4.3.4 If the maximum inflation pressure of a tire is 240, 280, 300, 340, or 350 kPa, then: (a) Each marking of that inflation pressure pursuant to S4.3(b) shall be followed in parenthesis by the equivalent inflation pressure in psi, rounded to the next higher whole number; and (b) Each marking of the tire's maximum load rating pursuant to S4.3(c) in kilograms shall be followed in parenthesis by the equivalent load rating in pounds, rounded to the nearest whole number. S4.3.5 If the maximum inflation pressure of a tire is 420 kPa (60 psi), the tire shall have permanently molded into or onto both sidewalls, in letters and numerals not less than 12.7 mm (\1/2\ inch), the words ``Inflate to 420 kPa (60 psi)''. On both sidewalls, the words shall be positioned in an area between the tire shoulder and the bead of the tire. However, in no case shall the words be positioned on the tire so that they are obstructed by the flange of any rim designated for use with that tire in this standard or in Standard No. 110 (Sec. 571.110 of this part). S4.4 Tire and rim matching information. S4.4.1 Each manufacturer of tires not certified to comply with S4 of Sec. 571.139 shall ensure that a listing of the rims that may be used with each tire that he produces is provided to the public. A listing compiled in accordance with paragraph (a) of S4.4.1 of this standard need not include dimensional specifications or diagram of a rim if the rim's dimensional specifications and diagram are contained in each listing published in accordance with paragraph (b) of S4.4.1 of this standard. The [[Page 506]] listing shall be in one of the following forms: (a) Listed by manufacturer name or brand name in a document furnished to dealers of the manufacturer's tires, to any person upon request, and in duplicate to the Docket Section (No: NHTSA-2009-0117), National Highway Traffic Safety Administration, West Building, 1200 New Jersey Ave SE., Washington, DC 20590; or (b) Contained in publications, current at the date of manufacture of the tire or any later date, of at least one of the following organizations: Tire and Rim Association The European Tyre and Rim Technical Organization Japan Automobile Tyre Manufacturers Association, Inc. Tyre and Rim Association of Australia Associacao Latino Americana de Pneus e Aros (Brazil) South African Bureau of Standards S4.4.2 Information contained in any publication specified in S4.4.1(b) of this standard which lists general categories of tires and rims by size designation, type of construction and/or intended use, shall be considered to be manufacturer's information pursuant to S4.4.1 of this standard for the listed tires and rims, unless the publication itself or specific information provided according to S4.4.1(a) of this standard indicates otherwise. S5. Test procedures. S5.1 Physical Dimensions. Determine tire physical dimensions under uniform ambient conditions as follows: (a) Mount the tire on a test rim having the test rim width specified in a submission made by an individual manufacturer, pursuant to S4.4.1(a), or in one of the publications described in S4.4.1(b) for that tire size designation and inflate it to the applicable pressure specified in Table II. (b) Condition it at ambient room temperature for at least 24 hours. (c) Readjust pressure to that specified in (a). (d) Caliper the section width and overall width at six points approximately equally spaced around the tire circumference. (e) Record the average of these measurements as the section width and overall width, respectively. (f) Determine tire outer diameter by measuring the maximum circumference of the tire and dividing this dimension by pi (3.14). S5.2 Tubeless tire bead unseating resistance. S5.2.1 Preparation of tire-wheel assembly. S5.2.1.1 Wash the tire, dry it at the beads, and mount it without lubrication or adhesives on a clean, painted test rim. S5.2.1.2 Inflate it to the applicable pressure specified in Table II at ambient room temperature. S5.2.1.3 Mount the wheel and tire in a fixture shown in Figure 1, and force the bead unseating block shown in Figure 2 or Figure 2A against the tire sidewall as required by the geometry of the fixture. However, in testing a tire that has an inflation pressure of 60 psi, only use the bead unseating block described in Figure 2A. S5.2.2 Test procedure. S5.2.2.1 Apply a load through the block to the tire's outer sidewall at the distance specified in Figure 1 for the applicable wheel size at a rate of 50 mm (2 inches) per minute, with the load arm substantially parallel to the tire and rim assembly at the time of engagement. S5.2.2.2 Increase the load until the bead unseats or the applicable value specified in S4.2.2.3 is reached. S5.2.2.3 Repeat the test at least four places equally spaced around the tire circumference. S5.3 Tire strength. S5.3.1 Preparation of tire. S5.3.1.1 Mount the tire on a test rim and inflate it to the applicable pressure specified in Table II. S5.3.1.2 Condition it at room temperature for at least 3 hours; and S5.3.1.3 Readjust its pressure to that specified in S5.3.1.1. S5.3.2 Test procedure. S5.3.2.1 Force a 19 mm (\3/4\ inch) diameter cylindrical steel plunger with a hemispherical end perpendicularly into the tread rib as near to the centerline as possible, avoiding penetration into the tread groove, at the rate of 50 mm (2 inches) per minute. S5.3.2.2 Record the force and penetration at five test points equally spaced around the circumference of the [[Page 507]] tire. If the tire fails to break before the plunger is stopped by reaching the rim, record the force and penetration as the rim is reached and use these values in S5.3.2.3. S5.3.2.3 Compute the breaking energy for each test point by means of one of the two following formulas: W=[(F x P)/2] x 10x3 (joules) Where W = Energy, in joules; F = Force, Newtons; and P = Penetration, mm; or W=[(F x P)/2] Where W = Energy, inch-pounds; F = Force, pounds; and P = Penetration, inches. S5.3.2.4 Determine the breaking energy value for the tire by computing the average of the five values obtained in accordance with S5.3.2.3. S5.4 Tire endurance. S5.4.1 Preparation of tire. S5.4.1.1 Mount a new tire on a test rim and inflate it to the applicable pressure specified in Table II. S5.4.1.2 Condition the tire assembly to 38[deg] 3 [deg]C (100[deg] 5 [deg]F) for at least three hours. S5.4.1.3 Readjust tire pressure to that specified in S5.4.1.1 immediately before testing. S5.4.2 Test procedure. S5.4.2.1 Mount the tire and wheel assembly on a test axle and press it against a flat-faced steel test wheel 1708 mm (67.23 inches) in diameter and at least as wide as the section width of the tire to be tested or an approved equivalent test wheel, with the applicable test load specified in the table in S5.4.2.3 for the tire's size designation, type and maximum permissible inflation pressure. S5.4.2.2 During the test, the air surrounding the test area shall be 38[deg] 3 [deg]C (100[deg] 5 [deg]F). S5.4.2.3 Conduct the test at 80 kilometers per hour (km/h)(50 miles per hour) in accordance with the following schedule without pressure adjustment or other interruptions: The loads for the following periods are the specified percentage of the maximum load rating marked on the tire sidewall: ------------------------------------------------------------------------ Percent ------------------------------------------------------------------------ 4 hours....................................................... 85 6 hours....................................................... 90 24 hours...................................................... 100 ------------------------------------------------------------------------ S5.4.2.4 Immediately after running the tire the required time, measure its inflation pressure. Allow the tire to cool for one hour. Then deflate the tire, remove it from the test rim, and inspect it for the conditions specified in S4.2.2.5(a). S5.5 High speed performance. S5.5.1 After preparing the tire in accordance with S5.4.1, mount the tire and wheel assembly in accordance with S5.4.2.1, and press it against the test wheel with a load of 88 percent of the tire's maximum load rating as marked on the tire sidewall. S5.5.2 Break in the tire by running it for 2 hours at 80 km/h (50 mph). S5.5.3 Allow to cool to 38[deg] 3 [deg]C (100[deg] 5 [deg]F) and readjust the inflation pressure to the applicable pressure specified in Table II. S5.5.4 Without readjusting inflation pressure, test at 121 km/h (75 mph) for 30 minutes, 129 km/h (80 mph) for 30 minutes, and 137 km/h (85 mph) for 30 minutes. S5.5.5 Immediately after running the tire the required time, measure its inflation pressure. Allow the tire to cool for one hour. Then deflate the tire, remove it from the test rim, and inspect it for the conditions specified in S4.2.2.5(a). S6. Nonconforming tires. No tire that is designed for use on passenger cars and manufactured on or after October 1, 1972, but does not conform to all the requirements of this standard, shall be sold, offered for sale, introduced or delivered for introduction into interstate commerce, or imported into the United States, for any purpose. [[Page 508]] [GRAPHIC] [TIFF OMITTED] TR27MY98.013 Figures for FMVSS No. 109 ---------------------------------------------------------------------------------------------------------------- Dimension ``A'' for tires with maximum inflation pressure --------------------------------------------------------------------------- Wheel size Other than Other than 60 psi (in) 420 kPa 60 psi (in) 420 kPa ---------------------------------------------------------------------------------------------------------------- 20.................................. 13.50.................. 345 ....................... ........... 19.................................. 13.00.................. 330 12.00.................. 305 18.................................. 12.50.................. 318 11.40.................. 290 17.................................. 12.00.................. 305 10.60.................. 269 16.................................. 11.50.................. 292 9.90................... 251 15.................................. 11.00.................. 279 9.40................... 239 14.................................. 10.50.................. 267 8.90................... 226 13.................................. 10.00.................. 254 8.40................... 213 12.................................. 9.50................... 241 ....................... ........... 11.................................. 9.00................... 229 ....................... ........... 10.................................. 8.50................... 216 ....................... 320................................. 8.50................... 216 ....................... ........... 340................................. 9.00................... 229 ....................... ........... 345................................. 9.25................... 235 ....................... ........... 365................................. 9.75................... 248 ....................... ........... 370................................. 10.00.................. 254 ....................... ........... 390................................. 11.00.................. 279 ....................... ........... 415................................. 11.50.................. 292 ....................... ........... ---------------------------------------------------------------------------------------------------------------- [[Page 509]] [GRAPHIC] [TIFF OMITTED] TR27MY98.014 [[Page 510]] [GRAPHIC] [TIFF OMITTED] TR27MY98.015 Appendix A--Federal Motor Vehicle Safety Standard No. 109 The following tables list tire sizes and tire constructions with proper load and inflation values. The tables group tires of related constructions and load/inflation values. Persons requesting the addition of new tire sizes to the tables or the addition of tables for new tire constructions may, when the additions requested are compatible with existent groupings, or when adequate justification for new tables exists, submit five (5) copies of information and data supporting the request to [[Page 511]] the Vehicle Dynamics Division, Office of Crash Avoidance Standards, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. The information should contain the following: 1. The tire size designation, and a statement either that the tire is an addition to a category of tires listed in the tables or that it is in a new category for which a table has not been deloped. 2. The tire dimensions, including aspect ratio, size factor, section width, overall width, and test rim size. 3. The load-inflation schedule of the tire. 4. A statement as to whether the tire size designation and load inflation schedule has been coordinated with the Tire and Rim Association, the European Tyre and Rim Technical Organisation, the Japan Automobile Tire Manufacturers' Association, Inc., the Deutsche Industrie Norm, the British Standards Institution, the Scandinavian Tire and Rim Organization, and the Tyre and Rim Association of Australia. 5. Copies of test data sheets showing test conditions, results and conclusions obtained for individual tests specified in Sec. 571.109. 6. Justification for the additional tire sizes. Table I-A--For Bias Ply Tires With Designated Section Width of 152 mm (6 Inches) and Above -------------------------------------------------------------------------------------------------------------------------------------------------------- Cord material 32 psi 36 psi 40 psi 240 kPa 280 kPa 300 kPa 340 kPa -------------------------------------------------------------------------------------------------------------------------------------------------------- Rayon: (in-lbs)................................................. 1,650 2,574 3,300 1,650 3,300 1,650 3,300 (joules)................................................. 186 291 373 186 373 186 373 Nylon or polyester: (in-lbs)................................................. 2,600 3,900 5,200 2,600 5,200 2,600 5,200 (joules)................................................. 294 441 588 294 588 294 588 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table I-B--For Bias Ply Tires With Designated Section Width Below 152 mm (6 Inches) -------------------------------------------------------------------------------------------------------------------------------------------------------- Cord material 32 psi 36 psi 40 psi 240 kPa 280 kPa 300 kPa 340 kPA -------------------------------------------------------------------------------------------------------------------------------------------------------- Rayon: (in-lbs)................................................. 1,000 1,875 2,500 1,000 2,500 1,000 2,500 (joules)................................................. 113 212 282 113 282 113 282 Nylon or polyester: (in-lbs)................................................. 1,950 2,925 3,900 1,950 3,900 1,950 3,900 (joules)................................................. 220 330 441 220 441 220 441 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table I-C--For Radial Ply Tires ---------------------------------------------------------------------------------------------------------------- Maximum permissible inflation ----------------------------------------------------------------------- Size designation PSI kPa ----------------------------------------------------------------------- 32 36 40 240 280 300 340 350 ---------------------------------------------------------------------------------------------------------------- Below 160 mm: (in-lbs)............................ 1,950 2,925 3,900 1,950 3,900 1,950 3,900 1,950 (joules)............................ 220 330 441 220 441 220 441 220 160 mm or above: (in-lbs)............................ 2,600 3,900 5,200 2,600 5,200 2,600 5,200 2,600 (joules)............................ 294 441 588 294 588 294 588 294 ---------------------------------------------------------------------------------------------------------------- Table I-D--For Tires With 420 kPa (60 psi) Maximum Permissible Inflation Pressure and Maximum Load Rating 399 kg (880 lb) and Above ---------------------------------------------------------------------------------------------------------------- Cord material Inch-pounds joules (J) ---------------------------------------------------------------------------------------------------------------- Rayon................................................. 1,650 inch pounds 186 joules (J). Nylon or Polyester.................................... 2,600 inch pounds 294 joules (J). ---------------------------------------------------------------------------------------------------------------- Table I-E--For Tires With 420 kPa (60 psi) Maximum Permissible Inflation Pressure and Maximum Load Rating Below 399 kg (880 lb) ---------------------------------------------------------------------------------------------------------------- Cord material Inch-pounds joules (J) ---------------------------------------------------------------------------------------------------------------- Rayon................................................. 1,000 inch pounds 113 joules (J). Nylon or Polyester.................................... 1,950 inch pounds 220 joules (J). ---------------------------------------------------------------------------------------------------------------- [[Page 512]] Table II--Test Inflation Pressures [Maximum permissible inflation pressure to be used for the following test] ---------------------------------------------------------------------------------------------------------------- psi kPa Test type -------------------------------------------------------------------------------- 32 36 40 60 240 280 300 340 350 ---------------------------------------------------------------------------------------------------------------- Physical dimensions............ 24 28 32 60 180 220 180 220 180 Bead unseating, tire strength, 24 28 32 52 180 220 180 220 180 and tire endurance............ High speed performance......... 30 34 38 58 220 260 220 260 220 ---------------------------------------------------------------------------------------------------------------- Appendix to Sec. 571.109 Persons requesting the addition of new tire sizes not included in S4.4.1(b) organizations may, upon approval, submit five (5) copies of information and data supporting the request to the Vehicle Dynamics Division, Office of Crash Avoidance Standards, National Highway Traffic Safety Administration, West Building, 1200 New Jersey Ave. SE., Washington, DC 20590. The information should contain the following: 1. The tire size designation, and a statement either that the tire is an addition to a category of tires listed in the tables or that it is in a new category for which a table has not been developed. 2. The tire dimensions, including aspect ratio, size factor, section width, overall width, and test rim size. 3. The load-inflation schedule of the tire. 4. A statement as to whether the tire size designation and load inflation schedule has been coordinated with the Tire and Rim Association, the European Tyre and Rim Technical Organization, the Japan Automobile Tyre Manufacturers Association, Inc., the Tyre and Rim Association of Australia, the Associacao Latino Americana de Pneus e Aros (Brazil), or the South African Bureau of Standards. 5. Copies of test data sheets showing test conditions, results and conclusions obtained for individual tests specified in Sec. 571.109. 6. Justification for the additional tire sizes. [38 FR 30235, Nov. 1, 1973] Editorial Note: For Federal Register citations affecting Sec. 571.109, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.110 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. S1. Purpose and scope. This standard specifies requirements for tire selection to prevent tire overloading and for motor home/recreation vehicle trailer load carrying capacity information. S2. Application. This standard applies to motor vehicles with a gross vehicle weight rating (GVWR) of 4,536 kilograms (10,000 pounds) or less, except for motorcycles, and to non-pneumatic spare tire assemblies for those vehicles. S3. Definitions. Accessory weight means the combined weight (in excess of those standard items which may be replaced) of automatic transmission, power steering, power brakes, power windows, power seats, radio, and heater, to the extent that these items are available as factory-installed equipment (whether installed or not). Curb weight means the weight of a motor vehicle with standard equipment including the maximum capacity of fuel, oil, and coolant, and, if so equipped, air conditioning and additional weight optional engine. Maximum loaded vehicle weight means the sum of-- (a) Curb weight; (b) Accessory weight; (c) Vehicle capacity weight; and (d) Production options weight. Light truck (LT) tire means a tire designated by its manufacturer as primarily intended for use on lightweight trucks or multipurpose passenger vehicles. Non-pneumatic rim is used as defined in Sec. 571.129. Non-pneumatic spare tire assembly means a non-pneumatic tire assembly intended for temporary use in place of one of the pneumatic tires and rims that are fitted to a passenger car in compliance with the requirements of this standard. Non-pneumatic tire and non-pneumatic tire assembly are used as defined in Sec. 571.129. [[Page 513]] Normal occupant weight means 68 kilograms times the number of occupants specified in the second column of Table I. Occupant distribution means distribution of occupants in a vehicle as specified in the third column of Table I. Passenger car tire means a tire intended for use on passenger cars, multipurpose passenger vehicles, and trucks, that have a gross vehicle weight rating (GVWR) of 10,000 pounds or less. Production options weight means the combined weight of those installed regular production options weighing over 2.3 kilograms in excess of those standard items which they replace, not previously considered in curb weight or accessory weight, including heavy duty brakes, ride levelers, roof rack, heavy duty battery, and special trim. Rim is used as defined in Sec. 571.109. Rim diameter means nominal diameter of the bead seat. Rim size designation means rim diameter and width. Rim type designation means the industry of manufacturer's designation for a rim by style or code. Rim width means nominal distance between rim flanges. Vehicle capacity weight means the rated cargo and luggage load plus 68 kilograms times the vehicle's designated seating capacity. Vehicle maximum load on the tire means that load on an individual tire that is determined by distributing to each axle its share of the maximum loaded vehicle weight and dividing by two. Vehicle normal load on the tire means that load on an individual tire that is determined by distributing to each axle its share of the curb weight, accessory weight, and normal occupant weight (distributed in accordance with Table I) and dividing by 2. Wheel center member is used as defined in Sec. 571.129. S4. Requirements. S4.1 General (a) Subject to the exceptions set forth in S4.1(b), vehicles shall be equipped with tires that meet the requirements of Sec. 571.139. (b) Notwithstanding the requirement in S4.1(a), (1) Passenger cars may be equipped with pneumatic T-type temporary spare tire assemblies that meet the requirements of Sec. 571.109 or non-pneumatic spare tire assemblies that meet the requirements of Sec. 571.129 and S6 and S8 of this standard. Passenger cars equipped with a non-pneumatic spare tire assembly shall also meet the requirements of S4.3(e), S5, and S7 of this standard. (2) Trailers may be equipped with ST tires, FI tires, or tires with a rim diameter code of 12 or below that meet the requirements of Sec. 571.119. S4.2 Tire load limits. S4.2.1 Tire load limits for passenger cars. S4.2.1.1 The vehicle maximum load on the tire shall not be greater than the applicable maximum load rating as marked on the sidewall of the tire. S4.2.1.2 The vehicle normal load on the tire shall not be greater than 94 percent of the load rating at the vehicle manufacturer's recommended cold inflation pressure for that tire. S4.2.2 Tire load limits for multipurpose passenger vehicles, trucks, buses, and trailers. S4.2.2.1 Except as provided in S4.2.2.2, the sum of the maximum load ratings of the tires fitted to an axle shall not be less than the GAWR of the axle system as specified on the vehicle's certification label required by 49 CFR part 567. If the certification label shows more than one GAWR for the axle system, the sum shall be not less than the GAWR corresponding to the size designation of the tires fitted to the axle. S4.2.2.2 When passenger car tires are installed on an MPV, truck, bus, or trailer, each tire's load rating is reduced by dividing it by 1.10 before determining, under S4.2.2.1, the sum of the maximum load ratings of the tires fitted to an axle. S4.2.2.3 (a) For vehicles, except trailers with no designated seating positions, equipped with passenger car tires, the vehicle normal load on the tire shall be no greater than 94 percent of the derated load rating at the vehicle manufacturer's recommended cold inflation pressure for that tire. (b) For vehicles, except trailers with no designated seating positions, [[Page 514]] equipped with LT tires, the vehicle normal load on the tire shall be no greater than 94 percent of the load rating at the vehicle manufacturer's recommended cold inflation pressure for that tire. S4.3 Placard. Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in S4.3 (a) through (g), and may show, at the manufacturer's option, the information specified in S4.3 (h) and (i), on a placard permanently affixed to the driver's side B-pillar. In each vehicle without a driver's side B-pillar and with two doors on the driver's side of the vehicle opening in opposite directions, the placard shall be affixed on the forward edge of the rear side door. If the above locations do not permit the affixing of a placard that is legible, visible and prominent, the placard shall be permanently affixed to the rear edge of the driver's side door. If this location does not permit the affixing of a placard that is legible, visible and prominent, the placard shall be affixed to the inward facing surface of the vehicle next to the driver's seating position. This information shall be in the English language and conform in color and format, not including the border surrounding the entire placard, as shown in the example set forth in Figure 1 in this standard. At the manufacturer's option, the information specified in S4.3 (c), (d), and, as appropriate, (h) and (i) may be shown, alternatively to being shown on the placard, on a tire inflation pressure label which must conform in color and format, not including the border surrounding the entire label, as shown in the example set forth in Figure 2 in this standard. The label shall be permanently affixed and proximate to the placard required by this paragraph. The information specified in S4.3 (e) shall be shown on both the vehicle placard and on the tire inflation pressure label (if such a label is affixed to provide the information specified in S4.3 (c), (d), and, as appropriate, (h) and (i)) may be shown in the format and color scheme set forth in Figures 1 and 2. If the vehicle is a motor home and is equipped with a propane supply, the weight of full propane tanks must be included in the vehicle's unloaded vehicle weight. If the vehicle is a motor home and is equipped with an on-board potable water supply, the weight of such on-board water must be treated as cargo. (a) Vehicle capacity weight expressed as ``The combined weight of occupants and cargo should never exceed XXX kilograms or XXX pounds''; (b) Designated seated capacity (expressed in terms of total number of occupants and number of occupants for each front and rear seat location); (c) Vehicle manufacturer's recommended cold tire inflation pressure for front, rear and spare tires, subject to the limitations of S4.3.4. For full size spare tires, the statement ``see above'' may, at the manufacturer's option replace manufacturer's recommended cold tire inflation pressure. If no spare tire is provided, the word ``none'' must replace the manufacturer's recommended cold tire inflation pressure. (d) Tire size designation, indicated by the headings ``size'' or ``original tire size'' or ``original size,'' and ``spare tire'' or ``spare,'' for the tires installed at the time of the first purchase for purposes other than resale. For full size spare tires, the statement ``see above'' may, at the manufacturer's option replace the tire size designation. If no spare tire is provided, the word ``none'' must replace the tire size designation; (e) On the vehicle placard, ``Tire and Loading Information and, on the tire inflation pressure label, ``Tire Information''; (f) ``See Owner's Manual for Additional Information''; (g) For a vehicle equipped with a non-pneumatic spare tire assembly, the tire identification code with which that assembly is labeled pursuant to the requirements of S4.3(a) of 571.129, New Non-Pneumatic Tires for Passenger Cars; (h) At the manufacturer's option, identifying information provided in any alphanumeric and or barcode form, located vertically, along the right edge or the left edge of the placard or the label, or horizontally, along the bottom edge of the placard or the label; and [[Page 515]] (i) At the manufacturer's option, the load range identification symbol, load index, and speed rating, located immediately to the right of the tire size designation listed in accordance with S4.3(d) above. S4.3.1 Requirements for vehicles manufactured in two or more stages. A placard or placard and label shall be affixed to the completed vehicle by the final-stage manufacturer in accordance with S4.3 and with the vehicle capacity weight and seating designations as finally manufactured. S4.3.2 Requirements for altered vehicles. Except as provided in S10, a new placard or placard and label shall be affixed, so as to obscure the original placard, to an altered vehicle that has previously been certified in accordance with Sec. 567.4 or Sec. 567.5, other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, or who alters the vehicle in such a manner that its stated weight ratings are no longer valid, before the first purchase of the vehicle in good faith for purposes other than resale, containing accurate information for the altered vehicle, in accordance with S4.3. S4.3.3 Additional labeling information for vehicles other than passenger cars. Each vehicle shall show the size designation and, if applicable, the type designation of rims (not necessarily those on the vehicle) appropriate for the tire appropriate for use on that vehicle, including the tire installed as original equipment on the vehicle by the vehicle manufacturer, after each GAWR listed on the certification label required by Sec. 567.4 or Sec. 567.5 of this chapter. This information shall be in the English language, lettered in block capitals and numerals not less than 2.4 millimeters high and in the following format: Truck Example--Suitable Tire-Rim Choice GVWR: 2,441 kilograms (5381 pounds). GAWR: Front--1,299 kilograms (2,864 pounds) with P265/70R16 tires, 16 x 8.0 rims at 248 kPa (36 psi) cold single. GAWR: Rear--1,299 kilograms (2,864 pounds) with P265/70R16 tires, 16 x 8.00 rims, at 248 kPa (36 psi) cold single. S4.3.4 No inflation pressure other than the maximum permissible inflation pressure may be shown on the placard and, if any, tire inflation pressure label unless-- (a) It is less than the maximum permissible inflation pressure; (b) It is appropriate for the load limits as calculated in accordance with S4.2; and (c) The tire load rating specified in a submission by an individual manufacturer, pursuant to S4.1.1(a) of Sec. 571.139 or contained in one of the publications described in S4.1.1(b) of Sec. 571.139, for the tire size at that inflation pressure is not less than the vehicle maximum load and the vehicle normal load on the tire for those vehicle loading conditions. S4.3.5 Requirements for trailers. Each trailer, except for an incomplete vehicle, must show the information specified in S4.3 (c) through (g), and may show the information specified in S4.3 (h) and (i), on a placard permanently affixed proximate to the certification label specified in 49 CFR part 567. Additionally, each trailer must on its placard contain a cargo capacity statement expressed as ``The weight of cargo should never exceed XXX kilograms or XXX pounds'' in the same location on the placard specified for the ``vehicle capacity weight'' statement required by this standard. At the manufacturer's option, the information specified in S4.3 (c), (d), (h) and (i) may be shown, alternatively, on a tire inflation pressure label, and conform in color and format, not including the border surrounding the entire label, as specified in the example set forth in Figure 2 in this standard. The label shall be permanently affixed and proximate to the placard required by this paragraph. The information specified in S4.3 (e) shall be shown on both the vehicle placard and on the tire inflation pressure label (if such a label is affixed to provide the information specified in S4.3 (c), (d), (h) and (i)) in the format and color scheme set forth in Figures 1 and 2. If the vehicle is a recreation vehicle trailer and is equipped with a propane supply, the weight of full propane tanks must be [[Page 516]] included in the vehicle's unloaded vehicle weight. If the vehicle is a recreation vehicle trailer and is equipped with an on-board potable water supply, the weight of such on-board water must be treated as cargo. S4.4 Rims. S4.4.1 Requirements. Each rim shall: (a) Be constructed to the dimensions of a rim that is listed by the manufacturer of the tires as suitable for use with those tires, in accordance with S4 of Sec. 571.139. (b) Except for trailers, in the event of rapid loss of inflation pressure with the vehicle traveling in a straight line at a speed of 97 km/h (60 mph), retain the deflated tire until the vehicle can be stopped with a controlled braking application. Table I--Occupant Loading and Distribution for Vehicle Normal Load for Various Designated Seating Capacities ------------------------------------------------------------------------ Vehicle normal Designated seating capacity, load, Occupant distribution in a number of occupants number of normally loaded vehicle occupants ------------------------------------------------------------------------ 2 through 4 2 2 in front. 5 through 10 3 2 in front, 1 in second seat. 11 through 15 5 2 in front, 1 in second seat, 1 in third seat, 1 in fourth seat. 16 through 22 7 2 in front, 2 in second seat, 2 in third seat, 1 in fourth seat. ------------------------------------------------------------------------ S4.4.2. Rim markings for vehicles other than passenger cars. Each rim or, at the option of the manufacturer in the case of a single-piece wheel, each wheel disc shall be marked with the information listed in S4.4.2 (a) through (e), in lettering not less than 3 millimeters in height, impressed to a depth or, at the option of the manufacturer, embossed to a height of not less than 0.125 millimeters. The information listed in S4.4.2 (a) through (c) shall appear on the outward side. In the case of rims of multi piece construction, the information listed in S4.4.2 (a) through (e) shall appear on the rim base and the information listed in S4.4.2 (b) and (d) shall also appear on each other part of the rim. (a) A designation that indicates the source of the rim's published nominal dimensions, as follows: (1) ``T'' indicates The Tire and Rim Association. (2) ``E'' indicates The European Tyre and Rim Technical Organization. (3) ``J'' indicates Japan Automobile Tire Manufacturers'' Association, Inc. (4) ``L'' indicates ABPA (Brazil), a.k.a. Associacao Latino Americana De Pneus E Aros. (5) ``F'' indicates Tire and Rim Engineering Data Committee of South Africa (Tredco). (6) ``S'' indicates Scandinavian Tire and Rim Organization (STRO). (7) ``A'' indicates The Tyre and Rim Association of Australia. (8) ``I'' indicates Indian Tyre Technical Advisory Committee (ITTAC). (9) ``R'' indicates Argentine Institute of Rationalization of Materials, a.k.a. Instituto Argentino de Racionalizaci[oacute]n de Materiales, (ARAM). (10) ``N'' indicates an independent listing pursuant to S4.1 of Sec. 571.139 or S5.1(a) of Sec. 571.119. (b) The rim size designation, and in case of multipiece rims, the rim type designation. For example: 20 x 5.50, or 20 x 5.5. (c) The symbol DOT, constituting a certification by the manufacturer of the rim that the rim complies with all applicable Federal motor vehicle safety standards. (d) A designation that identifies the manufacturer of the rim by name, trademark, or symbol. (e) The month, day and year or the month and year of manufacture, expressed either numerically or by use of a symbol, at the option of the manufacturer. For example: ``September 4, 2001'' may be expressed numerically as: ``90401'', ``904, 01'' or ``01, 904''; ``September 2001'' may be expressed as: ``901'', ``9, 01'' or ``01, 9''. (1) Any manufacturer that elects to express the date of manufacture by means of a symbol shall notify NHTSA in writing of the full names and addresses of all manufacturers and brand name owners utilizing that symbol and the name and address of the trademark owner of that symbol, if any. The notification shall describe in narrative form and in detail how the month, day, and year or the month and year are depicted by the symbol. Such description [[Page 517]] shall include an actual size graphic depiction of the symbol, showing and/or explaining the interrelationship of the component parts of the symbol as they will appear on the rim or single piece wheel disc, including dimensional specifications, and where the symbol will be located on the rim or single piece wheel disc. The notification shall be received by NHTSA not less than 60 calendar days before the first use of the symbol. The notification shall be mailed to National Highway Traffic Safety Administration, West Building, 1200 New Jersey Ave. SE, Washington, DC 20590. All information provided to NHTSA under this paragraph will be placed in the public docket. (2) Each manufacturer of wheels shall provide an explanation of its date of manufacture symbol to any person upon request. S5. Load Limits for Non-Pneumatic Spare Tires. The highest vehicle maximum load on the tire for the vehicle shall not be greater than the load rating for the non-pneumatic spare tire. S6 Labeling Requirements for Non-Pneumatic Spare Tires or Tire Assemblies. Each non-pneumatic tire or, in the case of a non-pneumatic tire assembly in which the non-pneumatic tire is an integral part of the assembly, each non-pneumatic tire assembly shall include, in letters or numerals not less than 4 millimeters high, the information specified in paragraphs S6 (a) and (b). The information shall be permanently molded, stamped, or otherwise permanently marked into or onto the non-pneumatic tire or non-pneumatic tire assembly, or shall appear on a label that is permanently attached to the tire or tire assembly. If a label is used, it shall be subsurface printed, made of material that is resistant to fade, heat, moisture and abrasion, and attached in such a manner that it cannot be removed without destroying or defacing the label on the non- pneumatic tire or tire assembly. The information specified in paragraphs S6 (a) and (b) shall appear on both sides of the non-pneumatic tire or tire assembly, except, in the case of a non-pneumatic tire assembly which has a particular side that must always face outward when mounted on a vehicle, in which case the information specified in paragraphs S6 (a) and (b) shall only be required on the outward facing side. The information shall be positioned on the tire or tire assembly such that it is not placed on the tread or the outermost edge of the tire and is not obstructed by any portion of any non-pneumatic rim or wheel center member designated for use with that tire in this standard or in Standard No. 129. (a) FOR TEMPORARY USE ONLY; and (b) MAXIMUM 80 KM/H (50 M.P.H.). S7. Requirements for Passenger Cars Equipped with Non-Pneumatic Spare Tire Assemblies S7.1 Vehicle Placarding Requirements. A placard, permanently affixed to the inside of the vehicle trunk or an equally accessible location adjacent to the non-pneumatic spare tire assembly, shall display the information set forth in S6 in block capitals and numerals not less than 6 millimeters high preceded by the words ``IMPORTANT--USE OF SPARE TIRE'' in letters not less than 9 millimeters high. S7.2 Supplementary Information. The owner's manual of the passenger car shall contain, in writing in the English language and in not less than 10 point type, the following information under the heading ``IMPORTANT--USE OF SPARE TIRE'': (a) A statement indicating the information related to appropriate use for the non-pneumatic spare tire including at a minimum the information set forth in S6 (a) and (b) and either the information set forth in S4.3(g) or a statement that the information set forth in S4.3(g) is located on the vehicle placard and on the non-pneumatic tire; (b) An instruction to drive carefully when the non-pneumatic spare tire is in use, and to install the proper pneumatic tire and rim at the first reasonable opportunity; and (c) A statement that operation of the passenger car is not recommended with more than one non-pneumatic spare tire in use at the same time. S8. Non-Pneumatic Rims and Wheel Center Members S8.1 Non-Pneumatic Rim Requirements. Each non-pneumatic rim that is part of a separable non-pneumatic [[Page 518]] spare tire assembly shall be constructed to the dimensions of a non- pneumatic rim that is listed pursuant to S4.4 of Sec. 571.129 for use with the non-pneumatic tire, designated by its non-pneumatic tire identification code, with which the vehicle is equipped. S8.2 Wheel Center Member Requirements. Each wheel center member that is part of a separable non-pneumatic spare tire assembly shall be constructed to the dimensions of a wheel center member that is listed pursuant to S4.4 of Sec. 571.129 for use with the non-pneumatic tire, designated by its non-pneumatic tire identification code, with which the vehicle is equipped. [GRAPHIC] [TIFF OMITTED] TR22MR05.000 [[Page 519]] [GRAPHIC] [TIFF OMITTED] TR22MR05.001 S9. Each motor home and recreation vehicle (RV) trailer must meet the applicable requirements in S9. S9.1 On motor homes, the sum of the gross axle weight ratings (GAWR) of all axles on the vehicle must not be less than the gross vehicle weight rating (GVWR). S9.2 On RV trailers, the sum of the GAWRs of all axles on the vehicle plus the vehicle manufacturer's recommended tongue weight must not be less than the GVWR. If tongue weight is specified as a range, the minimum value must be used. S9.3 Each motor home and RV trailer single stage or final stage manufacturer must affix either a motor home occupant and cargo carrying capacity (OCCC) label (Figure 3) or a RV trailer cargo carrying capacity (CCC) label (Figure 4) to its vehicles that meets the following criteria: S9.3.1 The RV load carrying capacity labels (Figures 3 and 4) and the RV supplemental labels (Figures 5 and 6) required by S9.3.3(b) must be legible, visible, moisture resistant, presented in the English language, have a minimum print size of 2.4 millimeters (3/32 inches) high and be printed in black print on a yellow background. S9.3.2 The weight value for load carrying capacity on the RV load carrying capacity labels (Figures 3 and 4) must be displayed to the nearest kilogram with conversion to the nearest pound and must be such that the vehicle does not exceed its GVWR when loaded with the stated load carrying capacity. The UVW and the GVWR used to determine the RV's load carrying capacity must reflect the weights and design of the motor home or RV trailer as configured for delivery to the dealer/service facility. If applicable, the weight of full propane tanks must be included in the RV's UVW and the weight of on-board potable water must be treated as cargo. S9.3.3 An RV load carrying capacity label (Figures 3 or 4) must be: (a) Permanently affixed and must be visibly located on the interior of the forward-most exterior passenger door [[Page 520]] on the right side of the vehicle or; at the option of the manufacturer, (b) A temporary version of the RV load carrying capacity label (Figures 3 or 4) must be visibly located on the interior of the forward- most exterior passenger door on the right side of the vehicle. A permanent motor home or RV trailer supplemental label (Figures 5 or 6) must be permanently affixed within 25 millimeters of the placard specified in S4.3 for motor homes and S4.3.5 for RV trailers. S9.3.4 Permanent and temporary motor home OCCC labels must contain the following information in accordance with Figure 3: (a) The statement: ``MOTOR HOME OCCUPANT AND CARGO CARRYING CAPACITY'' in block letters. (b) The Vehicle Identification Number (VIN). (c) The statement ``THE COMBINED WEIGHT OF OCCUPANTS AND CARGO SHOULD NEVER EXCEED: XXX kg or XXX lbs'' in block letters with appropriate values included. (d) The statement ``Safety belt equipped seating capacity: XXX'' with the appropriate value included. This is the total number of safety belt equipped seating positions. (e) The statement ``CAUTION: A full load of water equals XXX kg or XXX lbs of cargo @ 1 kg/L (8.3 lb/gal) and the tongue weight of a towed trailer counts as cargo'' with appropriate values included. S9.3.5 Permanent and temporary RV trailer CCC labels must contain the following information in accordance with Figure 4: (a) The statement: ``RECREATION VEHICLE TRAILER CARGO CARRYING CAPACITY'' in block letters. (b) The Vehicle Identification Number (VIN). (c) The statement ``THE WEIGHT OF CARGO SHOULD NEVER EXCEED: XXX kg or XXX lbs'' in block letters with appropriate values included. (d) The statement ``CAUTION: A full load of water equals XXX kg or XXX lbs of cargo @ 1 kg/L (8.3 lb/gal)'' with appropriate values included. S9.3.6 For RVs, the vehicle capacity weight values and the seating capacity values (motor homes only) on the placard required by S4.3 or S4.3.5 must agree with the load carrying capacity weight values and the safety belt equipped seating capacity (motor homes only) on the RV load carrying capacity labels (Figures 3 and 4). S9.3.7 The permanent motor home supplemental label must contain the following information in accordance with Figure 5: (a) The statement ``CAUTION: A full load of water equals XXX kg or XXX lbs of cargo @ 1 kg/L (8.3 lb/gal) and the tongue weight of a towed trailer counts as cargo'' with appropriate values included. S9.3.8 The permanent RV trailer supplemental label must contain the following information in accordance with Figure 6: (a) The statement ``CAUTION: A full load of water equals XXX kg or XXX lbs of cargo @ 1 kg/L (8.3 lb/gal)'' with appropriate values included. S10. Weight added to vehicles between final vehicle certification and first retail sale of the vehicle. S10.1 If weight exceeding the lesser of 1.5 percent of GVWR or 45.4 kg (100 pounds) is added to a vehicle between final vehicle certification and first retail sale of the vehicle, the vehicle capacity weight values on the placard required by S4.3 or S4.3.5 and the load carrying capacity weight values on the RV load carrying capacity labels (Figures 3 and 4) required by S9.3 must be corrected using one or a combination of the following methods: (a) Permanently affix load carrying capacity modification labels (Figure 7), which display the amount the load carrying capacity is reduced to the nearest kilogram with conversion to the nearest pound, within 25 millimeters of the original, permanent RV load carrying capacity label (Figure 3 or 4) and the original placard (Figure 1). The load carrying capacity modification labels must be legible, visible, permanent, moisture resistant, presented in the English language, have a minimum print size of 2.4 millimeters (3/32 inches) high and be printed in black print on a yellow background, or (b) If the manufacturer selects S9.3.3(b), apply a temporary version of the load carrying capacity modification label (Figure 7) within 25 millimeters of the original, temporary RV load [[Page 521]] carrying capacity label (Figure 3 or 4) on the interior of the forward- most exterior passenger door on the right side of the vehicle, in addition to applying a permanent version of the same label within 25 mm of the placard required by S4.3 or S4.3.5. Both temporary and permanent versions of the load carrying capacity modification label (Figure 7) may be printed without values and values may be legibly applied to the label with a black, fine point, indelible marker. The label must contain the statements ``CAUTION--LOAD CARRYING CAPACITY REDUCED'' in block letters and ``Modifications to this vehicle have reduced the original load carrying capacity by XXX kg or XXX lbs'' in accordance with Figure 7. If two load carrying capacity modification labels are required (one permanent and one temporary), the weight values on each must agree, or (c) Modify the original, permanent RV load carrying capacity labels (Figures 3 and 4) and the placard (Figure 1) with correct vehicle capacity weight values. If the manufacturer selects S9.3.3(b), the temporary RV load carrying capacity labels (Figures 3 and 4) must also be modified with correct vehicle capacity weight values. Modification of labels requires a machine printed overlay with printed corrected values or blanks for corrected values that may be entered with a black, fine- point, indelible marker. Crossing out old values and entering corrected values on the original label is not permissible, or (d) Replace the original, permanent RV load carrying capacity labels (Figures 3 and 4) and the placard (Figure 1) with the same labels/ placard containing correct vehicle capacity weight values. If the manufacturer selects S9.3.3(b), the temporary RV load carrying capacity labels (Figures 3 and 4) must also be replaced with the same labels containing correct vehicle capacity weight values. S10.2 Corrected load carrying capacity weight values or the weight amount the load carrying capacity is reduced, must reflect the total weight added between final vehicle certification and first retail sale and must be accurate within one percent of the actual added weight. No action is required if the weight of the vehicle is reduced between final vehicle certification and first retail sale. [[Page 522]] [GRAPHIC] [TIFF OMITTED] TR04DE07.043 [36 FR 22902, Dec. 2, 1971] Editorial Note: For Federal Register citations affecting Sec. 571.111, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. [[Page 523]] Sec. 571.111 Standard No. 111; Rear visibility. S1. Scope. This standard specifies requirements for rear visibility devices and systems. S2. Purpose. The purpose of this standard is to reduce the number of deaths and injuries that occur when the driver of a motor vehicle does not have a clear and reasonably unobstructed view to the rear. S3. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, buses, school buses, motorcycles and low-speed vehicles. S4. Definitions. Backing event means an amount of time which starts when the vehicle's direction selector is placed in reverse, and ends at the manufacturer's choosing, when the vehicle forward motion reaches: (a) a speed of 10 mph, (b) a distance of 10 meters traveled, or (c) a continuous duration of 10 seconds. Convex mirror means a mirror having a curved reflective surface whose shape is the same as that of the exterior surface of a section of a sphere. Effective mirror surface means the portions of a mirror that reflect images, excluding the mirror rim or mounting brackets. Environmental test fixture means a device designed to support the external components of the rear visibility system for testing purposes, using any factory seal which would be used during normal vehicle operation, in a manner that simulates the on-vehicle component orientation during normal vehicle operation, and prevents the exposure of any test conditions to portions of the external component which are not exposed to the outside of the motor vehicle. External component means any part of the rear visibility system which is exposed to the outside of the motor vehicle. Key means a physical device or an electronic code which, when inserted into the starting system (by physical or electronic means), enables the vehicle operator to activate the engine or motor. Limited line manufacturer means a manufacturer that sells three or fewer carlines, as that term is defined in 49 CFR 583.4, in the United States during a production year, as that term is defined in S15. Rearview image means a visual image, detected by means of a single source, of the area directly behind a vehicle that is provided in a single location to the vehicle operator and by means of indirect vision. Rear visibility system means the set of devices or components which together perform the function of producing the rearview image as required under this standard. Small manufacturer means an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States. Starting system means the vehicle system used in conjunction with the key to activate the engine or motor. Unit magnification mirror means a plane or flat mirror with a reflective surface through which the angular height and width of the image of an object is equal to the angular height and width of the object when viewed directly at the same distance except for flaws that do not exceed normal manufacturing tolerances. For the purposes of this regulation a prismatic day-night adjustment rearview mirror one of whose positions provides unit magnification is considered a unit magnification mirror. S5. Requirements for passenger cars. S5.1 Inside rearview mirror. Each passenger car shall have an inside rearview mirror of unit magnification. 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. The line of sight may be partially obscured by seated occupants or by head restraints. The location of the driver's eye reference points [[Page 524]] shall be those established in Motor Vehicle Safety Standard No. 104 (Sec. 571.104) or a nominal location appropriate for any 95th percentile male driver. S5.1.2 Mounting. The mirror mounting shall provide a stable support for the mirror, and shall provide for mirror adjustment by tilting in both the horizontal and vertical directions. If the mirror is in the head impact area, the mounting shall deflect, collapse or break away without leaving sharp edges when the reflective surface of the mirror is subjected to a force of 400 N in any forward direction that is not more than 45[deg] from the forward longitudinal direction. S5.2 Outside rearview mirror--driver's side. S5.2.1 Field of view. Each passenger car shall have an outside mirror of unit magnification. The mirror shall provide the driver a view of a level road surface extending to the horizon from a line, perpendicular to a longitudinal plane tangent to the driver's side of the vehicle at the widest point, extending 2.4 m out from the tangent plane 10.7 m behind the driver's eyes, with the seat in the rearmost position. The line of sight may be partially obscured by rear body or fender contours. The location of the driver's eye reference points shall be those established in Motor Vehicle Safety Standard No. 104 (Sec. 571.104) or a nominal location appropriate for any 95th percentile male driver. S5.2.2 Mounting. The mirror mounting shall provide a stable support for the mirror, and neither the mirror nor the mounting shall protrude farther than the widest part of the vehicle body except to the extent necessary to produce a field of view meeting or exceeding the requirements of S5.2.1. The mirror shall not be obscured by the unwiped portion of the windshield, and shall be adjustable by tilting in both horizontal and vertical directions from the driver's seated position. The mirror and mounting shall be free of sharp points or edges that could contribute to pedestrian injury. S5.3 Outside rearview mirror passenger's side. Each passenger car whose inside rearview mirror does not meet the field of view requirements of S5.1.1 shall have an outside mirror of unit magnification or a convex mirror installed on the passenger's side. The mirror mounting shall provide a stable support and be free of sharp points or edges that could contribute to pedestrian injury. The mirror need not be adjustable from the driver's seat but shall be capable of adjustment by tilting in both horizontal and vertical directions. S5.4 Convex mirror requirements. Each motor vehicle using a convex mirror to meet the requirements of S5.3 shall comply with the following requirements: S5.4.1 When each convex mirror is tested in accordance with the procedures specified in S12. of this standard, none of the radii of curvature readings shall deviate from the average radius of curvature by more than plus or minus 12.5 percent. S5.4.2 Each convex mirror shall have permanently and indelibly marked at the lower edge of the mirror's reflective surface, in letters not less than 4.8 mm nor more than 6.4 mm high the words ``Objects in Mirror Are Closer Than They Appear.'' S5.4.3 The average radius of curvature of each such mirror, as determined by using the procedure in S12., shall be not less than 889 mm and not more than 1,651 mm. S5.5 Rear visibility. (a) Phase-in period requirements. For passenger cars with a GVWR of 4,536 kg or less manufactured on or after May 1, 2016, but not later than April 30, 2018, a percentage of each manufacturer's production, as specified in S15, shall display a rearview image meeting the requirements of S5.5.1. (b) Final requirements. Each passenger car with a GVWR of 4,536 kg or less manufactured on or after May 1, 2018, shall display a rearview image meeting the requirements of S5.5.1 through S5.5.7. S5.5.1 Field of view. When tested in accordance with the procedures in S14.1, the rearview image shall include: (a) A minimum of a 150-mm wide portion along the circumference of each test object located at positions F and G specified in S14.1.4; and (b) The full width and height of each test object located at positions A through E specified in S14.1.4. [[Page 525]] S5.5.2 Size. When the rearview image is measured in accordance with the procedures in S14.1, the calculated visual angle subtended by the horizontal width of (a) All three test objects located at positions A, B, and C specified in S14.1.4 shall average not less than 5 minutes of arc; and (b) Each individual test object (A, B, and C) shall not be less than 3 minutes of arc. S5.5.3 Response time. The rearview image meeting the requirements of S5.5.1 and S5.5.2, when tested in accordance with S14.2, shall be displayed within 2.0 seconds of the start of a backing event. S5.5.4 Linger time. The rearview image meeting the requirements of S5.5.1 and S5.5.2 shall not be displayed after the backing event has ended. S5.5.5 Deactivation. The rearview image meeting the requirements of S5.5.1 and S5.5.2 shall remain visible during the backing event until either, the driver modifies the view, or the vehicle direction selector is removed from the reverse position. S5.5.6 Default view. The rear visibility system must default to the rearview image meeting the requirements of S5.5.1 and S5.5.2 at the beginning of each backing event regardless of any modifications to the field of view the driver has previously selected. S5.5.7 Durability. The rear visibility system shall meet the field of view and image size requirements of S5.5.1 and S5.5.2 after each durability test specified in S14.3.1, S14.3.2, and S14.3.3. S6. Requirements for multipurpose passenger vehicles, low-speed vehicles, trucks, buses, and school buses with GVWR of 4,536 kg or less. S6.1 Each multipurpose passenger vehicle, truck and bus, other than a school bus, with a GVWR of 4,536 kg or less shall have either-- (a) Mirrors that conform to the requirements of S5.; or (b) Outside mirrors of unit magnification, each with not less than 126 cm\2\ of reflective surface, installed with stable supports on both sides of the vehicle, located so as to provide the driver a view to the rear along both sides of the vehicle, and adjustable in both the horizontal and vertical directions to view the rearward scene. S6.2 Rear visibility. (a) Phase-in period requirements. For multipurpose passenger vehicles, low-speed vehicles, trucks, buses, and school buses with a GVWR of 4,536 kg or less manufactured on or after May 1, 2016, but not later than April 30, 2018, a percentage of each manufacturer's production, as specified in S15, shall display a rearview image meeting the requirements of S6.2.1. (b) Final requirements. Each multipurpose passenger vehicle, low- speed vehicle, truck, bus, and school bus with a GVWR of 4,536 kg or less manufactured on or after May 1, 2018, shall display a rearview image meeting the requirements of S6.2.1 through S6.2.7. S6.2.1 Field of view. When tested in accordance with the procedures in S14.1, the rearview image shall include: (a) A minimum of a 150-mm wide portion along the circumference of each test object located at positions F and G specified in S14.1.4; and (b) The full width and height of each test object located at positions A through E specified in S14.1.4. S6.2.2 Size. When the rearview image is measured in accordance with the procedures in S14.1, the calculated visual angle subtended by the horizontal width of (a) All three test objects located at positions A, B, and C specified in S14.1.4 shall average not less than 5 minutes of arc; and (b) Each individual test object (A, B, and C) shall not be less than 3 minutes of arc. S6.2.3 Response time. The rearview image meeting the requirements of S6.2.1 and S6.2.2, when tested in accordance with S14.2, shall be displayed within 2.0 seconds of the start of a backing event. S6.2.4 Linger time. The rearview image meeting the requirements of S6.2.1 and S6.2.2 shall not be displayed after the backing event has ended. S6.2.5 Deactivation. The rearview image meeting the requirements of S6.2.1 and S6.2.2 shall remain visible during the backing event until either, the driver modifies the view, or the vehicle direction selector is removed from the reverse position. [[Page 526]] S6.2.6 Default view. The rear visibility system must default to the rearview image meeting the requirements of S6.2.1 and S6.2.2 at the beginning of each backing event regardless of any modifications to the field of view the driver has previously selected. S6.2.7 Durability. The rear visibility system shall meet the field of view and image size requirements of S6.2.1 and S6.2.2 after each durability test specified in S14.3.1, S14.3.2, and S14.3.3. S7. Requirements for multipurpose passenger vehicles and trucks with a GVWR of more than 4,536 kg and less than 11,340 kg and buses, other than school buses, with a GVWR of more than 4,536 kg. S7.1 Each multipurpose passenger vehicle and truck with a GVWR of more than 4,536 kg and less than 11,340 kg and each bus, other than a school bus, with a GVWR of more than 4,536 kg shall have outside mirrors of unit magnification, each with not less than 323 cm\2\ of reflective surface, installed with stable supports on both sides of the vehicle. The mirrors shall be located so as to provide the driver a view to the rear along both sides of the vehicle and shall be adjustable both in the horizontal and vertical directions to view the rearward scene. S8. Requirements for multipurpose passenger vehicles and trucks with a GVWR of 11,340 kg or more. S8.1 Each multipurpose passenger vehicle and truck with a GVWR of 11,340 kg or more shall have outside mirrors of unit magnification, each with not less than 323 cm\2\ of reflective surface, installed with stable supports on both sides of the vehicle. The mirrors shall be located so as to provide the driver a view to the rear along both sides of the vehicle and shall be adjustable both in the horizontal and vertical directions to view the rearward scene. S9. Requirements for School Buses. When a school bus is tested in accordance with the procedures of S13, it shall meet the requirements of S9.1 through S9.4. S9.1 Outside Rearview Mirrors. Each school bus shall have two outside rearview mirror systems: System A and System B. S9.2. System A shall be located with stable supports so that the portion of the system on the bus's left side, and the portion on its right side, each: (a) Includes at least one mirror of unit magnification with not less than 323 cm\2\ of reflective surface; and (b) Includes one or more mirrors which together provide, at the driver's eye location, a view of: (1) For the mirror system on the right side of the bus, the entire top surface of cylinder N in Figure 2, and that area of the ground which extends rearward from cylinder N to a point not less than 61 meters from the mirror surface. (2) For the mirror system on the left side of the bus, the entire top surface of cylinder M in Figure 2, and that area of the ground which extends rearward from cylinder M to a point not less than 61 meters from the mirror surface. S9.3(a) For each of the cylinders A through P whose entire top surface is not directly visible from the driver's eye location, System B shall provide, at that location: (1) A view of the entire top surface of that cylinder. (2) A view of the ground that overlaps with the view of the ground provided by System A. (b) Each mirror installed in compliance with S9.3(a) shall meet the following requirements: (1) Each mirror shall have a projected area of at least 258 cm\2\, as measured on a plane at a right angle to the mirror's axis. (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. (3) Each mirror shall have no discontinuities in the slope of the surface of the mirror. (4) Each mirror shall be installed with a stable support. (c) Each school bus which has a mirror installed in compliance with S9.3(a) that has an average radius of curvature of less than 889 mm, as determined under S12, shall have a label visible to the seated driver. The label shall be printed in a type face and color that are clear and conspicuous. The label shall state the following: [[Page 527]] ``USE CROSS VIEW MIRRORS TO VIEW PEDESTRIANS WHILE BUS IS STOPPED. DO NOT USE THESE MIRRORS TO VIEW TRAFFIC WHILE BUS IS MOVING. IMAGES IN SUCH MIRRORS DO NOT ACCURATELY SHOW ANOTHER VEHICLE'S LOCATION.'' S9.4(a) Each image required by S9.3(a)(1) to be visible at the driver's eye location shall be separated from the edge of the effective mirror surface of the mirror providing that image by a distance of not less than 3 minutes of arc. (b) The image required by S9.3(a)(1) of cylinder P shall meet the following requirements: (1) The angular size of the shortest dimension of that cylinder's image shall be not less than 3 minutes of arc; and (2) The angular size of the longest dimension of that cylinder's image shall be not less than 9 minutes of arc. S10. Requirements for motorcycles. S10.1 Each motorcycle shall have either a mirror of unit magnification with not less than 8065 mm\2\ of reflective surface, or a convex mirror with not less than 6450 mm\2\ of reflective surface and an average radius of curvature not less than 508 mm and not greater than 1524 mm, installed with a stable support, and mounted so that the horizontal center of the reflective surface is at least 279 mm outward of the longitudinal centerline of the motorcycle. The mirror shall be adjustable by tilting in both the horizontal and vertical directions. S11. Mirror Construction. The average reflectance of any mirror required by this standard shall be determined in accordance with SAE Standard J964 OCT84 (incorporated by reference, see Sec. 571.5). All single reflectance mirrors shall have an average reflectance of at least 35 percent. If a mirror is capable of multiple reflectance levels, the minimum reflectance level in the day mode shall be at least 35 percent and the minimum reflectance level in the night mode shall be at least 4 percent. A multiple reflectance mirror shall either be equipped with a means for the driver to adjust the mirror to a reflectance level of at least 35 percent in the event of electrical failure, or achieve such reflectance level automatically in the event of electrical failure. S12. Determination of radius of curvature. S12.1 To determine the average radius of curvature of a convex mirror, use a 3-point linear spherometer, which meets the requirements of S12.2, at the 10 test positions shown in Figure 1 and record the readings for each position. S12.2 The 3-point linear spherometer has two outer fixed legs 38 mm apart and one inner movable leg at the midpoint. The spherometer has a dial indicator with a scale that can be read accurately to .0025 mm, with the zero reading being a flat surface. S12.3 The 10 test positions on the image display consist of two positions at right angles to each other at each of five locations as shown in Figure 1. The locations are at the center of the mirror, at the left and right ends of a horizontal line that bisects the mirror and at the top and bottom ends of a vertical line that bisects the mirror. None of the readings are within a 6.4 mm border on the edge of the image display. S12.4 At each position, the spherometer is held perpendicular to the convex mirror-surface and a record is made of the reading on the dial indicator to the nearest .0025 mm. S12.5 Convert the dial reading data for each of the 10 test positions to radius of curvature calculations using Table I. Consider the change as linear for dial readings that fall between two numbers in Table I. S12.6 Calculate the average radius of curvature by adding all 10 radius of curvature calculations and dividing by ten. S12.7 Determine the numerical difference between the average radius of curvature and each of the 10 individual radius of curvature calculations determined in S12.5. S12.8 Calculate the greatest percentage deviation by dividing the greatest numerical difference determined in S12.7 by the average radius of curvature and multiply by 100. [[Page 528]] [GRAPHIC] [TIFF OMITTED] TR24SE98.034 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 .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 [[Page 529]] .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 ------------------------------------------------------------------------ S13. School bus mirror test procedures. The requirements of S9.1 through S9.4 shall be met when the vehicle is tested in accordance with the following conditions. S13.1 The cylinders shall be a color which provides a high contrast with the surface on which the bus is parked. S13.2 The cylinders are 0.3048 m high and 0.3048 m in diameter, except for cylinder P which is 0.9144 m high and 0.3048 m in diameter. S13.3 Place cylinders at locations as specified in S13.3(a) through S13.3(g) and illustrated in Figure 2. Measure the distances shown in Figure 2 from a cylinder to another object from the center of the cylinder as viewed from above. (a) Place cylinders G, H, and I so that they are tangent to a transverse vertical plane tangent to the forward-most surface of the bus's front bumper. Place cylinders D, E, F so that their centers are located in a transverse vertical plane that is 1.8288 meters (6 feet) forward of a transverse vertical plane passing through the centers of cylinders G, H, and I. Place cylinders A, B, and C so that their centers are located in a transverse vertical plane that is 3.6576 meters (12 feet) forward of the transverse vertical plane passing through the centers of cylinders G, H, and I. (b) Place cylinders B, E, and H so that their centers are in a longitudinal vertical plane that passes through the bus's longitudinal centerline. (c) Place cylinders A, D, and G so that their centers are in a longitudinal vertical plane that is tangent to the most outboard edge of the left side of the bus's front bumper. (d) Place cylinders C, F, and I so that their centers are in a longitudinal vertical plane that is tangent to the most outboard edge of the right side of the bus's front bumper. (e) Place cylinder J so that its center is in a longitudinal vertical plane 0.3048 meters (1 foot) to the left of the longitudinal vertical plane passing through the centers of cylinders A, D, and G, and is in the transverse vertical plane that passes through the centerline of the bus's front axle. (f) Place cylinder K so that its center is in a longitudinal vertical plane 0.3048 meters (1 foot) to the right of the longitudinal vertical plane passing through the centers of cylinders C, F, and I, and is in the transverse vertical plane that passes through the centerline of the bus's front axle. (g) Place cylinders L, M, N, O, and P so that their centers are in the transverse vertical plane that passes through the centerline of the bus's rear axle. Place cylinder L so that its center is in a longitudinal vertical plane that is 1.8288 meters (6 feet) to the left of the longitudinal vertical plane tangent to the bus's most outboard left surface (excluding the mirror system). Place cylinder M so that its center is in a longitudinal vertical plane that is 0.3048 meters (1 foot) to the left of the longitudinal vertical plane tangent to the left side of the bus. Place cylinder N so that its center is in a longitudinal vertical plane that is 0.3048 meters (1 foot) to the right of the longitudinal vertical plane tangent to the right side of the bus. Place cylinder O so that its center is in a longitudinal vertical plane that is 1.8288 meters (6 feet) to the right of the longitudinal vertical plane tangent to the right side of the bus. Place cylinder P so that its center is in a longitudinal vertical plane that is 3.6576 meters (12 feet) to the right of the longitudinal vertical plane tangent to the right side of the bus. [[Page 530]] [GRAPHIC] [TIFF OMITTED] TR27MY98.002 [[Page 531]] [GRAPHIC] [TIFF OMITTED] TC01AU91.041 S13.4 The driver's eye location is the eye location of a 25th percentile adult female, when seated in the driver's seat as follows: (a) The center point of the driver's eye location is the point located 68.58 centimeters (27 inches) vertically above the intersection of the seat cushion and the seat back at the longitudinal centerline of the seat. (b) Adjust the driver's seat to the midway point between the forward-most and rear-most positions, and if separately adjustable in the vertical direction, adjust to the lowest position. If an adjustment position does not [[Page 532]] exist at the midway point, use the closest adjustment position to the rear of the midpoint. If a seat back is adjustable, adjust the seat back angle to the manufacturer's nominal design riding position in accordance with the manufacturer's recommendations. S13.5 Adjustable mirrors are adjusted before the test in accordance with the manufacturer's recommendations. Such mirrors are not moved or readjusted at any time during the test. 13.6 Place a 35 mm or larger format camera, or video camera, so that its image plane is located at the center point of the driver's eye location or at any single point within a semicircular area established by a 15.24 centimeter (6 inch) radius parallel to and forward of the center point (see figure 3). With the camera at any single location on or within that semicircle look through the camera and the windows of the bus and determine whether the entire top surface of each cylinder is directly visible. S13.7 For each cylinder whose entire top surface is determined under paragraph 13.4 of this section not to be directly visible at the driver's eye location, (a) Place a comparison chart (see figure 4) above the mirror that provides the fullest view of the cylinder in situations where a cylinder is partially visible through more than one mirror. [GRAPHIC] [TIFF OMITTED] TC01AU91.042 The width of the bars in Figure 4 indicating three minutes of arc and nine minutes of arc are derived from the following formula: For 3 minutes of arc: [[Page 533]] X = D x 0.000873, Where: X = the width of a line, in the unit of measurement D, representing 3 minutes of arc; D = distance from center point of driver's eye location to the center of the mirror's surface; and 0.000873 = tangent of 3 minutes of arc. For 9 minutes of arc: X = D x 0.002618, Where: X = the width of a line, in the unit of measurement D, representing 9 minutes of arc; D = distance from center point of driver's eye location to the center of the mirror's surface; and 0.002618 = tangent of 9 minutes of arc. (b) Photograph each cylinder through the mirror(s) that provides a view of the cylinder. Photograph each cylinder with the camera located so that the view through its film or image plane is located at any single location within the semicircle established under 13.4, [POINT A,B,C, OR D] ensuring that the image of the mirror and comparison chart fill the camera's view finder to the extent possible. 13.8 Make all observations and take all photographs with the service/entry door in the closed position and the stop signal arm(s) in the fully retracted position. S14. Rear visibility test procedure. S14.1 Field of view and image size test procedure. S14.1.1 Lighting. The ambient illumination conditions in which testing is conducted consists of light that is evenly distributed from above and is at an intensity of between 7,000 lux and 10,000 lux, as measured at the center of the exterior surface of the vehicle's roof. S14.1.2 Vehicle conditions. S14.1.2.1 Tires. The vehicle's tires are set to the vehicle manufacturer's recommended cold inflation pressure. S14.1.2.2 Fuel tank loading. The fuel tank is full. S14.1.2.3 Vehicle load. The vehicle is loaded to simulate the weight of the driver and four passengers or the designated occupant capacity, if less. The weight of each occupant is represented by 45 kg resting on the seat pan and 23 kg resting on the vehicle floorboard placed in the driver's designated seating position and any other available designated seating position. S14.1.2.4 Rear hatch and trunk lids. If the vehicle is equipped with rear hatches or trunk lids, they are closed and latched in their normal vehicle operating condition. S14.1.2.5 Driver's seat positioning. S14.1.2.5.1 Adjust the driver's seat to the midpoint of the longitudinal adjustment range. If the seat cannot be adjusted to the midpoint of the longitudinal adjustment range, the closest adjustment position to the rear of the midpoint shall be used. S14.1.2.5.2 Adjust the driver's seat to the lowest point of all vertical adjustment ranges present. S14.1.2.5.3 Using the three dimensional SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin, adjust the driver's seat back angle at the vertical portion of the H-point machine's torso weight hanger to 25 degrees. If this adjustment setting is not available, adjust the seat-back angle to the positional detent setting closest to 25 degrees in the direction of the manufacturer's nominal design riding position. S14.1.3 Test object. Each test object is a right circular cylinder that is 0.8 m high and 0.3 m in external diameter. There are seven test objects, designated A through G, and they are marked as follows. (a) Test objects A, B, C, D, and E are marked with a horizontal band encompassing the uppermost 150 mm of the side of the cylinder. (b) Test objects F and G are marked on the side with a solid vertical stripe of 150 mm width extending from the top to the bottom of each cylinder. (c) Both the horizontal band and vertical stripe shall be of a color that contrasts with both the rest of the cylinder and the test surface. S14.1.4 Test object locations and orientation. Place the test objects at locations specified in S14.1.4(a)-(f) and illustrated in Figure 5. Measure the distances shown in Figure 5 from a test object to another test object or other object from the cylindrical center (axis) of the test object as viewed from above. Each test object is oriented so that its axis is vertical. [[Page 534]] (a) Place test objects F and G so that their centers are in a transverse vertical plane that is 0.3 m to the rear of a transverse vertical plane tangent to the rearmost surface of the rear bumper. (b) Place test objects D and E so that their centers are in a transverse vertical plane that is 3.05 m to the rear of a transverse vertical plane tangent to the rearmost surface of the rear bumper. (c) Place test objects A, B and C so that their centers are in a transverse vertical plane that is 6.1 m to the rear of a transverse vertical plane tangent to the rearmost surface of the rear bumper. (d) Place test object B so that its center is in a longitudinal vertical plane passing through the vehicle's longitudinal centerline. (e) Place test objects C, E, and G so that their centers are in a longitudinal vertical plane located 1.52 m, measured laterally and horizontally, to the right of the vehicle longitudinal center line. (f) Place test objects A, D, and F so that their centers are in a longitudinal vertical plane located 1.52 m, measured laterally and horizontally, to the left of the vehicle longitudinal center line. S14.1.5 Test reference point. Obtain the test reference point using the following procedure. (a) Locate the center of the forward-looking eye midpoint (Mf) illustrated in Figure 6 so that it is 635 mm vertically above the H point (H) and 96 mm aft of the H point. (b) Locate the head/neck joint center (J) illustrated in Figure 6 so that it is 100 mm rearward of Mf and 588 mm vertically above the H point. (c) Draw an imaginary horizontal line between Mf and a point vertically above J, defined as J2. (d) Rotate the imaginary line about J2 in the direction of the rearview image until the straight-line distance between Mf and the center of the display used to present the rearview image required in this standard reaches the shortest possible value. (e) Define this new, rotated location of Mf to be Mr (eye midpoint rotated). S14.1.6 Display adjustment. If the display is mounted with a rotational adjustment mechanism, adjust the display such that the surface of the display is normal to the imaginary line traveling through Mr and J2 or as near to normal as the display adjustment will allow. S14.1.7 Steering wheel adjustment. The steering wheel is adjusted to the position where the longitudinal centerline of all vehicle tires are parallel to the longitudinal centerline of the vehicle. If no such position exists, adjust the steering wheel to the position where the longitudinal centerline of all vehicle tires are closest to parallel to the longitudinal centerline of the vehicle. S14.1.8 Measurement procedure. (a) Locate a 35 mm or larger format still camera, video camera, or digital equivalent such that the center of the camera's image plane is located at Mr and the camera lens is directed at the center of the display's rearview image. (b) Affix a ruler at the base of the rearview image in an orientation perpendicular with a test object cylinder centerline. If the vehicle head restraints obstruct the camera's view of the display, they may be adjusted or removed. (c) Photograph the image of the visual display with the ruler included in the frame and the rearview image displayed. S14.1.8.1 Extract photographic data. (a) Using the photograph, measure the apparent length, of a 50 mm delineated section of the in-photo ruler, along the ruler's edge, closest to the rearview image and at a point near the horizontal center of the rearview image. (b) Using the photograph, measure the horizontal width of the colored band at the upper portion of each of the three test objects located at positions A, B, and C in Figure 5. (c) Define the measured horizontal widths of the colored bands of the three test objects as da, db, and dc. S14.1.8.2 Obtain scaling factor. Using the apparent length of the 50 mm portion of the ruler as it appears in the photograph, divide this apparent length by 50 mm to obtain a scaling factor. Define this scaling factor as sscale. S14.1.8.3 Determine viewing distance. Determine the actual distance from the rotated eye midpoint location (Mr) to [[Page 535]] the center of the rearview image. Define this viewing distance as aeye. S14.1.8.4 Calculate visual angle subtended by test objects. Use the following equation to calculate the subtended visual angles: [GRAPHIC] [TIFF OMITTED] TR07AP14.006 where i can take on the value of either test object A, B, or C, and arcsine is calculated in units of degrees. S14.2 Image response time test procedure. The temperature inside the vehicle during this test is any temperature between 15 [deg]C and 25 [deg]C. Immediately prior to commencing the actions listed in subparagraphs (a)-(c) of this paragraph, all components of the rear visibility system are in a powered off state. Then: (a) Open the driver's door to any width, (b) Close the driver's door (c) Activate the starting system using the key, and (d) Select the vehicle's reverse direction at any time not less than 4.0 seconds and not more than 6.0 seconds after the driver's door is opened. The driver door is open when the edge of the driver's door opposite of the door's hinge is no longer flush with the exterior body panel. S14.3 Durability test procedures. For the durability tests specified in S14.3.1, S14.3.2, and S14.3.3, the external components are mounted on an environmental test fixture. S14.3.1 Corrosion test procedure. The external components are subjected to two 24-hour corrosion test cycles. In each corrosion test cycle, the external components are subjected to a salt spray (fog) test in accordance with ASTM B117-03 (incorporated by reference, see Sec. 571.5) for a period of 24 hours. Allow 1 hour to elapse without spray between the two test cycles. S14.3.2 Humidity exposure test procedure. The external components are subjected to 24 consecutive 3-hour humidity test cycles. In each humidity test cycle, external components are subjected to a temperature of 100[deg] + 7[deg]-0 [deg]F (38[deg] + 4[deg]-0 [deg]C) with a relative humidity of not less than 90% for a period of 2 hours. After a period not to exceed 5 minutes, the external components are subjected to a temperature of 32[deg] + 5[deg] -0 [deg]F (0[deg] + 3[deg] -0 [deg]C) and a humidity of not more than 30% 10% for 1 hour. Allow no more than 5 minutes to elapse between each test cycle. S14.3.3 Temperature exposure test procedure. The external components are subjected to 4 consecutive 2-hour temperature test cycles. In each temperature test cycle, the external components are first subjected to a temperature of 176[deg] 5 [deg]F (80[deg] 3 [deg]C) for a period of one hour. After a period not to exceed 5 minutes, the external components are subjected to a temperature of 32[deg] + 5[deg] -0 [deg]F (0[deg] + 3[deg] -0 [deg]C) for 1 hour. Allow no more than 5 minutes to elapse between each test cycle. [[Page 536]] [GRAPHIC] [TIFF OMITTED] TR07AP14.002 [[Page 537]] [GRAPHIC] [TIFF OMITTED] TR07AP14.003 S15 Rear visibility phase-in schedule. For the purposes of the requirements in S15.1 through S15.7, production year means the 12-month period between May 1 of one year and April 30 of the following year, inclusive. S15.1 Vehicles manufactured on or after May 1, 2016 and before May 1, 2018. At any time during or after the production years ending April 30, 2017 and April 30, 2018, each manufacturer shall, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model and vehicle identification number) that have been certified as complying with S5.5.1 or S6.2.1 of this [[Page 538]] standard. The manufacturer's designation of a vehicle as a certified vehicle is irrevocable. S15.2 Vehicles manufactured on or after May 1, 2016 and before May 1, 2017. Except as provided in S15.4, for passenger cars, multipurpose passenger vehicles, trucks, buses, and low-speed vehicles with a GVWR of 4,536 kg or less, manufactured by a manufacturer on or after May 1, 2016, and before May 1, 2017, the number of such vehicles complying with S5.5.1 or S6.2.1 shall be not less than 10 percent of the manufacturer's-- (a) Production of such vehicles during that period; or (b) Average annual production of such vehicles manufactured in the three previous production years. S15.3 Vehicles manufactured on or after May 1, 2017 and before May 1, 2018. Except as provided in S15.4, for passenger cars, multipurpose passenger vehicles, trucks, buses, and low-speed vehicles with a GVWR of 4,536 kg or less, manufactured by a manufacturer on or after May 1, 2017, and before May 1, 2018, the number of such vehicles complying with S5.5.1 or S6.2.1 shall be not less than 40 percent of the manufacturer's-- (a) Production of such vehicles during that period; or (b) Average annual production of such vehicles manufactured in the three previous production years. S15.4 Exclusions from phase-in. The following vehicles shall not be subject to the requirements in S15.1 through S15.3 but shall achieve full compliance with this standard at the end of the phase-in period in accordance with S5.5(b) and S6.2(b): (a) Vehicles that are manufactured by small manufacturers or by limited line manufacturers. (b) Vehicles that are altered (within the meaning of 49 CFR 567.7) before May 1, 2017, after having been previously certified in accordance with part 567 of this chapter, and vehicles manufactured in two or more stages before May 1, 2018. S15.5 Vehicles produced by more than one manufacturer. For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S15.1 through S15.3, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S15.6-- (a) A vehicle that is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S15.6 A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S15.5. S15.7 Calculation of complying vehicles. (a) For the purposes of calculating the vehicles complying with S15.2, a manufacturer may count a vehicle if it is manufactured on or after May 1, 2016 but before May 1, 2017. (b) For purposes of complying with S15.3, a manufacturer may count a vehicle if it is manufactured on or after May 1, 2017 but before May 1, 2018 and, (c) For the purposes of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer, each vehicle that is excluded from having to meet the applicable requirement is not counted. [41 FR 36025, Aug. 26, 1976, as amended at 41 FR 56813, Dec. 30, 1976; 47 FR 38700, Sept. 2, 1982; 48 FR 38844, Aug. 26, 1983; 48 FR 40262, Sept. 6, 1983; 56 FR 58516, Nov. 20, 1991; 57 FR 57015, Dec. 2, 1992; 58 FR 60402, Nov. 16, 1993; 60 FR 15692, Mar. 27, 1995; 63 FR 28929, May 27, 1998; 63 FR 51000, Sept. 24, 1998; 69 FR 18497, Apr. 8, 2004; 77 FR 758, Jan. 6, 2012; 79 FR 19243, Apr. 7, 2014] Sec. 571.112 [Reserved] Sec. 571.113 Standard No. 113; Hood latch system. S1. Purpose and scope. This standard establishes the requirement for providing a hood latch system or hood latch systems. S2. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses. S3. Definitions. Hood means any exterior movable body panel forward of the [[Page 539]] windshield that is used to cover an engine, luggage, storage, or battery compartment. S4. Requirements. S4.1 Each hood must be provided with a hood latch system. S4.2 A front opening hood which, in any open position, partially or completely obstructs a driver's forward view through the windshield must be provided with a second latch position on the hood latch system or with a second hood latch system. Sec. 571.114 Standard No. 114; Theft protection and rollaway prevention. S1. Scope. This standard specifies vehicle performance requirements intended to reduce the incidence of crashes resulting from theft and accidental rollaway of motor vehicles. S2. Purpose. The purpose of this standard is to decrease the likelihood that a vehicle is stolen, or accidentally set in motion. S3. Application. This standard applies to all passenger cars, and to trucks and multipurpose passenger vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. However, it does not apply to walk-in van-type vehicles. Additionally, paragraph S5.3 of this standard applies to all motor vehicles, except trailers and motorcycles, with a GVWR of 4,536 kilograms (10,000 pounds) or less. S4. Definitions. Combination means a variation of the key that permits the starting system of a particular vehicle to be operated. Key means a physical device or an electronic code which, when inserted into the starting system (by physical or electronic means), enables the vehicle operator to activate the engine or motor. Open-body type vehicle means a vehicle having no occupant compartment doors or vehicle having readily detachable occupant compartment doors. Starting system means the vehicle system used in conjunction with the key to activate the engine or motor. Vehicle type, as used in S5.1.2, refers to passenger car, truck, or multipurpose passenger vehicle, as those terms are defined in 49 CFR 571.3. S5 Requirements. Each vehicle subject to this standard must meet the requirements of S5.1, S5.2, and S5.3. Open-body type vehicles are not required to comply with S5.1.3. S5.1 Theft protection. S5.1.1 Each vehicle must have a starting system which, whenever the key is removed from the starting system prevents: (a) The normal activation of the vehicle's engine or motor; and (b) Either steering, or forward self-mobility, of the vehicle, or both. S5.1.2 For each vehicle type manufactured by a manufacturer, the manufacturer must provide at least 1,000 unique key combinations, or a number equal to the total number of the vehicles of that type manufactured by the manufacturer, whichever is less. The same combinations may be used for more than one vehicle type. S5.1.3 Except as specified below, an audible warning to the vehicle operator must be activated whenever the key is in the starting system and the door located closest to the driver's designated seating position is opened. An audible warning to the vehicle operator need not activate: (a) After the key has been inserted into the starting system, and before the driver takes further action; or (b) If the key is in the starting system in a manner or position that allows the engine or motor to be started or to continue operating; or (c) For mechanical keys and starting systems, after the key has been withdrawn to a position from which it may not be turned. S5.1.4 If a vehicle is equipped with a transmission with a ``park'' position, the means for deactivating the vehicle's engine or motor must not activate any device installed pursuant to S5.1.1(b), unless the transmission is locked in the ``park'' position. S5.2 Rollaway prevention in vehicles equipped with transmissions with a ``park'' position. S5.2.1 Except as specified in S5.2.3, the starting system required by S5.1 must prevent key removal when tested according to the procedures in S6, unless the transmission or gear selection control is locked in ``park'' or becomes locked in ``park'' as a direct result of key removal. [[Page 540]] S5.2.2 Except as specified in S5.2.4, the vehicle must be designed such that the transmission or gear selection control cannot move from the ``park'' position, unless the key is in the starting system. S5.2.3 Key removal override option. At the option of the manufacturer, the key may be removed from the starting system without the transmission or gear selection control in the ``park'' position under one of the following conditions: (a) In the event of electrical failure, including battery discharge, the vehicle may permit key removal from the starting system without the transmission or gear selection control locked in the ``park'' position; or (b) Provided that steering or self-mobility is prevented, the vehicle may have a device by which the user can remove the key from the starting system without the transmission or gear selection control locked in ``park.'' This device must require: (i) The use of a tool, and (ii) Simultaneous activation of the device and removal of the key; or (c) Provided that steering or self-mobility is prevented, the vehicle may have a device by which the user can remove the key from the starting system without the transmission or gear selection control locked in ``park.'' This device must be covered by an opaque surface which, when installed: (i) Prevents sight of and use of the device, and (ii) Can be removed only by using a screwdriver or other tool. S5.2.4 Gear selection control override option. The vehicle may have a device by which the user can move the gear selection control from ``park'' after the key has been removed from the starting system. This device must be operable by one of the three options below: (a) By use of the key; or (b) By a means other than the key, provided steering or forward self-mobility is prevented when the key is removed from the starting system. Such a means must require: (i) The use of a tool, and (ii) Simultaneous activation of this means and movement of the gear selection control from ``park;'' or (c) By a means other than the key, provided steering or forward self-mobility is prevented when the key is removed from the starting system. This device must be covered by an opaque surface which, when installed: (i) Prevents sight of and use of the device, and (ii) Can be removed only by using a screwdriver or other tool. S5.2.5 When tested in accordance with S6.2.2, each vehicle must not move more than 150 mm on a 10 percent grade when the gear selection control is locked in ``park.'' S5.3 Brake transmission shift interlock. Each motor vehicle manufactured on or after September 1, 2010 with a GVWR of 4,536 kilograms (10,000 pounds) or less with an automatic transmission that includes a ``park'' position shall be equipped with a system that requires the service brake to be depressed before the transmission can be shifted out of ``park.'' This system shall function in any starting system key position in which the transmission can be shifted out of ``park.'' This section does not apply to trailers or motorcycles. S6. Compliance test procedure for vehicles with transmissions with a ``park'' position. S6.1 Test conditions. S6.1.1 The vehicle shall be tested at curb weight plus 91 kg (including the driver). S6.1.2 Except where specified otherwise, the test surface shall be level. S6.2 Test procedure. S6.2.1 (a) Activate the starting system using the key. (b) Move the gear selection control to any gear selection position or any other position where it will remain without assistance, including a position between any detent positions, except for the ``park'' position. (c) Attempt to remove the key in each gear selection position. S6.2.2 (a) Drive the vehicle forward up a 10 percent grade and stop it with the service brakes. (b) Apply the parking brake (if present). (c) Move the gear selection control to ``park.'' [[Page 541]] (d) Note the vehicle position. (e) Release the parking brake. Release the service brakes. (f) Remove the key. (g) Verify that the gear selection control or transmission is locked in ``park.'' (h) Verify that the vehicle, at rest, has moved no more than 150 mm from the position noted prior to release of the brakes. S6.2.3 (a) Drive the vehicle forward down a 10 percent grade and stop it with the service brakes. (b) Apply the parking brake (if present). (c) Move the gear selection control to ``park.'' (d) Note the vehicle position. (e) Release the parking brake. Release the service brakes. (f) Remove the key. (g) Verify that the gear selection control or transmission is locked in ``park.'' (h) Verify that the vehicle, at rest, has moved no more than 150 mm from the position noted prior to release of the brakes. [71 FR 17755, Apr. 7, 2006, as amended at 75 FR 15624, Mar. 30, 2010] Sec. 571.115 [Reserved] Sec. 571.116 Standard No. 116; Motor vehicle brake fluids. S1. Scope. This standard specifies requirements for fluids for use in hydraulic brake systems of motor vehicles, containers for these fluids, and labeling of the containers. S2. Purpose. The purpose of this standard is to reduce failures in the hydraulic braking systems of motor vehicles which may occur because of the manufacture or use of improper or contaminated fluid. S3. Application. This standard applies to all fluid for use in hydraulic brake systems of motor vehicles. In addition, S5.3 applies to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles. S4. Definitions. Blister means a cavity or sac on the surface of a brake cup. Brake fluid means a liquid designed for use in a motor vehicle hydraulic brake system in which it will contact elastomeric components made of styrene and butadiene rubber (SBR), ethylene and propylene rubber (EPR), polychloroprene (CR) brake hose inner tube stock or natural rubber (NR). Chipping means a condition in which small pieces are missing from the outer surface of a brake cup. Duplicate samples means two samples of brake fluid taken from a single packaged lot and tested simultaneously. Hydraulic system mineral oil means a mineral-oil-based fluid designed for use in motor vehicle hydraulic brake systems in which the fluid is not in contact with components made of SBR, EPR or NR. Packager means any person who fills containers with brake fluid that are subsequently distributed for retail sale. Packaged lot is that quantity of brake fluid shipped by the manufacturer to the packager in a single container, or that quantity of brake fluid manufactured by a single plant run of 24 hours or less, through the same processing equipment and with no change in ingredients. Scuffing means a visible erosion of a portion of the outer surface of a brake cup. A silicone base brake fluid (SBBF) is a brake fluid which consists of not less than 70 percent by weight of a diorgano polysiloxane. Sloughing means degradation of a brake cup as evidenced by the presence of carbon black loosely held on the brake cup surface, such that a visible black streak is produced when the cup, with a 500 10 gram deadweight on it, is drawn base down over a sheet of white bond paper placed on a firm flat surface. Stickiness means a condition on the surface of a brake cup such that fibers will be pulled from a wad of U.S.P. absorbent cotton when it is drawn across the surface. S5. Requirements. This section specifies performance requirements for DOT 3, DOT 4 and DOT 5 brake fluids; requirements for brake fluid certification; and requirements for container sealing, labeling and color coding for brake fluids and hydraulic system mineral oils. Where a range of tolerances is [[Page 542]] specified, the brake fluid shall meet the requirements at all points within the range. S5.1 Brake fluid. When tested in accordance with S6, brake fluids shall meet the following requirements: S5.1.1 Equilibrium reflux boiling point (ERBP). When brake fluid is tested according to S6.1, the ERBP shall not be less than the following value for the grade indicated: (a) DOT 3: 205 [deg]C. (401 [deg]F.). (b) DOT 4: 230 [deg]C. (446 [deg]F.). (c) DOT 5: 260 [deg]C. (500 [deg]F.). S5.1.2 Wet ERBP. When brake fluid is tested according to S6.2, the wet ERBP shall not be less than the following value for the grade indicated: (a) DOT 3: 140 [deg]C. (284 [deg]F.). (b) DOT 4: 155 [deg]C. (311 [deg]F.). (c) DOT 5: 1 180 [deg]C. (356 [deg]F.). S5.1.3. Kinematic viscosities. When brake fluid is tested according to S6.3, the kinematic viscosities in square millimeters per second at stated temperatures shall be neither less than 1.5 mm\2\/s at 100 [deg]C. (212 [deg]F.) nor more than the following maximum value for the grade indicated: (a) DOT 3: 1,500 mm\2\/s at minus 40 [deg]C. (minus 40 [deg]F.). (b) DOT 4: 1,800 mm\2\/s at minus 40 [deg]C. (minus 40 [deg]F.). (c) DOT 5: 900 mm\2\/s at minus 40 [deg]C. (minus 40 [deg]F.). S5.1.4 pH value. When brake fluid, except DOT 5 SBBF, is tested according to S6.4, the pH value shall not be less than 7.0 nor more than 11.5. S5.1.5 Brake fluid stability. S5.1.5.1 High-temperature stability. When brake fluid is tested according to S6.5.3 the ERBP shall not change by more than 3 [deg]C. (5.4 [deg]F.) plus 0.05[deg] for each degree that the ERBP of the fluid exceeds 225 [deg]C. (437 [deg]F.). S5.1.5.2 Chemical stability. When brake fluid, except DOT 5 SBBF, is tested according to S6.5.4, the change in temperature of the refluxing fluid mixture shall not exceed 3.0 [deg]C (5.4 [deg]F.) plus 0.05[deg] for each degree that the ERBP of the fluid exceeds 225 [deg]C (437 [deg]F.). S5.1.6 Corrosion. When brake fluid is tested according to S6.6-- (a) The metal test strips shall not show weight changes exceeding the limits stated in Table I. Table I ------------------------------------------------------------------------ Maximum permissible weight Test strip material change, mg./ sq. cm. of surface ------------------------------------------------------------------------ Steel, tinned iron, cast iron.............................. 0.2 Aluminum................................................... .1 Brass, copper.............................................. .4 ------------------------------------------------------------------------ (b) Excluding the area of contact (13 1 mm. (\1/2\ \1/32\ inch) measured from the bolt hole end of the test strip), the metal test strips shall not show pitting or etching to an extent discernible without magnification; (c) The water-wet brake fluid at the end of the test shall show no jelling at 23 5 [deg]C (73.4 9 [deg]F.); (d) No crystalline deposit shall form and adhere to either the glass jar walls or the surface of the metal strips; (e) At the end of the test, sedimentation of the water-wet brake fluid shall not exceed 0.10 percent by volume; (f) The pH value of water-wet brake fluid, except DOT 5 SBBF, at the end of the test shall not be less than 7.0 nor more than 11.5; (g) The cups at the end of the test shall show no disintegration, as evidenced by blisters or sloughing; (h) The hardness of the cup shall not decrease by more than 15 International Rubber Hardness Degrees (IRHD); and (i) The base diameter of the cups shall not increase by more than 1.4 mm. (0.055 inch). S5.1.7 Fluidity and appearance at low temperature. When brake fluid is tested according to S6.7, at the storage temperature and for the storage times given in Table II-- (a) The fluid shall show no sludging, sedimentation, crystallization, or stratification; (b) Upon inversion of the sample bottle, the time required for the air bubble to travel to the top of the fluid shall not exceed the bubble flow times shown in Table II; and (c) On warming to room temperature, the fluid shall resume the appearance and fluidity that it had before chilling. [[Page 543]] Table II--Fluidity and Appearance at Low Temperatures ------------------------------------------------------------------------ Maximum Storage bubble Storage temperature time flow time (hours) (seconds) ------------------------------------------------------------------------ Minus 40 2 [deg]C. (minus 144 3.6 [deg]F.).......... minus2 [deg]C. (minus 6 3.6 [deg]F.).......... minus1 ml. of brake fluid and the silicon carbide grains into the flask. (d) Attach the flask to the condenser. When using a heating mantle, place the mantle under the flask and support it with a ring-clamp and laboratory-type stand, holding the entire assembly in place by a clamp. When using a rheostat-controlled heater, center a standard porcelain or hard asbestos refractory, having a diameter opening 32 to 38 mm., over the heating element and mount the flask so that direct heat is applied only through the opening in the refractory. Place the assembly in an area free from drafts or other types of sudden temperature changes. Connect the cooling water inlet and outlet tubes to the condenser. Turn on the cooling water. The water supply temperature shall not exceed 28 [deg]C. (82.4 [deg]F.) and the temperature rise through the condenser shall not exceed 2 [deg]C. (3.6 [deg]F.). S6.1.4 Procedure. Apply heat to the flask so that within 10 2 minutes the fluid is refluxing in excess of 1 drop per second. The reflux rate shall not exceed 5 drops per second at any time. Immediately adjust the heating rate to obtain an equilibrium reflux rate of 1 to 2 drops per second over the next 5 2 minutes. Maintain this rate for an additional 2 minutes, taking four temperature readings at 30-second intervals. Record the average of these as the observed ERBP. If no reflux is evident when the fluid temperature reaches 260 [deg]C (500 [deg]F), discontinue heating and report ERBP as in excess of 260 [deg]C (500 [deg]F). S6.1.5 Calculation. (a) Thermometer inaccuracy. Correct the observed ERBP by applying any correction factor obtained in standardizing the thermometer. (b) Variation from standard barometric pressure. Apply the factor shown in Table III to calculate the barometric pressure correction to the ERBP. [[Page 547]] Table III--Correction for Barometric Pressure ------------------------------------------------------------------------ Correction per 1 mm difference in pressure Observed ERBP corrected for thermometer \a\ inaccuracy ----------------------- [deg]C. ([deg]F.) ------------------------------------------------------------------------ 100 [deg]C. (212 [deg]F.) to 190 [deg]C. (374 0.039 (0.07) [deg]F.)....................................... Over 190 [deg]C. (374 [deg]F.).................. 0.04 (0.08) ------------------------------------------------------------------------ \a\ To be added in case barometric pressure is below 760 mm.; to be subtracted in case barometric pressure is above 670 mm. (c) If the two corrected observed ERBP's agree within 2 [deg]C. (4 [deg]C. for brake fluids having an ERBP over 230 [deg]C./446 [deg]F.) average the duplicate runs as the ERBP; otherwise, repeat the entire test, averaging the four corrected observed values to determine the original ERBP. S6.2 Wet ERBP. Determine the wet ERBP of a brake fluid by running duplicate samples according to the following procedure. S6.2.1. Summary of procedure. A 350 ml. sample of the brake fluid is humidified under controlled conditions; 350 ml. of SAE triethylene glycol monomethyl ether, brake fluid grade, referee material (TEGME) as described in appendix E of SAE Standard J1703 NOV83 (incorporated by reference, see Sec. 571.5), is used to establish the end point for humidification. After humidification, the water content and ERBP of the brake fluid are determined. S6.2.2 Apparatus for humidification. (See Figure 3). Test apparatus shall consist of-- (a) Glass jars. Four SAE RM-49 corrosion test jars or equivalent screwtop, straight-sided, round glass jars each having a capacity of about 475 ml. and approximate inner dimensions of 100 mm. in height by 75 mm. in diameter, with matching lids having new, clean inserts providing water-vapor-proof seals; (b) Desiccator and cover. Two bowl-form glass desiccators, 250-mm. inside diameter, having matching tubulated covers fitted with No. 8 rubber stoppers; and (c) Desiccator plate. Two 230-mm. diameter, perforated porcelain desiccator plates, without feet, glazed on one side. S6.2.3 Reagents and materials. (a) Distilled water, see S7.1. (b) SAE TEGME referee material (see appendix E of SAE Standard J1703 NOV83 (incorporated by reference, see Sec. 571.5)). S6.2.4 Preparation of apparatus. Lubricate the ground-glass joint of the desiccator. Pour 450 10 ml. of distilled water into each desiccator and insert perforated porcelain desiccator plates. Place the desiccators in an oven with temperature controlled at 50 1 [deg]C. (122 1.8 [deg]F.) throughout the humidification procedure. S6.2.5 Procedure. Pour 350 5 ml. of brake fluid into an open corrosion test jar. Prepare in the same manner a duplicate test fluid sample and two duplicate specimens of the SAE TEGME referee material (350 5 ml. of TEGME in each jar). The water content of the SAE TEGME fluid is adjusted to 0.50 0.05 percent by weight at the start of the test in accordance with S7.2. Place one sample each of the test brake fluid and the prepared TEGME sample into the same desiccator. Repeat for the second sample of test brake fluid and TEGME in a second desiccator. Place the desiccators in the 50 [deg]C. (122 [deg]F.) controlled oven and replace desiccator covers. At intervals, during oven humidification, remove the rubber stoppers in the tops of desiccators. Using a long needled hypodermic syringe, take a sample of not more than 2 ml. from each TEGME sample and determine its water content. Remove no more than 10 ml. of fluid from each SAE TEGME sample during the humidification procedure. When the water content of the SAE fluid reaches 3.70 0.05 percent by weight (average of the duplicates). remove the two test fluid specimens from their desiccators and promptly cap each jar tightly. Allow the sealed jars to cool for 60 to 90 minutes at 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.). Measure the water contents of the test fluid specimens in accordance with S7.2 and determine their ERBP's in accordance with S6.1. If the two ERBPs agree within 4 [deg]C. (8 [deg]F.), average them to determine the wet ERBP; otherwise repeat and average the four individual ERBPs as the wet ERBP of the brake fluid. [[Page 548]] [GRAPHIC] [TIFF OMITTED] TC01AU91.045 S6.3 Kinematic viscosities. Determine the kinematic viscosity of a brake fluid in mm\2\/s by the following procedure. Run duplicate samples at each of the specified temperatures, making two timed runs on each sample. S6.3.1 Summary of the procedure. The time is measured for a fixed volume of the brake fluid to flow through a calibrated glass capillary viscometer under an accurately reproducible head and at a closely controlled temperature. The kinematic viscosity is then calculated from the measured flow time and the calibration constant of the viscometer. S6.3.2 Apparatus. (a) Viscometers. Calibrated glass capillary-type viscometers, ASTM D2515-66 (incorporated by reference, see Sec. 571.5), measuring viscosity within the precision limits of S6.4.7. Use Cannon-Fenske Routine or other modified Ostwald viscometers at ambient temperatures and above. (b) Viscometer holders and frames. Mount a viscometer in the constant-temperature bath so that the mounting tube is held within 1[deg] of the vertical. (c) Viscometer bath. A transparent liquid bath of sufficient depth such that at no time during the measurement will any portion of the sample in the [[Page 549]] viscometer be less than 2 cm. below the surface or less than 2 cm. above the bottom. The bath shall be cylindrical in shape, with turbulent agitation sufficient to meet the temperature control requirements. For measurements within 15[deg] to 100 [deg]C. (60[deg] to 212 [deg]F.) the temperature of the bath medium shall not vary by more than 0.01 [deg]C. (0.02 [deg]F.) over the length of the viscometers, or between the positions of the viscometers, or at the locations of the thermometers. Outside this range, the variation shall not exceed 0.03 [deg]C. (0.05 [deg]F.). (d) Thermometers. Liquid-in-Glass Kinematic Viscosity Test Thermometers, covering the range of test temperatures indicated in Table IV and conforming to ASTM E1-68 (incorporated by reference, see Sec. 571.5), and in the IP requirements for IP Standard Thermometers. Use two standardized thermometers in the bath. Table IV--Kinematic Viscosity Thermometers -------------------------------------------------------------------------------------------------------------------------------------------------------- Temperature range For tests at Subdivisions Thermometer number -------------------------------------------------------------------------------------------------------------------------------------------------------- [deg]C. [deg]F. [deg]C. [deg]F. [deg]C. [deg]F. ASTM IP -------------------------------------------------------------------------------------------------------------------------------------------------------- Minus 55.3 to minus 52.5........... Minus 67.5 to minus Minus 55............. Minus 67............. 0.05 0.1 74 F 69 F. or C. 62.5. Minus 41.4 to minus 38.6........... Minus 42.5 to minus Minus 40............. Minus 40............. 0.05 0.1 73 F 68 F. or C. 37.5. 98.6 to 101.4...................... 207.5 to 212.5....... 100.................. 212.................. 0.05 0.1 30 F 32 F. or C. -------------------------------------------------------------------------------------------------------------------------------------------------------- (e) Timing device. Stop watch or other timing device graduated in divisions representing not more than 0.2 second, with an accuracy of at least 0.05 percent when tested over intervals of 15 minutes. Electrical timing devices may be used when the current frequency is controlled to an accuracy of 0.01 percent or better. S6.3.3 Standardization. (a) Viscometers. Use viscometers calibrated in accordance with appendix 1 of ASTM D445-65 (incorporated by reference, see Sec. 571.5). The calibration constant, C, is dependent upon the gravitational acceleration at the place of calibration. This must, therefore, be supplied by the standardization laboratory together with the instrument constant. Where the acceleration of gravity, g, in the two locations differs by more than 0.1 percent, correct the calibration constant as follows: C2 = (g2/g1) x C1 where the subscripts 1 and 2 indicate respectively the standardization laboratory and the testing laboratory. (b) Thermometers. Check liquid-in-glass thermometers to the nearest 0.01 [deg]C. (0.02 [deg]F.) by direct comparison with a standardized thermometer. Kinematic Viscosity Test Thermometers shall be standardized at ``total immersion.'' The ice point of standardized thermometers shall be determined before use and the official corrections shall be adjusted to conform to the changes in ice points. (See ASTM E77-66 (incorporated by reference, see Sec. 571.5)). (c) Timers. Time signals are broadcast by the National Bureau of Standards, Station WWV, Washington, DC at 2.5, 5, 10, 15, 20, 25, 30, and 35 Mc/sec (MHz). Time signals are also broadcast by Station CHU from Ottawa, Canada, at 3.330, 7.335, and 14.670 Mc/sec, and Station MSF at Rugby, United Kingdom, at 2.5, 5, and 10 Mc/sec. S6.3.4 Procedure. (a) Set and maintain the bath at the appropriate test temperature (see S5.1.3) within the limits specified in S6.3.2(c). Apply the necessary corrections, if any, to all thermometer readings. (b) Select a clean, dry, calibrated viscometer giving a flow time not less than its specified minimum, or 200 seconds, whichever is the greater. (c) Charge the viscometer in the manner used when the instrument was calibrated. Do not filter or dry the brake fluid, but protect it from contamination by dirt and moisture during filling and measurements. (1) Charge the suspended level viscometers by tilting about 30[deg] from the vertical and pouring sufficient brake fluid through the fill tube into the lower reservoir so that when the viscometer is returned to vertical position the meniscus is between the fill marks. For measurements below 0 [deg]C. [[Page 550]] (32 [deg]F.), before placing the filled viscometer into the constant temperature bath, draw the sample into the working capillary and timing bulb and insert small rubber stoppers to suspend the fluid in this position, to prevent accumulation of water condensate on the walls of the critical portions of the viscometer. Alternatively, fit loosely packed drying tubes into the open ends of the viscometer to prevent water condensation, but do not restrict the flow of the sample under test by the pressures created in the instrument. (2) If a Cannon-Fenske Routine viscometer is used, charge by inverting and immersing the smaller arm into the brake fluid and applying vacuum to the larger arm. Fill the tube to the upper timing mark, and return the viscometer to an upright position. (d) Mount the viscometer in the bath in a true vertical position (see S6.3.2(b)). (e) The viscometer shall remain in the bath until it reaches the test temperature. (f) At temperatures below 0 [deg]C. (32 [deg]F.) conduct an untimed preliminary run by allowing the brake fluid to drain through the capillary into the lower reservoir after the test temperature has been established. (g) Adjust the head level of the brake fluid to a position in the capillary arm about 5 mm. above the first timing mark. (h) With brake fluid flowing freely measure to within 0.2 second the time required for the meniscus to pass from the first timing mark to the second. If this flow time is less than the minimum specified for the viscometer, or 200 seconds, whichever is greater, repeat using a viscometer with a capillary of smaller diameter. (i) Repeat S6.3.4 (g) and (h). If the two timed runs do not agree within 0.2 percent, reject and repeat using a fresh sample of brake fluid. S6.3.5 Cleaning the viscometers. (a) Periodically clean the instrument with chromic acid to remove organic deposits. Rinse thoroughly with distilled water and acetone, and dry with clean dry air. (b) Between successive samples rinse the viscometer with ethanol (isopropanol when testing DOT 5 fluids) followed by an acetone or ether rinse. Pass a slow stream of filtered dry air through the viscometer until the last trace of solvent is removed. S6.3.6 Calculation. (a) The following viscometers have a fixed volume charged at ambient temperature, and as a consequence C varies with test temperature: Cannon-Fenske Routine, Pinkevitch, Cannon-Manning Semi-Micro, and Cannon Fenske Opaque. To calculate C at test temperatures other than the calibration temperature for these viscometers, see ASTM D2515-66 (incorporated by reference, see Sec. 571.5) or follow instructions given on the manufacturer's certificate of calibration. (b) Average the four timed runs on the duplicate samples to determine the kinematic viscosities. S6.3.7 Precision (at 95 percent confidence level). (a) Repeatability. If results on duplicate samples by the same operator differ by more than 1 percent of their mean, repeat the tests. S6.4 pH value. Determine the pH value of a brake fluid by running one sample according to the following procedure. S6.4.1 Summary of the procedure. Brake fluid is diluted with an equal volume of an ethanol-water solution. The pH of the resultant mixture is measured with a prescribed pH meter assembly at 23 [deg]C. (73.4 [deg]F.). S6.4.2 Apparatus. The pH assembly consists of the pH meter, glass electrode, and calomel electrode, as specified in Appendices A1.1, A1.2, and A1.3 of ASTM D1121-67 (incorporated by reference, see Sec. 571.5). The glass electrode is a full range type (pH 0-14), with low sodium error. S6.4.3 Reagents. Reagent grade chemicals conforming to the specifications of the Committee on Analytical Reagents of the American Chemical Society. (a) Distilled water. Distilled water (S7.1) shall be boiled for about 15 minutes to remove carbon dioxide, and protected with a soda- lime tube or its equivalent while cooling and in storage. (Take precautions to prevent contamination by the materials used for protection against carbon dioxide.) The [[Page 551]] pH of the boiled distilled water shall be between 6.2 and 7.2 at 25 [deg]C. (77 [deg]F.). (b) Standard buffer solutions. Prepare buffer solutions for calibrating the pH meter and electrode pair from salts sold specifically for use, either singly or in combination, as pH standards. Dry salts for 1 hour at 110 [deg]C. (230 [deg]F.) before use except for borax which shall be used as the decahydrate. Store solutions with pH less than 9.5 in bottles of chemically resistant glass or polyethylene. Store the alkaline phosphate solution in a glass bottle coated inside with paraffin. Do not use a standard with an age exceeding three months. (1) Potassium hydrogen phthalate buffer solution (0.05 M, pH = 4.01 at 25 [deg]C. (77 [deg]F.)). Dissolve 10.21 g. of potassium hydrogen phthalate (KHC8 H4 O4) in distilled water. Dilute to 1 liter. (2) Neutral phosphate buffer solution (0.025 M with respect to each phosphate salt, pH = 6.86 at 25 [deg]C. (77 [deg]F.)). Dissolve 3.40 g. of potassium dihydrogen phosphate (KH2 PO4) and 3.55 g. of anhydrous disodium hydrogen phosphate (Na2 HPO4) in distilled water. (3) Borax buffer solution (0.01 M, pH = 9.18 at 25 [deg]C. (77 [deg]F.)). Dissolve 3.81 g. of disodium tetraborate decahydrate (Na2 B4 O7[deg]10H2O) in distilled water, and dilute to 1 liter. Stopper the bottle except when actually in use. (4) Alkaline phosphate buffer solution (0.01 M trisodium phosphate, pH = 11.72 at 25 [deg]C. (77 [deg]F.)). Dissolve 1.42 g. of anhydrous disodium hydrogen phosphate (Na2 HPO4) in 100 ml. of a 0.1 M carbonate-free solution of sodium hydroxide. Dilute to 1 liter with distilled water. (5) Potassium chloride electrolyte. Prepare a saturated solution of potassium chloride (KCl) in distilled water. (c) Ethanol-water mixture. To 80 parts by volume of ethanol (S7.3) add 20 parts by volume of distilled water. Adjust the pH of the mixture to 7 0.1 using 0.1 N sodium hydroxide (NaOH) solution. If more than 4 ml. of NaOH solution per liter of mixture is required for neutralization, discard the mixture. S6.4.4 Preparation of electrode system. (a) Maintenance of electrodes. Clean the glass electrode before using by immersing in cold chromic-acid cleaning solution. Drain the calomel electrode and fill with KCl electrolyte, keeping level above that of the mixture at all times. When not in use, immerse the lower halves of the electrodes in distilled water, and do not immerse in the mixture for any appreciable period of time between determinations. (b) Preparation of electrodes. Condition new glass electrodes and those that have been stored dry as recommended by the manufacturer. Before and after using, wipe the glass electrode thoroughly with a clean cloth, or a soft absorbent tissue, and rinse with distilled water. Before each pH determination, soak the prepared electrode in distilled water for at least 2 minutes. Immediately before use, remove any excess water from the tips of the electrode. S6.4.5 Standardization of the pH assembly and testing of the electrodes. (a) Immediately before use, standardize the pH assembly with a standard buffer solution. Then use a second standard buffer solution to check the linearity of the response of the electrodes at different pH values, and to detect a faulty glass electrode or incorrect temperature compensation. The two buffer solutions bracket the anticipated pH value of the test brake fluid. (b) Allow instrument to warm up, and adjust according to the manufacturer's instructions. Immerse the tips of the electrodes in a standard buffer solution and allow the temperature of the buffer solution and the electrodes to equalize. Set the temperature knob at the temperature of the buffer solution. Adjust the standardization or asymmetry potential control until the meter registers a scale reading, in pH units, equal to the known pH of the standardizing buffer solution. (c) Rinse the electrodes with distilled water and remove excess water from the tips. Immerse the electrodes in a second standard buffer solution. The reading of the meter shall agree with the known pH of the second standard buffer solution within 0.05 unit without changing the setting of the standardization of asymmetry potential control. (d) A faulty electrode is indicated by failure to obtain a correct value for the pH of the second standard buffer solution after the meter has been standardized with the first. [[Page 552]] S6.4.6 Procedure. To 50 1 ml. of the test brake fluid add 50 1 ml. of the ethanol-water (S6.4.3(c)) and mix thoroughly. Immerse the electrodes in the mixture. Allow the system to come to equilibrium, readjust the temperature compensation if necessary, and take the pH reading. S6.5 Fluid stability. Evaluate the heat and chemical stability of a brake fluid by the following procedure, running duplicate samples for each test and averaging the results. S6.5.1 Summary of the procedure. The degradation of the brake fluid at elevated temperature, alone or in a mixture with a reference fluid, is evaluated by determining the change in boiling point after a period of heating under reflux conditions. S6.5.2 Apparatus. Use the apparatus and preparation specified in S6.1.2 and S6.1.3. S6.5.3 High temperature stability. S6.5.3.1 Procedure. (a) Heat a new 60 1 ml. sample of the brake fluid to 185[deg] 2 [deg]C. (365[deg] 3.6 [deg]F.). Hold at this temperature for 120 5 minutes. Bring to a reflux rate in excess of 1 drop per second within 5 minutes. The reflux rate should not exceed 5 drops per second at any time. Over the next 5 2 minutes adjust the heating rate to obtain an equilibrium reflux rate of 1 to 2 drops per second. Maintain this rate for an additional 2 minutes, taking four temperature readings at 30- second intervals. Average these as the observed ERBP. If no reflux is evident when the fluid temperature reaches 260 [deg]C. (500 [deg]F), discontinue heating and report ERBP as in excess of 260 [deg]C. (500 [deg]F.). S6.5.3.2 Calculation. Correct the observed ERBP for thermometer and barometric pressure factors according to S6.1.5 (a) and (b). Average the corrected ERBP's of the duplicate samples. The difference between this average and the original ERBP obtained in S6.1 is the change in ERBP of the fluid. S6.5.4 Chemical stability. S6.5.4.1 Materials. SAE RM-66-04 Compatibility Fluid as described in appendix B of SAE Standard J1703 JAN95 (incorporated by reference, see Sec. 571.5). S6.5.4.2 Procedure. (a) Mix 30 1 ml. of the brake fluid with 30 1 ml. of SAE RM-66-04 Compatibility Fluid in a boiling point flask (S6.1.2(a)). Determine the initial ERBP of the mixture by applying heat to the flask so that the fluid is refluxing in 10 2 minutes at a rate in excess of 1 drop per second, but not more than 5 drops per second. Note the maximum fluid temperature observed during the first minute after the fluid begins refluxing at a rate in excess of 1 drop per second. Over the next 15 1 minutes, adjust and maintain the reflux rate at 1 to 2 drops per second. Maintain this rate for an additional 2 minutes, recording the average value of four temperature readings taken at 30 second intervals as the final ERBP. (b) Thermometer and barometric corrections are not required. S6.5.4.3 Calculation. The difference between the initial ERBP and the final average temperature is the change in temperature of the refluxing mixture. Average the results of the duplicates to the nearest 0.5 [deg]C (1.0 [deg]F). S6.6 Corrosion. Evaluate the corrosiveness of a brake fluid by running duplicate samples according to the following procedure. S6.6.1 Summary of the procedure. Six specified metal corrosion test strips are polished, cleaned, and weighed, then assembled as described. Assembly is placed on a standard wheel cylinder cup in a corrosion test jar, immersed in the water-wet brake fluid, capped and placed in an oven at 100 [deg]C. (212 [deg]F.) for 120 hours. Upon removal and cooling, the strips, fluid, and cups are examined and tested. S6.6.2 Equipment. (a) Balance. An analytical balance having a minimum capacity of 50 grams and capable of weighing to the nearest 0.1 mg. (b) Desiccators. Desiccators containing silica gel or other suitable desiccant. (c) Oven. Gravity convection oven capable of maintaining the desired set point within 2 [deg]C. (3.6 [deg]F.). (d) Micrometer. A machinist's micrometer 25 to 50 mm. (1 to 2 inches) capacity, or an optical comparator, capable of measuring the diameter of the SBR wheel cylinder (WC) cups to the nearest 0.02 mm. (0.001 inch). S6.6.3 Materials. (a) Corrosion test strips. Two sets of strips from each of the metals listed in Appendix C of SAE Standard J1703b (1970) (incorporated by reference, see Sec. 571.5). Each strip shall [[Page 553]] be approximately 8 cm. long, 1.3 cm. wide, not more than 0.6 cm. thick, and have a surface area of 25 5 sq. cm. and a hole 4 to 5 mm. (0.16 to 0.20 inch) in diameter on the centerline about 6 mm. from one end. The hole shall be clean and free from burrs. Tinned iron strips shall be unused. Other strips, if used, shall not be employed if they cannot be polished to a high finish. (b) SBR cups. Two unused standard SAE SBR wheel cylinder (WC) cups, as specified in S7.6. (c) Corrosion test jars and lids. Two screw-top straight-sided round glass jars, each having a capacity of approximately 475 ml. and inner dimensions of approximately 100 mm. in height and 75 mm. in diameter, and a tinned steel lid (no insert or organic coating) vented with a hole 0.8 0.1 mm. (0.031 0.004 inch) in diameter (No. 68 drill). (d) Machine screws and nuts. Clean, rust and oil-free, uncoated mild steel round or fillister head machine screws, size 6 or 8-32 UNC-Class 2A, five-eighths or three-fourths inch long (or equivalent metric sizes), and matching uncoated nuts. (e) Supplies for polishing strips. Waterproof silicon carbide paper, grit No. 320A and grit 1200; lint-free polishing cloth. (f) Distilled water as specified in S7.1. (g) Ethanol as specified in S7.3. (h) Isopropanol as specified in S7.7. S6.6.4 Preparation. (a) Corrosion test strips. Except for the tinned iron strips, abrade corrosion test strips on all surface areas with 320A silicon carbide paper wet with ethanol (isopropanol when testing DOT 5 SBBF fluids) until all surface scratches, cuts and pits visible to an observer having corrected visual acuity of 20/40 (Snellen ratio) at a distance of 300 mm (11.8 inches) are removed. Use a new piece of paper for each different type of metal. Except for the tinned iron strips, further abrade the test strips on all surface areas with 1200 silicon carbide paper wet with ethanol (isopropanol when testing DOT 5 SBBF fluids), again using a new piece of paper for each different type of metal. Handle the strips with forceps after polishing. Weigh and record the weight of each strip to the nearest 0.1 mg. Assemble the strips on a clean dry machine screw, with matching plain nut, in the order of tinned iron, steel, aluminum, cast iron, brass, and copper. Bend the strips, other than the cast iron, so that there is a separation of 3 \1/2\ mm. (\1/ 8\ \1/64\ inch) between adjacent strips for a distance of about 5 cm. (2 inches) from the free end of the strips. (See Figure 4.) Tighten the screw on each test strip assembly so that the strips are in electrolytic contact, and can be lifted by either of the outer strips (tinned iron or copper) without any of the strips moving relative to the others when held horizontally. Immerse the strip assemblies in 90 percent ethyl alcohol. Dry with dried filtered compressed air, then desiccate at least 1 hour before use. [GRAPHIC] [TIFF OMITTED] TC01AU91.046 Fig. 4--Corrosion Strip Assembly (b) SBR WC cups. Measure the base diameters of the two standard SBR cups, using an optical comparator or micrometer, to the nearest 0.02 mm. (0.001 inch) along the centerline of the SAE and rubber-type identifications and at right angles to this centerline. Take the measurements at least 0.4 mm. (0.015 inch) above the bottom edge and parallel to the base of the cup. Discard any cup if the two measured diameters differ by more than 0.08 mm. (0.003 inch). Average the two readings on each cup. Determine the hardness of the cups according to S7.4. S6.6.5 Procedure. Rinse the cups in ethanol (isopropanol when testing DOT 5 SBBF fluids) for not more than 30 seconds and wipe dry with a clean lint-free cloth. Place one cup with lip edge [[Page 554]] facing up, in each jar. Insert a metal strip assembly inside each cup with the fastened end down and the free end extending upward. (See Figure 5.) When testing brake fluids, except DOT 5 SBBF, mix 760 ml. of brake fluid with 40 ml. of distilled water. When testing DOT 5 SBBF's, humidify 800 ml. of brake fluid in accordance with S6.2, eliminating determination of the ERBP. Using this water-wet mixture, cover each strip assembly to a minimum depth of 10 mm. above the tops of the strips. Tighten the lids and place the jars for 120 2 hours in an oven maintained at 100[deg] 2 [deg]C. (212[deg] 3.6 [deg]F.). Allow the jars to cool at 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.) for 60 to 90 minutes. Immediately remove the strips from the jars using forceps, agitating the strip assembly in the fluid to remove loose adhering sediment. Examine the test strips and jars for adhering crystalline deposits. Disassemble the metal strips, and remove adhering fluid by flushing with water; clean each strip by wiping with a clean cloth wetted with ethanol (isopropanol when testing DOT 5 fluids). Examine the strips for evidence of corrosion and pitting. Disregard staining or discoloration. Place the strips in a desiccator containing silica gel or other suitable desiccant, maintained at 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.), for at least 1 hour. Weigh each strip to the nearest 0.1 mg. Determine the change in weight of each metal strip. Average the results for the two strips of each type of metal. Immediately following the cooling period, remove the cups from the jars with forceps. Remove loose adhering sediment by agitation of the cups in the mixture. Rinse the cups in ethanol (isopropanol when testing DOT 5 fluids) and air-dry. Examine the cups for evidence of sloughing, blisters, and other forms of disintegration. Measure the base diameter and hardness of each cup within 15 minutes after removal from the mixture. Examine the mixture for gelling. Agitate the mixture to suspend and uniformly disperse sediment. From each jar, transfer a 100 ml. portion of the mixture to an ASTM cone-shaped centrifuge tube. Determine the percent sediment after centrifuging as described in S7.5. Measure the pH value of the corrosion text fluid according to S6.4.6. Measure the pH value of the test mixture according to S6.4.6. [GRAPHIC] [TIFF OMITTED] TC01AU91.047 Fig. 5--Corrosion Test Apparatus S6.6.6 Calculation. (a) Measure the area of each type of test strip to the nearest square centimeter. Divide the average change in mass for each type by the area of that type. (b) Note other data and evaluations indicating compliance with S5.1.6. In the event of a marginal pass on inspection by attributes, or of a failure in one of the duplicates, run another set of duplicate samples. Both repeat samples shall meet all requirements of S5.1.6. S6.7 Fluidity and appearance at low temperatures. Determine the fluidity and appearance of a sample of brake fluid at each of two selected temperatures by the following procedure. S6.7.1 Summary of procedure. Brake fluid is chilled to expected minimum exposure temperatures and observed for clarity, gellation, sediment, separation of components, excessive viscosity or thixotropy. S6.7.2 Apparatus. (a) Oil sample bottle. Two clear flint glass 4- ounce bottles made especially for sampling oil and other liquids, with a capacity of approximately 125 ml., an outside diameter of 37 0.05 mm. and an overall height of 165 2.5 mm. (b) Cold chamber. An air bath cold chamber capable of maintaining storage temperatures down to minus 55 [deg]C. (minus 67 [deg]F.) with an accuracy of 2 [deg]C. (3.6 [deg]F.). [[Page 555]] (c) Timing device. A timing device in accordance with S6.3.2(e). S6.7.3 Procedure. (a) Place 100 1 ml. of brake fluid at room temperature in an oil sample bottle. Stopper the bottle with an unused cork and place in the cold chamber at the higher storage temperature specified in Table II (S5.1.7(c)). After 144 4 hours remove the bottle from the chamber, quickly wipe it with a clean, lint-free cloth, saturated with ethanol (isopropanol when testing DOT 5 fluids) or acetone. Examine the fluid for evidence of sludging, sedimentation, crystallization, or stratification. Invert the bottle and determine the number of seconds required for the air bubble to travel to the top of the fluid. Let sample warm to room temperature and examine. (b) Repeat S6.7.3(a), substituting the lower cold chamber temperature specified in Table II, and a storage period of 6 hours 12 minutes. Note: Test specimens from either storage temperature may be used for the other only after warming up to room temperature. S6.8 [Reserved] S6.9 Water tolerance. Evaluate the water tolerance characteristics of a brake fluid by running one test specimen according to the following procedure. S6.9.1 Summary of the procedure. Brake fluid, except DOT 5 SBBF, is diluted with 3.5 percent water (DOT 5 SBBF is humidified), then stored at minus 40 [deg]C. (minus 40 [deg]F.) for 120 hours. The cold, water-wet fluid is first examined for clarity, stratification, and sedimentation, then placed in an oven at 60 [deg]C. (140 [deg]F.) for 24 hours. On removal, it is again examined for stratification, and the volume percent of sediment determined by centrifuging. S6.9.2 Apparatus. (a) Centrifuge tube. See S7.5.1(a). (b) Centrifuge. See S7.5.1(b). (c) Cold chamber. See S6.7.2(b). (d) Oven. Gravity or forced convection oven. (e) Timing device. See S6.3.2(e). S6.9.3 Procedure. (a) At low temperature. Humidify 100 1 ml. of DOT 5 SBBF brake fluid in accordance with S6.2 eliminating determination of the ERBP. When testing brake fluids except DOT 5 SBBF, mix 3.5 0.1 ml. of distilled water with 100 1 ml. of the brake fluid; pour into a centrifuge tube. Stopper the tube with a clean cork and place in the cold chamber maintained at minus 40 2 [deg]C. (minus 40 3.6 [deg]F.). After 120 hours 2 hours remove the tube, quickly wipe with clean lint-free cloth saturated with ethanol or acetone and examine the fluid for evidence of sludging, sedimentation, crystallization, or stratification. Invert the tube and determine the number of seconds required for the air bubble to travel to the top of the fluid. (The air bubble is considered to have reached the top of the fluid when the top of the bubble reaches the 2 ml. graduation of the centrifuge tube.) If the wet fluid has become cloudy, warm to 23 5 [deg]C. (73.4 9 [deg]F.) and note appearance and fluidity. (b) At 60 [deg]C. (140 [deg]F.). Place tube and brake fluid from S6.9.3(a) in an oven maintained at 60[deg] 2 [deg]C. (140[deg] 3.6 [deg]F.) for 24 2 hours. Remove the tube and immediately examine the contents for evidence of stratification. Determine the percent sediment by centrifuging as described in S7.5. S6.10 Compatibility. The compatibility of a brake fluid with other brake fluids shall be evaluated by running one test sample according to the following procedure. S6.10.1 Summary of the procedure. Brake fluid is mixed with an equal volume of SAE RM-66-04 Compatibility Fluid, then tested in the same way as for water tolerance (S6.9) except that the bubble flow time is not measured. This test is an indication of the compatibility of the test fluid with other motor vehicle brake fluids at both high and low temperatures. S6.10.2 Apparatus and materials. (a) Centrifuge tube. See S7.5.1(a). (b) Centrifuge. See S7.5.1(b). (c) Cold Chamber. See S6.7.2(b) (d) Oven. See S6.9.2(d) (e) SAE RM-66-04 Compatibility Fluid. As described in appendix B of SAE Standard J1703 JAN95 (incorporated by reference, see Sec. 571.5). S6.10.3 Procedure. (a) At low temperature. Mix 50 0.5 mL of brake fluid with 50 0.5 mL of SAE RM-66-04 Compatibility Fluid. Pour this mixture into a centrifuge tube and stopper with a clean [[Page 556]] dry cork. Place tube in the cold chamber maintained at minus 40[deg] 2 [deg]C. (minus 40[deg] 4 [deg]F). After 24 2 hours, remove tube, quickly wipe with a clean lint-free cloth saturated with ethanol (isopropanol when testing DOT 5 fluids) or acetone. Examine the test specimen for evidence of slugging, sedimentation, or crystallization. Test fluids, except DOT 5 SBBF, shall be examined for stratification. S6.11 Resistance to oxidation. The stability of a brake fluid under oxidative conditions shall be evaluated by running duplicate samples according to the following procedure. S6.11.1 Summary of procedure. Brake fluids, except DOT 5 SBBF, are activated with a mixture of approximately 0.2 percent benzoyl peroxide and 5 percent water. DOT 5 SBBF is humidified in accordance with S6.2 eliminating determination of the ERBP, and then approximately 0.2 percent benzoyl peroxide is added. A corrosion test strip assembly consisting of cast iron and an aluminum strip separated by tinfoil squares at each end is then rested on a piece of SBR WC cup positioned so that the test strip is half immersed in the fluid and oven aged at 70 [deg]C. (158 [deg]F.) for 168 hours. At the end of this period, the metal strips are examined for pitting, etching, and loss of mass. S6.11.2 Equipment. (a) Balance. See S6.6.2(a). (b) Desiccators. See S6.6.2(b). (c) Oven. See S6.6.2(c). (d) Three glass test tubes approximately 22 mm. outside diameter by 175 mm. in length. S6.11.3 Reagents and materials. (a) Benzoyl peroxide, reagent grade, 96 percent. (Benzoyl peroxide that is brownish, or dusty, or has less than 90 percent purity, must be discarded.) Reagent strength may be evaluated by ASTM E298-68 (incorporated by reference, see Sec. 571.5). (b) Corrosion test strips. Two sets of cast iron and aluminum metal test strips as described in appendix C of SAE Standard J1703b (1970) (incorporated by reference, see Sec. 571.5). (c) Tinfoil. Four unused pieces of tinfoil approximately 12 mm. (\1/ 2\ inch) square and between 0.02 and 0.06 mm. (0.0008 and 0.0024 inch) in thickness. The foil shall be at least 99.9 percent tin and contain not more than 0.025 percent lead. (d) SBR cups. Two unused, approximately one-eighth sections of a standard SAE SBR WC cup (as described in S7.6). (e) Machine screw and nut. Two clean oil-free, No. 6 or 8-32 x \3/ 8\- or \1/2\-inch long (or equivalent metric size), round or fillister head, uncoated mild steel machine screws, with matching plain nuts. S6.11.4 Preparation. (a) Corrosion test strips. Prepare two sets of aluminum and cast iron test strips according to S6.6.4(a) except for assembly. Weigh each strip to the nearest 0.1 mg. and assemble a strip of each metal on a machine screw, separating the strips at each end with a piece of tinfoil. Tighten the nut enough to hold both pieces of foil firmly in place. (b) Test mixture. Place 30 1 ml. of the brake fluid under test in a 22 by 175 mm. test tube. For all fluids except DOT 5 SBBF, add 0.060 .002 grams of benzoyl peroxide, and 1.50 0.05 ml. of distilled water. For DOT 5 SBBF, use test fluid humidified in accordance with S6.2, and add only the benzoyl peroxide. Stopper the tube loosely with a clean dry cork, shake, and place in an oven for 2 hours at 70[deg] 2 [deg]C. (158[deg] 3.6 [deg]F.). Shake every 15 minutes to effect solution of the peroxide, but do not wet cork. Remove the tube from the oven and allow to cool to 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.) Begin testing according to paragraph S6.11.5 not later than 24 hours after removal of tube from oven. S6.11.5 Procedure. Place a one-eighth SBR cup section in the bottom of each tube. Add 10 ml. of prepared test mixture to each test tube. Place a metal-strip assembly in each, the end of the strip without the screw resting on the rubber, and the solution covering about one-half the length of the strips. Stopper the tubes with clean dry corks and store upright for 70 2 hours at 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.). Loosen the corks and place the tubes for 168 2 hours in an oven maintained at 70[deg] 2 [deg]C. (158[deg] 3.6 [deg]F.). Afterwards remove and disassemble strips. Examine the strips and note any gum deposits. Wipe the strips with a clean cloth wet with ethanol (isopropanol when testing DOT 5 fluids) and note any pitting, etching or [[Page 557]] roughening of surface disregarding stain or discoloration. Place the strips in a desiccator over silica gel or other suitable desiccant, at 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.) for at least 1 hour. Again weigh each strip to the nearest 0.1 mg. S6.11.6 Calculation. Determine corrosion loss by dividing the change in mass of each metal strip by the total surface area of each strip measured in square millimeters (mm\2\), to the nearest square millimeter (mm\2\). Average the results for the two strips of each type of metal, rounding to the nearest 0.05 mg. per 100 square millimeter (mm\2\). If only one of the duplicates fails for any reason, run a second set of duplicate samples. Both repeat samples shall meet all requirements of S5.1.11. S6.12 Effect on SBR cups. The effects of a brake fluid in swelling, softening, and otherwise affecting standard SBR WC cups shall be evaluated by the following procedure. S6.12.1 Summary of the procedure. Four standard SAE SBR WC cups are measured and their hardnesses determined. The cups, two to a jar, are immersed in the test brake fluid. One jar is heated for 70 hours at 70 [deg]C. (158 [deg]F), and the other for 70 hours at 120 [deg]C (248 [deg]F). Afterwards, the cups are washed, examined for disintegration, remeasured and their hardnesses redetermined. S6.12.2 Equipment and supplies. (a) Oven. See S6.6.2(c). (b) Glass jars and lids. Two screw-top, straight-sided round glass jars, each having a capacity of approximately 250 ml. and inner dimensions of approximately 125 mm. in height and 50 mm. in diameter, and a tinned steel lid (no insert or organic coating). (c) SBR cups. See S7.6. S6.12.3 Preparation. Measure the base diameters of the SBR cups as described in S6.6.4(b), and the hardness of each as described in S7.4. S6.12.4 Procedure. Wash the cups in 90 percent ethanol (isopropanol when testing DOT 5 fluids) (see S7.3), for not longer than 30 seconds and quickly dry with a clean, lint-free cloth. Using forceps, place two cups into each of the two jars; add 75 ml. of brake fluid to each jar and cap tightly. Place one jar in an oven held at 70[deg] 2 [deg]C. (158 3.6 [deg]F.) for 70 2 hours. Place the other jar in an oven held at 120[deg] 2 [deg]C. (248[deg] 3.6 [deg]F.) for 70 2 hours. Allow each jar to cool for 60 to 90 minutes at 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.). Remove cups, wash with ethanol (isopropanol when testing DOT 5 fluids) for not longer than 30 seconds, and quickly dry. Examine the cups for disintegration as evidenced by stickiness, blisters, or sloughing. Measure the base diameter and hardness of each cup within 15 minutes after removal from the fluid. S6.12.5 Calculation. (a) Calculate the change in base diameter for each cup. If the two values, at each temperature, do not differ by more than 0.10 mm. (0.004 inch) average them to the nearest 0.02 mm. (0.001 inch). If the two values differ by more than 0.10 mm., repeat the test at the appropriate temperature and average the four values as the change in base diameter. (b) Calculate the change in hardness for each cup. The average of the two values for each pair is the change in hardness. (c) Note disintegration as evidenced by stickiness, blisters, or sloughing. S6.13 Stroking properties. Evaluate the lubricating properties, component compatibility, resistance to leakage, and related qualities of a brake fluid by running one sample according to the following procedures. S6.13.1 Summary of the procedure. Brake fluid is stroked under controlled conditions at an elevated temperature in a simulated motor vehicle hydraulic braking system consisting of three slave wheel cylinders and an actuating master cylinder connected by steel tubing. Referee standard parts are used. All parts are carefully cleaned, examined, and certain measurements made immediately prior to assembly for test. During the test, temperature, rate of pressure rise, maximum pressure, and rate of stroking are specified and controlled. The system is examined periodically during stroking to assure that excessive leakage of fluid is not occurring. Afterwards, the system is torn down. Metal parts and SBR cups are examined and remeasured. The brake fluid and any resultant sludge and debris are collected, examined, and tested. S6.13.2 Apparatus and equipment. [[Page 558]] Either the drum and shoe type of stroking apparatus (see Figure 1 of SAE Standard J1703b (1970) (incorporated by reference, see Sec. 571.5)), except using only three sets of drum and shoe assemblies, or the stroking fixture type apparatus as shown in Figure 2 of SAE Standard J1703 NOV83 (incorporated by reference, see Sec. 571.5) with the components arranged as shown in Figure 1 of SAE Standard J1703 NOV83. The following components are required. (a) Brake assemblies. With the drum and shoe apparatus: three drum and shoe assembly units (SAE RM-29a) consisting of three forward brake shoes and three reverse brake shoes with linings and three front wheel brake drum assemblies with assembly component parts. With stroking fixture type apparatus: three fixture units including appropriate adapter mounting plates to hold brake wheel cylinder assemblies. (b) Braking pressure actuation mechanism. An actuating mechanism for applying a force to the master cylinder pushrod without side thrust. The amount of force applied by the actuating mechanism shall be adjustable and capable of applying sufficient thrust to the master cylinder to create a pressure of at least 6895 kPa (1,000 p.s.i.) in the simulated brake system. A hydraulic gage or pressure recorder, having a range of at least 0 to 6895 kPa (0 to 1,000 p.s.i), shall be installed between the master cylinder and the brake assemblies and shall be provided with a shutoff valve and with a bleeding valve for removing air from the connecting tubing. The actuating mechanism shall be designed to permit adjustable stroking rates of approximately 1,000 strokes per hour. Use a mechanical or electrical counter to record the total number of strokes. (c) Heated air bath cabinet. An insulated cabinet or oven having sufficient capacity to house the three mounted brake assemblies or stroking fixture assemblies, master cylinder, and necessary connections. A thermostatically controlled heating system is required to maintain a temperature of 70[deg] 5 [deg]C (158[deg] 9 [deg]F) or 120[deg] 5 [deg]C (248[deg] 9 [deg]F). Heaters shall be shielded to prevent direct radiation to wheel or master cylinder. (d) Master cylinder (MC) assembly (SAE RM-15a). One cast iron housing hydraulic brake system cylinder having a diameter of approximately 28 mm. (1\1/8\ inch) and fitted for a filler cap and standpipe (see S6.13.2(e)). The MC piston shall be made from SAE CA360 copperbase alloy (half hard). A new MC assembly is required for each test. (e) Filler cap and standpipe. MC filler cap provided with a glass or uncoated steel standpipe. Standpipe must provide adequate volume for thermal expansion, yet permit measurement and adjustment of the fluid level in the system to 3 ml. Cap and standpipe may be cleaned and reused. (f) Wheel cylinder (WC) assemblies (SAE RM-14a). Three unused cast iron housing straight bore hydraulic brake WC assemblies having diameters of approximately 28 mm (1\1/8\ inch) for each test. Pistons shall be made from unanodized SAE AA 2024 aluminum alloy. (g) Micrometer. Same as S6.6.2(d). S6.13.3 Materials. (a) Standard SBR brake cups. Six standard SAE SBR wheel cylinder test cups, one primary MC test cup, and one secondary MC test cup, all as described in S7.6, for each test. (b) Steel tubing. Double wall steel tubing meeting SAE Standard J527a (1967) (incorporated by reference, see Sec. 571.5). A complete replacement of tubing is essential when visual inspection indicates any corrosion or deposits on inner surface of tubing. Tubing from master cylinder to one wheel cylinder shall be replaced for each test (minimum length .9 m.) Uniformity in tubing size is required between master cylinder and wheel cylinder. The standard master cylinder has two outlets for tubing, both of which must be used. S6.13.4 Preparation of test apparatus. (a) Wheel cylinder assemblies. Use unused wheel cylinder assemblies. Disassemble cylinders and discard cups. Clean all metal parts with ethanol (isopropanol when testing DOT 5 fluids). Inspect the working surfaces of all metal parts for scoring, galling, or pitting and cylinder bore roughness, and discard all defective parts. Remove any stains on cylinder walls with crocus cloth and ethanol (isopropanol when testing DOT 5 fluids). If stains [[Page 559]] cannot be removed, discard the cylinder. Measure the internal diameter of each cylinder at a location approximately 19 mm. (0.75 inch) from each end of the cylinder bore, taking measurements in line with the hydraulic inlet opening and at right angles to this centerline. Discard the cylinder if any of these four readings exceeds the maximum or minimum limits of 28.66 to 28.60 mm. (1.128 to 1.126 inch). Measure the outside diameter of each piston at two points approximately 90[deg] apart. Discard any piston if either reading exceeds the maximum or minimum limits of 28.55 to 28.52 mm. (1.124 to 1.123 inch). Select parts to insure that the clearance between each piston and mating cylinder is within 0.08 to 0.13 mm. (0.003 to 0.005 inch). Use unused SBR cups. To remove dirt and debris, rinse the cups in 90 percent ethyl alcohol for not more than 30 seconds and wipe dry with a clean lint-free cloth. Discard any cups showing defects such as cuts, molding flaws, or blisters. Measure the lip and base diameters of all cups with an optical comparator or micrometer to the nearest 0.02 mm. (0.001 inch) along the centerline of the SAE and rubber-type identifications and at right angles to this centerline. Determine base diameter measurements at least 0.4 mm. (0.015 inch) above the bottom edge and parallel to the base of the cup. Discard any cup if the two measured lip or base diameters differ by more than 0.08 mm. (0.003 inch). Average the lip and base diameters of each cup. Determine the hardness of all cups according to S7.4. Dip the rubber and metal parts of wheel cylinders, except housing and rubber boots, in the fluid to be tested and install them in accordance with the manufacturer's instructions. Manually stroke the cylinders to insure that they operate easily. Install cylinders in the simulated brake system. (b) Master cylinder assembly. Use an unused master cylinder and unused standard SBR primary and secondary MC cups which have been inspected, measured and cleaned in the manner specified in S6.13.4(a), omitting hardness of the secondary MC cup. However, prior to determining the lip and base diameters of the secondary cup, dip the cup in test brake fluid, assemble on the MC piston, and maintain the assembly in a vertical position at 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.) for at least 12 hours. Inspect the relief and supply ports of the master cylinder; discard the cylinder if ports have burrs or wire edges. Measure the internal diameter of the cylinder at two locations (approximately midway between the relief and supply ports and approximately 19 mm. (0.75 inch) beyond the relief port toward the bottom or discharge end of the bore), taking measurements at each location on the vertical and horizontal centerline of the bore. Discard the cylinder if any reading exceeds the maximum or minimum limits of 28.65 to 28.57 mm. (1.128 to 1.125 inch). Measure the outside diameter of each end of the master cylinder piston at two points approximately 90[deg] apart. Discard the piston if any of these four readings exceed the maximum or minimum limits of 28.55 to 28.52 mm. (1.124 to 1.123 inch). Dip the rubber and metal parts of the master cylinder, except the housing and push rod-boot assembly, in the brake fluid and install in accordance with manufacturer's instructions. Manually stroke the master cylinder to insure that it operates easily. Install the master cylinder in the simulated brake system. (c) Assembly and adjustment of test apparatus. (1) When using a shoe and drum type apparatus, adjust the brake shoe toe clearances to 1.0 0.1 mm (0.040 0.004 inch). Fill the system with brake fluid, bleeding all wheel cylinders and the pressure gage to remove entrapped air. Operate the actuator manually to apply a pressure greater than the required operating pressure and inspect the system for leaks. Adjust the actuator and/or pressure relief valve to obtain a pressure of 6895 kPa 345 kPa (1,000 50 p.s.i.). A smooth pressure stroke pattern is required when using a shoe and drum type apparatus. The pressure is relatively low during the first part of the stroke and then builds up smoothly to the maximum stroking pressure at the end of the stroke, to permit the primary cup to pass the compensating hole at a relatively low pressure. Using stroking fixtures, adjust the actuator and/or pressure relief valve to obtain a pressure of 6895 kPa 345 kPa (1,000 50 p.s.i.). [[Page 560]] (2) Adjust the stroking rate to 1,000 100 strokes per hour. Record the fluid level in the master cylinder standpipe. S6.13.5 Procedure. Operate the system for 16,000 1,000 cycles at 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.). Repair any leakage, readjust the brake shoe clearances, and add fluid to the master cylinder standpipe to bring to the level originally recorded, if necessary. Start the test again and raise the temperature of the cabinet within 6 2 hours to 120[deg] 5 [deg]C. (248[deg] 9 [deg]F.). During the test observe operation of wheel cylinders for improper functioning and record the amount of fluid required to replenish any loss, at intervals of 24,000 strokes. Stop the test at the end of 85,000 total recorded strokes. These totals shall include the number of strokes during operation at 23[deg] 5 [deg]C. (73.4[deg] 9 [deg]F.) and the number of strokes required to bring the system to the operating temperature. Allow equipment to cool to room temperature. Examine the wheel cylinders for leakage. Stroke the assembly an additional 100 strokes, examine wheel cylinders for leakage and record volume loss of fluid. Within 16 hours after stopping the test, remove the master and wheel cylinders from the system, retaining the fluid in the cylinders by immediately capping or plugging the ports. Disassemble the cylinders, collecting the fluid from the master cylinder and wheel cylinders in a glass jar. When collecting the stroked fluid, remove all residue which has deposited on rubber and metal internal parts by rinsing and agitating such parts in the stroked fluid and using a soft brush to assure that all loose adhering sediment is collected. Clean SBR cups in ethanol (isopropanol when testing DOT 5 fluids) and dry. Inspect the cups for stickiness, scuffing, blistering, cracking, chipping, and change in shape from original appearance. Within 1 hour after disassembly, measure the lip and base diameters of each cylinder cup by the procedures specified in S6.13.4 (a) and (b) with the exception that lip or base diameters of cups may now differ by more than 0.08 mm. (0.003 inch). Determine the hardness of each cup according to S7.4. Note any sludge or gel present in the test fluid. Within 1 hour after draining the cylinders, agitate the fluid in a glass jar to suspend and uniformly disperse sediment and transfer a 100 ml. portion of this fluid to a centrifuge tube and determine percent sediment as described in S7.5. Allow the tube and fluid to stand for 24 hours, recentrifuge and record any additional sediment recovered. Inspect cylinder parts, note any gumming or any pitting on pistons and cylinder walls. Disregard staining or discoloration. Rub any deposits adhering to cylinder walls with a clean soft cloth wetted with ethanol (isopropanol when testing DOT 5 fluids) to determine abrasiveness and removability. Clean cylinder parts in ethanol (isopropanol when testing DOT 5 fluids) and dry. Measure and record diameters of pistons and cylinders according to S6.13.4(a) and (b). Repeat the test if mechanical failure occurs that may affect the evaluation of the brake fluid. S6.13.6 Calculation. (a) Calculate the changes in diameters of cylinders and pistons (see S5.1.13(b)). (b) Calculate the average decrease in hardness of the seven cups tested, as well as the individual values (see S5.1.13(c)). (c) Calculate the increases in base diameters of the eight cups (see S5.1.13(e)). (d) Calculate the lip diameter interference set for each of the eight cups by the following formula and average the eight values (see S5.1.13(f)). [(D1-D2)/(D1-D3)] x 100 = percentage Lip Diameter Interference Set where: D1 = Original lip diameter. D2 = Final lip diameter. D3 = Original cylinder bore diameter. S6.14 Container information. Each container with information marked directly on the container surface or on a label (labels) affixed to the container pursuant to S5.2.2.2 or S5.2.2.3 is subjected to the following procedure: (a) If the container has a label affixed to it, make a single vertical cut all the way through the label with the container in the vertical position. (b) Immerse the container in the same brake fluid or hydraulic system mineral oil contained therein for 15 minutes at room temperature (23 5 [deg]C; 73.4 9 [deg]F). [[Page 561]] (c) Within 5 minutes after removing the container from the fluid or oil, remove excess liquid from the surface of the container by wiping with a clean dry cloth. S7. Auxiliary test methods and reagent standards. S7.1 Distilled water. Nonreferee reagent water as specified in ASTM D1193-70 (incorporated by reference, see Sec. 571.5) or water of equal purity. S7.2 Water content of motor vehicle brake fluids. Use analytical methods based on ASTM D1123-59 (incorporated by reference, see Sec. 571.5) for determining the water content of brake fluids, or other methods of analysis yielding comparable results. To be acceptable for use, such other method must measure the weight of water added to samples of the SAE RM-66-04 (see Appendix A of SAE Standard J1703 NOV83 (incorporated by reference in Sec. 571.5)) and TEGME Compatibility Fluids (see Appendix B of SAE Standard J1703 JAN95 (incorporated by reference in Sec. 571.5)) within 15 percent of the water added for additions up to 0.8 percent by weight, and within 5 percent of the water added for additions greater than 0.8 percent by weight. The SAE RM-66-04 Compatibility Fluid used to prepare the samples must have an original ERBP of not less than 205 [deg]C (401 [deg]F) when tested in accordance with S6.1. The SAE TEGME fluid used to prepare the samples must have an original ERBP of not less than 240 [deg]C (464 [deg]F) when tested in accordance with S6.1. S7.3 Ethanol. 95 percent (190 proof) ethyl alcohol, USP or ACS, or Formula 3-A Specially Denatured Alcohol of the same concentration (as specified at 27 CFR 21.35). For pretest washings of equipment, use approximately 90 percent ethyl alcohol, obtained by adding 5 parts of distilled water to 95 parts of ethanol. S7.4 Measuring the hardness of SBR brake cups. Hardness measurements on SBR wheel cylinder cups and master cylinder primary cups shall be made by using the following apparatus and the following procedure. S7.4.1 Apparatus. (a) Anvil. A rubber anvil having a flat circular top 20 1 mm. (\13/16\ \1/16\ inch) in diameter, a thickness of at least 9 mm. (\3/8\ inch) and a hardness within 5 IRHDs of the SBR test cup. (b) Hardness tester. A hardness tester meeting the requirements for the standard instrument as described in ASTM D1415-68 (incorporated by reference, see Sec. 571.5) and graduated directly in IRHD units. S7.4.2 Procedure. Make hardness measurements at 23[deg] 2 [deg]C. (73.4[deg] 4 [deg]F.). Equilibrate the tester and anvils at this temperature prior to use. Center brake cups lip side down on an anvil of appropriate hardness. Following the manufacturer's operating instructions for the hardness tester, make one measurement at each of four points 6 mm from the center of the cup and spaced 90[deg] apart. Average the four values, and round off to the nearest IRHD. S7.5 Sediment by centrifuging. The amount of sediment in the test fluid shall be determined by the following procedure. S7.5.1 Apparatus. (a) Centrifuge tube. Cone-shaped centrifuge tubes conforming to the dimensions given in Figure 6, and made of thoroughly annealed glass. The graduations shall be numbered as shown in Figure 6, and shall be clear and distinct. Scale-error tolerances and smallest graduations between various calibration marks are given in Table V and apply to calibrations made with air-free water at 20 [deg]C. (68 [deg]F.). [[Page 562]] [GRAPHIC] [TIFF OMITTED] TC01AU91.048 Fig. 6--ASTM 8-in. Centrifuge Tube Table V--Calibration Tolerances for 8-Inch Centrifuge Tube ------------------------------------------------------------------------ Volume Range, ml Subdivision, tolerance, ml ml ------------------------------------------------------------------------ 0 to 0.1...................................... 0.05 Sec. 571.117 Standard No. 117; Retreaded pneumatic tires. S1. Scope. This standard specifies performance, labeling, and certification requirements for retreaded pneumatic passenger car tires. S2. Purpose. The purpose of this standard is to require retreaded pneumatic passenger car tires to meet safety criteria similar to those for new pneumatic passenger car tires. S3. Application. This standard applies to retreaded pneumatic tires for use on passenger cars manufactured after 1948. S4. Definitions. S4.1 Casing means a used tire to which additional tread may be attached for the purpose of retreading. Retreaded means manufactured by a process in which a tread is attached to a casing. S4.2 All terms defined in Sec. Sec. 571.109 and 571.110 are used as defined therein. S5. Requirements. S5.1 Retreaded tires. S5.1.1 Except as specified in S5.1.3, each retreaded tire, when mounted on a test rim of the width specified for the tire's size designation in appendix A of Sec. 571.109 shall comply with the following requirements of Sec. 571.109: (a) S4.1 (Size and construction). (b) S4.2.1 (General). (c) S4.2.2.3 (Tubeless tire resistance to bead unseating). (d) S4.2.2.4 (Tire strength). S5.1.2 Except as specified in S5.1.3, each retreaded tire, when mounted on a test rim of the width specified for the tire's size designation in appendix A of Sec. 571.109, shall comply with the requirements of S4.2.2.2 of Sec. 571.109, except that the tire's section width shall not be more than 110 percent of the section width specified, and the tire's size factor shall be at least 97 percent of the size factor specified, in appendix A of Sec. 571.109 for the tire's size designation. S5.1.3 Each retreaded tire shall be capable of meeting the requirements of S5.1.1 and S5.1.2 when mounted on any rim in accordance with those sections. S5.1.4 No retreaded tire shall have a size designation, recommended maximum load rating, or maximum permissible inflation pressure that is greater than that originally specified on the casing pursuant to S4.3 of Sec. 571.109, or specified for the casing in Table I. S5.2 Casings. S5.2.1 No retreaded tire shall be manufactured with a casing-- (a) On which bead wire or cord fabric is exposed before processing. (b) On which any cord fabric is exposed during processing, except that cord fabric that is located at a splice, i.e., where two or more segments of the same ply overlap, or cord fabric that is part of the belt material, may be exposed but shall not be penetrated or removed to any extent whatsoever. S5.2.2 No retreaded tire shall be manufactured with a casing-- (a) From which a belt or ply, or part thereof, is removed during processing; or [[Page 564]] (b) On which a belt or ply, or part thereof, is added or replaced during processing. S5.2.3 Each retreaded tire shall be manufactured with a casing that bears, permanently molded at the time of its original manufacture into or onto the tire sidewall, each of the following: (a) The symbol DOT; (b) The size of the tire; and (c) The actual number of plies or ply rating. S5.2.4 [Reserved] S6. Certification and labeling. S6.1 Each manufacturer of a retreaded tire shall certify that its product complies with this standard pursuant to Section 30115 of Title 49, United States Code, by labeling the tire with the symbol DOT in the location specified in section 574.5 of this chapter. S6.2 [Reserved] S6.3. Labeling. Each retreaded tire shall comply, according to the phase-in schedule specified in S7 of this standard, with the requirements of S5.5 and S5.5.1 of Sec. 571.139. S7. Phase-In Schedule for labeling S7.1. Tires retreaded on or after September 1, 2005 and before September 1, 2006. For tires manufactured on or after September 1, 2005 and before September 1, 2006, the number of tires complying with S6.3 of this standard must be equal to not less than 40% of the retreader's production during that period. S7.2. Tires retreaded on or after September 1, 2006 and before September 1, 2007. For tires manufactured on or after September 1, 2006 and before September 1, 2007, the number of tires complying with S6.3 of this standard must be equal to not less than 70% of the retreader's production during that period. S7.3. Tires retreaded on or after September 1, 2007. Each tire must comply with S6.3 of this standard. [37 FR 5952, Mar. 23, 1972, as amended at 37 FR 11775, June 14, 1972; 38 FR 2982, Jan. 31, 1973; 38 FR 6999, Mar. 15, 1973; 38 FR 9688, Apr. 19, 1973; 39 FR 1443, Jan. 9, 1974; 39 FR 3553, Jan. 28, 1974; 39 FR 36016, Oct. 7, 1974; 39 FR 39884, Nov. 12, 1974; 61 FR 29494, June 11, 1996; 63 FR 28920, May 27, 1998; 67 FR 69627, Nov. 18, 2002; 69 FR 31319, June 3, 2004] Editorial Note: For an interpretation of Sec. 571.117, see 38 FR 10940, May 3, 1973. Sec. 571.118 Standard No. 118; Power-operated window, partition, and roof panel systems. S1. Purpose and scope. This standard specifies requirements for power operated window, partition, and roof panel systems to minimize the likelihood of death or injury from their accidental operation. S2. Application. This standard applies to passenger cars, multipurpose passenger vehicles, and trucks with a gross vehicle weight rating of 4,536 kilograms or less. This standard's inadvertent actuation performance requirements of S6(a) need not be met for vehicles manufactured before October 1, 2008. The standard's pull-to-close switch operability requirements of S6(c) need not be met for vehicles manufactured before October 1, 2010. S3. Definitions. Infrared reflectance means the ratio of the intensity of infrared light reflected and scattered by a flat sample of the test rod material to the intensity of infrared light reflected and scattered by a mirror that reflects 99.99 percent of the infrared radiation incident on its surface as measured by the apparatus show in Figure 2. Power operated roof panel systems mean moveable panels in the vehicle roof which close by vehicle supplied power either by a sliding or hinged motion, and do not include convertible top systems. S4. Operating requirements. Except as provided in S5, power operated window, partition, or roof panel systems may be closed only in the following circumstances: (a) When the key that controls activation of the vehicle's engine is in the ``ON'', ``START'', or ``ACCESSORY'' position; (b) By muscular force unassisted by vehicle supplied power; (c) Upon continuous activation by a locking system on the exterior of the vehicle; (d) Upon continuous activation of a remote actuation device, provided that the remote actuation device shall be incapable of closing the power window, partition or roof panel from a distance of more than 6 meters from the vehicle; [[Page 565]] (e) During the interval between the time the locking device which controls the activation of the vehicle's engine is turned off and the opening of either of a two-door vehicle's doors or, in the case of a vehicle with more than two doors, the opening of either of its front doors; (f) If the window, partition, or roof panel is in a static position before starting to close and in that position creates an opening so small that a 4 mm diameter semi-rigid cylindrical rod cannot be placed through the opening at any location around its edge in the manner described in S5(b); or (g) Upon continuous activation of a remote actuation device, provided that the remote actuation device shall be incapable of closing the power window, partition or roof panel if the device and the vehicle are separated by an opaque surface and provided that the remote actuation device shall be incapable of closing the power window, partition or roof panel from a distance of more than 11 meters from the vehicle. S5. Automatic reversal systems. A power-operated window, partition, or roof panel system that is capable of closing or of being closed under any circumstances other than those specified in S4 shall meet the requirements of S5.1, S5.2, and, if applicable, S5.3. S5.1. While closing, the power-operated window, partition, or roof panel shall stop and reverse direction either before contacting a test rod with properties described in S8.2 or S8.3, or before exerting a squeezing force of 100 newtons (N) or more on a semi-rigid cylindrical test rod with the properties described in S8.1, when such test rod is placed through the window, partition, or roof panel opening at any location in the manner described in the applicable test under S7. S5.2. Upon reversal, the power-operated window, partition, or roof panel system must open to one of the following positions, at the manufacturer's option: (a) A position that is at least as open as the position at the time closing was initiated; (b) A position that is not less than 125 millimeters (mm) more open than the position at the time the window reversed direction; or (c) A position that permits a semi-rigid cylindrical rod that is 200 mm in diameter to be placed through the opening at the same location as the rod described in S7.1 or S7.2(b). S5.3. If a vehicle uses proximity detection by infrared reflection to stop and reverse a power-operated window, partition, or roof panel, the infrared source shall project infrared light at a wavelength of not less than 850 nm and not more than 1050 nm. The system shall meet the requirements in S5.1 and S5.2 in all ambient light conditions from total darkness to 64,500 lux (6,000 foot candles) incandescent light intensity. S6 Actuation Devices. Except as provided in paragraph S6(b), actuation devices in the occupant compartments of vehicles used to close power-operated windows, partitions, and roof panels must meet the following requirements: (a) An actuation device must not cause a window, partition, or roof panel to begin to close from any open position when tested as follows: (1) Using a stainless steel sphere having a surface finish between 8 and 4 micro inches and a radius of 20 mm 0.2 mm, place the surface of the sphere against any portion of the actuation device. (2) Apply a force not to exceed 135 Newtons (30 pounds) through the geometric center of the sphere. This force may be applied at any angle with respect to the actuation device. (3) For actuation devices that cannot be contacted by the sphere specified in S6(a)(1) prior to the application of force, apply a force up to the level specified in S6(a)(2) at any angle in an attempt to make contact with the actuation device. The sphere is directionally applied in such a manner that, if unimpeded, it would make contact with the actuation device. (b) The requirement in S6(a) does not apply to either-- (1) actuation devices that are mounted in a vehicle's roof, headliner, or overhead console that can close power-operated windows, partitions, or roof panels only by continuous rather than momentary switch actuation, or (2) actuation devices for closing power-operated windows, partitions, or [[Page 566]] roof panels which comply with paragraph S5. (c) Any actuation device for closing a power-operated window must operate by pulling away from the surface in the vehicle on which the device is mounted. An actuation device for closing a power-operated window must operate only when pulled vertically up (if mounted on the top of a horizontal surface), or out (if mounted on a vertical surface), or down (if mounted on the underside of an overhead surface), or in a direction perpendicular to the surrounding surface if mounted in a sloped orientation, in order to cause the window to move in the closing direction. S7. Test procedures. S7.1. Test procedure for testing power-operated window, partition, or roof panel systems designed to detect obstructions by physical contact or by light beam interruption: Place the test rod of the type specified in S8.1 or S8.2, as appropriate, through the window, partition, or roof panel opening from the inside of the vehicle such that the cylindrical surface of the rod contacts any part of the structure with which the window, partition, or roof panel mates. Typical placements of test rods are illustrated in Figure 1. Attempt to close the power window, partition, or roof panel by operating the actuation device provided in the vehicle for that purpose. S7.2. Test procedure for testing power-operated window, partition, or roof panel systems designed to detect the proximity of obstructions using infrared reflectance: (a) Place the vehicle under incandescent lighting that projects 64,500 lux (6,000 foot candles) onto the infrared sensor. The light is projected onto the infrared sensor by aiming the optical axis of a light source outside the vehicle as perpendicular as possible to the lens of the infrared sensor. The intensity of light is measured perpendicular to the plane of the lens of the infrared sensor, as close as possible to the center of the lens of the infrared sensor. (b) Place a test rod of the type specified in S8.3 in the window, partition, or roof panel opening, with the window, partition, or roof panel in any position. While keeping the rod stationary, attempt to close the window, partition, or roof panel by operating the actuation device provided in the vehicle for that purpose. Remove the test rod. Fully open the window, partition, or roof panel, and then begin to close it. While the window, partition, or roof panel is closing, move a test rod so that it approaches and ultimately extends through (if necessary) the window, partition, or roof panel opening, or its frame, in any orientation from the interior of the vehicle. For power partitions that have occupant compartment space on both sides of the partition, move the test rod into the partition opening from either side of the partition. (c) Repeat the steps in S7.2(a) and (b) with other ambient light conditions within the range specified in S5.3. S8. Test rods. S8.1. Rods for testing systems designed to detect obstructions by physical contact: (a) Each test rod is of cylindrical shape with any diameter in the range from 4 mm to 200 mm and is of sufficient length that it can be hand-held during the test specified in S7 with only the test rod making any contact with any part of the window, partition, or roof panel or mating surfaces of the window, partition, or roof panel. (b) Each test rod has a force-deflection ratio of not less than 65 N/mm for rods 25 mm or smaller in diameter, and not less than 20 N/mm for rods larger than 25 mm in diameter. S8.2. Rods for testing systems designed to detect obstructions by light beam interruption: Each test rod has the shape and dimensions specified in S8.1 and is, in addition, opaque to infrared, visible, and ultraviolet light. S8.3. Rods for testing systems designed to detect the proximity of obstructions using infrared reflection: (a) Each rod is constructed so that its surface has an infrared reflectance of not more than 1.0 percent when measured by the apparatus in Figure 2, in accordance with the procedure in S9. (b) Each rod has the shape and dimensions specified in Figure 3. S9. Procedure for measuring infrared reflectance of test rod surface material. (a) The infrared reflectance of the rod surface material is measured using a flat sample and an infrared light source and sensor operating at a wavelength of 950 100 nm. [[Page 567]] (b) The intensity of incident infrared light is determined using a reference mirror of nominally 100 percent reflectance mounted in place of the sample in the test apparatus in Figure 2. (c) Infrared reflectance measurements of each sample of test rod surface material and of the reference mirror are corrected to remove the contribution of infrared light reflected and scattered by the sample holder and other parts of the apparatus before computation of the infrared reflectance ratio. [GRAPHIC] [TIFF OMITTED] TC01AU91.050 [[Page 568]] [GRAPHIC] [TIFF OMITTED] TR15SE04.020 [GRAPHIC] [TIFF OMITTED] TR15SE04.021 [[Page 569]] [56 FR 15294, Apr. 16, 1991, as amended at 57 FR 23963, June 5, 1992; 57 FR 28012, June 23, 1992; 58 FR 16785, Mar. 31, 1993; 60 FR 13644, Mar. 14, 1995; 69 FR 55531, 55544, Sept. 15, 2004; 71 FR 18683, Apr. 12, 2006; 71 FR 25285, Apr. 28, 2006; 73 FR 38339, July 7, 2008] Sec. 571.119 Standard No. 119; New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds), specialty tires, and tires for motorcycles. S1. Scope. This standard establishes performance and marking requirements for tires for use on motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds), specialty tires, and tires for motorcycles. S2. Purpose. The purpose of this standard is to provide safe operational performance levels for tires used on motor vehicles with a GVWR of more than 10,000 pounds, trailers, and motorcycles, and to place sufficient information on the tires to permit their proper selection and use. S3. Application. This standard applies to: (a) New pneumatic tires for use on motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) manufactured after 1948; (b) New pneumatic light truck tires with a tread depth of \18/32\ inch or greater, for use on motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less manufactured after 1948; (c) Tires for use on special-use trailers (ST, FI and 8-12 rim or lower diameter code); and (d) Tires for use on motorcycles manufactured after 1948. S4. Definitions. All terms defined in the Act and the rules and standards issued under its authority are used as defined therein. Light truck tire means a tire designated by its manuafacturer as primarily intended for use on lightweight trucks or multipurpose passenger vehicles. Model rim assembly means a test device that (a) includes a rim which conforms to the published dimensions of a commercially available rim, (b) includes an air valve assembly when used for testing tubeless tires or an innertube and flap (as required) when used for testing tubetype tires, and (c) undergoes no permanent rim deformation and allows no loss of air through the portion that it comprises of the tire-rim pressure chamber when a tire is properly mounted on the assembly and subjected to the requirements of this standard. S5. Tire and rim matching information. S5.1 Each manufacturer of tires shall ensure that a listing of the rims that may be used with each tire that he produces is provided to the public. For purposes of this section each rim listing shall include dimensional specifications and a diagram of the rim. However a listing compiled in accordance with paragraph (a) of this section need not include dimensional specifications or a diagram of a rim if the rim's dimensional specifications and diagram are contained in each listing published in accordance with paragraph (b) of this standard. The listing shall be in one of the following forms: (a) Listed by manufacturer name or brand name in a document furnished to dealers of the manufacturer's tires, to any person upon request, and in duplicate to: Docket Section, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590; or (b) Contained in publications, current at the date of manufacture of the tire or any later date, of at least one of the following organizations: The Tire and Rim Association The European Tyre and Rim Technical Organisation Japan Automobile Tire Manufacturers' Association, Inc. Deutsche Industrie Norm British Standards Institution Scandinavian Tire and Rim Organization The Tyre and Rim Association of Australia S5.2 Information contained in a publication specified in S5.1(b) which lists general categories of tires and rims by size designation, type of construction, and/or intended use, shall be considered to be manufacturer's information pursuant to S5.1 for the listed tires, unless the publication itself or specific information provided according to S5.1(a) indicates otherwise. S6. Requirements. Each tire shall be capable of meeting any of the applicable requirements set forth below, when [[Page 570]] mounted on a model rim assembly corresponding to any rim designated by the tire manufacturer for use with the tire in accordance with S5. However, a particular tire need not meet further requirements after having been subjected to and met the endurance test (S6.1), strength test (S6.2), or high speed performance test (S6.3). S6.1 Endurance. S6.1.1 Prior to testing in accordance with the procedures of S7.2, a tire shall exhibit no visual evidence of tread, sidewall, ply, cord, innerliner, or bead separation, chunking, broken cords, cracking, or open splices. S6.1.2 When tested in accordance with the procedures of S7.2: (a) There shall be no visual evidence of tread, sidewall, ply, cord, innerliner, or bead separation, chunking, broken cords, cracking, or open splices. (b) The tire pressure at the end of the test shall be not less than the initial pressure specified in S7.2(a). S6.2 Strength. When tested in accordance with the procedures of S7.3 a tire's average breaking energy value shall be not less than the value specified in Table II for that tire's size and load range. S6.3 High speed performance. When tested in accordance with the procedures of S7.4, a tire shall meet the requirements set forth in S6.1.1 and S6.1.2(a) and (b). However, this requirement applies only to motorcycle tires and to non-speed-restricted tires of nominal rim diameter code 14.5 or less marked load range A, B, C, or D. S6.4 Treadwear indicators. Except as specified in this paragraph, each tire shall have at least six treadwear indicators spaced approximately equally around the circumference of the tire that enable a person inspecting the tire to determine visually whether the tire has worn to a tread depth of 1.6 mm (one-sixteenth of an inch). Tires with a rim diameter code of 12 or smaller shall have at least three such treadwear indicators. Motorcycle tires shall have at least three such indicators which permit visual determination that the tire has worn to a tread depth of 0.8 mm (one-thirty-second of an inch). S6.5 Tire markings. Except as specified in this paragraph, each tire shall be marked on each sidewall with the information specified in paragraphs (a) through (j) of this section. The markings shall be placed between the maximum section width (exclusive of sidewall decorations or curb ribs) and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area which is not more than one-fourth of the distance from the bead to the shoulder of the tire. If the maximum section width falls within that area, the markings shall appear between the bead and a point one-half the distance from the bead to the shoulder of the tire, on at least one sidewall. The markings shall be in letters and numerals not less than 2 mm (0.078 inch) high and raised above or sunk below the tire surface not less that 0.4 mm (0.015 inch), except that the marking depth shall be not less than 0.25mm (0.010 inch) in the case of motorcycle tires. The tire identification and the DOT symbol labeling shall comply with part 574 of this chapter. Markings may appear on only one sidewall and the entire sidewall area may be used in the case of motorcycle tires and recreational, boat, baggage, and special trailer tires. (a) The symbol DOT, which shall constitute a certification that the tire conforms to applicable Federal motor vehicle safety standards. This symbol may be marked on only one sidewall. (b) The tire identification number required by part 574 of this chapter. This number may be marked on only one sidewall. (c) The tire size designation as listed in the documents and publications designated in S5.1. (d) The maximum load rating and corresponding inflation pressure of the tire, shown as follows: (Mark on tires rated for single and dual load): Max load single ____kg (____lb) at ____kPa (____psi) cold. Max load dual ____kg (____lb) at ____kPa (____psi) cold. (Mark on tires rated only for single load): Max load ____kg (____lb) at ____kPa (____psi) cold. (e) The speed restriction of the tire, if 90 km/h (55 mph) or less, shown as follows: Max speed ____km/h (____mph). (f) The actual number of plies and the composition of the ply cord material in [[Page 571]] the sidewall and, if different, in the tread area; (g) The words ``tubeless'' or ``tube type'' as applicable. (h) The word ``regroovable'' if the tire is designed for regrooving. (i) The word ``radial'' if a radial tire. (j) The letter designating the tire load range. S6.6 Maximum load rating. If the maximum load rating for a particular tire size is shown in one or more of the publications described in S5.1(b), each tire of that size designation shall have a maximum load rating that is not less than the published maximum load rating, or if there are differing published ratings for the same tire size designation, not less than the lowest published maximum load rating for the size designation. S7. Test procedures. S7.1 General conditions. S7.1.1 The tests are performed using an appropriate new tube, tube valve and flap assembly (as required) that allows no loss of air for testing of tube-type tires under S7.2, S7.3, and S7.4, and tubeless tires under S7.3. S7.1.2 The tire must be capable of meeting the requirements of S7.2 and S7.4 when conditioned to a temperature of 35 [deg]C (95 [deg]F) for 3 hours before the test is conducted, and with an ambient temperature maintained at 35 [deg]C (95 [deg]F) during all phases of testing. The tire must be capable of meeting the requirements of S7.3 when conditioned at a temperature of 21 [deg]C (70 [deg]F) for 3 hours before the test is conducted. S7.2 Endurance. (a) Mount the tire on a model rim assembly and inflate it to the inflation pressure corresponding to the maximum load rating marked on the tire. Use a single maximum load value when the tire is marked with both single and dual maximum load. (b) After conditioning the tire-rim assembly in accordance with S7.1.2, adjust the tire pressure to that specified in (a) immediately before mounting the tire rim assembly. (c) Mount the tire-rim assembly on an axle and press it against a flat-faced steel test wheel that is 1708 mm (67.23 inches) in diameter and at least as wide as the tread of the tire. (d) Apply the test load and rotate the test wheel as indicated in Table III for the type of tire tested conducting each successive phase of the test without interruption. (e) Immediately after running the tire the required time, measure the tire inflation pressure. Remove the tire from the model rim assembly, and inspect the tire. S7.3 Strength. (a) Mount the tire on a model rim assembly and inflate it to the pressure corresponding to the maximum load, or maximum dual load where there is both a single and dual load marked on the tire. If the tire is tubeless, a tube may be inserted to prevent loss of air during the test in the event of puncture. (b) After conditioning the tire-rim assembly in accordance with S7.1.2, adjust the tire pressure to that specified in (a). (c) Force a cylindrical steel plunger, with a hemispherical end and of the diameter specified in Table I for the tire size, perpendicularly into a raised tread element as near as possible to the centerline of the tread, at a rate of 50 mm (2 inches) per minute, until the tire breaks or the plunger is stopped by the rim. (d) Record the force and the distance of penetration just before the tire breaks, or if it fails to break, just before the plunger is stopped by the rim. (e) Repeat the plunger application at 72[deg] intervals around the circumference of the tire, until five measurements are made. However, in the case of tires of 12 inch rim diameter code or smaller, repeat the plunger application at 120[deg] intervals around the circumference of the tire, until three measurements are made. (f) Compute the breaking energy for each test point by one of the two following formulas: (1) W = [(F x P)/2] x 10-3 Where: W = Breaking energy in joules (J), F = Force in newtons (N), and P = Penetration in millimeters (mm), or; (2) W = (F x P)/2 Where: W = Breaking energy in inch-pounds (in-lb), F = Force in pounds (lb), and P = Penetration in inches (in). [[Page 572]] (g) Determine the average breaking energy value for the tire by computing the average of the values obtained in accordance with paragraph (f). S7.4 High speed performance. (a) Perform steps (a) through (c) of S7.2. (b) Apply a force of 88 percent of the maximum load rating marked on the tire (use single maximum load value when the tire is marked with both single and dual maximum loads), and rotate the test wheel at 250 rpm for 2 hours. (c) Remove the load, allow the tire to cool to 35 [deg]C (95 [deg]F), and then adjust the pressure to that marked on the tire for single tire use. (d) Reapply the same load, and without interruption or readjustment of inflation pressure, rotate the test wheel at 375 rpm for 30 minutes, then at 400 rpm for 30 minutes, and then at 425 rpm for 30 minutes. (e) Immediately after running the tire the required time, measure the tire inflation pressure. Remove the tire from the model rim assembly, and inspect the tire. Table I--Strength Test Plunger Diameter ------------------------------------------------------------------------ Plunger diameter Tire type ------------------------- (mm) (inches) ------------------------------------------------------------------------ Light truck................................... 19.05 \3/4\ Motorcycle.................................... 7.94 \5/16\ <=12 rim diameter code (except motorcycle).... 19.05 \3/4\ Tubeless: <=17.5 rim diameter code.................. 19.05 \3/4\ 17.5 rim diameter code, load 31.75 1\1/4\ range F or less.......................... 17.5 rim diameter code, load 38.10 1\1/2\ range over F............................. Tube-type: Load range F or less...................... 31.75 1\1/4\ Load range over F......................... 38.10 1\1/2\ ------------------------------------------------------------------------ [[Page 573]] Table II--Minimum Static Breaking Energy [Joules (J) and Inch-Pounds (in-lb)] ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Tire characteristic Motorcycle All 12 rim Light Truck Tires other than light truck, motorcycle, 12 rim diameter code or smaller ------------------------------------------------------------------- diameter code or greater than 12 ----------------------------------------------------------------------------------------- Plunger diameter (mm and inches) 7.94 mm \5/ smaller except rim diameter Tube type greater than 12 rim Tubeless 17.5 Tubeless greater than 17.5 rim --------------------------------------------------------- 16\[sec] motorcycle code diameter code rim diameter diameter code ---------------------------------------------------------------------------------- code or smaller ----------------------------------- 19.05 \3/ 19.05 \3/ 31.75 1 \1/ 38.10 1 \1/ ------------------ 31.75 1 \1/ 38.10 1 \1/ mm 4\[sec] mm 4\[sec] mm 4\[sec] mm 2\[sec] 19.05 \3/ mm 4\[sec] mm 2\[sec] Breaking Energy J in-lb ------------------------------------------------------------------------ mm 4\[sec] ----------------------------------- ------------------ J in-lb J in-lb J in-lb J in-lb J in-lb J in-lb J in-lb ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Load Range: A.......................................... 16 150 67 600 225 2,000 ....... ....... ....... ....... 225 2,000 ....... ....... ....... ....... B.......................................... 33 300 135 1,200 293 2,600 ....... ....... ....... ....... 293 2,600 ....... ....... ....... ....... C.......................................... 45 400 203 1,800 361 3,200 768 6,800 ....... ....... 361 3,200 576 5,100 ....... ....... D.......................................... ....... ........ 271 2,400 514 4,550 892 7,900 ....... ....... 514 4,550 734 6,500 ....... ....... E.......................................... ....... ........ 338 3,000 576 5,100 1,412 12,500 ....... ....... 576 5,100 971 8,600 ....... ....... F.......................................... ....... ........ 406 3,600 644 5,700 1,785 15,800 ....... ....... 644 5,700 1,412 12,500 ....... ....... G.......................................... ....... ........ ....... ....... 711 6,300 ....... ....... 2,282 20,200 711 6,300 ....... ....... 1,694 15,000 H.......................................... ....... ........ ....... ....... 768 6,800 ....... ....... 2,598 23,000 768 6,800 ....... ....... 2,090 18,500 J.......................................... ....... ........ ....... ....... ....... ....... ....... ....... 2,824 25,000 ....... ....... ....... ....... 2,203 19,500 L.......................................... ....... ........ ....... ....... ....... ....... ....... ....... 3,050 27,000 ....... ....... ....... ....... ....... ....... M.......................................... ....... ........ ....... ....... ....... ....... ....... ....... 3,220 28,500 ....... ....... ....... ....... ....... ....... N.......................................... ....... ........ ....... ....... ....... ....... ....... ....... 3,389 30,000 ....... ....... ....... ....... ....... ....... ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Note: For rayon cord tires, applicable energy values are 60 percent of those in table. [[Page 574]] Table III--Endurance Test Schedule -------------------------------------------------------------------------------------------------------------------------------------------------------- Test wheel speed Test load: Percent of maximum load -------------------------- rating Total test Description Load range --------------------------------------- revolution km/h r/m Step I (7 Step II Step III (thousands) hours) (16 hours) (24 hours) -------------------------------------------------------------------------------------------------------------------------------------------------------- Speed-restricted service: 90 km/h (55 mph)..................... All......................... 40 125 66 84 101 352.5 80 km/h (50 mph)..................... C, D........................ 48 150 75 97 114 423.0 E, F, G, H, J, L, M, N...... 32 100 66 84 101 282.0 56 km/h (35 mph)..................... All......................... 24 75 66 84 101 211.5 Motorcycle............................... All......................... 80 250 \a\100 \b\108 117 510.0 All other................................ A, B, C, D.................. 80 250 \a\75 \b\97 114 510.0 E........................... 64 200 70 88 106 564.0 F........................... 64 200 66 84 101 564.0 G........................... 56 175 66 84 101 493.5 H, J, L, M, N............... 48 150 66 84 101 423.0 -------------------------------------------------------------------------------------------------------------------------------------------------------- \a\ 4 hours for tire sizes subject to high speed requirements S6.3. \b\ 6 hours for tire sizes subject to high speed requirements S6.3. (Secs. 113, 201, 80 Stat. 718 (15 U.S.C. 1402, 1421); secs. 103, 112, 119, 201, 203, Pub. L. 89-563, 80 Stat. 718 (15 U.S.C. 1392, 1401, 1421, 1423); delegation of authority at 49 CFR 1.50) [38 FR 31301, Nov. 13, 1973] Editorial Note: For Federal Register citations affecting Sec. 571.119, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.120 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). S1. Scope. This standard specifies tire and rim selection requirements, rim marking requirements and motor home/recreation vehicle trailer load carrying capacity information. S2. Purpose. The purpose of this standard is to provide safe operational performance by ensuring that vehicles to which it applies are equipped with tires of adequate size and load rating and with rims of appropriate size and type designation, and by ensuring that consumers are informed of motor home/recreation vehicle trailer load carrying capacity. S3. Application. This standard applies to motor vehicles with a gross vehicle weight rating (GVWR) of more than 4,536 kilograms (10,000 pounds and motorcycles, to rims for use on those vehicles, and to non- pneumatic spare tire assemblies for use on those vehicles. S4. Definitions. All terms defined in the Act and the rules and standards issued under its authority are used as defined therein. Rim base means the portion of a rim remaining after removal of all split or continuous rim flanges, side rings, and locking rings that can be detached from the rim. Rim size designation means rim diameter and width. Rim diameter means nominal diameter of the bead seat. Rim width means nominal distance between rim flanges. Rim type designation means the industry or manufacturer's designation for a rim by style or code. Weather side means the surface area of the rim not covered by the inflated tire. S5. Requirements. S5.1 Tire and rim selection. S5.1.1 Except as specified in S5.1.3, each vehicle equipped with pneumatic tires for highway service shall be equipped with tires that meet the requirements of Sec. 571.109, Sec. 571.119 or Sec. 571.139, and rims that are listed by the manufacturer of the tires as suitable for use with those tires, in accordance with S4.4 of Sec. 571.109 or S5.1 of Sec. 571.119, [[Page 575]] as applicable, except that vehicles may be equipped with a non-pneumatic spare tire assembly that meets the requirements of Sec. 571.129, New non-pneumatic tires for passenger cars, and S8 of this standard. Vehicles equipped with such an assembly shall meet the requirements of S5.3.3, S7, and S9 of this standard. S5.1.2 Except in the case of a vehicle which has a speed attainable in 3.2 kilometers of 80 kilometers per hour or less, the sum of the maximum load ratings of the tires fitted to an axle shall be not less than the gross axle weight rating (GAWR) of the axle system as specified on the vehicle's certification label required by 49 CFR part 567. Except in the case of a vehicle which has a speed attainable in 2 miles of 50 mph or less, the sum of the maximum load ratings of the tires fitted to an axle shall be not less than the gross axle weight rating (GAWR) of the axle system as specified on the vehicle's certification label required by 49 CFR part 567. If the certification label shows more than one GAWR for the axle system, the sum shall be not less than the GAWR corresponding to the size designation of the tires fitted to the axle. If the size designation of the tires fitted to the axle does not appear on the certification label, the sum shall be not less than the lowest GAWR appearing on the label. When a passenger car tire is installed on a multipurpose passenger vehicle, truck, bus, or trailer, the tire's load rating shall be reduced by dividing by 1.10 before calculating the sum (i.e., the sum of the load ratings of the tires on each axle, when the tires' load carrying capacity at the recommended tire cold inflation pressure is reduced by dividing by 1.10, must be appropriate for the GAWR). S5.1.3 In place of tires that meet the requirements of Standard No. 119, a truck, bus, or trailer may at the request of a purchaser be equipped at the place of manufacture of the vehicle with retreaded or used tires owned or leased by the purchaser, if the sum of the maximum load ratings meets the requirements of S5.1.2. Used tires employed under this provision must have been originally manufactured to comply with Standard No. 119, as evidenced by the DOT symbol. S5.2 Rim marking. Each rim or, at the option of the manufacturer in the case of a single-piece wheel, wheel disc shall be marked with the information listed in paragraphs (a) through (e) of this paragraph, in lettering not less than 3 millimeters high, impressed to a depth or, at the option of the manufacturer, embossed to a height of not less than 0.125 millimeters. The information listed in paragraphs (a) through (c) of this paragraph shall appear on the weather side. In the case of rims of multi piece construction, the information listed in paragraphs (a) through (e) of this paragraph shall appear on the rim base and the information listed in paragraphs (b) and (d) of this paragraph shall also appear on each other part of the rim. (a) A designation which indicates the source of the rim's published nominal dimensions, as follows: (1) ``T'' indicates The Tire and Rim Association. (2) ``E'' indicates The European Tyre and Rim Technical Organisation (3) ``J'' indicates Japan Automobile Tire Manufacturers' Association, Inc. (4) ``D'' indicates Deutsche Industrie Norm. (5) ``B'' indicates British Standards Institution. (6) ``S'' indicates Scandinavian Tire and Rim Organization. (7) ``A'' indicates The Tyre and Rim Association of Australia. (8) ``N'' indicates an independent listing pursuant to S4.4.1(a) of Standard No. 109 or S5.1(a) of Standard No. 119. (b) The rim size designation, and in case of multipiece rims, the rim type designation. For example: 20 x 5.50, or 20 x 5.5. (c) The symbol DOT, constituting a certification by the manufacturer of the rim that the rim complies with all applicable motor vehicle safety standards. (d) A designation that identifies the manufacturer of the rim by name, trademark, or symbol. (e) The month, day and year or the month and year of manufacture, expressed either numerically or by use of a symbol, at the option of the manufacturer. For example: ``September 4, 1976'' may be expressed numerically as: [[Page 576]] 90476, 904, or 76 76 904 ``September 1976'' may be expressed as: 976, 9, or 76 76 9 (1) Any manufacturer that elects to express the date of manufacture by means of a symbol shall notify NHTSA in writing of the full names and addresses of all manufacturers and brand name owners utilizing that symbol and the name and address of the trademark owner of that symbol, if any. The notification shall describe in narrative form and in detail how the month, day, and year or the month and year are depicted by the symbol. Such description shall include an actual size graphic depiction of the symbol, showing and/or explaining the interrelationship of the component parts of the symbol as they will appear on the rim or single piece wheel disc, including dimensional specifications, and where the symbol will be located on the rim or single piece wheel disc. The notification shall be received by NHTSA at least 60 calendar days prior to first use of the symbol. The notification shall be mailed to the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. All information provided to NHTSA under this paragraph will be placed in the public docket. (2) Each manufacturer of wheels shall provide an explanation of its date of manufacture symbol to any person upon request. S5.3 Each vehicle shall show the information specified in S5.3.1 and S5.3.2 and, in the case of a vehicle equipped with a non-pneumatic spare tire, the information specified in S5.3.3, in the English language, lettered in block capitals and numerals not less than 2.4 millimeters high and in the format set forth following this paragraph. This information shall appear either-- (a) After each GAWR listed on the certification label required by Sec. 567.4 or Sec. 567.5 of this chapter; or at the option of the manufacturer, (b) On the tire information label affixed to the vehicle in the manner, location, and form described in Sec. 567.4 (b) through (f) of this chapter as appropriate of each GVWR-GAWR combination listed on the certification label. S5.3.1 Tires. The size designation (not necessarily for the tires on the vehicle) and the recommended cold inflation pressure for those tires such that the sum of the load ratings of the tires on each axle (when the tires' load carrying capacity at the specified pressure is reduced by dividing by 1.10, in the case of a tire subject to FMVSS No. 109) is appropriate for the GAWR as calculated in accordance with S5.1.2. S5.3.2. Rims. The size designation and, if applicable, the type designation of Rims (not necessarily those on the vehicle) appropriate for those tires. TRUCK EXAMPLE--SUITABLE TIRE-RIM CHOICE GVWR: 7,840 KG (17,289 LB) GAWR: FRONT--2,850 KG (6,280 LB) WITH 7.50-20(D) TIRES, 20 x 6.00 RIMS AT 520 KPA (75 PSI) COLD SINGLE GAWR: REAR--4,990 KG (11,000 LB) WITH 7.50-20(D) TIRES, 20 x 6.00 RIMS, AT 450 KPA (65 PSI) COLD DUAL GVWR: 13,280 KG (29,279 LB) GAWR: FRONT--4,826 KG (10,640 LB) WITH 10.00-20(F) TIRES, 20 x 7.50 RIMS, AT 620 KPA (90 PSI) COLD SINGLE GAWR: REAR--8,454 KG (18,639 LB) WITH 10.00-20(F) TIRES, 20 x 2.70 RIMS, AT 550 KPA (80 PSI) COLD DUAL S5.3.3 The non-pneumatic tire identification code, with which that assembly is labeled pursuant to S4.3(a) of Sec. 571.129. S6. Load Limits for Non-Pneumatic Spare Tires. The highest vehicle maximum load on the tire for the vehicle shall not be greater than the load rating for the non-pneumatic spare tire. S7 Labeling Requirements for Non-Pneumatic Spare Tires or Tire Assemblies. Each non-pneumatic tire or, in the case of a non-pneumatic tire assembly in which the non-pneumatic tire is an integral part of the assembly, each non-pneumatic tire assembly shall include, in letters or numerals not less than 4 millimeters high, the information specified in paragraphs S7 (a) and (b). The information shall be permanently molded, stamped, or otherwise permanently marked into or onto the non-pneumatic tire or non-pneumatic tire assembly, or shall appear on a label that is permanently attached to the tire or tire assembly. If a label is used, [[Page 577]] it shall be subsurface printed, made of material that is resistant to fade, heat, moisture and abrasion, and attached in such a manner that it cannot be removed without destroying or defacing the label on the non- pneumatic tire or tire assembly. The information specified in paragraphs S7 (a) and (b) shall appear on both sides of the non-pneumatic tire or tire assembly, except, in the case of a non-pneumatic tire assembly which has a particular side that must always face outward when mounted on a vehicle, in which case the information specified in paragraphs S7 (a) and (b) shall only be required on the outward facing side. The information shall be positioned on the tire or tire assembly such that it is not placed on the tread or the outermost edge of the tire and is not obstructed by any portion of any non-pneumatic rim or wheel center member designated for use with that tire in this standard or in Standard No. 129. (a) FOR TEMPORARY USE ONLY; and (b) MAXIMUM 80 KM/H (50 M.P.H.). S8. Requirements for Vehicles Equipped with Non-Pneumatic Spare Tire Assemblies S8.1 Vehicle Placarding Requirements. A placard, permanently affixed to the inside of the spare tire stowage area or equally accessible location adjacent to the non-pneumatic spare tire assembly, shall display the information set forth in S7 in block capitals and numerals not less than 6 millimeters high preceded by the words ``IMPORTANT--USE OF SPARE TIRE'' in letters not less than 9 millimeters high. S8.2 Supplementary Information. The owner's manual of the vehicle shall contain, in writing in the English language and in not less than 10 point type, the following information under the heading ``IMPORTANT-- USE OF SPARE TIRE'': (a) A statement indicating the information related to appropriate use for the non-pneumatic spare tire including at a minimum the information set forth in S8 (a) and (b) and either the information set forth in S5.3.6 or a statement that the information set forth in S5.3.6 is located on the vehicle placard and on the non-pneumatic tire; (b) An instruction to drive carefully when the non-pneumatic spare tire is in use, and to install the proper pneumatic tire and rim at the first reasonable opportunity; and (c) A statement that operation of the vehicle is not recommended with more than one non-pneumatic spare tire in use at the same time. S9 Non-Pneumatic Rims and Wheel Center Members S9.1 Non-Pneumatic Rim Requirements. Each non-pneumatic rim that is part of a separable non-pneumatic spare tire assembly shall be constructed to the dimensions of a non-pneumatic rim that is listed pursuant to S4.4 of Sec. 571.129 for use with the non-pneumatic tire, designated by its non-pneumatic tire identification code, with which the vehicle is equipped. S9.2 Wheel Center Member Requirements. Each wheel center member that is part of a separable non-pneumatic spare tire assembly shall be constructed to the dimensions of a wheel center member that is listed pursuant to S4.4 of Sec. 571.129 for use with the non-pneumatic tire, designated by its non-pneumatic tire identification code, with which the vehicle is equipped. S10. Each motor home and recreation vehicle (RV) trailer must meet the applicable requirements in S10. S10.1 On motor homes, the sum of the gross axle weight ratings (GAWR) of all axles on the vehicle must not be less than the gross vehicle weight rating (GVWR). S10.2 On RV trailers, the sum of the GAWRs of all axles on the vehicle plus the vehicle manufacturer's recommended tongue weight must not be less than the GVWR. If tongue weight is specified as a range, the minimum value must be used. S10.3 The tires on each motor home and RV trailer at first retail sale must be the same size as the tire size on the labeling required by S5.3. S10.4 Each motor home and RV trailer single stage or final stage manufacturer must affix either a motor home occupant and cargo carrying capacity (OCCC) label (Figure 1) or a RV trailer cargo carrying capacity (CCC) label (Figure 2) to its vehicles that meets the following criteria: [[Page 578]] S10.4.1 The RV load carrying capacity labels (Figures 1 and 2) must be legible, visible, moisture resistant, presented in the English language, have a minimum print size of 2.4 millimeters (\3/32\ inches) high and be printed in black print on a yellow background. S10.4.2 The weight value for load carrying capacity on the RV load carrying capacity labels (Figures 1 and 2) must be displayed to the nearest kilogram with conversion to the nearest pound and must be such that the vehicle's weight does not exceed its GVWR when loaded with the stated load carrying capacity. The UVW and the GVWR used to determine the RV's load carrying capacity must reflect the weights and design of the motor home or RV trailer as configured for delivery to the dealer/ service facility. If applicable, the weight of full propane tanks must be included in the RV's UVW and the weight of on-board potable water must be treated as cargo. S10.4.3 The RV load carrying capacity labels (Figures 1 and 2) must be: (a) Permanently affixed and must be visibly located on the interior of the forward-most exterior passenger door on the right side of the vehicle; or (b) If a permanent RV load carrying capacity label (Figure 1 or 2) is affixed in the location specified at S5.3(b), a temporary version of the RV load carrying capacity label (Figure 1 or 2) may be visibly located on the interior of the forward-most exterior passenger door on the right side of the vehicle. S10.4.4 Permanent and temporary motor home OCCC labels must contain the following information in accordance with Figure 1: (a) The statement: ``MOTOR HOME OCCUPANT AND CARGO CARRYING CAPACITY'' in block letters. (b) The Vehicle Identification Number (VIN). (c) The statement ``THE COMBINED WEIGHT OF OCCUPANTS AND CARGO SHOULD NEVER EXCEED: XXX kg or XXX lbs'' in block letters with appropriate values included. (d) The statement ``Safety belt equipped seating capacity: XXX'' with the appropriate value included. This is the total number of safety belt equipped seating positions. (e) The statement: ``CAUTION: A full load of water equals XXX kg or XXX lbs of cargo @ 1 kg/L (8.3 lb/gal) and the tongue weight of a towed trailer counts as cargo'' with appropriate values included. S10.4.5 Permanent and temporary RV trailer CCC labels must contain the following information in accordance with Figure 2: (a) The statement: ``RECREATION VEHICLE TRAILER CARGO CARRYING CAPACITY'' in block letters. (b) The Vehicle Identification Number (VIN). (c) The statement: ``THE WEIGHT OF CARGO SHOULD NEVER EXCEED: XXX kg or XXX lbs'' in block letters with appropriate values included. (d) The statement: ``CAUTION: A full load of water equals XXX kg or XXX lbs of cargo @ 1 kg/L (8.3 lb/gal)'' with appropriate values included. S10.5 Weight added to motor homes and RV trailers between final vehicle certification and first retail sale of the vehicle. S10.5.1 If weight exceeding 45.4 kg (100 pounds) is added to a motor home or RV trailer between final vehicle certification and first retail sale of the vehicle, the load carrying capacity values on the RV load carrying capacity labels (Figures 1 and 2) required by S10.4 must be corrected using one or a combination of the following methods: (a) Permanently affix the load carrying capacity modification label (Figure 3) which displays the amount the load carrying capacity is reduced to the nearest kilogram with conversion to the nearest pound, within 25 millimeters of the original, permanent RV load carrying capacity label (Figure 1 or 2). The load carrying capacity modification label must be legible, visible, permanent, moisture resistant, presented in the English language, have a minimum print size of 2.4 millimeters (3/32 inches) high and be printed in black print on a yellow background. If the manufacturer selects S10.4.3(b), apply a temporary version of the load carrying capacity modification label (Figure 3) within 25 millimeters of the original, temporary RV load carrying [[Page 579]] capacity label (Figure 1 or 2) on the interior of the forward-most exterior passenger door on the right side of the vehicle. Both temporary and permanent versions of the load carrying capacity modification label (Figure 3) may be printed without values and values may be legibly applied to the label with a black, fine point, indelible marker. The label must contain the statements ``CAUTION--LOAD CARRYING CAPACITY REDUCED'' in block letters and ``Modifications to this vehicle have reduced the original load carrying capacity by XXX kg or XXX lbs'' in accordance with Figure 3 with appropriate values in place of XXX. If two load carrying capacity modification labels are required (one permanent and one temporary), the weight values on each must agree, or (b) Modify the original permanent RV load carrying capacity label (Figure 1 or 2) with correct load carrying capacity weight values. If the manufacturer selects S10.4.3(b), the temporary RV load carrying capacity label (Figure 1 or 2) must also be modified with correct load carrying capacity weight values. Modification of labels requires a machine printed overlay with printed corrected values or blanks for corrected values that may be entered with a black, fine-point, indelible marker. Crossing out old values and entering corrected values on the original label is not permissible, or (c) Replace the original, permanent RV load carrying capacity label (Figure 1 or 2) with the same label containing correct load carrying capacity weight values. If the manufacturer selects S10.4.3(b), the temporary RV load carrying capacity label (Figure 1 or 2) must also be replaced with the same label containing correct load carrying capacity weight values. S10.5.2 Corrected load carrying capacity weight values or the weight amount the load carrying capacity is reduced, must reflect the total weight added between final vehicle certification and first retail sale and must be accurate within one percent of the actual added weight. No re-labeling is required if the weight of the vehicle is reduced between final vehicle certification and the first retail sale. [[Page 580]] [GRAPHIC] [TIFF OMITTED] TR04DE07.044 (Authority: Secs. 102, 119, and 202, Pub. L. 89-563, 80 Stat. 718 (15 U.S.C. 1392, 1407, and 1422); delegation of authority at 49 CFR 1.50) [42 FR 7144, Feb. 7, 1977] Editorial Note: For Federal Register citations affecting Sec. 571.120, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.121 Standard No. 121; Air brake systems. S1. Scope. This standard establishes performance and equipment requirements for braking systems on vehicles equipped with air brake systems. S2. Purpose. The purpose of this standard is to insure safe braking performance under normal and emergency conditions. S3. Application. This standard applies to trucks, buses, and trailers equipped with air brake systems. However, it does not apply to: (a) Any trailer that has a width of more than 102.36 inches with extendable equipment in the fully retracted position and is equipped with two short track axles in a line across the width of the trailer. (b) Any vehicle equipped with an axle that has a gross axle weight rating (GAWR) of 29,000 pounds or more; (c) Any truck or bus that has a speed attainable in 2 miles of not more than 33 mph; (d) Any truck that has a speed attainable in 2 miles of not more than 45 mph, an unloaded vehicle weight that is not less than 95 percent of its gross vehicle weight rating (GVWR), and no capacity to carry occupants other than the driver and operating crew; (e) Any trailer that has a GVWR of more than 120,000 pounds and whose body conforms to that described in the definition of heavy hauler trailer set forth in S4; (f) Any trailer that has an unloaded vehicle weight which is not less than 95 percent of its GVWR; and (g) Any load divider dolly. [[Page 581]] S4. Definitions. Agricultural commodity trailer means a trailer that is designed to transport bulk agricultural commodities in off-road harvesting sites and to a processing plant or storage location, as evidenced by skeletal construction that accommodates harvest containers, a maximum length of 28 feet, and an arrangement of air control lines and reservoirs that minimizes damage in field operations. Air brake system means a system that uses air as a medium for transmitting pressure or force from the driver control to the service brake, including an air-over-hydraulic brake subsystem, but does not include a system that uses compressed air or vacuum only to assist the driver in applying muscular force to hydraulic or mechanical components. Air-over-hydraulic brake subsystem means a subsystem of the air brake system that uses compressed air to transmit a force from the driver control to a hydraulic brake system to actuate the service brakes. Antilock brake system or ABS means a portion of a service brake system that automatically controls the degree of rotational wheel slip during braking by: (1) Sensing the rate of angular rotation of the wheels; (2) Transmitting signals regarding the rate of wheel angular rotation to one or more controlling devices which interpret those signals and generate responsive controlling output signals; and (3) Transmitting those controlling signals to one or more modulators which adjust brake actuating forces in response to those signals. Auto transporter means a truck and a trailer designed for use in combination to transport motor vehicles, in that the towing vehicle is designed to carry cargo at a location other than the fifth wheel and to load this cargo only by means of the towed vehicle. Common diaphragm means a single brake chamber diaphragm which is a component of the parking, emergency, and service brake systems. Container chassis trailer means a semitrailer of skeleton construction limited to a bottom frame, one or more axles, specially built and fitted with locking devices for the transport of intermodal shipping containers, so that when the chassis and container are assembled, the units serve the same function as an over the road trailer. Directly controlled wheel means a wheel for which the degree of rotational wheel slip is sensed, either at that wheel or on the axle shaft for that wheel and corresponding signals are transmitted to one or more modulators that adjust the brake actuating forces at that wheel. Each modulator may also adjust the brake actuating forces at other wheels that are on the same axle or in the same axle set in response to the same signal or signals. Effective projected luminous lens area means that area of the projection on a plane perpendicular to the lamp axis of that portion of the light-emitting surface that directs light to the photometric test pattern, and does not include mounting hole bosses, reflex reflector area, beads or rims that may glow or produce small areas of increased intensity as a result of uncontrolled light from small areas (\1/2\ degree radius around the test point). Full-treadle brake application means a brake application in which the treadle valve pressure in any of the valve's output circuits reaches 85 pounds per square inch (psi) within 0.2 seconds after the application is initiated, or in which maximum treadle travel is achieved within 0.2 seconds after the application is initiated. Heavy hauler trailer means a trailer which has one or more of the following characteristics, but which is not a container chassis trailer: (1) Its brake lines are designed to adapt to separation or extension of the vehicle frame; or (2) Its body consists only of a platform whose primary cargo- carrying surface is not more than 40 inches above the ground in an unloaded condition, except that it may include sides that are designed to be easily removable and a permanent ``front end structure'' as that term is used in Sec. 393.106 of this title. Independently controlled wheel means a directly controlled wheel for which the modulator does not adjust the [[Page 582]] brake actuating forces at any other wheel on the same axle. Indirectly controlled wheel means a wheel at which the degree of rotational wheel slip is not sensed, but at which the modulator of an antilock braking system adjusts its brake actuating forces in response to signals from one or more sensed wheel(s). Initial brake temperature means the average temperature of the service brakes on the hottest axle of the vehicle 0.2 mile before any brake application in the case of road tests, or 18 seconds before any brake application in the case of dynamometer testing. Intermodal shipping container means a reusable, transportable enclosure that is especially designed with integral locking devices for securing the container to the trailer to facilitate the efficient and bulk shipping and transfer of goods by, or between various modes of transport, such as highway, rail, sea and air. Load divider dolly means a trailer composed of a trailer chassis and one or more axles, with no solid bed, body, or container attached, and which is designed exclusively to support a portion of the load on a trailer or truck excluded from all the requirements of this standard. Maximum drive-through speed means the highest possible constant speed at which the vehicle can be driven through 200 feet of a 500-foot radius curve arc without leaving the 12-foot lane. Maximum treadle travel means the distance that the treadle moves from its position when no force is applied to its position when the treadle reaches a full stop. Peak friction coefficient or PFC means the ratio of the maximum value of braking test wheel longitudinal force to the simultaneous vertical force occurring prior to wheel lockup, as the braking torque is progressively increased. Pulpwood trailer means a trailer that is designed exclusively for harvesting logs or pulpwood and constructed with a skeletal frame with no means for attachment of a solid bed, body, or container, and with an arrangement of air control lines and reservoirs designed to minimize damage in off-road operations. Tandem axle means a group or set of two or more axles placed in a close arrangement, one behind the other, with the centerlines of adjacent axles not more than 72 inches apart. Straddle trailer means a trailer that is designed to transport bulk agricultural commodities from the harvesting location as evidenced by a framework that is driven over the cargo and lifting arms that suspend the cargo for transit. Wheel lockup means 100 percent wheel slip. S5. Requirements. Each vehicle shall meet the following requirements under the conditions specified in S6. However, at the option of the manufacturer, the following vehicles may meet the stopping distance requirements specified in Table IIa instead of Table II: Three-axle tractors with a front axle that has a GAWR of 14,600 pounds or less, and with two rear drive axles that have a combined GAWR of 45,000 pounds or less, that are manufactured before August 1, 2011; and all other tractors that are manufactured before August 1, 2013. S5.1 Required equipment for trucks and buses. Each truck and bus shall have the following equipment: S5.1.1 Air compressor. An air compressor of sufficient capacity to increase air pressure in the supply and service reservoirs from 85 psi to 100 psi when the engine is operating at the vehicle manufacturer's maximum recommended r.p.m. within a time, in seconds, determined by the quotient (Actual reservoir capacity x 25)/Required reservoir capacity. S5.1.1.1 Air compressor cut-in pressure. The air compressor governor cut-in pressure for each bus shall be 85 p.s.i. or greater. The air compressor governor cut-in pressure for each truck shall be 100 p.s.i. or greater. S5.1.2 Reservoirs. One or more service reservoir systems, from which air is delivered to the brake chambers, and either an automatic condensate drain valve for each service reservoir or a supply reservoir between the service reservoir system and the source of air pressure. S5.1.2.1 The combined volume of all service reservoirs and supply reservoirs [[Page 583]] shall be at least 12 times the combined volume of all service brake chambers. For each brake chamber type having a full stroke at least as great as the first number in Column 1 of Table V, but no more than the second number in Column 1 of Table V, the volume of each brake chamber for purposes of calculating the required combined service and supply reservoir volume shall be either that specified in Column 2 of Table V or the actual volume of the brake chamber at maximum travel of the brake piston or pushrod, whichever is lower. The volume of a brake chamber not listed in Table V is the volume of the brake chamber at maximum travel of the brake piston or pushrod. The reservoirs of the truck portion of an auto transporter need not meet this requirement for reservoir volume. S5.1.2.2 Each reservoir shall be capable of withstanding an internal hydrostatic pressure of five times the compressor cutout pressure or 500 psi, whichever is greater, for 10 minutes. S5.1.2.3 Each service reservoir system shall be protected against loss of air pressure due to failure or leakage in the system between the service reservoir and the source of air pressure, by check valves or equivalent devices whose proper functioning can be checked without disconnecting any air line or fitting. S5.1.2.4 Each reservoir shall have a condensate drain valve that can be manually operated. S5.1.3 Towing vehicle protection system. If the vehicle is intended to tow another vehicle equipped with air brakes, a system to protect the air pressure in the towing vehicle from the effects of a loss of air pressure in the towed vehicle. S5.1.4 Pressure gauge. A pressure gauge in each service brake system, readily visible to a person seated in the normal driving position, that indicates the service reservoir system air pressure. The accuracy of the gauge shall be within plus or minus 7 percent of the compressor cut-out pressure. S5.1.5 Warning signal. A signal, other than a pressure gauge, that gives a continuous warning to a person in the normal driving position when the ignition is in the ``on'' (``run'') position and the air pressure in the service reservoir system is below 60 psi. The signal shall be either visible within the driver's forward field of view, or both audible and visible. S5.1.6 Antilock brake system. S5.1.6.1(a) Each single-unit vehicle manufactured on or after March 1, 1998, shall be equipped with an antilock brake system that directly controls the wheels of at least one front axle and the wheels of at least one rear axle of the vehicle. Wheels on other axles of the vehicle may be indirectly controlled by the antilock brake system. (b) Each truck tractor manufactured on or after March 1, 1997, shall be equipped with an antilock brake system that directly controls the wheels of at least one front axle and the wheels of at least one rear axle of the vehicle, with the wheels of at least one axle being independently controlled. Wheels on other axles of the vehicle may be indirectly controlled by the antilock brake system. A truck tractor shall have no more than three wheels controlled by one modulator. S5.1.6.2 Antilock malfunction signal and circuit. (a) Each truck tractor manufactured on or after March 1, 1997, and each single unit vehicle manufactured on or after March 1, 1998, shall be equipped with an indicator lamp, mounted in front of and in clear view of the driver, which is activated whenever there is a malfunction that affects the generation or transmission of response or control signals in the vehicle's antilock brake system. The indicator lamp shall remain activated as long as such a malfunction exists, whenever the ignition (start) switch is in the ``on'' (``run'') position, whether or not the engine is running. Each message about the existence of such a malfunction shall be stored in the antilock brake system after the ignition switch is turned to the ``off'' position and automatically reactivated when the ignition switch is again turned to the ``on'' (``run'') position. The indicator lamp shall also be activated as a check of lamp function whenever the ignition is turned to the ``on'' (``run'') position. The indicator lamp shall be deactivated at the end of the check of lamp function unless there is a malfunction or a message about a malfunction that [[Page 584]] existed when the key switch was last turned to the ``off'' position. (b) Each truck tractor manufactured on or after March 1, 2001, and each single unit vehicle manufactured on or after March 1, 2001, that is equipped to tow another air-braked vehicle, shall be equipped with an electrical circuit that is capable of transmitting a malfunction signal from the antilock brake system(s) on one or more towed vehicle(s) (e.g., trailer(s) and dolly(ies)) to the trailer ABS malfunction lamp in the cab of the towing vehicle, and shall have the means for connection of this electrical circuit to the towed vehicle. Each such truck tractor and single unit vehicle shall also be equipped with an indicator lamp, separate from the lamp required in S5.1.6.2(a), mounted in front of and in clear view of the driver, which is activated whenever the malfunction signal circuit described above receives a signal indicating an ABS malfunction on one or more towed vehicle(s). The indicator lamp shall remain activated as long as an ABS malfunction signal from one or more towed vehicle(s) is present, whenever the ignition (start) switch is in the ``on'' (``run'') position, whether or not the engine is running. The indicator lamp shall also be activated as a check of lamp function whenever the ignition is turned to the ``on'' (``run'') position. The indicator lamp shall be deactivated at the end of the check of lamp function unless a trailer ABS malfunction signal is present. (c) [Reserved] S5.1.6.3 Antilock power circuit for towed vehicles. Each truck tractor manufactured on or after March 1, 1997, and each single unit vehicle manufactured on or after March 1, 1998, that is equipped to tow another air-braked vehicle shall be equipped with one or more electrical circuits that provide continuous power to the antilock system on the towed vehicle or vehicles whenever the ignition (start) switch is in the ``on'' (``run'') position. Such a circuit shall be adequate to enable the antilock system on each towed vehicle to be fully operable. S5.1.7 Service brake stop lamp switch. A switch that lights the stop lamps when the service brake control is statically depressed to a point that produces a pressure of 6 psi or less in the service brake chambers. S5.1.8 Brake distribution and automatic adjustment. Each vehicle shall be equipped with a service brake system acting on all wheels. (a) Brake adjuster. Wear of the service brakes shall be compensated for by means of a system of automatic adjustment. When inspected pursuant to S5.9, the adjustment of the service brakes shall be within the limits recommended by the vehicle manufacturer. (b) Brake indicator. For each brake equipped with an external automatic adjustment mechanism and having an exposed pushrod, the condition of service brake under-adjustment shall be displayed by a brake adjustment indicator that is discernible when viewed with 20/40 vision from a location adjacent to or underneath the vehicle, when inspected pursuant to S5.9. S5.2 Required equipment for trailers. Each trailer shall have the following equipment: S5.2.1 Reservoirs. One or more reservoirs to which the air is delivered from the towing vehicle. S5.2.1.1 The total volume of each service reservoir shall be at least eight times the combined volume of all service brake chambers serviced by that reservoir. For each brake chamber type having a full stroke at least as great as the first number in Column 1 of Table V, but no more than the second number in column 1, the volume of each brake chamber for purposes of calculating the required total service reservoir volume shall be either the number specified in Column 2 of Table V or the actual volume of the brake chamber at maximum travel of the brake piston or pushrod, whichever is lower. The volume of a brake chamber not listed in Table V is the volume of the brake chamber at maximum travel of the brake piston or pushrod. The reservoirs on a heavy hauler trailer and the trailer portion of an auto transporter need not meet this requirement for reservoir volume. S5.2.1.2 Each reservoir shall be capable of withstanding an internal hydrostatic pressure of 500 psi for 10 minutes. S5.2.1.3 Each reservoir shall have a condensate drain valve that can be manually operated. [[Page 585]] S5.2.1.4 Each service reservoir shall be protected against loss of air pressure due to failure or leakage in the system between the service reservoir and its source of air pressure by check valves or equivalent devices. S5.2.2 Brake distribution and automatic adjustment. Each vehicle shall be equipped with a service brake system acting on all wheels. (a) Brake adjuster. Wear of the service brakes shall be compensated for by means of a system of automatic adjustment. When inspected pursuant to S5.9, the adjustment of the service brakes shall be within the limits recommended by the vehicle manufacturer. (b) Brake indicator. For each brake equipped with an external automatic adjustment mechanism and having an exposed pushrod, the condition of service brake under-adjustment shall be displayed by a brake adjustment indicator in a manner that is discernible when viewed with 20/40 vision from a location adjacent to or underneath the vehicle, when inspected pursuant to S5.9. S5.2.3 Antilock brake system. S5.2.3.1(a) Each semitrailer (including a trailer converter dolly) manufactured on or after March 1, 1998, shall be equipped with an antilock brake system that directly controls the wheels of at least one axle of the vehicle. Wheels on other axles of the vehicle may be indirectly controlled by the antilock brake system. (b) Each full trailer manufactured on or after March 1, 1998, shall be equipped with an antilock brake system that directly controls the wheels of at least one front axle of the vehicle and at least one rear axle of the vehicle. Wheels on other axles of the vehicle may be indirectly controlled by the antilock brake system. S5.2.3.2 Antilock malfunction signal. Each trailer (including a trailer converter dolly) manufactured on or after March 1, 2001, that is equipped with an antilock brake system shall be equipped with an electrical circuit that is capable of signaling a malfunction in the trailer's antilock brake system, and shall have the means for connection of this antilock brake system malfunction signal circuit to the towing vehicle. The electrical circuit need not be separate or dedicated exclusively to this malfunction signaling function. The signal shall be present whenever there is a malfunction that affects the generation or transmission of response or control signals in the trailer's antilock brake system. The signal shall remain present as long as the malfunction exists, whenever power is supplied to the antilock brake system. Each message about the existence of such a malfunction shall be stored in the antilock brake system whenever power is no longer supplied to the system, and the malfunction signal shall be automatically reactivated whenever power is again supplied to the trailer's antilock brake system. In addition, each trailer manufactured on or after March 1, 2001, that is designed to tow other air-brake equipped trailers shall be capable of transmitting a malfunction signal from the antilock brake systems of additional trailers it tows to the vehicle towing it. S5.2.3.3 Antilock malfunction indicator. (a) In addition to the requirements of S5.2.3.2, each trailer and trailer converter dolly shall be equipped with an external antilock malfunction indicator lamp that meets the requirements of S5.2.3.3 (b) through (d). (b)(1) The lamp shall be designed to conform to the performance requirements of SAE Recommended Practice J592 JUN92 (incorporated by reference, see Sec. 571.5), or SAE Recommended Practice J592e (1972) (incorporated by reference, see Sec. 571.5), for combination, clearance, and side marker lamps, which are marked with a ``PC'' or ``P2'' on the lens or housing, in accordance with SAE Recommended Practice J759 JAN95 (incorporated by reference, see Sec. 571.5). (2) The color of the lamp shall be yellow. (3) The letters ``ABS'' shall be permanently molded, stamped, or otherwise marked or labeled in letters not less than 10 mm (0.4 inches) high on the lamp lens or its housing to identify the function of the lamp. Alternatively, the letters ``ABS'' may be painted on the trailer body or dolly or a plaque with the letters ``ABS'' may be affixed to the trailer body or converter dolly; [[Page 586]] the letters ``ABS'' shall be not less than 25 mm (1 inch) high. A portion of one of the letters in the alternative identification shall be not more than 150 mm (5.9 inches) from the edge of the lamp lens. (c) Location requirements. (1) Each trailer that is not a trailer converter dolly shall be equipped with a lamp mounted on a permanent structure on the left side of the trailer as viewed from the rear, no closer than 150 mm (5.9 inches), and no farther than 600 mm (23.6 inches) from the red rear side marker lamp, when measured between the closest edge of the effective projected luminous lens area of each lamp. (2) Each trailer converter dolly shall be equipped with a lamp mounted on a permanent structure of the dolly so that the lamp is not less than 375 mm (14.8 inches) above the road surface when measured from the center of the lamp with the dolly at curb weight. When a person, standing 3 meters (9.8 feet) from the lamp, views the lamp from a perspective perpendicular to the vehicle's centerline, no portion of the lamp shall be obscured by any structure on the dolly. (3) Each trailer that is not a trailer converter dolly and on which the malfunction indicator lamp cannot be placed within the location specified in S5.2.3.3(c)(1) shall be equipped with a lamp mounted on a permanent structure on the left side of the trailer as viewed from the rear, near the red rear side marker lamp or on the front face of the left rear fender of a trailer equipped with fenders. (d) The lamp shall be illuminated whenever power is supplied to the antilock brake system and there is a malfunction that affects the generation or transmission of response or control signals in the trailer's antilock brake system. The lamp shall remain illuminated as long as such a malfunction exists and power is supplied to the antilock brake system. Each message about the existence of such a malfunction shall be stored in the antilock brake system whenever power is no longer supplied to the system. The lamp shall be automatically reactivated when power is again supplied to the trailer's antilock brake system. The lamp shall also be activated as a check of lamp function whenever power is first supplied to the antilock brake system and the vehicle is stationary. The lamp shall be deactivated at the end of the check of lamp function, unless there is a malfunction or a message about a malfunction that existed when power was last supplied to the antilock brake system. S5.3 Service brakes--road tests. The service brake system on each truck tractor shall, under the conditions of S6, meet the requirements of S5.3.1, S5.3.3, S5.3.4, and S5.3.6, when tested without adjustments other than those specified in this standard. The service brake system on each bus and truck (other than a truck tractor shall) manufactured before July 1, 2005 and each bus and truck (other than a truck tractor) manufactured in two or more stages shall, under the conditions of S6, meet the requirements of S5.3.1, S5.3.3, and S5.3.4 when tested without adjustments other than those specified in this standard. The service brake system on each bus and truck (other than a truck tractor) manufactured on or after July 1, 2005 and each bus and truck (other than a truck tractor) manufactured in two or more stages on or after July 1, 2006 shall, under the conditions of S6, meet the requirements of S5.3.1, S5.3.3, S5.3.4, and S5.3.6, when tested without adjustments other than those specified in this standard. The service brake system on each trailer shall, under the conditions of S6, meet the requirements of S5.3.3, S5.3.4, and S5.3.5 when tested without adjustments other than those specified in this standard. However, a heavy hauler trailer and the truck and trailer portions of an auto transporter need not met the requirements of S5.3. S5.3.1 Stopping distance--trucks and buses. When stopped six times for each combination of vehicle type, weight, and speed specified in S5.3.1.1, in the sequence specified in Table I, each truck tractor manufactured on or after March 1, 1997, and each single unit vehicle manufactured on or after March 1, 1998, shall stop at least once in not more than the distance specified in Table II, measured from the point at which movement of the service brake control begins, without any part of the [[Page 587]] vehicle leaving the roadway, and with wheel lockup permitted only as follows: (a) At vehicle speeds above 20 mph, any wheel on a nonsteerable axle other than the two rearmost nonliftable, nonsteerable axles may lock up, for any duration. The wheels on the two rearmost nonliftable, nonsteerable axles may lock up according to S5.3.1(b). (b) At vehicle speeds above 20 mph, one wheel on any axle or two wheels on any tandem may lock up for any duration. (c) At vehicle speeds above 20 mph, any wheel not permitted to lock in S5.3.1 (a) or (b) may lock up repeatedly, with each lockup occurring for a duration of one second or less. (d) At vehicle speeds of 20 mph or less, any wheel may lock up for any duration. S5.3.1.1 Stop the vehicle from 60 mph on a surface with a peak friction coefficient of 1.02 with the vehicle loaded as follows: (a) Loaded to its GVWR so that the load on each axle, measured at the tire-ground interface, is most nearly proportional to the axles' respective GAWRs, without exceeding the GAWR of any axle. (b) In the truck tractor only configuration plus up to 500 lbs. or, at the manufacturer's option, at its unloaded weight plus up to 500 lbs. (including driver and instrumentation) and plus not more than an additional 1,000 lbs. for a roll bar structure on the vehicle, and (c) At its unloaded vehicle weight (except for truck tractors) plus up to 500 lbs. (including driver and instrumentation) or, at the manufacturer's option, at its unloaded weight plus up to 500 lbs. (including driver and instrumentation) plus not more than an additional 1,000 lbs. for a roll bar structure on the vehicle. If the speed attainable in two miles is less than 60 mph, the vehicle shall stop from a speed in Table II that is four to eight mph less than the speed attainable in two miles. S5.3.2 [Reserved] S5.3.3 Brake actuation time. Each service brake system shall meet the requirements of S5.3.3.1 (a) and (b). S5.3.3.1(a) With an initial service reservoir system air pressure of 100 psi, the air pressure in each brake chamber shall, when measured from the first movement of the service brake control, reach 60 psi in not more than 0.45 second in the case of trucks and buses, 0.50 second in the case of trailers, other than trailer converter dollies, designed to tow another vehicle equipped with air brakes, 0.55 second in the case of trailer converter dollies, and 0.60 second in the case of trailers other than trailers designed to tow another vehicle equipped with air brakes. A vehicle designed to tow another vehicle equipped with air brakes shall meet the above actuation time requirement with a 50-cubic- inch test reservoir connected to the control line output coupling. A trailer, including a trailer converter dolly, shall meet the above actuation time requirement with its control line input coupling connected to the test rig shown in Figure 1. (b) For a vehicle that is designed to tow another vehicle equipped with air brakes, the pressure in the 50-cubic-inch test reservoir referred to in S5.3.3.1(a) shall, when measured from the first movement of the service brake control, reach 60 psi not later than the time the fastest brake chamber on the vehicle reaches 60 psi or, at the option of the manufacturer, in not more than 0.35 second in the case of trucks and buses, 0.55 second in the case of trailer converter dollies, and 0.50 second in the case of trailers other than trailer converter dollies. S5.3.4 Brake release time. Each service brake system shall meet the requirements of S5.3.4.1 (a) and (b). S5.3.4.1(a) With an initial service brake chamber air pressure of 95 psi, the air pressure in each brake chamber shall, when measured from the first movement of the service brake control, fall to 5 psi in not more than 0.55 second in the case of trucks and buses; 1.00 second in the case of trailers, other than trailer converter dollies, designed to tow another vehicle equipped with air brakes; 1.10 seconds in the case of trailer converter dollies; and 1.20 seconds in the case of trailers other than trailers designed to tow another vehicle equipped with air brakes. A vehicle designated to tow another vehicle [[Page 588]] equipped with air brakes shall meet the above release time requirement with a 50-cubic-inch test reservoir connected to the control line output coupling. A trailer, including a trailer converter dolly, shall meet the above release time requirement with its control line input coupling connected to the test rig shown in Figure 1. (b) For vehicles designed to tow another vehicle equipped with air brakes, the pressure in the 50-cubic-inch test reservoir referred to in S5.3.4.1(a) shall, when measured from the first movement of the service brake control, fall to 5 psi in not more than 0.75 seconds in the case of trucks and buses, 1.10 seconds in the case of trailer converter dollies, and 1.00 seconds in the case of trailers other than trailer converter dollies. S5.3.5 Control signal pressure differential--converter dollies and trailers designed to tow another vehicle equipped with air brakes. (a) For a trailer designed to tow another vehicle equipped with air brakes, the pressure differential between the control line input coupling and a 50-cubic-inch test reservoir attached to the control line output coupling shall not exceed the values specified in S5.3.5(a) (1), (2), and (3) under the conditions specified in S5.3.5(b) (1) through (4): (1) 1 psi at all input pressures equal to or greater than 5 psi, but not greater than 20 psi; (2) 2 psi at all input pressures equal to or greater than 20 psi but not greater than 40 psi; and (3) Not more than a 5-percent differential at any input pressure equal to or greater than 40 psi. (b) The requirements in S5.3.5(a) shall be met-- (1) When the pressure at the input coupling is steady, increasing or decreasing; (2) When air is applied to or released from the control line input coupling using the trailer test rig shown in Figure 1; (3) With a fixed orifice consisting of a 0.0180 inch diameter hole (no. 77 drill bit) in a 0.032 inch thick disc installed in the control line between the trailer test rig coupling and the vehicle's control line input coupling; and (4) Operating the trailer test rig in the same manner and under the same conditions as it is operated during testing to measure brake actuation and release times, as specified in S5.3.3 and S5.3.4, except for the installation of the orifice in the control line to restrict airflow rate. S5.3.6 Stability and control during braking--trucks and buses. When stopped four consecutive times for each combination of weight, speed, and road conditions specified in S5.3.6.1 and S5.3.6.2, each truck tractor shall stop at least three times within the 12-foot lane, without any part of the vehicle leaving the roadway. When stopped four consecutive times for each combination of weight, speed, and road conditions specified in S5.3.6.1 and S5.3.6.2, each bus and truck (other than a truck tractor) manufactured on or after July 1, 2005, and each bus and truck (other than a truck tractor) manufactured in two or more stages on or after July 1, 2006, shall stop at least three times within the 12-foot lane, without any part of the vehicle leaving the roadway. S5.3.6.1 Using a full-treadle brake application for the duration of the stop, stop the vehicle from 30 mph or 75 percent of the maximum drive-through speed, whichever is less, on a 500-foot radius curved roadway with a wet level surface having a peak friction coefficient of 0.55 when measured on a straight or curved section of the curved roadway using an ASTM F2493 standard reference tire, in accordance with ASTM E1337-19 (incorporated by reference, see Sec. 571.5), at a speed of 40 mph, with water delivery. S5.3.6.2 Stop the vehicle, with the vehicle: (a) Loaded to its GVWR, for a truck tractor, and (b) At its unloaded weight plus up to 500 pounds (including driver and instrumentation), or at the manufacturer's option, at its unloaded weight plus up to 500 pounds (including driver and instrumentation) and plus not more than an additional 1000 pounds for a roll bar structure on the vehicle, for a truck, bus, or truck tractor. S5.4 Service brake system--dynamometer tests. When tested without prior road testing, under the conditions of [[Page 589]] S6.2, each brake assembly shall meet the requirements of S5.4.1, S5.4.2, and S5.4.3 when tested in sequence and without adjustments other than those specified in the standard. For purposes of the requirements of S5.4.2 and S5.4.3, an average deceleration rate is the change in velocity divided by the deceleration time measured from the onset of deceleration. S5.4.1 Brake retardation force. The sum of the retardation forces exerted by the brakes on each vehicle designed to be towed by another vehicle equipped with air brakes shall be such that the quotient sum of the brake retardation forces / sum of GAWR's relative to brake chamber air pressure, and shall have values not less than those shown in Column 1 of Table III. Retardation force shall be determined as follows: S5.4.1.1 After burnishing the brake pursuant to S6.2.6, retain the brake assembly on the inertia dynamometer. With an initial brake temperature between 125 [deg]F. and 200 [deg]F., conduct a stop from 50 m.p.h., maintaining brake chamber air pressure at a constant 20 psi. Measure the average torque exerted by the brake from the time the specified air pressure is reached until the brake stops and divide by the static loaded tire radius specified by the tire manufacturer to determine the retardation force. Repeat the procedure six times, increasing the brake chamber air pressure by 10 psi each time. After each stop, rotate the brake drum or disc until the temperature of the brake falls to between 125 [deg]F. and 200 [deg]F. S5.4.2 Brake power. When mounted on an inertia dynamometer, each brake shall be capable of making 10 consecutive decelerations at an average rate of 9 f.p.s.p.s. from 50 m.p.h. to 15 m.p.h., at equal intervals of 72 seconds, and shall be capable of decelerating to a stop from 20 m.p.h. at an average deceleration rate of 14 f.p.s.p.s. 1 minute after the 10th deceleration. The series of decelerations shall be conducted as follows: S5.4.2.1 With an initial brake temperature between 150 [deg]F. and 200 [deg]F. for the first brake application, and the drum or disc rotating at a speed equivalent to 50 m.p.h., apply the brake and decelerate at an average deceleration rate of 9 f.p.s.p.s. to 15 m.p.h. Upon reaching 15 m.p.h., accelerate to 50 m.p.h. and apply the brake for a second time 72 seconds after the start of the first application. Repeat the cycle until 10 decelerations have been made. The service line air pressure shall not exceed 100 psi during any deceleration. S5.4.2.2 One minute after the end of the last deceleration required by S5.4.2.1 and with the drum or disc rotating at a speed of 20 m.p.h., decelerate to a stop at an average deceleration rate of 14 f.p.s.p.s. S5.4.3 Brake recovery. Except as provided in S5.4.3(a) and (b), starting two minutes after completing the tests required by S5.4.2, a vehicle's brake shall be capable of making 20 consecutive stops from 30 mph at an average deceleration rate of 12 f.p.s.p.s., at equal intervals of one minute measured from the start of each brake application. The service line air pressure needed to attain a rate of 12 f.p.s.p.s. shall be not more than 85 lb/in\2\, and not less than 20lb/in\2\ for a brake not subject to the control of an antilock system, or 12 lb/in\2\ for a brake subject to the control of an antilock system. (a) Notwithstanding S5.4.3, neither front axle brake of a truck- tractor is subject to the requirements set forth in S5.4.3. (b) Notwithstanding S5.4.3, neither front axle brake of a bus or a truck other than a truck-tractor is subject to the requirement set forth in S5.4.3 prohibiting the service line air pressure from being less than 20 lb/in\2\ for a brake not subject to the control of an antilock system or 12 lb/in\2\ for a brake subject to the control of an antilock system. S5.5 Antilock system. S5.5.1 Antilock system malfunction. On a truck tractor manufactured on or after March 1, 1997, that is equipped with an antilock brake system and a single unit vehicle manufactured on or after March 1, 1998, that is equipped with an antilock brake system, a malfunction that affects the generation or transmission of response or control signals of any part of the antilock system shall not increase the actuation and release times of the service brakes. [[Page 590]] S5.5.2 Antilock system power--trailers. On a trailer (including a trailer converter dolly) manufactured on or after March 1, 1998, that is equipped with an antilock system that requires electrical power for operation, the power shall be obtained from the towing vehicle through one or more electrical circuits which provide continuous power whenever the powered vehicle's ignition (start) switch is in the ``on'' (``run'') position. The antilock system shall automatically receive power from the stoplamp circuit, if the primary circuit or circuits are not functioning. Each trailer (including a trailer converter dolly) manufactured on or after March 1, 1998, that is equipped to tow another air-braked vehicle shall be equipped with one or more circuits which provide continuous power to the antilock system on the vehicle(s) it tows. Such circuits shall be adequate to enable the antilock system on each towed vehicle to be fully operable. S5.6 Parking brakes. (a) Except as provided in S5.6(b) and S5.6(c), each vehicle other than a trailer converter dolly shall have a parking brake system that under the conditions of S6.1 meets the requirements of: (1) S5.6.1 or S5.6.2, at the manufacturer's option, and (2) S5.6.3, S5.6.4, S5.6.5, and S5.6.6. (b) At the option of the manufacturer, for vehicles equipped with brake systems which incorporate a common diaphragm, the performance requirements specified in S5.6(a) which must be met with any single leakage-type failure in a common diaphragm may instead be met with the level of leakage-type failure determined in S5.6.7. The election of this option does not affect the performance requirements specified in S5.6(a) which apply with single leakage-type failures other than failures in a common diaphragm. (c) At the option of the manufacturer, the trailer portion of any agricultural commodity trailer, heavy hauler trailer, or pulpwood trailer may meet the requirements of Sec. 393.43 of this title instead of the requirements of S5.6(a). S5.6.1 Static retardation force. With all other brakes made inoperative, during a static drawbar pull in a forward or rearward direction, the static retardation force produced by the application of the parking brakes shall be: (a) In the case of a vehicle other than a truck-tractor that is equipped with more than two axles, such that the quotient static retardation force/GAWR is not less than 0.28 for any axle other than a steerable front axle; and (b) In the case of a truck-tractor that is equipped with more than two axles, such that the quotient static retardation force/GVWR is not less than 0.14. S5.6.2 Grade holding. With all parking brakes applied, the vehicle shall remain stationary facing uphill and facing downhill on a smooth, dry portland cement concrete roadway with a 20-percent grade, both (a) When loaded to its GVWR, and (b) At its unloaded vehicle weight plus 1500 pounds (including driver and instrumentation and roll bar). S5.6.3 Application and holding. Each parking brake system shall meet the requirements of S5.6.3.1 through S5.6.3.4. S5.6.3.1 The parking brake system shall be capable of achieving the minimum performance specified either in S5.6.1 or S5.6.2 with any single leakage-type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (excluding failure of a component of a brake chamber housing but including failure of any brake chamber diaphragm that is part of any other brake system including a diaphragm which is common to the parking brake system and any other brake system), when the pressures in the vehicle's parking brake chambers are at the levels determined in S5.6.3.4. S5.6.3.2 A mechanical means shall be provided that, after a parking brake application is made with the pressures in the vehicle's parking brake chambers at the levels determined in S5.6.3.4, and all air and fluid pressures in the vehicle's braking systems are then bled down to zero, and without using electrical power, holds the parking brake application with sufficient parking retardation force to meet the minimum performance specified in S5.6.3.1 and in either S5.6.1 or S5.6.2. S5.6.3.3 For trucks and buses, with an initial reservoir system pressure of 100 psi and, if designed to tow a vehicle [[Page 591]] equipped with air brakes, with a 50 cubic inch test reservoir connected to the supply line coupling, no later than three seconds from the time of actuation of the parking brake control, the mechanical means referred to in S5.6.3.2 shall be actuated. For trailers, with the supply line initially pressurized to 100 psi using the supply line portion of the trailer test rig (Figure 1) and, if designed to tow a vehicle equipped with air brakes, with a 50 cubic inch test reservoir connected to the rear supply line coupling, no later than three seconds from the time venting to the atmosphere of the front supply line coupling is initiated, the mechanical means referred to in S5.6.3.2 shall be actuated. This requirement shall be met for trucks, buses and trailers both with and without any single leakage-type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1). S5.6.3.4 The parking brake chamber pressures for S5.6.3.1 and S5.6.3.2 are determined as follows. For trucks and buses, with an initial reservoir system pressure of 100 psi and, if designed to tow a vehicle equipped with air brakes, with a 50 cubic inch test reservoir connected to the supply line coupling, any single leakage type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1), is introduced in the brake system. The parking brake control is actuated and the pressures in the vehicle's parking brake chambers are measured three seconds after that actuation is initiated. For trailers, with the supply line initially pressurized to 100 psi using the supply line portion of the trailer test rig (Figure 1) and, if designed to tow a vehicle equipped with air brakes, with a 50 cubic inch test reservoir connected to the rear supply line coupling, any single leakage type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1), is introduced in the brake system. The front supply line coupling is vented to the atmosphere and the pressures in the vehicle's parking brake chambers are measured three seconds after that venting is initiated. S5.6.4 Parking brake control--trucks and buses. The parking brake control shall be separate from the service brake control. It shall be operable by a person seated in the normal driving position. The control shall be identified in a manner that specifies the method of control operation. The parking brake control shall control the parking brakes of the vehicle and of any air braked vehicle that it is designed to tow. S5.6.5 Release Performance. Each parking brake system shall meet the requirements specified in S5.6.5.1 through S5.6.5.4. S5.6.5.1 For trucks and buses, with initial conditions as specified in S5.6.5.2, at all times after an application actuation of the parking brake control, and with any subsequent level of pressure, or combination of levels of pressure, in the reservoirs of any of the vehicle's brake systems, no reduction in parking brake retardation force shall result from a release actuation of the parking brake control unless the parking brakes are capable, after such release, of being reapplied at a level meeting the minimum performance specified either in S5.6.1 or S5.6.2. This requirement shall be met both with and without the engine on, and with and without single leakage-type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1). S5.6.5.2 The initial conditions for S5.6.5.1 are as follows: The reservoir system pressure is 100 psi. If the vehicle is designed to tow a vehicle equipped with air brakes, a 50 cubic inch test reservoir is connected to the supply line coupling. S5.6.5.3 For trailers, with initial conditions as specified in S5.6.5.4, at all times after actuation of the parking brakes by venting the front supply line coupling to the atmosphere, and with any subsequent level of pressure, or combination of levels of pressure, in the reservoirs of any of the vehicle's brake systems, the parking brakes [[Page 592]] shall not be releasable by repressurizing the supply line using the supply line portion of the trailer test rig (Figure 1) to any pressure above 70 psi, unless the parking brakes are capable, after such release, of reapplication by subsequent venting of the front supply line coupling to the atmosphere, at a level meeting the minimum performance specified either in S5.6.1 or S5.6.2. This requirement shall be met both with and without any single leakage-type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1). S5.6.5.4 The initial conditions for S5.6.5.3 are as follows: The reservoir system and supply line are pressurized to 100 psi, using the supply line portion of the trailer test rig (Figure 1). If the vehicle is designed to tow a vehicle equipped with air brakes, a 50 cubic inch test reservoir is connected to the rear supply line coupling. S5.6.6 Accumulation of actuation energy. Each parking brake system shall meet the requirements specified in S5.6.6.1 through S5.6.6.6. S5.6.6.1 For trucks and buses, with initial conditions as specified in S5.6.6.2, the parking brake system shall be capable of meeting the minimum performance specified either in S5.6.1 or S5.6.2, with any single leakage-type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1) at the conclusion of the test sequence specified in S5.6.6.3. S5.6.6.2 The initial conditions for S5.6.6.1 are as follows: The engine is on. The reservoir system pressure is 100 psi. If the vehicle is designed to tow a vehicle equipped with air brakes, a 50 cubic inch test reservoir is connected to the supply line coupling. S5.6.6.3 The test sequence for S5.6.6.1 is as follows: The engine is turned off. Any single leakage type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1), is then introduced in the brake system. An application actuation of the parking brake control is then made. Thirty seconds after such actuation, a release actuation of the parking brake control is made. Thirty seconds after the release actuation, a final application actuation of the parking brake control is made. S5.6.6.4 For trailers, with initial conditions as specified in S5.6.6.5, the parking brake system shall be capable of meeting the minimum performance specified either in S5.6.1 or S5.6.2, with any single leakage-type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1), at the conclusion of the test sequence specified in S5.6.6.6. S5.6.6.5 The initial conditions for S5.6.6.4 are as follows: The reservoir system and supply line are pressurized to 100 psi, using the supply line portion of the trailer test rig (Figure 1). If the vehicle is designed to tow a vehicle equipped with air brakes, a 50 cubic inch test reservoir is connected to the rear supply line coupling. S5.6.6.6 The test sequence for S5.6.6.4 is as follows. Any single leakage type failure, in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1), is introduced in the brake system. The front supply line coupling is vented to the atmosphere. Thirty seconds after the initiation of such venting, the supply line is repressurized with the trailer test rig (Figure 1). Thirty seconds after the initiation of such repressurizing of the supply line, the front supply line is vented to the atmosphere. This procedure is conducted either by connection and disconnection of the supply line coupling or by use of a valve installed in the supply line portion of the trailer test rig near the supply line coupling. S5.6.7 Maximum level of common diaphragm leakage-type failure/ Equivalent level of leakage from the air chamber containing that diaphragm. In the case of vehicles for which the option in S5.6(b) has been elected, determine the maximum level of common diaphragm leakage- type failure (or equivalent level of leakage from the air chamber containing that diaphragm) according [[Page 593]] to the procedures set forth in S5.6.7.1 through S5.6.7.2.3. S5.6.7.1 Trucks and buses. S5.6.7.1.1 According to the following procedure, determine the threshold level of common diaphragm leakage-type failure (or equivalent level of leakage from the air chamber containing that diaphragm) at which the vehicle's parking brakes become unreleasable. With an initial reservoir system pressure of 100 psi, the engine turned off, no application of any of the vehicle's brakes, and, if the vehicle is designed to tow a vehicle equipped with air brakes, a 50 cubic inch test reservoir connected to the supply line coupling, introduce a leakage- type failure of the common diaphragm (or equivalent leakage from the air chamber containing that diaphragm). Apply the parking brakes by making an application actuation of the parking brake control. Reduce the pressures in all of the vehicle's reservoirs to zero, turn on the engine and allow it to idle, and allow the pressures in the vehicle's reservoirs to rise until they stabilize or until the compressor shut-off point is reached. At that time, make a release actuation of the parking brake control, and determine whether all of the mechanical means referred to in S5.6.3.2 continue to be actuated and hold the parking brake applications with sufficient parking retardation force to meet the minimum performance specified in either S5.6.1 or S5.6.2. Repeat this procedure with progressively decreasing or increasing levels (whichever is applicable) of leakage-type diaphragm failures or equivalent leakages, to determine the minimum level of common diaphragm leakage- type failure (or equivalent level of leakage from the air chamber containing that diaphragm) at which all of the mechanical means referred to in S5.6.3.2 continue to be actuated and hold the parking brake applications with sufficient parking retardation forces to meet the minimum performance specified in either S5.6.1 or S5.6.2. S5.6.7.1.2 At the level of common diaphragm leakage-type failure (or equivalent level of leakage from the air chamber containing that diaphragm) determined in S5.6.7.1.1, and using the following procedure, determine the threshold maximum reservoir rate (in psi per minute). With an initial reservoir system pressure of 100 psi, the engine turned off, no application of any of the vehicle's brakes and, if the vehicle is designed to tow a vehicle equipped with air brakes, a 50 cubic inch test reservoir connected to the supply line coupling, make an application actuation of the parking brake control. Determine the maximum reservoir leakage rate (in psi per minute), which is the maximum rate of decrease in air pressure of any of the vehicle's reservoirs that results after that parking brake application. S5.6.7.1.3 Using the following procedure, introduce a leakage-type failure of the common diaphragm (or equivalent leakage from the air chamber containing that diaphragm) that results in a maximum reservoir leakage rate that is three times the threshold maximum reservoir leakage rate determined in S5.6.7.1.2. With an initial reservoir system pressure of 100 psi, the engine turned off, no application of any of the vehicle's brakes and, if the vehicle is designed to tow a vehicle equipped with air brakes, a 50 cubic inch test reservoir connected to the supply line coupling, make an application actuation of the parking brake control. Determine the maximum reservoir leakage rate (in psi per minute), which is the maximum rate of decrease in air pressure of any of the vehicle's reservoirs that results after that parking brake application. The level of common diaphragm leakage-type failure (or equivalent level of leakage from the air chamber containing that diaphragm) associated with this reservoir leakage rate is the level that is to be used under the option set forth in S5.6(b). S5.6.7.2 Trailers. S5.6.7.2.1 According to the following procedure, determine the threshold level of common diaphragm leakage-type failure (or equivalent level of leakage from the air chamber containing that diaphragm) at which the vehicle's parking brakes become unreleasable. With an initial reservoir system and supply line pressure of 100 psi, no application of any of the vehicle's brakes, and, if the vehicle is designed to tow a vehicle equipped with [[Page 594]] air brakes, a 50 cubic inch test reservoir connected to the supply line coupling, introduce a leakage-type failure of the common diaphragm (or equivalent leakage from the air chamber containing that diaphragm). Make a parking brake application by venting the front supply line coupling to the atmosphere, and reduce the pressures in all of the vehicle's reservoirs to zero. Pressurize the supply line by connecting the trailer's front supply line coupling to the supply line portion of the trailer test rig (Figure 1) with the regulator of the trailer test rig set at 100 psi, and determine whether all of the mechanical means referred to in S5.6.3.2 continue to be actuated and hold the parking brake applications with sufficient parking retardation forces to meet the minimum performance specified in either S5.6.1 or S5.6.2. Repeat this procedure with progressively decreasing or increasing levels (whichever is applicable) of leakage-type diaphragm failures or equivalent leakages, to determine the minimum level of common diaphragm leakage-type failure (or equivalent level of leakage from the air chamber containing that diaphragm) at which all of the mechanical means referred to in S5.6.3.2 continue to be actuated and hold the parking brake applications with sufficient parking retardation forces to meet the minimum performance specified in either S5.6.1 or S5.6.2. S5.6.7.2.2 At the level of common diaphragm leakage-type failure (or equivalent level of leakage from the air chamber containing that diaphragm) determined in S5.6.7.2.1, and using the following procedure, determine the threshold maximum reservoir leakage rate (in psi per minute). With an initial reservoir system and supply line pressure of 100 psi, no application of any of the vehicle's brakes and, if the vehicle is designed to tow a vehicle equipped with air brakes, a 50 cubic inch test reservoir connected to the rear supply line coupling, make a parking brake application by venting the front supply line coupling to the atmosphere. Determine the maximum reservoir leakage rate (in psi per minute), which is the maximum rate of decrease in air pressure of any of the vehicle's reservoirs that results after that parking brake application. S5.6.7.2.3 Using the following procedure, a leakage-type failure of the common diaphragm (or equivalent leakage from the air chamber containing that diaphragm) that results in a maximum reservoir leakage rate that is three times the threshold maximum reservoir leakage rate determined in S5.6.7.2.2. With an initial reservoir system and supply line pressure of 100 psi, no application of any of the vehicle's brakes and, if the vehicle is designed to tow a vehicle equipped with air brakes, a 50 cubic inch test reservoir connected to the rear supply line coupling, make a parking brake application by venting the front supply line coupling to the atmosphere. Determine the maximum reservoir leakage rate (in psi per minute), which is the maximum rate of decrease in air pressure of any of the vehicle's reservoirs that results after that parking brake application. The level of common diaphragm leakage-type failure (or equivalent level of leakage from the air chamber containing that diaphragm) associated with this reservoir leakage rate is the level that is to be used under the option set forth in S5.6(b). S5.7 Emergency brake system for trucks and buses. Each vehicle shall be equipped with an emergency brake system which, under the conditions of S6.1, conforms to the requirements of S5.7.1 through S5.7.3. However, the truck portion of an auto transporter need not meet the road test requirements of S5.7.1 and S5.7.3. S5.7.1 Emergency brake system performance. When stopped six times for each combination of weight and speed specified in S5.3.1.1, except for a loaded truck tractor with an unbraked control trailer, on a road surface having a PFC of 1.02, with a single failure in the service brake system of a part designed to contain compressed air or brake fluid (except failure of a common valve, manifold, brake fluid housing, or brake chamber housing), the vehicle shall stop at least once in not more than the distance specified in Column 5 of Table II, measured from the point at which movement of the service brake control begins, except that a truck-tractor tested at its unloaded vehicle weight [[Page 595]] plus up to 1,500 pounds shall stop at least once in not more than the distance specified in Column 6 of Table II. The stop shall be made without any part of the vehicle leaving the roadway, and with unlimited wheel lockup permitted at any speed. S5.7.2 Emergency brake system operation. The emergency brake system shall be applied and released, and be capable of modulation, by means of the service brake control. S5.7.3 Towing vehicle emergency brake requirements. In addition to meeting the other requirements of S5.7, a vehicle designed to tow another vehicle equipped with air brakes shall-- (a) In the case of a truck-tractor in the unloaded condition and a single unit truck which is capable of towing an airbrake equipped vehicle and is loaded to GVWR, be capable of meeting the requirements of S5.7.1 by operation of the service brake control only, with the trailer air supply line and air control line from the towing vehicle vented to the atmosphere in accordance with S6.1.14; (b) Be capable of modulating the air in the supply or control line to the trailer by means of the service brake control with a single failure in the towing vehicle service brake system as specified in S5.7.1. (c) [Reserved] S5.8 Emergency brakes for trailers. Each trailer shall meet the requirements of S5.8.1 through S5.8.3. S5.8.1 Emergency braking capability. Each trailer other than a trailer converter dolly shall have a parking brake system that conforms to S5.6 and that applies with the force specified in S5.6.1 or S5.6.2 when the air pressure in the supply line is at atmospheric pressure. A trailer converter dolly shall have, at the manufacturer's option-- (a) A parking brake system that conforms to S5.6 and that applies with the force specified in S5.6.1 or S5.6.2 when the air pressure in the supply line is at atmospheric pressure, or (b) An emergency system that automatically applies the service brakes when the service reservoir is at any pressure above 20 lb/in\2\ and the supply line is at atmospheric pressure. However, any agricultural commodity trailer, heavy hauler trailer, or pulpwood trailer shall meet the requirements of S5.8.1 or, at the option of the manufacturer, the requirements of Sec. 393.43 of this title. S5.8.2 Supply line pressure retention. Any single leakage type failure in the service brake system (except for a failure of the supply line, a valve directly connected to the supply line or a component of a brake chamber housing) shall not result in the pressure in the supply line falling below 70 psi, measured at the forward trailer supply coupling. A trailer shall meet the above supply line pressure retention requirement with its brake system connected to the trailer test rig shown in Figure 1, with the reservoirs of the trailer and test rig initially pressurized to 100 psi and the regulator of the trailer test rig set at 100 psi; except that a trailer equipped with an air-applied, mechanically-held parking brake system and not designed to tow a vehicle equipped with air brakes, at the manufacturer's option, may meet the requirements of S5.8.4 rather than those of S5.8.2 and S5.8.3. S5.8.3 Automatic application of parking brakes. With an initial reservoir system pressure of 100 psi and initial supply line pressure of 100 psi, and if designed to tow a vehicle equipped with air brakes, with a 50 cubic inch test reservoir connected to the rear supply line coupling, and with any subsequent single leakage type failure in any other brake system, of a part designed to contain compressed air or brake fluid (consistent with the parenthetical phrase specified in S5.6.3.1), whenever the air pressure in the supply line is 70 psi or higher, the parking brakes shall not provide any brake retardation as a result of complete or partial automatic application of the parking brakes. S5.8.4 Automatic application of air-applied, mechanically held parking brakes. With its brake system connected to the supply line portion of the trailer test rig (Figure 1) and the regulator of the trailer test rig set at 100 psi, and with any single leakage type failure in the service brake system (except for a failure of the supply line, a valve directly connected to the supply line or a component of a brake chamber, but including failure of any common diaphragm), the parking brakes shall not provide [[Page 596]] any brake retardation as a result of complete or partial automatic application of the parking brakes. S5.9 Final inspection. Inspect the service brake system for the condition of adjustment and for the brake indicator display in accordance with S5.1.8 and S5.2.2. S6. Conditions. The requirements of S5 shall be met by a vehicle when it is tested according to the conditions set in this S6, without replacing any brake system part or making any adjustments to the brake system except as specified. Unless otherwise specified, where a range of conditions is specified, the vehicle must be capable of meeting the requirements at all points within the range. On vehicles equipped with automatic brake adjusters, the automatic brake adjusters must remain activated at all times. Compliance of vehicles manufactured in two or more stages may, at the option of the final-stage manufacturer, be demonstrated to comply with this standard by adherence to the instructions of the incomplete vehicle manufacturer provided with the vehicle in accordance with Sec. 568.4(a)(7)(ii) and Sec. 568.5 of title 49 of the Code of Federal Regulations. S6.1 Road test conditions. S6.1.1 Except as otherwise specified, the vehicle is loaded to its GVWR, distributed proportionally to its GAWRs. During the burnish procedure specified in S6.1.8, truck tractors shall be loaded to their GVWR, by coupling them to an unbraked flatbed semitrailer, which semitrailer shall be loaded so that the weight of the tractor-trailer combination equals the GVWR of the truck tractor. The load on the unbraked flatbed semitrailer shall be located so that the truck tractor's wheels do not lock during burnish. S6.1.2 The inflation pressure is as specified by the vehicle manufacturer for the GVWR. S6.1.3 Unless otherwise specified, the transmission selector control is in neutral or the clutch is disengaged during all decelerations and during static parking brake tests. S6.1.4 All vehicle openings (doors, windows, hood, trunk, cargo doors, etc.) are in a closed position except as required for instrumentation purposes. S6.1.5 The ambient temperature is between 32 [deg]F. and 100 [deg]F. S6.1.6 The wind velocity is zero. S6.1.7 Unless otherwise specified, stopping tests are conducted on a 12-foot wide level, straight roadway having a peak friction coefficient of 1.02. For road tests in S5.3, the vehicle is aligned in the center of the roadway at the beginning of a stop. Peak friction coefficient is measured using an ASTM F2493 standard reference test tire in accordance with ASTM E1337-19 (incorporated by reference, see Sec. 571.5), at a speed of 40 mph, without water delivery for the surface with PFC of 1.02, and with water delivery for the surface with PFC of 0.55. S6.1.8 For vehicles with parking brake systems not utilizing the service brake friction elements, burnish the friction elements of such systems prior to the parking brake test according to the manufacturer's recommendations. For vehicles with parking brake systems utilizing the service brake friction elements, burnish the brakes as follows: With the transmission in the highest gear appropriate for a speed of 40 mph, make 500 snubs between 40 mph and 20 mph at a deceleration rate of 10 f.p.s.p.s., or at the vehicle's maximum deceleration rate if less than 10 f.p.s.p.s. Except where an adjustment is specified, after each brake application accelerate to 40 mph and maintain that speed until making the next brake application at a point 1 mile from the initial point of the previous brake application. If the vehicle cannot attain a speed of 40 mph in 1 mile, continue to accelerate until the vehicle reaches 40 mph or until the vehicle has traveled 1.5 miles from the initial point of the previous brake application, whichever occurs first. Any automatic pressure limiting valve is in use to limit pressure as designed. The brakes may be adjusted up to three times during the burnish procedure, at intervals specified by the vehicle manufacturer, and may be adjusted at the conclusion of the burnishing, in accordance with the vehicle manufacturer's recommendation. S6.1.9 Static parking brake tests for a semitrailer are conducted with the front-end supported by an unbraked [[Page 597]] dolly. The weight of the dolly is included as part of the trailer load. S6.1.10 In a test other than a static parking test, a truck tractor is tested at its GVWR by coupling it to an unbraked flatbed semi-trailer (hereafter, control trailer) as specified in S6.1.10.2 to S6.1.10.4. S6.1.10.1 [Reserved] S6.1.10.2 The center of gravity height of the ballast on the loaded control trailer shall be less than 24 inches above the top of the tractor's fifth wheel. S6.1.10.3 The control trailer has a single axle with a GAWR of 18,000 pounds and a length, measured from the transverse centerline of the axle to the centerline of the kingpin, of 258 6 inches. S6.1.10.4 The control trailer is loaded so that its axle is loaded at 4,500 pounds and the tractor is loaded to its GVWR, loaded above the kingpin only, with the tractor's fifth wheel adjusted so that the load on each axle measured at the tire-ground interface is most nearly proportional to the axles' respective GAWRs, without exceeding the GAWR of the tractor's axle or axles or control trailer's axle. S6.1.11 Special drive conditions. A vehicle equipped with an interlocking axle system or a front wheel drive system that is engaged and disengaged by the driver is tested with the system disengaged. S6.1.12 Liftable axles. A vehicle with a liftable axle is tested at GVWR with the liftable axle down and at unloaded vehicle weight with the liftable axle up. S6.1.13 Trailer test rig. The trailer test rig shown in Figure 1 is calibrated in accordance with the calibration curves shown in Figure 3. For the requirements of S5.3.3.1 and S5.3.4.1, the pressure in the trailer test rig reservoir is initially set at 100 psi for actuation tests and 95 psi for release tests. S6.1.14 In testing the emergency braking system of towing vehicles under S5.7.3(a), the hose(s) is vented to the atmosphere at any time not less than 1 second and not more than 1 minute before the emergency stop begins, while the vehicle is moving at the speed from which the stop is to be made and any manual control for the towing vehicle protection system is in the position to supply air and brake control signals to the vehicle being towed. No brake application is made from the time the line(s) is vented until the emergency stop begins and no manual operation of the parking brake system or towing vehicle protection system occurs from the time the line(s) is vented until the stop is completed. S6.1.15 Initial brake temperature. Unless otherwise specified, the initial brake temperature is not less than 150 [deg]F and not more than 200 [deg]F. S6.1.16 Thermocouples. The brake temperature is measured by plug-type thermocouples installed in the approximate center of the facing length and width of the most heavily loaded shoe or disc pad, one per brake, as shown in Figure 2. A second thermocouple may be installed at the beginning of the test sequence if the lining wear is expected to reach a point causing the first thermocouple to contact the rubbing surface of a drum or rotor. The second thermocouple shall be installed at a depth of .080 inch and located within 1 inch circumferentially of the thermocouple installed at .040 inch depth. For centergrooved shoes or pads, thermocouples are installed within one-eighth of an inch to one-quarter of an inch of the groove and as close to the center as possible. S6.1.17 Selection of compliance options. Where manufacturer options are specified, the manufacturer shall select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle. Each manufacturer shall, upon request from the National Highway Traffic Safety Administration, provide information regarding which of the compliance options it has selected for a particular vehicle or make/model. S6.2 Dynamometer test conditions. S6.2.1 The dynamometer inertia for each wheel is equivalent to the load on the wheel with the axle loaded to its GAWR. For a vehicle having additional GAWRs specified for operation at reduced speeds, the GAWR used is that specified for a speed of 50 mph, or, at the option of the manufacturer, any speed greater than 50 mph. [[Page 598]] S6.2.2 The ambient temperature is between 75 [deg]F. and 100 [deg]F. S6.2.3 Air at ambient temperature is directed uniformly and continuously over the brake drum or disc at a velocity of 2,200 feet per minute. S6.2.4 The temperature of each brake is measured by a single plug- type thermocouple installed in the center of the lining surface of the most heavily loaded shoe or pad as shown in Figure 2. The thermocouple is outside any center groove. S6.2.5 The rate of brake drum or disc rotation on a dynamometer corresponding to the rate of rotation on a vehicle at a given speed is calculated by assuming a tire radius equal to the static loaded radius specified by the tire manufacturer. S6.2.6 Brakes are burnished before testing as follows: place the brake assembly on an inertia dynamometer and adjust the brake as recommended by the vehicle manufacturer. Make 200 stops from 40 mph at a deceleration of 10 f.p.s.p.s., with an initial brake temperature on each stop of not less than 315 [deg]F and not more than 385 [deg]F. Make 200 additional stops from 40 mph at a deceleration of 10 f.p.s.p.s. with an initial brake temperature on each stop of not less than 450 [deg]F and not more than 550 [deg]F. The brakes may be adjusted up to three times during the burnish procedure, at intervals specified by the vehicle manufacturer, and may be adjusted at the conclusion of the burnishing, in accordance with the vehicle manufacturer's recommendation. S6.2.7 The brake temperature is increased to a specified level by conducting one or more stops from 40 m.p.h. at a deceleration of 10 f.p.s.p.s. The brake temperature is decreased to a specified level by rotating the drum or disc at a constant 30 m.p.h. [[Page 599]] [GRAPHIC] [TIFF OMITTED] TC01AU91.051 [[Page 600]] [GRAPHIC] [TIFF OMITTED] TC01AU91.053 [[Page 601]] [GRAPHIC] [TIFF OMITTED] TC01AU91.054 Table I--Stopping Sequence ------------------------------------------------------------------------ Single unit Truck tractors trucks and buses ------------------------------------------------------------------------ Burnish (S6.1.8)........................ 1 1 [[Page 602]] Stability and Control at GVWR (S5.3.6).. 2 N/A Stability and Control at LLVW (S5.3.6).. 3 5 Manual Adjustment of Brakes............. 4 N/A 60 mph Service Brake Stops at GVWR 5 2 (S5.3.1)............................... 60 mph Emergency Service Brake Stops at N/A 3 GVWR (S5.7.1).......................... Parking Brake Test at GVWR (S5.6)....... 6 4 Manual Adjustment of Brakes............. 7 6 60 mph Service Brake Stops at LLVW 8 7 (S5.3.1)............................... 60 mph Emergency Service Brake Stops at 9 8 LLVW (S5.7.1).......................... Parking Brake Test at LLVW (S5.6)....... 10 9 Final Inspection........................ 11 10 ------------------------------------------------------------------------ Table II--Stopping Distance in Feet -------------------------------------------------------------------------------------------------------------------------------------------------------- Service brake Emergency brake Vehicle speed in miles per hour ------------------------------------------------------------------------------------------------------- (1) (2) (3) (4) (5) (6) (7) (8) -------------------------------------------------------------------------------------------------------------------------------------------------------- 30.............................................. 70 78 65 78 84 61 170 186 35.............................................. 96 106 89 106 114 84 225 250 40.............................................. 125 138 114 138 149 108 288 325 45.............................................. 158 175 144 175 189 136 358 409 50.............................................. 195 216 176 216 233 166 435 504 55.............................................. 236 261 212 261 281 199 520 608 60.............................................. 280 310 250 310 335 235 613 720 -------------------------------------------------------------------------------------------------------------------------------------------------------- Note: (1) Loaded and Unloaded Buses. (2) Loaded Single-Unit Trucks. (3) Loaded Tractors with Two Axles; or with Three Axles and a GVWR of 70,000 lbs. or less; or with Four or More Axles and a GVWR of 85,000 lbs. or less. Tested with an Unbraked Control Trailer. (4) Loaded Tractors with Three Axles and a GVWR greater than 70,000 lbs.; or with Four or More Axles and a GVWR greater than 85,000 lbs. Tested with an Unbraked Control Trailer. (5) Unloaded Single-Unit Trucks. (6) Unloaded Tractors (Bobtail). (7) All Vehicles except Tractors, Loaded and Unloaded. (8) Unloaded Tractors (Bobtail). Table IIa--Stopping Distance in Feet: Optional Requirements for: (1) Three-Axle Tractors With a Front Axle That Has a GAWR of 14,600 Pounds or Less, and With Two Rear Drive Axles That Have a Combined GAWR of 45,000 Pounds or Less, Manufactured Before August 1, 2011; and (2) All Other Tractors Manufactured Before August 1, 2013 ---------------------------------------------------------------------------------------------------------------- Service brake Emergency brake Vehicle speed in miles per hour ----------------------------------------------------------------------------- (1) (2) (3) (4) (5) (6) ---------------------------------------------------------------------------------------------------------------- 30................................ 70 78 84 89 170 186 35................................ 96 106 114 121 225 250 40................................ 125 138 149 158 288 325 45................................ 158 175 189 200 358 409 50................................ 195 216 233 247 435 504 55................................ 236 261 281 299 520 608 60................................ 280 310 335 355 613 720 ---------------------------------------------------------------------------------------------------------------- Note: (1) Loaded and unloaded buses; (2) Loaded single unit trucks; (3) Unloaded truck tractors and single unit trucks; (4) Loaded truck tractors tested with an unbraked control trailer; (5) All vehicles except truck tractors; (6) Unloaded truck tractors. Table III--Brake Retardation Force ------------------------------------------------------------------------ Column 2 brake Column 1 brake retardation force/GAWR chamber pressure, PSI ------------------------------------------------------------------------ 0.05....................................................... 20 0.12....................................................... 30 0.18....................................................... 40 0.25....................................................... 50 0.31....................................................... 60 [[Page 603]] 0.37....................................................... 70 0.41....................................................... 80 ------------------------------------------------------------------------ Table IV [Reserved] Table V--Brake Chamber Rated Volumes ------------------------------------------------------------------------ Column 2 Column 1 rated Brake Chamber type (nominal area of piston or full stroke volume diaphragm in square inches) (inches) (cubic inches) ------------------------------------------------------------------------ Type 9.......................................... 1.75/2.10 25 Type 12......................................... 1.75/2.10 30 Type 14......................................... 2.25/2.70 40 Type 16......................................... 2.25/2.70 46 Type 18......................................... 2.25/2.70 50 Type 20......................................... 2.25/2.70 54 Type 24......................................... 2.50/3.20 67 Type 30......................................... 2.50/3.20 89 Type 36......................................... 3.00/3.60 135 ------------------------------------------------------------------------ [61 FR 27290, May 31, 1996, as amended at 61 FR 49695, Sept. 23, 1996; 61 FR 60636, Nov. 29, 1996; 63 FR 7727, Feb. 17, 1998; 66 FR 64158, Dec. 12, 2001; 67 FR 36820, May 28, 2002; 68 FR 47497, Aug. 11, 2003; 74 FR 9176, Mar. 3, 2009; 74 FR 42785, Aug. 25, 2009; 75 FR 15620, Mar. 30, 2010; 76 FR 44833, July 27, 2011; 77 FR 759, Jan. 6, 2012; 78 FR 9628, Feb. 11, 2013; 78 FR 21853, Apr. 12, 2013; 87 FR 34808, June 8, 2022] Sec. 571.122 Standard No. 122; Motorcycle brake systems. S1. Scope. This standard specifies requirements for motorcycle service brake systems and, where applicable, associated parking brake systems. S2. Purpose. The purpose of the standard is to ensure safe motorcycle braking performance under normal and emergency riding conditions. S3. Application. This standard applies to category 3-1 motorcycles, category 3-2 motorcycles, category 3-3 motorcycles, and category 3-4 motorcycles manufactured on and after September 1, 2014. This standard applies to category 3-5 motorcycles manufactured on and after September 1, 2015. At the manufacturer's option, any motorcycle manufactured on or after October 23, 2012 may comply with this standard. S4. Definitions. Antilock brake system or ABS means a system which senses wheel slip and automatically modulates the pressure producing the braking forces at the wheel(s) to limit the degree of wheel slip. Baseline test means a stop or a series of stops carried out in order to confirm the performance of the brake prior to subjecting it to a further test such as the heating procedure or wet brake stop. Brake means those parts of the brake system where the forces opposing the movement of the motorcycle are developed. Brake system means the combination of parts consisting of the control, the brake, and the components that provide the functional link between the control and the brake, but excluding the engine, whose function it is to progressively reduce the speed of a moving motorcycle, bring it to a halt, and keep it stationary when halted. Category 3-1 motorcycle means a two-wheeled motorcycle with an engine cylinder capacity in the case of a thermic engine not exceeding 50 cubic centimeters (cm\3\) and whatever the means of propulsion a maximum design speed not exceeding 50 kilometers per hour (km/h). Category 3-2 motorcycle means a three-wheeled motorcycle of any wheel arrangement with an engine cylinder capacity in the case of a thermic engine not exceeding 50 cm\3\ and whatever the means of propulsion a maximum design speed not exceeding 50 km/h. Category 3-3 motorcycle means a two-wheeled motorcycle with an engine cylinder capacity in the case of a thermic engine exceeding 50 cm\3\ or whatever the means of propulsion a maximum design speed exceeding 50 km/h. Category 3-4 motorcycle means a motorcycle manufactured with three [[Page 604]] wheels asymmetrically arranged in relation to the longitudinal median plane with an engine cylinder capacity in the case of a thermic engine exceeding 50 cm\3\ or whatever the means of propulsion a maximum design speed exceeding 50 km/h. (This category definition is intended to include motorcycles with sidecars.) Category 3-5 motorcycle means a motorcycle manufactured with three wheels symmetrically arranged in relation to the longitudinal median plane with an engine cylinder capacity in the case of a thermic engine exceeding 50 cm\3\ or whatever the means of propulsion a maximum design speed exceeding 50 km/h. Combined brake system or CBS means: (a) For motorcycle categories 3-1 and 3-3: a service brake system where at least two brakes on different wheels are actuated by the operation of a single control. (b) For motorcycle categories 3-2 and 3-5: a service brake system where the brakes on all wheels are actuated by the operation of a single control. (c) For motorcycle category 3-4: a service brake system where the brakes on at least the front and rear wheels are actuated by the operation of a single control. (If the rear wheel and the asymmetrical wheel are braked by the same brake system, this is regarded as the rear brake.) Control means the part actuated directly by the rider in order to supply and regulate the energy required for braking the motorcycle. Driver mass means the nominal mass of a driver that equals 75 kg (68 kg occupant mass plus 7kg of luggage mass). Engine disconnected means when the engine is no longer internally connected to the driving wheel(s), i.e., the clutch is disengaged and/or the transmission is in neutral. Gross vehicle mass means the maximum mass of the fully laden solo vehicle, based on its construction and design performances, as declared by the manufacturer. Initial brake temperature means the temperature of the hottest brake before any brake application. Laden means the gross vehicle mass. Lightly loaded means mass in running order plus 15 kg for test equipment, or the laden condition, whichever is less. In the case of ABS tests on a low friction surface (paragraphs S6.9.4 to S6.9.7), the mass for test equipment is increased to 30 kg to account for outriggers. Mass in running order means the sum of unladen vehicle mass and driver mass. Peak braking coefficient or PBC means the measure of tire-to-road surface friction based on the maximum deceleration of a rolling tire. Power-assisted braking system means a brake system in which the energy necessary to produce the braking force is supplied by the physical effort of the rider assisted by one or more energy supplying devices, for example vacuum assisted (with vacuum booster). Secondary brake system means the second service brake system on a motorcycle equipped with a combined brake system. Service brake system means a brake system which is used for slowing the motorcycle when in motion. Sidecar means a one-wheeled vehicle that is attached to the side of a motorcycle. Single brake system means a brake system which acts on only one axle. Split service brake system or SSBS means a brake system that operates the brakes on all wheels, consisting of two or more subsystems actuated by a single control designed so that a single failure in any subsystem (such as a leakage type failure of a hydraulic subsystem) does not impair the operation of any other subsystem. Stopping distance means the distance traveled by the motorcycle from the point the rider begins to actuate the brake control to the point at which the motorcycle reaches full stop. For tests where simultaneous actuation of two controls is specified, the distance traveled is taken from the point the first control is actuated. Test speed means the motorcycle speed measured the moment the rider begins to actuate the brake control. For tests where simultaneous actuation of two controls is specified, the motorcycle speed is taken from the moment the first control is actuated. [[Page 605]] Unladen vehicle mass means the nominal mass of a complete vehicle as determined by the following criteria: (a) Mass of the vehicle with bodywork and all factory fitted equipment, electrical and auxiliary equipment for normal operation of vehicle, including liquids, tools, fire extinguisher, standard spare parts, chocks and spare wheel, if fitted. (b) The fuel tanks filled to at least 90 percent of rated capacity and the other liquid containing systems (except those for used water) to 100 percent of the capacity specified by the manufacturer. Vmax means either the speed attainable by accelerating at a maximum rate from a standing start for a distance of 1.6 km on a level surface, with the vehicle lightly loaded, or the speed measured in accordance with International Organization for Standardization (ISO) 7117:1995(E) (incorporated by reference; see Sec. 571.5). Wheel lock means the condition that occurs when there is 100 percent wheel slip. S5. General requirements. S5.1 Brake system requirements. Each motorcycle shall meet each of the test requirements specified for a motorcycle of its category and for those brake features on the motorcycle. S5.1.1 Service brake system control operation. Each motorcycle shall have a configuration that enables a rider to actuate the service brake system control while seated in the normal driving position and with both hands on the steering control. S5.1.2 Secondary brake system control operation. Each motorcycle shall have a configuration that enables a rider to actuate the secondary brake system control while seated in the normal driving position and with at least one hand on the steering control. S5.1.3 Parking brake system. (a) If a parking brake system is fitted, it shall hold the motorcycle stationary on the slope prescribed in S6.8.2. The parking brake system shall: (1) have a control which is separate from the service brake system controls; and (2) be held in the locked position by solely mechanical means. (b) Each motorcycle equipped with a parking brake shall have a configuration that enables a rider to be able to actuate the parking brake system while seated in the normal driving position. S5.1.4 Two-wheeled motorcycles of categories 3-1 and 3-3. Each category 3-1 and 3-3 two-wheeled motorcycle shall be equipped with either two separate service brake systems, or a split service brake system, with at least one brake operating on the front wheel and at least one brake operating on the rear wheel. S5.1.5 Three-wheeled motorcycles of category 3-4. Each category 3-4 motorcycle shall comply with the brake system requirements in S5.1.4. A brake on the asymmetric wheel (with respect to the longitudinal axis) is not required. S5.1.6 Three-wheeled motorcycles of category 3-2. Each category 3-2 motorcycle shall be equipped with a parking brake system plus one of the following service brake systems: (a) Two separate service brake systems, except CBS, which, when applied together, operate the brakes on all wheels; or (b) A split service brake system; or (c) A CBS that operates the brake on all wheels and a secondary brake system which may be the parking brake system. S5.1.7 Three-wheeled motorcycles of categories 3-5. Each category 3- 5 motorcycle shall be equipped with: (a) A parking brake system; and (b) A foot actuated service brake system which operates the brakes on all wheels by way of either: (1) A split service brake system; or (2) A CBS and a secondary brake system, which may be the parking brake system. S5.1.8 Two separate service brake systems. For motorcycles where two separate service brake systems are installed, the systems may share a common brake, if a failure in one system does not affect the performance of the other. S5.1.9 Hydraulic service brake system. For motorcycles that use hydraulic fluid for brake force transmission, the master cylinder shall: (a) Have a sealed, covered, separate reservoir for each brake system; and [[Page 606]] (b) Have a minimum reservoir capacity equivalent to 1.5 times the total fluid displacement required to satisfy the new to fully worn lining condition with the worst case brake adjustment conditions; and (c) Have a reservoir where the fluid level is visible for checking without removal of the cover. (d) Have a brake fluid warning statement that reads as follows, in letters at least 3/32 of an inch high: Warning: Clean filler cap before removing. Use only ________ fluid from a sealed container (inserting the recommended type of brake fluid as specified in accordance with 49 CFR 571.116, e.g., ``DOT 3''). The lettering shall be: (1) Permanently affixed, engraved, or embossed; (2) Located so as to be visible by direct view, either on or within 4 inches of the brake-fluid reservoir filler plug or cap; and (3) Of a color that contrasts with its background, if it is not engraved or embossed. S5.1.10 Warning lamps. All warning lamps shall be mounted in the rider's view. S5.1.10.1 Split service brake system warning lamps. (a) Each motorcycle that is equipped with a split service brake system shall be fitted with a red warning lamp, which shall be activated: (1) When there is a hydraulic failure on the application of a force of <=90 N on the control; or (2) Without actuation of the brake control, when the brake fluid level in the master cylinder reservoir falls below the greater of: (i) That which is specified by the manufacturer; or (ii) That which is less than or equal to half of the fluid reservoir capacity. (b) To permit function checking, the warning lamp shall be illuminated by the activation of the ignition switch and shall be extinguished when the check has been completed. The warning lamp shall remain on while a failure condition exists whenever the ignition switch is in the ``on'' position. (c) Each indicator lamp shall have the legend ``Brake Failure'' on or adjacent to it in letters not less than 3/32 of an inch high that shall be legible to the driver in daylight when lighted. S5.1.10.2 Antilock brake system warning lamps. (a) Each motorcycle equipped with an ABS system shall be fitted with a yellow warning lamp. The lamp shall be activated whenever there is a malfunction that affects the generation or transmission of signals in the motorcycle's ABS system. (b) To permit function checking, the warning lamp shall be illuminated by the activation of the ignition switch and extinguished when the check has been completed. The warning lamp shall remain on while a failure condition exists whenever the ignition switch is in the ``on'' position. (c) The warning lamp shall be labeled in accordance with the specifications in Table 3 of Standard No. 123 (49 CFR 571.123) for ``ABS Malfunction'' (Item No. 13). S5.2 Durability. S5.2.1 Compensation for wear. Wear of the brakes shall be compensated for by means of a system of automatic or manual adjustment. S5.2.2 Notice of wear. The friction material thickness shall either be visible without disassembly, or where the friction material is not visible, wear shall be assessed by means of a device designed for that purpose. S5.2.3 Testing. During all the tests in this standard and on their completion, there shall be no friction material detachment and no leakage of brake fluid. S5.3 Measurement of dynamic performance. There are two ways in which brake system performance is measured. The particular method to be used is specified in the respective tests in S6. S5.3.1 Stopping distance. (a) Based on the basic equations of motion: S = 0.1 [middot] V + (X) [middot] V\2\, Where: S = stopping distance in meters V = initial vehicle speed in km/h X = a variable based on the requirement for each test (b) To calculate the corrected stopping distance using the actual vehicle test speed, the following formula is used: [[Page 607]] Ss = 0.1[middot]Vs + (Sa-0.1[middot]Va) [middot] Vs\2\/Va\2\, Where: Ss = corrected stopping distance in meters Vs = specified vehicle test speed in km/h Sa = actual stopping distance in meters Va = actual vehicle test speed in km/h Note to S5.3.1(b): This equation is only valid when the actual test speed (Va) is within 5 km/h of the specified test speed (Vs). S5.3.2 Continuous deceleration recording. The other method used to measure performance is the continuous recording of the vehicle instantaneous deceleration from the moment a force is applied to the brake control until the end of the stop. S6. Test conditions, procedures and performance requirements. S6.1 General. S6.1.1 Test surfaces. S6.1.1.1 High friction surface. A high friction surface is used for all dynamic brake tests excluding the ABS tests where a low-friction surface is specified. The high-friction surface test area is a clean, dry and level surface, with a gradient of <=1 percent. The high-friction surface has a peak braking coefficient (PBC) of 1.02. S6.1.1.2 Low-friction surface. A low-friction surface is used for ABS tests where a low-friction surface is specified. The low-friction surface test area is a clean and level surface, which may be wet or dry, with a gradient of <=1 percent. The low-friction surface has a PBC of <=0.50. S6.1.1.3 Measurement of PBC. The PBC is measured using the ASTM F2493 standard reference test tire, in accordance with ASTM E1337-19, at a speed of 64 km/h (incorporated by reference; see Sec. 571.5). S6.1.1.4 Parking brake system tests. The specified test slope has a clean and dry surface that does not deform under the weight of the motorcycle. S6.1.1.5 Test lane width. For two-wheeled motorcycles (motorcycle categories 3-1 and 3-3) the test lane width is 2.5 meters. For three- wheeled motorcycles (motorcycle categories 3-2, 3-4 and 3-5) the test lane width is 2.5 meters plus the vehicle width. S6.1.2 Ambient temperature. The ambient temperature is between 4 [deg]C and 45 [deg]C. S6.1.3 Wind speed. The wind speed is not more than 5 meters per second (m/s). S6.1.4 Test speed tolerance. The test speed tolerance is 5 km/h. In the event of the actual test speed deviating from the specified test speed (but within the 5 km/h tolerance), the actual stopping distance is corrected using the formula in S5.3.1(b). S6.1.5 Automatic transmission. Motorcycles with automatic transmission shall meet all test requirements--whether they are for ``engine connected'' or ``engine disconnected.'' If an automatic transmission has a neutral position, the neutral position is selected for tests where ``engine disconnected'' is specified. S6.1.6 Vehicle position and wheel lock. The vehicle is positioned in the center of the test lane for the beginning of each stop. Stops are made without the vehicle wheels passing outside the applicable test lane and without wheel lock. S6.1.7 Test sequence. Test sequence is as specified in Table 1. S6.2 Preparation. S6.2.1 Engine idle speed. The engine idle speed is set to the manufacturer's specification. S6.2.2 Tire pressures. The tires are inflated to the manufacturer's specification for the vehicle loading condition for the test. S6.2.3 Control application points and direction. For a hand control lever, the input force (F) is applied on the control lever's forward surface perpendicular to the axis of the lever fulcrum and its outermost point on the plane along which the control lever rotates (see Figure 1). The input force is applied to a point located 50 millimeters (mm) from the outermost point of the control lever, measured along the axis between the central axis of the fulcrum of the lever and its outermost point. For a foot control pedal, the input force is applied to the center of, and at right angles to, the control pedal. S6.2.4 Brake temperature measurement. The brake temperature is measured on the approximate center of the facing length and width of the most heavily loaded shoe or disc pad, one per brake, using a plug-type thermocouple [[Page 608]] that is embedded in the friction material, as shown in Figure 2. S6.2.5 Burnishing procedure. The vehicle brakes are burnished prior to evaluating performance. S6.2.5.1 Vehicle condition. (a) Vehicle lightly loaded. (b) Engine disconnected. S6.2.5.2 Conditions and procedure. (a) Initial brake temperature. Initial brake temperature before each brake application is <=100 [deg]C. (b) Test speed. (1) Initial speed: 50 km/h or 0.8 Vmax, whichever is lower. (2) Final speed = 5 to 10 km/h. (c) Brake application. Each service brake system control actuated separately. (d) Vehicle deceleration. (1) Single front brake system only: (i) 3.0-3.5 meters per second squared (m/s\2\) for motorcycle categories 3-3 and 3-4 (ii) 1.5-2.0 m/s\2\ for motorcycle categories 3-1 and 3-2 (2) Single rear brake system only: 1.5-2.0 m/s\2\ (3) CBS or split service brake system, and category 3-5: 3.5-4.0 m/ s\2\ (e) Number of decelerations. There shall be 100 decelerations per brake system. (f) For the first stop, accelerate the vehicle to the initial speed and then actuate the brake control under the conditions specified until the final speed is reached. Then reaccelerate to the initial speed and maintain that speed until the brake temperature falls to the specified initial value. When these conditions are met, reapply the brake as specified. Repeat this procedure for the number of specified decelerations. After burnishing, adjust the brakes in accordance with the manufacturer's recommendations. S6.3 Dry stop test--single brake control actuated. S6.3.1 Vehicle condition. (a) The test is applicable to all motorcycle categories. (b) Laden. For vehicles fitted with CBS and split service brake system, the vehicle is tested in the lightly loaded condition in addition to the laden condition. (c) Engine disconnected. S6.3.2 Test conditions and procedure. (a) Initial brake temperature. Initial brake temperature is =55 [deg]C and <=100 [deg]C. (b) Test speed. (1) Motorcycle categories 3-1 and 3-2: 40 km/h or 0.9 Vmax, whichever is lower. (2) Motorcycle categories 3-3, 3-4 and 3-5: 60 km/h or 0.9 Vmax, whichever is lower. (c) Brake application. Each service brake system control actuated separately. (d) Brake actuation force. (1) Hand control: <=200 N. (2) Foot control: (i) <=350 N for motorcycle categories 3-1, 3-2, 3-3, and 3-4. (ii) <=500 N for motorcycle category 3-5. (e) Number of stops: until the vehicle meets the performance requirements, with a maximum of 6 stops. (f) For each stop, accelerate the vehicle to the test speed and then actuate the brake control under the conditions specified in this paragraph. S6.3.3 Performance requirements. When the brakes are tested in accordance with the test procedure set out in paragraph S6.3.2., the stopping distance shall be as specified in column 2 of Table 2. S6.4 Dry stop test--all service brake controls actuated. S6.4.1 Vehicle condition. (a) The test is applicable to motorcycle categories 3-3, 3-4 and 3- 5. (b) Lightly loaded. (c) Engine disconnected. S6.4.2 Test conditions and procedure. (a) Initial brake temperature. Initial brake temperature is =55 [deg]C and <=100 [deg]C. (b) Test speed. Test speed is 100 km/h or 0.9 Vmax, whichever is lower. (c) Brake application. Simultaneous actuation of both service brake system controls, if so equipped, or of the single service brake system control in the case of a service brake system that operates on all wheels. (d) Brake actuation force. (1) Hand control: <=250 N. (2) Foot control: (i) <=400 N for motorcycle categories 3-3 and 3-4. (ii) <=500 N for motorcycle category 3-5. [[Page 609]] (e) Number of stops: until the vehicle meets the performance requirements, with a maximum of 6 stops. (f) For each stop, accelerate the vehicle to the test speed and then actuate the brake control under the conditions specified in this paragraph. S6.4.3 Performance requirements. When the brakes are tested in accordance with the test procedure set out in paragraph S6.4.2., the stopping distance (S) shall be S <=0.0060 V\2\ (where V is the specified test speed in km/h and S is the required stopping distance in meters). S6.5 High speed test. S6.5.1 Vehicle condition. (a) The test is applicable to motorcycle categories 3-3, 3-4 and 3- 5. (b) Test is not required for vehicles with Vmax <=125 km/h. (c) Lightly loaded. (d) Engine connected (clutch engaged) with the transmission in the highest gear. S6.5.2 Test conditions and procedure. (a) Initial brake temperature. Initial brake temperature is =55 [deg]C and <=100 [deg]C. (b) Test speed. (1) Test speed is 0.8 Vmax for motorcycles with Vmax 125 km/h and <200 km/h. (2) Test speed is 160 km/h for motorcycles with Vmax =200 km/h. (c) Brake application. Simultaneous actuation of both service brake system controls, if so equipped, or of the single service brake system control in the case of a service brake system that operates on all wheels. (d) Brake actuation force. (1) Hand control: <=200 N. (2) Foot control: (i) <=350 N for motorcycle categories 3-3 and 3-4. (ii) <=500 N for motorcycle category 3-5. (e) Number of stops: until the vehicle meets the performance requirements, with a maximum of 6 stops. (f) For each stop, accelerate the vehicle to the test speed and then actuate the brake control(s) under the conditions specified in this paragraph. S6.5.3 Performance requirements. When the brakes are tested in accordance with the test procedure set out in paragraph S6.5.2, the stopping distance (S) shall be <=0.1 V + 0.0067 V\2\ (where V is the specified test speed in km/h and S is the required stopping distance in meters). S6.6 Wet brake test. S6.6.1 General information. (a) The test is comprised of two parts that are carried out consecutively for each brake system: (1) A baseline test based on the dry stop test--single brake control actuated (S6.3). (2) A single wet brake stop using the same test parameters as in (1), but with the brake(s) being continuously sprayed with water while the test is conducted in order to measure the brakes' performance in wet conditions. (b) The test is not applicable to parking brake systems unless it is the secondary brake. (c) Drum brakes or fully enclosed disc brakes are excluded from this test unless ventilation or open inspection ports are present. (d) This test requires the vehicle to be fitted with instrumentation that gives a continuous recording of brake control force and vehicle deceleration. S6.6.2 Vehicle condition. (a) The test is applicable to all motorcycle categories. (b) Laden. For vehicles fitted with CBS and split service brake system, the vehicle is tested in the lightly loaded condition in addition to the laden condition. (c) Engine disconnected. (d) Each brake is fitted with water spray equipment as shown in Figure 3. (1) Disc brakes--sketch of water spray equipment. The disc brake water spray equipment is installed as follows: (i) Water is sprayed onto each brake with a flow rate of 15 liters/ hr. The water is equally distributed on each side of the rotor. (ii) If the surface of the rotor has any shielding, the spray is applied 45[deg] prior to the shield. (iii) If it is not possible to locate the spray in the position shown on the sketch, or if the spray coincides with a brake ventilation hole or similar, the spray nozzle may be advanced by an additional 90[deg] maximum from the edge of the pad, using the same radius. (2) Drum brakes with ventilation and open inspection ports. The water spray equipment is installed as follows: [[Page 610]] (i) Water is sprayed equally onto both sides of the drum brake assembly (on the stationary back plate and on the rotating drum) with a flow rate of 15 liters/hr. (ii) The spray nozzles are positioned two thirds of the distance from the outer circumference of the rotating drum to the wheel hub center. (iii) The nozzle position is 15[deg] from the edge of any opening in the drum back plate. S6.6.3 Baseline test--test conditions and procedure. (a) The test in paragraph S6.3 (dry stop test--single brake control actuated) is carried out for each brake system but with the brake control force that results in a vehicle deceleration of 2.5-3.0 m/s\2\, and the following is determined: (1) The average brake control force measured when the vehicle is traveling between 80 percent and 10 percent of the specified test speed. (2) The average vehicle deceleration in the period 0.5 to 1.0 seconds after the point of actuation of the brake control. (3) The maximum vehicle deceleration during the complete stop but excluding the final 0.5 seconds. (b) Conduct 3 baseline stops and average the values obtained in (1), (2), and (3). S6.6.4 Wet brake test--test conditions and procedure. (a) The vehicle is ridden at the test speed used in the baseline test set out in S6.6.3 with the water spray equipment operating on the brake(s) to be tested and with no application of the brake system. (b) After a distance of =500 m, apply the average brake control force determined in the baseline test for the brake system being tested. (c) Measure the average vehicle deceleration in the period 0.5 to 1.0 seconds after the point of actuation of the brake control. (d) Measure the maximum vehicle deceleration during the complete stop but excluding the final 0.5 seconds. S6.6.5 Performance requirements. When the brakes are tested in accordance with the test procedure set out in paragraph S6.6.4, the wet brake deceleration performance shall be: (a) The value measured in paragraph S6.6.4(c) shall be =60 percent of the average deceleration values recorded in the baseline test in paragraph S6.6.3(a)(2), i.e., in the period 0.5 to 1.0 seconds after the point of actuation of the brake control; and (b) The value measured in S6.6.4(d) shall be <=120 percent of the average deceleration values recorded in the baseline test S6.6.3(a)(3), i.e., during the complete stop but excluding the final 0.5 seconds. S6.7 Heat fade test. S6.7.1 General information. (a) The test comprises three parts that are carried out consecutively for each brake system: (1) A baseline test using the dry stop test--single brake control actuated (S6.3). (2) A heating procedure which consists of a series of repeated stops in order to heat the brake(s). (3) A hot brake stop using the dry stop test--single brake control actuated (S6.3), to measure the brake's performance after the heating procedure. (b) The test is applicable to motorcycle categories 3-3, 3-4 and 3- 5. (c) The test is not applicable to parking brake systems and secondary service brake systems. (d) All stops are carried out with the motorcycle laden. (e) The heating procedure requires the motorcycle to be fitted with instrumentation that gives a continuous recording of brake control force and vehicle deceleration. S6.7.2 Baseline test. S6.7.2.1 Vehicle condition--baseline test. Engine disconnected. S6.7.2.2 Test conditions and procedure--baseline test. (a) Initial brake temperature. Initial brake temperature is =55 [deg]C and <=100 [deg]C. (b) Test speed. Test speed is 60 km/h or 0.9 Vmax, whichever is the lower. (c) Brake application. Each service brake system control is actuated separately. (d) Brake actuation force. (1) Hand control: <=200 N. (2) Foot control: (i) <=350 N for motorcycle categories 3-3 and 3-4. (ii) <=500 N for motorcycle category 3-5. [[Page 611]] (e) Accelerate the vehicle to the test speed, actuate the brake control under the conditions specified and record the control force required to achieve the vehicle braking performance specified in the table to S6.3.3 (Table 2). S6.7.3 Heating procedure. S6.7.3.1 Vehicle condition--heating procedure. Engine transmission: (a) From the specified test speed to 50 per cent specified test speed: connected, with the highest appropriate gear selected such that the engine speed remains above the manufacturer's specified idle speed. (b) From 50 per cent specified test speed to standstill: disconnected. S6.7.3.2 Test conditions and procedure--heating procedure. (a) Initial brake temperature. Initial brake temperature is (prior to first stop only) =55 [deg]C and <=100 [deg]C. (b) Test speed. (1) Single brake system, front wheel braking only: 100 km/h or 0.7 Vmax, whichever is the lower. (2) Single brake system, rear wheel braking only: 80 km/h or 0.7 Vmax, whichever is the lower. (3) CBS or split service brake system: 100 km/h or 0.7 Vmax, whichever is the lower. (c) Brake application. Each service brake system control actuated separately. (d) Brake actuation force. (1) For the first stop: The constant control force that achieves a vehicle deceleration rate of 3.0--3.5 m/s\2\ while the vehicle is decelerating between 80 percent and 10 percent of the specified speed. (2) For the remaining stops: (i) The same constant brake control force as used for the first stop. (ii) Number of stops: 10. (iii) Interval between stops: 1000 m. (e) Carry out a stop to the conditions specified in this paragraph and then immediately use maximum acceleration to reach the specified speed and maintain that speed until the next stop is made. S6.7.4 Hot brake stop--test conditions and procedure. Perform a single stop under the conditions used in the baseline test (S6.7.2) for the brake system that has been heated during the procedure in accordance with S6.7.3. This stop is carried out within one minute of the completion of the procedure set out in S6.7.3 with a brake control application force less than or equal to the force used during the test set out in S6.7.2. S6.7.5 Performance requirements. When the brakes are tested in accordance with the test procedure set out in S6.7.4, the stopping distance S2 shall be <=1.67 S1-0.67 x 0.1V, Where: S1 = corrected stopping distance in meters achieved in the baseline test set out in S6.7.2. S2 = corrected stopping distance in meters achieved in the hot brake stop set out in S6.7.4. V = specified test speed in km/h. S6.8 Parking brake system test--for motorcycles with parking brakes. S6.8.1 Vehicle condition. (a) The test is applicable to motorcycle categories 3-2, 3-4 and 3- 5. (b) Laden. (c) Engine disconnected. S6.8.2 Test conditions and procedure. (a) Initial brake temperature. Initial brake temperature is <=100 [deg]C. (b) Test surface gradient. Test surface gradient is equal to 18 percent. (c) Brake actuation force. (1) Hand control: <=400 N. (2) Foot control: <=500 N. (d) For the first part of the test, park the vehicle on the test surface gradient facing up the slope by applying the parking brake system under the conditions specified in this paragraph. If the vehicle remains stationary, start the measurement of the test period. (e) The vehicle must remain stationary to the limits of traction of the braked wheels. (f) On completion of the test with vehicle facing up the gradient, repeat the same test procedure with the vehicle facing down the gradient. S6.8.3 Performance requirements. When tested in accordance with the test procedure set out in S6.8.2, the parking brake system shall hold the vehicle stationary for 5 minutes when the vehicle is both facing up and facing down the gradient. S6.9 ABS tests. S6.9.1 General. [[Page 612]] (a) The tests are only applicable to the ABS fitted on motorcycle categories 3-1 and 3-3. (b) The tests are to confirm the performance of brake systems equipped with ABS and their performance in the event of ABS electrical failure. (c) Fully cycling means that the anti-lock system is repeatedly modulating the brake force to prevent the directly controlled wheels from locking. (d) Wheel-lock is allowed as long as the stability of the vehicle is not affected to the extent that it requires the operator to release the control or causes a vehicle wheel to pass outside the test lane. (e) The test series comprises the individual tests in Table 3, which may be carried out in any order. S6.9.2 Vehicle condition. (a) Lightly loaded. (b) Engine disconnected. S6.9.3 Stops on a high friction surface. S6.9.3.1 Test conditions and procedure. (a) Initial brake temperature. Initial brake temperature is =55 [deg]C and <=100 [deg]C. (b) Test speed. Test speed is 60 km/h or 0.9 Vmax, whichever is lower. (c) Brake application. Simultaneous actuation of both service brake system controls, if so equipped, or of the single service brake control in the case of a service brake system that operates on all wheels. (d) Brake actuation force. The force applied is that which is necessary to ensure that the ABS will cycle fully throughout each stop, down to 10 km/h. (e) If one wheel is not equipped with ABS, the control for the service brake on that wheel is actuated with a force that is lower than the force that will cause the wheel to lock. (f) Number of stops: until the vehicle meets the performance requirements, with a maximum of 6 stops. (g) For each stop, accelerate the vehicle to the test speed and then actuate the brake control under the conditions specified in this paragraph. S6.9.3.2 Performance requirements. When the brakes are tested in accordance with the test procedures referred to in S6.9.3.1: (a) The stopping distance (S) shall be <=0.0063 V\2\ (where V is the specified test speed in km/h and S is the required stopping distance in meters); and (b) there shall be no wheel lock beyond that allowed for in paragraph S6.9.1(d), and the vehicle wheels shall stay within the test lane. S6.9.4 Stops on a low friction surface. S6.9.4.1 Test conditions and procedure. As set out in S6.9.3.1, but using the low friction surface instead of the high friction one. S6.9.4.2 Performance requirements. When the brakes are tested in accordance with the test procedures set out in S6.9.4.1: (a) the stopping distance (S) shall be <=0.0056 V\2\/P (where V is the specified test speed in km/h, P is the peak braking coefficient and S is the required stopping distance in meters); and (b) there shall be no wheel lock beyond that allowed for in paragraph S6.9.1(d), and the vehicle wheels shall stay within the test lane. S6.9.5 Wheel lock checks on high and low friction surfaces. S6.9.5.1 Test conditions and procedure. (a) Test surfaces. High friction or low friction surface, as applicable. (b) Initial brake temperature. Initial brake temperature is =55 [deg]C and <=100 [deg]C. (c) Test speed. (1) On the high friction surface: 80 km/h or 0.8 Vmax, whichever is lower. (2) On the low friction surface: 60 km/h or 0.8 Vmax, whichever is lower. (d) Brake application. (1) Each service brake system control actuated separately. (2) Where ABS is fitted to both brake systems, simultaneous actuation of both brake controls in addition to (1). (e) Brake actuation force. The force applied is that which is necessary to ensure that the ABS will cycle fully throughout each stop, down to 10 km/h. (f) Brake application rate. The brake control actuation force is applied in 0.2-0.5 seconds. (g) Number of stops: until the vehicle meets the performance requirements, with a maximum of 3 stops. (h) For each stop, accelerate the vehicle to the test speed and then actuate the brake control under the conditions specified in this paragraph. S6.9.5.2 Performance requirements. When the brakes are tested in accordance with the test procedures set out in S6.9.5.1, there shall be no wheel lock beyond that allowed for in paragraph [[Page 613]] S6.9.1(d), and the vehicle wheels shall stay within the test lane. S6.9.6 Wheel lock check--high to low friction surface transition. S6.9.6.1 Test conditions and procedure. (a) Test surfaces. A high friction surface immediately followed by a low friction surface. (b) Initial brake temperature. Initial brake temperature is =55 [deg]C and <=100 [deg]C. (c) Test speed. The speed that will result in 50 km/h or 0.5 Vmax, whichever is the lower, at the point where the vehicle passes from the high friction to the low friction surface. (d) Brake application. (1) Each service brake system control actuated separately. (2) Where ABS is fitted to both brake systems, simultaneous actuation of both brake controls in addition to (1). (e) Brake actuation force. The force applied is that which is necessary to ensure that the ABS will cycle fully throughout each stop, down to 10 km/h. (f) Number of stops: until the vehicle meets the performance requirements, with a maximum of 3 stops. (g) For each stop, accelerate the vehicle to the test speed and then actuate the brake control before the vehicle reaches the transition from one friction surface to the other. S6.9.6.2 Performance requirements. When the brakes are tested in accordance with the test procedures set out in S6.9.6.1, there shall be no wheel lock beyond that allowed for in paragraph S6.9.1(d), and the vehicle wheels shall stay within the test lane. S6.9.7 Wheel lock check--low to high friction surface transition. S6.9.7.1 Test conditions and procedure. (a) Test surfaces. A low friction surface immediately followed by a high friction surface with a PBC =0.90. (b) Initial brake temperature. Initial brake temperature is =55 [deg]C and <=100 [deg]C. (c) Test speed. The speed that will result in 50 km/h or 0.5 Vmax, whichever is the lower, at the point where the vehicle passes from the low friction to the high friction surface. (d) Brake application. (1) Each service brake system control applied separately. (2) Where ABS is fitted to both brake systems, simultaneous application of both brake controls in addition to (1). (e) Brake actuation force. The force applied is that which is necessary to ensure that the ABS will cycle fully throughout each stop, down to 10 km/h. (f) Number of stops: until the vehicle meets the performance requirements, with a maximum of 3 stops. (g) For each stop, accelerate the vehicle to the test speed and then actuate the brake control before the vehicle reaches the transition from one friction surface to the other. (h) Record the vehicle's continuous deceleration. S6.9.7.2 Performance requirements. When the brakes are tested in accordance with the test procedures set out in S6.9.7.1: (a) There shall be no wheel lock beyond that allowed for in paragraph S6.9.1(d), and the vehicle wheels shall stay within the test lane, and (b) within 1 second of the rear wheel passing the transition point between the low and high friction surfaces, the vehicle deceleration shall increase. S6.9.8 Stops with an ABS electrical failure. S6.9.8.1 Test conditions and procedure. With the ABS electrical system disabled, carry out the test set out in S6.3 (dry stop test-- single brake control actuated) applying the conditions relevant to the brake system and vehicle being tested. S6.9.8.2 Performance requirements. When the brakes are tested in accordance with the test procedure set out in S6.9.8.1: (a) The system shall comply with the failure warning requirements of S5.1.10.2; and (b) the minimum requirements for stopping distance shall be as specified in column 2 under the heading ``Single brake system, rear wheel(s) braking only'' in Table 2. S6.10 Partial failure test--for split service brake systems. S6.10.1 General information. (a) The test is only applicable to vehicles that are equipped with split service brake systems. (b) The test is to confirm the performance of the remaining subsystem in the event of a hydraulic system leakage failure. S6.10.2 Vehicle condition. [[Page 614]] (a) The test is applicable to motorcycle categories 3-3, 3-4 and 3- 5. (b) Lightly loaded. (c) Engine disconnected. S6.10.3 Test conditions and procedure. (a) Initial brake temperature. Initial brake temperature is =55 [deg]C and <=100 [deg]C. (b) Test speed. Test speed is 50 km/h and 100 km/h or 0.8 Vmax, whichever is lower. (c) Brake actuation force. (1) Hand control: <=250 N. (2) Foot control: <=400 N. (d) Number of stops: until the vehicle meets the performance requirements, with a maximum of 6 stops for each test speed. (e) Alter the service brake system to induce a complete loss of braking in any one subsystem. Then, for each stop, accelerate the vehicle to the test speed and then actuate the brake control under the conditions specified in this paragraph. (f) Repeat the test for each subsystem. S6.10.4 Performance requirements. When the brakes are tested in accordance with the test procedure set out in S6.10.3: (a) the system shall comply with the failure warning requirements set out in paragraph S5.1.10.1; and (b) the stopping distance (S) shall be <=0.1 V + 0.0117 V\2\ (where V is the specified test speed in km/h and S is the required stopping distance in meters). S6.11 Power-assisted braking system failure test. S6.11.1 General information. (a) The test is not conducted when the vehicle is equipped with another separate service brake system. (b) The test is to confirm the performance of the service brake system in the event of failure of the power assistance. S6.11.2 Test conditions and procedure. Carry out the test set out in S6.3.3 (dry stop test--single brake control actuated) for each service brake system with the power assistance disabled. S6.11.3 Performance requirements. When the brakes are tested in accordance with the test procedure set out in S6.11.2, the stopping distance shall be as specified in column 2 of Table 4. Note that if the power assistance may be activated by more than one control, the above performance shall be achieved when each control is actuated separately. Tables and Figures to Sec. 571.122 Table 1--Test Sequence ------------------------------------------------------------------------ Test order Paragraph ------------------------------------------------------------------------ 1. Dry stop--single brake control actuated................ S6.3 2. Dry stop--all service brake controls actuated.......... S6.4 3. High speed............................................. S6.5 4. Wet brake.............................................. S6.6 5. If fitted: 6.1. Parking brake system............................... S6.8 6.2. ABS................................................ S6.9 6.3. Partial failure, for split service brake systems... S6.10 6.4. Power-assisted braking system failure.............. S6.11 6. Heat fade.............................................. S6.7 ------------------------------------------------------------------------ Table 2--Performance Requirements, Dry Stop Test--Single Brake Control Actuated ------------------------------------------------------------------------ Column 1 Column 2 ------------------------------------------------------------------------ Stopping Distance(s) (where V is the specified test speed in km/h and S is Motorcycle category the required stopping distance in meters) ------------------------------------------------------------------------ Single brake system, front wheel(s) braking only ------------------------------------------------------------------------ 3-1.............................. S <=0.1 V + 0.0111 V \2\. 3-2.............................. S <=0.1 V + 0.0143 V \2\. 3-3.............................. S <=0.1 V + 0.0087 V \2\. 3-4.............................. S <=0.1 V + 0.0105 V \2\. 3-5.............................. Not applicable. ------------------------------------------------------------------------ Single brake system, rear wheel(s) braking only ------------------------------------------------------------------------ 3-1.............................. S <=0.1 V + 0.0143 V \2\. 3-2.............................. S <=0.1 V + 0.0143 V \2\. 3-3.............................. S <=0.1 V + 0.0133 V \2\. 3-4.............................. S <=0.1 V + 0.0105 V \2\. 3-5.............................. Not applicable. ------------------------------------------------------------------------ Vehicles with CBS or split service brake systems: For laden and lightly loaded conditions ------------------------------------------------------------------------ 3-1 and 3-2...................... S <=0.1 V + 0.0087 V \2\. 3-3.............................. S <=0.1 V + 0.0076 V \2\. 3-4.............................. S <=0.1 V + 0.0071 V \2\. 3-5.............................. S <=0.1 V + 0.0077 V \2\. ------------------------------------------------------------------------ Vehicles with CBS--secondary service brake system ------------------------------------------------------------------------ ALL.............................. S <=0.1 V + 0.0154 V. \2\ ------------------------------------------------------------------------ Table 3--ABS Tests ------------------------------------------------------------------------ ABS Tests Paragraph ------------------------------------------------------------------------ a. Stops on a high friction surface--as specified in S6.9.3 S6.1.1.1.................................................. b. Stops on a low friction surface--as specified in S6.9.4 S6.1.1.2.................................................. c. Wheel lock checks on high and low friction surfaces..... S6.9.5 [[Page 615]] d. Wheel lock check--high to low friction surface S6.9.6 transition................................................ e. Wheel lock check--low to high friction surface S6.9.7 transition................................................ f. Stops with an ABS electrical failure.................... S6.9.8 ------------------------------------------------------------------------ Table 4--Performance Requirements, Power-Assisted Braking System Failure Test ------------------------------------------------------------------------ Column 1 Column 2 ------------------------------------------------------------------------ Stopping Distance(s) (where V is the specified test speed in km/h and S Vehicle category is the required stopping distance in meters) ------------------------------------------------------------------------ Single brake system ------------------------------------------------------------------------ 3-1............................... S <=0.1 V + 0.0143 V \2\. 3-2............................... S <=0.1 V + 0.0143 V \2\. 3-3............................... S <=0.1 V + 0.0133 V \2\. 3-4............................... S <=0.1 V + 0.0105 V \2\. ------------------------------------------------------------------------ Vehicles with CBS or split service brake systems ------------------------------------------------------------------------ All............................... S <=0.1 V + 0.0154 V. \2\ ------------------------------------------------------------------------ [GRAPHIC] [TIFF OMITTED] TR24AU12.000 [[Page 616]] [GRAPHIC] [TIFF OMITTED] TR24AU12.001 [[Page 617]] [GRAPHIC] [TIFF OMITTED] TR24AU12.002 [77 FR 51671, Aug. 24, 2012, as amended at 86 FR 1298, Jan. 8, 2021; 87 FR 34810, June 8, 2022] Sec. 571.122a Standard No. 122; Motorcycle brake systems. S1. Scope. This standard specifies performance requirements for motorcycle brake systems. S2. Purpose. The purpose of the standard is to insure safe motorcycle braking performance under normal and emergency conditions. S3. Application. This standard applies to motorcycles. However, this standard does not apply to motorcycles certified to comply with Sec. 571.122. S4. Definitions. Braking interval means the distance measured from the start of one brake application to the start of the next brake application. Initial brake temperature means the temperature of the hottest service brake of the vehicle 0.2 mile before any brake application. Skid number means the frictional resistance of a pavement measured in accordance with ASTM E274-70 (incorporated by reference, see Sec. 571.5) at 40 mph, omitting water delivery as specified in paragraphs 7.1 and 7.2 of that method. Stopping distance means the distance traveled by a vehicle from the start of the brake application to the point where the vehicle stops. Split service brake system means a brake system consisting of two or more subsystems actuated by a single control designed so that a leakage- type failure of a pressure component in a [[Page 618]] single subsystem (except structural failure of a housing that is common to all subsystems) shall not impair the operation of the other subsystem(s). S5. Requirements. Each motorcycle shall meet the following requirements under the conditions specified in S6, when tested according to the procedures and in the sequence specified in S7. Corresponding test procedures of S7 are indicated in parentheses. If a motorcycle is incapable of attaining a specified speed, its service brakes shall be capable of stopping the vehicle from the multiple of 5 m.p.h. that is 4 m.p.h. to 8 m.p.h. less than the speed attainable in 1 mile, within stopping distances that do not exceed the stopping distances specified in Table 1. S5.1 Required equipment--split service brake system. Each motorcycle shall have either a split service brake system or two independently actuated service brake systems. S5.1.1 Mechanical service brake system. Failure of any component in a mechanical service brake system shall not result in a loss of braking ability in the other service brake system on the vehicle. S5.1.2 Hydraulic service brake system. A leakage failure in a hydraulic service brake system shall not result in a loss of braking ability in the other service brake system on the vehicle. Each motorcycle equipped with a hydraulic brake system shall have the equipment specified in S5.1.2.1 and S5.1.2.2. S5.1.2.1 Master cylinder reservoirs. Each master cylinder shall have a separate reservoir for each brake circuit, with each reservoir filler opening having its own cover, seal, and cover retention device. Each reservoir shall have a minimum capacity equivalent to one and one-half times the total fluid displacement resulting when all the wheel cylinders or caliper pistons serviced by the reservoir move from a new lining, fully retracted position to a fully worn, fully applied position. Where adjustment is a factor, the worst condition of adjustment shall be used for this measurement. S5.1.2.2 Reservoir labeling. Each motorcycle shall have a brake fluid warning statement that reads as follows, in letters at least three thirty-seconds of an inch high: Warning: Clean filler cap before removing. Use only ______ fluid from a sealed container. (Inserting the recommended type of brake fluid as specified in 49 CFR 571.116, e.g., DOT 3.) The lettering shall be: (a) Permanently affixed, engraved, or embossed; (b) Located so as to be visible by direct view, either on or within 4 inches of the brake-fluid reservoir filler plug or cap; and (c) Of a color that contrasts with its background, if it is not engraved or embossed. S5.1.3 Split service brake system. In addition to the equipment required by S5.1.2 each motorcycle equipped with a split service brake system shall have a failure indicator lamp as specified in S5.1.3.1. S5.1.3.1 Failure indicator lamp. (a) One or more electrically operated service brake system failure indicator lamps that is mounted in front of and in clear view of the driver, and that is activated-- (1) In the event of pressure failure in any part of the service brake system, other than a structural failure of either a brake master cylinder body in a split integral body type master cylinder system or a service brake system failure indicator body, before or upon application of not more than 20 pounds of pedal force upon the service brake. (2) Without the application of pedal force, when the level of brake fluid in a master cylinder reservoir drops to less than the recommended safe level specified by the manufacturer or to less than one-half the fluid reservoir capacity, whichever is the greater. (b) All failure indicator lamps shall be activated when the ignition switch is turned from the ``off'' to the ``on'' or to the ``start'' position. (c) Except for the momentary activation required by S5.1.3.1(b), each indicator lamp, once activated, shall remain activated as long as the condition exists, whenever the ignition switch is in the ``on'' position. An indicator lamp activated when the ignition is turned to the ``start'' position shall be deactivated upon return of the switch to the ``on'' position unless a failure exists in the service brake system. [[Page 619]] (d) Each indicator lamp shall have a red lens with the legend ``Brake Failure'' on or adjacent to it in letters not less than three thirty-seconds of an inch high that shall be legible to the driver in daylight when lighted. S5.1.4 Parking brake. Each three-wheeled motorcycle shall be equipped with a parking brake of a friction type with a solely mechanical means to retain engagement. S5.1.5 Other requirements. The brake system shall be installed so that the lining thickness of drum brake shoes may be visually inspected, either directly or by use of a mirror without removing the drums, and so that disc brake friction lining thickness may be visually inspected without removing the pads. S5.2 Service brake system--first (preburnish) effectiveness. S5.2.1 Service brake system. The service brakes shall be capable of stopping the motorcycle from 30 m.p.h. and 60 m.p.h. within stopping distances which do not exceed the stopping distances specified in Column I of Table I (S7.3.1). S5.2.2 Partial service brake system. Each independently actuated service brake system on each motorcycle shall be capable of stopping the motorcycle from 30 m.p.h. and 60 m.p.h. within stopping distances which do not exceed the stopping distances specified in Column II of Table I (S7.3.2). S5.3 Service brake system--second effectiveness. The service brakes shall be capable of stopping the motorcycle from 30 m.p.h., 60 m.p.h., 80 m.p.h., and the multiple of 5 m.p.h. that is 4 m.p.h. to 8 m.p.h. less than the speed attainable in 1 mile if this speed is 95 m.p.h. or greater, within stopping distances that do not exceed the stopping distances specified in Column III of Table I (S7.5). S5.4 Service brake system--fade and recovery. These requirements do not apply to a motor-driven cycle whose speed attainable in 1 mile is 30 m.p.h. or less. S5.4.1 Baseline check--minimum and maximum pedal forces. The pedal and lever forces used in establishing the fade baseline check average shall be within the limits specified in S6.10 (S7.6.1). S5.4.2 Fade. Each motorcycle shall be capable of making 10 fade stops from 60 m.p.h. at not less than 15 f.p.s.p.s. for each stop (S7.6.2). S5.4.3 Fade recovery. Each motorcycle shall be capable of making five recovery stops with a pedal force that does not exceed 400 Newtons (90 pounds), and a hand lever force that does not exceed 245 Newtons (55 pounds) for any of the first four recovery stops and that for the fifth recovery stop, is within, plus 89 Newtons (20 pounds) and minus 44 Newtons (10 pounds) of the fade test baseline check average force (S7.6.3), but not less than 0 Newtons (0 pounds). S5.5 Service brake system--final effectiveness. These requirements do not apply to a motor-driven cycle whose speed attainable in 1 mile is 30 mph or less. S5.5.1 Service brake system. The service brakes shall be capable of stopping the motorcycle in a manner that complies with S5.3 (S7.8.1). S5.5.2 Hydraulic service brake system--partial failure. In the event of a pressure component leakage failure, other than a structural failure of either a brake master cylinder body in a split integral body type master cylinder system or a service brake system failure indicator body, the remaining portion of the service brake system shall continue to operate and shall be capable of stopping the motorcycle from 30 m.p.h. and 60 m.p.h. within stopping distances that do not exceed the stopping distances specified in Column IV of Table I (S7.8.2). S5.6 Parking brake system. The parking brake system shall be capable of holding the motorcycle stationary (to the limits of traction of the braked wheels), for 5 minutes, in both forward and reverse directions, on a 30 percent grade, with an applied force of not more than 90 pounds for a foot-operated system and 55 pounds for a hand-operated system (S7.9). S5.7 Service brake system--water recovery. S5.7.1 Baseline check. The pedal and lever forces used in establishing the water recovery baseline check average shall be within the limits specified in S6.10 (S7.10.1). [[Page 620]] S5.7.2 Water recovery test. Each motorcycle shall be capable of making five recovery stops with a pedal force that does not exceed 400 Newtons (90 pounds), and hand lever force that does not exceed 245 Newtons (55 pounds), for any of the first four recovery stops, and that for the fifth recovery stop, is within, plus 89 Newtons (20 pounds) and minus 44 Newtons (10 pounds) of the water recovery baseline check average force (S7.10.2), but not less than 0 Newtons (0 pounds). S5.8 Service brake system design durability. Each motorcycle shall be capable of completing all braking requirements of S5 without detachment of brake linings from the shoes or pad, detachment or fracture of any brake system components, or leakage of fluid or lubricant at the wheel cylinder, and master cylinder reservoir cover, seal, or retention device (S7.11). S6 Test conditions. The requirements of S5 shall be met under the following conditions. Where a range of conditions is specified, the motorcycle shall be capable of meeting the requirements at all points within the range. S6.1 Vehicle weight. Motorcycle weight is unloaded vehicle weight plus 200 pounds (including driver and instrumentation), with the added weight distributed in the saddle or carrier if so equipped. S6.2 Tire inflation pressure. Tire inflation pressure is the pressure recommended by the manufacturer for the vehicle weight specified in paragraph S6.1. S6.3 Transmission. Unless otherwise specified, all stops are made with the clutch disengaged. S6.4 Engine. Engine idle speed and ignition timing settings are according to the manufacturer's recommendations. If the vehicle is equipped with an adjustable engine speed governor, it is adjusted according to the manufacturer's recommendation. S6.5 Ambient temperature. The ambient temperature is between 32 [deg]F. and 100 [deg]F. S6.6 Wind velocity. The wind velocity is zero. S6.7 Road surface. Road tests are conducted on level roadway having a skid number of 81. The roadway is 8 feet wide for two-wheeled motorcycles, and overall vehicle width plus 5 feet for three-wheeled motorcycles. The parking brake test surface is clean, dry, smooth portland cement concrete. S6.8 Vehicle position. The motorcycle is aligned in the center of the roadway at the start of each brake application. Stops are made without any part of the motorcycle leaving the roadway and without lockup of any wheel. S6.9 Thermocouples. The brake temperature is measured by plug-type thermocouples installed in the approximate center of the facing length and width of the most heavily loaded shoe or disc pad, one per brake, as shown in Figure 1. S6.10 Brake actuation forces. Except for the requirements of the fifth recovery stop in S5.4.3 and S5.7.2 (S7.6.3 and S7.10.2), the hand lever force is not less than 10 Newtons (2.3 pounds) and not more than 245 Newtons (55 pounds) and the foot pedal force is not less than 25 Newtons (5.6 pounds) and not more than 400 Newtons (90 pounds). The point of initial application of the lever forces is 1.2 inches from the end of the brake lever grip. The direction of the force is perpendicular to the handle grip on the plane along which the brake lever rotates, and the point of application of the pedal force is the center of the foot contact pad of the brake pedal. The direction of the force is perpendicular to the foot contact pad on the plane along which the brake pedal rotates, as shown in Figure 2. S7. Test procedures and sequence. Each motorcycle shall be capable of meeting all the requirements of this standard when tested according to the procedures and in the sequence set forth below without replacing any brake system part, or making any adjustments to the brake system other than as permitted in S7.4. A motorcycle shall be deemed to comply with S5.2, S5.3 and S5.5 if at least one of the stops specified in S7.3, S7.5 and S7.8 is made within the stopping distances specified in Table I. S7.1 Braking warming. If the initial brake temperature for the first stop in a test procedure (other than S7.10) has not been reached, heat the brakes to the initial brake temperature by making up to 10 stops from 30 m.p.h. at a deceleration of not more than 10 [[Page 621]] f.p.s.p.s. On independently operated brake systems, the coldest brake shall be within 10 [deg]F. of the hottest brake. S7.2 Pretest instrumentation check. Conduct a general check of test instrumentation by making not more than 10 stops from a speed of not more than 30 m.p.h. at a deceleration of not more than 10 f.p.s.p.s. If test instrument repair, replacement, or adjustment is necessary, make not more than 10 additional stops after such repair, replacement or adjustment. S7.3 Service brake system--first (preburnished) effectiveness test. S7.3.1 Service brake system. Make six stops from 30 m.p.h. and then six stops from 60 m.p.h. with an initial brake temperature between 130 [deg]F. and 150 [deg]F. S7.3.2 Partial service brake system. For a motorcycle with two independently actuated service brake systems, repeat S7.3.1 using each service brake system individually. S7.4 Service brake system--burnish procedure. Burnish the brakes by making 200 stops from 30 m.p.h. at 12 f.p.s.p.s. The braking interval shall be either the distance necessary to reduce the initial brake temperature to between 130 [deg]F. and 150 [deg]F. or 1 mile, whichever occurs first. Accelerate at maximum rate to 30 m.p.h. immediately after each stop and maintain that speed until making the next stop. After burnishing adjust the brakes in accordance with the manufacturer's recommendation. S7.5 Service brake system--second effectiveness test. Repeat S7.3.1. Then, make four stops from 80 m.p.h. and four stops from the multiple of 5 m.p.h. that is 4 m.p.h. to 8 m.p.h. less than the speed attainable in 1 mile if that speed is 95 m.p.h. or greater. S7.6 Service brake system--fade and recovery test. These requirements do not apply to a motor-driven cycle whose speed attainable in 1 mile is 30 m.p.h. or less. S7.6.1 Baseline check stops. Make three stops from 30 m.p.h. at 10 to 11 f.p.s.p.s. for each stop. Compute the average of the maximum brake pedal forces and the maximum brake lever forces required for the three stops. S7.6.2 Fade stops. Make 10 stops from 60 m.p.h. at not less than 15 f.p.s.p.s. for each stop. The initial brake temperature before the first brake application shall be between 130 [deg]F. and 150 [deg]F. Initial brake temperatures before brake applications for subsequent stops shall be those occurring at the distance intervals. Attain the required deceleration as quickly as possible and maintain at least this rate for not less than three-fourths of the total stopping distance for each stop. The interval between the starts of service brake applications shall be 0.4 mile. Drive 1 mile at 30 m.p.h. after the last fade stop and immediately conduct the recovery test specified in S7.6.3. S7.6.3 Recovery test. Make five stops from 30 m.p.h. at 10 to 11 f.p.s.p.s. for each stop. The braking interval shall not be more than 1 mile. Immediately after each stop accelerate at maximum rate to 30 m.p.h. and maintain that speed until making the next stop. S7.7 Service brake system--reburnish. Repeat S7.4 except make 35 burnish stops instead of 200 stops. Brakes may be adjusted after reburnish if no tools are used. These requirements do not apply to a motor-driven cycle whose speed attainable in 1 mile is 30 m.p.h. or less. S7.8 Service brake system--final effectiveness test. These requirements do not apply to a motor-driven cycle whose speed attainable in 1 mile is 30 m.p.h. or less. S7.8.1 Service brake system. Repeat S7.5 including S7.3.1. S7.8.2 Partial service brake system test. Alter the service brake system on three-wheeled motorcycles to induce a complete loss of braking in any one subsystem. Determine the line pressure or pedal force necessary to cause the brake system failure indicator to operate. Make six stops from 30 m.p.h. and then six stops from 60 m.p.h. with an initial brake temperature between 130 [deg]F. and 150 [deg]F. Repeat for each subsystem. Determine that the brake failure indicator is operating when the master cylinder fluid level is less than the level specified in S5.1.3.1(a)(2), and that it complies with S5.1.3.1(c). Check for proper operation with each reservoir in turn at a low level. Restore the service brake system to normal at completion of this test. S7.9 Parking brake test. Starting with an initial brake temperature of [[Page 622]] not more than 150 [deg]F., drive the motorcycle downhill on the 30 percent grade with the longitudinal axis of the motorcycle in the direction of the grade. Apply the service brakes with a force not exceeding 90 pounds to stop the motorcycle and place the transmission in neutral. Apply the parking brake by exerting a force not exceeding those specified in S5.6. Release the service brake and allow the motorcycle to remain at rest (to the limit of traction of the braked wheels) for 5 minutes. Repeat the test with the motorcycle parked in the reversed (uphill) position on the grade. S7.10 Service brake system--water recovery test. S7.10.1 Baseline check stops. Make three stops from 30 m.p.h. at 10 to 11 f.p.s.p.s. for each stop. Compute the average of the maximum brake pedal forces and of the maximum brake lever forces required for the three stops. S7.10.2 Wet brake recovery stops. Completely immerse the rear brake assembly of the motorcycle in water for 2 minutes with the brake fully released. Next completely immerse the front brake assembly of the motorcycle in water for 2 minutes with the brake fully released. Perform the entire wetting procedure in not more than 7 minutes. Immediately after removal of the front brake from water, accelerate at a maximum rate to 30 mi/h without a brake application. Immediately upon reaching that speed make five stops, each from 30 mi/h at 10 to 11 ft/s\2\ for each stop. After each stop (except the last) accelerate the motorcycle immediately at a maximum rate to 30 mi/h and begin the next stop. S7.11 Final inspection. Upon completion of all the tests inspect the brake system in an assembled condition, for compliance with the brake lining inspection requirements. Disassemble all brakes and inspect: (a) The entire brake system for detachment or fracture of any component. (b) Brake linings for detachment from the shoe or pad. (c) Wheel cylinder, master cylinder, and axle seals for fluid or lubricant leakage. (d) Master cylinder for reservoir capacity and retention device. (e) Master cylinder label for compliance with S5.1.2.2. Table I--Stopping Distances for Effectiveness, Fade and Partial System Tests ---------------------------------------------------------------------------------------------------------------- Stopping distance, feet--Effectiveness tests --------------------------------------------------------------------------- Preburnish Preburnish effectiveness Effectiveness Effectiveness Vehicle test speed, m.p.h. effectiveness partial total system partial hydraulic total system mechanical (S5.4) (SS5.7.1)-- systems (S5.7.2)-- (S5.2.1)--I systems (S5.2.2)-- III IV II ---------------------------------------------------------------------------------------------------------------- 15.................................. 13 30 11 25 20.................................. 24 54 19 44 25.................................. 37 84 30 68 30.................................. 54 121 43 97 35.................................. 74 165 58 132 40.................................. 96 216 75 173 45.................................. 121 273 95 218 50.................................. 150 337 128 264 55.................................. 181 407 155 326 60.................................. 216 484 185 388 65.................................. ................. ................. 217 455 70.................................. ................. ................. 264 527 75.................................. ................. ................. 303 606 80.................................. ................. ................. 345 689 85.................................. ................. ................. 389 778 90.................................. ................. ................. 484 872 95.................................. ................. ................. 540 971 100................................. ................. ................. 598 1076 105................................. ................. ................. 659 1188 110................................. ................. ................. 723 1302 115................................. ................. ................. 791 1423 120................................. ................. ................. 861 1549 ---------------------------------------------------------------------------------------------------------------- [[Page 623]] Table II--Brake Test Sequence and Requirements ------------------------------------------------------------------------ Sequence L.C. Test procedure Requirements ------------------------------------------------------------------------ 1. Instrumentation check.......... S7.2 ................. 2. First (Preburnish) effectiveness test: (a) Service brake system........ S7.3.1 S5.2.1 (b) Partial service brake system S7.3.2 S5.2.2 3. Burnish procedure.............. S7.4 ................. 4. Second effectiveness test...... S7.5 S5.3 5. First fade and recovery test... S7.6 S5.4 6. Reburnish...................... S7.7 ................. 7. Final effectiveness test: (a) Service brake system........ S7.8.1 S5.5.1 (b) Partial service brake system S7.8.2 S5.5.2 8. Parking brake test (three- S7.9 S5.6 wheeled motorcycles only)........ 9. Water recovery test............ S7.10 S5.7 10. Design durability............. S7.11 S5.8 ------------------------------------------------------------------------ [[Page 624]] [GRAPHIC] [TIFF OMITTED] TC01AU91.059 (Authority: Delegation of authority at 38 FR 12147; secs. 102, 103, 119, Pub. L. 89-563, 80 Stat. 718 (15 U.S.C. 1391, 1392, 1407); delegations of authority at 49 CFR 1.50 and 49 CFR 501.8) [37 FR 5034, Mar. 9, 1972, as amended at 37 FR 11974, June 16, 1972; 38 FR 14753, June 5, 1973; 39 FR 32914, Sept. 12, 1974; 39 FR 43075, Dec. 10, 1974; 41 FR 24593, June 17, 1976; 43 FR 9606, Mar. 9, 1978; 43 FR 46548, Oct. 10, 1978; 66 FR 42617, Aug. 14, 2001; 77 FR 760, Jan. 6, 2012. Redesignated and amended at 77 FR 51671, Aug. 24, 2012] [[Page 625]] Sec. 571.123 Standard No. 123; Motorcycle controls and displays. S1. Scope. This standard specifies requirements for the location, operation, identification, and illumination of motorcycle controls and displays, and requirements for motorcycle stands and footrests. S2. Purpose. The purpose of this standard is to minimize accidents caused by operator error in responding to the motoring environment, by standardizing certain motorcycle controls and displays. S3. Application. This standard applies to motorcycles equipped with handlebars, except for motorcycles that are designed, and sold exclusively for use by law enforcement agencies. S4. Definitions. Clockwise and counterclockwise mean opposing directions of rotation around the following axes, as applicable. (a) The operational axis of the ignition control, viewed from in front of the ignition lock opening; (b) The axis of the right handlebar on which the twist-grip throttle is located, viewed from the end of that handlebar; (c) The axis perpendicular to the center of the speedometer, viewed from the operator's normal eye position. Scooter means a motorcycle that: (1) Has a platform for the operator's feet or has integrated footrests, and (2) Has a step-through architecture, meaning that the part of the vehicle forward of the operator's seat and between the legs of an operator seated in the riding position, is lower in height than the operator's seat. S5. Requirements. S5.1. Each motorcycle shall be equipped with a supplemental engine stop control, located and operable as specified in Table 1. S5.2 Each motorcycle to which this standard applies shall meet the following requirements: S5.2.1 Control location and operation. If any item of equipment listed in Table 1, Column 1, is provided, the control for such item shall be located as specified in Column 2, and operable as specified in Column 3. Each control located on a right handlebar shall be operable by the operator's right hand throughout its full range without removal of the operator's right hand from the throttle. Each control located on a left handlebar shall be operable by the operator's left hand throughout its full range without removal of the operator's left hand from the handgrip. If a motorcycle with an automatic clutch other than a scooter is equipped with a supplemental rear brake control, the control shall be located on the left handlebar. If a scooter with an automatic clutch is equipped with a supplemental rear brake control, the control shall be on the right side and operable by the operator's right foot. A supplemental control shall provide brake actuation identical to that provided by the required control of Table 1, Item 11, of this Standard. If a motorcycle is equipped with self-proportioning or antilock braking devices utilizing a single control for front and rear brakes, the control shall be located and operable in the same manner as a rear brake control, as specified in Table 1, Item 11, and in this paragraph. S5.2.2 Display illumination and operation. If an item of equipment listed in Table 2, Column 1, is provided, the display for such item shall be visible to a seated operator under daylight conditions, shall illuminate as specified in Column 2, and shall operate as specified in Column 3. S5.2.3 Control and display identification. If an item of equipment in Table 3, Column 1, is provided, the item and its operational function shall be identified by: (a) A symbol substantially in the form shown in Column 3; or (b) Wording shown in both Column 2 and Column 4; or (c) A symbol substantially in the form shown in Column 3 and wording shown in both Column 2 and Column 4. (d) The abbreviations ``M.P.H.'', ``km/h'', ``r/min'', ``Hi'', ``Lo'', ``L'', ``R'', and ``Res'' appearing in Column 2 and Column 4 may be spelled in full. Symbols and words may be provided for equipment items where none are shown in Column 2, Column 3, and Column 4. Any identification provided shall be placed on or adjacent to the control or display position, and shall appear upright to the operator. S5.2.4 Stands. A stand shall fold rearward and upward if it contacts the [[Page 626]] ground when the motorcycle is moving forward. S5.2.5 Footrests. Footrests shall be provided for each designated seating position. Each footrests for a passenger other than an operator shall fold rearward and upward when not in use. [GRAPHIC] [TIFF OMITTED] TR30AU05.000 [[Page 627]] [GRAPHIC] [TIFF OMITTED] TR30AU05.001 Table 2--Motorcycle Display Illumination and Operation Requirements ---------------------------------------------------------------------------------------------------------------- Display--Column 1 Illumination--Column 2 Operation--Column 3 ---------------------------------------------------------------------------------------------------------------- 1. Speedometer......................... Yes............................ The display is illuminated whenever the headlamp is activated. 2. Neutral indication.................. Green display lamp............. The display lamp illuminates when the gear selector is in neutral position. ---------------------------------------------------------------------------------------------------------------- [[Page 628]] [GRAPHIC] [TIFF OMITTED] TR08JA21.013 [[Page 629]] [GRAPHIC] [TIFF OMITTED] TR08JA21.014 [37 FR 7207, Apr. 12, 1972, as amended at 37 FR 17475, Aug. 29, 1972; 39 FR 32915, Sept. 12, 1974; 48 FR 42819, Sept. 20, 1983; 49 FR 35381, Sept. 7, 1984; 49 FR 35504, Sept. 10, 1984; 56 FR 61387, Dec. 3, 1991; 63 FR 28933, May 27, 1998; 63 FR 51001, Sept. 24, 1998; 70 FR 51295, Aug. 30, 2005; 86 FR 1298, Jan. 8, 2020] Sec. 571.124 Standard No. 124; Accelerator control systems. S1. Scope. This standard establishes requirements for the return of a vehicle's throttle to the idle position when the driver removes the actuating force from the accelerator control, or in the event of a severance or disconnection in the accelerator control system. S2. Purpose. The purpose of this standard is to reduce deaths and injuries resulting from engine overspeed caused by malfunctions in the accelerator control system. S3. Application. This standard applies to passenger cars, multi- purpose passenger vehicles, trucks, and buses. S4. Definitions. S4.1 Driver-operated accelerator control system means all vehicle components, except the fuel metering device, that regulate engine speed in direct response to movement of the driver-operated control and that return the throttle to the idle position upon release of the actuating force. Fuel metering device means the carburetor, or in the case of certain engines the fuel injector, fuel distributor or fuel injection pump. Throttle means the component of the fuel metering device that connects to the driver-operated accelerator control system and that by input from the driver-operated accelerator control system controls the engine speed. Idle position means the position of the throttle at which it first comes in contact with an engine idle speed control appropriate for existing conditions according to the manufacturers' recommendations. These conditions include, but are not limited to, engine speed adjustments for cold engine, air [[Page 630]] conditioning, and emission control, and the use of throttle setting devices. Ambient temperature means the surrounding air temperature, at a distance such that it is not significantly affected by heat from the vehicle under test. S4.2 In the case of vehicles powered by electric motors, the words throttle and idle refer to the motor speed controller and motor shutdown, respectively. S5. Requirements. The vehicle shall meet the following requirements when the engine is running under any load condition, and at any ambient temperature between -40 degrees Celsius and + 52 degrees Celsius after 12 hours of conditioning at any temperature within that range. S5.1 There shall be at least two sources of energy capable of returning the throttle to the idle position within the time limit specified by S5.3 from any accelerator position or speed whenever the driver removes the opposing actuating force. In the event of failure of one source of energy by a single severance or disconnection, the throttle shall return to the idle position within the time limits specified by S5.3, from any accelerator position or speed whenever the driver removes the opposing actuating force. S5.2 The throttle shall return to the idle position from any accelerator position or any speed of which the engine is capable whenever any one component of the accelerator control system is disconnected or severed at a single point. The return to idle shall occur within the time limit specified by S5.3, measured either from the time of severance or disconnection or from the first removal of the opposing actuating force by the driver. S5.3 Except as provided below, maximum time to return to idle position shall be 1 second for vehicles of 4536 kilograms or less GVWR, and 2 seconds for vehicles of more than 4536 kilograms GVWR. Maximum time to return to idle position shall be 3 seconds for any vehicle that is exposed to ambient air at -18 degrees Celsius to -40 degrees Celsius during the test or for any portion of the 12-hour conditioning period. [38 FR 2980, Jan. 31, 1973, as amended at 60 FR 13645, Mar. 14, 1995] Sec. 571.125 Standard No. 125; Warning devices. S1. Scope. This standard establishes requirements for devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle. S2. Purpose. The purpose of this standard is to reduce deaths and injuries due to rear end collisions between moving traffic and disabled vehicles. S3. Application. This standard applies to devices, without self- contained energy sources, that are designed to be carried in buses and trucks that have a gross vehicle weight rating (GVWR) greater than 10,000 pounds. These devices are used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle. S4. Definitions. Entrance angle means the angle having as its sides the line through the center, and normal to the face, of the object to be tested, and the line from the center of the object to the center of the source of illumination (Figure 2). Fluorescent means the property of emitting visible light due to the absorption of radiation of a shorter wavelength which may be outside the visible spectrum. Observation angle means the angle having as its sides the line from the observation point to the center of the object to be tested and the line from the center of that object to the center of the source of illumination (Figure 2). Reflex reflective means reflective of light in directions close to the direction of incident light, over a wide range of variations in the direction of incident light. S5. Requirements. S5.1 Equipment. [[Page 631]] S5.1.1 Reflex reflective material and fluorescent material that meet the requirements of this standard shall be affixed to both faces of the warning device. Alternatively, a dual purpose orange fluorescent and red reflective material that meets the requirements of this standard (hereafter referred to as ``dual purpose material'') may be affixed to both faces in places of the reflective and fluorescent materials. S5.1.2 Each warning device shall be protected from damage and deterioration-- (a) By enclosure in an opaque protective reusable container, except that two or three warning devices intended to be sold for use as a set with a single vehicle may be enclosed in a single container; or (b) By secure attachment to any light-tight, enclosed, and easily accessible compartment of a new motor vehicle with which it is supplied by the vehicle manufacturer. S5.1.3 The warning device shall be designed to be erected, and replaced in its container, without the use of tools. S5.1.4 The warning device shall be permanently and legibly marked with: (a) Name of manufacturer; (b) Month and year of manufacture, which may be expressed numerically, as ``6/72''; and (c) The symbol DOT, or the statement that the warning device complies with all applicable Federal motor vehicle safety standards. S5.1.5 Each warning device shall have instructions for its erection and display. (a) The instructions shall be either indelibly printed on the warning device or attached in such a manner that they cannot be easily removed. (b) Instructions for each warning device shall include a recommendation that the driver activate the vehicular hazard warning signal lamps before leaving the vehicle to erect the warning device. (c) Instructions shall include the illustration depicted in Figure 3 indicating recommended positioning. S5.2 Configuration. S5.2.1 When the warning device is erected on level ground: (a) Part of the warning device shall form an equilateral triangle that stands in a plane not more than 10[deg] from the vertical, with the lower edge of the base of the triangle horizontal and not less than 1 inch above the ground. (b) None of the required portion of the reflective material and fluorescent material shall be obscured by any other part of the warning device except for any portion of the material over which it is necessary to provide fasteners, pivoting beads or other means to allow collapsibility or support of the device. In any event, sufficient reflective and fluorescent material shall be used on the triangle to meet the requirements of S5.4 and S5.5. S5.2.2 Each of the three sides of the triangular portion of the warning device shall not be less than 17 and not more than 22 inches long, and not less than 2 and not more than 3 inches wide (Figure 1). S5.2.3 Each face of the triangular portion of the warning device shall have an outer border of red reflex reflective material of uniform width and not less than 0.75 and not more than 1.75 inches wide, and an inner border of orange fluorescent material of uniform width and not less than 1.25 and not more than 1.30 inches wide (Figure 1). However, this requirement shall not apply if the dual purpose material is used. S5.2.4 Each vertex of the triangular portion of the warning device shall have a radius of not less than 0.25 inch and not more than 0.50 inch. S5.2.5 All edges shall be rounded or chamfered, as necessary, to reduce the possibility of cutting or harm to the user. S5.2.6 The device shall consist entirely of the triangular portion and attachments necessary for its support and enclosure, without additional visible shapes or attachments. S5.3 Color. S5.3.1 The color of the red reflex reflective material on the warning device shall have the following characteristics, both before and after the warning device has been conditioned in accordance with S6.1, when the source of illumination is a lamp with a tungsten filament operating at 2856[deg] Kelvin color temperature. Expressed in terms of the [[Page 632]] International Commission on Illumination (CIE) 1931 standard colorimetric observer system (CIE chromaticity diagram, Figure 4), the chromaticity coordinates of the red reflex reflective material shall lie within the region bounded by the spectrum locus and the lines on the diagram defined by the following equations: ------------------------------------------------------------------------ Boundary Equations ------------------------------------------------------------------------ Yellow.................................... y = 0.33 White..................................... x + y = 0.98 ------------------------------------------------------------------------ S5.3.2 The color of the orange fluorescent material on the warning device shall have the following characteristics, both before and after the warning device has been conditioned in accordance with S6.1, when the source of illumination is a 150-watt high pressure xenon compact arc lamp. Expressed in terms of the International Commission on Illumination (CIE) 1931 standard colorimetric observer system, the chromaticity coordinates of the orange fluorescent material shall lie within the region bounded by the spectrum locus and the lines on the diagram defined by the following equations: ------------------------------------------------------------------------ Boundary Equations ------------------------------------------------------------------------ Yellow.................................... y = 0.49x + 0.17 White..................................... x + y = 0.93 Red....................................... y = 0.35 ------------------------------------------------------------------------ The 150-watt high pressure xenon compact arc lamp shall illuminate the sample using the unmodified spectrum at an angle of incidence of 45[deg] and an angle of observation of 90[deg]. If dual purpose material is being tested, it shall be illuminated by a 150-watt high pressure xenon compact arc lamp, whose light is diffused by an integrating sphere. S5.4 Reflectivity. When the red reflex reflective material on the warning device is tested in accordance with S6.2, both before and after the warning device has been conditioned in accordance with S6.1, its total candlepower per incident foot candle shall be not less than the values specified in Table I for each of the listed entrance angles. S5.5 Luminance. When the orange fluorescent material on the warning device is tested in accordance with S6.3, both before and after the warning device has been conditioned in accordance with S6.1, it shall have a minimum relative luminance of 25 percent of a flat magnesium oxide surface and a minimum product of that relative luminance and width in inches of 44. S5.6 Stability. When the warning device is erected on a horizontal brushed concrete surface both with and against the brush marks and subjected to a horizontal wind of 40 miles per hour in any direction for 3 minutes-- (a) No part of it shall slide more than 3 inches from its initial position; (b) Its triangular portion shall not tilt to a position that is more than 10[deg] from the vertical; and (c) Its triangular position shall not turn through a horizontal angle of more than 10[deg] in either direction from the initial position. S5.7 Durability. When the warning device is conditioned in accordance with S6.1, no part of the warning device shall become warped or separated from the rest of the warning device. S6. Test Procedures. S6.1 Conditions. S6.1.1 Submit the warning device to the following conditioning sequence, returning the device after each step in the sequence to ambient air at 68 [deg]F. for at least 2 hours. (a) Minus 40 [deg]F. for 16 hours in a circulating air chamber using ambient air which would have not less than 30 percent and not more than 70 percent relative humidity at 70 [deg]F.; (b) 150 [deg]F. for 16 hours in a circulating air oven using ambient air which would have not less than 30 percent and not more than 70 percent relative humidity at 70 [deg]F.; (c) 100 [deg]F. and 90 percent relative humidity for 16 hours; (d) Salt spray (fog) test in accordance with ASTM B117-64 (incorporated by reference, see Sec. 571.5), except that the test shall be for 4 hours rather than 40 hours; and (e) Immersion for 2 hours in water at a temperature of 100 [deg]F. S6.2 Reflectivity Test. Test the red reflex reflective materials as follows: (a) Unless dual purpose material is used, prevent the orange fluorescent material from affecting the photometric measurement of the reflectivity of the red reflex reflective material, either by separation or masking. [[Page 633]] (b) Use a lamp with a tungsten filament operating at 2856[deg] Kelvin color temperature as the source of illumination. (c) Place the source of illumination 100 feet from the red reflex reflective material (Figure 2). (d) Place the observation point directly above the source of illumination (Figure 2). (e) Calculate the total candlepower per incident foot candle of the red reflex reflective material at each of the entrance and observation angles specified in Table 1. S6.3 Luminance Test. Test the orange fluorescent material as follows: (a) Unless dual purpose material is used, prevent the red reflex reflective material from affecting the photometric measurement of the luminance of the orange fluorescent material. (b) Using a 150-watt high pressure xenon compact arc lamp as the light source, illuminate the test sample at an angle of incidence of 45[deg] and an angle of observation of 90[deg]. If dual purpose material is being tested, illuminate the sample diffusely through an integrating sphere. (c) Measure the luminance of the material at a perpendicular viewing angle, with no ray of the viewing beam more than 5[deg] from the perpendicular to the specimen. (d) Repeat the procedure for a flat magnesium oxide surface, and compute the quotient (percentage) of the luminance of the material relative to that of the magnesium oxide surface. [GRAPHIC] [TIFF OMITTED] TC01AU91.061 Fig. 1--Dimensions of Warning Device (Inches) [[Page 634]] [GRAPHIC] [TIFF OMITTED] TC01AU91.062 [[Page 635]] [GRAPHIC] [TIFF OMITTED] TC01AU91.063 [39 FR 28636, Aug. 9, 1974, as amended at 40 FR 4, Jan. 2, 1975; 59 FR 49591, Sept. 29, 1994; 77 FR 760, Jan. 6, 2012] Sec. 571.126 Standard No. 126; Electronic stability control systems for light vehicles. S1. Scope. This standard establishes performance and equipment requirements for electronic stability control (ESC) systems. S2. Purpose. The purpose of this standard is to reduce the number of deaths and injuries that result from crashes in which the driver loses directional control of the vehicle, including those resulting in vehicle rollover. [[Page 636]] S3 Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, according to the phase-in schedule specified in S8 of this standard. S4. Definitions. Ackerman Steer Angle means the angle whose tangent is the wheelbase divided by the radius of the turn at a very low speed. Drive configuration means the driver-selected, or default, condition for distributing power from the engine to the drive wheels (examples include, but are not limited to, 2-wheel drive, front-wheel drive, rear- wheel drive, all-wheel drive, 4-wheel drive high gear with locked differential, and 4-wheel drive low gear). Electronic stability control system or ESC system means a system that has all of the following attributes: (1) That augments vehicle directional stability by applying and adjusting the vehicle brake torques individually to induce a correcting yaw moment to a vehicle; (2) That is computer-controlled with the computer using a closed- loop algorithm to limit vehicle oversteer and to limit vehicle understeer; (3) That has a means to determine the vehicle's yaw rate and to estimate its side slip or side slip derivative with respect to time; (4) That has a means to monitor driver steering inputs; (5) That has an algorithm to determine the need, and a means to modify engine torque, as necessary, to assist the driver in maintaining control of the vehicle; and (6) That is operational over the full speed range of the vehicle (except at vehicle speeds less than 20 km/h (12.4 mph), when being driven in reverse, or during system initialization). Lateral acceleration means the component of the vector acceleration of a point in the vehicle perpendicular to the vehicle's x-axis (longitudinal) and parallel to the road plane. Low-range four-wheel drive configuration means a drive configuration that has the effect of locking the drive gears at the front and rear axles together and providing an additional gear reduction between the engine speed and vehicle speed of at least 2.0. Mode means an ESC performance algorithm, whether driver-selected or not (examples include, but are not limited to, standard (default) mode, performance mode, snow or slippery road mode, or Off mode). Oversteer means a condition in which the vehicle's yaw rate is greater than the yaw rate that would occur at the vehicle's speed as a result of the Ackerman Steer Angle. Side slip or side slip angle means the arctangent of the lateral velocity of the center of gravity of the vehicle divided by the longitudinal velocity of the center of gravity. Understeer means a condition in which the vehicle's yaw rate is less than the yaw rate that would occur at the vehicle's speed as a result of the Ackerman Steer Angle. Yaw rate means the rate of change of the vehicle's heading angle measured in degrees/second of rotation about a vertical axis through the vehicle's center of gravity. S5. Requirements. Subject to the phase-in set forth in S8, each vehicle must be equipped with an ESC system that meets the requirements specified in S5 under the test conditions specified in S6 and the test procedures specified in S7 of this standard. S5.1 Required Equipment. Vehicles to which this standard applies must be equipped with an electronic stability control system that: S5.1.1 Is capable of applying brake torques individually to all four wheels and has a control algorithm that utilizes this capability. S5.1.2 Is operational during all phases of driving including acceleration, coasting, and deceleration (including braking), except when the driver has disabled ESC, the vehicle speed is below 20 km/h (12.4 mph), the vehicle is being driven in reverse, or during system initialization S5.1.3 Remains capable of activation even if the antilock brake system or traction control system is also activated. S5.2 Performance Requirements. During each test performed under the test conditions of S6 and the test procedure of S7.9, the vehicle with the ESC system [[Page 637]] engaged must satisfy the stability criteria of S5.2.1 and S5.2.2, and it must satisfy the responsiveness criterion of S5.2.3 during each of those tests conducted with a commanded steering wheel angle of 5A or greater, where A is the steering wheel angle computed in S7.6.1. S5.2.1 The yaw rate measured one second after completion of the sine with dwell steering input (time T0 + 1 in Figure 1) must not exceed 35 percent of the first peak value of yaw rate recorded after the steering wheel angle changes sign (between first and second peaks) ([aring]Peak in Figure 1) during the same test run, and S5.2.2 The yaw rate measured 1.75 seconds after completion of the sine with dwell steering input must not exceed 20 percent of the first peak value of yaw rate recorded after the steering wheel angle changes sign (between first and second peaks) during the same test run. S5.2.3 The lateral displacement of the vehicle center of gravity with respect to its initial straight path must be at least 1.83 m (6 feet) for vehicles with a GVWR of 3,500kg (7,716 lb) or less, and 1.52 m (5 feet) for vehicles with a GVWR greater than 3,500 kg (7,716 lb) when computed 1.07 seconds after the Beginning of Steer (BOS). BOS is defined in S7.11.6. S5.2.3.1 The computation of lateral displacement is performed using double integration with respect to time of the measurement of lateral acceleration at the vehicle center of gravity, as expressed by the formula: [GRAPHIC] [TIFF OMITTED] TR06AP07.008 S5.2.3.2 Time t = 0 for the integration operation is the instant of steering initiation, known as the Beginning of Steer (BOS). BOS is defined in S7.11.6. S5.3 ESC Malfunction. The vehicle must be equipped with a telltale that provides a warning to the driver of the occurrence of one or more malfunctions that affect the generation or transmission of control or response signals in the vehicle's electronic stability control system. When tested according to S7.10, the ESC malfunction telltale: S5.3.1 As of September 1, 2011, must be mounted inside the occupant compartment in front of and in clear view of the driver; S5.3.2 As of September 1, 2011, must be identified by the symbol shown for ``ESC Malfunction Telltale'' or the specified words or abbreviations listed in Table 1 of Standard No. 101 (49 CFR 571.101); S5.3.3 As of September 1, 2011, except as provided in paragraphs S5.3.4, S5.3.5, S5.3.8, and S5.3.10, the ESC malfunction telltale must illuminate only when a malfunction(s) of the ESC system exists and must remain continuously illuminated under the conditions specified in S5.3 for as long as the malfunction(s) exists (unless the ``ESC malfunction'' and ``ESC Off'' telltales are combined in a two-part telltale and the ``ESC Off'' telltale is illuminated), whenever the ignition locking system is in the ``On'' (``Run'') position; and S5.3.4 As of September 1, 2011, except as provided in paragraph S5.3.5, each ESC malfunction telltale must be activated as a check of lamp function either when the ignition locking system is turned to the ``On'' (``Run'') position when the engine is not running, or when the ignition locking system is in a position between ``On'' (``Run'') and ``Start'' that is designated by the manufacturer as a check position. S5.3.5 The ESC malfunction telltale need not be activated when a starter interlock is in operation. S5.3.6 The requirement S5.3.4 does not apply to telltales shown in a common space. S5.3.7 The ESC malfunction telltale must extinguish at the next ignition cycle after the malfunction has been corrected. S5.3.8 The manufacturer may use the ESC malfunction telltale in a flashing mode to indicate ESC operation. S5.3.9 Prior to September 1, 2011, a disconnection of the power to the ESC electronic control unit may be indicated by the ABS malfunction telltale instead of the ESC malfunction telltale. S5.3.10 Manufacturers may use the ESC malfunction telltale in a steady-burning mode to indicate malfunctions of ESC-related systems and functions [[Page 638]] including traction control, trailer stability assist, corner brake control, and other similar functions that use throttle and/or individual wheel torque control to operate and share common components with the ESC system, and may use the ESC malfunction telltale in a flashing mode to indicate operation of these ESC-related systems. S5.4 ESC Off and Other System Controls. The manufacturer may include an ``ESC Off'' control whose only purpose is to place the ESC system in a mode or modes in which it will no longer satisfy the performance requirements of S5.2.1, S5.2.2, and S5.2.3. An ``ESC Off'' control may be combined with other controls in a multi-function control. Manufacturers may also provide controls for other systems that have an ancillary effect upon ESC operation. Controls of either kind that place the ESC system in a mode in which it will no longer satisfy the performance requirements of S5.2.1, S5.2.2, and S5.2.3 are permitted, provided that: S5.4.1 The vehicle's ESC system must always return to the manufacturer's original default ESC mode that satisfies the requirements of S5.1 and S5.2 at the initiation of each new ignition cycle, regardless of what ESC mode the driver had previously selected, unless (a) the vehicle is in a low-range four-wheel drive configuration selected by the driver on the previous ignition cycle that is designed for low-speed, off-road driving, or (b) the vehicle is in a four-wheel drive configuration selected by the driver on the previous ignition cycle that is designed for operation at higher speeds on snow-, sand-, or dirt-packed roads and that has the effect of locking the drive gears at the front and rear axles together, provided that the vehicle meets the stability performance requirements of S5.2.1 and S5.2.2 in this mode. S5.4.2 In addition to the requirements of S5.4.1, if the vehicle's ESC system has more than one ESC mode that satisfies the requirements of S5.1 and S5.2 within the drive configuration selected for the previous ignition cycle, the system must return to the manufacturer's original default ESC mode. S5.4.3 As of September 1, 2011, a control whose only purpose is to place the ESC system in a mode or modes in which it will no longer satisfy the performance requirements of S5.2.1, S5.2.2, and S5.2.3 must be identified by the symbol shown for ``ESC Off'' in Table 1 of Standard No. 101 (49 CFR 571.101), or the text, ``ESC Off'' as listed under ``Word(s) or Abbreviations'' in Table 1 of Standard No. 101 (49 CFR 571.101). S5.4.4 A control for another system that has the ancillary effect of placing the ESC system in a mode in which it no longer satisfies the performance requirements of S5.2.1, S5.2.2, and S5.2.3 need not be identified by the ``ESC Off'' identifiers in Table 1 of Standard No. 101 (49 CFR 571.101), but the ESC status must be identified by the ``ESC Off'' telltale in accordance with S5.5, as of September 1, 2011, except if the vehicle is in a 4-wheel drive high gear configuration that has the effect of locking the drive gears at the front and rear axles together provided the vehicle meets the stability performance criteria of S5.2.1 and S5.2.2. S5.5 ESC Off Telltale S5.5.1 Except as provided in S5.5.10, the vehicle manufacturer must provide a telltale indicating that the vehicle has been put into a mode that renders it unable to satisfy the requirements of S5.2.1, S5.2.2 and S5.2.3, if such a mode is provided. S5.5.2 As of September 1, 2011, the ``ESC Off'' telltale must be identified by the symbol shown for ``ESC Off'' in Table 1 of Standard No. 101 (49 CFR 571.101) or the text, ``ESC Off'' as listed under ``Word(s) or Abbreviations'' in Table 1 of Standard No. 101 (49 CFR 571.101). S5.5.3 As of September 1, 2011, the ``ESC Off'' telltale must be mounted inside the occupant compartment in front of and in clear view of the driver. S5.5.4 Except as provided in paragraph S5.4.4, the ``ESC Off'' telltale must remain continuously illuminated for as long as the ESC is in a mode that renders it unable to satisfy the requirements of S5.2.1, S5.2.2, and S5.2.3, and S5.5.5 Notwithstanding S5.3.1(e) of 49 CFR 571.101, the vehicle manufacturer may use the ``ESC Off'' telltale to indicate an ESC level of function other than the fully functional default mode even if the vehicle would meet S5.2.1, S5.2.2 and S5.2.3 at that level of ESC function. [[Page 639]] S5.5.6 As of September 1, 2011, except as provided in paragraph S5.5.7 and S5.5.8, each ``ESC Off'' telltale must be activated as a check of lamp function either when the ignition locking system is turned to the ``On'' (``Run'') position when the engine is not running, or when the ignition locking system is in a position between ``On'' (``Run'') and ``Start'' that is designated by the manufacturer as a check position. S5.5.7 The ``ESC Off'' telltale need not be activated when a starter interlock is in operation. S5.5.8 The requirement S5.5.6 does not apply to telltales shown in a common space. S5.5.9 The ``ESC Off'' telltale must extinguish after the ESC system has been returned to its fully functional default mode. S5.5.10 The ``ESC Off'' telltale need not illuminate when the vehicle is in a 4-wheel drive high gear locked differential configuration that has the effect of locking the drive gears at the front and rear axles together provided the vehicle meets the stability performance requirements of S5.2.1 and S5.2.2. S5.6 ESC System Technical Documentation. To ensure a vehicle is equipped with an ESC system that meets the definition of ``ESC System'' in S4, the vehicle manufacturer must make available to the agency, upon request, the following documentation: S5.6.1 A system diagram that identifies all ESC system hardware. The diagram must identify what components are used to generate brake torques at each wheel, determine vehicle yaw rate, estimated side slip or the side slip derivative and driver steering inputs. S5.6.2 A written explanation describing the ESC system basic operational characteristics. This explanation must include a discussion on the system's capability to apply brake torques at each wheel and how the system modifies engine torque during ESC system activation. The explanation must also identify the vehicle speed range and the driving phases (acceleration, deceleration, coasting, during activation of the ABS or traction control) under which the ESC system can activate. S5.6.3 A logic diagram that supports the explanation provided in S5.6.2. S5.6.4 Specifically for mitigating vehicle understeer, a discussion of the pertinent inputs to the computer or calculations within the computer and how its algorithm uses that information and controls ESC system hardware to limit vehicle understeer. S6. Test Conditions. S6.1 Ambient conditions. S6.1.1 The ambient temperature is between 7 [deg]C (45 [deg]F) and 40 [deg]C (104 [deg]F). S6.1.2 The maximum wind speed is no greater than 10 m/s (22 mph) for passenger cars and 5 m/s (11 mph) for multipurpose passenger vehicles, trucks and buses. S6.2 Road test surface. S6.2.1 The tests are conducted on a dry, uniform, solid-paved surface. Surfaces with irregularities and undulations, such as dips and large cracks, are unsuitable. S6.2.2 The road test surface must produce a peak friction coefficient (PFC) of 1.02 when measured using an ASTM F2493 standard reference test tire, in accordance with ASTM E1337-19 (incorporated by reference, see Sec. 571.5) at a speed of 64.4 km/h (40 mph), without water delivery. S6.2.3 The test surface has a consistent slope between level and 1%. S6.3 Vehicle conditions. S6.3.1 The ESC system is enabled for all testing, except when it is turned off directly or by simulating a malfunction in accordance with S7.3 and S7.10, respectively. The ESC system shall be initialized as follows: Place the vehicle in a forward gear and obtain a vehicle speed of 48 8 km/h (30 5 mph). Drive the vehicle for at least two minutes including at least one left and one right turning maneuver and at least one application of the service brake. S6.3.2 Test Weight. The vehicle is loaded with the fuel tank filled to at least 75 percent of capacity, and total interior load of 168 kg (370 lbs) comprised of the test driver, approximately 59 kg (130 lbs) of test equipment (automated steering machine, data acquisition system and the power supply for the steering machine), and ballast as required by differences in the weight of test drivers and test equipment. Where required, ballast shall be placed on the [[Page 640]] floor behind the passenger front seat or if necessary in the front passenger foot well area. All ballast shall be secured in a way that prevents it from becoming dislodged during test conduct. S6.3.3 Tires. The vehicle is tested with the tires installed on the vehicle at time of initial vehicle 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. Tubes may be installed to prevent tire de-beading. S6.3.4 Outriggers. Outriggers are used for testing trucks, multipurpose passenger vehicles, and buses. Vehicles with a baseline weight less than 1,588 kg (3,500 lbs) are equipped with ``light'' outriggers. Vehicles with a baseline weight equal to or greater than 1,588 kg (3,500 lbs) and less than 2,722 kg (6,000 lbs) are equipped with ``standard'' outriggers. Vehicles with a baseline weight equal to or greater than 2,722 kg (6,000 lbs) are equipped with ``heavy'' outriggers. A vehicle's baseline weight is the weight of the vehicle delivered from the dealer, fully fueled, with a 73 kg (160 lb) driver. Light outriggers are designed with a maximum weight of 27 kg (59.5 lb) and a maximum roll moment of inertia of 27 kg-m\2\ (19.9 ft-lb-sec\2\). Standard outriggers are designed with a maximum weight of 32 kg (70 lb) and a maximum roll moment of inertia of 35.9 kg-m\2\ (26.5 ft-lb- sec\2\). Heavy outriggers are designed with a maximum weight of 39 kg (86 lb) and a maximum roll moment of inertia of 40.7 kg-m\2\ (30.0 ft- lb-sec\2\). S6.3.5 Automated steering machine. A steering machine programmed to execute the required steering pattern must be used in S7.5.2, S7.5.3, S7.6 and S7.9. The steering machine shall be capable of supplying steering torques between 40 to 60 Nm (29.5 to 44.3 lb-ft). The steering machine must be able to apply these torques when operating with steering wheel velocities up to 1200 degrees per second. S7. Test Procedure. S7.1 Inflate the vehicles' tires to the cold tire inflation pressure(s) provided on the vehicle's placard or the tire inflation pressure label. S7.2 Telltale bulb check. With the vehicle stationary and the ignition locking system in the ``Lock'' or ``Off'' position, activate the ignition locking system to the ``On'' (``Run'') position or, where applicable, the appropriate position for the lamp check. The ESC malfunction telltale must be activated as a check of lamp function, as specified in S5.3.4, and if equipped, the ``ESC Off'' telltale must also be activated as a check of lamp function, as specified in S5.5.6. The telltale bulb check is not required for a telltale shown in a common space as specified in S5.3.6 and S5.5.8. S7.3 ``ESC Off'' control check. For vehicles equipped with an ``ESC Off'' control, with the vehicle stationary and the ignition locking system in the ``Lock'' or ``Off'' position, activate the ignition locking system to the ``On'' (``Run'') position. Activate the ``ESC Off'' control and verify that the ``ESC Off'' telltale is illuminated, as specified in S5.5.4. Turn the ignition locking system to the ``Lock'' or ``Off'' position. Again, activate the ignition locking system to the ``On'' (``Run'') position and verify that the ``ESC Off'' telltale has extinguished indicating that the ESC system has been reactivated as specified in S5.4.1. S7.4 Brake Conditioning. Condition the vehicle brakes as follows: S7.4.1 Ten stops are performed from a speed of 56 km/h (35 mph), with an average deceleration of approximately 0.5 g. S7.4.2 Immediately following the series of 56 km/h (35 mph) stops, three additional stops are performed from 72 km/h (45 mph). S7.4.3 When executing the stops in S7.4.2, sufficient force is applied to the brake pedal to activate the vehicle's antilock brake system (ABS) for a majority of each braking event. S7.4.4 Following completion of the final stop in S7.4.2, the vehicle is driven at a speed of 72 km/h (45 mph) for five minutes to cool the brakes. S7.5 Tire Conditioning. Condition the tires using the following procedure to wear away mold sheen and achieve operating temperature immediately before beginning the test runs of S7.6 and S7.9. S7.5.1 The test vehicle is driven around a circle 30 meters (100 feet) in diameter at a speed that produces a [[Page 641]] lateral acceleration of approximately 0.5 to 0.6 g for three clockwise laps followed by three counterclockwise laps. S7.5.2 Using a sinusoidal steering pattern at a frequency of 1 Hz, a peak steering wheel angle amplitude corresponding to a peak lateral acceleration of 0.5-0.6 g, and a vehicle speed of 56 km/h (35 mph), the vehicle is driven through four passes performing 10 cycles of sinusoidal steering during each pass. S7.5.3 The steering wheel angle amplitude of the final cycle of the final pass is twice that of the other cycles. The maximum time permitted between all laps and passes is five minutes. S7.6 Slowly Increasing Steer Test. The vehicle is subjected to two series of runs of the Slowly Increasing Steer Test using a constant vehicle speed of 80 2 km/h (50 1 mph) and a steering pattern that increases by 13.5 degrees per second until a lateral acceleration of approximately 0.5 g is obtained. Three repetitions are performed for each test series. One series uses counterclockwise steering, and the other series uses clockwise steering. The maximum time permitted between each test run is five minutes. S7.6.1 From the Slowly Increasing Steer tests, the quantity ``A'' is determined. ``A'' is the steering wheel angle in degrees that produces a steady state lateral acceleration (corrected using the methods specified in S7.11.3) of 0.3 g for the test vehicle. Utilizing linear regression, A is calculated, to the nearest 0.1 degrees, from each of the six Slowly Increasing Steer tests. The absolute value of the six A's calculated is averaged and rounded to the nearest 0.1 degrees to produce the final quantity, A, used below. S7.7 After the quantity A has been determined, without replacing the tires, the tire conditioning procedure described in S7.5 is performed immediately prior to conducting the Sine with Dwell Test of S7.9. Initiation of the first Sine with Dwell test series shall begin within two hours after completion of the Slowly Increasing Steer tests of S7.6. S7.8 Check that the ESC system is enabled by ensuring that the ESC malfunction and ``ESC Off'' (if provided) telltales are not illuminated. S7.9 Sine with Dwell Test of Oversteer Intervention and Responsiveness. The vehicle is subjected to two series of test runs using a steering pattern of a sine wave at 0.7 Hz frequency with a 500 ms delay beginning at the second peak amplitude as shown in Figure 2 (the Sine with Dwell tests). One series uses counterclockwise steering for the first half cycle, and the other series uses clockwise steering for the first half cycle. The vehicle is provided a cool-down period between each test run of 90 seconds to five minutes, with the vehicle stationary. S7.9.1 The steering motion is initiated with the vehicle coasting in high gear at 80 2 km/h (50 1 mph). S7.9.2 In each series of test runs, the steering amplitude is increased from run to run, by 0.5A, provided that no such run will result in a steering amplitude greater than that of the final run specified in S7.9.4. S7.9.3 The steering amplitude for the initial run of each series is 1.5A where A is the steering wheel angle determined in S7.6.1. S7.9.4 The steering amplitude of the final run in each series is the greater of 6.5A or 270 degrees, provided the calculated magnitude of 6.5A is less than or equal to 300 degrees. If any 0.5A increment, up to 6.5A, is greater than 300 degrees, the steering amplitude of the final run shall be 300 degrees. S7.9.5 Upon completion of the two series of test runs, post processing of yaw rate and lateral acceleration data is done as specified in S7.11. S7.10 ESC Malfunction Detection. S7.10.1 Simulate one or more ESC malfunction(s) by disconnecting the power source to any ESC component, or disconnecting any electrical connection between ESC components (with the vehicle power off). When simulating an ESC malfunction, the electrical connections for the telltale lamp(s) are not to be disconnected. S7.10.2 With the vehicle initially stationary and the ignition locking system in the ``Lock'' or ``Off'' position, activate the ignition locking system to the ``Start'' position and start the engine. Place the vehicle in a forward gear and obtain a vehicle speed of 48 8 km/h (30 5 mph). Drive the vehicle for at least two minutes including [[Page 642]] at least one left and one right turning maneuver and at least one application of the service brake. Verify that within two minutes after obtaining this vehicle speed the ESC malfunction indicator illuminates in accordance with S5.3. S7.10.3 As of September 1, 2011, stop the vehicle, deactivate the ignition locking system to the ``Off'' or ``Lock'' position. After a five-minute period, activate the vehicle's ignition locking system to the ``Start'' position and start the engine. Verify that the ESC malfunction indicator again illuminates to signal a malfunction and remains illuminated as long as the engine is running or until the fault is corrected. S7.10.4 Deactivate the ignition locking system to the ``Off'' or ``Lock'' position. Restore the ESC system to normal operation, activate the ignition system to the ``Start'' position and start the engine. Place the vehicle in a forward gear and obtain a vehicle speed of 48 8 km/h (30 5 mph). Drive the vehicle for at least two minutes including at least one left and one right turning maneuver and at least one application of the service brake. Verify that within two minutes after obtaining this vehicle speed that the ESC malfunction indicator has extinguished. S7.11 Post Data Processing--Calculations for Performance Metrics. Yaw rate and lateral displacement measurements and calculations must be processed utilizing the following techniques: S7.11.1 Raw steering wheel angle data is filtered with a 12-pole phaseless Butterworth filter and a cutoff frequency of 10Hz. The filtered data is then zeroed to remove sensor offset utilizing static pretest data. S7.11.2 Raw yaw rate data is filtered with a 12-pole phaseless Butterworth filter and a cutoff frequency of 6Hz. The filtered data is then zeroed to remove sensor offset utilizing static pretest data. S7.11.3 Raw lateral acceleration data is filtered with a 12-pole phaseless Butterworth filter and a cutoff frequency of 6Hz. The filtered data is then zeroed to remove sensor offset utilizing static pretest data. The lateral acceleration data at the vehicle center of gravity is determined by removing the effects caused by vehicle body roll and by correcting for sensor placement via use of coordinate transformation. For data collection, the lateral accelerometer shall be located as close as possible to the position of the vehicle's longitudinal and lateral centers of gravity. S7.11.4 Steering wheel velocity is determined by differentiating the filtered steering wheel angle data. The steering wheel velocity data is then filtered with a moving 0.1 second running average filter. S7.11.5 Lateral acceleration, yaw rate and steering wheel angle data channels are zeroed utilizing a defined ``zeroing range.'' The methods used to establish the zeroing range are defined in S7.11.5.1 and S7.11.5.2. S7.11.5.1 Using the steering wheel rate data calculated using the methods described in S7.11.4, the first instant steering wheel rate exceeds 75 deg/sec is identified. From this point, steering wheel rate must remain greater than 75 deg/sec for at least 200 ms. If the second condition is not met, the next instant steering wheel rate exceeds 75 deg/sec is identified and the 200 ms validity check applied. This iterative process continues until both conditions are ultimately satisfied. S7.11.5.2 The ``zeroing range'' is defined as the 1.0 second time period prior to the instant the steering wheel rate exceeds 75 deg/sec (i.e., the instant the steering wheel velocity exceeds 75 deg/sec defines the end of the ``zeroing range''). S7.11.6 The Beginning of Steer (BOS) is defined as the first instance filtered and zeroed steering wheel angle data reaches -5 degrees (when the initial steering input is counterclockwise) or + 5 degrees (when the initial steering input is clockwise) after time defining the end of the ``zeroing range.'' The value for time at the BOS is interpolated. S7.11.7 The Completion of Steer (COS) is defined as the time the steering wheel angle returns to zero at the completion of the Sine with Dwell steering maneuver. The value for time at the zero degree steering wheel angle is interpolated. [[Page 643]] S7.11.8 The second peak yaw rate is defined as the first local yaw rate peak produced by the reversal of the steering wheel. The yaw rates at 1.000 and 1.750 seconds after COS are determined by interpolation. S7.11.9 Determine lateral velocity by integrating corrected, filtered and zeroed lateral acceleration data. Zero lateral velocity at BOS event. Determine lateral displacement by integrating zeroed lateral velocity. Zero lateral displacement at BOS event. Lateral displacement at 1.07 seconds from BOS event is determined by interpolation. S8. Phase-in schedule. S8.1 Vehicles manufactured on or after September 1, 2008, and before September 1, 2009. For vehicles manufactured on or after September 1, 2008, and before September 1, 2009, the number of vehicles complying with this standard must not be less than 55 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2005, and before September 1, 2008; or (b) The manufacturer's production on or after September 1, 2008, and before September 1, 2009. S8.2 Vehicles manufactured on or after September 1, 2009, and before September 1, 2010. For vehicles manufactured on or after September 1, 2009, and before September 1, 2010, the number of vehicles complying with this standard must not be less than 75 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2006, and before September 1, 2009; or (b) The manufacturer's production on or after September 1, 2009, and before September 1, 2010. S8.3 Vehicles manufactured on or after September 1, 2010, and before September 1, 2011. For vehicles manufactured on or after September 1, 2010, and before September 1, 2011, the number of vehicles complying with this standard must not be less than 95 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2007, and before September 1, 2010; or (b) The manufacturer's production on or after September 1, 2010, and before September 1, 2011. S8.4 Vehicles manufactured on or after September 1, 2011. All vehicles manufactured on or after September 1, 2011 must comply with this standard. S8.5 Calculation of complying vehicles. (a) For purposes of complying with S8.1, a manufacturer may count a vehicle if it is certified as complying with this standard and is manufactured on or after June 5, 2007, but before September 1, 2009. (b) For purpose of complying with S8.2, a manufacturer may count a vehicle if it: (1)(i) Is certified as complying with this standard and is manufactured on or after June 5, 2007, but before September 1, 2010; and (ii) Is not counted toward compliance with S8.1; or (2) Is manufactured on or after September 1, 2009, but before September 1, 2010. (c) For purposes of complying with S8.3, a manufacturer may count a vehicle if it: (1)(i) Is certified as complying with this standard and is manufactured on or after June 5, 2007, but before September 1, 2011; and (ii) Is not counted toward compliance with S8.1 or S8.2; or (2) Is manufactured on or after September 1, 2010, but before September 1, 2011. S8.6 Vehicles produced by more than one manufacturer. S8.6.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S8.1 through S8.4, a vehicle produced by more than one manufacturer must be attributed to a single manufacturer as follows, subject to S8.6.2: (a) A vehicle that is imported must be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, must be attributed to the manufacturer that markets the vehicle. S8.6.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration [[Page 644]] under 49 CFR Part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S8.6.1. S8.7 Small volume manufacturers. Vehicles manufactured during any of the three years of the September 1, 2008 through August 31, 2011 phase-in by a manufacturer that produces fewer than 5,000 vehicles for sale in the United States during that year are not subject to the requirements of S8.1, S8.2, S8.3, and S8.5. S8.8 Final-stage manufacturers and alterers. Vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having previously been certified in accordance with part 567 of this chapter are not subject to the requirements of S8.1 through S8.5. Instead, all vehicles produced by these manufacturers on or after September 1, 2012 must comply with this standard. [[Page 645]] [GRAPHIC] [TIFF OMITTED] TR06AP07.006 [72 FR 17310, Apr. 6, 2007, as amended at 72 FR 34410, June 22, 2007; 73 FR 54542, Sept. 22, 2008; 76 FR 55833, Sept. 9, 2011; 77 FR 760, Jan. 6, 2012; 87 FR 34810, June 8, 2022] [[Page 646]] Sec. Sec. 571.127-571.128 [Reserved] Sec. 571.129 Standard No. 129; New non-pneumatic tires for passenger cars. S1 Scope. This standard specifies tire dimensions and laboratory test requirements for lateral strength, strength, endurance, and high speed performance; defines the tire load rating; and specifies labeling requirements for non-pneumatic spare tires. S2 Application. This standard applies to new temporary spare non- pneumatic tires for use on passenger cars. S3 Definitions. Carcass means the tire structure except for the tread which provides the major portion of the tire's capability to deflect in response to the vertical loads and tractive forces that the tire transmits from the roadway to the non-pneumatic rim, the wheel center member, or the vehicle and which attaches to the vehicle or attaches, either integrally or separably, to the wheel center member or non-pneumatic rim. Carcass separation means the pulling away of the carcass from the non-pneumatic rim or wheel center member. Chunking means the breaking away of pieces of the carcass or tread. Cracking means any parting within the carcass, tread, or any components that connect the tire to the non-pneumatic rim or wheel center member and, if the non-pneumatic tire is integral with the non- pneumatic rim or wheel center member, any parting within the non- pneumatic rim, or wheel center member. Load rating means the maximum load a tire is rated to carry. Maximum tire width means the greater of either the linear distance between the exterior edges of the carcass or the linear distance between the exterior edges of the tread, both being measured parallel to the rolling axis of the tire. Non-pneumatic rim means a mechanical device which, when a non- pneumatic tire assembly incorporates a wheel, supports the tire, and attaches, either integrally or separably, to the wheel center member and upon which the tire is attached. Non-pneumatic test rim means with reference to a tire to be tested, any non-pneumatic rim that is listed as appropriate for use with that tire in accordance with S4.4. Non-pneumatic tire means a mechanical device which transmits, either directly or through a wheel or wheel center member, the vertical load and tractive forces from the roadway to the vehicle, generates the tractive forces that provide the directional control of the vehicle and does not rely on the containment of any gas or fluid for providing those functions. Non-pneumatic tire assembly means a non-pneumatic tire, alone or in combination with a wheel or wheel center member, which can be mounted on a vehicle. Non-pneumatic tire identification code means an alphanumeric code that is assigned by the manufacturer to identify the tire with regard to its size, application to a specific non-pneumatic rim or wheel center member or application to a specific vehicle. Test wheel center member means with reference to a tire to be tested, any wheel center member that is listed as appropriate for use with that tire in accordance with S4.4. Tread means that portion of the tire that comes in contact with the road. Tread separation means pulling away of the tread from the carcass. Wheel means a mechanical device which consists of a non-pneumatic rim and wheel center member and which, in the case of a non-pneumatic tire assembly incorporating a wheel, provides the connection between the tire and the vehicle. Wheel center member means, in the case of a non-pneumatic tire assembly incorporating a wheel, a mechanical device which attaches, either integrally or separably, to the non-pneumatic rim and provides the connection between the non-pneumatic rim and the vehicle; or in the case of a non-pneumatic tire assembly not incorporating a wheel, a mechanical device which attaches, either integrally or separably, to the non-pneumatic tire and provides the connection between the tire and the vehicle. S4 Requirements. S4.1 Size and Construction. Each tire shall be designed to fit each non-pneumatic rim or wheel center member specified for its non-pneumatic tire [[Page 647]] identification code designation in a listing in accordance with section S4.4. S4.2 Performance Requirements S4.2.1 General. Each tire shall conform to the following: (a) Its load rating shall be that specified in a submission made by a manufacturer, pursuant to S4.4(a), or in one of the publications described in S4.4(b) for its non-pneumatic tire identification code designation. (b) It shall incorporate a tread wear indicator that will provide a visual indication that the tire has worn to a tread depth of \1/16\ inch. (c) It shall, before being subjected to either the endurance test procedure specified in S5.4 or the high speed performance procedure specified in S5.5, exhibit no visual evidence of tread or carcass separation, chunking or cracking. (d) It shall meet the requirements of S4.2.2.5 and S4.2.2.6 when tested on a test wheel described in S5.4.2.1 either alone or simultaneously with up to 5 tires. S4.2.2 Test Requirements. S.4.2.2.1 Test Sample. For each test sample use: (a) One tire for physical dimensions, lateral strength, and strength in sequence; (b) A second tire for tire endurance; and (c) A third tire for high speed performance. S4.2.2.2 Physical Dimensions. For a non-pneumatic tire assembly in which the tire is separable from the non-pneumatic rim or wheel center member, the dimensions, measured in accordance with S5.1, for that portion of the tire that attaches to that non-pneumatic rim or wheel center member shall satisfy the dimensional specifications contained in the submission made by an individual manufacturer, pursuant to S4.4(a), or in one of the publications described in S4.4(b) for that tire's non- pneumatic tire identification code designation. S4.2.2.3 Lateral Strength. There shall be no visual evidence of tread or carcass separation, cracking or chunking, when a tire is tested in accordance with S5.2 to a load of: (a) 1,500 pounds for tires with a load rating less than 880 pounds; (b) 2,000 pounds for tires with a load rating of 880 pounds or more but less than 1,400 pounds. (c) 2,500 pounds for tires with a load rating of 1,400 pounds or more, using the load rating marked on the tire or tire assembly. S4.2.2.4 Tire Strength. There shall be no visual evidence of tread carcass separation, cracking or chunking, when a tire is tested in accordance with S5.3 to a minimum energy level of: ------------------------------------------------------------------------ Load rating Minimum energy level ------------------------------------------------------------------------ Below 880 pounds...................... 1950 inch pounds. 880 pounds and above.................. 2600 inch pounds. ------------------------------------------------------------------------ S4.2.2.5 Tire Endurance. When the tire has been subjected to the laboratory endurance test specified in S5.4, using, if applicable, a non-pneumatic test rim or test wheel center member that undergoes no permanent deformation, there shall be no visual evidence of tread or carcass separation, cracking or chunking. In the case of a non-pneumatic tire assembly in which the non-pneumatic tire is an integral part of the assembly, the assembly shall undergo no permanent deformation with the exception of wear of the tread. S4.2.2.6 High Speed Performance. When the tire has been subjected to the laboratory high speed performance test specified in S5.5, using if applicable, a non-pneumatic test rim or test wheel center member that undergoes no permanent deformation, there shall be no visual evidence of tread or carcass separation, cracking or chunking. In the case of a non- pneumatic tire assembly in which the non-pneumatic tire is an integral part of the assembly, the assembly shall undergo no permanent deformation with the exception of wear of the tread. S4.3 Labeling requirements. Each new non-pneumatic tire shall comply, according to the phase-in schedule specified in S7 of this standard, with the requirements of S5.5 and S5.5.1 of Sec. 571.139. S4.4 Non-Pneumatic Tire Identification Code and Non-Pneumatic Rim/ Wheel Center Member Matching Information. For purposes of this standard, S8 of 49 CFR 571.110 and S10 of 49 CFR 571.120, each manufacturer of a non-pneumatic tire that is not an integral part of a [[Page 648]] non-pneumatic tire assembly shall ensure that it provides a listing to the public for each non-pneumatic tire that it produces. The listing shall include the non-pneumatic tire identification code, tire load rating, dimensional specifications and a diagram of the portion of the tire that attaches to the non-pneumatic rim or wheel center member, and a list of the non-pneumatic rims or wheel center members that may be used with that tire. For each non-pneumatic rim or wheel center member included in such a listing, the information provided shall include a size and type designation for the non-pneumatic rim or wheel center member, and dimensional specifications and a diagram of the non- pneumatic rim or portion of the wheel center member that attaches to the tire. A listing compiled in accordance with paragraph (a) of this section need not include dimensional specifications or a diagram of the non-pneumatic rim or portion of the wheel center member that attaches to the tire if the non-pneumatic rim's or portion of the wheel center member's dimensional specifications and diagram are contained in each listing published in accordance with paragraph (b) of this section. The listing shall be in one of the following forms: (a) Listed by manufacturer name or brand name in a document furnished to dealers of the manufacturer's tires or, in the case of non- pneumatic tires supplied only as a temporary spare tire on a vehicle, in a document furnished to dealers of vehicles equipped with the tires, to any person upon request, and in duplicate to the Office of Vehicle Safety Standards, Crash Avoidance Division, National Highway Traffic Safety Administration, U.S. Department of Transportation, Washington, DC 20590; or (b) Contained in publications, current at the date of manufacture of the tire or any later date, of at least one of the following organizations: The Tire and Rim Association The European Tyre and Rim Technical Organization Japan Automobile Tire Manufacturers' Association, Inc. Deutche Industrie Norm British Standards Institute Scandinavian Tire and Rim Organization Tyre and Rim Association of Australia S5. Test Procedures. S5.1 Physical Dimensions. After conditioning the tire at room temperature for at least 24 hours, using equipment with minimum measurement capabilities of one-half the smallest tolerance specified in the listing contained in the submission made by a manufacturer pursuant to S4.4(a), or in one of the publications described in S4.4(b) for that tire's non-pneumatic tire identification code designation, measure the portion of the tire that attaches to the non-pneumatic rim or the wheel center member. For any inner diameter dimensional specifications, or other dimensional specifications that are uniform or uniformly spaced around some circumference of the tire, these measurements shall be taken at least six points around the tire, or, if specified, at the points specified in the listing contained in the submission made by an individual manufacturer, pursuant to S4.4(a), or in one of the publications described in S4.4(b) for that tire's non-pneumatic tire identification code designation. S5.2 Lateral Strength. S5.2.1 Preparation of the tire. S5.2.1.1 If applicable, mount a new tire on a non-pneumatic test rim or test wheel center member. S5.2.1.2 Mount the tire assembly in a fixture as shown in Figure 1 with the surface of the tire assembly that would face outward when mounted on a vehicle facing toward the lateral strength test block shown in Figure 2 and force the lateral strength test block against the tire. S5.2.2 Test Procedure. S5.2.2.1 Apply a load through the block to the tire at a rate of 2 inches per minute, with the load arm parallel to the tire assembly at the time of engagement and the first point of contact with the test block being the test block centerline shown in Figure 2, at the following distances, B, in sequence, as shown in Figure 1: B = A--1 inch B = A--2 inches B = A--3 inches B = A--4 inches B = A--5 inches, and B = A--6 inches. However, if at any time during the conduct of the test, the test block comes [[Page 649]] in contact with the non-pneumatic test rim or test wheel center member, the test shall be suspended and no further testing at smaller values of the distance B shall be conducted. When tested to the above procedure, satisfying the requirements of S4.2.2.3 for all values of B greater than that for which contact between the non-pneumatic test rim or test wheel center member and the test block is made, shall constitute compliance to the requirements set forth in S4.2.2.3. S5.3 Tire Strength. S5.3.1 Preparation of the Tire. S5.3.1.1 If applicable, mount the tire on a non-pneumatic test rim or test wheel center member. S5.3.1.2 Condition the tire assembly at room temperature for at least three hours. S5.3.2 Test Procedures. S5.3.2.1 Force the test cleat, as defined in S5.3.2.2, with its length axis (see S5.3.2.2(a)) parallel to the rolling axis of the non- pneumatic tire assembly, and its height axis (see S5.3.2.2(c)), coinciding with a radius of the non-pneumatic tire assembly, into the tread of the tire at five test points equally spaced around the circumference of the tire. At each test point, the test cleat is forced into the tire at a rate of two inches per minute until the applicable minimum energy level, as shown in S4.2.2.4, calculated using the formula contained in S5.3.2.3, is reached. S5.3.2.2 The test cleat is made of steel and has the following dimensions; (a) Minimum length of one inch greater than the maximum tire width of the tire, (b) Width of one-half inch with the surface which contacts the tire's tread having one-quarter inch radius, and (c) Minimum height of one inch greater than the difference between the unloaded radius of the non-pneumatic tire assembly and the maximum radius of the non-pneumatic rim or wheel center member, if used with the non-pneumatic tire assembly being tested. S5.3.2.3 The energy level is calculated by the following formula: [GRAPHIC] [TIFF OMITTED] TC01AU91.066 where E = Energy level, inch-pounds; F = Force, pounds; and P = Penetration, inches S5.4 Tire Endurance. S5.4.1 Preparation of the tire. S5.4.1.1 If applicable, mount a new tire on a non-pneumatic test rim or test wheel center member. S5.4.1.2 Condition the tire assembly to 100 5 [deg]F. for at least three hours. S5.4.2 Test Procedure. S5.4.2.1 Mount the tire assembly on a test axle and press it against a flat-faced steel test wheel 67.23 inches in diameter and at least as wide as the maximum tire width of the tire to be tested or an approved equivalent test wheel, with the applicable test load specified in the table in S5.4.2.3 for the tire's non-pneumatic tire identification code designation. S5.4.2.2 During the test, the air surrounding the test area shall be 100 5 [deg]F. S5.4.2.3 Conduct the test at 50 miles per hour (m.p.h.) in accordance with the following schedule without interruption: The loads for the following periods are the specified percentage of the load rating marked on the tire or tire assembly: Percent 4 hours...............................................................85 86 hours..............................................................90 24 hours.............................................................100 S5.4.2.4 Immediately after running the tire the required time, allow the tire to cool for one hour, then, if applicable, detach it from the non-pneumatic test rim or test wheel center member, and inspect it for the conditions specified in S4.2.2.5. S5.5 High Speed Endurance. S5.5.1 After preparing the tire in accordance with S5.4.1, if applicable, mount the tire assembly in accordance with S5.4.2.1, and press it against the test wheel with a load of 88 percent of the tire's load rating as marked on the tire or tire assembly. S5.5.2 Break in the tire by running it for 2 hours at 50 m.p.h. S5.5.3 Allow to cool to 100 5 [deg]F. S5.5.4 Test at 75 m.p.h. for 30 minutes, 80 m.p.h. for 30 minutes and 85 m.p.h. for 30 minutes. S5.5.5 Immediately after running the tire for the required time, allow [[Page 650]] the tire to cool for one hour, then, if applicable, detach it from the non-pneumatic test rim or test wheel center member, and inspect it for the conditions specified in S4.2.2.6. S6. Nonconforming tires. Any non-pneumatic tire that is designed for use on passenger cars that does not conform to all the requirements of this standard, shall not be sold, offered for sale, introduced or delivered for introduction into interstate commerce, or imported into the United States, for any purpose. S7 Phase-In Schedule for labeling requirements. S7.1 Tires manufactured on or after September 1, 2005 and before September 1, 2006. For tires manufactured on or after September 1, 2005 and before September 1, 2006, the number of tires complying with S4.3 of this standard must be equal to not less than 40% of the manufacturer's production during that period. S7.2 Tires manufactured on or after September 1, 2006 and before September 1, 2007. For tires manufactured on or after September 1, 2006 and before September 1, 2007, the number of tires complying with S4.3 of this standard must be equal to not less than 70% of the manufacturer's production during that period. S7.3 Tires manufactured on or after September 1, 2007. Each tire must comply with S6.3 of this standard. [[Page 651]] [GRAPHIC] [TIFF OMITTED] TC01AU91.067 [[Page 652]] [GRAPHIC] [TIFF OMITTED] TC01AU91.068 [55 FR 29590, July 20, 1990, as amended at 56 FR 19312, Apr. 26, 1991; 67 FR 69627, Nov. 18, 2002; 69 FR 31319, June 3, 2004] [[Page 653]] Sec. 571.131 Standard No. 131; School bus pedestrian safety devices. S1. Scope. This standard establishes requirements for devices that can be installed on school buses to improve the safety of pedestrians in the vicinity of stopped school buses. S2. Purpose. The purpose of this standard is to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the bus. S3. Application. This standard applies to school buses other than multifunction school activity buses. S4. Definitions. Stop signal arm means a device that can be extended outward from the side of a school bus to provide a signal to other motorists not to pass the bus because it has stopped to load or discharge passengers. S5. Requirements. Each school bus shall be equipped with a stop signal arm meeting the requirements of S5.1 through S5.5 as depicted in Figure 1. [GRAPHIC] [TIFF OMITTED] TC01AU91.069 S5.1 The stop signal arm shall be a regular octagon which is at least 450 mm x 450 mm (17.72 inches x 17.72 inches) in diameter. S5.2 The stop signal arm shall be red on both sides, except as provided in S5.2.1 and S5.2.2, and S5.2.3. S5.2.1 The stop signal arm shall have a white border at least 12 mm (0.47 inches) wide on both sides, except as provided in S5.2.3. Mounting brackets, clips, bolts, or other components necessary to the mechanical or electrical operation of the stop signal arm may not obscure more than 15 percent of the border on each side of the stop arm. The portion of the border that may be obscured is in addition to that portion which may be obscured by the two red lamps specified in S5.3.2. S.5.2.2 The stop signal arm shall have the word ``STOP'' displayed in white upper-case letters on both sides, except as provided in S5.2.3. The letters shall be at least 150 mm (5.9 inches) in height. The letters shall have a stroke width of at least 20 mm (0.79 inches), except as provided in S.5.3.1.1. [[Page 654]] S5.2.3 When two stop signal arms are installed on a school bus, the rearmost stop signal arm shall not contain any lettering, symbols, or markings on the forward side. S5.3 Conspicuity. The stop signal arm shall comply with either S5.3.1 or S5.3.2, or both. S5.3.1 Except as provided in S5.3.1.1, S5.3.1.2, or S5.3.1.3, the entire surface of both sides of each stop signal arm shall be reflectorized with Type III retroreflectorized material that meets the minimum specific intensity requirements of S6.1 and Table I. S.5.3.1.1 The legend of the retroreflective stop arm may be illuminated in a manner such that light is emitted from the surface of each letter or from the area immediately surrounding each letter. Only red lamps may be used. They shall form the complete shape of each letter of the legend, and shall be affixed to all letters (or to the areas immediately surrounding all letters) in the legend. The shape of each letter shall remain constant and, if the lamps are contained within each letter, the net stroke width (stroke width minus the width of the lamp(s)) of each letter of the legend, specified in S5.2.2, shall not be less than 15 mm (0.59 inch). When the stop arm is extended, the lamps shall flash at the rate specified in S6.2.2, with a current ``on'' time specified in S6.2.2.1. All lamps shall be positioned in one of the two following ways: (1) centered within the stroke of each letter of the legend, or (2) outlining each letter of the legend. S5.3.1.2 Nonreflectorized mounting brackets, clips, bolts, or other components necessary to the mechanical or electrical operation of the stop signal arm shall not obscure more than 7.5 percent of the total surface area of either side of the stop signal arm. S5.3.1.3 When two stop signal arms are installed on a school bus, the forward side of the rearmost stop signal arm shall not be reflectorized. S5.3.2 Each side of the stop signal arm shall have at least two red lamps that meet the requirements of S6.2. The lamps shall be centered on the vertical centerline of the stop arm. One of the lamps shall be located at the extreme top of the stop arm and the other at its extreme bottom. S5.4 The stop signal arm shall be installed on the left side of the bus. S5.4.1 The stop signal arm shall be located such that, when in the extended position: (a) The stop signal arm is perpendicular to the side of the bus, plus or minus five degrees; (b) The top edge of the stop signal arm is parallel to and not more than 6 inches from a horizontal plane tangent to the lower edge of the frame of the passenger window immediately behind the driver's window; and (c) The vertical centerline of the stop signal arm is not less than 9 inches away from the side of the school bus. S5.4.2 A second stop signal arm may be installed on a school bus. That stop signal arm shall comply with S5.4 and S5.4.1. S5.5 The stop signal arm shall be automatically extended in such a manner that it complies with S5.4.1, at a minimum whenever the red signal lamps required by S5.1.4 of Standard No. 108 are activated; except that a device may be installed that prevents the automatic extension of a stop signal arm. The mechanism for activating the device shall be within the reach of the driver. While the device is activated, a continuous or intermittent signal audible to the driver shall sound. The audible signal may be equipped with a timing device requiring the signal to sound for at least 60 seconds. If a timing device is used, it shall automatically recycle every time the service entry door is opened while the engine is running and the manual override is engaged. S6 Test Procedures. S6.1 Reflectivity Test. When tested under the conditions specified in S6.2 (b), (c), and (d) of Federal motor vehicle safety standard 125, Warning Devices, (49 CFR 571.125), the retroreflective materials shall meet the criteria specified in table 1. [[Page 655]] Table 1--Minimum Specific Intensity Per Unit Area (SIA) (Candelas per Footcandle Per Square Foot) ------------------------------------------------------------------------ Entrance Observation Angle ([deg]) Angle White Red ([deg]) ------------------------------------------------------------------------ Type III Retroreflective Element Material ------------------------------------------------------------------------ A--Glass Bead Retroreflective Element Material ------------------------------------------------------------------------ 0.2........................................ -4 250 45 0.2........................................ + 30 150 25 0.5........................................ -4 95 15 0.5........................................ + 30 65 10 -------------------------------------------- B--Prismatic Retroreflective Element Material ------------------------------------------------------------------------ 0.2........................................ -4 250 45 0.2........................................ + 30 95 13.3 0.5........................................ -4 200 28 0.5........................................ + 30 65 10 ------------------------------------------------------------------------ S6.2 Lighting Tests. S6.2.1 Color. The procedure shall be done in accordance with SAE Recommended Practice J578-1988 (incorporated by reference, see Sec. 571.5). When visually compared to the light emitted from a filter/source with a combination of chromaticity coordinates as explained in SAE Recommended Practice J578-1988 within specific boundaries [y = 0.33 (yellow boundary) and y = 0.98-- x (purple boundary)] the color of light emitted from the test object shall not be less saturated (paler), yellower, or purpler. The test object shall be placed perpendicular to the light source to simulate lamps on stop signal arms. In making visual comparisons, the light from the test object shall light one portion of a comparison field and the light from the filter/source standard shall light an adjacent area. To make a valid visual comparison, the two fields to be viewed shall be of near equal luminance. S6.2.2. Flash rate. The lamps on each side of the stop signal arm, when operated at the manufacturer's design load, shall flash alternately at a rate of 60 to 120 flashes per minute. S6.2.2.1 Lamps, except those subject to S6.2.2.2, shall have a current ``on'' time of 30 to 75 percent of the total flash cycle. The total current ``on'' time for the two terminals shall be between 90 and 110 percent of the total flash cycle. S6.2.2.2 Xenon short-arc gaseous discharge lamps shall have an ``off'' time before each flash of at least 50 percent of the total flash cycle. S6.2.3 Vibration, Moisture, Dust, Corrosion, Photometry, and Warpage Tests. The procedure shall be done in accordance with SAE Recommended Practice J575-1983 (incorporated by reference, see Sec. 571.5) and SAE Recommended Practice J1133 (1984) (incorporated by reference, see Sec. 571.5). Lamps and lighting components shall meet the criteria for vibration, moisture, dust, corrosion, photometry, and warpage in SAE Recommended Practice J575-1983 and SAE Recommended Practice J1133 (1984) under the test conditions specified herein. [56 FR 20370, May 3, 1991, as amended at 57 FR 40134, Sept. 2, 1992; 59 FR 26761, May 24, 1994; 63 FR 29143, May 28, 1998; 68 FR 44901, July 31, 2003; 77 FR 760, Jan. 6, 2012] Sec. 571.135 Standard No. 135; Light vehicle brake systems. S1. Scope. This standard specifies requirements for service brake and associated parking brake systems. S2. Purpose. The purpose of this standard is to ensure safe braking performance under normal and emergency driving conditions. S3. Application. This standard applies to passenger cars manufactured on or after September 1, 2000 and to multi-purpose passenger vehicles, trucks and buses with a gross vehicle weight rating (GVWR) of 3,500 kilograms (7,716 pounds) or less, manufactured on or after September 1, 2002. In addition, at the option of the manufacturer, passenger cars manufactured before September 1, 2000, and multi-purpose passenger vehicles, trucks and buses with a GVWR of 3,500 kilograms (7,716 pounds) or less, manufactured before September 1, 2002, may meet the requirements of this standard instead of Federal Motor Vehicle No. 105, Hydraulic Brake Systems. S4. Definitions. Adhesion utilization curves means curves showing, for specified load conditions, the adhesion utilized by each axle of a vehicle plotted against the braking ratio of the vehicle. Antilock brake system or ABS means a portion of a service brake system that automatically controls the degree of rotational wheel slip during braking by: [[Page 656]] (1) Sensing the rate of angular rotation of the wheels; (2) Transmitting signals regarding the rate of wheel angular rotation to one or more controlling devices which interpret those signals and generate responsive controlling output signals; and (3) Transmitting those controlling signals to one or more modulator devices which adjust brake actuating forces in response to those signals. Backup system means a portion of a service brake system, such as a pump, that automatically supplies energy in the event of a primary brake power source failure. Brake factor means the slope of the linear least squares regression equation best representing the measured torque output of a brake as a function of the measured applied line pressure during a given brake application for which no wheel lockup occurs. Brake hold-off pressure means the maximum applied line pressure for which no brake torque is developed, as predicted by the pressure axis intercept of the linear least squares regression equation best representing the measured torque output of a brake as a function of the measured applied line pressure during a given brake application. Brake power assist unit means a device installed in a hydraulic brake system that reduces the amount of muscular force that a driver must apply to actuate the system, and that, if inoperative, does not prevent the driver from braking the vehicle by a continued application of muscular force on the service brake control. Brake power unit means a device installed in a brake system that provides the energy required to actuate the brakes, either directly or indirectly through an auxiliary device, with driver action consisting only of modulating the energy application level. Braking ratio means the deceleration of the vehicle divided by the gravitational acceleration constant. Electric vehicle or EV means a motor vehicle that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electrical current, and which may include a non-electrical source of power designed to charge batteries and components thereof. Electrically-actuated service brakes means service brakes that utilize electrical energy to actuate the foundation brakes. Functional failure means a failure of a component (either electrical or mechanical in nature) which renders the system totally or partially inoperative yet the structural integrity of the system is maintained. Hydraulic brake system means a system that uses hydraulic fluid as a medium for transmitting force from a service brake control to the service brake and that may incorporate a brake power assist unit, or a brake power unit. Initial brake temperature or IBT means the average temperature of the service brakes on the hottest axle of the vehicle 0.32 km (0.2 miles) before any brake application. Lightly loaded vehicle weight or LLVW means unloaded vehicle weight plus the weight of a mass of 180 kg (396 pounds), including driver and instrumentation. Maximum speed of a vehicle or VMax means the highest speed attainable by accelerating at a maximum rate from a standing start for a distance of 3.2 km (2 miles) on a level surface, with the vehicle at its lightly loaded vehicle weight, and, if an EV, with the propulsion batteries at a state of charge of not less than 95 percent at the beginning of the run. Objective brake factor means the arithmetic average of all the brake factors measured over the twenty brake applications defined in S7.4, for all wheel positions having a given brake configuration. Peak friction coefficient or PFC means the ratio of the maximum value of braking test wheel longitudinal force to the simultaneous vertical force occurring prior to wheel lockup, as the braking torque is progressively increased. Pressure component means a brake system component that contains the brake system fluid and controls or senses the fluid pressure. Regenerative braking system or RBS means an electrical energy system that is installed in an EV for recovering or [[Page 657]] dissipating kinetic energy, and which uses the propulsion motor(s) as a retarder for partial braking of the EV while returning electrical energy to the propulsion battery(s) or dissipating electrical energy. Snub means the braking deceleration of a vehicle from a higher reference speed to a lower reference speed that is greater than zero. Split service brake system means a brake system consisting of two or more subsystems actuated by a single control, designed so that a single failure in any subsystem (such as a leakage-type failure of a pressure component of a hydraulic subsystem except structural failure of a housing that is common to two or more subsystems, or an electrical failure in an electric subsystem) does not impair the operation of any other subsystem. Stopping distance means the distance traveled by a vehicle from the point of application of force to the brake control to the point at which the vehicle reaches a full stop. Variable brake proportioning system means a system that has one or more proportioning devices which automatically change the brake pressure ratio between any two or more wheels to compensate for changes in wheel loading due to static load changes and/or dynamic weight transfer, or due to deceleration. Wheel lockup means 100 percent wheel slip. S5. Equipment requirements. S5.1. Service brake system. Each vehicle shall be equipped with a service brake system acting on all wheels. S5.1.1. Wear adjustment. Wear of the service brakes shall be compensated for by means of a system of automatic adjustment. S5.1.2. Wear status. The wear condition of all service brakes shall be indicated by either: (a) Acoustic or optical devices warning the driver at his or her driving position when lining replacement is necessary, or (b) A means of visually checking the degree of brake lining wear, from the outside or underside of the vehicle, utilizing only the tools or equipment normally supplied with the vehicle. The removal of wheels is permitted for this purpose. S5.1.3 Regenerative braking system. (a) For an EV equipped with RBS, the RBS is considered to be part of the service brake system if it is automatically activated by an application of the service brake control, if there is no means provided for the driver to disconnect or otherwise deactivate it, and if it is activated in all transmission positions, including neutral. (b) For an EV that is equipped with both ABS and RBS that is part of the service brake system, the ABS must control the RBS. S5.2. Parking brake system. Each vehicle shall be equipped with a parking brake system of a friction type with solely mechanical means to retain engagement. S5.3. Controls. S5.3.1. The service brakes shall be activated by means of a foot control. The control of the parking brake shall be independent of the service brake control, and may be either a hand or foot control. S5.3.2. For vehicles equipped with ABS, a control to manually disable the ABS, either fully or partially, is prohibited. S5.4. Reservoirs. S5.4.1. Master cylinder reservoirs. A master cylinder shall have a reservoir compartment for each service brake subsystem serviced by the master cylinder. Loss of fluid from one compartment shall not result in a complete loss of brake fluid from another compartment. S5.4.2. Reservoir capacity. Reservoirs, whether for master cylinders or other type systems, shall have a total minimum capacity equivalent to the fluid displacement resulting when all the wheel cylinders or caliper pistons serviced by the reservoirs move from a new lining, fully retracted position (as adjusted initially to the manufacturer's recommended setting) to a fully worn, fully applied position, as determined in accordance with S7.17(c) of this standard. Reservoirs shall have completely separate compartments for each subsystem except that in reservoir systems utilizing a portion of the reservoir for a common supply to two or more subsystems, individual partial [[Page 658]] compartments shall each have a minimum volume of fluid equal to at least the volume displaced by the master cylinder piston servicing the subsystem, during a full stroke of the piston. Each brake power unit reservoir servicing only the brake system shall have a minimum capacity equivalent to the fluid displacement required to charge the system piston(s) or accumulator(s) to normal operating pressure plus the displacement resulting when all the wheel cylinders or caliper pistons serviced by the reservoir or accumulator(s) move from a new lining, fully retracted position (as adjusted initially to the manufacturer's recommended setting) to a fully worn, fully applied position. S5.4.3. Reservoir labeling. Each vehicle equipped with hydraulic brakes shall have a brake fluid warning statement that reads as follows, in letters at least 3.2 mm (\1/8\ inch) high: ``WARNING: Clean filler cap before removing. Use only ______ fluid from a sealed container.'' (Inserting the recommended type of brake fluid as specified in 49 CFR 571.116, e.g., ``DOT 3.'') The lettering shall be: (a) Permanently affixed, engraved or embossed; (b) Located so as to be visible by direct view, either on or within 100 mm (3.94 inches) of the brake fluid reservoir filler plug or cap; and (c) Of a color that contrasts with its background, if it is not engraved or embossed. S5.4.4. Fluid level indication. Brake fluid reservoirs shall be so constructed that the level of fluid can be checked without need for the reservoir to be opened. This requirement is deemed to have been met if the vehicle is equipped with a transparent brake fluid reservoir or a brake fluid level indicator meeting the requirements of S5.5.1(a)(1). S5.5. Brake system warning indicator. Each vehicle shall have one or more visual brake system warning indicators, mounted in front of and in clear view of the driver, which meet the requirements of S5.5.1 through S5.5.5. In addition, a vehicle manufactured without a split service brake system shall be equipped with an audible warning signal that activates under the conditions specified in S5.5.1(a). S5.5.1. Activation. An indicator shall be activated when the ignition (start) switch is in the ``on'' (``run'') position and whenever any of conditions (a) through (g) occur: (a) A gross loss of fluid or fluid pressure (such as caused by rupture of a brake line but not by a structural failure of a housing that is common to two or more subsystems) as indicated by one of the following conditions (chosen at the option of the manufacturer): (1) A drop in the level of the brake fluid in any master cylinder reservoir compartment to less than the recommended safe level specified by the manufacturer or to one-fourth of the fluid capacity of that reservoir compartment, whichever is greater. (2) For vehicles equipped with a split service brake system, a differential pressure of 1.5 MPa (218 psi) between the intact and failed brake subsystems measured at a master cylinder outlet or a slave cylinder outlet. (3) A drop in the supply pressure in a brake power unit to one-half of the normal system pressure. (b) Any electrical functional failure in an antilock or variable brake proportioning system. (c) Application of the parking brake. (d) Brake lining wear-out, if the manufacturer has elected to use an electrical device to provide an optical warning to meet the requirements of S5.1.2(a). (e) For a vehicle with electrically-actuated service brakes, failure of the source of electric power to those brakes, or diminution of state of charge of the batteries to less than a level specified by the manufacturer for the purpose of warning a driver of degraded brake performance. (f) For a vehicle with electric transmission of the service brake control signal, failure of a brake control circuit. (g) For an EV with a regenerative braking system that is part of the service brake system, failure of the RBS. S5.5.2. Function check. (a) All indicators shall be activated as a check function by either: (1) Automatic activation when the ignition (start) switch is turned to the [[Page 659]] ``on'' (``run'') position when the engine is not running, or when the ignition (``start'') switch is in a position between ``on'' (``run'') and ``start'' that is designated by the manufacturer as a check position, or (2) A single manual action by the driver, such as momentary activation of a test button or switch mounted on the instrument panel in front of and in clear view of the driver, or, in the case of an indicator for application of the parking brake, by applying the parking brake when the ignition is in the ``on'' (``run'') position. (b) In the case of a vehicle that has an interlock device that prevents the engine from being started under one or more conditions, check functions meeting the requirements of S5.5.2(a) need not be operational under any condition in which the engine cannot be started. (c) The manufacturer shall explain the brake check function test procedure in the owner's manual. S5.5.3. Duration. Each indicator activated due to a condition specified in S5.5.1 shall remain activated as long as the condition exists, whenever the ignition (``start'') switch is in the ``on'' (``run'') position, whether or not the engine is running. S5.5.4. Function. When a visual warning indicator is activated, it may be continuous or flashing, except that the visual warning indicator on a vehicle not equipped with a split service brake system shall be flashing. The audible warning required for a vehicle manufactured without a split service brake system may be continuous or intermittent. S5.5.5. Labeling. (a) Each visual indicator shall display a word or words in accordance with the requirements of Standard No. 101 (49 CFR 571.101) and this section, which shall be legible to the driver under all daytime and nighttime conditions when activated. Unless otherwise specified, the words shall have letters not less than 3.2 mm (\1/8\ inch) high and the letters and background shall be of contrasting colors, one of which is red. Words or symbols in addition to those required by Standard No. 101 and this section may be provided for purposes of clarity. (b) Vehicles manufactured with a split service brake system may use a common brake warning indicator to indicate two or more of the functions described in S5.5.1(a) through S5.5.1(g). If a common indicator is used, it shall display the word ``Brake.'' (c) A vehicle manufactured without a split service brake system shall use a separate indicator to indicate the failure condition in S5.5.1(a). This indicator shall display the words ``STOP--BRAKE FAILURE'' in block capital letters not less than 6.4 mm (\1/4\ inch) in height. (d) If separate indicators are used for one or more of the conditions described in S5.5.1(a) through S5.5.1(g), the indicators shall display the following wording: (1) If a separate indicator is provided for the low brake fluid condition in S5.5.1(a)(1), the words ``Brake Fluid'' shall be used except for vehicles using hydraulic system mineral oil. (2) If a separate indicator is provided for the gross loss of pressure condition in S5.5.1(a)(2), the words ``Brake Pressure'' shall be used. (3) If a separate indicator is provided for the condition specified in S5.5.1(b), the letters and background shall be of contrasting colors, one of which is yellow. The indicator shall be labeled with the words ``Antilock'' or ``Anti-lock'' or ``ABS''; or ``Brake Proportioning,'' in accordance with Table 1 of Standard No. 101. (4) If a separate indicator is provided for application of the parking brake as specified for S5.5.1(c), the single word ``Park'' or the words ``Parking Brake'' may be used. (5) If a separate indicator is provided to indicate brake lining wear-out as specified in S5.5.1(d), the words ``Brake Wear'' shall be used. (6) If a separate indicator is provided for the condition specified in S5.5.1(g), the letters and background shall be of contrasting colors, one of which is yellow. The indicator shall be labeled with the symbol ``RBS.'' RBS failure in a system that is part of the service brake system may also be indicated by a yellow lamp that also indicates ``ABS'' failure and displays the symbol ``ABS/RBS.'' (7) If a separate indicator is provided for any other function, the display [[Page 660]] shall include the word ``Brake'' and the appropriate additional labeling. S5.6. Brake system integrity. Each vehicle shall meet the complete performance requirements of this standard without: (a) Detachment or fracture of any component of the braking system, such as brake springs and brake shoes or disc pad facings other than minor cracks that do not impair attachment of the friction facings. All mechanical components of the braking system shall be intact and functional. Friction facing tearout (complete detachment of lining) shall not exceed 10 percent of the lining on any single frictional element. (b) Any visible brake fluid or lubricant on the friction surface of the brake, or leakage at the master cylinder or brake power unit reservoir cover, seal, and filler openings. S6. General test conditions. Each vehicle must meet the performance requirements specified in S7 under the following test conditions and in accordance with the test procedures and test sequence specified. Where a range of conditions is specified, the vehicle must meet the requirements at all points within the range. S6.1. Ambient conditions. S6.1.1. Ambient temperature. The ambient temperature is any temperature between 0 [deg]C (32 [deg]F) and 40 [deg]C (104 [deg]F). S6.1.2. Wind speed. The wind speed is not greater than 5 m/s (11.2 mph). S6.2. Road test surface. S6.2.1. Pavement friction. Unless otherwise specified, the road test surface produces a peak friction coefficient (PFC) of 1.02 when measured using an ASTM F2493 standard reference test tire, in accordance with ASTM E1337-19 (incorporated by reference, see Sec. 571.5), at a speed of 64.4 km/h (40 mph), without water delivery. S6.2.2. Gradient. Except for the parking brake gradient holding test, the test surface has no more than a 1% gradient in the direction of testing and no more than a 2% gradient perpendicular to the direction of testing. S6.2.3. Lane width. Road tests are conducted on a test lane 3.5 m (11.5 ft) wide. S6.3. Vehicle conditions. S6.3.1. Vehicle weight. S6.3.1.1. For the tests at GVWR, the vehicle is loaded to its GVWR such that the weight on each axle as measured at the tire-ground interface is in proportion to its GAWR, with the fuel tank filled to 100% of capacity. However, if the weight on any axle of a vehicle at LLVW exceeds the axle's proportional share of the GVWR, the load required to reach GVWR is placed so that the weight on that axle remains the same as at LLVW. S6.3.1.2. For the test at LLVW, the vehicle is loaded to its LLVW such that the added weight is distributed in the front passenger seat area. S6.3.2. Fuel tank loading. The fuel tank is filled to 100% of capacity at the beginning of testing and may not be less than 75% of capacity during any part of the testing. S6.3.3. Lining preparation. At the beginning of preparation for the road tests, the brakes of the vehicle are in the same condition as when the vehicle was manufactured. No burnishing or other special preparation is allowed, unless all vehicles sold to the public are similarly prepared as a part of the manufacturing process. S6.3.4. Adjustments and repairs. These requirements must be met without replacing any brake system parts or making any adjustments to the brake system except as specified in this standard. Where brake adjustments are specified (S7.1.3), adjust the brakes, including the parking brakes, in accordance with the manufacturer's recommendation. No brake adjustments are allowed during or between subsequent tests in the test sequence. S6.3.5. Automatic brake adjusters. Automatic adjusters are operational throughout the entire test sequence. They may be adjusted either manually or by other means, as recommended by the manufacturer, only prior to the beginning of the road test sequence. S6.3.6. Antilock brake system (ABS). If a car is equipped with an ABS, the ABS is fully operational for all tests, except where specified in the following sections. S6.3.7. Variable brake proportioning valve. If a car is equipped with a variable brake proportioning system, the proportioning valve is fully operational [[Page 661]] for all tests except the test for failed variable brake proportioning system. S6.3.8. Tire inflation pressure. Tires are inflated to the pressure recommended by the vehicle manufacturer for the GVWR of the vehicle. S6.3.9. Engine. Engine idle speed and ignition timing are set according to the manufacturer's recommendations. If the vehicle is equipped with an adjustable engine speed governor, it is adjusted according to the manufacturer's recommendations. S6.3.10. Vehicle openings. All vehicle openings (doors, windows, hood, trunk, convertible top, cargo doors, etc.) are closed except as required for instrumentation purposes. S6.3.11 State of charge of batteries for EVs. S6.3.11.1 The state of charge of the propulsion batteries is determined in accordance with SAE Recommended Practice J227a (1976) (incorporated by reference, see Sec. 571.5). The applicable sections of J227a (1976) are 3.2.1 through 3.2.4, 3.3.1 through 3.3.2.2, 3.4.1 and 3.4.2, 4.2.1, 5.2, 5.2.1 and 5.3. S6.3.11.2 At the beginning of the burnish procedure (S7.1 of this standard) in the test sequence, each propulsion battery is at the maximum state of charge recommended by the manufacturer, as stated in the vehicle operator's manual or on a label that is permanently attached to the vehicle, of, if the manufacturer has made no recommendation, not less than 95 percent. During the 200-stop burnish procedure, the propulsion batteries are restored to the maximum state of charge determined as above, after each increment of 40 burnish stops until the burnish procedure is complete. The batteries may be charged at a more frequent interval during a particular 40-stop increment only if the EV is incapable of achieving the initial burnish test speed during that increment. During the burnish procedure, the propulsion batteries may be charged by external means or replaced by batteries that are at a state of charge of not less than 95 percent. For an EV having a manual control for setting the level of regenerative braking, the manual control, at the beginning of the burnish procedure, is set to provide maximum regenerative braking throughout the burnish. S6.3.11.3 At the beginning of each performance test in the test sequence (S7.2 through S7.17 of this standard), unless otherwise specified, an EV's propulsion batteries are at the state of charge recommended by the manufacturer, as stated in the vehicle operator's manual or on a label that is permanently attached to the vehicle, or, if the manufacturer has made no recommendation, at a state of charge of not less than 95 percent. No further charging of any propulsion battery occurs during any of the performance tests in the test sequence of this standard. If the propulsion batteries are depleted during a test sequence such that the vehicle reaches automatic shut-down, will not accelerate, or the low state of charge brake warning lamp is illuminated, the vehicle is to be accelerated to brake test speed by auxiliary means. If a battery is replaced rather than recharged, the replacement battery shall be charged and measured for state of charge in accordance with these procedures. S6.3.12 State of charge of batteries for electrically-actuated service brakes. A vehicle equipped with electrically-actuated service brakes also performs the following test series. Conduct 10 stopping tests from a speed of 100 kph or the maximum vehicle speed, whichever is less. At least two of the 10 stopping distances must be less than or equal to 70 meters. The vehicle is loaded to GVWR and the transmission is in the neutral position when the service brake control is actuated and throughout the remainder of the test. Each battery providing power to the electrically-actuated service brakes, shall be in a depleted state of charge for conditions (a), (b), or (c) of this paragraph as appropriate. An auxiliary means may be used to accelerate an EV to test speed. (a) For an EV equipped with electrically-actuated service brakes deriving power from the propulsion batteries and with automatic shut- down capability of the propulsion motor(s), the propulsion batteries are at not more than five percent above the EV actual automatic shut-down critical value. The critical value is determined by measuring the state- of-charge of [[Page 662]] each propulsion battery at the instant that automatic shut-down occurs. (b) For an EV equipped with electrically-actuated service brakes deriving power from the propulsion batteries and with no automatic shut- down capability of the propulsion motor(s), the propulsion batteries are at an average of not more than five percent above the actual state of charge at which the brake failure warning signal, required by S5.5.1(e) of this standard, is illuminated. (c) For a vehicle which has one or more auxiliary batteries that provides electrical energy to operate the electrically-actuated service brakes, each auxiliary battery is at not more than five percent above the actual state of charge at which the brake failure warning signal, required by S5.5.1(e) of this standard, is illuminated. S6.3.13 Electric vehicles. S6.3.13.1 (a) For an EV equipped with an RBS that is part of the service brake system, the RBS is operational during the burnish and all tests, except for the test of a failed RBS. (b) For an EV equipped with an RBS that is not part of the service brake system, the RBS is operational and set to produce the maximum regenerative braking effect during the burnish, and is disabled during the test procedures. If the vehicle is equipped with a neutral gear that automatically disables the RBS, the test procedures which are designated to be conducted in gear may be conducted in neutral. S6.3.13.2 For tests conducted ``in neutral'', the operator of an EV with no ``neutral'' position (or other means such as a clutch for disconnecting the drive train from the propulsion motor(s)) does not apply any electromotive force to the propulsion motor(s). Any electromotive force that is applied to the propulsion motor(s) automatically remains in effect unless otherwise specified by the test procedure. S6.4. Instrumentation. S6.4.1. Brake temperature measurement. The brake temperature is measured by plug-type thermocouples installed in the approximate center of the facing length and width of the most heavily loaded shoe or disc pad, one per brake, as shown in Figure 1. A second thermocouple may be installed at the beginning of the test sequence if the lining wear is expected to reach a point causing the first thermocouple to contact the metal rubbing surface of a drum or rotor. For center-grooved shoes or pads, thermocouples are installed within 3 mm (.12 in) to 6 mm (.24 in) of the groove and as close to the center as possible. S6.4.2. Brake line pressure measurement for the torque wheel test. The vehicle shall be fitted with pressure transducers in each hydraulic circuit. On hydraulically proportioned circuits, the pressure transducer shall be downstream of the operative proportioning valve. S6.4.3. Brake torque measurement for the torque wheel test. The vehicle shall be fitted with torque wheels at each wheel position, including slip ring assemblies and wheel speed indicators to permit wheel lock to be detected. [[Page 663]] [GRAPHIC] [TIFF OMITTED] TC01AU91.070 S6.5. Procedural conditions. S6.5.1. Brake control. All service brake system performance requirements, including the partial system requirements of S7.7, S7.10 and S7.11, must be met solely by use of the service brake control. S6.5.2. Test speeds. If a vehicle is incapable of attaining the specified normal test speed, it is tested at a speed that is a multiple of 5 km/h (3.1 mph) that is 4 to 8 km/h (2.5 to 5.0 mph) less than its maximum speed and its performance must be within a stopping distance given by the formula provided for the specific requirement. S6.5.3. Stopping distance. S6.5.3.1. The braking performance of a vehicle is determined by measuring the stopping distance from a given initial speed. S6.5.3.2. Unless otherwise specified, the vehicle is stopped in the shortest distance achievable (best effort) on all stops. Where more than one stop is required for a given set of test conditions, a vehicle is deemed to comply with the corresponding stopping distance requirements if at least one of the stops is made within the prescribed distance. [[Page 664]] S6.5.3.3. In the stopping distance formulas given for each applicable test (such as S<=0.10V + 0.0060V\2\), S is the maximum stopping distance in meters, and V is the test speed in km/h. S6.5.4. Vehicle position and attitude. S6.5.4.1. The vehicle is aligned in the center of the lane at the start of each brake application. Steering corrections are permitted during each stop. S6.5.4.2. Stops are made without any part of the vehicle leaving the lane and without rotation of the vehicle about its vertical axis of more than 15[deg] from the center line of the test lane at any time during any stop. S6.5.5. Transmission selector control. S6.5.5.1. For tests in neutral, a stop or snub is made in accordance with the following procedures: (a) Exceed the test speed by 6 to 12 km/h (3.7 to 7.5 mph); (b) Close the throttle and coast in gear to approximately 3 km/h (1.9 mph) above the test speed; (c) Shift to neutral; and (d) When the test speed is reached, apply the brakes. S6.5.5.2. For tests in gear, a stop or snub is made in accordance with the following procedures: (a) With the transmission selector in the control position recommended by the manufacturer for driving on a level surface at the applicable test speed, exceed the test speed by 6 to 12 km/h (3.7 to 7.5 mph); (b) Close the throttle and coast in gear; and (c) When the test speed is reached apply the brakes. (d) To avoid engine stall, a manual transmission may be shifted to neutral (or the clutch disengaged) when the vehicle speed is below 30 km/h (18.6 mph). S6.5.6. Initial brake temperature (IBT). If the lower limit of the specified IBT for the first stop in a test sequence (other than a parking brake grade holding test) has not been reached, the brakes are heated to the IBT by making one or more brake applications from a speed of 50 km/h (31.1 mph), at a deceleration rate not greater than 3 m/s\2\ (9.8 fps\2\). S7. Road test procedures and performance requirements. Each vehicle shall meet all the applicable requirements of this section, when tested according to the conditions and procedures set forth below and in S6, in the sequence specified in Table 1: Table 1--Road Test Sequence ------------------------------------------------------------------------ Section Testing order No. ------------------------------------------------------------------------ Vehicle loaded to GVWR: 1 Burnish.................................................. S7.1 2 Wheel lock sequence...................................... S7.2 Vehicle loaded to LLVW: 3 Wheel lock sequence...................................... S7.2 4 ABS performance.......................................... S7.3 5 Torque wheel............................................. S7.4 Vehicle loaded to GVWR: 6 Torque wheel............................................. S7.4 7 Cold effectiveness....................................... S7.5 8 High speed effectiveness................................. S7.6 9 Stops with engine off.................................... S7.7 Vehicle loaded to LLVW: 10 Cold effectiveness...................................... S7.5 11 High speed effectiveness................................ S7.6 12 Failed antilock......................................... S7.8 13 Failed proportioning valve.............................. S7.9 14 Hydraulic circuit failure............................... S7.10 Vehicle loaded to GVWR: 15 Hydraulic circuit failure............................... S7.10 16 Failed antilock......................................... S7.8 17 Failed proportioning valve.............................. S7.9 18 Power brake unit failure................................ S7.11 19 Parking brake........................................... S7.12 20 Heating Snubs........................................... S7.13 21 Hot Performance......................................... S7.14 22 Brake cooling........................................... S7.15 23 Recovery Performance.................................... S7.16 24 Final Inspection........................................ S7.17 ------------------------------------------------------------------------ S7.1. Burnish. S7.1.1. General information. Any pretest instrumentation checks are conducted as part of the burnish procedure, including any necessary rechecks after instrumentation repair, replacement or adjustment. Instrumentation check test conditions must be in accordance with the burnish test procedure specified in S7.1.2 and S7.1.3. S7.1.2. Vehicle conditions. (a) Vehicle load: GVWR only. (b) Transmission position: In gear. S7.1.3. Test conditions and procedures. The road test surface conditions specified in S6.2 do not apply to the burnish procedure. (a) IBT: <=100 [deg]C (212 [deg]F). (b) Test speed: 80 km/h (49.7 mph). (c) Pedal force: Adjust as necessary to maintain specified constant deceleration rate. (d) Deceleration rate: Maintain a constant deceleration rate of 3.0 m/s\2\ (9.8 fps\2\). [[Page 665]] (e) Wheel lockup: No lockup of any wheel allowed for longer than 0.1 seconds at speeds greater than 15 km/h (9.3 mph). (f) Number of runs: 200 stops. (g) Interval between runs: The interval from the start of one service brake application to the start of the next is either the time necessary to reduce the IBT to 100 [deg]C (212 [deg]F) or less, or the distance of 2 km (1.24 miles), whichever occurs first. (h) Accelerate to 80 km/h (49.7 mph) after each stop and maintain that speed until making the next stop. (i) After burnishing, adjust the brakes as specified in S6.3.4. S7.2 Wheel lockup sequence. S7.2.1 General information. (a) The purpose of this test is to ensure that lockup of both front wheels occurs either simultaneously with, or at a lower deceleration rate than, the lockup of both rear wheels, when tested on road surfaces affording adhesion such that wheel lockup of the first axle occurs at a braking ratio of between 0.15 and 0.80, inclusive. (b) This test is for vehicles without antilock brake systems. (c) This wheel lock sequence test is to be used as a screening test to evaluate a vehicle's axle lockup sequence and to determine whether the torque wheel test in S7.4 must be conducted. (d) For this test, a simultaneous lockup of the front and rear wheels refers to the conditions when the time interval between the first occurrence of lockup of the last (second) wheel on the rear axle and the first occurrence of lockup of the last (second) wheel on the front axle is <=0.1 second for vehicle speeds 15 km/h (9.3 mph). (e) A front or rear axle lockup is defined as the point in time when the last (second) wheel on an axle locks up. (f) Vehicles that lock their front axle simultaneously or at lower deceleration rates than their rear axle need not be tested to the torque wheel procedure. (g) Vehicles which lock their rear axle at deceleration rates lower than the front axle shall also be tested in accordance with the torque wheel procedure in S7.4. (h) Any determination of noncompliance for failing adhesion utilization requirements shall be based on torque wheel test results. S7.2.2 Vehicle conditions. (a) Vehicle load: GVWR and LLVW. (b) Transmission position: In neutral. S7.2.3. Test Conditions and Procedures. (a) IBT: <=65 [deg]C (149 [deg]F), <=100 [deg]C (212 [deg]F). (b) Test speed: 65 km/h (40.4 mph) for a braking ratio <=0.50; 100 km/h (62.1 mph) for a braking ratio 0.50. (c) Pedal force: (1) Pedal force is applied and controlled by the vehicle driver or by a mechanical brake pedal actuator. (2) Pedal force is increased at a linear rate such that the first axle lockup occurs no less than one-half (0.5) second and no more than one and one-half (1.5) seconds after the initial application of the pedal. (3) The pedal is released when the second axle locks, or when the pedal force reaches 1kN (225 lbs), or 0.1 seconds after first axle lockup, whichever occurs first. (d) Wheel lockup: Only wheel lockups above a vehicle speed of 15 km/ h (9.3 mph) are considered in determining the results of this test. (e) Test surfaces: This test is conducted, for each loading condition, on two different test surfaces that will result in a braking ratio of between 0.15 and 0.80, inclusive. NHTSA reserves the right to choose the test surfaces to be used based on adhesion utilization curves or any other method of determining ``worst case'' conditions. (f) The data recording equipment shall have a minimum sampling rate of 40 Hz. (g) Data to be recorded. The following information must be automatically recorded in phase continuously throughout each test run such that values of the variables can be cross referenced in real time. (1) Vehicle speed. (2) Brake pedal force. (3) Angular velocity at each wheel. (4) Actual instantaneous vehicle deceleration or the deceleration calculated by differentiation of the vehicle speed. (h) Speed channel filtration. For analog instrumentation, the speed channel shall be filtered by using a low-pass filter having a cut-off frequency of less than one fourth the sampling rate. [[Page 666]] (i) Test procedure. For each test surface, three runs meeting the pedal force application and time for wheel lockup requirements shall be made. Up to a total of six runs will be allowed to obtain three valid runs. Only the first three valid runs obtained shall be used for data analysis purposes. S7.2.4. Performance requirements. (a) In order to pass this test a vehicle shall be capable of meeting the test requirements on all test surfaces that will result in a braking ratio of between 0.15 and 0.80, inclusive. (b) If all three valid runs on each surface result in the front axle locking before or simultaneously with the rear axle, or the front axle locks up with only one or no wheels locking on the rear axle, the torque wheel procedure need not be run, and the vehicle is considered to meet the adhesion utilization requirements of this Standard. This performance requirement shall be met for all vehicle braking ratios between 0.15 and 0.80. (c) If any one of the three valid runs on any surface results in the rear axle locking before the front axle or the rear axle locks up with only one or no wheels locking on the front axle the torque wheel procedure shall be performed. This performance requirement shall be met for all vehicle braking ratios between 0.15 and 0.80. (d) If any one of the three valid runs on any surface results in neither axle locking (i.e., only one or no wheels locked on each axle) before a pedal force of 1kN (225 lbs) is reached, the vehicle shall be tested to the torque wheel procedure. (e) If the conditions listed in paragraph (c) or (d) of this section occur, vehicle compliance shall be determined from the results of a torquesults of a torque wheel test performed in accordance with S7.4. (f) An EV with RBS that is part of the service brake system shall meet the performance requirements over the entire normal operating range of the RBS. S7.3. ABS performance. [Reserved] S7.4. Adhesion utilization (Torque Wheel Method). S7.4.1. General information. This test is for vehicles without any ABS. The purpose of the test is to determine the adhesion utilization of a vehicle. S7.4.2. Vehicle conditions. (a) Vehicle load: GVWR and LLVW. (b) Transmission position: In neutral. (c) Tires: For this test, a separate set of tires, identical to those used for all other tests under Section 7.0, may be used. S7.4.3. Test conditions and procedures. (a) IBT: <=65 [deg]C (149 [deg]F), <=100 [deg]C (212 [deg]F). (b) Test speeds: 100 km/h (62.1 mph), and 50 km/h (31.1 mph). (c) Pedal force: Pedal force is increased at a linear rate between 100 and 150 N/sec (22.5 and 33.7 lbs/sec) for the 100 km/h test speed, or between 100 and 200 N/sec (22.5 and 45.0 lbs/sec) for the 50 km/h test speed, until the first axle locks or until a pedal force of 1 kN (225 lbs) is reached, whichever occurs first. (d) Cooling: Between brake applications, the vehicle is driven at speeds up to 100 km/h (62.1 mph) until the IBT specified in S7.4.3(a) is reached. (e) Number of runs: With the vehicle at LLVW, run five stops from a speed of 100 km/h (62.1 mph) and five stops from a speed of 50 km/h (31.1 mph), while alternating between the two test speeds after each stop. With the vehicle at GVWR, repeat the five stops at each test speed while alternating between the two test speeds. (f) Test surface: PFC of at least 1.02. (g) Data to be recorded. The following information must be automatically recorded in phase continuously throughout each test run such that values of the variables can be cross referenced in real time: (1) Vehicle speed. (2) Brake pedal force. (3) Angular velocity at each wheel. (4) Brake torque at each wheel. (5) Hydraulic brake line pressure in each brake circuit. Hydraulically proportioned circuits shall be fitted with transducers on at least one front wheel and one rear wheel downstream of the operative proportioning or pressure limiting valve(s). (6) Vehicle deceleration. (h) Sample rate: All data acquisition and recording equipment shall support a minimum sample rate of 40 Hz on all channels. (i) Determination of front versus rear brake pressure. Determine the front [[Page 667]] versus rear brake pressure relationship over the entire range of line pressures. Unless the vehicle has a variable brake proportioning system, this determination is made by static test. If the vehicle has a variable brake proportioning system, dynamic tests are run with the vehicle both empty and loaded. 15 snubs from 50 km/h (31.1 mph) are made for each of the two load conditions, using the same initial conditions specified in this section. S7.4.4. Data reduction. (a) The data from each brake application under S7.4.3 is filtered using a five-point, on-center moving average for each data channel. (b) For each brake application under S7.4.3 determine the slope (brake factor) and pressure axis intercept (brake hold-off pressure) of the linear least squares equation best describing the measured torque output at each braked wheel as a function of measured line pressure applied at the same wheel. Only torque output values obtained from data collected when the vehicle deceleration is within the range of 0.15g to 0.80g are used in the regression analysis. (c) Average the results of paragraph (b) of this section to calculate the average brake factor and brake hold-off pressure for all brake applications for the front axle. (d) Average the results of paragraph (b) of this section to calculate the average brake factor and brake hold-off pressure for all brake applications for the rear axle. (e) Using the relationship between front and rear brake line pressure determined in S7.4.3(i) and the tire rolling radius, calculate the braking force at each axle as a function of front brake line pressure. (f) Calculate the braking ratio of the vehicle as a function of the front brake line pressure using the following equation: [GRAPHIC] [TIFF OMITTED] TC01AU91.071 where z = braking ratio at a given front line pressure; T1, T2 = Braking forces at the front and rear axles, respectively, corresponding to the same front brake line pressure, and P = total vehicle weight. (g) Calculate the adhesion utilized at each axle as a function of braking ratio using the following equations: [GRAPHIC] [TIFF OMITTED] TR02FE95.014 where fi = adhesion utilized by axle i Ti = braking force at axle i (from (e)) Pi = static weight on axle i i = 1 for the front axle, or 2 for the rear axle z = braking ratio (from (f)) h = height of center of gravity of the vehicle P = total vehicle weight E = wheelbase (h) Plot f1 and f2 obtained in (g) as a function of z, for both GVWR and LLVW load conditions. These are the adhesion utilization curves for the vehicle, which are compared to the performance requirements in S7.4.5. shown graphically in Figure 2: [[Page 668]] [GRAPHIC] [TIFF OMITTED] TC01AU91.072 S7.4.5. Performance requirements. For all braking ratios between 0.15 and 0.80, each adhesion utilization curve for a rear axle shall be situated below a line defined by z = 0.9k where z is the braking ratio and k is the PFC. S7.4.5.1 An EV with RBS that is part of the service brake system shall meet the performance requirement over the entire normal operating range of the RBS. S7.5. Cold effectiveness. S7.5.1. Vehicle conditions. (a) Vehicle load: GVWR and LLVW. (b) Transmission position: In neutral. S7.5.2. Test conditions and procedures. (a) IBT: <=65 [deg]C (149 [deg]F), <=100 [deg]C (212 [deg]F). (b) Test speed: 100 km/h (62.1 mph). (c) Pedal force: <=65N (14.6 lbs), <=500N (112.4 lbs). (d) Wheel lockup: No lockup of any wheel for longer than 0.1 seconds allowed at speeds greater than 15 km/h (9.3 mph). (e) Number of runs: 6 stops. (f) Test surface: PFC of 1.02. (g) For each stop, bring the vehicle to test speed and then stop the vehicle in the shortest possible distance under the specified conditions. [[Page 669]] S7.5.3. Performance requirements. (a) Stopping distance for 100 km/h test speed: <=70m (230 ft). (b) Stopping distance for reduced test speed: S<=0.10V + 0.0060V\2\. S7.6. High speed effectiveness. This test is not run if vehicle maximum speed is less than or equal to 125 km/h (77.7 mph). S7.6.1. Vehicle conditions. (a) Vehicle load: GVWR and LLVW. (b) Transmission position: In gear. S7.6.2. Test conditions and procedures. (a) IBT: <=65 [deg]C (149 [deg]F), <=100 [deg]C (212 [deg]F). (b) Test speed: 80% of vehicle maximum speed if 125 km/h (77.7 mph) c = the average deceleration actually achieved during the shortest cold effectiveness stop at GVWR (m/s\2\), Sc = actual stopping distance measured on the shortest cold effectiveness stop at GVWR (m), and V = cold effectiveness test speed (km/h). [[Page 674]] (b) In addition to the requirement in S7.14.4(a), the stopping distance for at least one of the two hot stops must be S <=89 m (292 ft) from a test speed of 100 km/h (62.1 mph) or, for reduced test speed, S <=0.10V + 0.0079V\2\. The results of the second stop may not be used to meet the requirements of S7.14.4(a). S7.15. Brake cooling stops. S7.15.1. General information. The cooling stops are conducted immediately after completion of the hot performance test. S7.15.2. Vehicle conditions. (a) Vehicle load: GVWR only. (b) Transmission position: In gear. S7.15.3. Test conditions and procedures. (a) IBT: Temperature achieved at completion of hot performance. (b) Test speed: 50 km/h (31.1 mph). (c) Pedal force: Adjust as necessary to maintain specified constant deceleration rate. (d) Deceleration rate: Maintain a constant deceleration rate of 3.0 m/s\2\ (9.8 fps\2\). (e) Wheel lockup: No lockup of any wheel for longer than 0.1 seconds allowed at speeds greater than 15 km/h (9.3 mph). (f) Number of runs: 4 stops. (g) Immediately after the hot performance stops drive 1.5 km (0.93 mi) at 50 km/h (31.1 mph) before the first cooling stop. (h) For the first through the third cooling stops: (1) After each stop, immediately accelerate at the maximum rate to 50 km/h (31.1 mph). (2) Maintain that speed until beginning the next stop at a distance of 1.5 km (0.93 mi) from the beginning of the previous stop. (i) For the fourth cooling stop: (1) Immediately after the fourth stop, accelerate at the maximum rate to 100 km/h (62.1 mph). (2) Maintain that speed until beginning the recovery performance stops at a distance of 1.5 km (0.93 mi) after the beginning of the fourth cooling stop. S7.16. Recovery performance. S7.16.1. General information. The recovery performance test is conducted immediately after completion of the brake cooling stops. S7.16.2. Vehicle conditions. (a) Vehicle load: GVWR only. (b) Transmission position: In neutral. S7.16.3. Test conditions and procedures. (a) IBT: Temperature achieved at completion of cooling stops. (b) Test speed: 100 km/h (62.1 mph). (c) Pedal force: The average pedal force shall not be greater than the average pedal force recorded during the shortest GVWR cold effectiveness stop. (d) Wheel lockup: No lockup of any wheel for longer than 0.1 seconds allowed at speeds greater than 15 km/h (9.3 mph). (e) Number of runs: 2 stops. (f) Immediately after the fourth cooling stop, accelerate at the maximum rate to 100 km/h (62.1 mph). (g) Maintain that speed until beginning the first recovery performance stop at a distance of 1.5 km (0.93 mi) after the beginning of the fourth cooling stop. (h) If the vehicle is incapable of attaining 100 km/h, it is tested at the same speed used for the GVWR cold effectiveness test. (i) Immediately after completion of the first recovery performance stop accelerate as rapidly as possible to the specified test speed and conduct the second recovery performance stop. S7.16.4. Performance requirements. The stopping distance, S, for at least one of the two stops must be within the following limits: [GRAPHIC] [TIFF OMITTED] TR02FE95.016 where dc and V are defined in S7.14.4(a). S7.17. Final Inspection. Inspect: (a) The service brake system for detachment or fracture of any components, such as brake springs and brake shoes or disc pad facings. (b) The friction surface of the brake, the master cylinder or brake power unit reservoir cover, and seal and filler openings, for leakage of brake fluid or lubricant. (c) The master cylinder or brake power unit reservoir for compliance with the volume and labeling requirements of S5.4.2 and S5.4.3. In determining the fully applied worn condition, assume that the lining is worn to (1) rivet or bolt heads on riveted or bolted linings or (2) within 0.8 mm (1/32 [[Page 675]] inch) of shoe or pad mounting surface on bonded linings or (3) the limit recommended by the manufacturer, whichever is larger relative to the total possible shoe or pad movement. Drums or rotors are assumed to be at nominal design drum diameter or rotor thickness. Linings are assumed adjusted for normal operating clearance in the released position. (d) The brake system indicators, for compliance with operation in various key positions, lens color, labeling, and location, in accordance with S5.5. [60 FR 6434, Feb. 2, 1995, as amended at 60 FR 37847, July 24, 1995; 60 FR 44548, Aug. 28, 1995; 62 FR 46917, Sept. 5, 1997; 62 FR 51070, Sept. 30, 1997; 65 FR 6332, Feb. 9, 2000; 70 FR 37713, June 30, 2005; 77 FR 760, Jan. 6, 2012; 86 FR 1300, Jan. 8, 2021; 87 FR 34810, June 8, 2022] Sec. 571.136 Standard No. 136; Electronic stability control systems for heavy vehicles. S1 Scope. This standard establishes performance and equipment requirements for electronic stability control (ESC) systems on heavy vehicles. S2 Purpose. The purpose of this standard is to reduce crashes caused by rollover or by directional loss-of-control. S3 Application. This standard applies to the following vehicles: S3.1 Truck tractors with a gross vehicle weight rating of greater than 11,793 kilograms (26,000 pounds). However, it does not apply to: (a) Any truck tractor equipped with an axle that has a gross axle weight rating of 13,154 kilograms (29,000 pounds) or more; (b) Any truck tractor that has a speed attainable in 3.2 km (2 miles) of not more than 53 km/h (33 mph); and (c) Any truck tractor that has a speed attainable in 3.2 km (2 miles) of not more than 72 km/h (45 mph), an unloaded vehicle weight that is not less than 95 percent of its gross vehicle weight rating, and no capacity to carry occupants other than the driver and operating crew. S3.2 Buses with a gross vehicle weight rating of greater than 11,793 kilograms (26,000 pounds). However, it does not apply to (a) School buses; (b) Perimeter-seating buses; (c) Transit buses; (d) Any bus equipped with an axle that has a gross axle weight rating of 13,154 kilograms (29,000 pounds) or more; and (e) Any bus that has a speed attainable in 3.2 km (2 miles) of not more than 53 km/h (33 mph.) S4 Definitions. Ackerman Steer Angle means the angle whose tangent is the wheelbase divided by the radius of the turn at a very low speed. Electronic stability control system or ESC system means a system that has all of the following attributes: (1) It augments vehicle directional stability by having the means to apply and adjust the vehicle brake torques individually at each wheel position on at least one front and at least one rear axle of the truck tractor or bus to induce correcting yaw moment to limit vehicle oversteer and to limit vehicle understeer; (2) It enhances rollover stability by having the means to apply and adjust the vehicle brake torques individually at each wheel position on at least one front and at least one rear axle of the truck tractor or bus to reduce lateral acceleration of a vehicle; (3) It is computer-controlled with the computer using a closed-loop algorithm to induce correcting yaw moment and enhance rollover stability; (4) It has a means to determine the vehicle's lateral acceleration; (5) It has a means to determine the vehicle's yaw rate and to estimate its side slip or side slip derivative with respect to time; (6) It has a means to estimate vehicle mass or, if applicable, combination vehicle mass; (7) It has a means to monitor driver steering inputs; (8) It has a means to modify engine torque, as necessary, to assist the driver in maintaining control of the vehicle and/or combination vehicle; and (9) When installed on a truck tractor, it has the means to provide brake pressure to automatically apply and modulate the brake torques of a towed trailer. ESC service brake application means the time when the ESC system applies a service brake pressure at any wheel for a continuous duration of at least 0.5 [[Page 676]] second of at least 34 kPa (5 psi) for air-braked systems and at least 172 kPa (25 psi) for hydraulic-braked systems. Initial brake temperature means the average temperature of the service brakes on the hottest axle of the vehicle immediately before any stability control system test maneuver is executed. Lateral acceleration means the component of the vector acceleration of a point in the vehicle perpendicular to the vehicle x-axis (longitudinal) and parallel to the road plane. Oversteer means a condition in which the vehicle's yaw rate is greater than the yaw rate that would occur at the vehicle's speed as result of the Ackerman Steer Angle. Over-the-road bus means a bus characterized by an elevated passenger deck located over a baggage compartment, except a school bus. Peak friction coefficient or PFC means the ratio of the maximum value of braking test wheel longitudinal force to the simultaneous vertical force occurring prior to wheel lockup, as the braking torque is progressively increased. Perimeter-seating bus means a bus with 7 or fewer designated seating positions rearward of the driver's seating position that are forward- facing or can convert to forward-facing without the use of tools and is not an over-the-road bus. Side slip or side slip angle means the arctangent of the lateral velocity of the center of gravity of the vehicle divided by the longitudinal velocity of the center of gravity. Snub means the braking deceleration of a vehicle from a higher speed to a lower speed that is greater than zero. Stop-request system means a vehicle-integrated system for passenger use to signal to a vehicle operator that they are requesting a stop. Tandem axle means a group or set of two or more axles placed in close arrangement, one behind the other, with the centerlines of adjacent axles not more than 72 inches apart. Transit bus means a bus that is equipped with a stop-request system sold for public transportation provided by, or on behalf of, a State or local government and that is not an over-the-road bus. Understeer means a condition in which the vehicle's yaw rate is less than the yaw rate that would occur at the vehicle's speed as result of the Ackerman Steer Angle. Wheelbase means the longitudinal distance between the center of the front axle and the center of the rear axle. For vehicles with tandem axles, the center of the axle is the midpoint between the centers of the most forward and most rearward tandem axles, measured when all liftable axles are in the lowered position. Yaw Rate means the rate of change of the vehicle's heading angle measure in degrees per second of rotation about a vertical axis through the vehicle's center of gravity. S5 Requirements. Each vehicle must be equipped with an ESC system that meets the requirements specified in S5 under the test conditions specified in S6 and the test procedures specified in S7 of this standard. S5.1 Required Equipment. Each vehicle to which this standard applies must be equipped with an electronic stability control system, as defined in S4. S5.2 System Operational Capabilities. S5.2.1 The ESC system must be operational over the full speed range of the vehicle except at vehicle speeds less than 20 km/h (12.4 mph), when being driven in reverse, or during system initialization. S5.2.2 The ESC must remain capable of activation even if the antilock brake system or traction control is also activated. S5.3 Performance Requirements. S5.3.1 Lane Keeping During Reference Speed Determination. During each series of four consecutive test runs conducted at the same entrance speed as part of the test procedure to determine the Preliminary Reference Speed and the Reference Speed (see S7.7.1), the wheels of the truck tractor or bus must remain within the lane between the start gate (0 degrees of radius arc angle) and the end gate (120 degrees of radius arc angle) during at least two of the four test runs. S5.3.2 Engine Torque Reduction. During each series of four consecutive test runs for the determination of engine [[Page 677]] torque reduction (see S7.7.2), the vehicle must satisfy the criteria of S5.3.2.1 and S5.3.2.2 during at least two of the four test runs. S5.3.2.1 The ESC system must reduce the driver-requested engine torque by at least 10 percent for a minimum continuous duration of 0.5 second during the time period from 1.5 seconds after the vehicle crosses the start gate (0 degree of radius arc angle) to when it crosses the end gate (120 degrees of radius arc angle). S5.3.2.2 The wheels of the truck tractor or bus must remain within the lane between the start gate (0 degrees of radius arc angle) and the end gate (120 degrees of radius arc angle). S5.3.3 Roll Stability Control Test. During each series of eight consecutive test runs for the determination of roll stability control (see S7.7.3) conducted at the same entrance speed, the vehicle must satisfy the criteria of S5.3.3.1, S5.3.3.2, S5.3.3.3, and S5.3.3.4 during at least six of the eight consecutive test runs. S5.3.3.1 The vehicle speed measured at 3.0 seconds after vehicle crosses the start gate (0 degrees of radius arc angle) must not exceed 47 km/h (29 mph). S5.3.3.2 The vehicle speed measured at 4.0 seconds after vehicle crosses the start gate (0 degrees of radius arc angle) must not exceed 45 km/h (28 mph). S5.3.3.3 The wheels of the truck tractor or bus must remain within the lane between the start gate (0 degrees of radius arc angle) and the end gate (120 degrees of radius arc angle). S5.3.3.4 There must be ESC service brake activation. S5.4 ESC Malfunction Detection. Each vehicle must be equipped with an indicator lamp, mounted in front of and in clear view of the driver, which is activated whenever there is a malfunction that affects the generation or transmission of control or response signals in the vehicle's electronic stability control system. S5.4.1 Except as provided in S5.4.3 and S5.4.6, the ESC malfunction telltale must illuminate only when a malfunction exists and must remain continuously illuminated for as long as the malfunction exists, whenever the ignition locking system is in the ``On'' (``Run'') position. S5.4.2 The ESC malfunction telltale must be identified by the symbol shown for ``Electronic Stability Control System Malfunction'' or the specified words or abbreviations listed in Table 1 of Standard No. 101 (Sec. 571.101). S5.4.3 The ESC malfunction telltale must be activated as a check-of- lamp function either when the ignition locking system is turned to the ``On'' (``Run'') position when the engine is not running, or when the ignition locking system is in a position between the ``On'' (``Run'') and ``Start'' that is designated by the manufacturer as a check-light position. S5.4.4 The ESC malfunction telltale need not be activated when a starter interlock is in operation. S5.4.5 The ESC malfunction telltale lamp must extinguish at the next ignition cycle after the malfunction has been corrected. S5.4.6 The manufacturer may use the ESC malfunction telltale in a flashing mode to indicate ESC operation. S6 Test Conditions. The requirements of S5 must be met by a vehicle when it is tested according to the conditions set forth in the S6, without replacing any brake system part or making any adjustments to the ESC system except as specified. On vehicles equipped with automatic brake adjusters, the automatic brake adjusters will remain activated at all times. S6.1 Ambient Conditions. S6.1.1 The ambient temperature is any temperature between 2 [deg]C (35 [deg]F) and 40 [deg]C (104 [deg]F). S6.1.2 The maximum wind speed is no greater than 5 m/s (11 mph). S6.2 Road Test Surface. S6.2.1 The tests are conducted on a dry, uniform, solid-paved surface. Surfaces with irregularities and undulations, such as dips and large cracks, are unsuitable. S6.2.2 The road test surface produces a peak friction coefficient (PFC) of 1.02 when measured using an ASTM F2493 standard reference test tire, in accordance with ASTM E1337-19, at a speed of 64.4 km/h (40 mph), without water delivery (incorporated by reference, see Sec. 571.5). [[Page 678]] S6.2.3 The test surface has a consistent slope between 0% and 1%. S6.2.4 J-Turn Test Maneuver Test Course. The test course for the J- Turn test maneuver is used for the Reference Speed Test in S7.7.1, the Engine Torque Reduction Test in S7.7.2, and the Roll Stability Control Test in S7.7.3. S6.2.4.1 The test course consists of a straight entrance lane with a length of 22.9 meters (75 feet) tangentially connected to a curved lane section with a radius of 45.7 meters (150 feet) measured from the center of the lane. S6.2.4.2 For truck tractors, the lane width of the test course is 3.7 meters (12 feet). At the manufacturer's option, for truck tractors with a wheelbase equal to or greater than 7112 mm (280 inches) the lane width of the test course is 3.7 meters (12 feet) for the straight section and is 4.3 meters (14 feet) for the curved section. For buses, the lane width of the test course is 3.7 meters (12 feet) for the straight section and is 4.3 meters (14 feet) for the curved section. S6.2.4.3 The start gate is the tangent point on the radius (the intersection of the straight lane and the curved lane sections) and is designated as zero degrees of radius of arc angle. The end gate is the point on the radius that is 120 degrees of radius arc angle measured from the tangent point. S6.2.4.4 Figure 1 shows the test course with the curved lane section configured in the counter-clockwise steering direction relative to the entrance lane. The course is also arranged with the curved lane section configured in the clockwise steering direction relative to the entrance lane. The cones depicted in Figure 1 defining the lane width are positioned solely for illustrative purposes. [GRAPHIC] [TIFF OMITTED] TR23JN15.017 [[Page 679]] S6.3 Vehicle Conditions. S6.3.1 The ESC system is enabled for all testing, except for the ESC malfunction test (see S7.8). S6.3.2 All vehicle openings (doors, windows, hood, trunk, cargo doors, etc.) are in a closed position except as required for instrumentation purposes. S6.3.3 Test Weight. S6.3.3.1 Truck Tractors. A truck tractor is loaded to its GVWR by coupling it to a control trailer (see S6.3.5). The tractor is loaded with the test driver, test instrumentation, and an anti-jackknife system (see S6.3.8). S6.3.3.2 Buses. A bus is loaded with ballast (weight) to its GVWR to simulate a multi-passenger and baggage configuration. For this configuration the bus is loaded with test driver, test instrumentation, outriggers (see S6.3.6), ballast, and a simulated occupant in each of the vehicle's designated seating positions. The simulated occupant loads are attained by securing 68 kilograms (150 pounds) of ballast in each of the test vehicle's designated seating positions. If the simulated occupant loads result in the bus being loaded to less than its GVWR, additional ballast is added to the bus in the following manner until the bus is loaded to its GVWR without exceeding any axle's GAWR: First, ballast is added to the lowest baggage compartment; second, ballast is added to the floor of the passenger compartment. If the simulated occupant loads result in the GAWR of any axle being exceeded or the GVWR of the bus being exceeded, simulated occupant loads are removed until the vehicle's GVWR and all axles' GAWR are no longer exceeded. S6.3.4 Transmission and Brake Controls. The transmission selector control is in a forward gear during all maneuvers. A vehicle equipped with an engine braking system that is engaged and disengaged by the driver is tested with the system disengaged. S6.3.5 Control Trailer. S6.3.5.1 The control trailer is an unbraked, flatbed semi-trailer that has a single axle with a GAWR of 8,165 kg (18,000 lb.). The control trailer has a length of at least 6,400 mm (252 inches), but no more than 7,010 mm (276 inches), when measured from the transverse centerline of the axle to the centerline of the kingpin (the point where the trailer attaches to the truck tractor). At the manufacturer's option, truck tractors with four or more axles may use a control trailer with a length of more than 7,010 mm (276 inches), but no more than 13,208 mm (520 inches) when measured from the transverse centerline of the axle to the centerline of the kingpin. S6.3.5.2 The location of the center of gravity of the ballast on the control trailer is directly above the kingpin. The height of the center of gravity of the ballast on the control trailer is less than 610 mm (24 inches) above the top of the tractor's fifth-wheel hitch (the area where the truck tractor attaches to the trailer). S6.3.5.3 The control trailer is equipped with outriggers (see S6.3.6). S6.3.5.4 A truck tractor is loaded to its GVWR by placing ballast (weight) on the control trailer which loads the tractor's non-steer axles. The control trailer is loaded with ballast without exceeding the GAWR of the trailer axle. If the tractor's fifth-wheel hitch position is adjustable, the fifth-wheel hitch is adjusted to proportionally distribute the load on each of the tractor's axle(s), according to each axle's GAWR, without exceeding the GAWR of any axle(s). If the fifth- wheel hitch position cannot be adjusted to prevent the load from exceeding the GAWR of the tractor's axle(s), the ballast is reduced until the axle load is equal to or less than the GAWR of the tractor's rear axle(s), maintaining load proportioning as close as possible to specified proportioning. S6.3.6 Outriggers. Outriggers are used for testing each vehicle. The outriggers are designed with a maximum weight of 1,134 kg (2,500 lb.), excluding mounting fixtures. S6.3.7 Tires. The tires are inflated to the vehicle manufacturer's specified pressure for the GVWR of the vehicle. S6.3.8 Truck Tractor Anti-Jackknife System. A truck tractor is equipped with an anti-jackknife system that allows a minimum articulation angle of 30 degrees between the tractor and the control trailer. S6.3.9 Special Drive Conditions. A vehicle equipped with an interlocking axle system or a front wheel drive system [[Page 680]] that is engaged and disengaged by the driver is tested with the system disengaged. S6.3.10 Liftable Axles. A vehicle with one or more liftable axles is tested with the liftable axles down. S6.3.11 Initial Brake Temperature. The initial brake temperature of the hottest brake for any performance test is between 66 [deg]C (150 [deg]F) and 204 [deg]C (400 [deg]F). S6.3.12 Thermocouples. The brake temperature is measured by plug- type thermocouples installed in the approximate center of the facing length and width of the most heavily loaded shoe or disc pad, one per brake. A second thermocouple may be installed at the beginning of the test sequence if the lining wear is expected to reach a point causing the first thermocouple to contact the rubbing surface of a drum or rotor. The second thermocouple is installed at a depth of 0.080 inch and located within 1.0 inch circumferentially of the thermocouple installed at 0.040 inch depth. For center-grooved shoes or pads, thermocouples are installed within 0.125 inch to 0.250 inch of the groove and as close to the center as possible. S6.4 Selection of Compliance Options. Where manufacturer options are specified, the manufacturer must select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle. Each manufacturer shall, upon request from the National Highway Traffic Safety Administration, provide information regarding which of the compliance options it has selected for a particular vehicle or make/model. S7 Test Procedure. S7.1 Tire Inflation. Inflate the vehicle's tires as specified in S6.3.7. S7.2 Telltale Lamp Check. With the vehicle stationary and the ignition locking system in the ``Lock'' or ``Off'' position, activate the ignition locking system to the ``On'' (``Run'') position or, where applicable, the appropriate position for the lamp check. The ESC system must perform a check-of-lamp function for the ESC malfunction telltale, as specified in S5.4.3. S7.3 Tire Conditioning. Condition the tires to wear away mold sheen and achieve operating temperature immediately before beginning the J- Turn test runs. The test vehicle is driven around a circle 150 feet (46 meters) in radius at a speed that produces a lateral acceleration of approximately 0.1g for two clockwise laps followed by two counterclockwise laps. S7.4 Brake Conditioning and Temperature. Conditioning and warm-up of the vehicle brakes are completed before and monitored during the execution of the J-Turn test maneuver. S7.4.1 Brake Conditioning. Condition the brakes in accordance with S7.4.1.1 and S7.4.1.2. S7.4.1.1 Prior to executing the J-Turn test maneuver, the vehicle's brakes are burnished as follows: With the transmission in the highest gear appropriate for a speed of 64 km/h (40 mph), make 500 snubs between 64 km/h (40 mph) and 32 km/h (20 mph) at a deceleration rate of 0.3g, or at the vehicle's maximum deceleration rate if less than 0.3g. After each brake application accelerate to 64 km/h (40 mph) and maintain that speed until making the next brake application at a point 1.6 km (1.0 mile) from the initial point of the previous brake application. If the vehicle cannot attain a speed of 64 km/h (40 mph) in 1.6 km (1.0 mile), continue to accelerate until the vehicle reaches 64 km/h (40 mph) or until the vehicle has traveled 2.4 km (1.5 miles) from the initial point of the previous brake application, whichever occurs first. The brakes may be adjusted up to three times during the burnish procedure, at intervals specified by the vehicle manufacturer, and may be adjusted at the conclusion of the burnishing, in accordance with the vehicle manufacturer's recommendation. S7.4.1.2 Prior to executing the performance tests in S7.7, the brakes are conditioned using 40 brake application snubs from a speed of 64 km/h (40 mph) to a speed of 32 km/h (20 mph), with a target deceleration of approximately 0.3g. After each brake application, accelerate to 64 km/h (40 mph) and maintain that speed until making the next brake application at a point 1.6 km (1.0 mile) from the initial point of the previous brake application. S7.4.2 Brake Temperature. Prior to testing or any time during testing, if the hottest brake temperature is above [[Page 681]] 204 [deg]C (400 [deg]F) a cool down period is performed until the hottest brake temperature is measured within the range of 66 [deg]C-204 [deg]C (150 [deg]F-400 [deg]F). Prior to testing or any time during testing, if the hottest brake temperature is below 66 [deg]C (150 [deg]F) individual brake stops are repeated to increase any one brake temperature to within the target temperature range of 66 [deg]C-204 [deg]C (150 [deg]F-400 [deg]F) before a test maneuver is performed. S7.5 Mass Estimation Cycle. Perform the mass estimation procedure for the ESC system according to the manufacturer's instructions. This procedure will be repeated if an ignition cycle occurs or is needed at any time between the initiation and completion of S7.7. S7.6 ESC System Malfunction Check. Check that the ESC system is enabled by ensuring that the ESC malfunction telltale is not illuminated. S7.7 J-Turn Test Maneuver. The truck tractor or bus is subjected to multiple series of test runs using the J-Turn test maneuver. The truck tractor or bus travels through the course by driving down the entrance lane, crossing the start gate at the designated entrance speed, turning through the curved lane section, and crossing the end gate, while the driver attempts to keep all of the wheels of the truck tractor or bus within the lane. S7.7.1 Reference Speed Test. The vehicle is subjected to J-Turn test maneuvers to determine the Reference Speed for each steering direction. The Reference Speeds are used in S7.7.2 and S7.7.3. S7.7.1.1 Preliminary Reference Speed Determination. The vehicle is subjected to two series of test runs using the J-Turn test maneuver at increasing entrance speeds. One series uses clockwise steering, and the other series uses counterclockwise steering. The entrance speed of a test run is the 0.5 second average of the raw speed data prior to any ESC system activation of the service brakes and rounded to the nearest 1.0 mph. During each test run, the driver attempts to maintain the selected entrance speed throughout the J-Turn test maneuver. For the first test run of each series, the entrance speed is 32 km/h 1.6 km/h (20 mph 1.0 mph) and is incremented 1.6 km/h (1.0 mph) for each subsequent test run until ESC service brake application occurs or any of the truck tractor's or bus's wheels departs the lane. The vehicle entrance speed at which ESC service brake application occurs is the Preliminary Reference Speed. The Preliminary Reference Speed is determined for each direction: Clockwise steering and counter-clockwise steering. During any test run, if any of the wheels of the truck tractor or bus depart the lane at any point within the first 120 degrees of radius arc angle, the test run is repeated at the same entrance speed. If any of the wheels of the truck tractor or bus depart the lane again, then four consecutive test runs are repeated at the same entrance speed (1.6 km/h (1.0 mph)). S7.7.1.2 Reference Speed Determination. Using the Preliminary Reference Speed determined in S7.7.1.1, perform two series of test runs using the J-Turn test maneuver to determine the Reference Speed. The first series consists of four consecutive test runs performed using counter-clockwise steering. The second series consists of four consecutive test runs performed using clockwise steering. During each test run, the driver attempts to maintain a speed equal to the Preliminary Reference Speed throughout the J-Turn test maneuver. The Reference Speed is the minimum entrance speed at which ESC service brake application occurs for at least two of four consecutive test runs of each series conducted at the same entrance speed (within 1.6 km/h (1.0 mph)). The Reference Speed is determined for each direction: clockwise steering and counter- clockwise steering. If ESC service brake application does not occur during at least two test runs of either series, the Preliminary Reference Speed is increased by 1.6 km/h (1.0 mph), and the procedure in this section is repeated. S7.7.2 Engine Torque Reduction Test. The vehicle is subjected to two series of test runs using the J-Turn test maneuver at an entrance speed equal to the Reference Speed determined in S7.7.1.2. One series uses clockwise steering, and the other series uses counter-clockwise steering. Each series consists of four test runs with the vehicle at an entrance speed equal to the [[Page 682]] Reference Speed and the driver fully depressing the accelerator pedal from the time when the vehicle crosses the start gate until the vehicle reaches the end gate. ESC engine torque reduction is confirmed by comparing the engine torque output and driver requested torque data collected from the vehicle communication network or CAN bus. During the initial stages of each maneuver the two torque signals with respect to time will parallel each other. Upon ESC engine torque reduction, the two signals will diverge when the ESC system causes a commanded engine torque reduction and the driver depresses the accelerator pedal attempting to accelerate the vehicle. S7.7.2.1 Perform two series of test runs using the J-Turn test maneuver at the Reference Speed determined in S7.7.1.2 (1.6 km/h (1.0 mph)). The first series consists of four consecutive test runs performed using counter- clockwise steering. The second series consists of four consecutive test runs performed using clockwise steering. During each test run, the driver fully depresses the accelerator pedal from the time when the vehicle crosses the start gate until the vehicle reaches the end gate. S7.7.2.2 During each of the engine torque reduction test runs, verify the commanded engine torque and the driver requested torque signals diverge according to the criteria specified in S5.3.2.1. S7.7.3 Roll Stability Control Test. The vehicle is subjected to multiple series of test runs using the J-Turn test maneuver in both the clockwise and the counter-clockwise direction. S7.7.3.1 Before each test run, the brake temperatures are monitored and the hottest brake is confirmed to be between 66 [deg]C (150 [deg]F) and 204 [deg]C (400 [deg]F). If the hottest brake temperature is not between 66 [deg]C (150 [deg]F) and 204 [deg]C (400 [deg]F), the brake temperature is adjusted in accordance with S7.4.2. S7.7.3.2 During each test run, the driver will release the accelerator pedal after the ESC system has slowed vehicle by more than 4.8 km/h (3.0 mph) below the entrance speed. S7.7.3.3 The maximum test speed is the greater of 130 percent of the Reference Speed (see S7.7.1.2) or 48 km/h (30 mph). The maximum test speed is determined for each direction: clockwise steering and counter- clockwise steering. S7.7.3.4 For each series of Roll Stability Control test runs, the vehicle will perform eight consecutive test runs at the same entrance speed, which is any speed between 48 km/h (30 mph) and the maximum test speed determined according to S7.7.3.3. S7.7.3.5 Upon completion of testing, post processing is done as specified in S7.9. S7.8 ESC Malfunction Detection. S7.8.1 Simulate one or more ESC malfunction(s) by disconnecting the power source to any ESC component, or disconnecting any electrical connection between ESC components (with the vehicle power off). When simulating an ESC malfunction, the electrical connections for the telltale lamp(s) are not disconnected. S7.8.2 With the vehicle initially stationary and the ignition locking system in the ``Lock'' or ``Off'' position, activate the ignition locking system to the ``Start'' position and start the engine. Place the vehicle in a forward gear and accelerate to 48 8 km/h (30 5 mph). Drive the vehicle for at least two minutes including at least one left and one right turning maneuver and at least one service brake application. Verify that, within two minutes of attaining this speed, the ESC malfunction indicator illuminates in accordance with S5.4. S7.8.3 Stop the vehicle, deactivate the ignition locking system to the ``Off'' or ``Lock'' position. After a five-minute period, activate the vehicle's ignition locking system to the ``Start'' position and start the engine. Verify that the ESC malfunction indicator again illuminates to signal a malfunction and remains illuminated as long as the engine is running until the fault is corrected. S7.8.4 Deactivate the ignition locking system to the ``Off'' or ``Lock'' position. Restore the ESC system to normal operation, activate the ignition system to the ``Start'' position and start the engine. Verify that the telltale has extinguished. S7.9 Post Data Processing. [[Page 683]] S7.9.1 Raw vehicle speed data is filtered with a 0.1 second running average filter. S7.9.2 The torque data collected from the vehicle communication network or CAN bus as a digital signal does not get filtered. The torque data collected from the vehicle communication network or CAN bus as an analog signal is filtered with a 0.1-second running average. S7.9.3 The activation point of the ESC engine torque reduction is the point where the measured driver demanded torque and the engine torque first begin to deviate from one another (engine torque decreases while the driver requested torque increases) during the Engine Torque Reduction Test. The torque values are obtained directly from the vehicle communication network or CAN bus. Torque values used to determine the activation point of the ESC engine torque reduction are interpolated. S7.9.4 The time measurement for the J-Turn test maneuver is referenced to ``time zero'', which is defined as the instant the center of the front tires of the vehicle reach the start gate, the line within the lane at zero degrees of radius arc angle. The completion of the maneuver occurs at the instant the center of the front tires of the vehicle reach the end gate, which is the line within the lane at 120 degrees of radius arc angle. S7.9.5 Raw service brake pressure measurements are zeroed (calibrated). Zeroed brake pressure data are filtered with 0.1 second running average filters. Zeroed and filtered brake pressure data are dynamically offset corrected using a defined ``zeroed range''. The ``zeroing range'' is defined as the 0.5 second time period prior to ``time zero'' defined in S7.9.4. S8 Compliance Dates. Vehicles that are subject to this standard must meet the requirements of this standard according to the implementation schedule set forth in S8. S8.1 Buses. S8.1.1 All buses with a gross vehicle weight rating of greater than 14,969 kilograms (33,000 pounds) manufactured on or after June 24, 2018 must comply with this standard. S8.1.2 All buses manufactured on or after August 1, 2019 must comply with this standard. S8.2 Trucks. S8.2.1 All three-axle truck tractors with a front axle that has a GAWR of 6,622 kilograms (14,600 pounds) or less and with two rear drive axles that have a combined GAWR of 20,412 kilograms (45,000 pounds) or less manufactured on or after August 1, 2017 must comply with this standard. S8.2.2 All truck tractors manufactured on or after August 1, 2019 must comply with this standard. [80 FR 36105, June 23, 2015, as amended at 82 FR 50092, Oct. 30, 2017; 87 FR 34810, June 8, 2022] Sec. 571.138 Standard No. 138; Tire pressure monitoring systems. S1 Purpose and scope. This standard specifies performance requirements for tire pressure monitoring systems (TPMSs) to warn drivers of significant under-inflation of tires and the resulting safety problems. S2 Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses that have a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, except those vehicles with dual wheels on an axle, according to the phase-in schedule specified in S7 of this standard. S3 Definitions. The following definitions apply to this standard: Lightly loaded vehicle weight means unloaded vehicle weight plus the weight of a mass of 180 kg (396 pounds), including test driver and instrumentation. Tire pressure monitoring system means a system that detects when one or more of a vehicle's tires is significantly under-inflated and illuminates a low tire pressure warning telltale. Vehicle Placard and Tire inflation pressure label mean the sources of information for the vehicle manufacturer's recommended cold tire inflation pressure pursuant to Sec. 571.110 of this Part. S4 Requirements. S4.1 General. To the extent provided in S7, each vehicle must be equipped with a tire pressure monitoring system that meets the requirements specified [[Page 684]] in S4 under the test conditions specified in S5 and the test procedures specified in S6 of this standard. S4.2 TPMS detection requirements. The tire pressure monitoring system must: (a) Illuminate a low tire pressure warning telltale not more than 20 minutes after the inflation pressure in one or more of the vehicle's tires, up to a total of four tires, is equal to or less than either the pressure 25 percent below the vehicle manufacturer's recommended cold inflation pressure, or the pressure specified in the 3rd column of Table 1 of this standard for the corresponding type of tire, whichever is higher; (b) Continue to illuminate the low tire pressure warning telltale as long as the pressure in any of the vehicle's tires is equal to or less than the pressure specified in S4.2(a), and the ignition locking system is in the ``On'' (``Run'') position, whether or not the engine is running, or until manually reset in accordance with the vehicle manufacturer's instructions. S4.3 Low tire pressure warning telltale. S4.3.1 Each tire pressure monitoring system must include a low tire pressure warning telltale that: (a) Is mounted inside the occupant compartment in front of and in clear view of the driver; (b) Is identified by one of the symbols shown for the ``Low Tire Pressure'' Telltale in Table 1 of Standard No. 101 (49 CFR 571.101); and (c) Is illuminated under the conditions specified in S4.2. S4.3.2 In the case of a telltale that identifies which tire(s) is (are) under-inflated, each tire in the symbol for that telltale must illuminate when the tire it represents is under-inflated to the extent specified in S4.2. S4.3.3 (a) Except as provided in paragraph (b) of this section, each low tire pressure warning telltale must illuminate as a check of lamp function either when the ignition locking system is activated to the ``On'' (``Run'') position when the engine is not running, or when the ignition locking system is in a position between ``On'' (``Run'') and ``Start'' that is designated by the manufacturer as a check position. (b) The low tire pressure warning telltale need not illuminate when a starter interlock is in operation. S4.4 TPMS malfunction. (a) The vehicle shall be equipped with a tire pressure monitoring system that includes a telltale that provides a warning to the driver not more than 20 minutes after the occurrence of a malfunction that affects the generation or transmission of control or response signals in the vehicle's tire pressure monitoring system. The vehicle's TPMS malfunction indicator shall meet the requirements of either S4.4(b) or S4.4(c). (b) Dedicated TPMS malfunction telltale. The vehicle meets the requirements of S4.4(a) when equipped with a dedicated TPMS malfunction telltale that: (1) Is mounted inside the occupant compartment in front of and in clear view of the driver; (2) Is identified by the word ``TPMS'' as described under the ``Tire Pressure Monitoring System Malfunction'' Telltale in Table 1 of Standard No. 101 (49 CFR 571.101); (3) Continues to illuminate the TPMS malfunction telltale under the conditions specified in S4.4(a) for as long as the malfunction exists, whenever the ignition locking system is in the ``On'' (``Run'') position; and (4) (i) Except as provided in paragraph (ii), each dedicated TPMS malfunction telltale must be activated as a check of lamp function either when the ignition locking system is activated to the ``On'' (``Run'') position when the engine is not running, or when the ignition locking system is in a position between ``On'' (``Run'') and ``Start'' that is designated by the manufacturer as a check position. (ii) The dedicated TPMS malfunction telltale need not be activated when a starter interlock is in operation. (c) Combination low tire pressure/TPMS malfunction telltale. The vehicle meets the requirements of S4.4(a) when equipped with a combined Low Tire Pressure/TPMS malfunction telltale that: (1) Meets the requirements of S4.2 and S4.3; and [[Page 685]] (2) Flashes for a period of at least 60 seconds but no longer than 90 seconds upon detection of any condition specified in S4.4(a) after the ignition locking system is activated to the ``On'' (``Run'') position. After each period of prescribed flashing, the telltale must remain continuously illuminated as long as a malfunction exists and the ignition locking system is in the ``On'' (``Run'') position. This flashing and illumination sequence must be repeated each time the ignition locking system is placed in the ``On'' (``Run'') position until the situation causing the malfunction has been corrected. Multiple malfunctions occurring during any ignition cycle may, but are not required to, reinitiate the prescribed flashing sequence. S4.5 Written instructions. (a) Beginning on September 1, 2006, the owner's manual in each vehicle certified as complying with S4 must provide an image of the Low Tire Pressure Telltale symbol (and an image of the TPMS Malfunction Telltale warning (``TPMS''), if a dedicated telltale is utilized for this function) with the following statement in English: Each tire, including the spare (if provided), should be checked monthly when cold and inflated to the inflation pressure recommended by the vehicle manufacturer on the vehicle placard or tire inflation pressure label. (If your vehicle has tires of a different size than the size indicated on the vehicle placard or tire inflation pressure label, you should determine the proper tire inflation pressure for those tires.) As an added safety feature, your vehicle has been equipped with a tire pressure monitoring system (TPMS) that illuminates a low tire pressure telltale when one or more of your tires is significantly under- inflated. Accordingly, when the low tire pressure telltale illuminates, you should stop and check your tires as soon as possible, and inflate them to the proper pressure. Driving on a significantly under-inflated tire causes the tire to overheat and can lead to tire failure. Under- inflation also reduces fuel efficiency and tire tread life, and may affect the vehicle's handling and stopping ability. Please note that the TPMS is not a substitute for proper tire maintenance, and it is the driver's responsibility to maintain correct tire pressure, even if under-inflation has not reached the level to trigger illumination of the TPMS low tire pressure telltale. [The following paragraph is required for all vehicles certified to the standard starting on September 1, 2007 and for vehicles voluntarily equipped with a compliant TPMS MIL before that time.] Your vehicle has also been equipped with a TPMS malfunction indicator to indicate when the system is not operating properly. [For vehicles with a dedicated MIL telltale, add the following statement: The TPMS malfunction indicator is provided by a separate telltale, which displays the symbol ``TPMS'' when illuminated.] [For vehicles with a combined low tire pressure/MIL telltale, add the following statement: The TPMS malfunction indicator is combined with the low tire pressure telltale. When the system detects a malfunction, the telltale will flash for approximately one minute and then remain continuously illuminated. This sequence will continue upon subsequent vehicle start-ups as long as the malfunction exists.] When the malfunction indicator is illuminated, the system may not be able to detect or signal low tire pressure as intended. TPMS malfunctions may occur for a variety of reasons, including the installation of replacement or alternate tires or wheels on the vehicle that prevent the TPMS from functioning properly. Always check the TPMS malfunction telltale after replacing one or more tires or wheels on your vehicle to ensure that the replacement or alternate tires and wheels allow the TPMS to continue to function properly. (b) The owner's manual may include additional information about the time for the TPMS telltale(s) to extinguish once the low tire pressure condition or the malfunction is corrected. It may also include additional information about the significance of the low tire pressure warning telltale illuminating, a description of corrective action to be undertaken, whether the tire pressure monitoring system functions with the vehicle's spare tire (if provided), and how to use a reset button, if one is provided. (c) If a vehicle does not come with an owner's manual, the required information shall be provided in writing to the first purchaser of the vehicle. S5 Test conditions. S5.1 Ambient temperature. The ambient temperature is between 0 [deg]C (32 [deg]F) and 40 [deg]C (104 [deg]F). S5.2 Road test surface. Compliance testing is conducted on any portion of the Southern Loop of the Treadwear Test Course defined in appendix A and Figure 2 of section 575.104 of this chapter. The road surface is dry during testing. S5.3 Vehicle conditions. [[Page 686]] S5.3.1 Test weight. The vehicle may be tested at any weight between its lightly loaded vehicle weight and its gross vehicle weight rating (GVWR) without exceeding any of its gross axle weight ratings. S5.3.2 Vehicle speed. The vehicle's TPMS is calibrated and tested at speeds between 50 km/h (31.1 mph) and 100 km/h (62.2 mph). For vehicles equipped with cruise control, cruise control is not to be engaged during testing. S5.3.3 Rim position. The vehicle rims may be positioned at any wheel position, consistent with any related instructions or limitations in the vehicle owner's manual. S5.3.4 Stationary location. The vehicle's tires are shaded from direct sun when the vehicle is parked. S5.3.5 Brake pedal application. Driving time shall not accumulate during service brake application. S5.3.6 Range of conditions or test parameters. Whenever a range of conditions or test parameters is specified in this standard, the vehicle must meet applicable requirements when tested at any point within the range. S5.3.7 Tires. The vehicle is tested with the tires installed on the vehicle at the time of initial vehicle sale, excluding the spare tire (if provided). However, the spare tire may be utilized for TPMS malfunction testing purposes. S6 Test procedures. (a) Inflate the vehicle's tires to the cold tire inflation pressure(s) provided on the vehicle placard or the tire inflation pressure label. (b) With the vehicle stationary and the ignition locking system in the ``Lock'' or ``Off'' position, activate the ignition locking system to the ``On'' (``Run'') position or, where applicable, the appropriate position for the lamp check. The tire pressure monitoring system must perform a check of lamp function for the low tire pressure telltale as specified in paragraph S4.3.3 of this standard. If the vehicle is equipped with a separate TPMS malfunction telltale, the tire pressure monitoring system also must perform a check of lamp function as specified in paragraph S4.4(b)(4) of this standard. (c) If applicable, set or reset the tire pressure monitoring system in accordance with the instructions in the vehicle owner's manual. (d) System calibration/learning phase. (1) Drive the vehicle for up to 15 minutes of cumulative time (not necessarily continuously) along any portion of the test course. (2) Reverse direction on the course and drive the vehicle for an additional period of time for a total cumulative time of 20 minutes (including the time in S6(d)(1), and not necessarily continuously). (e) Stop the vehicle and deflate any combination of one to four tires until the deflated tire(s) is (are) at 7 kPa (1 psi) below the inflation pressure at which the tire pressure monitoring system is required to illuminate the low tire pressure warning telltale. (f) System detection phase. (1) Within 5 minutes of reducing the inflation pressure in the tire(s), drive the vehicle for up to 10-15 minutes of cumulative time (not necessarily continuously) along any portion of the test course. (2) Reverse direction on the course and drive the vehicle for an additional period of time for a total cumulative time of 20 minutes (including the time in S6(f)(1), and not necessarily continuously). (3) The sum of the total cumulative drive time under paragraphs S6(f)(1) and (2) shall be the lesser of 20 minutes or the time at which the low tire pressure telltale illuminates. (4) If the low tire pressure telltale did not illuminate, discontinue the test. (g) If the low tire pressure telltale illuminated during the procedure in paragraph S6(f), deactivate the ignition locking system to the ``Off'' or ``Lock'' position. After a 5-minute period, activate the vehicle's ignition locking system to the ``On'' (``Run'') position. The telltale must illuminate and remain illuminated as long as the ignition locking system is in the ``On'' (``Run'') position. (h) Keep the vehicle stationary for a period of up to one hour with the engine off. (i) Inflate all of the vehicle's tires to the same inflation pressure used in paragraph S6(a). If the vehicle's tire [[Page 687]] pressure monitoring system has a manual reset feature, reset the system in accordance with the instructions specified in the vehicle owner's manual. Determine whether the telltale has extinguished. If necessary, drive the vehicle until the telltale has been extinguished. (j) The test may be repeated, using the test procedures in paragraphs S6(a)-(b) and S6(d)-(i), with any one, two, three, or four of the tires on the vehicle under-inflated. (k) Simulate one TPMS malfunction by disconnecting the power source to any TPMS component, disconnecting any electrical connection between TPMS components, or installing a tire or wheel on the vehicle that is incompatible with the TPMS. When simulating a TPMS malfunction, the electrical connections for the telltale lamps are not to be disconnected. (l) TPMS malfunction detection. (1) Drive the vehicle for up to 15 minutes of cumulative time (not necessarily continuously) along any portion of the test course. (2) Reverse direction on the course and drive the vehicle for an additional period of time for a total cumulative time of 20 minutes (including the time in S6(l)(1), and not necessarily continuously). (3) The sum of the total cumulative drive time under paragraphs S6(l)(1) and (2) shall be the lesser of 20 minutes or the time at which the TPMS malfunction telltale illuminates. (4) If the TPMS malfunction indicator did not illuminate in accordance with paragraph S4.4, as required, discontinue the test. (m) If the TPMS malfunction indicator illuminated during the procedure in paragraph S6(l), deactivate the ignition locking system to the ``Off'' or ``Lock'' position. After a 5-minute period, activate the vehicle's ignition locking system to the ``On'' (``Run'') position. The TPMS malfunction indicator must again signal a malfunction and remain illuminated as long as the ignition locking system is in the ``On'' (``Run'') position. (n) Restore the TPMS to normal operation. If necessary, drive the vehicle until the telltale has extinguished. (o) The test may be repeated using the test procedures in paragraphs S6(k)-(n), with each such test limited to simulation of a single malfunction. S7 Phase-in schedule. S7.1 Vehicles manufactured on or after October 5, 2005, and before September 1, 2006. For vehicles manufactured on or after October 5, 2005, and before September 1, 2006, the number of vehicles complying with this standard (except for the provisions of S4.4 unless the manufacturer elects to also certify to those provisions) must not be less than 20 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2002, and before October 5, 2005; or (b) The manufacturer's production on or after October 5, 2005, and before September 1, 2006. S7.2 Vehicles manufactured on or after September 1, 2006, and before September 1, 2007. For vehicles manufactured on or after September 1, 2006, and before September 1, 2007, the number of vehicles complying with this standard (except for the provisions of S4.4 unless the manufacturer elects to also certify to those provisions) must not be less than 70 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2003, and before September 1, 2006; or (b) The manufacturer's production on or after September 1, 2006, and before September 1, 2007. S7.3 Vehicles manufactured on or after September 1, 2007. Except as provided in S7.7, all vehicles manufactured on or after September 1, 2007 must comply with all requirements of this standard. S7.4 Calculation of complying vehicles. (a) Carry-Forward Credits. For purposes of complying with S7.1, a manufacturer may count a vehicle if it is certified as complying with this standard and is manufactured on or after April 8, 2005, but before September 1, 2006. (b) For purposes of complying with S7.2, a manufacturer may count a vehicle if it: (1) (i) Is certified as complying with this standard and is manufactured on or after April 8, 2005, but before September 1, 2007; and [[Page 688]] (ii) Is not counted toward compliance with S7.1; or (2) Is manufactured on or after September 1, 2006, but before September 1, 2007. (c) Carry-Backward Credits. At the vehicle manufacturer's option, for purposes of complying with S7.1, a manufacturer may count a vehicle it plans to manufacture and to certify as complying with this standard that will be produced on or after September 1, 2006 but before September 1, 2007. However, a vehicle counted toward compliance with S7.1 may not be counted toward compliance with S7.2. If the vehicle manufacturer decides to exercise the option for carry-backward credits, the manufacturer must indicate this in its report for the production period corresponding to S7.1 filed pursuant to 49 CFR 585.66. The vehicles are counted in fulfillment of the requirements of S7.1, subject to actually being produced in compliance with this standard during the specified time period and not being counted toward the requirements of S7.2. S7.5 Vehicles produced by more than one manufacturer. S7.5.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S7.1 through S7.3, a vehicle produced by more than one manufacturer must be attributed to a single manufacturer as follows, subject to S7.5.2: (a) A vehicle that is imported must be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, must be attributed to the manufacturer that markets the vehicle. S7.5.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S7.5.1. S7.6 Small volume manufacturers. Vehicles manufactured by a manufacturer that produces fewer than 5,000 vehicles for sale in the United States during the period of September 1, 2005 to August 31, 2006, or the period from September 1, 2006 to August 31, 2007, are not subject to the corresponding requirements of S7.1, S7.2, and S7.4. S7.7 Final-stage manufacturers and alterers. Vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having previously been certified in accordance with part 567 of this chapter are not subject to the requirements of S7.1 through S7.4. Instead, vehicles that are manufactured in two or more stages or that are altered must comply with this standard beginning on September 1, 2008. Tables to Sec. 571.138 Table 1--Low Tire Pressure Warning Telltale--Minimum Activation Pressure ---------------------------------------------------------------------------------------------------------------- Column 2--maximum or Column 3--minimum rated inflation pressure activation pressure Column 1--tire type --------------------------------------------------- (kPa) (psi) (kPa) (psi) ---------------------------------------------------------------------------------------------------------------- P-metric--Standard Load..................................... 240, 35, 140 20 300, or 44, or 140 20 350 51 140 20 P-metric--Extra Load........................................ 280 or 41 or 160 23 340 49 160 23 Load Range C................................................ 350 51 200 29 Load Range D................................................ 450 65 240 35 Load Range E................................................ 550 80 240 35 ---------------------------------------------------------------------------------------------------------------- [[Page 689]] [70 FR 18187, Apr. 8, 2005, as amended at 70 FR 53100, Sept. 7, 2005; 72 FR 38025, July 12, 2007] Sec. 571.139 Standard No. 139; New pneumatic radial tires for light vehicles. S1. Scope and purpose. This standard specifies tire dimensions, test requirements, labeling requirements, and defines tire load ratings. S2 Application. This standard applies to new pneumatic radial tires for use on motor vehicles (other than motorcycles and low speed vehicles) that have a gross vehicle weight rating (GVWR) of 10,000 pounds or less and that were manufactured after 1975. This standard does not apply to special tires (ST) for trailers in highway service, tires for use on farm implements (FI) in agricultural service with intermittent highway use, tires with rim diameters of 12 inches and below, T-type temporary use spare tires with radial construction, and light truck tires with a tread depth of 18/32 inch or greater. S3 Definitions. Bead means the part of the tire that is made of steel wires, wrapped or reinforced by ply cords and that is shaped to fit the rim. Bead separation means a breakdown of the bond between components in the bead. Bias ply tire means a pneumatic tire in which the ply cords that extend to the beads are laid at alternate angles substantially less than 90 degrees to the centerline of the tread. Carcass means the tire structure, except tread and sidewall rubber which, when inflated, bears the load. Chunking means the breaking away of pieces of the tread or sidewall. Cord means the strands forming the plies in the tire. Cord separation means the parting of cords from adjacent rubber compounds. Cracking means any parting within the tread, sidewall, or inner liner of the tire extending to cord material. Extra load tire means a tire designed to operate at higher loads and higher inflation pressure than the corresponding standard tire. Groove means the space between two adjacent tread ribs. Innerliner means the layer(s) forming the inside surface of a tubeless tire that contains the inflating medium within the tire. Innerliner separation means the parting of the innerliner from cord material in the carcass. Light truck (LT) tire means a tire designated by its manufacturer as primarily intended for use on lightweight trucks or multipurpose passenger vehicles. Load rating means the maximum load that a tire is rated to carry for a given inflation pressure. Maximum load rating means the load rating for a tire at the maximum permissible inflation pressure for that tire. Maximum permissible inflation pressure means the maximum cold inflation pressure to which a tire may be inflated. Measuring rim means the rim on which a tire is fitted for physical dimension requirements. Open splice means any parting at any junction of tread, sidewall, or innerliner that extends to cord material. Outer diameter means the overall diameter of an inflated new tire. Overall width means the linear distance between the exteriors of the sidewalls of an inflated tire, including elevations due to labeling, decorations, or protective bands or ribs. Passenger car tire means a tire intended for use on passenger cars, multipurpose passenger vehicles, and trucks, that have a gross vehicle weight rating (GVWR) of 10,000 pounds or less. Ply means a layer of rubber-coated parallel cords. Ply separation means a parting of rubber compound between adjacent plies. Pneumatic tire means a mechanical device made of rubber, chemicals, fabric and steel or other materials, that, when mounted on an automotive wheel, provides the traction and contains the gas or fluid that sustains the load. Radial ply tire means a pneumatic tire in which the ply cords that extend to the beads are laid at substantially 90 degrees to the centerline of the tread. [[Page 690]] Reinforced tire means a tire designed to operate at higher loads and at higher inflation pressures than the corresponding standard tire. Rim means a metal support for a tire or a tire and tube assembly upon which the tire beads are seated. Section width means the linear distance between the exteriors of the sidewalls of an inflated tire, excluding elevations due to labeling, decoration, or protective bands. Sidewall means that portion of a tire between the tread and bead. Sidewall separation means the parting of the rubber compound from the cord material in the sidewall. Snow tire means a tire that attains a traction index equal to or greater than 112, compared to the ASTM F2493 standard reference test tire when using the snow traction test on the medium pack snow surface as described in ASTM F1805-20 (incorporated by reference, see Sec. 571.5), and that is marked with an Alpine Symbol specified in S5.5(i) on at least one sidewall. Test rim means the rim on which a tire is fitted for testing, and may be any rim listed as appropriate for use with that tire. Tread means that portion of a tire that comes into contact with the road. Tread rib means a tread section running circumferentially around a tire. Tread separation means pulling away of the tread from the tire carcass. Treadwear indicators (TWI) means the projections within the principal grooves designed to give a visual indication of the degrees of wear of the tread. Wheel-holding fixture means the fixture used to hold the wheel and tire assembly securely during testing. S4. Tire and rim matching information. S4.1. Each manufacturer of tires must ensure that a listing of the rims that may be used with each tire that it produces is provided to the public in accordance with S4.1.1 and S4.1.2. S4.1.1 Each rim listing for a tire must include dimensional specifications and a diagram of the rim and must be in one of the following forms: (a) Listed by manufacturer name or brand name in a document furnished to dealers of the manufacturer's tires, to any person upon request, and in duplicate to the Docket Section (No. NHTSA-2009-0117), National Highway Traffic Safety Administration, West Building, 1200 New Jersey Ave. SE, Washington, DC 20590; or (b) Contained in publications, current at the date of manufacture of the tire or any later date, of at least one of the following organizations: (1) The Tire and Rim Association. (2) The European Tyre and Rim Technical Organization. (3) Japan Automobile Tire Manufacturers' Association, Inc. (4) Tyre & Rim Association of Australia. (5) Associacao Latino Americana de Pneus e Aros (Brazil). (6) South African Bureau of Standards. S4.1.2 A listing compiled in accordance with paragraph (a) of S4.1.1 need not include dimensional specifications or a diagram of a rim whose dimensional specifications and diagram are contained in a listing published in accordance with paragraph (b) of S4.1.1. S4.2. Information contained in a publication specified in S4.1.1(b) that lists general categories of tires and rims by size designation, type of construction, and/or intended use, is considered to be manufacturer's information required by S4.1 for the listed tires, unless the publication itself or specific information provided according to S4.1(a) indicates otherwise. S5. General requirements S5.1. Size and construction. Each tire shall fit each rim specified for its size designation in accordance with S4.1. S5.2. Performance requirements. Each tire shall conform to each of the following: (a) It shall meet the requirements specified in S6 for its tire size designation, type, and maximum permissible inflation pressure. (b) It shall meet each of the applicable requirements set forth in paragraphs (c) and (d) of this S5.2, when mounted on a model rim assembly corresponding to any rim designated by the tire manufacturer for use with the tire in accordance with S4. (c) Its maximum permissible inflation pressure shall be 240, 280, 300, 340, or 350 kPa. [[Page 691]] (d) Its load rating shall be that specified either in a submission made by an individual manufacturer, pursuant to S4, or in one of the publications described in S4 for its size designation, type and each appropriate inflation pressure. If the maximum load rating for a particular tire size is shown in more than one of the publications described in S4, each tire of that size designation shall have a maximum load rating that is not less than the published maximum load rating, or if there are differing maximum load ratings for the same tire size designation, not less then the lowest published maximum load rating. S5.3. Test sample. For the tests specified in S6, use: (a) One tire for high speed; (b) Another tire for endurance and low inflation pressure performance; and (c) A third tire for physical dimensions, resistance to bead unseating, and strength, in sequence. S5.4. Treadwear indicators. Except in the case of tires with a 12- inch or smaller rim diameter, each tire shall have not less than six treadwear indicators spaced approximately equally around the circumference of the tire that enable a person inspecting the tire to determine visually whether the tire has worn to a tread depth of one sixteenth of an inch. Tires with 12-inch or smaller rim diameter shall have not less than three such treadwear indicators. S5.5 Tire markings. Except as specified in paragraphs (a) through (i) of S5.5, each tire must be marked on each sidewall with the information specified in S5.5(a) through (d) and on one sidewall with the information specified in S5.5(e) through (i) according to the phase- in schedule specified in S7 of this standard. The markings must be placed between the maximum section width and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area that is not more than one-fourth of the distance from the bead to the shoulder of the tire. If the maximum section width falls within that area, those markings must appear between the bead and a point one-half the distance from the bead to the shoulder of the tire, on at least one sidewall. The markings must be in letters and numerals not less than 0.078 inches high and raised above or sunk below the tire surface not less than 0.015 inches. (a) The symbol DOT, which constitutes a certification that the tire conforms to applicable Federal motor vehicle safety standards; (b) The tire size designation as listed in the documents and publications specified in S4.1.1 of this standard; (c) The maximum permissible inflation pressure, subject to the limitations of S5.5.4 through S5.5.6 of this standard; (d) The maximum load rating and for LT tires, the letter designating the tire load range; (e) The generic name of each cord material used in the plies (both sidewall and tread area) of the tire; (f) The actual number of plies in the sidewall, and the actual number of plies in the tread area, if different; (g) The term ``tubeless'' or ``tube type,'' as applicable; (h) The word ``radial,'' if the tire is a radial ply tire; and (i) Alpine Symbol. A tire meeting the definition of a snow tire as defined in paragraph S3 may, at the option of the manufacturer, show the pictograph of a mountain with a snowflake as shown below. If the manufacturer chooses to mark the snow tire with the alpine symbol, the mountain profile must have a minimum base of 15 mm and a minimum height of 15 mm, and must contain three peaks with the middle peak being the tallest. Inside the mountain, there must be a six-sided snowflake having a minimum height of one-half the tallest peak. [GRAPHIC] [TIFF OMITTED] TR28NO08.009 S5.5.1 Tire identification number. [[Page 692]] (a) Tires manufactured before September 1, 2009. Each tire must be labeled with the tire identification number required by 49 CFR part 574 on a sidewall of the tire. Except for retreaded tires, either the tire identification number or a partial tire identification number, containing all characters in the tire identification number, except for the date code and, at the discretion of the manufacturer, any optional code, must be labeled on the other sidewall of the tire. (b) Tires manufactured on or after September 1, 2009. Each tire must be labeled with the tire identification number required by 49 CFR part 574 on the intended outboard sidewall of the tire. Except for retreaded tires, either the tire identification number or a partial tire identification number, containing all characters in the tire identification number, except for the date code and, at the discretion of the manufacturer, any optional code, must be labeled on the other sidewall of the tire. Except for retreaded tires, if a tire does not have an intended outboard sidewall, the tire must be labeled with the tire identification number required by 49 CFR part 574 on one sidewall and with either the tire identification number or a partial tire identification number, containing all characters in the tire identification number except for the date code and, at the discretion of the manufacturer, any optional code, on the other sidewall. S5.5.2 [Reserved] S5.5.3 Each tire must be labeled with the name of the manufacturer, or brand name and number assigned to the manufacturer in the manner specified in 49 CFR part 574. S5.5.4 For passenger car tires, if the maximum inflation pressure of a tire is 240, 280, 300, 340, or 350 kPa, then: (a) Each marking of that inflation pressure pursuant to S5.5(c) must be followed in parenthesis by the equivalent psi, rounded to the next higher whole number; and (b) Each marking of the tire's maximum load rating pursuant to S5.5(d) in kilograms must be followed in parenthesis by the equivalent load rating in pounds, rounded to the nearest whole number. S5.5.5 If the maximum inflation pressure of a tire is 420 kPa (60 psi), the tire must have permanently molded into or onto both sidewalls, in letters and numerals not less than \1/2\ inch high, the words ``Inflate to 60 psi'' or ``Inflate to 420 kPa (60 psi).'' On both sidewalls, the words must be positioned in an area between the tire shoulder and the bead of the tire. However, the words must be also positioned on the tire so that they are not obstructed by the flange of any rim designated for use with that tire in this standard or in Standard No. 110 (Sec. 571.110 of this part). S5.5.6 For LT tires, the maximum permissible inflation pressure shown must be the inflation pressure that corresponds to the maximum load of the tire for the tire size as specified in one of the publications described in S4.1.1.(b) of Sec. 571.139. At the manufacturer's option, the shown inflation pressure may be as much as 10 psi (69 kPa) greater than the inflation pressure corresponding to the specified maximum load. S6. Test procedures, conditions and performance requirements. Each tire shall meet all of the applicable requirements of this section when tested according to the conditions and procedures set forth in S5 and S6.1 through S6.7. S6.1. Tire dimensions S6.1.1 Test conditions and procedures. S6.1.1.1 Tire Preparation. S6.1.1.1.1 Mount the tire on the measuring rim specified by the tire manufacturer or in one of the publications listed in S4.1.1 S6.1.1.1.2 For passenger car tires, inflate to the pressure specified in the following table: ------------------------------------------------------------------------ Inflation pressure (kPa) ------------------------------------------------------------------------- Standard Reinforced ------------------------------------------------------------------------ 180..................................................... 220 ------------------------------------------------------------------------ S6.1.1.1.3 In the case of a LT tire, inflate it to the pressure at maximum load as labeled on sidewall. S6.1.1.1.4 Condition the assembly at an ambient room temperature of 20 [deg]C to 30 [deg]C for not less than 24 hours. S6.1.1.1.5 Readjust the tire pressure to that specified in S6.1.1.1.2. S6.1.1.2 Test procedure. S6.1.1.2.1 Measure the section width and overall width by caliper at six [[Page 693]] points approximately equally spaced around the circumference of the tire, avoiding measurement of the additional thickness of the special protective ribs or bands. The average of the measurements so obtained are taken as the section width and overall width, respectively. S6.1.1.2.2 Determine the outer diameter by measuring the maximum circumference of the tire and dividing the figure so obtained by Pi (3.14). S6.1.2 Performance Requirements. The actual section width and overall width for each tire measured in accordance with S6.1.1.2 shall not exceed the section width specified in a submission made by an individual manufacturer, pursuant to S4.1.1(a) or in one of the publications described in S4.1.1(b) for its size designation and type by more than: (a) (For tires with a maximum permissible inflation pressure of 32, 36, or 40 psi) 7 percent, or (b) (For tires with a maximum permissible inflation pressure of 240, 280, 300, 340 or 350 kPa) 7 percent or 10 mm (0.4 inches), whichever is larger. S6.2 High Speed Performance S6.2.1 Test conditions and procedures. S6.2.1.1 Preparation of tire. S6.2.1.1.1 Mount the tire on a test rim and inflate it to the pressure specified for the tire in the following table: ------------------------------------------------------------------------ Test Tire application pressure (kPa) ------------------------------------------------------------------------ Passenger car tires: Standard load.......................................... 220 Extra load............................................. 260 Light truck tires with a nominal cross section <=295 mm (11.5 inches): Load Range C........................................... 320 Load Range D........................................... 410 Load Range E........................................... 500 Light truck tires with a nominal cross section 295 mm (11.5 inches) Load Range C........................................... 230 Load Range D........................................... 320 Load Range E........................................... 410 ------------------------------------------------------------------------ S6.2.1.1.2 Condition the assembly at 32 to 38 [deg]C for not less than 3 hours. S6.2.1.1.3 Before or after mounting the assembly on a test axle, readjust the tire pressure to that specified in S6.2.1.1.1. S6.2.1.2 Test procedure. S6.2.1.2.1 Press the assembly against the outer face of a test drum with a diameter of 1.70 m 1%. S6.2.1.2.2 Apply to the test axle a load equal to 85% of the tire's maximum load carrying capacity. S6.2.1.2.3 Break-in the tire by running it for 2 hours at 80 km/h. S6.2.1.2.4 Allow tire to cool to 38 [deg]C and readjust inflation pressure to applicable pressure in 6.2.1.1.1 immediately before the test. S6.2.1.2.5 Throughout the test, the inflation pressure is not corrected and the test load is maintained at the value applied in S6.2.1.2.2. S6.2.1.2.6 During the test, the ambient temperature, measured at a distance of not less than 150 mm and not more than 1 m from the tire, is maintained at not less than 32 [deg]C or more than 38 [deg]C. S6.2.1.2.7 The test is conducted, continuously and uninterrupted, for ninety minutes through three thirty-minute consecutive test stages at the following speeds: 140, 150, and 160 km/h. S6.2.1.2.8 Allow the tire to cool for between 15 minutes and 25 minutes. Measure its inflation pressure. Then, deflate the tire, remove it from the test rim, and inspect it for the conditions specified in S6.2.2(a). S6.2.2 Performance requirements. When the tire is tested in accordance with S6.2.1: (a) There shall be no visual evidence of tread, sidewall, ply, cord, innerliner, belt or bead separation, chunking, open splices, cracking, or broken cords. (b) The tire pressure, when measured at any time between 15 minutes and 25 minutes after the end of the test, shall not be less than 95% of the initial pressure specified in S6.2.1.1.1. S6.3 Tire Endurance S6.3.1 Test conditions and procedures. S6.3.1.1 Preparation of Tire. S6.3.1.1.1 Mount the tire on a test rim and inflate it to the pressure specified for the tire in the following table: ------------------------------------------------------------------------ Test Tire application pressure (kPa) ------------------------------------------------------------------------ Passenger car tires: Standard load.......................................... 180 Extra load............................................. 220 Light truck tires with a nominal cross section <=295 mm (11.5 inches) Load Range C........................................... 260 Load Range D........................................... 340 Load Range E........................................... 410 Light truck tires with a nominal cross section 295 mm (11.5 inches) [[Page 694]] Load Range C........................................... 190 Load Range D........................................... 260 Load Range E........................................... 340 ------------------------------------------------------------------------ S6.3.1.1.2 Condition the assembly at 32 to 38 [deg]C for not less than 3 hours. S6.3.1.1.3 Readjust the pressure to the value specified in S6.3.1.1.1 immediately before testing. S6.3.1.2 Test Procedure. S6.3.1.2.1 Mount the assembly on a test axle and press it against the outer face of a smooth wheel having a diameter of 1.70 m 1%. S6.3.1.2.2 During the test, the ambient temperature, at a distance of not less than 150 mm and not more than 1 m from the tire, is maintained at not less than 32 [deg]C or more than 38 [deg]C. S6.3.1.2.3 Conduct the test, without interruptions, at the test speed of not less than 120 km/h with loads and test periods not less than those shown in the following table. For snow tires, conduct the test at not less than 110 km/h. ------------------------------------------------------------------------ Load as a percentage Test period Duration of tire (hours) maximum load rating ------------------------------------------------------------------------ 1............................................. 4 85 2............................................. 6 90 3............................................. 24 100 ------------------------------------------------------------------------ S6.3.1.2.4 Throughout the test, the inflation pressure is not corrected and the test loads are maintained at the value corresponding to each test period, as shown in the table in S6.3.1.2.3. S6.3.1.2.5 Allow the tire to cool for between 15 minutes and 25 minutes after running the tire for the time specified in the table in S6.3.1.2.3, measure its inflation pressure. Inspect the tire externally on the test rim for the conditions specified in S6.3.2(a). S6.3.2 Performance requirements. When the tire is tested in accordance with S6.3.1: (a) There shall be no visual evidence of tread, sidewall, ply, cord, belt or bead separation, chunking, open splices, cracking or broken cords. (b) The tire pressure, when measured at any time between 15 minutes and 25 minutes after the end of the test, shall not be less than 95% of the initial pressure specified in S6.3.1.1.1. S6.4 Low Inflation Pressure Performance S6.4.1 Test conditions and procedures. S6.4.1.1 Preparation of tire. S6.4.1.1.1 This test is conducted following completion of the tire endurance test using the same tire and rim assembly tested in accordance with S6.3 with the tire deflated to the following appropriate pressure: ------------------------------------------------------------------------ Test Tire application pressure (kPa) ------------------------------------------------------------------------ Passenger car tires.................................... Standard load.......................................... 140 Extra load............................................. 160 Light truck tires with a nominal cross section <=295 mm (11.5 inches) Load Range C........................................... 200 Load Range D........................................... 260 Load Range E........................................... 320 Light truck tires with a nominal cross section 295 mm (11.5 inches) Load Range C........................................... 150 Load Range D........................................... 200 Load Range E........................................... 260 ------------------------------------------------------------------------ S6.4.1.1.2 After the tire is deflated to the appropriate test pressure in S6.4.1.1.1 at the completion of the endurance test, condition the assembly at 32 to 38 [deg]C for not less than 2 hours. S6.4.1.1.3 Before or after mounting the assembly on a test axle, readjust the tire pressure to that specified in S6.4.1.1.1. S6.4.1.2 Test procedure. S6.4.1.2.1 The test is conducted for ninety minutes at the end of the test specified in S6.3, continuous and uninterrupted, at a speed of 120 km/h (75 mph). For snow tires, conduct the test at not less than 110 km/h. S6.4.1.2.2 Press the assembly against the outer face of a test drum with a diameter of 1.70 m + 1%. S6.4.1.2.3 Apply to the test axle a load equal to 100% of the tire's maximum load carrying capacity. S6.4.1.2.4 Throughout the test, the inflation pressure is not corrected and the test load is maintained at the initial level. S6.4.1.2.5 During the test, the ambient temperature, at a distance of not less than 150 mm and not more than 1 m from the tire, is maintained at not less than 32 [deg]C or more than 38 [deg]C. S6.4.1.2.6 Allow the tire to cool for between 15 minutes and 25 minutes. [[Page 695]] Measure its inflation pressure. Then, deflate the tire, remove it from the test rim, and inspect it for the conditions specified in S6.4.2(a). S6.4.2 Performance requirements. When the tire is tested in accordance with S6.4.1: (a) There shall be no visual evidence of tread, sidewall, ply, cord, innerliner, belt or bead separation, chunking, open splices, cracking, or broken cords, and (b) The tire pressure, when measured at any time between 15 minutes and 25 minutes after the end of the test, shall not be less than 95% of the initial pressure specified in S6.4.1.1.1. S6.5 Tire strength. S6.5.1 Tire strength for passenger car tires. Each tire shall comply with the requirements of S5.3 of Sec. 571.109. S6.5.2 Tire strength for LT tires. Each tire shall comply with the requirements of S7.3 of Sec. 571.119. S6.6 Tubeless tire bead unseating resistance. Each tire shall comply with the requirements of S5.2 of Sec. 571.109. For light truck tires, the maximum permissible inflation pressure to be used for the bead unseating test is as follows: Load Range C............................... 260 kPa. Load Range D............................... 340 kPa. Load Range E............................... 410 kPa. For light truck tires with a nominal cross section greater than 295 mm (11.5 inches), the maximum permissible inflation pressure to be used for the bead unseating test is as follows: Load Range C............................... 190 kPa. Load Range D............................... 260 kPa. Load Range E............................... 340 kPa. S7. Phase-in schedule for tire markings. S7.1 Tires manufactured on or after September 1, 2005 and before September 1, 2006. For tires manufactured on or after September 1, 2005 and before September 1, 2006, the number of tires complying with S4, S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and S5.5.6 of this standard must be equal to not less than 40% of the manufacturer's production during that period. S7.2 Tires manufactured on or after September 1, 2006 and before September 1, 2007. For tires manufactured on or after September 1, 2006 and before September 1, 2007, the number of tires complying with S4, S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and S5.5.6 of this standard must be equal to not less than 70% of the manufacturer's production during that period. S7.3 Tires manufactured on or after September 1, 2007. Each tire must comply with S4, S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and S5.5.6 of this standard. [67 FR 69627, Nov. 18, 2002, as amended at 68 FR 38150, June 26, 2003; 69 FR 31319, June 3, 2004; 71 FR 886, Jan. 6, 2006; 72 FR 49211, Aug. 28, 2007; 73 FR 72358, Nov. 28, 2008; 77 FR 760, Jan. 6, 2012; 86 FR 48545, Aug. 31, 2021; 87 FR 34810, June 8, 2022] Sec. 571.141 Standard No. 141; Minimum Sound Requirements for Hybrid and Electric Vehicles. S1. Scope. This standard establishes performance requirements for pedestrian alert sounds for motor vehicles. S2. Purpose. The purpose of this standard is to reduce the number of injuries that result from electric and hybrid vehicle crashes with pedestrians by providing a sound level and sound characteristics necessary for these vehicles to be detected and recognized by pedestrians. S3. Application. This standard applies to-- (a) Electric vehicles with a gross vehicle weight rating (GVWR) of 4,536 Kg or less that are passenger cars, multipurpose passenger vehicles, trucks, or buses; (b) Hybrid vehicles with a gross vehicle weight rating (GVWR) of 4,536 Kg or less that are passenger cars, multi-purpose passenger vehicles, trucks, or buses; and (c) Electric vehicles and hybrid vehicles that are low speed vehicles. S4. Definitions. Band or one-third octave band means one of thirteen one-third octave bands having nominal center frequencies ranging from 315 to 5000Hz. These are Bands 25 through 37 as defined in Table A1, Mid-band Frequencies for One-Third-Octave-Band and Octave-Band Filters in the Audio Range, of ANSI S1.11-2004: ``Specification for Octave-Band and Fractional-Octave-Band Analog and Digital Filters'' (incorporated by reference, see Sec. 571.5). [[Page 696]] Band sum means the combination of Sound Pressure Levels (SPLs) from selected bands that produce an SPL representing the sound in all of these bands. Band sum is calculated with the following equation: [GRAPHIC] [TIFF OMITTED] TR14DE16.018 where SPLi is the sound pressure level in each selected band. Electric vehicle means a motor vehicle with an electric motor as its sole means of propulsion. Front plane of the vehicle means a vertical plane tangent to the leading edge of the vehicle during forward operation. Hybrid vehicle means a motor vehicle which has more than one means of propulsion for which the vehicle's propulsion system can propel the vehicle in the normal travel mode in at least one forward drive gear or reverse without the internal combustion engine operating. Rear plane means a vertical plane tangent to the leading edge of the rear of the vehicle during operation in reverse. Trim level is defined to mean a subset of vehicles within the same model designation with the same body type and which are alike in their general level of standard equipment, such as a ``base'' trim level of a vehicle model. Vehicles with only minor trim differences that are unlikely to affect vehicle-emitted sound are not considered different for the purposes of this safety standard. S5. Requirements. Subject to the phase-in set forth in S9 of this standard, each hybrid and electric vehicle must meet the requirements specified in either S5.1 or S5.2. subject to the requirements in S5.3. Each vehicle must also meet the requirements in S5.4 and S5.5. S5.1 Performance requirements for four-band alert sounds. S5.1.1 Stationary. When stationary the vehicle must satisfy S5.1.1.1 and S5.1.1.2 whenever the vehicle's propulsion system is activated and: (i) In the case of a vehicle with an automatic transmission, the vehicle's gear selector is in Neutral or any gear position other than Park that provides forward vehicle propulsion; (iii) in the case of a vehicle with a manual transmission, the vehicle's parking brake is released and the gear selector is not in Reverse. S5.1.1.1 For detection, the vehicle must emit a sound having at least the A-weighted sound pressure level according to Table 1 in each of four non-adjacent bands spanning no fewer than 9 of the 13 bands from 315 to 5000 Hz. S5.1.1.2 For directivity, the vehicle must emit a sound measured at the microphone on the line CC' having at least the A-weighted sound pressure level according to Table 1 in each of four non-adjacent bands spanning no fewer than 9 of the 13 bands from 315 to 5000Hz. Table 1--One-Third Octave Band Min. SPL Requirements for Sound When Stationary and Constant Speeds Less Than 10km/h ------------------------------------------------------------------------ Min SPL, A- One-third octave band center frequency, Hz weighted dB ------------------------------------------------------------------------ 315..................................................... 39 400..................................................... 39 500..................................................... 40 630..................................................... 40 800..................................................... 41 1000.................................................... 41 1250.................................................... 42 1600.................................................... 39 2000.................................................... 39 2500.................................................... 37 3150.................................................... 34 4000.................................................... 32 5000.................................................... 31 ------------------------------------------------------------------------ S5.1.2 Reverse. For vehicles capable of rearward self-propulsion, whenever the vehicle's gear selector is in the Reverse position, the vehicle must emit a sound having at least the A-weighted sound pressure level according to Table 2 in each of four non-adjacent bands spanning no fewer than 9 of the 13 bands from 315 to 5000Hz. [[Page 697]] Table 2--One-Third Octave Band Min. SPL Requirements for Sound while in Reverse ------------------------------------------------------------------------ Min SPL, A- One-third octave band center frequency, Hz weighted dB ------------------------------------------------------------------------ 315..................................................... 42 400..................................................... 41 500..................................................... 43 630..................................................... 43 800..................................................... 44 1000.................................................... 44 1250.................................................... 45 1600.................................................... 41 2000.................................................... 42 2500.................................................... 40 3150.................................................... 37 4000.................................................... 35 5000.................................................... 33 ------------------------------------------------------------------------ S5.1.3 Constant pass-by speeds greater than 0 km/h but less than 20 km/h. When at a constant speed greater than 0 km/h but less than 20 km/h the vehicle must emit a sound having at least the A-weighted sound pressure level according to Table 1 or Table 3 as applicable based upon vehicle test speed in each of four non-adjacent bands spanning no fewer than 9 of the 13 bands from 315 to 5000 Hz. Table 3--One-Third Octave Band Min. SPL Requirements for Constant Pass- by Speeds Greater Than or Equal to 10 km/h but Less Than 20 km/h ------------------------------------------------------------------------ Min SPL, A- One-third octave band center frequency, Hz weighted dB ------------------------------------------------------------------------ 315..................................................... 45 400..................................................... 44 500..................................................... 46 630..................................................... 46 800..................................................... 47 1000.................................................... 47 1250.................................................... 48 1600.................................................... 44 2000.................................................... 45 2500.................................................... 43 3150.................................................... 40 4000.................................................... 38 5000.................................................... 36 ------------------------------------------------------------------------ S5.1.4 Constant pass-by speeds greater than or equal to 20km/h but less than 30 km/h. When at a constant speed equal to or greater than 20 km/h but less than 30 km/h the vehicle must emit a sound having at least the A-weighted sound pressure level according to Table 4 in each of four non-adjacent bands spanning no fewer than 9 of the 13 bands from 315 to 5000 Hz. Table 4--One-Third Octave Band Min. SPL Requirements for Constant Pass- by Speeds Greater Than or Equal to 20 km/h but Less Than 30 km/h ------------------------------------------------------------------------ Min SPL, A- One-third octave band center frequency, Hz weighted dB ------------------------------------------------------------------------ 315..................................................... 52 400..................................................... 51 500..................................................... 52 630..................................................... 53 800..................................................... 53 1000.................................................... 54 1250.................................................... 54 1600.................................................... 51 2000.................................................... 51 2500.................................................... 50 3150.................................................... 47 4000.................................................... 45 5000.................................................... 43 ------------------------------------------------------------------------ S5.1.5 Constant 30km/h pass-by. When at a constant speed of 30-32 km/h the vehicle must emit a sound having at least the A-weighted sound pressure level according to Table 5 in each of four non-adjacent bands spanning no fewer than 9 of the 13 bands from 315 to 5000 Hz. Table 5--One-Third Octave Band Min. SPL Requirements for 30-32 km/h Pass- By ------------------------------------------------------------------------ Min SPL, A- One-third octave band center frequency, Hz weighted dB ------------------------------------------------------------------------ 315..................................................... 56 400..................................................... 55 500..................................................... 57 630..................................................... 57 800..................................................... 58 1000.................................................... 58 1250.................................................... 59 1600.................................................... 55 2000.................................................... 55 2500.................................................... 54 3150.................................................... 51 4000.................................................... 49 5000.................................................... 47 ------------------------------------------------------------------------ S5.2 Performance requirements for two-band alert sounds. When operating under the vehicle speed conditions specified in Table 6, the vehicle must emit sound having two non-adjacent one-third octave bands from 315 to 3150 Hz each having at least the A-weighted sound pressure level according to the minimum SPL requirements in Table 6 and spanning no fewer than three one-third octave bands from 315 to 3150 Hz. One of the two bands meeting the minimum requirements in Table 6 shall be the band that has the highest SPL of the 315 to 800 Hz bands and the second band shall be the band meeting the minimum requirements in Table 6 that [[Page 698]] has the highest SPL of the 1000 to 3150 Hz bands. The two bands used to meet the two-band minimum requirements must also meet the band sum requirements as specified in Table 6. Table 6--One-Third Octave Band Minimum Requirements for Two-Band Alert ------------------------------------------------------------------------ A-weighted SPL, dB(A) ------------------------------- Vehicle speed Minimum in each band Band sum ------------------------------------------------------------------------ Reverse................................. 40 48 Stationary and up to but not including 40 44 10 km/h................................ 10 km/h up to but not including 20 km/h. 42 51 20 km/h up to but not including 30 km/h. 47 57 30 km/h................................. 52 62 ------------------------------------------------------------------------ S5.2.1 When tested according to the test procedure in S7.1 the vehicle must emit a sound measured at the microphone on the line CC' having at least two non-adjacent octave bands from 315 to 3150 Hz each having at least the A-weighted sound pressure level, indicated in the ``Minimum in Each Band'' column in Table 6 for the ``Stationary up to but not including 10 km/h'' condition. The two bands used to meet the two-band minimum requirements must also meet the Band Sum as specified in Table 6. S5.3 If a hybrid vehicle to which this standard applies is evaluated for compliance with requirements in S5.1.1 through S5.1.5 or S5.2 (Stationary, Reverse, Pass-by at 10 km/h, 20 km/h, and 30 km/h, respectively), and during testing to any one of those requirements the vehicle is measured for ten consecutive times without recording a valid measurement, or for a total of 20 times without recording four valid measurements because the vehicle's ICE remains active for the entire duration of a measurement or the vehicle's ICE activates intermittently during every measurement, the vehicle is exempted from meeting the specific requirement that was under evaluation at the time the ICE interfered in the prescribed manner. S5.4 Relative volume change to signify acceleration and deceleration. The sound produced by the vehicle in accordance with paragraph S5 shall change in volume, as calculated in S7.6, from one critical operating condition to the next in accordance with the requirements in Table 7. Table 7--Minimum Relative Volume Change Requirements ------------------------------------------------------------------------ Minimum relative Critical operating speed intervals volume change, dB ------------------------------------------------------------------------ Between: Stationary and 10 km/h.................................. 3 10 km/h and 20 km/h..................................... 3 20 km/h and 30 km/h..................................... 3 ------------------------------------------------------------------------ S5.5 Sameness requirement S5.5.1 Any two vehicles of the same make, model, model year, body type, and trim level (as those terms are defined in 49 CFR 565.12 or in section S4 of this safety standard) to which this safety standard applies shall be designed to have the same pedestrian alert sound when operating under the same test conditions and at the same speed including any test conditions and speeds for which an alert sound is required in Section S5 of this safety standard. S5.5.2 For the purposes of this requirement, the pedestrian alert sound of vehicles which meet the applicable requirements in S5.1 through S5.4 of this standard are deemed to be the same if the digital source of the sound, if any, is the same and if the algorithms that either generate the sound directly or process the digital source to generate the sound are the same. S6. Test Conditions. S6.1 Weather conditions. The ambient conditions specified by this section will be met at all times during the tests described in S7. Conditions will be measured with the accuracy required in S6.3.3 at the microphone height specified in S6.4 0.02 m. [[Page 699]] S6.1.1 The ambient temperature will be between 5 [deg]C (41 [deg]F) and 40 [deg]C (104 [deg]F). S6.1.2 The maximum wind speed at the microphone height is no greater than 5 m/s (11 mph), including gusts. S6.1.3 No precipitation and the test surface is dry. S6.1.4 Background noise level. The background noise level will be measured and reported as specified in S6.7, Ambient correction. S6.2 Test surface. Test surface will meet the requirements of ISO 10844:1994, ISO 10844:2011, or ISO 10844:2014 (incorporated by reference, see Sec. 571.5). S6.3 Instrumentation. S6.3.1 Acoustical measurement. Instruments for acoustical measurement will meet the requirements of S5.1 of SAE J2889-1 (incorporated by reference, see Sec. 571.5). S6.3.2 Vehicle speed measurement. Instruments used to measure vehicle speed during the constant speed pass-by tests in S7 of this standard will be capable of either continuous measurement of speed within 0.5 km/h over the entire measurement zone specified in S6.4 or independent measurements of speed within 0.2 km/h at the beginning and end of the measurement zone specified in S6.4. S6.3.3 Meteorological instrumentation. Instruments used to measure ambient conditions at the test site will meet the requirements of S5.3 of SAE J2889-1 (incorporated by reference, see Sec. 571.5). S6.4 Test site. The test site will be established per the requirements of 6.1 of SAE J2889-1 (incorporated by reference, see Sec. 571.5), including Figure 1, ``Test Site Dimensions'' with the definitions of the abbreviations in Figure 1 as given in Table 1of SAE J2889-1 (incorporated by reference, see Sec. 571.5). Microphone positions will meet the requirements of 7.1.1 of SAE J2889-1 (incorporated by reference, see Sec. 571.5). S6.5 Test set up for directivity measurement will be as per S6.4 with the addition of one microphone meeting the requirements of S6.3.1 placed on the line CC', 2m forward of the line PP' at a height of 1.2m above ground level. S6.6 Vehicle condition (a) The vehicle's doors are shut and locked and windows are shut. (b) All accessory equipment (air conditioner, wipers, heat, HVAC fan, audio/video systems, etc.) that can be shut down, will be off. Propulsion battery cooling fans and pumps and other components of the vehicle's propulsion battery thermal management system are not considered accessory equipment. During night time testing test vehicle headlights may be activated. (c) Vehicle's electric propulsion batteries, if any, are charged according to the requirements of S7.1.2.2 of SAE J2889-1 (incorporated by reference, see Sec. 571.5). If propulsion batteries must be recharged during testing to ensure internal combustion engine does not activate, manufacturer instructions will be followed. (d) Vehicle test weight, including the driver and instrumentation, will be evenly distributed between the left and right side of the vehicle and will not exceed the vehicle's GVWR or GAWR: (1) For passenger cars, and MPVs, trucks, and buses with a GVWR of 4,536 kg (10,000 pounds) or less, the vehicle test weight is the unloaded vehicle weight plus 180 kg (396 pounds); (2) For LSVs, the test weight is the unloaded vehicle weight plus 78 kg (170 pounds). (e) Tires will be free of all debris and each tire's cold tire inflation pressure set to: (1) For passenger cars, and MPVs, trucks, and buses with a GVWR of 4,536 kg (10,000 pounds) or less, the inflation pressure specified on the vehicle placard in FMVSS No. 110; (2) For LSVs, the inflation pressure recommended by the manufacturer for GVWR; if none is specified, the maximum inflation pressure listed on the sidewall of the tires. (f) Tires are conditioned by driving the test vehicle around a circle 30 meters (100 feet) in diameter at a speed that produces a lateral acceleration of 0.5 to 0.6 g for three clockwise laps followed by three counterclockwise laps; S6.7 Ambient correction. S6.7.1 Measure the ambient noise for at least 30 seconds immediately before and after each series of vehicle tests. A series is a test condition, i.e. stationary, reverse, 10 km/h pass-by test, [[Page 700]] 20 km/h pass-by test, or 30 km/h pass-by test. Ambient noise data files will be collected from each microphone required by the test procedures in S7. S6.7.2 For each microphone, determine the minimum A-weighted overall ambient SPL during the 60 seconds (or more) of recorded ambient noise consisting of at least 30 seconds recorded immediately before and at least 30 seconds immediately after each test series. S6.7.3 For each microphone, compute an ambient level for each of the 13 one-third octave bands using the time that is associated with the minimum A-weighted overall ambient identified in S6.7.2 of this section. S6.7.4 To correct overall SPL values for ambient noise, calculate the difference, for each microphone, between the measured overall SPL values for a test vehicle obtained in sections S7.1.4(b) and S7.3.4(b) and the minimum overall ambient SPL values determined in S6.7.2, above. Using Table 8, determine a correction factor for each microphone. Subtract the correction factor from the overall SPL value measured under sections S7.1.4(b) and S7.3.4(b) to calculate the corrected overall SPL value. Any test for which the minimum overall SPL of the ambient is within 3 dB of the uncorrected overall SPL of the vehicle is invalid and not analyzed further. S6.7.5 To correct one-third octave band sound levels for ambient noise, calculate the difference, for each microphone, between the uncorrected level for a one-third octave band (obtained in sections S7.1.5(b), S7.1.6(b) and S7.3.5(b)) and the minimum ambient level in the same one-third octave band as determined in S6.7.3. Use Table 9 to determine if a correction is required for each microphone and one-third octave band. If a correction is required, subtract the appropriate correction factor in Table 9 from the uncorrected one-third octave band sound level to calculate the corrected level for each one-third octave band. If the level of any ambient one-third octave band is within 3 dB of the corresponding uncorrected one-third octave band level, then that one-third octave band is invalid and not analyzed further. Table 8--Overall SPL Corrections for Ambient Noise ------------------------------------------------------------------------ Difference between vehicle measurement and ambient noise level Correction ------------------------------------------------------------------------ Greater than 10 dB......................... 0 dB. Greater than 8 dB but less than or equal to 0.5 dB. 10 dB. Greater than 6 dB but less than or equal to 1.0 dB. 8 dB. Greater than 4.5 dB but less than or equal 1.5 dB. to 6 dB. Greater than 3 dB but less than or equal to 2.5 dB. 4.5 dB. Less than or equal to 3 dB................. Invalid test run. ------------------------------------------------------------------------ Table 9--1/3 Octave Band Corrections for Ambient Noise ------------------------------------------------------------------------ Difference between vehicle 1/3 octave band sound pressure level and ambient noise Correction level ------------------------------------------------------------------------ Greater than 6 dB.......................... 0 dB. Greater than 4.5 dB but less than or equal 1.5 dB. to 6 dB. Greater than 3 dB but less than or equal to 2.5 dB. 4.5 dB. Less than or equal to 3 dB................. Specific 1/3 octave band is not useable. ------------------------------------------------------------------------ S7. Test Procedure. S7.1 Stationary vehicle in forward gear. S7.1.1 Execute stationary tests and collect acoustic sound files. (a) Position the vehicle with the front plane at the line PP', the vehicle centerline on the line CC' and the starting system deactivated. For vehicle equipped with a Park position, place the vehicle's gear selector in ``Park'' and engage the parking brake. For vehicles not equipped with a Park position, place the vehicle's gear selector in ``Neutral'' and engage the parking brake. Activate the starting system to energize the vehicle's propulsion system. [[Page 701]] (b) For vehicles equipped with a Park position for the gear selector, after activating the starting system to energize the vehicle's propulsion system, apply and maintain a full application of the service brake, disengage the vehicle parking brake and then place the vehicle's gear selector in ``Drive,'' or any forward gear. For vehicles not equipped with a Park position for the gear selector, after activating the starting system to energize the vehicle's propulsion system, apply and maintain a full application of the service brake, disengage the vehicle parking brake, disengage the manual clutch (fully depress and hold the clutch pedal), and place the vehicle's gear selector in any forward gear. (c) Execute multiple tests to acquire at least four valid tests within 2 dBA overall SPL in accordance with S7.1.2 and S7.1.3. For each test, measure the sound emitted by the stationary test vehicle for a duration of 10 seconds. (d) During each test a left (driver's side), a right (passenger side), and a front-center acoustic file will be recorded. S7.1.2. Eliminate invalid tests. (a) Determine validity of sound files collected during S7.1.1 tests. Measurements that contain any distinct, transient, loud sounds (e.g., chirping birds, overhead planes, trains, car doors being slammed, etc.) are considered invalid. Measurements that contain sounds emitted by any vehicle system that is automatically activated and constantly engaged during the entire 10 second performance test are considered valid. Measurements that contain sound emitted by any vehicle system that is automatically activated and intermittently engaged at any time during the stationary performance test, are considered invalid. Additionally, when testing a hybrid vehicle with an internal combustion engine, measurements that include sound emitted by the ICE either intermittently or continuously are considered invalid. A valid test requires a valid left side, a valid right side, and a valid front-center acoustic sound file. (b) Sequentially number all tests which are deemed valid based upon the chronological order in which they were conducted. Acoustic files will be identified with a test sequence number and their association with the left side, right side, or front center microphone. S7.1.3 Identify first four valid tests within 2dBA. (a) For each valid test sound file identified in S7.1.2, determine a maximum overall SPL value, in decibels. Each SPL value will be reported to the nearest tenth of a decibel. (b) Compare the first four left-side SPL values from S7.1.3(a) of this paragraph, and determine the range by taking the difference between the largest and smallest of the four values. In the same manner, determine the range of SPL values for the first four right-side and the first four front-center sound files. If the range for the left side, right side, and front-center are all less than or equal to 2.0 dB, then the twelve sound files associated with the first four valid tests will be used for the one-third octave band evaluations in S7.1.5. and S7.1.6. If the range of the SPL values for the left side are not within 2 dBA, or for the right side are not within 2 dBA, or for the front-center of the vehicle are not within 2 dBA, an iterative process will be used to consider sound files from additional sequential tests until the range for all three microphone locations are within 2 dBA for the same sequence number recordings for all three locations. S7.1.4 Compare the average overall SPL for the left and right side of the test vehicle to determine which is lower. (a) Document the maximum overall SPL values in each of the eight acoustic data files (four left side files and four right side files) identified in S7.1.3. (b) Correct each of the eight SPL values from S7.1.4(a) according to S6.7 using the ambient sound level recorded during the test. The results will be reported to the nearest tenth of a decibel. (c) Calculate a left-side average and a right-side average from the ambient-corrected overall SPL values from S71.4(b), and determine the lower of the two sides. The result will be reported to the nearest tenth of a decibel. (d) If the left-side value from S7.1.4(c) is the lower one, then the left side acoustic data will be further evaluated for compliance at the one-third octave [[Page 702]] band levels in accordance with S7.1.5. If the left-side value from S7.1.4(c) is not the lower one, the right-side acoustic data will be further evaluated for compliance at the one-third octave band level in accordance with S7.1.5. S7.1.5 Select one-third octave bands to be used for evaluating compliance with detection requirements for a stationary vehicle. (a) For each of the four left-side or right-side acoustic files, which ever was selected in S7.1.4, determine the sound pressure level in each one-third octave band from 315 Hz up to and including 5000 Hz. (b) Correct the one-third octave band levels in all four sound files to adjust for the ambient sound level recorded during the test according to paragraph S6.7. (c) For each one-third octave band, average the corrected levels from the four sound files. The results will be reported to the nearest tenth of a decibel. (d) For alerts designed to meet the four-band requirements of S5.1 of this standard: (i) Select any four one-third octave bands that are non-adjacent to each other and that span a range of at least nine one-third octave bands in the range of 315 Hz up to and including 5000 Hz to evaluate according to paragraph S7.1.5(d)(ii). This step will be repeated until compliance is established or it is determined that no combination meeting this selection criterion can satisfy paragraph S7.1.5(d)(ii). (ii) Compare the average corrected sound pressure level from S7.1.5(c) in each of the four one-third octave bands selected in paragraph S7.1.5(d)(i) to the required minimum level of the corresponding one-third octave band specified in paragraph S5.1.1, Table 1, to determine compliance. (e) For alerts designed to meet the two-band requirements of S5.2 of this standard: (i) Select the two one-third octave bands, one below 1000 Hz and one at or above 1000 Hz, having the largest A-weighted SPL values within the range of 315 Hz up to 3150 Hz and that are non-adjacent to each other to evaluate according to S7.1.5(e)(ii), below. In the event that the pair of bands with the largest SPL values are the 800 Hz and 1000 Hz bands, then select both of the following pairs to evaluate according S7.1.5(e)(ii): The 800 Hz band along with the band having the second- largest A-weighted SPL value from the 1000 Hz and above bands; and, the 1000 Hz band along with the band having the second-largest A-weighted SPL value from the 800 Hz and below bands. At least one of the band pairs selected as specified in this paragraph shall meet the minimum requirements when evaluated according to S7.1.5(e)(ii). (ii) Compare the average corrected sound pressure level from S7.1.5(c) in each of the two one-third octave bands selected in paragraph S7.1.5(e)(i) to the required minimum level of the corresponding one-third octave band specified in paragraph S5.2, Table 6. Also, compare the band sum of the two bands to the required minimum band sum in Table 6. S7.1.6 Select one-third octave bands to be used for evaluating compliance with directivity requirements for a stationary vehicle. (a) Determine the one-third octave band levels associated with the four front center sound files selected in S7.1.3. (b) The identified one-third octave band levels in each of the four sound files will be corrected for the measured ambient levels as specified in paragraph S6.7. (c) The four corrected sound pressure level values calculated from each of the four sound files in each one-third octave band will be averaged together to get the average corrected sound pressure level in each one-third octave band. (d) For alerts designed to meet the four-band requirements of S5.1 of this standard: (i) Select any four one-third octave bands that are non-adjacent to each other and that span a range of at least nine one-third octave bands in the range of 315 Hz up to and including 5000 Hz to evaluate according to paragraph S7.1.6(d)(ii). This step will be repeated until compliance is established or it is determined that no combination meeting this selection criterion can satisfy paragraph S7.1.6(d)(ii). [[Page 703]] (ii) Compare the average corrected sound pressure level from S7.1.6(c) in each of the four one-third octave bands selected in paragraph S7.1.6(d)(i) to the required minimum level of the corresponding one-third octave band specified in paragraph S5.1.1, Table 1, to determine compliance. (e) For alerts designed to meet the two-band requirements of S5.2 of this standard: (i) Select the two one-third octave bands, one below 1000 Hz and one at or above 1000 Hz, having the largest A-weighted SPL values within the range of 315 Hz up to 3150 Hz and that are non-adjacent to each other to evaluate according to S7.1.6(e)(ii), below. In the event that the pair of bands with the largest SPL values are the 800 Hz and 1000 Hz bands, then select both of the following pairs to evaluate according S7.1.6(e)(ii): The 800 Hz band along with the band having the second- largest A-weighted SPL value from the 1000 Hz and above bands; and, the 1000 Hz band along with the band having the second-largest A-weighted SPL value from the 800 Hz and below bands. At least one of the band pairs selected as specified in this paragraph shall meet the minimum requirements when evaluated according to S7.1.6(e)(ii), below. (ii) Compare the average corrected sound pressure level from S7.1.6(c) in each of the two one-third octave bands selected in paragraph S7.1.6(e)(i) to the required minimum level of the corresponding one-third octave band specified in paragraph S5.2, Table 6. Also, compare the band sum of the two bands to the required minimum band sum in Table 6. S7.2 Stationary vehicle in reverse gear. Test the vehicle per S7.1.1 through S7.1.5 except that the rear plane of the vehicle is placed on the PP' line, no center microphone is used, and the vehicle's transmission gear selector is placed in the `Reverse' position. The minimum sound level requirements for the Reverse test condition are contained in S5.1.2, Table 2, for four-band compliance and in S5.2, Table 6, for two-band compliance. S7.3 Constant speed pass-by tests at speeds greater than 0 km/h but less than 20 km/h. S7.3.1 Execute pass-by tests at 11km/h (1 km/ h) and collect acoustic sound files. (a) For each test, measure the sound emitted by the test vehicle while at a constant speed of 11km/h ( 1km/h) throughout the measurement zone specified in S6.4 between lines AA' and PP'. Execute multiple test runs at 11km/h (1km/h) to acquire at least four valid tests within 2dBA in accordance with S7.3.2 and S7.3.3. (b) During each test, record a left (driver's side) and a right (passenger side) acoustic sound file. S7.3.2 Eliminate invalid tests and acoustic sound files (a) Determine validity of sound files collected during S7.3.1 tests. Measurements that contain any distinct, transient, background sounds (e.g., chirping birds, overhead planes, car doors being slammed, etc.) are considered invalid. Measurements that contain sounds emitted by any vehicle system that is automatically activated and constantly engaged during the entire performance test are considered valid. Measurements that contain sound emitted by any vehicle system that is automatically activated, and intermittently engaged at any time during the performance test, are considered invalid. Additionally, when testing a hybrid vehicle with an internal combustion engine that runs intermittently during a specific test, measurements that contain sound emitted by the ICE are considered invalid. A valid test requires both a valid left side and a valid right side acoustic sound file. (b) Tests which are deemed valid will be numbered sequentially based upon the chronological order in which they were collected. Sound files will retain their test sequence number and their association with the left side or right side microphone. S7.3.3 Identify ``first four valid tests within 2 dBA''. (a) For each valid test sound file identified in S7.3.2, determine a maximum overall SPL value, in decibels. The SPL value will be reported to the nearest tenth of a decibel. (b) Compare the first four left side maximum overall SPL values. Of the [[Page 704]] four SPL values calculate the difference between the largest and smallest maximum SPL values. The same process will be used to determine the difference between the largest and smallest maximum SPL values for the first four right side maximum SPL values. If the difference values on the left and right sides of the test vehicle are both less than or equal to 2.0 dB, then the eight sound files associated with the first four valid tests will be used for the final one-third octave band evaluation in accordance with S7.3.4. and S7.3.5. If the first four test sound files on each side of the vehicle are not within 2 dBA, an iterative process will be used to consider sound files from additional sequential tests until the range for both microphone locations are within 2 dBA for the same sequence number recordings for both locations. S7.3.4 Determine average overall SPL value on each side (left and right) of test vehicle. (a) Document the maximum overall SPL value in decibels for each of the eight acoustic sound data files (four left-side files and four right-side files) identified in S7.3.3. (b) Each of the eight acoustic sound data file maximum overall SPL values will be corrected for the recorded ambient conditions as specified in paragraph S6.7. The test results will be reported to the nearest tenth of a decibel. (c) Calculate the average of the four overall ambient-corrected SPL values on each side of the vehicle to derive one corrected maximum overall SPL value for each side of the vehicle. The result will be reported to the nearest tenth of a decibel. (d) The side of the vehicle with the lowest average corrected maximum overall SPL value will be the side of the vehicle that is further evaluated for compliance at the one-third octave band levels in accordance with S7.3.5. S7.3.5 Select one-third octave bands to be used for evaluating compliance with the constant speed pass-by requirements. (a) The side of the vehicle selected in S7.3.4 will have four associated individual acoustic sound data files. Each sound file shall be broken down into its one-third octave band levels. (b) The identified octave band levels in each of the four sound files will be corrected for the measured ambient levels as specified in paragraph S6.7. (c) The four corrected sound pressure level values calculated from each of the four sound files in each one-third octave band will be averaged together to get the average corrected sound pressure level in each one-third octave band. (d) For alerts designed to meet the four-band requirements of S5.1 of this standard: (i) Select any four one-third octave bands that are non-adjacent to each other and that span a range of at least nine one-third octave bands in the range of 315 Hz up to and including 5000 Hz to evaluate according to paragraph S7.3.5(d)(ii). This step will be repeated until compliance is established or it is determined that no combination meeting this selection criterion can satisfy paragraph S7.3.5(d)(ii). (ii) Compare the average corrected sound pressure level from S7.3.5(c) in each of the four one-third octave bands selected in paragraph S7.3.5(d)(i) to the required minimum level of the corresponding one-third octave band specified in paragraph S5.1.3, Table 3, to determine compliance. (e) For alerts designed to meet the two-band requirements of S5.2 of this standard: (i) Select the two one-third octave bands, one below 1000 Hz and one at or above 1000 Hz, having the largest A-weighted SPL values within the range of 315 Hz up to 3150 Hz and that are non-adjacent to each other to evaluate according to S7.3.5(e)(ii), below. In the event that the pair of bands with the largest SPL values are the 800 Hz and 1000 Hz bands, then select both of the following pairs to evaluate according S7.3.5(e)(ii): The 800 Hz band along with the band having the second- largest A-weighted SPL value from the 1000 Hz and above bands; and, the 1000 Hz band along with the band having the second-largest A-weighted SPL value from the 800 Hz and below bands. At least one of the band pairs selected as specified in this paragraph shall meet the minimum requirements when evaluated according to S7.3.5(e)(ii), below. [[Page 705]] (ii) Compare the average corrected sound pressure level from S7.3.5(c) in each of the two one-third octave bands selected in paragraph S7.3.5(e)(i) to the required minimum level of the corresponding one-third octave band specified in paragraph S5.2, Table 6. Also, compare the band sum of the two bands to the required minimum band sum in Table 6. S7.3.6 The procedures in S7.3.1 through S7.3.5 may be repeated for any pass-by test speed greater than 0 km/h and less than 20 km/h. For test speeds greater than 0 km/h and less than 10 km/h, the minimum sound level requirements are contained in S5.1.1, Table 1, for four-band compliance and in S5.2, Table 6, for two-band compliance. For test speeds greater than or equal to 10 km/h and less than 20 km/h, the minimum sound level requirements are contained in S5.1.3, Table 3, for 4-band compliance and in S5.2, Table 6, for 2-band compliance. S7.4 Pass-by tests at speeds greater than or equal to 20 km/h and less than 30 km/h. Repeat the procedures of S7.3 at 21 km/h 1 km/h. The procedures in S7.3 also may be repeated for any pass-by test speed greater than 20 km/h and less than 30 km/h. For this range of test speeds, the minimum sound level requirements are contained in S5.1.4, Table 4, for four-band compliance and in S5.2, Table 6, for two-band compliance. S7.5 Pass-by tests at 30 km/h. Repeat the procedures of S7.3 at 31 km/h 1 km/h. For this test speed, the minimum sound level requirements are contained in S5.1.5, Table 5, for four-band compliance and in S5.2, Table 6, for two-band compliance. S7.6 Relative volume change. The valid test run data selected for each critical operating scenario in S7.1 (S7.1.5(c)), S7.3 (S7.3.5(c)), S7.4 and S7.5 will be used to derive relative volume change as required in S5.4 as follows: S7.6.1 Calculate the average sound pressure level for each of the 13 one-third octave bands (315 Hz to 5000 Hz) using the four valid test runs identified for each critical operating scenario from S7.1.3 and S7.3.3 (stationary, 10 km/h (111km/h), 20 km/h (211km/h), and 30 km/h (311km/h)). S7.6.2 For each critical operating scenario, normalize the levels of the 13 one-third octave bands by subtracting the corresponding minimum SPL values specified in Table 1 for the stationary operating condition from each of the one-third octave band averages calculated in S7.6.1. S7.6.3 Calculate the NORMALIZED BAND SUM for each critical operating scenario (stationary, 10 km/h (111km/h), 20 km/h (211km/h), and 30 km/h (311km/h)) as follows: [GRAPHIC] [TIFF OMITTED] TR14DE16.019 Where: i represents the 13 one-third octave bands and Normalized Band Leveli is the normalized one-third octave band value derived in S7.6.2. S7.6.4 Calculate the relative volume change between critical operating scenarios (stationary to 10km/h; 10km/h to 20 km/h; 20km/h to 30 km/h) by subtracting the NORMALIZED BAND SUM of the lower speed operating scenario from the NORMALIZED BAND SUM of the next higher speed operating scenario. For example, the relative volume change between 10 km/h (111km/h) and 20 km/h (211km/h) would be the NORMALIZED BAND SUM level at 211km/h minus the NORMALIZED BAND SUM level at 111km/h. S8 Prohibition on altering the sound of a vehicle subject to this standard. No entity subject to the authority of the National Highway Traffic Safety Administration may: (a) Disable, alter, replace, or modify any element of a vehicle installed as original equipment for purposes of complying with this Standard, except in connection with a repair of a vehicle [[Page 706]] malfunction or to remedy a defect or non-compliance; or (b) Provide any person with any mechanism, equipment, process, or device intended to disable, alter, replace, or modify the sound emitting capability of a vehicle subject to this standard, except in connection with a repair of vehicle malfunction or to remedy a defect or non- compliance. S9 Phase-in schedule. S9.1 Hybrid and Electric Vehicles manufactured on or after March 1, 2020, and before February 28, 2021. For hybrid and electric vehicles to which this standard applies manufactured on and after March 1, 2020, and before March 1, 2021, except vehicles produced by small volume manufacturers, the quantity of hybrid and electric vehicles complying with this safety standard shall be not less than 50 percent of one or both of the following: (a) A manufacturer's average annual production of hybrid and electric vehicles on and after September 1, 2016, and before September 1, 2019; (b) A manufacturer's total production of hybrid and electric vehicles on and after March 1, 2020, and before March 1, 2021. S9.2 Hybrid and Electric Vehicles manufactured on or after March 1, 2021. All hybrid and electric vehicles to which this standard applies manufactured on or after March 1, 2021, shall comply with this safety standard. [81 FR 90514, Dec. 14, 2016, as amended at 83 FR 8196, Feb. 26, 2018; 85 FR 54280, Sept. 1, 2020; 87 FR 41625, July 13, 2022] Sec. 571.201 Standard No. 201; Occupant protection in interior impact. S1. Purpose and scope. This standard specifies requirements to afford impact protection for occupants. S2. Application. This standard applies to passenger cars and to multipurpose passenger vehicles, trucks designed to carry at least one person, and buses with a GVWR of 4,536 kilograms or less, except that the requirements of S6 do not apply to buses with a GVWR of more than 3,860 kilograms. S3. Definitions. A-pillar means any pillar that is entirely forward of a transverse vertical plane passing through the seating reference point of the driver's designated seating position or, if there is no driver's designated seating position, any pillar that is entirely forward of a transverse vertical plane passing through the seating reference point of the rearmost designated seating position in the front row of seats. Ambulance means a motor vehicle designed exclusively for the purpose of emergency medical care, as evidenced by the presence of a passenger compartment to accommodate emergency medical personnel, one or more patients on litters or cots, and equipment and supplies for emergency care at a location or during transport. B-pillar means the forwardmost pillar on each side of the vehicle that is, in whole or in part, rearward of a transverse vertical plane passing through the seating reference point of the driver's designated seating position or, if there is no driver's designated seating position, the forwardmost pillar on each side of the vehicle that is, in whole or in part, rearward of a transverse vertical plane passing through the seating reference point of the rearmost designated seating position in the front row of seats, unless: (1) There is only one pillar rearward of that plane and it is also a rearmost pillar; or (2) There is a door frame rearward of the A-pillar and forward of any other pillar or rearmost pillar. Brace means a fixed diagonal structural member in an open body vehicle that is used to brace the roll-bar and that connects the roll- bar to the main body of the vehicle structure. Convertible means a vehicle whose A-pillars are not joined with the B-pillars (or rearmost pillars) by a fixed, rigid structural member. Convertible roof frame means the frame of a convertible roof. Convertible roof linkage mechanism means any anchorage, fastener, or device necessary to deploy a convertible roof frame. Daylight opening means, for openings on the side of the vehicle, other than a door opening, the locus of all points where a horizontal line, perpendicular to the vehicle longitudinal centerline, is tangent to the periphery of the opening. For openings on the front and rear [[Page 707]] of the vehicle, other than a door opening, daylight opening means the locus of all points where a horizontal line, parallel to the vehicle longitudinal centerline, is tangent to the periphery of the opening. If the horizontal line is tangent to the periphery at more than one point at any location, the most inboard point is used to determine the daylight opening. Door frame means the rearmost perimeter structure, including trim but excluding glass, of the forward door and the forwardmost perimeter structure, including trim but excluding glass, of the rear door of a pair of adjacent side doors that: (1) Have opposing hinges; (2) Latch together without engaging or contacting an intervening pillar; (3) Are forward of any pillar other than the A-pillar on the same side of the vehicle; and (4) Are rearward of the A-pillar. Door opening means, for door openings on the side of the vehicle, the locus of all points where a horizontal line, perpendicular to the vehicle longitudinal centerline, is tangent to the periphery of the side door opening. For door openings on the back end of the vehicle, door opening means the locus of all points where a horizontal line, parallel to the vehicle longitudinal centerline, is tangent to the periphery of the back door opening. If the horizontal line is tangent to the periphery at more than one point at any location, the most inboard point is the door opening. Dynamically deployed upper interior head protection system means a protective device or devices which are integrated into a vehicle and which, when activated by an impact, provide, through means requiring no action from occupants, protection against head impacts with upper interior structures and components of the vehicle in crashes. Forehead impact zone means the part of the free motion headform surface area that is determined in accordance with the procedure set forth in S8.10. Free motion headform means a test device which conforms to the specifications of part 572, subpart L of this chapter. Interior rear quarter panel means a vehicle interior component located between the rear edge of the side door frame, the front edge of the rearmost seat back, and the daylight opening. Mid-sagittal plane of a dummy means a longitudinal vertical plane passing through the seating reference point of a designated seating position. Other door frame means the rearmost perimeter structure, including trim but excluding glass, of the forward door and the forwardmost perimeter structure, including trim but excluding glass, of the rear door of a pair of adjacent side doors that: (1) Have opposing hinges; (2) Latch together without engaging or contacting an intervening pillar; and (3) Are rearward of the B-pillar. Other pillar means any pillar which is not an A-pillar, a B-pillar, or a rearmost pillar. Pillar means any structure, excluding glazing and the vertical portion of door window frames, but including accompanying moldings, attached components such as safety belt anchorages and coat hooks, which: (1) If there is a driver's designated seating position, supports either a roof or any other structure (such as a roll-bar) that is above the driver's head, or if there is no driver's designated seating position, supports either a roof or any other structure (such as a roll- bar) that is above the occupant in the rearmost designated seating position in the front row of seats, or (2) Is located along the side edge of a window. Roll-bar means a fixed overhead structural member, including its vertical support structure, that extends from the left to the right side of the passenger compartment of any open body vehicles and convertibles. It does not include a header. Seat belt anchorage means any component involved in transferring seat belt loads to the vehicle structure, including, but not limited to, the attachment hardware, but excluding webbing or straps, seat frames, seat pedestals, and the vehicle structure itself, whose failure causes separation of the belt from the vehicle structure. Seat belt mounting structure means: [[Page 708]] (a) A vehicle body or frame component, including trim, that incorporates an upper seat belt anchorage conforming to the requirements of S4.2.1 and S4.3.2 of 49 CFR 571.210, that is located rearward of the rearmost outboard designated seating position, and that extends above a horizontal plane 660 mm above the seating reference point (SgRP) of that seating position; and (b) A vehicle body or frame component, including trim, that incorporates an upper seat belt anchorage conforming to the requirements of S4.2.1 and S4.3.2 of 49 CFR 571.210, that is located forward of the rearmost outboard designated seating position, and that extends above a horizontal plane 460 mm above the SgRP of that seating position located rearward of the anchorage. (c) The seat belt mounting structure is not a pillar, roll bar, brace or stiffener, side rail, seat, interior rear quarter panel, or part of the roof. Sliding door track means a track structure along the upper edge of a side door opening that secures the door in the closed position and guides the door when moving to and from the open position. Stiffener means a fixed overhead structural member that connects one roll-bar to another roll-bar or to a header of any open body vehicle or convertible. Upper roof means the area of the vehicle interior that is determined in accordance with the procedure set forth in S8.15. Windshield trim means molding of any material between the windshield glazing and the exterior roof surface, including material that covers a part of either the windshield glazing or exterior roof surface. S4 Requirements S4.1 Except as provided in S4.2, each vehicle shall comply with either: (a) The requirements specified in S5, or, (b) The requirements specified in S5 and S6. S4.2 Vehicles manufactured on or after September 1, 1998 shall comply with the requirements of S5 and S6. S5 Requirements for instrument panels, seat backs, interior compartment doors, sun visors, and armrests. Each vehicle shall comply with the requirements specified in S5.1 through S5.5.2. S5.1 Instrument panels. Except as provided in S5.1.1, when that area of the instrument panel that is within the head impact area is impacted in accordance with S5.1.2 by a 6.8 kilogram, 165 mm diameter head form at-- (a) A relative velocity of 24 kilometers per hour for all vehicles except those specified in paragraph (b) of this section, (b) A relative velocity of 19 kilometers per hour for vehicles that meet the occupant crash protection requirements of S5.1 of 49 CFR 571.208 by means of inflatable restraint systems and meet the requirements of S4.1.5.1(a)(3) by means of a Type 2 seat belt assembly at any front passenger designated seating position, the deceleration of the head form shall not exceed 80 g continuously for more than 3 milliseconds. S5.1.1 The requirements of S5.1 do not apply to: (a) Console assemblies; (b) Areas less than 125 mm inboard from the juncture of the instrument panel attachment to the body side inner structure; (c) Areas closer to the windshield juncture than those statically contactable by the head form with the windshield in place; (d) If the steering control is present, areas outboard of any point of tangency on the instrument panel of a 165 mm diameter head form tangent to and inboard of a vertical longitudinal plane tangent to the inboard edge of the steering control; or (e) Areas below any point at which a vertical line is tangent to the rearmost surface of the panel. S5.1.2 Demonstration procedures. Tests shall be performed as described in SAE Recommended Practice J921 (1965) (incorporated by reference, see Sec. 571.5), using the specified instrumentation or instrumentation that meets the performance requirements specified in SAE Recommended Practice J977 (1966) (incorporated by reference, see Sec. 571.5), except that: (a) The origin of the line tangent to the instrument panel surface shall be a point on a transverse horizontal line [[Page 709]] through a point 125 mm horizontally forward of the seating reference point of any front outboard passenger designated seating position, displaced vertically an amount equal to the rise which results from a 125 mm forward adjustment of the seat or 19 mm; and (b) Direction of impact shall be either: (1) In a vertical plane parallel to the vehicle longitudinal axis; or (2) In a plane normal to the surface at the point of contact. S5.2 Seat Backs. Except as provided in S5.2.1, when that area of the seat back that is within the head impact area is impacted in accordance with S5.2.2 by a 6.8 kilogram, 165 mm diameter head form at a relative velocity of 24 kilometers per hour, the deceleration of the head form shall not exceed 80g continuously for more than 3 milliseconds. S5.2.1 The requirements of S5.2 do not apply to seats installed in school buses which comply with the requirements of Standard No. 222, School Bus Passenger Seating and Occupant Protection (49 CFR 571.222) or to rearmost side-facing, back-to-back, folding auxiliary jump, and temporary seats. S5.2.2 Demonstration procedures. Tests shall be performed as described in SAE Recommended Practice J921 (1965) (incorporated by reference, see Sec. 571.5), using the specified instrumentation or instrumentation that meets the performance requirements specified in SAE Recommended Practice J977 (1966) (incorporated by reference, see Sec. 571.5), except that: (a) The origin of the line tangent to the uppermost seat back frame component shall be a point on a transverse horizontal line through the seating reference point of the right rear designated seating position, with adjustable forward seats in their rearmost design driving position and reclinable forward seat backs in their nominal design driving position; (b) Direction of impact shall be either: (1) In a vertical plane parallel to the vehicle longitudinal axis; or (2) In a plane normal to the surface at the point of contact. (c) For seats without head restraints installed, tests shall be performed for each individual split or bucket seat back at points within 100 mm left and right of its centerline, and for each bench seat back between points 100 mm outboard of the centerline of each outboard designated seating position; (d) For seats having head restraints installed, each test shall be conducted with the head restraints in place at its lowest adjusted position, at a point on the head restraint centerline; and (e) For a seat that is installed in more than one body style, tests conducted at the fore and aft extremes identified by application of subparagraph (a) shall be deemed to have demonstrated all intermediate conditions. S5.3 Interior compartment doors. Each interior compartment door assembly located in an instrument panel, console assembly, seat back, or side panel adjacent to a designated seating position shall remain closed when tested in accordance with either S5.3.1(a) and S5.3.1(b) or S5.3.1(a) and S5.3.1(c). Additionally, any interior compartment door located in an instrument panel or seat back shall remain closed when the instrument panel or seat back is tested in accordance with S5.1 and S5.2. All interior compartment door assemblies with a locking device must be tested with the locking device in an unlocked position. S5.3.1 Demonstration procedures. (a) Subject the interior compartment door latch system to an inertia load of 10g in a horizontal transverse direction and an inertia load of 10g in a vertical direction in accordance with the procedure described in section 5 of SAE Recommended Practice J839b (1965) (incorporated by reference, see Sec. 571.5), or an approved equivalent. (b) Impact the vehicle perpendicularly into a fixed collision barrier at a forward longitudinal velocity of 48 kilometers per hour. (c) Subject the interior compartment door latch system to a horizontal inertia load of 30g in a longitudinal direction in accordance with the procedure described in section 5 of SAE Recommended Practice J839b (1965) (incorporated by reference, see Sec. 571.5), or an approved equivalent. S5.4 Sun visors. [[Page 710]] S5.4.1 A sun visor that is constructed of or covered with energy- absorbing material shall be provided for each front outboard designated seating position. S5.4.2 Each sun visor mounting shall present no rigid material edge radius of less than 3.2 mm that is statically contactable by a spherical 165 mm diameter head form. S5.5 Armrests. S5.5.1 General. Each installed armrest shall conform to at least one of the following: (a) It shall be constructed with energy-absorbing material and shall deflect or collapse laterally at least 50 mm without permitting contact with any underlying rigid material. (b) It shall be constructed with energy-absorbing material that deflects or collapses to within 32 mm of a rigid test panel surface without permitting contact with any rigid material. Any rigid material between 13 and 32 mm from the panel surface shall have a minimum vertical height of not less than 25 mm. (c) Along not less than 50 continuous mm of its length, the armrest shall, when measured vertically in side elevation, provide at least 50 mm of coverage within the pelvic impact area. S5.5.2 Folding armrests. Each armrest that folds into the seat back or between two seat backs shall either: (a) Meet the requirements of S5.5.1; or (b) Be constructed of or covered with energy-absorbing material. S6 Requirements for upper interior components. S6.1 Vehicles manufactured on or after September 1, 1998. Except as provided in S6.3 and S6.1.4, for vehicles manufactured on or after September 1, 1998 and before September 1, 2002, a percentage of the manufacturer's production, as specified in S6.1.1, S6.1.2, or S6.1.3 shall conform, at the manufacturer's option, to either S6.1(a) or S6.1(b). For vehicles manufactured by final stage manufacturers on or after September 1, 1998 and before September 1, 2006, a percentage of the manufacturer's production as specified in S6.1.4 shall, except as provided in S6.3, conform, to either S6.1(a) or S6.1(b). The manufacturer shall select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle. (a) When tested under the conditions of S8, comply with the requirements specified in S7 at the target locations specified in S10 when impacted by the free motion headform specified in S8.9 at any speed up to and including 24 km/h (15 mph). The requirements do not apply to any target that cannot be located using the procedures of S10. (b) When equipped with a dynamically deployed upper interior head protection system and tested under the conditions of S8, comply with the requirements specified in S7 at the target locations specified in S10 as follows: (1) Targets that are not located over any point inside the area measured along the contour of the vehicle surface within 50 mm (2.0 inch) of the periphery of the stowed system projected perpendicularly onto the vehicle interior surface, including mounting and inflation components but exclusive of any cover or covers, shall be impacted by the free motion headform specified in S8.9 at any speed up to and including 24 km/h (15 mph). The requirements do not apply to any targets that can not be located by using the procedures of S10. (2) Targets that are over any point inside the area measured along the contour of the vehicle interior within 50 mm (2.0 inch) of the periphery of the stowed system projected perpendicularly onto the vehicle interior surface, including mounting and inflation components but exclusive of any cover or covers, when the dynamically deployed upper interior head protection system is not deployed, shall be impacted by the free motion headform specified in S8.9 at any speed up to and including 19 km/h (12 mph) with the system undeployed. The requirements do not apply to any target that can not be located using the procedures of S10. (3) Each vehicle shall, when equipped with a dummy test device specified in Part 572, subpart M, and tested as specified in S8.16 through S8.28, comply with the requirements specified in S7 when crashed into a fixed, rigid pole of 254 mm in diameter, at any velocity between 24 kilometers per hour (15 mph) and 29 kilometers per hour (18 mph). S6.1.1 Phase-in Schedule 1 [[Page 711]] S6.1.1.1 Vehicles manufactured on or after September 1, 1998 and before September 1, 1999. Subject to S6.1.5(a), for vehicles manufactured by a manufacturer on or after September 1, 1998 and before September 1, 1999, the amount of vehicles complying with S7 shall be not less than 10 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1996 and before September 1, 1999, or (b) The manufacturer's production on or after September 1, 1998 and before September 1, 1999. S6.1.1.2 Vehicles manufactured on or after September 1, 1999 and before September 1, 2000. Subject to S6.1.5(b), for vehicles manufactured by a manufacturer on or after September 1, 1999 and before September 1, 2000, the amount of vehicles complying with S7 shall be not less than 25 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1997 and before September 1, 2000, or (b) The manufacturer's production on or after September 1, 1999 and before September 1, 2000. S6.1.1.3 Vehicles manufactured on or after September 1, 2000 and before September 1, 2001. Subject to S6.1.5(c), for vehicles manufactured by a manufacturer on or after September 1, 2000 and before September 1, 2001, the amount of vehicles complying with S7 shall be not less than 40 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1998 and before September 1, 2001, or (b) The manufacturer's production on or after September 1, 2000 and before September 1, 2001. S6.1.1.4 Vehicles manufactured on or after September 1, 2001 and before September 1, 2002. Subject to S6.1.5(d), for vehicles manufactured by a manufacturer on or after September 1, 2001 and before September 1, 2002, the amount of vehicles complying with S7 shall be not less than 70 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1999 and before September 1, 2002, or (b) The manufacturer's production on or after September 1, 2001 and before September 1, 2002. S6.1.2 Phase-in Schedule 2 S6.1.2.1 Vehicles manufactured on or after September 1, 1998 and before September 1, 1999. Subject to S6.1.5(a), for vehicles manufactured by a manufacturer on or after September 1, 1998 and before September 1, 1999, the amount of vehicles complying with S7 shall be not less than seven percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1996 and before September 1, 1999, or (b) The manufacturer's production on or after September 1, 1998 and before September 1, 1999. S6.1.2.2 Vehicles manufactured on or after September 1, 1999 and before September 1, 2000. Subject to S6.1.5(b), for vehicles manufactured by a manufacturer on or after September 1, 1999 and before September 1, 2000, the amount of vehicles complying with S7 shall be not less than 31 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1997 and before September 1, 2000, or (b) The manufacturer's production on or after September 1, 1999 and before September 1, 2000. S6.1.2.3 Vehicles manufactured on or after September 1, 2000 and before September 1, 2001. Subject to S6.1.5(c), for vehicles manufactured by a manufacturer on or after September 1, 2000 and before September 1, 2001, the amount of vehicles complying with S7 shall be not less than 40 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1998 and before September 1, 2001, or (b) The manufacturer's production on or after September 1, 2000 and before September 1, 2001. S6.1.2.4 Vehicles manufactured on or after September 1, 2001 and before September 1, 2002. Subject to S6.1.5(d), for vehicles manufactured by a manufacturer on or after September 1, 2001 and before September 1, 2002, the amount of vehicles complying with S7 shall be not less than 70 percent of: [[Page 712]] (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1999 and before September 1, 2002, or (b) The manufacturer's production on or after September 1, 2001 and before September 1, 2002. S6.1.3 Phase-in Schedule 3 S6.1.3.1 Vehicles manufactured on or after September 1, 1998 and before September 1, 1999 are not required to comply with the requirements specified in S7. S6.1.3.2 Vehicles manufactured on or after September 1, 1999 shall comply with the requirements specified in S7. S6.1.4 Phase-in Schedule 4 A final stage manufacturer or alterer may, at its option, comply with the requirements set forth in S6.1.4.1 and S6.1.4.2. S6.1.4.1 Vehicles manufactured on or after September 1, 1998 and before September 1, 2009 are not required to comply with the requirements specified in S7. S6.1.4.2 Vehicles manufactured on or after September 1, 2009 shall comply with the requirements specified in S7. S6.1.5 Calculation of complying vehicles. (a) For the purposes of complying with S6.1.1.1 or S6.1.2.1, a manufacturer may count a vehicle if it is manufactured on or after May 8, 1997, but before September 1, 1999. (b) For the purposes of complying with S6.1.1.2 or S6.1.2.2, a manufacturer may count a vehicle if it: (1) Is manufactured on or after May 8, 1997, but before September 1, 2000, and (2) Is not counted toward compliance with S6.1.1.1 or S6.1.2.1, as appropriate. (c) For the purposes of complying with S6.1.1.3 or S6.1.2.3, a manufacturer may count a vehicle if it: (1) Is manufactured on or after May 8, 1997, but before September 1, 2001, and (2) Is not counted toward compliance with S6.1.1.1, S6.1.1.2, S6.1.2.1, or S6.1.2.2, as appropriate. (d) For the purposes of complying with S6.1.1.4 or S6.1.2.4, a manufacturer may count a vehicle if it: (1) Is manufactured on or after May 8, 1997, but before September 1, 2002, and (2) Is not counted toward compliance with S6.1.1.1, S6.1.1.2, S6.1.1.3, S6.1.2.1, S6.1.2.2, or S6.1.2.3, as appropriate. S6.1.6 Vehicles produced by more than one manufacturer. S6.1.6.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S6.1.1 through S6.1.4, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S6.1.6.2. (a) A vehicle which is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer which markets the vehicle. S6.1.6.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S6.1.6.1. S6.2 Vehicles manufactured on or after September 1, 2002 and vehicles built in two or more stages manufactured after September 1, 2006. Except as provided in S6.1.4 and S6.3, vehicles manufactured on or after September 1, 2002 shall, when tested under the conditions of S8, conform, at the manufacturer's option, to either S6.2(a) or S6.2(b). Vehicles manufactured by final stage manufacturers on or after September 1, 2006 shall, except as provided in S6.3, when tested under the conditions of S8, conform, at the manufacturer's option, to either S6.2(a) or S6.2(b). The manufacturer shall select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle. (a) When tested under the conditions of S8, comply with the requirements specified in S7 at the target locations specified in S10 when impacted by the free motion headform specified in S8.9 at any speed up to and including 24 km/h (15 mph). The requirements do not apply to any target that cannot be located using the procedures of S10. [[Page 713]] (b) When equipped with a dynamically deployed upper interior head protection system and tested under the conditions of S8, comply with the requirements specified in S7 at the target locations specified in S10 as follows: (1) Targets that are not located over any point inside the area measured along the contour of the vehicle surface within 50 mm (2.0 inch) of the periphery of the stowed system projected perpendicularly onto the vehicle interior surface, including mounting and inflation components but exclusive of any cover or covers, shall be impacted by the free motion headform specified in S8.9 at any speed up to and including 24 km/h (15 mph). The requirements do not apply to any targets that cannot be located by using the procedures of S10. (2) Targets that are over any point inside the area measured along the contour of the vehicle interior within 50 mm (2.0 inch) of the periphery of the stowed system projected perpendicularly onto the vehicle interior surface, including mounting and inflation components but exclusive of any cover or covers, when the dynamically deployed upper interior head protection system is not deployed, shall be impacted by the free motion headform specified in S8.9 at any speed up to and including 19 km/h (12 mph) with the system undeployed. The requirements do not apply to any target that cannot be located using the procedures of S10. (3) Except as provided in S6.2(b)(4), each vehicle shall, when equipped with a dummy test device specified in 49 CFR part 572, subpart M, and tested as specified in S8.16 through S8.28, comply with the requirements specified in S7 when crashed into a fixed, rigid pole of 254 mm in diameter, at any velocity between 24 kilometers per hour (15 mph) and 29 kilometers per hour (18 mph). (4) Vehicles certified as complying with the vehicle-to-pole requirements of S9 of 49 CFR 571.214, Side Impact Protection, need not comply with the pole test requirements specified in S6.2(b)(3) of this section. S6.3 A vehicle need not meet the requirements of S6.1 through S6.2 for: (a) Any target located on a convertible roof frame or a convertible roof linkage mechanism. (b) Any target located rearward of a vertical plane 600 mm behind the seating reference point of the rearmost designated seating position. For altered vehicles and vehicles built in two or more stages, including ambulances and motor homes, any target located rearward of a vertical plane 300 mm behind the seating reference point of the driver's designated seating position or the rearmost designated seating position in the front row of seats, if there is no driver's designated seating position (tests for altered vehicles and vehicles built in two or more stages do not include, within the time period for measuring HIC(d), any free motion headform contact with components rearward of this plane). If an altered vehicle or vehicle built in two or more stages is equipped with a transverse vertical partition positioned between the seating reference point of the driver's designated seating position and a vertical plane 300 mm behind the seating reference point of the driver's designated seating position, any target located rearward of the vertical partition is excluded. (c) Any target in a vehicle manufactured in two or more stages that is delivered to a final stage manufacturer without an occupant compartment. Note: Motor homes, ambulances, and other vehicles manufactured using a chassis cab, a cut-away van, or any other incomplete vehicle delivered to a final stage manufacturer with a furnished front compartment are not excluded under this S6.3(c). (d) Any target in a walk-in van-type vehicles. (e) Any target located on the seat belt mounting structures, door frames and other door frames before December 1, 2005. S7 Performance Criterion. The HIC(d) shall not exceed 1000 when calculated in accordance with the following formula: [GRAPHIC] [TIFF OMITTED] TR04AU98.002 Where the term a is the resultant head acceleration expressed as a multiple of g (the acceleration of gravity), and t1 [[Page 714]] and t2 are any two points in time during the impact which are separated by not more than a 36 millisecond time interval. (a) For the free motion headform; HIC(d) = 0.75446 (free motion headform HIC) + 166.4. (b) For the part 572, subpart M, anthropomorphic test dummy; HIC(d) = HIC. S8 Target location and test conditions. The vehicle shall be tested and the targets specified in S10 located under the following conditions. S8.1 Vehicle test attitude. (a) The vehicle is supported off its suspension at an attitude determined in accordance with S8.1(b). (b) Directly above each wheel opening, determine the vertical distance between a level surface and a standard reference point on the test vehicle's body under the conditions of S8.1(b)(1) through S8.1(b)(3). (1) The vehicle is loaded to its unloaded vehicle weight, plus its rated cargo and luggage capacity or 136 kg, whichever is less, secured in the luggage area. The load placed in the cargo area is centered over the longitudinal centerline of the vehicle. (2) The vehicle is filled to 100 percent of all fluid capacities. (3) All tires are inflated to the manufacturer's specifications listed on the vehicle's tire placard. S8.2 Windows and Sunroofs. (a) Movable vehicle windows are placed in the fully open position. (b) For testing, any window on the opposite side of the longitudinal centerline of the vehicle from the target to be impacted may be removed. (c) For testing, movable sunroofs are placed in the fully open position. S8.3 Convertible tops. The top, if any, of convertibles and open- body type vehicles is in the closed passenger compartment configuration. S8.4 Doors. (a) Except as provided in S8.4(b) or S8.4(c), doors, including any rear hatchback or tailgate, are fully closed and latched but not locked. (b) During testing, any side door on the opposite side of the longitudinal centerline of the vehicle from the target to be impacted may be open or removed. (c) During testing, any rear hatchback or tailgate may be open or removed for testing any target except targets on the rear header, rearmost pillars, or the rearmost other side rail on either side of the vehicle. S8.5 Sun visors. Each sun visor shall be placed in any position where one side of the visor is in contact with the vehicle interior surface (windshield, side rail, front header, roof, etc.). S8.6 Steering control and seats. (a) During targeting, the steering control and seats may be placed in any position intended for use while the vehicle is in motion. (b) During testing, the steering control and seats may be removed from the vehicle. S8.7 Seat belt anchorages. If a target is on a seat belt anchorage, and if the seat belt anchorage is adjustable, tests are conducted with the anchorage adjusted to a point midway between the two extreme adjustment positions. If the anchorage has distinct adjustment positions, none of which is midway between the two extreme positions, tests are conducted with the anchorage adjusted to the nearest position above the midpoint of the two extreme positions. S8.8 Temperature and humidity. (a) The ambient temperature is between 19 degrees C. and 26 degrees C., at any relative humidity between 10 percent and 70 percent. (b) Tests are not conducted unless the headform specified in S8.9 is exposed to the conditions specified in S8.8(a) for a period not less than four hours. S8.9 Headform. The headform used for testing conforms to the specifications of part 572, subpart L of this chapter. S8.10 Forehead impact zone. The forehead impact zone of the headform is determined according to the procedure specified in (a) through (f). (a) Position the headform so that the baseplate of the skull is horizontal. The midsagittal plane of the headform is designated as Plane S. (b) From the center of the threaded hole on top of the headform, draw a 69 mm line forward toward the forehead, coincident with Plane S, along the contour of the outer skin of the headform. [[Page 715]] The front end of the line is designated as Point P. From Point P, draw a 100 mm line forward toward the forehead, coincident with Plane S, along the contour of the outer skin of the headform. The front end of the line is designated as Point O. (c) Draw a 125 mm line which is coincident with a horizontal plane along the contour of the outer skin of the forehead from left to right through Point O so that the line is bisected at Point O. The end of the line on the left side of the headform is designated as Point a and the end on the right as Point b. (d) Draw another 125 mm line which is coincident with a vertical plane along the contour of the outer skin of the forehead through Point P so that the line is bisected at Point P. The end of the line on the left side of the headform is designated as Point c and the end on the right as Point d. (e) Draw a line from Point a to Point c along the contour of the outer skin of the headform using a flexible steel tape. Using the same method, draw a line from Point b to Point d. (f) The forehead impact zone is the surface area on the FMH forehead bounded by lines a-O-b and c-P-d, and a-c and b-d. S8.11 Target circle. The area of the vehicle to be impacted by the headform is marked with a solid circle 12.7 mm in diameter, centered on the targets specified in S10, using any transferable opaque coloring medium. S8.12 Location of head center of gravity. (a) Location of head center of gravity for front outboard designated seating positions (CG-F). For determination of head center of gravity, all directions are in reference to the seat orientation. (1) Location of rearmost CG-F (CG-F2). For front outboard designated seating positions, the head center of gravity with the seat in its rearmost normal design driving or riding position (CG-F2) is located 160 mm rearward and 660 mm upward from the seating reference point. (2) Location of forwardmost CG-F (CG-F1). For front outboard designated seating positions, the head center of gravity with the seat in its forwardmost adjustment position (CG-F1) is located horizontally forward of CG-F2 by the distance equal to the fore-aft distance of the seat track. (b) Location of head center of gravity for rear outboard designated seating positions (CG-R). For rear outboard designated seating positions, the head center of gravity (CG-R) is located 160 mm rearward, relative to the seat orientation, and 660 mm upward from the seating reference point. S8.13 Impact configuration. S8.13.1 The headform is launched from any location inside the vehicle which meets the conditions of S8.13.4. At the time of launch, the midsagittal plane of the headform is vertical and the headform is upright. S8.13.2 The headform travels freely through the air, along a velocity vector that is perpendicular to the headform's skull cap plate, not less than 25 mm before making any contact with the vehicle. S8.13.3 At the time of initial contact between the headform and the vehicle interior surface, some portion of the forehead impact zone of the headform must contact some portion of the target circle. S8.13.4 Approach angles. The headform launching angle is as specified in Table 1. For components for which Table 1 specifies a range of angles, the headform launching angle is within the limits determined using the procedures specified in S8.13.4.1 and S8.13.4.2, and within the range specified in Table 1, using the orthogonal reference system specified in S9. Table 1--Approach Angle Limits (in Degrees) ------------------------------------------------------------------------ Target component Horizontal Angle Vertical angle ------------------------------------------------------------------------ Front Header................... 180................ 0-50 Rear Header.................... 0 or 360........... 0-50 Left Side Rail................. 270................ 0-50 Right Side Rail................ 90................. 0-50 Left Sliding Door Track........ 270................ 0-50 Right Sliding Door Track....... 90................. 0-50 Left A-Pillar.................. 195-255............ -5-50 [[Page 716]] Right A-Pillar................. 105-165............ -5-50 Left B-Pillar.................. 195-345............ -10-50 Right B-Pillar................. 15-165............. -10-50 Left Door Frame................ 195-345............ -10-50 Right Door Frame............... 15-165............. -10-50 Other Left Pillars............. 270................ -10-50 Other Right Pillars............ 90................. -10-50 Other Left Door Frame.......... 270................ -10-50 Other Right Door Frame......... 90................. -10-50 Left Rearmost Pillar........... 270-345............ -10-50 Right Rearmost Pillar.......... 15-90.............. -10-50 Upper Roof..................... Any................ 0-50 Overhead Rollbar............... 0 or 180........... 0-50 Brace or Stiffener............. 90 or 270.......... 0-50 Left Seat Belt Mounting 195-345............ -10-50 Structure. Right Seat Belt Mounting 15-165............. -10-50 Structure. Seat Belt Anchorages........... Any................ 0-50 ------------------------------------------------------------------------ S8.13.4.1 Horizontal Approach Angles for Headform Impacts. (a) Left A-Pillar Horizontal Approach Angles. (1) Locate a line formed by the shortest horizontal distance between CG-F1 for the left seat and the right A-pillar. The maximum horizontal approach angle for the left A-pillar equals 360 degrees minus the angle formed by that line and the X-axis of the vehicle, measured counterclockwise. (2) Locate a line formed by the shortest horizontal distance between CG-F2 for the left seat and the left A-pillar. The minimum horizontal approach angle for the left A-pillar impact equals the angle formed by that line and the X-axis of the vehicle, measured counterclockwise. (b) Right A-Pillar Horizontal Approach Angles. (1) Locate a line formed by the shortest horizontal distance between CG-F1 for the right seat and the left A-pillar. The minimum horizontal approach angle for the right A-pillar equals 360 degrees minus the angle formed by that line and the X-axis of the vehicle, measured counterclockwise. (2) Locate a line formed by the shortest horizontal distance between CG-F2 for the right seat and the right A-pillar. The maximum horizontal approach angle for the right A-pillar impact equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise. (c) Left B-Pillar Horizontal Approach Angles. (1) Locate a line formed by the shortest horizontal distance between CG-F2 for the left seat and the left B-pillar. The maximum horizontal approach angle for the left B-pillar equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise, or 270 degrees, whichever is greater. (2) Locate a line formed by the shortest horizontal distance between CG-R for the left seat and the left B-pillar. The minimum horizontal approach angle for the left B-pillar equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise. (d) Right B-Pillar Horizontal Approach Angles. (1) Locate a line formed by the shortest horizontal distance between CG-F2 for the right seat and the right B-pillar. The minimum horizontal approach angle for the right B-pillar equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise, or 90 degrees, whichever is less. (2) Locate a line formed by the shortest horizontal distance between CG-R for the right seat and the right B-pillar. The maximum horizontal approach angle for the right B-pillar equals the angle between that line and the X-axis of the vehicle measured counterclockwise. (e) Left door frame horizontal approach angles. (1) Locate a line formed by the shortest horizontal distance between CG-F2 [[Page 717]] for the left seat and the left door frame. The maximum horizontal approach angle for the left door frame equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise, or 270 degrees, whichever is greater. (2) Locate a line formed by the shortest horizontal distance between CG-R for the left seat and the left door frame. The minimum horizontal approach angle for the left door frame equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise. (f) Right door frame horizontal approach angles. (1) Locate a line formed by the shortest horizontal distance between CG-F2 for the right seat and the right door frame. The minimum horizontal approach angle for the right door frame equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise, or 90 degrees, whichever is less. (2) Locate a line formed by the shortest horizontal distance between CG-R for the right seat and the right door frame. The maximum horizontal approach angle for the right door frame equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise (g) Left seat belt mounting structure horizontal approach angles. (1) Locate a line formed by the shortest horizontal distance between CG-F2 for the left seat and the left seat belt mounting structure. If the seat belt mounting structure is below a horizontal plane passing through CG-F2 for the left seat, locate the point 200 mm directly below CG-F2 and locate a line formed by the shortest horizontal distance between that point and the left seat belt mounting structure. The maximum horizontal approach angle for the left seat belt mounting structure equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise, or 270 degrees, whichever is greater. (2) Locate a line formed by the shortest horizontal distance between CG-R for the left seat and the left seat belt mounting structure. If the seat belt mounting structure is below a horizontal plane passing through CG-R for the left seat, locate the point 200 mm directly below CG-R and locate a line formed by the shortest horizontal distance between that point and the left seat belt mounting structure. The minimum horizontal approach angle for the left seat belt mounting structure equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise. If the CG-R does not exist, or is forward of the seat belt mounting structure, the maximum horizontal approach angle is 270 degrees. (h) Right seat belt mounting structure horizontal approach angles. (1) Locate a line formed by the shortest horizontal distance between CG-F2 for the right seat and the right seat belt mounting structure. If the seat belt mounting structure is below a horizontal plane passing through CG-F2 for the right seat, locate the point 200 mm directly below that CG-F2 and locate a line formed by the shortest horizontal distance between that point and the right seat belt mounting structure. The minimum horizontal approach angle for the right seat belt mounting structure equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise, or 90 degrees, whichever is less. (2) Locate a line formed by the shortest horizontal distance between CG-R for the right seat and the right seat belt mounting structure. If the seat belt mounting structure is below a horizontal plane passing through CG-R, locate the point 200 mm directly below CG-R and locate a line formed by the shortest horizontal distance between that point and the right seat belt mounting structure. The maximum horizontal approach angle for the right seat belt mounting structure equals the angle formed by that line and the X-axis of the vehicle measured counterclockwise. If the CG-R does not exist, or is forward of the seat belt mounting structure, the maximum horizontal approach angle is 90 degrees. S8.13.4.2 Vertical Approach Angles (a) Position the forehead impact zone in contact with the selected target at the prescribed horizontal approach angle. If a range of horizontal approach angles is prescribed, position the forehead impact zone in contact with the [[Page 718]] selected target at any horizontal approach angle within the range which may be used for testing. (b) Keeping the forehead impact zone in contact with the target, rotate the FMH upward until the lip, chin or other part of the FMH contacts the component or other portion of the vehicle interior. (1) Except as provided in S8.13.4.2(b)(2), keeping the forehead impact zone in contact with the target, rotate the FMH downward by 5 degrees for each target to determine the maximum vertical angle. (2) For all pillars, except A-pillars, and all door frames and seat belt mounting structures, keeping the forehead impact zone in contact with the target, rotate the FMH downward by 10 degrees for each target to determine the maximum vertical angle. S8.14 Multiple impacts. (a) A vehicle being tested may be impacted multiple times, subject to the limitations in S8.14(b), (c), (d) and (e). (b) As measured as provided in S8.14(d), impacts within 300 mm of each other may not occur less than 30 minutes apart. (c) As measured as provided in S8.14(d), no impact may occur within 150 mm of any other impact. (d) For S8.14(b) and S8.14(c), the distance between impacts is the distance between the center of the target circle specified in S8.11 for each impact, measured along the vehicle interior. (e) No impact may occur within the ``exclusion zone'' of any pillar target specified in S10.1 through S10.4, door frame target specified in S10.14 and S10.15, upper roof target specified in S10.9, or seat belt mounting structure target specified in S10.16. The ``exclusion zone'' is determined according to the procedure in S8.14(f) through S8.14(k). (f) Locate the point, Point X, at the center of the target circle specified in S8.11 for the tested target. (g) Determine two spheres centered on Point X. Radii of these spheres are 150 mm and 200 mm, respectively. (h) Locate a horizontal plane passing through Point X. Determine the intersection points, if they exist, of the small sphere surface, the horizontal plane, and the vehicle interior surface. Relative to Point X, the point on the left is Point L and the point on the right is Point R. (i) Locate a vertical plane, Plane Z, passing through Point X and coincident (within 5[deg]) with the horizontal approach angle used or intended for use in testing the target centered on Point X. (j) If either Point L or Point R does not exist, extend Line LX and/ or Line RX, as appropriate, perpendicular to Plane Z beyond Point X by 150 mm. The end of the line is designated as Point L or Point R, as appropriate. (k) Locate a vertical plane, Plane ZL, passing through Point L and parallel to Plane Z. Locate another vertical plane, Plane ZR, passing through Point R and parallel to Plane Z. The ``exclusion zone'' is the vehicle interior surface area between Plane ZL and Plane ZR below the upper boundary of the smaller sphere and above the lower boundary of the larger sphere. Points on the intersection of the vehicle interior surface and the large sphere below the target, the small sphere above the target, Plane ZL and Plane ZR are not included in the ``exclusion zone.'' S8.15 Upper Roof. The upper roof of a vehicle is determined according to the procedure specified in S8.15 (a) through (h). (a) Locate the transverse vertical plane A at the forwardmost point where it contacts the interior roof (including trim) at the vehicle centerline. (b) Locate the transverse vertical plane B at the rearmost point where it contacts the interior roof (including trim) at the vehicle centerline. (c) Measure the horizontal distance (D1) between Plane A and Plane B. (d) Locate the vertical longitudinal plane C at the leftmost point at which a vertical transverse plane, located 300 mm rearward of the A- pillar reference point described in S10.1(a), contacts the interior roof (including trim). (e) Locate the vertical longitudinal plane D at the rightmost point at which a vertical transverse plane, located 300 mm rearward of the A- pillar reference point described in S10.1(a), contacts the interior roof (including trim). (f) Measure the horizontal distance (D2) between Plane C and Plane D. [[Page 719]] (g) Locate a point (Point M) on the interior roof surface, midway between Plane A and Plane B along the vehicle longitudinal centerline. (h) The upper roof zone is the area of the vehicle upper interior surface bounded by the four planes described in S8.15(h)(1) and S8.15(h)(2): (1) A transverse vertical plane E located at a distance of (.35 D1) forward of Point M and a transverse vertical plane F located at a distance of (.35 D1) rearward of Point M, measured horizontally. (2) A longitudinal vertical plane G located at a distance of (.35 D2) to the left of Point M and a longitudinal vertical plane H located at a distance of (.35 D2) to the right of Point M, measured horizontally. S8.16 Test weight--vehicle to pole test. Each vehicle shall be loaded to its unloaded vehicle weight, plus 136 kilograms (300 pounds) or its rated cargo and luggage capacity (whichever is less), secured in the luggage or load-carrying area, plus the weight of the necessary anthropomorphic test dummy. Any added test equipment shall be located away from impact areas in secure places in the vehicle. S8.17 Vehicle test attitude--vehicle to pole test. Determine the distance between a level surface and a standard reference point on the test vehicle's body, directly above each wheel opening, when the vehicle is in its ``as delivered'' condition. The ``as delivered'' condition is the vehicle as received at the test site, filled to 100 percent of all fluid capacities and with all tires inflated to the manufacturer's specifications listed on the vehicle's tire placard. Determine the distance between the same level surface and the same standard reference points in the vehicle's ``fully loaded condition.'' The ``fully loaded condition'' is the test vehicle loaded in accordance with S8.16. The load placed in the cargo area shall be centered over the longitudinal centerline of the vehicle. The pretest vehicle attitude shall be the same as either the ``as delivered'' or ``fully loaded'' attitude or is between the ``as delivered'' attitude and the ``fully loaded'' attitude. If the test configuration requires that the vehicle be elevated off the ground, the pretest vehicle attitude must be maintained. S8.18 Adjustable seats--vehicle to pole test. Initially, adjustable seats shall be adjusted as specified in S8.3.2.1 of Standard 214 (49 CFR 571.214). S8.19 Adjustable seat back placement--vehicle to pole test. Initially, position adjustable seat backs in the manner specified in S8.3.2.2 of Standard 214 (49 CFR 571.214). S8.20 Adjustable steering controls--vehicle to pole test. Adjustable steering controls shall be adjusted so that the steering control hub is at the geometric center of the locus it describes when it is moved through its full range of driving positions. S8.21 Windows and sunroof--vehicle to pole test. Movable windows and vents shall be placed in the fully open position. Any sunroof shall be placed in the fully closed position. S8.22 Convertible tops--vehicle to pole test. The top, if any, of convertibles and open-body type vehicles shall be in the closed passenger compartment configuration. S8.23 Doors--vehicle to pole test. Doors, including any rear hatchback or tailgate, shall be fully closed and latched but not locked. S8.24 Impact reference line--vehicle to pole test. On the striking side of the vehicle, place an impact reference line at the intersection of the vehicle exterior and a transverse vertical plane passing through the center of gravity of the head of the dummy seated in accordance with S8.28, in any front outboard designated seating position. S8.25 Rigid Pole--vehicle to pole test. The rigid pole is a vertical metal structure beginning no more than 102 millimeters (4 inches) above the lowest point of the tires on the striking side of the test vehicle when the vehicle is loaded as specified in S8.16 and extending above the highest point of the roof of the test vehicle. The pole is 254 mm 3 mm (10 inches) in diameter and set off from any mounting surface, such as a barrier or other structure, so that the test vehicle will not contact such a mount or support at any time within 100 milliseconds of the initiation of vehicle to pole contact. [[Page 720]] S8.26 Impact configuration--vehicle to pole test. The rigid pole shall be stationary. The test vehicle shall be propelled sideways so that its line of forward motion forms an angle of 90 degrees (3 degrees) with the vehicle's longitudinal center line. The impact reference line shall be aligned with the center line of the rigid pole so that, when the vehicle-to-pole contact occurs, the center line of the pole contacts the vehicle area bounded by two transverse vertical planes 38 mm (1.5 inches) forward and aft of the impact reference line. S8.27 Anthropomorphic test dummy--vehicle to pole test. S8.27.1 The anthropomorphic test dummy used for evaluation of a vehicle's head impact protection shall conform to the requirements of subpart M of part 572 of this chapter (49 CFR part 572, subpart M). In a test in which the test vehicle is striking its left side, the dummy is to be configured and instrumented to strike on its left side, in accordance with subpart M of part 572. In a test in which the test vehicle is striking its right side, the dummy is to be configured and instrumented to strike its right side, in accordance with subpart M of part 572. S8.27.2 The part 572, subpart M, test dummy specified is clothed in form fitting cotton stretch garments with short sleeves and midcalf length pants. Each foot of the test dummy is equipped with a size 11EEE shoe, which meets the configuration size, sole, and heel thickness specifications of MIL-S-13192 (1976) and weighs 0.57 0.09 kilograms (1.25 0.2 pounds). S8.27.3 Limb joints shall be set at between 1 and 2 g's. Leg joints are adjusted with the torso in the supine position. S8.27.4 The stabilized temperature of the test dummy at the time of the side impact test shall be at any temperature between 20.6 degrees C. and 22.2 degrees C. S8.27.5 The acceleration data from the accelerometers installed inside the skull cavity of the test dummy are processed according to the practices set forth in SAE Recommended Practice J211, March 1995, ``Instrumentation for Impact Tests,'' Class 1000. S8.28 Positioning procedure for the Part 572 Subpart M test dummy-- vehicle to pole test. The part 572, subpart M, test dummy is initially positioned in the front outboard seating position on the struck side of the vehicle in accordance with the provisions of S12.1 of Standard 214 (49 CFR 571.214), and the vehicle seat is positioned as specified in S8.3.2.1 and S8.3.2.2 of that standard. The position of the dummy is then measured as follows. Locate the horizontal plane passing through the dummy head center of gravity. Identify the rearmost point on the dummy head in that plane. Construct a line in the plane that contains the rearward point of the front door daylight opening and is perpendicular to the longitudinal vehicle centerline. Measure the longitudinal distance between the rearmost point on the dummy head and this line. If this distance is less than 50 mm (2 inches) or the point is not forward of the line, then the seat and/or dummy positions is adjusted as follows. First, the seat back angle is adjusted, a maximum of 5 degrees, until a 50 mm (2 inches) distance is achieved. If this is not sufficient to produce the 50 mm (2 inches) distance, the seat is moved forward until the 50 mm (2 inches) distance is achieved or until the knees of the dummy contact the dashboard or knee bolster, whichever comes first. If the required distance cannot be achieved through movement of the seat, the seat back angle is adjusted even further forward until the 50 mm (2 inches) distance is obtained or until the seat back is in its fully upright locking position. S9. Orthogonal Reference System. The approach angles specified in S8.13.4 are determined using the reference system specified in S9.1 through S9.4. S9.1 An orthogonal reference system consisting of a longitudinal X axis and a transverse Y axis in the same horizontal plane and a vertical Z axis through the intersection of X and Y is used to define the horizontal direction of approach of the headform. The X-Z plane is the vertical longitudinal zero plane and is parallel to the longitudinal centerline of the vehicle. The X-Y plane is the horizontal zero plane parallel to the ground. The Y-Z plane is the vertical transverse zero plane that [[Page 721]] is perpendicular to the X-Y and X-Z planes. The X coordinate is negative forward of the Y-Z plane and positive to the rear. The Y coordinate is negative to the left of the X-Z plane and positive to the right. The Z coordinate is negative below the X-Y plane and positive above it. (See Figure 1.) S9.2 The origin of the reference system is the center of gravity of the headform at the time immediately prior to launch for each test. S9.3 The horizontal approach angle is the angle between the X axis and the headform impact velocity vector projected onto the horizontal zero plane, measured in the horizontal zero plane in the counter- clockwise direction. A 0 degree horizontal vector and a 360 degree horizontal vector point in the positive X direction; a 90 degree horizontal vector points in the positive Y direction; a 180 degree horizontal vector points in the negative X direction; and a 270 horizontal degree vector points in the negative Y direction. (See Figure 2.) S9.4 The vertical approach angle is the angle between the horizontal plane and the velocity vector, measured in the midsagittal plane of the headform. A 0 degree vertical vector in Table I coincides with the horizontal plane and a vertical vector of greater than 0 degrees in Table I makes an upward angle of the same number of degrees with that plane. S10 Target Locations. (a) The target locations specified in S10.1 through S10.16 are located on both sides of the vehicle and, except as specified in S10(b), are determined using the procedures specified in those paragraphs. (b) Except as specified in S10(c), if there is no combination of horizontal and vertical angles specified in S8.13.4 at which the forehead impact zone of the free motion headform can contact one of the targets located using the procedures in S10.1 through S10.16, the center of that target is moved to any location within a sphere with a radius of 25 mm, centered on the center of the original target, which the forehead impact zone can contact at one or more combination of angles. (c) If there is no point within the sphere specified in S10(b) which the forehead impact zone of the free motion headform can contact at one or more combination of horizontal and vertical angles specified in S8.13.4, the radius of the sphere is increased by 25 mm increments until the sphere contains at least one point that can be contacted at one or more combination of angles. S10.1 A-pillar targets (a) A-pillar reference point and target AP1. On the vehicle exterior, locate a transverse vertical plane (Plane 1) which contacts the rearmost point of the windshield trim. The intersection of Plane 1 and the vehicle exterior surface is Line 1. Measuring along the vehicle exterior surface, locate a point (Point 1) on Line 1 that is 125 mm inboard of the intersection of Line 1 and a vertical plane tangent to the vehicle at the outboardmost point on Line 1 with the vehicle side door open. Measuring along the vehicle exterior surface in a longitudinal vertical plane (Plane 2) passing through Point 1, locate a point (Point 2) 50 mm rearward of Point 1. Locate the A-pillar reference point (Point APR) at the intersection of the interior roof surface and a line that is perpendicular to the vehicle exterior surface at Point 2. Target AP1 is located at point APR. (b) Target AP2. Locate the horizontal plane (Plane 3) which intersects point APR. Locate the horizontal plane (Plane 4) which is 88 mm below Plane 3. Target AP2 is the point in Plane 4 and on the A-pillar which is closest to CG-F2 for the nearest seating position. (c) Target AP3. Locate the horizontal plane (Plane 5) containing the highest point at the intersection of the dashboard and the A-pillar. Locate a horizontal plane (Plane 6) half-way between Plane 3 and Plane 5. Target AP3 is the point on Plane 6 and the A-pillar which is closest to CG-F1 for the nearest seating position. S10.2 B-pillar targets. (a) B-pillar reference point and target BP1. Locate the point (Point 3) on the vehicle interior at the intersection of the horizontal plane passing through the highest point of the forwardmost door opening and the centerline of the width of the B-pillar, as viewed laterally. Locate a transverse vertical plane (Plane 7) which passes through [[Page 722]] Point 3. Locate the point (Point 4) at the intersection of the interior roof surface, Plane 7, and the plane, described in S8.15(h), defining the nearest edge of the upper roof. The B-pillar reference point (Point BPR) is the point located at the middle of the line from Point 3 to Point 4 in Plane 7, measured along the vehicle interior surface. Target BP1 is located at Point BPR. (b) Target BP2. If a seat belt anchorage is located on the B-pillar, Target BP2 is located at any point on the anchorage. (c) Target BP3. Target BP3 is located in accordance with this paragraph. Locate a horizontal plane (Plane 8) which intersects Point BPR. Locate a horizontal plane (Plane 9) which passes through the lowest point of the daylight opening forward of the pillar. Locate a horizontal plane (Plane 10) half-way between Plane 8 and Plane 9. Target BP3 is the point located in Plane 10 and on the interior surface of the B-pillar, which is closest to CG-F(2) for the nearest seating position. (d) Target BP4. Locate a horizontal plane (Plane 11) half-way between Plane 9 and Plane 10. Target BP4 is the point located in Plane 11 and on the interior surface of the B-pillar which is closest to CG-R for the nearest seating position. S10.3 Other pillar targets. (a) Target OP1. (1) Except as provided in S10.3(a)(2), target OP1 is located in accordance with this paragraph. Locate the point (Point 5), on the vehicle interior, at the intersection of the horizontal plane through the highest point of the highest adjacent door opening or daylight opening (if no adjacent door opening) and the centerline of the width of the other pillar, as viewed laterally. Locate a transverse vertical plane (Plane 12) passing through Point 5. Locate the point (Point 6) at the intersection of the interior roof surface, Plane 12 and the plane, described in S8.15(h), defining the nearest edge of the upper roof. The other pillar reference point (Point OPR) is the point located at the middle of the line between Point 5 and Point 6 in Plane 12, measured along the vehicle interior surface. Target OP1 is located at Point OPR. (2) If a seat belt anchorage is located on the pillar, Target OP1 is any point on the anchorage. (b) Target OP2. Locate the horizontal plane (Plane 13) intersecting Point OPR. Locate a horizontal plane (Plane 14) passing through the lowest point of the daylight opening forward of the pillar. Locate a horizontal plane (Plane 15) half-way between Plane 13 and Plane 14. Target OP2 is the point located on the interior surface of the pillar at the intersection of Plane 15 and the centerline of the width of the pillar, as viewed laterally. S10.4 Rearmost pillar targets (a) Rearmost pillar reference point and target RP1. Locate the point (Point 7) at the corner of the upper roof nearest to the pillar. The distance between Point M, as described in S8.15(g), and Point 7, as measured along the vehicle interior surface, is D. Extend the line from Point M to Point 7 along the vehicle interior surface in the same vertical plane by (3*D/7) beyond Point 7 or until the edge of a daylight opening, whichever comes first, to locate Point 8. The rearmost pillar reference point (Point RPR) is at the midpoint of the line between Point 7 and Point 8, measured along the vehicle interior. Target RP1 is located at Point RPR. (b) Target RP2. (1) Except as provided in S10.4(b)(2), target RP2 is located in accordance with this paragraph. Locate the horizontal plane (Plane 16) through Point RPR. Locate the horizontal plane (Plane 17) 150 mm below Plane 16. Target RP2 is located in Plane 17 and on the pillar at the location closest to CG-R for the nearest designated seating position. (2) If a seat belt anchorage is located on the pillar, Target RP2 is any point on the anchorage. S10.5 Front header targets. (a) Target FH1. Locate the contour line (Line 2) on the vehicle interior trim which passes through the APR and is parallel to the contour line (Line 3) at the upper edge of the windshield on the vehicle interior. Locate the point (Point 9) on Line 2 that is 125 mm inboard of the APR, measured along that line. Locate a longitudinal vertical plane (Plane 18) that passes through Point 9. Target FH1 is located [[Page 723]] at the intersection of Plane 18 and the upper vehicle interior, halfway between a transverse vertical plane (Plane 19) through Point 9 and a transverse vertical plane (Plane 20) through the intersection of Plane 18 and Line 3. (b) Target FH2. (1) Except as provided in S10.5(b)(2), target FH2 is located in accordance with this paragraph. Locate a point (Point 10) 275 mm inboard of Point APR, along Line 2. Locate a longitudinal vertical plane (Plane 21) that passes through Point 10. Target FH2 is located at the intersection of Plane 21 and the upper vehicle interior, halfway between a transverse vertical plane (Plane 22) through Point 10 and a transverse vertical plane (Plane 23) through the intersection of Plane 21 and Line 3. (2) If a sun roof opening is located forward of the front edge of the upper roof and intersects the mid-sagittal plane of a dummy seated in either front outboard seating position, target FH2 is the nearest point that is forward of a transverse vertical plane (Plane 24) through CG-F(2) and on the intersection of the mid-sagittal plane and the interior sunroof opening. S10.6 Targets on the side rail between the A-pillar and the B-pillar or rearmost pillar in vehicles with only two pillars on each side of the vehicle. (a) Target SR1. Locate a transverse vertical plane (Plane 25) 150 mm rearward of Point APR. Locate the point (Point 11) at the intersection of Plane 25 and the upper edge of the forwardmost door opening. Locate the point (Point 12) at the intersection of the interior roof surface, Plane 25 and the plane, described in S8.15(h), defining the nearest edge of the upper roof. Target SR1 is located at the middle of the line between Point 11 and Point 12 in Plane 25, measured along the vehicle interior. (b) Target SR2. Locate a transverse vertical plane (Plane 26) 300 mm rearward of the APR or 300 mm forward of the BPR (or the RPR in vehicles with no B-pillar). Locate the point (Point 13) at the intersection of Plane 26 and the upper edge of the forwardmost door opening. Locate the point (Point 14) at the intersection of the interior roof surface, Plane 26 and the plane, described in S8.15(h), defining the nearest edge of the upper roof. Target SR2 is located at the middle of the line between Point 13 and Point 14 in Plane 26, measured along the vehicle interior. S10.7 Other side rail target (target SR3). (a) Except as provided in S10.7(b), target SR3 is located in accordance with this paragraph. Locate a transverse vertical plane (Plane 27) 150 mm rearward of either Point BPR or Point OPR. Locate the point (Point 15) as provided in either S10.7(a)(1) or S10.7(a)(2), as appropriate. Locate the point (Point 16) at the intersection of the interior roof surface, Plane 27 and the plane, described in S8.15(h), defining the nearest edge of the upper roof. Target SR3 is located at the middle of the line between Point 15 and Point 16 in Plane 27, measured along the vehicle interior surface. (1) If Plane 27 intersects a door or daylight opening, the Point 15 is located at the intersection of Plane 27 and the upper edge of the door opening or daylight opening. (2) If Plane 27 does not intersect a door or daylight opening, the Point 15 is located on the vehicle interior at the intersection of Plane 27 and the horizontal plane through the highest point of the door or daylight opening nearest Plane 27. If the adjacent door(s) or daylight opening(s) are equidistant to Plane 27, Point 15 is located on the vehicle interior at the intersection of Plane 27 and either horizontal plane through the highest point of each door or daylight opening. (b) Except as provided in S10.7(c), if a grab handle is located on the side rail, target SR3 is located at any point on the anchorage of the grab-handle. Folding grab-handles are in their stowed position for testing. (c) If a seat belt anchorage is located on the side rail, target SR3 is located at any point on the anchorage. S10.8 Rear header target (target RH). Locate the point (Point 17) at the intersection of the surface of the upper vehicle interior, the mid- sagittal plane (Plane 28) of the outboard rearmost dummy and the plane, described in S8.15(h), defining the rear edge of the upper roof. Locate the point (Point 18) as provided in S10.8(a) or S10.8(b), as appropriate. Except as provided in [[Page 724]] S10.8(c), Target RH is located at the mid-point of the line that is between Point 17 and Point 18 and is in Plane 28, as measured along the surface of the vehicle interior. (a) If Plane 28 intersects a rear door opening or daylight opening, then Point 18 is located at the intersection of Plane 28 and the upper edge of the door opening or the daylight opening (if no door opening). (b) If Plane 28 does not intersect a rear door opening or daylight opening, then Point 18 is located on the vehicle interior at the intersection of Plane 28 and a horizontal plane through the highest point of the door or daylight opening nearest to Plane 28. If the adjacent door(s) or daylight opening(s) are equidistant to Plane 28, Point 18 is located on the vehicle interior at the intersection of Plane 28 and either horizontal plane through the highest point of each door or daylight opening. (c) If Target RH is more than 112 mm from Point 18 on the line that is between Point 17 and Point 18 and is in Plane 28, as measured along the surface of the vehicle interior, then Target RH is the point on that line which is 112 mm from Point 18. S10.9 Upper roof target (target UR). Target UR is any point on the upper roof. S10.10 Sliding door track target (target SD). Locate the transverse vertical plane (Plane 29) passing through the middle of the widest opening of the sliding door, measured horizontally and parallel to the vehicle longitudinal centerline. Locate the point (Point 19) at the intersection of the surface of the upper vehicle interior, Plane 29 and the plane, described in S8.15(h), defining the nearest edge of the upper roof. Locate the point (Point 20) at the intersection of Plane 29 and the upper edge of the sliding door opening. Target SD is located at the middle of the line between Point 19 and Point 20 in Plane 29, measured along the vehicle interior. S10.11 Roll-bar targets. (a) Target RB1. Locate a longitudinal vertical plane (Plane 30) at the mid-sagittal plane of a dummy seated in any outboard designated seating position. Target RB1 is located on the roll-bar and in Plane 30 at the location closest to either CG-F2 or CG-R, as appropriate, for the same dummy. (b) Target RB2. If a seat belt anchorage is located on the roll-bar, Target RB2 is any point on the anchorage. S10.12 Stiffener targets. (a) Target ST1. Locate a transverse vertical plane (Plane 31) containing either CG-F2 or CG-R, as appropriate, for any outboard designated seating position. Target ST1 is located on the stiffener and in Plane 31 at the location closest to either CG-F2 or CG-R, as appropriate. (b) Target ST2. If a seat belt anchorage is located on the stiffener, Target ST2 is any point on the anchorage. S10.13 Brace target (target BT) Target BT is any point on the width of the brace as viewed laterally from inside the passenger compartment. [[Page 725]] [GRAPHIC] [TIFF OMITTED] TR08AP97.008 [[Page 726]] [GRAPHIC] [TIFF OMITTED] TR08AP97.009 S10.14 Door frame targets. (a) Target DF 1. Locate the point (Point 21) on the vehicle interior at the intersection of the horizontal plane passing through the highest point of the forward door opening and a transverse vertical plane (Plane 32 ) tangent to the rearmost edge of the forward door, as viewed laterally with the adjacent door open. Locate the point (Point 22) at the intersection of the interior roof surface, Plane 32, and the plane, described in S8.15(h), defining the nearest edge of the upper roof. The door frame reference point (Point DFR) is the point located at the middle of the line from Point 21 to Point 22 in Plane 32, measured along the vehicle interior surface. Target DF1 is located at Point DFR. (b) Target DF2. If a seat belt anchorage is located on the door frame, Target DF2 is located at any point on the anchorage. (c) Target DF3. Locate a horizontal plane (Plane 33) which intersects Point [[Page 727]] DFR. Locate a horizontal plane (Plane 34) that passes through the lowest point of the adjacent daylight opening forward of the door frame. Locate a horizontal plane (Plane 35) half-way between Plane 33 and Plane 34. Target DF3 is the point located in Plane 35 and on the interior surface of the door frame, which is closest to CG-F2 for the nearest seating position. (d) Target DF4. Locate a horizontal plane (Plane 36) half-way between Plane 34 and Plane 35. Target DF4 is the point located in Plane 36 and on the interior surface of the door frame that is closest to CG-R for the nearest seating position. S10.15 Other door frame targets. (a) Target OD1. (1) Except as provided in S10.15(a)(2), target OD1 is located in accordance with this paragraph. Locate the point (Point 23) on the vehicle interior, at the intersection of the horizontal plane through the highest point of the highest adjacent door opening or daylight opening (if there is no adjacent door opening) and the center line of the width of the other door frame, as viewed laterally with the doors in the closed position. Locate a transverse vertical plane (Plane 37) passing through Point 23. Locate the point (Point 24) at the intersection of the interior roof surface, Plane 37 and the plane, described in S8.15(h), defining the nearest edge of the upper roof. The other door frame reference point (Point ODR) is the point located at the middle of the line between Point 23 and Point 24 in Plane 37, measured along the vehicle interior surface. Target OD1 is located at Point ODR. (2) If a seat belt anchorage is located on the door frame, Target OD1 is any point on the anchorage. (b) Target OD2. Locate the horizontal plane (Plane 38) intersecting Point ODR. Locate a horizontal plane (Plane 39) passing through the lowest point of the daylight opening forward of the door frame. Locate a horizontal plane (Plane 40) half-way between Plane 38 and Plane 39. Target OD2 is the point located on the interior surface of the door frame at the intersection of Plane 40 and the center line of the width of the door frames, as viewed laterally, with the doors in the closed position. S10.16 Seat belt mounting structure targets. (a) Target SB1. Target SB1 is located at any point on the seat belt anchorage mounted on the seat belt mounting structure. (b) Target SB2. Locate a horizontal plane (Plane 41), containing either CG-F2 or CG-R, as appropriate, for any outboard designated seating position whose seating reference point, SgRP, is forward of and closest to, the vertical center line of the width of the seat belt mounting structure as viewed laterally. Target SB2 is located on the seat belt mounting structure and in Plane 41 at the location closest to either CG-F2 or CG-R, as appropriate. (c) Target SB3. Locate a horizontal plane (Plane 42), containing CG- R for any outboard designated seating position rearward of the forwardmost designated seating position or positions whose seating reference point, SgRP, is rearward of and closest to, the vertical center line of the width of the seat belt mounting structure, as viewed laterally. Locate a horizontal plane (Plane 43) 200 mm below Plane 42. Target SB3 is located on the seat belt mounting structure and in Plane 43 at the location closest to CG-R, as appropriate. [62 FR 16725, Apr. 8, 1997] Editorial Note: For Federal Register citations affecting Sec. 571.201, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.202 Standard No. 202; Head restraints; Applicable at the manufacturers option until September 1, 2009. S1. Purpose and scope. This standard specifies requirements for head restraints to reduce the frequency and severity of neck injury in rear- end and other collisions. S2. Application. This standard applies to passenger cars, and to multipurpose passenger vehicles, trucks and buses with a GVWR of 4,536 kg or less, manufactured before September 1, 2009. Until September 1, 2009, manufacturers may comply with the standard in this Sec. 571.202, with the European regulations referenced in S4.3 of this Sec. 571.202, or [[Page 728]] with the standard in Sec. 571.202a. For vehicles manufactured on or after September 1, 2009 and before September 1, 2010, manufacturers may comply with the standard in this Sec. 571.202 or with the European regulations referenced in S4.3 of this Sec. 571.202, instead of the standard in Sec. 571.202a, only to the extent consistent with phase-in specified in Sec. 571.202a. S3. Definitions. Head restraint means a device that limits rearward displacement of a seated occupant's head relative to the occupant's torso. Height means, when used in reference to a head restraint, the distance from the H-point, measured parallel to the torso reference line defined by the three dimensional SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin, to a plane normal to the torso reference line. Top of the head restraint means the point on the head restraint with the greatest height. S4. Requirements. S4.1 Each passenger car, and multipurpose passenger vehicle, truck and bus with a GVWR of 4,536 kg or less, must comply with, at the manufacturer's option, S4.2, S4.4 or S4.5 of this section. S4.2 Except for school buses, a head restraint that conforms to either S4.2 (a) or (b) of this section must be provided at each outboard front designated seating position. For school buses, a head restraint that conforms to either S4.2 (a) or (b) of this section must be provided at the driver's seating position. (a) When tested in accordance with S5.1 of this section, limit rearward angular displacement of the head reference line to 45 degrees from the torso reference line; or (b) When adjusted to its fully extended design position, conform to each of the following: (1) When measured parallel to the torso line, the top of the head restraint must not be less than 700 mm above the seating reference point; (2) When measured either 64 mm below the top of the head restraint or 635 mm above the seating reference point, the lateral width of the head restraint must be not less than: (i) 254 mm for use with bench-type seats; and (ii) 170 mm for use with individual seats; (3) When tested in accordance with S5.2 of this section, any portion of the head form in contact with the head restraint must not be displaced to more than 102 mm perpendicularly rearward of the displaced extended torso reference line during the application of the load specified in S5.2 (c) of this section; and (4) When tested in accordance with S5.2 of this section, the head restraint must withstand an increasing load until one of the following occurs: (i) Failure of the seat or seat back; or, (ii) Application of a load of 890N. S4.3 [Reserved] S4.4. Except for school buses, a head restraint that conforms to S4.4 (a) and (b) of this section must be provided at each outboard front designated seating position. For school buses, a head restraint that conforms to S4.4 (a) and (b) of this section must be provided at the driver's seating position. (a) The head restraint must comply with Paragraphs 5.1.1, 5.1.3, 5.3.1, 5.5 through 5.13, 6.1.1, 6.1.3, and 6.4 through 6.8 of the English language version of the UNECE Regulation 17 (incorporated by reference, see Sec. 571.5). (b) The head restraint must meet the width requirements specified in S4.2(b)(2) of this section. S4.5 Except for school buses, head restraints that conform to the requirements of Sec. 571.202a must be provided at each front outboard designated seating position. If a rear head restraint (as defined in Sec. 571.202a) is provided at a rear outboard designated seating position, it must conform to the requirements of Sec. 571.202a applicable to rear head restraints. For school buses, a head restraint that conforms to the requirements of Sec. 571.202a must be installed at the driver's seating position. S4.6 Where manufacturer options are specified in this section or Sec. 571.202a, the manufacturer must select an option by the time it certifies the vehicle and may not thereafter select a different option for that vehicle. The manufacturer may select different [[Page 729]] compliance options for different designated seating positions to which the requirements of this section are applicable. Each manufacturer must, upon request from the National Highway Traffic Safety Administration, provide information regarding which of the compliance options it has selected for a particular vehicle or make/model. S5. Demonstration procedures. S5.1 Compliance with S4.2(a) of this section is demonstrated in accordance with the following with the head restraint in its fully extended design position: (a) On the exterior profile of the head and torso of a dummy having the weight and seated height of a 95th percentile adult male with an approved representation of a human, articulated neck structure, or an approved equivalent test device, establish reference lines by the following method: (1) Position the dummy's back on a horizontal flat surface with the lumbar joints in a straight line. (2) Rotate the head of the dummy rearward until the back of the head contacts the flat horizontal surface specified in S5.1(a)(1) of this section. (3) Position the SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) two-dimensional manikin's back against the flat surface specified in S5.1(a)(1) of this section, alongside the dummy with the H- point of the manikin aligned with the H-point of the dummy. (4) Establish the torso line of the manikin as defined in SAE Aerospace-Automotive Drawing Standards (1963) (incorporated by reference, see Sec. 571.5), sec. 2.3.6, P.E1.01. (5) Establish the dummy torso reference line by superimposing the torso line of the manikin on the torso of the dummy. (6) Establish the head reference line by extending the dummy torso reference line onto the head. (b) At each designated seating position having a head restraint, place the dummy, snugly restrained by Type 2 seat belt, in the manufacturer's recommended design seating position. (c) During forward acceleration applied to the structure supporting the seat as described in this paragraph, measure the maximum rearward angular displacement between the dummy torso reference line and head reference line. When graphically depicted, the magnitude of the acceleration curve shall not be less than that of a half-sine wave having the amplitude of 78 m/s\2\ and a duration of 80 milliseconds and not more than that of a half-sine wave curve having an amplitude of 94 m/s\2\ and a duration of 96 milliseconds. S5.2 Compliance with S4.2(b) of this section is demonstrated in accordance with the following with the head restraint in its fully extended design position: (a) Place a test device, having the back plan dimensions and torso line (centerline of the head room probe in full back position), of the three dimensional SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin, at the manufacturer's recommended design seated position. (b) Establish the displaced torso reference line by applying a rearward moment of 373 Nm about the seating reference point to the seat back through the test device back pan specified in S5.2(a) of this section. (c) After removing the back pan, using a 165 mm diameter spherical head form or cylindrical head form having a 165 mm diameter in plan view and a 152 mm height in profile view, apply, perpendicular to the displaced torso reference line, a rearward initial load 64 mm below the top of the head restraint that will produce a 373 Nm moment about the seating reference point. (d) Gradually increase this initial load to 890 N or until the seat or seat back fails, whichever occurs first. [36 FR 22902, Dec. 2, 1971, as amended at 54 FR 39187, Sept. 25, 1989; 61 FR 27025, May 30, 1996; 63 FR 28935, May 27, 1998; 69 FR 74883, Dec. 14, 2005; 72 FR 25514, May 4, 2007; 77 FR 761, Jan. 6, 2012] Sec. 571.202a Standard No. 202a; Head restraints; Mandatory applicability begins on September 1, 2009. S1. Purpose and scope. This standard specifies requirements for head restraints to reduce the frequency and severity of neck injury in rear- end and other collisions. S2 Application. This standard applies to passenger cars, and to multipurpose passenger vehicles, trucks and buses [[Page 730]] with a GVWR of 4,536 kg or less, manufactured on or after September 1, 2009. However, the standard's requirements for rear head restraints do not apply to vehicles manufactured before September 1, 2010, and, for vehicles manufactured between September 1, 2010 and August 31, 2011, the requirements for rear head restraints apply only to the extent provided in S7. Until September 1, 2009, manufacturers may comply with the standard in this Sec. 571.202a, with the standard in Sec. 571.202, or with the European regulations referenced in S4.3(a) of Sec. 571.202. For vehicles manufactured on or after September 1, 2009 and before September 1, 2010, manufacturers may comply with the standard in Sec. 571.202 or with the European regulations referenced in S4.3(a) of Sec. 571.202, instead of the standard in this Sec. 571.202a, only to the extent consistent with the phase-in specified in this Sec. 571.202a. S3. Definitions. Backset means the minimum horizontal distance between the rear of a representation of the head of a seated 50th percentile male occupant and the head restraint, as measured by the head restraint measurement device. Head restraint means a device that limits rearward displacement of a seated occupant's head relative to the occupant's torso. Head restraint measurement device (HRMD) means the three dimensional SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin with a head form attached, representing the head position of a seated 50th percentile male, with sliding scale at the back of the head for the purpose of measuring backset. The head form is designed by and available from the ICBC, 151 West Esplanade, North Vancouver, BC V7M 3H9, Canada (www.icbc.com). Height means, when used in reference to a head restraint, the distance from the H-point, measured parallel to the torso reference line defined by the three dimensional SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin, to a plane normal to the torso reference line. Intended for occupant use means, when used in reference to the adjustment of a seat, positions other than that intended solely for the purpose of allowing ease of ingress and egress of occupants and access to cargo storage areas of a vehicle. Rear head restraint means, at any rear outboard designated seating position, a rear seat back, or any independently adjustable seat component attached to or adjacent to a seat back, that has a height equal to or greater than 700 mm, in any position of backset and height adjustment, as measured in accordance with S5.1.1. Top of the head restraint means the point on the head restraint with the greatest height. S4. Requirements. Except as provided in S4.4, S4.2.1(a)(2) and S4.2.1(b)(2) of this section, each vehicle must comply with S4.1 of this section with the seat adjusted as intended for occupant use. Whenever a range of measurements is specified, the head restraint must meet the requirement at any position of adjustment within the specified range. S4.1 Performance levels. In each vehicle other than a school bus, a head restraint that conforms to either S4.2 or S4.3 of this section must be provided at each front outboard designated seating position. In each equipped with rear outboard head restraints, the rear head restraint must conform to either S4.2 or S4.3 of this section. In each school bus, a head restraint that conforms to either S4.2 or S4.3 of this section must be provided for the driver's seating position. At each designated seating position incapable of seating a 50th percentile male Hybrid III test dummy specified in 49 CFR part 572, subpart E, the applicable head restraint must conform to S4.2 of this section. S4.2 Dimensional and static performance. Each head restraint located in the front outboard designated seating position and each head restraint located in the rear outboard designated seating position must conform to paragraphs S4.2.1 through S4.2.7 of this section. Compliance is determined for the height requirements of S4.2.1 and the backset requirements of S4.2.3 of this section by taking the arithmetic average of three measurements. S4.2.1 Minimum height. (a) Front outboard designated seating positions. (1) Except as provided in [[Page 731]] S4.2.1(a)(2) of this section, when measured in accordance with S5.2.1(a)(1) of this section, the top of a head restraint located in a front outboard designated seating position must have a height not less than 800 mm in at least one position of adjustment. (2) Exception. The requirements of S4.2.1(a)(1) do not apply if the interior surface of the vehicle at the roofline physically prevents a head restraint, located in the front outboard designated seating position, from attaining the required height. In those instances in which this head restraint cannot attain the required height, when measured in accordance with S5.2.1(a)(2), the maximum vertical distance between the top of the head restraint and the interior surface of the vehicle at the roofline must not exceed 50 mm for convertibles and 25 mm for all other vehicles. Notwithstanding this exception, when measured in accordance with S5.2.1(a)(2), the top of a head restraint located in a front outboard designated seating position must have a height not less than 700 mm in the lowest position of adjustment. (b) All outboard designated seating positions equipped with head restraints. (1) Except as provided in S4.2.1(b)(2) of this section, when measured in accordance with S5.2.1(b)(1) of this section, the top of a head restraint located in an outboard designated seating position must have a height not less than 750 mm in any position of adjustment. (2) Exception. The requirements of S4.2.1(b)(1) do not apply if the interior surface of the vehicle at the roofline or the interior surface of the backlight physically prevent a head restraint, located in the rear outboard designated seating position, from attaining the required height. In those instances in which this head restraint cannot attain the required height, when measured in accordance with S5.2.1(b)(2), the maximum vertical distance between the top of the head restraint and the interior surface of the vehicle at the roofline or the interior surface of the backlight must not exceed 50 mm for convertibles and 25 mm for all other vehicles. S4.2.2 Width. When measured in accordance with S5.2.2 of this section, 65 3 mm below the top of the head restraint, the lateral width of a head restraint must be not less than 170 mm, except the lateral width of the head restraint for front outboard designated seating positions in a vehicle with a front center designated seating position, must be not less than 254 mm. S4.2.3 Front Outboard Designated Seating Position Backset. When measured in accordance with S5.2.3 of this section, the backset must not be more than 55 mm, when the seat is adjusted in accordance with S5.1. For adjustable restraints, the requirements of this section must be met with the top of the head restraint in any height position of adjustment between 750 mm and 800 mm, inclusive. If the top of the head restraint, in its lowest position of adjustment, is above 800 mm, the requirements of this section must be met at that position. If the head restraint position is independent of the seat back inclination position, the head restraint must not be adjusted such that backset is more than 55 mm when the seat back inclination is positioned closer to vertical than the position specified in S5.1. S4.2.4 Gaps. All head restraints must meet limits for gaps in the head restraint specified in S4.2.4.1. For gaps between the seat and head restraint, adjustable head restraints must meet either the limits specified in S4.2.4.1 or S4.2.4.2. S4.2.4.1 Gaps within the head restraint and between the head restraint and seat using a 165 mm sphere. When measured in accordance with S5.2.4.1 of this section using the head form specified in that paragraph, there must not be any gap greater than 60 mm within or between the anterior surface of the head restraint and anterior surface of the seat, with the head restraint adjusted to its lowest height position and any backset position, except as allowed by S4.4. S4.2.4.2 Gaps between the head restraint and seat using a 25 mm cylinder. The following option is only available to head restraints that can move with respect to the seat. When measured in accordance with S5.2.4.2 of this section using the 25 mm cylinder specified in that paragraph, there must not be any gap greater than 25 mm between the anterior surface of the head restraint [[Page 732]] and anterior surface of the seat, with the head restraint adjusted to its lowest height position and any backset position, except as allowed by S4.4. S4.2.5 Energy absorption. When the anterior surface of the head restraint is impacted in accordance with S5.2.5 of this section by the head form specified in that paragraph at any velocity up to and including 24.1 km/h, the deceleration of the head form must not exceed 785 m/s\2\ (80 g) continuously for more than 3 milliseconds. S4.2.6 Height retention. When tested in accordance with S5.2.6 of this section, the cylindrical test device specified in S5.2.6(b) must return to within 13 mm of its initial reference position after application of at least a 500 N load and subsequent reduction of the load to 50 N 1 N. During application of the initial 50 N reference load, as specified in S5.2.6(b)(2) of this section, the cylindrical test device must not move downward more than 25 mm. S4.2.7 Backset retention, displacement, and strength. (a) Backset retention and displacement. When tested in accordance with S5.2.7 of this section, the described head form must: (1) Not be displaced more than 25 mm during the application of the initial reference moment of 37 0.7 Nm; (2) Not be displaced more than 102 mm perpendicularly and posterior of the displaced extended torso reference line during the application of a 373 7.5 Nm moment about the H-point; and (3) Return to within 13 mm of its initial reference position after the application of a 373 7.5 Nm moment about the H-point and reduction of the moment to 37 0.7 Nm. (b) Strength. When the head restraint is tested in accordance with S5.2.7(b) of this section with the test device specified in that paragraph, the load applied to the head restraint must reach 890 N and remain at 890 N for a period of 5 seconds. S4.3 Dynamic performance and width. At each forward-facing outboard designated seating position equipped with a head restraint, the head restraint adjusted midway between the lowest and the highest position of adjustment, and at any position of backset adjustment, must conform to the following: S4.3.1 Injury criteria. When tested in accordance with S5.3 of this section, during a forward acceleration of the dynamic test platform described in S5.3.1, the head restraint must: (a) Angular rotation. Limit posterior angular rotation between the head and torso of the 50th percentile male Hybrid III test dummy specified in 49 CFR part 572, subpart E, fitted with sensors to measure rotation between the head and torso, to 12 degrees for the dummy in all outboard designated seating positions; (b) Head injury criteria. Limit the maximum HIC15 value to 500. HIC15 is calculated as follows-- For any two points in time, t1 and t2, during the event which are separated by not more than a 15 millisecond time interval and where t1 is less than t2, the head injury criterion (HIC15) is determined using the resultant head acceleration at the center of gravity of the dummy head, a r, expressed as a multiple of g (the acceleration of gravity) and is calculated using the expression: [GRAPHIC] [TIFF OMITTED] TR04MY07.164 4.3.2 Width. The head restraint must have the lateral width specified in S4.2.2 of this section. S4.4 Folding or retracting rear head restraints non-use positions. A rear head restraint may be adjusted to a position at which its height does not comply with the requirements of S4.2.1 of this section. However, in any such position, the head restraint must meet either S4.4(a), (b) or (c) of this section. (a) The head restraint must automatically return to a position in which its minimum height is not less than that specified in S4.2.1(b) of this section when a test dummy representing a 5th percentile female Hybrid III test dummy specified in 49 CFR part 572, subpart O is positioned according to S5.4(a); or (b) The head restraint must, when tested in accordance with S5.4(b) of this section, be capable of manually rotating forward or rearward by not less than 60 degrees from any position of adjustment in which its minimum [[Page 733]] height is not less than that specified in S4.2.1(b) of this section. (c) The head restraint must, when tested in accordance with S5.4(b) of this section, cause the torso reference line angle to be at least 10 degrees closer to vertical than when the head restraint is in any position of adjustment in which its height is not less than that specified in S4.2.1(b)(1) of this section. S4.5 Removability of head restraints. The head restraint must not be removable without a deliberate action distinct from any act necessary for upward adjustment. S4.6 Compliance option selection. Where manufacturer options are specified in this section, the manufacturer must select an option by the time it certifies the vehicle and may not thereafter select a different option for that vehicle. The manufacturer may select different compliance options for different designated seating positions to which the requirements of this section are applicable. Each manufacturer must, upon request from the National Highway Traffic Safety Administration, provide information regarding which of the compliance options it has selected for a particular vehicle or make/model. S4.7 Information in owner's manual. S4.7.1 The owner's manual for each vehicle must emphasize that all occupants, including the driver, should not operate a vehicle or sit in a vehicle's seat until the head restraints are placed in their proper positions in order to minimize the risk of neck injury in the event of a crash. S4.7.2 The owner's manual for each vehicle must-- (a) Include an accurate description of the vehicle's head restraint system in an easily understandable format. The owner's manual must clearly identify which seats are equipped with head restraints; (b) If the head restraints are removable, the owner's manual must provide instructions on how to remove the head restraint by a deliberate action distinct from any act necessary for upward adjustment, and how to reinstall head restraints; (c) Warn that all head restraints must be reinstalled to properly protect vehicle occupants. (d) Describe in an easily understandable format the adjustment of the head restraints and/or seat back to achieve appropriate head restraint position relative to the occupant's head. This discussion must include, at a minimum, accurate information on the following topics: (1) A presentation and explanation of the main components of the vehicle's head restraints. (2) The basic requirements for proper head restraint operation, including an explanation of the actions that may affect the proper functioning of the head restraints. (3) The basic requirements for proper positioning of a head restraint in relation to an occupant's head position, including information regarding the proper positioning of the center of gravity of an occupant's head or some other anatomical landmark in relation to the head restraint. S5 Procedures. Demonstrate compliance with S4.2 through S4.4 of this section as follows. The positions of seat adjustment specified in S5 and S5.1 are conditions to be met concurrently and are not a sequential list of adjustments. Any adjustable lumbar support is adjusted to its most posterior nominal design position. If the seat cushion adjusts independently of the seat back, position the seat cushion such that the highest H-point position is achieved with respect to the seat back, as measured by SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin, with leg length specified in S10.4.2.1 of Sec. 571.208 of this Part. If the specified position of the H-point can be achieved with a range of seat cushion inclination angles, adjust the seat inclination such that the most forward part of the seat cushion is at its lowest position with respect to the most rearward part. All tests specified by this standard are conducted with the ambient temperature between 18 degrees C. and 28 degrees C. S5.1 Except as specified in S5.2.3 and S5.3 of this section, if the seat back is adjustable, it is set at an initial inclination position closest to the manufacturer's design seat back angle, as measured by SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) [[Page 734]] manikin. If there is more than one inclination position closest to the design angle, set the seat back inclination to the position closest to and rearward of the design angle. S5.1.1 Procedure for determining presence of head restraints in rear outboard seats. Measure the height of the top of a rear seat back or the top of any independently adjustable seat component attached to or adjacent to the rear seat back in its highest position of adjustment using the scale incorporated into the SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin or an equivalent scale, which is positioned laterally within 15 mm of the centerline of the rear seat back or any independently adjustable seat component attached to or adjacent to the rear seat back. S5.2 Dimensional and static performance procedures. Demonstrate compliance with S4.2 of this section in accordance with S5.2.1 through S5.2.7 of this section. Position the SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin according to the seating procedure found in SAE Standard J826 JUL95. S5.2.1 Procedure for height measurement. Demonstrate compliance with S4.2.1 of this section in accordance with S5.2.1 (a) and (b) of this section, using the headroom probe scale incorporated into the SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin with the appropriate offset for the H-point position or an equivalent scale, which is positioned laterally within 15 mm of the head restraint centerline. If the head restraint position is independent of the seat back inclination position, compliance is determined at a seat back inclination position closest to the design seat back angle, and each seat back inclination position less than the design seat back angle. (a)(1) For head restraints in front outboard designated seating positions, adjust the top of the head restraint to the highest position and measure the height. (2) For head restraints located in the front outboard designated seating positions that are prevented by the interior surface of the vehicle at the roofline from meeting the required height as specified in S4.2.1(a)(1), measure the clearance between the top of the head restraint and the interior surface of the vehicle at the roofline, with the seat adjusted to its lowest vertical position intended for occupant use, by attempting to pass a 25 mm sphere between them. Adjust the top of the head restraint to the lowest position and measure the height. (b)(1) For head restraints in all outboard designated seating positions equipped with head restraints, adjust the top of the head restraint to the lowest position other than allowed by S4.4 and measure the height. (2) For head restraints located in rear outboard designated seating positions that are prevented by the interior surface of the vehicle at the roofline or the interior surface of the rear backlight from meeting the required height as specified in S4.2.1(b)(1), measure the clearance between the top of the head restraint or the seat back and the interior surface of the vehicle at the roofline or the interior surface of the rear backlight, with the seat adjusted to its lowest vertical position intended for occupant use, by attempting to pass a 25 mm sphere between them. S5.2.2 Procedure for width measurement. Demonstrate compliance with S4.2.2 of this section using calipers to measure the maximum dimension perpendicular to the vehicle vertical longitudinal plane of the intersection of the head restraint with a plane that is normal to the torso reference line of SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin and 65 3 mm below the top of the head restraint. S5.2.3 Procedure for backset measurement. Demonstrate compliance with S4.2.3 of this section using the HRMD positioned laterally within 15 mm of the head restraint centerline. Adjust the front head restraint so that its top is at any height between and inclusive of 750 mm and 800 mm and its backset is in the maximum position other than allowed by S4.4. If the lowest position of adjustment is above 800 mm, adjust the head restraint to that position. If the head restraint position is independent of the seat back inclination position, compliance is determined at [[Page 735]] each seat back inclination position closest to and less than the design seat back angle. S5.2.4 Procedures for gap measurement. S5.2.4.1 Procedure using a 165 mm sphere. Demonstrate compliance with S4.2.4.1 of this section in accordance with the procedures of S5.2.4.1 (a) through (c) of this section, with the head restraint adjusted to its lowest height position and any backset position, except as allowed by S4.4. (a) The area of measurement is anywhere on the anterior surface of the head restraint or seat with a height greater than 540 mm and within the following distances from the centerline of the seat-- (1) 127 mm for seats required to have 254 mm minimum head restraint width; and (2) 85 mm for seats required to have a 170 mm head restraint width. (b) Applying a load of no more than 5 N against the area of measurement specified in subparagraph (a), place a 165 2 mm diameter spherical head form against any gap such that at least two points of contact are made within the area. The surface roughness of the head form is less than 1.6 [micro]m, root mean square. (c) Determine the gap dimension by measuring the vertical straight line distance between the inner edges of the two furthest contact points, as shown in Figures 2, 3 and 4. S5.2.4.2 Procedure using a 25 mm cylinder. Demonstrate compliance with S4.2.4.2 of this section in accordance with the procedures of S5.2.4.2 (a) through (c) of this section, with the head restraint adjusted to its lowest height position and any backset position, except as allowed by S4.4. (a) The area of measurement is between the anterior surface of the head restraint and seat with a height greater than 540 mm and within the following distances from the centerline of the seat-- (1) 127 mm for seats required to have 254 mm minimum head restraint width; and (2) 85 mm for seats required to have a 170 mm head restraint width. (b) Orient a 25 1 mm diameter cylinder such that its long axis is perpendicular to the seat back angle and in a vertical longitudinal vehicle plane. Applying a load of no more than 5 N along the axis of the cylinder, place the cylinder against any gap within the area of measurement specified in subparagraph (a). The surface roughness of the cylinder is less than 1.6 [micro]m, root mean square. (c) Determine if at least 125 mm of the cylinder can completely pass through the gap. If 125 mm or more of the cylinder can completely pass through the gap, the gap is not in compliance. S5.2.5 Procedures for energy absorption. Demonstrate compliance with S4.2.5 of this section in accordance with S5.2.5 (a) through (e) of this section, with adjustable head restraints in any height and backset position of adjustment. (a) Use an impactor with a semispherical head form with a 165 2 mm diameter and a surface roughness of less than 1.6 [micro]m, root mean square. The head form and associated base have a combined mass of 6.8 0.05 kg. (b) Instrument the impactor with an acceleration sensing device whose output is recorded in a data channel that conforms to the requirements for a 600 Hz channel class as specified in SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5). The axis of the acceleration-sensing device coincides with the geometric center of the head form and the direction of impact. (c) Propel the impactor toward the head restraint. At the time of launch, the longitudinal axis of the impactor is within 2 degrees of being horizontal and parallel to the vehicle longitudinal axis. The direction of travel is posteriorly. (d) Constrain the movement of the head form so that it travels linearly along the path described in S5.2.5(c) of this section for not less than 25 mm before making contact with the head restraint. (e) Impact the anterior surface of the seat or head restraint at any point with a height greater than 635 mm and within a distance of the head restraint vertical centerline of 70 mm. [[Page 736]] S5.2.6 Procedures for height retention. Demonstrate compliance with S4.2.6 of this section in accordance with S5.2.6(a) through (e) of this section. For head restraints that move with respect to the seat when occupant loading is applied to the seat back, S5.2.6(a) through (e) may be performed with the head restraint fixed in a position corresponding to the position when the seat is unoccupied. (a) Adjust the adjustable head restraint so that its top is at any of the following height positions at any backset position-- (1) For front outboard designated seating positions-- (i) The highest position; and (ii) Not less than, but closest to 800 mm; and (2) For rear outboard designated seating positions equipped with head restraints-- (i) The highest position; and (ii) Not less than, but closest to 750 mm. (b)(1) Orient a cylindrical test device having a 165 2 mm diameter in plan view (perpendicular to the axis of revolution), and a 152 mm length in profile (through the axis of revolution) with a surface roughness of less than 1.6 [micro]m, root mean square, such that the axis of the revolution is horizontal and in the longitudinal vertical plane through the longitudinal centerline of the head restraint. Position the midpoint of the bottom surface of the cylinder in contact with the head restraint. (2) Establish initial reference position by applying a vertical downward load of 50 1 N at the rate of 250 50 N/minute. Determine the reference position after 5.5 0.5 seconds at this load. (c) Increase the load at the rate of 250 50 N/ minute to at least 500 N and maintain this load for 5.5 0.5 seconds. (d) Reduce the load at the rate of 250 50 N/ minute until the load is completely removed. Maintain this condition for two minutes 5 seconds. (e) Increase the load at the rate of 250 50 N/ minute to 50 1 N and, after 5.5 0.5 seconds at this load, determine the position of the cylindrical device with respect to its initial reference position. S5.2.7 Procedures for backset retention, displacement, and strength. Demonstrate compliance with S4.2.7 of this section in accordance with S5.2.7(a) and (b) of this section. The load vectors that generate moment on the head restraint are initially contained in a vertical plane parallel to the vehicle longitudinal centerline. (a) Backset retention and displacement. For head restraints that move with respect to the seat when occupant loading is applied to the seat back, S5.2.7(a)(1) through (8) may be performed with the head restraint fixed in a position corresponding to the position when the seat is unoccupied. This fixation is applied to the member(s) that first transmit(s) the seat back loading from the occupant to the head restraint. (1) Adjust the head restraint so that its top is at a height closest to and not less than: (i) 800 mm for front outboard designated seating positions (or the highest position of adjustment for head restraints subject to S4.2.1(a)(2)); and (ii) 750 mm for rear outboard designated seating positions equipped with head restraints (or the highest position of adjustment for rear head restraints subject to S4.2.1(b)(2)). (2) Adjust the head restraint to any backset position. (3) In the seat, place a test device having the back pan dimensions and torso reference line (vertical center line), when viewed laterally, with the head room probe in the full back position, of the three dimensional SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin; (4) Establish the displaced torso reference line by creating a posterior moment of 373 7.5 Nm about the H-point by applying a force to the seat back through the back pan at the rate of 187 37 Nm/minute. The initial location on the back pan of the moment generating force vector has a height of 290 mm 13 mm. Apply the force vector normal to the torso reference line and maintain it within 2 degrees of a vertical plane parallel to the vehicle longitudinal centerline. Constrain the back pan to rotate about the H-point. Rotate the force vector direction with the back pan. (5) Maintain the position of the back pan as established in S5.2.7(a)(4) of this section. Using a 165 2 mm diameter spherical head form with a surface [[Page 737]] roughness of less than 1.6 [micro]m, root mean square, establish the head form initial reference position by aligning the centerline of the head form perpendicular to the displaced torso reference line, on the seat centerline, and at a height 65 3 mm below the top of the head restraint. Apply a posterior initial load that will produce a 37 0.7 Nm moment about the H-point. After maintaining this moment for 5.5 0.5 seconds, measure the posterior displacement of the head form during the application of the load. (6) Increase the initial load at the rate of 187 37 Nm/minute until a 373 7.5 Nm moment about the H-point is produced. Maintain the load level producing that moment for 5.5 0.5 seconds and then measure the posterior displacement of the head form relative to the displaced torso reference line. (7) Reduce the load at the rate of 187 37 Nm/ minute until it is completely removed. Maintain this condition for two minutes 5 seconds. (8) Increase the load at the rate of 187 37 Nm/minute until a 37 0.7 Nm moment about the H- point is produced. After maintaining the load level producing that moment for 5.5 0.5 seconds, measure the posterior displacement of the head form position with respect to its initial reference position; and (b) Strength. Increase the load specified in S5.2.7(a)(7) of this section at the rate of 250 50 N/minute to at least 890 N and maintain this load level for 5.5 0.5 seconds. S5.3 Procedures for dynamic performance. Demonstrate compliance with S4.3 of this section in accordance with S5.3.1 though S5.3.9 of this section with a 50th percentile male Hybrid III test dummy specified in 49 CFR part 572 subpart E, fitted with sensors to measure head to torso rotation. The dummy with all sensors is to continue to meet all specifications in 49 CFR part 572 subpart E. The restraint is positioned midway between the lowest and the highest position of adjustment, and at any position of backset. S5.3.1 Mount the vehicle on a dynamic test platform at the vehicle altitude set forth in S13.3 of Sec. 571.208 of this part, so that the longitudinal centerline of the vehicle is parallel to the direction of the test platform travel and so that movement between the base of the vehicle and the test platform is prevented. Instrument the platform with an accelerometer and data processing system. Position the accelerometer sensitive axis parallel to the direction of test platform travel. S5.3.2 Remove the tires, wheels, fluids, and all unsecured components. Remove or rigidly secure the engine, transmission, axles, exhaust, vehicle frame and any other vehicle component necessary to assure that all points on the acceleration vs. time plot measured by an accelerometer on the dynamic test platform fall within the corridor described in Figure 1 and Table 1. S5.3.3 Place any moveable windows in the fully open position. S5.3.4 Seat Adjustment. The following seat adjustments specify conditions to be met concurrently and are not a sequential list of adjustments. At each outboard designated seating position, using any control that primarily moves the entire seat vertically, place the seat in the lowest position. Using any control that primarily moves the entire seat in the fore and aft directions, place the seat midway between the forwardmost and rearmost position. If an adjustment position does not exist midway between the forwardmost and rearmost positions, the closest adjustment position to the rear of the midpoint is used. Adjust the seat cushion and seat back as required by S5 of this section. If the seat back is adjustable, it is set at an inclination position closest to 25 degrees from the vertical, as measured by SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin. If there is more than one inclination position closest to 25 degrees from the vertical, set the seat back inclination to the position closest to and rearward of 25 degrees. If the head restraint is adjustable, adjust the top of the head restraint to a position midway between the lowest position of adjustment and the highest position of adjustment. If an adjustment position midway between the lowest and the highest position does not exist, adjust the head restraint to a position below and nearest to midway between the lowest position of adjustment and the highest position of adjustment. [[Page 738]] S5.3.5 Seat Belt Adjustment. Prior to placing the Type 2 seat belt around the test dummy, fully extend the webbing from the seat belt retractor(s) and release it three times to remove slack. If an adjustable seat belt D-ring anchorage exists, place it in the adjustment position closest to the mid-position. If an adjustment position does not exist midway between the highest and lowest position, the closest adjustment position above the midpoint is used. S5.3.6 Dress and adjust each test dummy as specified in S8.1.8.2 through S8.1.8.3 of Sec. 571.208 of this part. The stabilized test temperature of the test dummy is at any temperature level between 69 degrees F and 72 degrees F, inclusive. S5.3.7 Test dummy positioning procedure. Place a test dummy at each outboard designated seating position equipped with a head restraint. S5.3.7.1 Head. The transverse instrumentation platform of the head is level within \1/2\ degree. To level the head of the test dummy, the following sequence is followed. First, adjust the position of the H- point within the limits set forth in S10.4.2.1 of Sec. 571.208 to level the transverse instrumentation platform of the head of the test dummy. If the transverse instrumentation platform of the head is still not level, then adjust the pelvic angle of the test dummy. If the transverse instrumentation platform of the head is still not level, then adjust the neck bracket of the dummy the minimum amount necessary from the non- adjusted ``0'' setting to ensure that the transverse instrumentation platform of the head is horizontal within \1/2\ degree. The test dummy remains within the limits specified in S10.4.2.1 of Sec. 571.208 after any adjustment of the neck bracket. S5.3.7.2 Upper arms and hands. Position each test dummy as specified in S10.2 and S10.3 of Sec. 571.208 of this part. S5.3.7.3 Torso. Position each test dummy as specified in S10.4.1.1, S10.4.1.2, and S10.4.2.1 of Sec. 571.208 of this Part, except that the midsagittal plane of the dummy is aligned within 15 mm of the head restraint centerline. If the midsagittal plane of the dummy cannot be aligned within 15 mm of the head restraint centerline then align the midsagittal plane of the dummy as close as possible to the head restraint centerline. S5.3.7.4 Legs. Position each test dummy as specified in S10.5 of Sec. 571.208 of this part, except that final adjustment to accommodate placement of the feet in accordance with S5.3.7.5 of this section is permitted. S5.3.7.5 Feet. Position each test dummy as specified in S10.6 of Sec. 571.208 of this part, except that for rear outboard designated seating positions the feet of the test dummy are placed flat on the floorpan and beneath the front seat as far forward as possible without front seat interference. For rear outboard designated seating positions, if necessary, the distance between the knees can be changed in order to place the feet beneath the seat. S5.3.8 Accelerate the dynamic test platform to 17.3 0.6 km/h. All of the points on the acceleration vs. time curve fall within the corridor described in Figure 1 and Table 1 when filtered to channel class 60, as specified in the SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5). Measure the maximum posterior angular displacement. S5.3.9 Calculate the angular displacement from the output of instrumentation placed in the torso and head of the test dummy and an algorithm capable of determining the relative angular displacement to within one degree and conforming to the requirements of a 600 Hz channel class, as specified in SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5). No data generated after 200 ms from the beginning of the forward acceleration are used in determining angular displacement of the head with respect to the torso. S5.3.10 Calculate the HIC15 from the output of instrumentation placed in the head of the test dummy, using the equation in S4.3.1(b) of this section and conforming to the requirements for a 1000 Hz channel class as specified in SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5). No data generated after 200 ms from the beginning of the forward acceleration are used in determining HIC. S5.4 Procedures for folding or retracting head restraints for unoccupied [[Page 739]] rear outboard designated seating positions. (a) Demonstrate compliance with S4.4 (a) of this section, using a 5th percentile female Hybrid III test dummy specified in 49 CFR part 572, subpart O, in accordance with the following procedure-- (1) Position the test dummy in the seat such that the dummy's midsaggital plane is aligned within the 15 mm of the head restraint centerline and is parallel to a vertical plane parallel to the vehicle longitudinal centerline. (2) Hold the dummy's thighs down and push rearward on the upper torso to maximize the dummy's pelvic angle. (3) Place the legs as close as possible to 90 degrees to the thighs. Push rearward on the dummy's knees to force the pelvis into the seat so there is no gap between the pelvis and the seat back or until contact occurs between the back of the dummy's calves and the front of the seat cushion such that the angle between the dummy's thighs and legs begins to change. (4) Note the position of the head restraint. Remove the dummy from the seat. If the head restraint returns to a retracted position upon removal of the dummy, manually place it in the noted position. Determine compliance with the height requirements of S4.2.1 of this section by using the test procedures of S5.2.1 of this section. (b) Demonstrate compliance with S4.4 (b) of this section in accordance with the following procedure: (1) Place the rear head restraint in any position meeting the requirements of S4.2 of this section; (2) Strike a line on the head restraint. Measure the angle or range of angles of the head restraint reference line as projected onto a vertical longitudinal vehicle plane. Alternatively, measure the torso reference line angle with the SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin; (3) Fold or retract the head restraint to a position in which its minimum height is less than that specified in S4.2.1 (b) of this section; (4) Determine the minimum change in the head restraint reference line angle as projected onto a vertical longitudinal vehicle plane from the angle or range of angles measured in 5.4(b)(2). Alternatively, determine the change in the torso reference line angle with the SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5) manikin. S6 Vehicles manufactured on or after September 1, 2009, and before September 1, 2010 (Phase-in of Sec. 571.202a). (a) For vehicles manufactured for sale in the United States on or after September 1, 2009, and before September 1, 2010, a percentage of the manufacturer's production, as specified in S6.1, shall meet the requirements specified in this Sec. 571.202a without regard to any option to comply with the standard in Sec. 571.202 or with the European regulations referenced in S4.3(a) of Sec. 571.202. So long as this percentage requirement is met, a vehicle may comply with the standard in this Sec. 571.202a, with the standard in Sec. 571.202, or with the European regulations referenced in S4.3(a) of Sec. 571.202. (b) Notwithstanding S6(a), vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having previously been certified in accordance with part 567 of this chapter may comply with the standard in this Sec. 571.202a, with the standard in Sec. 571.202, or with the European regulations referenced in S4.3(a) of Sec. 571.202. S6.1 Phase-in percentage. For vehicles manufactured by a manufacturer on or after September 1, 2009, and before September 1, 2010, the amount of vehicles complying with S6(a) shall be not less than 80 percent of: (a) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years prior to September 1, 2009, the manufacturer's average annual production of vehicles manufactured on or after September 1, 2007, and before September 1, 2010, or (b) The manufacturer's production on or after September 1, 2009, and before September 1, 2010. S6.2 Vehicles produced by more than one manufacturer. S6.2.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number [[Page 740]] of vehicles manufactured by each manufacturer under S6.1, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S6.2.2. (a) A vehicle that is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S6.2.2 A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S6.2.1. S7. Vehicles manufactured on or after September 1, 2010, and before September 1, 2011 (Phase-in of rear seat requirements of Sec. 571.202a). (a) For vehicles manufactured for sale in the United States on or after September 1, 2010, and before September 1, 2011 a percentage of the manufacturer's production of vehicles equipped with rear outboard head restraints, as specified in S7.1, shall meet the requirements specified in this Sec. 571.202a for rear head restraints. (b) Vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having previously been certified in accordance with part 567 of this chapter are not subject to the requirement specified in S7(a). S7.1 Phase-in percentage. For vehicles manufactured by a manufacturer on or after September 1, 2010, and before September 1, 2011, the amount of vehicles equipped with rear outboard head restraints complying with S7(a) shall be not less than 80 percent of: (a) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years prior to September 1, 2010, the manufacturer's average annual production of vehicles equipped with rear outboard head restraints manufactured on or after September 1, 2008, and before September 1, 2011, or (b) The manufacturer's production of vehicles equipped with rear outboard head restraints on or after September 1, 2010, and before September 1, 2011. S7.2 Vehicles produced by more than one manufacturer. S7.2.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S7.1, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S7.2.2. S7.2.2 A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S7.2.1. [[Page 741]] [GRAPHIC] [TIFF OMITTED] TR04MY07.159 [GRAPHIC] [TIFF OMITTED] TR04MY07.160 [[Page 742]] [GRAPHIC] [TIFF OMITTED] TR04MY07.161 [[Page 743]] [GRAPHIC] [TIFF OMITTED] TR04MY07.162 [[Page 744]] [GRAPHIC] [TIFF OMITTED] TR04MY07.163 [72 FR 25514, May 4, 2007, as amended at 75 FR 67246, Nov. 2, 2010; 77 FR 761, Jan. 6, 2012] Sec. 571.203 Standard No. 203; Impact protection for the driver from the steering control system. S1. Purpose and scope. This standard specifies requirements for steering control systems that will minimize chest, neck, and facial injuries to the driver as a result of impact. S2. Application. This standard applies to passenger cars and to multipurpose passenger vehicles, trucks and buses with a gross vehicle weight rating of 4,536 kg or less. However, it does not apply to vehicles that conform to the frontal barrier crash requirements (S5.1) of Standard No. 208 (49 CFR 571.208) by means of other than seat belt assemblies. It also does not apply to walk-in vans or vehicles without a steering control. S3. [Reserved] S4. Requirements. Each passenger car and each multipurpose passenger vehicle, truck and bus with a gross vehicle [[Page 745]] weight rating of 4,536 kg or less manufactured on or after September 1, 1981 shall meet the requirements of S5.1 and S5.2. S5. Impact protection requirements. S5.1 Except as provided in this paragraph, the steering control system of any vehicle to which this standard applies shall be impacted in accordance with S5.1(a). (a) When the steering control system is impacted by a body block in accordance with SAE Recommended Practice J944 JUN80 (incorporated by reference, see Sec. 571.5), 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. (b) [Reserved] S5.2 The steering control system shall be so constructed that no components or attachments, including horn actuating mechanisms and trim hardware, can catch the driver's clothing or jewelry during normal driving maneuvers. Note: The term jewelry refers to watches, rings, and bracelets without loosely attached or dangling members. [36 FR 22902, Dec. 2, 1971, as amended at 44 FR 68475, Nov. 29, 1979; 47 FR 47842, Oct. 28, 1982; 58 FR 26527, May 4, 1993; 58 FR 63304, Dec. 1, 1993; 63 FR 28935, May 27, 1998; 63 FR 51003, Sept. 24, 1998; 76 FR 762, Jan. 6, 2012; 87 FR 18588, Mar. 30, 2022] Sec. 571.204 Standard No. 204; Steering control rearward displacement. S1. Purpose and scope. This standard specifies requirements limiting the rearward displacement of the steering control into the passenger compartment to reduce the likelihood of chest, neck, or head injury. S2. Application. This standard applies to passenger cars and to multipurpose passenger vehicles, trucks, and buses. However, it does not apply to walk-in vans or vehicles without steering controls. S3. Definitions. Steering column means a structural housing that surrounds a steering shaft. Steering shaft means a component that transmits steering torque from the steering wheel to the steering gear. S4 Requirements. S4.1 Vehicles manufactured before September 1, 1991. When a passenger car or a truck, bus, or multipurpose passenger vehicle with a gross vehicle weight rating of 10,000 pounds or less and an unloaded vehicle weight of 4,000 pounds or less is tested under the conditions of S5 in a 30 mile per hour 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 5 inches in a horizontal rearward direction parallel to the longitudinal axis of the vehicle. The amount of displacement shall be measured relative to an undisturbed point on the vehicle and shall represent the maximum dynamic movement of the upper end of the steering column and shaft during the crash test. 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. The amount of displacement shall be measured relative to an undisturbed point on the vehicle and shall represent the maximum dynamic movement of the upper end of the steering column and shaft during the crash test. S5. Test conditions. The requirements of S4 shall be met when the vehicle is tested in accordance with the following conditions. S5.1 The vehicle, including test devices and instrumentation, is loaded to its unloaded vehicle weight. S5.2 Adjustable steering controls are adjusted so that a tilting steering wheel hub is at the geometric center of the locus it describes when it is moved through its full range of driving positions. A telescoping steering control is set at the adjustment position midway between the forwardmost and rearwardmost position. [[Page 746]] S5.3 Convertibles and open-body type vehicles have the top, if any, in place in the closed passenger compartment configuration. S5.4 Doors are fully closed and latched but not locked. S5.5 The fuel tank is filled to any level from 90 to 95 percent of capacity. S5.6 The parking brake is disengaged and the transmission is in neutral. S5.7 Tires are inflated to the vehicle manufacturer's specifications. [52 FR 44897, Nov. 23, 1987, as amended at 63 FR 28935, May 27, 1998; 63 FR 51003, Sept. 24, 1998; 87 FR 18588, Mar. 30, 2022] Sec. 571.205 Standard No. 205, Glazing materials. S1. Scope. This standard specifies requirements for glazing materials for use in motor vehicles and motor vehicle equipment. S2. Purpose. The purpose of this standard is to reduce injuries resulting from impact to glazing surfaces, to ensure a necessary degree of transparency in motor vehicle windows for driver visibility, and to minimize the possibility of occupants being thrown through the vehicle windows in collisions. S3. Application. (a) This standard applies to passenger cars, multipurpose passenger vehicles, trucks designed to carry at least one person, buses, motorcycles, slide-in campers, pickup covers designed to carry persons while in motion and low speed vehicles, and to glazing materials for use in those vehicles. (b) For glazing materials manufactured before September 1, 2006, and for motor vehicles, slide-in campers and pickup covers designed to carry persons while in motion, manufactured before November 1, 2006, the manufacturer may, at its option, comply with 49 CFR 571.205(a) of this section. S4. Definitions. Bullet resistant shield means a shield or barrier that is installed completely inside a motor vehicle behind and separate from glazing materials that independently comply with the requirements of this standard. Camper means a structure designed to be mounted in the cargo area of a truck, or attached to an incomplete vehicle with motive power, for the purpose of providing shelter for persons. Glass-plastic glazing material means a laminate of one or more layers of glass and one or more layers of plastic in which a plastic surface of the glazing faces inward when the glazing is installed in a vehicle. Pickup cover means a camper having a roof and sides but without a floor, designed to be mounted on and removable from the cargo area of a truck by the user. Prime glazing manufacturer means a manufacturer that fabricates, laminates, or tempers glazing materials. Slide-in camper means a camper having a roof, floor, and sides, designed to be mounted on and removable from the cargo area of a truck by the user. S5. Requirements. S5.1 Glazing materials for use in motor vehicles must conform to ANSI/SAE Z26.1-1996 (incorporated by reference, see Sec. 571.5), unless this standard provides otherwise. SAE Recommended Practice J673 (1993) (incorporated by reference, see Sec. 571.5) is referenced in ANSI/SAE Z26.1-1996. S5.1.1 Multipurpose passenger vehicles. Except as otherwise specifically provided by this standard, glazing for use in multipurpose passenger vehicles shall conform to the requirements for glazing for use in trucks as specified in ANSI/SAE Z26.1-1996 (incorporated by reference, see Sec. 571.5). S5.1.2 Aftermarket replacement glazing. Glazing intended for aftermarket replacement is required to meet the requirements of this standard or the requirements of 49 CFR 571.205(a) applicable to the glazing being replaced. S5.1.3 Location of arrow within ``AS'' markings. In ANSI/SAE Z26.1- 1996 (incorporated by reference, see Sec. 571.5) Section 7. ``Marking of Safety Glazing Materials,'' on page 33, in the right column, in the first complete sentence, the example markings ``AS[darr]1'', ``AS[darr]14'' and ``AS[uarr]2'' are corrected to read ``A[darr]S1'', ``A[darr]S14'' and ``A[uarr]S2''. Note that the arrow indicating the portion of the material that complies with Test 2 is placed with its base adjacent to a horizontal line. [[Page 747]] S5.2 Each of the test specimens described in ANSI/SAE Z26.1-1996 (incorporated by reference, see Sec. 571.5) Section 5.7 (fracture test) must meet the fracture test requirements of that section when tested in accordance with the test procedure set forth in that section. S5.3 Shade Bands. Shade band areas for windshields shall comply with the requirements of either S5.3.1 or S5.3.2. S5.3.1 Shade bands for windshields shall comply with SAE Recommended Practice J100 (1995) (incorporated by reference, see Sec. 571.5). S5.3.2 Except as provided in S5.3.2.1, the lower boundary of shade bands for windshields shall be a plane inclined upwards from the X axis of the vehicle at 7 degrees, passing through point V1, and parallel to the Y axis. The coordinate system and point V1 shall be as specified in Annexes 18 and 19 of European Commission for Europe (ECE) Regulation No. 43 Revision 2--Amendment 1. S5.3.2.1 In the area 300 mm wide centered on the intersection of the windshield surface and longitudinal vertical median plane of the vehicle, the lower boundary of shade bands for windshields shall be a plane inclined upwards from the X axis of the vehicle at 3 degrees, passing through point V1, and parallel to the Y axis. S5.4 Low speed vehicles. Windshields of low speed vehicles must meet the ANSI/SAE Z26.1-1996 specifications for either AS-1 or AS-4 glazing. S5.5 Item 4A Glazing. Item 4A glazing may be used in all areas in which Item 4 safety glazing may be used, and also for side windows rearward of the ``C'' pillar. I.e., Item 4A glazing may be used under Item 4A paragraph (b) of ANSI/SAE Z26.1-1996 only in side windows rearward of the ``C'' pillar. S6. Certification and marking. S6.1 A prime glazing material manufacturer must certify, in accordance with 49 U.S.C. 30115, each piece of glazing material to which this standard applies that is designed-- (a) As a component of any specific motor vehicle or camper; or (b) To be cut into components for use in motor vehicles or items of motor vehicle equipment. S6.2 A prime glazing manufacturer certifies its glazing by adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in letters and numerals of the same size, the symbol ``DOT'' and a manufacturer's code mark that NHTSA assigns to the manufacturer. NHTSA will assign a code mark to a manufacturer after the manufacturer submits a written request to the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The request must include the company name, address, and a statement from the manufacturer certifying its status as a prime glazing manufacturer as defined in S4. S6.3 A manufacturer or distributor who cuts a section of glazing material to which this standard applies, for use in a motor vehicle or camper, must-- (a) Mark that material in accordance with section 7 of ANSI/SAE Z26.1-1996; and (b) Certify that its product complies with this standard in accordance with 49 U.S.C. 30115. [37 FR 12239, June 21, 1972] Editorial Note: For Federal Register citations affecting Sec. 571.205, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.205(a) Glazing equipment manufactured before September 1, 2006 and glazing materials used in vehicles manufactured before November 1, 2006. S1. Scope. This standard specifies requirements for glazing equipment manufactured before September 1, 2006 for use in motor vehicles and motor vehicle equipment, and specifies requirements for motor vehicles manufactured before November 1, 2006 and for replacement glazing for those vehicles. A manufacturer may, at its option, comply with 49 CFR 571.205 instead of this standard. S2. Purpose. The purpose of this standard is to reduce injuries resulting from impact to glazing surfaces, to ensure a necessary degree of transparency in motor vehicle windows for driver visibility, and to minimize the possibility of occupants being thrown [[Page 748]] through the vehicle windows in collisions. S3. Application. This standard applies to glazing equipment manufactured before September 1, 2006 for use in motor vehicles and motor vehicle equipment. In addition, this standard applies to the following vehicles manufactured before November 1, 2006: passenger cars, low speed vehicles, multipurpose passenger vehicles, trucks, buses, and motorcycles. This standard also applies to slide-in campers, and pickup covers designed to carry persons while in motion, manufactured before November 1, 2006. S4. Definitions Bullet resistant shield means a shield or barrier that is installed completely inside a motor vehicle behind and separate from glazing materials that independently comply with the requirements of this standard. Camper means a structure designed to be mounted in the cargo area of a truck, or attached to an incomplete vehicle with motive power, for the purpose of providing shelter for persons. Glass-plastic glazing material means a laminate of one or more layers of glass and one or more layers of plastic in which a plastic surface of the glazing faces inward when the glazing is installed in a vehicle. Motor home means a multipurpose passenger vehicle that provides living accommodations for persons. Pickup cover means a camper having a roof and sides but without a floor, designed to be mounted on and removable from the cargo area of a truck by the user. Slide-in camper means a camper having a roof, floor, and sides, designed to be mounted on and removable from the cargo area of a truck by the user. S5. Requirements S5.1. Materials S5.1.1 Glazing materials for use in motor vehicles, except as otherwise provided in this standard shall conform to ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5). However, Item 11B glazing as specified in that standard may not be used in motor vehicles at levels requisite for driving visibility, and Item 11B glazing is not required to pass Tests Nos. 17, 30, and 31. S5.1.1.1 The chemicals specified for testing chemical resistance in Tests Nos. 19 and 20 of ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5) shall be: (a) One percent solution of nonabrasive soap. (b) Kerosene. (c) Undiluted denatured alcohol, Formula SD No. 30 (1 part 100- percent methyl alcohol in 10 parts 190-proof ethyl alcohol by volume). (d) Gasoline, ASTM Reference Fuel C, which is composed of Isooctane 50 volume percentage and Toluene 50 volume percentage. Isooctane must conform to A2.7 in the ASTM Motor Fuels section (incorporated by reference, see Sec. 571.5), and Toluene must conform to ASTM D362-84 (incorporated by reference, see Sec. 571.5), Standard Specification for Industrial Grade Toluene. ASTM Reference Fuel C must be used as specified in: (1) Paragraph A2.3.2 and A2.3.3 in the ASTM Motor Fuels section (incorporated by reference, see Sec. 571.5); and (2) OSHA Standard 29 CFR 1910.106--``Handling Storage and Use of Flammable Combustible Liquids.'' S5.1.1.2 The following locations are added to the lists specified in ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5) in which item 4, item 5, item 8, and item 9 safety glazing may be used: (a)-(i) [Reserved] (j) Windows and doors in motor homes, except for the windshield and windows to the immediate right or left of the driver. (k) Windows and doors in slide-in campers and pickup covers. (l) Windows and doors in buses except for the windshield, windows to the immediate right or left of the driver, and rearmost windows if used for driving visibility. (m) For Item 5 safety glazing only: Motorcycle windscreens below the intersection of a horizontal plane 380 millimeters vertically above the lowest seating position. S5.1.1.3 The following locations are added to the lists specified in ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, [[Page 749]] see Sec. 571.5) in which item 6 and item 7 safety glazing may be used: (a)-(i) [Reserved] (j) Windows and doors in motor homes, except for the windshield, forward-facing windows, and windows to the immediate right or left of the driver. (k) Windows, except forward-facing windows, and doors in slide-in campers and pickup covers. (l) For item 7 safety glazing only: (1) Standee windows in buses. (2) Interior partitions. (3) Openings in the roof. S5.1.1.4 The following locations are added to the lists specified in ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5) in which item 8 and item 9 safety glazing may be used: (a)-(e) [Reserved] (f) Windows and doors in motor homes, except for the windshield and windows to the immediate right or left of the driver. (g) Windows and doors in slide-in campers and pickup covers. S5.1.1.5 The phrase ``readily removable'' windows as defined in ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5), for the purposes of this standard, in buses having a GVWR of more than 4536 kilograms (10,000 pounds), shall include pushout windows and windows mounted in emergency exits that can be manually pushed out of their location in the vehicle without the use of tools, regardless of whether such windows remain hinged at one side to the vehicle. S5.1.1.6 Multipurpose passenger vehicles. Except as otherwise specifically provided by this standard, glazing for use in multipurpose passenger vehicles shall conform to the requirements for glazing for use in trucks as specified in ANSI Z26.1-1977, as amended by ANSI Z26.1a- 1980 (both incorporated by reference, see Sec. 571.5). S5.1.1.7 Test No. 17 is deleted from the list of tests specified in ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5) for Item 5 glazing material and Test No. 18 is deleted from the lists of tests specified in ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980, for Item 3 and Item 9 glazing material. S5.1.2 In addition to the glazing materials specified in ANSI Z26.1- 1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5), materials conforming to S5.1.2.1, S5.1.2.2, S5.1.2.3, S5.1.2.4, S5.1.2.5, S5.1.2.6, S5.1.2.7, S5.1.2.8, and S5.1.2.11 may be used in the locations of motor vehicles specified in those sections. S5.1.2.1 Item 11C--Safety Glazing Material for Use in Bullet Resistant Shields. Bullet resistant glazing that complies with Tests Nos. 2, 17, 19, 20, 21, 24, 27, 28, 29, 30 and 32 of ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5) and the labeling requirements of S5.1.2.5 may be used only in bullet resistant shields that can be removed from the motor vehicle easily for cleaning and maintenance. A bullet resistant shield may be used in areas requisite for driving visibility only if the combined parallel luminous transmittance with perpendicular incidence through both the shield and the permanent vehicle glazing is at least 60 percent. S5.1.2.2 Item 12--Rigid Plastics. Safety plastics materials that comply with Tests Nos. 10, 13, 16, 19, 20, 21, and 24 of ANSI Z26.1- 1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5), with the exception of the test for resistance to undiluted denatured alcohol Formula SD No. 30, and that comply with the labeling requirements of S5.1.2.5, may be used in a motor vehicle only in the following specified locations at levels not requisite for driving visibility. (a) Window and doors in slide-in campers and pickup covers. (b) Motorcycle windscreens below the intersection of a horizontal plane 380 millimeters vertically above the lowest seating position. (c) Standee windows in buses. (d) Interior partitions. (e) Openings in the roof. (f) Flexible curtains or readily removable windows or in ventilators used in conjunction with readily removable windows. (g) Windows and doors in motor homes, except for the windshield and [[Page 750]] windows to the immediate right or left of the driver. (h) Windows and doors in buses, except for the windshield and window to the immediate right and left of the driver. S5.1.2.3 Item 13--Flexible plastics. Safety plastic materials that comply with Tests Nos. 16, 19, 20, 22, and 23 or 24 of ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5), with the exception of the test for resistance to undiluted denatured alcohol Formula SD No. 30, and that comply with the labeling requirements of S5.1.2.5 may be used in the following specific locations at levels not requisite for driving visibility. (a) Windows, except forward-facing windows, and doors in slide-in campers and pickup covers. (b) Motorcycle windscreens below the intersection of a horizontal plane 380 millimeters vertically above the lowest standing position. (c) Standee windows in buses. (d) Interior partitions. (e) Openings in the roof. (f) Flexible curtains or readily removable windows or in ventilators used in conjunction with readily removable windows. (g) Windows and doors in motor homes, except for the windshield, forward-facing windows, and windows to the immediate right or left of the driver. S5.1.2.4 Item 14--Glass Plastics. Glass-plastic glazing materials that comply with the labeling requirements of S5.1.2.10 and Tests Nos. 1, 2, 3, 4, 9, 12, 15, 16, 17, 18, 19, 24, 26, and 28, as those tests are modified in S5.1.2.9, Test Procedures for Glass-Plastics, may be used anywhere in a motor vehicle, except that it may not be used in windshields of any of the following vehicles: convertibles, vehicles that have no roof, vehicles whose roofs are completely removable. S5.1.2.5 Item 15A--Annealed Glass-Plastic for Use in All Positions in a Vehicle Except the Windshield. Glass-plastic glazing materials that comply with Tests Nos. 1, 2, 3, 4, 9, 12, 16, 17, 18, 19, 24, and 28, as those tests are modified in S5.1.2.9 Test Procedures for Glass-Plastics, may be used anywhere in a motor vehicle except the windshield. S5.1.2.6 Item 15B--Tempered Glass-Plastic for Use in All Positions in a Vehicle Except the Windshield. Glass-plastic glazing materials that comply with Tests Nos. 1, 2, 3, 4, 6, 7, 8, 16, 17, 18, 19, 24, and 28, as those tests are modified in S5.1.2.9 Test Procedures for Glass- Plastics, may be used anywhere in a motor vehicle except the windshield. S5.1.2.7 Item 16A--Annealed Glass-Plastic for Use in All Positions in a Vehicle Not Requisite for Driving Visibility. Glass-plastic glazing materials that comply with Tests Nos. 3, 4, 9, 12, 16, 19, 24, and 28, as those tests are modified in S5.1.2.9 Test Procedures for Glass- Plastics, may be used in a motor vehicle in all locations not requisite for driving visibility. S5.1.2.8 Item 16B--Tempered Glass-Plastic for Use in All Positions in a Vehicle Not Requisite for Driving Visibility. Glass-plastic glazing materials that comply with Tests Nos. 3, 4, 6, 7, 8, 16, 19, 24, and 28, as those tests are modified in S5.1.2.9 Test Procedures for Glass- Plastics, may be used in a motor vehicle in all locations not requisite for driving visibility. S5.1.2.9--Test Procedures for Glass-Plastics. (a) Tests Nos. 6, 7, 8, 9, 12, 16, and 18, shall be conducted on the glass side of the specimen, i.e., the surface which would face the exterior of the vehicle. Tests Nos. 17, 19, 24, and 26 shall be conducted on the plastic side of the specimen, i.e., the surface which would face the interior of the vehicle. Test No. 15 should be conducted with the glass side of the glazing facing the illuminated box and the screen, respectively. For Test No. 19, add the following to the specified list: an aquaeous solution of isopropanol and glycol ether solvents in concentration no greater than ten percent or less than five percent by weight and ammonium hydroxide no greater than five percent or less than one percent by weight, simulating typical commercial windshield cleaner. (b) Glass-plastic specimens shall be exposed to an ambient air temperature of -40 degrees Celsius (plus or minus 5 degrees Celsius), for a period of 6 hours at the commencement of Test No. 28, [[Page 751]] rather than at the initial temperature specified in that test. After testing, the glass-plastic specimens shall show no evidence of cracking, clouding, delaminating, or other evidence of deterioration. (c) Glass-plastic specimens tested in accordance with Test No. 17 shall be carefully rinsed with distilled water following the abrasion procedure and wiped dry with lens paper. After this procedure, the arithmetic means of the percentage of light scattered by the three specimens as a result of abrasion shall not exceed 4.0 percent. (d) Data obtained from Test No. 1 should be used when conducting Test No. 2. (e)(1) Except as provided in S5.1.2.9(e)(2), glass-plastic glazing specimens tested in accordance with Tests Nos. 9, 12, and 26 shall be clamped in the test fixture in Figure 1 of this standard in the manner shown in that figure. The clamping gasket shall be made of rubber 3 millimeters (mm) thick of hardness 50 IRHD (International Rubber Hardness Degrees), plus or minus five degrees. Movement of the test specimen, measured after the test, shall not exceed 2 mm at any point along the inside periphery of the fixture. Movement of the test specimen beyond the 2 mm limit shall be considered an incomplete test, not a test failure. A specimen used in such an incomplete test shall not be retested. (2) At the option of the manufacturer, glass-plastic glazing specimens tested in accordance with Tests Nos. 9 and 12 may be tested unclamped. Such specimens shall be tested using the fixture in Figure 1 of the standard, including the upper frame (unclamped) which holds the specimen in place. S5.1.2.10 Cleaning Instructions. (a) Each manufacturer of glazing materials designed to meet the requirements of S5.1.2.1., S5.1.2.2, S5.1.2.3, S5.1.2.4, S5.1.2.5, S5.1.2.6, S5.1.2.7, S5.1.2.8, or S5.1.2.11 shall affix a label, removable by hand without tools, to each item of glazing materials. The label shall identify the product involved, specify instructions and agents for cleaning the material that will minimize the loss of transparency, and instructions for removing frost and ice, and, at the option of the manufacturer, refer owners to the vehicle's Owners Manual for more specific cleaning and other instructions. (b) Each manufacturer of glazing materials designed to meet the requirements of paragraphs S5.1.2.4, S5.1.2.5, S5.1.2.6, S5.1.2.7, or S5.1.2.8 may permanently and indelibly mark the lower center of each item of such glazing material, in letters not less than 4.5 millimeters nor more than 6 millimeters high, the following words, GLASS PLASTIC MATERIAL--SEE OWNER'S MANUAL FOR CARE INSTRUCTIONS. S5.1.2.11 Test Procedures for Item 4A--Rigid Plastic for Use in Side Windows Rearward of the ``C'' Pillar. (a) Glazing materials that comply with Tests Nos. 2, 10, 13, 16, 17, as that test is modified in S5.1.2.9(c) (on the interior side only), 17, as that test is modified in paragraph (b) of this section (on the exterior side only), 19, 20, 21, and 24 of ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5), may be used in the following specific locations: (1) All areas in which item 4 safety glazing may be used. (2) Any side window that meets the criteria in S5.1.2.11(a)(2)(i) and (ii): (i) Is in a vehicle whose rearmost designated seating position is forward-facing and cannot be adjusted so that it is side or rear-facing; and (ii) The forwardmost point on its visible interior surface is rearward of the vertical transverse plane that passes through the shoulder reference point (as described in Figure 1 of Section 571.210 Seat belt assembly anchorages) of that rearmost seating position. (b)(1) The initial maximum haze level shall not exceed 1.0 percent. The specimens are subjected to abrasion for 100 cycles and then carefully wiped with dry lens paper (or its equivalent). The light scattered by the abraded track is measured in accordance with Test 17. The arithmetic mean of the percentages of light scattered by the three specimens shall not exceed 4.0 percent after being subjected to abrasion for 100 cycles. (2) The specimen is remounted on the specimen holder so that it rotates substantially in a plane and subjected to abrasion for an additional 400 cycles on the same track already abraded for 100 [[Page 752]] cycles. Specimens are carefully wiped after abrasion with dry lens paper (or its equivalent). The light scattered by the abraded track is then measured as specified in Test 17. The arithmetic mean of the percentages of light scattered by the three specimens shall not exceed 10.0 percent after being subjected to abrasion for 500 cycles. S5.2 Edges. In vehicles except schoolbuses, exposed edges shall be treated in accordance with SAE Recommended Practice J673a (1967) (incorporated by reference, see Sec. 571.5). In schoolbuses, exposed edges shall be banded. S6. Certification and Marking. S6.1 Each prime glazing material manufacturer, except as specified below, shall mark the glazing materials it manufactures in accordance with section 6 of ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5). The materials specified in S5.1.2.1, S5.1.2.2, S5.1.2.3, S5.1.2.4, S5.1.2.5, S5.1.2.6, S5.1.2.7, S5.1.2.8, and S5.1.2.11 shall be identified by the marks ``AS 11C'', ``AS 12'', ``AS 13'', ``AS 14'', ``AS 15A'', ``AS 15B'', ``AS 16A'', ``AS 16B'', and ``AS 4'', respectively. A prime glazing material manufacturer is one which fabricates, laminates, or tempers the glazing material. S6.2 Each prime glazing material manufacturer shall certify each piece of glazing material to which this standard applies that is designed as a component of any specific motor vehicle or camper, pursuant to section 114 of the National Traffic and Motor Vehicle Safety Act of 1966 (49 U.S.C. Sec. 30115), by adding to the mark required by S6.1 in letters and numerals of the size specified in section 6 of ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5), the symbol ``DOT'' and a manufacturer's code mark, which will be assigned by NHTSA on the written request of the manufacturer. S6.3 Each prime glazing material manufacturer shall certify each piece of glazing material to which this standard applies that is designed to be cut into components for use in motor vehicles or items of motor vehicle equipment, pursuant to section 114 of the National Traffic and Motor Vehicle Safety Act (49 U.S.C. Sec. 30115). S6.4 Each manufacturer or distributor who cuts a section of glazing material to which this standard applies, for use in a motor vehicle or camper, shall mark that material in accordance with section 6 of ANSI Z26.1-1977, as amended by ANSI Z26.1a-1980 (both incorporated by reference, see Sec. 571.5). S6.5 Each manufacturer or distributor who cuts a section of glazing material to which this standard applies, for use in a motor vehicle or camper, shall certify that his product complies with this standard in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act (49 U.S.C. 30115). [[Page 753]] [GRAPHIC] [TIFF OMITTED] TR12JY05.000 [70 FR 39966, July 12, 2005, as amended at 77 FR 763, Jan. 6, 2012] Sec. 571.206 Standard No. 206; Door locks and door retention components. S1. Scope and Purpose. This standard specifies requirements for vehicle door locks and door retention components, including latches, hinges, and other supporting means, to minimize the likelihood of occupants being ejected from a vehicle as a result of impact. S2. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks designed to carry at least one person, and buses with a gross vehicle weight rating (GVWR) of 4,536 kg or less. [[Page 754]] S3. Definitions. Auxiliary Door Latch is a latch equipped with a fully latched position, with or without a secondary latched position, and fitted to a door or door system equipped with a primary door latch system. Auxiliary Door Latch System consists of door latches and strikers other than those associated with the primary door latch system. Back Door is a door or door system on the back end of a motor vehicle through which passengers can enter or depart the vehicle or cargo can be loaded or unloaded. It does not include: (a) A trunk lid; or (b) A door or window composed entirely of glazing material and whose latches and/or hinge systems are attached directly to the glazing material. Body Member is that portion of the hinge normally affixed to the body structure. Door Closure Warning System is a system that will activate a visual signal when a door latch system is not in its fully latched position and the vehicle ignition is activated. Door Hinge System is one or more hinges used to support a door. Door Latch System consists of latches and strikers installed on a door system. Door Member is that portion of the hinge normally affixed to the door structure and constituting the swinging member. Door System is the door, latch, striker, hinges, sliding track combinations and other door retention components on a door and its surrounding doorframe. The door system of a double door includes both doors. Double Door is a system of two doors where the front door or wing door opens first and connects to the rear door or bolted door, which opens second. Folding Door is a movable barrier, which will close off an entranceway to a bus, multipurpose passenger vehicle or truck, consisting of two or more hinge panels that swing, slide, or rotate; does not have a striker and latch assembly. Fork-bolt is the part of the latch that engages and retains the striker when in a latched position. Fork-bolt Opening Direction is the direction opposite to that in which the striker enters the latch to engage the fork-bolt. Fully Latched Position is the coupling condition of the latch that retains the door in a completely closed position. Hinge is a device system used to position the door relative to the body structure and control the path of the door swing for passenger ingress and egress. Hinge Pin is that portion of the hinge normally interconnecting the body and door members and establishing the swing axis. Latch is a device employed to maintain the door in a closed position relative to the vehicle body with provisions for deliberate release (or operation). Primary Door Latch is a latch equipped with both a fully latched position and a secondary latched position and is designated as a ``primary door latch'' by the manufacturer. Primary Door Latch System consists of a primary door latch(s) and a striker(s). Secondary Latched Position refers to the coupling condition of the latch that retains the door in a partially closed position. Side Front Door is a door that, in a side view, has 50 percent or more of its opening area forward of the rearmost point on the driver's seat back, when the seat back is adjusted to its most vertical and rearward position. For vehicles without a driver's designated seating position it is a door that in a side view, has 50 percent or more of its opening area forward of the rearmost point on the most rearward passenger's seat back in the front row of seats, when the seat backs are adjusted to their most vertical and rearward position. Side Rear Door is a door that, in a side view, has 50 percent or more of its opening area to the rear of the rearmost point on the driver's seat back, when the driver's seat is adjusted to its most vertical and rearward position. For vehicles without a driver's designated seating position it is a door that in a side view, has 50 percent or more of its opening area rear of the rearmost point on the most rearward [[Page 755]] passenger's seat back in the front row of seats, when the seat backs are adjusted to their most vertical and rearward position. Striker is a device with which the latch engages to maintain the door in the fully latched or secondary latched position. Trunk Lid is a movable body panel that provides access from outside the vehicle to a space wholly partitioned from the occupant compartment by a permanently attached partition or fixed or fold-down seat back. S4. Requirements. The requirements apply to all side and back doors, that lead directly into a compartment that contains one or more seating accommodations and the associated door components, except for those on folding doors, roll-up doors, detachable doors, bus doors used only for emergency egress purposes and labeled accordingly and on bus doors to accommodate a permanently attached wheelchair lift system that when the device is in the retracted position, the lift platform retracts to a vertical orientation parallel to and in close proximity with the interior surface of the lift door and in that position, the platform completely covers the doorway opening, has fixed attachments to the vehicle and provides a barricade to the doorway. The bus wheelchair lift door must be linked to an alarm system consisting of either a flashing visible signal located in the driver's compartment or an alarm audible to the driver that is activated when the door is not fully closed and the vehicle ignition is activated. S4.1 Hinged Doors S4.1.1 Primary and Auxiliary Door Latch Systems. Each hinged door system shall be equipped with at least one primary door latch system. By the time a vehicle is certified a manufacturer shall designate the door latch system(s) that is the ``primary door latch system(s).'' Upon certification, a manufacturer may not thereafter alter the designation of a primary door latch system. Each manufacturer shall, upon request from the National Highway Traffic Safety Administration, provide information regarding such designation. S4.1.1.1 Load Test One. (a) Each primary door latch system and auxiliary door latch system, when in the fully latched position, shall not separate when a load of 11,000 N is applied in the direction perpendicular to the face of the latch such that the latch and the striker anchorage are not compressed against each other, when tested in accordance with S5.1.1.1. (b) When in the secondary latched position, the primary door latch system shall not separate when a load of 4,500 N is applied in the same direction specified in paragraph (a) of this section when tested in accordance with S5.1.1.1. S4.1.1.2 Load Test Two. (a) Each primary door latch system and auxiliary door latch system, when in the fully latched position, shall not separate when a load of 9,000 N is applied in the fork-bolt opening direction and parallel to the face of the latch, when tested in accordance with S5.1.1.2. (b) When in the secondary latched position, the primary door latch system shall not separate when a load of 4,500 N is applied in the same direction specified in paragraph (a) of this section when tested in accordance with S5.1.1.2. S4.1.1.3 Load Test Three. (Applicable only to back doors that open in a vertical direction). Each primary door latch system on back doors, when in the fully latched position, shall not separate when a load of 9,000 N is applied in a direction orthogonal to the directions specified in S4.1.1.1 and S4.1.1.2 when tested in accordance with S5.1.1.3. S4.1.1.4 Inertial Load. Each primary door latch system and auxiliary door latch system shall meet either the dynamic requirements specified in paragraphs (a) and (b) of S4.1.1.4 or the calculation of inertial load resistance specified in paragraph (c) of S4.1.1.4. (a) Each primary door latch and auxiliary door latch on each hinged door shall not disengage from the fully latched position when an inertia load is applied to the door latch system, including the latch and its activation device, in the directions parallel to the vehicle's longitudinal and transverse [[Page 756]] axes with the locking device disengaged, when tested as specified in S5.1.1.4(b). (b) Each primary door latch and auxiliary door latch on each hinged back door shall also not disengage from the fully latched position when an inertia load is applied to the door latch system, including the latch and its activation device, in the direction parallel to the vehicle's vertical axis with the locking device disengaged, when tested as specified in S5.1.1.4(b). (c) Each component or subassembly is calculated for its minimum inertial load resistance in a particular direction. The combined resistance to the unlatching operation must assure that the door latch system, when properly assembled in the vehicle door, will remain latched when subjected to an inertial load of 30 g in the vehicle directions specified in paragraph (a) of this section or paragraph (b) of this section, as applicable, when calculated in accordance with S5.1.1.4 (a). S4.1.2 Door Hinges. S4.1.2.1 When tested in accordance with S5.1.2, each door hinge system shall: (a) Support the door, (b) Not separate when a longitudinal load of 11,000 N is applied, (c) Not separate when a transverse load of 9,000 N is applied, and (d) For back doors, (1) Not separate when a load of 11,000 N is applied perpendicular to the hinge face plate (longitudinal load test) such that the hinge plates are not compressed against each other (Load Test One). (2) Not separate when a load of 9,000 N is applied perpendicular to the axis of the hinge pin and parallel to the hinge face plate (transverse load test) such that the hinge plates are not compressed against each other (Load Test Two). (3) Not separate when a load of 9,000 N is applied in the direction of the axis of the hinge pin (Load Test Three--only for back doors that open in a vertical direction). S4.1.2.2 If a single hinge within the hinge system is tested instead of the entire hinge system, the hinge must bear a load proportional to the total number of hinges in the hinge system. (For example, an individual hinge in a two-hinge system must be capable of withstanding 50% of the load requirements of the total system.) S4.1.2.3 On side doors with rear mounted hinges that can be operated independently of other doors, (a) The interior door handle shall be inoperative when the speed of the vehicle is greater than or equal to 4 km/h, and (b) A door closure warning system shall be provided for those doors. The door closure warning system shall be located where it can be clearly seen by the driver. S4.1.3.2 Side Rear Door Locks. In passenger cars and multipurpose passenger vehicles, when the locking mechanism is engaged both the outside and inside door handles or other latch release controls shall be inoperative. S4.2 Sliding Side Doors. S4.2.1 Latch System. Each sliding door system shall be equipped with either: (a) At least one primary door latch system, or (b) A door latch system with a fully latched position and a door closure warning system. The door closure warning system shall be located where it can be clearly seen by the driver. Upon certification a manufacturer may not thereafter alter the designation of a primary latch. Each manufacturer shall, upon request from the National Highway Traffic Safety Administration, provide information regarding such designation. S4.2.1.1 Load Test One. (a) At least one door latch system, when in the fully latched position, shall not separate when a load of 11,000 N is applied in the direction perpendicular to the face of the latch such that the latch and the striker anchorage are not compressed against each other, when tested in accordance with S5.2.1.1. (b) In the case of a primary door latch system, when in the secondary latched position, the door latch system shall not separate when a load of 4,500 N is applied in the same direction specified in paragraph (a) of this section when tested in accordance with S5.2.1.1. S4.2.1.2 Load Test Two. [[Page 757]] (a) At least one door latch system, when in the fully latched position, shall not separate when a load of 9,000 N is applied in the fork-bolt opening direction and parallel to the face of the latch when tested in accordance with S5.2.1.2. (b) In the case of a primary door latch system, when in the secondary latched position, the door latch system shall not separate when a load of 4,500 N is applied in the same direction specified in paragraph (a) of this section when tested in accordance with S5.2.1.2. S4.2.1.3 Inertial Load. Each door latch system certified as meeting the requirements of S4.2.1.1 and S4.2.1.2 shall meet either the dynamic requirements specified in paragraph (a) of this section or the calculation of inertial load resistance specified in paragraph (b) of this section. (a) The door latch system shall not disengage from the fully latched position when an inertial load is applied to the door latch system, including the latch and its activation mechanism, in the directions parallel to the vehicle's longitudinal and transversal axes with the locking mechanism disengaged, and when tested in accordance with S5.1.1.4(b). (b) The minimum inertial load resistance can be calculated for each component or subassembly. Their combined resistance to the unlatching operation must assure that the door latch system, when properly assembled in the vehicle door, will remain latched when subjected to an inertia load of 30 g in the vehicle directions specified in paragraph (a) of this section, when calculated in accordance with S5.1.1.4(a). S4.2.2 Door System. S4.2.2.1 The track and slide combination or other supporting means for each sliding door, while in the closed fully latched position, shall not separate from the door frame when a total force of 18,000 N along the vehicle transverse axis is applied to the door as specified in S5.2.2. S4.2.2.2 When a sliding door system is tested in accordance with S5.2.2, the following conditions shall not occur: (a) A separation which permits a sphere with a diameter of 100 mm to pass unobstructed between the exterior of the vehicle to the interior of the vehicle, while the required force is maintained as shown in Figure 1. (b) Either force application device reaches a total displacement of 300 mm. S4.2.2.3 This S4.2.2 applies to vehicles manufactured on or after September 1, 2010. S4.3 Door Locks. Each door shall be equipped with at least one locking device which, when engaged, shall prevent operation of the exterior door handle or other exterior latch release control and which has an operating means and a lock release/engagement device located within the interior of the vehicle. S4.3.1 Rear side doors. Each rear side door shall be equipped with at least one locking device which has a lock release/engagement mechanism located within the interior of the vehicle and readily accessible to the driver of the vehicle or an occupant seated adjacent to the door, and which, when engaged, prevents operation of the interior door handle or other interior latch release control and requires separate actions to unlock the door and operate the interior door handle or other interior latch release control. S4.3.2 Back doors. Each back door equipped with an interior door handle or other interior latch release control, shall be equipped with at least one locking device that meets the requirements of S4.3.1. S5 Test Procedures. S5.1 Hinged Doors. S5.1.1 Primary and Auxiliary Door Latches. S5.1.1.1 Load Test One Force Application. The test procedures for S4.1.1.1 and S4.2.1.1 are as follows: (a) Fully latched position. (1) Attach the test fixture shown in Figure 2 to the mounting provisions of the latch and striker. Align the direction of engagement parallel to the linkage of the fixture. Mount the fixture with latch and striker in the fully latched position in the test machine so as to apply a load perpendicular to the face of the latch. (2) Locate weights so as to apply a 900 N load tending to separate the latch and striker in the direction of the latch opening. [[Page 758]] (3) Apply the test load, in the direction specified in S4.1.1.1 and Figure 5, at a rate not to exceed 5 mm/min until the required load has been achieved. Record the maximum load achieved. (b) Secondary Latched Position. (1) Attach the test fixture shown in Figure 2 to the mounting provisions of the latch and striker. Align the direction of engagement parallel to the linkage of the fixture. Mount the fixture with latch and striker in the secondary position in the test machine so as to apply a load perpendicular to the face of the latch. (2) Locate weights so as to apply a 900 N load tending to separate the latch and striker in the direction of the latch opening. (3) Apply the test load, in the direction specified in S4.1.1.1 and Figure 5, at a rate not to exceed 5 mm/min until the required load has been achieved. Record maximum load achieved. (4) The test plate to which the door latch is mounted will have a striker cut-out configuration similar to the environment in which the door latch will be mounted on normal vehicle doors. S5.1.1.2 Load Test Two Force Application. The test procedures for S4.1.1.2 and S4.2.1.2 are as follows: (a) Fully Latched Position. (1) Adapt the test fixture shown in Figure 3 to the mounting provisions of the latch and striker. Mount the fixture with latch and striker in the fully latched position in the test machine so to apply a load in the direction of latch opening. (2) Apply the test load, in the direction specified in S4.1.1.2 and Figure 5, at a rate not to exceed 5 mm/min until the required load has been achieved. Record the maximum load achieved. (b) Secondary Latched Position. (1) Adapt the test fixture shown in Figure 3 to the mounting provisions of the latch and striker. Mount the fixture with latch and striker in the secondary latched position in the test machine so as to apply a load in the direction of latch opening. (2) Apply the test load, in the direction specified in S4.1.1.2 and Figure 5, at a rate not to exceed 5 mm/min until the required load has been achieved. Record the maximum load achieved. S5.1.1.3 Load Test Three Force Application. The test procedures for S4.1.1.3 are as follows: (a) Adapt the test fixture shown in Figure 4 to the mounting provisions of the latch and striker. Mount the fixture with latch and striker in the fully latched position in the test machine so as to apply a load in the direction specified in S4.1.1.3 and Figure 5. (b) Apply the test load, in the direction specified in S4.1.1.3 and Figure 5, at a rate not to exceed 5 mm/min until the required load has been achieved. Record the maximum load required. S5.1.1.4 Inertial Force Application. The test procedures for S4.1.1.4 and S4.2.1.3 are as follows: (a) Calculation. The calculation is performed in accordance with paragraph 6 of SAE Recommended Practice J839 (1991) (incorporated by reference, see Sec. 571.5). (b) Dynamic Test. The dynamic inertial force application is tested according to the setup specified in paragraph (1) or (2) of this section. (1) Test Setup and Directions for Full Vehicle Test. (i) Test Setup. (A) Rigidly secure the full vehicle to an acceleration device that, when accelerated together, will assure that all points on the crash pulse curve are within the corridor defined in Table 1 and Figure 6. (B) Install the equipment used to record door opening (doors may be tethered to avoid damaging the recording equipment). (C) Close the door(s) to be tested and ensure that the door latch(es) is in the fully-latched position, that the door(s) is unlocked, and that all windows, if provided, on the door(s) are closed. (ii) Test Directions. (See Figure 7) (A) Longitudinal Setup 1. Orient the vehicle so that its longitudinal axis is aligned with the axis of the acceleration device, simulating a frontal impact. (B) Longitudinal Setup 2. Orient the vehicle so that its longitudinal axis is aligned with the axis of the acceleration device, simulating a rear impact. (C) Transverse Setup 1. Orient the vehicle so that its transverse axis is [[Page 759]] aligned with the axis of the acceleration device, simulating a left-side impact. (D) Transverse Setup 2. (Only for vehicles having different door arrangements on each side.) Orient the vehicle so that its transverse axis is aligned with the axis of the acceleration device, simulating a side impact in the direction opposite to that described in b(1)(ii)(C) of this paragraph. (2) Test Setup and Directions for Door Test. (i) Test Setup. (A) Mount the door assemblies, consisting of at least the door latch(es), exterior door handle(s) with mechanical latch operation, interior door opening lever(s), and locking device(s), either separately or combined to a test fixture. Each door and striker is mounted to the test fixture to correspond to its orientation on the vehicle and to the directions specified in b(1)(ii) of this paragraph. (B) Mount the test fixture to the acceleration device, and install the equipment used to record door opening. (C) Ensure that the door latch is in the fully-latched position, that the door is unlocked (doors may be tethered to avoid damaging the recording equipment), and that any windows, if provided, are closed. (ii) Test Directions. (See Figure 7) (A) Longitudinal Setup 1. Orient the door subsystem(s) on the acceleration device in the direction of a frontal impact. (B) Longitudinal Setup 2. Orient the door subsystem(s) on the acceleration device in the direction of a rear impact. (C) Transverse Setup 1. Orient the door subsystem(s) on the acceleration device in the direction of a driver-side impact. (D) Transverse Setup 2. Orient the door subsystem(s) on the acceleration device in the direction opposite to that described in (b)(2)(ii)(C) of this paragraph. (E) Vertical Setup 1 (applicable only to back doors that open in a vertical direction). Orient the door subsystem(s) on the acceleration device so that its vertical axis (when mounted in the vehicle) is aligned with the axis of the acceleration device, simulating a rollover impact where the force is applied in the direction from the top to the bottom of the door (when mounted in a vehicle). (F) Vertical Setup 2 (applicable only to back doors that open in a vertical direction). Orient the door subsystem(s) on the acceleration device so that its vertical axis (when mounted in the vehicle) is aligned with the axis of the acceleration device, simulating a rollover impact where the force is applied in the direction opposite to that described in (b)(2)(ii)(E) of this paragraph. (3) Test Operation. (i) The acceleration device platform shall be instrumented with an accelerometer and data processing system that conforms to the requirements specified in SAE Recommended Practice J211-1 DEC2003 (incorporated by reference, see Sec. 571.5) Channel Class 60. The accelerometer sensitive axis is parallel to the direction of test platform travel. (ii) Maintaining a minimum acceleration level of 30 g for a period of at least 30 ms, while keeping the recorded acceleration within the pulse corridor defined in Table 1 and Figure 6, accelerate the acceleration device in the following directions: (A) For Full Vehicle Tests, in the directions specified in S5.1.1.4(b)(1)(ii)(A) through S5.1.1.4(b)(1)(ii)(D). (B) For Door Tests, in the directions specified in S5.1.1.4(b)(2)(ii)(A) through S5.1.1.4(b)(2)(ii)(F). (iii) Check recording device for door opening and/or closure during the test. (iv) If at any point in time, the pulse exceeds 36 g and the test specifications are met, the test shall be considered valid. S5.1.2 Door Hinges. The test procedures for S4.1.2 are as follows: S5.1.2.1 Multiple Hinge Evaluation; S5.1.2.1 Multiple Hinge Evaluation; S5.1.2.1.1 Longitudinal Load Test. (a) Attach the test fixture illustrated in Figure 8 to the mounting provisions of the hinge system. Hinge attitude is configured to simulate vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the distance between the extreme end of one hinge in the system to the extreme end of another hinge in the system is to be [[Page 760]] set at 406 mm 4 mm. The load is to be applied equidistant between the linear center of the engaged portions of the hinge pins and through the centerline of the hinge pin in the longitudinal vehicle direction (see Figure 8). (b) Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Record maximum load achieved. S5.1.2.1.2 Transverse Load Test (a) Attach the test fixture shown in Figure 8 to the mounting provisions of the hinge system. Hinge attitude is configured to simulate vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the distance between the extreme end of one hinge in the system to the extreme opposite end of another hinge in the system is to be set at 406 mm 4 mm. The load is to be applied equidistant between the linear center of the engaged portions of the hinge pins and through the centerline of the hinge pin in the transverse vehicle direction (see Figure 8). (b) Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Record maximum load achieved. S5.1.2.2 Back Door Hinge Load Test (a) Load Test One (1) Attach the test fixture illustrated in Figure 8 to the mounting provisions of the hinge system. Hinge attitude is configured to simulate vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the distance between the extreme end of one hinge system in the system to the extreme opposite end of another hinge system is to be set at 406 4 mm. The load is to be applied equidistant between the linear center of the engaged portions of the hinge pins and through the centerline of the hinge pin, and as specified in S4.1.2.1(d)(1). (See Figure 9). (2) Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Failure consists of a separation of either hinge. Record the maximum load achieved. (b) Load Test Two (1) Attach the test fixture illustrated in Figure 8 to the mounting provisions of the hinge system. Hinge attitude is configured to simulate vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the distance between the extreme end of one hinge system in the system to the extreme opposite end of another hinge system is to be set at 406 4 mm. The load is to be applied equidistant between the linear center of the engaged portions of the hinge pins and through the centerline of the hinge pin, and as specified in S4.1.2.1(d)(2). (See Figure 9). (2) Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Failure consists of a separation of either hinge. Record the maximum load achieved. (c) Load Test Three (1) Attach the test fixture illustrated in Figure 8 to the mounting provisions of the hinge system. Hinge attitude is configured to simulate vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the distance between the extreme end of one hinge system in the system to the extreme opposite end of another hinge system is to be set at 406 4 mm. The load is to be applied through the centerline of the hinge pin, and as specified in S4.1.2.1(d)(3). (See Figure 9). (2) Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Failure consists of a separation of either hinge. Record the maximum load achieved. S5.1.2.3 Single Hinge Evaluation. Individual hinges of a hinge system are tested in accordance with the procedures below: (a) Longitudinal Load. Attach the test fixture illustrated in Figure 8 to the mounting provisions of the hinge. Hinge attitude is configured to simulate the vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the load is to be applied equidistant between the linear center of the engaged portions of the hinge pin and through the centerline of the hinge pin in the longitudinal vehicle direction. Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Failure consists of a separation of either hinge. Record maximum load achieved. (b) Transverse Load. Attach the test fixture illustrated in Figure 8 to the mounting provisions of the hinge. [[Page 761]] Hinge attitude is configured to simulate the vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the load is to be applied equidistant between the linear center of the engaged portions of the hinge pin and through the centerline of the hinge pin in the transverse vehicle direction. Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Failure consists of a separation of either hinge. Record maximum load achieved. (c) Back Door Hinge Load Tests. (1) Load Test One. Attach the test fixture illustrated in Figure 8 to the mounting provisions of the hinge. Hinge attitude is configured to simulate the vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the load is to be applied equidistant between the linear center of the engaged portions of the hinge pin and through the centerline of the hinge pin, and as specified in S4.1.2.1(d)(1). (See Figure 9). Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Failure consists of a separation of either hinge. Record maximum load achieved. (2) Load Test Two. Attach the test fixture illustrated in Figure 8 to the mounting provisions of the hinge. Hinge attitude is configured to simulate the vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the load is to be applied equidistant between the linear center of the engaged portions of the hinge pin and through the centerline of the hinge pin, and as specified in S4.1.2.1(d)(2). (See Figure 9). Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Failure consists of a separation of either hinge. Record maximum load achieved. (3) Load Test Three. Attach the test fixture illustrated in Figure 8 to the mounting provisions of the hinge. Hinge attitude is configured to simulate the vehicle position (door fully closed) relative to the hinge centerline. For test purposes, the load is to be applied through the centerline of the hinge pin, and as specified in S4.1.2.1(d)(3). (See Figure 9). Apply the test load at a rate not to exceed 5 mm/min until the required load has been achieved. Failure consists of a separation of either hinge. Record maximum load achieved. S5.1.2.4 For piano-type hinges, the hinge spacing requirements are not applicable and arrangement of the test fixture is altered so that the test forces are applied to the complete hinge. S5.2 Sliding Side Doors. S5.2.1 Door Latches. S5.2.1.1 Load Test One Force Application. The requirements of S4.2.1.1 are tested in accordance with the procedures specified in S5.1.1.1. S5.2.1.2 Load Test Two Force Application. The requirements of S4.2.1.2 are tested in accordance with the procedures specified in S5.1.1.2. S5.2.1.3 [Reserved] S5.2.1.4 [Reserved] S5.2.2 Door System. The test procedures for S4.2.2 are as follows: S5.2.2.1 Tests are conducted using a full vehicle with the sliding door and its retention components. S5.2.2.1 Tests are conducted using a full vehicle with the sliding door and its retention components. S5.2.2.2 The test is conducted using two force application devices capable of applying the outward transverse forces specified in S5.2.2.4. The test setup is shown in Figure 10. The force application system shall include the following: (a) Two force application plates, (b) Two force application devices capable of applying the outward transverse load requirements for a minimum displacement of 300 mm. (c) Two load cells of sufficient capacity to measure the applied loads specified in S5.2.2.4. (d) Two linear displacement measurement devices required for measuring force application device displacement during the test. (e) Equipment to measure for a 100 mm separation as specified in S4.2.2.2(a), while respecting all relevant safety and health requirements. S5.2.2.3 Test Setup. (a) Remove all interior trim and decorative components from the sliding door assembly. (b) Remove seats and any interior components that may interfere with the mounting and operation of the test [[Page 762]] equipment and all pillar trim and any non-structural components that overlap the door and cause improper placement of the force application plates. (c) Each force application device and associated support structure is rigidly fixed on a horizontal surface on the vehicle floor, while applying the loads. (d) Determine the forward and aft edge of the sliding door, or its adjoining vehicle structure, that contains a latch/striker. (e) Close the sliding door, ensuring that all door retention components are fully engaged. (f) For any tested door edge that contains one latch/striker, the following set-up procedures are used: (1)(i) The force application plate is 150 mm in length, 50 mm in width, and at least 15 mm in thickness. The plate edges are rounded to a radius of 6 mm 1 mm. (ii) The plates are fixed perpendicular to the force application devices and move in the transverse direction. For alignment purposes, each plate is attached to the application device in a manner that allows for rotation about the vehicle's y-axis. In this manner, the face of each plate remains parallel to the vertical plane which passes through the vehicle's longitudinal centerline. (2) Place the force application device and force application plate against the door so that the applied force is perpendicular to the vertical longitudinal plane that passes through the vehicle's longitudinal centerline, and vertically centered on the door-mounted portion of the latch/striker. (3) The force application plate is positioned such that the long edge of the plate is as close to the interior edge of the door as possible, but not such that the forward edge of forward plate and the rear edge of the rear plate are more than 12.5 mm from the respective interior edges. (g) For any tested door edge that contains more than one latch/ striker, the following setup procedures are used: (1)(i) The force application plate is 300 mm in length, 50 mm in width, and at least 15 mm in thickness. The plate edges are rounded to a radius of 6 mm 1 mm. (ii) The plates are fixed perpendicular to the force application devices and move in the transverse direction. For alignment purposes, each plate is attached to the application device in a manner that allows for rotation about the vehicle's y-axis. In this manner, the face of each plate remains parallel to the vertical plane which passes through the vehicle's longitudinal centerline. (2) Place the force application device and force application plate against the door so that the applied force is perpendicular to the vertical longitudinal plane that passes through the vehicle's longitudinal centerline, and vertically centered on a point mid-way between the outermost edges of the latch/striker assemblies. (3) The force application plate is positioned such that the long edge of the plate is as close to the interior edge of the door as possible, but not such that the forward edge of forward plate and the rear edge of the rear plate are more than 12.5 mm from the respective interior edges. (h) For any tested door edge that does not contain at least one latch/striker, the following set-up procedures are used: (1)(i) The force application plate is 300 mm in length, 50 mm in width, and at least 15 mm in thickness. The plate edges are rounded to a radius of 6 mm 1 mm. (ii) The plates are fixed perpendicular to the force application devices and move in the transverse direction. For alignment purposes, each plate is attached to the application device in a manner that allows for rotation about the vehicle's y-axis. In this manner, the face of each plate remains parallel to the vertical plane which passes through the vehicle's longitudinal centerline. (2) Place the force application device and force application plate against the door so that the applied force is perpendicular to the vertical longitudinal plane that passes through the vehicle's longitudinal centerline, and vertically centered on a point mid-way along the length of the door edge ensuring that the loading device avoids contact with the window glazing. [[Page 763]] (3) The force application plate is positioned such that the long edge of the plate is as close to the interior edge of the door as possible, but not such that the forward edge of forward plate and the rear edge of the rear plate are more than 12.5 mm from the respective interior edges. (i) The door is unlocked. No extra fixtures or components may be welded or affixed to the sliding door or any of its components. (j) Place the load application structure so that the force application plates are in contact with the interior of the sliding door. (k) Apply a preload of 500 N to each actuator and ``zero'' the displacement measuring device. S5.2.2.4 Test Procedure. (a) Increase the force on each force application device as linearly as practicable until a force of 9,000 N is achieved on each force application device in not less than 90 seconds and not more than 120 seconds, or until either force application device reaches a total displacement of 300 mm. (b) If one of the force application devices reaches the target force of 9,000 N prior to the other, maintain the 9,000 N force with that force application device until the second force application device reaches the 9,000 N force. (c) Once both force application devices have achieved 9,000 N each hold the resulting load. (d) Maintain each force application device load as specified in paragraph (c) and within 30 seconds measure the separation between the exterior edge of the doorframe and the interior of the door along the perimeter of the door. S5.3 Sliding Side Doors. Compliance with S4.3 shall be demonstrated by applying an outward transverse load of 8,900 Newtons (2,000 pounds) to the load-bearing members at the opposite edges of the door (17,800 Newtons (4,000 pounds) total). The demonstration may be performed either in the vehicle or with the door retention components in a bench test fixture. [[Page 764]] [GRAPHIC] [TIFF OMITTED] TP06FE07.006 [[Page 765]] [GRAPHIC] [TIFF OMITTED] TP06FE07.007 [[Page 766]] [GRAPHIC] [TIFF OMITTED] TP06FE07.008 [[Page 767]] [GRAPHIC] [TIFF OMITTED] TP06FE07.009 [GRAPHIC] [TIFF OMITTED] TP06FE07.010 [[Page 768]] [GRAPHIC] [TIFF OMITTED] TP06FE07.011 [[Page 769]] [GRAPHIC] [TIFF OMITTED] TP06FE07.012 [[Page 770]] [GRAPHIC] [TIFF OMITTED] TR19FE10.004 [[Page 771]] [GRAPHIC] [TIFF OMITTED] TP06FE07.014 [[Page 772]] [GRAPHIC] [TIFF OMITTED] TP06FE07.015 [[Page 773]] [GRAPHIC] [TIFF OMITTED] TP06FE07.016 [36 FR 22902, Dec. 2, 1971, as amended at 37 FR 284, Jan. 8, 1972; 50 FR 12031, Mar. 27, 1985; 60 FR 13646, Mar. 14, 1995; 60 FR 50134, Sept. 28, 1995; 61 FR 39907, July 31, 1996; 72 FR 5399, June 27, 2007; 74 FR 35135, July 20, 2009; 74 FR 37176, July 28, 2009; 75 FR 7382, Feb. 19, 2010; 77 FR 764, Jan. 6, 2012; 87 FR 18588, Mar. 30, 2022] Editorial Note: At 72 FR 5399, June 27, 2007, Sec. 571.206 was amended by adding S.5.3; however, the amendment could not be incorporated because S.5.3 already exists. Sec. 571.207 Standard No. 207; Seating systems. S1. Purpose and scope. This standard establishes requirements for seats, their attachment assemblies, and their installation to minimize the possibility of their failure by forces acting on them as a result of vehicle impact. S2. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks designed to carry at least one person, and buses. S3. Definitions. Occupant seat means a seat that provides at least one designated seating position. Seat adjuster means the part of the seat that provides forward and rearward positioning of the seat bench and back, and/or rotation around a vertical axis, including any fixed portion, such [[Page 774]] as a seat track. In the case of a seat equipped with seat adjusters at different levels, the term means the uppermost seat adjuster. S4. Requirements. S4.1 Driver's seat. Each vehicle with manually operated driving controls shall have a driver's designated seating position. S4.2. General performance requirements. When tested in accordance with S5, each occupant seat shall withstand the following forces, in newtons, except for: a side-facing seat; a passenger seat on a bus other than a school bus; a passenger seat on a school bus with a GVWR greater than 4,536 kilograms (10,000 pounds); and, a passenger seat on a school bus with a GVWR less than or equal to 4,536 kg manufactured before October 21, 2011. (a) In any position to which it can be adjusted--20 times the mass of the seat in kilograms multiplied by 9.8 applied in a forward longitudinal direction; (b) In any position to which it can be adjusted--20 times the mass of the seat in kilograms multiplied by 9.8 applied in a rearward longitudinal direction; (c) For a seat belt assembly attached to the seat--the force specified in paragraph (a), if it is a forward facing seat, or paragraph (b), if it is a rearward facing seat, in each case applied simultaneously with the forces imposed on the seat by the seat belt assembly when it is loaded in accordance with S4.2 of Sec. 571.210; and (d) In its rearmost position--a force that produces a 373 newton meters moment about the seating reference point for each designated seating position that the seat provides, applied to the upper cross- member of the seat back or the upper seat back, in a rearward longitudinal direction for forward-facing seats and in a forward longitudinal direction for rearward-facing seats. S4.2.1 Seat adjustment. Except for vertical movement of nonlocking suspension type occupant seats in trucks or buses, each seat shall remain in its adjusted position when tested in accordance with the test procedures specified in S5. S4.3. Restraining device for hinged or folding seats or seat backs. Except for a passenger seat in a bus or a seat having a back that is adjustable only for the comfort of its occupants, a hinged or folding occupant seat or occupant seat back shall-- (a) Be equipped with a self-locking device for restraining the hinged or folding seat or seat back, and (b) If there are any designated seating positions or auxiliary seating accommodations behind the seat, either immediately to the rear or to the sides, be equipped with a control for releasing that restraining device. S4.3.1 Accessibility of release control. If there is a designated seating position immediately behind a seat equipped with a restraining device, the control for releasing the device shall be readily accessible to the occupant of the seat equipped with the device and, if access to the control is required in order to exit from the vehicle, to the occupant of the designated seating position immediately behind the seat. S4.3.2 Performance of restraining device. S4.3.2.1 Static force. (a) Once engaged, the restraining device for a forward-facing seat shall not release or fail when a forward longitudinal force, in newtons, equal to 20 times the mass of the hinged or folding portion of the seat in kilograms multiplied by 9.8 is applied through the center of gravity of that portion of the seat. (b) Once engaged, the restraining device for a rearward-facing seat shall not release or fail when a rearward longitudinal force, in newtons, equal to 8 times the mass of the hinged or folding portion of the seat in kilograms multiplied by 9.8 is applied through the center of gravity of that portion of the seat. S4.3.2.2 Acceleration. Once engaged, the restraining device shall not release or fail when the device is subjected to an acceleration of 20 g., in the longitudinal direction opposite to that in which the seat folds. S4.4 Labeling. Seats not designated for occupancy while the vehicle is in motion shall be conspicuously labeled to that effect. S5. Test procedures. S5.1 Apply the forces specified in S4.2(a) and S4.2(b) as follows: S5.1.1 For a seat whose seat back and seat bench are attached to the vehicle by the same attachments. (a) For a seat [[Page 775]] whose seat back and seat bench are attached to the vehicle by the same attachments and whose height is adjustable, the loads are applied when the seat is in its highest adjustment position in accordance with the procedure or procedures specified in S5.1.1(a)(1), S5.1.1(a)(2), or S5.1.1(a)(3), as appropriate. (1) For a seat whose center of gravity is in a horizontal plane that is above the seat adjuster or that passes through any part of the adjuster, use, at the manufacturer's option, either S5.1.1(b) or, if physically possible, S5.1.1(c). (2) For a seat specified in S5.1.1(a)(1) for which it is not physically possible to follow the procedure in S5.1.1(c), use S5.1.1(b). (3) For a seat whose center of gravity is in a horizontal plane that is below the seat adjuster, use S5.1.1(c). (4) For all other seats whose seat back and seat bench are attached to the vehicle by the same attachments, use S5.1.1(b). (b) Secure a strut on each side of the seat from a point on the outside of the seat frame in the horizontal plane of the seat's center of gravity to a point on the frame as far forward as possible of the seat anchorages. Between the upper ends of the struts attach a rigid cross-member, in front of the seat back frame for rearward loading and behind the seat back frame for forward loading. Apply the force specified by S4.2(a) or S4.2(b) horizontally through the rigid cross- member as shown in Figure 1. (c) Find ``cg1,'' the center of gravity of the portion of the seat that is above the lowest surface of the seat adjuster. On each side of the seat, secure a strut from a point on the outside of the seat frame in the horizontal plane of cg1 to a point on the frame as far forward as possible of the seat adjusted position. Between the upper ends of the struts attach a rigid cross-member, in front of the seat back frame for rearward loading and behind the seat back frame for forward loading. Find ``cg2,'' the center of gravity of the portion of the seat that is below the seat adjuster. Apply a force horizontally through cg1 equal to 20 times the weight of the portion of the seat represented by cg1, and simultaneously apply a force horizontally through cg2 equal to 20 times the weight of the portion of the seat represented by cg2. S5.1.2 If the seat back and the seat bench are attached to the vehicle by different attachments, attach to each component a fixture capable of transmitting a force to that component. Apply forces, in newtons, equal to 20 times the mass of the seat back in kilograms multiplied by 9.8 m/s\2\ horizontally through the center of gravity of the seat back, as shown in Figure 2 and apply forces, in newtons, equal to 20 times the mass of the seat bench in kilograms multiplied by 9.8 m/ s\2\ horizontally through the center of gravity of the seat bench, as shown in Figure 3. S5.2 Develop the moment specified in S4.2(d) as shown in Figure 4. S5.3 Apply the forces specified in S4.3.2.1(a) and (b) to a hinged or folding seat as shown in Figure 1 and to a hinged or folding seat back as shown in Figure 5. S5.4 Determine the center of gravity of a seat or seat component with all cushions and upholstery in place and with the head restraint in its fully extended design position. [[Page 776]] [GRAPHIC] [TIFF OMITTED] TC01AU91.078 [GRAPHIC] [TIFF OMITTED] TC01AU91.079 [[Page 777]] [GRAPHIC] [TIFF OMITTED] TC01AU91.080 [GRAPHIC] [TIFF OMITTED] TC01AU91.081 [36 FR 22902, Dec. 2, 1971, as amended at 52 FR 7868, Mar. 13, 1987; 53 FR 30434, Aug. 12, 1988; 59 FR 37167, July 21, 1994; 60 FR 13647, Mar. 14, 1995; 63 FR 28935, May 27, 1998; 73 FR 62779, Oct. 21, 2008; 87 FR 18588, Mar. 30, 2022] [[Page 778]] Sec. 571.208 Standard No. 208; Occupant crash protection. S1. Scope. This standard specifies performance requirements for the protection of vehicle occupants in crashes. S2. Purpose. The purpose of this standard is to reduce the number of deaths of vehicle occupants, and the severity of injuries, by specifying vehicle crashworthiness requirements in terms of forces and accelerations measured on anthropomorphic dummies in test crashes, and by specifying equipment requirements for active and passive restraint systems. S3. Application. (a) This standard applies to passenger cars, multipurpose passenger vehicles, trucks designed to carry at least one person, and buses. In addition, S9, Pressure vessels and explosive devices, applies to vessels designed to contain a pressurized fluid or gas, and to explosive devices, for use in the above types of motor vehicles as part of a system designed to provide protection to occupants in the event of a crash. (b) Notwithstanding any language to the contrary, any vehicle manufactured after March 19, 1997, and before September 1, 2006, that is subject to a dynamic crash test requirement conducted with unbelted dummies may meet the requirements specified in S5.1.2(a)(1), S5.1.2(a)(2), or S13 instead of the applicable unbelted requirement, unless the vehicle is certified to meet the requirements specified in S14.5, S15, S17, S19, S21, S23, and S25. (c) For vehicles which are certified to meet the requirements specified in S13 instead of the otherwise applicable dynamic crash test requirement conducted with unbelted dummies, compliance with S13 shall, for purposes of Standards No. 201, 203 and 209, be deemed as compliance with the unbelted frontal barrier requirements of S5.1.2. S4. General requirements. S4.1 Passenger cars. S4.1.1 Passenger cars manufactured from January 1, 1972, to August 31, 1973. Each passenger car manufactured from January 1, 1972, to August 31, 1973, inclusive, shall meet the requirements of S4.1.1.1, S4.1.1.2, or S4.1.1.3. A protection system that meets the requirements of S4.1.1.1, or S4.1.1.2 may be installed at one or more designated seating positions of a vehicle that otherwise meets the requirements of S4.1.1.3. S4.1.1.1 First option--complete passive protection system. The vehicle shall meet the crash protection requirements of S5. by means that require no action by vehicle occupants. S4.1.1.2 Second option--lap belt protection system with belt warning. The vehicle shall-- (a) At each designated seating position have a Type 1 seatbelt assembly or a Type 2 seatbelt assembly with a detachable upper torso portion that conforms to S7.1 and S7.2 of this standard; (b) At each front outboard designated seating position, have a seat belt warning system that conforms to S7.3; and (c) Meet the frontal crash protection requirements of S5.1, in a perpendicular impact, with respect to anthropomorphic test devices in each front outboard designated seating position restrained only by Type 1 seat belt assemblies. S4.1.1.3 Third option--lap and shoulder belt protection system with belt warning. S4.1.1.3.1 Except for convertibles and open-body vehicles, the vehicle shall-- (a) At each front outboard designated seating position have a Type 2 seatbelt assembly that conforms to Sec. 571.209 and S7.1 and S7.2 of this standard, with either an integral or detachable upper torso portion, and a seatbelt warning system that conforms to S7.3; (b) At each designated seating position other than the front outboard positions, have a Type 1 or Type 2 seat belt assembly that conforms to Sec. 571.209 and to S7.1 and S7.2 of this standard; and (c) When it perpendicularly impacts a fixed collision barrier, while moving longitudinally forward at any speed up to and including 30 m.p.h., under the test conditions of S8.1 with anthropomorphic test devices at each front outboard position restrained by Type 2 seatbelt assemblies, experience no complete separation of any load-bearing element of a seatbelt assembly or anchorage. S4.1.1.3.2 Convertibles and open-body type vehicles shall at each designated seating position have a Type 1 [[Page 779]] or Type 2 seatbelt assembly that conforms to Sec. 571.209 and to S7.1 and S7.2 of this standard, and at each front outboard designated seating position have a seatbelt warning system that conforms to S7.3. S4.1.2 Passenger cars manufactured on or after September 1, 1973, and before September 1, 1986. Each passenger car manufactured on or after September 1, 1973, and before September 1, 1986, shall meet the requirements of S4.1.2.1, S4.1.2.2 or S4.1.2.3. A protection system that meets the requirements of S4.1.2.1 or S4.1.2.2 may be installed at one or more designated seating positions of a vehicle that otherwise meets the requirements of S4.1.2.3. S4.1.2.1 First option--frontal/angular automatic protection system. The vehicle shall: (a) At each front outboard designated seating position meet the frontal crash protection requirements of S5.1 by means that require no action by vehicle occupants; (b) At the front center designated seating position and at each rear designated seating position have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 and to S7.1 and S7.2; and (c) Either. (1) Meet the lateral crash protection requirements of S5.2 and the rollover crash protection requirements of S5.3 by means that require no action by vehicle occupants; or (2) At each front outboard designated seating position have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 and S7.1 through S7.3, and that meets the requirements of S5.1 with front test dummies as required by S5.1, restrained by the Type 1 or Type 2 seat belt assembly (or the pelvic portion of any Type 2 seat belt assembly which has a detachable upper torso belt) in addition to the means that require no action by the vehicle occupant. S4.1.2.2 Second option--head-on automatic protection system. The vehicle shall-- (a) At each designated seating position have a Type 1 seat belt assembly or Type 2 seat belt assembly with a detachable upper torso portion that conforms to S7.1 and S7.2 of this standard. (b) At each front outboard designated seating position, meet the frontal crash protection requirements of S5.1, in a perpendicular impact, by means that require no action by vehicle occupants; (c) At each front outboard designated seating position, meet the frontal crash protection requirements of S5.1, in a perpendicular impact, with a test device restrained by a Type 1 seat belt assembly; and (d) At each front outboard designated seating position, have a seat belt warning system that conforms to S7.3. S4.1.2.3 Third option--lap and shoulder belt protection system with belt warning. S4.1.2.3.1 Except for convertibles and open-body vehicles, the vehicle shall-- (a) At each front outboard designated seating position have a seat belt assembly that conforms to S7.1 and S7.2 of this standard, and a seat belt warning system that conforms to S7.3. The belt assembly shall be either a Type 2 seat belt assembly with a nondetachable shoulder belt that conforms to Standard No. 209 (Sec. 571.209), or a Type 1 seat belt assembly such that with a test device restrained by the assembly the vehicle meets the frontal crash protection requirements of S5.1 in a perpendicular impact. (b) At any center front designated seating position, have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 (Sec. 571.209) and to S7.1 and S7.2 of this standard, and a seat belt warning system that conforms to S7.3; and (c) At each other designated seating position, have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 (Sec. 571.209) and S7.1 and S7.2 of this standard. S4.1.2.3.2 Convertibles and open-body type vehicles shall at each designated seating position have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 (Sec. 571.209) and to S7.1 and S7.2 of this standard, and at each front designated seating position have a seat belt warning system that conforms to S7.3. S4.1.3 Passenger cars manufactured on or after September 1, 1986, and before September 1, 1989. [[Page 780]] S4.1.3.1 Passenger cars manufactured on or after September 1, 1986, and before September 1, 1987. S4.1.3.1.1 Subject to S4.1.3.1.2 and S4.1.3.4, each passenger car manufactured on or after September 1, 1986, and before September 1, 1987, shall comply with the requirements of S4.1.2.1, S4.1.2.2 or S4.1.2.3. A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. S4.1.3.1.2 Subject to S4.1.3.4 and S4.1.5, the amount of passenger cars, specified in S4.1.3.1.1 complying with the requirements of S4.1.2.1 shall be not less than 10 percent of: (a) The average annual production of passenger cars manufactured on or after September 1, 1983, and before September 1, 1986, by each manufacturer, or (b) The manufacturer's annual production of passenger cars during the period specified in S4.1.3.1.1. S4.1.3.1.3 A manufacturer may exclude convertibles which do not comply with the requirements of S4.1.2.1, when it is calculating its average annual production under S4.1.3.1.2(a) or its annual production under S4.1.3.1.2(b). S4.1.3.2 Passenger cars manufactured on or after September 1, 1987, and before September 1, 1988. S4.1.3.2.1 Subject to S4.1.3.2.2 and S4.1.3.4, each passenger car manufactured on or after September 1, 1987, and before September 1, 1988, shall comply with the requirements of S4.1.2.1, S4.1.2.2 or S4.1.2.3. A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. S4.1.3.2.2 Subject to S4.1.3.4 and S4.1.5, the amount of passenger cars specified in S4.1.3.2.1 complying with the requirements of S4.1.2.1. shall be not less than 25 percent of: (a) The average annual production of passenger cars manufactured on or after September 1, 1984, and before September 1, 1987, by each manufacturer, or (b) The manufacturer's annual production of passenger cars during the period specified in S4.1.3.2.1. S4.1.3.2.3 A manufacturer may exclude convertibles which do not comply with the requirements of S4.1.2.1, when it is calculating its average annual production under S4.1.3.2.2(a) or its annual production under S4.1.3.2.2(b). S4.1.3.3 Passenger cars manufactured on or after September 1, 1988, and before September 1, 1989. S4.1.3.3.1 Subject to S4.1.3.3.2 and S4.1.3.4, each passenger car manufactured on or after September 1, 1988, and before September 1, 1989, shall comply with the requirements of S4.1.2.1, S4.1.2.2 or S4.1.2.3. A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. S4.1.3.3.2 Subject to S4.1.3.4 and S4.1.5, the amount of passenger cars specified in S4.1.3.3.1 complying with the requirements of S4.1.2.1 shall be not less than 40 percent of: (a) The average annual production of passenger cars manufactured on or after September 1, 1985, and before September 1, 1988, by each manufacturer or (b) The manufacturer's annual production of passenger cars during the period specified in S4.1.3.3.1. S4.1.3.3.3 A manufacturer may exclude convertibles which do not comply with the requirements of S4.1.2.1, when it is calculating its average annual production under S4.1.3.3.2(a) or its annual production under S4.1.3.3.2(b). S4.1.3.4 Calculation of complying passenger cars. (a) For the purposes of calculating the numbers of cars manufactured under S4.1.3.1.2, S4.1.3.2.2, or S4.1.3.3.2 to comply with S4.1.2.1: (1) Each car whose driver's seating position complies with the requirements of S4.1.2.1(a) by means not including any type of seat belt and whose front right seating position will comply with the requirements of S4.1.2.1(a) by any means is counted as 1.5 vehicles, and (2) Each car whose driver's seating position complies with the requirements of S4.1.2.1(a) by means not including any type of seat belt and whose [[Page 781]] right front seat seating position is equipped with a manual Type 2 seat belt is counted as one vehicle. (b) For the purposes of complying with S4.1.3.1.2, a passenger car may be counted if it: (1) Is manufactured on or after September 1, 1985, but before September 1, 1986, and (2) Complies with S4.1.2.1. (c) For the purposes of complying with S4.1.3.2.2, a passenger car may be counted if it: (1) Is manufactured on or after September 1, 1985, but before September 1, 1987, (2) Complies with S4.1.2.1, and (3) Is not counted toward compliance with S4.1.3.1.2 (d) For the purposes of complying with S4.1.3.3.2, a passenger car may be counted if it: (1) Is manufactured on or after September 1, 1985, but before September 1, 1988, (2) Complies with S4.1.2.1, and (3) Is not counted toward compliance with S4.1.3.1.2 or S4.1.3.2.2. S4.1.3.5 Passenger cars produced by more than one manufacturer. S4.1.3.5.1 For the purposes of calculating average annual production of passenger cars for each manufacturer and the amount of passenger cars manufactured by each manufacturer under S4.1.3.1.2, S4.1.3.2.2 or S4.1.3.3.2, a passenger car produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S4.1.3.5.2: (a) A passenger car which is imported shall be attributed to the importer. (b) A passenger car manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer which markets the vehicle. S4.1.3.5.2 A passenger car produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S4.1.3.5.1. S4.1.4 Passenger cars manufactured on or after September 1, 1989, but before September 1, 1996. S4.1.4.1 Except as provided in S4.1.4.2, each passenger car manufactured on or after September 1, 1989 shall comply with the requirements of S4.1.2.1. Any passenger car manufactured on or after September 1, 1989 and before September 1, 1993 whose driver's designated seating position complies with the requirements of S4.1.2.1(a) by means not including any type of seat belt and whose right front designated seating position is equipped with a manual Type 2 seat belt so that the seating position complies with the occupant crash protection requirements of S5.1, with the Type 2 seat belt assembly adjusted in accordance with S7.4.2, shall be counted as a vehicle complying with S4.1.2.1. A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not know in the exercise of due care that such vehicle is not in conformity with this standard. S4.1.4.2 (a) Each passenger car, other than a convertible, manufactured before December 11, 1989 may be equipped with, and each passenger car, other than a convertible, manufactured on or after December 11, 1989 and before September 1, 1990 shall be equipped with a Type 2 seat belt assembly at every forward-facing rear outboard designated seating position. Type 2 seat belt assemblies installed pursuant to this provision shall comply with Standard No. 209 (49 CFR 571.209) and with S7.1.1 of this standard. (b) Except as provided in S4.1.4.2.1 and S4.1.4.2.2, each passenger car, other than a convertible, manufactured on or after September 1, 1990 and each convertible passenger car manufactured on or after September 1, 1991 shall be equipped with an integral Type 2 seat belt assembly at every forward-facing rear outboard designated seating position. Type 2 seat belt assemblies installed in compliance with this requirement shall comply with Standard No. 209 (49 CFR 571.209) and with S7.1 an S7.2 of this standard. If a Type 2 seat belt assembly installed in compliance with this requirement incorporates any webbing tension- relieving device, the vehicle owner's manual shall include [[Page 782]] the information specified in S7.4.2(b) of this standard for the tension relieving device, and the vehicle shall comply with S7.4.2(c) of this standard. (c) As used in this section, ``rear outboard designated seating position'' means any ``outboard designated seating position'' (as that term is defined at 49 CFR 571.3) that is rearward of the front seat(s), except any designated seating position adjacent to a walkway that is located between the seat and the near side of the vehicle and is designed to allow access to more rearward seating positions. S4.1.4.2.1 Any rear outboard designated seating position with a seat that can be adjusted to be forward-facing and to face some other direction shall either: (i) Meet the requirements of S4.1.4.2 with the seat in any position in which it can be occupied while the vehicle is in motion; or (ii) When the seat is in its forward-facing position, have a Type 2 seat belt assembly with an upper torso restraint that conforms to S7.1 and S7.2 of this standard and that adjusts by means of an emergency locking retractor that conforms with Standard No. 209 (49 CFR 571.209), which upper torso restraint may be detachable at the buckle, and, when the seat is in any position in which it can be occupied while the vehicle is in motion, have a Type 1 seat belt or the pelvic portion of a Type 2 seat belt assembly that conforms to S7.1 and S7.2 of this standard. S4.1.4.2.2 Any rear outboard designated seating position on a readily removable seat (that is, a seat designed to be easily removed and replaced by means installed by the manufacturer for that purpose) in a vehicle manufactured on or after September 1, 1992 shall meet the requirements of S4.1.4.2 and may use an upper torso belt that detaches at either its upper or lower anchorage points, but not both anchorage points, to meet those requirements. The means for detaching the upper torso belt may use a pushbutton action. S4.1.5 Passenger cars manufactured on or after September 1, 1996. S4.1.5.1 Frontal/angular automatic protection system. (a) Each passenger car manufactured on or after September 1, 1996 shall: (1) At each front outboard designated seating position meet the frontal crash protection requirements of S5.1 by means that require no action by vehicle occupants; (2) At any front designated seating positions that are not ``outboard designated seating positions,'' as that term is defined at 49 CFR 571.3, and at any rear designated seating positions that are not ``rear outboard designated seating positions,'' as that term is defined at S4.1.4.2(c) of this standard, have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 and S7.1 and S7.2 of this standard; and (3) At each front designated seating position that is an ``outboard designated seating position,'' as that term is defined at 49 CFR 571.3, and at each forward-facing rear designated seating position that is a ``rear outboard designated seating positions,'' as that term is defined at S4.1.4.2(c) of this standard, have a Type 2 seat belt assembly that conforms to Standard No. 209 and S7.1 through S7.3 of this standard, and, in the case of the Type 2 seat belt assemblies installed at the front outboard designated seating positions, meet the frontal crash protection requirements with the appropriate anthropomorphic test dummy restrained by the Type 2 seat belt assembly in addition to the means that requires no action by the vehicle occupant. (b) For the purposes of sections S4.1.5 through S4.1.5.3 and S4.2.6 through S4.2.6.2 of this standard, an inflatable restraint system means an air bag that is activated in a crash. S4.1.5.2 Passenger cars manufactured on or after September 1, 1996 and before September 1, 1997. S4.1.5.2.1 The amount of passenger cars complying with the requirement of S4.1.5.1(a)(1) by means of an inflatable restraint system at the driver's and right front passenger's position shall be not less than 95 percent of the manufacturer's total production of passenger cars manufactured on or after September 1, 1996, and before September 1, 1997. A vehicle shall not be deemed to be in noncompliance with [[Page 783]] this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. S4.1.5.2.2 Passenger cars produced by more than one manufacturer. S4.1.5.2.2.1 For the purpose of calculating the production of passenger cars by each manufacturer during the period specified in S4.1.5.2, a passenger car produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S4.1.5.2.2.2: (a) A passenger car that is imported into the United States shall be attributed to the importer. (b) A passenger car manufactured within the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S4.1.5.2.2.2 A passenger car produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers, as specified in an express written contract, reported to the National Highway Traffic Safety Administration pursuant to part 585 of this chapter, between the manufacturer so specified and the manufacturer to which the vehicle otherwise would be attributed, pursuant to S4.1.5.2.2.1. S4.1.5.3 Passenger cars manufactured on or after September 1, 1997. Each passenger car manufactured on or after September 1, 1997 shall comply with the requirement of S4.1.5.1(a)(1) by means of an inflatable restraint system at the driver's and right front passenger's position. A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. S4.1.5.4 Passenger cars certified to S14. Each passenger car certified to S14 shall, at each front outboard designated seating position, meet the applicable frontal crash protection requirements of S5.1.2(b) by means of an inflatable restraint system that requires no action by vehicle occupants. S4.1.5.5 Passenger cars manufactured on or after September 1, 2007. S4.1.5.5.1 Except as provided in S4.1.5.5.2, each passenger car shall have a Type 2 seat belt assembly that conforms to Standard No. 209 and to S7.1 and S7.2 of this standard at each rear designated seating position, except that side-facing designated seating positions shall have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 and to S7.1 and S7.2 of this standard. S4.1.5.5.2 Any inboard designated seating position on a seat for which the entire seat back can be folded (including the head restraints and any other part of the vehicle attached to the seat back) such that no part of the seat back extends above a horizontal plane located 250 mm above the highest SRP located on the seat may meet the requirements of S4.1.5.5.1 by use of a belt incorporating a release mechanism that detaches both the lap and shoulder portion at either the upper or lower anchorage point, but not both. The means of detachment shall be a key or key-like object. S4.1.5.6 Inboard designated seating positions in passenger cars without manually operated driving controls. S4.1.5.6.1 For vehicles specified in S4.1.5.6 with no outboard designated seating positions and with a single front inboard designated seating position, the vehicle shall at that position meet the requirements of S4.1.5.6.3 and S4.1.5.6.4. The above specified vehicles with multiple front inboard designated seating position shall at one inboard position meet the requirements S4.1.5.6.3 and S4.1.5.6.4 and at all other inboard positions meet the requirements of S4.1.5.6.6. S4.1.5.6.2 For vehicles specified in S4.1.5.6 with only one outboard designated seating position and a single front inboard designated seating position, the vehicle shall at that position meet the requirements of S4.1.5.6.3 and S4.1.5.6.4. The above specified vehicles with multiple front inboard designated seating position shall at one inboard position meet the requirements of S4.1.5.6.3 and S4.1.5.6.4 and at all other inboard positions meet the requirements of S4.1.5.6.5. S4.1.5.6.3 As specified in S4.1.5.6.1 and S4.1.5.6.2, the vehicles shall meet [[Page 784]] the frontal crash protection requirements of S5.1.2(b) as specified for front outboard passenger designated seating positions by means of an inflatable restraint system that requires no action by vehicle occupants and the requirements of S14, as specified for front outboard passenger designated seating positions. S4.1.5.6.4 As specified in S4.1.5.6.1 and S4.1.5.6.2, the designated seating positions have a Type 2 seat belt assembly that conforms to Standard No. 209 and S7.1 through S7.3 of this standard, as specified for front outboard passenger designated seating positions. S4.1.5.6.5 As specified in S4.1.5.6.1 and S4.1.5.6.2, as appropriate, have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 and S7.1 through S7.3 of this standard. S4.1.5.6.6 As specified in S4.1.5.6.1 and S4.1.5.6.2, as appropriate, have a Type 2 seat belt assembly that conforms to Standard No. 209 and S7.1 through S7.3 of this standard, as specified for front outboard passenger designated seating positions. S4.2 Trucks and multipurpose passenger vehicles with a GVWR of 10,000 pounds or less. As used in this section, vehicles manufactured for operation by persons with disabilities means vehicles that incorporate a level change device (e.g., a wheelchair lift or a ramp) for onloading or offloading an occupant in a wheelchair, an interior element of design intended to provide the vertical clearance necessary to permit a person in a wheelchair to move between the lift or ramp and the driver's position or to occupy that position, and either an adaptive control or special driver's seating accommodation to enable persons who have limited use of their arms or legs to operate a vehicle. For purposes of this definition, special driver's seating accommodations include a driver's seat easily removable with means installed for that purpose or with simple tools, or a driver's seat with extended adjustment capability to allow a person to easily transfer from a wheelchair to the driver's seat. S4.2.1 Trucks and multipurpose passenger vehicles with a GVWR of 10,000 pounds or less, manufactured on or after January 1, 1976 and before September 1, 1991. Each truck and multipurpose passenger vehicle, with a gross vehicle weight rating of 10,000 pounds or less, manufactured before September 1, 1991, shall meet the requirements of S4.1.2.1, or at the option of the manufacturer, S4.1.2.2 or S4.1.2.3 (as specified for passenger cars), except that forward control vehicles manufactured prior to September 1, 1981, convertibles, open-body type vehicles, walk-in van-type trucks, motor homes, vehicles designed to be exclusively sold to the U.S. Postal Service, and vehicles carrying chassis-mount campers may instead meet the requirements of S4.2.1.1 or S4.2.1.2. S4.2.1.1 First option--complete automatic protection system. The vehicle shall meet the crash protection requirements of S5 by means that require no action by vehicle occupants. S4.2.1.2 Second option--belt system. The vehicle shall have seat belt assemblies that conform to Standard 209 (49 CFR 571.209) installed as follows: (a) A Type 1 or Type 2 seat belt assembly shall be installed for each designated seating position in convertibles, open-body type vehicles, and walk-in van-type trucks. (b) In vehicles manufactured for operation by persons with disabilities, a Type 2 or Type 2A seat belt assembly shall be installed for the driver's seating position, a Type 2 seat belt assembly shall be installed for each other outboard designated seating position that includes the windshield header within the head impact area, and a Type 1 or Type 2 seat belt assembly shall be installed for each other designated seating position. (c) In all vehicles except those for which requirements are specified in S4.2.1.2 (a) or (b), a Type 2 seat belt assembly shall be installed for each outboard designated seating position that includes the windshield header within the head impact area, and a Type 1 or Type 2 seat belt assembly shall be installed for each other designated seating position. S4.2.2 Trucks and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less, manufactured on or after September 1, 1991 and before September 1, 1997. Except as provided in S4.2.4, each truck and multipurpose passenger vehicle, with a gross [[Page 785]] vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less, manufactured on or after September 1, 1991 and before September 1, 1997, shall meet the requirements of S4.1.2.1, or at the option of the manufacturer, S4.1.2.2 or S4.1.2.3 (as specified for passenger cars), except that convertibles, open-body type vehicles, walk-in van-type trucks, motor homes, vehicles designed to be exclusively sold to the U.S. Postal Service, vehicles carrying chassis- mount campers, and vehicles manufactured for operation by persons with disabilities may instead meet the requirements of S4.2.1.1 or S4.2.1.2. Each Type 2 seat belt assembly installed in a front outboard designated seating position in accordance with S4.1.2.3 shall meet the requirements of S4.6. S4.2.3 Trucks and multipurpose passenger vehicles manufactured on or after September 1, 1991 with either a GVWR or more than 8,500 pounds but not greater than 10,000 pounds or with an unloaded vehicle weight greater than 5,500 pounds and a GVWR of 10,000 pounds or less. Except as provided in S4.2.4, each truck and multipurpose passenger vehicle manufactured on or after September 1, 1991, that has either a gross vehicle weight rating which is greater than 8,500 pounds, but not greater than 10,000 pounds, or has an unloaded vehicle weight greater than 5,500 pounds and a GVWR of 10,000 pounds or less, shall meet the requirements of S4.1.2.1, or at the option of the manufacturer, S4.1.2.2 or S4.1.2.3 (as specified for passenger cars), except that convertibles, open-body type vehicles, walk-in van-type trucks, motor homes, vehicles designed to be exclusively sold to the U.S. Postal Service, and vehicles carrying chassis-mount campers may instead meet the requirements of S4.2.1.1 or S4.2.1.2. S4.2.4 Rear outboard seating positions in trucks and multipurpose passenger vehicles manufactured on or after September 1, 1991 with a GVWR of 10,000 pounds or less. Except as provided in S4.2.4.2 and S4.2.4.3, each truck and each multipurpose passenger vehicle, other than a motor home, manufactured on or after September 1, 1991 that has a gross vehicle weight rating of 10,000 pounds or less shall be equipped with an integral Type 2 seat belt assembly at every forward-facing rear outboard designated seating position. Type 2 seat belt assemblies installed in compliance with this requirement shall comply with Standard No. 209 (49 CFR 571.209) and with S7.1 and S7.2 of this standard. If a Type 2 seat belt assembly installed in compliance with this requirement incorporates any webbing tension-relieving device, the vehicle owner's manual shall include the information specified in S7.4.2(b) of this standard for the tension relieving device, and the vehicle shall comply with S7.4.2(c) of this standard. S4.2.4.1 As used in this section-- (a) [Reserved] (b) Rear outboard designated seating position means any ``outboard designated seating position'' (as that term is defined at 49 CFR 571.3) that is rearward of the front seat(s), except any designated seating positions adjacent to a walkway located between the seat and the side of the vehicle, which walkway is designed to allow access to more rearward seating positions. S4.2.4.2 Any rear outboard designated seating position with a seat that can be adjusted to be forward-facing and to face some other direction shall either: (i) Meet the requirements of S4.2.4 with the seat in any position in which it can be occupied while the vehicle is in motion; or (ii) When the seat is in its forward-facing position, have a Type 2 seat belt assembly with an upper torso restraint that conforms to S7.1 and S7.2 of this standard and that adjusts by means of an emergency locking retractor that conforms with Standard No. 209 (49 CFR 571.209), which upper torso restraint may be detachable at the buckle, and, when the seat is in any position in which it can be occupied while the vehicle is in motion, have a Type 1 seat belt or the pelvic portion of a Type 2 seat belt assembly that conforms to S7.1 and S7.2 of this standard. S4.2.4.3 Any rear outboard designated seating position on a readily removable seat (that is, a seat designed to be easily removed and replaced by means installed by the manufacturer for that purpose) in a vehicle manufactured on or after September 1, 1992 shall meet [[Page 786]] the requirements of S4.2.4 and may use an upper torso belt that detaches at either its upper or lower anchorage point, but not both anchorage points, to meet those requirements. The means for detaching the upper torso belt may use a pushbutton action. S4.2.5 Trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1994, and before September 1, 1997. S4.2.5.1 Trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1994, and before September 1, 1995. S4.2.5.1.1 Subject to S4.2.5.1.2 and S4.2.5.5 and except as provided in S4.2.4, each truck, bus and multipurpose passenger vehicle, other than walk-in van-type trucks, vehicles designed to be exclusively sold to the U.S. Postal Service, and vehicles manufactured for operation by persons with disabilities, with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less that is manufactured on or after September 1, 1994 and before September 1, 1995, shall comply with the requirements of S4.1.2.1, S4.1.2.2, or S4.1.2.3 (as specified for passenger cars). A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of standard. S4.2.5.1.2 Subject to S4.2.5.5, the amount of trucks, buses, and multipurpose passenger vehicles specified in S4.2.5.1.1 complying with S4.1.2.1 (as specified for passenger cars) shall be not less than 20 percent of: (a) The average annual production of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1991, and before September 1, 1994, by each manufacturer that produced such vehicles during each of those annual production periods, or (b) The manufacturer's total production of trucks, buses, and multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less during the period specified in S4.2.5.1.1. S4.2.5.2 Trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1995 and before September 1, 1996. S4.2.5.2.1 Subject to S4.2.5.2.2 and S4.2.5.5 and except as provided in S4.2.4, each truck, bus, and multipurpose passenger vehicle, other than walk-in van-type trucks, vehicles designed to be exclusively sold to the U.S. Postal Service, and vehicles manufactured for operation by persons with disabilities, with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less that is manufactured on or after September 1, 1995 and before September 1, 1996, shall comply with the requirements of S4.1.2.1, S4.1.2.2, or S4.1.2.3 (as specified for passenger cars). A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. S4.2.5.2.2 Subject to S4.2.5.5, the amount of trucks, buses, and multipurpose passenger vehicles specified in S4.2.5.2.1 complying with S4.1.2.1 (as specified for passenger cars) shall be not less than 50 percent of: (a) The average annual production of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1992, and before September 1, 1995, by each manufacturer that produced such vehicles during each of those annual production periods, or (b) The manufacturer's total production of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less during the period specified in S4.2.5.2.1. S4.2.5.3 Trucks, buses, and multipurpose passenger vehicles with a GVWR of [[Page 787]] 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1996 and before September 1, 1997. S4.2.5.3.1 Subject to S4.2.5.3.2 and S4.2.5.5 and except as provided in S4.2.4, each truck, bus, and multipurpose passenger vehicle, other than walk-in van-type trucks, vehicles designed to be exclusively sold to the U.S. Postal Service, and vehicles manufactured for operation by persons with disabilities, with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less that is manufactured on or after September 1, 1996 and before September 1, 1997, shall comply with the requirements of S4.1.2.1, S4.1.2.2, or S4.1.2.3 (as specified for passenger cars). A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. S4.2.5.3.2 Subject to S4.2.5.5, the amount of trucks, buses, and multipurpose passenger vehicles specified in S4.2.5.3.1 complying with S4.1.2.1 (as specified for passenger cars) shall be not less than 90 percent of: (a) The average annual production of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1993, and before September 1, 1996, by each manufacturer that produced such vehicles during each of those annual production periods, or (b) The manufacturer's total production of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less during the period specified in S4.2.5.3.1. S4.2.5.4 Alternative phase-in schedule. A manufacturer may, at its option, comply with the requirements of this section instead of complying with the requirements set forth in S4.2.5.1, S4.2.5.2, and S4.2.5.3. (a) Except as provided in S4.2.4, each truck, bus, and multipurpose passenger vehicle, other than walk-in van-type trucks, vehicles designed to be exclusively sold to the U.S. Postal Service, and vehicles manufactured for operation by persons with disabilities, with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less that is manufactured on or after September 1, 1994 and before September 1, 1995 shall comply with the requirements of S4.1.2.1, S4.1.2.2, or S4.1.2.3 (as specified for passenger cars). (b) Except as provided in S4.2.4, each truck, bus, and multipurpose passenger vehicle, other than walk-in van-tape trucks, vehicles designed to be exclusively sold to the U.S. Postal Service, and vehicles manufactured for operation by persons with disabilities, with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less that is manufactured on or after September 1, 1995 shall comply with the requirements of S4.1.2.1 (as specified for passenger cars) of this standard. A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. (c) Each truck, bus, and multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1995, but before September 1, 1998, whose driver's seating position complies with the requirements of S4.1.2.1(a) of this standard by means not including any type of seat belt and whose right front passenger seating position is equipped with a manual Type 2 seat belt that complies with S5.1 of this standard, with the seat belt assembly adjusted in accordance with S7.4.2, shall be counted as a vehicle complying with S4.1.2.1. S4.2.5.5 Calculation of complying trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less. (a) For the purposes of the calculations required in S4.2.5.1.2, S4.2.5.2.2, and S4.2.5.3.2 of the number of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less that comply with S4.1.2.1 (as specified for passenger cars): [[Page 788]] (1) Each truck, bus, and multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less whose driver's seating position complies with the requirements of S4.1.2.1(a) by means not including any type of seat belt and whose front right seating position complies with the requirements of S4.1.2.1(a) by any means is counted as 1.5 vehicles, and (2) Each truck, bus, and multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less whose driver's seating position complies with the requirements of S4.1.2.1(a) by means not including any type of seat belt and whose right front passenger seating position is equipped with a manual Type 2 seat belt that complies with S5.1 of this standard, with the seat belt assembly adjusted in accordance with S7.4.2, is counted as one vehicle. (3) Each truck, bus, and multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less that is manufactured in two or more stages or that is altered (within the meaning of Sec. 567.7 of this chapter) after having previously been certified in accordance with part 567 of this chapter is not subject to the requirements of S4.2.5.1.2, S4.2.5.2.2, and S4.2.5.3.2. Such vehicles may be excluded from all calculations of compliance with S4.2.5.1.2, S4.2.5.2.2, and S4.2.5.3.2. (b) For the purposes of complying with S4.2.5.1.2, a truck, bus, or multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less may be counted if it: (1) Is manufactured on or after September 1, 1992, but before September 1, 1994, and (2) Is certified as complying with S4.1.2.1 (as specified for passenger cars). (c) For the purposes of complying with S4.2.5.2.2, a truck, bus, or multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less may be counted if it: (1) Is manufactured on or after September 1, 1992, but before September 1, 1995, (2) Is certified as complying with S4.1.2.1 (as specified for passenger cars), and (3) Is not counted toward compliance with S4.2.5.1.2. (d) For the purposes of complying with S4.2.5.3.2, a truck, bus, or multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less may be counted if it: (1) Is manufactured on or after September 1, 1992, but before September 1, 1996, (2) Is certified as complying with S4.1.2.1 (as specified for passenger cars), and (3) Is not counted toward compliance with S4.2.5.1.2 or S4.2.5.2.2. S4.2.5.6 Trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less produced by more than one manufacturer. S4.2.5.6.1 For the purposes of calculating average annual production for each manufacturer and the amount of vehicles manufactured by each manufacturer under S4.2.5.1.2, S4.2.5.2.2, or S4.2.5.3.2, a truck, bus, or multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S4.2.5.6.2: (a) A vehicle that is imported shall be attributed to the importer. (b) A vehicle that is manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S4.2.5.6.2 A truck, bus, or multipurpose passenger vehicle with, GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified in an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified [[Page 789]] and the manufacturer to which the vehicle would otherwise be attributed under S4.2.5.6.1 of this standard. S4.2.6 Trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1997. Each truck, bus, and multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less, which is manufactured on or after September 1, 1997, shall comply with the requirements of S4.1.5.1 of this standard (as specified for passenger cars), except that walk-in van-type trucks and vehicles designed to be sold exclusively to the U.S. Postal Service may meet the requirements of S4.2.1.1 or S4.2.1.2 of this standard instead of the requirements of S4.1.5.1. S4.2.6.1 Trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1997 and before September 1, 1998. S4.2.6.1.1 The amount of trucks, buses, and multipurpose passenger vehicles complying with the requirements of S4.1.5.1(a)(1) of this standard by means of an inflatable restraint system shall be not less than 80 percent of the manufacturer's total combined production of subject vehicles manufactured on or after September 1, 1997 and before September 1, 1998. Each truck, bus, or multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1997 and before September 1, 1998, whose driver's seating position complies with S4.1.5.1(a)(1) by means of an inflatable restraint system and whose right front passenger seating position is equipped with a manual Type 2 seat belt assembly that complies with S5.1 of this standard, with the seat belt assembly adjusted in accordance with S7.4.2 of this standard, shall be counted as a vehicle complying with S4.1.5.1(a)(1) by means of an inflatable restraint system. A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. S4.2.6.1.2 Trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less produced by more than one manufacturer. S4.2.6.1.2.1 For the purpose of calculating the production by each manufacturer during the period specified in S4.2.6.1.1, a truck, bus, or multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S4.2.6.1.2.2: (a) A vehicle that is imported into the United States shall be attributed to the importer. (b) A vehicle manufactured within the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S4.2.6.1.2.2 A truck, bus, or multipurpose passenger vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers, as specified in an express written contract, reported to the National Highway Traffic Safety Administration pursuant to part 585 of this chapter, between the manufacturer so specified and the manufacturer to which the vehicle otherwise would be attributed, pursuant to S4.2.6.1.2.1. S4.2.6.2 Trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1998. Each truck, bus, or multipurpose vehicle with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less manufactured on or after September 1, 1998 shall comply with the requirement of S4.1.5.1(a)(1) by means of an inflatable restraint system at the driver's and right front passenger's position. A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. [[Page 790]] S4.2.6.3 Trucks, buses, and multipurpose passenger vehicles certified to S14. Each truck, bus, or multipurpose passenger vehicle with a GVWR of 3,855 kg (8,500 lb) or less and an unloaded vehicle weight of 2,495 kg (5,500 lb) or less certified to S14 shall, at each front outboard designated seating position, meet the applicable frontal crash protection requirements of S5.1.2(b) by means of an inflatable restraint system that requires no action by vehicle occupants. S4.2.6.4 Inboard designated seating positions in trucks, buses, and multipurpose passenger vehicles without manually operated driving controls and with a single or multiple front inboard designated seating position and no outboard seating positions and with a GVWR of 3,855 kg (8,500 lb) or less and an unloaded vehicle weight of 2,495 kg (5,500 lb) or less. The above specified vehicles shall meet the requirements of S4.1.5.6 as specified for passenger cars. S4.2.7 Rear seating positions in trucks, and multipurpose passenger vehicles manufactured on or after September 1, 2007 with a GVWR of 10,000 lbs. (4,536 kg) or less. S4.2.7.1 Except as provided in S4.2.7.2, S4.2.7.3, S4.2.7.4, S4.2.7.5, and S4.2.7.6, each truck and each multipurpose passenger vehicle, other than a motor home, a walk-in van-type truck, or a vehicle designed to be sold exclusively to the U.S. Postal Service with a GVWR of 10,000 lbs. (4,536 kg) or less, or a vehicle carrying chassis-mount camper with a gross vehicle weight rating of 8,500-10,000 lbs. (3,855- 4,536 kg), shall be equipped with a Type 2 seat belt assembly at every rear designated seating position other than a side-facing position, except that Type 2 seat belt assemblies installed in compliance with this requirement shall conform to Standard No. 209 (49 CFR 571.209) and with S7.1 and S7.2 of this standard. If a Type 2 seat belt assembly installed in conformity to this requirement incorporates any webbing tension-relieving device, the vehicle owner's manual shall include the information specified in S7.4.2(b) of this standard for the tension relieving device, and the vehicle shall conform to S7.4.2(c) of this standard. Side-facing designated seating positions shall be equipped, at the manufacturer's option, with a Type 1 or Type 2 seat belt assembly that conforms with S7.1 and S7.2 of this standard. S4.2.7.2 Any rear designated seating position with a seat that can be adjusted to be forward-or rear-facing and to face some other direction shall either: (a) Meet the requirements of S4.2.7.1 with the seat in any position in which it can be occupied while the vehicle is in motion; or (b) When the seat is in its forward-facing and/or rear-facing position or within 30 degrees of either position, have a Type 2 seat belt assembly with an upper torso restraint that conforms to S7.1 and S7.2 of this standard and that adjusts by means of an emergency locking retractor that conforms to Standard No. 209 (49 CFR 571.209), which upper torso restraint may be detachable at either the buckle or the upper anchorage, but not both, and, when the seat is in any other position in which it can be occupied while the vehicle is in motion, have a Type 1 seat belt or the pelvic portion of a Type 2 seat belt assembly that conforms to S7.1 and S7.2 of this standard. S4.2.7.3 Any rear designated seating position on a readily removable seat (i.e., a seat designed to be easily removed and replaced by means installed by the manufacturer for that purpose) may meet the requirements of S4.2.7.1 by use of a belt incorporating a release mechanism that detaches both the lap and shoulder portion at either the upper or lower anchorage point, but not both. The means of detachment shall be a key or key-like object. S4.2.7.4 Any inboard designated seating position on a seat for which the entire seat back can be folded such that no part of the seat back extends above a horizontal plane located 250 mm above the highest SRP located on the seat may meet the requirements of S4.2.7.1 by use of a belt incorporating a release mechanism that detaches both the lap and shoulder portion at either the upper or lower anchorage point, but not both. The means of detachment shall be a key or key-like object. S4.2.7.5 Any rear designated seating position adjacent to a walkway located [[Page 791]] between the seat and the side of the vehicle, which walkway is designed to allow access to more rearward designated seating positions may meet the requirements of S4.2.7.1 by use of a belt incorporating a release mechanism that detaches both the lap and shoulder portion at either the upper or lower anchorage point, but not both. The means of detachment shall be a key or key-like object. S4.2.7.6 Any rear side-facing designated seating position shall have a Type 1 or Type 2 seat belt assembly that conforms to S7.1 and S7.2 of this standard. S4.3 Trucks and multipurpose passenger vehicles, with GVWR of more than 10,000 pounds. S4.3.1 Trucks and multipurpose passenger vehicles with a GVWR of more than 10,000 pounds, manufactured in or after January 1, 1972 and before September 1, 1990. Each truck and multipurpose passenger vehicle with a gross vehicle weight rating of more than 10,000 pounds, manufactured on or after January 1, 1972 and before September 1, 1990, shall meet the requirements of S4.3.1.1 or S4.3.1.2. A protection system that meets the requirements of S4.3.1.1 may be installed at one or more designated seating positions of a vehicle that otherwise meets the requirements of S4.3.1.2. S4.3.1.1 First option--complete passenger protection system. The vehicle shall meet the crash protection requirements of S5 by means that require no action by vehicle occupants. S4.3.1.2 Second option--belt system. The vehicle shall, at each designated seating position, have either a Type 1 or a Type 2 seat belt assembly that conforms to S571.209. S4.3.2 Trucks and multipurpose passenger vehicles with a GVWR of more than 10,000 pounds, manufactured on or after September 1, 1990. Each truck and multipurpose passenger vehicle with a gross vehicle weight rating of more than 10,000 pounds, manufactured on or after September 1, 1990, shall meet the requirements of S4.3.2.1 or S4.3.2.2. A protection system that meets the requirements of S4.3.2.1 may be installed at one or more designated seating positions of a vehicle that otherwise meets the requirements of S4.3.2.2. S4.3.2.1 First option--complete passenger protection system. The vehicle shall meet the crash protection requirements of S5 by means that require no action by vehicle occupants. S4.3.2.2 Second option--belt system. The vehicle shall, at each designated seating position, have either a Type 1 or a Type 2 seat belt assembly that conforms to Sec. 571.209 of this part and S7.2 of this Standard. A Type 1 belt assembly or the pelvic portion of a dual retractor Type 2 belt assembly installed at a front outboard seating position shall include either an emergency locking retractor or an automatic locking retractor. If a seat belt assembly installed at a front outboard seating position includes an automatic locking retractor for the lap belt or the lap belt portion, that seat belt assembly shall comply with the following: (a) An automatic locking retractor used at a front outboard seating position that has some type of suspension system for the seat shall be attached to the seat structure that moves as the suspension system functions. (b) The lap belt or lap belt portion of a seat belt assembly equipped with an automatic locking retractor that is installed at a front outboard seating position must allow at least \3/4\ inch, but less than 3 inches, of webbing movement before retracting webbing to the next locking position. (c) Compliance with S4.3.2.2(b) of this standard is determined as follows: (1) The seat belt assembly is buckled and the retractor end of the seat belt assembly is anchored to a horizontal surface. The webbing for the lap belt or lap belt portion of the seat belt assembly is extended to 75 percent of its length and the retractor is locked after the initial adjustment. (2) A load of 20 pounds is applied to the free end of the lap belt or the lap belt portion of the belt assembly (i.e., the end that is not anchored to the horizontal surface) in the direction away from the retractor. The position of the free end of the belt assembly is recorded. (3) Within a 30 second period, the 20 pound load is slowly decreased, until the retractor moves to the next locking position. The position of the free [[Page 792]] end of the belt assembly is recorded again. (4) The difference between the two positions recorded for the free end of the belt assembly shall be at least \3/4\ inch but less than 3 inches. S4.4 Buses manufactured on or after November 28, 2016. S4.4.1 Definitions. For purposes of S4.4, the following definitions apply: Over-the-road bus means a bus characterized by an elevated passenger deck located over a baggage compartment, except a school bus. Perimeter-seating bus means a bus, which is not an over-the-road bus, that has 7 or fewer designated seating positions that are forward- facing or can convert to forward-facing without the use of tools, and are rearward of the driver's designated seating position or rearward of the outboard designated seating position(s) in the front row of seats, if there is no driver's designated seating position. Prison bus means a bus manufactured for the purpose of transporting persons subject to involuntary restraint or confinement and has design features consistent with that purpose. Stop-request system means a vehicle-integrated system for passenger use to signal to a vehicle operator that they are requesting a stop. Transit bus means a bus that is equipped with a stop-request system sold for public transportation provided by, or on behalf of, a State or local government and that is not an over-the-road bus. S4.4.2 Buses with a GVWR of 3,855 kg (8,500 lb) or less and an unloaded vehicle weight of 2,495 kg (5,500 lb) or less. S4.4.2.1 Each bus with a GVWR of 3,855 kg (8,500 lb) or less and an unloaded vehicle weight of 2,495 kg (5,500 lb) or less, except a school bus, shall comply with the requirements of S4.2.6 of this standard for front seating positions and with the requirements of S4.4.3.1 of this standard for all rear seating positions. S4.4.2.2 Each school bus with a GVWR of 3,855 kg (8,500 lb) or less and an unloaded vehicle weight of 2,495 kg (5,500 lb) or less shall comply with the requirements of S4.2.6 of this standard for front seating positions and with the requirements of S4.4.3.2 of this standard for all rear seating positions. S4.4.3 Buses with a GVWR of 4,536 kg (10,000 lb) or less. S4.4.3.1 Except as provided in S4.4.3.1.1, S4.4.3.1.2, S4.4.3.1.3, S4.4.3.1.4 and S4.4.3.1.5, each bus with a gross vehicle weight rating of 4,536 kg (10,000 lb) or less, except a school bus or an over-the-road bus, shall be equipped with a Type 2 seat belt assembly at every designated seating position other than a side-facing position. Type 2 seat belt assemblies installed in compliance with this requirement shall conform to Standard No. 209 (49 CFR 571.209) and with S7.1 and S7.2 of this standard. If a Type 2 seat belt assembly installed in compliance with this requirement incorporates a webbing tension relieving device, the vehicle owner's manual shall include the information specified in S7.4.2(b) of this standard for the tension relieving device, and the vehicle shall conform to S7.4.2(c) of this standard. Side-facing designated seating positions shall be equipped, at the manufacturer's option, with a Type 1 or Type 2 seat belt assembly. S4.4.3.1.1 Any rear designated seating position with a seat that can be adjusted to be forward- or rear-facing and to face some other direction shall either: (a) Meet the requirements of S4.4.3.1 with the seat in any position in which it can be occupied while the vehicle is in motion, or meet S4.4.3.1.1(b)(1) and S4.4.3.1.1(b)(2). (b)(1) When the seat is in its forward-facing and/or rear-facing position, or within 30 degrees of either position, have a Type 2 seat belt assembly with an upper torso restraint that (i) Conforms to S7.1 and S7.2 of this standard, (ii) Adjusts by means of an emergency locking retractor conforming to Standard No. 209 (49 CFR 571.209), and (iii) May be detachable at the buckle or upper anchorage, but not both. (2) When the seat is in any position in which it can be occupied while the vehicle is in motion, have a Type 1 seat belt or the pelvic portion of a Type 2 seat belt assembly that conforms to S7.1 and S7.2 of this standard. S4.4.3.1.2 Any rear designated seating position on a readily removable [[Page 793]] seat (that is, a seat designed to be easily removed and replaced by means installed by the manufacturer for that purpose) may meet the requirements of S4.4.3.1 by use of a belt incorporating a release mechanism that detaches both the lap and shoulder portion at either the upper or lower anchorage point, but not both. The means of detachment shall be a key or key-like object. S4.4.3.1.3 Any inboard designated seating position on a seat for which the entire seat back can be folded such that no part of the seat back extends above a horizontal plane located 250 mm above the highest SRP located on the seat may meet the requirements of S4.4.3.1 by use of a belt incorporating a release mechanism that detaches both the lap and shoulder portion at either the upper or lower anchorage point, but not both. The means of detachment shall be a key or key-like object. S4.4.3.1.4 Any rear designated seating position adjacent to a walkway located between the seat, which walkway is designed to allow access to more rearward designated seating positions, and not adjacent to the side of the vehicle may meet the requirements of S4.4.3.1 by use of a belt incorporating a release mechanism that detaches both the lap and shoulder portion at either the upper or lower anchorage point, but not both. The means of detachment shall be a key or key-like object. S4.4.3.1.5 Any rear side-facing designated seating position shall be equipped with a Type 1 or Type 2 seat belt assembly that conforms to S7.1 and S7.2 of this standard. S4.4.3.2 Each school bus with a gross vehicle weight rating of 4,536 kg (10,000 pounds) or less shall comply with the requirements of S4.4.3.2.1 and S4.4.3.2.2. S4.4.3.2.1 The driver's designated seating position and any outboard designated seating position not rearward of the driver's seating position shall be equipped with a Type 2 seat belt assembly. For a school bus without a driver's designated seating position, the outboard designated seating positions in the front row of seats shall be equipped with Type 2 seat belt assemblies. The seat belt assembly shall comply with Standard No. 209 (49 CFR 571.209) and with S7.1 and S7.2 of this standard. The lap belt portion of the seat belt assembly shall include either an emergency locking retractor or an automatic locking retractor. An automatic locking retractor shall not retract webbing to the next locking position until at least \3/4\ inch of webbing has moved into the retractor. In determining whether an automatic locking retractor complies with this requirement, the webbing is extended to 75 percent of its length and the retractor is locked after the initial adjustment. If the seat belt assembly installed in compliance with this requirement incorporates any webbing tension-relieving device, the vehicle owner's manual shall include the information specified in S7.4.2(b) of this standard for the tension-relieving device, and the vehicle shall comply with S7.4.2(c) of this standard. S4.4.3.2.2 Passenger seating positions, other than those specified in S4.4.3.2.1, shall be equipped with Type 2 seat belt assemblies that comply with the requirements of S7.1.1.5, S7.1.5 and S7.2 of this standard. S4.4.3.3 Each over-the-road-bus with a GVWR of 4,536 kg (10,000 lb) or less shall meet the requirements of S4.4.5.1 (as specified for buses with a GVWR or more than 11,793 kg (26,000 lb)). S4.4.4 Buses with a GVWR of more than 4,536 kg (10,000 lb) but not greater than 11,793 kg (26,000 lb). S4.4.4.1 Each bus with a GVWR of more than 4,536 kg (10,000 lb) but not greater than 11,793 kg (26,000 lb), except a school bus or an over- the-road bus, shall meet the requirements of S4.4.4.1.1 or S4.4.4.1.2. S4.4.4.1.1 First option--complete passenger protection system-- driver only. The vehicle shall meet the crash protection requirements of S5, with respect to an anthropomorphic test dummy in the driver's designated seating position, by means that require no action by vehicle occupants. S4.4.4.1.2 Second option--belt system. The vehicle shall, at the driver's designated seating position and all designated seating positions in the front row of seats, if there is no driver's designated seating position, be equipped with either a Type 1 or a Type 2 seat belt assembly that conforms to Sec. 571.209 of this part and S7.2 of this Standard. A [[Page 794]] Type 1 belt assembly or the pelvic portion of a dual retractor Type 2 belt assembly installed at these seating positions shall include either an emergency locking retractor or an automatic locking retractor. If a seat belt assembly includes an automatic locking retractor for the lap belt or the lap belt portion, that seat belt assembly shall comply with the following: (a) An automatic locking retractor used at a driver's seating position that has some type of suspension system for the seat shall be attached to the seat structure that moves as the suspension system functions. (b) The lap belt or lap belt portion of a seat belt assembly equipped with an automatic locking retractor that is installed at the driver's seating position must allow at least \3/4\; inch, but less than 3 inches, of webbing movement before retracting webbing to the next locking position. (c) Compliance with S4.4.4.2.1(b) of this standard is determined as follows: (1) The seat belt assembly is buckled and the retractor end of the seat belt assembly is anchored to a horizontal surface. The webbing for the lap belt or lap belt portion of the seat belt assembly is extended to 75 percent of its length and the retractor is locked after the initial adjustment. (2) A load of 20 pounds is applied to the free end of the lap belt or the lap belt portion of the belt assembly (i.e., the end that is not anchored to the horizontal surface) in the direction away from the retractor. The position of the free end of the belt assembly is recorded. (3) Within a 30 second period, the 20 pound load is slowly decreased, until the retractor moves to the next locking position. The position of the free end of the belt assembly is recorded again. (4) The difference between the two positions recorded for the free end of the belt assembly shall be at least \3/4\; inch but less than 3 inches. S4.4.4.2 Each school bus with a GVWR of more than 4,536 kg (10,000 lb) but not greater than 11,793 kg (26,000 lb) shall be equipped with a Type 2 seat belt assembly at the driver's designated seating position. The seat belt assembly shall comply with Standard No. 209 (49 CFR 571.209) and with S7.1 and S7.2 of this standard. If a seat belt assembly installed in compliance with this requirement includes an automatic locking retractor for the lap belt portion, that seat belt assembly shall comply with paragraphs (a) through (c) of S4.4.4.1.2 of this standard. If a seat belt assembly installed in compliance with this requirement incorporates any webbing tension-relieving device, the vehicle owner's manual shall include the information specified in S7.4.2(b) of this standard for the tension-relieving device, and the vehicle shall comply with S7.4.2(c) of this standard. S4.4.4.3 Each over-the-road-bus with a GVWR of more than 4,536 kg (10,000 lb) but not greater than 11,793 kg (26,000 lb) shall meet the requirements of S4.4.5.1 (as specified for buses with a GVWR or more than 11,793 kg (26,000 lb)). S4.4.5 Buses with a GVWR of more than 11,793 kg (26,000 lb). S4.4.5.1 Each bus with a GVWR of more than 11,793 kg (26,000 lb), except a perimeter-seating bus, transit bus, or school bus, shall comply with the requirements of S4.4.5.1.1 and S4.4.5.1.2. S4.4.5.1.1 The driver's designated seating position and any outboard designated seating position not rearward of the driver's seating position shall be equipped with a Type 2 seat belt assembly. The seat belt assembly shall comply with Standard No. 209 (49 CFR 571.209) and with S7.1 and S7.2 of this standard. For a bus without a driver's designated seating position, any outboard designated seating position in the front row of seats, shall be equipped with Type 2 seat belt assemblies. If a seat belt assembly installed in compliance with this requirement includes an automatic locking retractor for the lap belt portion, that seat belt assembly shall comply with paragraphs (a) through (c) of S4.4.4.1.2 of this standard. If a seat belt assembly installed in compliance with this requirement incorporates any webbing tension-relieving device, the vehicle owner's manual shall include the information specified in S7.4.2(b) of this standard for the tension- relieving device, and the vehicle shall comply with S7.4.2(c) of this standard. [[Page 795]] S4.4.5.1.2 Passenger seating positions, other than those specified in S4.4.5.1.1 and seating positions on prison buses rearward of the driver's seating position, shall: (a) Other than for over-the-road buses: (i) Be equipped with a Type 2 seat belt assembly at any seating position that is not a side-facing position; (ii) Be equipped with a Type 1 or Type 2 seat belt assembly at any seating position that is a side-facing position; (c) For over-the-road buses, be equipped with a Type 2 seat belt assembly; (d) Have the seat belt assembly attached to the seat structure at any seating position that has another seating position, wheelchair position, or side emergency door behind it; and (e) Comply with the requirements of S7.1.1.5, S7.1.1.6, S7.1.3, and S7.2 of this standard. S4.4.5.2 Each perimeter-seating bus and transit bus with a GVWR of more than 11,793 kg (26,000 lb) shall meet the requirements of S4.4.4.1.1 or S4.4.4.1.2 (as specified for buses with a GVWR of more than 4,536 kg (10,000 lb) but not greater than 11,793 kg (26,000 lb)). S4.4.5.3 Each school bus with a GVWR of more than 11,793 kg (26,000 lb) shall be equipped with a Type 2 seat belt assembly at the driver's designated seating position. The seat belt assembly shall comply with Standard No. 209 (49 CFR 571.209) and with S7.1 and S7.2 of this standard. If a seat belt assembly installed in compliance with this requirement includes an automatic locking retractor for the lap belt portion, that seat belt assembly shall comply with paragraphs (a) through (c) of S4.4.4.1.2 of this standard. If a seat belt assembly installed in compliance with this requirement incorporates any webbing tension-relieving device, the vehicle owner's manual shall include the information specified in S7.4.2(b) of this standard for the tension- relieving device, and the vehicle shall comply with S7.4.2(c) of this standard. S4.5 Other general requirements. S4.5.1 Labeling and owner's manual information. (a) Air bag maintenance or replacement information. If the vehicle manufacturer recommends periodic maintenance or replacement of an inflatable restraint system, as that term is defined in S4.1.5.1(b) of this standard, installed in a vehicle, that vehicle shall be labeled with the recommended schedule for maintenance or replacement. The schedule shall be specified by month and year, or in terms of vehicle mileage, or by intervals measured from the date appearing on the vehicle certification label provided pursuant to 49 CFR part 567. The label shall be permanently affixed to the vehicle within the passenger compartment and lettered in English in block capital and numerals not less than three thirty-seconds of an inch high. This label may be combined with the label required by S4.5.1(b) of this standard to appear on the sun visor. If some regular maintenance or replacement of the inflatable restraint system(s) in a vehicle is recommended by the vehicle manufacturer, the owner's manual shall also set forth the recommended schedule for maintenance or replacement. (b) Sun visor air bag warning label. (1) Except as provided in S4.5.1(b)(2), each vehicle shall have a label permanently affixed to either side of the sun visor, at the manufacturer's option, at each front outboard seating position that is equipped with an inflatable restraint. The label shall conform in content to the label shown in either Figure 6a or 6b of this standard, as appropriate, and shall comply with the requirements of S4.5.1(b)(1)(i) through S4.5.1(b)(1)(iv). (i) The heading area shall be yellow with the word ``WARNING'' and the alert symbol in black. (ii) The message area shall be white with black text. The message area shall be no less than 30 cm\2\ (4.7 in\2\). (iii) The pictogram shall be black with a red circle and slash on a white background. The pictogram shall be no less than 30 mm (1.2 in) in diameter. (iv) If the vehicle does not have a back seat, the label shown in Figure 6a or 6b may be modified by omitting the statements: ``The BACK SEAT is the SAFEST place for children.'' (2) Vehicles certified to meet the requirements specified in S19, S21, or S23 before September 1, 2003 shall have a label permanently affixed to either side of the sun visor, at the manufacturer's [[Page 796]] option, at each front outboard seating position that is equipped with an inflatable restraint. The label shall conform in content to the label shown either in Figure 8 or Figure 11 of this standard, at the manufacturer's option, and shall comply with the requirements of S4.5.1(b)(2)(i) through S4.5.1(b)(2)(iv). (i) The heading area shall be yellow with the word ``WARNING'' and the alert symbol in black. (ii) The message area shall be white with black text. The message area shall be no less than 30 cm\2\ (4.7 in\2\). (iii) The pictogram shall be black on a white background. The pictogram shall be no less than 30 mm (1.2 in) in length. (iv) If the vehicle does not have a back seat, the label shown in the figure may be modified by omitting the statement: ``The BACK SEAT is the SAFEST place for CHILDREN.'' (v) If the vehicle does not have a back seat or the back seat is too small to accommodate a rear-facing child restraint consistent with S4.5.4.1, the label shown in the figure may be modified by omitting the statement: ``Never put a rear-facing child seat in the front.'' (3) Vehicles certified to meet the requirements specified in S19, S21, or S23 on or after September 1, 2003 shall have a label permanently affixed to either side of the sun visor, at the manufacturer's option, at each front outboard seating position that is equipped with an inflatable restraint. The label shall conform in content to the label shown in Figure 11 of this standard and shall comply with the requirements of S4.5.1(b)(3)(i) through S4.5.1(b)(3)(iv). (i) The heading area shall be yellow with the word ``WARNING'' and the alert symbol in black. (ii) The message area shall be white with black text. The message area shall be no less than 30 cm\2\ (4.7 in\2\). (iii) The pictogram shall be black on a white background. The pictogram shall be no less than 30 mm (1.2 in) in length. (iv) If the vehicle does not have a back seat, the label shown in the figure may be modified by omitting the statement: ``The BACK SEAT is the SAFEST place for CHILDREN.'' (v) If the vehicle does not have a back seat or the back seat is too small to accommodate a rear-facing child restraint consistent with S4.5.4.1, the label shown in the figure may be modified by omitting the statement: ``Never put a rear-facing child seat in the front.'' (4) Design-specific information. (i) A manufacturer may request in writing that the Administrator authorize additional design-specific information to be placed on the air bag sun visor label for vehicles certified to meet the requirements specified in S19, S21, or S23. The label shall conform in content to the label shown in Figure 11 of this standard and shall comply with the requirements of S4.5.1(b)(3)(i) through S4.5.1(b)(3)(iv), except that the label may contain additional, design-specific information, if authorized by the Administrator. (ii) The request must meet the following criteria: (A) The request must provide a mock-up of the label with the specific language or pictogram the manufacturer requests permission to add to the label. (B) The additional information conveyed by the requested label must be specific to the design or technology of the air bag system in the vehicle and not applicable to all or most air bag systems. (C) The additional information conveyed by the requested label must address a situation in which foreseeable occupant behavior can affect air bag performance. (iii) The Administrator shall authorize or reject a request by a manufacturer submitted under S4.5.1(b)(4)(i) on the basis of whether the additional information could result in information overload or would otherwise make the label confusing or misleading. No determination will be made as to whether, in light of the above criteria, the particular information best prevents information overload or whether the information best addresses a particular air bag risk. Moreover, the Administrator will not verify or vouch for the accuracy of the information. (5) Limitations on additional labels. (i) Except for the information on an air bag maintenance label placed on [[Page 797]] the sun visor pursuant to S4.5.1(a) of this standard, or on a utility vehicle warning label placed on the sun visor that conforms in content, form, and sequence to the label shown in Figure 1 of 49 CFR 575.105, no other information shall appear on the same side of the sun visor to which the sun visor air bag warning label is affixed. (ii) Except for the information in an air bag alert label placed on the sun visor pursuant to S4.5.1(c) of this standard, or on a utility vehicle warning label placed on the sun visor that conforms in content, form, and sequence to the label shown in Figure 1 of 49 CFR 575.105, no other information about air bags or the need to wear seat belts shall appear anywhere on the sun visor. (c) Air bag alert label. If the label required by S4.5.1(b) is not visible when the sun visor is in the stowed position, an air bag alert label shall be permanently affixed to that visor so that the label is visible when the visor is in that position. The label shall conform in content to the sun visor label shown in Figure 6(c) of this standard, and shall comply with the requirements of S4.5.1(c)(1) through S4.5.1(c)(3). (1) The message area shall be black with yellow text. The message area shall be no less than 20 square cm. (2) The pictogram shall be black with a red circle and slash on a white background. The pictogram shall be no less than 20 mm in diameter. (3) If a vehicle does not have an inflatable restraint at any front seating position other than that for the driver's designated seating position, the pictogram may be omitted from the label shown in Figure 6c. (d) At the option of the manufacturer, the requirements in S4.5.1(b) and S4.5.1(c) for labels that are permanently affixed to specified parts of the vehicle may instead be met by permanent marking or molding of the required information. (e) Label on the dashboard. (1) Except as provided in S4.5.1(e)(2) or S4.5.1(e)(3), each vehicle that is equipped with an inflatable restraint for the passenger position shall have a label attached to a location on the dashboard or the steering control hub that is clearly visible from all front seating positions. The label need not be permanently affixed to the vehicle. This label shall conform in content to the label shown in Figure 7 of this standard, and shall comply with the requirements of S4.5.1(e)(1)(i) through S4.5.1(e)(1)(iii). (i) The heading area shall be yellow with the word ``WARNING'' and the alert symbol in black. (ii) The message area shall be white with black text. The message area shall be no less than 30 cm\2\ (4.7 in\2\). (iii) If the vehicle does not have a back seat, the label shown in Figure 7 may be modified by omitting the statement: ``The back seat is the safest place for children 12 and under.'' (2) Vehicles certified to meet the requirements specified in S19, S21, and S23 before December 1, 2003, that are equipped with an inflatable restraint for the passenger position shall have a label attached to a location on the dashboard or the steering control hub that is clearly visible from all front seating positions. The label need not be permanently affixed to the vehicle. This label shall conform in content to the label shown in either Figure 9 or Figure 12 of this standard, at manufacturer's option, and shall comply with the requirements of S4.5.1(e)(2)(i) through S4.5.1(e)(2)(iv). (i) The heading area shall be yellow with black text. (ii) The message area shall be white with black text. The message area shall be no less than 30 cm\2\ (4.7 in\2\). (iii) If the vehicle does not have a back seat, the labels shown in Figures 9 and 12 may be modified by omitting the statement: ``The back seat is the safest place for children.'' (iv) If the vehicle does not have a back seat or the back seat is too small to accommodate a rear-facing child restraint consistent with S4.5.4.1, the label shown in Figure 12 may be modified by omitting the statement: ``Never put a rear-facing child seat in the front.'' (3) Vehicles certified to meet the requirements specified in S19, S21, and S23 on or after December 1, 2003, that are equipped with an inflatable restraint for the passenger position shall have a label attached to a location on the dashboard or the steering control hub that is clearly visible from all [[Page 798]] front seating positions. The label need not be permanently affixed to the vehicle. This label shall conform in content to the label shown in Figure 12 of this standard and shall comply with the requirements of S4.5.1(e)(3)(i) through S4.5.1(e)(3)(iv). (i) The heading area shall be yellow with black text. (ii) The message area shall be white with black text. The message area shall be no less than 30 cm\2\ (4.7 in\2\). (iii) If the vehicle does not have a back seat, the label shown in Figure 12 may be modified by omitting the statement: ``The back seat is the safest place for children.'' (iv) If the vehicle does not have a back seat or the back seat is too small to accommodate a rear-facing child restraint consistent with S4.5.4.1, the label shown in Figure 12 may be modified by omitting the statement: ``Never put a rear-facing child seat in the front.'' (f) Information to appear in owner's manual. (1) The owner's manual for any vehicle equipped with an inflatable restraint system shall include an accurate description of the vehicle's air bag system in an easily understandable format. The owner's manual shall include a statement to the effect that the vehicle is equipped with an air bag and lap/shoulder belt at both front outboard seating positions, and that the air bag is a supplemental restraint at those seating positions. The information shall emphasize that all occupants should always wear their seat belts whether or not an air bag is also provided at their seating position to minimize the risk of severe injury or death in the event of a crash. The owner's manual shall also provide any necessary precautions regarding the proper positioning of occupants, including children, at seating positions equipped with air bags to ensure maximum safety protection for those occupants. The owner's manual shall also explain that no objects should be placed over or near the air bag on the instrument panel, because any such objects could cause harm if the vehicle is in a crash severe enough to cause the air bag to inflate. (2) For any vehicle certified to meet the requirements specified in S14.5, S15, S17, S19, S21, S23, and S25, the manufacturer shall also include in the vehicle owner's manual a discussion of the advanced passenger air bag system installed in the vehicle. The discussion shall explain the proper functioning of the advanced air bag system and shall provide a summary of the actions that may affect the proper functioning of the system. The discussion shall include, at a minimum, accurate information on the following topics: (i) A presentation and explanation of the main components of the advanced passenger air bag system. (ii) An explanation of how the components function together as part of the advanced passenger air bag system. (iii) The basic requirements for proper operation, including an explanation of the actions that may affect the proper functioning of the system. (iv) For vehicles certified to meet the requirements of S19.2, S21.2 or S23.2, a complete description of the passenger air bag suppression system installed in the vehicle, including a discussion of any suppression zone. (v) An explanation of the interaction of the advanced passenger air bag system with other vehicle components, such as seat belts, seats or other components. (vi) A summary of the expected outcomes when child restraint systems, children and small teenagers or adults are both properly and improperly positioned in the passenger seat, including cautionary advice against improper placement of child restraint systems. (vii) For vehicles certified to meet the requirements of S19.2, S21.2 or S23.2, a discussion of the telltale light, specifying its location in the vehicle and explaining when the light is illuminated. (viii) Information on how to contact the vehicle manufacturer concerning modifications for persons with disabilities that may affect the advanced air bag system. (g) Additional labels placed elsewhere in the vehicle interior. The language on additional air bag warning labels placed elsewhere in the vehicle interior shall not cause confusion or contradiction of any of the statements required in the [[Page 799]] air bag sun visor label, and shall be expressed in symbols, words and abbreviations required by this standard. S4.5.2 Readiness indicator. An occupant protection system that deploys in the event of a crash shall have a monitoring system with a readiness indicator. The indicator shall monitor its own readiness and shall be clearly visible from the driver's designated seating position. If the vehicle is equipped with a single readiness indicator for both a driver and passenger air bag, and if the vehicle is equipped with an on- off switch permitted by S4.5.4 of this standard, the readiness indicator shall monitor the readiness of the driver air bag when the passenger air bag has been deactivated by means of the on-off switch, and shall not illuminate solely because the passenger air bag has been deactivated by the manual on-off switch. A list of the elements of the system being monitored by the indicator shall be included with the information furnished in accordance with S4.5.1 but need not be included on the label. S4.5.3 Automatic belts. Except as provided in S4.5.3.1, a seat belt assembly that requires no action by vehicle occupants (hereinafter referred to as an ``automatic belt'') may be used to meet the crash protection requirements of any option under S4. and in place of any seat belt assembly otherwise required by that option. S4.5.3.1. An automatic belt that provides only pelvic restraint may not be used pursuant to S4.5.3 to meet the requirements of an option that requires a Type 2 seat belt assembly. An automatic belt may not be used pursuant to S4.5.3 to meet the requirements of S4.1.5.1(a)(3) for a Type 2 seat belt assembly at any seating position equipped with an inflatable restraint system pursuant to S4.1.5.2, S4.1.5.3, S4.2.6.1, or S4.2.6.2 of this standard. S4.5.3.2 An automatic belt, furnished pursuant to S4.5.3, that provides both pelvic and upper torso restraint may have either a detachable or nondetachable upper torso portion, notwithstanding provisions of the option under which it is furnished. S4.5.3.3 An automatic belt furnished pursuant to S4.5.3 shall: (a) Conform to S7.1 and have a single emergency release mechanism whose components are readily accessible to a seated occupant. (b) In place of a warning system that conforms to S7.3 of this standard, be equipped with the following warning system: At the left front designated seating position (driver's position), a warning system that activates a continuous or intermittent audible signal for a period of not less than 4 seconds and not more than 8 seconds and that activates a continuous or flashing warning light visible to the driver for not less than 60 seconds (beginning when the vehicle ignition switch is moved to the ``on'' or the ``start'' position) when condition (A) exists simultaneously with condition (B), and that activates a continuous or flashing warning light, visible to the driver, displaying the identifying symbol for the seat belt telltale shown in Table 2 of Standard No. 101 (49 CFR 571.101), or, at the option of the manufacturer if permitted by Standard No. 101, displaying the words ``Fasten Seat Belts'' or ``Fasten Belts,'' for as long as condition (A) exists simultaneously with condition (C). (A) The vehicle's ignition switch is moved to the ``on'' position or to the ``start'' position. (B) The driver's automatic belt is not in use, as determined by the belt latch mechanism not being fastened, or, if the automatic belt is non-detachable, by the emergency release mechanism being in the released position. In the case of motorized automatic belts, the determination of use shall be made once the belt webbing is in its locked protective mode at the anchorage point. (C) The belt webbing of a motorized automatic belt system is not in its locked, protective mode at the anchorage point. S4.5.3.4 An automatic belt furnished pursuant to S4.5.3 that is not required to meet the perpendicular frontal crash protection requirements of S5.1 shall conform to the webbing, attachment hardware, and assembly performance requirements of Standard No. 209. S4.5.3.5 A replacement automatic belt shall meet the requirements of S4.1(k) of Standard No. 209. [[Page 800]] S4.5.4 Passenger air bag manual cut-off device. Passenger cars, trucks, buses, and multipurpose passenger vehicles manufactured before September 1, 2012 may be equipped with a device that deactivates the air bag installed at the right front outboard seating position in the vehicle, if all the conditions in S4.5.4.1 through S4.5.4.4 are satisfied. S4.5.4.1 The vehicle complies with either S4.5.4.1(a) or S4.5.4.1(b). (a) The vehicle has no forward-facing designated seating positions to the rear of the front seating positions. (b) With the seats and seat backs adjusted as specified in S8.1.2 and S8.1.3, the distance, measured along a longitudinal horizontal line tangent to the highest point of the rear seat bottom in the longitudinal vertical plane described in either S4.5.4.1(b)(1) or S4.5.4.1(b)(2), between the rearward surface of the front seat back and the forward surface of the rear seat back is less than 720 millimeters. (1) In a vehicle equipped with front bucket seats, the vertical plane at the centerline of the driver's seat cushion. (2) In a vehicle equipped with front bench seating, the vertical plane which passes through the center of the steering wheel rim. S4.5.4.2 The device is operable by means of the ignition key for the vehicle. The device shall be separate from the ignition switch for the vehicle, so that the driver must take some action with the ignition key other than inserting it or turning it in the ignition switch to deactivate the passenger air bag. Once deactivated, the passenger air bag shall remain deactivated until it is reactivated by means of the device. S4.5.4.3 A telltale light in the interior of the vehicle shall be illuminated whenever the passenger air bag is turned off by means of the on-off switch. The telltale shall be clearly visible to occupants of all front seating positions. ``Clearly visible'' means within the normal range of vision throughout normal driving operations. The telltale: (a) Shall be yellow; (b) Shall have the identifying words ``PASSENGER AIR BAG OFF'' or ``PASS AIR BAG OFF'' on the telltale or within 25 millimeters of the telltale; (c) Shall remain illuminated for the entire time that the air bag is ``off''; (d) Shall not be illuminated at any time when the air bag is ``on''; and, (e) Shall not be combined with the readiness indicator required by S4.5.2 of this standard. S4.5.4.4 The vehicle owner's manual shall provide, in a readily understandable format: (a) Complete instructions on the operation of the on-off switch; (b) A statement that the on-off switch should only be used when a member of a passenger risk group identified in the request form in appendix B to part 595 of this chapter is occupying the right front passenger seating position; and, (c) A warning about the safety consequences of using the on-off switch at other times. S4.5.5 Rear seat belt requirements for passenger cars and for trucks, buses, and multipurpose passenger vehicles with a GVWR of 4,536 kg (10,000 lbs.) or less. S4.5.5.1 Vehicles manufactured on or after September 1, 2005 and before September 1, 2007. (a) For vehicles manufactured for sale in the United States on or after September 1, 2005, and before September 1, 2007, a percentage of the manufacturer's production as specified in S4.5.5.2, shall meet the requirements specified in either S4.1.5.5 for complying passenger cars, S4.2.7 for complying trucks and multipurpose passenger vehicles, or S4.4.3.1 for complying buses. (b) A manufacturer that sells two or fewer carlines, as that term is defined at 49 CFR 583.4, in the United States may, at the option of the manufacturer, meet the requirements of this paragraph, instead of paragraph (a) of this section. Each vehicle manufactured on or after September 1, 2006, and before September 1, 2007, shall meet the requirements specified in S4.1.5.5 for complying passenger cars, S4.2.7 for complying trucks & multipurpose passenger vehicles, and S4.4.3.1 for complying buses. Credits for vehicles manufactured before September 1, 2006 are not to be applied to the requirements of this paragraph. (c) Vehicles that are manufactured in two or more stages or that are altered [[Page 801]] (within the meaning of 49 CFR 567.7) after having previously been certified in accordance with part 567 of this chapter are not subject to the requirements of S4.5.5.1. (d) Vehicles that are manufactured by a manufacturer that produces fewer than 5,000 vehicles annually for sale in the United States are not subject to the requirements of S4.5.5.1. S4.5.5.2 Phase-in schedule. (a) Vehicles manufactured on or after September 1, 2005, and before September 1, 2006. Subject to S4.5.5.3(a), for vehicles manufactured on or after September 1, 2005, and before September 1, 2006, the amount of vehicles complying with S4.1.5.5 for complying passenger cars, S4.2.7 for complying trucks and multipurpose passenger vehicles, or S4.4.3.1 for complying buses shall be not less than 50 percent of: (1) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years immediately prior to September 1, 2005, the manufacturer's average annual production of vehicles manufactured on or after September 1, 2003, and before September 1, 2006, or (2) The manufacturer's production on or after September 1, 2005, and before September 1, 2006. (b) Vehicles manufactured on or after September 1, 2006, and before September 1, 2007. Subject to S4.5.5.3(b), for vehicles manufactured on or after September 1, 2006, and before September 1, 2007, the amount of vehicles complying with S4.1.5.5 for complying passenger cars, S4.2.7 for complying trucks and multipurpose passenger vehicles, or S4.4.3.1 for complying buses shall be not less than 80 percent of: (1) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years immediately prior to September 1, 2006, the manufacturer's average annual production of vehicles manufactured on or after September 1, 2004, and before September 1, 2007, or (2) The manufacturer's production on or after September 1, 2006, and before September 1, 2007. S4.5.5.3 Calculation of complying vehicles. (a) For the purposes of complying with S4.5.5.2(a), a manufacturer may count a vehicle if it is manufactured on or after February 7, 2005, but before September 1, 2006. (b) For the purposes of complying with S4.5.5.2(b), a manufacturer may count a vehicle if it: (1) Is manufactured on or after February 7, 2005, but before September 1, 2007, and (2) Is not counted toward compliance with S4.5.5.2(a). S4.5.5.4 Vehicles produced by more than one manufacturer. (a) For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S4.5.5.2, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to paragraph (b) of this section. (1) A vehicle that is imported shall be attributed to the importer. (2) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. (b) A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under paragraph (a) of this section. S4.6 Dynamic testing of manual belt systems. S4.6.1 Each truck and multipurpose passenger vehicle with a GVWR of 8,500 pounds or less and an unloaded weight of less than 5,500 pounds that is manufactured on or after September 1, 1991, and is equipped with a Type 2 seat belt assembly at a front outboard designated seating position pursuant to S4.1.2.3 shall meet the frontal crash protection requirements of S5.1 at those designated seating positions with a test dummy restrained by a Type 2 seat belt assembly that has been adjusted in accordance with S7.4.2. A vehicle shall not be deemed to be in noncompliance with this standard if its manufacturer establishes that it did [[Page 802]] not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard. S4.6.2 Any manual seat belt assembly subject to the requirements of S5.1 of this standard by virtue of any provision of this standard other than S4.1.2.1(c)(2) does not have to meet the requirements of S4.2(a)- (f) and S4.4 of Standard No. 209 (Sec. 571.209). S4.6.3 Any manual seat belt assembly subject to the requirements of S5.1 of this standard by virtue of S4.1.2.1(c)(2) does not have to meet the elongation requirements of S4.2(c), S4.4(a)(2), S4.4(b)(4), and S4.4(b)(5) of Standard No. 209 (Sec. 571.209). S4.7 [Reserved] S4.8 Selection of compliance options. Where manufacturer options are specified, the manufacturer shall select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle. Each manufacturer shall, upon request from the National Highway Traffic Safety Administration, provide information regarding which of the compliance options it has selected for a particular vehicle or make/model. S4.9 Values and tolerances. Wherever a range of values or tolerances are specified, requirements shall be met at all values within the range of values or tolerances. With respect to the positioning of anthropomorphic dummies, torso and spine angle tolerances shall be 2 degrees unless otherwise stated, and leg, thigh, foot, and arm angle tolerances shall be 5 degrees unless otherwise stated. S4.10 Metric values. Specifications and requirements are given in metric units with English units provided for reference. The metric values are controlling. S4.11 Test duration for purpose of measuring injury criteria. (a) For all barrier crashes, the injury criteria specified in this standard shall be met when calculated based on data recorded for 300 milliseconds after the vehicle strikes the barrier. (b) For the 3-year-old and 6-year-old child dummy low risk deployment tests, the injury criteria specified in this standard shall be met when calculated on data recorded for 100 milliseconds after the initial deployment of the air bag. (c) For 12-month-old infant dummy low risk deployment tests, the injury criteria specified in the standard shall be met when calculated on data recorded for 125 milliseconds after the initiation of the final stage of air bag deployment designed to deploy in any full frontal rigid barrier crash up to 64 km/h (40 mph). (d) For driver dummy low risk deployment tests, the injury criteria shall be met when calculated based on data recorded for 125 milliseconds after the initiation of the final stage of air bag deployment designed to deploy in any full frontal rigid barrier crash up to 26 km/h (16 mph). (e) The requirements for dummy containment shall continue until both the vehicle and the dummies have ceased moving. S4.12 Suppression systems that do not detect dummies. For vehicles with occupant sensing systems that recognize humans and not dummies, such that the air bag or bags would not function in crash tests, the manufacturer shall provide NHTSA with information and equipment necessary to circumvent the suppression system for the crash test such that the restraint system operates as if 5th percentile adult female humans and 50th percentile adult male humans are seated in the vehicle. S4.13 Data channels. For vehicles manufactured on or after September 1, 2001, all data channels used in injury criteria calculations shall be filtered using a phaseless digital filter, such as the Butterworth four- pole phaseless digital filter specified in appendix C of SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5). S5 Occupant crash protection requirements for the 50th percentile adult male dummy. S5.1 Frontal barrier crash test. S5.1.1 Belted test. (a) Vehicles not certified to S14. Impact a vehicle traveling longitudinally forward at any speed, up to and including 48 km/h (30 mph), into a fixed rigid barrier that is perpendicular to the line of travel of the vehicle, and at any angle up to 30 degrees [[Page 803]] in either direction from the perpendicular to the line of travel of the vehicle, under the applicable conditions of S8 and S10. The test dummy specified in S8.1.8 placed in each front outboard designated seating position shall meet the injury criteria of S6.1, S6.2(a), S6.3, S6.4(a), and S6.5 of this standard. (b) Vehicles certified to S14--(1) Vehicles certified to S14.1 or S14.2. Impact a vehicle traveling longitudinally forward at any speed, up to and including 48 km/h (30 mph), into a fixed rigid barrier that is perpendicular to the line of travel of the vehicle under the applicable conditions of S8 and S10. The test dummy specified in S8.1.8 placed in each front outboard designated seating position shall meet the injury criteria of S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 of this standard. (2) Vehicles certified to S14.3 or S14.4. Impact a vehicle traveling longitudinally forward at any speed, up to and including 56 km/h (35 mph), into a fixed rigid barrier that is perpendicular to the line of travel of the vehicle under the applicable conditions of S8 and S10. The test dummy specified in S8.1.8 placed in each front outboard designated seating position shall meet the injury criteria of S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 of this standard. S5.1.2 Unbelted test. (a) Vehicles not certified to the requirements of S13 or S14. At the manufacturer's option, either one of the following unbelted tests shall be met: (1) Impact a vehicle traveling longitudinally forward at any speed up to and including 48 km/h (30 mph), into a fixed rigid barrier that is perpendicular to the line of travel of the vehicle, and at any angle up to 30 degrees in either direction from the perpendicular to the line of travel of the vehicle, under the applicable conditions of S8 and S10, excluding S10.7, S10.8, and S10.9. The test dummy specified in S8.1.8 placed in each front outboard designated seating position shall meet the injury criteria of S6.1, S6.2(a), S6.3, S6.4(a), and S6.5 of this standard. (2) Impact a vehicle traveling longitudinally forward at any speed between 32 km/h (20 mph) and 40 km/h (25 mph), inclusive, into a fixed rigid barrier that is perpendicular to the line of travel of the vehicle, and at any angle up to 30 degrees in either direction from the perpendicular to the line of travel of the vehicle, under the applicable conditions of S8 and S10, excluding S10.7, S10.8, and S10.9. The test dummy specified in S8.1.8 placed in each front outboard designated seating position shall meet the injury criteria of S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 of this standard. (b) Vehicles certified to the requirements of S14. Impact a vehicle traveling longitudinally forward at any speed between 32 km/h (20 mph) and 40 km/h (25 mph), inclusive, into a fixed rigid barrier that is perpendicular to the line of travel of the vehicle, and at any angle up to 30 degrees in either direction from the perpendicular to the line of travel of the vehicle, under the applicable conditions of S8 and S10, excluding S10.7, S10.8, and S10.9. The test dummy specified in S8.1.8 placed in each front outboard designated seating position shall meet the injury criteria of S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 of this standard. S5.2 Lateral moving barrier crash test. Impact a vehicle laterally on either side by a barrier moving at 20 mph under the applicable conditions of S8. The test dummy specified in S8.1.8 positioned in the front outboard designated seating position adjacent to the impacted side shall meet the injury criteria of S6.2 and S6.3 of this standard. S5.3 Rollover. Subject a vehicle to a rollover test in either lateral direction at 30 mph under the applicable conditions of S8 of this standard with a test dummy specified in S8.1.8 placed in the front outboard designated seating position on the vehicle's lower side as mounted on the test platform. The test dummy shall meet the injury criteria of S6.1 of this standard. S6 Injury criteria for the part 572, subpart E, Hybrid III test dummy. S6.1 All portions of the test dummy shall be contained within the outer surfaces of the vehicle passenger compartment. S6.2 Head injury criteria. (a)(1) For any two points in time, t1 and t2, during the event which are separated by not more than a 36 millisecond time interval and where t1 is less than t2, the head injury criterion (HIC36) shall be [[Page 804]] determined using the resultant head acceleration at the center of gravity of the dummy head, ar, expressed as a multiple of g (the acceleration of gravity) and shall be calculated using the expression: [GRAPHIC] [TIFF OMITTED] TR12MY00.003 (2) The maximum calculated HIC36 value shall not exceed 1,000. (b)(1) For any two points in time, t1 and t2, during the event which are separated by not more than a 15 millisecond time interval and where t1 is less than t2, the head injury criterion (HIC15) shall be determined using the resultant head acceleration at the center of gravity of the dummy head, ar, expressed as a multiple of g (the acceleration of gravity) and shall be calculated using the expression: [GRAPHIC] [TIFF OMITTED] TR12MY00.004 (2) The maximum calculated HIC15 value shall not exceed 700. S6.3 The resultant acceleration calculated from the output of the thoracic instrumentation shown in drawing 78051.218, revision R incorporated by reference in part 572, subpart E of this chapter shall not exceed 60 g's, except for intervals whose cumulative duration is not more than 3 milliseconds. S6.4 Chest deflection. (a) Compressive deflection of the sternum relative to the spine shall not exceed 76 mm (3.0 in). (b) Compressive deflection of the sternum relative to the spine shall not exceed 63 mm (2.5 in). S6.5 The force transmitted axially through each upper leg shall not exceed 2250 pounds. S6.6 Neck injury. When measuring neck injury, each of the following injury criteria shall be met. (a) Nij. (1) The shear force (Fx), axial force (Fz), and bending moment (My) shall be measured by the dummy upper neck load cell for the duration of the crash event as specified in S4.11. Shear force, axial force, and bending moment shall be filtered for Nij purposes at SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5) Channel Frequency Class 600. (2) During the event, the axial force (Fz) can be either in tension or compression while the occipital condyle bending moment (Mocy) can be in either flexion or extension. This results in four possible loading conditions for Nij: tension-extension (Nte), tension-flexion (Ntf), compression-extension (Nce), or compression-flexion (Ncf). (3) When calculating Nij using equation S6.6(a)(4), the critical values, Fzc and Myc, are: (i) Fzc = 6806 N (1530 lbf) when Fz is in tension (ii) Fzc = 6160 N (1385 lbf) when Fz is in compression (iii) Myc = 310 Nm (229 lbf-ft) when a flexion moment exists at the occipital condyle (iv) Myc = 135 Nm (100 lbf-ft) when an extension moment exists at the occipital condyle. (4) At each point in time, only one of the four loading conditions occurs and the Nij value corresponding to that loading condition is computed and the three remaining loading modes shall be considered a value of zero. The expression for calculating each Nij loading condition is given by: Nij = (Fz/Fzc) + (Mocy/Myc) (5) None of the four Nij values shall exceed 1.0 at any time during the event. (b) Peak tension. Tension force (Fz), measured at the upper neck load cell, shall not exceed 4170 N (937 lbf) at any time. (c) Peak compression. Compression force (Fz), measured at the upper neck load cell, shall not exceed 4000 N (899 lbf) at any time. S6.7 Unless otherwise indicated, instrumentation for data acquisition, data channel frequency class, and moment calculations are the same as given for the 49 CFR Part 572, Subpart E Hybrid III test dummy. S7. Seat belt assembly requirements. As used in this section, a law enforcement vehicle means any vehicle manufactured primarily for use by the United States or by a State or local government for police or other law enforcement purposes. [[Page 805]] S7.1 Adjustment. S7.1.1 Except as specified in S7.1.1.1 and S7.1.1.2, the lap belt of any seat belt assembly furnished in accordance with S4.1.2 shall adjust by means of any emergency-locking or automatic-locking retractor that conforms to Sec. 571.209 to fit persons whose dimensions range from those of a 50th percentile 6-year-old child to those of a 95th percentile adult male and the upper torso restraint shall adjust by means of an emergency-locking retractor or a manual adjusting device that conforms to Sec. 571.209 to fit persons whose dimensions range from those of a 5th percentile adult female to those of a 95th percentile adult male, with the seat in any position, the seat back in the manufacturer's nominal design riding position, and any adjustable anchorages adjusted to the manufacturer's nominal design position for a 50th percentile adult male occupant. However, an upper torso restraint furnished in accordance with S4.1.2.3.1(a) shall adjust by means of an emergency-locking retractor that conforms to Sec. 571.209. S7.1.1.1 A seat belt assembly installed at the driver's seating position shall adjust to fit persons whose dimensions range from those of a 5th-percentile adult female to those of a 95th-percentile adult male. S7.1.1.2 (a) A seat belt assembly installed in a motor vehicle other than a forward control vehicle at any designated seating position other than the outboard positions of the front and second seats shall adjust either by a retractor as specified in S7.1.1 or by a manual adjusting device that conforms to Sec. 571.209. (b) A seat belt assembly installed in a forward control vehicle at any designated seating position other than the front outboard seating positions shall adjust either by a retractor as specified in S7.1.1 or by a manual adjusting device that conforms to Sec. 571.209. (c) A seat belt assembly installed in a forward-facing rear outboard seating position in a law enforcement vehicle shall adjust either by a retractor as specified in S7.1.1 or by a manual adjusting device that conforms to Sec. 571.209. S7.1.1.3 A Type 1 lap belt or the lap belt portion of any Type 2 seat belt assembly installed at any forward-facing outboard designated seating position of a vehicle with a gross vehicle weight rating of 10,000 pounds or less to comply with a requirement of this standard, except walk-in van-type vehicles and school buses, and except in rear seating positions in law enforcement vehicles, shall meet the requirements of S7.1 by means of an emergency locking retractor that conforms to Standard No. 209 (49 CFR 571.209). S7.1.1.4 Notwithstanding the other provisions of S7.1--S7.1.1.3, emergency-locking retractors on belt assemblies located in positions other than front outboard designated seating postions may be equipped with a manual webbing adjustment device capable of causing the retractor that adjusts the lap belt to lock when the belt is buckled. S7.1.1.5 Passenger cars, and trucks, buses, and multipurpose passenger vehicles with a GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 1, 1995 and buses with a GVWR of more than 11,793 kg (26,000 pounds) manufactured on or after November 28, 2016, except a perimeter-seating bus, prison bus, school bus, or transit bus, shall meet the requirements of S7.1.1.5(a), S7.1.1.5(b) and S7.1.1.5(c). (a) Each designated seating position, except the driver's designated seating position, and except any right front seating position that is equipped with an automatic belt, that is in any motor vehicle, except walk-in van-type vehicles and vehicles manufactured to be sold exclusively to the U.S. Postal Service, and that is forward-facing or can be adjusted to be forward-facing, shall have a seat belt assembly whose lap belt portion is lockable so that the seat belt assembly can be used to tightly secure a child restraint system. The means provided to lock the lap belt or lap belt portion of the seat belt assembly shall not consist of any device that must be attached by the vehicle user to the seat belt webbing, retractor, or any other part of the vehicle. Additionally, the means provided to lock the lap belt or lap belt portion of the seat belt assembly shall not require any inverting, twisting or otherwise deforming of the belt webbing. [[Page 806]] (b) If the means provided pursuant to S7.1.1.5(a) to lock the lap belt or lap belt portion of any seat belt assembly makes it necessary for the vehicle user to take some action to activate the locking feature, the vehicle owner's manual shall include a description in words and/or diagrams describing how to activate the locking feature so that the seat belt assembly can tightly secure a child restraint system and how to deactivate the locking feature to remove the child restraint system. (c) Except for seat belt assemblies that have no retractor or that are equipped with an automatic locking retractor, compliance with S7.1.1.5(a) is demonstrated by the following procedure: (1) With the seat in any adjustment position, buckle the seat belt assembly. Complete any procedures recommended in the vehicle owner's manual, pursuant to S7.1.1.5(b), to activate any locking feature for the seat belt assembly. (2) Locate a reference point A on the safety belt buckle. Locate a reference point B on the attachment hardware or retractor assembly at the other end of the lap belt or lap belt portion of the seat belt assembly. Adjust the lap belt or lap belt portion of the seat belt assembly pursuant to S7.1.1.5(c)(1) as necessary so that the webbing between points A and B is at the maximum length allowed by the belt system. Measure and record the distance between points A and B along the longitudinal centerline of the webbing for the lap belt or lap belt portion of the seat belt assembly. (3) Readjust the belt system so that the webbing between points A and B is at any length that is 5 inches or more shorter than the maximum length of the webbing. (4) Apply a pre-load of 10 pounds, using the webbing tension pull device described in Figure 5 of this standard, to the lap belt or lap belt portion of the seat belt assembly in a vertical plane parallel to the longitudinal axis of the vehicle and passing through the seating reference point of the designated seating position whose belt system is being tested. Apply the pre-load in a horizontal direction toward the front of the vehicle with a force application angle of not less than 5 degrees nor more than 15 degrees above the horizontal. Measure and record the length of belt between points A and B along the longitudinal centerline of the webbing for the lap belt or lap belt portion of the seat belt assembly while the pre-load is being applied. (5) Apply a load of 50 pounds, using the webbing tension pull device described in Figure 5 of this standard, to the lap belt or lap belt portion of the seat belt assembly in a vertical plane parallel to the longitudinal axis of the vehicle and passing through the seating reference point of the designated seating position whose belt system is being tested. The load is applied in a horizontal direction toward the front of the vehicle with a force application angle of not less than 5 degrees nor more than 15 degrees above the horizontal at an onset rate of not more than 50 pounds per second. Attain the 50 pound load in not more than 5 seconds. If webbing sensitive emergency locking retroactive are installed as part of the lap belt assembly or lap belt portion of the seat belt assembly, apply the load at a rate less than the threshold value for lock-up specified by the manufacturer. Maintain the 50 pound load for at least 5 seconds before the measurements specified in S7.1.1.5(c)(6) are obtained and recorded. (6) Measure and record the length of belt between points A and B along the longitudinal centerline of the webbing for the lap belt or lap belt portion of the seat belt assembly. (7) The difference between the measurements recorded under S7.1.1.5(c) (6) and (4) shall not exceed 2 inches. (8) The difference between the measurements recorded under S7.1.1.5(c) (6) and (2) shall be 3 inches or more. S7.1.1.6 Passenger seats, other than any outboard designated seating position not rearward of the driver's seating position, in buses with a GVWR of more than 11,793 kg (26,000 lb) manufactured on or after November 28, 2016. The lap belt of any seat belt assembly on any passenger seat in each bus with a GVWR of more than 11,793 kg (26,000 lb), except a perimeter-seating bus, prison bus, school bus, or transit bus, shall adjust by means of any emergency-locking retractor that conforms to 49 CFR 571.209 to fit persons whose dimensions [[Page 807]] range from those of a 50th percentile 6-year-old child to those of a 95th percentile adult male and the upper torso restraint shall adjust by means of an emergency-locking retractor that conforms to 49 CFR 571.209 to fit persons whose dimensions range from those of a 5th percentile adult female to those of a 95th percentile adult male, with the seat in any position, the seat back in the manufacturer's nominal design riding position, and any adjustable anchorages adjusted to the manufacturer's nominal design position for a 50th percentile adult male occupant. S7.1.2 Except as provided in S7.1.2.1, S7.1.2.2, and S7.1.2.3, for each Type 2 seat belt assembly which is required by Standard No. 208 (49 CFR 571.208), the upper anchorage, or the lower anchorage nearest the intersection of the torso belt and the lap belt, shall include a movable component which has a minimum of two adjustment positions. The distance between the geometric center of the movable component at the two extreme adjustment positions shall be not less than five centimeters, measured linearly. If the component required by this paragraph must be manually moved between adjustment positions, information shall be provided in the owner's manual to explain how to adjust the seat belt and warn that misadjustment could reduce the effectiveness of the safety belt in a crash. S7.1.2.1 As an alternative to meeting the requirement of S7.1.2, a Type 2 seat belt assembly shall provide a means of automatically moving the webbing in relation to either the upper anchorage, or the lower anchorage nearest the intersection of the torso belt and the lap belt. The distance between the midpoint of the webbing at the contact point of the webbing and the anchorage at the extreme adjustment positions shall be not less than five centimeters, measured linearly. S7.1.2.2 The requirements of S7.1.2 do not apply the anchorages of a Type 2 seat belt assembly installed: (a) At a seat which is adjustable fore and aft while the vehicle is in motion and whose seat frame above the fore-and-aft adjuster is part of each of the assembly's seat belt anchorages, as defined in S3 of Standard No. 210 (49 CFR 571.210). (b) At a seat that is not adjustable fore and aft while the vehicle is in motion. S7.1.2.3 The requirements of S7.1.2 do not apply to any truck with a gross vehicle weight rating of more than 8,500 pounds manufactured before January 1, 1998. S7.1.3 The intersection of the upper torso belt with the lap belt in any Type 2 seat belt assembly furnished in accordance with S4.1.1 or S4.1.2, with the upper torso manual adjusting device, if provided, adjusted in accordance with the manufacturer's instructions, shall be at least 6 inches from the front vertical centerline of a 50th-percentile adult male occupant, measured along the centerline of the lap belt, with the seat in its rearmost and lowest adjustable position and with the seat back in the manufacturer's nominal design riding position. S7.1.4 The weights and dimensions of the vehicle occupants referred to in this standard are as follows: -------------------------------------------------------------------------------------------------------------------------------------------------------- 50th-percentile 6-year- 50th-percentile 10- 5th-percentile adult 50th-percentile adult 95th-percentile adult old child year-old child female male male -------------------------------------------------------------------------------------------------------------------------------------------------------- Weight............................. 47.3 pounds........... 82.1 pounds........... 102 pounds........... 164 pounds 3. Erect sitting height............... 25.4 inches........... 28.9 inches........... 30.9 inches.......... 35.7 inches .1. Hip breadth (sitting).............. 8.4 inches............ 10.1 inches........... 12.8 inches.......... 14.7 inches .7. Hip circumference (sitting)........ 23.9 inches........... 27.4 inches (standing) 36.4 inches.......... 42 inches............ 47.2 inches. Waist circumference (sitting)...... 20.8 inches........... 25.7 inches (standing) 23.6 inches.......... 32 inches .6. Chest depth........................ 6.0 inches............ 7.5 inches............ 9.3 inches .2. Chest circumference: (nipple)....................... 30.5 inches........... (upper)........................ 26.3 inches........... 29.8 inches........... 37.4 inches .6. (lower)........................ 26.6 inches........... -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 808]] S7.1.5 School bus bench seats. The seat belt assemblies on school bus bench seats will operate by means of any emergency-locking retractor that conforms to 49 CFR 571.209 to restrain persons whose dimensions range from those of a 50th percentile 6-year-old child to those of a 50th percentile 10-year-old, for small occupant seating positions, as defined in 49 CFR 571.222, and to those of a 50th percentile adult male for all other seating positions. The seat back may be in any position. S7.2 Latch mechanism. Except as provided in S7.2(e), each seat belt assembly installed in any vehicle shall have a latch mechanism that complies with the requirements specified in S7.2(a) through (d). (a) The components of the latch mechanism shall be accessible to a seated occupant in both the stowed and operational positions; (b) The latch mechanism shall release both the upper torso restraint and the lap belt simultaneously, if the assembly has a lap belt and an upper torso restraint that require unlatching for release of the occupant; (c) The latch mechanism shall release at a single point; and; (d) The latch mechanism shall release by a pushbutton action. (e) The requirements of S7.2 do not apply to any automatic belt assembly. The requirements specified in S7.2(a) through (c) do not apply to any safety belt assembly installed at a forward-facing rear outboard seating position in a law enforcement vehicle. S7.3 (a) A seat belt assembly provided at the driver's seating position shall be equipped with a warning system that, at the option of the manufacturer, either-- (1) Activates a continuous or intermittent audible signal for a period of not less than 4 seconds and not more than 8 seconds and that activates a continuous or flashing warning light visible to the driver displaying the identifying symbol for the seat belt telltale shown in Table 2 of FMVSS 101 or, at the option of the manufacturer if permitted by FMVSS 101, displaying the words ``Fasten Seat Belts'' or ``Fasten Belts'', for not less than 60 seconds (beginning when the vehicle ignition switch is moved to the ``on'' or the ``start'' position) when condition (b) exists simultaneously with condition (c), or that (2) Activates, for a period of not less than 4 seconds and not more than 8 seconds (beginning when the vehicle ignition switch is moved to the ``on'' or the ``start'' position), a continuous or flashing warning light visible to the driver, displaying the identifying symbol of the seat belt telltale shown in Table 2 of FMVSS 101 or, at the option of the manufacturer if permitted by FMVSS 101, displaying the words ``Fasten Seat Belts'' or ``Fasten Belts'', when condition (b) exists, and a continuous or intermittent audible signal when condition (b) exists simultaneously with condition (c). (b) The vehicle's ignition switch is moved to the ``on'' position or to the ``start'' position. (c) The driver's lap belt is not in use, as determined, at the option of the manufacturer, either by the belt latch mechanism not being fastened, or by the belt not being extended at least 4 inches from its stowed position. S7.4 Seat belt comfort and convenience. (a) Automatic seat belts. Automatic seat belts installed in any vehicle, other than walk-in van-type vehicles, which has a gross vehicle weight rating of 10,000 pounds or less, and which is manufactured on or after September 1, 1986, shall meet the requirements of S7.4.1, S7.4.2, and S7.4.3. (b) Manual seat belts. (1) Vehicles manufactured after September 1, 1986. Manual seat belts installed in any vehicle, other than manual Type 2 belt systems installed in the front outboard seating positions in passenger cars or manual belts in walk-in van-type vehicles, which have a gross vehicle weight rating of 10,000 pounds or less, shall meet the requirements of S7.4.3, S7.4.4, S7.4.5, and S7.4.6. (2) Vehicles manufactured after September 1, 1989. (i) If the automatic restraint requirement of S4.1.4 is rescinded pursuant to S4.1.5, then manual seat belts installed in a passenger car shall meet the requirements of S7.1.1.3(a), S7.4.2, S7.4.3, S7.4.4, S7.4.5, and S7.4.6. (ii) Manual seat belts installed in a bus, multipurpose passenger vehicle [[Page 809]] and truck with a gross vehicle weight rating of 10,000 pounds or less, except for walk-in van-type vehicles, shall meet the requirements of S7.4.3, S7.4.4, S7.4.5, and S7.4.6. S7.4.1 Convenience hooks. Any manual convenience hook or other device that is provided to stow seat belt webbing to facilitate entering or exiting the vehicle shall automatically release the webbing when the automatic belt system is otherwise operational and shall remain in the released mode for as long as (a) exists simultaneously with (b), or, at the manufacturer's option, for as long as (a) exists simultaneously with (c)-- (a) The vehicle ignition switch is moved to the ``on'' or ``start'' position; (b) The vehicle's drive train is engaged; (c) The vehicle's parking brake is in the released mode (nonengaged). S7.4.2 Webbing tension-relieving device. Each vehicle with an automatic seat belt assembly or with a Type 2 manual seat belt assembly that must meet the occupant crash protection requirements of S5.1 of this standard installed at a front outboard designated seating position, and each vehicle with a Type 2 manual seat belt assembly installed at a rear outboard designated seating position in compliance with a requirement of this standard, that has either automatic or manual tension-relieving devices permitting the introduction of slack in the webbing of the shoulder belt (e.g., ``comfort clips'' or ``window- shade'' devices) shall: (a) Comply with the requirements of S5.1 with the shoulder belt webbing adjusted to introduce the maximum amount of slack recommended by the vehicle manufacturer pursuant to S7.4.2(b). (b) Have a section in the vehicle owner's manual that explains how the tension-relieving device works and specifies the maximum amount of slack (in inches) recommended by the vehicle manufacturer to be introduced into the shoulder belt under normal use conditions. The explanation shall also warn that introducing slack beyond the amount specified by the manufacturer could significantly reduce the effectiveness of the shoulder belt in a crash; and (c) Have, except for open-body vehicles with no doors, an automatic means to cancel any shoulder belt slack introduced into the belt system by a tension-relieving device. In the case of an automatic safety belt system, cancellation of the tension-relieving device shall occur each time the adjacent vehicle door is opened. In the case of a manual seat belt required to meet S5.1, cancellation of the tension-relieving device shall occur, at the manufacturer's option, either each time the adjacent door is opened or each time the latchplate is released from the buckle. In the case of a Type 2 manual seat belt assembly installed at a rear outboard designated seating position, cancellation of the tension- relieving device shall occur, at the manufacturer's option either each time the door designed to allow the occupant of that seating position entry and egress of the vehicle is opened or each time the latchplate is released from the buckle. In the case of open-body vehicles with no doors, cancellation of the tension-relieving device may be done by a manual means. S7.4.3 Belt contact force. Except for manual or automatic seat belt assemblies that incorporate a webbing tension-relieving device, the upper torso webbing of any seat belt assembly shall not exert more than 0.7 pounds of contact force when measured normal to and one inch from the chest of an anthropomorphic test dummy, positioned in accordance with S10 of this standard in the seating position for which that seat belt assembly is provided, at the point where the centerline of the torso belt crosses the midsagittal line on the dummy's chest. S7.4.4 Latchplate access. Any seat belt assembly latchplate that is located outboard of a front outboard seating position in accordance with S4.1.2 shall also be located within the outboard reach envelope of either the outboard arm or the inboard arm described in S10.7 and Figure 3 of this standard, when the latchplate is in its normal stowed position and any adjustable anchorages are adjusted to the manufacturer's nominal design position for a 50th percentile adult male occupant. There shall be sufficient clearance between the vehicle seat and [[Page 810]] the side of the vehicle interior to allow the test block defined in Figure 4 of this standard unhindered transit to the latchplate or buckle. S7.4.5 Retraction. When tested under the conditions of S8.1.2 and S8.1.3, with anthropomorphic dummies whose arms have been removed and which are positioned in accordance with S10 of this standard in the front outboard seating positions and restrained by the belt systems for those positions, the torso and lap belt webbing of any of those seat belt systems shall automatically retract to a stowed position either when the adjacent vehicle door is in the open position and the seat belt latchplate is released, or, at the option of the manufacturer, when the latchplate is released. That stowed position shall prevent any part of the webbing or hardware from being pinched when the adjacent vehicle door is closed. A belt system with a tension-relieving device in an open-bodied vehicle with no doors shall fully retract when the tension- relieving device is deactivated. For the purposes of these retraction requirements, outboard armrests, which are capable of being stowed, on vehicle seats shall be placed in their stowed position. S7.4.6 Seat belt guides and hardware. S7.4.6.1 (a) Any manual seat belt assembly whose webbing is designed to pass through the seat cushion or between the seat cushion and seat back shall be designed to maintain one of the following three seat belt parts (the seat belt latchplate, the buckle, or the seat belt webbing) on top of or above the seat cushion under normal conditions (i.e., conditions other than when belt hardware is intentionally pushed behind the seat by a vehicle occupant). In addition, the remaining two seat belt parts must be accessible under normal conditions. (b) The requirements of S7.4.6.1(a) do not apply to: (1) seats whose seat cushions are movable so that the seat back serves a function other than seating, (2) seats which are removable, or (3) seats which are movable so that the space formerly occupied by the seat can be used for a secondary function. S7.4.6.2 The buckle and latchplate of a manual seat belt assembly subject to S7.4.6.1 shall not pass through the guides or conduits provided for in S7.4.6.1 and fall behind the seat when the events listed below occur in the order specified: (a) The belt is completely retracted or, if the belt is nonretractable, the belt is unlatched; (b) the seat is moved to any position to which it is designed to be adjusted; and (c) the seat back, if foldable, is folded forward as far as possible and then moved backward into position. The inboard receptacle end of a seat belt assembly installed at a front outboard designated seating position shall be accessible with the center arm rest in any position to which it can be adjusted (without having to move the armrest). S8. Test conditions. S8.1 General conditions. The following conditions apply to the frontal, lateral, and rollover tests. Except for S8.1.1(d), the following conditions apply to the alternative unbelted sled test set forth in S13 from March 19, 1997 until September 1, 2001. S8.1.1 Except as provided in paragraph (c) of S8.1.1, the vehicle, including test devices and instrumentation, is loaded as follows: (a) Passenger cars. A passenger car is loaded to its unloaded vehicle weight plus its rated cargo and luggage capacity weight, secured in the luggage area, plus the weight of the necessary anthropomorphic test devices. (b) Multipurpose passenger vehicles, trucks, and buses. A multipurpose passenger vehicle, truck, or bus is loaded to its unloaded vehicle weight plus 300 pounds or its rated cargo and luggage capacity weight, whichever is less, secured in the load carrying area and distributed as nearly as possible in proportion to its gross axle weight ratings, plus the weight of the necessary anthropomorphic test devices. For the purposes of Sec. 8.1.1, unloaded vehicle weight does not include the weight of work-performing accessories. Vehicles are tested to a maximum unloaded vehicle weight of 5,500 pounds. (c) Fuel system capacity. With the test vehicle on a level surface, pump the fuel from the vehicle's fuel tank and then operate the engine until it stops. Then, add Stoddard solvent to the test vehicle's fuel tank in an amount which is equal to not less than 92 and not [[Page 811]] more than 94 percent of the fuel tank's usable capacity stated by the vehicle's manufacturer. In addition, add the amount of Stoddard solvent needed to fill the entire fuel system from the fuel tank through the engine's induction system. (d) Vehicle test attitude. Determine the distance between a level surface and a standard reference point on the test vehicle's body, directly above each wheel opening, when the vehicle is in its ``as delivered'' condition. The ``as delivered'' condition is the vehicle as received at the test site, with 100 percent of all fluid capacities and all tires inflated to the manufacturer's specifications as listed on the vehicle's tire placard. Determine the distance between the same level surface and the same standard reference points in the vehicle's ``fully loaded condition.'' The ``fully loaded condition'' is the test vehicle loaded in accordance with S8.1.1 (a) or (b), as applicable. The load placed in the cargo area shall be center over the longitudinal centerline of the vehicle. The pretest vehicle attitude shall be equal to either the as delivered or fully loaded attitude or between the as delivered attitude and the fully loaded attitude. S8.1.2 Adjustable seats are in the adjustment position midway between the forwardmost and rearmost positions, and if separately adjustable in a vertical direction, are at the lowest position. If an adjustment position does not exist midway between the forwardmost and rearmost positions, the closest adjustment position to the rear of the midpoint is used. S8.1.3 Place adjustable seat backs in the manufacturer's nominal design riding position in the manner specified by the manufacturer. Place any adjustable anchorages at the manufacturer's nominal design position for a 50th percentile adult male occupant. Place each adjustable head restraint in its highest adjustment position. Adjustable lumbar supports are positioned so that the lumbar support is in its lowest adjustment position. S8.1.4 Adjustable steering controls are adjusted so that the steering control hub is at the geometric center of the locus it describes when it is moved through its full range of driving positions. S8.1.5 Movable vehicle windows and vents are placed in the fully closed position, unless the vehicle manufacturer chooses to specify a different adjustment position prior to the time it certifies the vehicle. S8.1.6 Convertibles and open-body type vehicles have the top, if any, in place in the closed passenger compartment configuration. S8.1.7 Doors are fully closed and latched but not locked. S8.1.8 Anthropomorphic test dummies. S8.1.8.1 The anthropomorphic test dummies used for evaluation of occupant protection systems manufactured pursuant to applicable portions of S4.1.2, S4.1.3, and S4.1.4 of this standard shall conform to the requirements of subpart E of part 572 of this chapter. S8.1.8.2 Each test dummy is clothed in a form fitting cotton stretch short sleeve shirt with above-the-elbow sleeves and above-the-knee length pants. The weight of the shirt or pants shall not exceed 0.25 pounds each. Each foot of the test dummy is equipped with a size 11XW shoe which meets the configuration size, sole, and heel thickness specifications of MIL-S-13192P (incorporated by reference, see Sec. 571.5) change ``P'' and whose weight is 1.25 0.2 pounds. S8.1.8.3 Limb joints are set at 1g, barely restraining the weight of the limb when extended horizontally. Leg joints are adjusted with the torso in the supine position. S8.1.8.4 Instrumentation does not affect the motion of the dummies during impact or rollover. S8.1.8.5 The stabilized test temperature of the test dummy is at any temperature level between 69 degrees F and 72 degrees F, inclusive. S8.2 Lateral moving barrier crash test conditions. The following conditions apply to the lateral moving barrier crash test. S8.2.1 The moving barrier, including the impact surface, supporting structure, and carriage, weighs 4,000 pounds. S8.2.2 The impact surface of the barrier is a vertical, rigid, flat rectangle, [[Page 812]] 78 inches wide and 60 inches high, perpendicular to its direction of movement, with its lower edge horizontal and 5 inches above the ground surface. S8.2.3 During the entire impact sequence the barrier undergoes no significant amount of dynamic or static deformation, and absorbs no significant portion of the energy resulting from the impact, except for energy that results in translational rebound movement of the barrier. S8.2.4 During the entire impact sequence the barrier is guided so that it travels in a straight line, with no significant lateral, vertical or rotational movement. S8.2.5 The concrete surface upon which the vehicle is tested is level, rigid and of uniform construction, with a skid number of 75 when measured in accordance with ASTM E274-65T (incorporated by reference, see Sec. 571.5) at 40 m.p.h., omitting water delivery as specified in paragraph 7.1 of that method. S8.2.6 The tested vehicle's brakes are disengaged and the transmission is in neutral. S8.2.7 The barrier and the test vehicle are positioned so that at impact-- (a) The vehicle is at rest in its normal attitude; (b) The barrier is traveling in a direction perpendicular to the longitudinal axis of the vehicle at 20 m.p.h.; and (c) A vertical plane through the geometric center of the barrier impact surface and perpendicular to that surface passes through the driver's seating position seating reference point in the tested vehicle. S8.3 Rollover test conditions. The following conditions apply to the rollover test. S8.3.1 The tested vehicle's brakes are disengaged and the transmission is in neutral. S8.3.2 The concrete surface on which the test is conducted is level, rigid, of uniform construction, and of a sufficient size that the vehicle remains on it throughout the entire rollover cycle. It has a skid number of 75 when measured in accordance with ASTM E274-65T (incorporated by reference, see Sec. 571.5) at 40 m.p.h. omitting water delivery as specified in paragraph 7.1 of that method. S8.3.3 The vehicle is placed on a device, similar to that illustrated in Figure 2, having a platform in the form of a flat, rigid plane at an angle of 23[deg] from the horizontal. At the lower edge of the platform is an unyielding flange, perpendicular to the platform with a height of 4 inches and a length sufficient to hold in place the tires that rest against it. The intersection of the inner face of the flange with the upper face of the platform is 9 inches above the rollover surface. No other restraints are used to hold the vehicle in position during the deceleration of the platform and the departure of the vehicle. S8.3.4 With the vehicle on the test platform, the test devices remain as nearly as possible in the posture specified in S8.1. S8.3.5 Before the deceleration pulse, the platform is moving horizontally, and perpendicularly to the longitudinal axis of the vehicle, at a constant speed of 30 m.p.h. for a sufficient period of time for the vehicle to become motionless relative to the platform. S8.3.6 The platform is decelerated from 30 to 0 m.p.h. in a distance of not more than 3 feet, without change of direction and without transverse or rotational movement during the deceleration of the platform and the departure of the vehicle. The deceleration rate is at least 20g for a minimum of 0.04 seconds. S8.4 Frontal test condition. If the vehicle is equipped with a cutoff device permitted by S4.5.4 of this standard, the device is deactivated. S9. Pressure vessels and explosive devices. S9.1 Pressure vessels. A pressure vessel that is continuously pressurized shall conform to the requirements of Sec. Sec. 178.65(a), 178.65(c)(2), 178.65(d), 178.65(e)(1), and 178.65(e)(2) of this title; and to the pressure relief device requirements of Sec. Sec. 173.301(a)(2), 173.301(a)(3) and 173.301(f) of this title. It shall not leak or evidence visible distortion when tested in accordance with Sec. 178.65(f)(1) of this title and shall not fail in any of the ways enumerated in Sec. 178.65(f)(2) of this title when hydrostatically tested to destruction. It shall not crack when flattened in accordance with Sec. 178.65(g) of this title to [[Page 813]] the limit specified in Sec. 178.65(g)(4) of this title. S9.2 Explosive devices. An explosive device shall not exhibit any of the characteristics prohibited by Sec. 173.54 of this title. All explosive material shall be enclosed in a structure that is capable of containing the explosive energy without sudden release of pressure except through overpressure relief devices or parts designed to release the pressure during actuation. S10. Test dummy positioning procedures. S10.1 Head. The transverse instrumentation platform of the head shall be level within \1/2\ degree. To level the head of the test dummy, the following sequences must be followed. First, adjust the position of the H point within the limits set forth in S10.4.2.1 to level the transverse instrumentation platform of the head of the test dummy. If the transverse instrumentation platform of the head is still not level, then adjust the pelvic angle of the test dummy within the limits specified in S10.4.2.2 of this standard. If the transverse instrumentation platform of the head is still not level, then adjust the neck bracket of the dummy the minimum amount necessary from the non- adjusted ``0'' setting to ensure that the transverse instrumentation platform of the head is horizontal within \1/2\ degree. The test dummy shall remain within the limits specified in S10.4.2.1 and S10.4.2.2. after any adjustment of the neck bracket. S10.2 Upper Arms. S10.2.1 The driver dummy's upper arms shall be adjacent to the torso with the centerlines as close to a vertical plane as possible. S10.2.2 Any front outboard passenger dummy's upper arms shall be in contact with the seat back and the sides of the torso. S10.3 Hands. S10.3.1 The palms of the driver dummy shall be in contact with the outer part of the steering control rim at the rim's horizontal centerline. The thumbs shall be over the steering control rim and shall be lightly taped to the steering control rim so that if the hand of the test dummy is pushed upward by a force of not less than 2 pounds and not more than 5 pounds, the tape shall release the hand from the steering control rim. S10.3.2 The palms of any passenger test dummy shall be in contact with the outside of the thigh. The little finger shall be in contact with the seat cushion. S10.4 Torso. S10.4.1 Upper Torso. S10.4.1.1 In vehicles equipped with bench seats, the upper torso of the driver and front outboard passenger dummies shall rest against the seat back. The midsagittal plane of the driver dummy shall be vertical and parallel to the vehicle's longitudinal centerline, and pass through the center of rotation of the steering control. The midsagittal plane of any passenger dummy shall be vertical and parallel to the vehicle's longitudinal centerline and the same distance from the vehicle's longitudinal centerline as the midsagittal plane of the driver dummy, if there is a driver's seating position. If there is no driver's seating position, the midsagittal plane of any front outboard passenger dummy shall be vertical and parallel to the vehicle's longitudinal centerline, and pass through the seating reference point of the seat that it occupies. S10.4.1.2 In vehicles equipped with bucket seats, the upper torso of the driver and passenger dummies shall rest against the seat back. The midsagittal plane of the driver and any front outboard passenger dummy shall be vertical and shall coincide with the longitudinal centerline of the bucket seat. S10.4.2 Lower Torso. S10.4.2.1 H-point. The H-points of the driver and any front outboard passenger test dummies shall coincide within \1/2\ inch in the vertical dimension and \1/2\ inch in the horizontal dimension of a point \1/4\ inch below the position of the H-point determined by using the equipment and procedures specified in SAE Standard J826-1980 (incorporated by reference, see Sec. 571.5), except that the length of the lower leg and thigh segments of the H-point machine shall be adjusted to 16.3 and 15.8 inches, respectively, instead of the 50th percentile values specified in Table 1 of SAE Standard J826-1980. [[Page 814]] S10.4.2.2 Pelvic angle. As determined using the pelvic angle gage (GM drawing 78051-532, incorporated by reference in part 572, subpart E of this chapter) which is inserted into the H-point gaging hole of the dummy, the angle measured from the horizontal on the three inch flat surface of the gage shall be 22\1/2\ degrees plus or minus 2\1/2\ degrees. S10.5 Legs. The upper legs of the driver and any front outboard passenger test dummies shall rest against the seat cushion to the extent permitted by placement of the feet. The initial distance between the outboard knee clevis flange surfaces shall be 10.6 inches. To the extent practicable, the left leg of the driver dummy and both legs of any front outboard passenger dummy shall be in vertical longitudinal planes. To the extent practicable, the right leg of the driver dummy shall be in a vertical plane. Final adjustment to accommodate the placement of feet in accordance with S10.6 for various passenger compartment configurations is permitted. S10.6 Feet. S10.6.1 Driver dummy position. S10.6.1.1 If the vehicle has an adjustable accelerator pedal, adjust it to the full forward position. Rest the right foot of the test dummy on the undepressed accelerator pedal with the rearmost point of the heel on the floor pan in the plane of the pedal. If the foot cannot be placed on the accelerator pedal, set it initially perpendicular to the lower leg and then place it as far forward as possible in the direction of the pedal centerline with the rearmost point of the heel resting on the floor pan. If the vehicle has an adjustable accelerator pedal and the right foot is not touching the accelerator pedal when positioned as above, move the pedal rearward until it touches the right foot. If the accelerator pedal still does not touch the foot in the full rearward position, leave the pedal in that position. S10.6.1.2 Place the left foot on the toeboard with the rearmost point of the heel resting on the floor pan as close as possible to the point of intersection of the planes described by the toeboard and the floor pan and not on the wheelwell projection. If the foot cannot be positioned on the toeboard, set it initially perpendicular to the lower leg and place it as far forward as possible with the heel resting on the floor pan. If necessary to avoid contact with the vehicle's brake or clutch pedal, rotate the test dummy's left foot about the lower leg. If there is still pedal interference, rotate the left leg outboard about the hip the minimum distance necessary to avoid the pedal interference. For vehicles with a foot rest that does not elevate the left foot above the level of the right foot, place the left foot on the foot rest so that the upper and lower leg centerlines fall in a vertical plane. S10.6.2 Front outboard passenger dummy position. S10.6.2.1 Vehicles with a flat floor pan/toeboard. Place the right and left feet on the vehicle's toeboard with the heels resting on the floor pan as close as possible to the intersection point with the toeboard. If the feet cannot be placed flat on the toeboard, set them perpendicular to the lower leg centerlines and place them as far forward as possible with the heels resting on the floor pan. S10.6.2.2 Vehicles with wheelhouse projections in passenger compartment. Place the right and left feet in the well of the floor pan/ toeboard and not on the wheelhouse projection. If the feet cannot be placed flat on the toeboard, initially set them perpendicular to the lower leg centerlines and then place them as far forward as possible with the heels resting on the floor pan. S10.7 Test dummy positioning for latchplate access. The reach envelopes specified in S7.4.4 of this standard are obtained by positioning a test dummy in the driver's or front outboard passenger seating position and adjusting that seating position to its forwardmost adjustment position. Attach the lines for the inboard and outboard arms to the test dummy as described in Figure 3 of this standard. Extend each line backward and outboard to generate the compliance arcs of the outboard reach envelope of the test dummy's arms. S10.8 Test dummy positioning for belt contact force. To determine compliance with S7.4.3 of this standard, position [[Page 815]] the test dummy in the vehicle in accordance with S10.1 through S10.6 of this standard and adjust the seating position in accordance with S8.1.2 and S8.1.3 of this standard. Pull the belt webbing three inches from the test dummy's chest and release until the webbing is within one inch of the test dummy's chest and measure the belt contact force. S10.9 Manual belt adjustment for dynamic testing. With the test dummy positioned in accordance with S10.1 through S10.6 of this standard and the seating position adjusted in accordance with S8.1.2 and S8.1.3 of this standard, place the Type 2 manual belt around the test dummy and fasten the latch. Remove all slack from the lap belt portion. Pull the upper torso webbing out of the retractor and allow it to retract; repeat this four times. Apply a 2 to 4 pound tension load to the lap belt. If the belt system is equipped with a tension-relieving device, introduce the maximum amount of slack into the upper torso belt that is recommended by the vehicle manufacturer in the vehicle's owner's manual. If the belt system is not equipped with a tension-relieving device, allow the excess webbing in the upper torso belt to be retracted by the retractive force of the retractor. S11. [Reserved] S12. Temporary Exemption from Requirement for Inflatable Restraint System. S12.1 Scope. This section establishes procedures for filing and processing applications for temporary exemption from the requirements in this standard that vehicles be equipped with inflatable restraint systems. S12.2 Definitions. Line means a name that a manufacturer applies to a group of motor vehicles of the same make which have the same body or chassis, or otherwise are similar in construction or design. A line may, for example, include 2-door, 4-door, station wagon, and hatchback vehicles of the same make. S12.3 Standard of review. In order to receive a temporary exemption from the inflatable restraint requirement, a vehicle manufacturer must demonstrate in its application that there has been a disruption in the supply of one or more inflatable restraint system components, or a disruption in the use and installation by the manufacturer of any such component due to unavoidable events not under the control of the manufacturer, which will prevent a manufacturer from meeting its anticipated production volume of vehicles with inflatable restraint systems. S12.4 Exemption applications--General requirements. Each application for a temporary exemption from the inflatable restraint requirements must-- (a) Be written in the English language; (b) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590; (c) State the full name and address of the manufacturer, the nature of its organization (individual, partnership, corporation, etc.), and the name of the State or country under the laws of which it is organized; (d) Identify the motor vehicle line or lines for which the temporary exemption is being sought; (e) Set forth in full the data, views, and arguments of the manufacturer that would support granting the temporary exemption, including the specific information required by S12.5; and (f) Specify and segregate any part of the information and data submitted in the application that should be withheld from public disclosure in accordance with part 512 of this chapter. S12.5 Exemption applications--Specific content requirements. Each application for a temporary exemption from the inflatable restraint requirement must include: (a) A clear and specific identification of any component in the inflatable restraint system that has become unavailable due to circumstances beyond the manufacturer's control, and a diagram showing the location of such component within the restraint system and within the vehicle; (b) A clear and specific explanation of the cause or causes of the disruption in the supply of the component, and a showing that such disruption is beyond the control of the manufacturer; [[Page 816]] (c) An estimate of the length of time that will be needed to correct the disruption and again incorporate the subject components into current production, or an explanation of why it is not possible to provide such an estimate; (d) A complete statement of the bases for the manufacturer's belief that NHTSA should grant a temporary exemption in response to this application; (e) An unconditional statement by the manufacturer that it will recall every vehicle for which a temporary exemption is requested in the application, to install all missing inflatable restraint systems; (f) A plan setting forth steps the manufacturer will take to ensure that as many exempted vehicles as possible will be returned for installation of missing inflatable restraint systems; (g) A proposed reasonable period of time after the disruption in the supply of inflatable restraint system components is corrected that the manufacturer estimates will ensure a sufficient quantity of components for both anticipated production and retrofit of those vehicles for which a temporary exemption is requested in the application, so that the vehicle manufacturer can recall those vehicles for which a temporary exemption is requested and install inflatable restraint systems in them, together with a demonstration of why the manufacturer believes this proposed period of time is reasonable for completing this recall, or an explanation of why it is not possible to provide such an estimate; (h) A proposed date for termination of the exemption; (i) A proposed date by which all exempted vehicles will have been recalled and had inflatable restraints installed (assuming owners returned their vehicles in a timely matter in response to a first notice by the manufacturer), or an explanation of why it is not possible to provide such an estimate. S12.6 Processing an application for a temporary exemption. (a) NHTSA will process any application for temporary exemption that contains the information specified in S12.4 and S12.5. If an application fails to provide the information specified in S12.4 and S12.5, NHTSA will not process the application, but will advise the manufacturer of the information that must be provided if the agency is to process the application. (b) Notice of each application for temporary exemption shall be published in the Federal Register. (c) NHTSA will issue its decision to grant or deny the requested temporary exemption not later than 15 days after the agency receives a complete petition, as defined in paragraph (a). However, a failure to issue a decision within this time does not result in a grant of the petition. (d) Notice of each decision to grant or deny a temporary exemption, and the reasons for granting or denying it, will be published in the Federal Register. (e) The Administrator may attach such conditions as he or she deems appropriate to a temporary exemption, including but not limited to requiring manufacturers to provide progress reports at specified times (including, as appropriate and to the extent possible, estimate of dates and times concerning when a supply disruption will be corrected and when recall will take place) and requiring manufacturers to take specific steps to ensure that as many exempted vehicles as possible will be returned for installation of missing inflatable restraint systems. (f) Unless a later effective date is specified in a notice announcing an agency decision to grant a temporary exemption, a temporary exemption from the inflatable restraint requirement will become effective upon the date the decision is issued. S12.7 Labels and written notice announcing temporary exemption. S12.7.1 It shall be a condition of every temporary exemption from the inflatable restraint requirement that the manufacturer of exempted vehicles comply with the provisions of S12.7.2 and S12.7.3. S12.7.2 (a) The manufacturer of any vehicle granted a temporary exemption from the inflatable restraint requirement shall affix a label within the passenger compartment of such vehicle. The label shall set forth the following information in block capital letters and numerals not less than three thirty-seconds of an inch high: [[Page 817]] THIS VEHICLE DOES NOT CONTAIN AN AIR BAG IN CONFORMANCE WITH THE FEDERAL MOTOR VEHICLE SAFETY STANDARD FOR OCCUPANT CRASH PROTECTION. IT WAS EXEMPTED PURSUANT TO NHTSA EXEMPTION NO. (insert number assigned by NHTSA). (b) This label shall not be removed until after the vehicle manufacturer has recalled the vehicle and installed an inflatable restraint system at those seating positions for which it was granted an exemption. S12.7.3 The manufacturer of any vehicle that is delivered without an inflatable restraint system, pursuant to a temporary exemption granted under this section, shall, at the time of delivery of the vehicle, provide a written notice to the dealer to whom the vehicle is delivered. The manufacturer shall also provide a written notice by registered mail to the first purchaser of the vehicle for purposes other than resale, within two weeks after purchase. Unless otherwise provided for by the Administrator in the exemption, such notice shall provide the following information: (a) This vehicle does not conform to Federal Motor Vehicle Safety Standard No. 208, because it is not equipped with an inflatable restraint at (insert the affected seating positions). (b) The vehicle was allowed to be sold pursuant to NHTSA Exemption No. (insert appropriate exemption number). (c) The reason this vehicle was exempted from the requirement for an inflatable restraint was because of factors beyond the manufacturer's control. (d) The manufacturer will recall this vehicle not later than (insert the time set forth in the exemption) and install the missing inflatable restraint at no charge. (e) If the reader has any questions or would like some further information, he or she may contact the manufacturer at (insert an address and telephone number). S13 Alternative unbelted test available, under S3(b) of this standard, for certain vehicles manufactured before September 1, 2006. S13.1 Instrumentation for Impact Test--Part 1--Electronic Instrumentation. Under the applicable conditions of S8, mount the vehicle on a dynamic test platform at the vehicle attitude set forth in S13.3, so that the longitudinal center line of the vehicle is parallel to the direction of the test platform travel and so that movement between the base of the vehicle and the test platform is prevented. The test platform is instrumented with an accelerometer and data processing system having a frequency response of 60 channel class as specified in SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5). The accelerometer sensitive axis is parallel to the direction of test platform travel. The test is conducted at a velocity change approximating 48 km/h (30 mph) with acceleration of the test platform such that all points on the crash pulse curve within the corridor identified in Figure 6 are covered. An inflatable restraint is to be activated at 20 ms 2 ms from the time that 0.5 g is measured on the dynamic test platform. The test dummy specified in S8.1.8, placed in each front outboard designated seating position as specified in S10, excluding S10.7, S10.8, and S10.9, shall meet the injury criteria of S6.1, S6.2(a), S6.3, S6.4(a), S6.5, and S13.2 of this standard. S13.2 Neck injury criteria. A vehicle certified to this alternative test requirement shall, in addition to meeting the criteria specified in S13.1, meet the following injury criteria for the neck, measured with the six axis load cell (ref. Denton drawing C-1709) that is mounted between the bottom of the skull and the top of the neck as shown in Drawing 78051-218, in the unbelted sled test: (a) Flexion Bending Moment (calculated at the occipital condyle)-- 190 Nm. SAE Class 600. (b) Extension Bending Moment (calculated at the occipital condyle)-- 57 Nm. SAE Class 600. (c) Axial Tension--3300 peak N. SAE Class 1000. (d) Axial Compression--4000 peak N. SAE Class 1000. (e) Fore-and-Aft Shear--3100 peak N. SAE Class 1000. S13.3 Vehicle test attitude. When the vehicle is in its ``as delivered'' condition, measure the angle between the left side door sill and the horizontal. Mark where the angle is taken on the door sill. The ``as delivered'' condition [[Page 818]] is the vehicle as received at the test site, with 100 percent of all fluid capacities and all tires inflated to the manufacturer's specifications as listed on the vehicle's tire placard. When the vehicle is in its ``fully loaded'' condition, measure the angle between the left side door sill and the horizontal, at the same place the ``as delivered'' angle was measured. The ``fully loaded'' condition is the test vehicle loaded in accordance with S8.1.1(a) or (b) of Standard No. 208, as applicable. The load placed in the cargo area shall be centered over the longitudinal centerline of the vehicle. The pretest door sill angle, when the vehicle is on the sled, (measured at the same location as the as delivered and fully loaded condition) shall be equal to or between the as delivered and fully loaded door sill angle measurements. S13.4 Tires and wheels. Remove the tires and wheels. S13.5. Vehicle Securing. The engine, transmissions, axles, exhaust, vehicle frame, and vehicle body may be rigidly secured to the vehicle and/or the sled, and fluids, batteries and unsecured components may be removed, in order to assure that all points on the crash pulse curve are within the corridor defined in Figure 6. S14 Advanced air bag requirements for passenger cars and for trucks, buses, and multipurpose passenger vehicles with a GVWR of 3,855 kg (8500 pounds) or less and an unloaded vehicle weight of 2,495 kg (5500 pounds) or less, except for walk-in van-type trucks or vehicles designed to be sold exclusively to the U.S. Postal Service. S14.1 Vehicles manufactured on or after September 1, 2003, and before September 1, 2006. (a) For vehicles manufactured for sale in the United States on or after September 1, 2003, and before September 1, 2006, a percentage of the manufacturer's production, as specified in S14.1.1, shall meet the requirements specified in S14.5.1(a), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 (in addition to the other requirements specified in this standard). (b) Manufacturers that sell three or fewer carlines, as that term is defined at 49 CFR 585.4, in the United States may, at the option of the manufacturer, meet the requirements of this paragraph instead of paragraph (a) of this section. At least 95 percent of the vehicles manufactured by the manufacturer on or after September 1, 2005 and before September 1, 2006 shall meet the requirements specified in S14.5.1(a), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 (in addition to the other requirements specified in this standard). (c) Vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having previously been certified in accordance with part 567 of this chapter are not subject to the requirements of S14.1. (d) Vehicles that are manufactured by an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States are not subject to the requirements of S14.1. S14.1.1 Phase-in schedule. S14.1.1.1 Vehicles manufactured on or after September 1, 2003, and before September 1, 2004. Subject to S14.1.2(a), for vehicles manufactured by a manufacturer on or after September 1, 2003, and before September 1, 2004, the amount of vehicles complying with S14.5.1(a), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25, shall be not less than 20 percent of: (a) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years prior to September 1, 2003, the manufacturer's average annual production of vehicles manufactured on or after September 1, 2001, and before September 1, 2004, or (b) The manufacturer's production on or after September 1, 2003, and before September 1, 2004. S14.1.1.2 Vehicles manufactured on or after September 1, 2004, and before September 1, 2005. Subject to S14.1.2(b), for vehicles manufactured by a manufacturer on or after September 1, 2004, and before September 1, 2005, the amount of vehicles complying with S14.5.1(a), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 shall be not less than 65 percent of: (a) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years prior to September 1, 2004, [[Page 819]] the manufacturer's average annual production of vehicles manufactured on or after September 1, 2002, and before September 1, 2005, or (b) The manufacturer's production on or after September 1, 2004, and before September 1, 2005. S14.1.1.3 Vehicles manufactured on or after September 1, 2005, and before September 1, 2006. Subject to S14.1.2(c), for vehicles manufactured by a manufacturer on or after September 1, 2005, and before September 1, 2006, the amount of vehicles complying with S14.5.1(a), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 shall be 100 percent of the manufacturer's production during that period. S14.1.2 Calculation of complying vehicles. (a) For the purposes of complying with S14.1.1.1, a manufacturer may count a vehicle if it is manufactured on or after June 12, 2000, but before September 1, 2004. (b) For purposes of complying with S14.1.1.2, a manufacturer may count a vehicle if it: (1) Is manufactured on or after June 12, 2000, but before September 1, 2005, and (2) Is not counted toward compliance with S14.1.1.1. (c) For purposes of complying with S14.1.1.3, a manufacturer may count a vehicle if it: (1) Is manufactured on or after June 12, 2000, but before September 1, 2006, and (2) Is not counted toward compliance with S14.1.1.1 or S14.1.1.2. S14.1.3 Vehicles produced by more than one manufacturer. S14.1.3.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S14.1.1, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S14.1.3.2. (a) A vehicle that is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S14.1.3.2 A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S14.1.3.1. S14.2 Vehicles manufactured on or after September 1, 2006. Each vehicle shall meet the requirements specified in S14.5.1(a), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 (in addition to the other requirements specified in this standard). S14.3 Vehicles manufactured on or after September 1, 2007, and before September 1, 2010. (a) For vehicles manufactured for sale in the United States on or after September 1, 2007, and before September 1, 2010, a percentage of the manufacturer's production, as specified in S14.3.1, shall meet the requirements specified in S14.5.1(b) (in addition to the other requirements of this standard). (b) Manufacturers that sell two or fewer carlines, as that term is defined at 49 CFR 583.4, in the United States may, at the option of the manufacturer, meet the requirements of this paragraph instead of paragraph (a) of this section. Each vehicle manufactured on or after September 1, 2008, and before September 1, 2010, shall meet the requirements specified in S14.5.1(b) (in addition to the other requirements specified in this standard). (c) Vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having been previously certified in accordance with part 567 of this chapter are not subject to the requirements of S14.3. (d) Vehicles that are manufactured by an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States are not subject to the requirements of S14.3. S14.3.1 Phase-in schedule. S14.3.1.1 Vehicles manufactured on or after September 1, 2007, and before September 1, 2008. Subject to S14.3.2(a), for [[Page 820]] vehicles manufactured by a manufacturer on or after September 1, 2007, and before September 1, 2008, the amount of vehicles complying with S14.5.1(b), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25, shall be not less than 35 percent of: (a) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years prior to September 1, 2007, the manufacturer's average annual production of vehicles manufactured on or after September 1, 2005, and before September 1, 2008, or (b) The manufacturer's production on or after September 1, 2007, and before September 1, 2008. S14.3.1.2 Vehicles manufactured on or after September 1, 2008, and before September 1, 2009. Subject to S14.3.2(b), for vehicles manufactured by a manufacturer on or after September 1, 2008, and before September 1, 2009, the amount of vehicles complying with S14.5.1(b), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 shall be not less than 65 percent of: (a) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years prior to September 1, 2008, the manufacturer's average annual production of vehicles manufactured on or after September 1, 2006 and before September 1, 2009, or (b) The manufacturer's production on or after September 1, 2008, and before September 1, 2009. S14.3.1.3 Vehicles manufactured on or after September 1, 2009, and before September 1, 2010. Subject to S14.3.2(c), for vehicles manufactured by a manufacturer on or after September 1, 2009, and before September 1, 2010, the amount of vehicles complying with S14.5.1(b), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 shall be 100 percent of the manufacturer's production during that period. S14.3.2 Calculation of complying vehicles. (a) For the purposes of complying with S14.3.1.1, a manufacturer may count a vehicle if it is manufactured on or after September 1, 2006, but before September 1, 2008. (b) For purposes of complying with S14.3.1.2, a manufacturer may count a vehicle if it: (1) Is manufactured on or after September 1, 2006, but before September 1, 2009, and (2) Is not counted toward compliance with S14.3.1.1. (c) For purposes of complying with S14.3.1.3, a manufacturer may count a vehicle if it: (1) Is manufactured on or after September 1, 2006, but before September 1, 2010, and (2) Is not counted toward compliance with S14.3.1.1 or S14.3.1.2. S14.3.3 Vehicles produced by more than one manufacturer. S14.3.3.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S14.3.1, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S14.3.3.2. (a) A vehicle that is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S14.3.3.2 A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S14.3.3.1. S14.4 Vehicles manufactured on or after September 1, 2010. Each vehicle shall meet the requirements specified in S14.5.1(b), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 (in addition to the other requirements specified in this standard). S14.5 Barrier test requirements using 50th percentile adult male dummies. S14.5.1 Rigid barrier belted test. (a) Each vehicle that is certified as complying with S14.1 or S14.2 shall, at each front outboard designated seating position, meet the injury criteria specified [[Page 821]] in S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 when tested under S5.1.1(b)(1). (b) Each vehicle that is certified as complying with S14.3 or S14.4 shall, at each front outboard designated seating position, meet the injury criteria specified in S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 when tested under S5.1.1(b)(2). S14.5.2 Rigid barrier unbelted test. Each vehicle that is certified as complying with S14 shall, at each front outboard designated seating position, meet the injury criteria specified in S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 when tested under S5.1.2(b). S14.6 Vehicles manufactured on or after September 1, 2009, and before September 1, 2012 (Phase-in of higher maximum speed (56 km/h (35 mph)) belted test requirement using 5th percentile adult female dummies). (a) For vehicles manufactured for sale in the United States on or after September 1, 2009, and before September 1, 2012, a percentage of the manufacturer's production, as specified in S14.6.1, shall meet the requirements specified in S15.1(b) (in addition to the other requirements specified in this standard). (b) Manufacturers that sell two or fewer carlines, as that term is defined at 49 CFR 583.4, in the United States may, at the option of the manufacturer, meet the requirements of this paragraph instead of paragraph (a) of this section. Each vehicle manufactured on or after September 1, 2010, and before September 1, 2012, shall meet the requirements specified in S15.1(b) (in addition to the other requirements specified in this standard). (c) Vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having previously been certified in accordance with part 567 of this chapter are not subject to the requirements of S14.6. (d) Vehicles that are manufactured by an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States are not subject to the requirements of S14.6. S14.6.1 Phase-in schedule. S14.6.1.1 Vehicles manufactured on or after September 1, 2009, and before September 1, 2010. Subject to S14.6.2(a), for vehicles manufactured by a manufacturer on or after September 1, 2009, and before September 1, 2010, the amount of vehicles complying with S15.1(b) shall be not less than 35 percent of: (a) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years prior to September 1, 2009, the manufacturer's average annual production of vehicles manufactured on or after September 1, 2007, and before September 1, 2010, or (b) The manufacturer's production on or after September 1, 2009, and before September 1, 2010. S14.6.1.2 Vehicles manufactured on or after September 1, 2010, and before September 1, 2011. Subject to S14.6.2(b), for vehicles manufactured by a manufacturer on or after September 1, 2010, and before September 1, 2011, the amount of vehicles complying with S15.1(b) shall be not less than 65 percent of: (a) If the manufacturer has manufactured vehicles for sale in the United States during both of the two production years prior to September 1, 2010, the manufacturer's average annual production of vehicles manufactured on or after September 1, 2008 and before September 1, 2011, or (b) The manufacturer's production on or after September 1, 2010, and before September 1, 2011. S14.6.1.3 Vehicles manufactured on or after September 1, 2011, and before September 1, 2012. Subject to S14.6.2(c), for vehicles manufactured by a manufacturer on or after September 1, 2011, and before September 1, 2012, the amount of vehicles complying with S15.1(b) shall be 100 percent of the manufacturer's production during that period. S14.6.2 Calculation of complying vehicles. (a) For the purposes of complying with S14.6.1.1, a manufacturer may count a vehicle if it is manufactured on or after September 1, 2008, but before September 1, 2010. (b) For purposes of complying with S14.6.1.2, a manufacturer may count a vehicle if it: (1) Is manufactured on or after September 1, 2008, but before September 1, 2011, and (2) Is not counted toward compliance with S14.6.1.1. [[Page 822]] (c) For purposes of complying with S14.6.1.3, a manufacturer may count a vehicle if it: (1) Is manufactured on or after September 1, 2008, but before September 1, 2012, and (2) Is not counted toward compliance with S14.6.1.1 or S14.6.1.2. S14.6.3 Vehicles produced by more than one manufacturer. S14.6.3.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S14.6.1, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S14.6.3.2. (a) A vehicle that is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S14.6.3.2 A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S14.6.3.1. S14.7 Vehicles manufactured on or after September 1, 2012. (Higher maximum speed (56km/h (35 mph)) belted test requirement using 5th percentile adult female dummies). Each vehicle shall meet the requirements specified in S15.1(b) (in addition to the other requirements specified in this standard). However, vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having been previously certified in accordance with part 567 of this chapter may comply with the requirements specified in S15.1(a) instead of S15.1(b), if they are manufactured before September 1, 2013. S14.8 Vehicles manufactured on or after September 1, 2009 and before September 1, 2010. Vehicles manufactured on or after September 1, 2009 and before September 1, 2010, shall comply with S14.8.1 through S14.8.4. At any time during the production year ending August 31, 2010, each manufacturer shall, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles by make, model and vehicle identification number that have been certified as complying with S19, S21, and S23 (in addition to the other requirements specified in this standard) when using the child restraint systems specified in appendix A-1 of this standard. The manufacturer's designation of a vehicle as meeting the requirements when using the child restraint systems in appendix A-1 of this standard is irrevocable. S14.8.1 Subject to S14.8.2, for vehicles manufactured on or after September 1, 2009, the number of vehicles certified as complying with S19, S21, and S23 when using the child restraint systems specified in appendix A-1 of this standard shall be not less than 50 percent of: (a) The manufacturer's average annual production of vehicles subject to S19, S21, and S23 of this standard manufactured on or after September 1, 2006 and before September 1, 2009; or (b) The manufacturer's production of vehicles subject to S19, S21, and S23 manufactured on or after September 1, 2009 and before September 1, 2010. S14.8.2 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S14.8.1, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as provided in S14.8.2(a) through (c), subject to S14.8.3. (a) A vehicle which is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer which markets the vehicle. (c) A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would [[Page 823]] otherwise be attributed under S14.8.2(a) or (b). S14.8.3 For the purposes of calculating average annual production of vehicle for each manufacturer and the number of vehicles by each manufacturer under S14.8.1, each vehicle that is excluded from the requirement to test with child restraints listed in appendix A or A-1 of this standard is not counted. S14.8.4 Until September 1, 2011, vehicles manufactured by a final- stage manufacturer or alterer could be certified as complying with S19, S21, and S23 when using the child restraint systems specified in appendix A. Vehicles manufactured on or after September 1, 2011 by these manufacturers must be certified as complying with S19, S21, and S23 when using the child restraint systems specified in appendix A-1. S14.8.5 Until September 1, 2011, manufacturers selling fewer than 5,000 vehicles per year in the U.S. may certify their vehicles as complying with S19, S21, and S23 when using the child restraint systems specified in Appendix A. Vehicles manufactured on or after September 1, 2011 by these manufacturers must be certified as complying with S19, S21, and S23 when using the child restraint systems specified in Appendix A-1. S15 Rigid barrier test requirements using 5th percentile adult female dummies. S15.1 Belted Test. (a) Each vehicle that is certified as complying with S14.1 or S14.2 shall, at each front outboard designated seating position, meet the injury criteria specified in S15.3 when tested under S16.1(a)(1). (b) Each vehicle that is certified as complying with S14.6 or S14.7 shall, at each front outboard designated seating position, meet the injury criteria specified in S15.3 when tested under S16.1(a)(2). S15.2 Unbelted test. Each vehicle that is certified as complying with S14 shall, at each front outboard designated seating position, meet the injury criteria specified in S15.3 of this standard when the vehicle is crash tested in accordance with the procedures specified in S16.1(b) of this standard with the anthropomorphic test devices unbelted. S15.3 Injury criteria for the 49 CFR part 572, subpart O Hybrid III 5th percentile female test dummy. S15.3.1 All portions of the test dummy shall be contained within the outer surfaces of the vehicle passenger compartment. S15.3.2 Head injury criteria. (a) For any two points in time, t1 and t2, during the event which are separated by not more than a 15 millisecond time interval and where t1 is less than t2, the head injury criterion (HIC15) shall be determined using the resultant head acceleration at the center of gravity of the dummy head, ar, expressed as a multiple of g (the acceleration of gravity) and shall be calculated using the expression: [GRAPHIC] [TIFF OMITTED] TR12MY00.005 (b) The maximum calculated HIC15 value shall not exceed 700. S15.3.3 The resultant acceleration calculated from the output of the thoracic instrumentation shall not exceed 60 g's, except for intervals whose cumulative duration is not more than 3 milliseconds. S15.3.4 Compression deflection of the sternum relative to the spine, as determined by instrumentation, shown shall not exceed 52 mm (2.0 in). S15.3.5 The force transmitted axially through each femur shall not exceed 6805 N (1530 lb). S15.3.6 Neck injury. When measuring neck injury, each of the following injury criteria shall be met. (a) Nij. (1) The shear force (Fx), axial force (Fz), and bending moment (My) shall be measured by the dummy upper neck load cell for the duration of the crash event as specified in S4.11. Shear force, axial force, and bending moment shall be filtered for Nij purposes at SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5) Channel Frequency Class 600. (2) During the event, the axial force (Fz) can be either in tension or compression while the occipital condyle bending moment (Mocy) can be in either flexion or extension. This results in four possible loading conditions for Nij: Tension-extension (Nte), tension- [[Page 824]] flexion (Ntf), compression-extension (Nce), or compression-flexion (Ncf). (3) When calculating Nij using equation S15.3.6(a)(4), the critical values, Fzc and Myc, are: (i) Fzc = 4287 N (964 lbf) when Fz is in tension (ii) Fzc = 3880 N (872 lbf) when Fz is in compression (iii) Myc = 155 Nm (114 lbf-ft) when a flexion moment exists at the occipital condyle (iv) Myc = 67 Nm (49 lbf-ft) when an extension moment exists at the occipital condyle. (4) At each point in time, only one of the four loading conditions occurs and the Nij value corresponding to that loading condition is computed and the three remaining loading modes shall be considered a value of zero. The expression for calculating each Nij loading condition is given by: Nij = (Fz/Fzc) + (Mocy/Myc) (5) None of the four Nij values shall exceed 1.0 at any time during the event. (b) Peak tension. Tension force (Fz), measured at the upper neck load cell, shall not exceed 2620 N (589 lbf) at any time. (c) Peak compression. Compression force (Fz), measured at the upper neck load cell, shall not exceed 2520 N (566 lbf) at any time. S15.3.7 Unless otherwise indicated, instrumentation for data acquisition, data channel frequency class, and moment calculations are the same as given for the 49 CFR part 572, subpart O Hybrid III 5th percentile female test dummy. S16. Test procedures for rigid barrier test requirements using 5th percentile adult female dummies. S16.1 General provisions. Crash testing to determine compliance with the requirements of S15 of this standard is conducted as specified in the following paragraphs (a) and (b). (a) Belted test--(1) Vehicles certified to S14.1 or S14.2. Place a 49 CFR Part 572 Subpart O 5th percentile adult female test dummy at each front outboard seating position of a vehicle, in accordance with the procedures specified in S16.3 of this standard. Impact the vehicle traveling longitudinally forward at any speed, up to and including 48 km/h (30 mph), into a fixed rigid barrier that is perpendicular within a tolerance of 5 degrees to the line of travel of the vehicle under the applicable conditions of S16.2 of this standard. (2) Vehicles certified to S14.6 or S14.7. Place a 49 CFR Part 572 Subpart O 5th percentile adult female test dummy at each front outboard seating position of a vehicle, in accordance with the procedures specified in S16.3 of this standard. Impact the vehicle traveling longitudinally forward at any speed, up to and including 56km/h (35 mph), into a fixed rigid barrier that is perpendicular within a tolerance of 5 degrees to the line of travel of the vehicle under the applicable conditions of S16.2 of this standard. (b) Unbelted test. Place a 49 CFR Part 572 Subpart O 5th percentile adult female test dummy at each front outboard seating position of a vehicle, in accordance with the procedures specified in S16.3 of this standard, except S16.3.5. Impact the vehicle traveling longitudinally forward at any speed, from 32 km/h (20 mph) to 40 km/h (25 mph), inclusive, into a fixed rigid barrier that is perpendicular within a tolerance of 5 degrees to the line of travel of the vehicle under the applicable conditions of S16.2 of this standard. S16.2 Test conditions. S16.2.1 The vehicle, including test devices and instrumentation, is loaded as in S8.1.1. S16.2.2 Movable vehicle windows and vents are placed in the fully closed position, unless the vehicle manufacturer chooses to specify a different adjustment position prior to the time the vehicle is certified. S16.2.3 Convertibles and open-body type vehicles have the top, if any, in place in the closed passenger compartment configuration. S16.2.4 Doors are fully closed and latched but not locked. S16.2.5 The dummy is clothed in form fitting cotton stretch garments with short sleeves and above the knee length pants. A size 7\1/2\ W shoe which meets the configuration and size specifications of MIL-S-21711E (incorporated by reference, see Sec. 571.5) or its equivalent is placed on each foot of the test dummy. [[Page 825]] S16.2.6 Limb joints are set at one g, barely restraining the weight of the limb when extended horizontally. Leg joints are adjusted with the torso in the supine position. S16.2.7 Instrumentation shall not affect the motion of dummies during impact. S16.2.8 The stabilized temperature of the dummy is at any level between 20.6 [deg]C and 22.2 [deg]C (69 [deg]F to 72 [deg]F). S16.2.9 Steering control adjustment. S16.2.9.1 Adjust a tiltable steering control, if possible, so that the steering control hub is at the geometric center of its full range of driving positions. S16.2.9.2 If there is no setting detent at the mid-position, lower the steering control to the detent just below the mid-position. S16.2.9.3 If the steering column is telescoping, place the steering column in the mid-position. If there is no mid-position, move the steering control rearward one position from the mid-position. S16.2.10 Front seat set-up. S16.2.10.1 Lumbar support adjustment. Position adjustable lumbar supports so that the lumbar support is in its lowest, retracted or deflated adjustment position. S16.2.10.2 Other seat adjustments. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. Position any adjustable head restraint in the lowest and most forward position. S16.2.10.3 Seat position adjustment. If the front right outboard passenger seat does not adjust independently of the front left outboard seat, the front left outboard seat shall control the final position of the front right outboard passenger seat. If an inboard passenger seat does not adjust independently of an outboard seat, the outboard seat shall control the final position of the inboard passenger seat. S16.2.10.3.1 Using only the controls that primarily move the seat and seat cushion independent of the seat back in the fore and aft directions, move the seat cushion reference point (SCRP) to the rearmost position. Using any part of any control, other than those just used, determine the full range of angles of the seat cushion reference line and set the seat cushion reference line to the middle of the range. Using any part of any control other than those that primarily move the seat or seat cushion fore and aft, while maintaining the seat cushion reference line angle, place the SCRP to its lowest position. S16.2.10.3.2 Using only the control that primarily moves the seat fore and aft, move the SCRP to the full forward position. S16.2.10.3.3 If the seat or seat cushion height is adjustable, other than by the controls that primarily move the seat or seat cushion fore and aft, determine the maximum and minimum heights of the SCRP, while maintaining, as closely as possible, the angle determined in S16.2.10.3.1. Set the SCRP at the midpoint height with the seat cushion reference line angle set as closely as possible to the angle determined in S16.2.10.3.1. Mark location of the seat for future reference. S16.3 Dummy seating positioning procedures. The 49 CFR Part 572 Subpart O 5th percentile adult female test dummy is positioned as follows: S16.3.1 General provisions and definitions. S16.3.1.1 All angles are measured with respect to the horizontal plane unless otherwise stated. S16.3.1.2 The dummy's neck bracket is adjusted to align the zero degree index marks. S16.3.1.3 The term ``midsagittal plane'' refers to the vertical plane that separates the dummy into equal left and right halves. S16.3.1.4 The term ``vertical longitudinal plane'' refers to a vertical plane parallel to the vehicle's longitudinal centerline. S16.3.1.5 The term ``vertical plane'' refers to a vertical plane, not necessarily parallel to the vehicle's longitudinal centerline. S16.3.1.6 The term ``transverse instrumentation platform'' refers to the transverse instrumentation surface inside the dummy's skull casting to which the neck load cell mounts. This surface is perpendicular to the skull cap's machined inferior-superior mounting surface. S16.3.1.7 The term ``thigh'' refers to the femur between, but not including, the knee and the pelvis. [[Page 826]] S16.3.1.8 The term ``leg'' refers to the lower part of the entire leg, including the knee. S16.3.1.9 The term ``foot'' refers to the foot, including the ankle. S16.3.1.10 The longitudinal centerline of a bucket seat cushion is defined by a vertical plane that passes through the SgRP and is parallel to the longitudinal centerline of the vehicle. S16.3.1.11 For leg and thigh angles, use the following references: S16.3.1.11.1 Thigh--a straight line on the thigh skin between the center of the 1/2-13 UNC-2B tapped hole in the upper leg femur clamp (see drawings 880105-504 (left thigh) and 880105-505 (right thigh), upper leg femur clamp) and the knee pivot shoulder bolt (part 880105-527 in drawing 880105-528R & 528L, sliding knee assembly without potentiometer). S16.3.1.11.2 Leg--a straight line on the leg skin between the center of the ankle shell (parts 880105-609 & 633 in drawing 880105-660, ankle assembly) and the knee pivot shoulder bolt (part 880105-527 in drawing 880105-528R & 528L, sliding knee assembly without potentiometer). S16.3.1.12 The term ``seat cushion reference point'' (SCRP) means a point placed on the outboard side of the seat cushion at a horizontal distance between 150 mm (5.9 in) and 250 mm (9.8 in) from the front edge of the seat used as a guide in positioning the seat. S16.3.1.13 The term ``seat cushion reference line'' means a line on the side of the seat cushion, passing through the seat cushion reference point, whose projection in the vehicle vertical longitudinal plane is straight and has a known angle with respect to the horizontal. S16.3.2 Driver dummy positioning. S16.3.2.1 Driver torso/head/seat back angle positioning. S16.3.2.1.1 With the seat in the position determined in S16.2.10.3.3, use only the control that primarily moves the seat fore and aft to place the seat in the rearmost position. If the seat cushion reference line angle automatically changes as the seat is moved from the full forward position, maintain, as closely as possible, the seat cushion reference line angle determined in S16.2.10.3.1, for the final forward position when measuring the pelvic angle as specified in S16.3.2.1.11. The seat cushion reference angle position may be achieved through the use of any seat or seat cushion adjustments other than that which primarily moves the seat or seat cushion fore-aft. S16.3.2.1.2 Fully recline the seat back, if adjustable. Install the dummy into the driver's seat, such that when the legs are positioned 120 degrees to the thighs, the calves of the legs are not touching the seat cushion. S16.3.2.1.3 Bucket seats. Place the dummy on the seat cushion so that its midsagittal plane is vertical and coincides with the vertical longitudinal plane through the center of the seat cushion, within 10 mm (0.4 in). S16.3.2.1.4 Bench seats. Position the midsagittal plane of the dummy vertical and parallel to the vehicle's longitudinal centerline and aligned within 10 mm (0.4 in) of the center of the steering control. S16.3.2.1.5 Hold the dummy's thighs down and push rearward on the upper torso to maximize the dummy's pelvic angle. S16.3.2.1.6 Place the legs at 120 degrees to the thighs. Set the initial transverse distance between the longitudinal centerlines at the front of the dummy's knees at 160 to 170 mm (6.3 to 6.7 in), with the thighs and legs of the dummy in vertical planes. Push rearward on the dummy's knees to force the pelvis into the seat so there is no gap between the pelvis and the seat back or until contact occurs between the back of the dummy's calves and the front of the seat cushion. S16.3.2.1.7 Gently rock the upper torso laterally in a side to side motion three times through a 5 degree arc (approximately 51 mm (2 in) side to side). S16.3.2.1.8 If needed, extend the legs slightly so that the feet are not in contact with the floor pan. Let the thighs rest on the seat cushion to the extent permitted by the foot movement. Keeping the leg and the thigh in a vertical plane, place the foot in the vertical longitudinal plane that passes through the centerline of the accelerator pedal. Rotate the left thigh outboard about the hip until the center of the knee is the same distance from the midsagittal [[Page 827]] plane of the dummy as the right knee 5 mm (0.2 in). Using only the control that primarily moves the seat fore and aft, attempt to return the seat to the full forward position. If either of the dummy's legs first contacts the steering control, then adjust the steering control, if adjustable, upward until contact with the steering control is avoided. If the steering control is not adjustable, separate the knees enough to avoid steering control contact. Proceed with moving the seat forward until either the leg contacts the vehicle interior or the seat reaches the full forward position. (The right foot may contact and depress the accelerator and/or change the angle of the foot with respect to the leg during seat movement.) If necessary to avoid contact with the vehicles brake or clutch pedal, rotate the test dummy's left foot about the leg. If there is still interference, rotate the left thigh outboard about the hip the minimum distance necessary to avoid pedal interference. If a dummy leg contacts the vehicle interior before the full forward position is attained, position the seat at the next detent where there is no contact. If the seat is a power seat, move the seat fore and aft to avoid contact while assuring that there is a maximum of 5 mm (0.2 in) distance between the vehicle interior and the point on the dummy that would first contact the vehicle interior. If the steering control was moved, return it to the position described in S16.2.9. If the steering control contacts the dummy's leg(s) prior to attaining this position, adjust it to the next higher detent, or if infinitely adjustable, until there is 5 mm (0.2 in) clearance between the control and the dummy's leg(s). S16.3.2.1.9 For vehicles without adjustable seat backs, adjust the lower neck bracket to level the head as much as possible. For vehicles with adjustable seat backs, while holding the thighs in place, rotate the seat back forward until the transverse instrumentation platform of the head is level to within 0.5 degree, making sure that the pelvis does not interfere with the seat bight. Inspect the abdomen to ensure that it is properly installed. If the torso contacts the steering control, adjust the steering control in the following order until there is no contact: Telescoping adjustment, lowering adjustment, raising adjustment. If the vehicle has no adjustments, or contact with the steering control cannot be eliminated by adjustment, position the seat at the next detent where there is no contact with the steering control as adjusted in S16.2.9. If the seat is a power seat, position the seat to avoid contact while assuring that there is a maximum of 5 mm (0.2 in) distance between the steering control as adjusted in S16.2.9 and the point of contact on the dummy. S16.3.2.1.10 If it is not possible to achieve the head level within 0.5 degrees, minimize the angle. S16.3.2.1.11 Measure and set the dummy's pelvic angle using the pelvic angle gauge (drawing TE-2504, incorporated by reference in 49 CFR part 572, subpart O of this chapter). The angle shall be set to 20.0 degrees 2.5 degrees. If this is not possible, adjust the pelvic angle as close to 20.0 degrees as possible while keeping the transverse instrumentation platform of the head as level as possible by adjustments specified in S16.3.2.1.9 and S16.3.2.1.10. S16.3.2.1.12 If the dummy is contacting the vehicle interior after these adjustments, using only the control that primarily moves the seat fore and aft, move the seat rearward until there is a maximum of 5 mm (0.2 in) between the contact point of the dummy and the interior of the vehicle or if it has a manual seat adjustment, to the next rearward detent position. If after these adjustments, the dummy contact point is more than 5 mm (0.2 in) from the vehicle interior and the seat is still not in its forwardmost position, move the seat forward until the contact point is a maximum of 5 mm (0.2 in) from the vehicle interior, or if it has a manual seat adjustment, move the seat to the closest detent position that causes no contact, or until the seat reaches its forwardmost position, whichever occurs first. S16.3.2.2 Driver foot positioning. S16.3.2.2.1 If the vehicle has an adjustable accelerator pedal, adjust it to the full forward position. If the heel of the right foot can contact the floor pan, follow the positioning procedure [[Page 828]] in (a). If not, follow the positioning procedure in (b). (a) Rest the right foot of the test dummy on the undepressed accelerator pedal with the rearmost point of the heel on the floor pan in the plane of the pedal. If the foot cannot be placed on the accelerator pedal, set it initially perpendicular to the leg and then place it as far forward as possible in the direction of the pedal centerline with the rearmost point of the heel resting on the floor pan. If the vehicle has an adjustable accelerator pedal and the right foot is not touching the accelerator pedal when positioned as above, move the pedal rearward until it touches the right foot. If the accelerator pedal in the full rearward position still does not touch the foot, leave the pedal in that position. Extend the foot and lower leg by decreasing the knee flexion angle until any part of the foot contacts the undepressed accelerator pedal. If the foot does not contact the pedal, place the highest part of the foot at the same height as the highest part of the pedal. (b) Extend the foot and lower leg by decreasing the knee flexion angle until any part of the foot contacts the undepressed accelerator pedal or the highest part of the foot is at the same height as the highest part of the pedal. If the vehicle has an adjustable accelerator pedal and the right foot is not touching the accelerator pedal when positioned as above, move the pedal rearward until it touches the right foot. S16.3.2.2.2 If the ball of the right foot does not contact the pedal, increase the ankle plantar flexion angle such that the toe of the foot contacts or is as close as possible to contact with the undepressed accelerator pedal. S16.3.2.2.3 If, in its final position, the heel is off of the vehicle floor, a spacer block must be used under the heel to support the final foot position (see figure 13). The surface of the block in contact with the heel must have an inclination of 30 degrees, measured from the horizontal, with the highest surface towards the rear of the vehicle. S16.3.2.2.4 Place the left foot on the toe-board with the rearmost point of the heel resting on the floor pan as close as possible to the point of intersection of the planes described by the toe-board and floor pan. S16.3.2.2.5 If the left foot cannot be positioned on the toe board, place the foot perpendicular to the lower leg centerline as far forward as possible with the heel resting on the floor pan. S16.3.2.2.6 If the left foot does not contact the floor pan, place the foot parallel to the floor and place the lower leg as perpendicular to the thigh as possible. S16.3.2.2.7 When positioning the test dummy under S16.3.2.2.4, S16.3.2.2.5, and S16.2.2.6, avoid contact between the left foot of the test dummy and the vehicle's brake pedal, clutch pedal, wheel well projection, and foot rest. To avoid this contact, use the three foot position adjustments listed in paragraphs (a) through (c). The adjustment options are listed in priority order, with each subsequent option incorporating the previous. In making each adjustment, move the foot the minimum distance necessary to avoid contact. If it is not possible to avoid all prohibited foot contact, give priority to avoiding brake or clutch pedal contact. (a) Rotate (abduction/adduction) the test dummy's left foot about the lower leg, (b) Plantar flex the foot, (c) Rotate the left leg about the hip in either an outboard or inboard direction. S16.3.2.3 Driver arm/hand positioning. S16.3.2.3.1 Place the dummy's upper arms adjacent to the torso with the arm centerlines as close to a vertical longitudinal plane as possible. S16.3.2.3.2 Place the palms of the dummy in contact with the outer part of the steering control rim at its horizontal centerline with the thumbs over the steering control rim. S16.3.2.3.3 If it is not possible to position the thumbs inside the steering control rim at its horizontal centerline, then position them above and as close to the horizontal centerline of the steering control rim as possible. S16.3.2.3.4 Lightly tape the hands to the steering control rim so that if the hand of the test dummy is pushed upward by a force of not less than 9 N (2 lb) and not more than 22 N (5 lb), the tape releases the hand from the steering control rim. [[Page 829]] S16.3.3 Front outboard passenger dummy positioning. S16.3.3.1 Front outboard passenger torso/head/seat back angle positioning. S16.3.3.1.1 With the seat at the mid-height in the full forward position determined in S16.2.10.3.3, use only the control that primarily moves the seat fore and aft to place the seat in the rearmost position, without adjusting independent height controls. If the seat cushion reference line angle automatically changes as the seat is moved from the full forward position, maintain as closely as possible the seat cushion reference line angle in S16.2.10.3.1, for the final forward position when measuring the pelvic angle as specified in S16.3.3.1.11. The seat cushion reference line angle position may be achieved through the use of any seat or seat cushion adjustments other than that which primarily moves the seat or seat cushion fore-aft. S16.3.3.1.2 Fully recline the seat back, if adjustable. Install the dummy into any front outboard passenger seat, such that when the legs are 120 degrees to the thighs, the calves of the legs are not touching the seat cushion. S16.3.3.1.3 Bucket seats. Place the dummy on the seat cushion so that its midsagittal plane is vertical and coincides with the vertical longitudinal plane through the center of the seat cushion, within 10 mm (0.4 mm). S16.3.3.1.4 Bench seats. Position the midsagittal plane of the dummy vertical and parallel to the vehicle's longitudinal centerline and the same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the midsagittal plane of the driver dummy, if there is a driver's seating position. Otherwise, the midsagittal plane of any front outboard passenger dummy shall be vertical, parallel to the vehicle's longitudinal centerline, and pass, within 10 mm (0.4 in), through the seating reference point of the seat that it occupies. S16.3.3.1.5 Hold the dummy's thighs down and push rearward on the upper torso to maximize the dummy's pelvic angle. S16.3.3.1.6 Place the legs at 120 degrees to the thighs. Set the initial transverse distance between the longitudinal centerlines at the front of the dummy's knees at 160 to 170 mm (6.3 to 6.7 in), with the thighs and legs of the dummy in vertical planes. Push rearward on the dummy's knees to force the pelvis into the seat so there is no gap between the pelvis and the seat back or until contact occurs between the back of the dummy's calves and the front of the seat cushion. S16.3.3.1.7 Gently rock the upper torso laterally side to side three times through a 5 degree arc (approximately 51 mm (2 in) side to side). S16.3.3.1.8 If needed, extend the legs slightly so that the feet are not in contact with the floor pan. Let the thighs rest on the seat cushion to the extent permitted by the foot movement. With the feet perpendicular to the legs, place the heels on the floor pan. If a heel will not contact the floor pan, place it as close to the floor pan as possible. Using only the control that primarily moves the seat fore and aft, attempt to return the seat to the full forward position. If a dummy leg contacts the vehicle interior before the full forward position is attained, position the seat at the next detent where there is no contact. If the seats are power seats, position the seat to avoid contact while assuring that there is a maximum of 5 mm (0.2 in) distance between the vehicle interior and the point on the dummy that would first contact the vehicle interior. S16.3.3.1.9 For vehicles without adjustable seat backs, adjust the lower neck bracket to level the head as much as possible. For vehicles with adjustable seat backs, while holding the thighs in place, rotate the seat back forward until the transverse instrumentation platform of the head is level to within 0.5 degrees, making sure that the pelvis does not interfere with the seat bight. Inspect the abdomen to insure that it is properly installed. S16.3.3.1.10 If it is not possible to orient the head level within 0.5 degrees, minimize the angle. S16.3.3.1.11 Measure and set the dummy's pelvic angle using the pelvic angle gauge (drawing TE-2504, incorporated by reference in 49 CFR Part 572, Subpart O, of this chapter). The angle shall be set to 20.0 degrees 2.5 degrees. If this is not possible, adjust [[Page 830]] the pelvic angle as close to 20.0 degrees as possible while keeping the transverse instrumentation platform of the head as level as possible, as specified in S16.3.3.1.9 and S16.3.3.1.10. S16.3.3.1.12 If the dummy is contacting the vehicle interior after these adjustments, using only the control that primarily moves the seat fore and aft, move the seat rearward until there is a maximum of 5 mm (0.2 in) between the contact point of the dummy and the interior of the vehicle or if it has a manual seat adjustment, to the next rearward detent position. If after these adjustments, the dummy contact point is more than 5 mm (0.2 in) from the vehicle interior and the seat is still not in its forwardmost position, move the seat forward until the contact point is a maximum of 5 mm (0.2 in) from the vehicle interior, or if it has a manual seat adjustment, move the seat to the closest detent position that causes no contact, or until the seat reaches its forwardmost position, whichever occurs first. S16.3.3.2 Front outboard passenger foot positioning. S16.3.3.2.1 Place the passenger's feet flat on the toe board. S16.3.3.2.2 If the feet cannot be placed flat on the toe board, set them perpendicular to the leg centerlines and place them as far forward as possible with the heels resting on the floor pan. If either foot does not contact the floor pan, place the foot parallel to the floor pan and place the lower leg as perpendicular to the thigh as possible. S16.3.3.3 Front outboard passenger arm/hand positioning. S16.3.3.3.1 Place the dummy's upper arms in contact with the seat back and the torso. S16.3.3.3.2 Place the palms of the dummy in contact with the outside of the thighs. S16.3.3.3.3 Place the little fingers in contact with the seat cushion. S16.3.4 Driver and front outboard passenger adjustable head restraints. S16.3.4.1 If the head restraint has an automatic adjustment, leave it where the system positions the restraint after the dummy is placed in the seat. S16.3.4.2 Adjust each head restraint to its lowest position. S16.3.4.3 Measure the vertical distance from the top most point of the head restraint to the bottom most point. Locate a horizontal plane through the midpoint of this distance. Adjust each head restraint vertically so that this horizontal plane is aligned with the center of gravity (CG) of the dummy head. S16.3.4.3 If the above position is not attainable, move the vertical center of the head restraint to the closest detent below the center of the head CG. S16.3.4.4 If the head restraint has a fore and aft adjustment, place the restraint in the forwardmost position or until contact with the head is made, whichever occurs first. S16.3.5 Driver and front outboard passenger manual belt adjustment (for tests conducted with a belted dummy) S16.3.5.1 If an adjustable seat belt D-ring anchorage exists, place it in the manufacturer's design position for a 5th percentile adult female with the seat in the position specified in S16.2.10.3. S16.3.5.2 Place the Type 2 manual belt around the test dummy and fasten the latch. S16.3.5.3 Ensure that the dummy's head remains as level as possible, as specified in S16.3.2.1.9 and S16.3.2.1.10 and S16.3.3.1.9 and S16.3.3.1.10. S16.3.5.4 Remove all slack from the lap belt. Pull the upper torso webbing out of the retractor and allow it to retract; repeat this operation four times. Apply a 9 N (2 lbf) to 18 N (4 lbf) tension load to the lap belt. If the belt system is equipped with a tension-relieving device, introduce the maximum amount of slack into the upper torso belt that is recommended by the manufacturer. If the belt system is not equipped with a tension-relieving device, allow the excess webbing in the shoulder belt to be retracted by the retractive force of the retractor. S17 Offset frontal deformable barrier requirements using 5th percentile adult female test dummies. Each vehicle that is certified as complying with S14 shall, at each front outboard designated seating position, meet the injury criteria specified in S15.3 of this standard when the vehicle is crash tested in accordance with the procedures specified in S18 of this standard with the [[Page 831]] anthropomorphic test devices restrained by a Type 2 seat belt assembly. S18 Test procedure for offset frontal deformable barrier requirements using 5th percentile adult female dummies. S18.1 General provisions. Place a 49 CFR Part 572 Subpart O 5th percentile adult female test dummy at each front outboard seating position of a vehicle, in accordance with the procedures specified in S16.3 of this standard. Impact the vehicle traveling longitudinally forward at any speed, up to and including 40 km/h (25 mph), into a fixed offset deformable barrier under the conditions and procedures specified in S18.2 of this standard, impacting only the left side of the vehicle. S18.2 Test conditions. S18.2.1 Offset frontal deformable barrier. The offset frontal deformable barrier shall conform to the specifications set forth in Subpart C of part 587 of this chapter. S18.2.2 General test conditions. All of the test conditions specified in S16.2 of this standard apply. S18.2.3 Dummy seating procedures. Position the anthropomorphic test dummies as specified in S16.3 of this standard. S18.2.4 Impact configuration. The test vehicle shall impact the barrier with the longitudinal centerline of the vehicle parallel to the line of travel and perpendicular to the barrier face within a tolerance of 5 degrees. The test vehicle shall be aligned so that the vehicle strikes the barrier with 40 percent overlap on the left side of the vehicle, with the vehicle's front engaging the barrier face such that the vehicle's longitudinal centerline is offset outboard of the edge of the barrier face by 10 percent of the vehicle's width 50 mm (2.0 in) as illustrated in Figure 10. The vehicle width is defined as the maximum dimension measured across the widest part of the vehicle, including bumpers and molding but excluding such components as exterior mirrors, flexible mud flaps, marker lamps, and dual rear wheel configurations. S19 Requirements to provide protection for infants in rear facing and convertible child restraints and car beds. S19.1 Each vehicle certified as complying with S14 shall, at the option of the manufacturer, meet the requirements specified in S19.2 or S19.3, under the test procedures specified in S20. S19.2 Option 1--Automatic suppression feature. Each vehicle shall meet the requirements specified in S19.2.1 through S19.2.3. S19.2.1 The vehicle shall be equipped with an automatic suppression feature for any front outboard passenger air bag which results in deactivation of the air bag during each of the static tests specified in S20.2 (using the 49 CFR part 572 Subpart R 12-month-old CRABI child dummy in any of the child restraints identified in sections B and C of appendix A or A-1 of this standard, as appropriate and the 49 CFR part 572 subpart K Newborn Infant dummy in any of the car beds identified in section A of appendix A or A-1, as appropriate), and activation of the air bag system during each of the static tests specified in S20.3 (using the 49 CFR part 572 Subpart O 5th percentile adult female dummy). S19.2.2 The vehicle shall be equipped with telltales for each front outboard passenger seat which emit light whenever the associated front outboard passenger air bag system is deactivated and does not emit light whenever the associated front outboard passenger air bag system is activated, except that the telltale(s) need not illuminate when the associated front outboard passenger seat is unoccupied. For telltales associated with multiple front outboard passenger seats, it shall be clearly recognizable to a driver and any front outboard passenger the seat with which seat each telltale is associated. Each telltale: (a) Shall emit yellow light; (b) Shall have the identifying words ``PASSENGER AIR BAG OFF'' or ``PASS AIR BAG OFF'' on the telltale or within 25 mm (1.0 in) of the telltale; and (c) Shall not be combined with the readiness indicator required by S4.5.2 of this standard. (d) Shall be located within the interior of the vehicle and forward of and above the design H-point of both the driver's and any front outboard passenger's seat in their forwardmost seating positions and shall not be located on or adjacent to a surface that [[Page 832]] can be used for temporary or permanent storage of objects that could obscure the telltale from either the driver's or any-front outboard passenger's view, or located where the telltale would be obscured from the driver's view or the adjacent front outboard passenger's view if a rear-facing child restraint listed in appendix A or A-1, as appropriate, is installed in any-front outboard passenger's seat. (e) Shall be visible and recognizable to a driver and any front outboard passenger during night and day when the occupants have adapted to the ambient light roadway conditions. (f) Telltales need not be visible or recognizable when not activated. (g) Means shall be provided for making telltales visible and recognizable to the driver and any front outboard passenger under all driving conditions. The means for providing the required visibility may be adjustable manually or automatically, except that the telltales may not be adjustable under any driving conditions to a level that they become invisible or not recognizable to the driver and any front outboard passenger. (h) The telltale must not emit light except when any passenger air bag is turned off or during a bulb check upon vehicle starting. S19.2.3 The vehicle shall be equipped with a mechanism that indicates whether the air bag system is suppressed, regardless of whether any front outboard passenger seat is occupied. The mechanism need not be located in the occupant compartment unless it is the telltale described in S19.2.2. S19.3 Option 2--Low risk deployment. Each vehicle shall meet the injury criteria specified in S19.4 of this standard when any front outboard passenger air bag is deployed in accordance with the procedures specified in S20.4. S19.4 Injury criteria for the 49 CFR part 572, Subpart R 12-month- old CRABI test dummy. S19.4.1 All portions of the test dummy and child restraint shall be contained within the outer surfaces of the vehicle passenger compartment. S19.4.2 Head injury criteria. (a) For any two points in time, t1 and t2, during the event which are separated by not more than a 15 millisecond time interval and where t1 is less than t2, the head injury criterion (HIC15) shall be determined using the resultant head acceleration at the center of gravity of the dummy head, ar, expressed as a multiple of g (the acceleration of gravity) and shall be calculated using the expression: [GRAPHIC] [TIFF OMITTED] TR18DE01.000 (b) The maximum calculated HIC15 value shall not exceed 390. S19.4.3 The resultant acceleration calculated from the output of the thoracic instrumentation shall not exceed 50 g's, except for intervals whose cumulative duration is not more than 3 milliseconds. S19.4.4 Neck injury. When measuring neck injury, each of the following injury criteria shall be met. (a) Nij. (1) The shear force (Fx), axial force (Fz), and bending moment (My) shall be measured by the dummy upper neck load cell for the duration of the crash event as specified in S4.11. Shear force, axial force, and bending moment shall be filtered for Nij purposes at SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5) Channel Frequency Class 600. (2) During the event, the axial force (Fz) can be either in tension or compression while the occipital condyle bending moment (Mocy) can be in either flexion or extension. This results in four possible loading conditions for Nij: tension-extension (Nte), tension-flexion (Ntf), compression-extension (Nce), or compression-flexion (Ncf). (3) When calculating Nij using equation S19.4.4(a)(4), the critical values, Fzc and Myc, are: (i) Fzc = 1460 N (328 lbf) when Fz is in tension (ii) Fzc = 1460 N (328 lbf) when Fz is in compression (iii) Myc = 43 Nm (32 lbf-ft) when a flexion moment exists at the occipital condyle (iv) Myc = 17 Nm (13 lbf-ft) when an extension moment exists at the occipital condyle. [[Page 833]] (4) At each point in time, only one of the four loading conditions occurs and the Nij value corresponding to that loading condition is computed and the three remaining loading modes shall be considered a value of zero. The expression for calculating each Nij loading condition is given by: Nij ' (Fz / Fzc) + (Mocy / Myc) (5) None of the four Nij values shall exceed 1.0 at any time during the event. (b) Peak tension. Tension force (Fz), measured at the upper neck load cell, shall not exceed 780 N (175 lbf) at any time. (c) Peak compression. Compression force (Fz), measured at the upper neck load cell, shall not exceed 960 N (216 lbf) at any time. S19.4.5 Unless otherwise indicated, instrumentation for data acquisition, data channel frequency class, and moment calculations are the same as given for the 49 CFR part 572 Subpart R 12-month-old CRABI test dummy. S20 Test procedure for S19. S20.1 General provisions. S20.1.1 Tests specifying the use of a car bed, a rear facing child restraint, or a convertible child restraint may be conducted using any such restraint listed in sections A, B, and C, respectively, of appendix A or A-1 of this standard, as appropriate. The car bed, rear facing child restraint, or convertible child restraint may be unused or have been previously used only for automatic suppression tests. If it has been used, there shall not be any visible damage prior to the test. S20.1.2 Unless otherwise specified, each vehicle certified to this option shall comply in tests conducted with any front outboard passenger seating position, if adjustable fore and aft, at full rearward, middle, and full forward positions. If the child restraint or dummy contacts the vehicle interior, move the seat rearward to the next detent that provides clearance, or if the seat is a power seat, using only the control that primarily moves the seat fore and aft, move the seat rearward while assuring that there is a maximum of 5 mm (0.2 in) clearance between the dummy or child restraint and the vehicle interior. S20.1.3 If the car bed, rear facing child restraint, or convertible child restraint is equipped with a handle, the vehicle shall comply in tests conducted with the handle at both the child restraint manufacturer's recommended position for use in vehicles and in the upright position. S20.1.4 If the car bed, rear facing child restraint, or convertible child restraint is equipped with a sunshield, the vehicle shall comply in tests conducted with the sunshield both fully open and fully closed. S20.1.5 The vehicle shall comply in tests with the car bed, rear facing child restraint, or convertible child restraint uncovered and in tests with a towel or blanket weighing up to 1.0 kg (2.2 lb) placed on or over the restraint in any of the following positions: (a) with the blanket covering the top and sides of the restraint, and (b) with the blanket placed from the top of the vehicle's seat back to the forwardmost edge of the restraint. S20.1.6 Except as otherwise specified, if the car bed, rear facing child restraint, or convertible child restraint has an anchorage system as specified in S5.9 of FMVSS No. 213 and is tested in a vehicle with a front outboard passenger vehicle seat that has an anchorage system as specified in FMVSS No. 225, the vehicle shall comply in the belted tests with the restraint anchorage system attached to the vehicle seat anchorage system and the vehicle seat belt unattached. It shall also comply in the belted test requirements with the restraint anchorage system unattached to the vehicle seat anchorage system and the vehicle seat belt attached. The vehicle shall comply in the unbelted tests with the restraint anchorage system unattached to the vehicle seat anchorage system. S20.1.7 If the car bed, rear facing child restraint, or convertible child restraint comes equipped with a detachable base, the vehicle shall comply in tests conducted with the detachable base attached to the child restraint and with the detachable base unattached to the child restraint. S20.1.8 Do not attach any tethers. S20.1.9 Seat set-up. Unless otherwise stated. [[Page 834]] S20.1.9.1 Lumbar support adjustment. Position adjustable lumbar supports so that the lumbar support is in its lowest, retracted or deflated adjustment position. S20.1.9.2 Other seat adjustments. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. S20.1.9.3 Set the seat and seat cushion in the position determined in S16.2.10.3.1. S20.1.9.4 Using only the control that primarily moves the seat in the fore and aft direction, determine the full rearward, middle, and full forward positions of the SCRP. Using any part of any seat or seat cushion adjustments, other than that which primarily moves the seat or seat cushion fore-aft, determine the SCRP mid-point height for each of the three fore-aft test positions, while maintaining, as closely as possible, the seat cushion reference line middle angle determined in S16.2.10.3.1. S20.1.9.5 The seat back angle, if adjustable, is set at the manufacturer's nominal design seat back angle for a 50th percentile adult male as specified in S8.1.3. S20.1.9.6 If adjustable, set the head restraint at the full down and full forward position. S20.1.10 The longitudinal centerline of a bucket seat cushion is defined by a vertical plane that passes through the SgRP and is parallel to the longitudinal centerline of the vehicle. S20.2 Static tests of automatic suppression feature which shall result in deactivation of any front outboard passenger air bag, associated with that designated seating position. Each vehicle that is certified as complying with S19.2 shall meet the following test requirements. S20.2.1 Belted rear facing and convertible child restraints. S20.2.1.1 The vehicle shall comply in tests using any child restraint specified in section B and section C of appendix A or A-1 of this standard, as appropriate, installed in the front outboard passenger vehicle seat in the following orientations: (a) With the section B and section C child restraints facing rearward as appropriate; and (b) With the section C child restraints facing forward. S20.2.1.2 The vehicle shall comply with the child restraint attached to the vehicle in the following manner: (a) Using the vehicle safety belts as specified in S20.2.1.5; and (b) If the child restraint is certified to S5.9 of Sec. 571.213, and the vehicle seat has an anchorage system as specified in Sec. 571.225, using only the mechanism provided by the child restraint manufacturer for attachment to the lower anchorages as specified in S20.2.1.6. S20.2.1.3 Locate a vertical plane through the longitudinal centerline of the child restraint. This will be referred to as ``Plane A.'' S20.2.1.4 For bucket seats, ``Plane B'' refers to a vertical plane parallel to the vehicle longitudinal centerline through the longitudinal centerline of any front outboard passenger vehicle seat cushion. For bench seats in vehicles with manually operated driving controls, ``Plane B'' refers to a vertical plane through any front outboard passenger vehicle seat parallel to the vehicle longitudinal centerline the same distance from the longitudinal centerline of the vehicle as the center of the steering control. For bench seats in vehicles without manually operated driving controls, ``Plane B'' refers to the vertical plane parallel to the vehicle longitudinal centerline, through any front outboard passenger seat's SgRP. S20.2.1.5 Installation with vehicle safety belts. (a) Place any adjustable seat belt anchorages at the vehicle manufacturer's nominal design position for a 50th percentile adult male occupant. (b) Without attaching the child restraint anchorage system components specified in S5.9 of Sec. 571.213 to a vehicle child restraint anchorage system specified in Sec. 571.225, align the child restraint system facing rearward or forward, depending on the orientation being tested, such that Plane A is aligned with Plane B. (c) While maintaining the child restraint positions achieved in S20.2.1.5(b), secure the child restraint by following, to the extent possible, the child restraint manufacturer's directions regarding proper installation of the restraint for the orientation [[Page 835]] being tested. Cinch the vehicle belts to any tension from zero up to 134 N to secure the child restraint. Measure belt tension in a flat, straight section of the lap belt between the child restraint belt path and the contact point with the belt anchor or vehicle seat, on the side away from the buckle (to avoid interference from the shoulder portion of the belt). (d) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy in the child restraint by following, to the extent possible, the manufacturer's instructions provided with the child restraint for seating infants. (e) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S20.2.1.6 Installation using the lower anchor bars and the child restraint manufacturer provided attachment mechanism. S20.2.1.6.1 If the attachment mechanism provided by the manufacturer incorporates a strap(s), use the following procedure: (a) Place the child restraint on the vehicle seat facing rearward or forward, depending on the orientation being tested, with Plane A of the child restraint aligned within 10 mm with a longitudinal vertical plane passing though a point midway between the centers of the two lower anchor bars. (b) Position any adjustments on the child restraint, to the extent possible according to the child restraint manufacturer's instructions. (c) Connect the lower anchor straps of the restraint to the lower anchor bars of the seat and remove the slack, but do not apply any load using these straps. (d) Move the child restraint rearward until it contacts the seat back. (e) Use the loading device equipped with the loading foot shown in Figure A1 and position it as shown in Figure A2 of appendix A and appendix A-1 of this section. The 153 degree angle of the loading device illustrated in Figure A2 is determined with an initial preload of 7525N. (f) Over a period of 9030 seconds, increase the load to 875N25 N. (g) After achieving the 875 N load in step (f) of this section, hold the bar length at present position and allow the load to settle for 60 seconds. (h) Following the one-minute settling period specified in step (g) of this section, increase the load to 87525 N such that the 87525 N load is achieved within 10 seconds of the settling period. (i) Hold the bar length at present position and allow the load to settle for 120 seconds after achieving the load in step (f) of this section. (j) Following the settling period specified in step (i) of this section, increase the load to 87525 N such that the 87525 N load is achieved within 10 seconds of the settling period. (k) Observe the settling of the load and tighten the lower anchor straps when the load is 8505N or 180 seconds has elapsed since achieving the 87525 N load in step (f) of this section, whichever comes first. Tighten the lower anchor straps at the same time such that the load is reduced 1510 N and the change occurs within 2 seconds. (l) Remove the loading device and position the 49 CFR part 572 subpart R 12-month-old CRABI dummy in the child restraint by following, to the extent possible, the manufacturer's instructions provided with the child restraint for seating infants. (m) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S20.2.1.6.2 If the mechanism provided by the manufacturer does not incorporate a strap(s), use the following procedure: (a) Place the vehicle seat in the rearmost and mid-height position. (b) Place the child restraint on the vehicle seat facing rearward or forward, depending on the orientation being tested, with Plane A of the child restraint aligned within 10 mm with a longitudinal vertical plane passing though a point midway between the centers of the two lower anchor bars. (c) Position any adjustments on the child restraint, to the extent possible, according to the child restraint manufacturer's instructions. [[Page 836]] (d) Connect the lower anchor attachments to the lower anchor bars following, to the extent possible, the child restraint manufacturer's instructions. (e) Move the child restraint rearward until it contacts the seat back. (f) If the child restraint does not use a linear sliding or ratcheting mechanism that requires the application of force to securely install the child restraint, follow, to the extent possible, the CRS manufacturer's instructions for installing the child restraint onto the seat. Do not load the seat as provided in S20.2.1.6.2(g). (g) If the child restraint uses a linear sliding or ratcheting mechanism that requires the application of force to securely install the child restraint, within 255 seconds, apply a 47525N force, that has no lateral component, aligned angularly 10 degrees with a parallel plane located within 100 mm of the plane formed by the linear mechanism. Release the force. (h) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy in the child restraint by following, to the extent possible, the manufacturer's instructions provided with the child restraint for seating infants. (i) Move the vehicle seat to the seat position being tested (full rear, mid, full forward). (j) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S20.2.2 Unbelted rear facing and convertible child restraints. S20.2.2.1 The vehicle shall comply in tests using any child restraint specified in section B and section C of appendix A or A-1 of this standard, as appropriate. S20.2.2.2 Locate a vertical plane through the longitudinal centerline of the child restraint. This will be referred to as ``Plane A''. S20.2.2.3 For bucket seats, ``Plane B'' refers to a vertical plane parallel to the vehicle longitudinal centerline through the longitudinal centerline of any front outboard passenger vehicle seat cushion. For bench seats in vehicles with manually operated driving controls, ``Plane B'' refers to a vertical plane through any front outboard passenger seat parallel to the vehicle longitudinal centerline the same distance from the longitudinal centerline of the vehicle as the center of the steering control. For bench seats in vehicles without manually operated driving controls, ``Plane B'' refers to the vertical plane parallel to the vehicle longitudinal centerline, through any front outboard passenger seat's SgRP. S20.2.2.4 Facing rear. (a) Align the child restraint system facing rearward such that Plane A is aligned with Plane B and the child restraint is in contact with the seat back. (b) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy in the child restraint by following, to the extent possible, the manufacturer's instructions provided with the child restraint for seating infants. (c) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S20.2.2.5 Facing forward. (a) Align the child restraint system facing forward such that Plane A is aligned with Plane B and the child restraint is in contact with the seat back. (b) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy in the child restraint by following, to the extent possible, the manufacturer's instructions provided with the child restraint for seating infants. (c) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S20.2.3 Tests with a belted car bed. S20.2.3.1 The vehicle shall comply in tests using any car bed specified in section A of appendix A or A-1 of this standard, as appropriate. S20.2.3.2 (a) Install the car bed following, to the extent possible, the car bed manufacturer's directions regarding proper installation of the car bed. If the seat belt cannot be secured around the car bed, move the seat rearward to the next detent that allows the [[Page 837]] belt to be secured around the car bed, or if the seat is a power seat, using only the control that primarily moves the seat fore and aft, move the seat rearward the minimum distance necessary for the seat belt to be secured around the car bed. (b) Place any adjustable seat belt anchorages at the vehicle manufacturer's nominal design position for a 50th percentile adult male occupant. Cinch the vehicle belts to secure the car bed. (c) Position the 49 CFR part 572 subpart K Newborn Infant dummy in the car bed by following, to the extent possible, the car bed manufacturer's instructions provided with the car bed for positioning infants. (d) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S20.3 Static tests of automatic suppression feature which shall result in activation of any front outboard passenger air bag system. S20.3.1 Each vehicle certified to this option shall comply in tests conducted with any front outboard passenger seating position, if adjustable fore and aft, at the mid-height, in the full rearward and middle positions determined in S20.1.9.4, and the forward position determined in S16.3.3.1.8. S20.3.2 Place a 49 CFR part 572 subpart O 5th percentile adult female test dummy at any front outboard passenger seating position of the vehicle, in accordance with procedures specified in S16.3.3 of this standard, except as specified in S20.3.1, subject to the fore-aft seat positions in S20.3.1. Do not fasten the seat belt. S20.3.3 Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. S20.3.4 Wait 10 seconds, then check whether the air bag system is activated. S20.4 Low risk deployment test. Each vehicle that is certified as complying with S19.3 shall meet the following test requirements. S20.4.1 Position any front outboard passenger vehicle seat at the mid-height in the full forward position determined in S20.1.9.4, and adjust the seat back (if adjustable independent of the seat) to the nominal design position for a 50th percentile adult male as specified in S8.1.3. Position adjustable lumbar supports so that the lumbar support is in its lowest, retracted or deflated adjustment position. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. If adjustable, set the head restraint at the full down and most forward position. If the child restraint or dummy contacts the vehicle interior, do the following: Using only the control that primarily moves the seat in the fore and aft direction, move the seat rearward to the next detent that provides clearance; or if the seat is a power seat, move the seat rearward while assuring that there is a maximum of 5 mm (0.2 in) clearance. S20.4.2 The vehicle shall comply in tests using any child restraint specified in section B and section C of appendix A or A-1 of this standard, as appropriate. S20.4.3 Locate a vertical plane through the longitudinal centerline of the child restraint. This will be referred to as ``Plane A''. S20.4.4 For bucket seats, ``Plane B'' refers to a vertical plane parallel to the vehicle longitudinal centerline through the longitudinal centerline of any front outboard passenger seat cushion. For bench seats in vehicles with manually operated driving controls, ``Plane B'' refers to a vertical plane through any front outboard passenger seat parallel to the vehicle longitudinal centerline that is the same distance from the longitudinal centerline of the vehicle as the center of the steering control. For bench seats in vehicles without manually operated driving controls, ``Plane B'' refers to the vertical plane parallel to the vehicle longitudinal centerline, through any front outboard passenger seat's SgRP. S20.4.5 Align the child restraint system facing rearward such that Plane A is aligned with Plane B. S20.4.6 If the child restraint is certified to S5.9 of Sec. 571.213, and the vehicle seat has an anchorage system as specified in Sec. 571.225, attach the child [[Page 838]] restraint to the vehicle seat anchorage as specified in S20.2.1.6. Do not attach the top tether of the child restraint system. Do not attach the vehicle safety belt. S20.4.7 While maintaining the child restraint position achieved in S20.4.5, secure the child restraint by following, to the extent possible, the child restraint manufacturer's directions regarding proper installation of the restraint in the rear facing mode. Place any adjustable seat belt anchorages at the manufacturer's nominal design position for a 50th percentile adult male occupant. Cinch the vehicle belts to any tension from zero up to 134 N (30 lb) to secure the child restraint. Measure belt tension in a flat, straight section of the lap belt between the child restraint belt path and the contact point with the belt anchor or vehicle seat, on the side away from the buckle (to avoid interference from the shoulder portion of the belt). S20.4.8 Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy in the child restraint by following, to the extent possible, the manufacturer's instructions provided with the child restraint for seating infants. S20.4.9 Deploy any front outboard passenger frontal air bag system. If the air bag system contains a multistage inflator, the vehicle shall be able to comply at any stage or combination of stages or time delay between successive stages that could occur in the presence of an infant in a rear facing child restraint and a 49 CFR part 572, subpart R 12- month-old CRABI dummy positioned according to S20.4, and also with the seat at the mid-height, in the middle and full rearward positions determined in S20.1.9.4, in a rigid barrier crash test at speeds up to 64 km/h (40 mph). S21 Requirements using 3-year-old child dummies. S21.1 Each vehicle that is certified as complying with S14 shall, at the option of the manufacturer, meet the requirements specified in S21.2, S21.3, S21.4 or S21.5, under the test procedures specified in S22 or S28, as applicable. S21.2 Option 1--Automatic suppression feature. Each vehicle shall meet the requirements specified in S21.2.1 through S21.2.3. S21.2.1 The vehicle shall be equipped with an automatic suppression feature for any front outboard passenger air bag which results in deactivation of the air bag during each of the static tests specified in S22.2 (using the 49 CFR part 572 subpart P 3-year-old child dummy and, as applicable, any child restraint specified in section C and section D of appendix A or A-1 of this standard, as appropriate), and activation of the air bag system during each of the static tests specified in S22.3 (using the 49 CFR part 572 subpart O 5th percentile adult female dummy). S21.2.2 The vehicle shall be equipped with a telltale light meeting the requirements specified in S19.2.2. S21.2.3 The vehicle shall be equipped with a mechanism that indicates whether the air bag is suppressed, regardless of whether any front outboard passenger seat is occupied. The mechanism need not be located in the occupant compartment unless it is the telltale described in S21.2.2. S21.3 Option 2--Dynamic automatic suppression system that suppresses the air bag when an occupant is out of position. (This option is available under the conditions set forth in S27.1.) The vehicle shall be equipped with a dynamic automatic suppression system for any front outboard passenger air bag system which meets the requirements specified in S27. S21.4 Option 3--Low risk deployment. Each vehicle shall meet the injury criteria specified in S21.5 of this standard when any front outboard passenger air bag is deployed in accordance with both of the low risk deployment test procedures specified in S22.4. S21.5 Injury criteria for the 49 CFR part 572, subpart P 3-year-old child test dummy. S21.5.1 All portions of the test dummy shall be contained within the outer surfaces of the vehicle passenger compartment. S21.5.2 Head injury criteria. (a) For any two points in time, t1 and t2, during the event which are separated by not more than a 15 millisecond time interval and where t1 is less than t2, the head injury criterion (HIC15) shall be determined using the resultant head acceleration at the center of gravity of the dummy head, ar, [[Page 839]] expressed as a multiple of g (the acceleration of gravity) and shall be calculated using the expression: [GRAPHIC] [TIFF OMITTED] TR18DE01.001 (b) The maximum calculated HIC15 value shall not exceed 570. S21.5.3 The resultant acceleration calculated from the output of the thoracic instrumentation shall not exceed 55 g's, except for intervals whose cumulative duration is not more than 3 milliseconds. S21.5.4 Compression deflection of the sternum relative to the spine, as determined by instrumentation, shall not exceed 34 millimeters (1.3 in). S21.5.5 Neck injury. When measuring neck injury, each of the following injury criteria shall be met. (a) Nij. (1) The shear force (Fx), axial force (Fz), and bending moment (My) shall be measured by the dummy upper neck load cell for the duration of the crash event as specified in S4.11. Shear force, axial force, and bending moment shall be filtered for Nij purposes at SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5) Channel Frequency Class 600. (2) During the event, the axial force (Fz) can be either in tension or compression while the occipital condyle bending moment (Mocy) can be in either flexion or extension. This results in four possible loading conditions for Nij: Tension-extension (Nte), tension-flexion (Ntf), compression-extension (Nce), or compression-flexion (Ncf). (3) When calculating Nij using equation S21.5.5(a)(4), the critical values, Fzc and Myc, are: (i) Fzc = 2120 N (477 lbf) when Fz is in tension (ii) Fzc = 2120 N (477 lbf) when Fz is in compression (iii) Myc = 68 Nm (50 lbf-ft) when a flexion moment exists at the occipital condyle (iv) Myc = 27 Nm (20 lbf-ft) when an extension moment exists at the occipital condyle. (4) At each point in time, only one of the four loading conditions occurs and the Nij value corresponding to that loading condition is computed and the three remaining loading modes shall be considered a value of zero. The expression for calculating each Nij loading condition is given by: Nij = (Fz / Fzc) + (Mocy / Myc) (5) None of the four Nij values shall exceed 1.0 at any time during the event. (b) Peak tension. Tension force (Fz), measured at the upper neck load cell, shall not exceed 1130 N (254 lbf) at any time. (c) Peak compression. Compression force (Fz), measured at the upper neck load cell, shall not exceed 1380 N (310 lbf) at any time. S21.5.6 Unless otherwise indicated, instrumentation for data acquisition, data channel frequency class, and moment calculations are the same as given in 49 CFR part 572 subpart P 3-year-old child test dummy. S22 Test procedure for S21. S22.1 General provisions and definitions. S22.1.1 Tests specifying the use of a forward facing child restraint, including a booster seat where applicable, may be conducted using any such restraint listed in section C and section D of appendix A or A-1 of this standard, as appropriate. The child restraint may be unused or have been previously used only for automatic suppression tests. If it has been used, there shall not be any visible damage prior to the test. Booster seats are to be used in the manner appropriate for a 3-year-old child of the same height and weight as the 3-year-old child dummy. S22.1.2 Unless otherwise specified, each vehicle certified to this option shall comply in tests conducted with any front outboard passenger seating position at the mid-height, in the full rearward, middle, and the full forward positions determined in S22.1.7.4. If the dummy contacts the vehicle interior, using only the control that primarily moves the seat fore and aft, move the seat rearward to the next detent that provides clearance. If the seat is a power seat, move the seat rearward while assuring that there is a maximum of 5 mm (0.2 in) clearance. [[Page 840]] S22.1.3 Except as otherwise specified, if the child restraint has an anchorage system as specified in S5.9 of FMVSS No. 213 and is tested in a vehicle with any front outboard passenger vehicle seat that has an anchorage system as specified in FMVSS No. 225, the vehicle shall comply with the belted test conditions with the restraint anchorage system attached to the vehicle seat anchorage system and the vehicle seat belt unattached. It shall also comply with the belted test conditions with the restraint anchorage system unattached to the vehicle seat anchorage system and the vehicle seat belt attached. S22.1.4 Do not attach any tethers. S22.1.5 The definitions provided in S16.3.1 through S16.3.10 apply to the tests specified in S22. S22.1.6 For leg and thigh angles use the following references: (a) Thigh--a straight line on the thigh skin between the center of the \5/16\ x \1/2\ in. screw (part 9001024, item 10 in drawing 210-0000 sheet 2 of 7, complete assembly (HYB III 3 YR OLD)) and the knee bolt (part 210-5301 in drawing 210-5000-1 & -1, leg assembly). (b) Leg--a straight line on the leg skin between the center of the ankle bolt (part 210-5701 in drawing 210-5000-1 & -2, leg assembly) and the knee bolt (part 210-5301 in drawing 210-5000-1 & -2, leg assembly). S22.1.7 Seat set-up. Unless otherwise stated, S22.1.7.1 Lumbar support adjustment. Position adjustable lumbar supports so that the lumbar support is in its lowest, retracted or deflated adjustment position. S22.1.7.2 Other seat adjustments. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. S22.1.7.3 Set the seat and seat cushion in the position determined in S16.2.10.3.1. S22.1.7.4 Using only the control that primarily moves the seat in the fore and aft direction, determine the full rearward, middle, and full forward positions of the SCRP. Using any part of any seat or seat cushion adjustments other than that which primarily moves the seat or seat cushion fore-aft, determine the SCRP mid-point height for each of the three fore-aft test positions, while maintaining, as closely as possible, the seat cushion reference line angle determined in S16.2.10.3.1. S22.1.7.5 The seat back angle, if adjustable, is set at the manufacturer's nominal design seat back angle for a 50th percentile adult male as specified in S8.1.3. S22.1.7.6 If adjustable, set the head restraint at the full down and full forward position. S22.2 Static tests of automatic suppression feature which shall result in deactivation of any front outboard passenger air bag, associated with that designated seating position. Each vehicle that is certified as complying with S21.2 shall meet the following test requirements: 22.2.1 Belted test with forward facing or booster seat child restraint S22.2.1.1 Install the restraint in any front outboard passenger vehicle seat in accordance, to the extent possible, with the child restraint manufacturer's instructions provided with the seat for use by children with the same height and weight as the 3-year-old child dummy. S22.2.1.2 Locate a vertical plane through the longitudinal centerline of the child restraint. This will be referred to as ``Plane A''. S22.2.1.3 For bucket seats, ``Plane B'' refers to a vertical longitudinal plane through the longitudinal centerline of the seat cushion of any front outboard passenger vehicle seat. For bench seats in vehicles with manually operated driving controls, ``Plane B'' refers to a vertical plane through any front outboard passenger vehicle seat parallel to the vehicle longitudinal centerline the same distance from the longitudinal centerline of the vehicle as the center of the steering control. For bench seats in vehicles without manually operated driving controls, ``Plane B'' refers to the vertical plane parallel to the vehicle longitudinal centerline, through any front outboard passenger seat's SgRP. S22.2.1.4 The vehicle shall comply with the child restraint belted to the vehicle in the following manner: (a) Using the vehicle safety belts as specified in S22.2.1.5 with section C and section D child restraints of appendix [[Page 841]] A or A-1, as appropriate, of this section designed to be secured to the vehicle seat even when empty; and (b) If the child restraint is certified to S5.9 of Sec. 571.213, and the vehicle seat has an anchorage system as specified in Sec. 571.225, using only the mechanism provided by the child restraint manufacturer for attachment to the lower anchorage as specified in S22.2.1.6. S22.2.1.5 Installation with vehicle safety belts. (a) Place any adjustable safety belt anchorages at the vehicle manufacturer's nominal design position for a 50th percentile adult male occupant. (b) Without attaching the child restraint anchorage system components specified in S5.9 of Sec. 571.213 to a vehicle child restraint anchorage system specified in Sec. 571.225, align the child restraint system facing forward, such that Plane A is aligned with Plane B. (c) While maintaining the child restraint positions achieved in S22.2.1.5(b), secure the child restraint by following, to the extent possible, the child restraint manufacturer's directions regarding proper installation of the restraint. Cinch the vehicle belts to any tension from zero up to 134 N to secure the child restraint. Measure belt tension in a flat, straight section of the lap belt between the child restraint belt path and the contact point with the belt anchor or vehicle seat, on the side away from the buckle (to avoid interference from the shoulder portion of the belt). S22.2.1.6 Installation using the lower anchor bars and the attachment mechanism provided by the child restraint manufacturer. S22.2.1.6.1 If the mechanism provided by the manufacturer incorporates a strap(s), use the following procedure. (a) Place the child restraint on the vehicle seat facing forward, with Plane A of the child restraint aligned within 10 mm with a longitudinal vertical plane passing through a point midway between the centers of the two lower anchor bars. (b) Position any adjustments on the child restraint, to the extent possible, according to the child restraint manufacturer's instructions. (c) Connect the lower anchor straps to the lower anchor bars and remove most of the slack, but do not apply any load using these straps. (d) Move the child restraint rearward until it contacts the seat back. (e) Do not attach any top tethers. (f) Use the loading device equipped with the loading foot shown in Figure A1 and position it as shown in Figure A2 of appendix A and appendix A-1 of this standard. The 153 degree angle of the loading device is determined with an initial preload of 7525 N. (g) Over a period of 9030 seconds, increase the load to 87525 N. (h) After achieving the 875 N load in step (g) of this section, hold the bar length at the present position and allow the load to settle for 60 seconds. (i) Following the one-minute settling period specified in step (h) of this section, increase the load to 87525 N such that the 87525 N load is achieved within 10 seconds of the settling period. (j) Hold the bar length at present position and allow the load to settle for 120 seconds after achieving the load in step (g) of this section. (k) Following the settling period specified in step (j) of this section, increase the load to 87525 N such that the 87525 N load is achieved within 10 seconds of the settling period. (l) Observe the settling of the load and tighten the lower anchor straps when the load is 8505N or 180 seconds has elapsed since achieving the 87525 N load in step (g) of this section, whichever comes first. Tighten the lower anchor straps at the same time such that the load is reduced 1510 N and the change occurs within 2 seconds. (m) Remove the loading device. S22.2.1.6.2 If the mechanism provided by the manufacturer does not incorporate a strap(s), use the following procedure. (a) Place the vehicle seat in the rear-most and mid-height position. (b) Place the child restraint on the vehicle seat facing forward with Plane A of the child restraint aligned within 10 mm with a longitudinal vertical plane passing through a point midway between the centers of the two lower anchor bars. [[Page 842]] (c) Position any adjustments on the child restraint, to the extent possible, according to the child restraint manufacturer's instructions. (d) Connect the lower anchor attachments to the lower anchor bars following, to the extent possible, the child restraint manufacturer's instructions. (e) Move the child restraint rearward until it contacts the seat back. (f) Do not attach any top tethers. (g) If the child restraint does not use a linear sliding or ratcheting mechanism that requires the application of force to securely install the child restraint, follow, to the extent possible, the manufacturer's instructions for installing the child restraint onto the seat. Do not load the seat as provided in S22.2.1.6.2(h). (h) If the child restraint uses a linear sliding or ratcheting mechanism that requires the application of force to securely install the child restraint, within 255 seconds, apply a 47525N force, that has no lateral component, aligned angularly 10 degrees with a parallel plane located within 100 mm of the plane formed by the linear mechanism. Release the force. (i) Move the vehicle seat to the seat position being tested (full rear, mid, full forward). S22.2.1.7 Forward facing child restraint. S22.2.1.7.1 After installation of a forward facing child restraint, position the 49 CFR part 572 subpart P 3-year-old child dummy in the child restraint such that the dummy's lower torso is centered on the child restraint and the dummy's spine is against the seat back of the child restraint. Place the arms at the dummy's sides. S22.2.1.7.2 Attach all belts that come with the child restraint that are appropriate for a child of the same height and weight as the 3-year- old child dummy, if any, by following, to the extent possible, the manufacturer's instructions provided with the child restraint for seating children. S22.2.1.7.3 Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S22.2.1.8 Booster seat child restraint. S22.2.1.8.1 After installation of a booster seat child restraint, position the 49 CFR part 572 subpart P 3-year-old child dummy in the booster seat such that the dummy's lower torso is centered on the booster seat cushion and the dummy's back is parallel to and in contact with the booster seat back or, if there is no booster seat back, the vehicle seat back. Place the arms at the dummy's sides. S22.2.1.8.2 If applicable, attach all belts that come with the child restraint that are appropriate for a child of the same height and weight as the 3-year-old child dummy, if any, by following, to the extent possible, the manufacturer's instructions provided with the child restraint for seating children. S22.2.1.8.3 If applicable, place the Type 2 manual belt around the test dummy and fasten the latch. Remove all slack from the lap belt portion. Pull the upper torso webbing out of the retractor and allow it to retract; repeat this four times. Apply a 9 to 18 N (2 to 4 lb) tension load to the lap belt. Allow the excess webbing in the upper torso belt to be retracted by the retractive force of the retractor. S22.2.1.8.4 Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S22.2.2 Unbelted tests with dummies. Place the 49 CFR part 572 subpart P 3-year-old child dummy on any front outboard passenger vehicle seat in any of the following positions (without using a child restraint or booster seat or the vehicle's seat belts): S22.2.2.1 Sitting on seat with back against seat back. (a) Place the dummy on any front outboard passenger seat. (b) In the case of vehicles equipped with bench seats and with manually operated driving controls, position the midsagittal plane of the dummy vertically and parallel to the vehicle's longitudinal centerline and the same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 [[Page 843]] in), as the center of the steering control. For bench seats in vehicles without manually operated driving controls, position the midsagittal plane of any front outboard dummy vertically and parallel to the vehicle's longitudinal centerline, within 10 mm (0.4 in) of the seating reference point of the seat that it occupies. In the case of vehicles equipped with bucket seats, position the midsagittal plane of any front outboard dummy vertically such that it coincides with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). Position the torso of the dummy against the seat back. Position the dummy's thighs against the seat cushion. (c) Allow the legs of the dummy to extend off the surface of the seat. (d) Rotate the dummy's upper arms down until they contact the seat back. (e) Rotate the dummy's lower arms until the dummy's hands contact the seat cushion. (f) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. (g) Wait 10 seconds, then check whether the air bag is deactivated. S22.2.2.2 Sitting on seat with back against reclined seat back. Repeat the test sequence in S22.2.2.1 with the seat back angle 25 degrees rearward of the manufacturer's nominal design position for the 50th percentile adult male. If the seat will not recline 25 degrees rearward of the nominal design position, use the closest position that does not exceed 25 degrees. S22.2.2.3 Sitting on seat with back not against seat back. (a) Place the dummy on any front outboard passenger seat. (b) In the case of vehicles equipped with bench seats and with manually operated driving controls, position the midsagittal plane of the dummy vertically and parallel to the vehicle's longitudinal centerline and the same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the center of the steering control. For bench seats in vehicles without manually operated driving controls, position the midsagittal plane of any front outboard dummy vertically and parallel to the vehicle's longitudinal centerline, within 10 mm (0.4 in) of the seating reference point of the seat that it occupies. In the case of vehicles equipped with bucket seats, position the midsagittal plane of any front outboard dummy vertically such that it coincides with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). Position the dummy with the spine vertical so that the horizontal distance from the dummy's back to the seat back is no less than 25 mm (1.0 in) and no more than 150 mm (6.0 in), as measured along the dummy's midsagittal plane at the mid-sternum level. To keep the dummy in position, a material with a maximum breaking strength of 311 N (70 lb) may be used to hold the dummy. (c) Position the dummy's thighs against the seat cushion. (d) Allow the legs of the dummy to extend off the surface of the seat. (e) Position the upper arms parallel to the spine and rotate the dummy's lower arms until the dummy's hands contact the seat cushion. (f) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. (g) Wait 10 seconds, then check whether the air bag is deactivated. S22.2.2.4 Sitting on seat edge, spine vertical, hands by the dummy's sides. (a) In the case of vehicles equipped with bench seats and with manually operated driving controls, position the midsagittal plane of the dummy vertically and parallel to the vehicle's longitudinal centerline and the same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the center of the steering control. For bench seats in vehicles without manually operated driving controls, position the midsagittal plane of any front outboard dummy vertically and parallel to the vehicle's longitudinal centerline, within 10 mm (0.4 in) of the seating reference point of the seat that it occupies. In the case of vehicles equipped with bucket seats, position the midsagittal plane of any front outboard dummy vertically such that [[Page 844]] it coincides with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). (b) Position the dummy in the seated position forward in the seat such that the legs are vertical and the back of the legs rest against the front of the seat with the spine vertical. If the dummy's feet contact the floor pan, rotate the legs forward until the dummy is resting on the seat with the feet positioned flat on the floor pan and the dummy spine vertical. To keep the dummy in position, a material with a maximum breaking strength of 311 N (70 lb) may be used to hold the dummy. (c) Place the upper arms parallel to the spine. (d) Lower the dummy's lower arms such that they contact the seat cushion. (e) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. (f) Wait 10 seconds, then check whether the air bag is deactivated. S22.2.2.5 Standing on seat, facing forward. (a) In the case of vehicles equipped with bench seats and with manually operated driving controls, position the midsagittal plane of the dummy vertically and parallel to the vehicle's longitudinal centerline and the same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the center of the steering control rim. For bench seats in vehicles without manually operated driving controls, position the midsagittal plane of any front outboard dummy vertically and parallel to the vehicle's longitudinal centerline, within 10 mm (0.4 in) of the seating reference point of the seat that it occupies. In the case of vehicles equipped with bucket seats, position the midsagittal plane of any front outboard dummy vertically such that it coincides with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). Position the dummy in a standing position on any front outboard passenger seat cushion facing the front of the vehicle while placing the heels of the dummy's feet in contact with the seat back. (b) Rest the dummy against the seat back, with the arms parallel to the spine. (c) If the head contacts the vehicle roof, recline the seat so that the head is no longer in contact with the vehicle roof, but allow no more than 5 mm (0.2 in) distance between the head and the roof. If the seat does not sufficiently recline to allow clearance, omit the test. (d) If necessary use a material with a maximum breaking strength of 311 N (70 lb) or spacer blocks to keep the dummy in position. (e) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. (f) Wait 10 seconds, then check whether the air bag is deactivated. S22.2.2.6 Kneeling on seat, facing forward. (a) In the case of vehicles equipped with bench seats and manually operated driving controls, position the midsagittal plane of the dummy vertically and parallel to the vehicle's longitudinal centerline and the same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the center of the steering control. For bench seats in vehicles without manually operated driving controls, position the midsagittal plane of any front outboard dummy vertically and parallel to the vehicle's longitudinal centerline, within 10 mm (0.4 in) of the seating reference point of the seat that it occupies. In the case of vehicles equipped with bucket seats, position the midsagittal plane of any front outboard dummy vertically such that it coincides with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). (b) Position the dummy in a kneeling position in any front outboard passenger vehicle seat with the dummy facing the front of the vehicle with its toes at the intersection of the seat back and seat cushion. Position the dummy so that the spine is vertical. Push down on the legs so that they contact the seat as much as possible and then release. Place the arms parallel to the spine. [[Page 845]] (c) If necessary use a material with a maximum breaking strength of 311 N (70 lb) or spacer blocks to keep the dummy in position. (d) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. (e) Wait 10 seconds, then check whether the air bag is deactivated. S22.2.2.7 Kneeling on seat, facing rearward. (a) In the case of vehicles equipped with bench seats and manually operated driving controls, position the midsagittal plane of the dummy vertically and parallel to the vehicle's longitudinal centerline and the same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the center of the steering control. For bench seats in vehicles without manually operated driving controls, position the midsagittal plane of any front outboard dummy vertically and parallel to the vehicle's longitudinal centerline, within 10 mm (0.4 in) of the seating reference point of the seat that it occupies. In the case of vehicles equipped with bucket seats, position the midsagittal plane of any front outboard dummy vertically such that it coincides with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). (b) Position the dummy in a kneeling position in any front outboard passenger vehicle seat with the dummy facing the rear of the vehicle. Position the dummy such that the dummy's head and torso are in contact with the seat back. Push down on the legs so that they contact the seat as much as possible and then release. Place the arms parallel to the spine. (c) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. (d) Wait 10 seconds, then check whether the air bag is deactivated. S22.2.2.8 Lying on seat. This test is performed only in vehicles with 3 designated front seating positions. (a) Lay the dummy on any front outboard passenger vehicle seat such that the following criteria are met: (1) The midsagittal plane of the dummy is horizontal, (2) The dummy's spine is perpendicular to the vehicle's longitudinal axis, (3) The dummy's arms are parallel to its spine, (4) A plane passing through the two shoulder joints of the dummy is vertical, (5) The anterior of the dummy is facing the vehicle front, (6) The head of the dummy is positioned towards the nearest passenger door, and (7) The horizontal distance from the topmost point of the dummy's head to the vehicle door is 50 to 100 mm (2-4 in). (8) The dummy is as far back in the seat as possible. (b) Rotate the thighs as much as possible toward the chest of the dummy and rotate the legs as much as possible against the thighs. (c) Move the dummy's upper left arm parallel to the vehicle's transverse plane and the lower left arm 90 degrees to the upper arm. Rotate the lower left arm about the elbow joint and toward the dummy's head until movement is obstructed. (d) Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. (e) Wait 10 seconds, then check whether the air bag is deactivated. S22.3 Static tests of automatic suppression feature which shall result in activation of any front outboard passenger air bag system. S22.3.1 Each vehicle certified to this option shall comply in tests conducted with any front outboard passenger seating position at the mid- height, in the full rearward, and middle positions determined in S22.1.7.4, and the forward position determined in S16.3.3.1.8. S22.3.2 Place a 49 CFR part 572 subpart O 5th percentile adult female test dummy at any front outboard passenger seating position of the vehicle, in accordance with procedures specified in S16.3.3 of this standard, except as specified in S22.3.1. Do not fasten the seat belt. [[Page 846]] S22.3.3 Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. S22.3.4 Wait 10 seconds, then check whether the air bag system is activated. S22.4 Low risk deployment tests. S22.4.1 Each vehicle that is certified as complying with S21.4 shall meet the following test requirements with the 49 CFR part 572, subpart P 3-year-old child dummy in both of the following positions: Position 1 (S22.4.2) and Position 2 (S22.4.3). S22.4.1.1 Locate and mark a point on the front of the dummy's chest jacket on the midsagittal plane that is 114 mm (4.5 in) 3 mm (0.1 in) along the surface of the skin from the top of the skin at the neck line. This is referred to as ``Point 1.'' S22.4.1.2 Mark a point on the instrument panel that is longitudinally and transversely, as measured along the surface of the instrument panel, within 6 mm (0.2 in) of the point that is defined by the intersection of the instrument panel and a line between the volumetric center of the smallest volume that can encompass the folded undeployed air bag and the volumetric center of the static fully inflated air bag. S22.4.1.3 Locate the vertical plane parallel to the vehicle longitudinal centerline through the point located in S22.4.1.2. This is referred to as ``Plane D.'' S22.4.1.4 Locate the horizontal plane through the point located in S22.4.1.2. This is referred to as ``Plane C.'' S22.4.2 Position 1 (chest on instrument panel). S22.4.2.1 Set the seat and seat cushion in the positions determined in S16.2.10.3.1. If the seat back is adjustable independent of the seat, place the seat back at the manufacturer's nominal design seat back angle for a 50th percentile adult male as specified in S8.1.3. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. If adjustable, set the head restraint in the lowest and most forward position. S22.4.2.2 Place the dummy in any front outboard passenger seat such that: S22.4.2.2.1 The midsagittal plane is coincident with Plane D within 10 mm (0.4 in). S22.4.2.2.2 The legs are initially vertical to the floor pan. The legs and thighs shall be adjusted to the extent necessary for the head/ torso to contact the instrument panel as specified in S22.4.2.3. S22.4.2.2.3 The upper arms are parallel to the torso and the hands are in contact with the thighs. S22.4.2.3 Without changing the seat position and with the dummy's thorax instrument cavity rear face vertical, move the dummy forward until the dummy head/torso contacts the instrument panel. If the dummy loses contact with the seat cushion because of the forward movement, maintain the height of the dummy and the angle of the thigh with respect to the torso. Once contact is made, raise the dummy vertically until Point 1 lies in Plane C within 10 mm (0.4 in). If the dummy's head contacts the windshield and keeps Point 1 from reaching Plane C, lower the dummy until there is no more than 5 mm (0.2 in) clearance between the head and the windshield. (The dummy shall remain in contact with the instrument panel while being raised or lowered, which may change the dummy's fore-aft position.) S22.4.2.4 If possible, position the legs of the dummy so that the legs are vertical and the feet rest flat on the floor pan of the vehicle. If the positioning against the instrument panel does not allow the feet to be on the floor pan, the feet shall be parallel to the floor pan. S22.4.2.5 If necessary, material with a maximum breaking strength of 311 N (70 lb) and spacer blocks may be used to support the dummy in position. The material should support the torso rather than the head. Support the dummy so that there is minimum interference with the full rotational and translational freedom for the upper torso of the dummy and the material does not interfere with the air bag. S22.4.3 Position 2 (head on instrument panel). [[Page 847]] S22.4.3.1 Place any front outboard passenger seat at the mid-height, in full rearward seating position determined in S22.1.7.4. Place the seat back, if adjustable independent of the seat, at the manufacturer's nominal design seat back angle for a 50th percentile adult male as specified in S8.1.3. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. If adjustable, set the head restraint in the lowest and most forward position. S22.4.3.2 Place the dummy in any front outboard passenger seat such that: S22.4.3.2.1 The midsagittal plane is coincident with Plane D within 10 mm (0.4 in). S22.4.3.2.2 The legs are vertical to the floor pan, the back of the legs are in contact with the seat cushion, and the dummy's thorax instrument cavity rear face is vertical. If it is not possible to position the dummy with the legs in the prescribed position, rotate the legs forward until the dummy is resting on the seat with the feet positioned flat on the floor pan, and the back of the legs are in contact with the front of the seat cushion. Set the transverse distance between the longitudinal centerlines at the front of the dummy's knees at 86 to 91 mm (3.4 to 3.6 in), with the thighs and the legs of the dummy in vertical planes. S22.4.3.2.3 The upper arms are parallel to the torso and the hands are in contact with the thighs. S22.4.3.3 Using only the control that primarily moves the seat in the fore and aft direction, move the seat forward, while maintaining the thorax instrument cavity rear face orientation until any part of the dummy contacts the vehicle's instrument panel. S22.4.3.4 If dummy contact has not been made with the vehicle's instrument panel at the full forward seating position of the seat, slide the dummy forward until contact is made. Maintain the thorax instrument cavity rear face vertical orientation. If the dummy loses contact with the seat, from that point forward, maintain the height of the dummy. Except as provided in S22.4.3.5, maintain the angle of the thigh with respect to the horizontal. S22.4.3.5 If head/torso contact with the instrument panel has not been made, maintain the angle of the thighs with respect to the horizontal while applying a force towards the front of the vehicle on the spine of the dummy between the shoulder joints, perpendicular to the thorax instrument cavity rear face, until the head or torso comes into contact with the vehicle's instrument panel or until a maximum force of 222 N (50 lb) is achieved. If the head/torso is still not in contact with the instrument panel, hold the femurs and release the 222 N (50 lb) force. While maintaining the relative angle between the torso and the femurs, roll the dummy forward on the seat cushion, without sliding, until head/torso contact with the instrument panel is achieved. If seat contact is lost prior to or during femur rotation out of the horizontal plane, constrain the dummy to rotate about the dummy H-point. If the dummy cannot be rolled forward on the seat due to contact of the dummy feet with the floor pan, extend the lower legs forward, at the knees, until floor pan contact is avoided. S22.4.3.6 If necessary, material with a maximum breaking strength of 311 N (70 lb) and spacer blocks may be used to support the dummy in position. The material should support the torso rather than the head. Support the dummy so that there is minimum interference with the full rotational and translational freedom for the upper torso of the dummy and the material does not interfere with the air bag. S22.4.4 Deploy any front outboard passenger frontal air bag system. If the frontal air bag system contains a multistage inflator, the vehicle shall be able to comply with the injury criteria at any stage or combination of stages or time delay between successive stages that could occur in a rigid barrier crash test at or below 26 km/h (16 mph), under the test procedure specified in S22.5. S22.5 Test procedure for determining stages of air bag systems subject to low risk deployment (low speed crashes) test requirement. S22.5.1 The test described in S22.5.2 shall be conducted with an unbelted 50th percentile adult male test dummy [[Page 848]] in the driver's seating position according to S8 as it applies to that seating position and an unbelted 5th percentile adult female test dummy either in any front outboard passenger vehicle seating position according to S16 as it applies to that seating position or at any fore- aft seat position on any passenger side. S22.5.2 Impact the vehicle traveling longitudinally forward at any speed, up to and including 26 km/h (16 mph) into a fixed rigid barrier that is perpendicular 5 degrees to the line of travel of the vehicle under the applicable conditions of S8, S10, and S16 excluding S10.7, S10.8, S10.9, and S16.3.5. S22.5.3 Determine which inflation stage or combination of stages are fired and determine the time delay between successive stages. That stage or combination of stages, with time delay between successive stages, shall be used in deploying the air bag when conducting the low risk deployment tests described in S22.4, S24.4, and S26. S22.5.4 If the air bag does not deploy in the impact described in S22.5.2, the low risk deployment tests described in S22.4, S24.4, and S26 shall be conducted with all stages using the maximum time delay between stages. S23 Requirements using 6-year-old child dummies. S23.1 Each vehicle that is certified as complying with S14 shall, at the option of the manufacturer, meet the requirements specified in S23.2, S23.3, or S23.4, under the test procedures specified in S24 or S28, as applicable. S23.2 Option 1--Automatic suppression feature. Each vehicle shall meet the requirements specified in S23.2.1 through S23.2.3. S23.2.1 The vehicle shall be equipped with an automatic suppression feature for any front outboard passenger frontal air bag system which results in deactivation of the air bag during each of the static tests specified in S24.2 (using the 49 CFR part 572 subpart N 6-year-old child dummy in any of the child restraints specified in section D of appendix A or A-1 of this standard, as appropriate), and activation of the air bag system during each of the static tests specified in S24.3 (using the 49 CFR part 572 subpart O 5th percentile adult female dummy). S23.2.2 The vehicle shall be equipped with a telltale light meeting the requirements specified in S19.2.2. S23.2.3 The vehicle shall be equipped with a mechanism that indicates whether the air bag is suppressed, regardless of whether any front outboard passenger seat is occupied. The mechanism need not be located in the occupant compartment unless it is the telltale described in S23.2.2. S23.3 Option 2--Dynamic automatic suppression system that suppresses the air bag when an occupant is out of position. (This option is available under the conditions set forth in S27.1.) The vehicle shall be equipped with a dynamic automatic suppression system for any front outboard passenger frontal air bag system which meets the requirements specified in S27. S23.4 Option 3--Low risk deployment. Each vehicle shall meet the injury criteria specified in S23.5 of this standard when any front outboard passenger air bag is statically deployed in accordance with both of the low risk deployment test procedures specified in S24.4. S23.5 Injury criteria for the 49 CFR part 572 subpart N 6-year-old child dummy. S23.5.1 All portions of the test dummy shall be contained within the outer surfaces of the vehicle passenger compartment. S23.5.2 Head injury criteria. (a) For any two points in time, t1 and t2, during the event which are separated by not more than a 15 millisecond time interval and where t1 is less than t2, the head injury criterion (HIC15) shall be determined using the resultant head acceleration at the center of gravity of the dummy head, ar, expressed as a multiple of g (the acceleration of gravity) and shall be calculated using the expression: [GRAPHIC] [TIFF OMITTED] TR18DE01.001 (b) The maximum calculated HIC15 value shall not exceed 700. S23.5.3 The resultant acceleration calculated from the output of the thoracic instrumentation shall not exceed 60 g's, except for intervals whose cumulative duration is not more than 3 milliseconds. [[Page 849]] S23.5.4 Compression deflection of the sternum relative to the spine, as determined by instrumentation, shall not exceed 40 mm (l.6 in). S23.5.5 Neck injury. When measuring neck injury, each of the following injury criteria shall be met. (a) Nij. (1) The shear force (Fx), axial force (Fz), and bending moment (My) shall be measured by the dummy upper neck load cell for the duration of the crash event as specified in S4.11. Shear force, axial force, and bending moment shall be filtered for Nij purposes at SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5) Channel Frequency Class 600. (2) During the event, the axial force (Fz) can be either in tension or compression while the occipital condyle bending moment (Mocy) can be in either flexion or extension. This results in four possible loading conditions for Nij: tension-extension (Nte), tension-flexion (Ntf), compression-extension (Nce), or compression-flexion (Ncf). (3) When calculating Nij using equation S23.5.5(a)(4), the critical values, Fzc and Myc, are: (i) Fzc = 2800 N (629 lbf) when Fz is in tension (ii) Fzc = 2800 N (629 lbf) when Fz is in compression (iii) Myc = 93 Nm (69 lbf-ft) when a flexion moment exists at the occipital condyle (iv) Myc = 37 Nm (27 lbf-ft) when an extension moment exists at the occipital condyle. (4) At each point in time, only one of the four loading conditions occurs and the Nij value corresponding to that loading condition is computed and the three remaining loading modes shall be considered a value of zero. The expression for calculating each Nij loading condition is given by: Nij = (Fz / Fzc) + (Mocy / Myc) (5) None of the four Nij values shall exceed 1.0 at any time during the event. (b) Peak tension. Tension force (Fz), measured at the upper neck load cell, shall not exceed 1490 N (335 lbf) at any time. (c) Peak compression. Compression force (Fz), measured at the upper neck load cell, shall not exceed 1820 N (409 lbf) at any time. S23.5.6 Unless otherwise indicated, instrumentation for data acquisition, data channel frequency class, and moment calculations are the same as given for the 49 CFR part 572 subpart N 6-year-old child test dummy. S24 Test procedure for S23. S24.1 General provisions and definitions. S24.1.1 Tests specifying the use of a booster seat may be conducted using any such restraint listed in section D of appendix A or A-1 of this standard, as appropriate. The booster seat may be unused or have been previously used only for automatic suppression tests. If it has been used, there shall not be any visible damage prior to the test. Booster seats are to be used in the manner appropriate for a 6-year-old child of the same height and weight as the 6-year-old child dummy. S24.1.2 Unless otherwise specified, each vehicle certified to this option shall comply in tests conducted with any front outboard passenger seating position at the mid-height, in the full rearward seat track position, the middle seat track position, and the full forward seat track position as determined in this section. Using only the control that primarily moves the seat in the fore and aft direction, determine the full rearward, middle, and full forward positions of the SCRP. Using any seat or seat cushion adjustments other than that which primarily moves the seat fore-aft, determine the SCRP mid-point height for each of the three fore-aft test positions, while maintaining as closely as possible, the seat cushion angle determined in S16.2.10.3.1. Set the seat back angle, if adjustable independent of the seat, at the manufacturer's nominal design seat back angle for a 50th percentile adult male as specified in S8.1.3. If the dummy contacts the vehicle interior, move the seat rearward to the next detent that provides clearance. If the seat is a power seat, move the seat rearward while assuring that there is a maximum of 5 mm (0.2 in) distance between the vehicle interior and the point on the dummy that would first contact the vehicle interior. [[Page 850]] S24.1.3 Except as otherwise specified, if the booster seat has an anchorage system as specified in S5.9 of FMVSS No. 213 and is used under this standard in testing a vehicle with any front outboard passenger vehicle seat that has an anchorage system as specified in FMVSS No. 225, the vehicle shall comply with the belted test conditions with the restraint anchorage system attached to the FMVSS No. 225 vehicle seat anchorage system and the vehicle seat belt unattached. It shall also comply with the belted test conditions with the restraint anchorage system unattached to the FMVSS No. 225 vehicle seat anchorage system and the vehicle seat belt attached. The vehicle shall comply with the unbelted test conditions with the restraint anchorage system unattached to the FMVSS No. 225 vehicle seat anchorage system. S24.1.4 Do not attach any tethers. S24.1.5 The definitions provided in S16.3.1 through S16.3.10 apply to the tests specified in S24. S24.1.6 For leg and thigh angles, use the following references: S24.1.6.1 Thigh--a straight line on the thigh skin between the center of the 5/16-18 UNC-2B threaded access hole in the upper leg clamp (drawing 127-4004, 6 YR H3--upper leg clamp) and the knee screw (part 9000248 in drawing 127-4000-1 & -2, leg assembly). S24.1.6.2 Leg--a straight line on the leg skin between the center of the lower leg screw (part 9001170 in drawing 127-4000-1 & -2, leg assembly) and the knee screw (part 9000248 in drawing 127-4000-1 & -2, leg assembly). S24.2 Static tests of automatic suppression feature which shall result in deactivation of any passenger air bag, associated with that designated seating position. Each vehicle that is certified as complying with S23.2 of FMVSS No. 208 shall meet the following test requirements with the child restraint in any front outboard passenger vehicle seat under the following conditions: (a) Using the vehicle safety belts as specified in S22.2.1.5 with section D child restraints designed to be secured to the vehicle seat even when empty; (b) If the child restraint is certified to S5.9 of Sec. 571.213, and the vehicle seat has an anchorage system as specified in Sec. 571.225, using only the mechanism provided by the child restraint manufacturer for attachment to the lower anchorage as specified in S22.2.1.6; and (c) Without securing the child restraint with either the vehicle safety belts or any mechanism provided with a child restraint certified to S5.9 of Sec. 571.213. S24.2.1 Except as provided in S24.2.2, conduct all tests as specified in S22.2, except that the 49 CFR part 572 subpart N 6-year-old child dummy shall be used. S24.2.2 Exceptions. The tests specified in the following paragraphs of S22.2 need not be conducted: S22.2.1.7, S22.2.2.3, S22.2.2.5, S22.2.2.6, S22.2.2.7, and S22.2.2.8. S24.2.3 Sitting back in the seat and leaning on any front outboard passenger door. (a) Place the dummy in the seated position in any front outboard passenger vehicle seat. For bucket seats, position the midsagittal plane of the dummy vertically such that it coincides with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). For bench seats in vehicles with manually operated driving controls, position the midsagittal plane of the dummy vertically and parallel to the vehicle's longitudinal centerline and the same distance from the longitudinal centerline of the vehicle, within 10 mm (0.4 in), as the center of rotation of the steering control. For bench seats in vehicles without manually operated driving controls, position the midsagittal plane of any front outboard dummy vertically and parallel to the vehicle's longitudinal centerline, within 10 mm (0.4 in) of the seating reference point of the seat that it occupies. (b) Place the dummy's back against the seat back and rest the dummy's thighs on the seat cushion. (c) Allow the legs and feet of the dummy to extend off the surface of the seat. If this positioning of the dummy's legs is prevented by contact with the instrument panel, using only the control that primarily moves the seat fore and aft, move the seat rearward to the next detent that provides clearance. If the seat is a power seat, move the seat rearward, while assuring that there is a [[Page 851]] maximum of 5 mm (0.2 in) distance between the vehicle interior and the part of the dummy that was in contact with the vehicle interior. (d) Rotate the dummy's upper arms toward the seat back until they make contact. (e) Rotate the dummy's lower arms down until they contact the seat. (f) Close the vehicle's passenger-side door and then start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system. (g) Push against the dummy's left shoulder to lean the dummy against the door; close all remaining doors. (h) Wait ten seconds, then check whether the air bag is deactivated. S24.3 Static tests of automatic suppression feature which shall result in activation of any front outboard passenger air bag system. S24.3.1 Each vehicle certified to this option shall comply in tests conducted with any front outboard passenger seating position at the mid- height, in the full rearward and middle positions determined in S24.1.2, and the forward position determined in S16.3.3.1.8. S24.3.2 Place a 49 CFR part 572 subpart O 5th percentile adult female test dummy at any front outboard passenger seating position of the vehicle, in accordance with procedures specified in S16.3.3 of this standard, except as specified in S24.3.1. Do not fasten the seat belt. S24.3.3 Start the vehicle engine or place the ignition in the ``on'' position, whichever will turn on the suppression system, and then close all vehicle doors. S24.3.4 Wait 10 seconds, then check whether the air bag system is activated. S24.4 Low risk deployment tests. S24.4.1 Each vehicle that is certified as complying with S23.4 shall meet the following test requirements with the 49 CFR part 572, subpart N 6-year-old child dummy in both of the following positions: Position 1 (S24.4.2) or Position 2 (S24.4.3). S24.4.1.1 Locate and mark a point on the front of the dummy's chest jacket on the midsagittal plane that is 139 mm (5.5 in) 3 mm (0.1in) along the surface of the skin from the top of the skin at the neckline. This is referred to as ``Point 1.'' S24.4.1.2 Mark a point on the instrument panel that is longitudinally and transversely, as measured along the surface of the instrument panel, within 6 mm (0.2 in) of the point that is defined by the intersection of the instrument panel and a line between the volumetric center of the smallest volume that can encompass the folded undeployed air bag and the volumetric center of the static fully inflated air bag. S22.4.1.3 Locate the vertical plane parallel to the vehicle longitudinal centerline through the point located in S24.4.1.2. This is referred to as ``Plane D.'' S24.4.1.4 Locate the horizontal plane through the point located in S24.4.1.2. This is referred to as ``Plane C.'' S24.4.2 Position 1 (chest on instrument panel). S24.4.2.1 Set the seat and seat cushion in the positions determined in S16.2.10.3.1. If the seat back is adjustable independent of the seat, place the seat back at the manufacturer's nominal design seat back angle for a 50th percentile adult male as specified in S8.1.3. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. If adjustable, set the head restraint in the lowest and most forward position. S24.4.2.2 Remove the legs of the dummy at the pelvic interface. S24.4.2.3 Place the dummy in any front outboard passenger seat such that: (a) The midsagittal plane is coincident with Plane D within 10 mm (0.4 in). (b) The upper arms are parallel to the torso and the hands are next to where the thighs would be. (c) Without changing the seat position and with the dummy's thorax instrument cavity rear face 6 degrees forward of the vertical, move the dummy forward until the dummy head/torso contacts the instrument panel. If the dummy loses contact with the seat cushion because of the forward movement, maintain the height of the [[Page 852]] dummy while moving the dummy forward. If the head contacts the windshield before head/torso contact with the instrument panel, maintain the thorax instrument cavity angle and move the dummy forward such that the head is following the angle of the windshield until there is head/ torso contact with the instrument panel. Once contact is made, raise or lower the dummy vertically until Point 1 lies in Plane C within 10 mm (0.4 in). If the dummy's head contacts the windshield and keeps Point 1 from reaching Plane C, lower the dummy until there is no more than 5 mm (0.2 in) clearance between the head and the windshield. (The dummy shall remain in contact with the instrument panel while being raised or lowered which may change the dummy's fore-aft position.) S24.4.2.4 If necessary, material with a maximum breaking strength of 311 N (70 lb) and spacer blocks may be used to support the dummy in position. The material should support the torso rather than the head. Support the dummy so that there is minimum interference with the full rotational and translational freedom for the upper torso of the dummy and the material does not interfere with the air bag. S24.4.3 Position 2 (head on instrument panel). S24.4.3.1 Place any front outboard passenger seat at the mid-height full rearward seating position determined in S24.1.2. Place the seat back, if adjustable independent of the seat, at the manufacturer's nominal design seat back angle for a 50th percentile adult male as specified in S8.1.3. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. Position an adjustable head restraint in the lowest and most forward position. S24.4.3.2 Place the dummy in any front outboard passenger seat such that: (a) The midsagittal plane is coincident with Plane D within 10 mm (0.4 in). (b) The legs are perpendicular to the floor pan, the back of the legs are in contact with the seat cushion, and the dummy's thorax instrument cavity rear face is 6 degrees forward of vertical. If it is not possible to position the dummy with the legs in the prescribed position, rotate the legs forward until the dummy is resting on the seat with the feet positioned flat on the floor pan and the back of the legs are in contact with the front of the seat cushion. Set the transverse distance between the longitudinal centerlines at the front of the dummy's knees at 112 to 117 mm (4.4 to 4.6 in), with the thighs and the legs of the dummy in vertical planes. (c) The upper arms are parallel to the torso and the hands are in contact with the thighs. S24.4.3.3 Using only the control that primarily moves the seat in the fore and aft direction, move the seat forward, while maintaining the thorax instrument cavity rear face orientation until any part of the dummy contacts the vehicle's instrument panel. S24.4.3.4 If dummy contact has not been made with the vehicle's instrument panel at the full forward seating position of the seat, slide the dummy forward on the seat until contact is made. Maintain the thorax instrument cavity rear face orientation. If the dummy loses contact with the seat, from that point forward maintain the height of the dummy. Except as provided in S24.4.3.5, maintain the angle of the thigh with respect to the horizontal. S24.4.3.5 If head/torso contact with the instrument panel has not been made, maintain the angle of the thighs with respect to the horizontal while applying a force towards the front of the vehicle on the spine of the dummy between the shoulder joints, perpendicular to the thorax instrument cavity rear face, until the head or torso comes into contact with the vehicle's instrument panel or until a maximum force of 222 N (50 lb) is achieved. If the head/torso is still not in contact with the instrument panel, hold the femurs and release the 222 N (50 lb) force. While maintaining the relative angle between the torso and the femurs, roll the dummy forward on the seat cushion, without sliding, until head/torso contact with the instrument panel is achieved. If seat contact is lost prior to or during femur rotation out of the horizontal plane, constrain the dummy [[Page 853]] to rotate about the dummy H-point. If the dummy cannot be rolled forward on the seat due to contact of the dummy feet with the floor pan, extend the lower legs forward, at the knees, until floor pan contact is avoided. S24.4.3.6 If necessary, material with a maximum breaking strength of 311 N (70 lb) and spacer blocks may be used to support the dummy in position. The material should support the torso rather than the head. Support the dummy so that there is minimum interference with the full rotational and translational freedom for the upper torso of the dummy and the material does not interfere with the air bag. S24.4.4 Deploy any front outboard passenger frontal air bag system. If the frontal air bag system contains a multistage inflator, the vehicle shall be able to comply with the injury criteria at any stage or combination of stages or time delay between successive stages that could occur in a rigid barrier crash test at or below 26 km/h (16 mph), under the test procedure specified in S22.5. S25 Requirements using an out-of-position 5th percentile adult female dummy at the driver position. S25.1 Each vehicle certified as complying with S14 shall, at the option of the manufacturer, meet the requirements specified in S25.2 or S25.3 under the test procedures specified in S26 or S28, as appropriate. S25.2 Option 1--Dynamic automatic suppression system that suppresses the air bag when the driver is out of position. (This option is available under the conditions set forth in S27.1.) The vehicle shall be equipped with a dynamic automatic suppression system for the driver air bag which meets the requirements specified in S27. S25.3 Option 2--Low risk deployment. Each vehicle shall meet the injury criteria specified by S15.3 of this standard, except as modified in S25.4, when the driver air bag is statically deployed in accordance with both of the low risk deployment test procedures specified in S26. S25.4 Neck injury criteria driver low risk deployment tests. When measuring neck injury in low risk deployment tests for the driver position, each of the following neck injury criteria shall be met. (a) Nij. (1) The shear force (Fx), axial force (Fz), and bending moment (My) shall be measured by the dummy upper neck load cell for the duration of the crash event as specified in S4.11. Shear force, axial force, and bending moment shall be filtered for Nij purposes at SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5) Channel Frequency Class 600. (2) During the event, the axial force (Fz) can be either in tension or compression while the occipital condyle bending moment (Mocy) can be in either flexion or extension. This results in four possible loading conditions for Nij: tension-extension (Nte), tension-flexion (Ntf), compression-extension (Nce), or compression-flexion (Ncf). (3) When calculating Nij using equation S25.4(a)(4), the critical values, Fzc and Myc, are: (i) Fzc = 3880 N (872 lbf) when Fz is in tension (ii) Fzc = 3880 N (872 lbf) when Fz is in compression (iii) Myc = 155 Nm (114 lbf-ft) when a flexion moment exists at the occipital condyle (iv) Myc = 61 Nm (45 lbf-ft) when an extension moment exists at the occipital condyle. (4) At each point in time, only one of the four loading conditions occurs and the Nij value corresponding to that loading condition is computed and the three remaining loading modes shall be considered a value of zero. The expression for calculating each Nij loading condition is given by: Nij = (Fz / Fzc) + (Mocy / Myc) (5) None of the four Nij values shall exceed 1.0 at any time during the event. (b) Peak tension. Tension force (Fz), measured at the upper neck load cell, shall not exceed 2070 N (465 lbf) at any time. (c) Peak compression. Compression force (Fz), measured at the upper neck load cell, shall not exceed 2520 N (566 lbf) at any time. (d) Unless otherwise indicated, instrumentation for data acquisition, [[Page 854]] data channel frequency class, and moment calculations are the same as given in 49 CFR part 572 subpart O 5th percentile female test dummy. S26 Procedure for low risk deployment tests of driver air bag. S26.1 Each vehicle that is certified as complying with S25.3 shall meet the requirements of S25.3 and S25.4 with the 49 CFR part 572 subpart O 5th percentile adult female dummy in both of the following positions: Driver position 1 (S26.2) and Driver position 2 (S26.3). S26.2 Driver position 1 (chin on module). S26.2.1 Adjust the steering controls so that the steering control hub is at the geometric center of the locus it describes when it is moved through its full range of driving positions. If there is no setting at the geometric center, position it one setting lower than the geometric center. Set the rotation of the steering control so that the vehicle wheels are pointed straight ahead. S26.2.2 Mark a point on the steering control cover that is longitudinally and transversely, as measured along the surface of the steering control cover, within 6 mm (0.2 in) of the point that is defined by the intersection of the steering control cover and a line between the volumetric center of the smallest volume that can encompass the folded undeployed air bag and the volumetric center of the static fully inflated air bag. Locate the vertical plane parallel to the vehicle longitudinal centerline through the point located on the steering control cover. This is referred to as ``Plane E.'' S26.2.3 Place the seat and seat cushion in the position achieved in S16.2.10.3.1. If the seat or seat cushion is adjustable in the vertical direction by adjustments other than that which primarily moves the seat or seat cushion fore-aft, determine the maximum and minimum heights of the SCRP at this position, while maintaining the seat cushion reference line angle as closely as possible. Place the SCRP in the mid-height position. If the seat back is adjustable independent of the seat, place the seat back at the manufacturer's nominal design seat back angle for a 50th percentile adult male as specified in S8.1.3. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. Position an adjustable head restraint in the lowest and most forward position. S26.2.4 Place the dummy in the driver's seat such that: S26.2.4.1 The midsagittal plane is coincident with Plane E within 10 mm (0.4 in). S26.2.4.2 The legs are perpendicular to the floor pan and the back of the legs are in contact with the seat cushion. The legs may be adjusted if necessary to achieve the final head position. S26.2.4.3 The dummy's thorax instrument cavity rear face is 6 degrees forward (toward the front of the vehicle) of the steering control angle (i.e., if the steering control angle is 25 degrees from vertical, the thorax instrument cavity rear face angle is 31 degrees). S26.2.4.4 The initial transverse distance between the longitudinal centerlines at the front of the dummy's knees is 160 to 170 mm (6.3 to 6.7 in), with the thighs and legs of the dummy in vertical planes. S26.2.4.5 The upper arms are parallel to the torso and the hands are in contact with the thighs. S26.2.5 Maintaining the spine angle, slide the dummy forward until the head/torso contacts the steering control. S26.2.6 While maintaining the spine angle, adjust the height of the dummy so that the bottom of the chin is in the same horizontal plane as the highest point of the air bag module cover (dummy height can be adjusted using the seat height adjustments and/or spacer blocks). If the seat prevents the bottom of the chin from being in the same horizontal plane as the module cover, adjust the dummy height to as close to the prescribed position as possible. S26.2.7 If necessary, material with a maximum breaking strength of 311 N (70 lb) and spacer blocks may be used to support the dummy in position. The material should support the torso rather than the head. Support the dummy so that there is minimum interference with the full rotational and translational freedom for the upper [[Page 855]] torso of the dummy and the material does not interfere with the air bag. S26.3 Driver position 2 (chin on rim). S26.3.1 Place the seat and seat cushion in the position achieved in S16.2.10.3.1. If the seat or seat cushion is adjustable in the vertical direction by adjustments other than that which primarily moves the seat or seat cushion fore-aft, determine the maximum and minimum heights of the SCRP at this position, while maintaining the seat cushion reference line angle as closely as possible. Place the SCRP in the mid-height position. If the seat back is adjustable independent of the seat, place the seat back at the manufacturer's nominal design seat back angle for a 50th percentile adult male as specified in S8.1.3. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position. Position an adjustable head restraint in the lowest position. S26.3.2 Adjust the steering controls so that the steering control hub is at the geometric center of the locus it describes when it is moved through its full range of driving positions. If there is no setting at the geometric center, position it one setting lower than the geometric center. Set the rotation of the steering control so that the vehicle wheels are pointed straight ahead. S26.3.3 Mark a point on the steering control cover that is longitudinally and transversely, as measured along the surface of the steering control cover, within 6 mm (0.2 in) of the point that is defined by the intersection of the steering control cover and a line between the volumetric center of the smallest volume that can encompass the folded undeployed air bag and the volumetric center of the static fully inflated air bag. Locate the vertical plane parallel to the vehicle longitudinal centerline through the point located on the steering control cover. This is referred to as ``Plane E.'' S26.3.4 Place the dummy in the driver's seat position such that: S26.3.4.1 The midsagittal plane is coincident with Plane E within 10 mm (0.4 in). S26.3.4.2 The legs are perpendicular to the floor pan and the back of the legs are in contact with the seat cushion. The legs may be adjusted if necessary to achieve the final head position. S26.3.4.3 The dummy's thorax instrument cavity rear face is 6 degrees forward (toward the front of the vehicle) of the steering control angle (i.e., if the steering control angle is 25 degrees from vertical, the thorax instrument cavity rear face angle is 31 degrees). S26.3.4.4 The initial transverse distance between the longitudinal centerlines at the front of the dummy's knees is 160 to 170 mm (6.3 to 6.7 in), with the thighs and legs of the dummy in vertical planes. S26.3.4.5 The upper arms are parallel to the torso and the hands are in contact with the thighs. S26.3.5 Maintaining the spine angle, slide the dummy forward until the head/torso contacts the steering control. S26.3.6 While maintaining the spine angle, position the dummy so that a point on the chin 40 mm (1.6 in) 3 mm (0.1 in) below the center of the mouth (chin point) is, within 10 mm (0.4 in), in contact with a point on the steering control rim surface closest to the dummy that is 10 mm (0.4 in) vertically below the highest point on the rim in Plane E. If the dummy's head contacts the vehicle windshield or upper interior before the prescribed position can be obtained, lower the dummy until there is no more than 5 mm (0.2 in) clearance between the vehicle's windshield or upper interior, as applicable. S26.3.7 If the steering control can be adjusted so that the chin point can be in contact with the rim of the uppermost portion of the steering control, adjust the steering control to that position. If the steering control contacts the dummy's leg(s) prior to attaining this position, adjust it to the next highest detent, or if infinitely adjustable, until there is a maximum of 5 mm (0.2 in) clearance between the control and the dummy's leg(s). Readjust the dummy's torso such that the thorax instrument cavity rear face is 6 degrees forward of the steering control angle. Position the dummy so that the chin point is in contact, or if contact is not achieved, as close as possible to contact with the rim of the uppermost portion of the steering control. [[Page 856]] S26.3.8 If necessary, material with a maximum breaking strength of 311 N (70 lb) and spacer blocks may be used to support the dummy in position. The material should support the torso rather than the head. Support the dummy so that there is minimum interference with the full rotational and translational freedom for the upper torso of the dummy and the material does not interfere with the air bag. S26.4 Deploy the driver frontal air bag system. If the frontal air bag system contains a multistage inflator, the vehicle shall be able to comply with the injury criteria at any stage or combination of stages or time delay between successive stages that could occur in a rigid barrier crash test at or below 26 km/h (16 mph), under the test procedure specified in S22.5. S27 Option for dynamic automatic suppression system that suppresses the air bag when an occupant is out-of-position. S27.1 Availability of option. This option is available for either air bag, singly or in conjunction, subject to the requirements of S27, if: (a) A petition for rulemaking to establish dynamic automatic suppression system test procedures is submitted pursuant to subpart B of part 552 and a test procedure applicable to the vehicle is added to S28 pursuant to the procedures specified by that subpart, or (b) A test procedure applicable to the vehicle is otherwise added to S28. S27.2 Definitions. For purposes of S27 and S28, the following definitions apply: Automatic suppression zone or ASZ means a three-dimensional zone adjacent to the air bag cover, specified by the vehicle manufacturer, where the deployment of the air bag will be suppressed by the DASS if a vehicle occupant enters the zone under specified conditions. Dynamic automatic suppression system or DASS means a portion of an air bag system that automatically controls whether or not the air bag deploys during a crash by: (1) Sensing the location of an occupant, moving or still, in relation to the air bag; (2) Interpreting the occupant characteristics and location information to determine whether or not the air bag should deploy; and (3) Activating or suppressing the air bag system based on the interpretation of occupant characteristics and location information. S27.3 Requirements. Each vehicle shall, at each applicable front outboard designated seating position, when tested under the conditions of S28 of this standard, comply with the requirements specified in S27.4 through S27.6. S27.4 Each vehicle shall be equipped with a DASS. S27.5 Static test requirement (low risk deployment for occupants outside the ASZ). S27.5.1 Driver (49 CFR part 572 subpart O 5th percentile female dummy). Each vehicle shall meet the injury criteria specified in S15.3 of this standard when the driver air bag is deployed in accordance with the procedures specified in S28.1. S27.5.2 Front outboard passenger (49 CFR part 572 subpart P 3-year- old child dummy and 49 CFR part 572 subpart N 6-year-old child dummy). Each vehicle shall meet the injury criteria specified in S21.5 and S23.5, as appropriate, when any front outboard passenger air bag is deployed in accordance with the procedures specified in S28.2. S27.6 Dynamic test requirement (suppression of air bag for occupants inside the ASZ). S27.6.1 Driver. The DASS shall suppress the driver air bag before the head, neck, or torso of the specified test device enters the ASZ when the vehicle is tested under the procedures specified in S28.3. S27.6.2 Front outboard passenger. The DASS shall suppress any front outboard passenger air bag before head, neck, or torso of the specified test device enters the ASZ when the vehicle is tested under the procedures specified in S28.4. S28 Test procedure for S27 of this standard. [Reserved] S28.1 Driver suppression zone verification test (49 CFR part 572 Subpart O 5th percentile female dummy). [Reserved] S28.2 Front outboard passenger suppression zone verification test (49 CFR part 572 subpart P 3-year-old child [[Page 857]] dummy and 49 CFR part 572 subpart N 6-year-old child dummies). [Reserved] S28.3 Driver dynamic test procedure for DASS requirements. [Reserved] S28.4 Front outboard passenger dynamic test procedure for DASS requirements. [Reserved] S29 Manufacturer option to certify vehicles to certain static suppression test requirements using human beings rather than test dummies. S29.1 At the option of the manufacturer, instead of using test dummies in conducting the tests for the following automatic suppression and occupant recognition parts of the low risk deployment test requirements, human beings may be used as specified. If human beings are used, they shall assume, to the extent possible, the final physical position specified for the corresponding dummies for each test. (a) If a manufacturer decides to certify a vehicle using a human being for a test of the passenger automatic suppression, it shall use humans for the entire series of tests, e.g., 3-year-old children for each test of the system involving 3-year-old test dummies. If a manufacturer decides to certify a vehicle using a test dummy for a test of the system, it shall use test dummies for the entire series of tests, e.g., a Hybrid III 3-year-old child dummy for each test of the system involving 3-year-old child test dummies. (b) For S19.2, instead of using the 49 CFR part 572 subpart R 12- month-old child dummy, a human child who weighs between 8.2 and 9.1 kg (18 and 20 lb), and who is between 61 and 66 cm (24 and 26 in) tall may be used. (c) For S19.2, instead of using the 49 CFR part 572 subpart K newborn infant dummy, a human child who weighs between 8.2 and 9.1 kg (18 and 20 lb), and who is between 61 and 66 cm (24 and 26 in) tall may be used. (d) For S21.2 and S21.5.1, instead of using the 49 CFR part 572 subpart P 3-year-old child dummy, a human child who weighs between 13.4 and 18 kg (29.5 and 39.5 lb), and who is between 89 and 99 cm (35 and 39 in) tall may be used. (e) For S23.2 and S23.5.1, instead of using the 49 CFR part 572 subpart N 6-year-old child dummy, a human child who weighs between 21 and 25.6 kg (46.5 and 56.5 lb), and who is between 114 and 124.5 cm (45 and 49 in) tall may be used. (f) For S19.2, S21.2, and S23.2, instead of using the 49 CFR part 572 subpart O 5th percentile adult female test dummy, a female who weighs between 46.7 and 51.25 kg (103 and 113 lb), and who is between 139.7 and 150 cm (55 and 59 in) tall may be used. S29.2 Human beings shall be dressed in a cotton T-shirt, full length cotton trousers, and sneakers. Specified weights and heights include clothing. S29.3 A manufacturer exercising this option shall upon request: (a) Provide NHTSA with a method to deactivate the air bag during compliance testing under S20.2, S20.3, S22.2, S22.3, S24.2, and S24.3, and identify any parts or equipment necessary for deactivation; such assurance may be made by removing the air bag; and (b) Provide NHTSA with a method to assure that the same test results would be obtained if the air bag were not deactivated. Figures to Sec. 571.208 Figure 1. [Reserved] [[Page 858]] [GRAPHIC] [TIFF OMITTED] TC01AU91.084 [GRAPHIC] [TIFF OMITTED] TC01AU91.089 [[Page 859]] [GRAPHIC] [TIFF OMITTED] TC01AU91.087 [[Page 860]] [GRAPHIC] [TIFF OMITTED] TC01AU91.088 [[Page 861]] [GRAPHIC] [TIFF OMITTED] TR28DE98.000 [[Page 862]] [GRAPHIC] [TIFF OMITTED] TR11JN03.006 [GRAPHIC] [TIFF OMITTED] TR11JN03.007 [[Page 863]] [GRAPHIC] [TIFF OMITTED] TR27NO96.012 [[Page 864]] [GRAPHIC] [TIFF OMITTED] TR11JN03.008 [GRAPHIC] [TIFF OMITTED] TR11JN03.009 [[Page 865]] [GRAPHIC] [TIFF OMITTED] TR11JN03.010 [[Page 866]] [GRAPHIC] [TIFF OMITTED] TR12MY00.011 [[Page 867]] [GRAPHIC] [TIFF OMITTED] TR06JA03.001 [[Page 868]] [GRAPHIC] [TIFF OMITTED] TR20AU03.019 [GRAPHIC] [TIFF OMITTED] TR19NO03.000 Appendix A to Sec. 571.208--Selection of Child Restraint Systems This appendix A applies to vehicles manufactured before September 1, 2009 and to not more than 50 percent of a manufacturer's vehicles manufactured on or after September 1, 2009 and before September 1, 2010, as specified in S14.8 of this standard. This appendix does not apply to vehicles manufactured on or after September 1, 2010. A. The following car bed, manufactured on or after December 1, 1999, may be used by the National Highway Traffic Safety Administration to test the suppression system of a vehicle that has been certified as being in compliance with 49 CFR 571.208 S19: [[Page 869]] Subpart A--Car Bed Child Restraints of Appendix A ------------------------------------------------------------------------ ------------------------------------------------------------------------- Cosco Dream Ride 02-719. ------------------------------------------------------------------------ B. Any of the following rear-facing child restraint systems specified in the table below, manufactured on or after December 1, 1999, may be used by the National Highway Traffic Safety Administration to test the suppression or low risk deployment (LRD) system of a vehicle that has been certified as being in compliance with 49 CFR 571.208 S19. When the restraint system comes equipped with a removable base, the test may be run either with the base attached or without the base. Subpart B--Rear-Facing Child Restraints of Appendix A ------------------------------------------------------------------------ ------------------------------------------------------------------------- Britax Handle with Care 191. Century Assura 4553. Century Smart Fit 4543. Cosco Arriva 02727. Evenflo Discovery Adjust Right 212. Evenflo First Choice 204. Graco Infant 8457. ------------------------------------------------------------------------ C. Any of the following forward-facing child restraint systems, and forward-facing child restraint systems that also convert to rear-facing, manufactured on or after December 1, 1999, may be used by the National Highway Traffic Safety Administration to test the suppression or LRD system of a vehicle that has been certified as being in compliance with 49 CFR 571.208 S19, or S21. (Note: Any child restraint listed in this subpart that does not have manufacturer instructions for using it in a rear-facing position is excluded from use in testing in a belted rear- facing configuration under S20.2.1.1(a) and S20.4.2): Subpart C--Forward-Facing and Convertible Child Restraints of Appendix A ------------------------------------------------------------------------ ------------------------------------------------------------------------- Century Encore 4612. Cosco Olympian 02803. Britax Roundabout 161. Century STE 1000 4416. Cosco Touriva 02519. Evenflo Horizon V 425. Evenflo Medallion 254. Safety 1st Comfort Ride 22-400. ------------------------------------------------------------------------ D. Any of the following forward-facing child restraint systems and belt-positioning seats, manufactured on or after December 1, 1999, may be used by the National Highway Traffic Safety Administration as test devices to test the suppression system of a vehicle that has been certified as being in compliance with 49 CFR 571.208 S21 or S23: Subpart D--Forward-Facing Child Restraints and Belt Positioning Seats of Appendix A ------------------------------------------------------------------------ ------------------------------------------------------------------------- Britax Roadster 9004. Century Next Step 4920. Cosco High Back Booster 02-442. Evenflo Right Fit 245. ------------------------------------------------------------------------ Appendix A-1 to Sec. 571.208--Selection of Child Restraint Systems This Appendix A-1 applies to not less than 50 percent of a manufacturer's vehicles manufactured on or after September 1, 2009 and before September 1, 2010, as specified in S14.8 of this standard. This appendix applies to all vehicles manufactured on or after September 1, 2010. A. The following car bed, manufactured on or after the date listed, may be used by the National Highway Traffic Safety Administration to test the suppression system of a vehicle that has been certified as being in compliance with 49 CFR 571.208 S19: Subpart A--Car Bed Child Restraints of Appendix A-1 ------------------------------------------------------------------------ Manufactured on or after ------------------------------------------------------------------------ Angel Guard Angel Ride XX2403XXX.......... September 25, 2007. ------------------------------------------------------------------------ B. Any of the following rear-facing child restraint systems specified in the table below, manufactured on or after the date listed, may be used by the National Highway Traffic Safety Administration to test the suppression or low risk deployment (LRD) system of a vehicle that has been certified as being in compliance with 49 CFR 571.208 S19. When the restraint system comes equipped with a removable base, the test may be run either with the base attached or without the base. Subpart B--Rear-Facing Child Restraints of Appendix A-1 ------------------------------------------------------------------------ Manufactured on or after ------------------------------------------------------------------------ Century Smart Fit 4543.................... December 1, 1999. Cosco Arriva 22-013 PAW and base 22-999 September 25, 2007. WHO. Evenflo Discovery Adjust Right 212........ December 1, 1999. Graco Infant 8457......................... December 1, 1999. Graco Snugride............................ September 25, 2007. Peg Perego Primo Viaggio SIP IMUN00US..... September 25, 2007. ------------------------------------------------------------------------ C. Any of the following forward-facing child restraint systems, and forward-facing child restraint systems that also convert to [[Page 870]] rear-facing, manufactured on or after the date listed, may be used by the National Highway Traffic Safety Administration to test the suppression or LRD system of a vehicle that has been certified as being in compliance with 49 CFR 571.208 S19, or S21. (Note: Any child restraint listed in this subpart that does not have manufacturer instructions for using it in a rear-facing position is excluded from use in testing in a belted rear-facing configuration under S20.2.1.1(a) and S20.4.2): Subpart C--Forward-Facing and Convertible Child Restraints of Appendix A- 1 ------------------------------------------------------------------------ Manufactured on or after ------------------------------------------------------------------------ Britax Roundabout E9L02xx................. September 25, 2007. Graco ComfortSport........................ September 25, 2007. Cosco Touriva 02519....................... December 1, 1999. Evenflo Tribute V 379xxxx or Evenflo September 25, 2007. Tribute 381xxxx. Evenflo Medallion 254..................... December 1, 1999. Cosco Summit Deluxe High Back Booster 22- September 25, 2007. 262. Evenflo Generations 352xxxx............... September 25, 2007. Graco Toddler SafeSeat Step 2............. September 25, 2007. Graco Platinum Cargo...................... September 25, 2007. Cosco High Back Booster 22-209............ September 25, 2007. ------------------------------------------------------------------------ D. Any of the following forward-facing child restraint systems and belt positioning seats, manufactured on or after the date listed, may be used by the National Highway Traffic Safety Administration as test devices to test the suppression system of a vehicle that has been certified as being in compliance with 49 CFR 571.208 S21 or S23: Subpart D--Forward-Facing Child Restraints and Belt Positioning Seats of Appendix A-1 ------------------------------------------------------------------------ Manufactured on or after ------------------------------------------------------------------------ Britax Roadster 9004...................... December 1, 1999. Graco Platinum Cargo...................... September 25, 2007. Cosco High Back Booster 22-209............ September 25, 2007. Evenflo Right Fit 245..................... December 1, 1999. Evenflo Generations 352xxxx............... September 25, 2007. Cosco Summit Deluxe High Back Booster 22- September 25, 2007. 262. ------------------------------------------------------------------------ [GRAPHIC] [TIFF OMITTED] TR12NO08.009 [[Page 871]] [GRAPHIC] [TIFF OMITTED] TR12NO08.010 [36 FR 22902, Dec. 2, 1971] Editorial Note: For Federal Register citations affecting Sec. 571.208, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.209 Standard No. 209; Seat belt assemblies. S1. Purpose and scope. This standard specifies requirements for seat belt assemblies. S2. Application. This standard applies to seat belt assemblies for use in passenger cars, multipurpose passenger vehicles, trucks, and buses. S3. Definitions. Adjustment hardware means any or all hardware designed for adjusting the size of a seat belt assembly to fit the user, including such hardware that may be integral with a buckle, attachment hardware, or retractor. Attachment hardware means any or all hardware designed for securing the webbing of a seat belt assembly to a motor vehicle. Automatic-locking retractor means a retractor incorporating adjustment hardware by means of a positive self-locking mechanism which is capable when locked of withstanding restraint forces. Buckle means a quick release connector which fastens a person in a seat belt assembly. Emergency-locking retractor means a retractor incorporating adjustment hardware by means of a locking mechanism that is activated by vehicle acceleration, webbing movement relative to the vehicle, or other automatic action during an emergency and is capable when locked of withstanding restraint forces. Hardware means any metal or rigid plastic part of a seat belt assembly. Load-limiter means a seat belt assembly component or feature that controls tension on the seat belt to modulate the forces that are imparted to occupants restrained by the belt assembly during a crash. Nonlocking retractor means a retractor from which the webbing is extended to essentially its full length by a small external force, which provides no adjustment for assembly length, and which may or may not be capable of [[Page 872]] sustaining restraint forces at maximum webbing extension. Pelvic restraint means a seat belt assembly or portion thereof intended to restrain movement of the pelvis. Retractor means a device for storing part or all of the webbing in a seat belt assembly. Seat back retainer means the portion of some seat belt assemblies designed to restrict forward movement of a seat back. Seat belt assembly means any strap, webbing, or similar device designed to secure a person in a motor vehicle in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt assembly in a motor vehicle. Strap means a narrow nonwoven material used in a seat belt assembly in place of webbing. Type 1 seat belt assembly is a lap belt for pelvic restraint. Type 2 seat belt assembly is a combination of pelvic and upper torso restraints. Type 2a shoulder belt is an upper torso restraint for use only in conjunction with a lap belt as a Type 2 seat belt assembly. Upper torso restraint means a portion of a seat belt assembly intended to restrain movement of the chest and shoulder regions. Webbing means a narrow fabric woven with continuous filling yarns and finished selvages. S4. Requirements. S4.1(a) [Reserved] (b) Single occupancy. A seat belt assembly shall be designed for use by one, and only one, person at any one time. (c) Upper torso restraint. A Type 2 seat belt assembly shall provide upper torso restraint without shifting the pelvic restraint into the abdominal region. An upper torso restraint shall be designed to minimize vertical forces on the shoulders and spine. Hardware for upper torso restraint shall be so designed and located in the seat belt assembly that the possibility of injury to the occupant is minimized. A Type 2a shoulder belt shall comply with applicable requirements for a Type 2 seat belt assembly in S4.1 to S4.4, inclusive. (d) Hardware. All hardware parts which contact under normal usage a person, clothing, or webbing shall be free from burrs and sharp edges. (e) Release. A Type 1 or Type 2 seat belt assembly shall be provided with a buckle or buckles readily accessible to the occupant to permit his easy and rapid removal from the assembly. Buckle release mechanism shall be designed to minimize the possibility of accidental release. A buckle with release mechanism in the latched position shall have only one opening in which the tongue can be inserted on the end of the buckle designed to receive and latch the tongue. (f) Attachment hardware. A seat belt assembly shall include all hardware necessary for installation in a motor vehicle in accordance with SAE Recommended Practice J800c (1973) (incorporated by reference, see Sec. 571.5). However, seat belt assemblies designed for installation in motor vehicles equipped with seat belt assembly anchorages that do not require anchorage nuts, plates, or washers, need not have such hardware, but shall have 7/16-20 UNF-2A or 1/2-13 UNC-2A attachment bolts or equivalent metric hardware. The hardware shall be designed to prevent attachment bolts and other parts from becoming disengaged from the vehicle while in service. Reinforcing plates or washers furnished for universal floor, installations shall be of steel, free from burrs and sharp edges on the peripheral edges adjacent to the vehicle, at least 1.5 mm in thickness and at least 2580 mm\2\ in projected area. The distance between any edge of the plate and the edge of the bolt hole shall be at least 15 mm. Any corner shall be rounded to a radius of not less than 6 mm or cut so that no corner angle is less than 135[deg] and no side is less than 6 mm in length. (g) Adjustment. (1) A Type 1 or Type 2 seat belt assembly shall be capable of adjustment to fit occupants whose dimensions and weight range from those of a 5th-percentile adult female to those of a 95th- percentile adult male. The seat belt assembly shall have either an automatic-locking retractor, an emergency-locking retractor, or an [[Page 873]] adjusting device that is within the reach of the occupant. (2) A Type 1 or Type 2 seat belt assembly for use in a vehicle having seats that are adjustable shall conform to the requirements of S4.1(g)(1) regardless of seat position. However, if a seat has a back that is separately adjustable, the requirements of S4.1(g)(1) need be met only with the seat back in the manufacturer's nominal design riding position. (3) The adult occupants referred to in S4.1(g)(1) shall have the following measurements: ------------------------------------------------------------------------ 5th percen- tile 95th percentile adult female adult male ------------------------------------------------------------------------ Weight.......................... 46.3 kg............. 97.5 kg. Erect sitting height............ 785 mm.............. 965 mm. Hip breadth (sitting)........... 325 mm.............. 419 mm. Hip circumference (sitting)..... 925 mm.............. 1199 mm. Waist circumference (sitting)... 599 mm.............. 1080 mm. Chest depth..................... 190 mm.............. 267 mm. Chest circumference: Nipple........................ 775 mm.............. 1130 mm. Upper......................... 757 mm.............. 1130 mm. Lower......................... 676 mm.............. 1130 mm. ------------------------------------------------------------------------ (h) Webbing. The ends of webbing in a seat belt assembly shall be protected or treated to prevent raveling. The end of webbing in a seat belt assembly having a metal-to-metal buckle that is used by the occupant to adjust the size of the assembly shall not pull out of the adjustment hardware at maximum size adjustment. Provision shall be made for essentially unimpeded movement of webbing routed between a seat back and seat cushion and attached to a retractor located behind the seat. (i) Strap. A strap used in a seat belt assembly to sustain restraint forces shall comply with the requirements for webbing in S4.2, and if the strap is made from a rigid material, it shall comply with applicable requirements in S4.2, S4.3, and S4.4. (j) Marking. Each seat belt assembly shall be permanently and legibly marked or labeled with year of manufacture, model, and name or trademark of manufacturer or distributor, or of importer if manufactured outside the United States. A model shall consist of a single combination of webbing having a specific type of fiber weave and construction, and hardware having a specific design. Webbings of various colors may be included under the same model, but webbing of each color shall comply with the requirements for webbing in S4.2. (k) Installation instructions. A seat belt assembly, other than a seat belt assembly installed in a motor vehicle by an automobile manufacturer, shall be accompanied by an instruction sheet providing sufficient information for installing the assembly in a motor vehicle. The installation instructions shall state whether the assembly is for universal installation or for installation only in specifically stated motor vehicles, and shall include at least those items specified in SAE Recommended Practice J800c (1973) (incorporated by reference, see Sec. 571.5). If the assembly is for use only in specifically stated motor vehicles, the assembly shall either be permanently and legibly marked or labeled with the following statement, or the instruction sheet shall include the following statement: This seat belt assembly is for use only in [insert specific seating position(s), e.g., ``front right''] in [insert specific vehicle make(s) and model(s)]. (l) Usage and maintenance instructions. A seat belt assembly or retractor shall be accompanied by written instructions for the proper use of the assembly, stressing particularly the importance of wearing the assembly snugly and properly located on the body, and on the maintenance f the assembly and periodic inspection of all components. The instructions shall show the proper manner of threading webbing in the hardware of seat belt assemblies in which the webbing is not permanently fastened. Instructions for a nonlocking retractor shall include a caution that the webbing must be fully extended from the retractor during use of the seat belt assembly unless the retractor is attached to the free end of webbing which is not subjected to any tension during restraint of an occupant by the assembly. Instructions for Type 2a shoulder belt shall include a warning that the shoulder belt is not to be used without a lap belt. (m) Workmanship. Seat belt assemblies shall have good workmanship in accordance with good commercial practice. S4.2 Requirements for webbing. [[Page 874]] (a) Width. The width of the webbing in a seat belt assembly shall be not less than 46 mm, except for portions that do not touch a 95th percentile adult male with the seat in any adjustment position and the seat back in the manufacturer's nominal design riding position when measured under the conditions prescribed in S5.1(a). (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. (c) Elongation. Except as provided in S4.5, the webbing in a seat belt assembly shall not extend to more than the following elongation when subjected to the specified forces in accordance with the procedure specified in S5.1(c): Type 1 seat belt assembly--20 percent at 11,120 N; Type 2 seat belt assembly 30 percent at 11,120 N for webbing in pelvic restraint and 40 percent at 11,120 N for webbing in upper torso restraint. (d) Resistance to abrasion. The webbing of a seat belt assembly, after being subjected to abrasion as specified in S5.1(d) or S5.3(c), shall have a breaking strength of not less than 75 percent of the breaking strength listed in S4.2(b) for that type of belt assembly. (e) Resistance to light. The webbing in a seat belt assembly after exposure to the light of a carbon arc and tested by the procedure specified in S5.1(e) shall have a breaking strength not less than 60 percent of the strength before exposure to the carbon arc and shall have a color retention not less than No. 2 on the AATCC Gray Scale for Evaluating Change in Color (incorporated by reference, see Sec. 571.5). (f) Resistance to micro-organisms. The webbing in a seat belt assembly after being subjected to micro-organisms and tested by the procedures specified in S5.1(f) shall have a breaking strength not less than 85 percent of the strength before subjection to micro-organisms. S4.3 Requirements for hardware. (a) Corrosion resistance. (1) Attachment hardware of a seat belt assembly after being subjected to the conditions specified in S5.2(a) shall be free of ferrous corrosion on significant surfaces except for permissible ferrous corrosion at peripheral edges or edges of holes on underfloor reinforcing plates and washers. Alternatively, such hardware at or near the floor shall be protected against corrosion by at least an electrodeposited coating of nickel, or copper and nickel with at least a service condition number of SC2, and other attachment hardware shall be protected by an electrodeposited coating of nickel, or copper and nickel with a service condition number of SC1, in accordance with ASTM B456-79 (incorporated by reference, see Sec. 571.5), but such hardware shall not be racked for electroplating in locations subjected to maximum stress. (2) Surfaces of buckles, retractors and metallic parts, other than attachment hardware, of a seat belt assembly after subjection to the conditions specified in S5.2(a) shall be free of ferrous or nonferrous corrosion which may be transferred, either directly or by means of the webbing, to the occupant or his clothing when the assembly is worn. After test, buckles shall conform to applicable requirements in paragraphs (d) to (g) of this section. (b) Temperature resistance. Plastic or other nonmetallic hardware parts of a seat belt assembly when subjected to the conditions specified in S5.2(b) shall not warp or otherwise deteriorate to cause the assembly to operate improperly or fail to comply with applicable requirements in this section and S4.4. (c) Attachment hardware. (1) Eye bolts, shoulder bolts, or other bolt used to secure the pelvic restraint of seat belt assembly to a motor vehicle shall withstand a force of 40,034 N when tested by the procedure specified in S5.2(c)(1), except that attachment bolts of a seat belt assembly designed for installation in specific models of motor vehicles in which the ends of two or more seat belt assemblies cannot be attached to the vehicle by a single bolt shall have breaking strength of not less than 22,241 N. (2) Other attachment hardware designed to receive the ends of two seat belt assemblies shall withstand a tensile force of at least 26,689 N without [[Page 875]] fracture of a section when tested by the procedure specified in S5.2(c)(2). (3) A seat belt assembly having single attachment hooks of the quick-disconnect type for connecting webbing to an eye bolt shall be provided with a retaining latch or keeper which shall not move more than 2 mm in either the vertical or horizontal direction when tested by the procedure specified in S5.2(c)(3). (d) Buckle release. (1) The buckle of a Type 1 or Type 2 seat belt assembly shall release when a force of not more than 133 N is applied. (2) A buckle designed for pushbutton application of buckle release force shall have a minimum area of 452 mm\2\ with a minimum linear dimension of 10 mm for applying the release force, or a buckle designed for lever application of buckle release force shall permit the insertion of a cylinder 10 mm in diameter and 38 mm in length to at least the midpoint of the cylinder along the cylinder's entire length in the actuation portion of the buckle release. A buckle having other design for release shall have adequate access for two or more fingers to actuate release. (3) The buckle of a Type 1 or Type 2 seat belt assembly shall not release under a compressive force of 1779 N applied as prescribed in paragraph S5.2(d)(3). The buckle shall be operable and shall meet the applicable requirement of paragraph S4.4 after the compressive force has been removed. (e) Adjustment force. The force required to decrease the size of a seat belt assembly shall not exceed 49 N when measured by the procedure specified in S5.2(e). (f) Tilt-lock adjustment. The buckle of a seat belt assembly having tilt-lock adjustment shall lock the webbing when tested by the procedure specified in S5.2(f) at an angle of not less than 30 degrees between the base of the buckle and the anchor webbing. (g) Buckle latch. The buckle latch of a seat belt assembly when tested by the procedure specified in S5.2(g) shall not fail, nor gall or wear to an extent that normal latching and unlatching is impaired, and a metal-to-metal buckle shall separate when in any position of partial engagement by a force of not more than 22 N. (h) Nonlocking retractor. The webbing of a seat belt assembly shall extend from a nonlocking retractor within 6 mm of maximum length when a tension is applied as prescribed in S5.2(h). A nonlocking retractor on upper torso restraint shall be attached to the nonadjustable end of the assembly, the reel of the retractor shall be easily visible to an occupant while wearing the assembly, and the maximum retraction force shall not exceed 5 N in any strap or webbing that contacts the shoulder when measured by the procedure specified in S5.2(h), unless the retractor is attached to the free end of webbing which is not subjected to any tension during restraint of an occupant by the assembly. (i) Automatic-locking retractor. The webbing of a seat belt assembly equipped with an automatic locking retractor, when tested by the procedure specified in S5.2(i), shall not move more than 25 mm between locking positions of the retractor, and shall be retracted with a force under zero acceleration of not less than 3 N when attached to pelvic restraint, and not less that 2 N nor more than 5 N in any strap or webbing that contacts the shoulders of an occupant when the retractor is attached to upper torso restraint. An automatic locking retractor attached to upper torso restraint shall not increase the restraint on the occupant of the seat belt assembly during use in a vehicle traveling over rough roads as prescribed in S5.2(i). (j) Emergency-locking retractor. (1) For seat belt assemblies manufactured before February 22, 2007. Except for manufacturers that, at the manufacturer's option, voluntarily choose to comply with S4.3(j)(2) during this period (with said option irrevocably selected prior to, or at the time of, certification of the seat belt assembly), an emergency-locking retractor of a Type 1 or Type 2 seat belt assembly, when tested in accordance with the procedures specified in paragraph S5.2(j)(1)-- (i) Shall lock before the webbing extends 25 mm when the retractor is subjected to an acceleration of 7 m/s\2\ (0.7 g); (ii) Shall not lock, if the retractor is sensitive to webbing withdrawal, before the webbing extends 51 mm when the [[Page 876]] retractor is subjected to an acceleration of 3 m/s\2\ (0.3 g) or less; (iii) Shall not lock, if the retractor is sensitive to vehicle acceleration, when the retractor is rotated in any direction to any angle of 15[deg] or less from its orientation in the vehicle; (iv) Shall exert a retractive force of at least 3 N under zero acceleration when attached only to the pelvic restraint; (v) Shall exert a retractive force of not less than 1 N and not more than 5 N under zero acceleration when attached only to an upper torso restraint; (vi) Shall exert a retractive force not less than 1 N and not more than 7 N under zero acceleration when attached to a strap or webbing that restrains both the upper torso and the pelvis. (2) For seat belt assemblies manufactured on or after February 22, 2007 and for manufacturers opting for early compliance. An emergency- locking retractor of a Type 1 or Type 2 seat belt assembly, when tested in accordance with the procedures specified in paragraph S5.2(j)(2)-- (i) Shall under zero acceleration loading-- (A) Exert a retractive force of not less than 1 N and not more than 7 N when attached to a strap or webbing that restrains both the upper torso and the pelvis; (B) Exert a retractive force not less than 3 N when attached only to the pelvic restraint; and (C) Exert a retractive force of not less than 1 N and not more than 5 N when attached only to an upper torso restraint. (D) For a retractor sensitive to vehicle acceleration, lock when tilted at any angle greater than 45 degrees from the angle at which it is installed in the vehicle or meet the requirements of S4.3(j)(2)(ii). (E) For a retractor sensitive to vehicle acceleration, not lock when the retractor is rotated in any direction to any angle of 15 degrees or less from its orientation in the vehicle. (ii) Shall lock before the webbing payout exceeds the maximum limit of 25 mm when the retractor is subjected to an acceleration of 0.7 g under the applicable test conditions of S5.2(j)(2)(iii)(A) or (B). The retractor is determined to be locked when the webbing belt load tension is at least 35 N. (iii) For a retractor sensitive to webbing withdrawal, shall not lock before the webbing payout extends to the minimum limit of 51 mm when the retractor is subjected to an acceleration no greater than 0.3 g under the test condition of S5.2(j)(2)(iii)(C). (k) Performance of retractor. A retractor used on a seat belt assembly after subjection to the tests specified in S5.2(k) shall comply with applicable requirements in paragraphs (h) to (j) of this section and S4.4, except that the retraction force shall be not less than 50 percent of its original retraction force. S4.4 Requirements for assembly performance. (a) Type I seat belt assembly. Except as provided in S4.5, the complete seat belt assembly including webbing, straps, buckles, adjustment and attachment hardware, and retractors shall comply with the following requirements when tested by the procedures specified in S5.3(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. (2) The assembly loop shall extend not more than 7 inches or 178 mm when subjected to a force of 22,241 N; that is, the length of the assembly between anchorages shall not increase more than 356 mm. (3) Any webbing cut by the hardware during test shall have a breaking strength at the cut of not less than 18,683 N. (4) Complete fracture through any solid section of metal attachment hardware shall not occur during test. (b) Type 2 seat belt assembly. Except as provided in S4.5, the components of a Type 2 seat belt assembly including webbing, straps, buckles, adjustment and attachment hardware, and retractors shall comply with the following requirements when tested by the procedure specified in S5.3(b): (1) The structural components in the pelvic restraint shall withstand a force of not less than 11,120 N. [[Page 877]] (2) The structural components in the upper torso restraint shall withstand a force of not less than 6,672 N. (3) The structural components in the assembly that are common to pelvic and upper torso restraints shall withstand a force of not less than 13,345 N. (4) The length of the pelvic restraint between anchorages shall not increase more than 508 mm when subjected to a force of 11,120 N. (5) The length of the upper torso restraint between anchorages shall not increase more than 508 mm when subjected to a force of 6,672 N. (6) Any webbing cut by the hardware during test shall have a breaking strength of not less than 15,569 N at a cut in webbing of the pelvic restraint, or not less than 12,455 N at a cut in webbing of the upper torso restraint. (7) Complete fracture through any solid section of metal attachment hardware shall not occur during test. S4.5 Load-limiter. (a) A Type 1 or Type 2 seat belt assembly that includes a load-limiter is not required to comply with the elongation requirements of S4.2(c), S4.4(a)(2), S4.4(b)(4) or S4.4(b)(5). (b) A seat belt assembly that includes a load limiter and that does not comply with the elongation requirements of this standard may be installed in motor vehicles at any designated seating position that is subject to the requirements of S5.1 of Standard No. 208 (Sec. 571.208). S4.6 Manual belts subject to crash protection requirements of Standard No. 208. (a)(1) A manual seat belt assembly, which is subject to the requirements of S5.1 of Standard No. 208 (49 CFR 571.208) by virtue of any provision of Standard No. 208 other than S4.1.2.1(c)(2) of that standard, does not have to meet the requirements of S4.2(a)-(f) and S4.4 of this standard. (2) A manual seat belt assembly subject to the requirements of S5.1 of Standard No. 208 (49 CFR 571.208) by virtue of S4.1.2.1(c)(2) of Standard No. 208 does not have to meet the elongation requirements of S4.2(c), S4.4(a)(2), S4.4(b)(4), and S4.4(b)(5) of this standard. S5. Demonstration procedures. S5.1 Webbing--(a) Width. The width of webbing from three seat belt assemblies shall be measured after conditioning for at least 24 hours in an atmosphere having relative humidity between 48 and 67 percent and a temperature of 23[deg] 2 [deg]C. The tension during measurement of width shall be not more than 22 N on webbing from a Type 1 seat belt assembly, and 9786 N 450 N on webbing from a Type 2 seat belt assembly. The width of webbing from a Type 2 seat belt assembly may be measured during the breaking strength test described in paragraph (b) of this section. (b) Breaking strength. Webbing from three seat belt assemblies shall be conditioned in accordance with paragraph (a) of this section and tested for breaking strength in a testing machine of capacity verified to have an error of not more than one percent in the range of the breaking strength of the webbing in accordance with ASTM E4-79 (incorporated by reference, see Sec. 571.5). The machine shall be equipped with split drum grips illustrated in Figure 1, having a diameter between 51 and 102 mm. The rate of grip separation shall be between 51 and 102 mm per minute. The distance between the centers of the grips at the start of the test shall be between 102 and 254 mm. After placing the specimen in the grips, the webbing shall be stretched continuously at a uniform rate to failure. Each value shall be not less than the applicable breaking strength requirement in S4.2(b), but the median value shall be used for determining the retention of breaking strength in paragraphs (d), (e) and (f) of this section. (c) Elongation. Elongation shall be measured during the breaking strength test described in paragraph (b) of this section by the following procedure: A preload between 196 N and 245 N shall be placed on the webbing mounted in the grips of the testing machine and the needle points of an extensometer, in which the points remain parallel during test, are inserted in the center of the specimen. Initially the points shall be set at a known distance apart between 102 and 203 mm. When the force on the webbing reaches the value specified in S4.2(c), the increase in separation of the points of the extensometer shall be measured and the percent elongation shall be calculated to [[Page 878]] the nearest 0.5 percent. Each value shall be not more than the appropriate elongation requirement in S4.2(c). (d) Resistance to abrasion. The webbing from three seat belt assemblies shall be tested for resistance to abrasion by rubbing over the hexagon bar prescribed in Figure 2 in the following manner: The webbing shall be mounted in the apparatus shown schematically in Figure 2. One end of the webbing (A) shall be attached to a mass (B) of 2.35 kg .05 kg, except that a mass of 1.5 kg .05 kg shall be used for webbing in pelvic and upper torso restraints of a belt assembly used in a child restraint system. The webbing shall be passed over the two new abrading edges of the hexagon bar (C) and the other end attached to an oscillating drum (D) which has a stroke of 330 mm. Suitable guides shall be used to prevent movement of the webbing along the axis of hexagonal bar C. Drum D shall be oscillated for 5,000 strokes or 2,500 cycles at a rate of 60 2 strokes per minute or 30 1 cycles per minute. The abraded webbing shall be conditioned as prescribed in paragraph (a) of this section and tested for breaking strength by the procedure described in paragraph (b) of this section. The median values for the breaking strengths determined on abraded and unabraded specimens shall be used to calculate the percentage of breaking strength retained. (e) Resistance to light. Webbing at least 508 mm in length from three seat belt assemblies shall be suspended vertically on the inside of the specimen track in a Type E carbon-arc light exposure apparatus described in ASTM G23-81 (incorporated by reference, see Sec. 571.5), except that the filter used for 100 percent polyester yarns shall be chemically strengthened soda-lime glass with a transmittance of less than 5 percent for wave lengths equal to or less than 305 nanometers and 90 percent or greater transmittance for wave lengths of 375 to 800 nanometers. The apparatus shall be operated without water spray at an air temperature of 60[deg] 2 [deg]Celsius ([deg]C) measured at a point 25 5 mm outside the specimen rack and midway in height. The temperature sensing element shall be shielded from radiation. The specimens shall be exposed to light from the carbon-arc for 100 hours and then conditioned as prescribed in paragraph (a) of this section. The colorfastness of the exposed and conditioned specimens shall be determined on the AATCC Gray Scale for Evaluating Change in Color (incorporated by reference, see Sec. 571.5). The breaking strength of the specimens shall be determined by the procedure prescribed in paragraph (b) of this section. The median values for the breaking strengths determined on exposed and unexposed specimens shall be used to calculate the percentage of breaking strength retained. (f) Resistance to micro-organisms. Webbing at least 508 millimeters (mm) in length from three seat belt assemblies shall first be preconditioned in accordance with appendix A(1) and (2) of AATCC Test Method 30-1981 (incorporated by reference, see Sec. 571.5), and then subjected to Test I, ``Soil Burial Test'' of that test method. After soil-burial for a period of 2 weeks, the specimen shall be washed in water, dried and conditioned as prescribed in paragraph (a) of this section. The breaking strengths of the specimens shall be determined by the procedure prescribed in paragraph (b) of this section. The median values for the breaking strengths determined on exposed and unexposed specimens shall be used to calculate the percentage of breaking strength retained. Note: This test shall not be required on webbing made from material which is inherently resistant to micro-organisms. S5.2 Hardware. (a) Corrosion resistance. Three seat belt assemblies shall be tested in accordance with ASTM B117-73 (Reapproved 1979) (incorporated by reference, see Sec. 571.5). Any surface coating or material not intended for permanent retention on the metal parts during service life shall be removed prior to preparation of the test specimens for testing. The period of test shall be 50 hours for all attachment hardware at or near the floor, consisting of two periods of 24 hours exposure to salt spray followed by 1 hour drying and 25 hours for all other hardware, consisting of one period of 24 hours exposure to salt spray followed by 1 hour drying. In the salt spray test chamber, the parts from the three assemblies shall be oriented [[Page 879]] differently, selecting those orientations most likely to develop corrosion on the larger areas. At the end of test, the seat belt assembly shall be washed thoroughly with water to remove the salt. After drying for at least 24 hours under standard laboratory conditions specified in S5.1(a) attachment hardware shall be examined for ferrous corrosion on significant surfaces, that is, all surfaces that can be contacted by a sphere 19 mm in diameter, and other hardware shall be examined for ferrous and nonferrous corrosion which may be transferred, either directly or by means of the webbing, to a person or his clothing during use of a seat belt assembly incorporating the hardware. Note: When attachment and other hardware are permanently fastened, by sewing or other means, to the same piece of webbing, separate assemblies shall be used to test the two types of hardware. The test for corrosion resistance shall not be required for attachment hardware made from corrosion-resistant steel containing at least 11.5 percent chromium or for attachment hardware protected with an electrodeposited coating of nickel, or copper and nickel, as prescribed in S4.3(a). The assembly that has been used to test the corrosion resistance of the buckle shall be used to measure adjustment force, tilt-lock adjustment, and buckle latch in paragraphs (e), (f), and (g), respectively, of this section, assembly performance in S5.3 and buckle release force in paragraph (d) of this section. (b) Temperature resistance. Three seat belt assemblies having plastic or nonmetallic hardware or having retractors shall be subjected to the conditions prescribed in Procedure D of ASTM D756-78 (incorporated by reference, see Sec. 571.5). The dimension and weight measurement shall be omitted. Buckles shall be unlatched and retractors shall be fully retracted during conditioning. The hardware parts after conditioning shall be used for all applicable tests in S4.3 and S4.4. (c) Attachment hardware. (1) Attachment bolts used to secure the pelvic restraint of a seat belt assembly to a motor vehicle shall be tested in a manner similar to that shown in Figure 3. The load shall be applied at an angle of 45[deg] to the axis of the bolt through attachment hardware from the seat belt assembly, or through a special fixture which simulates the loading applied by the attachment hardware. The attachment hardware or simulated fixture shall be fastened by the bolt to the anchorage shown in Figure 3, which has a standard \7/16\- 20UNF-2B or \1/2\-UNF-2B or metric equivalent threaded hole in a hardened steel plate at least 10 mm in thickness. The bolt shall be installed with two full threads exposed from the fully seated position. The appropriate force required by S4.3(c) shall be applied. A bolt from each of three seat belt assemblies shall be tested. (2) Attachment hardware, other than bolts, designed to receive the ends of two seat belt assemblies shall be subjected to a tensile force of 26,689 N in a manner simulating use. The hardware shall be examined for fracture after the force is released. Attachment hardware from three seat belt assemblies shall be tested. (3) Single attachment hook for connecting webbing to any eye bolt shall be tested in the following manner: The hook shall be held rigidly so that the retainer latch or keeper, with cotter pin or other locking device in place, is in a horizontal position as shown in Figure 4. A force of 667 N 9 N shall be applied vertically as near as possible to the free end of the retainer latch, and the movement of the latch by this force at the point of application shall be measured. The vertical force shall be released, and a force of 667 N 9 N shall be applied horizontally as near as possible to the free end of the retainer latch. The movement of the latch by this force at the point of load application shall be measured. Alternatively, the hook may be held in other positions, provided the forces are applied and the movements of the latch are measured at the points indicated in Figure 4. A single attachment hook from each of three seat belt assemblies shall be tested. (d) Buckle release. (1) Three seat belt assemblies shall be tested to determine compliance with the maximum buckle release force requirements, following the assembly test in S5.3. 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. The buckle [[Page 880]] release force shall be measured by applying a force on the buckle in a manner and direction typical of those which would be employed by a seat belt occupant. For push button-release buckles, the force shall be applied at least 3 mm from the edge of the push button access opening of the buckle in a direction that produces maximum releasing effect. For lever-release buckles, the force shall be applied on the centerline of the buckle lever or finger tab in a direction that produces maximum releasing effect. (2) The area for application of release force on pushbutton actuated buckle shall be measured to the nearest 30 mm\2\. The cylinder specified in S4.3(d) shall be inserted in the actuation portion of a lever released buckle for determination of compliance with the requirement. A buckle with other release actuation shall be examined for access of release by fingers. (3) The buckle of a Type 1 or Type 2 seat belt assembly shall be subjected to a compressive force of 1779 N applied anywhere on a test line that is coincident with the center line of the belt extended through the buckle or on any line that extends over the center of the release mechanism and intersects the extended centerline of the belt at an angle of 60[deg]. The load shall be applied by using a curved cylindrical bar having a cross section diameter of 19 mm and a radius of curvature of 152 mm, placed with its longitudinal center line along the test line and its center directly above the point or the buckle to which the load will be applied. The buckle shall be latched, and a tensile force of 334 N shall be applied to the connected webbing during the application of the compressive force. Buckles from three seat belt assemblies shall be tested to determine compliance with paragraph S4.3(d)(3). (e) Adjustment Force. Three seat belt assemblies shall be tested for adjustment force on the webbing at the buckle, or other manual adjusting device normally used to adjust the size of the assembly. 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. The webbing shall be precycled 10 times prior to measurement. (f) Tilt-lock adjustment. This test shall be made on buckles or other manual adjusting devices having tilt-lock adjustment normally used to adjust the size of the assembly. Three buckles or devices shall be tested. The base of the adjustment mechanism and the anchor end of the webbing shall be oriented in planes normal to each other. The webbing shall be drawn through the adjustment mechanism in a direction to increase belt length at a rate of 508 mm 50 mm per minute while the plane of the base is slowly rotated in a direction to lock the webbing. Rotation shall be stopped when the webbing locks, but the pull on the webbing shall be continued until there is a resistance of at least 89 N. The locking angle between the anchor end of the webbing and the base of the adjustment mechanism shall be measured to the nearest degree. The webbing shall be precycled 10 times prior to measurement. (g) Buckle latch. The buckles from three seat belt assemblies shall be opened fully and closed at least 10 times. Then the buckles shall be clamped or firmly held against a flat surface so as to permit normal movement of buckle part, but with the metal mating plate (metal-to-metal buckles) or of webbing end (metal-to-webbing buckles) withdrawn from the buckle. The release mechanism shall be moved 200 times through the maximum possible travel against its stop with a force of 133 N 13 N at a rate not to exceed 30 cycles per minute. The buckle shall be examined to determine compliance with the performance requirements of S4.3(g). A metal-to-metal buckle shall be examined to determine whether partial engagement is possible by means of any technique representative of actual use. If partial engagement is possible, the maximum force of separation when in such partial engagement shall be determined. (h) Nonlocking retractor. After the retractor is cycled 10 times by full extension and retraction of the webbing, the retractor and webbing shall be suspended vertically and a force of 18 N shall be applied to extend the webbing from the retractor. The force shall be [[Page 881]] reduced to 13 N when attached to a pelvic restraint, or to 5 N per strap or webbing that contacts the shoulder of an occupant when retractor is attached to an upper torso restraint. The residual extension of the webbing shall be measured by manual rotation of the retractor drum or by disengaging the retraction mechanism. Measurements shall be made on three retractors. The location of the retractor attached to upper torso restraint shall be examined for visibility of reel during use of seat belt assembly in a vehicle. Note: This test shall not be required on a nonlocking retractor attached to the free end of webbing which is not subjected to any tension during restraint of an occupant by the assembly. (i) Automatic-locking retractor. Three retractors shall be tested in a manner to permit the retraction force to be determined exclusive of the gravitational forces on hardware or webbing being retracted. The webbing shall be fully extended from the retractor. While the webbing is being retracted, the average force or retraction within plus or minus 51 mm of 75 percent extension (25 percent retraction) shall be determined and the webbing movement between adjacent locking segments shall be measured in the same region of extension. A seat belt assembly with automatic locking retractor in upper torso restraint shall be tested in a vehicle in a manner prescribed by the installation and usage instructions. The retraction force on the occupant of the seat belt assembly shall be determined before and after traveling for 10 minutes at a speed of 24 kilometers per hour (km/h) or more over a rough road (e.g., Belgian block road) where the occupant is subjected to displacement with respect to the vehicle in both horizontal and vertical directions. Measurements shall be made with the vehicle stopped and the occupant in the normal seated position. (j) Emergency-locking retractor. (1) For seat belt assemblies manufactured before February 22, 2007. Except for manufacturers that elect to comply with S4.3(j)(2) and the corresponding test procedures of S5.2(j)(2), a retractor shall be tested in a manner that permits the retraction force to be determined exclusive of the gravitational forces on hardware or webbing being retracted. The webbing shall be fully extended from the retractor, passing over or through any hardware or other material specified in the installation instructions. While the webbing is being retracted, the lowest force of retraction within 51 mm of 75 percent extension shall be determined. A retractor that is sensitive to webbing withdrawal shall be subjected to an acceleration of 3 m/s\2\ (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)(1)(ii). The retractor shall be subjected to an acceleration of 7 m/s\2\ (0.7 g) within a period of 50 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. For a retractor sensitive to vehicle acceleration, the retractor shall be: (i) Accelerated in the horizontal plane in two directions normal to each other, while the retractor drum's central axis is oriented at the angle at which it is installed in the vehicle; and (ii) Accelerated in three directions normal to each other while the retractor drum's central axis is oriented at angles of 45[deg], 90[deg], 135[deg], and 180[deg] from the angle at which it is installed in the vehicle, unless the retractor locks by gravitational force when tilted in any direction to any angle greater than 45[deg] from the angle at which it is installed in the vehicle. (2) For seat belt assemblies manufactured on or after February 22, 2007 and for manufacturers opting for early compliance. A retractor shall be tested in a manner that permits the retraction force to be determined exclusive of the gravitational forces on the hardware or webbing being retracted. (i) Retraction force: The webbing shall be extended fully from the retractor, passing over and through any hardware or other material specified in the installation instructions. While the webbing is being retracted, measure [[Page 882]] the lowest force of retraction within 51 mm of 75 percent extension. (ii) Gravitational locking: For a retractor sensitive to vehicle acceleration, rotate the retractor in any direction to an angle greater than 45 degrees from the angle at which it is installed in the vehicle. Apply a force to the webbing greater than the minimum force measured in S5.2(j)(2)(i) to determine compliance with S4.3(j)(2)(i)(D). (iii) Dynamic tests: Each acceleration pulse shall be recorded using an accelerometer having a full scale range of 10 g and processed according to the practices set forth in SAE Recommended Practice J211-1 DEC2003 (incorporated by reference, see Sec. 571.5) Channel Frequency Class 60. The webbing shall be positioned at 75 percent extension, and the displacement shall be measured using a displacement transducer. For tests specified in S5.2(j)(2)(iii)(A) and (B), the 0.7 g acceleration pulse shall be within the acceleration-time corridor shown in Figure 8 of this standard. (A) For a retractor sensitive to vehicle acceleration-- (1) The retractor drum's central axis shall be oriented at the angle at which it is installed in the vehicle 0.5 degrees. Accelerate the retractor in the horizontal plane in two directions normal to each other and measure the webbing payout; and (2) If the retractor does not meet the 45-degree tilt-lock requirement of S4.3(j)(2)(i)(D), accelerate the retractor in three directions normal to each other while the retractor drum's central axis is oriented at angles of 45, 90, 135, and 180 degrees from the angle at which it is installed in the vehicle and measure webbing payout. (B) For a retractor sensitive to webbing withdrawal-- (1) The retractor drum's central axis shall be oriented horizontally 0.5 degrees. Accelerate the retractor in the direction of webbing retraction and measure webbing payout; and (2) The retractor drum's central axis is oriented at angles of 45, 90, 135, and 180 degrees to the horizontal plane. Accelerate the retractor in the direction of the webbing retraction and measure the webbing payout. (C) A retractor that is sensitive to webbing withdrawal shall be subjected to an acceleration no greater than 0.3 g occurring within a period of the first 50 ms and sustaining an acceleration no greater than 0.3 g throughout the test, while the webbing is at 75 percent extension. Measure the webbing payout. (k) Performance of retractor. After completion of the corrosion- resistance test described in paragraph (a) of this section, the webbing shall be fully extended and allowed to dry for at least 24 hours under standard laboratory conditions specified in S5.1(a). The retractor shall be examined for ferrous and nonferrous corrosion which may be transferred, either directly or by means of the webbing, to a person or his clothing during use of a seat belt assembly incorporating the retractor, and for ferrous corrosion on significant surfaces if the retractor is part of the attachment hardware. The webbing shall be withdrawn manually and allowed to retract for 25 cycles. The retractor shall be mounted in an apparatus capable of extending the webbing fully, applying a force of 89 N at full extension, and allowing the webbing to retract freely and completely. The webbing shall be withdrawn from the retractor and allowed to retract repeatedly in this apparatus until 2,500 cycles are completed. The retractor and webbing shall then be subjected to the temperature resistance test prescribed in paragraph (b) of this section. The retractor shall be subjected to 2,500 additional cycles of webbing withdrawal and retraction. Then, the retractor and webbing shall be subjected to dust in a chamber similar to one illustrated in Figure 8 containing about 0.9 kg of coarse grade dust conforming to the specification given in SAE Recommended Practice J726 SEP79 (incorporated by reference, see Sec. 571.5). The dust shall be agitated every 20 minutes for 5 seconds by compressed air, free of oil and moisture, at a gage pressure of 550 55 kPa entering through an orifice 1.5 0.1 mm in diameter. The webbing shall be extended to the top of the chamber and kept extended at all times except that the webbing shall be subjected to 10 cycles of complete retraction and extension within 1 to 2 minutes after each agitation of the dust. [[Page 883]] At the end of 5 hours, the assembly shall be removed from the chamber. The webbing shall be fully withdrawn from the retractor manually and allowed to retract completely for 25 cycles. An automatic-locking retractor or a nonlocking retractor attached to pelvic restraint shall be subjected to 5,000 additional cycles of webbing withdrawal and retraction. An emergency locking retractor or a nonlocking retractor attached to upper torso restraint shall be subjected to 45,000 additional cycles of webbing withdrawal and retraction between 50 and 100 percent extension. The locking mechanism of an emergency locking retractor shall be actuated at least 10,000 times within 50 to 100 percent extension of webbing during the 50,000 cycles. At the end of test, compliance of the retractors with applicable requirements in S4.3 (h), (i), and (j) shall be determined. Three retractors shall be tested for performance. S5.3 Assembly performance--(a) Type 1 seat belt assembly. Three complete seat belt assemblies, including webbing, straps, buckles, adjustment and attachment hardware, and retractors, arranged in the form of a loop as shown in Figure 5, shall be tested in the following manner: (1) The testing machine shall conform to the requirements specified in S5.1(b). A double-roller block shall be attached to one head of the testing machine. This block shall consist of two rollers 102 mm in diameter and sufficiently long so that no part of the seat belt assembly touches parts of the block other than the rollers during test. The rollers shall be mounted on antifriction bearings and spaced 305 mm between centers, and shall have sufficient capacity so that there is no brinelling, bending or other distortion of parts which may affect the results. An anchorage bar shall be fastened to the other head of the testing machine. (2) The attachment hardware furnished with the seat belt assembly shall be attached to the anchorage bar. The anchor points shall be spaced so that the webbing is parallel in the two sides of the loop. The attaching bolts shall be parallel to, or at an angle of 45[deg] or 90[deg] to the webbing, whichever results in an angle nearest to 90[deg] between webbing and attachment hardware except that eye bolts shall be vertical, and attaching bolts or nonthreaded anchorages of a seat belt assembly designed for use in specific models of motor vehicles shall be installed to produce the maximum angle in use indicated by the installation instructions, utilizing special fixtures if necessary to simulate installation in the motor vehicle. Rigid adapters between anchorage bar and attachment hardware shall be used if necessary to locate and orient the adjustment hardware. The adapters shall have a flat support face perpendicular to the threaded hole for the attaching bolt and adequate in area to provide full support for the base of the attachment hardware connected to the webbing. If necessary, a washer shall be used under a swivel plate or other attachment hardware to prevent the webbing from being damaged as the attaching bolt is tightened. (3) The length of the assembly loop from attaching bolt to attaching bolt shall be adjusted to about 1295 mm, or as near thereto as possible. A force of 245 N shall be applied to the loop to remove any slack in webbing at hardware. The force shall be removed and the heads of the testing machine shall be adjusted for an assembly loop between 1220 and 1270 mm in length. The length of the assembly loop shall then be adjusted by applying a force between 89 and 98 N to the free end of the webbing at the buckle, or by the retraction force of an automatic- locking or emergency-locking retractor. A seat belt assembly that cannot be adjusted to this length shall be adjusted as closely as possible. An automatic-locking or emergency locking retractor when included in a seat belt assembly shall be locked at the start of the test with a tension on the webbing slightly in excess of the retractive force in order to keep the retractor locked. The buckle shall be in a location so that it does not touch the rollers during test, but to facilitate making the buckle release test in S5.2(d) the buckle should be between the rollers or near a roller in one leg. (4) The heads of the testing machine shall be separated at a rate between 51 and 102 mm per minute until a force of [[Page 884]] 22,241 222 N is applied to the assembly loop. The extension of the loop shall be determined from measurements of head separation before and after the force is applied. The force shall be decreased to 667 45 N and the buckle release force measured as prescribed in S5.2(d). (5) After the buckle is released, the webbing shall be examined for cutting by the hardware. If the yarns are partially or completely severed in a line for a distance of 10 percent or more of the webbing width, the cut webbing shall be tested for breaking strength as specified in S5.1(b) locating the cut in the free length between grips. If there is insufficient webbing on either side of the cut to make such a test for breaking strength, another seat belt assembly shall be used with the webbing repositioned in the hardware. A tensile force of 11,120 111 N shall be applied to the components or a force of 22,241 222 N shall be applied to the assembly loop. After the force is removed, the breaking strength of the cut webbing shall be determined as prescribed above. (6) If a Type 1 seat belt assembly includes an automatic-locking retractor or an emergency-locking retractor, the webbing and retractor shall be subjected to a tensile force of 11,120 111 N with the webbing fully extended from the retractor. (7) If a seat belt assembly has a buckle in which the tongue is capable of inverted insertion, one of the three assemblies shall be tested with the tongue inverted. (b) Type 2 seat belt assembly. Components of three seat belt assemblies shall be tested in the following manner: (1) The pelvic restraint between anchorages shall be adjusted to a length between 1220 and 1270 mm, or as near this length as possible if the design of the pelvic restraint does not permit its adjustment to this length. An automatic-locking or emergency-locking retractor when included in a seat belt assembly shall be locked at the start of the test with a tension on the webbing slightly in excess of the retractive force in order to keep the retractor locked. The attachment hardware shall be oriented to the webbing as specified in paragraph (a)(2) of this section and illustrated in Figure 5. A tensile force 11,120 111 N shall be applied on the components in any convenient manner and the extension between anchorages under this force shall be measured. The force shall be reduced to 334 22 N and the buckle release force measured as prescribed in S5.2(d). (2) The components of the upper torso restraint shall be subjected to a tensile force of 6,672 67 N following the procedure prescribed above for testing pelvic restraint and the extension between anchorages under this force shall be measured. If the testing apparatus permits, the pelvic and upper torso restraints may be tested simultaneously. The force shall be reduced to 334 22 N and the buckle release force measured as prescribed in S5.2(d). (3) Any component of the seat belt assembly common to both pelvic and upper torso restraint shall be subjected to a tensile force of 13,344 134 N. (4) After the buckle is released in tests of pelvic and upper torso restraints, the webbing shall be examined for cutting by the hardware. If the yarns are partially or completely severed in a line for a distance of 10 percent or more of the webbing width, the cut webbing shall be tested for breaking strength as specified in S5.1(b) locating the cut in the free length between grips. If there is insufficient webbing on either side of the cut to make such a test for breaking strength, another seat belt assembly shall be used with the webbing repositioned in the hardware. The force applied shall be 11,120 111 N for components of pelvic restraint, and 6,672 67 N for components of upper torso restraint. After the force is removed, the breaking strength of the cut webbing shall be determined as prescribed above. (5) If a Type 2 seat belt assembly includes an automatic-locking retractor or an emergency-locking retractor the webbing and retractor shall be subjected to a tensile force of 11,120 111 N with the webbing fully extended from the retractor, or to a tensile force of 6,672 67 N with the webbing fully extended from the retractor if the design of the assembly permits only upper torso restraint forces on the retractor. [[Page 885]] (6) If a seat belt assembly has a buckle in which the tongue is capable of inverted insertion, one of the three assemblies shall be tested with the tongue inverted. (c) Resistance to buckle abrasion. Seat belt assemblies shall be tested for resistance to abrasion by each buckle or manual adjusting device normally used to adjust the size of the assembly. The webbing of the assembly to be used in this test shall be exposed for 4 hours to an atmosphere having relative humidity of 65 per cent and temperature of 18 [deg]C. The webbing shall be pulled back and forth through the buckle or manual adjusting device as shown schematically in Figure 7. The anchor end of the webbing (A) shall be attached to a mass (B) of 1.4 kg. The webbing shall pass through the buckle (C), and the other end (D) shall be attached to a reciprocating device so that the webbing forms an angle of 8[deg] with the hinge stop (E). The reciprocating device shall be operated for 2,500 cycles at a rate of 18 cycles per minute with a stroke length of 203 mm. The abraded webbing shall be tested for breaking strength by the procedure described in paragraph S5.1(b). S5.4 Tolerances on angles. Unless a range of angles is specified or a tolerance is otherwise explicitly provided, all angles and orientations of seat belt assemblies and components specified in this standard shall have a tolerance of 3 degrees. [[Page 886]] [GRAPHIC] [TIFF OMITTED] TC01AU91.090 [[Page 887]] [GRAPHIC] [TIFF OMITTED] TC01AU91.091 [[Page 888]] [GRAPHIC] [TIFF OMITTED] TC01AU91.092 [GRAPHIC] [TIFF OMITTED] TC01AU91.093 [[Page 889]] [GRAPHIC] [TIFF OMITTED] TR22AU05.016 [44 FR 72139, Dec. 13, 1979] Editorial Note: For Federal Register citations affecting Sec. 571.209, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.210 Standard No. 210; Seat belt assembly anchorages. S1. Purpose and scope. This standard establishes requirements for seat belt assembly anchorages to insure their proper location for effective occupant restraint and to reduce the likelihood of their failure. S2. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, buses, and school buses. S3. Definitions. School bus torso belt adjusted height means the vertical height above the seating reference point (SgRP) of the horizontal plane containing a segment of the torso belt centerline located 25 mm to 75 mm forward of the torso belt height adjuster device, when the torso belt retractor is locked and the torso belt is pulled away from the seat back by applying a 20 N horizontal force in the forward direction through the webbing at a location 100 mm or more forward of the adjustment device as shown in Figure 5. School bus torso belt anchor point means the midpoint of the torso belt width where the torso belt first contacts the uppermost torso belt anchorage. Seat belt anchorage means any component, other than the webbing or straps, involved in transferring seat belt loads to the vehicle structure, including, but not limited to, the attachment hardware, seat frames, seat pedestals, the vehicle structure itself, and any part of the vehicle whose failure causes separation of the belt from the vehicle structure. [[Page 890]] Small occupant seating position is as defined in 49 CFR 571.222. S4. Requirements. S4.1 Type. S4.1.1 Seat belt anchorages for a Type 1 or a Type 2 seat belt assembly shall be installed for each designated seating position for which a Type 1 or a Type 2 seat belt assembly is required by Standard No. 208 (49 CFR 571.208). Seat belt anchorages for a Type 2 seat belt assembly shall be installed for each designated seating position for which a Type 2 seat belt assembly is required by Standard No. 208 (49 CFR 571.208). S4.1.2 (a) Notwithstanding the requirement of S4.1.1, each vehicle manufactured on or after September 1, 1987 that is equipped with an automatic restraint at the front right outboard designated seating position, which automatic restraint cannot be used for securing a child restraint system or cannot be adjusted by the vehicle owner to secure a child restraint system solely through the use of attachment hardware installed as an item of original equipment by the vehicle manufacturer, shall have, at the manufacturer's option, either anchorages for a Type 1 seat belt assembly installed at that position or a Type 1 or Type 2 seat belt assembly installed at that position. If a manufacturer elects to install anchorages for a Type 1 seat belt assembly to comply with this requirement, those anchorages shall consist of, at a minimum, holes threaded to accept bolts that comply with S4.1(f) of Standard No. 209 (49 CFR 571.209). (b) The requirement in S4.1.1 of this standard that seat belt anchorages for a Type 1 or a Type 2 seat belt assembly shall be installed for certain designated seating positions does not apply to any such seating positions that are equipped with a seat belt assembly that meets the frontal crash protection requirements of S5.1 of Standard No. 208 (49 CFR 571.208). S4.1.3 School bus passenger seats. S4.1.3.1 For school buses manufactured on or after October 21, 2011, seat belt anchorages for school bus passenger seats must be attached to the school bus seat structure, including seats with wheelchair positions or side emergency doors behind them. Seats with no other seats behind them, no wheelchair positions behind them and no side emergency door behind them are excluded from the requirement that the seat belt anchorages must be attached to the school bus seat structure. For school buses with a GVWR less than or equal to 4,536 kg (10,000 pounds), the seat belt shall be Type 2 as defined in S3. of FMVSS No. 209 (49 CFR 571.209). For school buses with a GVWR greater than 4,536 kg (10,000 pounds), the seat belt shall be Type 1 or Type 2 as defined in S3. of FMVSS No. 209 (49 CFR 571.209). S4.1.3.2 Type 2 seat belt anchorages on school buses manufactured on or after October 21, 2011 must meet the following location requirements. (a) For a small occupant seating position of a flexible occupancy seat, as defined in 49 CFR 571.222, the school bus torso belt anchor point must be 400 mm or more vertically above the seating reference point (SgRP) or adjustable to 400 mm or more vertically above the SgRP. For all other seating positions, the school bus torso belt anchor point must be 520 mm or more vertically above the SgRP or adjustable to 520 mm or more vertically above the SgRP. The school bus torso belt adjusted height at each seating position shall be adjustable to no more than 280 mm vertically above the SgRP in the lowest position and no less than the required vertical height of the school bus torso belt anchor point for that seating position in the highest position. (See Figure 4.) (b) The minimum lateral distance between the vertical centerline of the bolt holes or the centroid of any other means of attachment to the structure specified in 4.1.3.1, simultaneously achievable by all seating positions, must be: (i) 280 mm for seating positions in a flexible occupancy seat in a maximum occupancy configuration, as defined in 49 CFR 571.222; and (ii) 330 mm for all other seating positions. S4.1.3.3 School buses with a GVWR less than or equal to 4,536 kg (10,000 pounds) must meet the requirements of S4.2.2 of this standard. S4.1.3.4 School buses with a GVWR greater than 4,536 kg (10,000 pounds) [[Page 891]] manufactured on or after October 21, 2011, with Type 1 seat belt anchorages, must meet the strength requirements specified in S4.2.1 of this standard. S4.1.3.5 School buses with a GVWR greater than 4,536 kg (10,000 pounds) manufactured on or after October 21, 2011, with Type 2 seat belt anchorages, must meet the strength requirements specified in S4.2.2 of this standard. S4.2 Strength. S4.2.1 Except as provided in S4.2.5, the anchorages, attachment hardware, and attachment bolts for any of the following seat belt assemblies shall withstand a 5,000 pound force when tested in accordance with S5.1 of this standard: (a) Type 1 seat belt assembly; and (b) Lap belt portion of either a Type 2 or automatic seat belt assembly, if such seat belt assembly is equipped with a detachable upper torso belt. S4.2.2 Except as provided in S4.2.5, the anchorages, attachment hardware, and attachment bolts for any of the following seat belt assemblies shall withstand a 3,000 pound force applied to the lap belt portion of the seat belt assembly simultaneously with a 3,000 pound force applied to the shoulder belt portion of the seat belt assembly, when tested in accordance with S5.2 of this standard: (a) Type 2 and automatic seat belt assemblies that are installed to comply with Standard No. 208 (49 CFR 571.208); and (b) Type 2 and automatic seat belt assemblies that are installed at a seating position required to have a Type 1 or Type 2 seat belt assembly by Standard No. 208 (49 CFR 571.208). S4.2.3 Permanent deformation or rupture of a seat belt anchorage or its surrounding area is not considered to be a failure, if the required force is sustained for the specified time. S4.2.4 Anchorages, attachment hardware, and attachment bolts shall be tested by simultaneously loading them in accordance with the applicable procedures set forth in S5 of this standard if the anchorages are either: (a) For designated seating positions that are common to the same occupant seat and that face in the same direction, or (b) For laterally adjacent designated seating positions that are not common to the same occupant seat, but that face in the same direction, if the vertical centerline of the bolt hole for at least one of the anchorages for one of those designated seating positions is within 305 mm of the vertical center line of the bolt hole for an anchorage for one of the adjacent seating positions. S4.2.5 The attachment hardware of a seat belt assembly, which is subject to the requirements of S5.1 of Standard No. 208 (49 CFR 571.208) by virtue of any provision of Standard No. 208 other than S4.1.2.1(c)(2) of that standard, does not have to meet the requirements of S4.2.1 and S4.2.2 of this standard. S4.3 Location. As used in this section, ``forward'' means the direction in which the seat faces, and other directional references are to be interpreted accordingly. Anchorages for seat belt assemblies that meet the frontal crash protection requirements of S5.1 of Standard No. 208 (49 CFR 571.208) are exempt from the location requirements of this section. S4.3.1 Seat belt anchorages for Type 1 seat belt assemblies and the pelvic portion of Type 2 seat belt assemblies. S4.3.1.1 In an installation in which the seat belt does not bear upon the seat frame: (a) If the seat is a nonadjustable seat, then a line from the seating reference point to the nearest contact point of the belt with the anchorage shall extend forward from the anchorage at an angle with the horizontal of not less than 30 degrees and not more than 75 degrees. (b) If the seat is an adjustable seat, then a line from a point 64 mm forward of and 10 mm above the seating reference point to the nearest contact point of the belt with the anchorage shall extend forward from the anchorage at an angle with the horizontal of not less than 30 degrees and not more than 75 degrees. S4.3.1.2 In an installation in which the belt bears upon the seat frame, the seat belt anchorage, if not on the seat structure, shall be aft of the rearmost belt contact point on the seat frame with the seat in the rearmost position. [[Page 892]] The line from the seating reference point to the nearest belt contact point on the seat frame, with the seat positioned at the seating reference point, shall extend forward from that contact point at an angle with the horizontal of not less than 30 degrees and not more than 75 degrees. S4.3.1.3 In an installation in which the seat belt attaches to the seat structure, the line from the seating reference point to the nearest contact point of the belt with the hardware attaching it to the seat structure shall extend forward from that contact point at an angle with the horizontal of not less than 30 degrees and not more than 75 degrees. S4.3.1.4 Anchorages for an individual seat belt assembly shall be located at least 165 mm apart laterally, measured between the vertical center line of the bolt holes or, for designs using other means of attachment to the vehicle structure, between the centroid of such means. S4.3.2 Seat belt anchorages for the upper torso portion of Type 2 seat belt assemblies. Adjust the seat to its full rearward and downward position and adjust the seat back to its most upright position. Except a small occupant seating position as defined in 49 CFR 571.222, with the seat and seat back so positioned, as specified by subsection (a) or (b) of this section, the upper end of the upper torso restraint shall be located within the acceptable range shown in Figure 1, with reference to a two-dimensional drafting template described in SAE Standard J826 MAY87 (incorporated by reference, see Sec. 571.5). The template's ``H'' point shall be at the design ``H'' point of the seat for its full rearward and full downward position, as defined in SAE Recommended Practice J1100 JUN84 (incorporated by reference, see Sec. 571.5), and the template's torso line shall be at the same angle from the vertical as the seat back. (a) For fixed anchorages, compliance with this section shall be determined at the vertical centerline of the bolt holes or, for designs using another means of attachment to the vehicle structure, at the centroid of such means. (b) Except for seating positions on school bus bench seats, compliance with this section shall be determined with adjustable anchorages at the midpoint of the adjustment range of all adjustable positions. For seating positions on school bus bench seats, place adjustable anchorages and torso belt height adjusters in their uppermost position. S5. Test procedures. Each vehicle shall meet the requirements of S4.2 of this standard when tested according to the following procedures. Where a range of values is specified, the vehicle shall be able to meet the requirements at all points within the range. For the testing specified in these procedures, the anchorage shall be connected to material whose breaking strength is equal to or greater than the breaking strength of the webbing for the seat belt assembly installed as original equipment at that seating position. The geometry of the attachment duplicates the geometry, at the initiation of the test, of the attachment of the originally installed seat belt assembly. S5.1 Seats with Type 1 or Type 2 seat belt anchorages. With the seat in its rearmost position, apply a force of 22,241 N in the direction in which the seat faces to a pelvic body block as described in Figure 2A, in a plane parallel to the longitudinal centerline of the vehicle for forward and rear facing seats, and in a plane perpendicular to the longitudinal centerline of the vehicle for side facing seats, with an initial force application angle of not less than 5 degrees or more than 15 degrees above the horizontal. Apply the force at the onset rate of not more than 222,411 N per second. Attain the 22,241 N force in not more than 30 seconds and maintain it for 10 seconds. At the manufacturer's option, the pelvic body block described in Figure 2B may be substituted for the pelvic body block described in Figure 2A to apply the specified force to the center set(s) of anchorages for any group of three or more sets of anchorages that are simultaneously loaded in accordance with S4.2.4 of this standard. S5.2 Seats with Type 2 or automatic seat belt anchorages. With the seat in its rearmost position, apply forces of 13,345 N in the direction in which the seat faces simultaneously to a pelvic body block, as described in Figure 2A, [[Page 893]] and an upper torso body block, as described in Figure 3, in a plane parallel to the longitudinal centerline of the vehicle for forward and rear facing seats, and in a plane perpendicular to the longitudinal centerline of the vehicle for side facing seats, with an initial force application angle of not less than 5 degrees nor more than 15 degrees above the horizontal. Apply the forces at the onset rate of not more than 133,447 N per second. Attain the 13,345 N force in not more than 30 seconds and maintain it for 10 seconds. At the manufacturer's option, the pelvic body block described in Figure 2B may be substituted for the pelvic body block described in Figure 2A to apply the specified force to the center set(s) of anchorages for any group of three or more sets of anchorages that are simultaneously loaded in accordance with S4.2.4 of this standard. [[Page 894]] [GRAPHIC] [TIFF OMITTED] TC01AU91.094 [[Page 895]] [GRAPHIC] [TIFF OMITTED] TR27MY98.004 [GRAPHIC] [TIFF OMITTED] TR27MY98.005 [[Page 896]] [GRAPHIC] [TIFF OMITTED] TR27MY98.006 S6. Owner's Manual Information. The owner's manual in each vehicle with a gross vehicle weight rating of 4,536 kg or less manufactured after September 1, 1987 shall include: (a) A section explaining that all child restraint systems are designed to be secured in vehicle seats by lap belts or the lap belt portion of a lap-shoulder belt. The section shall also explain that children could be endangered in a crash if their child restraints are not properly secured in the vehicle. (b) In a vehicle with rear designated seating positions, a statement alerting vehicle owners that, according to accident statistics, children are safer when properly restrained in the rear seating positions than in the front seating positions. [[Page 897]] [GRAPHIC] [TIFF OMITTED] TR21OC08.058 [[Page 898]] [GRAPHIC] [TIFF OMITTED] TR29OC10.001 [36 FR 22902, Dec. 2, 1971] Editorial Note: For Federal Register citations affecting Sec. 571.210, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. [[Page 899]] Sec. 571.211 [Reserved] Sec. 571.212 Standard No. 212; Windshield mounting. S1. Scope. This standard establishes windshield retention requirements for motor vehicles during crashes. S2. Purpose. The purpose of this standard is to reduce crash injuries and fatalities by providing for retention of the vehicle windshield during a crash, thereby utilizing fully the penetration- resistance and injury-avoidance properties of the windshield glazing material and preventing the ejection of occupants from the vehicle. S3. Application. This standard applies to passenger cars, and to multipurpose passenger vehicles, trucks designed to carry at least one person, and buses having a gross vehicle weight rating of 4,536 kilograms or less. However, it does not apply to forward control vehicles, walk-in van-type vehicles, or to open-body type vehicles with fold-down or removable windshields. S4. Definition. Passive restraint system means a system meeting the occupant crash protection requirements of S5. of Standard No. 208 by means that require no action by vehicle occupants. S5. Requirements. When the vehicle travelling longitudinally forward at any speed up to and including 48 kilometers per hour impacts a fixed collision barrier that is perpendicular to the line of travel of the vehicle, under the conditions of S6, the windshield mounting of the vehicle shall retain not less than the minimum portion of the windshield periphery specified in S5.1 and S5.2. S5.1 Vehicles equipped with passive restraints. Vehicles equipped with passive restraint systems shall retain not less than 50 percent of the portion of the windshield periphery on each side of the vehicle longitudinal centerline. S5.2 Vehicles not equipped with passive restraints. Vehicles not equipped with passive restraint systems shall retain not less than 75 percent of the windshield periphery. S6. Test conditions. The requirements of S5. shall be met under the following conditions: S6.1 The vehicle, including test devices and instrumentation, is loaded as follows: (a) Except as specified in S6.2, a passenger car is loaded to its unloaded vehicle weight plus its cargo and luggage capacity weight, secured in the luggage area, plus a 50th-percentile test dummy as specified in part 572 of this chapter at each front outboard designated seating position and at any other position whose protection system is required to be tested by a dummy under the provisions of Standard No. 208. Each dummy is restrained only by means that are installed for protection at its seating position. (b) Except as specified in S6.2, a multipurpose passenger vehicle, truck or bus is loaded to its unloaded vehicle weight, plus 136 kilograms or its rated cargo and luggage capacity, whichever is less, secured to the vehicle, plus a 50th-percentile test dummy as specified in part 572 of this chapter at each front outboard designated seating position and at any other position whose protection system is required to be tested by a dummy under the provisions of Standard No. 208. Each dummy is restrained only by means that are installed for protection at its seating position. The load is distributed so that the weight on each axle as measured at the tire-ground interface is in proportion to its GAWR. If the weight on any axle when the vehicle is loaded to its unloaded vehicle weight plus dummy weight exceeds the axle's proportional share of the test weight, the remaining weight is placed so that the weight on that axle remains the same. For the purposes of this section, unloaded vehicle weight does not include the weight of work- performing accessories. Vehicles are tested to a maximum unloaded vehicle weight of 2,495 kilograms. S6.2 The fuel tank is filled to any level from 90 to 95 percent of capacity. S6.3 The parking brake is disengaged and the transmission is in neutral. S6.4 Tires are inflated to the vehicle manufacturer's specifications. S6.5 The windshield mounting material and all vehicle components in direct contact with the mounting material are at any temperature between [[Page 900]] -9 degrees Celsius and + 43 degrees Celsius. [41 FR 36494, Aug. 30, 1976, as amended at 42 FR 34289, July 5, 1977; 45 FR 22046, Apr. 3, 1980; 60 FR 13647, Mar. 14, 1995; 87 FR 18597, Mar. 30, 2022] Sec. 571.213 Standard No. 213; Child restraint systems. S1. Scope. This standard specifies requirements for child restraint systems used in motor vehicles and aircraft. S2. Purpose. The purpose of this standard is to reduce the number of children killed or injured in motor vehicle crashes and in aircraft. S3. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks and buses, and to child restraint systems for use in motor vehicles and aircraft. S4. Definitions. Add-on child restraint system means any portable child restraint system. Backless child restraint system means a child restraint, other than a belt-positioning seat, that consists of a seating platform that does not extend up to provide a cushion for the child's back or head and has a structural element designed to restrain forward motion of the child's torso in a forward impact. Belt-positioning seat means a child restraint system that positions a child on a vehicle seat to improve the fit of a vehicle Type II belt system on the child and that lacks any component, such as a belt system or a structural element, designed to restrain forward movement of the child's torso in a forward impact. Booster seat means either a backless child restraint system or a belt-positioning seat. Built-in child restraint system means a child restraint system that is designed to be an integral part of and permanently installed in a motor vehicle. Car bed means a child restraint system designed to restrain or position a child in the supine or prone position on a continuous flat surface. Child restraint anchorage system is defined in S3 of FMVSS No. 225 (Sec. 571.225). Child restraint system means any device, except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 36 kilograms (kg) (80 lb) or less. Contactable surface means any child restraint system surface (other than that of a belt, belt buckle, or belt adjustment hardware) that may contact any part of the head or torso of the appropriate test dummy, specified in S7, when a child restraint system is tested in accordance with S6.1. Factory-installed built-in child restraint system means a built-in child restraint system that has been or will be permanently installed in a motor vehicle before that vehicle is certified as a completed or altered vehicle in accordance with part 567 of this chapter. Harness means a combination pelvic and upper torso child restraint system that consists primarily of flexible material, such as straps, webbing or similar material, and that does not include a rigid seating structure for the child. Rear-facing child restraint system means a child restraint system, except a car bed, that positions a child to face in the direction opposite to the normal direction of travel of the motor vehicle. Representative aircraft passenger seat means either a Federal Aviation Administration approved production aircraft passenger seat or a simulated aircraft passenger seat conforming to Figure 6. Seat orientation reference line or SORL means the horizontal line through Point Z as illustrated in Figure 1A. Specific vehicle shell means the actual vehicle model part into which the built-in child restraint system is or is intended to be fabricated, including the complete surroundings of the built-in system. If the built-in child restraint system is or is intended to be fabricated as part of any seat other than a front seat, these surroundings include the back of the seat in front, the interior rear side door panels and trim, the floor pan, adjacent pillars (e.g., the B and C pillars), and the ceiling. If the built-in system is or is intended to be fabricated as part of the front seat, these surroundings include the dashboard, the steering mechanism and its associated trim hardware, any levers and knobs installed on the floor or on a console, the interior front side door [[Page 901]] panels and trim, the front seat, the floor pan, the A pillars and the ceiling. Tether anchorage is defined in S3 of FMVSS No. 225 (Sec. 571.225). Tether strap is defined in S3 of FMVSS No. 225 (Sec. 571.225). Tether hook is defined in S3 of FMVSS No. 225 (Sec. 571.225). Torso means the portion of the body of a seated anthropomorphic test dummy, excluding the thighs, that lies between the top of the child restraint system seating surface and the top of the shoulders of the test dummy. S5. Requirements. (a) Each motor vehicle with a built-in child restraint system shall meet the requirements in this section when, as specified, tested in accordance with S6.1 and this paragraph. (b) Each child restraint system manufactured for use in motor vehicles shall meet the requirements in this section when, as specified, tested in accordance with S6.1 and this paragraph. Each add-on system shall meet the requirements at each of the restraint's seat back angle adjustment positions and restraint belt routing positions, when the restraint is oriented in the direction recommended by the manufacturer (e.g., forward, rearward or laterally) pursuant to S5.6, and tested with the test dummy specified in S7. (c) Each child restraint system manufactured for use in aircraft shall meet the requirements in this section and the additional requirements in S8. (d) Each child restraint tested with a Part 572 Subpart S dummy need not meet S5.1.2 and S5.1.3. (e) Each child restraint system tested with a part 572 subpart T dummy need not meet S5.1.2.1(a). (f) Each child restraint system that is equipped with an internal harness or other internal components to restrain the child need not meet this standard when attached to the lower anchors of the child restraint anchorage system on the standard seat assembly if the sum of the weight of the child restraint system (in pounds) and the average weight of child represented by the test dummy used to test the child restraint in accordance with S7 of this standard, shown in the table below, exceeds 65 pounds. Such a child restraint must meet this standard when tested using its internal harness or components to restrain such a test dummy while installed using the standard seat belt assembly specified in S5.3.2 of this standard. Table to S5(f)--Average Weight of Child Represented by Various Test Dummies ------------------------------------------------------------------------ Average weight of child Test dummy (specified in S7 of this standard) represented by test dummy (pounds) ------------------------------------------------------------------------ CRABI 12-month-old infant dummy (49 CFR Part 572, 22 Subpart R)............................................. Hybrid III 3-year-old dummy............................. 31 (49 CFR Part 572, Subpart P)............................ Hybrid III 6-year-old dummy 49 CFR Part 572, Subpart N). 45 Hybrid III 6-year-old weighted child test dummy (49 CFR 62 Part 572 Subpart S).................................... Hybrid II 6-year-old dummy (49, CFR Part 572, Subpart I) 45 ------------------------------------------------------------------------ (g) Each add-on child restraint system manufactured for use in motor vehicles, that is recommended for children in a weight range that includes weights up to 18 kilograms (40 pounds), or for children in a height range that includes heights up to 1100 millimeters, shall meet the requirements in this standard and the additional side impact protection requirements in Standard No. 213a (Sec. 571.213a). Excepted from Standard No. 213a are harnesses and car beds. S5.1 Dynamic performance. S5.1.1 Child restraint system integrity. When tested in accordance with S6.1, each child restraint system shall meet the requirements of paragraphs (a) through (c) of this section. (a) Exhibit no complete separation of any load bearing structural element and no partial separation exposing either surfaces with a radius of less than \1/4\ inch or surfaces with protrusions greater than \3/8\ inch above the immediate adjacent surrounding contactable surface of any structural element of the system. (b)(1) If adjustable to different positions, remain in the same adjustment position during the testing that it was in immediately before the testing, except as otherwise specified in paragraph (b)(2). (2)(i) Subject to paragraph (b)(2)(ii), a rear-facing child restraint system may have a means for repositioning the [[Page 902]] seating surface of the system that allows the system's occupant to move from a reclined position to an upright position and back to a reclined position during testing. (ii) No opening that is exposed and is larger than \1/4\ inch before the testing shall become smaller during the testing as a result of the movement of the seating surface relative to the restraint system as a whole. (c) If a front facing child restraint system, not allow the angle between the system's back support surfaces for the child and the system's seating surface to be less than 45 degrees at the completion of the test. S5.1.2 Injury criteria. When tested in accordance with S6.1 and with the test dummies specified in S7, each child restraint system manufactured before August 1, 2005, that, in accordance with S5.5.2, is recommended for use by children whose mass is more than 10 kg shall-- (a) Limit the resultant acceleration at the location of the accelerometer mounted in the test dummy head as specified in part 572 such that the expression: [GRAPHIC] [TIFF OMITTED] TC01AU91.097 shall not exceed 1,000, where a is the resultant acceleration expressed as a multiple of g (the acceleration of gravity), and t1 and t2 are any two moments during the impacts. (b) Limit the resultant acceleration at the location of the accelerometer mounted in the test dummy upper thorax as specified in part 572 to not more than 60 g's, except for intervals whose cumulative duration is not more than 3 milliseconds. S5.1.2.1 When tested in accordance with S6.1 and with the test dummies specified in S7, each child restraint system manufactured on or after August 1, 2005 shall' (a) Limit the resultant acceleration at the location of the accelerometer mounted in the test dummy head such that, for any two points in time, t1 and t2, during the event which are separated by not more than a 36 millisecond time interval and where t1 is less than t2, the maximum calculated head injury criterion (HIC36) shall not exceed 1,000, determined using the resultant head acceleration at the center of gravity of the dummy head, ar, expressed as a multiple of g (the acceleration of gravity), calculated using the expression: [GRAPHIC] [TIFF OMITTED] TR18JN03.018 (b) The resultant acceleration calculated from the output of the thoracic instrumentation shall not exceed 60 g's, except for intervals whose cumulative duration is not more than 3 milliseconds. S5.1.2.2 At the manufacturer's option (with said option irrevocably selected prior to, or at the time of, certification of the restraint), child restraint systems manufactured before August 1, 2005 may be tested to the requirements of S5 while using the test dummies specified in S7.1.2 of this standard according to the criteria for selecting test dummies specified in that paragraph. That paragraph specifies the dummies used to test child restraint systems manufactured on or after August 1, 2005. If a manufacturer selects the dummies specified in S7.1.2 to test its product, the injury criteria specified by S5.1.2.1 of this standard must be met. Child restraints manufactured on or after August 1, 2005 must be tested using the test dummies specified in S7.1.2. S5.1.3 Occupant excursion. When tested in accordance with S6.1 and the requirements specified in this section, each child restraint system shall meet the applicable excursion limit requirements specified in S5.1.3.1-S5.1.3.3. S5.1.3.1 Child restraint systems other than rear-facing ones and car beds. Each child restraint system, other than a rear-facing child restraint system or a car bed, shall retain the test dummy's torso within the system. (a) For each add-on child restraint system: (1) No portion of the test dummy's head shall pass through a vertical transverse plane that is 720 mm or 813 mm (as specified in the table in this S5.1.3.1) forward of point Z on the [[Page 903]] standard seat assembly, measured along the center SORL (as illustrated in figure 1B of this standard); and (2) Neither knee pivot point shall pass through a vertical transverse plane that is 915 mm forward of point Z on the standard seat assembly, measured along the center SORL. Table to S5.1.3.1(a)--Add-On Forward-Facing Child Restraints ---------------------------------------------------------------------------------------------------------------- Explanatory note: In the test specified in 2nd column, the child is tested in accordance these excursion limits restraint is attached to When this type of child restraint with-- apply the test seat assembly in the manner described below, subject to certain conditions ---------------------------------------------------------------------------------------------------------------- Harnesses, backless booster seats S6.1.2(a)(1)(i)(A)..... Head 813 mm;........... Attached with lap belt; and restraints designed for use by Knee 915 mm in addition, if a physically handicapped children. tether is provided, it is attached. Harnesses labeled per S5.3.1(b)(i) S6.1.2(a)(1)(i)(A)..... Head 813 mm;........... Attached with seat back through S5.3.1(b)(iii) and Figure Knee 915 mm mount. 12. Belt-positioning seats.............. S6.1.2(a)(1)(ii)....... Head 813 mm;........... Attached with lap and Knee 915 mm shoulder belt; no tether is attached. All other child restraints, S6.1.2(a)(1)(i)(B)..... Head 813 mm;........... Attached with lap belt; manufactured before September 1, Knee 915 mm no tether is attached. 1999. All other child restraints, S6.1.2(a)(1)(i)(B)..... Head 813 mm;........... Attached with lap belt; manufactured on or after September Knee 915 mm no tether is attached. 1, 1999. S6.1.2(a)(1)(i)(D) Attached to lower (beginning September anchorages of child 1, 2002). restraint anchorage system; no tether is attached. S6.1.2(a)(1)(i)(A)..... Head 720 mm;........... Attached with lap belt; Knee 915 mm in addition, if a tether is provided, it is attached. S6.1.2(a)(1)(i)(C) Attached to lower (beginning September anchorages of child 1, 2002). restraint anchorage system; in addition, if a tether is provided, it is attached. ---------------------------------------------------------------------------------------------------------------- (b) In the case of a built-in child restraint system, neither knee pivot point shall, at any time during the dynamic test, pass through a vertical transverse plane that is 305 mm forward of the initial pre-test position of the respective knee pivot point, measured along a horizontal line that passes through the knee pivot point and is parallel to the vertical longitudinal plane that passes through the vehicle's longitudinal centerline. S5.1.3.2 Rear-facing child restraint systems. In the case of each rear-facing child restraint system, all portions of the test dummy's torso shall be retained within the system and neither of the target points on either side of the dummy's head and on the transverse axis passing through the center of mass of the dummy's head and perpendicular to the head's midsagittal plane, shall pass through the transverse orthogonal planes whose intersection contains the forward-most and top- most points on the child restraint system surfaces (illustrated in Figure 1C). S5.1.3.3 Car beds. In the case of car beds, all portions of the test dummy's head and torso shall be retained within the confines of the car bed. S5.1.4 Back support angle. When a rear-facing child restraint system is tested in accordance with S6.1, the angle between the system's back support surface for the child and the vertical shall not exceed 70 degrees. S5.2 Force distribution. S5.2.1 Minimum head support surface--child restraints other than car beds. S5.2.1.1 Except as provided in S5.2.1.2, each child restraint system other than a car bed shall provide restraint against rearward movement of the head of the child (rearward in relation to the child) by means of a continuous seat back which is an integral part of the system and which-- (a) Has a height, measured along the system seat back surface for the child in the vertical longitudinal plane passing through the longitudinal centerline of the child restraint systems from the lowest point on the system seating surface that is contacted by the buttocks of the seated dummy, as follows: [[Page 904]] Table to S5.2.1.1(a) ------------------------------------------------------------------------ Height Weight \1\ \2\(mm) ------------------------------------------------------------------------ Not more than 18 kg.......................................... 500 More than 18 kg.............................................. 560 ------------------------------------------------------------------------ \1\ When a child restraint system is recommended under S5.5 for use by children of the above weights. \2\ The height of the portion of the system seat back providing head restraint shall not be less than the above. (b) Has a width of not less than 8 inches, measured in the horizontal plane at the height specified in paragraph (a) of this section. Except that a child restraint system with side supports extending at least 4 inches forward from the padded surface of the portion of the restraint system provided for support of the child's head may have a width of not less than 6 inches, measured in the horizontal plane at the height specified in paragraph (a) of this section. (c) Limits the rearward rotation of the test dummy head so that the angle between the head and torso of the dummy specified in S7. when tested in accordance with S6.1 is not more than 45 degrees greater than the angle between the head and torso after the dummy has been placed in the system in accordance with S6.1.2.3 and before the system is tested in accordance with S6.1. S5.2.1.2 The applicability of the requirements of S5.2.1.1 to a front-facing child restraint, and the conformance of any child restraint other than a car bed to those requirements, is determined using the largest of the test dummies specified in S7 for use in testing that restraint, provided that the 6-year-old dummy described in subpart I or subpart N of part 572 of this title and the 10-year-old dummy described in subpart T of part 572 of this title, are not used to determine the applicability of or compliance with S5.2.1.1. A front facing child restraint system is not required to comply with S5.2.1.1 if the target point on either side of the dummy's head is below a horizontal plane tangent to the top of-- (a) The standard seat assembly, in the case of an add-on child restraint system, when the dummy is positioned in the system and the system is installed on the assembly in accordance with S6.1.2. (b) The vehicle seat, in the case of a built-in child restraint system, when the system is activated and the dummy is positioned in the system in accordance with S6.1.2. S5.2.2 Torso impact protection. Each child restraint system other than a car bed shall comply with the applicable requirements of S5.2.2.1 and S5.2.2.2. S5.2.2.1(a) The system surface provided for the support of the child's back shall be flat or concave and have a continuous surface area of not less than 85 square inches. (b) Each system surface provided for support of the side of the child's torso shall be flat or concave and have a continuous surface of not less than 24 square inches for systems recommended for children weighing 20 pounds or more, or 48 square inches for systems recommended for children weighing less than 20 pounds. (c) Each horizontal cross section of each system surface designed to restrain forward movement of the child's torso shall be flat or concave and each vertical longitudinal cross section shall be flat or convex with a radius of curvature of the underlying structure of not less than 2 inches. S5.2.2.2 Each forward-facing child restraint system shall have no fixed or movable surface-- (a) Directly forward of the dummy and intersected by a horizontal line-- (1) Parallel to the SORL, in the case of the add-on child restraint system, or (2) Parallel to a vertical plane through the longitudinal center line of the vehicle seat, in the case of a built-in child restraint system, and, (b) Passing through any portion of the dummy, except for surfaces which restrain the dummy when the system is tested in accordance with S6.1.2(a)(2), so that the child restraint system shall conform to the requirements of S5.1.2 and S5.1.3.1. S5.2.3 [Reserved] S5.2.4 Protrusion limitation. Any portion of a rigid structural component within or underlying a contactable surface, or any portion of a child restraint system surface that is subject to the requirements of S5.2.3 shall, with any padding or other flexible overlay material removed, have a height above any immediately adjacent restraint system surface of not more than \3/8\ inch and no [[Page 905]] exposed edge with a radius of less than \1/4\ inch. S5.3 Installation. S5.3.1 Add-on child restraints shall meet either (a) or (b), as appropriate. (a) Except for components designed to attach to a child restraint anchorage system, each add-on child restraint system must not have any means designed for attaching the system to a vehicle seat cushion or vehicle seat back and any component (except belts) that is designed to be inserted between the vehicle seat cushion and vehicle seat back. (b) Harnesses manufactured for use on school bus seats must meet S5.3.1(a) of this standard, unless a label that conforms in content to Figure 12 and to the requirements of S5.3.1(b)(1) through S5.3.1(b)(3) of this standard is permanently affixed to the part of the harness that attaches the system to a vehicle seat back. Harnesses that are not labeled as required by this paragraph must meet S5.3.1(a). (1) The label must be plainly visible when installed and easily readable. (2) The message area must be white with black text. The message area must be no less than 20 square centimeters. (3) The pictogram shall be gray and black with a red circle and slash on a white background. The pictogram shall be no less than 20 mm in diameter. S5.3.2 Each add-on child restraint system shall be capable of meeting the requirements of this standard when installed solely by each of the means indicated in the following table for the particular type of child restraint system: Table for S5.3.2 ---------------------------------------------------------------------------------------------------------------- Means of installation ----------------------------------------------------------------- Type 1 seat Child belt restraint Type of add-on child restraint system Type 1 seat assembly anchorage Type II seat Seat belt plus a system belt back assembly tether (effective assembly mount anchorage, September 1, if needed 2002) ---------------------------------------------------------------------------------------------------------------- Harnesses labeled per S5.3.1(b)(1) through ............ ............ ............ ............ X S5.3.1(b)(3) and Figure 12................... Other harnesses............................... ............ X Car beds...................................... X Rear-facing restraints........................ X ............ X Belt-positioning seats........................ ............ ............ ............ X ........ All other child restraints.................... X X X ---------------------------------------------------------------------------------------------------------------- S5.3.3 Car beds. Each car bed shall be designed to be installed on a vehicle seat so that the car bed's longitudinal axis is perpendicular to a vertical longitudinal plane through the longitudinal axis of the vehicle. S5.4 Belts, belt buckles, and belt webbing. S5.4.1 Performance requirements. S5.4.1.1 Child restraint systems manufactured before September 1, 2007. The webbing of belts provided with a child restraint system and used to attach the system to the vehicle or to restrain the child within the system shall-- (a) After being subjected to abrasion as specified in S5.1(d) or S5.3(c) of FMVSS 209 (Sec. 571.209), have a breaking strength of not less than 75 percent of the strength of the unabraded webbing when tested in accordance with S5.1(b) of FMVSS 209. A mass of 2.35 .05 kg shall be used in the test procedure in S5.1(d) of FMVSS 209 for webbing, including webbing used to secure a child restraint system to the tether and lower anchorages of a child restraint anchorage system, except that a mass of 1.5 .05 kg shall be used for webbing in pelvic and upper torso restraints of a belt assembly used in a child restraint system. The mass is shown as (B) in Figure 2 of FMVSS 209. (b) Meet the requirements of S4.2 (e) and (f) of FMVSS No. 209 (Sec. 571.209); and (c) If contactable by the test dummy torso when the system is tested in accordance with S6.1, have a width of not less than 1\1/2\ inches when measured in accordance with S5.4.1.3. [[Page 906]] S5.4.1.2 Child restraint systems manufactured on or after September 1, 2007. The webbing of belts provided with a child restraint system and used to attach the system to the vehicle or to restrain the child within the system shall-- (a) Have a minimum breaking strength for new webbing of not less than 15,000 N in the case of webbing used to secure a child restraint system to the vehicle, including the tether and lower anchorages of a child restraint anchorage system, and not less than 11,000 N in the case of the webbing used to secure a child to a child restraint system when tested in accordance with S5.1 of FMVSS No. 209. Each value shall be not less than the 15,000 N and 11,000 N applicable breaking strength requirements, but the median value shall be used for determining the retention of breaking strength in paragraphs (b)(1), (c)(1), and (c)(2) of this section S5.4.1.2. ``New webbing'' means webbing that has not been exposed to abrasion, light or micro-organisms as specified elsewhere in this section. (b)(1) After being subjected to abrasion as specified in S5.1(d) or S5.3(c) of FMVSS 209 (Sec. 571.209), have a breaking strength of not less than 75 percent of the new webbing strength, when tested in accordance with S5.1(b) of FMVSS 209. (2) A mass of 2.35 .05 kg shall be used in the test procedure in S5.1(d) of FMVSS 209 for webbing, including webbing to secure a child restraint system to the tether and lower anchorages of a child restraint anchorage system, except that a mass of 1.5 .05 kg shall be used for webbing in pelvic and upper torso restraints of a belt assembly used in a child restraint system. The mass is shown as (B) in Figure 2 of FMVSS 209. (c)(1) After exposure to the light of a carbon arc and tested by the procedure specified in S5.1(e) of FMVSS 209 (Sec. 571.209), have a breaking strength of not less than 60 percent of the new webbing, and shall have a color retention not less than No. 2 on the AATCC Gray Scale for Evaluating Change in Color (incorporated by reference, see Sec. 571.5). (2) After being subjected to micro-organisms and tested by the procedures specified in S5.1(f) of FMVSS 209 (Sec. 571.209), shall have a breaking strength not less than 85 percent of the new webbing. (d) If contactable by the test dummy torso when the system is tested in accordance with S6.1, have a width of not less than 1\1/2\ inches when measured in accordance with S5.4.1.3. S5.4.1.3 Width test procedure. Condition the webbing for 24 hours in an atmosphere of any relative humidity between 48 and 67 percent, and any ambient temperature between 70[deg] and 77 [deg]F. Measure belt webbing width under a tension of 5 pounds applied lengthwise. S5.4.2 Belt buckles and belt adjustment hardware. Each belt buckle and item of belt adjustment hardware used in a child restraint system shall conform to the requirements of S4.3(a) and S4.3(b) of FMVSS No. 209 (Sec. 571.209). S5.4.3 Belt Restraint. S5.4.3.1 General. Each belt that is part of a child restraint system and that is designed to restrain a child using the system shall be adjustable to snugly fit any child whose height and weight are within the ranges recommended in accordance with S5.5.2(f) and who is positioned in the system in accordance with the instructions required by S5.6. S5.4.3.2 Direct restraint. Except for belt-positioning seats, each belt that is part of a child restraint system and that is designed to restrain a child using the system and to attach the system to the vehicle, and each Type I and lap portion of a Type II vehicle belt that is used to attach the system to the vehicle shall, when tested in accordance with S6.1, impose no loads on the child that result from the mass of the system, or-- (a) In the case of an add-on child restraint system, from the mass of the seat back of the standard seat assembly specified in S6.1, or (b) In the case of a built-in child restraint system, from the mass of any part of the vehicle into which the child restraint system is built. S5.4.3.3 Seating systems. Except for child restraint systems subject to S5.4.3.4, each child restraint system that is designed for use by a child in a seated position and that has belts designed to restrain the child, shall, with [[Page 907]] the test dummy specified in S7 positioned in the system in accordance with S10 provide: (a) Upper torso restraint in the form of: (i) Belts passing over each shoulder of the child, or (ii) A fixed or movable surface that complies with S5.2.2.1(c), and (b) Lower torso restraint in the form of: (i) A lap belt assembly making an angle between 45[deg] and 90[deg] with the child restraint seating surface at the lap belt attachment points, or (ii) A fixed or movable surface that complies with S5.2.2.1(c), and (c) In the case of each seating system recommended for children whose masses are more than 10 kg, crotch restraint in the form of: (i) A crotch belt connectable to the lap belt or other device used to restrain the lower torso, or (ii) A fixed or movable surface that complies with S5.2.2.1(c). S5.4.3.4 Harnesses. Each child harness shall: (a) Provide upper torso restraint, including belts passing over each shoulder of the child; (b) Provide lower torso restraint by means of lap and crotch belt; and (c) Prevent a child of any height for which the restraint is recommended for use pursuant to S5.5.2(f) from standing upright on the vehicle seat when the child is placed in the device in accordance with the instructions required by S5.6. S5.4.3.5 Buckle release. Any buckle in a child restraint system belt assembly designed to restrain a child using the system shall: (a) When tested in accordance with S6.2.1 prior to the dynamic test of S6.1, not release when a force of less than 40 newtons (N) is applied and shall release when a force of not more than 62 N is applied; (b) After the dynamic test of S6.1, when tested in accordance with the appropriate sections of S6.2, release when a force of not more than 71 N is applied, provided, however, that the conformance of any child restraint to this requirement is determined using the largest of the test dummies specified in S7 for use in testing that restraint when the restraint is facing forward, rearward, and/or laterally; (c) Meet the requirements of S4.3(d)(2) of FMVSS No. 209 (Sec. 571.209), except that the minimum surface area for child restraint buckles designed for push button application shall be 0.6 square inch; (d) Meet the requirements of S4.3(g) of FMVSS No. 209 (Sec. 571.209) when tested in accordance with S5.2(g) of FMVSS No. 209; and (e) Not release during the testing specified in S6.1. S5.5 Labeling. Any labels or written instructions provided in addition to those required by this section shall not obscure or confuse the meaning of the required information or be otherwise misleading to the consumer. Any labels or written instructions other than in the English language shall be an accurate translation of English labels or written instructions. S5.5.1 Each add-on child restraint system shall be permanently labeled with the information specified in S5.5.2 (a) through (m). S5.5.2 The information specified in paragraphs (a) through (m) of this section shall be stated in the English language and lettered in letters and numbers that are not smaller than 10 point type. Unless otherwise specified, the information shall be labeled on a white background with black text. Unless written in all capitals, the information shall be stated in sentence capitalization. (a) The model name or number of the system. (b) The manufacturer's name. A distributor's name may be used instead if the distributor assumes responsibility for all duties and liabilities imposed on the manufacturer with respect to the system by the National Traffic and Motor Vehicle Safety Act, as amended. (c) The statement: ``Manufactured in ____,'' inserting the month and year of manufacture. (d) The place of manufacture (city and State, or foreign country). However, if the manufacturer uses the name of the distributor, then it shall state the location (city and State, or foreign country) of the principal offices of the distributor. [[Page 908]] (e) The statement: ``This child restraint system conforms to all applicable Federal motor vehicle safety standards.'' (f) One of the following statements, as appropriate, inserting the manufacturer's recommendations for the maximum mass of children who can safely occupy the system, except that booster seats shall not be recommended for children whose masses are less than 13.6 kg. For seats that can only be used as belt-positioning seats, manufacturers must include the maximum and minimum recommended height, but may delete the reference to weight: (1) Use only with children who weigh ____ pounds (____ kg) or less and whose height is (insert values in English and metric units; use of word ``mass'' in label is optional) or less; or (2) Use only with children who weigh between ____ and ____ pounds (insert appropriate English and metric values; use of word ``mass'' is optional) and whose height is (insert appropriate values in English and metric units) or less and who are capable of sitting upright alone; or (3) Use only with children who weigh between ____ and ____ pounds (insert appropriate English and metric values; use of word ``mass'' is optional) and whose height is (insert appropriate values in English and metric units) or less. (4) Use only with children who weigh between ____ and ____ pounds (insert appropriate English and metric values; use of word ``mass'' is optional) and whose height is between ____ and ____ (insert appropriate values in English and metric units). (g) The statements specified in paragraphs (1) and (2): (1) A heading as specified in S5.5.2(k)(3)(i), with the statement ``WARNING! DEATH or SERIOUS INJURY can occur,'' capitalized as written and followed by bulleted statements in the following order: (i) As appropriate, the statements required by the following sections will be bulleted and placed after the statement required by 5.5.2(g)(1) in the following order: 5.5.2(k)(1) or 5.5.2(k)(2), 5.5.2(f), 5.5.2(h), 5.5.2(j), and 5.5.2(i). (ii) Secure this child restraint with the vehicle's child restraint anchorage system, if available, or with a vehicle belt. [For car beds, harnesses, and belt positioning seats, the first part of the statement regarding attachment by the child restraint anchorage system is optional.] [For belt-positioning seats, the second part of the statement regarding attachment by the vehicle belt does not apply.] [For child restraints manufactured from February 27, 2014 to February 26, 2015, the following statement applies.] Child restraint systems equipped with internal harnesses to restrain the child and with components to attach to a child restraint anchorage system and for which the combined weight of the child restraint system and the maximum recommended child weight for use with internal harnesses exceeds 65 pounds, must be labeled with the following statement: ``Do not use the lower anchors of the child restraint anchorage system (LATCH system) to attach this child restraint when restraining a child weighing more than * [*insert a recommended weight value in English and metric units such that the sum of the recommended weight value and the weight of the child restraint system does not exceed 65 pounds (29.5 kg)] with the internal harnesses of the child restraint.'' (iii) Follow all instructions on this child restraint and in the written instructions located (insert storage location on the restraint for the manufacturer's installation instruction booklet or sheet). (iv) Register your child restraint with the manufacturer. (2) At the manufacturer's option, the phrase ``DEATH or SERIOUS INJURY can occur'' in the heading can be on either a white or yellow background. (3) More than one label may be used for the required bulleted statements. Multiple labels shall be placed one above the other unless that arrangement is precluded by insufficient space or shape of the child restraint. In that case, multiple labels shall be placed side by side. When using multiple labels, the mandated warnings must be in the correct order when read from top to bottom. If the labels are side-by- side, then the mandated warnings must appear top to bottom of the leftmost label, then top to bottom of the next label to its right, and so on. There shall be no intervening labels and the [[Page 909]] required heading shall only appear on the first label in the sequence. (h) In the case of each child restraint system that has belts designed to restrain children using them and which do not adjust automatically to fit the child: Snugly adjust the belts provided with this child restraint around your child. (i)(1) For a booster seat that is recommended for use with either a vehicle's Type I or Type II seat belt assembly, one of the following statements, as appropriate: (i) Use only the vehicle's lap and shoulder belt system when restraining the child in this booster seat; or, (ii) Use only the vehicle's lap belt system, or the lap belt part of a lap/shoulder belt system with the shoulder belt placed behind the child, when restraining the child in this seat. (2)(i) Except as provided in paragraph (i)(2)(ii) of this section, for a booster seat which is recommended for use with both a vehicle's Type I and Type II seat belt assemblies, the following statement: Use only the vehicle's lap belt system, or the lap belt part of a lap/ shoulder belt system with the shoulder belt placed behind the child, when restraining the child with the (insert description of the system element provided to restrain forward movement of the child's torso when used with a lap belt (e.g., shield)), and only the vehicle's lap and shoulder belt system when using the booster without the (insert above description). (ii) A booster seat which is recommended for use with both a vehicle's Type I and Type II seat belt assemblies is not subject to S5.5.2(i)(2)(i) if, when the booster is used with the shield or similar component, the booster will cause the shoulder belt to be located in a position other than in front of the child when the booster is installed. However, such a booster shall be labeled with a warning to use the booster with the vehicle's lap and shoulder belt system when using the booster without a shield. (j) In the case of each child restraint system equipped with a top anchorage strap, the statement: Secure the top anchorage strap provided with this child restraint. (k) (1) In the case of each rear-facing child restraint system that is designed for infants only, the statement: Use only in a rear-facing position when using it in the vehicle. (2) In the case of a child restraint system that is designed to be used rearward-facing for infants and forward-facing for older children, the statement: Use only in a rear-facing position when using it with an infant weighing less than (insert a recommended weight that is not less than 20 pounds). (3) Except as provided in (k)(4) of this section, each child restraint system that can be used in a rear-facing position shall have a label that conforms in content to Figure 10 and to the requirements of S5.5.2(k)(3)(i) through S5.5.2(k)(3)(iii) of this standard permanently affixed to the outer surface of the cushion or padding in or adjacent to the area where a child's head would rest, so that the label is plainly visible and easily readable. (i) The heading area shall be yellow with the word ``warning'' and the alert symbol in black. (ii) The message area shall be white with black text. The message area shall be no less than 30 square cm. (iii) The pictogram shall be black with a red circle and slash on a white background. The pictogram shall be no less than 30 mm in diameter. (4) If a child restraint system is equipped with a device that deactivates the passenger-side air bag in a vehicle when and only when the child restraint is installed in the vehicle and provides a signal, for at least 60 seconds after deactivation, that the air bag is deactivated, the label specified in Figure 10 may include the phrase ``unless air bag is off'' after ``on front seat with air bag.'' (l) An installation diagram showing the child restraint system installed in: (1) A seating position equipped with a continuous-loop lap/shoulder belt; (2) A seating position equipped with only a lap belt, as specified in the manufacturer's instructions; and (3) A seating position equipped with a child restraint anchorage system. For child restraint systems manufactured [[Page 910]] on or after February 27, 2015, the following paragraphs (l)(3)(i) and (ii) apply, as appropriate. (i) If the child restraint is designed to meet the requirements of this standard when installed by the child restraint anchorage system according to S5.3.2, and if the sum of the weight of the child restraint and the maximum child weight recommended for the child restraint when used with the restraint's internal harness or components is greater than 65 lb when used forward-facing or rear-facing, include the following statement on this installation diagram: ``Do not install by this method for a child weighing more than *.'' At the manufacturer's option, ``*'' is the child weight limit in English units in accordance with S5.5.2(l)(3)(A)(i), (ii), or (iii). The corresponding child weight limit in metric units may also be included in the statement at the manufacturer's option. (A) For forward-facing and rear-facing child restraints, * is less than or equal to 65 minus child restraint weight (pounds). (B) For forward-facing child restraints, * is the child weight limit specified in the following table corresponding to the value CW, calculated as 65 minus child restraint weight (pounds). Table to S5.5.2(l)(3)(i)(B)--Maximum Child Weight Limit for Lower Anchor Use for Forward-Facing Child Restraint System--Rounding ------------------------------------------------------------------------ Child weight CW = 65--child restaint weight (pounds) limit ``*'' (pounds) ------------------------------------------------------------------------ 20 < CW <= 25........................................... 25 25 < CW <= 30........................................... 30 30 < CW <= 35........................................... 35 35 < CW <= 40........................................... 40 40 < CW <= 45........................................... 45 45 < CW <= 50........................................... 50 50 < CW <= 55........................................... 55 55 < CW <= 60........................................... 60 ------------------------------------------------------------------------ (C) For rear-facing child restraints, * is the child weight limit specified in the following table corresponding to the value CW, calculated as 60 minus child restraint weight (pounds). Table to S5.5.2(l)(3)(i)(C)--Maximum Child Weight Limit for Lower Anchor Use for Rear-Facing Child Restraint System--Rounding ------------------------------------------------------------------------ Child weight CW = 60--child restraint weight (pounds) limit ``*'' (pounds) ------------------------------------------------------------------------ 15 < CW <= 20........................................... 20 20 < CW <= 25........................................... 25 25 < CW <= 30........................................... 30 30 < CW <= 35........................................... 35 35 < CW <= 40........................................... 40 40 < CW <= 45........................................... 45 45 < CW <= 50........................................... 50 50 < CW <= 55........................................... 55 ------------------------------------------------------------------------ (ii) For child restraints designed to meet the requirements of this standard when installed forward-facing and rear-facing by the child restraint anchorage system according to S5.3.2, the following applies: (A) If separate installation diagrams are provided for the child restraint installed forward-facing and rear-facing, S5.5.2(l)(3)(i) applies to each of the installation diagrams. (B) If only one installation diagram is provided and if a statement specifying a child weight limit is required in only rear-facing or forward-facing mode pursuant to S5.5.2(l)(3)(i), then the diagram shall depict installation in that mode along with the corresponding child weight limit in accordance with S5.5.2(l)(3)(i). (C) If a statement specifying a child weight limit is required for the child restraint installed forward-facing and rear-facing pursuant to S5.5.2(l)(3)(i) and only one installation diagram is provided, then the child weight limit shall be in accordance with S5.5.2(l)(3)(i)(A) or the lesser of the child weight limits described in S5.5.2(l)(3)(i)(B) and (C). (m) One of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a Web site on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in part (ii): (i) ``Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional) and the restraint's model number and manufacturing date to [[Page 911]] (insert address) or call (insert a U.S. telephone number). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888- 327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.'' (ii) ``Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available [preceding four words are optional], and the restraint's model number and manufacturing date to (insert address) or call (insert a U.S. telephone number) or register online at (insert Web site for electronic registration form). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888- 327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.'' (n) Child restraint systems, other than belt-positioning seats, harnesses and backless child restraint systems, may be certified as complying with the provisions of S8. Child restraints that are so certified shall be labeled with the statement ``This Restraint is Certified for Use in Motor Vehicles and Aircraft.'' Belt-positioning seats, harnesses and backless child restraint systems shall be labeled with the statement ``This Restraint is Not Certified for Use in Aircraft.'' The statement required by this paragraph shall be in red lettering and shall be placed after the certification statement required by S5.5.2(e). S5.5.3 The information specified in S5.5.2(f) through (l) shall be located on the add-on child restraint system so that it is visible when the system is installed as specified in S5.6.1, except that for child restraints with a detachable base, the installation diagrams specified in S5.5.2(l) are required to be visible only when the base alone is installed. S5.5.4 (a) Each built-in child restraint system other than a factory-installed built-in restraint shall be permanently labeled with the information specified in S5.5.5 (a) through (l). The information specified in S5.5.5(a) through (j) and in S5.5.5(l) shall be visible when the system is activated for use. (b) Each factory-installed built-in child restraint shall be permanently labeled with the information specified in S5.5.5(f) through (j) and S5.5.5(l), so that the information is visible when the restraint is activated for use. The information shall also be included in the vehicle owner's manual. S5.5.5 The information specified in paragraphs (a) through (l) of this section that is required by S5.5.4 shall be in English and lettered in letters and numbers using a not smaller than 10 point type. Unless specified otherwise, the information shall be labeled on a white background with black text. Unless written in all capitals, the information shall be stated in sentence capitalization. (a) The model name or number of the system. (b) The manufacturer's name. A distributor's or dealer's name may be used instead if the distributor or dealer assumes responsibility for all duties and liabilities imposed on the manufacturer with respect to the system by the National Traffic and Motor Vehicle Safety Act, as amended. (c) The statement: ``Manufactured in ______,'' inserting the month and year of manufacture. (d) The place of manufacture (city and State, or foreign country). However, if the manufacturer uses the name of the distributor or dealer, then it shall state the location (city and State, or foreign country) of the principal offices of the distributor or dealer. (e) The statement: ``This child restraint system conforms to all applicable Federal motor vehicle safety standards.'' (f) One of the following statements, inserting the manufacturer's recommendations for the maximum mass of children who can safely occupy the system, except that booster seats shall not be recommended for children whose masses are less than 13.6 kg. For seats that can only be used as belt-positioning seats, manufacturers must include the maximum and minimum recommended height, but may delete the reference to weight: (1) Use only with children who weigh ____ pounds (____ kg) or less and whose height is (insert values in English and metric units; use of word ``mass'' in label is optional) or less; or [[Page 912]] (2) Use only with children who weigh between ____ and ____ pounds (____ and ____ kg) and whose height is (insert appropriate values in English and metric units; use of word ``mass'' in label is optional) or less and who are capable of sitting upright alone; or (3) Use only with children who weigh between ____ and ____ pounds (____ and ____ kg) and whose height is (insert appropriate values in English and metric units; use of word ``mass'' in label is optional) or less. (4) Use only with children who weigh between ____ and ____ pounds (insert appropriate English and metric values; use of word ``mass'' is optional) and whose height is between ____ and ____ (insert appropriate values in English and metric units). (g) The heading and statement specified in paragraph (1), and if appropriate, the statements in paragraph (2) and (3). If used, the statements in paragraphs (2) and (3) shall be bulleted and precede the bulleted statement required by paragraph (1) after the heading. (1) A heading as specified in S5.5.2(k)(3)(i), with the statement ``WARNING! DEATH or SERIOUS INJURY can occur,'' capitalized as written and followed by the bulleted statement: Follow all instructions on the child restraint and in the vehicle's owner's manual. At the manufacturer's option, the phrase ``DEATH or SERIOUS INJURY can occur'' in the heading can be on either a white or yellow background. (2) In the case of each built-in child restraint system which is not intended for use in motor vehicles in certain adjustment positions or under certain circumstances, an appropriate statement of the manufacturers restrictions regarding those positions or circumstances. (3) As appropriate, the statements required by the following sections will be bulleted and placed after the statement required by 5.5.5(g)(1) in the following order: 5.5.5(g)(2), 5.5.5(f), S5.5.5(h) and S5.5.5(i). (h) In the case of each built-in child restraint system that has belts designed to restrain children using them and which do not adjust automatically to fit the child: Snugly adjust the belts provided with this child restraint around your child. (i) In the case of each built-in child restraint which can be used in a rear-facing position, the following statement: Place an infant in a rear-facing position in this child restraint. (j) A diagram or diagrams showing the fully activated child restraint system in infant and/or child configurations. (k) One of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a Web site on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in part (ii): (i) ``Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional), and the restraint's model number and manufacturing date to (insert address) or call (insert a U.S. telephone number). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888- 327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.'' (ii) ``Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional), and the restraint's model number and manufacturing date to (insert address) or call (insert telephone number) or register online at (insert Web site for electronic registration form). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888- 327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.'' (l) In the case of a built-in belt-positioning seat that uses either the vehicle's Type I or Type II belt systems or both, a statement describing the manufacturer's recommendations for the maximum height and weight of children who can safely occupy the system and how the booster should be used (e.g., with or without shield) with the different vehicle belt systems. S5.6 Printed Instructions for Proper Use. Any labels or written instructions provided in addition to those required [[Page 913]] by this section shall not obscure or confuse the meaning of the required information or be otherwise misleading to the consumer. Any labels or written instructions other than in the English language shall be an accurate translation of English labels or written instructions. Unless written in all capitals, the information required by S5.6.1 through S5.6.3 shall be stated in sentence capitalization. S5.6.1 Add-on child restraint systems. Each add-on child restraint system shall be accompanied by printed installation instructions in English that provide a step-by-step procedure, including diagrams, for installing the system in motor vehicles, securing the system in the vehicles, positioning a child in the system, and adjusting the system to fit the child. For each child restraint system that has components for attaching to a tether anchorage or a child restraint anchorage system, the installation instructions shall include a step-by-step procedure, including diagrams, for properly attaching to that anchorage or system. S5.6.1.1 In a vehicle with rear designated seating positions, the instructions shall alert vehicle owners that, according to accident statistics, children are safer when properly restrained in the rear seating positions than in the front seating positions. S5.6.1.2 The instructions shall specify in general terms the types of vehicles, the types of seating positions, and the types of vehicle safety belts with which the add-on child restraint system can or cannot be used. S5.6.1.3 The instructions shall explain the primary consequences of not following the warnings required to be labeled on the child restraint system in accordance with S5.5.2 (g) through (k). S5.6.1.4 The instructions for each car bed shall explain that the car bed should position in such a way that the child's head is near the center of the vehicle. S5.6.1.5 The instructions shall state that add-on child restraint systems should be securely belted to the vehicle, even when they are not occupied, since in a crash an unsecured child restraint system may injure other occupants. S5.6.1.6 Each add-on child restraint system shall have a location on the restraint for storing the manufacturer's instructions. S5.6.1.7 One of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a Web site on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in part (ii): (i) ``Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional), and the restraint's model number and manufacturing date to (insert address) or call (insert a U.S. telephone number). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888- 327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.'' (ii) ``Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional), and the restraint's model number and manufacturing date to (insert address) or call (insert telephone number) or register online at (insert Web site for electronic registration form). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888- 327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.'' S5.6.1.8 In the case of each child restraint system that can be used in a position so that it is facing the rear of the vehicle, the instructions shall provide a warning against using rear-facing restraints at seating positions equipped with air bags, and shall explain the reasons for, and consequences of not following the warning. The instructions shall also include a statement that owners of vehicles with front passenger side air bags should refer to their vehicle owner's manual for child restraint installation instructions. S5.6.1.9 In the case of each rear-facing child restraint system that has a means for repositioning the seating surface of the system that allows the [[Page 914]] system's occupant to move from a reclined position to an upright position during testing, the instructions shall include a warning against impeding the ability of the restraint to change adjustment position. S5.6.1.10(a) For instructions for a booster seat that is recommended for use with either a vehicle's Type I or Type II seat belt assembly, one of the following statements, as appropriate, and the reasons for the statement: (1) Warning! Use only the vehicle's lap and shoulder belt system when restraining the child in this booster seat; or, (2) Warning! Use only the vehicle's lap belt system, or the lap belt part of a lap/shoulder belt system with the shoulder belt placed behind the child, when restraining the child in this seat. (b)(1) Except as provided in S5.6.1.10(b)(2), the instructions for a booster seat that is recommended for use with both a vehicle's Type I and Type II seat belt assemblies shall include the following statement and the reasons therefor: Warning! Use only the vehicle's lap belt system, or the lap belt part of a lap/shoulder belt system with the shoulder belt placed behind the child, when restraining the child with the (insert description of the system element provided to restrain forward movement of the child's torso when used with a lap belt (e.g., shield)), and only the vehicle's lap and shoulder belt system when using this booster without the (insert above description). (2) A booster seat which is recommended for use with both a vehicle's Type I and Type II seat belt assemblies is not subject to S5.6.1.10(b)(1) if, when the booster is used with the shield or similar component, the booster will cause the shoulder belt to be located in a position other than in front of the child when the booster is installed. However, the instructions for such a booster shall include a warning to use the booster with the vehicle's lap and shoulder belt system when using the booster without a shield. (c) The instructions for belt-positioning seats shall include the statement, ``This restraint is not certified for aircraft use,'' and the reasons for this statement. S5.6.1.11 For harnesses that are manufactured for use on school bus seats, the instructions must include the following statements: ``WARNING! This restraint must only be used on school bus seats. Entire seat directly behind must be unoccupied or have restrained occupants.'' The labeling requirement refers to a restrained occupant as: an occupant restrained by any user appropriate vehicle restraint or child restraint system (e.g. lap belt, lap and shoulder belt, booster, child seat, harness . . .). S5.6.1.12(a) Child restraint systems manufactured from February 27, 2014 to February 26, 2015. The instructions for child restraint systems equipped with an internal harness to restrain the child and with components to attach to a child restraint anchorage system, and for which the combined weight of the child restraint system and the maximum recommended child weight for use with the internal harness exceeds 65 pounds, must include the following statement: ``Do not use the lower anchors of the child restraint anchorage system (LATCH system) to attach this child restraint when restraining a child weighing more than ``*'' [*insert a recommended weight value in English and metric units such that the sum of the recommended weight value and the weight of the child restraint system does not exceed 65 pounds (29.5 kg)] with the internal harness of the child restraint.'' (b) Child restraint systems manufactured on or after February 27, 2015. If the child restraint is designed to meet the requirements of this standard when installed by the child restraint anchorage system according to S5.3.2, the installation diagram showing the child restraint system installed using a child restraint anchorage system must meet the specifications in S5.5.2(l)(3). S5.6.2 Built-in child restraint systems. (a) Each built-in child restraint system shall be accompanied by printed instructions in English that provide a step-by-step procedure, including diagrams, for activating the restraint system, positioning a child in the system, adjusting the restraint and, if provided, the restraint harness to fit the child. The instructions for each built-in car bed shall explain that the child should [[Page 915]] be positioned in the bed in such a way that the child's head is near the center of the vehicle. (b) Each motor vehicle equipped with a factory-installed built-in child restraint shall have the information specified in paragraph (a) of this section included in its vehicle owner's manual. S5.6.2.1 The instructions shall explain the primary consequences of not following the manufacturer's warnings for proper use of the child restraint system in accordance with S5.5.5 (f) through (i). S5.6.2.2 The instructions for each built-in child restraint system other than a factory-installed restraint, shall include one of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a Web site on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in part (ii): (i) ``Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional), and the restraint's model number and manufacturing date to (insert address) or call (insert a U.S. telephone number). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888- 327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.'' (ii) ``Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional), and the restraint's model number and manufacturing date to (insert address) or call (insert U.S. telephone number) or register online at (insert Web site for electronic registration form). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888- 327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.'' S5.6.2.3. Each built-in child restraint system other than a factory- installed built-in restraint, shall have a location on the restraint for storing the instructions. S5.6.2.4 Each built-in child restraint system, other than a system that has been installed in a vehicle or a factory-installed built-in system that is designed for a specific vehicle model and seating position, shall be accompanied by instructions in English that provide a step-by-step procedure for installing the system in a motor vehicle. The instructions shall specify the types of vehicles and the seating positions into which the restraint can or cannot be installed. The instructions for each car bed shall explain that the bed should be installed so that the child's head will be near the center of the vehicle. S5.6.2.5 In the case of a built-in belt-positioning seat that uses either the vehicle's Type I or Type II belt systems or both, the instructions shall include a statement describing the manufacturer's recommendations for the maximum height and weight of children who can safely occupy the system and how the booster must be used with the vehicle belt systems appropriate for the booster seat. The instructions shall explain the consequences of not following the directions. The instructions shall specify that, if the booster seat is recommended for use with only the lap-belt part of a Type II assembly, the shoulder belt portion of the assembly must be placed behind the child. S5.6.3 Add-on and built-in child restraint systems. In the case of each child restraint system that has belts designed to restrain children using them and which do not adjust automatically to fit the child, the printed instructions shall include the following statement: A snug strap should not allow any slack. It lies in a relatively straight line without sagging. It does not press on the child's flesh or push the child's body into an unnatural position. S5.7 Flammability. Each material used in a child restraint system shall conform to the requirements of S4 of FMVSS No. 302 (571.302). In the case of a built-in child restraint system, the requirements of S4 of FMVSS No. 302 shall be met in both the ``in-use'' and ``stowed'' positions. S5.8 Information requirements--attached registration form and electronic registration form. S5.8.1 Attached registration form. [[Page 916]] (a) Each child restraint system, except a factory-installed built-in restraint system, shall have a registration form attached to any surface of the restraint that contacts the dummy when the dummy is positioned in the system in accordance with S6.1.2 of Standard 213. (b) Each attached form shall: (1) Consist of a postcard that is attached at a perforation to an informational card; (2) Conform in size, content and format to Figures 9a and 9b of this section; and (3) Have a thickness of at least 0.007 inches and not more than 0.0095 inches. (c) Each postcard shall provide the model name or number and date of manufacture (month, year) of the child restraint system to which the form is attached, shall contain space for the purchaser to record his or her name, mailing address, and at the manufacturer's option, e-mail address, shall be addressed to the manufacturer, and shall be postage paid. No other information shall appear on the postcard, except identifying information that distinguishes a particular child restraint system from other systems of that model name or number may be preprinted in the shaded area of the postcard, as shown in figure 9a. (d) Manufacturers may voluntarily provide a web address on the informational card enabling owners to register child restraints online, provided that the Web address is a direct link to the electronic registration form meeting the requirements of S5.8.2 of this section. S5.8.2 Electronic registration form. (a) Each electronic registration form must meet the requirements of this S5.8.2. Each form shall: (1) Contain the following statements at the top of the form: (i) ``FOR YOUR CHILD'S CONTINUED SAFETY'' (Displayed in bold type face, caps, and minimum 12 point type.) (ii) ``Although child restraint systems undergo testing and evaluation, it is possible that a child restraint could be recalled.'' (Displayed in bold typeface, caps and lower case, and minimum 12 point type.) (iii) ``In case of a recall, we can reach you only if we have your name and address, so please fill in the registration form to be on our recall list.'' (Displayed in bold typeface, caps and lower case, and minimum 12 point type.) (iv) ``In order to properly register your child restraint system, you will need to provide the model number, serial number and date of manufacture. This information is printed on the registration card and can also be found on a white label located on the back of the child restraint system.'' (Displayed in bold typeface, caps and lower case, and minimum 12 point type.) (v) ``This registration is only applicable to child restraint systems purchased in the United States.'' (Displayed in bold typeface, caps and lower case, and minimum 12 point type.) (2) Provide as required registration fields, space for the purchaser to record the model name or number and date of manufacture (month, year) of the child restraint system, and space for the purchaser to record his or her name and mailing address. At the manufacturer's option, a space is provided for the purchaser to record his or her e-mail address. (b) No other information shall appear on the electronic registration form, except for information identifying the manufacturer or a link to the manufacturer's home page, a field to confirm submission, and a prompt to indicate any incomplete or invalid fields prior to submission. Accessing the web page that contains the electronic registration form shall not cause additional screens or electronic banners to appear. (c) The electronic registration form shall be accessed directly by the web address that the manufacturer printed on the attached registration form. The form must appear on screen when the consumer has inputted the web address provided by the manufacturer, without any further keystrokes on the keyboard or clicks of the mouse. S5.9 Attachment to child restraint anchorage system. (a) Each add-on child restraint anchorage system manufactured on or after September 1, 2002, other than a car bed, harness and belt- positioning [[Page 917]] seat, shall have components permanently attached to the system that enable the restraint to be securely fastened to the lower anchorages of the child restraint anchorage system specified in Standard No. 225 (Sec. 571.225) and depicted in Drawing Package SAS-100-1000, Standard Seat Belt Assembly with Addendum A or in Drawing Package, ``NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA-213-2003'' (both incorporated by reference, see Sec. 571.5). The components must be attached by use of a tool, such as a screwdriver. In the case of rear- facing child restraints with detachable bases, only the base is required to have the components. (b) In the case of each child restraint system that is manufactured on or after September 1, 1999 and that has components for attaching the system to a tether anchorage, those components shall include a tether hook that conforms to the configuration and geometry specified in Figure 11 of this standard. (c) In the case of each child restraint system that is manufactured on or after September 1, 1999 and that has components, including belt webbing, for attaching the system to a tether anchorage or to a child restraint anchorage system, the belt webbing shall be adjustable so that the child restraint can be tightly attached to the vehicle. (d) Beginning September 1, 1999, each child restraint system with components that enable the restraint to be securely fastened to the lower anchorages of a child restraint anchorage system, other than a system with hooks for attaching to the lower anchorages, shall provide either an indication when each attachment to the lower anchorages becomes fully latched or attached, or a visual indication that all attachments to the lower anchorages are fully latched or attached. Visual indications shall be detectable under normal daylight lighting conditions. S6. Test conditions and procedures. S6.1 Dynamic systems test for child restraint systems. The test conditions described in S6.1.1 apply to the dynamic systems test. The test procedure for the dynamic systems test is specified in S6.1.2. The test dummy specified in S7 is placed in the test specimen (child restraint), clothed as described in S9 and positioned according to S10. S6.1.1 Test conditions. (a) Test devices. (1) Add-on child restraints. (i) [Reserved] (ii) The test device for add-on restraint systems manufactured on or after August 1, 2005 is a standard seat assembly consisting of a simulated vehicle bench seat, with three seating positions, which is depicted in Drawing Package, ``NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA-213-2003,'' (consisting of drawings and a bill of materials) dated June 3, 2003 (incorporated by reference; see Sec. 571.5). The assembly is mounted on a dynamic test platform so that the center SORL of the seat is parallel to the direction of the test platform travel and so that movement between the base of the assembly and the platform is prevented. (2) The test device for built-in child restraint systems is either the specific vehicle shell or the specific vehicle. (i) Specific vehicle shell. (A) The specific vehicle shell, if selected for testing, is mounted on a dynamic test platform so that the longitudinal center line of the shell is parallel to the direction of the test platform travel and so that movement between the base of the shell and the platform is prevented. Adjustable seats are in the adjustment position midway between the forwardmost and rearmost positions, and if separately adjustable in a vertical direction, are at the lowest position. If an adjustment position does not exist midway between the forwardmost and rearmost position, the closest adjustment position to the rear of the midpoint is used. Adjustable seat backs are in the manufacturer's nominal design riding position. If such a position is not specified, the seat back is positioned so that the longitudinal center line of the child test dummy's neck is vertical, and if an instrumented test dummy is used, the accelerometer surfaces in the dummy's head and thorax, as positioned in the vehicle, are horizontal. If the vehicle seat is equipped with adjustable head restraints, each is adjusted to its highest adjustment position. [[Page 918]] (B) The platform is instrumented with an accelerometer and data processing system having a frequency response of 60 Hz channel class as specified in SAE Recommended Practice J211 (1980) (incorporated by reference, see Sec. 571.5). The accelerometer sensitive axis is parallel to the direction of test platform travel. (ii) Specific vehicle. For built-in child restraint systems, an alternate test device is the specific vehicle into which the built-in system is fabricated. The following test conditions apply to this alternate test device. (A) The vehicle is loaded to its unloaded vehicle weight plus its rated cargo and luggage capacity weight, secured in the luggage area, plus the appropriate child test dummy and, at the vehicle manufacturer's option, an anthropomorphic test dummy which conforms to the requirements of subpart B or subpart E of part 572 of this title for a 50th percentile adult male dummy placed in the front outboard seating position. If the built-in child restraint system is installed at one of the seating positions otherwise requiring the placement of a part 572 test dummy, then in the frontal barrier crash specified in (c), the appropriate child test dummy shall be substituted for the part 572 adult dummy, but only at that seating position. The fuel tank is filled to any level from 90 to 95 percent of capacity. (B) Adjustable seats are in the adjustment position midway between the forward-most and rearmost positions, and if separately adjustable in a vehicle direction, are at the lowest position. If an adjustment position does not exist midway between the forward-most and rearmost positions, the closest adjustment position to the rear of the midpoint is used. (C) Adjustable seat backs are in the manufacturer's nominal design riding position. If a nominal position is not specified, the seat back is positioned so that the longitudinal center line of the child test dummy's neck is vertical, and if an anthropomorphic test dummy is used, the accelerometer surfaces in the test dummy's head and thorax, as positioned in the vehicle, are horizontal. If the vehicle is equipped with adjustable head restraints, each is adjusted to its highest adjustment position. (D) Movable vehicle windows and vents are, at the manufacturer's option, placed in the fully closed position. (E) Convertibles and open-body type vehicles have the top, if any, in place in the closed passenger compartment configuration. (F) Doors are fully closed and latched but not locked. (G) All instrumentation and data reduction is in conformance with SAE Recommended Practice J211 (1980) (incorporated by reference, see Sec. 571.5). (b) The tests are frontal barrier impact simulations of the test platform or frontal barrier crashes of the specific vehicles as specified in S5.1 of Sec. 571.208 and for: (1) Test Configuration I, are at a velocity change of 48 km/h with the acceleration of the test platform entirely within the curve shown in Figure 2 (for child restraints manufactured before August 1, 2005) or in Figure 2A (for child restraints manufactured on or after August 1, 2005), or for the specific vehicle test with the deceleration produced in a 48 km/h frontal barrier crash. (2) Test Configuration II, are set at a velocity change of 32 km/h with the acceleration of the test platform entirely within the curve shown in Figure 3, or for the specific vehicle test, with the deceleration produced in a 32 km/h frontal barrier crash. (c) As illustrated in Figures 1A and 1B of this standard, attached to the seat belt anchorage points provided on the standard seat assembly are Type 1 seat belt assemblies in the case of add-on child restraint systems other than belt-positioning seats, or Type 2 seat belt assemblies in the case of belt-positioning seats. These seat belt assemblies meet the requirements of Standard No. 209 (Sec. 571.209) and have webbing with a width of not more than 2 inches, and are attached to the anchorage points without the use of retractors or reels of any kind. As illustrated in Figures 1A'' and 1B'' of this standard, attached to the standard seat assembly is a child restraint anchorage system conforming to the specifications of Standard No. 225 (Sec. 571.225), in the case [[Page 919]] of add-on child restraint systems other than belt-positioning booster seats. (d)(1) When using the test dummy specified in 49 CFR part 572, subparts I and K, performance tests under S6.1 are conducted at any ambient temperature from 19 [deg]C to 26 [deg]C and at any relative humidity from 10 percent to 70 percent. (2) When using the test dummies specified in 49 CFR part 572, subparts N, P, R or T, performance tests under S6.1 are conducted at any ambient temperature from 20.6 [deg]C to 22.2 [deg]C and at any relative humidity from 10 percent to 70 percent. (e) In the case of add-on child restraint systems, the restraint shall meet the requirements of S5 at each of its seat back angle adjustment positions and restraint belt routing positions, when the restraint is oriented in the direction recommended by the manufacturer (e.g., forward, rearward or laterally) pursuant to S5.6, and tested with the test dummy specified in S7. S6.1.2 Dynamic test procedure. (a) Activate the built-in child restraint or attach the add-on child restraint to the seat assembly as described below: (1) Test configuration I. (i) Child restraints other than belt-positioning seats. Attach the child restraint in any of the following manners specified in S6.1.2(a)(1)(i)(A) through (D), unless otherwise specified in this standard. (A) Install the child restraint system at the center seating position of the standard seat assembly, in accordance with the manufacturer's instructions provided with the system pursuant to S5.6.1, except that the standard lap belt is used and, if provided, a tether strap may be used. For harnesses that bear the label shown in Figure 12 and that meet S5.3.1(b)(1) through S5.3.1(b)(3), attach the harness in accordance with the manufacturer's instructions provided with the system pursuant to S5.6.1, i.e., the seat back mount is used. (B) Except for a child harness, a backless child restraint system with a tether strap, and a restraint designed for use by physically handicapped children, install the child restraint system at the center seating position of the standard seat assembly as in S6.1.2(a)(1)(i)(A), except that no tether strap (or any other supplemental device) is used. (C) Install the child restraint system using the child restraint anchorage system at the center seating position of the standard seat assembly in accordance with the manufacturer's instructions provided with the system pursuant to S5.6.1. The tether strap, if one is provided, is attached to the tether anchorage. (D) Install the child restraint system using only the lower anchorages of the child restraint anchorage system as in S6.1.2(a)(1)(i)(C). No tether strap (or any other supplemental device) is used. (ii) Belt-positioning seats. A belt-positioning seat is attached to either outboard seating position of the standard seat assembly in accordance with the manufacturer's instructions provided with the system pursuant to S5.6.1 using only the standard vehicle lap and shoulder belt and no tether (or any other supplemental device). Place the belt- positioning seat on the standard seat assembly such that the center plane of the belt-positioning seat is parallel and aligned to the center plane of the outboard seating positions on the standard seat assembly and the base of the belt-positioning seat is flat on the standard seat assembly cushion. Move the belt-positioning seat rearward on the standard seat assembly until some part of the belt-positioning seat touches the standard seat assembly back. Keep the belt-positioning seat and the seating position center plane aligned as much as possible. Apply 133 N (30 pounds) of force to the front of the belt-positioning seat rearward into the standard seat assembly and release. (iii) In the case of each built-in child restraint system, activate the restraint in the specific vehicle shell or the specific vehicle, in accordance with the manufacturer's instructions provided in accordance with S5.6.2. (2) Test configuration II. (i) In the case of each add-on child restraint system which is equipped with a fixed or movable surface described in S5.2.2.2, or a backless child restraint system with a top anchorage strap, install the add-on child restraint system at the center seating position of the standard seat assembly using only the standard seat [[Page 920]] lap belt to secure the system to the standard seat. (ii) In the case of each built-in child restraint system which is equipped with a fixed or movable surface described in S5.2.2.2, or a built-in booster seat with a top anchorage strap, activate the system in the specific vehicle shell or the specific vehicle in accordance with the manufacturer's instructions provided in accordance with S5.6.2. (b) Select any dummy specified in S7 for testing systems for use by children of the heights and weights for which the system is recommended in accordance with S5.5. The dummy is assembled, clothed and prepared as specified in S7 and S9 and Part 572 of this chapter, as appropriate. (c) Place the dummy in the child restraint. Position it, and attach the child restraint belts, if appropriate, as specified in S10. (d) Belt adjustment. (1) Add-on systems other than belt-positioning seats. (i) If appropriate, shoulder and pelvic belts that directly restrain the dummy shall be adjusted as follows: Tighten the belts until a 9 N force applied (as illustrated in figure 5) to the webbing at the top of each dummy shoulder and to the pelvic webbing 50 mm on either side of the torso midsagittal plane pulls the webbing 7 mm from the dummy. (ii) All Type I belt systems used to attach an add-on child restraint system to the standard seat assembly, and any provided additional anchorage belt (tether), are tightened to a tension of not less than 53.5 N and not more than 67 N, as measured by a load cell used on the webbing portion of the belt. All belt systems used to attach a harness that bears the label shown in Figure 12 and that meets S5.3.1(b)(i) through S5.3.1(b)(iii) are also tightened to a tension of not less than 53.5 N and not more than 67 N, by measurement means specified in this paragraph. (iii) When attaching a child restraint system to the tether anchorage and the child restraint anchorage system on the standard seat assembly, tighten all belt systems used to attach the restraint to the standard seat assembly to a tension of not less than 53.5 N and not more than 67 N, as measured by a load cell or other suitable means used on the webbing portion of the belt. (2) Add-on belt-positioning seats. (i) The lap portion of Type II belt systems used to restrain the dummy is tightened to a tension of not less than 9 N (2 pounds) and not more than 18 N (4 pounds). (ii) The shoulder portion of Type II belt systems used to restrain the dummy is tightened to a tension of not less than 9 N (2 pounds) and not more than 18 N (4 pounds). (3) Built-in child restraint systems. (i) The lap portion of Type II belt systems used to secure a dummy to the built-in child restraint system is tightened to a tension of not less than 53.5 N and not more than 67 N, as measured by a load cell used on the webbing portion of the belt. (ii) The shoulder portion of Type II belt systems used to secure a child is tightened to a tension of not less than 9 N and not more than 18 N, as measured by a load cell used on the webbing portion of the belt. (iii) If provided, and if appropriate to attach the child restraint belts under S10, shoulder (other than the shoulder portion of a Type II vehicle belt system) and pelvic belts that directly restrain the dummy shall be adjusted as follows: Tighten the belts until a 9 N force applied (as illustrated in figure 5) to the webbing at the top of each dummy shoulder and to the pelvic webbing 50 mm on either side of the torso midsagittal plane pulls the webbing 7 mm from the dummy. (e) Accelerate the test platform to simulate frontal impact in accordance with Test Configuration I or II, as appropriate. (f) Determine conformance with the requirements in S5.1. S6.2 Buckle release test procedure. The belt assembly buckles used in any child restraint system shall be tested in accordance with S6.2.1 through S6.2.4 inclusive. S6.2.1 Before conducting the testing specified in S6.1, place the loaded buckle on a hard, flat, horizontal surface. Each belt end of the buckle shall be pre-loaded in the following manner. The anchor end of the buckle shall be loaded with a 9 N force in the direction [[Page 921]] away from the buckle. In the case of buckles designed to secure a single latch plate, the belt latch plate end of the buckle shall be pre-loaded with a 9 N force in the direction away from the buckle. In the case of buckles designed to secure two or more latch plates, the belt latch plate ends of the buckle shall be loaded equally so that the total load is 9 N, in the direction away from the buckle. For pushbutton-release buckles, the release force shall be applied by a conical surface (cone angle not exceeding 90 degrees). For pushbutton-release mechanisms with a fixed edge (referred to in Figure 7 as ``hinged button''), the release force shall be applied at the centerline of the button, 3 mm away from the movable edge directly opposite the fixed edge, and in the direction that produces maximum releasing effect. For pushbutton-release mechanisms with no fixed edge (referred to in Figure 7 as ``floating button''), the release force shall be applied at the center of the release mechanism in the direction that produces the maximum releasing effect. For all other buckle release mechanisms, the force shall be applied on the centerline of the buckle lever or finger tab in the direction that produces the maximum releasing effect. Measure the force required to release the buckle. Figure 7 illustrates the loading for the different buckles and the point where the release force should be applied, and Figure 8 illustrates the conical surface used to apply the release force to pushbutton-release buckles. S6.2.2 After completion of the testing specified in S6.1 and before the buckle is unlatched, tie a self-adjusting sling to each wrist and ankle of the test dummy in the manner illustrated in Figure 4, without disturbing the belted dummy and the child restraint system. S6.2.3 Pull the sling tied to the dummy restrained in the child restraint system and apply the following force: 50 N for a system tested with a newborn dummy (49 CFR part 572, subpart K); 90 N for a system tested with a 12-month-old dummy (49 CFR part 572, subpart R); 200 N for a system tested with a 3-year-old dummy (49 CFR part 572, subpart P); 270 N for a system tested with a 6-year-old dummy (49 CFR part 572, subpart N or I); 350 N for a system tested with a weighted 6-year-old dummy (49 CFR part 572, subpart S); or 437 N for a system tested with a 10-year-old dummy (49 CFR part 572, subpart T). The force is applied in the manner illustrated in Figure 4 and as follows: (a) Add-on Child Restraints. For an add-on child restraint other than a car bed, apply the specified force by pulling the sling horizontally and parallel to the SORL of the standard seat assembly. For a car bed, apply the force by pulling the sling vertically. (b) Built-in Child Restraints. For a built-in child restraint other than a car bed, apply the force by pulling the sling parallel to the longitudinal centerline of the specific vehicle shell or the specific vehicle. In the case of a car bed, apply the force by pulling the sling vertically. S6.2.4 While applying the force specified in S6.2.3, and using the device shown in Figure 8 for pushbutton-release buckles, apply the release force in the manner and location specified in S6.2.1, for that type of buckle. Measure the force required to release the buckle. S6.3 [Reserved] S7 Test dummies. (Subparts referenced in this section are of part 572 of this chapter.) S7.1 Dummy selection. Select any dummy specified in S7.1.1, S7.1.2 or S7.1.3, as appropriate, for testing systems for use by children of the height and mass for which the system is recommended in accordance with S5.5. A child restraint that meets the criteria in two or more of the following paragraphs in S7 may be tested with any of the test dummies specified in those paragraphs. S7.1.1 [Reserved] S7.1.2 Child restraints that are manufactured on or after August 1, 2005, are subject to the following provisions and S7.1.3. (a) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass of not greater than 5 kg, or by children in a specified height range that includes [[Page 922]] any children whose height is not greater than 650 mm, is tested with a newborn test dummy conforming to part 572 subpart K. (b) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 5 but not greater than 10 kg, or by children in a specified height range that includes any children whose height is greater than 650 mm but not greater than 850 mm, is tested with a newborn test dummy conforming to part 572 subpart K, and a 12-month-old test dummy conforming to part 572 subpart R. (c) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 10 kg but not greater than 18 kg, or by children in a specified height range that includes any children whose height is greater than 850 mm but not greater than 1100 mm, is tested with a 12-month-old test dummy conforming to part 572 subpart R, and a 3-year-old test dummy conforming to part 572 subpart P and S7.2, provided, however, that the 12-month-old dummy is not used to test a booster seat. (d) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 18 kg (40 lb) but not greater than 22.7 (50 lb), or by children in a specified height range that includes any children whose height is greater than 1100 mm but not greater than 1250 mm is tested with a 49 CFR part 572, subpart N dummy (Hybrid III 6-year-old dummy). (e) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 22.7 kg (50 lb) but not greater than 30 kg (65 lb) or by children in a specified height range that includes any children whose height is greater than 1100 mm but not greater than 1250 mm is tested with a 49 CFR part 572, subpart N dummy (Hybrid III 6-year-old dummy) and with a part 572, subpart S dummy (Hybrid III 6-year-old weighted dummy). (f) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 30 kg (65 lb) or by children in a specified height range that includes any children whose height is greater than 1250 mm is tested with a 49 CFR part 572, subpart T dummy (Hybrid III 10-year-old dummy). S7.1.3 Voluntary use of alternative dummies. At the manufacturer's option (with said option irrevocably selected prior to, or at the time of, certification of the restraint), when this section specifies use of the 49 CFR part 572, subpart N (Hybrid III 6-year-old dummy) test dummy, the test dummy specified in 49 CFR part 572, subpart I (Hybrid II 6- year-old dummy) may be used in place of the subpart N test dummy. S8 Requirements, test conditions, and procedures for child restraint systems manufactured for use in aircraft. Each child restraint system manufactured for use in both motor vehicles and aircraft must comply with all of the applicable requirements specified in Section S5 and with the additional requirements specified in S8.1 and S8.2. S8.1 Installation instructions. Each child restraint system manufactured for use in aircraft shall be accompanied by printed instructions in English that provide a step-by-step procedure, including diagrams, for installing the system in aircraft passenger seats, securing a child in the system when it is installed in aircraft, and adjusting the system to fit the child. S8.2 Inversion test. When tested in accordance with S8.2.1 through S8.2.5, each child restraint system manufactured for use in aircraft shall meet the requirements of S8.2.1 through S8.2.6. The manufacturer may, at its option, use any seat which is a representative aircraft passenger seat within the meaning of S4. Each system shall meet the requirements at each of the restraint's seat back angle adjustment positions and restraint belt routing positions, when the restraint is oriented in the direction recommended by the [[Page 923]] manufacturer (e.g., facing forward, rearward or laterally) pursuant to S8.1, and tested with the test dummy specified in S7. If the manufacturer recommendations do not include instructions for orienting the restraint in aircraft when the restraint seat back angle is adjusted to any position, position the restraint on the aircraft seat by following the instructions (provided in accordance with S5.6) for orienting the restraint in motor vehicles. S8.2.1 A standard seat assembly consisting of a representative aircraft passenger seat shall be positioned and adjusted so that its horizontal and vertical orientation and its seat back angle are the same as shown in Figure 6. S8.2.2 The child restraint system shall be attached to the representative aircraft passenger seat using, at the manufacturer's option, any Federal Aviation Administration approved aircraft safety belt, according to the restraint manufacturer's instructions for attaching the restraint to an aircraft seat. No supplementary anchorage belts or tether straps may be attached; however, Federal Aviation Administration approved safety belt extensions may be used. S8.2.3 In accordance with S10, place in the child restraint any dummy specified in S7 for testing systems for use by children of the heights and weights for which the system is recommended in accordance with S5.5 and S8.1. S8.2.4 If provided, shoulder and pelvic belts that directly restrain the dummy shall be adjusted in accordance with S6.1.2. S8.2.5 The combination of representative aircraft passenger seat, child restraint, and test dummy shall be rotated forward around a horizontal axis which is contained in the median transverse vertical plane of the seating surface portion of the aircraft seat and is located 25 mm below the bottom of the seat frame, at a speed of 35 to 45 degrees per second, to an angle of 180 degrees. The rotation shall be stopped when it reaches that angle and the seat shall be held in this position for three seconds. The child restraint shall not fall out of the aircraft safety belt nor shall the test dummy fall out of the child restraint at any time during the rotation or the three second period. The specified rate of rotation shall be attained in not less than one half second and not more than one second, and the rotating combination shall be brought to a stop in not less than one half second and not more than one second. S8.2.6 Repeat the procedures set forth in S8.2.1 through S8.2.4. The combination of the representative aircraft passenger seat, child restraint, and test dummy shall be rotated sideways around a horizontal axis which is contained in the median longitudinal vertical plane of the seating surface portion of the aircraft seat and is located 25 mm below the bottom of the seat frame, at a speed of 35 to 45 degrees per second, to an angle of 180 degrees. The rotation shall be stopped when it reaches that angle and the seat shall be held in this position for three seconds. The child restraint shall not fall out of the aircraft safety belt nor shall the test dummy fall out of the child restraint at any time during the rotation or the three second period. The specified rate of rotation shall be attained in not less than one half second and not more than one second, and the rotating combination shall be brought to a stop in not less than one half second and not more than one second. S9 Dummy clothing and preparation. S9.1 Type of clothing. (a) Newborn dummy. When used in testing under this standard, the dummy is unclothed. (b) [Reserved] (c) 12-month-old dummy (49 CFR part 572, subpart R). When used in testing under this standard, the dummy specified in 49 CFR part 572, subparts R, is clothed in a cotton-polyester based tight fitting sweat shirt with long sleeves and ankle long pants whose combined weight is not more than 0.25 kg. (d) Hybrid II three-year-old and Hybrid II six-year-old dummies (49 CFR part 572, subparts C and I). When used in testing under this standard, the dummies specified in 49 CFR part 572, subparts C and I, are clothed in thermal knit, waffle-weave polyester and cotton underwear or equivalent, a size 4 long-sleeved shirt (3-year-old dummy) or a size 5 [[Page 924]] long-sleeved shirt (6-year-old dummy) having a mass of 0.090 kg, a size 4 pair of long pants having a mass of 0.090 kg, and cut off just far enough above the knee to allow the knee target to be visible, and size 7M sneakers (3-year-old dummy) or size 12\1/2\M sneakers (6-year-old dummy) with rubber toe caps, uppers of dacron and cotton or nylon and a total mass of 0.453 kg. (e) Hybrid III 3-year-old dummy (49 CFR part 572, subpart P). When used in testing under this standard, the dummy specified in 49 CFR Part 572, Subpart P, is clothed as specified in that subpart, except that the shoes are children's size 8 canvas oxford style sneakers weighing not more than 0.26 kg each. (f) Hybrid III 6-year-old dummy (49 CFR part 572, subpart N) and Hybrid III 6-year-old weighted dummy (49 CFR part 572, subpart S), and Hybrid III 10-year-old dummy (49 CFR part 572, subpart T). When used in testing under this standard, the dummies specified in 49 CFR part 572, subparts N and S, are clothed as specified in subpart N and with child or youth size 13 M sneakers weighing not more than 0.45 kg each. When used in testing under this standard, the dummy specified in 49 CFR part 572, subpart T, is clothed as specified in subpart T and with youth size 3 sneakers weighing not more than 0.6 kg each. S9.2 Preparing clothing. Clothing other than the shoes is machined- washed in 71 [deg]C to 82 [deg]C and machine-dried at 49 [deg]C to 60 [deg]C for 30 minutes. S9.3 Preparing dummies. (Subparts referenced in this section are of Part 572 of this chapter.) S9.3.1 When using the test dummies conforming to part 572 C, I, or K, prepare the dummies as specified in this paragraph. Before being used in testing under this standard, dummies must be conditioned at any ambient temperature from 19 [deg] C to 25.5 [deg] C and at any relative humidity from 10 percent to 70 percent, for at least 4 hours. S9.3.2 When using the test dummies conforming to part 572 subparts N, P, R, S or T, prepare the dummies as specified in this paragraph. Before being used in testing under this standard, dummies must be conditioned at any ambient temperature from 20.6[deg] to 22.2[deg]C and at any relative humidity from 10 percent to 70 percent, for at least 4 hours. S10 Positioning the dummy and attaching the system belts. S10.1 Car beds. Place the test dummy in the car bed in the supine position with its midsagittal plane perpendicular to the center SORL of the standard seat assembly, in the case of an add-on car bed, or perpendicular to the longitudinal axis of the specific vehicle shell or the specific vehicle, in the case of a built-in car bed. Position the dummy within the car bed in accordance with the instructions for child positioning that the bed manufacturer provided with the bed in accordance with S5.6. S10.2 Restraints other than car beds. S10.2.1 Newborn dummy and 12-month-old dummy. Position the test dummy according to the instructions for child positioning that the manufacturer provided with the system under S5.6.1 or S5.6.2, while conforming to the following: (a) [Reserved] (b)(1) [Reserved] (2) When testing rear-facing child restraint systems, place the newborn, or 12-month-old dummy in the child restraint system so that the back of the dummy torso contacts the back support surface of the system. For a child restraint system which is equipped with a fixed or movable surface described in S5.2.2.2 which is being tested under the conditions of test configuration II, do not attach any of the child restraint belts unless they are an integral part of the fixed or movable surface. For all other child restraint systems and for a child restraint system with a fixed or movable surface which is being tested under the conditions of test configuration I, attach all appropriate child restraint belts and tighten them as specified in S6.1.2. Attach all appropriate vehicle belts and tighten them as specified in S6.1.2. Position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2. If the dummy's head does not remain in the proper position, tape it against the front of the seat back surface of the system by means of a single thickness of 6 mm-wide paper masking tape [[Page 925]] placed across the center of the dummy's face. (c)(1)(i) When testing forward-facing child restraint systems, extend the arms of the 12-month old test dummy as far as possible in the upward vertical direction. Extend the legs of the 12-month-old test dummy as far as possible in the forward horizontal direction, with the dummy feet perpendicular to the centerline of the lower legs. Using a flat square surface with an area of 2,580 square mm, apply a force of 178 N, perpendicular to: (A) The plane of the back of the standard seat assembly, in the case of an add-on system, or (B) The back of the vehicle seat in the specific vehicle shell or the specific vehicle, in the case of a built-in system, first against the dummy crotch and then at the dummy thorax in the midsagittal plane of the dummy. For a child restraint system with a fixed or movable surface described in S5.2.2.2, which is being tested under the conditions of test configuration II, do not attach any of the child restraint belts unless they are an integral part of the fixed or movable surface. For all other child restraint systems and for a child restraint system with a fixed or movable surface which is being tested under the conditions of test configuration I, attach all appropriate child restraint belts and tighten them as specified in S6.1.2. Attach all appropriate vehicle belts and tighten them as specified in S6.1.2. Position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2. (ii) After the steps specified in paragraph (c)(1)(i) of this section, rotate each dummy limb downwards in the plane parallel to the dummy's midsagittal plane until the limb contacts a surface of the child restraint system or the standard seat assembly, in the case of an add-on system, or the specific vehicle shell or specific vehicle, in the case of a built-in system, as appropriate. Position the limbs, if necessary, so that limb placement does not inhibit torso or head movement in tests conducted under S6. (2) When testing rear-facing child restraint systems, extend the dummy's arms vertically upwards and then rotate each arm downward toward the dummy's lower body until the arm contacts a surface of the child restraint system or the standard seat assembly in the case of an add-on child restraint system, or the specific vehicle shell or the specific vehicle, in the case of a built-in child restraint system. Ensure that no arm is restrained from movement in other than the downward direction, by any part of the system or the belts used to anchor the system to the standard seat assembly, the specific shell, or the specific vehicle. S10.2.2 Other dummies generally. When using: (1) the Hybrid III 3- year-old (part 572, subpart P), Hybrid II 6-year-old (part 572, subpart I), and Hybrid III weighted 6-year-old (part 572, subpart S) in child restraint systems including belt-positioning seats; (2) the Hybrid III 6-year-old (part 572, subpart N) and the Hybrid III 10-year-old (part 572, subpart T) in child restraint systems other than belt-positioning seats, position the dummy in accordance with S5.6.1 or S5.6.2, while conforming to the following: (a) Holding the test dummy torso upright until it contacts the system's design seating surface, place the test dummy in the seated position within the system with the midsagittal plane of the test dummy head-- (1) Coincident with the center SORL of the standard seating assembly, in the case of the add-on child restraint system, or (2) Vertical and parallel to the longitudinal center line of the specific vehicle, in the case of a built-in child restraint system. (b) Extend the arms of the test dummy as far as possible in the upward vertical direction. Extend the legs of the dummy as far as possible in the forward horizontal direction, with the dummy feet perpendicular to the center line of the lower legs. (c) Using a flat square surface with an area of 2580 square millimeters, apply a force of 178 N, perpendicular to: (1) The plane of the back of the standard seat assembly, in the case of an add-on system, or (2) The back of the vehicle seat in the specific vehicle shell or the specific vehicle, in the case of a built-in system, first against the dummy crotch and [[Page 926]] then at the dummy thorax in the midsagittal plane of the dummy. For a child restraint system with a fixed or movable surface described in S5.2.2.2, which is being tested under the conditions of test configuration II, do not attach any of the child restraint belts unless they are an integral part of the fixed or movable surface. For all other child restraint systems and for a child restraint system with a fixed or movable surface which is being tested under the conditions of test configuration I, attach all appropriate child restraint belts and tighten them as specified in S6.1.2. Attach all appropriate vehicle belts and tighten them as specified in S6.1.2. Position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2. (d) After the steps specified in paragraph (c) of this section, rotate each dummy limb downwards in the plane parallel to the dummy's midsagittal plane until the limb contacts a surface of the child restraint system or the standard seat assembly, in the case of an add-on system, or the specific vehicle shell or specific vehicle, in the case of a built-in system, as appropriate. Position the limbs, if necessary, so that limb placement does not inhibit torso or head movement in tests conducted under S6. S10.2.3 Hybrid III 6-year-old in belt-positioning seats and Hybrid III 10-year-old in belt-positioning seats. When using the Hybrid III 6- year-old (part 572, subpart N) or the Hybrid III 10-year-old (part 572, subpart T) in belt-positioning seats, position the dummy in accordance with S5.6.1 or S5.6.2, while conforming to the following: (a) Prepare the dummy. (1) When using the Hybrid III 10-year-old dummy, prepare the dummy according to the following: (i) Set the dummy's neck angle at the SP-16 setting (``SP'' means standard procedure), see Figure 14a. (ii) Set the dummy's lumbar angle at the SP-12 setting, see Figure 14b. This is done by aligning the notch on the lumbar adjustment bracket with the SP-12 notch on the lumbar attachment. (iii) Adjust the limb joints to 1-2 g while the torso is in the seated position. (iv) Apply double-sided tape to the surface of a lap shield, which is a piece of translucent silicone rubber 3 mm 0.5 mm thick (50A durometer) cut to the dimensions specified in Figure 13. Place the lap shield on the pelvis of the dummy. Align the top of the lap shield with the superior anterior edge of the pelvis skin. Attach the lap shield to the dummy. (v) Apply double-sided tape to one side of a pelvis positioning pad, which is a 125 x 95 x 20 mm (2 mm tolerance in each of the three dimensions) piece of closed cell (Type 2 according to ASTM D-1056-07) (incorporated by reference; see Sec. 571.5) foam or rubber cut from material having the following specifications: compression resistance between 9 to 17 psi in a compression-deflection test specified in ASTM D-1056-07 (incorporated by reference; see Sec. 571.5), and a density of 7 to 12.5 lb/ft\3\. Center the long axis of the pad on the posterior of the pelvis with the top edge of the foam aligned with the superior edge of the pelvis skin. Attach the pelvis positioning pad to the dummy. (vi) Dress and prepare the dummy according to S9. (2) When using the Hybrid III 6-year-old dummy, prepare the dummy according to the following: (i) If necessary, adjust the limb joints to 1-2 g while the torso is in the seated position. (ii) Apply double-sided tape to the surface of a lap shield, which is a piece of translucent silicone rubber 3 mm thick 0.5 mm thick (50A durometer) cut to the dimensions specified in Figure 13. Place the lap shield on the pelvis of the dummy. Align the top of the lap shield with the superior anterior edge of the pelvis skin. Attach the lap shield to the dummy. (iii) Dress and prepare the dummy according to S9. (b) Position the belt-positioning seat according to S6.1.2(a)(1)(ii). (c) Position the dummy in the belt-positioning seat. (1) Place the dummy on the seat cushion of the belt-positioning seat such that the plane of the posterior pelvis is parallel to the plane of the [[Page 927]] seat back of the belt-positioning seat, standard seat assembly or vehicle seat back, but not touching. Pick up and move the dummy rearward, maintaining the parallel planes, until the pelvis positioning pad, if used, or the pelvis or back of the dummy and the back of the belt-positioning seat or the back of the standard seat assembly, are in minimal contact. (2) Straighten and align the arm segments horizontally, then rotate the arms upward at the shoulder as far as possible without contacting the belt-positioning seat. Straighten and align the legs horizontally and extend the lower legs as far as possible in the forward horizontal direction, with the feet perpendicular to the centerline of the lower legs. (3) Using a flat square surface with an area of 2580 square millimeters, apply a force of 178 N (40 lb) first against the dummy crotch and then against the dummy thorax on the midsagittal plane of the dummy, perpendicular to: (i) The plane of the back of the belt-positioning seat, in the case of a belt-positioning seat with a back, or, (ii) The plane of the back of the standard seat assembly or vehicle seat, in the case of a backless belt-positioning seat or built-in booster. (4) Rotate the arms of the dummy down so that they are perpendicular to the torso. (5) Bend the knees until the back of the lower legs are in minimal contact with the belt-positioning seat, standard seat assembly or vehicle seat. Position the legs such that the outer edges of the knees are 180 10 mm apart for the Hybrid III 6-year-old dummy and 220 10 mm apart for the Hybrid III 10- year-old dummy. Position the feet such that the soles are perpendicular to the centerline of the lower legs. In the case of a belt-positioning seat with a back, adjust the dummy so that the shoulders are parallel to a line connecting the shoulder belt guides. This can be accomplished by leaning the torso such that the dummy's head and neck are centered on the backrest components of the belt-positioning seat. In case of a backless child restraint, adjust the dummy's torso so that the head is as close to laterally level as possible. (d) Apply the belt. Attach the vehicle belts and tighten them as specified in S6.1.2. (e) Dummy final positioning. (1) Check the leg, feet, thorax and head positions and make any necessary adjustments to achieve the positions described in S10.2.3(c)(5). Position the legs, if necessary, so that the leg placement does not inhibit thorax movement in tests conducted under S6. (2) Rotate each dummy arm downwards in the plane parallel to the dummy's midsagittal plane until the arm contacts a surface of the child restraint system or the standard seat assembly, in the case of an add-on system, or the specific vehicle shell or specific vehicle, in the case of a built-in system, as appropriate. Position the arms, if necessary, so that the arm placement does not inhibit torso or head movement in tests conducted under S6. [[Page 928]] [GRAPHIC] [TIFF OMITTED] TR18JN03.012 [[Page 929]] [GRAPHIC] [TIFF OMITTED] TR05MR99.001 [[Page 930]] [GRAPHIC] [TIFF OMITTED] TR31AU99.012 [[Page 931]] [GRAPHIC] [TIFF OMITTED] TR31AU99.013 [[Page 932]] [GRAPHIC] [TIFF OMITTED] TC01AU91.100 [[Page 933]] [GRAPHIC] [TIFF OMITTED] TC01AU91.101 [[Page 934]] [GRAPHIC] [TIFF OMITTED] TR18JN03.013 [[Page 935]] [GRAPHIC] [TIFF OMITTED] TC01AU91.102 [[Page 936]] [GRAPHIC] [TIFF OMITTED] TC01AU91.103 [[Page 937]] [GRAPHIC] [TIFF OMITTED] TC01AU91.104 [[Page 938]] [GRAPHIC] [TIFF OMITTED] TC01AU91.105 [[Page 939]] [GRAPHIC] [TIFF OMITTED] TC01AU91.106 [[Page 940]] [GRAPHIC] [TIFF OMITTED] TC01AU91.107 [[Page 941]] [GRAPHIC] [TIFF OMITTED] TR09SE05.000 [[Page 942]] [GRAPHIC] [TIFF OMITTED] TR09SE05.001 [[Page 943]] [GRAPHIC] [TIFF OMITTED] TR27NO96.014 [[Page 944]] [GRAPHIC] [TIFF OMITTED] TR05MR99.004 [[Page 945]] [GRAPHIC] [TIFF OMITTED] TR09MR04.023 [GRAPHIC] [TIFF OMITTED] TR27FE12.001 [[Page 946]] [GRAPHIC] [TIFF OMITTED] TR27FE12.002 [44 FR 72147, Dec. 13, 1979] Editorial Note: For Federal Register citations affecting Sec. 571.213, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.213a Standard No. 213a; Child restraint systems-- side impact protection. S1. Scope. This standard specifies side impact protection requirements for child restraint systems recommended for children in a weight range that includes weights up to 18 kilograms (40 pounds) or by children in a height range that includes heights up to 1100 millimeters (43 inches). S2. Purpose. The purpose of this standard is to reduce the number of children killed or injured in motor vehicle side impacts. Each child restraint system subject to this standard shall also meet all applicable requirements in FMVSS No. 213 (Sec. 571.213). [[Page 947]] S3. Application. This standard applies to add-on child restraint systems that are either recommended for use by children in a weight range that includes weights up to 18 kilograms (40 pounds) regardless of height, or by children in a height range that includes heights up to 1100 millimeters regardless of weight, except for car beds and harnesses. S4. Definitions. Add-on child restraint system means any portable child restraint system. Belt-positioning seat means a child restraint system that positions a child on a vehicle seat to improve the fit of a vehicle Type II belt system on the child and that lacks any component, such as a belt system or a structural element, designed to restrain forward movement of the child's torso in a forward impact. Car bed means a child restraint system designed to restrain or position a child in the supine or prone position on a continuous flat surface. Child restraint anchorage system is defined in S3 of FMVSS No. 225 (Sec. 571.225). Child restraint system is defined in S4 of FMVSS No. 213 (Sec. 571.213). Contactable surface means any child restraint system surface (other than that of a belt, belt buckle, or belt adjustment hardware) that may contact any part of the head or torso of the appropriate test dummy, specified in S7, when a child restraint system is tested in accordance with S6.1. Harness means a combination pelvic and upper torso child restraint system that consists primarily of flexible material, such as straps, webbing or similar material, and that does not include a rigid seating structure for the child. Rear-facing child restraint system means a child restraint system that positions a child to face in the direction opposite to the normal (forward) direction of travel of the motor vehicle. Seat orientation reference line or SORL means the horizontal line through Point Z as illustrated in Figure 1 to Sec. 571.213a. Tether anchorage is defined in S3 of FMVSS No. 225 (Sec. 571.225). Tether strap is defined in S3 of FMVSS No. 225 (Sec. 571.225). Torso means the portion of the body of a seated anthropomorphic test dummy, excluding the thighs, that lies between the top of the child restraint system seating surface and the top of the shoulders of the test dummy. S5. Requirements. (a) Each child restraint system subject to this section shall meet the requirements in this section when, as specified, tested in accordance with S6 and this paragraph. Each child restraint system shall meet the requirements when oriented in each direction recommended by the manufacturer (i.e., forward, rearward), using any of the seat back angle adjustment positions and restraint belt routing positions designated for that direction, pursuant to S5.6 of FMVSS No. 213 (Sec. 571.213), and tested with the test dummy specified in S7 of this section. (b) Each child restraint system subject to this section shall also meet all applicable requirements in FMVSS No. 213 (Sec. 571.213). S5.1 Dynamic performance. S5.1.1 Child restraint system integrity. When tested in accordance with S6.1, each child restraint system shall meet the requirements of paragraphs (a) through (c) of this section. (a) With any padding or other flexible overlay material removed, exhibit no complete separation of any load bearing structural element and no partial separation exposing either surfaces with a radius of less than 6 millimeters or surfaces with protrusions greater than 9 millimeters above the immediate adjacent surrounding contactable surface of any structural element of the child restraint system. (b)(1) If adjustable to different positions, remain in the same adjustment position during the testing that it was in immediately before the testing, except as otherwise specified in paragraph (b)(2). (2)(i) Subject to paragraph (b)(2)(ii), a rear-facing child restraint system may have a means for repositioning the seating surface of the system that allows the system's occupant to move from a reclined position to an upright position and back to a reclined position during testing. (ii) No opening that is exposed and is larger than 6 millimeters before the testing shall become smaller during the testing as a result of the movement [[Page 948]] of the seating surface relative to the child restraint system as a whole. (c) If a front facing child restraint system, not allow the angle between the system's back support surfaces for the child and the system's seating surface to be less than 45 degrees at the completion of the test. S5.1.2 Injury criteria. When tested in accordance with S6.1 and with the test dummy specified in S7, each child restraint system that, in accordance with S5.5.2 of Standard No. 213 (Sec. 571.213), is recommended for use by children whose mass is more than 13.6 kilograms or whose height is more than 870 mm shall-- (a) Limit the resultant acceleration at the location of the accelerometer mounted in the test dummy head as specified in Part 572 such that, for any two points in time, t1 and t2, during the event which are separated by not more than a 15 millisecond time interval and where t1 is less than t2, the maximum calculated head injury criterion (HIC) shall not exceed 570, determined using the resultant head acceleration at the center of gravity of the dummy head, ar, expressed as a multiple of g (the acceleration of gravity), calculated using the expression: [GRAPHIC] [TIFF OMITTED] TR30JN22.017 (b) The maximum chest compression (or deflection) from the output of the thoracic InfraRed Telescoping Rod for Assessment of Chest Compression (IR-TRACC) shall not exceed 23 millimeters. S5.1.3 Occupant containment. When tested in accordance with S6.1 and the requirements specified in this section, each child restraint system recommended for use by children in a specified mass range that includes any children having a mass greater than 5 kilograms but not greater than 13.6 kilograms (30 lb), shall retain the test dummy's head such that there is no direct contact of the head to any part of the side impact seat assembly described in S6.1.1(a). S5.1.4 Protrusion limitation. Any portion of a rigid structural component within or underlying a contactable surface shall, with any padding or other flexible overlay material removed, have a height above any immediately adjacent restraint system surface of not more than 9 millimeters and no exposed edge with a radius of less than 6 millimeters. S5.1.5 Belt buckle release. Any buckle in a child restraint system belt assembly designed to restrain a child using the system shall: (a) When tested in accordance with the appropriate sections of S6.2, after the dynamic test of S6.1, release when a force of not more than 71 Newtons is applied. (b) Not release during the testing specified in S6.1. S5.1.6 Installation. Each add-on child restraint system shall be capable of meeting the requirements of this standard when installed solely by each of the means indicated in the following table: [[Page 949]] Table 1 to S5.1.6 -------------------------------------------------------------------------------------------------------------------------------------------------------- Means of installation ------------------------------------------------------------------------------------------- Lower anchorages of Type of add-on child restraint system Type II seat belt Lower anchorages of the child restraint Type II seat belt assembly plus a the child restraint anchorage system assembly tether if needed anchorage system plus a tether if needed -------------------------------------------------------------------------------------------------------------------------------------------------------- Rear-facing restraints...................................... X ..................... X Forward-facing restraints................................... ..................... X ..................... X -------------------------------------------------------------------------------------------------------------------------------------------------------- S6. Test conditions and procedures. S6.1 Dynamic side impact test for child restraint systems. The test conditions and test procedure for the dynamic side impact test are specified in S6.1.1 and S6.1.2, respectively. S6.1.1 Test conditions. (a) Test device. (1) The test device is a side impact seat assembly (SISA) consisting of a sliding seat, with one seating position, and a simulated door assembly as described in ``NHTSA Standard Seat Assembly; FMVSS No. 213a--Side impact No. NHTSA-213a-2021'' (incorporated by reference, see Sec. 571.5). The simulated door assembly is rigidly attached to the floor of the SISA and the sliding seat is mounted on rails to allow it to move relative to the floor of the SISA in the direction perpendicular to the SORL. The SISA is mounted on a dynamic test platform so that the SORL of the seat is 10 0.1 degrees from the perpendicular direction of the test platform travel. (2) As illustrated in the SISA drawing package, attached to the seat belt anchorage points provided on the SISA is a Type II seat belt assembly. These seat belt assemblies are certified to meet the requirements of Standard No. 209 (Sec. 571.209) and have webbing with a width of not more than 2 inches, and are attached to the anchorage points without the use of retractors or reels of any kind. As illustrated in the SISA drawing package, attached to the SISA is a child restraint anchorage system conforming to the specifications of Standard No. 225 (Sec. 571.225). (b) Accelerate the test platform to achieve a relative velocity of 31.3 0.64 km/h in the direction perpendicular to the SORL between the SISA sliding seat and the door assembly at the time they come in contact (time = T0). The front face of the armrest on the door is 38 6 millimeters from the edge of the seat towards the SORL at time = T0. The test platform velocity in the direction perpendicular to the SORL during the time of interaction of the door with the child restraint system is no lower than 2.5 km/h less than its velocity at time = T0. (c) The sliding seat acceleration perpendicular to the SORL is any pulse within the acceleration corridor shown in Figure 3 and the change in relative velocity perpendicular to the SORL between the SISA sliding seat and the door assembly is any velocity within the relative velocity corridor shown in Figure 4. (d) Performance tests under S6.1 are conducted at any ambient temperature from 20.6 [deg]C to 22.2 [deg]C and at any relative humidity from 10 percent to 70 percent. (e) The child restraint shall meet the requirements of S5 when oriented in each direction recommended by the manufacturer (i.e., forward, rearward), using any of the seat back angle adjustment positions and restraint belt routing positions designated for that direction, pursuant to S5.6 of FMVSS No. 213 (Sec. 571.213), and tested with the test dummy specified in S7 of this section. S6.1.2 Dynamic test procedure. (a) The child restraint centerline is positioned 300 2 millimeters from the SISA sliding seat edge (impact side). The child restraint system is attached in any of the following manners, at NHTSA's option. (1) Install the child restraint system using the child restraint anchorage system in accordance with the manufacturer's instructions provided with the child restraint system pursuant to S5.6 of Standard No. 213 (Sec. 571.213), except as provided in this paragraph. For forward-facing restraints, attach the tether strap, if provided, to the tether [[Page 950]] anchorage on the SISA. No supplemental device is used to install the child restraint system. Tighten belt systems of the lower anchorage attachments used to attach the restraint to the SISA sliding seat to any tension of not less than 53.5 Newtons and not more than 67 Newtons. Tighten the belt of the top tether attachment used to attach the restraint to the SISA sliding seat to any tension of not less than 45 Newtons and not more than 53.5 Newtons. (2) For forward-facing and rear-facing child restraint systems, install the child restraint system using the Type II belt system in accordance with the manufacturer's instructions provided with the child restraint system pursuant to S5.6 of Standard No. 213 (Sec. 571.213), except as provided in this paragraph. For forward-facing restraints, attach the top tether strap, if provided, to the top tether anchorage on the SISA. For all child restraints, no supplemental device to install the child restraint system is used. Tighten the Type II belt used to attach the restraint to the SISA sliding seat to any tension of not less than 53.5 Newtons and not more than 67 Newtons. Tighten the belt of the top tether attachment used to attach the forward-facing restraint to the SISA sliding seat to any tension of not less than 45 Newtons and not more than 53.5 Newtons. Rear-facing infant carriers with a detachable base shall only be tested using the base. (3) For rear-facing restraints, install the child restraint system using only the lower anchorages of the child restraint anchorage system in accordance with the manufacturer's instructions provided with the child restraint system pursuant to S5.6 of Standard No. 213 (Sec. 571.213). No tether strap is used. No supplemental device is used to install the child restraint system. Tighten belt systems used to attach the restraint to the SISA-sliding seat to any tension of not less than 53.5 Newtons and not more than 67 Newtons. Rear-facing infant carriers with a detachable base shall only be tested using the base. (b) Select any dummy specified in S7 for testing child restraint systems for use by children of the heights or weights for which the system is recommended in accordance with S5.5 of Standard No. 213 (Sec. 571.213). The dummy is assembled, clothed and prepared as specified in S8 and part 572 of this chapter, as appropriate. (c) The dummy is placed and positioned in the child restraint system as specified in S9. Attach the child restraint belts used to restrain the child within the system, if appropriate, as specified in S9. (d) Shoulder and pelvic belts that directly restrain the dummy are adjusted as follows: Tighten the belt system used to restrain the child within the child restraint system to any tension of not less than 9 Newtons and not more than 18 Newtons on the webbing at the top of each dummy shoulder and the pelvic region. Tighten the belt systems used to attach the restraint to the SISA sliding seat to any tension of not less than 53.5 Newtons and not more than 67 Newtons. (e) Accelerate the test platform in accordance with S6.1.1(b). (f) All instrumentation and data reduction is in conformance with SAE J211/1 (1995) (incorporated by reference, see Sec. 571.5). S6.2 Buckle release test procedure. (a) After completion of the testing specified in S6.1 and before the buckle is unlatched, tie a self-adjusting sling to each wrist and ankle of the test dummy in the manner illustrated in Figure 4 to Standard No. 213 (Sec. 571.213), without disturbing the belted dummy and the child restraint system. (b) Pull the sling that is tied to the dummy restrained in the child restraint system and apply the following force: 90 Newtons for a system tested with a 12-month-old dummy; 200 Newtons for a system tested with a 3-year-old dummy. For an add-on child restraint, the force is applied in the manner illustrated in Figure 4 to Standard No. 213 (Sec. 571.213) and by pulling the sling horizontally and parallel to the SORL of the SISA. (c) While applying the force specified in S6.2(b), and using the device shown in Figure 8 of Standard No. 213 (Sec. 571.213) for pushbutton-release buckles, apply the release force in the manner and location specified in S6.2.1 of Standard No. 213 (Sec. 571.213), for that [[Page 951]] type of buckle. Measure the force required to release the buckle. S7 Test dummies. S7.1 Dummy selection. At NHTSA's option, any dummy specified in S7.1(a) or S7.1(b) may be selected for testing child restraint systems for use by children of the height or mass for which the system is recommended in accordance with S5.5 of Standard No. 213 (Sec. 571.213). A child restraint that meets the criteria in two or more of the following paragraphs may be tested with any of the test dummies specified in those paragraphs. (a) A child restraint that is recommended by its manufacturer in accordance with S5.5 of Standard No. 213 (Sec. 571.213) for use either by children in a specified mass range that includes any children having a mass greater than 5 kilograms but not greater than 13.6 kilograms, or by children in a specified height range that includes any children whose height is greater than 650 millimeters but not greater than 870 millimeters, is tested with a CRABI 12-month-old test dummy conforming to 49 CFR part 572 subpart R. (b) A child restraint that is recommended by its manufacturer in accordance with S5.5 of Standard No. 213 (Sec. 571.213) for use either by children in a specified mass range that includes any children having a mass greater than 13.6 kilograms but not greater than 18 kilograms, or by children in a specified height range that includes any children whose height is greater than 870 millimeters but not greater than 1100 millimeters, is tested with a 3-year-old test dummy (Q3s) conforming to 49 CFR part 572 subpart W. S8 Dummy clothing and preparation. S8.1 Type of clothing. (a) 12-month-old dummy (CRABI) (49 CFR part 572, subpart R). When used in testing under this standard, the dummy specified in 49 CFR part 572, subpart R, is clothed in a cotton-polyester based tight fitting sweat shirt with long sleeves and ankle long pants whose combined weight is not more than 0.25 kilograms. (b) 3-year-old side impact dummy (Q3s) (49 CFR part 572, subpart W). When used in testing under this standard, the dummy specified in 49 CFR part 572, subpart W, is clothed as specified in that subpart, except without shoes. S8.2 Preparing dummies. When using the Q3s dummy, install the IR- TRACC on the test impact side according to 49 CFR part 572, subpart W. Before being used in testing under this standard, test dummies must be conditioned at any ambient temperature from 20.6[deg] to 22.2 [deg]C and at any relative humidity from 10 percent to 70 percent, for at least 4 hours. S9 Positioning the dummy and attaching the belts used to restrain the child within the child restraint system and/or to attach the system to the SISA sliding seat. S9.1 12-month-old dummy (CRABI) (49 CFR part 572, subpart R). Position the test dummy according to the instructions for child positioning that the manufacturer provided with the child restraint system under S5.6.1 or S5.6.2 of Standard No. 213 (Sec. 571.213), while conforming to the following: (a) When testing rear-facing child restraint systems, place the 12- month-old dummy in the child restraint system so that the back of the dummy torso contacts the back support surface of the system. Attach all appropriate child restraint belts used to restrain the child within the child restraint system and tighten them as specified in S6.1.2 of this standard. Attach all appropriate belts used to attach the child restraint system to the SISA sliding seat and tighten them as specified in S6.1.2. (b) When testing forward-facing child restraint systems, extend the dummy's arms vertically upwards and then rotate each arm downward toward the dummy's lower body until the arm contacts a surface of the child restraint system or the SISA. Ensure that no arm is restrained from movement in other than the downward direction, by any part of the system or the belts used to anchor the system to the SISA sliding seat. (c) When testing forward-facing child restraint systems, extend the arms of the 12-month-old test dummy as far as possible in the upward vertical direction. Extend the legs of the test dummy as far as possible in the forward horizontal direction, with the dummy feet perpendicular to the centerline of the lower legs. Using a flat square surface with an area of 2,580 [[Page 952]] square mm, apply a force of 178 Newtons, perpendicular to the plane of the back of the standard seat assembly, first against the dummy crotch and then at the dummy thorax in the midsagittal plane of the dummy. Attach all appropriate child restraint belts used to restrain the child within the child restraint system and tighten them as specified in S6.1.2(d). Attach all appropriate belts used to attach the child restraint system (per S5.1.6) to the SISA sliding seat and tighten them as specified in S6.1.2. (d) After the steps specified in paragraph (c), rotate each dummy limb downwards in the plane parallel to the dummy's midsagittal plane until the limb contacts a surface of the child restraint system or the standard seat assembly. Position the limbs, if necessary, so that limb placement does not inhibit torso or head movement in tests conducted under S6. S9.2 3-year-old side impact dummy (Q3s) (49 CFR part 572, subpart W) in forward-facing child restraints. Position the test dummy according to the instructions for child positioning that the restraint manufacturer provided with the child restraint system in accordance with S5.6.1 or S5.6.2 of Standard No. 213 (Sec. 571.213), while conforming to the following: (a) Holding the test dummy torso upright until it contacts the child restraint system's design seating surface, place the test dummy in the seated position within the child restraint system with the midsagittal plane of the test dummy head coincident with the center of the child restraint system. (b) Extend the arms of the test dummy as far as possible in the upward vertical direction. Extend the legs of the dummy as far as possible in the forward horizontal direction, with the dummy feet perpendicular to the center line of the lower legs. (c) For a child restraint system with a fixed or movable surface, position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2 of Standard No. 213 (Sec. 571.213). For forward-facing restraints, attach all appropriate child restraint belts used to restrain the child within the child restraint system and tighten them as specified in S6.1.2(d). Attach all appropriate belts or lower anchorage attachments used to attach the child restraint system to the SISA or to restrain the child and tighten them as specified in S6.1.2. For belt-positioning seats, attach all appropriate vehicle belts used to restrain the child within the child restraint system and tighten them as specified in S6.1.2(d). (d) After the steps specified in paragraph (c) of this section, rotate each of the dummy's legs downwards in the plane parallel to the dummy's midsagittal plane until the limb contacts a surface of the child restraint or the SISA. Rotate each of the dummy's arms downwards in the plane parallel to the dummy's midsagittal plane until the arm is engaged on the detent that positions the arm at a 25 degree angle with respect to the thorax. S9.3 3-year-old side impact dummy (Q3s) (49 CFR part 572, subpart W) in rear-facing child restraints. Position the test dummy according to the instructions for child positioning that the restraint manufacturer provided with the child restraint system in accordance with S5.6.1 or S5.6.2 of Standard No. 213 (Sec. 571.213), while conforming to the following: (a) Extend the arms of the test dummy as far as possible in the upward vertical direction. Extend the legs of the dummy as far as possible in the forward horizontal direction, with the dummy feet perpendicular to the center line of the lower legs. (b) Place the Q3s dummy in the child restraint system so that the back of the dummy torso contacts the back support surface of the system. Place the test dummy in the child restraint system with the midsagittal plane of the test dummy head coincident with the center of the child restraint system. Rotate each of the dummy's legs downwards in the plane parallel to the dummy's midsagittal plane until the leg or feet of the dummy contacts the seat back of the SISA or a surface of the child restraint system. (c) For a child restraint system with a fixed or movable surface, position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2 of Standard No. 213 (Sec. 571.213). Attach [[Page 953]] all appropriate child restraint belts used to restrain a child within the child restraint system and tighten them as specified in S6.1.2(d). Attach all appropriate belts or lower anchorage attachments used to attach the child restraint system to the SISA and tighten them as specified in S6.1.2. (d) After the steps specified in paragraph (c) of this section, rotate each dummy arm downwards in the plane parallel to the dummy's midsagittal plane until the limb is positioned at a 25-degree angle with respect to the thorax. [GRAPHIC] [TIFF OMITTED] TR30JN22.018 [GRAPHIC] [TIFF OMITTED] TR30JN22.019 [[Page 954]] [GRAPHIC] [TIFF OMITTED] TR30JN22.020 [GRAPHIC] [TIFF OMITTED] TR30JN22.021 [[Page 955]] [GRAPHIC] [TIFF OMITTED] TR30JN22.022 [[Page 956]] [GRAPHIC] [TIFF OMITTED] TR30JN22.023 [GRAPHIC] [TIFF OMITTED] TR30JN22.024 [[Page 957]] [GRAPHIC] [TIFF OMITTED] TR30JN22.025 [GRAPHIC] [TIFF OMITTED] TR30JN22.026 [87 FR 39310, June 30, 2022] Sec. 571.214 Standard No. 214; Side impact protection. S1 Scope and purpose. (a) Scope. This standard specifies performance requirements for protection of occupants in side impacts. (b) Purpose. The purpose of this standard is to reduce the risk of serious and fatal injury to occupants of passenger cars, multipurpose passenger vehicles, trucks and buses in side impacts by specifying strength requirements for side doors, limiting the forces, deflections and accelerations measured on anthropomorphic dummies in test crashes, and by other means. S2 Applicability. This standard applies to passenger cars, and to multipurpose passenger vehicles, trucks designed to carry at least one person and buses with a gross vehicle weight rating (GVWR) of 4,536 kilograms (kg) (10,000 pounds (lb)) or less, except for walk-in vans, or otherwise specified. S3 Definitions. Contoured means, with respect to a door, that the lower portion of its front or rear edge is curved upward, typically to conform to a wheel well. Double side doors means a pair of hinged doors with the lock and latch mechanisms located where the door lips overlap. Limited line manufacturer means a manufacturer that sells three or fewer carlines, as that term is defined in 49 CFR 583.4, in the United States during a production year. Lowered floor means the replacement floor on a motor vehicle whose original floor has been removed, in part or in total, and replaced by a floor that is lower than the original floor. Modified roof means the replacement roof on a motor vehicle whose original roof has been removed, in part or in total. [[Page 958]] Raised roof is used as defined in paragraph S4 of 49 CFR 571.216. Walk-in van means a special cargo/mail delivery vehicle that has only one designated seating position. That designated seating position must be forward facing and for use only by the driver. The vehicle usually has a thin and light sliding (or folding) side door for easy operation and a high roof clearance that a person of medium stature can enter the passenger compartment area in an up-right position. S4 Requirements. Subject to the exceptions of S5-- (a) Passenger cars. Passenger cars must meet the requirements set forth in S6 (door crush resistance), S7 (moving deformable barrier test), and S9 (vehicle-to-pole test), subject to the phased-in application of S7 and S9. (b) Multipurpose passenger vehicles, trucks and buses with a GVWR of 2,722 kg or less (6,000 lb or less). Multipurpose passenger vehicles, trucks and buses with a GVWR of 2,722 kg or less (6,000 lb or less) must meet the requirements set forth in S6 (door crush resistance), S7 (moving deformable barrier test), and S9 (vehicle-to-pole test), subject to the phased-in application of S7 and S9. (c) Multipurpose passenger vehicles, trucks and buses with a GVWR greater than 2,722 kg (6,000 lb). Multipurpose passenger vehicles, trucks and buses with a GVWR greater than 2,722 kg (6,000 lb) must meet the requirements set forth in S6 (door crush resistance) and S9 (vehicle-to-pole test), subject to the phased-in application of S9. S5 General exclusions. (a) Exclusions from S6 (door crush resistance). A vehicle need not meet the requirements of S6 (door crush resistance) for-- (1) Any side door located so that no point on a ten-inch horizontal longitudinal line passing through and bisected by the H-point of a manikin placed in any seat, with the seat adjusted to any position and the seat back adjusted as specified in S8.3, falls within the transverse, horizontal projection of the door's opening, (2) Any side door located so that no point on a ten-inch horizontal longitudinal line passing through and bisected by the H-point of a manikin placed in any seat recommended by the manufacturer for installation in a location for which seat anchorage hardware is provided, with the seat adjusted to any position and the seat back adjusted as specified in S8.3, falls within the transverse, horizontal projection of the door's opening, (3) Any side door located so that a portion of a seat, with the seat adjusted to any position and the seat back adjusted as specified in S8.3, falls within the transverse, horizontal projection of the door's opening, but a longitudinal vertical plane tangent to the outboard side of the seat cushion is more than 254 mm (10 inches) from the innermost point on the inside surface of the door at a height between the H-point and shoulder reference point (as shown in Figure 1 of Federal Motor Vehicle Safety Standard No. 210 (49 CFR 571.210)) and longitudinally between the front edge of the cushion with the seat adjusted to its forwardmost position and the rear edge of the cushion with the seat adjusted to its rearmost position. (4) Any side door that is designed to be easily attached to or removed (e.g., using simple hand tools such as pliers and/or a screwdriver) from a motor vehicle manufactured for operation without doors. (b) Exclusions from S7 (moving deformable barrier test). The following vehicles are excluded from S7 (moving deformable barrier test): (1) Motor homes, ambulances and other emergency rescue/medical vehicles (including vehicles with fire-fighting equipment), vehicles equipped with wheelchair lifts, and vehicles which have no doors or exclusively have doors that are designed to be easily attached or removed so the vehicle can be operated without doors. (2) Passenger cars with a wheelbase greater than 130 inches need not meet the requirements of S7 as applied to the rear seat. (3) Passenger cars, multipurpose passenger vehicles, trucks and buses need not meet the requirements of S7 (moving deformable barrier test) as applied to the rear seat for side-facing rear seats and for rear seating areas that are so small that a Part 572 Subpart V dummy representing a 5th percentile adult female cannot be accommodated [[Page 959]] according to the positioning procedure specified in S12.3.4 of this standard. Vehicles that are manufactured before September 1, 2010, and vehicles that manufactured on or after September 1, 2010, that are not part of the percentage of a manufacturer's production meeting the moving deformable barrier test requirements with advanced test dummies (S7.2 of this section) or are otherwise excluded from the phase-in requirements of S7.2, need not meet the requirements of the moving deformable barrier test as applied to the rear seat for rear seating areas that are so small that a Subpart F dummy (SID) cannot be accommodated according to the positioning procedure specified in S12.1 of this standard. (4) Multipurpose passenger vehicles, trucks and buses with a GVWR of more than 2,722 kg (6,000 lb) need not meet the requirements of S7 (moving deformable barrier test). (c) Exclusions from S9 (vehicle-to-pole test). The following vehicles are excluded from S9 (vehicle-to-pole test) (wholly or in limited part, as set forth below): (1) Motor homes; (2) Ambulances and other emergency rescue/medical vehicles (including vehicles with fire-fighting equipment) except police cars; (3) Vehicles with a lowered floor or raised or modified roof and vehicles that have had the original roof rails removed and not replaced; (4) Vehicles in which the seat for the driver or any front outboard passenger has been removed and wheelchair restraints installed in place of the seat are excluded from meeting the vehicle-to-pole test at that position; and (5) Vehicles that have no doors, or exclusively have doors that are designed to be easily attached or removed so that the vehicle can be operated without doors. S6 Door Crush Resistance Requirements. Except as provided in section S5, each vehicle shall be able to meet the requirements of either, at the manufacturer's option, S6.1 or S6.2, when any of its side doors that can be used for occupant egress is tested according to procedures described in S6.3 of this standard (49 CFR 571.214). S6.1 With any seats that may affect load upon or deflection of the side of the vehicle removed from the vehicle, each vehicle must be able to meet the requirements of S6.1.1 through S6.1.3. S6.1.1 Initial crush resistance. The initial crush resistance shall not be less than 10,000 N (2,250 lb). S6.1.2 Intermediate crush resistance. The intermediate crush resistance shall not be less than 15,569 N (3,500 lb). S6.1.3 Peak crush resistance. The peak crush resistance shall not be less than two times the curb weight of the vehicle or 31,138 N (7,000 lb), whichever is less. S6.2 With seats installed in the vehicle, and located in any horizontal or vertical position to which they can be adjusted and at any seat back angle to which they can be adjusted, each vehicle must be able to meet the requirements of S6.2.1 through S6.2.3. S6.2.1 Initial crush resistance. The initial crush resistance shall not be less than 10,000 N (2,250 lb). S6.2.2 Intermediate crush resistance. The intermediate crush resistance shall not be less than 19,460 N (4,375 lb). S6.2.3 Peak crush resistance. The peak crush resistance shall not be less than three and one half times the curb weight of the vehicle or 53,378 N (12,000 lb), whichever is less. S6.3 Test procedures for door crush resistance. The following procedures apply to determining compliance with S6.1 and S6.2 of S6, Door crush resistance requirements. (a) Place side windows in their uppermost position and all doors in locked position. Place the sill of the side of the vehicle opposite to the side being tested against a rigid unyielding vertical surface. Fix the vehicle rigidly in position by means of tiedown attachments located at or forward of the front wheel centerline and at or rearward of the rear wheel centerline. (b) Prepare a loading device consisting of a rigid steel cylinder or semi-cylinder 305 mm (12 inches) in diameter with an edge radius of 13 mm (\1/2\ inch). The length of the loading device shall be such that-- (1) For doors with windows, the top surface of the loading device is at least [[Page 960]] 13 mm (\1/2\ inch) above the bottom edge of the door window opening but not of a length that will cause contact with any structure above the bottom edge of the door window opening during the test. (2) For doors without windows, the top surface of the loading device is at the same height above the ground as when the loading device is positioned in accordance with paragraph (b)(1) of this section for purposes of testing a front door with windows on the same vehicle. (c) Locate the loading device as shown in Figure 1 (side view) of this section so that-- (1) Its longitudinal axis is vertical. (2) Except as provided in paragraphs (c)(2)(i) and (ii) of this section, its longitudinal axis is laterally opposite the midpoint of a horizontal line drawn across the outer surface of the door 127 mm (5 inches) above the lowest point of the door, exclusive of any decorative or protective molding that is not permanently affixed to the door panel. (i) For contoured doors on trucks, buses, and multipurpose passenger vehicles with a GVWR of 4,536 kg (10,000 lb) or less, if the length of the horizontal line specified in this paragraph (c)(2) is not equal to or greater than 559 mm (22 inches), the line is moved vertically up the side of the door to the point at which the line is 559 mm (22 inches) long. The longitudinal axis of the loading device is then located laterally opposite the midpoint of that line. (ii) For double side doors on trucks, buses, and multipurpose passenger vehicles with a GVWR of 4,536 kg (10,000 lb) or less, its longitudinal axis is laterally opposite the midpoint of a horizontal line drawn across the outer surface of the double door span, 127 mm (5 inches) above the lowest point on the doors, exclusive of any decorative or protective molding that is not permanently affixed to the door panel. (3) Except as provided in paragraphs (c)(3)(i) and (ii) of this section, its bottom surface is in the same horizontal plane as the horizontal line drawn across the outer surface of the door 127 mm (5 inches) above the lowest point of the door, exclusive of any decorative or protective molding that is not permanently affixed to the door panel. (i) For contoured doors on trucks, buses, and multipurpose passenger vehicles with a GVWR of 4,536 kg (10,000 lb) or less, its bottom surface is in the lowest horizontal plane such that every point on the lateral projection of the bottom surface of the device on the door is at least 127 mm (5 inches), horizontally and vertically, from any edge of the door panel, exclusive of any decorative or protective molding that is not permanently affixed to the door panel. (ii) For double side doors, its bottom surface is in the same horizontal plane as a horizontal line drawn across the outer surface of the double door span, 127 mm (5 inches) above the lowest point of the doors, exclusive of any decorative or protective molding that is not permanently affixed to the door panel. (d) Using the loading device, apply a load to the outer surface of the door in an inboard direction normal to a vertical plane along the vehicle's longitudinal centerline. Apply the load continuously such that the loading device travel rate does not exceed 12.7 mm (0.5 inch) per second until the loading device travels 457 mm (18 inches). Guide the loading device to prevent it from being rotated or displaced from its direction of travel. The test is completed within 120 seconds. (e) Record applied load versus displacement of the loading device, either continuously or in increments of not more than 25.4 mm (1 inch) or 91 kg (200 pounds) for the entire crush distance of 457 mm (18 inches). (f) Determine the initial crush resistance, intermediate crush resistance, and peak crush resistance as follows: (1) From the results recorded in paragraph (e) of this section, plot a curve of load versus displacement and obtain the integral of the applied load with respect to the crush distances specified in paragraphs (f)(2) and (3) of this section. These quantities, expressed in mm-kN (inch-pounds) and divided by the specified crush distances, represent the average forces in kN (pounds) required to deflect the door those distances. [[Page 961]] (2) The initial crush resistance is the average force required to deform the door over the initial 152 mm (6 inches) of crush. (3) The intermediate crush resistance is the average force required to deform the door over the initial 305 mm (12 inches) of crush. (4) The peak crush resistance is the largest force recorded over the entire 457 mm (18-inch) crush distance. [GRAPHIC] [TIFF OMITTED] TR11SE07.000 S7 Moving Deformable Barrier (MDB) Requirements. Except as provided in section S5, when tested under the conditions of S8 each vehicle shall meet S7.3 and the following requirements in a 53 1.0 km/h (33.5 mph) impact in which the vehicle is struck on either side by a moving deformable barrier. S7.1 MDB test with SID. For vehicles manufactured before September 1, 2010, the following requirements must be met. The following requirements also apply to vehicles manufactured on or after September 1, 2010 that are not part of the percentage of a manufacturer's production meeting the MDB test with advanced test dummies (S7.2 of this section) or are otherwise excluded from the phase-in requirements of S7.2. (Vehicles manufactured before September 1, 2010 may meet S7.2, at the manufacturer's option.) S7.1.1 The test dummy specified in 49 CFR Part 572 Subpart F (SID) is [[Page 962]] placed in the front and rear outboard seating positions on the struck side of the vehicle, as specified in S11 and S12 of this standard (49 CFR 571.214). S7.1.2 When using the Part 572 Subpart F dummy (SID), the following performance requirements must be met. (a) Thorax. The Thoracic Trauma Index (TTI(d)) shall not exceed: (1) 85 g for a passenger car with four side doors, and for any multipurpose passenger vehicle, truck, or bus; and, (2) 90 g for a passenger car with two side doors, when calculated in accordance with the following formula: TI(d) = \1/2\(GR + GLS) Where the term ``GR'' is the greater of the peak accelerations of either the upper or lower rib, expressed in g's and the term ``GLS'' is the lower spine (T12) peak acceleration, expressed in g's. The peak acceleration values are obtained in accordance with the procedure specified in S11.5. (b) Pelvis. The peak lateral acceleration of the pelvis, as measured in accordance with S11.5, shall not exceed 130 g's. S7.2 MDB test with advanced test dummies. S7.2.1 Vehicles manufactured on or after September 1, 2010 to August 31, 2014. (a) Except as provided in S7.2.4 of this section, for vehicles manufactured on or after September 1, 2010 to August 31, 2014, a percentage of each manufacturer's production, as specified in S13.1.1, S13.1.2, S13.1.3, and S13.1.4, shall meet the requirements of S7.2.5 and S7.2.6 when tested with the test dummy specified in those sections. Vehicles manufactured before September 1, 2014 may be certified as meeting the requirements of S7.2.5 and S7.2.6. (b) For vehicles manufactured on or after September 1, 2010 that are not part of the percentage of a manufacturer's production meeting S7.2.1 of this section, the requirements of S7.1 of this section must be met. (c) Place the Subpart U ES-2re 50th percentile male dummy in the front seat and the Subpart V SID-IIs 5th percentile female test dummy in the rear seat. The test dummies are placed and positioned in the front and rear outboard seating positions on the struck side of the vehicle, as specified in S11 and S12 of this standard (49 CFR 571.214). S7.2.2 Vehicles manufactured on or after September 1, 2014. (a) Subject to S7.2.4 of this section, each vehicle manufactured on or after September 1, 2014 must meet the requirements of S7.2.5 and S7.2.6, when tested with the test dummy specified in those sections. (b) Place the Subpart U ES-2re 50th percentile male dummy in the front seat and the Subpart V SID-IIs 5th percentile female test dummy in the rear seat. The test dummies are placed and positioned in the front and rear outboard seating positions on the struck side of the vehicle, as specified in S11 and S12 of this standard (49 CFR 571.214). S7.2.3 [Reserved] S7.2.4 Exceptions from the MDB phase-in; special allowances. (a)(1) Vehicles that are manufactured by an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States are not subject to S7.2.1 of this section (but vehicles that will be manufactured on or after September 1, 2014 are subject to S7.2.2); (2) Vehicles that are manufactured by a limited line manufacturer are not subject to S7.2.1 of this section (but vehicles that will be manufactured on or after September 1, 2014 are subject to S7.2.2). (3) Convertibles manufactured before September 1, 2015, are not subject to S7.2.1 or S7.2.2 of this section. These vehicles may be voluntarily certified to meet the MDB test requirements prior to September 1, 2015. Vehicles manufactured on or after September 1, 2015 are subject to S7 and S7.2.2. (b) Vehicles that are altered (within the meaning of 49 CFR 567.7) before September 1, 2016 after having been previously certified in accordance with part 567 of this chapter, and vehicles manufactured in two or more stages before September 1, 2016, are not subject to S7.2.1. Vehicles that are altered on or after September 1, 2016, and vehicles that are manufactured in two or more stages on or after September 1, 2016, must meet the requirements of S7.2.5 and S7.2.6, when tested with the test dummy specified in those sections. Place the Subpart U ES-2re 50th percentile male dummy in the front seat [[Page 963]] and the Subpart V SID-IIs 5th percentile female test dummy in the rear seat. The test dummies are placed and positioned in the front and rear outboard seating positions on the struck side of the vehicle, as specified in S11 and S12 of this standard (49 CFR 571.214). S7.2.5 Dynamic performance requirements using the Part 572 Subpart U dummy (ES-2re 50th percentile male) dummy. Use the 49 CFR Part 572 Subpart U ES-2re dummy specified in S11 with measurements in accordance with S11.5. The following criteria shall be met: (a) The HIC shall not exceed 1000 when calculated in accordance with the following formula: [GRAPHIC] [TIFF OMITTED] TR11SE07.003 Where the term a is the resultant head acceleration at the center of gravity of the dummy head expressed as a multiple of g (the acceleration of gravity), and t1 and t2 are any two points in time during the impact which are separated by not more than a 36 millisecond time interval and where t1 is less than t2. (b) Thorax. The deflection of any of the upper, middle, and lower ribs, shall not exceed 44 mm (1.73 inches). (c) Force measurements. (1) The sum of the front, middle and rear abdominal forces, shall not exceed 2,500 N (562 lb). (2) The pubic symphysis force shall not exceed 6,000 N (1,350 pounds). S7.2.6 Dynamic performance requirements using the Part 572 Subpart V SID-IIs (5th percentile female) dummy. Use the 49 CFR Part 572 Subpart V SID-IIs 5th percentile female dummy specified in S11 with measurements in accordance with S11.5. The following criteria shall be met: (a) The HIC shall not exceed 1000 when calculated in accordance with the following formula: [GRAPHIC] [TIFF OMITTED] TR11SE07.004 Where the term a is the resultant head acceleration expressed as a multiple of g (the acceleration of gravity), and t1 and t2 are any two points in time during the impact which are separated by not more than a 36 millisecond time interval. (b) The resultant lower spine acceleration shall not exceed 82 g. (c) The sum of the acetabular and iliac pelvic forces shall not exceed 5,525 N. S7.3 Door opening. (a) Any side door that is struck by the moving deformable barrier shall not separate totally from the vehicle. (b) Any door (including a rear hatchback or tailgate) that is not struck by the moving deformable barrier shall meet the following requirements: (1) The door shall not disengage from the latched position; (2) The latch shall not separate from the striker, and the hinge components shall not separate from each other or from their attachment to the vehicle. (3) Neither the latch nor the hinge systems of the door shall pull out of their anchorages. S8 Test conditions for determining compliance with moving deformable barrier requirements. General test conditions for determining compliance with the moving deformable barrier test are specified below. Additional specifications may also be found in S12 of this standard (49 CFR 571.214). S8.1 Test weight. Each vehicle is loaded to its unloaded vehicle weight, plus 136 kg (300 pounds) or its rated cargo and luggage capacity (whichever is less), secured in the luggage or load-carrying area, plus the weight of the necessary anthropomorphic test dummies. Any added test equipment is located away from impact areas in secure places in the vehicle. The vehicle's fuel system is filled in accordance with the following procedure. With the test vehicle on a level surface, pump the fuel from the vehicle's fuel tank and then operate the engine until it stops. Then, add Stoddard solvent to the test vehicle's fuel tank in an amount that is equal to not less than 92 percent and not more than 94 percent of the fuel tank's usable capacity stated by the vehicle's manufacturer. In addition, [[Page 964]] add the amount of Stoddard solvent needed to fill the entire fuel system from the fuel tank through the engine's induction system. S8.2 Vehicle test attitude. Determine the distance between a level surface and a standard reference point on the test vehicle's body, directly above each wheel opening, when the vehicle is in its fully loaded condition at the test site, with all tires inflated to the manufacturer's specifications listed on the vehicle's tire placard, and with the vehicle filled to 100 percent of all fluid capacities. The ``fully loaded condition'' is the test vehicle loaded in accordance with S8.1 of this standard (49 CFR 571.214). The load placed in the cargo area is centered over the longitudinal centerline of the vehicle. The pretest vehicle attitude is equal to the fully loaded attitude 10 mm. S8.3 Adjustable seats. S8.3.1 50th Percentile Male ES-2re Dummy (49 CFR Part 572 Subpart U) In Front Seats S8.3.1.1 Lumbar support adjustment. Position adjustable lumbar supports so that the lumbar support is in its lowest, retracted or deflated adjustment position. S8.3.1.2 Other seat adjustments. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or non-deployed adjustment position. Position any adjustable head restraint in the highest and most forward position. Place adjustable seat backs in the manufacturer's nominal design riding position in the manner specified by the manufacturer. If the position is not specified, set the seat back at the first detent rearward of 25[deg] from the vertical. S8.3.1.3 Seat position adjustment. If the driver and any front outboard passenger seats do not adjust independently of each other, the struck side seat shall control the final position of the non-struck side seat. If the driver and any front outboard passenger seats adjust independently of each other, adjust both the struck and non-struck side seats in the manner specified in S8.3.1. S8.3.1.3.1 Using only the controls that primarily move the seat and seat cushion independent of the seat back in the fore and aft directions, move the seat cushion reference point (SCRP) to the rearmost position. Using any part of any control, other than those just used, determine the full range of angles of the seat cushion reference line and set the seat cushion reference line to the middle of the range. Using any part of any control other than those that primarily move the seat or seat cushion fore and aft, while maintaining the seat cushion reference line angle, place the SCRP to its lowest position. S8.3.1.3.2 Using only the control that primarily moves the seat fore and aft, move the seat cushion reference point to the mid travel position. If an adjustment position does not exist midway between the forwardmost and rearmost positions, the closest adjustment position to the rear of the midpoint is used. S8.3.1.3.3 If the seat or seat cushion height is adjustable, other than by the controls that primarily move the seat or seat cushion fore and aft, set the height of the seat cushion reference point to the minimum height, with the seat cushion reference line angle set as closely as possible to the angle determined in S8.3.1.3.1. Mark location of the seat for future reference. S8.3.2 50th Percentile Male SID Dummy (49 CFR Part 572 Subpart F) in Front and Rear Seats S8.3.2.1 Adjustable seats. Adjustable seats are placed in the adjustment position midway between the forward most and rearmost positions, and if separately adjustable in a vertical direction, are at the lowest position. If an adjustment position does not exist midway between the forward most and rearmost positions, the closest adjustment position to the rear of the mid-point is used. S8.3.2.2 Adjustable seat back placement. Place adjustable seat backs in the manufacturer's nominal design riding position in the manner specified by the manufacturer. If the position is not specified, set the seat back at the first detent rearward of 25[deg] from the vertical. Place each adjustable head restraint in its highest adjustment position. Position adjustable lumbar supports so that they are set in their released, i.e., full back position. S8.3.3 5th Percentile Female Dummy in Second Row Seat. [[Page 965]] S8.3.3.1 Lumbar support adjustment. Position adjustable lumbar supports so that the lumbar support is in its lowest, retracted or deflated adjustment position. S8.3.3.2 Other seat adjustments. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or non-deployed adjustment position. Position any adjustable head restraint in the lowest and most forward in-use position. If it is possible to achieve a position lower than the effective detent range, the head restraint should be set to its lowest possible position. A non- use position as specified by S4.4 of FMVSS No. 202a, is excluded from being considered as the lowest possible position. S8.3.3.3 Seat position adjustment. Using only the controls that primarily move the seat and seat cushion independent of the seat back in the fore and aft directions, move the seat cushion reference point (SCRP) to the rearmost position. Using any part of any control, other than those just used, determine the full range of angles of the seat cushion reference line and set the seat cushion reference line to the middle of the range. Using any part of any control other than those that primarily move the seat or seat cushion fore and aft, while maintaining the seat cushion reference line angle, place the SCRP to its lowest position. Mark location of the seat for future reference. If the non- struck side seat adjusts independently of the struck side seat, adjust the seat in the manner specified in this section. S8.4 Adjustable steering controls. Adjustable steering controls are adjusted so that the steering control hub is at the geometric center of the locus it describes when it is moved through its full range of driving positions. If there is no setting detent in the mid-position, lower the steering control to the detent just below the mid-position. If the steering column is telescoping, place the steering column in the mid-position. If there is no mid-position, move the steering control rearward one position from the mid-position. S8.5 Windows and sunroofs. Movable vehicle windows and vents are placed in the fully closed position on the struck side of the vehicle. Any sunroof shall be placed in the fully closed position. S8.6 Convertible tops. Convertibles and open-body type vehicles have the top, if any, in place in the closed passenger compartment configuration. S8.7 Doors. Doors, including any rear hatchback or tailgate, are fully closed and latched but not locked. S8.8 Transmission and brake engagement. For a vehicle equipped with a manual transmission, the transmission is placed in second gear. For a vehicle equipped with an automatic transmission, the transmission is placed in neutral. For all vehicles, the parking brake is engaged. S8.9 Moving deformable barrier. The moving deformable barrier conforms to the dimensions shown in Figure 2 and specified in 49 CFR Part 587. S8.10 Impact configuration. The test vehicle (vehicle A in Figure 3) is stationary. The line of forward motion of the moving deformable barrier (vehicle B in Figure 3) forms an angle of 63 degrees with the centerline of the test vehicle. The longitudinal centerline of the moving deformable barrier is perpendicular to the longitudinal centerline of the test vehicle when the barrier strikes the test vehicle. In a test in which the test vehicle is to be struck on its left (right) side: All wheels of the moving deformable barrier are positioned at an angle of 27 1 degrees to the right (left) of the centerline of the moving deformable barrier; and the left (right) forward edge of the moving deformable barrier is aligned so that a longitudinal plane tangent to that side passes through the impact reference line within a tolerance of 51 mm (2 inches) when the barrier strikes the test vehicle. S8.11 Impact reference line. Place a vertical reference line at the location described below on the side of the vehicle that will be struck by the moving deformable barrier. S8.11.1 Passenger cars. (a) For vehicles with a wheelbase of 2,896 mm (114 inches) or less, 940 mm (37 inches) forward of the center of the vehicle's wheelbase. (b) For vehicles with a wheelbase greater than 2,896 mm (114 inches), 508 mm (20 inches) rearward of the centerline of the vehicle's front axle. [[Page 966]] S8.11.2 Multipurpose passenger vehicles, trucks and buses. (a) For vehicles with a wheelbase of 2,489 mm (98 inches) or less, 305 mm (12 inches) rearward of the centerline of the vehicle's front axle, except as otherwise specified in paragraph (d) of this section. (b) For vehicles with a wheelbase of greater than 2,489 mm (98 inches) but not greater than 2,896 mm (114 inches), 940 mm (37 inches) forward of the center of the vehicle's wheelbase, except as otherwise specified in paragraph (d) of this section. (c) For vehicles with a wheelbase greater than 2,896 mm (114 inches), 508 mm (20 inches) rearward of the centerline of the vehicle's front axle, except as otherwise specified in paragraph (d) of this section. (d) At the manufacturer's option, for different wheelbase versions of the same model vehicle, the impact reference line may be located by the following: (1) Select the shortest wheelbase vehicle of the different wheelbase versions of the same model and locate on it the impact reference line at the location described in (a), (b) or (c) of this section, as appropriate; (2) Measure the distance between the seating reference point (SgRP) and the impact reference line; (3) Maintain the same distance between the SgRP and the impact reference line for the version being tested as that between the SgRP and the impact reference line for the shortest wheelbase version of the model. (e) For the compliance test, the impact reference line will be located using the procedure used by the manufacturer as the basis for its certification of compliance with the requirements of this standard. If the manufacturer did not use any of the procedures in this section, or does not specify a procedure when asked by the agency, the agency may locate the impact reference line using either procedure. S8.12 Anthropomorphic test dummies. The anthropomorphic test dummies used to evaluate a vehicle's performance in the moving deformable barrier test conform to the requirements of S11 and are positioned as described in S12 of this standard (49 CFR 571.214). [[Page 967]] [GRAPHIC] [TIFF OMITTED] TR11SE07.001 [[Page 968]] [GRAPHIC] [TIFF OMITTED] TR11SE07.002 S9. Vehicle-To-Pole Requirements. S9.1 Except as provided in S5, when tested under the conditions of S10: S9.1.1 Except as provided in S9.1.3 of this section, for vehicles manufactured on or after September 1, 2010 to August 31, 2014, a percentage of each manufacturer's production, as specified in S13.1.1, S13.1.2, S13.1.3, and S13.1.4 shall meet the requirements of S9.2.1, S9.2.2, and S9.2.3 when tested under the conditions of S10 into a fixed, rigid pole of 254 mm (10 inches) in diameter, at any velocity between 26 km/h to 32 km/h (16 to 20 mph) inclusive. Vehicles manufactured before September 1, 2014 that are [[Page 969]] not subject to the phase-in may be certified as meeting the requirements specified in this section. S9.1.2 Except as provided in S9.1.3 of this section, each vehicle manufactured on or after September 1, 2014, must meet the requirements of S9.2.1, S9.2.2 and S9.2.3, when tested under the conditions specified in S10 into a fixed, rigid pole of 254 mm (10 inches) in diameter, at any speed up to and including 32 km/h (20 mph). All vehicles manufactured on or after September 1, 2014 must meet S9.1.2 without the use of advance credits. S9.1.3 Exceptions from the phase-in; special allowances. (a)(1) Vehicles that are manufactured by an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States are not subject to S9.1.1 of this section (but vehicles manufactured on or after September 1, 2014 by these manufacturers are subject to S9.1.2); (2) Vehicles that are manufactured by a limited line manufacturer are not subject to S9.1.1 of this section (but vehicles manufactured on or after September 1, 2014 by these manufacturers are subject to S9.1.2). (b) Vehicles that are altered (within the meaning of 49 CFR 567.7) before September 1, 2016 after having been previously certified in accordance with part 567 of this chapter, and vehicles manufactured in two or more stages before September 1, 2016, are not subject to S9.1.1. Vehicles that are altered on or after September 1, 2016, and vehicles that are manufactured in two or more stages on or after September 1, 2016, must meet the requirements of S9.1.2, when tested under the conditions specified in S10 into a fixed, rigid pole of 254 mm (10 inches) in diameter, at any speed up to and including 32 km/h (20 mph). (c) Vehicles with a gross vehicle weight rating greater than 3,855 kg (8,500 lb) manufactured before September 1, 2015 are not subject to S9.1.1 or S9.1.2 of this section. These vehicles may be voluntarily certified to meet the pole test requirements prior to September 1, 2015. Vehicles with a gross vehicle weight rating greater than 3,855 kg (8,500 lb) manufactured on or after September 1, 2015 must meet the requirements of S9.2.1, S9.2.2 and S9.2.3, when tested under the conditions specified in S10 into a fixed, rigid pole of 254 mm (10 inches) in diameter, at any speed up to and including 32 km/h (20 mph). (d)(1) Convertibles manufactured before September 1, 2015 are not subject to S9.1.1 or S9.1.2 of this section. These vehicles may be voluntarily certified to meet the pole test requirements prior to September 1, 2015. (2) Convertibles manufactured on or after September 1, 2015 must meet the requirements of S9.2.1, S9.2.2 and S9.2.3, when tested under the conditions specified in S10 into a fixed, rigid pole of 254 mm (10 inches) in diameter, at any speed up to and including 32 km/h (20 mph). S9.2 Requirements. Each vehicle shall meet these vehicle-to-pole test requirements when tested under the conditions of S10 of this standard. At NHTSA's option, either the 50th percentile adult male test dummy (ES-2re dummy, 49 CFR Part 572 Subpart U) or the 5th percentile adult female test dummy (SID-IIs, 49 CFR Part 572 Subpart V) shall be used in the test. At NHTSA's option, either front outboard seating position shall be tested. The vehicle shall meet the specific requirements at all front outboard seating positions. S9.2.1 Dynamic performance requirements using the Part 572 Subpart U (ES-2re 50th percentile male) dummy. When using the ES-2re Part 572 Subpart U dummy, use the specifications of S11 of this standard (49 CFR 571.214). When using the dummy, the following performance requirements must be met using measurements in accordance with S11.5. (a) The HIC shall not exceed 1000 when calculated in accordance with the following formula: [GRAPHIC] [TIFF OMITTED] TR11SE07.005 Where the term a is the resultant head acceleration at the center of gravity of the dummy head expressed as a multiple of g (the acceleration of gravity), and t1 and t2 are any two points in [[Page 970]] time during the impact which are separated by not more than a 36 millisecond time interval and where t1 is less than t2. (b) Thorax. The deflection of any of the upper, middle, and lower ribs, shall not exceed 44 mm (1.73 inches). (c) Force measurements. (1) The sum of the front, middle and rear abdominal forces, shall not exceed 2,500 N (562 pounds). (2) The pubic symphysis force shall not exceed 6,000 N (1,350 pounds). S9.2.2 Dynamic performance requirements using the Part 572 Subpart V SID-IIs (5th percentile female) dummy. When using the SID-IIs Part 572 Subpart V dummy, use the specifications of S11 of this standard (49 CFR 571.214). When using the dummy, the following performance requirements must be met. (a) The HIC shall not exceed 1000 when calculated in accordance with the following formula: [GRAPHIC] [TIFF OMITTED] TR11SE07.006 Where the term a is the resultant head acceleration at the center of gravity of the dummy head expressed as a multiple of g (the acceleration of gravity), and t1 and t2 are any two points in time during the impact which are separated by not more than a 36 millisecond time interval and where t1 is less than t2. (b) Resultant lower spine acceleration must not exceed 82 g. (c) The sum of the acetabular and iliac pelvic forces must not exceed 5,525 N. S9.2.3 Door opening. (a) Any side door that is struck by the pole shall not separate totally from the vehicle. (b) Any door (including a rear hatchback or tailgate) that is not struck by the pole shall meet the following requirements: (1) The door shall not disengage from the latched position; and (2) The latch shall not separate from the striker, and the hinge components shall not separate from each other or from their attachment to the vehicle. (3) Neither the latch nor the hinge systems of the door shall pull out of their anchorages. S10. General test conditions for determining compliance with vehicle-to-pole requirements. General test conditions for determining compliance with the vehicle-to-pole test are specified below and in S12 of this standard (49 CFR 571.214). S10.1 Test weight. Each vehicle is loaded as specified in S8.1 of this standard (49 CFR 571.214). S10.2 Vehicle test attitude. When the vehicle is in its ``as delivered,'' ``fully loaded'' and ``as tested'' condition, locate the vehicle on a flat, horizontal surface to determine the vehicle attitude. Use the same level surface or reference plane and the same standard points on the test vehicle when determining the ``as delivered,'' ``fully loaded'' and ``as tested'' conditions. Measure the angles relative to a horizontal plane, front-to-rear and from left-to-right for the ``as delivered,'' ``fully loaded,'' and ``as tested'' conditions. The front-to-rear angle (pitch) is measured along a fixed reference on the left and right front occupant's door sills. Mark where the angles are taken on the door sills. The left to right angle (roll) is measured along a fixed reference point at the front and rear of the vehicle at the vehicle longitudinal center plane. Mark where the angles are measured. The ``as delivered'' condition is the vehicle as received at the test site, with 100 percent of all fluid capacities and all tires inflated to the manufacturer's specifications listed on the vehicle's tire placard. When the vehicle is in its ``fully loaded'' condition, measure the angle between the left front occupant's door sill and the horizontal, at the same place the ``as delivered'' angle was measured. The ``fully loaded condition'' is the test vehicle loaded in accordance with S8.1 of this standard (49 CFR 571.214). The load placed in the cargo area is centered over the longitudinal centerline of the vehicle. The vehicle ``as tested'' pitch and roll angles are between the ``as delivered'' and ``fully loaded'' condition, inclusive. S10.3 Adjustable seats. S10.3.1 Driver and front outboard passenger seat set-up for 50th percentile male dummy. The driver and front outboard [[Page 971]] passenger seats are set up as specified in S8.3.1 of this standard, 49 CFR 571.214. S10.3.2. Driver and front outboard passenger seat set-up for 49 CFR part 572 Subpart V 5th percentile female dummy. S10.3.2.1 Lumbar support adjustment. Position adjustable lumbar supports so that the lumbar support is in its lowest, retracted or deflated adjustment position. S10.3.2.2 Other seat adjustments. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or non-deployed adjustment position. Position any adjustable head restraint in the lowest and most forward in-use position. If it is possible to achieve a position lower than the effective detent range, the head restraint should be set to its lowest possible position. A non- use position as specified by S4.4 of FMVSS No. 202a, is excluded from being considered as the lowest possible position. S10.3.2.3 Seat position adjustment. If the driver and any front outboard passenger seats do not adjust independently of each other, the struck side seat shall control the final position of the non-struck side seat. If the driver and any front outboard passenger seats adjust independently of each other, adjust both the struck and non-struck side seats in the manner specified in S10.3.2. S10.3.2.3.1 Using only the controls that primarily move the seat and seat cushion independent of the seat back in the fore and aft directions, move the seat cushion reference point (SCRP) to the rearmost position. Using any part of any control, other than those just used, determine the full range of angles of the seat cushion reference line and set the seat cushion reference line to the middle of the range. Using any part of any control other than those that primarily move the seat or seat cushion fore and aft, while maintaining the seat cushion reference line angle, place the SCRP to its lowest position. S10.3.2.3.2 Using only the control that primarily moves the seat fore and aft, move the seat reference point to the most forward position. S10.3.2.3.3 If the seat or seat cushion height is adjustable, other than by the controls that primarily move the seat or seat cushion fore and aft, set the seat reference point to the midpoint height, with the seat cushion reference line angle set as close as possible to the angle determined in S10.3.2.3.1. Mark location of the seat for future reference. S10.4 Positioning dummies for the vehicle-to-pole test. (a) 50th percentile male test dummy (49 CFR Part 572 Subpart U ES- 2re dummy). The 50th percentile male test dummy is positioned in the front outboard seating position on the struck side of the vehicle in accordance with the provisions of S12.2 of this standard, 49 CFR 571.214. (b) 5th percentile female test dummy (49 CFR Part 572 Subpart V SID- IIs dummy). The 5th percentile female test dummy is positioned in the front outboard seating positions on the struck side of the vehicle in accordance with the provisions of S12.3 of this standard, 49 CFR 571.214. S10.5 Adjustable steering controls. Adjustable steering controls are adjusted so that the steering control hub is at the geometric center of the locus it describes when it is moved through its full range of driving positions. If there is no setting detent in the mid-position, lower the steering control to the detent just below the mid-position. If the steering column is telescoping, place the steering column in the mid-position. If there is no mid-position, move the steering control rearward one position from the mid-position. S10.6 Windows and sunroofs. Movable vehicle windows and vents are placed in the fully closed position on the struck side of the vehicle. Any sunroof is placed in the fully closed position. S10.7 Convertible tops. Convertibles and open-body type vehicles have the top, if any, in place in the closed passenger compartment configuration. S10.8 Doors. Doors, including any rear hatchback or tailgate, are fully closed and latched but not locked. S10.9 Transmission and brake engagement. For a vehicle equipped with a manual transmission, the transmission is placed in second gear. For a vehicle equipped with an automatic transmission, the transmission is placed in neutral. For all vehicles, the parking brake is engaged. [[Page 972]] S10.10 Rigid pole. The rigid pole is a vertical metal structure beginning no more than 102 millimeters (4 inches) above the lowest point of the tires on the striking side of the test vehicle when the vehicle is loaded as specified in S8.1 and extending above the highest point of the roof of the test vehicle. The pole is 254 mm (10 inches) 6 mm (0.25 in) in diameter and set off from any mounting surface, such as a barrier or other structure, so that the test vehicle will not contact such a mount or support at any time within 100 milliseconds of the initiation of vehicle to pole contact. S10.11 Impact reference line. The impact reference line is located on the striking side of the vehicle at the intersection of the vehicle exterior and a vertical plane passing through the center of gravity of the head of the dummy seated in accordance with S12 in the front outboard designated seating position. The vertical plane forms an angle of 285 (or 75) degrees with the vehicle's longitudinal centerline for the right (or left) side impact test. The angle is measured counterclockwise from the vehicle's positive X-axis as defined in S10.13. S10.12 Impact configuration. S10.12.1 The rigid pole is stationary. S10.12.2 The test vehicle is propelled sideways so that its line of forward motion forms an angle of 285 (or 75) degrees (3 degrees) for the right (or left) side impact with the vehicle's longitudinal centerline. The angle is measured counterclockwise from the vehicle's positive X-axis as defined in S10.13. The impact reference line is aligned with the center line of the rigid pole surface, as viewed in the direction of vehicle motion, so that, when the vehicle-to-pole contact occurs, the center line contacts the vehicle area bounded by two vertical planes parallel to and 38 mm (1.5 inches) forward and aft of the impact reference line. S10.13 Vehicle reference coordinate system. The vehicle reference coordinate system is an orthogonal coordinate system consisting of three axes, a longitudinal axis (X), a transverse axis (Y), and a vertical axis (Z). X and Y are in the same horizontal plane and Z passes through the intersection of X and Y. The origin of the system is at the center of gravity of the vehicle. The X-axis is parallel to the longitudinal centerline of the vehicle and is positive to the vehicle front end and negative to the rear end. The Y-axis is positive to the left side of the vehicle and negative to the right side. The Z-axis is positive above the X-Y plane and negative below it. S11 Anthropomorphic test dummies. The anthropomorphic test dummies used to evaluate a vehicle's performance in the moving deformable barrier and vehicle-to-pole tests are specified in 49 CFR part 572. In a test in which the test vehicle is to be struck on its left side, each dummy is to be configured and instrumented to be struck on its left side, in accordance with part 572. In a test in which the test vehicle is to be struck on its right side, each dummy is to be configured and instrumented to be struck on its right side, in accordance with part 572. S11.1 Clothing. (a) 50th percentile male. Each test dummy representing a 50th percentile male is clothed in formfitting cotton stretch garments with short sleeves and midcalf length pants. Each foot of the test dummy is equipped with a size 11EEE shoe, which meets the configuration size, sole, and heel thickness specifications of MIL-S-13192 (incorporated by reference, see Sec. 571.5) and weighs 0.68 0.09 kilograms (1.25 0.2 lb). (b) 5th percentile female. The 49 CFR Part 572 Subpart V test dummy representing a 5th percentile female is clothed in formfitting cotton stretch garments with short sleeves and about the knee length pants. Each foot has on a size 7.5W shoe that meets the configuration and size specifications of MIL-S-21711E (incorporated by reference, see Sec. 571.5) or its equivalent. S11.2 Limb joints. (a) For the 50th percentile male dummy, set the limb joints at between 1 and 2 g. Adjust the leg joints with the torso in the supine position. Adjust the knee and ankle joints so that they just support the lower leg and the foot when extended horizontally (1 to 2 g adjustment). (b) For the 49 CFR Part 572 Subpart V 5th percentile female dummy, set the limb joints at slightly above 1 g, barely restraining the weight of the limb [[Page 973]] when extended horizontally. The force needed to move a limb segment does not exceed 2 g throughout the range of limb motion. Adjust the leg joints with the torso in the supine position. S11.3 The stabilized temperature of the test dummy at the time of the test is at any temperature between 20.6 degrees C and 22.2 degrees C. S11.4 Acceleration data. Accelerometers are installed on the head, rib, spine and pelvis components of various dummies as required to meet the injury criteria of the standard. Accelerations measured from different dummy components may use different filters and processing methods. S11.5 Processing Data. (a) Subpart F (SID) test dummy. (1) Process the acceleration data from the accelerometers mounted on the ribs, spine and pelvis of the Subpart F dummy with the FIR100 software specified in 49 CFR 572.44(d). Process the data in the following manner: (i) Filter the data with a 300 Hz, SAE Class 180 filter; (ii) Subsample the data to a 1600 Hz sampling rate; (iii) Remove the bias from the subsampled data; and (iv) Filter the data with the FIR100 software specified in 49 CFR 572.44(d), which has the following characteristics-- (A) Passband frequency 100 Hz. (B) Stopband frequency 189 Hz. (C) Stopband gain -50 db. (D) Passband ripple 0.0225 db. (2) [Reserved] (b) Subpart U (ES-2re 50th percentile male) test dummy. (1) The rib deflection data are filtered at channel frequency class 180 Hz. Abdominal and pubic force data are filtered at channel frequency class of 600 Hz. (2) The acceleration data from the accelerometers installed inside the skull cavity of the ES-2re test dummy are filtered at channel frequency class of 1000 Hz. (c) Subpart V (SID-IIs 5th percentile female) test dummy. (1) The acceleration data from the accelerometers installed inside the skull cavity of the SID-IIs test dummy are filtered at channel frequency class of 1000 Hz. (2) The acceleration data from the accelerometers installed on the lower spine of the SID-IIs test dummy are filtered at channel frequency class of 180 Hz. (3) The iliac and acetabular forces from load cells installed in the pelvis of the SID-IIs are filtered at channel frequency class of 600 Hz. S12 Positioning procedures for the anthropomorphic test dummies. S12.1 50th percentile male test dummy--49 CFR part 572 subpart F (SID). Position a correctly configured test dummy, conforming to the applicable requirements of part 572 Subpart F of this chapter, in the front outboard seating position on the side of the test vehicle to be struck by the moving deformable barrier and, if the vehicle has a second seat, position another conforming test dummy in the second seat outboard position on the same side of the vehicle, as specified in S12.1.3. Each test dummy is restrained using all available belt systems in all seating positions where such belt restraints are provided. Place any adjustable anchorages at the manufacturer's nominal design position for a 50th percentile adult male occupant. In addition, any folding armrest is retracted. Additional positioning procedures are specified below. S12.1.1 Positioning a Part 572 Subpart F (SID) dummy in the driver's seating position. (a) Torso. Hold the dummy's head in place and push laterally on the non-impacted side of the upper torso in a single stroke with a force of 66.7-89.0 N (15-20 lb) towards the impacted side. (1) For a bench seat. The upper torso of the test dummy rests against the seat back. The midsagittal plane of the test dummy is vertical and parallel to the vehicle's longitudinal centerline, and passes through the center of the steering control. (2) For a bucket seat. The upper torso of the test dummy rests against the seat back. The midsagittal plane of the test dummy is vertical and parallel to the vehicle's longitudinal centerline, and coincides with the longitudinal centerline of the bucket seat. (b) Pelvis. (1) H-point. The H-points of each test dummy coincide within 12.7 mm (\1/2\ inch) in the vertical dimension and 12.7 [[Page 974]] mm (\1/2\ inch) in the horizontal dimension of a point that is located 6.4 mm (\1/4\ inch) below the position of the H-point determined by using the equipment for the 50th percentile and procedures specified in SAE Standard J826-1980 (incorporated by reference, see Sec. 571.5), except that Table 1 of SAE Standard J826-1980 is not applicable. The length of the lower leg and thigh segments of the H-point machine are adjusted to 414 and 401 mm (16.3 and 15.8 inches), respectively. (2) Pelvic angle. As determined using the pelvic angle gauge (GM drawing 78051-532 incorporated by reference in part 572, Subpart E of this chapter) which is inserted into the H-point gauging hole of the dummy, the angle of the plane of the surface on the lumbar-pelvic adaptor on which the lumbar spine attaches is 23 to 25 degrees from the horizontal, sloping upward toward the front of the vehicle. (3) Legs. The upper legs of each test dummy rest against the seat cushion to the extent permitted by placement of the feet. The left knee of the dummy is positioned such that the distance from the outer surface of the knee pivot bolt to the dummy's midsagittal plane is 152.4 mm (6.0 inches). To the extent practicable, the left leg of the test dummy is in a vertical longitudinal plane. (4) Feet. The right foot of the test dummy rests on the undepressed accelerator with the heel resting as far forward as possible on the floorpan. The left foot is set perpendicular to the lower leg with the heel resting on the floorpan in the same lateral line as the right heel. S12.1.2 Positioning a Part 572 Subpart F (SID) dummy in any front outboard passenger seating position. (a) Torso. Hold the dummy's head in place and push laterally on the non-impacted side of the upper torso in a single stroke with a force of 66.7-89.0 N (15-20 lb) towards the impacted side. (1) For a bench seat. The upper torso of the test dummy rests against the seat back. The midsagittal plane of the test dummy is vertical and parallel to the vehicle's longitudinal centerline. For vehicles with manually operated driving controls the midsagittal plane of the test dummy is the same distance from the vehicle's longitudinal centerline as would be the midsagittal plane of a test dummy positioned in the driver's seating position under S12.1.1(a)(1). For vehicles without manually operated driving controls the midsagittal plane of the test dummy shall be vertical and parallel to the vehicle's longitudinal centerline, and passes through any front outboard passenger seat's SgRP. (2) For a bucket seat. The upper torso of the test dummy rests against the seat back. The midsagittal plane of the test dummy is vertical and parallel to the vehicle's longitudinal centerline, and coincides with the longitudinal centerline of the bucket seat. (b) Pelvis. (1) H-point. The H-points of each test dummy coincide within 12.7 mm (\1/2\ inch) in the vertical dimension and 12.7 mm (\1/2\ inch) in the horizontal dimension of a point that is located 6.4 mm (\1/4\ inch) below the position of the H-point determined by using the equipment for the 50th percentile and procedures specified in SAE Standard J826-1980 (incorporated by reference, see Sec. 571.5), except that Table 1 of SAE J826-1980 is not applicable. The length of the lower leg and thigh segments of the H-point machine are adjusted to 414 and 401 mm (16.3 and 15.8 inches), respectively. (2) Pelvic angle. As determined using the pelvic angle gauge (GM drawing 78051-532 incorporated by reference in part 572, Subpart E of this chapter) which is inserted into the H-point gauging hole of the dummy, the angle of the plane of the surface on the lumbar-pelvic adaptor on which the lumbar spine attaches is 23 to 25 degrees from the horizontal, sloping upward toward the front of the vehicle. (c) Legs. The upper legs of each test dummy rest against the seat cushion to the extent permitted by placement of the feet. The initial distance between the outboard knee clevis flange surfaces is 292 mm (11.5 inches). To the extent practicable, both legs of the test dummies in outboard passenger positions are in vertical longitudinal planes. Final adjustment to accommodate placement of feet in accordance with S12.1.2(d) for various passenger [[Page 975]] compartment configurations is permitted. (d) Feet. The feet of the test dummy are placed on the vehicle's toeboard with the heels resting on the floorpan as close as possible to the intersection of the toeboard and floorpan. If the feet cannot be placed flat on the toeboard, they are set perpendicular to the lower legs and placed as far forward as possible so that the heels rest on the floorpan. S12.1.3 Positioning a Part 572 Subpart F (SID) dummy in the rear outboard seating positions. (a) Torso. Hold the dummy's head in place and push laterally on the non-impacted side of the upper torso in a single stroke with a force of 66.7-89.0 N (15-20 lb) towards the impacted side. (1) For a bench seat. The upper torso of the test dummy rests against the seat back. The midsagittal plane of the test dummy is vertical and parallel to the vehicle's longitudinal centerline, and, if possible, the same distance from the vehicle's longitudinal centerline as the midsagittal plane of a test dummy positioned in the driver's seating position under S12.1.1(a)(1) or left front passenger seating positioned under S12.1.2(a)(1) in vehicles without manually operated driving controls. If it is not possible to position the test dummy so that its midsagittal plane is parallel to the vehicle longitudinal centerline and is at this distance from the vehicle's longitudinal centerline, the test dummy is positioned so that some portion of the test dummy just touches, at or above the seat level, the side surface of the vehicle, such as the upper quarter panel, an armrest, or any interior trim (i.e., either the broad trim panel surface or a smaller, localized trim feature). (2) For a bucket or contoured seat. The upper torso of the test dummy rests against the seat back. The midsagittal plane of the test dummy is vertical and parallel to the vehicle's longitudinal centerline, and coincides with the longitudinal centerline of the bucket or contoured seat. (b) Pelvis. (1) H-point. The H-points of each test dummy coincide within 12.7 mm (\1/2\ inch) in the vertical dimension and 12.7 mm (\1/2\ inch) in the horizontal dimension of a point that is located 6.4 mm (\1/4\ inch) below the position of the H-point determined by using the equipment for the 50th percentile and procedures specified in SAE Standard J826-1980 (incorporated by reference, see Sec. 571.5), except that Table 1 of SAE J826-1980 is not applicable. The length of the lower leg and thigh segments of the H-point machine are adjusted to 414 and 401 mm (16.3 and 15.8 inches), respectively. (2) Pelvic angle. As determined using the pelvic angle gauge (GM drawing 78051-532 incorporated by reference in part 572, Subpart E of this chapter) which is inserted into the H-point gauging hole of the dummy, the angle of the plane of the surface on the lumbar-pelvic adaptor on which the lumbar spine attaches is 23 to 25 degrees from the horizontal, sloping upward toward the front of the vehicle. (c) Legs. Rest the upper legs of each test dummy against the seat cushion to the extent permitted by placement of the feet. The initial distance between the outboard knee clevis flange surfaces is 292 mm (11.5 inches). To the extent practicable, both legs of the test dummies in outboard passenger positions are in vertical longitudinal planes. Final adjustment to accommodate placement of feet in accordance with S12.1.3(d) for various passenger compartment configurations is permitted. (d) Feet. Place the feet of the test dummy flat on the floorpan and beneath the front seat as far as possible without front seat interference. If necessary, the distance between the knees may be changed in order to place the feet beneath the seat. S12.2 50th percentile male test dummy--49 CFR Part 572 Subpart U (ES-2re). S12.2.1 Positioning an ES-2re dummy in all seating positions. Position a correctly configured ES-2re test dummy, conforming to the applicable requirements of part 572 of this chapter, in the front outboard seating position on the side of the test vehicle to be struck by the moving deformable barrier or pole. Restrain the test dummy using all available belt systems in the seating positions where the belt restraints are [[Page 976]] provided. Place any adjustable anchorages at the manufacturer's nominal design position for a 50th percentile adult male occupant. Retract any folding armrest. (a) Upper torso. (1) The plane of symmetry of the dummy coincides with the vertical median plane of the specified seating position. (2) Bend the upper torso forward and then lay it back against the seat back. Set the shoulders of the dummy fully rearward. (b) Pelvis. Position the pelvis of the dummy according to the following: (1) Position the pelvis of the dummy such that a lateral line passing through the dummy H-points is perpendicular to the longitudinal center plane of the seat. The line through the dummy H-points is horizontal with a maximum inclination of 2 degrees. The dummy may be equipped with tilt sensors in the thorax and the pelvis. These instruments can help to obtain the desired position. (2) The correct position of the dummy pelvis may be checked relative to the H-point of the H-point Manikin by using the M3 holes in the H- point back plates at each side of the ES-2re pelvis. Position the dummy such that the M3 holes are located within a circle of radius 10 mm (0.39 in.) around the H-point of the H-point Manikin. (c) Arms. Place the dummy's upper arms such that the angle between the projection of the arm centerline on the mid-sagittal plane of the dummy and the torso reference line is 40[deg] 5[deg]. The torso reference line is defined as the thoracic spine centerline. The shoulder-arm joint allows for discrete arm positions at 0, 40, and 90 degree settings forward of the spine. (d) Legs and Feet. Position the legs and feet of the dummy according to the following: (1) For the driver's seating position, without inducing pelvis or torso movement, place the right foot of the dummy on the un-pressed accelerator pedal with the heel resting as far forward as possible on the floor pan. Set the left foot perpendicular to the lower leg with the heel resting on the floor pan in the same lateral line as the right heel. Set the knees of the dummy such that their outside surfaces are 150 10 mm (5.9 0.4 inches) from the plane of symmetry of the dummy. If possible within these constraints, place the thighs of the dummy in contact with the seat cushion. (2) For other seating positions, without inducing pelvis or torso movement, place the heels of the dummy as far forward as possible on the floor pan without compressing the seat cushion more than the compression due to the weight of the leg. Set the knees of the dummy such that their outside surfaces are 150 10 mm (5.9 0.4 inches) from the plane of symmetry of the dummy. S12.3 5th percentile female test dummy--49 CFR Part 572 Subpart V (SID-IIs). Position a correctly configured 5th percentile female Part 572 Subpart V (SID-IIs) test dummy, conforming to the applicable requirements of part 572 of this chapter, in the front outboard seating position on the side of the test vehicle to be struck by the pole and, for the moving deformable barrier, if the vehicle has a second seat, position a conforming test dummy in the second seat outboard position on the same side of the vehicle (side to be struck) as specified in S12.3.4. Retract any folding armrest. Additional procedures are specified below. S12.3.1 General provisions and definitions. (a) Measure all angles with respect to the horizontal plane unless otherwise stated. (b) Adjust the SID-IIs dummy's neck bracket to align the zero degree index marks. (c) Other seat adjustments. The longitudinal centerline of a bucket seat cushion passes through the SgRP and is parallel to the longitudinal centerline of the vehicle. (d) Driver and any front outboard passenger dummy manual belt adjustment. Use all available belt systems. Place adjustable belt anchorages at the nominal position for a 5th percentile adult female suggested by the vehicle manufacturer. (e) Definitions. (1) The term ``midsagittal plane'' refers to the vertical plane that separates the dummy into equal left and right halves. [[Page 977]] (2) The term ``vertical longitudinal plane'' refers to a vertical plane parallel to the vehicle's longitudinal centerline. (3) The term ``vertical plane'' refers to a vertical plane, not necessarily parallel to the vehicle's longitudinal centerline. (4) The term ``transverse instrumentation platform'' refers to the transverse instrumentation surface inside the dummy's skull casting to which the neck load cell mounts. This surface is perpendicular to the skull cap's machined inferior-superior mounting surface. (5) The term ``thigh'' refers to the femur between, but not including, the knee and the pelvis. (6) The term ``leg'' refers to the lower part of the entire leg including the knee. (7) The term ``foot'' refers to the foot, including the ankle. (8) For leg and thigh angles, use the following references: (i) Thigh--a straight line on the thigh skin between the center of the \1/2\-13 UNC-2B tapped hole in the upper leg femur clamp and the knee pivot shoulder bolt. (ii) Leg--a straight line on the leg skin between the center of the ankle shell and the knee pivot shoulder bolt. (9) The term ``seat cushion reference point'' (SCRP) means a point placed on the outboard side of the seat cushion at a horizontal distance between 150 mm (5.9 in) and 250 mm (9.8 in) from the front edge of the seat used as a guide in positioning the seat. (10) The term ``seat cushion reference line'' means a line on the side of the seat cushion, passing through the seat cushion reference point, whose projection in the vehicle vertical longitudinal plane is straight and has a known angle with respect to the horizontal. S12.3.2 5th percentile female driver dummy positioning. (a) Driver torso/head/seat back angle positioning. (1) With the seat in the position determined in S10.3.2, use only the control that moves the seat fore and aft to place the seat in the rearmost position. If the seat cushion reference line angle automatically changes as the seat is moved from the full forward position, maintain, as closely as possible, the seat cushion reference line angle determined in S10.3.2.3.3, for the final forward position when measuring the pelvic angle as specified in S12.3.2(a)(11). The seat cushion reference line angle position may be achieved through the use of any seat or seat cushion adjustments other than that which primarily moves the seat or seat cushion fore-aft. (2) Fully recline the seat back, if adjustable. Install the dummy into the driver's seat, such that when the legs are positioned 120 degrees to the thighs, the calves of the legs are not touching the seat cushion. (3) Bucket seats. Center the dummy on the seat cushion so that its midsagittal plane is vertical and passes through the SgRP within 10 mm (0.4 in). (4) Bench seats. Position the midsagittal plane of the dummy vertical and parallel to the vehicle's longitudinal centerline and aligned within 10 mm (0.4 in) of the center of the steering control rim. (5) Hold the dummy's thighs down and push rearward on the upper torso to maximize the dummy's pelvic angle. (6) Place the legs at 120 degrees to the thighs. Set the initial transverse distance between the longitudinal centerlines at the front of the dummy's knees at 160 to 170 mm (6.3 to 6.7 in), with the thighs and legs of the dummy in vertical planes. Push rearward on the dummy's knees to force the pelvis into the seat so there is no gap between the pelvis and the seat back or until contact occurs between the back of the dummy's calves and the front of the seat cushion. (7) Gently rock the upper torso relative to the lower torso laterally in a side to side motion three times through a 5 degree arc (approximately 51 mm (2 in) side to side). (8) If needed, extend the legs slightly so that the feet are not in contact with the floor pan. Let the thighs rest on the seat cushion to the extent permitted by the foot movement. Keeping the leg and the thigh in a vertical plane, place the foot in the vertical longitudinal plane that passes through the centerline of the accelerator pedal. Rotate the left thigh outboard about the hip until the center of the knee is [[Page 978]] the same distance from the midsagittal plane of the dummy as the right knee 5 mm (0.2 in). Using only the control that moves the seat fore and aft, attempt to return the seat to the full forward position. If either of the dummy's legs first contacts the steering control, then adjust the steering control, if adjustable, upward until contact with the steering control is avoided. If the steering control is not adjustable, separate the knees enough to avoid steering control contact. Proceed with moving the seat forward until either the leg contacts the vehicle interior or the seat reaches the full forward position. (The right foot may contact and depress the accelerator and/or change the angle of the foot with respect to the leg during seat movement.) If necessary to avoid contact with the vehicle's brake or clutch pedal, rotate the test dummy's left foot about the leg. If there is still interference, rotate the left thigh outboard about the hip the minimum distance necessary to avoid pedal interference. If a dummy leg contacts the vehicle interior before the full forward position is attained, position the seat at the next detent where there is no contact. If the seat is a power seat, move the seat fore and aft to avoid contact while assuring that there is a maximum of 5 mm (0.2 in) distance between the vehicle interior and the point on the dummy that would first contact the vehicle interior. If the steering control was moved, return it to the position described in S10.5. If the steering control contacts the dummy's leg(s) prior to attaining this position, adjust it to the next higher detent, or if infinitely adjustable, until there is 5 mm (0.2 in) clearance between the control and the dummy's leg(s). (9) Head leveling. (i) Vehicles with fixed seat backs. Adjust the lower neck bracket to level the transverse instrumentation platform angle of the head to within 0.5 degrees. If it is not possible to level the transverse instrumentation platform to within 0.5 degrees, select the neck bracket adjustment position that minimizes the difference between the transverse instrumentation platform angle and level. (ii) Vehicles with adjustable seat backs. While holding the thighs in place, rotate the seat back forward until the transverse instrumentation platform angle of the head is level to within 0.5 degrees, making sure that the pelvis does not interfere with the seat bight. (If the torso contacts the steering control, use S12.3.2(a)(10) before proceeding with the remaining portion of this paragraph.) If it is not possible to level the transverse instrumentation platform to within 0.5 degrees, select the seat back adjustment position that minimizes the difference between the transverse instrumentation platform angle and level, then adjust the neck bracket to level the transverse instrumentation platform angle to within 0.5 degrees if possible. If it is still not possible to level the transverse instrumentation platform to within 0.5 degrees, select the neck bracket angle position that minimizes the difference between the transverse instrumentation platform angle and level. (10) If the torso contacts the steering control, adjust the steering control in the following order until there is no contact: Telescoping adjustment, lowering adjustment, raising adjustment. If the vehicle has no adjustments or contact with the steering control cannot be eliminated by adjustment, position the seat at the next detent where there is no contact with the steering control as adjusted in S10.5. If the seat is a power seat, position the seat to avoid contact while assuring that there is a maximum of 5 mm (0.2 in) distance between the steering control as adjusted in S10.5 and the point of contact on the dummy. (11) Measure and set the dummy's pelvic angle using the pelvic angle gage. The angle is set to 20.0 degrees 2.5 degrees. If this is not possible, adjust the pelvic angle as close to 20.0 degrees as possible while keeping the transverse instrumentation platform of the head as level as possible by adjustments specified in S12.3.2(a)(9). (12) If the dummy is contacting the vehicle interior after these adjustments, move the seat rearward until there is a maximum of 5 mm (0.2 in) between the contact point of the dummy and the interior of the vehicle or if it has a manual seat adjustment, to the next rearward detent position. If after these adjustments, the dummy contact [[Page 979]] point is more than 5 mm (0.2 in) from the vehicle interior and the seat is still not in its forwardmost position, move the seat forward until the contact point is 5 mm (0.2 in) or less from the vehicle interior, or if it has a manual seat adjustment, move the seat to the closest detent position without making contact, or until the seat reaches its forwardmost position, whichever occurs first. (b) Driver foot positioning. (1) If the vehicle has an adjustable accelerator pedal, adjust it to the full forward position. If the heel of the right foot can contact the floor pan, follow the positioning procedure in S12.3.2(b)(1)(i). If not, follow the positioning procedure in S12.3.2(b)(1)(ii). (i) Rest the right foot of the test dummy on the un-depressed accelerator pedal with the rearmost point of the heel on the floor pan in the plane of the pedal. If the foot cannot be placed on the accelerator pedal, set it initially perpendicular to the leg and then place it as far forward as possible in the direction of the pedal centerline with the rearmost point of the heel resting on the floor pan. If the vehicle has an adjustable accelerator pedal and the right foot is not touching the accelerator pedal when positioned as above, move the pedal rearward until it touches the right foot. If the accelerator pedal in the full rearward position still does not touch the foot, leave the pedal in that position. (ii) Extend the foot and lower leg by decreasing the knee flexion angle until any part of the foot contacts the un-depressed accelerator pedal or the highest part of the foot is at the same height as the highest part of the pedal. If the vehicle has an adjustable accelerator pedal and the right foot is not touching the accelerator pedal when positioned as above, move the pedal rearward until it touches the right foot. (2) If the ball of the foot does not contact the pedal, increase the ankle plantar flexion angle such that the toe of the foot contacts or is as close as possible to contact with the un-depressed accelerator pedal. (3) If, in its final position, the heel is off of the vehicle floor, a spacer block is used under the heel to support the final foot position. The surface of the block in contact with the heel has an inclination of 30 degrees, measured from the horizontal, with the highest surface towards the rear of the vehicle. (4) Place the left foot on the toe-board with the rearmost point of the heel resting on the floor pan as close as possible to the point of intersection of the planes described by the toe-board and floor pan, and not on or in contact with the vehicle's brake pedal, clutch pedal, wheel-well projection or foot rest, except as provided in S12.3.2(b)(6). (5) If the left foot cannot be positioned on the toe board, place the foot perpendicular to the lower leg centerline as far forward as possible with the heel resting on the floor pan. (6) If the left foot does not contact the floor pan, place the foot parallel to the floor and place the leg as perpendicular to the thigh as possible. If necessary to avoid contact with the vehicle's brake pedal, clutch pedal, wheel-well, or foot rest, use the three foot position adjustments listed in S12.3.2(b)(6)(i) through (iii). The adjustment options are listed in priority order, with each subsequent option incorporating the previous. In making each adjustment, move the foot the minimum distance necessary to avoid contact. If it is not possible to avoid all prohibited foot contact, priority is given to avoiding brake or clutch pedal contact: (i) Rotate (abduction/adduction) the test dummy's left foot about the lower leg; (ii) Planar flex the foot; (iii) Rotate the left leg outboard about the hip. (c) Driver arm/hand positioning. Place the dummy's upper arm such that the angle between the projection of the arm centerline on the midsagittal plane of the dummy and the torso reference line is 45[deg] 5[deg]. The torso reference line is defined as the thoracic spine centerline. The shoulder-arm joint allows for discrete arm positions at 0, 45, 90, 135, and 180 degree settings where positive is forward of the spine. S12.3.3 5th percentile female front passenger dummy positioning. (a) Passenger torso/head/seat back angle positioning. [[Page 980]] (1) With the seat at the mid-height in the full-forward position determined in S10.3.2, use only the control that primarily moves the seat fore and aft to place the seat in the rearmost position, without adjusting independent height controls. If the seat cushion reference line angle automatically changes as the seat is moved from the full forward position, maintain, as closely as possible, the seat cushion reference line angle determined in S10.3.2.3.3, for the final forward position when measuring the pelvic angle as specified in S12.3.3(a)(11). The seat cushion reference line angle position may be achieved through the use of any seat or seat cushion adjustments other than that which primarily moves the seat or seat cushion fore-aft. (2) Fully recline the seat back, if adjustable. Place the dummy into any passenger seat, such that when the legs are positioned 120 degrees to the thighs, the calves of the legs are not touching the seat cushion. (3) Bucket seats. Place the dummy on the seat cushion so that its midsagittal plane is vertical and passes through the SgRP within 10 mm (0.4 in). (4) Bench seats. Position the midsagittal plane of the dummy vertical and parallel to the vehicle's longitudinal centerline and the same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the midsagittal plane of the driver dummy, if there is a driver's seating position. Otherwise, the midsagittal plane of any front outboard passenger dummy shall be vertical, parallel to the vehicle's longitudinal centerline, and pass, within 10 mm (0.4 in), through the seating reference point of the seating that it occupies. (5) Hold the dummy's thighs down and push rearward on the upper torso to maximize the dummy's pelvic angle. (6) Place the legs at 120 degrees to the thighs. Set the initial transverse distance between the longitudinal centerlines at the front of the dummy's knees at 160 to 170 mm (6.3 to 6.7 in), with the thighs and legs of the dummy in vertical planes. Push rearward on the dummy's knees to force the pelvis into the seat so there is no gap between the pelvis and the seat back or until contact occurs between the back of the dummy's calves and the front of the seat cushion. (7) Gently rock the upper torso relative to the lower torso laterally in a side to side motion three times through a 5 degree arc (approximately 51 mm (2 in) side to side). (8) If needed, extend the legs slightly so that the feet are not in contact with the floor pan. Let the thighs rest on the seat cushion to the extent permitted by the foot movement. With the feet perpendicular to the legs, place the heels on the floor pan. If a heel will not contact the floor pan, place it as close to the floor pan as possible. Using only the control that primarily moves the seat fore and aft, attempt to return the seat to the full forward position. If a dummy leg contacts the vehicle interior before the full forward position is attained, position the seat at the next detent where there is no contact. If the seats are power seats, position the seat to avoid contact while assuring that there is a maximum of 5 mm (0.2 in) distance between the vehicle interior and the point on the dummy that would first contact the vehicle interior. (9) Head leveling. (i) Vehicles with fixed seat backs. Adjust the lower neck bracket to level the transverse instrumentation platform angle of the head to within 0.5 degrees. If it is not possible to level the transverse instrumentation platform to within 0.5 degrees, select the neck bracket adjustment position that minimizes the difference between the transverse instrumentation platform angle and level. (ii) Vehicles with adjustable seat backs. While holding the thighs in place, rotate the seat back forward until the transverse instrumentation platform angle of the head is level to within 0.5 degrees, making sure that the pelvis does not interfere with the seat bight. If it is not possible to level the transverse instrumentation platform to within 0.5 degrees, select the seat back adjustment position that minimizes the difference between the transverse instrumentation platform angle and level, then adjust the neck bracket to level the transverse instrumentation platform angle to within 0.5 degrees if [[Page 981]] possible. If it is still not possible to level the transverse instrumentation platform to within 0.5 degrees, select the neck bracket angle position that minimizes the difference between the transverse instrumentation platform angle and level. (10) Measure and set the dummy's pelvic angle using the pelvic angle gage. The angle is set to 20.0 degrees 2.5 degrees. If this is not possible, adjust the pelvic angle as close to 20.0 degrees as possible while keeping the transverse instrumentation platform of the head as level as possible by adjustments specified in S12.3.2(a)(9). (11) If the dummy is contacting the vehicle interior after these adjustments, move the seat rearward until there is a maximum of 5 mm (0.2 in) between the contact point of the dummy and the interior of the vehicle or if it has a manual seat adjustment, to the next rearward detent position. If after these adjustments, the dummy contact point is more than 5 mm (0.2 in) from the vehicle interior and the seat is still not in its forwardmost position, move the seat forward until the contact point is 5 mm (0.2 in) or less from the vehicle interior, or if it has a manual seat adjustment, move the seat to the closest detent position without making contact, or until the seat reaches its forwardmost position, whichever occurs first. (b) Passenger foot positioning. (1) Place the front passenger's feet flat on the toe board. (2) If the feet cannot be placed flat on the toe board, set them perpendicular to the leg center lines and place them as far forward as possible with the heels resting on the floor pan. (3) If either foot does not contact the floor pan, place the foot parallel to the floor pan and place the lower leg as perpendicular to the thigh as possible. (c) Passenger arm/hand positioning. Place the dummy's upper arm such that the angle between the projection of the arm centerline on the midsagittal plane of the dummy and the torso reference line is 45[deg] 5[deg]. The torso reference line is defined as the thoracic spine centerline. The shoulder-arm joint allows for discrete arm positions at 0, 45, 90, 135, and 180 degree settings where positive is forward of the spine. S12.3.4 5th percentile female in rear outboard seating positions. (a) Set the rear outboard seat at the full rearward, full down position determined in S8.3.3. (b) Fully recline the seat back, if adjustable. Install the dummy into the passenger's seat, such that when the legs are 120 degrees to the thighs, the calves of the legs are not touching the seat cushion. (c) Place the dummy on the seat cushion so that its midsagittal plane is vertical and coincides with the vertical longitudinal plane through the center of the seating position SgRP within 10 mm (0.4 in). (d) Hold the dummy's thighs down and push rearward on the upper torso to maximize the dummy's pelvic angle. (e) Place the legs at 120 degrees to the thighs. Set the initial transverse distance between the longitudinal centerlines at the front of the dummy's knees at 160 to 170 mm (6.3 to 6.7 in), with the thighs and legs of the dummy in vertical planes. Push rearward on the dummy's knees to force the pelvis into the seat so there is no gap between the pelvis and the seat back or until contact occurs between the back of the dummy's calves and the front of the seat cushion. (f) Gently rock the upper torso laterally side to side three times through a 5 degree arc (approximately 51 mm (2 in) side to side). (g) If needed, extend the legs slightly so that the feet are not in contact with the floor pan. Let the thighs rest on the seat cushion to the extent permitted by the foot movement. With the feet perpendicular to the legs, place the heels on the floor pan. If a heel will not contact the floor pan, place it as close to the floor pan as possible. (h) Head leveling. (1) Vehicles with fixed seat backs. Adjust the lower neck bracket to level the transverse instrumentation platform angle of the head to within 0.5 degrees. If it is not possible to level the transverse instrumentation platform to within 0.5 degrees, select the neck [[Page 982]] bracket adjustment position that minimizes the difference between the transverse instrumentation platform angle and level. (2) Vehicles with adjustable seat backs. While holding the thighs in place, rotate the seat back forward until the transverse instrumentation platform angle of the head is level to within 0.5 degrees, making sure that the pelvis does not interfere with the seat bight. If it is not possible to level the transverse instrumentation platform to within 0.5 degrees, select the seat back adjustment position that minimizes the difference between the transverse instrumentation platform angle and level, then adjust the neck bracket to level the transverse instrumentation platform angle to within 0.5 degrees if possible. If it is still not possible to level the transverse instrumentation platform to within 0.5 degrees, select the neck bracket angle position that minimizes the difference between the transverse instrumentation platform angle and level. (i) [Reserved] (j) Measure and set the dummy's pelvic angle using the pelvic angle gauge. The angle is set to 20.0 degrees 2.5 degrees. If this is not possible, adjust the pelvic angle as close to 20.0 degrees as possible while keeping the transverse instrumentation platform of the head as level as possible, as specified in S12.3.4(h). (k) Passenger foot positioning. (1) Place the rear seat passenger's feet flat on the floor pan and beneath the front seat as far as possible without front seat interference. (2) If either foot does not contact the floor pan, place the foot parallel to the floor and place the leg as perpendicular to the thigh as possible. (l) Passenger arm/hand positioning. Place the rear dummy's upper arm such that the angle between the projection of the arm centerline on the midsagittal plane of the dummy and the torso reference line is 45[deg] 5[deg]. The torso reference line is defined as the thoracic spine centerline. The shoulder-arm joint allows for discrete arm positions at 0, 45, 90, 135, and 180 degree settings where positive is forward of the spine. S13 Phase-in of moving deformable barrier and vehicle-to-pole performance requirements. S13.1 Vehicles manufactured on or after September 1, 2010 and before September 1, 2014. At anytime during the production years ending August 31, 2011, August 31, 2012, August 31, 2013, and August 31, 2014, each manufacturer shall, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model and vehicle identification number) that have been certified as complying with the moving deformable barrier test with advanced test dummies (S7.2), or the vehicles (by make, model and vehicle identification number) that have been certified as complying with the vehicle-to-pole test requirements (S9.1) of this standard. The manufacturer's designation of a vehicle as a certified vehicle meeting S7.2 or S9.1 is irrevocable. S13.1.1 Vehicles manufactured on or after September 1, 2010 and before September 1, 2011. (a) Subject to S13.4, for vehicles manufactured on or after September 1, 2010 and before September 1, 2011, the number of vehicles complying with S7.2 shall be not less than 20 percent of: (1) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (2) The manufacturer's production in the current production year. (b) Subject to S13.4, for vehicles manufactured on or after September 1, 2010 and before September 1, 2011, the number of vehicles complying with S9.1 shall be not less than 20 percent of: (1) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (2) The manufacturer's production in the current production year. S13.1.2 Vehicles manufactured on or after September 1, 2011 and before September 1, 2012. (a) Subject to S13.4, for vehicles manufactured on or after September 1, 2011 and before September 1, 2012, the number of vehicles complying with S7.2 shall be not less than 40 percent of: [[Page 983]] (1) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (2) The manufacturer's production in the current production year. (b) Subject to S13.4, for vehicles manufactured on or after September 1, 2011 and before September 1, 2012, the number of vehicles complying with S9.1 shall be not less than 40 percent of: (1) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (2) The manufacturer's production in the current production year. S13.1.3 Vehicles manufactured on or after September 1, 2012 and before September 1, 2013. (a) Subject to S13.4, for vehicles manufactured on or after September 1, 2012 and before September 1, 2013, the number of vehicles complying with S7.2 shall be not less than 60 percent of: (1) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (2) The manufacturer's production in the current production year. (b) Subject to S13.4, for vehicles manufactured on or after September 1, 2012 and before September 1, 2013, the number of vehicles complying with S9.1 shall be not less than 60 percent of: (1) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (2) The manufacturer's production in the current production year. S13.1.4 Vehicles manufactured on or after September 1, 2013 and before September 1, 2014. (a) Subject to S13.4, for vehicles manufactured on or after September 1, 2013 and before September 1, 2014, the number of vehicles complying with S7.2 shall be not less than 80 percent of: (1) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (2) The manufacturer's production in the current production year. (b) Subject to S13.4, for vehicles manufactured on or after September 1, 2013 and before September 1, 2014, the number of vehicles complying with S9.1 shall be not less than 80 percent of: (1) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (2) The manufacturer's production in the current production year. S13.2 Vehicles produced by more than one manufacturer. S13.2.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S13.1.1 and S13.1.2, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S13.2.2. (a) A vehicle that is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S13.2.2 A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S13.2.1. S13.3(a) For the purposes of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S13.1.1(a), S13.1.2(a), S13.1.3(a), and S13.1.4(a), do not count any vehicle that is excluded by Standard No. 214 from the moving deformable barrier test with the ES-2re or SID-IIs test dummies (S7.2). (b) For the purposes of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S13.1.1(b), S13.1.2(b), S13.1.3(b), and S13.1.4(b), do not count any vehicle that is excluded by Standard No. 214 from the vehicle-to-pole test (S9). S13.4 Calculation of complying vehicles. (a) For the purposes of calculating the vehicles complying with S13.1.1, a [[Page 984]] manufacturer may count a vehicle if it is manufactured on or after October 11, 2007 but before September 1, 2011. (b) For purposes of complying with S13.1.2, a manufacturer may count a vehicle if it-- (1) Is manufactured on or after October 11, 2007 but before September 1, 2012 and, (2) Is not counted toward compliance with S13.1.1. (c) For purposes of complying with S13.1.3, a manufacturer may count a vehicle if it-- (1) Is manufactured on or after October 11, 2007 but before September 1, 2013 and, (2) Is not counted toward compliance with S13.1.1 or S13.1.2. (d) For purposes of complying with S13.1.4, a manufacturer may count a vehicle if it-- (1) Is manufactured on or after October 11, 2007 but before September 1, 2014 and, (2) Is not counted toward compliance with S13.1.1, S13.1.2, or S13.1.3. (e) For the purposes of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer, each vehicle that is excluded from having to meet the applicable requirement is not counted. [72 FR 51957, Sept. 11, 2007, as amended at 73 FR 32483, June 9, 2008; 75 FR 12139, Mar. 15, 2010; 77 FR 767, Jan. 6, 2012; 76 FR 52884, Aug. 24, 2011; 77 FR 70914, Nov. 28, 2012; 85 FR 85535, Dec. 29, 2020; 87 FR 39310, June 30, 2022; 87 FR 18597, Mar. 30, 2022] Sec. 571.215 [Reserved] Sec. 571.216 Standard No. 216; Roof crush resistance; Applicable unless a vehicle is certified to Sec. 571.216a. S1. Scope. This standard establishes strength requirements for the passenger compartment roof. S2. Purpose. The purpose of this standard is to reduce deaths and injuries due to the crushing of the roof into the occupant compartment in rollover crashes. S3. Application. (a) This standard applies to passenger cars, and to multipurpose passenger vehicles, trucks and buses with a GVWR of 2,722 kilograms (6,000 pounds) or less. However, it does not apply to-- (a) School buses; (b) Vehicles that conform to the rollover test requirements (S5.3) of Standard No. 208 (Sec. 571.208) by means that require no action by vehicle occupants; (c) Convertibles, except for optional compliance with the standard as an alternative to the rollover test requirements in S5.3 of Standard No. 208; or (d) Vehicles certified to comply with Sec. 571.216a. S4. Definitions. Altered roof means the replacement roof on a motor vehicle whose original roof has been removed, in part or in total, and replaced by a roof that is higher than the original roof. The replacement roof on a motor vehicle whose original roof has been replaced, in whole or in part, by a roof that consists of glazing materials, such as those in T- tops and sunroofs, and is located at the level of the original roof, is not considered to be an altered roof. Raised roof means, with respect to a roof which includes an area that protrudes above the surrounding exterior roof structure, that protruding area of the roof. Roof over the front seat area means the portion of the roof, including windshield trim, forward of a transverse vertical plane passing through a point 162 mm rearward of the SgRP of the rearmost front outboard seating position. Windshield trim means molding of any material between the windshield glazing and the exterior roof surface, including material that covers a part of either the windshield glazing or exterior roof surface. S5. Requirements. Subject to S5.1, when the test device described in S6 is used to apply a force to either side of the forward edge of a vehicle's roof in accordance with the procedures of S7, the lower surface of the test device must not move more than 127 millimeters. The applied force in Newtons is equal to 1.5 times the unloaded vehicle weight of the vehicle, measured in kilograms and multiplied by 9.8, but does not exceed 22,240 Newtons for passenger cars. Both the left and right front portions of the vehicle's roof structure must be capable of meeting the requirements. A particular vehicle [[Page 985]] need not meet further requirements after being tested at one location. S5.1 For multipurpose passenger vehicles, trucks and buses that have a raised roof or altered roof, manufacturers have the option of using the test procedures of S8 instead of the procedures of S7 until October 25, 2000. The option of using the test procedures of S8 ceases to be available on that date. S6. Test device. The test device is a rigid unyielding block whose lower surface is a flat rectangle measuring 762 millimeters by 1,829 millimeters. S7. Test procedure. Each vehicle must be capable of meeting the requirements of S5 when tested in accordance with the procedure in S7.1 through 7.6. S7.1 Place the sills or the chassis frame of the vehicle on a rigid horizontal surface, fix the vehicle rigidly in position, close all windows, close and lock all doors, and secure any convertible top or removable roof structure in place over the occupant compartment. Remove roof racks or other non-structural components. S7.2 Orient the test device as shown in Figure 1 of this section, so that-- (a) Its longitudinal axis is at a forward angle (in side view) of 5 degrees below the horizontal, and is parallel to the vertical plane through the vehicle's longitudinal centerline; (b) Its transverse axis is at an outboard angle, in the front view projection, of 25 degrees below the horizontal. S7.3 Maintaining the orientation specified in S7.2-- (a) Lower the test device until it initially makes contact with the roof of the vehicle. (b) Position the test device so that-- (1) The longitudinal centerline on its lower surface is on the initial point of contact, or on the center of the initial contact area, with the roof; and (2) Except as specified in S7.4, the midpoint of the forward edge of the lower surface of the test device is within 10 mm of the transverse vertical plane 254 mm forward of the forwardmost point on the exterior surface of the roof, including windshield trim, that lies in the longitudinal vertical plane passing through the vehicle's longitudinal centerline. S7.4 If the vehicle being tested is a multipurpose passenger vehicle, truck, or bus that has a raised roof or altered roof, and the initial contact point of the test device is on the raised roof or altered roof to the rear of the roof over the front seat area, the plate is positioned so that the midpoint of the rearward edge of the lower surface of the test device is within 10 mm of the transverse vertical plane located at the rear of the roof over the front seat area. S7.5 Apply force so that the test device moves in a downward direction perpendicular to the lower surface of the test device at a rate of not more than 13 millimeters per second until reaching the force level specified in S5. Guide the test device so that throughout the test it moves, without rotation, in a straight line with its lower surface oriented as specified in S7.2(a) and S7.2(b). Complete the test within 120 seconds. S7.6 Measure the distance that the test device moved, i.e., the distance between the original location of the lower surface of the test device and its location as the force level specified in S5 is reached. S8 Alternate test procedure for multipurpose passenger vehicles, trucks and buses that have a raised roof or altered roof manufactured until October 25, 2000 (see S5.1). Each vehicle shall be capable of meeting the requirements of S5 when tested in accordance with the following procedure. S8.1 Place the sills or the chassis frame of the vehicle on a rigid horizontal surface, fix the vehicle rigidly in position, close all windows, close and lock all doors, and secure any convertible top or removable roof structure in place over the passenger compartment. S8.2 Orient the test device as shown in Figure 2, so that-- (a) Its longitudinal axis is at a forward angle (side view) of 5[deg] below the horizontal, and is parallel to the vertical plane through the vehicle's longitudinal centerline; (b) Its lateral axis is at a lateral outboard angle, in the front view projection, of 25[deg] below the horizontal; (c) Its lower surface is tangent to the surface of the vehicle; and (d) The initial contact point, or center of the initial contact area, is on the longitudinal centerline of the lower [[Page 986]] surface of the test device and 254 millimeters from the forwardmost point of that centerline. S8.3 Apply force in a downward direction perpendicular to the lower surface of the test device at a rate of not more than 13 millimeters per second until reaching a force in Newtons of 1\1/2\ times the unloaded vehicle weight of the tested vehicle, measured in kilograms and multiplied by 9.8. Complete the test within 120 seconds. Guide the test device so that throughout the test it moves, without rotation, in a straight line with its lower surface oriented as specified in S8.2(a) through S8.2(d). S8.4 Measure the distance that the test device moves, i.e., the distance between the original location of the lower surface of the test device and its location as the force level specified in S8.3 is reached. [[Page 987]] Figure 1 to Sec. 571.216 [GRAPHIC] [TIFF OMITTED] TR27AP99.032 [[Page 988]] Figure 2 to Sec. 571.216 [GRAPHIC] [TIFF OMITTED] TR31JA00.089 [36 FR 23300, Dec. 8, 1971, as amended at 38 FR 21930, Aug. 14, 1973; 56 FR 15517, Apr. 17, 1991; 58 FR 5633, Jan. 22, 1993; 60 FR 13647, Mar. 14, 1995; 64 FR 22578, Apr. 27, 1999; 65 FR 4581, Jan. 31, 2000; 74 FR 22384, May 12, 2009] Editorial Note: At 74 FR 22384, May 12, 2009, Sec. 571.216 was amended by revising S3; however, the amendment included two paragraphs (a). Sec. 571.216a Standard No. 216a; Roof crush resistance; Upgraded standard. S1. Scope. This standard establishes strength requirements for the passenger compartment roof. S2. Purpose. The purpose of this standard is to reduce deaths and injuries due to the crushing of the roof into the occupant compartment in rollover crashes. S3 Application and selection of compliance options. S3.1 Application. (a) This standard applies to passenger cars, and to multipurpose passenger vehicles, trucks designed to carry at least one person, and buses with a GVWR of 4,536 kilograms (10,000 pounds) or less, according to the implementation schedule specified in S8 and S9 of this section. However, it does not apply to-- (1) School buses; (2) Vehicles that conform to the rollover test requirements (S5.3) of Standard No. 208 (Sec. 571.208) by means that require no action by vehicle occupants; (3) Convertibles, except for optional compliance with the standard as an alternative to the rollover test requirement (S5.3) of Standard No. 208; or (4) Trucks built in two or more stages with a GVWR greater than 2,722 kilograms (6,000 pounds) not built using a chassis cab or using an incomplete vehicle with a full exterior van body. (b) At the option of the manufacturer, vehicles within either of the following categories may comply with the roof crush requirements (S4) of Standard No. 220 (Sec. 571.220) instead of the requirements of this standard: (1) Vehicles built in two or more stages, other than vehicles built using a chassis cab; (2) Vehicles with a GVWR greater than 2,722 kilograms (6,000 pounds) that have an altered roof as defined by S4 of this section. [[Page 989]] (c) Manufacturers may comply with the standard in this Sec. 571.216a as an alternative to Sec. 571.216. S3.2 Selection of compliance option. Where manufacturer options are specified, the manufacturer shall select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle. Each manufacturer shall, upon the request from the National Highway Traffic Safety Administration, provide information regarding which of the compliance options it selected for a particular vehicle or make/model. S4. Definitions. Altered roof means the replacement roof on a motor vehicle whose original roof has been removed, in part or in total, and replaced by a roof that is higher than the original roof. The replacement roof on a motor vehicle whose original roof has been replaced, in whole or in part, by a roof that consists of glazing materials, such as those in T- tops and sunroofs, and is located at the level of the original roof, is not considered to be an altered roof. Convertible means a vehicle whose A-pillars are not joined with the B-pillars (or rearmost pillars) by a fixed, rigid structural member. S5. Requirements. S5.1 When the test device described in S6 is used to apply a force to a vehicle's roof in accordance with S7, first to one side of the roof and then to the other side of the roof: (a) The lower surface of the test device must not move more than 127 millimeters, and (b) No load greater than 222 Newtons (50 pounds) may be applied to the head form specified in S5.2 of 49 CFR 571.201 located at the head position of a 50th percentile adult male in accordance with S7.2 of this section. S5.2 The maximum applied force to the vehicle's roof in Newtons is: (a) For vehicles with a GVWR of 2,722 kilograms (6,000 pounds) or less, any value up to and including 3.0 times the unloaded vehicle weight of the vehicle, measured in kilograms and multiplied by 9.8, and (b) For vehicles with a GVWR greater than 2,722 kilograms (6,000 pounds), any value up to and including 1.5 times the unloaded vehicle weight of the vehicle, measured in kilograms and multiplied by 9.8. S6. Test device. The test device is a rigid unyielding block whose lower surface is a flat rectangle measuring 762 millimeters by 1,829 millimeters. S7. Test procedure. Each vehicle must be capable of meeting the requirements of S5 when tested in accordance with the procedure in S7.1 through S7.6. S7.1 Support the vehicle off its suspension and rigidly secure the sills and the chassis frame (when applicable) of the vehicle on a rigid horizontal surface(s) at a longitudinal attitude of 0 degrees 0.5 degrees. Measure the longitudinal vehicle attitude along both the left and right front sill. Determine the lateral vehicle attitude by measuring the vertical distance between a level surface and a standard reference point on the bottom of the left and right front side sills. The difference between the vertical distance measured on the left front side and the right front side sills is not more than 10 mm. Close all windows, close and lock all doors, and close and secure any moveable roof panel, moveable shade, or removable roof structure in place over the occupant compartment. Remove roof racks or other non-structural components. For a vehicle built on a chassis-cab incomplete vehicle that has some portion of the added body structure above the height of the incomplete vehicle, remove the entire added body structure prior to testing (the vehicle's unloaded vehicle weight as specified in S5 includes the weight of the added body structure). S7.2 Adjust the seats in accordance with S8.3.1 of 49 CFR 571.214. Position the top center of the head form specified in S5.2 of 49 CFR 571.201 at the location of the top center of the Head Restraint Measurement Device (HRMD) specified in 49 CFR 571.202a, in the front outboard designated seating position on the side of the vehicle being tested as follows: (a) Position the three dimensional manikin specified in SAE Standard J826 JUL95 (incorporated by reference, see Sec. 571.5), in accordance to the seating procedure specified in that document, except that the length of the lower leg [[Page 990]] and thigh segments of the H-point machine are adjusted to 414 and 401 millimeters, respectively, instead of the 50th percentile values specified in Table 1 of SAE J826 JUL95. (b) Remove four torso weights from the three-dimensional manikin specified in SAE J826 (July 1995) (two from the left side and two from the right side), replace with two HRMD torso weights (one on each side), and attach and level the HRMD head form. (c) Mark the location of the top center of the HRMD in three dimensional space to locate the top center of the head form specified in S5.2 of 49 CFR 571.201. S7.3 Orient the test device as shown in Figure 1 of this section, so that-- (a) Its longitudinal axis is at a forward angle (in side view) of 5 degrees (0.5 degrees) below the horizontal, and is parallel to the vertical plane through the vehicle's longitudinal centerline; (b) Its transverse axis is at an outboard angle, in the front view projection, of 25 degrees below the horizontal (0.5 degrees). S7.4 Maintaining the orientation specified in S7.3 of this section-- (a) Lower the test device until it initially makes contact with the roof of the vehicle. (b) Position the test device so that-- (1) The longitudinal centerline on its lower surface is within 10 mm of the initial point of contact, or on the center of the initial contact area, with the roof; and (2) The midpoint of the forward edge of the lower surface of the test device is within 10 mm of the transverse vertical plane 254 mm forward of the forwardmost point on the exterior surface of the roof, including windshield trim, that lies in the longitudinal vertical plane passing through the vehicle's longitudinal centerline. S7.5 Apply force so that the test device moves in a downward direction perpendicular to the lower surface of the test device at a rate of not more than 13 millimeters per second until reaching the force level specified in S5. Guide the test device so that throughout the test it moves, without rotation, in a straight line with its lower surface oriented as specified in S7.3(a) and S7.3(b). Complete the test within 120 seconds. S7.6 Repeat the test on the other side of the vehicle. S8. Phase-in schedule for vehicles with a GVWR of 2,722 kilograms (6,000 pounds) or less. S8.1 Vehicles manufactured on or after September 1, 2012, and before September 1, 2013. For vehicles manufactured on or after September 1, 2012, and before September 1, 2013, the number of vehicles complying with this standard must not be less than 25 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2009, and before September 1, 2012; or (b) The manufacturer's production on or after September 1, 2012, and before September 1, 2013. S8.2 Vehicles manufactured on or after September 1, 2013, and before September 1, 2014. For vehicles manufactured on or after September 1, 2013, and before September 1, 2014, the number of vehicles complying with this standard must not be less than 50 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2010, and before September 1, 2013; or (b) The manufacturer's production on or after September 1, 2013, and before September 1, 2014. S8.3 Vehicles manufactured on or after September 1, 2014, and before September 1, 2015. For vehicles manufactured on or after September 1, 2014, and before September 1, 2015, the number of vehicles complying with this standard must not be less than 75 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2011, and before September 1, 2014; or (b) The manufacturer's production on or after September 1, 2014, and before September 1, 2015. S8.4 Vehicles manufactured on or after September 1, 2015. Except as provided in S8.8, each vehicle manufactured on or after September 1, 2015 must comply with this standard. S8.5 Calculation of complying vehicles. (a) For purpose of complying with S8.1, a manufacturer may count a vehicle if it is certified as complying with this standard and is manufactured on [[Page 991]] or after September 1, 2012, but before September 1, 2013. (b) For purposes of complying with S8.2, a manufacturer may count a vehicle if it: (1) Is certified as complying with this standard and is manufactured on or after September 1, 2012, but before September 1, 2014; and (2) Is not counted toward compliance with S8.1. (c) For purposes of complying with S8.3, a manufacturer may count a vehicle if it: (1) Is certified as complying with this standard and is manufactured on or after September 1, 2012, but before September 1, 2015; and (2) Is not counted toward compliance with S8.1 or S8.2. S8.6 Vehicles produced by more than one manufacturer. S8.6.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S8.1 through S8.3, a vehicle produced by more than one manufacturer must be attributed to a single manufacturer as follows, subject to S8.6.2: (a) A vehicle that is imported must be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, must be attributed to the manufacturer that markets the vehicle. S8.6.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR Part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S8.6.1. S8.7 Small volume manufacturers. Vehicles manufactured during any of the three years of the September 1, 2012 through August 31, 2015 phase- in by a manufacturer that produces fewer than 5,000 vehicles for sale in the United States during that year are not subject to the requirements of S8.1, S8.2, and S8.3. S8.8 Final-stage manufacturers and alterers. Vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having previously been certified in accordance with Part 567 of this chapter are not subject to the requirements of S8.1 through S8.3. Instead, all vehicles produced by these manufacturers on or after September 1, 2016 must comply with this standard. S9 Vehicles with a GVWR above 2,722 kilograms (6,000 pounds). (a) Except as provided in S9(b), each vehicle manufactured on or after September 1, 2016 must comply with this standard. (b) Vehicles that are manufactured in two or more stages or that are altered (within the meaning of 49 CFR 567.7) after having previously been certified in accordance with part 567 of this chapter are not subject to the requirements of S8.1 through S8.3. Instead, all vehicles produced by these manufacturers on or after September 1, 2017 must comply with this standard. [[Page 992]] [GRAPHIC] [TIFF OMITTED] TR12MY09.063 [[Page 993]] [74 FR 22384, May 12, 2009, as amended at 75 FR 17605, Apr. 7, 2010; 77 FR 768, Jan. 6, 2012; 87 FR 18599, Mar. 30, 2022] Sec. 571.217 Standard No. 217; Bus emergency exits and window retention and release. S1. Scope. This standard establishes requirements for the retention of windows other than windshields in buses, and establishes operating forces, opening dimensions, and markings for bus emergency exits. S2. Purpose. The purpose of this standard is to minimize the likelihood of occupants being thrown from the bus and to provide a means of readily accessible emergency egress. S3. Application. This standard applies to buses, except buses manufactured for the purpose of transporting persons under physical restraint. S4. Definitions. Adjacent seat means a designated seating position located so that some portion of its occupant space is not more than 10 inches from an emergency exit, for a distance of at least 15 inches measured horizontally and parallel to the exit. Daylight opening means the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening. Mid-point of the passenger compartment means any point on a vertical transverse plane bisecting the vehicle longitudinal centerline that extends between the two vertical transverse planes which define the foremost and rearmost limits of the passenger compartment. Occupant space means the space directly above the seat and footwell, bounded vertically by the ceiling and horizontally by the normally positioned seat back and the nearest obstruction of occupant motion in the direction the seat faces. Passenger compartment means space within the school bus interior that is between a vertical transverse plane located 76 centimeters in front of the forwardmost passenger seating reference point and a vertical transverse plane tangent to the rear interior wall of the bus at the vehicle centerline. Post and roof bow panel space means the area between two adjacent post and roof bows. Push-out window means a vehicle window designed to open outward to provide for emergency egress. Sliding window means a bus window designed to open by moving vertically or horizontally to provide emergency egress. Wheelchair means a wheeled seat frame for the support and conveyance of a physically disabled person, comprising at least a frame, seat, and wheels. Wheelchair securement anchorage means the provision for transferring wheelchair securement device loads to the vehicle structure. Wheelchair securement device means a strap, webbing or other device used for securing a wheelchair to the school bus, including all necessary buckles and other fasteners. S5. Requirements. S5.1 Window retention. Except as provided in S5.1.2, each piece of window glazing and each surrounding window frame when tested in accordance with the procedure in S5.1.1 under the conditions of S6.1 through S6.3, shall be retained by its surrounding structure in a manner that prevents the formation of any opening large enough to admit the passage of a 4-inch diameter sphere under a force, including the weight of the sphere, of 5 pounds until any one of the following events occurs: (a) A force of 1,200 pounds is reached. (b) At least 80 percent of the glazing thickness has developed cracks running from the load contact region to the periphery at two or more points, or shattering of the glazing occurs. (c) The inner surface of the glazing at the center of force application has moved relative to the window frame, along a line perpendicular to the undisturbed inner surface, a distance equal to one- half of the square root of the minimum surface dimension measured through the center of the area of the entire sheet of window glazing. S5.1.1 An increasing force shall be applied to the window glazing through the head form specified in Figure 4, outward and perpendicular to the undisturbed inside surface at the center of the area of each sheet of window glazing, with a head form travel of 2 inches per minute. [[Page 994]] S5.1.2 The requirements of this standard do not apply to a window whose minimum surface dimension measured through the center of its area is less than 8 inches. S5.2 Provision of emergency exits. S5.2.1 Buses other than school buses shall meet the requirements of either S5.2.2 or S5.2.3. School buses shall meet the requirements of S5.2.3. S5.2.1.1 A bus with GVWR of more than 10,000 pounds may satisfy the unobstructed openings requirement by providing at least one side door for each three passenger seating positions in the vehicle. S5.2.2 Buses other than school buses. S5.2.2.1 Buses other than school buses shall provide unobstructed openings for emergency exit which collectively amount, in total square centimeters, to at least 432 times the number of designated seating positions on the bus. At least 40 percent of the total required area of unobstructed openings, computed in the above manner, shall be provided on each side of a bus. However, in determining the total unobstructed openings provided by a bus, no emergency exit, regardless of its area, shall be credited with more than 3,458 square centimeters of the total area requirement. S5.2.2.2 Buses with GVWR of more than 10,000 pounds. Buses with a GVWR of more than 10,000 pounds shall meet the unobstructed openings requirements in S5.2.2.1 by providing side exits and at least one rear exit that conforms to S5.3 through S5.5. The rear exit shall meet the requirements of S5.3 through S5.5 when the bus is upright and when the bus is overturned on either side, with the occupant standing facing the exit. When the bus configuration precludes installation of an accessible rear exit, a roof exit that meets the requirements of S5.3 through S5.5 when the bus is overturned on either side, with the occupant standing facing the exit, shall be provided in the rear half of the bus. S5.2.2.3 Buses with GVWR of 10,000 pounds or less. Buses other than school buses with GVWR of 10,000 pounds or less may meet the unobstructed openings requirement in S5.2.2.1 by providing: (a) Devices that meet the requirements of S5.3 through S5.5 without using remote controls or central power systems; (b) Windows that can be opened manually to a position that provides an opening large enough to admit unobstructed passage, keeping a major axis horizontal at all times, of an ellipsoid generated by rotating about its minor axis an ellipse having a major axis of 50 centimeters and a minor axis of 33 centimeters; or (c) Doors. S5.2.3 School buses. Except as provided in S5.2.3.4, each school bus shall comply with S5.2.3.1 through S5.2.3.3. S5.2.3.1. Each school bus shall be equipped with the exits specified in either S5.2.3.1(a) or S5.2.3.1(b), chosen at the option of the manufacturer. (a) One rear emergency door that opens outward and is hinged on the right side (either side in the case of a bus with a GVWR of 10,000 pounds or less), and the additional exits, if any, specified by Table 1. (b) One emergency door on the vehicle's left side that is hinged on its forward side and meets the requirements of S5.2.3.2(a), and a push- out rear window that provides a minimum opening clearance 41 centimeters high and 122 centimeters wide and meets the requirements of S5.2.3.2(c), and the additional exits, if any, specified by Table 2. Table 1 ------------------------------------------------------------------------ Seating capacity Additional exits required * ------------------------------------------------------------------------ 1-45................................... None. 46-62.................................. 1 left side exit door or 2 exit windows. 63-70.................................. 1 left side exit door or 2 exit windows, and 1 roof exit. 71 and above........................... 1 left side exit door or 2 exit windows, and 1 roof exit, and any combination of door, roof, or windows such that the total capacity credit specified in Table 3 for these exits, plus 70, is greater than the seating capacity of the bus. ------------------------------------------------------------------------ * Side emergency exit doors must meet the requirements of S5.2.3.2(a), emergency roof exits must meet the requirements of S5.2.3.2(b), emergency window exits must meet the requirements of S5.2.3.2(c). Table 2 ------------------------------------------------------------------------ Seating capacity Additional exits required * ------------------------------------------------------------------------ 1-57................................... None. 58-74.................................. 1 right side exit door or 2 exit windows. [[Page 995]] 75-82.................................. 1 right side exit door or 2 exit windows, and 1 roof exit. 83 and above........................... 1 right side exit door or 2 windows, and 1 roof exit, and any combination of door, roof, or windows such that the total capacity credit specified in Table 3 for these exits plus 82 is greater than the capacity of the bus. ------------------------------------------------------------------------ * Side emergency exit doors must meet the requirements of S5.2.3.2(a), emergency roof exits must meet the requirements of S5.2.3.2(b), emergency window exits must meet the requirements of S5.2.3.2(c). Table 3 ------------------------------------------------------------------------ Capacity Exit Type Credit ------------------------------------------------------------------------ Side Door..................................................... 16 Window........................................................ 8 Roof Exit..................................................... 8 ------------------------------------------------------------------------ (c) The area of an opening equipped with a wheelchair lift may be credited toward the required additional exits if it meets the requirements of paragraphs (a) or (b) of S5.2.3.1 and if the lift folds or stows in such a manner that the area is available for use by persons not needing the lift. With the lift in the folded or stowed position, such opening is considered a side emergency exit door. S5.2.3.2 All emergency exits required by S5.2.3.1(a) and S5.2.3.1(b) shall meet the following criteria: (a) Side emergency exit doors. (1) Each side emergency exit door shall be hinged on its forward side. (2) The first side emergency exit door installed pursuant to Table 1, shall be located on the left side of the bus and as near as practicable to the mid-point of the passenger compartment. A second side emergency exit door installed pursuant to Table 1 shall be located on the right side of the bus. In the case of a bus equipped with three side emergency door exits pursuant to Table 1, the third shall be located on the left side of the bus. (3) The first side emergency exit door installed pursuant to Table 2 shall be located on the right side of the bus. A second side emergency door exit installed pursuant to Table 2 shall be located on the left side of the bus. In the case of a bus equipped with three side emergency door exits pursuant to Table 2, the third shall be located on the right side of the bus. (4) No two side emergency exit doors shall be located, in whole or in part, within the same post and roof bow panel space. (b) Emergency roof exit. (1) Each emergency roof exit shall be hinged on its forward side, and shall be operable from both inside and outside the vehicle. (2) In a bus equipped with a single emergency roof exit, the exit shall be located as near as practicable to the midpoint of the passenger compartment. (3) In a bus equipped with two emergency roof exits, one shall be located as near as practicable to a point equidistant between the midpoint of the passenger compartment and the foremost limit of the passenger compartment and the other shall be located as near as practicable to a point equidistant between the midpoint of the passenger compartment and the rearmost point of the passenger compartment. (4) In a bus equipped with three or more emergency roof exits, the roof exits shall be installed so that, to the extent practicable, the longitudinal distance between each pair of adjacent roof exits is the same and equal to the distance from the foremost point of the passenger compartment to the foremost roof exit and to the distance from the rearmost point of that compartment to the rearmost roof exit. (5) Except as provided in paragraph (b)(6) of this section, each emergency roof exit shall be installed with its longitudinal centerline coinciding with a longitudinal vertical plane passing through the longitudinal centerline of the school bus. (6) In a bus equipped with two or more emergency roof exits, for each roof exit offset from the longitudinal vertical plane specified in paragraph (b)(5) of this section, there shall be another roof exit offset from that plane an equal distance to the other side. (c) Emergency exit windows. A bus equipped with emergency exit windows shall have an even number of such windows, not counting the push-out rear window required by S5.2.3.1(b). Any side emergency exit windows shall be [[Page 996]] evenly divided between the right and left sides of the bus. School buses shall not be equipped with horizontally-sliding emergency exit windows. Further, except for buses equipped with rear push-out emergency exit windows in accordance with S5.2.3.1(b), school buses shall not be equipped with both sliding and push-out emergency exit windows. S5.2.3.3 The engine starting system of a bus shall not operate if any emergency exit is locked from either inside or outside the bus. For purposes of this requirement, ``locked'' means that the release mechanism cannot be activated and the exit opened by a person at the exit without a special device such as a key or special information such as a combination. S5.2.3.4 Each school bus manufactured before September 1, 1994 may, at the manufacturer's option, comply with either S5.2.3.4(a) or S5.2.3.4(b) instead of S5.2.3.1 through S5.2.3.3. (a) Each bus shall be equipped with one rear emergency door that opens outward and is hinged on the right side (either side in the case of a bus with a GVWR of 4,536 kilograms or less); or (b) Each bus shall be equipped with one emergency door on the vehicle's left side that is hinged on its forward side and meets the requirements of S5.2.3.2(a), and a push-out rear window that provides a minimum opening clearance 41 centimeters high and 122 centimeters wide and meets the requirements of S5.2.3.2(c). S5.3 Emergency exit release. S5.3.1 Each emergency exit not required by S5.2.3 shall be releasable by operating one or two mechanisms located within the regions specified in Figure 1, Figure 2, or Figure 3. The lower edge of the region in Figure 1, and Region B in Figure 2, shall be located 13 centimeters above the adjacent seat, or 5 centimeters above the arm rest, if any, whichever is higher. S5.3.2 (a) When tested under the conditions of S6, both before and after the window retention test required by S5.1, each emergency exit not required by S5.2.3 shall allow manual release of the exit by a single person, from inside the passenger compartment, using force applications each of which conforms, at the option of the manufacturer, either to S5.3.2.1(a) or S5.3.2.1(b). (b) Each exit described in S5.3.2(a) shall have no more than two release mechanisms. For exits with one release mechanism, the exit shall require two force applications to open the exit: One force application shall be applied to the mechanism and another force application shall be applied to open the exit. The force application for the release mechanism must differ by not less than 90 degrees and not more than 180 degrees from the direction of the initial motion to open the exit. For exits with two release mechanisms, there shall be a total of three force applications to open the exit: One force application shall be applied to each of the two mechanisms to release each mechanism, and another force shall be applied to open the exit. The force application for at least one of the release mechanisms must differ by not less than 90 degrees and not more than 180 degrees from the direction of the initial motion to open the exit. The force applications for the mechanism(s) must conform to either S5.3.2.1(a) or S5.3.2.1(b), as appropriate. S5.3.2.1(a) Low-force application. (1) Location: As shown in Figure 1 or Figure 3. (2) Type of motion: Rotary or straight. (3) Magnitude: Not more than 90 N. (b) High-force application. (1) Location: As shown in Figure 2 or Figure 3. (2) Type of motion: Straight and perpendicular to the undisturbed exit surface. (3) Magnitude: Not more than 270 N. S5.3.3 School bus emergency exit release. S5.3.3.1 When tested under the conditions of S6., both before and after the window retention test required by S5.1, each school bus emergency exit door shall allow manual release of the door by a single person, from both inside and outside the passenger compartment, using a force application that conforms to S5.3.3.1 (a) through (c) of this section, except a school bus with a GVWR of 10,000 pounds or less is not required to conform to S5.3.3.1 (a). The release mechanism shall operate without the use of remote controls or tools, [[Page 997]] and notwithstanding any failure of the vehicle's power system. When the release mechanism is not in the position that causes an emergency exit door to be closed and the vehicle's ignition is in the ``on'' position, a continuous warning sound shall be audible at the driver's seating position and in the vicinity of the emergency exit door. (a) Location: Within the high force access region shown in Figure 3A for a side emergency exit door, within the high force access region shown in both Figure 3D(1) and Figure 3D(2) for an interior release mechanism for a rear emergency exit door, and within the high force access region shown in Figure 3D(1) for an exterior release mechanism for a rear emergency exit door. (b) Type of motion: Upward from inside the bus and, at the discretion of the manufacturer, from outside the bus. Buses with a GVWR of 10,000 pounds or less shall provide interior release mechanisms that operate by either an upward or pull-type motion. The pull-type motion shall be used only when the release mechanism is recessed in such a manner that the handle, level, or other activating device, before being activated, does not protrude beyond the rim of the recessed receptacle. (c) Magnitude of force: Not more than 178 newtons. S5.3.3.2 When tested under the conditions of S6., both before and after the window retention test required by S5.1, each school bus emergency exit window shall allow manual release of the exit by a single person, from inside the passenger compartment, using not more than two release mechanisms located in specified low-force or high-force regions (at the option of the manufacturer) with force applications and types of motions that conform to either S5.3.3.2 (a) or (b) of this section. In the case of windows with one release mechanism, the mechanism shall require two force applications to release the exit. In the case of windows with two release mechanisms, each mechanism shall require one application to release the exit. At least one of the force applications for each window shall differ from the direction of the initial motion to open the exit by no less than 90[deg] and no more than 180[deg]. Each release mechanism shall operate without the use of remote controls or tools, and notwithstanding any failure of the vehicle's power system. When a release mechanism is open and the vehicle's ignition is in the ``on'' position, a continuous warning shall be audible at the drivers seating position and in the vicinity of that emergency exit. (a) Emergency exit windows--Low-force application. (1) Location: Within the low-force access regions shown in Figures 1 and 3 for an emergency exit window. (2) Type of motion: Rotary or straight. (3) Magnitude: Not more than 89 newtons. (b) Emergency exit windows--High-force application. (1) Location: Within the high-force access regions shown in Figures 2 and 3 for an emergency exit window. (2) Type of motion: Straight and perpendicular to the undisturbed exit surface. (3) Magnitude: Not more than 178 newtons. S5.3.3.3 When tested under the conditions of S6., both before and after the window retention test required by S5.1, each school bus emergency roof exit shall allow manual release of the exit by a single person from both inside and outside the passenger compartment, using not more than two release mechanisms located at specified low-force or high- force regions (at the option of the manufacturer) with force applications and types of motions that conform either to S5.3.3.3 (a) or (b) of this section. In the case of roof exits with one release mechanism, the mechanism shall require two force applications to release the exit. In the case of roof exits with two release mechanisms, each mechanism shall require one application to release the exit. At least one of the force applications for each roof exit shall differ from the direction of the initial push-out motion of the exit by no less than 90[deg] and no more than 180[deg]. (a) Emergency roof exits--Low-force application. (1) Location: Within the low force access regions shown in Figure 3B, in the case of buses whose roof exits are not offset from the plane specified in S5.2.3.2(b)(5). In the case of buses which have roof exits offset from the plane [[Page 998]] specified in S5.2.3.2(b)(5), the amount of offset shall be used to recalculate the dimensions in Figure 3B for the offset exits. (2) Type of motion: Rotary or straight. (3) Magnitude: Not more than 89 newtons. (b) Emergency roof exits--High-force application. (1) Location: Within the high force access regions shown in Figure 3B, in the case of buses whose roof exits are not offset from the plane specified in S5.2.3.2(b)(5). In the case of buses which have roof exits offset from the plane specified in S5.2.3.2(b)(5), the amount of offset shall be used to recalculate the dimensions in Figure 3B for the offset exits. (2) Type of motion: Straight and perpendicular to the undisturbed exit surface. (3) Magnitude: Not more than 178 newtons. S5.4 Emergency exit opening. S5.4.1 After the release mechanism has been operated, each emergency exit not required by S5.2.3 shall, under the conditions of S6., both before and after the window retention test required by S5.1, using the reach distances and corresponding force levels specified in S5.3.2, allow manual opening by a single occupant to a position that provides an opening large enough to admit unobstructed passage, keeping a major axis horizontal at all times, of an ellipsoid generated by rotating about its minor axis an ellipse having a major axis of 50 centimeters and a minor axis of 33 centimeters. S5.4.2 School bus emergency exit opening. S5.4.2.1 School buses with a GVWR of more than 10,000 pounds. (a) Emergency exit doors. After the release mechanism has been operated, each emergency exit door of a school bus shall, under the conditions of S6., before and after the window retention test required by S5.1, using the force levels specified in S5.3.3, be manually extendable by a single person to a position that permits: (1) In the case of a rear emergency exit door, an opening large enough to permit unobstructed passage into the bus of a rectangular parallelepiped 1,145 millimeters (45 inches) high, 610 millimeters (24 inches) wide, and 305 millimeters (12 inches) deep, keeping the 1,145 millimeter (45 inch) dimension vertical, the 610 (24 inch) millimeter dimension parallel to the opening, and the lower surface in contact with the floor of the bus at all times, until the bottom edge of the rearmost surface of the parallelepiped is tangent to the plane of the door opening; and (2) In the case of a side emergency exit door, an opening at least 114 centimeters high and 61 centimeters wide. (i) Except as provided in paragraph (a)(2)(ii) of this section, no portion of a seat or a restraining barrier shall be installed within the area bounded by the opening of a side emergency exit door, a vertical transverse plane tangent to the rearward edge of the door opening frame, a vertical transverse plane parallel to that plane at a distance of 30 centimeters forward of that plane, and a longitudinal vertical plane passing through the longitudinal centerline of the bus. (See Figure 5A). (ii) A seat bottom may be located within the area described in paragraph (a)(2)(i) of this section if the seat bottom pivots and automatically assumes and retains a vertical position when not in use, so that no portion of the seat bottom is within the area described in paragraph (i) when the seat bottom is vertical. (See Figure 5B). (iii) No portion of a seat or restraining barrier located forward of the area described in paragraph (a)(2)(i) of this section and between the door opening and a longitudinal vertical plane passing through the longitudinal centerline of the bus shall extend rearward of a vertical transverse plane tangent to the forwardmost portion of a latch mechanism on the door. (See Figures 5B and 5C.) (3)(i) Each emergency exit door of a school bus shall be equipped with a positive door opening device that, after the release mechanism has been operated, under the conditions of S6, before and after the window retention test required by S5.1-- (A) Bears the weight of the door; (B) Keeps the door from closing past the point at which the door is perpendicular to the side of the bus body, regardless of the body's orientation; and [[Page 999]] (C) Provides a means for release or override. (ii) The positive door opening device shall perform the functions specified in paragraph (a)(3)(i) (A) and (B) of this section without the need for additional action beyond opening the door past the point at which the door is perpendicular to the side of the bus body. (b) Emergency roof exits. After the release mechanism has been operated, each emergency roof exit of a school bus shall, under the conditions of S6, before and after the window retention test required by S5.1, using the force levels specified in S5.3.3, be manually extendable by a single person to a position that permits an opening at least 41 centimeters high and 41 centimeters wide. (c) Emergency exit windows. After the release mechanism has been operated, each emergency exit window of a school bus shall, under the conditions of S6., both before and after the window retention test of S5.1, using force levels specified in S5.3.3.2, be manually extendable by a single occupant to a position that provides an opening large enough to admit unobstructed passage, keeping a major axis horizontal at all times, of an ellipsoid generated by rotating about its minor axis an ellipse having a major axis of 50 centimeters and a minor axis of 33 centimeters. S5.4.2.2 School buses with a GVWR of 10,000 pounds or less. A school bus with a GVWR of 10,000 pounds or less shall conform to all the provisions of S5.4.2, except that the parallelepiped dimension for the opening of the rear emergency door or doors shall be 45 inches high, 22 inches wide, and six inches deep. S5.4.3 Restriction on wheelchair anchorage location. S5.4.3.1 Except as provided in paragraph S5.4.3.2 of this section, no portion of a wheelchair securement anchorage shall be located in a school bus such that: (a) In the case of side emergency exit doors, any portion of the wheelchair securement anchorage is within the space bounded by the interior side wall and emergency exit door opening, transverse vertical planes 305 mm (12 inches) forward and rearward of the center of any side emergency exit door restricted area, and a longitudinal vertical plane through the longitudinal centerline of the school bus, as shown in Figure 6A. (b) In the case of rear emergency exit doors in school buses, using the parallelepiped described in S5.4.2.1(a)(1) (for school buses with a GVWR greater than 10,000 lb) or S5.4.2.2 (for school buses with a GVWR of 10,000 lb or less), when the parallelepiped is positioned, as described in S5.4.2.1(a), flush with the floor and with the rear surface of the parallelepiped tangent to the opening of the rear emergency exit door, there must not be any portion of a wheelchair securement anchorage within the space occupied by the parallelepiped or within the downward vertical projection of the parallelepiped, as shown in Figure 6C. S5.4.3.2 The restriction in S5.4.3.1(a) of this section does not apply to tracks or track-type devices that are used for mounting seats and/or for wheelchair securement devices. S5.5 Emergency exit identification. S5.5.1 In buses other than school buses, and except for windows serving as emergency exits in accordance with S5.2.2.3(b) and doors in buses with a GVWR of 10,000 pounds or less, each emergency exit door shall have the designation ``Emergency Door'' or ``Emergency Exit,'' and every other emergency exit shall have the designation ``Emergency Exit'' followed by concise operating instructions describing each motion necessary to unlatch and open the exit, located within 16 centimeters of the release mechanism. Examples: (1) Lift to Unlatch, Push to Open (2) Lift Handle and Push out to Open When a release mechanism is not located within an occupant space of an adjacent seat, a label meeting the requirements of S5.5.2 that indicates the location of the nearest release mechanism shall be placed within the occupant space. Example: ``Emergency Exit Instructions Located Next to Seat Ahead'' S5.5.2 In buses other than school buses. Except as provided in S5.5.2.1, each marking shall be legible, when the only source of light is the normal [[Page 1000]] nighttime illumination of the bus interior, to occupants having corrected visual acuity of 20/40 (Snellen ratio) seated in the adjacent seat, seated in the seat directly adjoining the adjacent seat, and standing in the aisle location that is closest to that adjacent seat. The marking shall be legible from each of these locations when the other two corresponding locations are occupied. S5.5.2.1 If the exit has no adjacent seat, the marking must meet the legibility requirements of S5.5.2 for occupants standing in the aisle location nearest to the emergency exit, except for a roof exit, which must meet the legibility requirements for occupants positioned with their backs against the floor opposite the roof exit. S5.5.3 School Bus. (a) Each school bus emergency exit provided in accordance with S5.2.3.1 shall have the designation ``Emergency Door'' or ``Emergency Exit,'' as appropriate, in letters at least 5 centimeters high, of a color that contrasts with its background. For emergency exit doors, the designation shall be located at the top of, or directly above, the emergency exit door on both the inside and outside surfaces of the bus. The designation for roof exits shall be located on an inside surface of the exit, or within 30 centimeters of the roof exit opening. For emergency window exits, the designation shall be located at the top of, or directly above, or at the bottom of the emergency window exit on both the inside and outside surfaces of the bus. (b) Concise operating instructions describing the motions necessary to unlatch and open the emergency exit shall be located within 15 centimeters of the release mechanism on the inside surface of the bus. These instructions shall be in letters at least 1 centimeter high and of a color that contrasts with its background. Examples: (1) Lift to Unlatch, Push to Open (2) Turn Handle, Push Out to Open (c) Each opening for a required emergency exit shall be outlined around its outside perimeter with a retroreflective tape with a minimum width of 2.5 centimeters and either red, white, or yellow in color, that when tested under the conditions specified in S6.1 of Standard No. 131 (49 CFR 571.131), meets the criteria specified in Table 1 of that section. (d) On the inside surface of each school bus with one or more wheelchair anchorage positions, there shall be a label directly beneath or above each ``Emergency Door'' or ``Emergency Exit'' designation specified by paragraph (a) of S5.5.3 of this standard for an emergency exit door or window. The label shall state in letters at least 25 mm (one inch) high, the words ``DO NOT BLOCK'' in a color that contrasts with the background of the label. S6. Test conditions. S6.1 The vehicle is on a flat, horizontal surface. S6.2 The inside of the vehicle and the outside environment are kept at any temperature from 70[deg] to 85 [deg]Fahrenheit for 4 hours immediately preceding the tests, and during the tests. S6.3 For the window retention test, windows are installed, closed, and latched (where latches are provided) in the condition intended for normal bus operation. S6.4 For the emergency exit release and extension tests, windows are installed as in S6.3, seats, armrests, and interior objects near the windows are installed as for normal use, and seats are in the upright position. [[Page 1001]] [GRAPHIC] [TIFF OMITTED] TC01AU91.114 [[Page 1002]] [GRAPHIC] [TIFF OMITTED] TC01AU91.115 [[Page 1003]] [GRAPHIC] [TIFF OMITTED] TC01AU91.116 [[Page 1004]] [GRAPHIC] [TIFF OMITTED] TC01AU913C.117 [GRAPHIC] [TIFF OMITTED] TR30MR12.000 Figure 3 Low and High-Force Access Regions for Emergency Exits Without Adjacent Seats [[Page 1005]] [GRAPHIC] [TIFF OMITTED] TR18AP18.004 [[Page 1006]] [GRAPHIC] [TIFF OMITTED] TC01AU91.119 [[Page 1007]] [GRAPHIC] [TIFF OMITTED] TC01AU91.120 [[Page 1008]] [GRAPHIC] [TIFF OMITTED] TC01AU91.121 [[Page 1009]] [GRAPHIC] [TIFF OMITTED] TR19AP02.000 Figure 6B [Reserved] [[Page 1010]] [GRAPHIC] [TIFF OMITTED] TR19AP02.002 Figure 6D [Reserved] [[Page 1011]] [GRAPHIC] [TIFF OMITTED] TC01AU91.122 [37 FR 9395, May 10, 1972] Editorial Note: For Federal Register citations affecting Sec. 571.217, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.218 Standard No. 218; Motorcycle helmets. S1. Scope. This standard establishes minimum performance requirements for helmets designed for use by motorcyclists and other motor vehicle users. S2. Purpose. The purpose of this standard is to reduce deaths and injuries to motorcyclists and other motor vehicle users resulting from head impacts. S3. Application. This standard applies to all helmets designed for use by motorcyclists and other motor vehicle users. S4. Definitions. Basic plane means a plane through the centers of the right and left external ear openings and the lower edge of the eye sockets (Figure 1) of a reference headform (Figure 2) or test headform. [[Page 1012]] Discrete size means a numerical value that corresponds to the diameter of an equivalent circle representing the helmet interior in inches (0.25 inch) or to the circumference of the equivalent circle in centimeters (0.64 centimeters). Helmet positioning index means the distance in inches, as specified by the manufacturer, from the lowest point of the brow opening at the lateral midpoint of the helmet to the basic plane of a reference headform, when the helmet is firmly and properly positioned on the reference headform. Impact site means the point on the helmet where the helmet shell first contacts the test anvil during the impact attenuation test. Midsagittal plane means a longitudinal plane through the apex of a reference headform or test headform that is perpendicular to the basic plane (Figure 3). Reference headform means a measuring device contoured to the dimensions of one of the three headforms described in Table 2 and Figures 5 through 8 with surface markings indicating the locations of the basic, mid-sagittal, and reference planes, and the centers of the external ear openings. Reference plane means a plane above and parallel to the basic plane on a reference headform or test headform (Figure 2) at the distance indicated in Table 2. Retention system means the complete assembly by which the helmet is retained in position on the head during use. Test headform means a test device contoured to the dimensions of one of the three headforms described in Table 2 and Figures 5 through 8 with surface markings indicating the locations of the basic, mid-sagittal, and reference planes. S5. Requirements. Each helmet shall meet the requirements of S5.1, S5.2, and S5.3 when subjected to any conditioning procedure specified in S6.4, and tested in accordance with S7.1, S7.2, and S7.3. S5.1 Impact attenuation. When an impact attenuation test is conducted in accordance with S7.1, all of the following requirements shall be met: (a) Peak accelerations shall not exceed 400g; (b) Accelerations in excess of 200g shall not exceed a cumulative duration of 2.0 milliseconds; and (c) Accelerations in excess of 150g shall not exceed a cumulative duration of 4.0 milliseconds. S5.2 Penetration. When a penetration test is conducted in accordance with S7.2, the striker shall not contact the surface of the test headform. S5.3 Retention system. S5.3.1 When tested in accordance with S7.3: (a) The retention system or its components shall attain the loads specified without separation; and (b) The adjustable portion of the retention system test device shall not move more than 1 inch (2.5 cm) measured between preliminary and test load positions. S5.3.2 Where the retention system consists of components which can be independently fastened without securing the complete assembly, each such component shall independently meet the requirements of S5.3.1. S5.4 Configuration. Each helmet shall have a protective surface of continuous contour at all points on or above the test line described in S6.2.3. The helmet shall provide peripheral vision clearance of at least 105[deg] to each side of the mid-sagittal plane, when the helmet is adjusted as specified in S6.3. The vertex of these angles, shown in Figure 3, shall be at the point on the anterior surface of the reference headform at the intersection of the mid-sagittal and basic planes. The brow opening of the helmet shall be at least 1 inch (2.5 cm) above all points in the basic plane that are within the angles of peripheral vision (see Figure 3). S5.5 Projections. A helmet shall not have any rigid projections inside its shell. Rigid projections outside any helmet's shell shall be limited to those required for operation of essential accessories, and shall not protrude more than 0.20 inch (5 mm). S5.6 Labeling. S5.6.1 On a label or labels separate from the certification label required by S5.6.2, each helmet shall be labeled permanently and legibly, in a manner [[Page 1013]] such that the label(s) can be read easily without removing padding or any other permanent part, with the following: (a) Manufacturer's name. (b) Discrete size. (c) Month and year of manufacture. This may be spelled out (for example, June 2010), or expressed in numerals (for example, 6/10). (d) Instructions to the purchaser as follows: (1) ``Shell and liner constructed of (identify type(s) of materials).'' (2) ``Helmet can be seriously damaged by some common substances without damage being visible to the user. Apply only the following: (Recommended cleaning agents, paints, adhesives, etc., as appropriate).'' (3) ``Make no modifications. Fasten helmet securely. If helmet experiences a severe blow, return it to the manufacturer for inspection, or destroy it and replace it.'' (4) Any additional relevant safety information should be applied at the time of purchase by means of an attached tag, brochure, or other suitable means. S5.6.2 Certification. Each helmet shall be labeled permanently and legibly with a label, constituting the manufacturer's certification that the helmet conforms to the applicable Federal motor vehicle safety standards, that is separate from the label(s) used to comply with S5.6.1, and complies with paragraphs (a) through (c) of this section. (a) Content, format, and appearance. The label required by paragraph S5.6.2 shall have the following content, format, and appearance: (1) The symbol ``DOT,'' horizontally centered on the label, in letters not less than 0.38 inch (1.0 cm) high. (2) The term ``FMVSS No. 218,'' horizontally centered beneath the symbol DOT, in letters not less than 0.09 inches (0.23 cm) high. (3) The word ``CERTIFIED,'' horizontally centered beneath the term ``FMVSS No. 218,'' in letters not less than 0.09 inches (0.23 cm) high. (4) The precise model designation, horizontally centered above the symbol DOT, in letters and/or numerals not less than 0.09 inch (0.23 cm) high. (5) The manufacturer's name and/or brand, horizontally centered above the model designation, in letters and/or numerals not less than 0.09 inch (0.23 cm) high. (6) All symbols, letters and numerals shall be in a color that contrasts with the background of the label. (b) Other information. No information, other than the information specified in subparagraph (a), shall appear on the label. (c) Location. The label shall appear on the outer surface of the helmet and be placed so that it is centered laterally with the horizontal centerline of the DOT symbol located a minimum of 1 inch (2.5 cm) and a maximum of 3 inches (7.6 cm) from the bottom edge of the posterior portion of the helmet. S5.7 Helmet positioning index. Each manufacturer of helmets shall establish a positioning index for each helmet he manufactures. This index shall be furnished immediately to any person who requests the information, with respect to a helmet identified by manufacturer, model designation, and size. S6. Preliminary test procedures. Before subjecting a helmet to the testing sequence specified in S7., prepare it according to the procedures in S6.1, S6.2, and S6.3. S6.1 Selection of appropriate headform. S6.1.1 A helmet with a manufacturer's designated discrete size or size range which does not exceed 6\3/4\ (European size: 54) is tested on the small headform. A helmet with a manufacturer's designated discrete size or size range which exceeds 6\3/4\, but does not exceed 7\1/2\ (European size: 60) is tested on the medium headform. A helmet with a manufacturer's designated discrete size or size range which exceeds 7\1/ 2\ is tested on the large headform. S6.1.2 A helmet with a manufacturer's designated size range which includes sizes falling into two or all three size ranges described in S6.1.1 is tested on each headform specified for each size range. S6.2 Reference marking. S6.2.1 Use a reference headform that is firmly seated with the basic and reference planes horizontal. Place the complete helmet to be tested on the appropriate reference headform, as specified in S6.1.1 and S6.1.2. [[Page 1014]] S6.2.2 Apply a 10-pound (4.5 kg) static vertical load through the helmet's apex. Center the helmet laterally and seat it firmly on the reference headform according to its helmet positioning index. S6.2.3 Maintaining the load and position described in S6.2.2, draw a line (hereinafter referred to as ``test line'') on the outer surface of the helmet coinciding with portions of the intersection of that service with the following planes, as shown in Figure 2: (a) A plane 1 inch (2.5 cm) above and parallel to the reference plane in the anterior portion of the reference headform; (b) A vertical transverse plane 2.5 inches (6.4 cm) behind the point on the anterior surface of the reference headform at the intersection of the mid-sagittal and reference planes; (c) The reference plane of the reference headform; (d) A vertical transverse plane 2.5 inches (6.4. cm) behind the center of the external ear opening in a side view; and (e) A plane 1 inch (2.5 cm) below and parallel to the reference plane in the posterior portion of the reference headform. S6.3 Helmet positioning. S6.3.1 Before each test, fix the helmet on a test headform in the position that conforms to its helmet positioning index. Secure the helmet so that it does not shift position before impact or before application of force during testing. S6.3.2 In testing as specified in S7.1 and S7.2, place the retention system in a position such that it does not interfere with free fall, impact or penetration. S6.4 Conditioning. S6.4.1 Immediately before conducting the testing sequence specified in S7, condition each test helmet in accordance with any one of the following procedures: (a) Ambient conditions. Expose to any temperature from 61 [deg]F to and including 79 [deg]F (from 16 [deg]C to and including 26 [deg]C) and any relative humidity from 30 to and including 70 percent for a minimum of 4 hours. (b) Low temperature. Expose to any temperature from 5 [deg]F to and including 23 [deg]F (from -15 [deg]C to and including -5 [deg]C) for a minimum of 4 hours and no more than 24 hours. (c) High temperature. Expose to any temperature from 113 [deg]F to and including 131 [deg]F (from 45 [deg]C to and including 55 [deg]C) for a minimum of 4 hours and no more than 24 hours. (d) Water immersion. Immerse in water at any temperature from 61 [deg]F to and including 79 [deg]F (from 16 [deg]C to and including 26 [deg]C) for a minimum of 4 hours and no more than 24 hours. S6.4.2 If during testing, as specified in S7.1.3 and S7.2.3, a helmet is returned to the conditioning environment before the time out of that environment exceeds 4 minutes, the helmet is kept in the environment for a minimum of 3 minutes before resumption of testing with that helmet. If the time out of the environment exceeds 4 minutes, the helmet is returned to the environment for a minimum of 3 minutes for each minute or portion of a minute that the helmet remained out of the environment in excess of 4 minutes or for a maximum of 12 hours, whichever is less, before the resumption of testing with that helmet. S7. Test conditions. S7.1 Impact attenuation test. S7.1.1 Impact attenuation is measured by determining acceleration imparted to an instrumented test headform on which a complete helmet is mounted as specified in S6.3, when it is dropped in guided free fall upon a fixed hemispherical anvil and a fixed flat steel anvil. S7.1.2 Each helmet is impacted at four sites with two successive impacts at each site. Two of these sites are impacted upon a flat steel anvil and two upon a hemispherical steel anvil as specified in S7.1.10 and S7.1.11. The impact sites are at any point on the area above the test line described in paragraph S6.2.3, and separated by a distance not less than one-sixth of the maximum circumference of the helmet in the test area. For each site, the location where the helmet first contacts the anvil on the second impact shall not be greater than 0.75 inch (1.9 cm) from the location where the helmet first contacts the anvil on the first impact. [[Page 1015]] S7.1.3 Impact testing at each of the four sites, as specified in S7.1.2, shall start at two minutes, and be completed by four minutes, after removal of the helmet from the conditioning environment. S7.1.4 (a) The guided free fall drop height for the helmet and test headform combination onto the hemispherical anvil shall be such that the impact speed is any speed from 16.4 ft/s to and including 17.7 ft/s (from 5.0 m/s to and including 5.4 m/s). (b) The guided free fall drop height for the helmet and test headform combination onto the flat anvil shall be such that the impact speed is any speed from 19.0 ft/s to and including 20.3 ft/s (from 5.8 m/s to and including 6.2 m/s). S7.1.5 Test headforms for impact attenuation testing are constructed of magnesium alloy (K-1A), and exhibit no resonant frequencies below 2,000 Hz. S7.1.6 The monorail drop test system is used for impact attenuation testing. S7.1.7 The weight of the drop assembly, as specified in Table 1, is the combined weight of the test headform and the supporting assembly for the drop test. The weight of the supporting assembly is not less than 2.0 lbs. and not more than 2.4 lbs. (0.9 to 1.1 kg). The supporting assembly weight for the monorail system is the drop assembly weight minus the combined weight of the test headform, the headform's clamp down ring, and its tie down screws. S7.1.8 The center of gravity of the test headform is located at the center of the mounting ball on the supporting assembly and lies within a cone with its axis vertical and forming a 10[deg] included angle with the vertex at the point of impact. The center of gravity of the drop assembly lies within the rectangular volume bounded by x = -0.25 inch (- 0.64 cm), x = 0.85 inch (2.16 cm), y = 0.25 inch (0.64 cm), and y = - 0.25 inch (-0.64 cm) with the origin located at the center of gravity of the test headform. The rectangular volume has no boundary along the z- axis. The x-y-z axes are mutually perpendicular and have positive or negative designations in accordance with the right-hand rule (See Figure 5). The origin of the coordinate axes also is located at the center of the mounting ball on the supporting assembly (See Figures 6, 7, and 8). The x-y-z axes of the test headform assembly on a monorail drop test equipment are oriented as follows: From the origin, the x-axis is horizontal with its positive direction going toward and passing through the vertical centerline of the monorail. The positive z-axis is downward. The y-axis also is horizontal and its direction can be decided by the z- and x-axes, using the right-hand rule. S7.1.9 The acceleration transducer is mounted at the center of gravity of the test headform with the sensitive axis aligned to within 5[deg] of vertical when the test headform assembly is in the data impact position. The acceleration data channel complies with the SAE Recommended Practice J211/1, revised March 1995 (incorporated by reference, see Sec. 571.5) requirements for channel class 1,000.'' S7.1.10 The flat anvil is constructed of steel with a 5-inch (12.7 cm) minimum diameter impact face, and the hemispherical anvil is constructed of steel with a 1.9 inch (4.8 cm) radius impact face. S7.1.11 The rigid mount for both of the anvils consists of a solid mass of at least 300 pounds (136.1 kg), the outer surface of which consists of a steel plate with minimum thickness of 1 inch (2.5 cm) and minimum surface area of 1 ft \2\ (929 cm\2\ ). S7.1.12 The drop system restricts side movement during the impact attenuation test so that the sum of the areas bounded by the acceleration-time response curves for both the x- and y-axes (horizontal axes) is less than five percent of the area bounded by the acceleration- time response curve for the vertical axis. S7.2 Penetration test. S7.2.1 The penetration test is conducted by dropping the penetration test striker in guided free fall, with its axis aligned vertically, onto the outer surface of the complete helmet, when mounted as specified in S6.3, at any point above the test line, described in S6.2.3, except on a fastener or other rigid projection. S7.2.2 Two penetration blows are applied at least 3 inches (7.6 cm) apart, and at least 3 inches (7.6 cm) from the [[Page 1016]] centers of any impacts applied during the impact attenuation test. S7.2.3 The application of the two penetration blows, specified in S7.2.2, starts at two minutes and is completed by four minutes, after removal of the helmet from the conditioning environment. S7.2.4 The height of the guided free fall is 118.1 0.6 in (3 0.015 m), as measured from the striker point to the impact point on the outer surface of the test helmet. S7.2.5 The contactable surface of the penetration test headform is constructed of a metal or metallic alloy having a Brinell hardness number no greater than 55, which will permit ready detection should contact by the striker occur. The surface is refinished if necessary before each penetration test blow to permit detection of contact by the striker. S7.2.6 The weight of the penetration striker is not less than 6 pounds, 8 ounces and not more than 6 pounds, 12 ounces (2.95 to 3.06 kg). S7.2.7 The point of the striker has an included angle of 60 0.5[deg], a cone height of 1.5 0.015 in. (3.8 0.038 cm), a tip radius of 0.02 0.004 in. (0.5 0.1 mm), and a minimum hardness of 60 Rockwell, C-scale. S7.2.8 The rigid mount for the penetration test headform is as described in S7.1.11. S7.3 Retention system test. S7.3.1 The retention system test is conducted by applying a quasi- static tensile load at any rate from 0.4 to and including 1.2 inch/min (from 1.0 to and including 3.0 cm/min) to the retention assembly of a complete helmet, which is mounted, as described in S6.3, on a stationary test headform as shown in Figure 4, and by measuring the movement of the adjustable portion of the retention system test device under tension. S7.3.2 The retention system test device consists of both an adjustable loading mechanism by which a quasi-static tensile load is applied at any rate from 0.4 to and including 1.2 inch/min (from 1.0 to and including 3.0 cm/min) to the helmet retention assembly and a means for holding the test headform and helmet stationary. The retention assembly is fastened around two freely moving rollers, both of which have a 0.5 inch (1.3 cm) diameter and a 3 inch (7.6 cm) center-to-center separation, and which are mounted on the adjustable portion of the tensile loading device (Figure 4). The helmet is fixed on the test headform as necessary to ensure that it does not move during the application of the test loads to the retention assembly. S7.3.3 A 50-pound (22.7 kg) preliminary test load is applied to the retention assembly, normal to the basic plane of the test headform and symmetrical with respect to the center of the retention assembly for 30 seconds, and the maximum distance from the extremity of the adjustable portion of the retention system test device to the apex of the helmet is measured. S7.3.4 An additional 250-pound (113.4 kg) test load is applied to the retention assembly, in the same manner and at the same location as described in S7.3.3, for 120 seconds, and the maximum distance from the extremity of the adjustable portion of the retention system test device to the apex of the helmet is measured. Appendix to Sec. 571.218 Table 1--Weight Ranges for Impact Attenuation Test Drop Assembly ------------------------------------------------------------------------ Test headform size Weight range \1\--lb kg) ------------------------------------------------------------------------ Small..................................... 7.6-8.0 (3.4-3.6) Medium.................................... 10.8-11.2 (4.9-5.1) Large..................................... 13.2-13.6 (6.0-6.2) ------------------------------------------------------------------------ \1\ Combined weight of instrumented test headform and supporting assembly for drop test. [[Page 1017]] [GRAPHIC] [TIFF OMITTED] TC01AU91.123 [[Page 1018]] [GRAPHIC] [TIFF OMITTED] TC01AU91.124 [[Page 1019]] [GRAPHIC] [TIFF OMITTED] TC01AU91.125 [[Page 1020]] [GRAPHIC] [TIFF OMITTED] TC01AU91.126 [[Page 1021]] [GRAPHIC] [TIFF OMITTED] TC01AU91.127 [[Page 1022]] [GRAPHIC] [TIFF OMITTED] TC01AU91.128 [[Page 1023]] [GRAPHIC] [TIFF OMITTED] TC01AU91.129 [[Page 1024]] [GRAPHIC] [TIFF OMITTED] TC01AU91.130 [[Page 1025]] [GRAPHIC] [TIFF OMITTED] TC01AU91.131 [[Page 1026]] [GRAPHIC] [TIFF OMITTED] TC01AU91.132 [[Page 1027]] [GRAPHIC] [TIFF OMITTED] TR13MY11.000 [[Page 1028]] [GRAPHIC] [TIFF OMITTED] TR13MY11.001 [38 FR 22391, Aug. 20, 1973, as amended at 39 FR 3554, Jan. 28, 1974; 45 FR 15181, Mar. 10, 1980; 53 FR 11288, Apr. 6, 1988; 53 FR 12529, Apr. 15, 1988; 76 FR 28160, May 13, 2011; 77 FR 768, Jan. 6, 2012] Sec. 571.219 Standard No. 219; Windshield zone intrusion. S1. Scope. This standard specifies limits for the displacement into the windshield area of motor vehicle components during a crash. S2. Purpose. The purpose of this standard is to reduce crash injuries and fatalities that result from occupants contacting vehicle components displaced near or through the windshield. S3. Application. This standard applies to passenger cars and to multipurpose passenger vehicles, trucks designed to carry at least one person, and buses of 4,536 kilograms or less gross vehicle weight rating. However, it does not apply to forward control vehicles, walk-in van-type vehicles, or to open-body-type vehicles with fold-down or removable windshields. [[Page 1029]] S4. Definitions. Daylight Opening (DLO) means the maximum unobstructed opening through the glazing surface, including reveal or garnish moldings adjoining the surface, as measured parallel to the outer surface of the glazing material. S5. Requirement. When the vehicle travelling longitudinally forward at any speed up to and including 48 km/h impacts a fixed collision barrier that is perpendicular to the line of travel of the vehicle, under the conditions of S7, no part of the vehicle outside the occupant compartment, except windshield molding and other components designed to be normally in contact with the windshield, shall penetrate the protected zone template, affixed according to S6, to a depth of more than 6 mm, and no such part of a vehicle shall penetrate the inner surface of that portion of the windshield, within the DLO, below the protected zone defined in S6. S6. Protected zone template. S6.1 The lower edge of the protected zone is determined by the following procedure (See Figure 1). (a) Place a 165 mm diameter rigid sphere, with a mass of 6.8 kg in a position such that it simultaneously contacts the inner surface of the windshield glazing and the surface of the instrument panel, including padding. If any accessories or equipment such as the steering control system obstruct positioning of the sphere, remove them for the purposes of this procedure. (b) Draw the locus of points on the inner surface of the windshield contactable by the sphere across the width of the instrument panel. From the outermost contactable points, extend the locus line horizontally to the edges of the glazing material. (c) Draw a line on the inner surface of the windshield below and 13 mm distant from the locus line. (d) The lower edge of the protected zone is the longitudinal projection onto the outer surface of the windshield of the line determined in S6.1(c). S6.2 The protected zone is the space enclosed by the following surfaces, as shown in Figure 1: (a) The outer surface of the windshield in its precrash configuration. (b) The locus of points 76 mm outward along perpendiculars drawn to each point on the outer surface of the windshield. (c) The locus of lines forming a 45[deg] angle with the outer surface of the windshield at each point along the top and side edges of the outer surface of the windshield and the lower edge of the protected zone determined in S6.1, in the plane perpendicular to the edge at that point. S6.3 A template is cut or formed from Styrofoam, type DB, cut cell, to the dimensions of the zone as determined in S6.2. The template is affixed to the windshield so that it delineates the protected zone and remains affixed throughout the crash test. S7. Test conditions. The requirement of S5. shall be met under the following conditions: S7.1 The protected zone template is affixed to the windshield in the manner described in S6. S7.2 The hood, hood latches, and any other hood retention components are engaged prior to the barrier crash. S7.3 Adjustable cowl tops or other adjustable panels in front of the windshield are in the position used under normal operating conditions when windshield wiping systems are not in use. S7.4 The parking brake is disengaged and the transmission is in neutral. S7.5 Tires are inflated to the vehicle manufacturer's specifications. S7.6 The fuel tank is filled to any level from 90 to 95 per cent of capacity. S7.7 The vehicle, including test devices and instrumentation, is loaded as follows: (a) Except as specified in S7.6, a passenger car is loaded to its unloaded vehicle weight plus its rated cargo and luggage capacity weight, secured in the luggage area, plus a 50th-percentile test dummy as specified in part 572 of this chapter at each front outboard designated seating position and at any other position whose protection system is required to be tested by a dummy under the provisions of Standard No. 208. Each dummy is restrained only by means that are installed for protection at its seating position. (b) Except as specified in S7.6, a multipurpose passenger vehicle, truck or bus is loaded to its unloaded vehicle [[Page 1030]] weight, plus 136 kg or its rated cargo and luggage capacity, whichever is less, secured to the vehicle, plus a 50th-percentile test dummy as specified in part 572 of this chapter at each front outboard designated seating postion and at any other position whose protection system is required to be tested by a dummy under the provisions of Standard No. 208. Each dummy is restrained only by means that are installed for protection at its seating position. The load is distributed so that the mass on each axle as measured at the tire-ground interface is in proportion to its GAWR. If the mass on any axle when the vehicle is loaded to its unloaded vehicle weight plus dummy mass exceeds the axle's proportional share of the test mass, the remaining mass is placed so that the mass on that axle remains the same. For the purposes of this section, unloaded vehicle weight does not include the mass of work- performing accessories. Vehicles are tested to a maximum unloaded vehicle weight of 2,495 kg. [GRAPHIC] [TIFF OMITTED] TR27MY98.007 [40 FR 25462, June 16, 1975, as amended at 40 FR 53033, Nov. 14, 1975; 41 FR 54946, Dec. 16, 1976; 45 FR 22046, Apr. 3, 1980; 63 FR 28946, May 27, 1998; 87 FR 18599, Mar. 30, 2022] Sec. 571.220 Standard No. 220; School bus rollover protection. S1. Scope. This standard establishes performance requirements for school bus rollover protection. S2. Purpose. The purpose of this standard is to reduce the number of deaths and the severity of injuries that result from failure of the school bus body structure to withstand forces encountered in rollover crashes. S3. Applicability. This standard applies to school buses. S4. Requirements. When a force in Newtons equal to 1\1/2\ times the unloaded vehicle weight in kilograms [[Page 1031]] multiplied by 9.8 m/sec\2\ is applied to the roof of the vehicle's body structure through a force application plate as specified in S5, Test procedures-- (a) The downward vertical movement at any point on the application plate shall not exceed 130 mm and (b) Each emergency exit of the vehicle provided in accordance with Standard No. 217 (Sec. 571.217) shall be capable of opening as specified in that standard during the full application of the force and after release of the force, except that an emergency exit located in the roof of the vehicle is not required to be capable of being opened during the application of the force. A particular vehicle (i.e., test specimen) need not meet the emergency exit opening requirement after release of force if it is subjected to the emergency exit opening requirements during the full application of the force. S5. Test procedures. Each vehicle shall be capable of meeting the requirements of S4. when tested in accordance with the procedures set forth below. S5.1 With any non-rigid chassis-to-body mounts replaced with equivalent rigid mounts, place the vehicle on a rigid horizontal surface so that the vehicle is entirely supported by means of the vehicle frame. If the vehicle is constructed without a frame, place the vehicle on its body sills. Remove any components which extend upward from the vehicle roof. S5.2 Use a flat, rigid, rectangular force application plate that is measured with respect to the vehicle roof longitudinal and lateral centerlines, (a) In the case of a vehicle with a GVWR of more than 4,536 kg, 305 mm shorter than the vehicle roof and 914 mm wide; and (b) In the case of a vehicle with a GVWR of 4,536 kg or less, 127 mm longer and 127 mm wider than the vehicle roof. For purposes of these measurements, the vehicle roof is that structure, seen in the top projected view, that coincides with the passenger and driver compartment of the vehicle. S5.3 Position the force application plate on the vehicle roof so that its rigid surface is perpendicular to a vertical longitudinal plane and it contacts the roof at not less than two points, and so that, in the top projected view, its longitudinal centerline coincides with the longitudinal centerline of the vehicle, and its front and rear edges are an equal distance inside the front and rear edges of the vehicle roof at the centerline. S5.4 Apply an evenly-distributed vertical force in the downward direction to the force application plate at any rate not more than 13 mm per second, until a force of 2,224 N has been applied. S5.5 Apply additional vertical force in the downward direction to the force application plate at a rate of not more than 13 mm per second until the force specified in S4. has been applied, and maintain this application of force. S5.6 Measure the downward movement of any point on the force application plate which occurred during the application of force in accordance with S5.5. S5.7 To test the capability of the vehicle's emergency exits to open in accordance with S4.(b)-- (a) In the case of testing under the full application of force, open the emergency exits as specified in S4.(b) while maintaining the force applied in accordance with S5.4 and S5.5; and (b) In the case of testing after the release of all force, release all downward force applied to the force application plate and open the emergency exits as specified in S4.(b). S6. Test conditions. The following conditions apply to the requirements specified in S4. S6.1 Temperature. The ambient temperature is any level between 0 [deg]C and 32 [deg]C. S6.2 Windows and doors. Vehicle windows, doors, and emergency exits are in the fully-closed position, and latched but not locked. [41 FR 3875, Jan. 27, 1976, as amended at 41 FR 36026, 36027, Aug. 26, 1976; 63 FR 28948, May 27, 1998] Sec. 571.221 Standard No. 221; School bus body joint strength. S1. Scope. This standard establishes requirements for the strength of the body panel joints in school bus bodies. [[Page 1032]] S2. Purpose. The purpose of this standard is to reduce deaths and injuries resulting from the structural collapse of school bus bodies during crashes. S3. Application. This standard applies to school buses. S4. Definitions. Body component means a part of a bus body made from a single piece of homogeneous material or from a single piece of composite material such as plywood. Body panel means a body component used on the exterior or interior surface to enclose the bus' occupant space. Body panel joint means the area of contact or close proximity between the edges of a body panel and another body component, including but not limited to floor panels, and body panels made of composite materials such as plastic or plywood, excluding trim and decorative parts which do not contribute to the strength of the bus body, members such as rub rails which are entirely outside of body panels, ventilation panels, components provided for functional purposes, and engine access covers. Bus body means that portion of a bus that encloses the bus occupant space, including the floor, but excluding the bumpers and chassis frame and any structure forward of the passenger compartment. Maintenance access panel means a body panel which must be moved or removed to provide access to one or more serviceable component(s). Passenger compartment means space within the school bus interior that is between a vertical transverse plane located 762 mm in front of the forwardmost passenger seating reference point and including a vertical transverse plane tangent to the rear interior wall of the bus at the vehicle centerline. Serviceable component means any part of the bus, of either a mechanical or electrical nature, which is explicitly identified by the bus chassis and/or body manufacturer in the owner's manual or factory service manual as requiring routine maintenance actions at intervals of one year or less. Tubing, wires and harnesses are considered to be serviceable components only at their attachments. S5 Requirements. S5.1 Except as provided in S5.2, each body panel joint, including small, curved, and complex joints, when tested in accordance with the procedure of S6, shall hold the body panel to the member to which it is joined when subjected to a force of 60 percent of the tensile strength of the weakest joined body panel determined pursuant to S6.2. S5.1.1 Body panels attached to each other shall have no unattached segment at the joint longer than 203 mm. S5.2 Exclusions S5.2.1 The requirements of S5.1 do not apply to-- (a) Any interior maintenance access panel or joint which lies forward of the passenger compartment. (b) Any interior maintenance access panel within the passenger compartment that does not exceed 305 mm when measured across any two points diametrically on opposite sides of the opening. (c) Trim and decorative parts which do not contribute to the strength of the joint, support members such as rub rails which are entirely outside of body panels, doors and windows, ventilation panels, and engine access covers. S6 Procedure S6.1 Preparation of the test specimen. S6.1.1 If a body panel joint is 203 mm or longer, cut a test specimen that consists of any 203 mm segment of the joint, together with a portion of the bus body whose dimensions are those specified in Figure 1, so that the specimen's centerline is perpendicular to the joint at the midpoint of the joint segment. Where the body panel joint is not fastened continuously, select the segment so that it does not bisect a spot weld or a discrete fastener. Support members which contribute to the strength of a body panel joint, such as rub rails on the outside of body panels or underlying structure attached to joint members, shall remain attached to the test specimen, except that material may be removed from the support members as necessary to clear the gripping areas of the joint members being tested. S6.1.2 If a joint is less than 203 mm long, cut a test specimen with enough of the adjacent material to permit it to [[Page 1033]] be held in the tension testing machine specified in S6.3. S6.1.3 Prepare the test specimen in accordance with the preparation procedures specified in ASTM E8-89 (incorporated by reference, see Sec. 571.5). S6.2 Determination of minimum allowable strength. For purposes of determining the minimum allowable joint strength, determine the tensile strengths of the joined body components as follows: (a) If the mechanical properties of a joint component material are specified in ASTM E8-89 (incorporated by reference, see Sec. 571.5), the lowest value of that material's thickness and tensile strength per unit of area shown in that source shall be used. (b) If the mechanical properties of a material are not specified in ASTM E8-89 (incorporated by reference, see Sec. 571.5), determine its tensile strength by cutting a sheet specimen from outside the joint region of the bus body in accordance with Figure 1 of ASTM E8-89, and by testing it in accordance with S6.3. (c) The cross sectional area of material removed to facilitate the installation of fasteners shall be subtracted from the cross-sectional area of the panel in the determination of the tensile strength of the weakest joined body panel. S6.3 Strength Test. S6.3.1 The joint specimen is gripped on opposite sides of the joint in a tension testing machine in accordance with ASTM E8-89 (incorporated by reference, see Sec. 571.5). S6.3.2 Adjust the testing machine grips so that the applied force on the joint is at 90 degrees plus or minus 3 degrees from the joint centerline, as shown in Figure 1. S6.3.3 A tensile force is applied to the specimen by separating the heads of the testing machine at any uniform rate not less than 3 mm and not more than 10 mm per minute until the specimen separates. [GRAPHIC] [TIFF OMITTED] TR13DE01.236 [41 FR 3872, Jan. 27, 1976, as amended at 41 FR 36027, Aug. 26, 1976; 67 FR 64366, 64367, Dec. 13, 2002; 68 FR 6360, Feb. 7, 2003; 77 FR 768, Jan. 6, 2012] Editorial Note: At 65 FR 11754, Mar. 6, 2000, Sec. 571.221 was amended by revising S5.2.1(a);however, the paragraph did not exist, and the amendment could not be incorporated. [[Page 1034]] Sec. 571.222 Standard No. 222; School bus passenger seating and crash protection. S1. Scope. This standard establishes occupant protection requirements for school bus passenger seating and restraining barriers. S2. Purpose. The purpose of this standard is to reduce the number of deaths and the severity of injuries that result from the impact of school bus occupants against structures within the vehicle during crashes and sudden driving maneuvers. S3. Application. This standard applies to school buses. S4. Definitions. Contactable surface means any surface within the zone specified in S5.3.1.1 that is contactable from any direction by the test device described in S6.6, except any surface on the front of a seat back or restraining barrier 76 mm or more below the top of the seat back or restraining barrier. Fixed occupancy seat means a bench seat equipped with Type 2 seat belts that has a permanent configuration regarding the number of seating positions on the seat. The number of seating positions on the bench seat cannot be increased or decreased. Flexible occupancy seat means a bench seat equipped with Type 2 seat belts that can be reconfigured so that the number of seating positions on the seat can change. The seat has a minimum occupancy configuration and maximum occupancy configuration, and the number of passengers capable of being carried in the minimum occupancy configuration must differ from the number of passengers capable of being carried in the maximum occupancy configuration. Maximum occupancy configuration means, on a bench seat equipped with Type 2 seat belts, an arrangement whereby the lap belt portion of the Type 2 seat belts is such that the maximum number of occupants can be belted. Minimum occupancy configuration means, on a bench seat equipped with Type 2 seat belts, an arrangement whereby the lap belt portion of the Type 2 seat belts is such that the minimum number of occupants can be belted. School bus passenger seat means a seat in a school bus, other than the driver's seat. Seat bench width means the maximum transverse width of the bench seat cushion. Small occupant seating position means the center seating position on a flexible occupancy seat in a maximum occupancy configuration, if the torso belt portion of the Type 2 seat belt is intended to restrain occupants whose dimensions range from those of a 50th percentile 6 year- old child only to those of a 50th percentile 10 year-old child and the torso belt anchor point cannot achieve a minimum height of 520 mm above the seating reference point, as specified by S4.1.3.2(a) of 49 CFR 571.210. Wheelchair means a wheeled seat frame for the support and conveyance of a physically disabled person, comprised of at least a frame, seat, and wheels. Wheelchair occupant restraint anchorage means the provision for transferring wheelchair occupant restraint system loads to the vehicle structure. Wheelchair securement anchorage means the provision for transferring wheelchair securement device loads to the vehicle structure. Wheelchair securement device means a strap, webbing or other device used for securing a wheelchair to the school bus, including all necessary buckles and other fasteners. S4.1 Determination of the number of seating positions and seat belt positions (a) The number of seating positions considered to be in a bench seat for vehicles manufactured before October 21, 2011 is expressed by the symbol W, and calculated as the seat bench width in millimeters divided by 381 and rounded to the nearest whole number. (b) The number of seating positions and the number of Type 1 seat belt positions considered to be in a bench seat for vehicles manufactured on or after October 21, 2011 is expressed by the symbol W, and calculated as the seat bench width in millimeters divided by 380 and rounded to the nearest whole number. (c) Except as provided in S4.1(d), the number of Type 2 seat belt positions on [[Page 1035]] a flexible occupancy seat in a minimum occupancy configuration or a fixed occupancy seat for vehicles manufactured on or after October 21, 2011 is expressed by the symbol Y, and calculated as the seat bench width in millimeters divided by 380 and rounded to the next lowest whole number. The minimum seat bench width for a seat equipped with a Type 2 seat belt is 380 mm. See Table 1 for an illustration. (d) A flexible occupancy seat meeting the requirements of S4.1(c) may also have a maximum occupancy configuration with Y + 1 Type 2 seat belt positions, if the minimum seat bench width for this configuration is Y + 1 times 330 mm. See Table 1 for an illustration. (e) A flexible occupancy seat equipped with Type 2 seat belts in a maximum occupancy configuration may have up to one single small occupant seating position. Table 1--Number of Seating Positions as a Function of Seat Bench Width ---------------------------------------------------------------------------------------------------------------- Seat bench width (mm) Seating configuration --------------------------------------------------------------------- 380-659 660-759 760-989 990-1139 1140-1319 ---------------------------------------------------------------------------------------------------------------- Minimum or Fixed Occupancy................ 1 1 2 2 3 Maximum Occupancy......................... 1 2 2 3 3 ---------------------------------------------------------------------------------------------------------------- S5. Requirements. (a) Large school buses. (1) Each school bus manufactured before October 21, 2011 with a gross vehicle weight rating of more than 4,536 kg (10,000 pounds) shall be capable of meeting any of the requirements set forth under this heading when tested under the conditions of S6. However, a particular school bus passenger seat (i.e., a test specimen) in that weight class need not meet further requirements after having met S5.1.2 and S5.1.5, or having been subjected to either S5.1.3, S5.1.4, or S5.3. (2) Each school bus manufactured on or after October 21, 2011 with a gross vehicle weight rating of more than 4,536 kg (10,000 pounds) shall be capable of meeting any of the requirements set forth under this heading when tested under the conditions of S6 of this standard or Sec. 571.210. However, a particular school bus passenger seat (i.e., a test specimen) in that weight class need not meet further requirements after having met S5.1.2 and S5.1.5, or having been subjected to either S5.1.3, S5.1.4, S5.1.6 (if applicable), or S5.3. If S5.1.6.5.5(b) is applicable, a particular test specimen need only meet S5.1.6.5.5(b)(1) or (2) as part of meeting S5.1.6 in its entirety. Each vehicle with voluntarily installed Type 1 seat belts and seat belt anchorages at W seating positions in a bench seat, voluntarily installed Type 2 seat belts and seat belt anchorages at Y seat belt positions in a fixed occupancy seat, or voluntarily installed Type 2 seat belts and seat belt anchorages at Y and Y + 1 seat belt positions in a flexible occupancy seat, shall also meet the requirements of: (i) S4.4.3.2 of Standard No. 208 (49 CFR 571.208); (ii) Standard No. 209 (49 CFR 571.209), as they apply to school buses; and, (iii) Standard No. 210 (49 CFR 571.210) as it applies to school buses with a gross vehicle weight rating greater than 10,000 pounds. (b) Small school buses. Each vehicle with a gross vehicle weight rating of 4,536 kg (10,000 pounds) or less shall be capable of meeting the following requirements at all seating positions: (1)(i) In the case of vehicles manufactured before September 1, 1991, the requirements of Sec. Sec. 571.208, 571.209, and 571.210 as they apply to multipurpose passenger vehicles; (ii) [Reserved] (iii) In the case of vehicles manufactured on or after October 21, 2011 the requirements of S4.4.3.2 of Sec. 571.208 and the requirements of Sec. Sec. 571.207, 571.209 and 571.210 as they apply to school buses with a gross vehicle weight rating of 4,536 kg or less; and, (2) The requirements of S5.1.2, S5.1.3, S5.1.4, S5.1.5, S5.1.6, S5.1.7, S5.3, S5.4 and S5.5 of this standard. However, the requirements of Sec. Sec. 571.208 and 571.210 shall be met at Y seat belt positions in a fixed occupancy seat, and at Y and Y [[Page 1036]] + 1 seat belt positions for a flexible occupancy seat. A particular school bus passenger seat (i.e. a test specimen) in that weight class need not meet further requirements after having met S5.1.2 and S5.1.5, or after having been subjected to either S5.1.3, S5.1.4, S5.1.6, or S5.3 of this standard or Sec. 571.207, Sec. 571.210 or Sec. 571.225. S5.1 Seating requirements. School bus passenger seats shall be forward facing. S5.1.1 [Reserved] S5.1.2 Seat back height, position, and surface area. (a) For school buses manufactured before October 21, 2009, each school bus passenger seat must be equipped with a seat back that has a vertical height of at least 508 mm (20 inches) above the seating reference point. Each school bus passenger seat must be equipped with a seat back that, in the front projected view, has front surface area above the horizontal plane that passes through the seating reference point, and below the horizontal plane 508 mm (20 inches) above the seating reference point, of not less than 90 percent of the seat bench width in millimeters multiplied by 508. (b) For school buses manufactured on or after October 21, 2009, each school bus passenger seat must be equipped with a seat back that has a vertical height of at least 610 mm (24 inches) above the seating reference point. The minimum total width of the seat back at 610 mm (24 inches) above the seating reference point shall be 75 percent of the maximum width of the seat bench. Each school bus passenger seat must be equipped with a seat back that, in the front projected view, has front surface area above the horizontal plane that passes through the seating reference point, and below the horizontal plane 610 mm (24 inches) above the seating reference point, of not less than 90 percent of the seat bench width in millimeters multiplied by 610. S5.1.3 Seat performance forward. When a school bus passenger seat that has another seat behind it is subjected to the application of force as specified in S5.1.3.1 and S5.1.3.2, and subsequently, the application of additional force to the seat back as specified in S5.1.3.3 and S5.1.3.4: (a) The seat back force/deflection curve shall fall within the zone specified in Figure 1; (b) Seat back deflection shall not exceed 356 mm; (for determination of (a) and (b) the force/deflection curve describes only the force applied through the upper loading bar, and only the forward travel of the pivot attachment point of the upper loading bar, measured from the point at which the initial application of 44 N of force is attained.) (c) The seat shall not deflect by an amount such that any part of the seat moves to within 102 mm of any part of another school bus passenger seat or restraining barrier in its originally installed position; (d) The seat shall not separate from the vehicle at any attachment point; and (e) Seat components shall not separate at any attachment point. S5.1.3.1 Position the loading bar specified in S6.5 so that it is laterally centered behind the seat back with the bar's longitudinal axis in a transverse plane of the vehicle and in any horizontal plane between 102 mm above and 102 mm below the seating reference point of the school bus passenger seat behind the test specimen. S5.1.3.2 Apply a force of 3,114W newtons horizontally in the forward direction through the loading bar at the pivot attachment point. Reach the specified load in not less than 5 nor more than 30 seconds. S5.1.3.3 No sooner than 1.0 second after attaining the required force, reduce that force to 1,557W newtons and, while maintaining the pivot point position of the first loading bar at the position where the 1,557W newtons is attained, position a second loading bar described in S6.5 so that it is laterally centered behind the seat back with the bar's longitudinal axis in a transverse plane of the vehicle and in the horizontal plane 406 mm above the seating reference point of the school bus passenger seat behind the test specimen, and move the bar forward against the seat back until a force of 44 N has been applied. S5.1.3.4 Apply additional force horizontally in the forward direction through the upper bar until 452W joules [[Page 1037]] of energy have been absorbed in deflecting the seat back (or restraining barrier). Apply the additional load in not less than 5 seconds nor more than 30 seconds. Maintain the pivot attachment point in the maximum forward travel position for not less than 5 seconds nor more than 10 seconds and release the load in not less than 5 nor more than 30 seconds. (For the determination of S5.1.3.4 the force/deflection curve describes only the force applied through the upper loading bar, and the forward and rearward travel distance of the upper loading bar pivot attachment point measured from the position at which the initial application of 44 N of force is attained.) S5.1.4 Seat performance rearward. When a school bus passenger seat that has another seat behind it is subjected to the application of force as specified in S5.1.4.1 and S5.1.4.2: (a) Seat back force shall not exceed 9,786 N; (b) Seat back deflection shall not exceed 254 mm; (for determination of (a) and (b) the force/deflection curve describes only the force applied through the loading bar, and only the rearward travel of the pivot attachment point of the loading bar, measured from the point at which the initial application of 222 N is attained. (c) The seat shall not deflect by an amount such that any part of the seat moves to within 102 mm of any part of another passenger seat in its originally installed position; (d) The seat shall not separate from the vehicle at any attachment point; and (e) Seat components shall not separate at any attachment point. S5.1.4.1 Position the loading bar described in S6.5 so that it is laterally centered forward of the seat back with the bar's longitudinal axis in a transverse plane of the vehicle and in the horizontal plane 343 mm above the seating reference point of the test specimen, and move the loading bar rearward against the seat back until a force of 222 N has been applied. S5.1.4.2 Apply additional force horizontally rearward through the loading bar until 316W joules (J) of energy has been absorbed in deflecting the seat back. Apply the additional load in not less than 5 seconds nor more than 30 seconds. Maintain the pivot attachment point in the maximum rearward travel position for not less than 5 seconds nor more than 10 seconds and release the load in not less than 5 seconds nor more than 30 seconds. (For determination of S5.1.4.2 the force deflection curve describes the force applied through the loading bar and the rearward and forward travel distance of the loading bar pivot attachment point measured from the position at which the initial application of 222 N of force is attained.) S5.1.5 Seat cushion latching and retention. (a) School bus passenger seat cushions equipped with attachment devices that allow for the seat cushion to be removable without tools or to flip up must have a self-latching mechanism that latches when subjected to the conditions specified in S5.1.5.1. The seat cushion shall not separate from the seat at any attachment point when subjected to the conditions specified in S5.1.5.2 after being subjected to the conditions of S5.1.5.1. (b) School bus passenger seat cushions that are removable only with the use of tools shall not separate from the seat at any attachment point when subjected to the conditions of S5.1.5.2. S5.1.5.1 Release the seat cushion self-latching mechanism. Lift the seat cushion then place the seat cushion back in the down position without activating the self-latching mechanism, if possible. Apply a downward force of 216 N (48.4 pounds) to the center of the seat cushion. The downward force shall be applied in any period of not less than 1 and not more than 5 seconds, and maintained for 5 seconds. S5.1.5.2 Apply an upward force of 5 times the weight of the seat cushion to the center of the bottom of the seat cushion. The upward force shall be applied in any period of not less than 1 and not more than 5 seconds, and maintained for 5 seconds. S5.1.6 Quasi-static test of compartmentalization and Type 2 seat belt performance. This section applies to school buses manufactured on or after October 21, 2011 with a gross vehicle weight rating expressed in the first column of Tables 2 through 4, and that are [[Page 1038]] equipped with Type 2 seat belt assemblies. (a) Except as provided in S5.1.6(b), when tested under the conditions of S5.1.6.5.1 through S5.1.6.5.6, the criteria specified in S5.1.6.1 and S5.1.6.2 must be met. (b) A school bus passenger seat that does not have another seat behind it is not loaded with the upper and lower loading bars as specified in S5.1.6.5.2, S5.1.6.5.3, and S5.1.6.5.7 and is excluded from the requirements of S5.1.6.1(b). S5.1.6.1 Displacement limits. In Tables 2 and 3, AH is the height in millimeters of the school bus torso belt anchor point specified by S4.1.3.2(a) of Standard No. 210 (49 CFR 571.210) and [Phi] is the angle of the posterior surface of the seat back defined in S5.1.6.3 of this standard. (a) Any school bus torso belt anchor point, as defined in S3 of Standard No. 210, must not displace horizontally forward from its initial position (when [Phi] was determined) more than the value in millimeters calculated from the following expression in the second column of Table 2: Table 2--Torso Belt Anchor Point Displacement Limit ------------------------------------------------------------------------ Displacement limit in Gross vehicle weight rating millimeters ------------------------------------------------------------------------ More than 4,536 kg (10,000 pounds)........ (AH + 100) (tan[Phi] + 0.242/ cos[Phi]) Less than or equal to 4,536 kg (10,000 (AH + 100) (tan[Phi] + 0.356/ pounds). cos[Phi]) ------------------------------------------------------------------------ (b) A point directly rearward of any school bus torso belt anchor point, as defined in S3 of Standard No. 210 (49 CFR 571.210) on the rear facing surface of the seat back, must not displace horizontally forward from its initial position (when [Phi] was determined) more than the value in millimeters calculated from the following expression in the second column of Table 3: Table 3--Seat Back Point Displacement Limit ------------------------------------------------------------------------ Displacement limit in Gross vehicle weight rating millimeters ------------------------------------------------------------------------ More than 4,536 kg (10,000 pounds)........ (AH + 100) (tan[Phi] + 0.174/ cos[Phi]) Less than or equal to 4,536 kg (10,000 (AH + 100) (tan[Phi] + 0.259/ pounds). cos[Phi]) ------------------------------------------------------------------------ S5.1.6.2 Slippage of device used to achieve torso belt adjusted height. If the torso belt adjusted height, as defined in S3 of Standard No. 210 (49 CFR 571.210), is achieved without the use of an adjustable torso belt anchorage, the adjustment device must not slip more than 25 mm (1.0 inches) along the webbing or guide material upon which it moves for the purpose of adjusting the torso belt height. S5.1.6.3 Angle of the posterior surface of a seat back. If the seat back inclination is adjustable, the seat back is placed in the manufacturer's normal design riding position. If such a position is not specified, the seat back is positioned so it is in the most upright position. Position the loading bar specified in S6.5 of this standard so that it is laterally centered behind the seat back with the bar's longitudinal axis in a transverse plane of the vehicle in a horizontal plane within 6 mm (0.25 inches) of the horizontal plane passing through the seating reference point and move the bar forward against the seat back until a force of 44 N (10 pounds) has been applied. Position a second loading bar as described in S6.5 of this standard so that it is laterally centered behind the seat back with the bar's longitudinal axis in a transverse plane of the vehicle and in the horizontal plane 406 6 mm (16 0.25 inches) above the seating reference point, and move the bar forward against the seat back until a force of 44 N (10 pounds) has been applied. Determine the angle from vertical of a line in the longitudinal vehicle plane that passes through the geometric center of the cross-section of each cylinder, as shown in Figure 8. That angle is the angle of the posterior surface of the seat back. S5.1.6.4 The seat back must absorb 452W joules of energy when subjected to the force specified in S5.1.6.5.7. S5.1.6.5 Quasi-static test procedure. S5.1.6.5.1 Adjust the seat back as specified in S5.1.6.3. Place all torso anchor points in their highest position of adjustment. If the torso belt adjusted height, as defined in S3 of FMVSS No. 210, is achieved by a method other than an adjustable anchor point, initially place the torso belt adjusted height at its highest position. Then move the adjustment device 38 mm (1.5 inches) [[Page 1039]] downward with respect to its webbing or guide material. S5.1.6.5.2 Position the lower loading bar specified in S6.5 of this standard so that it is laterally centered behind the seat back with the bar's longitudinal axis in a transverse plane of the vehicle and in any horizontal plane between 102 mm (4 inches) above and 102 mm (4 inches) below the seating reference point of the school bus passenger seat behind the test specimen. Position the upper loading bar described in S6.5 so that it is laterally centered behind the seat back with the bar's longitudinal axis in a transverse plane of the vehicle and in the horizontal plane 406 mm (16 inches) above the seating reference point of the school bus passenger seat behind the test specimen. S5.1.6.5.3 Apply a force of 3,114W N (700W pounds) horizontally in the forward direction through the lower loading bar specified at S6.5 at the pivot attachment point. Reach the specified load in not less than 5 and not more than 30 seconds. No sooner than 1.0 second after attaining the required force, reduce that force to 1,557W N (350W pounds) and maintain the pivot point position of the loading bar at the position where the 1,557W N (350W pounds) is attained until the completion of S5.1.6.5.7 of this standard. S5.1.6.5.4 Position the body block specified in Figure 3 of FMVSS No. 210 (49 CFR 571.210) under each torso belt (between the torso belt and the seat back) in the passenger seat and apply a preload force of 600 50 N (135 11 pounds) on each body block in a forward direction parallel to the longitudinal centerline of the vehicle pursuant to the specifications of Standard No. 210 (49 CFR 571.210). After preload application is complete, the origin of the 203 mm body block radius at any point across the 102 mm body block thickness shall lie within the zone defined by S5.1.6.5.4(a) and S5.1.6.5.4(b) as shown in Figure 9: (a) At or rearward of a transverse vertical plane of the vehicle located 100 mm longitudinally forward of the seating reference point. (b) Within 75 mm of the horizontal plane located midway between the horizontal plane passing through the school bus torso belt adjusted height, specified in S3 of Standard No. 210 (49 CFR 571.210), and the horizontal plane 100 mm below the seating reference point. S5.1.6.5.5 Load application. (a) Fixed Occupancy Seat. For school buses with the gross vehicle weight rating listed in the first column of Table 4, if the expression in the second column is true, simultaneously apply the force listed in the third column to each body block. Table 4--Torso Body Block Forces for Fixed Occupancy Seats ------------------------------------------------------------------------ Gross vehicle weight rating True expression Applied force ------------------------------------------------------------------------ More than 4,536 kg (10,000 ((seat bench width 3,300 N (742 pounds). in mm)--(380Y)) pounds). <=25 mm (1 inch). More than 4,536 kg (10,000 ((seat bench width 5,000 N (1,124 pounds). in mm)--(380Y)) pounds). 25 mm (1 inch). Less than or equal to 4,536 kg ((seat bench width 5,000 N (1,124 (10,000 pounds). in mm)--(380Y)) pounds). <=25 mm (1 inch). Less than or equal to 4,536 kg ((seat bench width 7,500 N (1,686 (10,000 pounds). in mm)--(380Y)) pounds). 25 mm (1 inch). ------------------------------------------------------------------------ (b) Flexible Occupancy Seat. (1) For school buses with the gross vehicle weight rating listed in the first column of Table 5 and a bench seat in the maximum occupancy configuration for a flexible occupancy seat of Y + 1 seat belt positions as specified in S4.1(d), simultaneously apply the force listed in the second column of Table 5 to each body block. Table 5--Torso Body Block Forces in Maximum Occupancy Configuration ------------------------------------------------------------------------ Gross vehicle weight rating Applied force ------------------------------------------------------------------------ More than 4,536 kg (10,000 pounds)........ 3,300 N (742 pounds). Less than or equal to 4,536 kg (10,000 5,000 N (1,124 pounds). pounds). ------------------------------------------------------------------------ (2) For a flexible occupancy seat in the minimum occupant configuration, [[Page 1040]] apply the forces to each body block as specified in S5.1.6.5.5(a). S5.1.6.5.6 Reach the specified load in not less than 5 and not more than 30 seconds. While maintaining the load, measure the school bus torso belt anchor point and seat back point horizontal displacement and then remove the body block. S5.1.6.5.7 Move the upper bar forward against the seat back until a force of 44 N has been applied. Apply an additional force horizontally in the forward direction through the upper bar until 452W joules of energy have been absorbed in deflecting the seat back. The maximum travel of the pivot attachment point for the upper loading bar shall not exceed 356 mm as measured from the position at which the initial application of 44 N of force is attained and the maximum load must stay below the upper boundary of the force/deflection zone in Figure 1. Apply the additional load in not less than 5 seconds and not more than 30 seconds. Maintain the pivot attachment point at the maximum forward travel position for not less than 5 seconds, and not more than 10 seconds and release the load in not less than 5 seconds and not more than 30 seconds. (For the determination of S5.1.6.5.7, the energy calculation describes only the force applied through the upper loading bar, and the forward and rearward travel distance of the upper loading bar pivot attachment point measured from the position at which the application in this section of 44 N of force is attained.) S5.1.7 Buckle side length limit. This section applies to rear passenger seats on school buses manufactured on or after October 21, 2011 that are equipped with Type 1 or Type 2 seat belt assemblies. All portions of the buckle/latchplate assembly must remain rearward of the limit plane defined in S5.1.7.1 when tested under the conditions of S5.1.7.2. S5.1.7.1 Buckle/latchplate limit plane. Establish a transverse limit plane 65 mm from the SgRP that is perpendicular to a transverse plane that passes through the SgRP at an angle of 50 degrees to the horizontal. S5.1.7.2 Load application. Insert the seat belt latchplate into the seat belt buckle. Apply a 20 N load to the buckle/latchplate assembly whose vector is in a vertical longitudinal plane. Apply the load along the centerline of the webbing attached to the latchplate at least 100mm from the nearest point on the latchplate. The load may be applied at any angle in the range of 30 to 75 degrees from horizontal. S5.2 Restraining barrier requirements. Each vehicle shall be equipped with a restraining barrier forward of any designated seating position that does not have the rear surface of another school bus passenger seat within 610 mm of its seating reference point, measured along a horizontal longitudinal line through the seating reference point in the forward direction. S5.2.1 Barrier-seat separation. The horizontal distance between the restraining barrier's rear surface and the seating reference point of the seat in front of which the barrier is required shall not be more than 610 mm measured along a horizontal longitudinal line through the seating reference point in the forward direction. S5.2.2 Barrier height, position, and rear surface area. The position and rear surface area of the restraining barrier shall be such that, in a front projected view of the bus, each point of the barrier's perimeter coincides with or lies outside of the perimeter of the minimum seat back area required by S5.1.2 for the seat immediately rearward of the restraining barrier. S5.2.3 Barrier performance forward. When force is applied to the restraining barrier in the same manner as specified in S5.1.3.1 through S5.1.3.4 for seating performance tests: (a) The restraining barrier force/deflection curve shall fall within the zone specified in Figure 1; (b) Restraining barrier deflection shall not exceed 356 mm; (for computation of (a) and (b) the force/deflection curve describes only the force applied through the upper loading bar, and only the forward travel of the pivot attachment point of the loading bar, measured from the point at which the initial application of 44 N of force is attained.) (c) Restraining barrier deflection shall not interfere with normal door operation; [[Page 1041]] (d) The restraining barrier shall not separate from the vehicle at any attachment point; and (e) Restraining barrier components shall not separate at any attachment point. S5.3 Impact zone requirements. S5.3.1 Head protection zone. Any contactable surface of the vehicle within any zone specified in S5.3.1.1 shall meet the requirements of S5.3.1.2 and S5.3.1.3. However, a surface area that has been contacted pursuant to an impact test need not meet further requirements contained in S5.3. S5.3.1.1 The head protection zones in each vehicle are the spaces in front of each school bus passenger seat which are not occupied by bus sidewall, window, or door structure and which, in relation to that seat and its seating reference point, are enclosed by the following planes; (a) Horizontal planes 305 mm and 1016 mm above the seating reference point; (b) A vertical longitudinal plane tangent to the inboard (aisle side) edge of the seat; and (c) A vertical longitudinal plane 83 mm inboard of the outboard edge of the seat; (d) Vertical transverse planes through and 762 mm forward of the reference point. S5.3.1.2 Head form impact requirement. When any contactable surface of the vehicle within the zones specified in S5.3.1.1 is impacted from any direction at 6.7 m/s by the head form described in S6.6, the axial acceleration at the center of gravity of the head form shall be such that the expression [GRAPHIC] [TIFF OMITTED] TR27MY98.016 shall not exceed 1,000 where ``a'' is the axial acceleration expressed as a multiple of ``g'' (the acceleration due to gravity), and ``t1'' and ``t2'' are any two points in time during the impact. S5.3.1.3 Head form force distribution. When any contactable surface of the vehicle within the zones specified in S5.3.1.1 is impacted from any direction at 6.7 m/s by the head form described in S6.6, the energy necessary to deflect the impacted material shall be not less than 4.5 joules before the force level on the head form exceeds 667 N. When any contactable surface within such zones is impacted by the head form from any direction at 1.5 m/s the contact area on the head form surface shall be not less than 1,935 mm\2\. S5.3.2 Leg protection zone. Any part of the seat backs or restraining barriers in the vehicle within any zone specified in S5.3.2.1 shall meet the requirements of S5.3.2.2. S5.3.2.1 The leg protection zones of each vehicle are those parts of the school bus passenger seat backs and restraining barriers bounded by horizontal planes 305 mm above and 102 mm below the seating reference point of the school bus passenger seat immediately behind the seat back or restraining barrier. S5.3.2.2 When any point on the rear surface of that part of a seat back or restraining barrier within any zone specified in S5.3.2.1 is impacted from any direction at 4.9 m/s by the knee form specified in S6.7, the resisting force of the impacted material shall not exceed 2,669 N and the contact area on the knee form surface shall not be less than 1,935 mm\2\. S5.4 Each school bus having one or more locations designed for carrying a person seated in a wheelchair shall comply with S5.4.1 through S5.4.4 at each such wheelchair location. S5.4.1 Wheelchair securement anchorages. Each wheelchair location shall have not less than four wheelchair securement anchorages complying with S5.4.1.1 through S5.4.1.3. S5.4.1.1 Each wheelchair securement anchorage shall have a wheelchair securement device complying with S5.4.2 attached to it. S5.4.1.2 The wheelchair securement anchorages at each wheelchair location shall be situated so that-- (a) A wheelchair can be secured in a forward-facing position. (b) The wheelchair can be secured by wheelchair securement devices at two locations in the front and two locations in the rear. (c) The front wheel of a three-wheeled wheelchair can be secured. [[Page 1042]] S5.4.1.3 Each wheelchair securement anchorage shall be capable of withstanding a force of 13,344 Newtons applied as specified in paragraphs (a) through (d) of this section. When more than one securement device share a common anchorage, the anchorage shall be capable of withstanding a force of 13,344 Newtons multiplied by the number of securement devices sharing that anchorage. (a) The initial application force shall be applied at an angle of not less than 30 degrees, but not more than 60 degrees, measured from the horizontal. (See Figure 4.) (b) The horizontal projection of the force direction shall be within a horizontal arc of 45 degrees relative to a longitudinal line which has its origin at the anchorage location and projects rearward for an anchorage whose wheelchair securement device is intended to secure the front of the wheelchair and forward for an anchorage whose wheelchair securement device is intended to secure the rear of the wheelchair. (See Figure 4.) (c) The force shall be applied at the onset rate of not more than 133,440 Newtons per second. (d) The 13,344 Newton force shall be attained in not more than 30 seconds, and shall be maintained for 10 seconds. S5.4.2 Wheelchair securement devices. Each wheelchair securement device shall-- (a) If incorporating webbing or a strap-- (1) Comply with the requirements for Type 1 safety belt systems in S4.2, S4.3, and S4.4(a) of FMVSS No. 209, Seat Belt Assemblies; and (2) Provide a means of adjustment to remove slack from the device. (b) If not incorporating webbing or a strap, limit movement of the wheelchair through either the equipment design or a means of adjustment. S5.4.3 Wheelchair occupant restraint anchorages. S5.4.3.1 Each wheelchair location shall have: (a) Not less than one anchorage for the upper end of the upper torso restraint; and (b) Not less than two floor anchorages for wheelchair occupant pelvic and upper torso restraint. S5.4.3.2 Each wheelchair occupant restraint floor anchorage shall be capable of withstanding a force of 13,344 Newtons applied as specified in paragraphs (a) through (d). When more than one wheelchair occupant restraint share a common anchorage, the anchorage shall be capable of withstanding a force of 13,344 Newtons multiplied by the number of occupant restraints sharing that anchorage. (a) The initial application force shall be applied at an angle of not less than 45 degrees, but not more than 80 degrees, measured from the horizontal. (See Figure 5.) (b) The horizontal projection of the force direction shall be within a horizontal arc of 45 degrees relative to a longitudinal line which has its origin at the anchorage and projects forward. (See Figure 5.) (c) The force shall be applied at an onset rate of not more than 133,440 Newtons per second. (d) The 13,344 Newton force shall be attained in not more than 30 seconds, and shall be maintained for 10 seconds. (e) When a wheelchair securement device and an occupant restraint share a common anchorage, including occupant restraint designs that attach the occupant restraint to the securement device or the wheelchair, the loads specified by S5.4.1.3 and S5.4.3.2 shall be applied simultaneously, under the conditions specified in S5.4.3.2 (a) and (b). (See Figure 6.) S5.4.3.3 Each anchorage for a wheelchair occupant upper torso restraint shall be capable of withstanding a force of 6,672 Newtons applied as specified in paragraphs (a) through (d). (a) The initial application force shall be applied at a vertical angle of not less than zero degrees, but not more than 40 degrees, below a horizontal plane which passes through the anchorage. (See Figure 7.) (b) The projection of the force direction onto the horizontal plane shall be within zero degrees and 45 degrees as measured from a longitudinal line with its origin at the anchorage and projecting forward. (See Figure 7.) (c) The force shall be applied at the onset rate of not more than 66,720 Newtons per second. [[Page 1043]] (d) The 6,672 Newton force shall be attained in not more than 30 seconds, and shall be maintained for 10 seconds. S5.4.4 Wheelchair occupant restraints. (a) Each wheelchair location shall have wheelchair occupant pelvic and upper torso restraints attached to the anchorages required by S5.4.3. (b) Each wheelchair occupant restraint shall comply with the requirements for Type 2 safety belt systems in S4.2, S4.3, and S4.4(b) of FMVSS No. 209, Seat Belt Assemblies. S5.5 Labeling. (a) A small occupant seating position must be permanently and legibly marked or labeled with the phrase: ``Do Not Sit In Middle Seat If Over Age 10''. The phrase must be comprised of no more than two lines of text. The label must be placed on the torso belt portion of the Type 2 seat belt. It must be plainly visible and easily readable when the seat belt is in a stored position. The distance from the top edge of the top line of text to the bottom edge of the bottom line of text must be at least 35 mm. If the label is sewn on, it must be stitched around its entire perimeter. (b) [Reserved] S6. Test conditions. The following conditions apply to the requirements specified in S5. S6.1 Test surface. The bus is at rest on a level surface. S6.2 Tires. Tires are inflated to the pressure specified by the manufacturer for the gross vehicle weight rating. S6.3 Temperature. The ambient temperature is any level between 0 degrees C and 32 degrees C. S6.4 Seat back position. If adjustable, a seat back is adjusted to its most upright position. S6.5 Loading bar. The loading bar is a rigid cylinder with an outside diameter of 152 mm that has hemispherical ends with radii of 76 mm and with a surface roughness that does not exceed 1.6 [micro]m, root mean square. The length of the loading bar is 102 mm less than the width of the seat back in each test. The stroking mechanism applies force through a pivot attachment at the center point of the loading bar which allows the loading bar to rotate in a horizontal plane 30 degrees in either direction from the transverse position. S6.5.1 A vertical or lateral force of 17,792 N applied externally through the pivot attachment point of the loading bar at any position reached during a test specified in this standard shall not deflect that point more than 25 mm. S6.6 Head form. The head form for the measurement of acceleration is a rigid surface comprised of two hemispherical shapes, with total equivalent mass of 5.2 kg. The first of the two hemispherical shapes has a diameter of 166 mm. The second of the two hemispherical shapes has a 50 mm diameter and is centered as shown in Figure 3 to protrude from the outer surface of the first hemispherical shape. The surface roughness of the hemispherical shapes does not exceed 1.6 [micro]m, root mean square. S6.6.1 The direction of travel of the head form is coincidental with the straight line connecting the centerpoints of the two spherical outer surfaces which constitute the head form shape. S6.6.2 The head form is instrumented with an acceleration sensing device whose output is recorded in a data channel that conforms to the requirements for a 1,000 Hz channel class as specified in SAE Recommended Practice J211a (1971) (incorporated by reference, see Sec. 571.5). The head form exhibits no resonant frequency below three times the frequency of the channel class. The axis of the acceleration sensing device coincides with the straight line connecting the centerpoints of the two hemispherical outer surfaces which constitute the head form shape. S6.6.3 The head form is guided by a stroking device so that the direction of travel of the head form is not affected by impact with the surface being tested at the levels called for in the standard. S6.7 Knee form. The knee form for measurement of force is a rigid 76 millimeter-diameter cylinder, with an equivalent weight of 44 N that has one hemispherical end with a 38 mm radius forming a contact surface of the knee form. The hemispherical surface roughness does not exceed 1.6 [micro]m, root mean square. S6.7.1 The direction of travel of the knee form is coincidental with the centerline of the rigid cylinder. [[Page 1044]] S6.7.2 The knee form is instrumented with an acceleration sensing device whose output is recorded in a data channel that conforms to the requirements of a 600 Hz channel class as specified in SAE Recommended Practice J211a (1971) (incorporated by reference, see Sec. 571.5). The knee form exhibits no resonant frequency below three times the frequency of the channel class. The axis of the acceleration sensing device is aligned to measure acceleration along the centerline of the cylindrical knee form. S6.7.3 The knee form is guided by a stroking device so that the direction of travel of the knee form is not affected by impact with the surface being tested at the levels called for in the standard. S6.8 The head form, knee form, and contactable surfaces are clean and dry during impact testing. [GRAPHIC] [TIFF OMITTED] TR27MY98.008 [[Page 1045]] [GRAPHIC] [TIFF OMITTED] TR27MY98.009 [[Page 1046]] [GRAPHIC] [TIFF OMITTED] TR27MY98.010 [[Page 1047]] [GRAPHIC] [TIFF OMITTED] TC01AU91.141 [[Page 1048]] [GRAPHIC] [TIFF OMITTED] TC01AU91.142 [[Page 1049]] [GRAPHIC] [TIFF OMITTED] TC01AU91.143 [[Page 1050]] [GRAPHIC] [TIFF OMITTED] TC01AU91.144 [[Page 1051]] [GRAPHIC] [TIFF OMITTED] TR21OC08.059 [[Page 1052]] [GRAPHIC] [TIFF OMITTED] TR21OC08.060 [41 FR 4018, Jan. 28, 1976] Editorial Note: For Federal Register citations affecting Sec. 571.222, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Sec. 571.223 Standard No. 223; Rear impact guards. S1. Scope. This standard specifies requirements for rear impact guards for trailers and semitrailers. S2. Purpose. The purpose of this standard is to reduce the number of deaths and serious injuries that occur when light duty vehicles collide with the rear end of trailers and semitrailers. S3. Application. This standard applies to rear impact guards for trailers and semitrailers subject to Federal Motor Safety Standard No. 224, Rear Impact Protection (Sec. 571.224). S4. Definitions. In this standard, directional terms such as bottom, center, height, horizontal, longitudinal, transverse, and rear refer to directions relative to the vehicle orientation when the guard is oriented as if it were installed on a vehicle according to the installation instructions in S5.5 of this section. [[Page 1053]] Chassis means the load supporting frame structure of a motor vehicle. Guard width means the maximum horizontal guard dimension that is perpendicular to the longitudinal vertical plane passing through the longitudinal centerline of the vehicle when the guard is installed on the vehicle according to the installation instructions in S5.5 of this section. Horizontal member means the structural member of the guard that meets the configuration requirements of S5.1.1 through 5.1.3 of Sec. 571.224, Rear Impact Protection, when the guard is installed on a vehicle according to the guard manufacturer's installation instructions. Hydraulic guard means a guard designed to use fluid properties to provide resistance force to deformation. Rear impact guard means a device installed on or near the rear of a vehicle so that when the vehicle is struck from the rear, the device limits the distance that the striking vehicle's front end slides under the rear end of the impacted vehicle. Rigid test fixture means a supporting structure on which a rear impact guard can be mounted in the same manner it is mounted to a vehicle. The rigid test fixture is designed to resist the forces applied to the rear impact guard without significant deformation, such that a performance requirement of this standard must be met no matter how small an amount of energy is absorbed by the rigid test fixture. S5. Requirements. S5.1 Projected Vertical Height. The horizontal member of each guard, when viewed from the rear as it would be installed on a trailer pursuant to the installation instructions or procedures required by S5.5 of this standard, shall have a vertical height of at least 100 mm at each point across the guard width, when projected horizontally on a transverse vertical plane. Those installation instructions or procedures shall specify that the guard is to be mounted so that all portions of the horizontal member necessary to achieve a 100 mm high projected vertical height are located not more than 305 mm forward of the vehicle's rear extremity, as defined in S4 of 49 CFR 571.224, Rear Impact Protection. See Figure 1 of this section. S5.2 Strength and Energy Absorption. When tested under the procedures of S6 of this section, each guard shall comply with the strength requirements of S5.2.1 of this section at each test location and the energy absorption requirements of S5.2.2 of this section at test location P3, as specified in S6.4 of this section. However, a particular guard (i.e., test specimen) need not be tested at more than one location. S5.2.1 Guard Strength. The guard must resist the force levels specified in S5.2.1 (a) through (c) of this section without deflecting by more than 125 mm. (a) A force of 50,000 N at test location P1 on either the left or the right side of the guard as defined in S6.4(a) of this section. (b) A force of 50,000 N at test location P2 as defined in S6.4(b) of this section. (c) A force of 100,000 N at test location P3 on either the left or the right side of the guard as defined in S6.4(c) of this section. S5.2.2 Guard Energy Absorption. A guard, other than a hydraulic guard, shall absorb by plastic deformation within the first 125 mm of deflection at least 5,650 J of energy at each test location P3. See Figure 2 of this section. S5.3 Labeling. Each guard shall be permanently labeled with the information specified in S5.3 (a) through (c) of this section. The information shall be in English and in letters that are at least 2.5 mm high. The label shall be placed on the forward or rearward facing surface of the horizontal member of the guard, provided that the label does not interfere with the retroreflective sheeting required by S5.7.1.4.1(c) of FMVSS No. 108 (49 CFR 571.108), and is readily accessible for visual inspection. (a) The guard manufacturer's name and address. (b) The statement: ``Manufactured in ________'' (inserting the month and year of guard manufacture). (c) The letters ``DOT'', constituting a certification by the guard manufacturer that the guard conforms to all requirements of this standard. S5.4 Guard Attachment Hardware. Each guard, other than a guard that is to be installed on a vehicle manufactured by the manufacturer of the [[Page 1054]] guard, shall be accompanied by all attachment hardware necessary for installation of the guard on the chassis of the motor vehicle for which it is intended. S5.5 Installation Instructions. The manufacturer of rear impact guards for sale to vehicle manufacturers shall include with each guard printed instructions in English for installing the guard, as well as a diagram or schematic depicting proper guard installation. The manufacturer of a rear impact guard for one of its own vehicles shall prepare and keep a copy of installation procedures applicable to each vehicle/guard combination for a period of one year from the date of vehicle manufacture and provide them to NHTSA on request. The instructions or procedures shall specify: (a) Vehicles on which the guard can be installed. Vehicles may be designated by listing the make and model of the vehicles for which the guard is suitable, or by specifying the design elements that would make any vehicle an appropriate host for the particular guard (e.g., vehicles with frame rails of certain spacing and gauge of steel). (b) A description of the chassis surface to which the guard will be attached, including frame design types with dimensions, material thickness, and tire track width. This description shall be detailed enough to permit the agency to locate and duplicate the chassis surface during compliance testing. (c) An explanation of the method of attaching the guard to the chassis of each vehicle make and model listed or to the design elements specified in the instructions or procedures. The principal aspects of vehicle chassis configuration that are necessary to the proper functioning of the guard shall be specified. If the chassis strength is inadequate for the guard design, the instructions or procedures shall specify methods for adequately reinforcing the vehicle chassis. Procedures for properly installing any guard attachment hardware shall be provided. S6. Guard Test Procedures. The procedures for determining compliance with S5.2 of this section are specified in S6.1 through S6.6 of this section. S6.1 Preparation of Hydraulic Guards. For hydraulic guards, the horizontal member of the guard is deflected in a forward direction until the hydraulic unit(s) have reached the full extent of their designed travel or 610 mm, whichever occurs first. The hydraulic units are compressed before the application of force to the guard in accordance with S6.6 of this section and maintained in this condition throughout the testing under S6.6 of this section. S6.2 Guard Installation for Strength and Energy Absorption Tests. (a) The rear impact guard is attached to a test device. (b) The test device for the compliance test will be whichever of the following devices, if either was used, the manufacturer used as a basis for its certification of the guard in S5.3(c) of this section. If the manufacturer did not use one of these devices or does not specify a device when asked by the agency, the agency may choose either of the following devices-- (1) A rigid test fixture. In the case of testing on a rigid test fixture NHTSA will consult the installation instructions or procedures to determine the surface or structure that the guard is supposed to be mounted to and mount it to the rigid test fixture in the same way. (2) A complete trailer for which installation of the guard is suitable, as provided in the manufacturer's installation instructions or procedures required by S5.5 of this section. The trailer chassis is secured so that it behaves essentially as a fixed object during the test, such that the test must be passed no matter how little it moves during the test. (c) The guard is attached in accordance with the instructions or procedures for guard attachment provided by the guard manufacturer for that guard as required by S5.5 of this section. S6.3 Force Application Device. The force application device employed in S6.6 of this section consists of a rectangular solid made of rigid steel. The steel solid is 203 mm in height, 203 mm in width, and 25 mm in thickness. The 203 mm by 203 mm face of the block is used as the contact surface for application of the forces specified in S5.2.1 (a) [[Page 1055]] through (c) of this section. Each edge of the contact surface of the block has a radius of curvature of 5 mm plus or minus 1 mm. S6.4 Test Locations. With the guard mounted to the rigid test fixture or to a complete trailer, determine the test locations P1, P2, and P3 in accordance with the procedure set forth in S6.4 (a) through (c) of this section. See Figure 1 of this section. (a) Test location P1 is the point on the rearmost surface of the horizontal member of the guard that: (1) Is located at a distance of \3/8\ of the guard width from the vertical longitudinal plane passing through center of the guard; (2) Lies on either side of the center of the guard's horizontal member; and (3) Is 50 mm above the bottom of the guard. (b) Test location P2 is the point on the rearmost surface of the horizontal member of the guard that: (1) Lies in the longitudinal vertical plane passing through the center of the guard's horizontal member; and (2) Is 50 mm above the bottom of the guard. (c) Test location P3 is any point on the rearmost surface of the horizontal member of the guard that: (1) Is not less than 355 mm and not more than 635 mm from the vertical longitudinal plane passing through center of the guard; (2) Lies on either the right or left side of the horizontal member of the guard; and (3) Is 50 mm above the bottom of the guard. S6.5 Positioning of Force Application Device. Before applying any force to the guard, locate the force application device such that: (a) The center point of the contact surface of the force application device is aligned with and touching the guard test location, as defined by the specifications of S6.4 of this section. (b) The longitudinal axis of the force application device passes through the test location and is perpendicular to the transverse vertical plane that is tangent to the rearmost surface of the guard's horizontal member. S6.6 Force Application. After the force application device has been positioned according to S6.5 of this section, apply the loads specified in S5.2.1 of this section. Load application procedures are specified in the S6.6 (a) through (d) of this section. (a) Using the force application device, apply force to the guard in a forward direction such that the displacement rate of the force application device is the rate, plus or minus 10 percent, designated by the guard manufacturer within the range of 2.0 cm per minute to 9.0 cm per minute. If the guard manufacturer does not designate a rate, any rate within that range may be chosen. (b) If conducting a strength test to satisfy the requirement of S5.2.1 of this section, the force is applied until the forces specified in S5.2.1 of this section have been exceeded, or until the displacement of the force application device has reached at least 125 mm, whichever occurs first. (c) If conducting a test to be used for the calculation of energy absorption levels to satisfy the requirement of S5.2.2 of this section, apply the force to the guard until displacement of the force application device has reached 125 mm. For calculation of guard energy absorption, the value of force is recorded at least ten times per 25 mm of displacement of the contact surface of the loading device. Reduce the force until the guard no longer offers resistance to the force application device. Produce a force vs. deflection diagram of the type shown in Figure 2 of this section using this information. Determine the energy absorbed by the guard by calculating the shaded area bounded by the curve in the force vs. deflection diagram and the abscissa (X-axis). (d) During each force application, the force application device is guided so that it does not rotate. At all times during the application of force, the location of the longitudinal axis of the force application device remains constant. [[Page 1056]] [GRAPHIC] [TIFF OMITTED] TC01AU91.145 [[Page 1057]] [GRAPHIC] [TIFF OMITTED] TC01AU91.146 [61 FR 2030, Jan. 24, 1996, as amended at 63 FR 3662, Jan. 26, 1998; 69 FR 67662, Nov. 19, 2004] Effective Date Note: At 87 FR 42366, July 15, 2022, Sec. 571.223 was amended by... a. Revising S3; b. Adding definitions of ``Ground clearance'' and ``Load path'' in alphabetical order in S4; c. Revising S5.2, S5.5(c), S6 introductory text, S6.3, S6.4 introductory text, S6.4(a) introductory text, and S6.4(b) introductory text; d. Removing S6.4(c); e. Revising S6.5 introductory text and S6.5(a); f. Adding S6.5(c); g. Revising S6.6 introductory text, S6.6(b), and S6.6(c); f. Adding S6.7 through S6.9; g. Revising Figures 1 and 2; and h. Adding Figures 3 and 4,Effective Jan. 11, 2023. For the convenience of the user, the added and revised text is set forth as follows: Sec. 571.223 Standard No. 223; Rear impact guards * * * * * S3. Application. This standard applies to rear impact guards for trailers and semitrailers subject to Federal Motor Vehicle Safety Standard No. 224, Rear Impact Protection (Sec. 571.224). S4. * * * Ground clearance means the vertical distance from the bottom edge of a horizontal member to the ground. * * * * * Load path means a route of force transmission between the horizontal member and the chassis. * * * * * [[Page 1058]] S5.2 Strength and Energy Absorption. When tested under the procedures of S6 of this section, each guard shall comply with the strength requirements of S5.2.1 of this section at each test location and the energy absorption requirements of S5.2.2 of this section when a distributed load is applied uniformly across the horizontal member, as specified in S6.8 of this section. However, a particular guard (i.e., test specimen) need not be tested at more than one location. S5.2.1 Guard Strength. The guard must resist the force levels specified in S5.2.1(a) through (c) of this section without deflecting by more than 125 mm and without eliminating any load path that existed before the test was initiated. (a) A force of 50,000 N applied in accordance with S6.6 of this section at test location P1 on either the left or the right side of the guard as defined in S6.4(a) of this section. (b) A force of 50,000 N applied in accordance with S6.6 of this section at test location P2 as defined in S6.4(b) of this section. (c) A uniform distributed force of at least 350,000 N applied across the horizontal member, as specified in S6.8 of this section and in accordance with S6.6 of this section. S5.2.2 Guard Energy Absorption. (a) A guard, other than a hydraulic guard or one installed on a tanker trailer, when subjected to a uniform distributed load applied in accordance with S6.6(c) of this section: (1) Shall absorb by plastic deformation at least 20,000 J of energy within the first 125 mm of deflection without eliminating any load path that existed before the test was initiated; and (2) Have a ground clearance not exceeding 560 mm, measured at each support to which the horizontal member is attached, as shown in Figure 4 of this section, after completion of the load application. (b) A guard, other than a hydraulic guard or one installed on a tanker trailer, that demonstrates resistance to a uniform distributed load greater than 700,000 N applied in accordance with S6.6(b) of this section, need not meet the energy absorption requirements of S5.2.2(a) of this section but must have a ground clearance not exceeding 560 mm at each vertical support to which the horizontal member is attached after completion of the 700,000 N load application. * * * * * S5.5 * * * (c) An explanation of the method of attaching the guard to the chassis of each vehicle make and model listed or to the design elements specified in the instructions or procedures. The principal aspects of vehicle chassis configuration that are necessary to the proper functioning of the guard shall be specified including the maximum allowable vertical distance between the bottom edge of the horizontal member of the guard and the ground to ensure post-test ground clearance requirements are met. If the chassis strength is inadequate for the guard design, the instructions or procedures shall specify methods for adequately reinforcing the vehicle chassis. Procedures for properly installing any guard attachment hardware shall be provided. S6. Guard Test Procedures. The procedures for determining compliance with S5.2 of this section are specified in S6.1 through S6.9 of this section. * * * * * S6.3 Point Load Force Application Device. The force application device employed in S6.6 of this section consists of a rectangular solid made of rigid steel. The steel solid is 203 mm in height, 203 mm in width, and 25 mm in thickness. The 203 mm by 203 mm face of the block is used as the contact surface for application of the forces specified in S5.2.1(a) and (b) of this section. Each edge of the contact surface of the block has a radius of curvature of 5 mm plus or minus 1 mm. S6.4 Point Load Test Locations. With the guard mounted to the rigid test fixture or to a complete trailer, determine the test locations P1 and P2 in accordance with the procedure set forth in S6.4(a) and (b) of this section. See Figure 1 of this section. (a) Point Load Test location P1 is the point on the rearmost surface of the horizontal member of the guard that: * * * * * (b) Point Load Test location P2 is the point on the rearmost surface of the horizontal member of the guard that: * * * * * S6.5 Positioning of Force Application Device. Before applying any force to the guard, locate the force application device specified in S6.3 of this section for the point load test location and that specified in S6.7 of this section for the uniform distributed load test location, such that: (a) The center point of the contact surface of the force application device is aligned with and touching the guard test location, as defined by the specifications of S6.4 of this section for the point load test locations, and S6.8 of this section for the uniform distributed load test location. * * * * * (c) If the guard is tested on a rigid test fixture, the vertical distance from the bottom edge of the horizontal member to the ground at the location of each support to which the [[Page 1059]] horizontal member is attached, shall be measured. S6.6 Force Application. After the force application device has been positioned according to S6.5 of this section, at the point load test locations specified in S6.4 of this section or the uniform distributed load test location specified in S6.8 of this section, apply the loads specified in S5.2 of this section. Load application procedures are specified in S6.6(a) through (d) of this section. * * * * * (b) If conducting a strength test to satisfy the requirement of S5.2.1 or S5.2.2(b) of this section, the force is applied until the forces specified in S5.2.1 or S5.2.2(b) of this section have been exceeded, or until the displacement of the force application device has reached at least 125 mm whichever occurs first. (c) If conducting a test to be used for the calculation of energy absorption levels to satisfy the requirement of S5.2.2(a) of this section, apply a uniform distributed force to the guard until displacement of the force application device, specified in S6.7 of this section, has reached 125 mm. For calculation of guard energy absorption, the value of force is recorded at least ten times per 25 mm of displacement of the contact surface of the loading device. Reduce the force until the guard no longer offers resistance to the force application device. Produce a force vs. deflection diagram of the type shown in Figure 2 of this section using this information. Determine the energy absorbed by the guard by calculating the shaded area bounded by the curve in the force vs. deflection diagram and the abscissa (X-axis). * * * * * S6.7 Uniform Distributed Load Force Application Device. The force application device to be employed in applying the uniform distributed load is to be unyielding, have a height of 203 mm, and have a width that exceeds the distance between the outside edges of the outermost supports to which the tested portion of the horizontal member is attached, as shown in Figure 3 of this section. S6.8 Uniform Distributed Load Test Location. With the guard mounted to the rigid test fixture or to a complete trailer, determine the test location in accordance with the following procedure. See Figure 3 of this section. Distributed Force Test location is the plane on the rearmost surface of the horizontal member of the guard that: (a) Is centered in the longitudinal vertical plane passing through the center of the guard's horizontal member; and (b) Is centered 50 mm above the bottom of the guard. S6.9 Ground Clearance Measurement. (a) For the test device attached to a complete trailer as specified in S6.2 of this section, the ground clearance of the guard at the vertical supports to which the horizontal member is attached shall be measured after completion of the uniform distributed load test in accordance with S6.6(b) or S6.6(c) of this section. (b) For the test device attached to a rigid test fixture as specified in S6.2 of this section, the vertical distance from the ground to the bottom edge of the horizontal member at the vertical supports to which the horizontal member is attached shall be measured after completion of the uniform distributed load test in accordance with S6.6(b) or S6.6(c) of this section and subtracted from the corresponding ground clearance measured before the load application in accordance with S6.5(c) of this section. The difference in ground clearance before and after the load application is added to the allowable maximum vertical distance between the bottom edge of the horizontal member of the guard and the ground as specified in S5.5(c) of this section, to obtain the ground clearance after completion of the uniform distributed load test. [[Page 1060]] [GRAPHIC] [TIFF OMITTED] TR15JY22.003 [[Page 1061]] [GRAPHIC] [TIFF OMITTED] TR15JY22.004 [[Page 1062]] [GRAPHIC] [TIFF OMITTED] TR15JY22.005 [[Page 1063]] [GRAPHIC] [TIFF OMITTED] TR15JY22.006 Sec. 571.224 Standard No. 224; Rear impact protection. S1. Scope. This standard establishes requirements for the installation of rear impact guards on trailers and semitrailers with a gross vehicle weight rating (GVWR) of 4,536 kg or more. S2. Purpose. The purpose of this standard is to reduce the number of [[Page 1064]] deaths and serious injuries occurring when light duty vehicles impact the rear of trailers and semitrailers with a GVWR of 4,536 kg or more. S3. Application. This standard applies to trailers and semitrailers with a GVWR of 4,356 kg or more. The standard does not apply to pole trailers, pulpwood trailers, road construction controlled horizontal discharge trailers, special purpose vehicles, wheels back vehicles, or temporary living quarters as defined in 49 CFR 529.2. If a cargo tank motor vehicle, as defined in 49 CFR 171.8, is certified to carry hazardous materials and has a rear bumper or rear end protection device conforming with 49 CFR part 178 located in the area of the horizontal member of the rear underride guard required by this standard, the guard need not comply with the energy absorption requirement (S5.2.2) of 49 CFR 571.223. S4. Definitions. Chassis means the load supporting frame structure of a motor vehicle. Horizontal member means the structural member of the guard that meets the configuration requirements of S5.1 of this section when the guard is installed on the vehicle according to the installation instructions or procedures required by S5.5 of Sec. 571.223, Rear Impact Guards. Low chassis vehicle means a trailer or semitrailer having a chassis that extends behind the rearmost point of the rearmost tires and a lower rear surface that meets the configuration requirements of S5.1.1 through 5.1.3 of this section. Outer or Outboard means away from the trailer centerline and toward the side extremities of the trailer. Pulpwood trailer means a trailer that is designed exclusively for harvesting logs or pulpwood and constructed with a skeletal frame with no means for attachment of a solid bed, body, or container. Rear extremity means the rearmost point on a vehicle that is above a horizontal plane located 560 mm above the ground and below a horizontal plane located 1,900 mm above the ground when the vehicle is configured as specified in S5.1 of this section and when the vehicle's cargo doors, tailgate, or other permanent structures are positioned as they normally are when the vehicle is in motion. Nonstructural protrusions such as taillights, rubber bumpers, hinges and latches are excluded from the determination of the rearmost point. Road construction controlled horizontal discharge trailer means a trailer or semitrailer that is equipped with a mechanical drive and a conveyor to deliver asphalt and other road building materials, in a controlled horizontal manner, into a lay down machine or paving equipment for road construction and paving operations. Rounded corner means a guard's outermost end that curves upward or forward toward the front of the vehicle, or both. Side extremity means the outermost point on a vehicle's side that is located above a horizontal plane 560 mm above the ground, below a horizontal plane located 190 cm above the ground, and between a transverse vertical plane tangent to the rear extremity of the vehicle and a transverse vertical plane located 305 mm forward of that plane when the vehicle is configured as specified in S5.1 of this section. Non-structural protrusions such as taillights, hinges, rubber bumpers, and latches are excluded from the determination of the outermost point. Special purpose vehicle means a trailer or semitrailer that: (1) Has work performing equipment that, while the vehicle is in transit, resides in or moves through any portion of the space bounded: (i) Vertically from the ground to a horizontal plane 660 mm above the ground; (ii) Laterally the full width of the trailer, determined by the trailer's side extremities as defined in S4 of this section; and (iii) From the rear extremity of the trailer as defined in S4 of this section to a transverse vertical plane 305 mm forward of the rear extremity of the trailer; or (2) Is equipped with a loading platform that, while the vehicle is in transit, is completely stowed in the space bounded by a plane tangent to the underside of the vehicle, the ground, the rear extremity of the vehicle, and the [[Page 1065]] rearmost axle, and that, when operated, deploys from its stowed position to the rear of the vehicle through any portion of the space described above. Wheels back vehicle means a trailer or semitrailer whose rearmost axle is permanently fixed and is located such that the rearmost surface of tires of the size recommended by the vehicle manufacturer for the vehicle on that axle is not more than 305 mm forward of the transverse vertical plane tangent to the rear extremity of the vehicle. S5. Requirements. S5.1 Installation; vehicle configuration. Each vehicle shall be equipped with a rear impact guard certified as meeting Federal Motor Vehicle Safety Standard No. 223, Rear Impact Guards (Sec. 571.223). When the vehicle to which the guard is attached is resting on level ground, unloaded, with its full capacity of fuel, and with its tires inflated and air suspension, if so equipped, pressurized in accordance with the manufacturer's recommendations, the guard shall comply with the requirements of S5.1.1 through S5.1.3 of this section. See Figure 1 of this section. S5.1.1 Guard width. The outermost surfaces of the horizontal member of the guard shall extend outboard to within 100 mm of the longitudinal vertical planes that are tangent to the side extremities of the vehicle, but shall not extend outboard of those planes. See Figure 1 of this section. S5.1.2 Guard height. The vertical distance between the bottom edge of the horizontal member of the guard and the ground shall not exceed 560 mm at any point across the full width of the member. Notwithstanding this requirement, guards with rounded corners may curve upward within 255 mm of the longitudinal vertical planes that are tangent to the side extremities of the vehicle. See Figure 1 of this section. S5.1.3 Guard rear surface. At any height 560 mm or more above the ground, the rearmost surface of the horizontal member of the guard shall be located as close as practical to a transverse vertical plane tangent to the rear extremity of the vehicle, but no more than 305 mm forward of that plane. Notwithstanding this requirement, the horizontal member may extend rearward of the plane, and guards with rounded corners may curve forward within 255 mm of the longitudinal vertical planes that are tangent to the side extremities of the vehicle. S5.2 Installation Requirements. Guards shall be attached to the vehicle's chassis by the vehicle manufacturer in accordance with the installation instructions or procedures provided pursuant to S5.5 of Standard No. 223, Rear Impact Guards (Sec. 571.223). The vehicle must be of a type identified in the installation instructions as appropriate for the guard. [[Page 1066]] [GRAPHIC] [TIFF OMITTED] TC01AU91.147 [61 FR 2035, Jan. 24, 1996, as amended at 63 FR 3662, Jan. 26, 1998; 69 FR 64500, Nov. 5, 2004; 69 FR 67668, Nov. 19, 2004; 71 FR 9277, Feb. 23, 2006] Effective Date Note: At 87 FR 42372, July 15, 2022, Sec. 571.224 was amended by revising the second sentence in S3 and the definition of ``Rear extremity'' in S4, effective Jan. 11, 2023. For the convenience of the user, the revised text is set forth as follows: Sec. 571.224 Standard No. 224; Rear impact protection. * * * * * S3. Application. * * * The standard does not apply to pole trailers, pulpwood trailers, low chassis vehicles, road construction controlled horizontal discharge trailers, special purpose vehicles, wheels back vehicles, or [[Page 1067]] temporary living quarters as defined in 49 CFR 523.2. * * * S4. * * * Rear extremity means the rearmost point on a trailer that is above a horizontal plane located above the ground clearance and below a horizontal plane located 1,900 mm above the ground when the trailer is configured as specified in S5.1 of this section and when the trailer's cargo doors, tailgate and other permanent structures are positioned as they normally are when the trailer is in motion, with non-structural protrusions excluded from the determination of the rearmost point, such as: (1) Tail lamps; (2) Rubber bumpers; (3) Hinges and latches; and (4) Flexible aerodynamic devices capable of being folded to within 305 mm from the transverse vertical plane tangent to the rear most surface of the horizontal member for vertical heights below 1,740 mm above ground and, when positioned as they normally are when the trailer is in motion, are located forward of the transverse plane that is tangent to the rear bottom edge of the horizontal member and intersecting a point located 1,210 mm rearward of the horizontal member and 1,740 mm above the ground. * * * * * Sec. 571.225 Standard No. 225; Child restraint anchorage systems. S1. Purpose and scope. This standard establishes requirements for child restraint anchorage systems to ensure their proper location and strength for the effective securing of child restraints, to reduce the likelihood of the anchorage systems' failure, and to increase the likelihood that child restraints are properly secured and thus more fully achieve their potential effectiveness in motor vehicles. S2. Application. This standard applies to passenger cars; to trucks and multipurpose passenger vehicles with a gross vehicle weight rating (GVWR) of 3,855 kilograms (8,500 pounds) or less; and to buses (including school buses) with a GVWR of 4,536 kg (10,000 lb) or less. This standard does not apply to walk-in van-type vehicles, vehicles manufactured to be sold exclusively to the U.S. Postal Service, shuttle buses, and funeral coaches. S3. Definitions. Child restraint anchorage means any vehicle component, other than Type I or Type II seat belts, that is involved in transferring loads generated by a child restraint system to the vehicle structure. Child restraint anchorage system means a vehicle system that is designed for attaching a child restraint system to a vehicle at a particular designated seating position, consisting of: (a) Two lower anchorages meeting the requirements of S9; and (b) A tether anchorage meeting the requirements of S6. Child restraint fixture (CRF) means the fixture depicted in Figures 1 and 2 of this standard that simulates the dimensions of a child restraint system, and that is used to determine the space required by the child restraint system and the location and accessibility of the lower anchorages. Funeral coach means a vehicle that contains only a front row of occupant seats, is designed exclusively for transporting a body and casket and that is equipped with features to secure a casket in place during operation of the vehicle. Rear designated seating position means any designated seating position (as that term is defined at Sec. 571.3) that is rearward of the front seats(s). Seat bight means the area close to and including the intersection of the surfaces of the vehicle seat cushion and the seat back. SFAD 1 means Static Force Application Device 1 shown in Figures 12 to 16 of this standard. SFAD 2 means Static Force Application Device 2 shown in Figures 17 and 18 of this standard. Shuttle bus means a bus with only one row of forward-facing seating positions rearward of the driver's seat or, for a vehicle without manually operated controls, means a bus with only one row of forward- facing seating positions rearward of all front row passenger seats. Tether anchorage means a user-ready, permanently installed vehicle system that transfers loads from a tether strap through the tether hook to the vehicle structure and that accepts a tether hook. Tether strap means a strap that is secured to the rigid structure of the seat back of a child restraint system, and is [[Page 1068]] connected to a tether hook that transfers the load from that system to the tether anchorage. Tether hook means a device, illustrated in Figure 11 of Standard No. 213 (Sec. 571.213), used to attach a tether strap to a tether anchorage. S4. General vehicle requirements. S4.1 Each tether anchorage and each child restraint anchorage system installed, either voluntarily or pursuant to this standard, in any new vehicle manufactured on or after September 1, 1999, shall comply with the configuration, location, marking and strength requirements of this standard. The vehicle shall be delivered with written information, in English, on how to appropriately use those anchorages and systems. S4.2 For passenger cars manufactured on or after September 1, 1999 and before September 1, 2000, not less than 80 percent of the manufacturer's average annual production of vehicles (not including convertibles), as set forth in S13, shall be equipped with a tether anchorage as specified in paragraphs (a), (b) and (c) of S4.2, except as provided in S5. (a) Each vehicle with three or more forward-facing rear designated seating positions shall be equipped with a tether anchorage conforming to the requirements of S6 at no fewer than three forward-facing rear designated seating positions. The tether anchorage of a child restraint anchorage system may count towards the three required tether anchorages. In each vehicle with a forward-facing rear designated seating position other than an outboard designated seating position, at least one tether anchorage (with or without the lower anchorages of a child restraint anchorage system) shall be at such a designated seating position. In a vehicle with three or more rows of seating positions, at least one of the tether anchorages (with or without the lower anchorages of a child restraint anchorage system) shall be installed at a forward-facing seating position in the second row if such a forward-facing seating position is available in that row. (b) Each vehicle with not more than two forward-facing rear designated seating positions shall be equipped with a tether anchorage conforming to the requirements of S6 at each forward-facing rear designated seating position. The tether anchorage of a child restraint anchorage system may count toward the required tether anchorages. (c) Each vehicle without any forward-facing rear designated seating position shall be equipped with a tether anchorage conforming to the requirements of S6 at each front forward-facing passenger seating position. S4.3 Each vehicle manufactured on or after September 1, 2000 and before September 1, 2002, shall be equipped as specified in paragraphs (a) and (b) of S4.3, except as provided in S5. (a) A specified percentage of each manufacturer's yearly production, as set forth in S14, shall be equipped as follows: (1) Each vehicle with three or more forward-facing rear designated seating positions shall be equipped with a child restraint anchorage system conforming to the requirements of S9 at not fewer than two forward-facing rear designated seating positions. In a vehicle with three or more rows of seating positions, at least one of the child restraint anchorage systems shall be at a forward-facing seating position in the second row if such a forward-facing seating position is available in that row. (2) Each vehicle with not more than two forward-facing rear designated seating positions shall be equipped with a child restraint anchorage system conforming to the requirements of S9 at each forward- facing rear designated seating position. (b) Each vehicle, including a vehicle that is counted toward the percentage of a manufacturer's yearly production required to be equipped with child restraint anchorage systems, shall be equipped as described in S4.3(b)(1), (2) or (3), subject to S13. (1) Each vehicle with three or more forward-facing rear designated seating positions shall be equipped with a tether anchorage conforming to the requirements of S6 at no fewer than three forward-facing rear designated [[Page 1069]] seating positions. The tether anchorage of a child restraint anchorage system may count towards the three required tether anchorages. In each vehicle with a forward-facing rear designated seating position other than an outboard designated seating position, at least one tether anchorage (with or without the lower anchorages of a child restraint anchorage system) shall be at such a designated seating position. In a vehicle with three or more rows of seating positions, at least one of the tether anchorages (with or without the lower anchorages of a child restraint anchorage system) shall be installed at a forward-facing seating position in the second row if such a forward-facing seating position is available in that row. (2) Each vehicle with not more than two forward-facing rear designated seating positions shall be equipped with a tether anchorage conforming to the requirements of S6 at each forward-facing rear designated seating position. The tether anchorage of a child restraint anchorage system may count toward the required tether anchorages. (3) Each vehicle without any forward-facing rear designated seating position shall be equipped with a tether anchorage conforming to the requirements of S6 at each front passenger seating position. S4.4 Vehicles manufactured on or after September 1, 2002 shall be equipped as specified in paragraphs (a) through (c) of S4.4, except as provided in S5. (a) Each vehicle with three or more forward-facing rear designated seating positions shall be equipped as specified in S4.4(a)(1) and (2). (1) Each vehicle shall be equipped with a child restraint anchorage system conforming to the requirements of S9 at not fewer than two forward-facing rear designated seating positions. At least one of the child restraint anchorage systems shall be installed at a forward-facing seating position in the second row in each vehicle that has three or more rows, if such a forward-facing seating position is available in that row. (2) Each vehicle shall be equipped with a tether anchorage conforming to the requirements of S6 at a third forward-facing rear designated seating position. The tether anchorage of a child restraint anchorage system may count towards the third required tether anchorage. In each vehicle with a forward-facing rear designated seating position other than an outboard designated seating position, at least one tether anchorage (with or without the lower anchorages of a child restraint anchorage system) shall be at such a designated seating position. (b) Each vehicle with not more than two forward-facing rear designated seating positions shall be equipped with a child restraint anchorage system conforming to the requirements of S9 at each forward- facing rear designated seating position. (c) Each vehicle without any forward-facing rear designated seating position shall be equipped with a tether anchorage conforming to the requirements of S6 at each front forward-facing passenger seating position. S4.5 As an alternative to complying with the requirements of S4.2 through S4.4 that specify the number of tether anchorages that are required in a vehicle and the designated seating positions for which tether anchorages must be provided, a vehicle manufactured from September 1, 1999 to August 31, 2004 may, at the manufacturer's option (with said option irrevocably selected prior to, or at the time of, certification of the vehicle), meet the requirements of this S4.5. This alternative ceases to be available on and after September 1, 2004. A tether anchorage conforming to the requirements of S6 must be installed-- (a) For each designated seating position, other than that of the driver, in a vehicle that has only one row of designated seating positions; (b) For each forward-facing designated seating position in the second row of seating positions in a passenger car or truck; (c) For each of any two forward-facing designated seating positions in the second row of seating positions in a multipurpose passenger vehicle that has five or fewer designated seating positions; and, (d) For each of any three forward-facing designated seating positions that are located to the rear of the first row [[Page 1070]] of designated seating positions in a multipurpose passenger vehicle that has six or more designated seating positions. S4.6 Adjustable seats. (a) A vehicle that is equipped with a forward-facing rear designated seating position that can be relocated such that it is capable of being used at either an outboard or non- outboard forward-facing seating position shall be considered as having a forward-facing non-outboard seating position. Such an adjustable seat must be equipped with a tether anchorage (with or without the lower anchorages of a child restraint anchorage system) if the vehicle does not have another forward-facing non-outboard seating position that is so equipped. (b) Tether and lower anchorages shall be available for use at all times, except when the seating position for which it is installed is not available for use because the vehicle seat has been removed or converted to an alternate use such as the carrying of cargo. S5. General exceptions. (a) Convertibles and school buses are excluded from the requirements to be equipped with tether anchorages. (b) A vehicle may be equipped with a built-in child restraint system conforming to the requirements of Standard No. 213 (49 CFR 571.213) instead of one of the required tether anchorages or child restraint anchorage systems. (c)(1) Each vehicle that-- (i) Does not have a rear designated seating position and that thus meets the conditions in S4.5.4.1(a) of Standard No. 208 (Sec. 571.208); and (ii) Has an air bag on-off switch meeting the requirements of S4.5.4 of Standard No. 208 (Sec. 571.208), shall have a child restraint anchorage system for a designated passenger seating position in the front seat, instead of only a tether anchorage. In the case of convertibles, the front designated passenger seating position need have only the two lower anchorages meeting the requirements of S9 of this standard. (iii) For vehicles manufactured on or after September 1, 2002, each vehicle that does not have a rear designated seating position, and does not have an air bag installed at front passenger designated seating positions pursuant to a temporary exemption granted by NHTSA under 49 CFR Part 555, must have a child restraint anchorage system installed at a front passenger designated seating position. In the case of convertibles, the front designated passenger seating position need have only the two lower anchorages meeting the requirements of S9 of this standard. (2) Each vehicle that-- (i) Has a rear designated seating position and meets the conditions in S4.5.4.1(b) of Standard No. 208 (Sec. 571.208); and, (ii) Has an air bag on-off switch meeting the requirements of S4.5.4 of Standard 208 (Sec. 571.208), shall have a child restraint anchorage system for a designated passenger seating position in the front seat, instead of a child restraint anchorage system that is required for the rear seat. In the case of convertibles, the front designated passenger seating position need have only the two lower anchorages meeting the requirements of S9 of this standard. (iii) For vehicles manufactured on or after September 1, 2002, each vehicle that has a rear designated seating position and meets the conditions in S4.5.4.1(b) of Standard No. 208 (Sec. 571.208), and does not have an air bag installed at front passenger designated seating positions pursuant to a temporary exemption granted by NHTSA under 49 CFR Part 555, must have a child restraint anchorage system installed at a front passenger designated seating position in place of one of the child restraint anchorage systems that is required for the rear seat. In the case of convertibles, the front designated passenger seating position need have only the two lower anchorages meeting the requirements of S9 of this standard. (d) A vehicle that does not have an air bag on-off switch meeting the requirements of S4.5.4 of Standard No. 208 (Sec. 571.208), shall not have any child restraint anchorage system installed at a front designated seating position. (e) A vehicle with a rear designated seating position for which interference with transmission and/or suspension components prevents the location of the lower bars of a child restraint anchorage system anywhere within the zone described by S9.2 or S15.1.2.2(b) such that the attitude angles of [[Page 1071]] S15.1.2.2(a) could be met, is excluded from the requirement to provide a child restraint anchorage system at that position. However, except as provided elsewhere in S5 of this standard, for vehicles manufactured on or after September 1, 2001, such a vehicle must have a tether anchorage at a front passenger designated seating position. S6. Requirements for tether anchorages. S6.1 Configuration of the tether anchorage. Each tether anchorage shall: (a) Permit the attachment of a tether hook of a child restraint system meeting the configuration and geometry specified in Figure 11 of Standard No. 213 (Sec. 571.213); (b) Be accessible without the need for any tools other than a screwdriver or coin; (c) Once accessed, be ready for use without the need for any tools; and (d) Be sealed to prevent the entry of exhaust fumes into the passenger compartment. S6.2 Location of the tether anchorage. A vehicle manufactured on or after September 1, 1999 and before September 1, 2004 may, at the manufacturer's option (with said option irrevocably selected prior to, or at the time of, certification of the vehicle), meet the requirements of S6.2.1 or S6.2.2. Vehicles manufactured on or after September 1, 2004 must meet the requirements of S6.2.1 of this standard. S6.2.1 Subject to S6.2.1.1 and S6.2.1.2, the part of each tether anchorage that attaches to a tether hook must be located within the shaded zone shown in Figures 3 to 7 of this standard of the designated seating position for which it is installed. The zone is defined with reference to the seating reference point (see Sec. 571.3). (For purposes of the figures, ``H Point'' is defined to mean seating reference point.) A tether anchorage may be recessed in the seat back, provided that it is not in the strap wrap-around area at the top of the vehicle seat back. For the area under the vehicle seat, the forwardmost edge of the shaded zone is defined by the torso line reference plane. S6.2.1.1 In the case of passenger cars and multipurpose passenger vehicles manufactured before September 1, 2004, the part of each user- ready tether anchorage that attaches to a tether hook may, at the manufacturer's option (with said option selected prior to, or at the time of, certification of the vehicle), instead of complying with S6.2.1, be located within the shaded zone shown in Figures 8 to 11 of this standard of the designated seating position for which it is installed, relative to the shoulder reference point of the three dimensional H-point machine described in section 3.1 of SAE Standard J826-1992 (incorporated by reference, see Sec. 571.5) such that-- (a) The H-point of the three dimensional H-point machine is located-- (1) At the actual H-point of the seat, as defined in section 2.2.11.3 of SAE Recommended Practice J1100-1993 (incorporated by reference, see Sec. 571.5), at the full rearward and downward position of the seat; or (2) In the case of a designated seating position that has a child restraint anchorage system, midway between vertical longitudinal planes passing through the lateral center of the bar in each of the two lower anchorages of that system; and (b) The back pan of the H-point machine is at the same angle to the vertical as the vehicle seat back with the seat adjusted to its full rearward and full downward position and the seat back in its most upright position. S6.2.1.2 In the case of a vehicle that-- (a) Has a user-ready tether anchorage for which no part of the shaded zone shown in Figures 3 to 7 of this standard of the designated seating position for which the anchorage is installed is accessible without removing a seating component of the vehicle; and (b) Has a tether strap routing device that is-- (1) Not less than 65 mm behind the torso line for that seating position, in the case of a flexible routing device or a deployable routing device, measured horizontally and in a vertical longitudinal plane; or (2) Not less than 100 mm behind the torso line for that seating position, in the case of a fixed rigid routing device, measured horizontally and in a vertical longitudinal plane, the part of that anchorage that attaches to a tether hook may, at the manufacturer's option [[Page 1072]] (with said option selected prior to, or at the time of, certification of the vehicle) be located outside that zone. (c) The measurement of the location of the flexible or deployable routing device described in S6.2.1.2(b)(1) is made with SFAD 2 properly attached to the lower anchorages. A 40 mm wide nylon tether strap is routed through the routing device and attached to the tether anchorage in accordance with the written instructions required by S12 of this standard. The forwardmost contact point between the strap and the routing device must be within the stated limit when the tether strap is flat against the top surface of the SFAD and tensioned to 55 to 65 N. In seating positions without lower anchorages of a child restraint anchorage system, the SFAD 2 is held with its central lateral plane in the central vertical longitudinal plane of the seating position. The adjustable anchor attaching bars of the SFAD 2 are replaced by spacers that end flush with the back surface of the SFAD. S6.2.2 Subject to S6.2.2.1 and S6.2.2.2, the portion of each user- ready tether anchorage that is designed to bind with a tether strap hook shall be located within the shaded zone shown in Figures 3 to 7 of this standard of the designated seating position for which it is installed, with reference to the H-point of a template described in section 3.1 of SAE Standard J826-1992 (incorporated by reference, see Sec. 571.5), if: (a) The H-point of the template is located-- (1) At the unique Design H-point of the designated seating position, as defined in section 2.2.11.1 of SAE Recommended Practice J1100-1993 (incorporated by reference, see Sec. 571.5), at the full downward and full rearward position of the seat, or-- (2) In the case of a designated seating position that has a means of affixing the lower portion of a child restraint system to the vehicle, other than a vehicle seat belt, midway between the two lower restraint system anchorages; (b) The torso line of the template is at the same angle to the transverse vertical plane as the vehicle seat back with the seat adjusted to its full rearward and full downward position and the seat back in its most upright position; and (c) The template is positioned in the vertical longitudinal plane that contains the H-point of the template. S6.2.2.1 In passenger cars and multipurpose passenger vehicles manufactured before September 1, 2004, the portion of each user-ready tether anchorage to which a tether strap hook attaches may be located within the shaded zone shown in Figures 8 to 11 of the designated seating position for which it is installed, with reference to the shoulder reference point of a template described in section 3.1 of SAE Standard J826-1992 (incorporated by reference, see Sec. 571.5), if: (a) The H-point of the template is located-- (1) At the unique Design H-point of the designated seating position, as defined in section 2.2.11.1 of SAE Recommended Practice J1100-1993 (incorporated by reference, see Sec. 571.5), at the full downward and full rearward position of the seat, or-- (2) In the case of a designated seating position that has a means of affixing the lower portion of a child restraint system to the vehicle, other than a vehicle seat belt, midway between the two lower restraint system anchorages; (b) The torso line of the template is at the same angle to the vertical plane as the vehicle seat back with the seat adjusted to its full rearward and full downward position and the seat back in its most upright position; and (c) The template is positioned in the vertical longitudinal plane that contains the H-point of the template. S6.2.2.2 The portion of a user-ready tether anchorage in a vehicle that is designed to bind with the tether strap hook may be located outside the shaded zone referred to in S6.2.2, if no part of the shaded zone is accessible without removing a seating component of the vehicle and the vehicle is equipped with a routing device that-- (a) Ensures that the tether strap functions as if the portion of the anchorage designed to bind with the tether strap hook were located within the shaded zone; (b) Is at least 65 mm behind the torso line, in the case of a non- rigid-webbing-type routing device or a deployable [[Page 1073]] routing device, or at least 100 mm behind the torso line, in the case of a fixed rigid routing device; and (c) When tested after being installed as it is intended to be used, is of sufficient strength to withstand, with the user-ready tether anchorage, the load referred to in S6.3.4 or S6.3.4.1, as applicable. S6.3 Strength requirements for tether anchorages. Subject to S6.3.2, a vehicle manufactured on or after September 1, 1999, and before September 1, 2004 may, at the manufacturer's option (with said option irrevocably selected prior to, or at the time of, certification of the vehicle), meet the requirements of S6.3.1 or S6.3.4. Vehicles manufactured on or after September 1, 2004 and before September 1, 2005 must meet the requirements of S6.3.1 of this standard, except as provided in S16 of this standard. Vehicles manufactured on or after September 1, 2005 must meet the requirements of S6.3.1. S6.3.1 Subject to S6.3.2, when tested in accordance with S8, after preloading the device with a force of 500 N, the tether anchorage must not separate completely from the vehicle seat or seat anchorage or the structure of the vehicle. S6.3.2 In vehicles manufactured before September 1, 2004, each user- ready tether anchorage in a row of designated seating positions in a passenger car may, at the manufacturer's option (with said option selected prior to, or at the time of, certification of the vehicle), instead of complying with S6.3.1, withstand the application of a force of 5,300 N, when tested in accordance with S8.2, such that the anchorage does not release the belt strap specified in S8.2 or allow any point on the tether anchorage to be displaced more than 125 mm. S6.3.3 Provisions for simultaneous and sequential testing. (a) In the case of vehicle seat assemblies equipped with more than one tether anchorage system, the force referred to in S6.3.1 and S6.3.2 may, at the agency's option, be applied simultaneously to each of those tether anchorages. However, that force may not be applied simultaneously to tether anchorages for any two adjacent seating positions whose midpoints are less than 400 mm apart, as measured in accordance with S6.3.3(a)(1) and (2) and Figure 20. (1) The midpoint of the seating position lies in the vertical longitudinal plane that is equidistant from vertical longitudinal planes through the geometric center of each of the two lower anchorages at the seating position. For those seating positions that do not provide lower anchorages, the midpoint of the seating position lies in the vertical longitudinal plane that passes through the SgRP of the seating position. (2) Measure the distance between the vertical longitudinal planes passing through the midpoints of the adjacent seating positions, as measured along a line perpendicular to the planes. (b) A tether anchorage of a particular child restraint anchorage system will not be tested with the lower anchorages of that anchorage system if one or both of those lower anchorages have been previously tested under this standard. S6.3.4 Subject to subsections S6.3.4.1 and S6.3.4.2, every user- ready tether anchorage in a row of designated seating positions shall, when tested, withstand the application of a force of 10,000 N-- (a) Applied by means of one of the following types of test devices, installed as a child restraint system would be installed in accordance with the manufacturer's installation instructions, namely, (1) SFAD 1, to test a tether anchorage at a designated seating position that does not have a child restraint anchorage system; or (2) SFAD 2, to test a tether anchorage at a designated seating position that has a child restraint anchorage system; (b) Applied-- (1) In a forward direction parallel to the vehicle's vertical longitudinal plane through the X point on the test device, and, (2) Initially, along a horizontal line or along any line below or above that line that is at an angle to that line of not more than 5 degrees; (c) Approximately linearly over a time, at the option of the vehicle manufacturer, of not more than 30 seconds, at any onset force rate of not more than 135 000 N/s; and [[Page 1074]] (d) Maintained at a 10,000 N level for one second. S6.3.4.1 In a passenger car manufactured before September 1, 2004, every user-ready tether anchorage in a row of designated seating positions must, when tested, subject to subsection S6.3.4.2, withstand the application of a force of 5,300 N, which force must be-- (a) Applied by means of a belt strap that-- (1) Extends not less than 250 mm forward from the vertical plane touching the rear top edge of the vehicle seat back, (2) Is fitted at one end with suitable hardware for applying the force and at the other end with a bracket for the attachment of the user-ready tether anchorage, and (3) Passes over the top of the vehicle seat back as shown in Figure 19 of this standard; (b) Applied-- (1) In a forward direction parallel to the vehicle's longitudinal vertical plane, and (2) Initially, along a horizontal line or along any line below that line that is at an angle to that line of not more than 20 degrees; (c) Attained within 30 seconds, at any onset force rate of not more than 135,000 N/s; and (d) Maintained at a 5,300 N level for one second. S6.3.4.2 If the zones in which tether anchorages are located overlap and if, in the overlap area, a user-ready tether anchorage is installed that is designed to accept the tether strap hooks of two restraint systems simultaneously, both portions of the tether anchorage that are designed to bind with a tether strap hook shall withstand the force referred to in subsection S6.3.4 or S6.3.4.1, as the case may be, applied to both portions simultaneously. S6.3.4.3 Provisions for simultaneous and sequential testing. (a) In the case of vehicle seat assemblies equipped with more than one tether anchorage system, the force referred to in S6.3.4, 6.3.4.1 or S6.3.4.2 may, at the agency's option, be applied simultaneously to each of those tether anchorages. However, that force may not be applied simultaneously to tether anchorages for any two adjacent seating positions whose midpoints are less than 400 mm apart, as measured in accordance with S6.3.4.3(a)(1) and (2) and Figure 20. (1) The midpoint of the seating position lies in the vertical longitudinal plane that is equidistant from vertical longitudinal planes through the geometric center of each of the two lower anchorages at the seating position. For those seating positions that do not provide lower anchorages, the midpoint of the seating position lies in the vertical longitudinal plane that passes through the SgRP of the seating position. (2) Measure the distance between the vertical longitudinal planes passing through the midpoints of the adjacent seating positions, as measured along a line perpendicular to the planes. (b) A tether anchorage of a particular child restraint anchorage system will not be tested with the lower anchorages of that anchorage system if one or both of those lower anchorages have been previously tested under this standard. S6.3.4.4 The strength requirement tests shall be conducted with the vehicle seat adjusted to its full rearward and full downward position and the seat back in its most upright position. When SFAD 2 is used in testing and cannot be attached to the lower anchorages with the seat back in this position, adjust the seat back as recommended by the manufacturer in its instructions for attaching child restraints. If no instructions are provided, adjust the seat back to the position that enables SFAD 2 to attach to the lower anchorages that is the closest to the most upright position. S7. Test conditions for testing tether anchorages. The test conditions described in paragraphs (a) and (b) of S7 apply to the test procedures in S8. (a) Vehicle seats are adjusted to their full rearward and full downward position and the seat back is placed in its most upright position. When SFAD 2 is used in testing and cannot be attached to the lower anchorages with the seat back in this position, adjust the seat back as recommended by the manufacturer in its instructions for attaching child restraints. If no instructions are provided, adjust the seat back to the position that enables SFAD 2 to attach [[Page 1075]] to the lower anchorages that is the closest to the most upright position. (b) Head restraints are adjusted in accordance with the manufacturer's instructions, provided pursuant to S12, as to how the head restraints should be adjusted when using the child restraint anchorage system. If instructions with regard to head restraint adjustment are not provided pursuant to S12, the head restraints are adjusted to any position. S8 Test procedures. Each vehicle shall meet the requirements of S6.3.1 and S6.3.3 when tested according to the following procedures. Where a range of values is specified, the vehicle shall be able to meet the requirements at all points within the range. For the testing specified in these procedures, the SFAD used in the test has a tether strap consisting of webbing material with an elongation limit of 4 percent at a tensile load of 65,000 N (14,612 lb). Pretension the tether strap with 53.5 N to 67 N of preload prior to the test. The strap is fitted at one end with a high strength steel tether hook for attachment to the tether anchorage. The tether hook meets the specifications in Standard No. 213 (49 CFR Sec. 571.213) as to the configuration and geometry of tether hooks required by the standard. A steel cable is connected to the X point through which the test force is applied. S8.1 Apply the force specified in S6.3.1 as follows-- (a) Use the following specified test device, as appropriate: (1) SFAD 1, to test a tether anchorage at a designated seating position that does not have a child restraint anchorage system; or, (2) SFAD 2, to test a tether anchorage at a designated seating position that has a child restraint anchorage system. (b) Attach the SFAD 1 to the vehicle seat using the vehicle belts or the SFAD 2 to the lower anchorages of the child restraint anchorage system, as appropriate, and attach the test device to the tether anchorage, in accordance with the manufacturer's instructions provided pursuant to S12 of this standard. For the testing specified in this procedure, if SFAD 1 cannot be attached using the vehicle belts because of the location of the vehicle belt buckle, the test device is attached by material whose breaking strength is equal to or greater than the breaking strength of the webbing for the seat belt assembly installed as original equipment at that seating position. The geometry of the attachment duplicates the geometry, at the pre-load point, of the attachment of the originally installed seat belt assembly. All belt systems (including the tether) used to attach the test device are tightened to a tension of not less than 53.5 N and not more than 67 N on the webbing portion of the belt. For SFAD 1, apply a rearward force of 135 N 15 N, in a horizontal plane through point ``X'' of SFAD 1. While maintaining the force, tighten the vehicle seat belt to a tension of not less than 53.5 N and not more than 67 N measured at the lap portion of the seat belt and maintain the tension during the preload, lock the seat belt retractor, and tighten the tether belt strap to remove all slack. A rearward force of 135 N 15 N is applied to the center of the lower front crossmember of SFAD 2 to press the device against the seat back as the fore-aft position of the rearward extensions of the SFAD is adjusted to remove any slack or tension. (c) Apply the force-- (1) Initially, in a forward direction in a vertical longitudinal plane and through the Point X on the test device; and (2) Initially, along a line through the X point and at an angle of 10 5 degrees above the horizontal. Apply a preload force of 500 N to measure the angle; and then (3) Increase the pull force as linearly as practicable to a full force application of 15,000 N in not less than 24 seconds and not more than 30 seconds, and maintain at a 15,000 N level for 1 second. S8.2 Apply the force specified in S6.3.2 as follows: (a) Attach a belt strap, and tether hook, to the user-ready tether anchorage. The belt strap extends not less than 250 mm forward from the vertical transverse plane touching the rear top edge of the vehicle seat back, and passes over the top of the vehicle seat [[Page 1076]] back as shown in Figure 19 of this standard; (b) Apply the force at the end of the belt strap-- (1) Initially, in a forward direction in a vertical longitudinal plane that is parallel to the vehicle's longitudinal centerline; (2) Initially, along a horizontal line or along any line below or above that line that is at an angle to that line of not more than 20 degrees; (3) So that the force is attained within 30 seconds, at any onset rate of not more than 135,000 N/s; and (4) Maintained at a 5,300 N level for a minimum of 1 second. S9 Requirements for the lower anchorages of the child restraint anchorage system. As an alternative to complying with the requirements of S9, a vehicle manufactured on or after September 1, 1999 and before September 1, 2004 may, at the manufacturer's option (with said option irrevocably selected prior to, or at the time of, certification of the vehicle), meet the requirements in S15 of this standard. Vehicles manufactured on or after September 1, 2004 and before September 1, 2005 must meet all of the requirements of S9 of this standard, except as provided in S16 of this standard with regard to S9.4. Vehicles manufactured on or after September 1, 2005 must meet all the requirements of S9 of this standard. S9.1 Configuration of the lower anchorages S9.1.1 The lower anchorages shall consist of two bars that-- (a) Are 6 mm .1 mm in diameter; (b) Are straight, horizontal and transverse; (c) As shown in Figure 21, are: (i) Not less than 25 mm in length, and (ii) Are not more than 60 mm in length between the anchor bar supports or other structural members of the vehicle that restrict lateral movement of the components of a child restraint that are designed to attach to the bars, measured in a vertical plane 7 mm rearward of the vertical plane that is tangent of the rearward face of the anchor bar. (d) For bars installed in vehicles manufactured on or after March 1, 2005, the bars must not be capable of being stowable (foldable or otherwise stowable). (e) [Reserved] (f) Are part of the vehicle, such that they can only be removed by use of a tool, such as a screwdriver or wrench; and (g) Are rigidly attached to the vehicle such that they will not deform more than 5 mm when subjected to a 100 N force in any direction. S9.2 Location of the lower anchorages. S9.2.1 The anchorage bars are located at the vehicle seating position by using the CRF rearward extensions, with the CRF placed against or near the vehicle seat back. With the CRF attached to the anchorages and resting on the seat cushion, the bottom surface shall have attitude angles within the limits in the following table, angles measured relative to the vehicle horizontal, longitudinal and transverse reference planes. Table to S9.2.1 ------------------------------------------------------------------------ ------------------------------------------------------------------------ Pitch........................................................ 15[deg] 5 degrees to either side of a vertical longitudinal plane. S9.4.1.1 Forces described in S9.4.1(a), forward direction, shall be applied with an initial force application angle of 10 5 degrees above the horizontal. Forces described in S9.4.1(b), lateral direction, shall be applied horizontally (0 5 degrees). S9.4.1.2 The amount of displacement is measured relative to an undisturbed point on the vehicle body. S9.4.2 Provisions for simultaneous and sequential testing. (a) In the case of vehicle seat assemblies equipped with more than one child restraint anchorage system, the lower anchorages may, at the agency's option, be tested simultaneously. However, forces may not be applied simultaneously for any two adjacent seating positions whose midpoints are less than 400 mm apart, as measured in accordance with S9.4.2(a)(1) and (2) and Figure 20. (1) The midpoint of the seating position lies in the vertical longitudinal plane that is equidistant from vertical longitudinal planes through the geometric center of each of the two lower anchorages at the seating position. (2) Measure the distance between the vertical longitudinal planes passing through the midpoints of the adjacent seating positions, as measured along a line perpendicular to the planes. (b) The lower anchorages of a particular child restraint anchorage system will not be tested if one or both of the anchorages have been previously tested under this standard. S9.5 Marking and conspicuity of the lower anchorages. Each vehicle shall comply with S9.5(a) or (b). (a) Above each bar installed pursuant to S4, the vehicle shall be permanently marked with a circle: (1) That is not less than 13 mm in diameter; (2) That is either solid or open, with or without words, symbols or pictograms, provided that if words, symbols or pictograms are used, their meaning is explained to the consumer in writing, such as in the vehicle's owners manual; and (3) That is located such that its center is on each seat back between 50 and 100 mm above or on the seat cushion 100 25 mm forward of the intersection of the vertical transverse and horizontal longitudinal planes intersecting at the horizontal centerline of each lower anchorage, as illustrated in Figure 22. The center of the circle must be in the vertical longitudinal plane that passes through the center of the bar (25 mm). (4) The circle may be on a tag. (b) The vehicle shall be configured such that the following is visible: Each of the bars installed pursuant to S4, or a permanently attached guide device for each bar. The bar or guide device must be visible without the compression of the seat cushion or seat back, when the bar or device is viewed, in a vertical longitudinal plane passing through the center of the bar or guide device, along a line making an upward 30 degree angle with a horizontal plane. Seat backs are in the nominal design [[Page 1078]] riding position. The bars may be covered by a removable cap or cover, provided that the cap or cover is permanently marked with words, symbols or pictograms whose meaning is explained to the consumer in written form as part of the owner's manual. S10. Test conditions for testing the lower anchorages. The test conditions described in this paragraph apply to the test procedures in S11. (a) Adjust vehicle seats to their full rearward and full downward position and place the seat backs in their most upright position. When SFAD 2 is used in testing and cannot be attached to the lower anchorages with the seat back in this position, adjust the seat back as recommended by the manufacturer in its instructions for attaching child restraints. If no instructions are provided, adjust the seat back to the position closest to the upright position that enables SFAD 2 to attach to the lower anchorages. (b) Head restraints are adjusted in accordance with the manufacturer's instructions, provided pursuant to S12, as to how the head restraints should be adjusted when using the child restraint anchorage system. If instructions with regard to head restraint adjustment are not provided pursuant to S12, the head restraints are adjusted to any position. S11. Test procedure. Each vehicle shall meet the requirements of S9.4 when tested according to the following procedures. Where a range of values is specified, the vehicle shall be able to meet the requirements at all points within the range. (a) Forward force direction. Place SFAD 2 in the vehicle seating position and attach it to the two lower anchorages of the child restraint anchorage system. Do not attach the tether anchorage. A rearward force of 135 15 N is applied to the center of the lower front crossbar of SFAD 2 to press the device against the seat back as the fore-aft position of the rearward extensions of the SFAD is adjusted to remove any slack or tension. Apply a preload force of 500 N at point X of the test device. Increase the pull force as linearly as practicable to a full force application of 11,000 N in not less than 24 seconds and not more than 30 seconds, and maintain at an 11,000 N level for 1 second. (b) Lateral force direction. Place SFAD 2 in the vehicle seating position and attach it to the two lower anchorages of the child restraint anchorage system. Do not attach the tether anchorage. A rearward force of 135 15 N is applied to the center of the lower front crossbar of SFAD 2 to press the device against the seat back as the fore-aft position of the rearward extensions of the SFAD is adjusted to remove any slack or tension. Apply a preload force of 500 N at point X of the test device. Increase the pull force as linearly as practicable to a full force application of 5,000 N in not less than 24 seconds and not more than 30 seconds, and maintain at a 5,000 N level for 1 second. S12. Written instructions. The vehicle must provide written instructions, in English, for using the tether anchorages and the child restraint anchorage system in the vehicle. If the vehicle has an owner's manual, the instructions must be in that manual. The instructions shall: (a) Indicate which seating positions in the vehicle are equipped with tether anchorages and child restraint anchorage systems; (b) In the case of vehicles required to be marked as specified in paragraphs S4.1, S9.5(a), or S15.4, explain the meaning of markings provided to locate the lower anchorages of child restraint anchorage systems; and (c) Include instructions that provide a step-by-step procedure, including diagrams, for properly attaching a child restraint system's tether strap to the tether anchorages. S13. Tether anchorage phase-in requirements. S13.1 Passenger cars manufactured on or after September 1, 1999 and before September 1, 2000 shall comply with S13.1.1 through S13.2. At anytime during the production year ending August 31, 2000, each manufacturer shall, upon request from the Office of Vehicle Safety Compliance, provide information identifying the passenger cars (by make, model and vehicle identification number) that have been certified as complying with the tether anchorage requirements of this standard. The [[Page 1079]] manufacturer's designation of a passenger car as a certified vehicle is irrevocable. S13.1.1 Subject to S13.2, for passenger cars manufactured on or after September 1, 1999 and before September 1, 2000, the number of vehicles complying with S4.2 shall be not less than 80 percent of: (a) The manufacturer's average annual production of passenger cars manufactured on or after September 1, 1996 and before September 1, 1999; or (b) The manufacturer's production of passenger cars manufactured on or after September 1, 1999 and before September 1, 2000. S13.1.2 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S13.1.1, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as provided in S13.1.2(a) through (c), subject to S13.2. (a) A vehicle which is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer which markets the vehicle. (c) A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S13.1.2(a) or (b). S13.2 For the purposes of calculating average annual production of passenger cars for each manufacturer and the number of passenger cars manufactured by each manufacturer under S13.1, each passenger car that is excluded from the requirement to provide tether anchorages is not counted. S13.3 Until May 1, 2001, vehicles manufactured by a final-stage manufacturer or alterer need not be equipped with the tether anchorages required by S4.3 of this standard. Vehicles manufactured by a final- stage manufacturer or alterer on or after May 1, 2001 must be equipped with the tether anchorages specified in S4.3. S14. Lower anchorages phase-in requirements for vehicles manufactured on or after September 1, 2000 and before September 1, 2002. S14.1 Vehicles manufactured on or after September 1, 2000 and before September 1, 2002 shall comply with S14.1.1 through S14.1.2. At anytime during the production years ending August 31, 2001, and August 31, 2002, each manufacturer shall, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model and vehicle identification number) that have been certified as complying with the child restraint anchorage requirements of this standard. The manufacturer's designation of a vehicle as a certified vehicle is irrevocable. S14.1.1 Vehicles manufactured on or after September 1, 2000 and before September 1, 2001. Subject to S14.4, for vehicles manufactured on or after September 1, 2000 and before September 1, 2001, the number of vehicles complying with S4.3 shall be not less than 20 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1997 and before September 1, 2000; or (b) The manufacturer's production on or after September 1, 2000 and before September 1, 2001. S14.1.2 Vehicles manufactured on or after September 1, 2001 and before September 1, 2002. Subject to S14.4, for vehicles manufactured on or after September 1, 2001 and before September 1, 2002, the number of vehicles complying with S4.3 shall be not less than 50 percent of: (a) The manufacturer's average annual production of vehicles manufactured on or after September 1, 1998 and before September 1, 2001; or (b) The manufacturer's production on or after September 1, 2001 and before September 1, 2002. S14.2 Vehicles produced by more than one manufacturer. S14.2.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S14.1.1 [[Page 1080]] through S14.1.2, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S14.2.2. (a) A vehicle which is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer which markets the vehicle. S14.2.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S14.2.1. S14.3 Alternative phase-in schedules. (a) Final-stage manufacturers and alterers. A final-stage manufacturer or alterer may, at its option, comply with the requirements set forth in S14.3(a)(1) and (2), instead of the requirements set forth in S14.1.1 through S14.1.2. (1) Vehicles manufactured on or after September 1, 2000 and before September 1, 2002 are not required to be equipped with the lower anchorages specified in this standard. (2) Vehicles manufactured on or after September 1, 2002 must be equipped with the lower anchorages specified in this standard. (b) Small volume manufacturers. Vehicles manufactured on or after September 1, 2000 and before September 1, 2002 that are manufactured by a manufacturer that produces fewer than 5,000 vehicles worldwide annually are not required to provide the lower anchorages specified in this standard. S14.4 For the purposes of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S14.1.1 and S14.1.2, each vehicle that is excluded from the requirement to provide child restraint anchorage systems is not counted. S15 Alternative to complying with the requirements of S9. As an alternative to complying with the requirements of S9, a vehicle manufactured on or after September 1, 1999 and before September 1, 2004 may, at the manufacturer's option (with said option irrevocably selected prior to, or at the time of, certification of the vehicle), meet the requirements in S15 of this standard. Vehicles manufactured on or after September 1, 2004 must meet the requirements of S9 of this standard. S15.1 Dimensions and installation requirements. S15.1.1 General. The vehicle anchorages are positioned near the seat bight. The location of the anchorages is defined with respect to the CRF. If the vehicle seat is adjustable, it is adjusted as recommended by the vehicle manufacturer for use with child restraint systems. S15.1.2 Anchorage dimensions and location. S15.1.2.1 The lower anchorages shall consist of two bars that-- (a) Are 6 mm .1 mm in diameter; (b) Are straight, horizontal and transverse; (c) Are not less than 25 mm in length; (d)-(e) [Reserved] (f) Are permanently attached to the vehicle or vehicle seat such that they can only be removed by use of a tool, such as a screwdriver or wrench. S15.1.2.2 (a) The anchorage bars are located at the vehicle seating position with the aid of and with respect to the CRF rearward extensions, with the CRF placed against or near the vehicle seat back. With the CRF attached to the anchorages and resting on the seat cushion, the bottom surface shall have attitude angles within the limits in the following table, angles measured relative to the vehicle horizontal, longitudinal and transverse reference planes. Table to S15.1.2.2(a) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Pitch...................................................... 15[deg] 15 N shall be applied to the center of the lower front crossbar of SFAD 2 to press the device against the seat back as the fore-aft position of the rearward extensions of the SFAD is adjusted to remove any slack or tension. Forces shall be applied to SFAD 2 in forward and lateral directions according to the following table. Table to S15.3.1--Directions of Test Forces ------------------------------------------------------------------------ ------------------------------------------------------------------------ Forward......................... 0[deg] 5 minus0 [deg]. .25 kN Lateral......................... 75[deg] 5 minus0 [deg] (to both .25 kN sides of straight forward). ------------------------------------------------------------------------ S15.3.2 Forces in the forward direction shall be applied with an initial force application angle of 10 5 degrees above the horizontal. Lateral forces shall be applied horizontally (0[deg] 5[deg]). A pre-load force of 500 N 25 N shall be applied at the prescribed loading point (point X) in Figure 17. The force shall be increased to 8 kN 0.25 kN for forward tests, or to 5 kN 0.25 kN for lateral tests. Full application of the force shall be achieved within a time period of 2 seconds or less. The force shall be maintained for a period of 0.25 seconds 0.05 seconds. S15.3.3 Provisions for simultaneous and sequential testing. (a) If anchorages for more than one child restraint anchorage system are installed in the vehicle seat assembly and not directly into the vehicle structure, the forces described in S15.3 may, at the agency's option, be applied simultaneously to SFADs engaged with the anchorages. However, that force may not be applied simultaneously to SFADs engaged at any two adjacent seating positions whose midpoints are less than 400 mm apart, as measured in accordance with S15.3.3(a)(1) and (2) and Figure 20. (1) The midpoint of the seating position lies in the vertical longitudinal plane that is equidistant from vertical longitudinal planes through the geometric center of each of the two lower anchorages at the seating position. (2) Measure the distance between the vertical longitudinal planes passing through the midpoints of the adjacent seating positions, as measured along a line perpendicular to the planes. (b) The lower anchorages of a particular child restraint anchorage system will not be tested if one or both of the anchorages have been previously tested under this standard. S15.4 Marking and conspicuity of the lower anchorages. At least one anchorage bar (when deployed for use), one guidance fixture, or one seat marking feature shall be readily visible to the person installing the CRF. If guidance [[Page 1082]] fixtures are used to meet this requirement, the fixture(s) (although removable) must be installed. Storable anchorages shall be provided with a tell-tale or label that is visible when the anchorage is stored. S16. Phase-in of strength requirements for vehicles manufactured on or after September 1, 2004 and before September 1, 2005. At anytime during the production year ending August 31, 2005, each manufacturer shall, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model and vehicle identification number) that have been certified as complying with S6.3.1 or S6.3.4, and with S9.4 or S15.2 and S15.3. The manufacturer's designation of a vehicle as meeting the particular requirement is irrevocable. S16.1 Tether anchorage phase-in of strength requirements. For vehicles manufactured on or after September 1, 2004 and before September 1, 2005, the number of vehicles complying with S6.3.1 shall be not less than 90 percent of: (a) the manufacturer's average annual production of vehicle manufactured on or after September 1, 2001 and before September 1, 2004; or (b) The manufacturer's production on or after September 1, 2004 and before September 1, 2005. S16.2 Lower anchorages phase-in of strength requirements. For vehicles manufactured on or after September 1, 2004 and before September 1, 2005, the number of vehicles complying with S9.4 shall be not less than 90 percent of: (a) The manufacturer's average annual production of vehicle manufactured on or after September 1, 2001 and before September 1, 2004; or (b) The manufacturer's production on or after September 1, 2003 and before September 1, 2004. S16.3 Vehicles produced by more than one manufacturer. S16.3.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S16.1 and S16.2, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S16.3.2. (a) A vehicle which is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S16.3.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S16.3.1. S16.4 Alternative phase-in schedules. (a) Final-stage manufacturers and alterers. A final-stage manufacturer or alterer may, at its option, comply with the requirements set forth in S16.4(a)(1) and (2), instead of the requirements set forth in S16.1 through S16.2. (1) Vehicles manufactured on or after September 1, 2004 and before September 1, 2005 may meet the requirements of S6.3.4 instead of S6.3.1, and may meet the requirements of S15.2 and S15.3 instead of S9.4. (2) Vehicles manufactured on or after September 1, 2005 must meet the requirements of S6.3.4 and S9.4. (b) Small volume manufacturers. Vehicles manufactured on or after September 1, 2004 and before September 1, 2005 that are manufactured by a manufacturer that produces fewer than 5,000 vehicles worldwide annually may meet the requirements of S6.3.4 instead of S6.3.1, and may meet the requirements of S15.2 and S15.3 instead of S9.4. Vehicles manufactured on or after September 1, 2005 must meet the requirements of S6.3.4 and S9.4. [[Page 1083]] Figures to Sec. 571.225 [GRAPHIC] [TIFF OMITTED] TR31AU99.014 [[Page 1084]] [GRAPHIC] [TIFF OMITTED] TR31AU99.015 [[Page 1085]] [GRAPHIC] [TIFF OMITTED] TR31AU99.016 [[Page 1086]] [GRAPHIC] [TIFF OMITTED] TR31AU99.017 [[Page 1087]] [GRAPHIC] [TIFF OMITTED] TR31AU99.018 [[Page 1088]] [GRAPHIC] [TIFF OMITTED] TR31AU99.019 [[Page 1089]] [GRAPHIC] [TIFF OMITTED] TR31AU99.020 [[Page 1090]] [GRAPHIC] [TIFF OMITTED] TR31AU99.021 [[Page 1091]] [GRAPHIC] [TIFF OMITTED] TR31AU99.022 [[Page 1092]] [GRAPHIC] [TIFF OMITTED] TR31AU99.023 [[Page 1093]] [GRAPHIC] [TIFF OMITTED] TR31AU99.024 [[Page 1094]] [GRAPHIC] [TIFF OMITTED] TR31AU99.025 [[Page 1095]] [GRAPHIC] [TIFF OMITTED] TR05MR99.016 [[Page 1096]] [GRAPHIC] [TIFF OMITTED] TR05MR99.017 [[Page 1097]] [GRAPHIC] [TIFF OMITTED] TR05MR99.018 [[Page 1098]] [GRAPHIC] [TIFF OMITTED] TR31AU99.026 [[Page 1099]] [GRAPHIC] [TIFF OMITTED] TR31AU99.027 [[Page 1100]] [GRAPHIC] [TIFF OMITTED] TR27JN03.000 [[Page 1101]] [GRAPHIC] [TIFF OMITTED] TR31AU99.029 [[Page 1102]] [GRAPHIC] [TIFF OMITTED] TR31AU99.030 [GRAPHIC] [TIFF OMITTED] TR11AU04.551 [[Page 1103]] [GRAPHIC] [TIFF OMITTED] TR11AU04.552 [GRAPHIC] [TIFF OMITTED] TR11AU04.553 [64 FR 10823, Mar. 5, 1999, as amended at 64 FR 47587, Aug. 31, 1999; 65 FR 46640, July 31, 2000; 68 FR 24667, May 8, 2003; 68 FR 38226, June 27, 2003; 69 FR 48823, Aug. 11, 2004; 69 FR 60565, Oct. 12, 2004; 69 FR 70915, Dec. 8, 2004; 77 FR 768, Jan. 6, 2012; 87 FR 18599, Mar. 30, 2022] [[Page 1104]] Sec. 571.226 Standard No. 226; Ejection Mitigation. S1. Purpose and Scope. This standard establishes requirements for ejection mitigation systems to reduce the likelihood of complete and partial ejections of vehicle occupants through side windows during rollovers or side impact events. S2. Application. This standard applies to passenger cars, and to multipurpose passenger vehicles, trucks designed to carry at least one person, and buses with a gross vehicle weight rating of 4,536 kg or less, except walk-in vans, modified roof vehicles, convertibles, and vehicles with no doors or with doors that are designed to be easily attached or removed so the vehicle can be operated without doors. Also excluded from this standard are law enforcement vehicles, correctional institution vehicles, taxis and limousines, if they have a fixed security partition separating the 1st and 2nd or 2nd and 3rd rows and if they are produced by more than one manufacturer or are altered (within the meaning of 49 CFR 567.7). S3. Definitions. Ejection impactor means a device specified in S7.1 of this standard that is a component of the ejection mitigation test device and is the moving mass that strikes the ejection mitigation countermeasure. Ejection impactor targeting point means the intersection of the y- axis of the ejection headform and the outer surface of the ejection headform. Ejection mitigation countermeasure means a device or devices, except seat belts, integrated into the vehicle that reduce the likelihood of occupant ejection through a side window opening, and that requires no action by the occupant for activation. Ejection propulsion mechanism means a device that is a component of the ejection mitigation test device consisting of a mechanism capable of propelling the ejection impactor and constraining it to move along its axis or shaft. Limited-line manufacturer means a manufacturer that sells three or fewer carlines, as that term is defined in 49 CFR 583.4, in the United States during a production year. Modified roof means the replacement roof on a motor vehicle whose original roof has been removed, in part or in total, or a roof that has to be built over the occupant compartment in vehicles that did not have an original roof over the occupant compartment. Movable window means a daylight opening composed of glazing designed to be moved with respect to the vehicle or frame while the vehicle is in motion. Side daylight opening means, other than a door opening, the locus of all points where a horizontal line, perpendicular to the vehicle vertical longitudinal plane, is tangent to the periphery of the opening. The periphery includes surfaces 100 millimeters inboard of the inside surface of the window glazing and 25 mm outboard of the outside surface of the side glazing. The periphery excludes the following: any flexible gasket material or weather stripping used to create a waterproof seal between the glazing or door and the vehicle interior; grab handles used to facilitate occupant egress and ingress; and any part of a seat. Small manufacturer means an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States. Target means the x-z plane projection of the ejection headform face as shown in Figure 1. Walk-in van means a special cargo/mail delivery vehicle that only has a driver designated seating position. The vehicle has a sliding (or folding) side door and a roof clearance that enables a person of medium stature to enter the passenger compartment area in an up-right position. Zero displacement plane means, a vertical plane parallel to the vehicle longitudinal centerline and tangent to the most outboard surface of the ejection headform when the headform is aligned with an impact target location and just touching the inside surface of a window covering the side daylight opening. S4. Phase-in, performance and other requirements. S4.1 Phase-in requirements. S4.1.1 Except as provided in S4.1.3 of this standard, a percentage of each manufacturer's vehicle production, as [[Page 1105]] specified in S8 of this standard, manufactured on or after September 1, 2013 to August 31, 2017, shall meet the requirements of S4.2. Vehicles that are not subject to the phase-in may be certified as meeting the requirements specified in this standard. S4.1.2 Except as provided in S4.1.3 of this section, each vehicle manufactured on or after September 1, 2017 must meet the requirements of S4.2 without use of advanced credits. S4.1.3 Exceptions from the phase-in; special allowances. (a) Vehicles produced by a small manufacturer and by a limited line manufacturer are not subject to S4.1.1 of this standard, but are subject to S4.1.2. (b) Vehicles that are altered (within the meaning of 49 CFR 567.7) before September 1, 2018, after having been previously certified in accordance with part 567 of this chapter, and vehicles manufactured in two or more stages before September 1, 2018, are not required to meet the requirements of S4.2. Vehicles that are altered on or after September 1, 2018, and vehicles that are manufactured in two or more stages on or after September 1, 2018, must meet the requirements of S4.2. S4.2 Performance and other requirements. S4.2.1 When the ejection propulsion mechanism propels the ejection impactor into the impact target locations of each side daylight opening of a vehicle according to the test procedures specified in S5 of this standard, the most outboard surface of the ejection headform must not displace more than 100 millimeters beyond the zero displacement plane. S4.2.1.1 No vehicle shall use movable glazing as the sole means of meeting the displacement limit of S4.2.1. S4.2.1.2 Vehicles with an ejection mitigation countermeasure that deploys in the event of a rollover must deploy the countermeasure for the side daylight opening being tested according to the procedure specified in S5 of this standard. S4.2.1.3 If a side daylight opening contains no target locations, the impact test of S4.2.1 is not performed on that opening. S4.2.2 Vehicles that have an ejection mitigation countermeasure that deploys in the event of a rollover must have a monitoring system with a readiness indicator. The indicator shall monitor its own readiness and must be clearly visible from the driver's designated seating position. The same readiness indicator required by S4.5.2 of FMVSS No. 208 may be used to meet the requirement. A list of the elements of the system being monitored by the indicator shall be included with the information furnished in accordance with S4.2.3. S4.2.3 Written information. (a) Vehicles with an ejection mitigation countermeasure that deploys in the event of a rollover must be described as such in the vehicle's owner manual or in other written information provided by the vehicle manufacturer to the consumer. (b) Vehicles that have an ejection mitigation countermeasure that deploys in the event of a rollover must include in written information a discussion of the readiness indicator required by S4.2.2, specifying a list of the elements of the system being monitored by the indicator, a discussion of the purpose and location of the telltale, and instructions to the consumer on the steps to take if the telltale is illuminated. S4.2.4 Technical Documentation. For vehicles that have an ejection mitigation countermeasure that deploys in the event of a rollover, the vehicle manufacturer must make available to the agency, upon request, the following information: A discussion of the sensor system used to deploy the countermeasure, including the pertinent inputs to the computer or calculations within the computer and how its algorithm uses that information to determine if the countermeasure should be deployed. S5. Test procedures. S5.1 Demonstrate compliance with S4.2 of this standard in accordance with the test procedures specified in this standard, under the conditions of S6, using the equipment described in S7. In the impact test described by these procedures, target locations are identified (S5.2) and the zero displacement plane location is determined [[Page 1106]] (S5.3). The glazing is pre-broken, fully retracted or removed prior to the impact test (S5.4). The countermeasure is deployed, if applicable, and an ejection impactor (see S7.1) strikes the countermeasure at the impact target locations, at the specified speeds and times (S5.5). The lateral displacement of the ejection impactor beyond the zero displacement plane is measured. S5.2 Determination of impact target locations. S5.2.1 Boundary of target location. S5.2.1.1 Initial determination of offset line. Determine the location of an offset-line within the side daylight opening by projecting each point of the side daylight opening laterally onto a vehicle vertical longitudinal plane. Move each point by 252 mm towards the center of the side daylight opening projection and perpendicular to a line tangent to the projection at that point, while maintaining the point on a vehicle vertical longitudinal plane. S5.2.1.2 Rearmost limit of offset line. (a) Seats fixed in a forward facing direction. Except as provided in S5.2.1.2(b), if an offset line extends rearward of a transverse vertical vehicle plane located behind the seating reference point at the distance specified in 5.2.1.2(a)(1) or (2), the transverse vertical vehicle plane defines the rearward edge of the offset line for the purposes of determining target locations. (1) For a vehicle with fewer than 3 rows--1,400 mm behind the rearmost SgRP. (2) For a vehicle with 3 or more rows--600 mm behind the 3rd row SgRP. (b) Seats not fixed in a forward facing direction. When the last row seat adjacent to the opening, in the case of a vehicle with fewer than 3 rows, or the 3rd row seat adjacent to the opening, in the case of a vehicle with 3 or more rows, is not fixed in the forward facing direction, the offset line may extend farther rearward than specified in S5.2.1.2(a) under the following conditions. With the seat in any non- forward facing orientation, the seat back set at an inclination position closest to the manufacturer's design seat back angle, and all other seat adjustments at any possible position of adjustment, determine the location of a vertical transverse vehicle plane located behind the portion of the seat rearmost in the vehicle, at the distance specified in 5.2.1.2(b)(1) and (2). The boundary of target locations extends to this vertical plane if it is farther rearward than the plane determined in S5.2.1.2(a). (1) For a vehicle with fewer than 3 rows--1,400 mm behind the portion of the seat rearmost in the vehicle. (2) For a vehicle with 3 or more rows--600 mm behind the portion of the seat rearmost in the vehicle, for a seat in the 3rd row. (c) Vehicles with partitions or bulkheads. If a vehicle has a fixed transverse partition or bulkhead behind which there are no designated seating positions, a vertical transverse vehicle plane 25 mm forward of the most forward portion of the partition or bulkhead defines the rearward edge of the offset line for the purposes of determining target locations when said plane is forward of the limiting plane defined in S5.2.1.2(a) or (b). S5.2.2 Preliminary target locations. (a) To identify the impact target locations, the following procedures are performed with the x and z axes of the target, shown in Figure 1 (provided for illustration purposes), aligned within 1 degree of the vehicle longitudinal and vertical axes, respectively, and the target y axis pointing in the outboard direction. (b) Place targets at any location inside the offset-line where the target is tangent to within 2 mm of the offset- line at just two or three points (see Figure 2) (figure provided for illustration purposes). S5.2.3 Determination of primary target locations. Divide the side daylight opening into four quadrants by passing a vertical line and a horizontal line, in a vehicle vertical longitudinal plane, through the geometric center of the side daylight opening. S5.2.3.1 Front windows. For any side daylight opening forward of the vehicle B-pillar, the primary quadrants are the forward-lower and rearward-upper. S5.2.3.2 Rear windows. For any side daylight opening rearward of the B-pillar, the primary quadrants are the forward-upper and rearward- lower. [[Page 1107]] S5.2.3.3 If a primary quadrant contains only one target center, that target is the primary target for that quadrant (see Figure 3) (figure provided for illustration purposes). If there is more than one target center in a primary quadrant, the primary target for that quadrant is the lowest target in a lower quadrant and the highest target in an upper quadrant. If there is a primary quadrant that does not contain a target center, the target center closest to the primary quadrant outline is the primary target. S5.2.4 Determination of secondary target locations. S5.2.4.1 Front windows. Measure the horizontal distance between the centers of the primary targets. For a side daylight opening forward of the B-pillar, place one secondary target center rearward of the forward primary target by one-third of the horizontal distance between the primary target centers and tangent with upper portion of the offset- line. Place another secondary target center rearward of the forward primary target by two-thirds of the horizontal distance between the primary target centers and tangent with the lower portion of the offset- line (see figure 4) (figure provided for illustration purposes). S5.2.4.2 Rear windows. For side daylight openings rearward of the B- pillar, place one secondary target center rearward of the forward primary target by one-third of the horizontal distance between the primary target centers and tangent with lower portion of the offset- line. Place another secondary target center rearward of the forward primary target by two-thirds of the horizontal distance between the primary target centers and tangent with the upper portion of the offset- line (see Figure 4) (figure provided for illustration purposes). S5.2.5 Target adjustment. S5.2.5.1 Target elimination and reconstitution. S5.2.5.1.1 Target elimination. Determine the horizontal and vertical distance between the centers of the targets. If the minimum distance between the z axes of the targets is less than 135 mm and the minimum distance between the x axes of the targets is less than 170 mm, eliminate the targets in the order of priority given in steps 1 through 4 of Table 1 (see Figure 5, 5a and 5b) (figures provided for illustration purposes). In each case, both the z axes of the targets must be closer than 135 mm and x axes of the targets must be closer than 170 mm. If the minimum distance between the z axes of the targets is not less than 135 mm or the minimum distance between the x axes of the targets is not less than 170 mm, do not eliminate the target. Continue checking all the targets listed in steps 1 through 4 of Table 1. Table 1--Priority List of Target Distance To Be Checked Against Limits ------------------------------------------------------------------------ Eliminate this target if distances between z axes Measure distance from z of targets and x axes of Step axis to z axis and x axis targets are less than 135 to x axis for these targets mm and 170 mm, respectively ------------------------------------------------------------------------ 1.............. Upper Secondary to Lower Upper Secondary. Secondary. 2.............. Upper Primary to Upper or Upper or Remaining Remaining Secondary. Secondary. 3.............. Lower Primary to Lower or Lower or Remaining Remaining Secondary. Secondary. 4.............. Upper Primary to Lower Upper Primary. Primary. ------------------------------------------------------------------------ S5.2.5.1.2 Target reconstitution. If after following the procedure given in S5.2.5.1.1, there are only two targets remaining, determine the absolute distance between the centers of these targets. If this distance is greater than or equal to 360 mm, place a target such that its center bisects a line connecting the centers of the remaining targets. S5.2.5.2 Target reorientation--90 degree rotation. If after following the procedure given in S5.2.5.1 there are less than four targets in a side daylight opening, repeat the procedure in 5.2 through 5.2.5.1.2, with a modification to S5.2 as follows. Reorient the target by rotating it 90 degrees about the y axis of the target such that the target positive z axis is aligned within 1 degree [[Page 1108]] of the vehicle longitudinal axis, pointing in the direction of the vehicle positive x axis (see Figures 5a and 5b) (figures provided for illustration purposes). If after performing the procedure in this section, the remaining targets exceed the number of targets determined with the original orientation of the target, the reoriented targets represent the final target locations for the side daylight opening. S5.2.5.3 Target reorientation incremental rotation. If after following the procedure given in S5.2.5.2 there are no targets in a side daylight opening, starting with the target in the position defined in S5.2.2(a), reorient the target by rotating it in 5 degree increments about the y axis of the target by rotating the target positive z axis toward the vehicle positive x axis. At each increment of rotation, attempt to fit the target within the offset line of the side daylight opening. At the first increment of rotation where the target will fit, place the target center as close as possible to the geometric center of the side daylight opening. If more than one position exists that is closest to the geometric center of the side daylight opening, select the lowest. S5.3 Determination of zero displacement plane. The glazing covering the target location of the side daylight opening being tested is intact and in place in the case of fixed glazing and intact and fully closed in the case of movable glazing. With the ejection impactor targeting point aligned within 2 mm of the center of any target location specified in S5.2, and with the ejection impactor on the inside of the vehicle, slowly move the impactor towards the window until contact is made with the interior of the glazing with no more than 20 N of pressure being applied to the window. The location of the most outboard surface of the headform establishes the zero displacement plane for this target location. S5.4 Window position and condition.Subject to S5.5(b), prior to impact testing, the glazing covering the target location must be removed from the side daylight opening, fully retracted, or pre-broken according to the procedure in S5.4.1, at the vehicle manufacturer's option. S5.4.1 Window glazing pre-breaking procedure. S5.4.1.1 Breakage pattern. Locate the geometric center of the side daylight opening, established in S5.2.3 of this standard. Mark the outside surface of the window glazing in a horizontal and vertical grid of points separated by 752 mm with one point coincident within 2 mm of the geometric center of the side daylight opening (see Figure 6) (figure provided for illustration purposes). Mark the inside surface of the window glazing in a horizontal and vertical grid of points separated by 752 mm with the entire grid horizontally offset by 37.5 2 mm from the grid of points on the outside of the glazing. S5.4.1.2 Breakage method. (a) Start with the inside surface of the window and forward-most, lowest mark made as specified in S5.4.1.1 of this standard. Use a center punch in this procedure. The punch tip has a 5 2 mm diameter prior to coming to a point. The spring is adjusted to require 150 25 N of force to activate the punch. Only once at each mark location, apply pressure to activate the spring in the center punch in a direction which is perpendicular to the tangent of the window surface at the point of contact, within 10 degrees. Apply the pressure only once at each mark location, even if the glazing does not break or no hole results. (b) Use a 100 10 mm x 100 10 mm piece of plywood with a minimum thickness of 18 mm as a reaction surface on the opposite side of the glazing to prevent to the extent possible the window surface from deforming by more than 10 mm when pressure is being applied to the hole-punch. (c) Continue the procedure with the center punch by moving rearward in the grid until the end of a row is reached. When the end of a row is reached, move to the forward-most mark on the next higher row and continue the procedure. Continue in this pattern until the procedure is conducted at each marked location on the inside surface of the glazing. (d) Repeat the process on the outside surface of the window. (e) If punching a hole causes the glazing to disintegrate, halt the breakage [[Page 1109]] procedure and proceed with the headform impact test. S5.5 Impact speeds and time delays. The ejection impactor speeds specified below must be achieved after propulsion has ceased. (a) Vehicles with or without an ejection mitigation countermeasure that deploys in a rollover. For a vehicle with an ejection mitigation countermeasure that deploys in a rollover, using the ejection propulsion mechanism, propel the ejection impactor such that it first strikes the countermeasure, while aligned with any target location specified in S5.2 of this standard, 1.5 0.1 seconds after activation of the ejection mitigation countermeasure that deploys in the event of a rollover, and at a speed of 20 0.5 km/h. For a vehicle without an ejection mitigation countermeasure that deploys in a rollover, propel the ejection impactor at any time such that it first strikes the countermeasure, while aligned with any target location specified in S5.2 of this standard, at a speed of 20 0.5 km/h. (b) Vehicles with an ejection mitigation countermeasure that deploys in a rollover. For a vehicle with an ejection mitigation countermeasure that deploys in a rollover, remove or fully retract any movable glazing from the side daylight opening. Using the ejection propulsion mechanism, propel the ejection impactor such that it first strikes the countermeasure, while aligned with any target location specified in S5.2 of this standard, 6.0 0.1 seconds after activation of an ejection mitigation countermeasure that deploys in the event of a rollover, and at a speed of 16 0.5 km/h. (c) An ejection mitigation countermeasure that deploys in the event of a rollover is described as such in the vehicle's owner manual or in other written information provided by the vehicle manufacturer to the consumer. S5.6 Ejection impactor orientation. S5.6.1 If the targets for the side daylight opening being impacted were determined by the procedure specified in S5.2.2 through S5.2.5.1 only, the ejection impactor orientation is as follows. At the time of launch of the ejection impactor the x, y and z axes of the ejection headform must be aligned within 1 degree of the vehicle longitudinal, transverse and vertical axes, respectively. S5.6.2 If the targets for the side daylight opening being impacted were determined by the procedure specified in S5.2.5.2, the ejection impactor orientation is as follows. At the time of launch the ejection impactor is rotated by 90 degrees about the ejection headform y axis, from the orientation specified in S5.6.1, resulting in the headform positive z axis pointing in the direction of the vehicle positive x axis. S5.6.3 If the targets for the side daylight opening being impacted were determined by the procedure specified in S5.2.5.3, the ejection impactor orientation is as follows. At the time of launch the ejection impactor is rotated about the y axis of the ejection headform by rotating the headform positive z axis towards the vehicle positive x axis, in the increment determined to be necessary in S5.2.5.3 to fit the target within the side daylight opening. S5.6.4 After any test, extend the ejection impactor to the zero plane and determine that x, y and z axes of the ejection headform remain aligned within 1 degree of its orientation at launch as specified in S5.6.1--5.6.3. S6 General test conditions. S6.1 Vehicle test attitude. The vehicle is supported off its suspension at an attitude determined in accordance with S6.1(a) through (f). (a) The vehicle is loaded to its unloaded vehicle weight. (b) All tires are inflated to the manufacturer's specifications listed on the vehicle's tire placard. (c) Place vehicle on a level surface. (d) Pitch: Measure the sill angle of the left front door sill and mark where the angle is measured. (e) Roll: Mark a point on the vehicle body above the left and right front wheel wells. Determine the vertical height of these two points from the level surface. (f) Support the vehicle off its suspension such that the left front door sill angle is within 1 degree of that measured at the marked area in S6.1(d) and the vertical height difference of the two points marked in S6.1(e) is within [[Page 1110]] 5 mm of the vertical height difference determined in S6.1(e). S6.2 Doors. (a) Except as provided in S6.2(b) or S6.2(c), doors, including any rear hatchback or tailgate, are fully closed and latched but not locked. (b) During testing, any side door on the opposite side of the longitudinal centerline of the vehicle from the target to be impacted may be open or removed. (c) During testing, any rear hatchback or tailgate may be open or removed for testing any target. S6.3 Steering wheel, steering column, seats, grab handles, and exterior mirrors. During targeting and testing, the steering wheel, steering column, seats, grab handles and exterior mirrors may be removed from the vehicle or adjusted to facilitate testing and/or provide an unobstructed path for headform travel through and beyond the vehicle. S6.4 Other vehicle components and structures. During targeting and testing, interior vehicle components and vehicle structures other than specified in S6.2 and S6.3 may be removed or adjusted to the extent necessary to allow positioning of the ejection propulsion mechanism and provide an unobstructed path for the headform travel through and beyond the vehicle. S6.5 Temperature and humidity. (a) During testing, the ambient temperature is between 18 degrees C. and 29 degrees C., at any relative humidity between 10 percent and 70 percent. (b) The headform specified in S7.1.1 of this standard is exposed to the conditions specified in S6.5(a) for a continuous period not less than one hour, prior to the test. S7. Ejection mitigation test device specifications. The ejection mitigation test device consists of an ejection impactor and ejection propulsion mechanism with the following specifications. The ability of a test device to meet these specifications may be determined outside of the vehicle. S7.1 Ejection impactor. The ejection impactor consists of an ejection headform attached to a shaft. The ejection impactor has a mass of 18 kg 0.05 kg. The shaft is parallel to the y axis of the headform. S7.1.1 Ejection headform dimensions. The ejection headform has the dimensions shown in Figure 1 and is depicted in the ``Parts List; Ejection Mitigation Headform Drawing Package,'' December 2010, and the ``Parts List and Drawings; Ejection Mitigation Headform Drawing Package,'' December 2010 (incorporated by reference; see Sec. 571.5). S7.2 Static deflection. The ejection impactor targeting point must not deflect more than 20 mm in the x-z plane when a 981 N 5 N force is applied in a vehicle vertical longitudinal plane, through the y axis of the headform and no more than 5 mm rear of the posterior surface of the headform. The force is applied once in each of the following headform axes: + z, -z, + x, -x. The static deflection measurement is made with the ejection impactor extended 400 mm outboard of the theoretical point of impact with the countermeasure and attached to the ejection propulsion mechanism, including any support frame and anchors. S7.3 Frictional characteristics. (a) Measure the dynamic coefficient of friction of the ejection impactor and any associated bearings and bearing housing in a test ready orientation. Repeat the measurement in three more orientations with the ejection impactor and any associated bearings and bearing housing rotated 90, 180 and 270 degrees about the headform y axis. Perform the measurement five consecutive times at each orientation. (b) Measure the average force necessary to move the ejection impactor 200 mm rearward into the ejection propulsion mechanism at a rate of 50 (13) mm per second, starting at a point 400 mm outboard of the theoretical point of impact with the countermeasure. Measure the force to an accuracy of 5 N. The measurement excludes the force measured over the first 25 mm of travel and is recorded at a minimum frequency of 100 Hz. During the test a 100 kg 0.5 kg mass is attached to the impactor with its center of gravity passing through the axis of motion of the impactor and no more than 5 mm rear of the posterior surface of the headform. (c) Take the five force level averages made at each impactor orientation in S7.3(a) and average them. Take the [[Page 1111]] maximum of the force average values and divide by 9.81 times the combined mass of the ejection impactor and mass added in S7.3(b). The resulting value must not exceed 0.25. S7.4 Targeting accuracy. Determine that the ejection mitigation test device can deliver the ejection impactor targeting point through a zone defined by a cylinder with a 20 mm diameter and 100 mm length, when the ejection impactor is moving at the speed specified in S5.5. The projection of the long axis of the cylinder is normal to the target and passes through the target center. The long axis of the cylinder is bisected by a vehicle vertical longitudinal plane passing through the theoretical point of impact with the countermeasure. S8 Phase-in Schedule for Vehicle Certification. S8.1 Vehicles manufactured on or after September 1, 2013 and before September 1, 2016. At anytime during the production years ending August 31, 2014, August 31, 2015, and August 31, 2016, each manufacturer shall, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model and vehicle identification number) that have been certified as complying with this standard. The manufacturer's designation of a vehicle as a certified vehicle is irrevocable. S8.2 Vehicles manufactured on or after September 1, 2013 and before September 1, 2014. Subject to S8.9, for vehicles manufactured on or after September 1, 2013 and before September 1, 2014, the number of vehicles complying with S4.2 shall be not less than 25 percent of: (a) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (b) The manufacturer's production in the current production year. S8.3 Vehicles manufactured on or after September 1, 2014 and before September 1, 2015. Subject to S8.9, for vehicles manufactured on or after September 1, 2014 and before September 1, 2015, the number of vehicles complying with S4.2 shall be not less than 50 percent of: (a) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (b) The manufacturer's production in the current production year. S8.4 Vehicles manufactured on or after September 1, 2015 and before September 1, 2016. Subject to S8.9, for vehicles manufactured on or after September 1, 2015 and before September 1, 2016, the number of vehicles complying with S4.2 shall be not less than 75 percent of: (a) The manufacturer's average annual production of vehicles manufactured in the three previous production years; or (b) The manufacturer's production in the current production year. S8.5 Vehicles manufactured on or after September 1, 2016 and before September 1, 2017. Subject to S8.9, for vehicles manufactured on or after September 1, 2016 and before September 1, 2017, the number of vehicles complying with S4.2 shall be not less than 100 percent of the manufacturer's production in the current production year. 8.6 Vehicles produced by more than one manufacturer. For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S8.1 through S8.4, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S8.7. (a) A vehicle that is imported shall be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. S8.7 A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S8.5. S8.8 For the purposes of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S8, do not count any [[Page 1112]] vehicle that is excluded by this standard from the requirements. S8.9 Calculation of complying vehicles. (a) For the purposes of calculating the vehicles complying with S8.2, a manufacturer may count a vehicle if it is manufactured on or after March 1, 2011 but before September 1, 2014. (b) For purposes of complying with S8.3, a manufacturer may count a vehicle if it-- (1) Is manufactured on or after March 1, 2011 but before September 1, 2015 and, (2) Is not counted toward compliance with S8.2. (c) For purposes of complying with S8.4, a manufacturer may count a vehicle if it-- (1) Is manufactured on or after March 1, 2011 but before September 1, 2016 and, (2) Is not counted toward compliance with S8.2 or S8.3. (d) For purposes of complying with S8.5, a manufacturer may count a vehicle if it-- (1) Is manufactured on or after March 1, 2011 but before September 1, 2017 and, (2) Is not counted toward compliance with S8.2, S8.3, or S8.4. (e) For the purposes of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer, each vehicle that is excluded from having to meet this standard is not counted. [GRAPHIC] [TIFF OMITTED] TR19JA11.025 [[Page 1113]] [GRAPHIC] [TIFF OMITTED] TR19JA11.026 [GRAPHIC] [TIFF OMITTED] TR19JA11.027 [GRAPHIC] [TIFF OMITTED] TR19JA11.028 [[Page 1114]] [GRAPHIC] [TIFF OMITTED] TR19JA11.029 [[Page 1115]] [GRAPHIC] [TIFF OMITTED] TR09SE13.007 [[Page 1116]] [GRAPHIC] [TIFF OMITTED] TR19JA11.030 [76 FR 3296, Jan. 19, 2011; 76 FR 10524, Feb. 25, 2011, as amended at 78 FR 55165, Sept. 9, 2013; 85 FR 85535, Dec. 29, 2020; 87 FR 18599, Mar. 30, 2022] Sec. 571.227 Standard No. 227; Bus rollover structural integrity. S1. Scope. This standard establishes performance requirements for bus rollover structural integrity. S2. Purpose. The purpose of this standard is to reduce death and injuries resulting from the structural collapse of the bus body structure in rollover crashes and from partial and complete ejections through emergency exits opening in such crashes. S3. Application. (a) Subject to S3(b), this standard applies to: (1) Over-the-road buses; and (2) Buses that are not over-the-road buses, and that have a gross vehicle weight rating (GVWR) greater than 11,793 kilograms (26,000 pounds). (b) This standard does not apply to: (1) School buses, school bus derivative buses, transit buses, and prison buses; and (2) Buses with 7 or fewer designated seating positions rearward of the driver's seating position that are forward-facing or can convert to forward-facing without the use of tools. S4. Definitions. Occupant compartment means a space within the vehicle interior intended for driver and passenger use, excluding any space occupied by fixed appliances such as bars, kitchenettes, or toilets. Over-the-road bus means a bus characterized by an elevated passenger deck located over a baggage compartment. Prison bus means a bus manufactured for the purpose of transporting persons subject to involuntary restraint or confinement and has design features consistent with that purpose. School bus is defined in Sec. 571.3. School bus derivative bus means a bus that meets Federal motor vehicle safety standards for school buses regarding emergency exits (Sec. 571.217), rollover protection (Sec. 571.220), bus body joint [[Page 1117]] strength (Sec. 571.221), and fuel system integrity (Sec. 571.301). Stop-request system means a vehicle-integrated system for passenger to use to signal to a vehicle operator that they are requesting a stop. Survival space means all points within a three-dimensional space in the occupant compartment as defined within the following volume: (1) The front boundary of the survival space is a transverse vertical plane forward of the most forward seat (whether passenger, or driver seat) when the seat back is in the manufacturer's nominal design riding position. This transverse vertical plane is: (i) For a forward-facing seat, 600 millimeters (mm) in front of the forward most point on the longitudinal centerline of the front surface of the seat back when the seat is in its forward most position; (ii) For a rearward-facing seat, through the most forward point (relative to the vehicle) on the longitudinal centerline of the seat back when the seat is in its forward most position with respect to the vehicle; (iii) For a side-facing seat, through the most forward point (relative to the vehicle) on the seat, including the seat back, seat arm rest, and seat cushion. (2) The rear boundary of the survival space is the inside surface of the rear wall of the occupant compartment of the vehicle. (3) The outer boundary of the survival space at any transverse cross section between, or at the front and rear boundaries, is defined on each side of the vehicle by the occupant compartment floor and the following three line segments (see Figure 1 of this section, provided for illustration purposes only): (i) Segment 1 extends vertically from the floor to an end point that is 500 mm above the floor and 150 mm inboard of the side wall. (ii) Segment 2 starts at the end point of Segment 1. The end point of Segment 2 is 750 mm vertically above and 250 mm horizontally inboard of the end point of Segment 1. (iii) Segment 3 is a horizontal line that starts at the end point of Segment 2 and ends at the vertical longitudinal center plane of the vehicle. Transit bus means a bus that is equipped with a stop-request system sold for public transportation provided by, or on behalf of, a State or local government and that is not an over-the-road bus. S5. Requirements. When tested under the conditions in S6 and the test procedures specified in S7, each bus shall meet the requirements in S5.1 and S5.2. S5.1 Survival space intrusion. No part of the vehicle that is outside the survival space shall intrude into the survival space during the movement of the tilting platform or resulting from impact of the vehicle on the impact surface, except as provided below in this paragraph. (a) Items separated from the vehicle and with a mass less than 15.0 grams that enter the survival space will not be considered for this evaluation of survival space intrusion. (b) Portions of a bus over which there is not a permanent roof, such as the upper level of an open-top double-decker bus, will not be considered for this evaluation. S5.2 Opening of Emergency exits. Emergency exits shall not open during the movement of the tilting platform or resulting from impact of the vehicle on the impact surface. S6. Test conditions. S6.1 Tilting platform. S6.1.1 The tilting platform has a top surface that rests horizontally at its initial position and is of sufficient size to fully contact the bottom of the vehicle's tires, as shown in Figure 2 of this section (figure provided for illustration purposes only). S6.1.2 The top surface of the tilting platform, at its initial position, is 800 20 millimeters (mm) above the impact surface specified in S6.1.6, as shown in Figures 1 and 2 of this section (figures provided for illustration purposes only). S6.1.3 The axis of rotation of the tilting platform is a maximum of a 100 mm horizontal distance from the edge of the impact surface closest to the platform and a maximum of 100 mm below the horizontal plane at the top surface of the tilting platform as shown in Figure 3 of this section (figure provided for illustration purposes only). [[Page 1118]] S6.1.4 The tilting platform is equipped with rigid wheel supports on the top surface as illustrated in Figure 3 of this section (figure provided for illustration purposes only). At each vehicle axle, the wheel closest to the platform's axis of rotation is supported. The rigid wheel supports are positioned to make contact with the outboard tire sidewall of the supported wheels with the vehicle positioned as specified in S6.3.1 to prevent sliding of the vehicle during the test. Each rigid wheel support has the following dimensions: (a) The height above the top surface of the tilting platform is no greater than two-thirds of the vertical height of the adjacent tire's sidewall. (b) The width is a minimum of 19 mm. (c) The length is a minimum of 500 mm. (d) The top inboard edge has a radius of 10 mm. S6.1.5 While raising the platform, the tilting platform roll angle, measured at the outside of each wheel farthest from the pivot point, does not differ by more than one degree. S6.1.6 The impact surface is horizontal, uniform, dry, and smooth concrete. The impact surface covers an area that is large enough to ensure that the vehicle does not strike beyond the impact surface edges. S6.2 Vehicle preparation. S6.2.1 The vehicle's tires are inflated to the manufacturer's recommended tire pressure. S6.2.2 Test equipment may be attached securely to the bus structure such that the equipment does not break away from the bus structure from the time the tilting platform begins movement to after the vehicle comes to rest on the impact surface. S6.2.3 Fixed seats may be removed or adjustable seats repositioned for the installation of test equipment in the survival space. Ballast of any weight up to the weight of the removed seat and 68 kg per designated seating position may be secured to the bus floor. The ballasts are not placed farther forward than the forward most point of the vehicle seat immediately in front of the removed seat, and the ballasts are not placed farther rearward than the rear most point of the vehicle seat immediately behind the removed seat. S6.2.4 The fuel tank is filled to any level from 90 to 95 percent of capacity. All other vehicle fluids are filled to any level from 90 to 95 percent of capacity. Fluids may be substituted if the weight of the original fluid is maintained. S6.2.5 Ballasting. The vehicle is loaded to any weight up to and including the GVWR. Up to 68 kilograms (150 pounds) of ballast is installed at all designated seating positions that are equipped with occupant restraints. The ballast is placed on the top of each seat cushion and attached securely to the seat frame such that it does not break away from the seat from the time the tilting platform begins movement to after the vehicle comes to rest on the impact surface. S7 Rollover structural integrity test procedure. Each vehicle shall meet the requirements of S5 when prepared as specified in S6.2 and tested in accordance with the procedures set forth in paragraphs (a) through (f) of this S7. (a) Position the vehicle on the tilting platform as illustrated in the examples of Figures 2 and 3 of this section with its longitudinal centerline parallel to the tilt platform's axis of rotation, the right or left side facing the impact surface at NHTSA's option, and with the outboard tire sidewall at the widest axle within 100 mm of the axis of rotation. (Figures provided for illustration purposes only.) (b) Apply the vehicle parking brakes. (c) Attach a rigid wheel support to the tilting platform at each axle of the vehicle so that it contacts the outboard tire sidewall of the wheel closest to the impact surface. (d) Block the suspension system of the vehicle to be within 25 mm of the normal riding attitude as loaded in S6.2.5. (e) Vehicle windows, doors, and emergency exits are fully closed and latched but not locked. (f) Tilt the vehicle at a rate not to exceed 5 degrees/second until it starts to rollover on its own. [[Page 1119]] [GRAPHIC] [TIFF OMITTED] TR29DE21.003 [[Page 1120]] [GRAPHIC] [TIFF OMITTED] TR29DE21.004 [[Page 1121]] [GRAPHIC] [TIFF OMITTED] TR29DE21.005 [86 FR 74302, Dec. 29, 2021] Effective Date Note: At 86 FR 74302, Dec. 29, 2021, Sec. 571.227 was added, effective Dec. 30, 2024. Sec. 571.301 Standard No. 301; Fuel system integrity. S1. Scope. This standard specifies requirements for the integrity of motor vehicle fuel systems. S2. Purpose. The purpose of this standard is to reduce deaths and injuries occurring from fires that result from fuel spillage during and after motor vehicle crashes, and resulting from ingestion of fuels during siphoning. S3. Application. This standard applies to passenger cars, and to multipurpose passenger vehicles, trucks and buses that have a GVWR of 4,536 kg or less and use fuel with a boiling point above 0 [deg]C, and to school buses that have a GVWR greater than 4,536 kg and use fuel with a boiling point above 0 [deg]C. S4. Definition. Fuel spillage means the fall, flow, or run of fuel from the vehicle but does not include wetness resulting from capillary action. S5. General requirements. S5.1 Passenger cars, and multipurpose passenger vehicles, trucks, and buses with a GVWR of 10,000 pounds or less. Each passenger car and each multipurpose passenger vehicle, truck, and bus with a GVWR of 10,000 pounds or less shall meet the requirements of S6.1 through S6.4. Each of these types of vehicles that is manufactured to use alcohol fuels shall also meet the requirements of S6.6. S5.2 [Reserved] S5.3 [Reserved] S5.4 Schoolbuses with a GVWR greater than 10,000 pounds. Each schoolbus with a GVWR greater than 10,000 pounds shall meet the requirements of S6.5. Each schoolbus with a GVWR greater than 10,000 pounds that is manufactured to use alcohol fuels shall meet the requirements of S6.6. S5.5 Fuel spillage; Barrier crash. Fuel spillage in any fixed or moving barrier crash test shall not exceed 28 g from impact until motion of the vehicle has [[Page 1122]] ceased, and shall not exceed a total of 142 g in the 5-minute period following cessation of motion. For the subsequent 25-minute period, fuel spillage during any 1 minute interval shall not exceed 28 g. S5.6 Fuel spillage; rollover. Fuel spillage in any rollover test, from the onset of rotational motion, shall not exceed a total of 142 g for the first 5 minutes of testing at each successive 90[deg] increment. For the remaining test period, at each increment of 90[deg] fuel spillage during any 1 minute interval shall not exceed 28 g. S5.7. Alcohol fuel vehicles. Each vehicle manufactured to operate on an alcohol fuel (e.g., methanol, ethanol) or a fuel blend containing at least 20 percent alcohol fuel shall meet the requirements of S6.6. S6. Test requirements. Each vehicle with a GVWR of 4,536 kg or less shall be capable of meeting the requirements of any applicable barrier crash test followed by a static rollover, without alteration of the vehicle during the test sequence. A particular vehicle need not meet further requirements after having been subjected to a single barrier crash test and a static rollover test. Where manufacturer options are specified in this standard, the manufacturer must select an option not later than the time it certifies the vehicle and may not thereafter select a different option for that vehicle. Each manufacturer must, upon request from the National Highway Traffic Safety Administration, provide information regarding which of the compliance options it has selected for a particular vehicle or make/model. S6.1 Frontal barrier crash. When the vehicle travelling longitudinally forward at any speed up to and including 48 km/h impacts a fixed collision barrier that is perpendicular to the line of travel of the vehicle, or at any angle up to 30[deg] in either direction from the perpendicular to the line of travel of the vehicle, with 50th-percentile test dummies as specified in part 572 of this chapter at each front outboard designated seating position and at any other position whose protection system is required to be tested by a dummy under the provisions of Standard No. 208, under the applicable conditions of S7., fuel spillage shall not exceed the limits of S5.5. S6.2 Rear moving barrier crash. (a) Vehicles manufactured before September 1, 2006. When the vehicle is impacted from the rear by the barrier specified in S7.3(a) of this standard moving at 48 km/h, with 50th percentile test dummies as specified in part 572 of this chapter at each front outboard designated seating position, under the applicable conditions of S7, fuel spillage must not exceed the limits of S5.5. (b) Vehicles manufactured on or after September 1, 2006. When the vehicle is impacted from the rear by a moving deformable barrier 80 1.0 km/h with a 70 percent overlap, with 50th percentile test dummies as specified in part 572 of this chapter at each front outboard designated seating position, under the applicable conditions of S7, fuel spillage must not exceed the limits of S5.5. (c) Small volume manufacturers. Notwithstanding S6.2(b) of this standard, vehicles manufactured on or after September 1, 2004 and before September 1, 2008 by a manufacturer that produces fewer than 5,000 vehicles annually for sale in the United States may meet the requirements of S6.2(a). Vehicles manufactured on or after September 1, 2008 by small volume manufacturers must meet the requirements of S6.2(b). S6.3 Side moving barrier crash. (a) Vehicles manufactured before September 1, 2004. When the vehicle is impacted laterally on either side by a barrier moving at 32 km/h with 50th percentile test dummies as specified in part 572 of this chapter at positions required for testing to Standard No. 208 (49 CFR 571.208), under the applicable conditions of S7, fuel spillage must not exceed the limits of S5.5. (b) Vehicles manufactured on or after September 1, 2004. When the vehicle is impacted laterally on either side by a moving deformable barrier at 53 1.0 km/h with the appropriate 49 CFR part 572 test dummies specified in 571.214 at positions required for testing by S7.1.1, S7.2.1, or S7.2.2 of Standard 214, under the applicable conditions of S7 of this standard, fuel spillage shall not exceed the limits of S5.5 of this standard. (c)(1) Notwithstanding S6.3(b) of this standard, vehicles having a GVWR greater than 6,000 lb (2,722 kg) may [[Page 1123]] meet S6.3(a) instead of S6.3(b) of this standard until September 1, 2005. (2) Notwithstanding S6.3(b) of this standard, vehicles having a GVWR greater than 6,000 lb (2,722 kg) manufactured on or after September 1, 2005 must meet the requirements of S6.3(b) of this standard unless they are excluded from S6.3(b) under the phase-in specified in this paragraph. Excluded vehicles must meet the requirements of S6.3(a) of this standard. For vehicles having a GVWR greater than 6,000 lb (2,722 kg) manufactured on or after September 1, 2005 and before September 1, 2006, the number of vehicles complying with S6.3(b) shall be not less than 90 percent of: (i) The manufacturer's average annual production of vehicles with a GVWR greater than 6,000 lb (2,722 kg) manufactured on or after September 1, 2002 and before September 1, 2005; or (ii) The manufacturer's production of vehicles with a GVWR greater than 6,000 lb (2,722 kg) on or after September 1, 2004 and before September 1, 2005. (iii) Vehicles that have a GVWR greater than 6,000 lb (2,722 kg) and that are manufactured on or after September 1, 2006 must meet the requirements of S6.3(b) of this standard. (3) Vehicles produced by more than one manufacturer. For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S6.3(c)(2)(i) and S6.3(c)(2)(ii) of this standard, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows, subject to S6.3(c)(4). (i) A vehicle which is imported shall be attributed to the importer. (ii) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer that markets the vehicle. (4) A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR 568.6, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S6.3(c)(3). (d) Notwithstanding S6.3(b) of this standard, vehicles with a GVWR of 6,000 lb (2,722 kg) or less that are manufactured in two or more stages or altered (within the meaning of 49 CFR 567.7) after having been previously certified in accordance with part 567 of this chapter may meet S6.3(a) of this standard until September 1, 2005. Vehicles with a GVWR of 6,000 lb (2,722 kg) or less that are manufactured in two or more stages or altered (within the meaning of 49 CFR 567.7) after having been previously certified in accordance with part 567 of this chapter and that are manufactured on or after September 1, 2005 must meet the requirements of S6.3(b) (e) Notwithstanding S6.3(b) and (c) of this standard, vehicles with a GVWR greater than 6,000 lb (2,722 kg) that are manufactured in two or more stages or altered (within the meaning of 49 CFR 567.7) after having been previously certified in accordance with part 567 of this chapter may meet S6.3(a) of this standard until September 1, 2006. Vehicles with a GVWR greater than 6,000 lb (2,722 kg) that are manufactured in two or more stages or altered (within the meaning of 49 CFR 567.7) after having been previously certified in accordance with part 567 of this chapter and that are manufactured on or after September 1, 2006 must meet the requirements of S6.3(b). S6.4 Static rollover. When the vehicle is rotated on its longitudinal axis to each successive increment of 90[deg], following an impact crash of S6.1, S6.2, or S6.3, fuel spillage shall not exceed the limits of S5.6. S6.5 Moving contoured barrier crash. When the moving contoured barrier assembly traveling longitudinally forward at any speed up to and including 48 km/h impacts the test vehicle (school bus with a GVWR exceeding 4,536 kg) at any point and angle, under the applicable conditions of S7.1 and S7.5, fuel spillage shall not exceed the limits of S5.5. S6.6 Anti-siphoning test for alcohol fuel vehicles. Each vehicle shall have means that prevent any hose made of vinyl plastic or rubber, with a length of not less than 1200 millimeters (mm) [[Page 1124]] and an outside diameter of not less than 5.2 mm, from contacting the level surface of the liquid fuel in the vehicle's fuel tank or fuel system, when the hose is inserted into the filler neck attached to the fuel tank with the fuel tank filled to any level from 90 to 95 percent of capacity. S7. Test conditions. The requirements of S5.1 through S5.6 and S6.1 through S6.5 shall be met under the following conditions. Where a range is specified, the vehicle must be capable of meeting the requirements at all points within the range. S7.1 General test conditions. The following conditions apply to all tests. S7.1.1 The fuel tank is filled to any level from 90 to 95 percent of capacity with Stoddard solvent, having the physical and chemical properties of type 1 solvent, Table I of ASTM D484-71 (incorporated by reference, see Sec. 571.5). S7.1.2 The fuel system other than the fuel tank is filled with Stoddard solvent to its normal operating level. S7.1.3 In meeting the requirements of S6.1 through S6.3, if the vehicle has an electrically driven fuel pump that normally runs when the vehicle's electrical system is activated, it is operating at the time of the barrier crash. S7.1.4 The parking brake is disengaged and the transmission is in neutral, except that in meeting the requirements of S6.5 the parking brake is set. S7.1.5 Tires are inflated to manufacturer's specifications. S7.1.6 The vehicle, including test devices and instrumentation, is loaded as follows: (a) Except as specified in S7.1.1, a passenger car is loaded to its unloaded vehicle weight plus its rated cargo and luggage capacity weight, secured in the luggage area, plus the necessary test dummies as specified in S6., restrained only by means that are installed in the vehicle for protection at its seating position. (b) Except as specified in S7.1.1, a multipurpose passenger vehicle, truck, or bus with a GVWR of 4,536 kg or less is loaded to its unloaded vehicle weight, plus the necessary test dummies as specified in S6, plus 136 kg or its rated cargo and luggage capacity weight, whichever is less, secured in the load carrying area and distributed as nearly as possible in proportion to its GAWR. For the purpose of this standard, unloaded vehicle weight does not include the weight of work-performing accessories. Each dummy is restrained only by means that are installed in the vehicle for protection at its seating position. (c) Except as specified in S7.1.1, a school bus with a GVWR greater than 4,536 kg is loaded to its unloaded vehicle weight, plus 54 kg of unsecured mass at each designated seating position. S7.2 Side moving barrier test conditions. (a) Vehicles manufactured before September 1, 2004. The side moving barrier crash test conditions are those specified in S8.2 of Standard No. 208 (49 CFR 571.208). (b) Vehicles manufactured on or after September 1, 2004. The side moving deformable barrier crash test conditions are those specified in S8 of Standard 214 (49 CFR 571.214). S7.3 Rear moving barrier test conditions. (a) Vehicles manufactured before September 1, 2006. The rear moving barrier test conditions are those specified in S8.2 of Standard No. 208 (49 CFR 571.208), except for the positioning of the barrier and the vehicle. The barrier and test vehicle are positioned so that at impact-- (1) The vehicle is at rest in its normal attitude; (2) The barrier is traveling at 48 km/h with its face perpendicular to the longitudinal centerline of the vehicle; and (3) A vertical plane through the geometric center of the barrier impact surface and perpendicular to that surface coincides with the longitudinal centerline of the vehicle. (b) Vehicles manufactured on or after September 1, 2006. The rear moving deformable barrier is the same as that shown in Figure 2 of Standard No. 214 (49 CFR 571.214) and specified in 49 CFR part 587, except as otherwise specified in paragraph S7.3 (b). The barrier and test vehicle are positioned so that at impact-- (1) The vehicle is stationary; (2) The deformable face of the barrier is mounted on the barrier 50 mm (2 [[Page 1125]] inches) lower than the height from the ground specified in Figure 2 of Standard No. 214 (49 CFR 571.214) (All dimensions from the ground in Figure 2, Front View should be reduced by 50 mm (2 inches.)); (3) The barrier is traveling 80 1.0 km/h; and (4) The barrier impacts the test vehicle with the longitudinal centerline of the vehicle parallel to the line of travel and perpendicular to the barrier face within a tolerance of 5 degrees. The test vehicle and barrier face are aligned so that the barrier strikes the rear of the vehicle with 70 percent overlap toward either side of the vehicle. So aligned, the barrier face fully engages one half of the rear of the vehicle and partially engages the other half. At impact, the vehicle's longitudinal centerline is located inboard either of the side edges of the barrier by a distance equal to 20 percent of the vehicle's width 50 mm (see Figure 3). The vehicle's width is the maximum dimension measured across the widest part of the vehicle, including bumpers and molding, but excluding such components as exterior mirrors, flexible mud flaps, marker lamps, and dual rear wheel configurations. S7.4 Static rollover test conditions. The vehicle is rotated about its longitudinal axis, with the axis kept horizontal, to each successive increment of 90[deg], 180[deg], and 270[deg] at a uniform rate, with 90[deg] of rotation taking place in any time interval from 1 to 3 minutes. After reaching each 90[deg] increment the vehicle is held in that position for 5 minutes. S7.5 Moving contoured barrier test conditions. The following conditions apply to the moving contoured barrier crash test. S7.5.1 The moving barrier, which is mounted on a carriage as specified in Figure 1, is of rigid construction, symmetrical about a vertical longitudinal plane. The contoured impact surface, which is 629 mm high and 1,981 mm wide, conforms to the dimensions shown in Figure 2, and is attached to the carriage as shown in that figure. The ground clearance to the lower edge of the impact surface is 133 mm 13 mm. The wheelbase is 3,048 mm 50 mm. S7.5.2 The moving contoured barrier, including the impact surface, supporting structure, and carriage, has a mass of 1,814 kg 23 kg with the mass distributed so that 408 kg 11 kg is at each rear wheel and 499 kg 11 kg is at each front wheel. The center of gravity is located 1,372 mm 38 mm rearward of the front wheel axis, in the vertical longitudinal plane of symmetry, 401 mm 13 mm above the ground. S7.5.3 The moving contoured barrier has a solid nonsteerable front axle and fixed rear axle attached directly to the frame rails with no spring or other type of suspension system on any wheel. (The moving barrier assembly is equipped with a braking device capable of stopping its motion.) S7.5.4 The concrete surface upon which the vehicle is tested is level, rigid, and of uniform construction, with a skid number of 75 when measured in accordance with ASTM E274-65T (incorporated by reference, see Sec. 571.5) at 64 km/h, omitting water delivery as specified in paragraph 7.1 of that method. S7.5.5 The barrier assembly is released from the guidance mechanism immediately prior to impact with the vehicle. S7.6 The moving barrier assemblies specified in S7.2, S7.3 and S7.5 are equipped with P205/75R15 pneumatic tires inflated to 200 kPa 21 kPa. S8 Phase-In schedule. S8.1 Rear impact test upgrade. (a) Vehicles manufactured on or after September 1, 2006 and before September 1, 2007. For vehicles manufactured on or after September 1, 2006, and before September 1, 2007, the number of vehicles complying with S6.2(b) of this standard must not be less than 40 percent of: (1) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2004, and before September 1, 2007; or (2) The manufacturer's production on or after September 1, 2006, and before September 1, 2007. (b) Vehicles manufactured on or after September 1, 2007 and before September 1, 2008. For vehicles manufactured on or after September 1, 2007 and before September 1, 2008, the number of vehicles complying with S6.2(b) of this standard must not be less than 70 percent of: [[Page 1126]] (1) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2005, and before September 1, 2008; or (2) The manufacturer's production on or after September 1, 2007, and before September 1, 2008. (c) Vehicles manufactured on or after September 1, 2008. For vehicles manufactured on or after September 1, 2008, the number of vehicles complying with S6.2(b) of this standard must be 100 percent of the manufacturer's production during that period. S8.2 Vehicles manufactured in two or more stages. A final stage manufacturer or alterer may, at its option, comply with the requirements set forth in S8.2.1 and S8.2.2. S8.2.1 Vehicles manufactured on or after September 1, 2006 and before September 1, 2009 are not required to comply with the requirements specified in S6.2(b) of this standard. S8.2.2 Vehicles manufactured on or after September 1, 2009 must comply with the requirements specified in S6.2(b) of this standard. S8.3 Vehicles produced by more than one manufacturer. S8.3.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S8.1, a vehicle produced by more than one manufacturer must be attributed to a single manufacturer as follows, subject to S8.3.2: (a) A vehicle that is imported must be attributed to the importer. (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, must be attributed to the manufacturer that markets the vehicle. S8.3.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 586, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S8.3.1. [[Page 1127]] [GRAPHIC] [TIFF OMITTED] TC01AU91.148 [[Page 1128]] [GRAPHIC] [TIFF OMITTED] TR29JY03.002 [[Page 1129]] [GRAPHIC] [TIFF OMITTED] TR01DE03.015 [40 FR 48353, Oct. 15, 1975] Editorial Note: For Federal Register citations affecting Sec. 571.301, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. [[Page 1130]] Sec. 571.302 Standard No. 302; Flammability of interior materials. S1. Scope. This standard specifies burn resistance requirements for materials used in the occupant compartments of motor vehicles. S2. Purpose. The purpose of this standard is to reduce the deaths and injuries to motor vehicle occupants caused by vehicle fires, especially those originating in the interior of the vehicle from sources such as matches or cigarettes. S3. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses. S3A. Definitions. Occupant compartment air space means the space within the occupant compartment that normally contains refreshable air. S4. Requirements. S4.1 The portions described in S4.2 of the following components of vehicle occupant compartments shall meet the requirements of S4.3: Seat cushions, seat backs, seat belts, headlining, convertible tops, arm rests, all trim panels including door, front, rear, and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, mattress covers, and any other interior materials, including padding and crash-deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash. S4.1.1 [Reserved] S4.2 Any portion of a single or composite material which is within 13 mm of the occupant compartment air space shall meet the requirements of S4.3. S4.2.1 Any material that does not adhere to other material(s) at every point of contact shall meet the requirements of S4.3 when tested separately. S4.2.2 Any material that adheres to other materials at every point of contact shall meet the requirements of S4.3 when tested as a composite with the other material(s). [GRAPHIC] [TIFF OMITTED] TR27MY98.011 Material A has a non-adhering interface with material B and is tested separately. Part of material B is within 13 mm of the occupant compartment air space, and materials B and C adhere at every point of contact; therefore, B and C are tested as a composite. The cut is in material C as shown, to make a specimen 13 mm thick. S4.3(a) When tested in accordance with S5, material described in S4.1 and S4.2 shall not burn, nor transmit a flame front across its surface, at a rate of more than 102 mm per minute. The requirement concerning transmission [[Page 1131]] of a flame front shall not apply to a surface created by cutting a test specimen for purposes of testing pursuant to S5. (b) If a material stops burning before it has burned for 60 seconds from the start of timing, and has not burned more than 51 mm from the point where the timing was started, it shall be considered to meet the burn-rate requirement of S4.3(a). S5.1 Conditions. S5.1.1 The test is conducted in a metal cabinet for protecting the test specimens from drafts. The interior of the cabinet is 381 mm long, 203 mm deep, and 356 mm high. It has a glass observation window in the front, a closable opening to permit insertion of the specimen holder, and a hole to accommodate tubing for a gas burner. For ventilation, it has a 13 mm clearance space around the top of the cabinet, ten holes in the base of the cabinet, each hole 19 mm in diameter and legs to elevate the bottom of the cabinet by 10 mm, all located as shown in Figure 1. [GRAPHIC] [TIFF OMITTED] TR24SE98.036 S5.1.2 Prior to testing, each specimen is conditioned for 24 hours at a temperature of 21 [deg]C, and a relative humidity of 50 percent, and the test is conducted under those ambient conditions. S5.1.3 The test specimen is inserted between two matching U-shaped frames of metal stock 25 mm wide and 10 mm high. The interior dimensions of the U-shaped frames are 51 mm wide by 330 mm long. A specimen that softens and bends at the flaming end so as to cause [[Page 1132]] erratic burning is kept horizontal by supports consisting of thin, heat- resistant wires, spanning the width of the U-shaped frame under the specimen at 25 mm intervals. A device that may be used for supporting this type of material is an additional U-shaped frame, wider than the U- shaped frame containing the specimen, spanned by 10-mil wires of heat- resistant composition at 25 mm intervals, inserted over the bottom U- shaped frame. S5.1.4 A bunsen burner with a tube of 10 mm inside diameter is used. The gas adjusting valve is set to provide a flame, with the tube vertical, of 38 mm in height. The air inlet to the burner is closed. S5.1.5 The gas supplied to the burner has a flame temperature equivalent to that of natural gas. S5.2 Preparation of specimens. S5.2.1 Each specimen of material to be tested shall be a rectangle 102 mm wide by 356 mm long, wherever possible. The thickness of the specimen is that of the single or composite material used in the vehicle, except that if the material's thickness exceeds 13 mm, the specimen is cut down to that thickness measured from the surface of the specimen closest to the occupant compartment air space. Where it is not possible to obtain a flat specimen because of surface curvature, the specimen is cut to not more than 13 mm in thickness at any point. The maximum available length or width of a specimen is used where either dimension is less than 356 mm or 102 mm, respectively, unless surrogate testing is required under S4.1.1. S5.2.2 The specimen is produced by cutting the material in the direction that provides the most adverse test results. The specimen is oriented so that the surface closest to the occupant compartment air space faces downward on the test frame. S5.2.3 Material with a napped or tufted surface is placed on a flat surface and combed twice against the nap with a comb having seven to eight smooth, rounded teeth per 25 mm. S5.3 Procedure. (a) Mount the specimen so that both sides and one end are held by the U-shaped frame, and one end is even with the open end of the frame. Where the maximum available width of a specimen is not more than 51 mm, so that the sides of the specimen cannot be held in the U-shaped frame, place the specimen in position on wire supports as described in S5.1.3, with one end held by the closed end of the U-shaped frame. (b) Place the mounted specimen in a horizontal position, in the center of the cabinet. (c) With the flame adjusted according to S5.1.4, position the bunsen burner and specimen so that the center of the burner tip is 19 mm below the center of the bottom edge of the open end of the specimen. (d) Expose the specimen to the flame for 15 seconds. (e) Begin timing (without reference to the period of application of the burner flame) when the flame from the burning specimen reaches a point 38 mm from the open end of the specimen. (f) Measure the time that it takes the flame to progress to a point 38 mm from the clamped end of the specimen. If the flame does not reach the specified end point, time its progress to the point where flaming stops. (g) Calculate the burn rate from the formula: B = 60 x (D/T) Where: B = Burn rate in millimeters per minute D = Length the flame travels in millimeters, and T = Time in seconds for the flame to travel D millimeters. [36 FR 22902, Dec. 2, 1971, as amended at 40 FR 14319, Mar. 31, 1975; 40 FR 42747, Sept. 16, 1975; 40 FR 56667, Dec. 4, 1975; 63 FR 28954, 28956, May 27, 1998; 63 FR 51003, Sept. 24, 1998] Sec. 571.303 Standard No. 303; Fuel system integrity of compressed natural gas vehicles. S1. Scope. This standard specifies requirements for the integrity of motor vehicle fuel systems using compressed natural gas (CNG), including the CNG fuel systems of bi-fuel, dedicated, and dual fuel CNG vehicles. S2. Purpose. The purpose of this standard is to reduce deaths and injuries occurring from fires that result from fuel leakage during and after motor vehicle crashes. [[Page 1133]] S3. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks and buses that have a gross vehicle weight rating (GVWR) of 10,000 pounds or less and use CNG as a motor fuel. This standard also applies to school buses regardless of weight that use CNG as a motor fuel. S4. Definitions. Bi-fuel CNG vehicle means a vehicle equipped with two independent fuel systems, one of which is designed to supply CNG and the second to supply a fuel other than CNG. CNG fuel container means a container designed to store CNG as motor fuel onboard a motor vehicle. CNG fuel system means all components used to store or supply CNG to a vehicle's engine. Dedicated CNG vehicle means a vehicle equipped with one fuel system and designed to operate on CNG. Dual-fuel CNG vehicle means a vehicle which is fueled by two fuels simultaneously, one of which is CNG and the second is a fuel other than CNG. High pressure portion of a fuel system means all the components from and including each CNG fuel container up to, but not including, the first pressure regulator. Service pressure means the internal pressure of a CNG fuel container when filled to design capacity with CNG at 20 [deg]Celsius (68 [deg]Fahrenheit). S5. General requirements. S5.1 Vehicle requirements. S5.1.1 Vehicles with GVWR of 10,000 pounds or less. Each passenger car, multipurpose passenger vehicle, truck, and bus with a GVWR of 10,000 pounds or less that uses CNG as a motor fuel and that is manufactured on or after September 1, 1995 shall meet the requirements of S6, except S6.4. S5.1.2 Schoolbuses with a GVWR greater than 10,000 pounds. Each schoolbus with a GVWR greater than 10,000 pounds that uses CNG as a motor fuel and that is manufactured on or after September 1, 1995 shall meet the requirements of S6.4. S5.2 Fuel system pressure drop: barrier crash. (a) For all vehicles, the pressure drop in the high pressure portion of the fuel system, expressed in kiloPascals (kPa), in any fixed or moving barrier crash from vehicle impact through the 60 minute period following cessation of motion shall not exceed: (1) 1062 kPa (154 psi), or (2) 895 (T/VFS); whichever is higher where T is the average temperature of the test gas in degrees Kelvin, stabilized to ambient temperature before testing, where average temperature (T) is calculated by measuring ambient temperature at the start of the test time and then every 15 minutes until the test time of 60 minutes is completed; the sum of the ambient temperatures is then divided by five to yield the average temperature (T); and where VFS is the internal volume in liters of the fuel container and the fuel lines up to the first pressure regulator. (b) For bi-fuel or dual fuel CNG vehicles, the test requirement in S5.2(a) shall apply to the CNG fuel system, and the test requirement of Standard No. 301 shall apply to the other fuel system, if that standard is applicable. S5.3 Each CNG vehicle shall be permanently labeled, near the vehicle refueling connection, with the information specified in S5.3.1 and S5.3.2 of this section. The information shall be visible to a person standing next to the vehicle during refueling, in English, and in letters and numbers that are not less than 4.76 mm (3/16 inch) high. S5.3.1 The statement: ``Service pressure ______________________________ kPa (____________ psig).'' S5.3.2 The statement ``See instructions on fuel container for inspection and service life.'' S5.4 When a motor vehicle is delivered to the first purchaser for purposes other than resale, the manufacturer shall provide the purchaser with a written statement of the information in S5.3.1 and S5.3.2 in the owner's manual, or, if there is no owner's manual, on a one-page document. The information shall be in English and in not less than 10 point type. S6. Test requirements: fuel system integrity. Each vehicle with a GVWR of 10,000 pounds or less shall meet the requirements of any applicable barrier crash test. A particular vehicle need not meet further requirements after having been subjected to a single barrier crash test. [[Page 1134]] S6.1 Frontal barrier crash. When the vehicle traveling longitudinally forward at any speed up to and including 30 mph impacts a fixed collision barrier that is perpendicular to the line of travel of the vehicle, or at any angle up to 30 degrees in either direction from the perpendicular to the line of travel of the vehicle, with 50th percentile test dummies as specified in part 572 of this chapter at each front outboard designated seating position and at any other position whose protection system is required to be tested by a dummy under the provisions of Standard No. 208, under the applicable conditions of S7, the fuel pressure drop shall not exceed the limits of S5.2. S6.2 Rear moving barrier crash. When the vehicle is impacted from the rear by a barrier moving at any speed up to and including 30 mph, with test dummies as specified in part 572 of this chapter at each front outboard designated seating position, under the applicable conditions of S7, the fuel pressure drop shall not exceed the limits of S5.2. S6.3 Lateral moving barrier crash. When the vehicle is impacted laterally on either side by a barrier moving at any speed up to and including 20 mph with 50th percentile test dummies as specified in part 572 of this chapter at positions required for testing to Standard No. 208, under the applicable conditions of S7, the fuel pressure drop shall not exceed the limits of S5.2. S6.4 Moving contoured barrier crash. When the moving contoured barrier assembly traveling longitudinally forward at any speed up to and including 30 mph impacts the test vehicle (schoolbus with a GVWR exceeding 10,000 pounds) at any point and angle, under the applicable conditions of S7, the fuel pressure drop shall not exceed the limits of S5.2. S7. Test conditions. The requirements of S5 and S6 shall be met under the following conditions. Where a range of conditions is specified, the vehicle must be capable of meeting the requirements at all points within the range. S7.1 General test conditions. The following conditions apply to all tests. S7.1.1 Each fuel storage container is filled to 100 percent of service pressure with nitrogen, N2. The gas pressure shall stabilize to ambient temperature before testing may be conducted. S7.1.2 After each fuel storage container is filled as specified in S7.1.1, the fuel system other than each fuel storage container is filled with nitrogen, N2, to normal operating pressures. All manual shutoff valves are to be in the open position. S7.1.3 In meeting the requirements of S6.1 through S6.4, if the vehicle has an electrically driven fuel pump that normally runs when the vehicle's electrical system is activated, it is operating at the time of the barrier crash. If the vehicle has any high pressure electric shutoff valve that is normally open when the electrical system is activated, it is open at the time of the barrier crash. Furthermore, if any electric shutoff valve prevents sensing of system pressure by the pressure transducer when closed, it must be open for both the initial pressure measurement and the pressure measurement 60 minutes after the vehicle ceases motion from impact. Any valve shall be open for a period of one minute to equalize the system pressure. S7.1.4 The parking brake is disengaged and the transmission is in neutral, except that in meeting the requirements of S6.4, the parking brake is set. S7.1.5 Tires are inflated to manufacturer's specifications. S7.1.6 The vehicle, including test devices and instrumentation, is loaded as follows: (a) A passenger car, with its fuel system filled as specified in S7.1.1 and S7.1.2, is loaded to its unloaded vehicle weight plus its rated cargo and luggage capacity weight, secured in the luggage area, plus the necessary test dummies as specified in S6, restrained only by means that are installed in the vehicle for protection at its seating position. (b) A multipurpose passenger vehicle, truck, or bus with a GVWR of 10,000 pounds or less, whose fuel system is filled as specified in S7.1.1 and S7.1.2, is loaded to its unloaded vehicle weight, plus the necessary test dummies as specified in S6, plus 136.1 kilograms (kg.) (300 pounds (lb.)), or its rated cargo and luggage capacity weight, [[Page 1135]] whichever is less, secured to the vehicle and distributed so that the weight on each axle as measured at the tire-ground interface is in proportion to its GAWR. Each dummy shall be restrained only by means that are installed in the vehicle for protection at its seating position. (c) A schoolbus with a GVWR greater than 10,000 pounds, whose fuel system is filled as specified in S7.1.1 and S7.1.2, is loaded to its unloaded vehicle weight, plus 54.4 kg. (120 lb.) of unsecured weight at each designated seating position. S7.1.7 The ambient temperature is not to vary more than 5.6 [deg]C (10 [deg]F) during the course of the test. S7.1.8 The pressure drop measurement specified in S5.2 is to be made using a location on the high pressure side of the fuel system in accordance with the vehicle manufacturer's recommendation. S7.2 Lateral moving barrier crash test conditions. The lateral moving barrier crash test conditions are those specified in S8.2 of Standard No. 208, 49 CFR 571.208. S7.3 Rear moving barrier test conditions. The rear moving barrier test conditions are those specified in S8.2 of Standard No. 208, 49 CFR 571.208, except for the positioning of the barrier and the vehicle. The barrier and test vehicle are positioned so that at impact-- (a) The vehicle is at rest in its normal attitude; (b) The barrier is traveling at any speed up to and including 30 mph with its face perpendicular to the longitudinal centerline of the vehicle; and (c) A vertical plane through the geometric center of the barrier impact surface and perpendicular to that surface coincides with the longitudinal centerline of the vehicle. S7.4 Moving contoured barrier test conditions. The moving contoured barrier crash test conditions are those specified in S7.5 of Standard No. 301, 49 CFR 571.301. [59 FR 19659, Apr. 25, 1994, as amended at 60 FR 2543, Jan. 10, 1995; 60 FR 57948, Nov. 24, 1995] Sec. 571.304 Standard No. 304; Compressed natural gas fuel container integrity. S1. Scope. This standard specifies requirements for the integrity of compressed natural gas (CNG), motor vehicle fuel containers. S2. Purpose. The purpose of this standard is to reduce deaths and injuries occurring from fires that result from fuel leakage during and after motor vehicle crashes. S3. Application. This standard applies to each passenger car, multipurpose passenger vehicle, truck, and bus that uses CNG as a motor fuel and to each container designed to store CNG as motor fuel on-board any motor vehicle. S4. Definitions. Brazing means a group of welding processes wherein coalescence is produced by heating to a suitable temperature above 800 [deg]F and by using a nonferrous filler metal, having a melting point below that to the base metals. The filler metal is distributed between the closely fitted surfaces of the joint by capillary attraction. Burst pressure means the highest internal pressure reached in a CNG fuel container during a burst test at a temperature of 21 [deg]C (70 [deg]F). CNG fuel container means a container designed to store CNG as motor fuel on-board a motor vehicle. Fill pressure means the internal pressure of a CNG fuel container attained at the time of filling. Fill pressure varies according to the gas temperature in the container which is dependent on the charging parameters and the ambient conditions. Full wrapped means applying the reinforcement of a filament or resin system over the entire liner, including the domes. Hoop wrapped means winding of filament in a substantially circumferential pattern over the cylindrical portion of the liner so that the filament does not transmit any significant stresses in a direction parallel to the cylinder longitudinal axis. Hydrostatic pressure means the internal pressure to which a CNG fuel container is taken during testing set forth in S5.4.1. [[Page 1136]] Liner means the inner gas tight container or gas cylinder to which the overwrap is applied. Service pressure means the internal settled pressure of a CNG fuel container at a uniform gas temperature of 21 [deg]C (70 [deg]F) and full gas content. It is the pressure for which the container has been constructed under normal conditions. S5 Container and material requirements. S5.1 Container designations. Container designations are as follows: S5.1.1 Type 1--Non-composite metallic container means a metal container. S5.1.2 Type 2--Composite metallic hoop wrapped container means a metal liner reinforced with resin impregnated continuous filament that is ``hoop wrapped.'' S5.1.3 Type 3--Composite metallic full wrapped container means a metal liner reinforced with resin impregnated continuous filament that is ``full wrapped.'' S5.1.4 Type 4--Composite non-metallic full wrapped container means resin impregnated continuous filament with a non-metallic liner ``full wrapped.'' S6 General requirements. S6.1 Each passenger car, multipurpose passenger vehicle, truck, and bus that uses CNG as a motor fuel shall be equipped with a CNG fuel container that meets the requirements of S7 through S7.4. S6.2 Each CNG fuel container manufactured on or after March 27, 1995 shall meet the requirements of S7 through S7.4. S7 Test requirements. Each CNG fuel container shall meet the applicable requirements of S7 through S7.4. S7.1 Pressure cycling test at ambient temperature. Each CNG fuel container shall not leak when tested in accordance with S8.1. S7.2 Hydrostatic burst test. S7.2.1 Each Type 1 CNG fuel container shall not leak when subjected to burst pressure and tested in accordance with S8.2. Burst pressure shall not be less than 2.25 times the service pressure for non-welded containers and shall not be less than 3.5 times the service pressure for welded containers. S7.2.2 Each Type 2, Type 3, or Type 4 CNG fuel container shall not leak when subjected to burst pressure and tested in accordance with S8.2. Burst pressure shall be not less than 2.25 times the service pressure. S7.3 Bonfire test. Each CNG fuel container shall be equipped with a pressure relief device. Each CNG fuel container shall completely vent its contents through a pressure relief device or shall not burst while retaining its entire contents when tested in accordance with S8.3. S7.4 Labeling. Each CNG fuel container shall be permanently labeled with the information specified in paragraphs (a) through (h) of this section. Any label affixed to the container in compliance with this section shall remain in place and be legible for the manufacturer's recommended service life of the container. The information shall be in English and in letters and numbers that are at least 6.35 mm (\1/4\ inch) high. (a) The statement: ``If there is a question about the proper use, installation, or maintenance of this container, contact____________________,'' inserting the CNG fuel container manufacturer's name, address, and telephone number. (b) The statement: ``Manufactured in ____________,'' inserting the month and year of manufacture of the CNG fuel container. (c) The statement: ``Service pressure ____________ kPa, (____________ psig).'' (d) The symbol DOT, constituting a certification by the CNG container manufacturer that the container complies with all requirements of this standard. (e) The container designation (e.g., Type 1, 2, 3, 4). (f) The statement: ``CNG Only.'' (g) The statement: ``This container should be visually inspected for damage and deterioration after a motor vehicle accident or fire, and either (a) at least every 12 months when installed on a vehicle with a GVWR greater than 4,536 kg, or (b) at least every 36 months or 36,000 miles, whichever comes first, when installed on a vehicle with a GVWR less than or equal to 4,536 kg.'' (h) The statement: ``Do Not Use After ____________'' inserting the month and year that mark the end of the manufacturer's recommended service life for the container. [[Page 1137]] S8 Test conditions: fuel container integrity. S8.1 Pressure cycling test. The requirements of S7.1 shall be met under the conditions of S8.1.1 through S8.1.4. S8.1.1 Hydrostatically pressurize the CNG container to the service pressure, then to not more than 10 percent of the service pressure, for 13,000 cycles. S8.1.2 After being pressurized as specified in S8.1.1, hydrostatically pressurize the CNG container to 125 percent of the service pressure, then to not more than 10 percent of the service pressure, for 5,000 cycles. S8.1.3 The cycling rate for S8.1.1 and S8.1.2 shall be any value up to and including 10 cycles per minute. S8.1.4 The cycling is conducted at ambient temperature. S8.2 Hydrostatic burst test. The requirements of S7.2 shall be met under the conditions of S8.2.1 through S8.2.2. S8.2.1 Hydrostatically pressurize the CNG fuel container, as follows: The pressure is increased up to the minimum prescribed burst pressure determined in S7.2.1 or S7.2.2, and held constant at the minimum burst pressure for 10 seconds. S8.2.2 The pressurization rate throughout the test shall be any value up to and including 1,379 kPa (200 psi) per second. S8.3 Bonfire test. The requirements of S7.3 shall be met under the conditions of S8.3.1 through S8.3.7. S8.3.1 Fill the CNG fuel container with compressed natural gas and test it at: (a) 100 percent of service pressure; and (b) 25 percent of service pressure. S8.3.2 Container positioning. (a) Position the CNG fuel container in accordance with paragraphs (b) and (c) of S8.3.2. (b) Position the CNG fuel container so that its longitudinal axis is horizontal and its bottom is 100 mm (4 inches) above the fire source. (c)(1) Position a CNG fuel container that is 1.65 meters (65 inches) in length or less and is fitted with one pressure relief device so that the center of the container is over the center of the fire source. (2) Position a CNG fuel container that is greater than 1.65 meters (65 inches) in length and is fitted with one pressure relief device at one end of the container so that the center of the fire source is 0.825 meters (32.5 inches) from the other end of the container, measured horizontally along a line parallel to the longitudinal axis of the container. (3) Position a CNG fuel container that is fitted with pressure relief devices at more than one location along its length so that the portion of container over the center of the fire source is the portion midway between the two pressure relief devices that are separated by the greatest distance, measured horizontally along a line parallel to the longitudinal axis of the container. (4) Test a CNG fuel container that is greater than 1.65 meters (65 inches) in length, is protected by thermal insulation, and does not have pressure relief devices, twice at 100 percent of service pressure. In one test, position the center of the container over the center of the fire source. In another test, position one end of the container so that the fire source is centered 0.825 meters (32.5 inches) from one end of the container, measured horizontally along a line parallel to the longitudinal axis of the container. S8.3.3 Number and placement of thermocouples. To monitor flame temperature, place three thermocouples so that they are suspended 25 mm (one inch) below the bottom of the CNG fuel container. Position thermocouples so that they are equally spaced over the length of the fire source or length of the container, whichever is shorter. S8.3.4 Shielding. (a) Use shielding to prevent the flame from directly contacting the CNG fuel container valves, fittings, or pressure relief devices. (b) To provide the shielding, use steel with 0.6 mm (.025 in) minimum nominal thickness. (c) Position the shielding so that it does not directly contact the CNG fuel container valves, fittings, or pressure relief devices. S8.3.5 Fire source. Use a uniform fire source that is 1.65 meters long (65 inches). Beginning five minutes after the fire is ignited, maintain an average flame temperature of not less than 430 [[Page 1138]] degrees Celsius (800 degrees Fahrenheit) as determined by the average of the two thermocouples recording the highest temperatures over a 60 second interval: [GRAPHIC] [TIFF OMITTED] TR30OC00.009 If the pressure relief device releases before the end of the fifth minute after ignition, then the minimum temperature requirement does not apply. S8.3.6 Recording data. Record time, temperature, and pressure readings at 30 second intervals, beginning when the fire is ignited and continuing until the pressure release device releases. S8.3.7 Duration of exposure to fire source. The CNG fuel container is exposed to the fire source for 20 minutes after ignition or until the pressure release device releases, whichever period is shorter. S8.3.8 Number of tests per container. A single CNG fuel container is not subjected to more than one bonfire test. S8.3.9 Wind velocity. The average ambient wind velocity at the CNG fuel container during the period specified in S8.3.6 of this standard is not to exceed 2.24 meters/second (5 mph). S8.3.10 The average wind velocity at the container is any velocity up to and including 2.24 meters/second (5 mph). [59 FR 49021, Sept. 26, 1994; 59 FR 66776, Dec. 28, 1994; 60 FR 37843, July 24, 1995; 60 FR 57948, Nov. 24, 1995; 61 FR 19204, May 1, 1996; 61 FR 47089, Sept. 6, 1996; 63 FR 66765, Dec. 3, 1998; 65 FR 51772, Aug. 25, 2000; 65 FR 64626, Oct. 30, 2000; 87 FR 7964, Feb. 11, 2022] Sec. 571.305 Standard No. 305; Electric-powered vehicles: electrolyte spillage and electrical shock protection. S1. Scope. This standard specifies requirements for limitation of electrolyte spillage and retention of electric energy storage/conversion devices during and after a crash, and protection from harmful electric shock during and after a crash and during normal vehicle operation. S2. Purpose. The purpose of this standard is to reduce deaths and injuries during and after a crash that occur because of electrolyte spillage from electric energy storage devices, intrusion of electric energy storage/conversion devices into the occupant compartment, and electrical shock, and to reduce deaths and injuries during normal vehicle operation that occur because of electric shock or driver error. S3. Application. This standard applies to passenger cars, and to multipurpose passenger vehicles, trucks and buses with a GVWR of 4,536 kg or less, that use electrical propulsion components with working voltages more than 60 volts direct current (VDC) or 30 volts alternating current (VAC), and whose speed attainable over a distance of 1.6 km on a paved level surface is more than 40 km/h. S4. Definitions. Automatic disconnect means a device that when triggered, conductively separates a high voltage source from the electric power train or the rest of the electric power train. Charge connector is a conductive device that, by insertion into a vehicle charge inlet, establishes an electrical connection of the vehicle to the external electric power supply for the purpose of transferring energy and exchanging information. Connector means a device providing mechanical connection and disconnection of high voltage electrical conductors to a suitable mating component, including its housing. Direct contact is the contact of persons with high voltage live parts. Electric energy storage device means a high voltage source that stores energy for vehicle propulsion. This includes, but is not limited to, a high voltage battery or battery pack, rechargeable energy storage device, and capacitor module. Electric energy storage/conversion device means a high voltage source that stores or converts energy for vehicle [[Page 1139]] propulsion. This includes, but is not limited to, a high voltage battery or battery pack, fuel cell stack, rechargeable energy storage device, and capacitor module. Electric energy storage/conversion system means an assembly of electrical components that stores or converts electrical energy for vehicle propulsion. This includes, but is not limited to, high voltage batteries or battery packs, fuel cell stacks, rechargeable energy storage systems, capacitor modules, inverters, interconnects, and venting systems. Electric power train means an assembly of electrically connected components which includes, but is not limited to, electric energy storage/conversion systems and propulsion systems. Electrical chassis means conductive parts of the vehicle whose electrical potential is taken as reference and which are: (1) conductively linked together, and (2) not high voltage sources during normal vehicle operation. Electrical isolation of a high voltage source in the vehicle means the electrical resistance between the high voltage source and any of the vehicle's electrical chassis divided by the working voltage of the high voltage source. Electrical protection barrier is the part providing protection against direct contact with high voltage live parts from any direction of access. Exposed conductive part is the conductive part that can be touched under the provisions of the IPXXB protection degree and that is not normally energized, but that can become electrically energized under isolation fault conditions. This includes parts under a cover, if the cover can be removed without using tools. External electric power supply is a power supply external to the vehicle that provides electric power to charge the electric energy storage device in the vehicle through the charge connector. Fuel cell system is a system containing the fuel cell stack(s), air processing system, fuel flow control system, exhaust system, thermal management system, and water management system. High voltage live part means a live part of a high voltage source. High voltage source means any electric component which is contained in the electric power train or conductively connected to the electric power train and has a working voltage greater than 30 VAC or 60 VDC. Indirect contact is the contact of persons with exposed conductive parts. Live part is a conductive part of the vehicle that is electrically energized under normal vehicle operation. Luggage compartment is the space in the vehicle for luggage accommodation, separated from the passenger compartment by the front or rear bulkhead and bounded by a roof, hood or trunk lid, floor, and side walls, as well as by electrical protection barriers provided for protecting the occupants from direct contact with high voltage live parts. Passenger compartment is the space for occupant accommodation that is bounded by the roof, floor, side walls, doors, outside glazing, front bulkhead and rear bulkhead or rear gate, as well as electrical protection barriers provided for protecting the occupants from direct contact with high voltage live parts. Possible active driving mode is the vehicle mode when application of pressure to the accelerator pedal (or activation of an equivalent control) or release of the brake system causes the electric power train to move the vehicle. Propulsion system means an assembly of electric or electro- mechanical components or circuits that propel the vehicle using the energy that is supplied by a high voltage source. This includes, but is not limited to, electric motors, inverters/converters, and electronic controllers. Protection degree IPXXB is protection from contact with high voltage live parts. It is tested by probing electrical protection barriers with the jointed test finger probe, IPXXB, in Figure 7b. Protection degree IPXXD is protection from contact with high voltage live parts. It is tested by probing electrical protection barriers with the test wire probe, IPXXD, in Figure 7a. Service disconnect is the device for deactivation of an electrical circuit when conducting checks and services of the vehicle electrical propulsion system. [[Page 1140]] VAC means volts of alternating current (AC) expressed using the root mean square value. VDC means volts of direct current (DC). Vehicle charge inlet is the device on the electric vehicle into which the charge connector is inserted for the purpose of transferring energy and exchanging information from an external electric power supply. Working Voltage means the highest root mean square voltage of the voltage source, which may occur across its terminals or between its terminals and any conductive parts in open circuit conditions or under normal operating conditions. S5. General requirements. Each vehicle to which this standard applies, must meet the requirements in S5.1, S5.2, and S5.3 when tested according to S6 under the conditions of S7. S5.1 Electrolyte spillage from propulsion batteries. Not more than 5.0 liters of electrolyte from propulsion batteries shall spill outside the passenger compartment, and no visible trace of electrolyte shall spill into the passenger compartment. Spillage is measured from the time the vehicle ceases motion after a barrier impact test until 30 minutes thereafter, and throughout any static rollover after a barrier impact test. S5.2 Electric energy storage/conversion device retention. During and after each test specified in S6 of this standard: (a) Electric energy storage/conversion devices shall remain attached to the vehicle by at least one component anchorage, bracket, or any structure that transfers loads from the device to the vehicle structure, and (b) Electric energy storage/conversion devices located outside the occupant compartment shall not enter the occupant compartment. S5.3 Electrical safety. After each test specified in S6 of this standard, each high voltage source in a vehicle must meet one of the following requirements: electrical isolation requirements of subparagraph (a), the voltage level requirements of subparagraph (b), or the physical barrier protection requirements of subparagraph (c). (a) The electrical isolation of the high voltage source, determined in accordance with the procedure specified in S7.6, must be greater than or equal to one of the following: (1) 500 ohms/volt for an AC high voltage source; or (2) 100 ohms/volt for an AC high voltage source if it is conductively connected to a DC high voltage source, but only if the AC high voltage source meets the physical barrier protection requirements specified in S5.3(c)(1) and S5.3(c)(2); or (3) 100 ohms/volt for a DC high voltage source. (b) The voltages V1, V2, and Vb of the high voltage source, measured according to the procedure specified in S7.7, must be less than or equal to 30 VAC for AC components or 60 VDC for DC components. (c) Protection against electric shock by direct and indirect contact (physical barrier protection) shall be demonstrated by meeting the following three conditions: (1) The high voltage source (AC or DC) meets the protection degree IPXXB when tested according to the procedure specified in S9.1 using the IPXXB test probe shown in Figures 7a and 7b; (2) The resistance between exposed conductive parts of the electrical protection barrier of the high voltage source and the electrical chassis is less than 0.1 ohms when tested according to the procedures specified in S9.2. In addition, the resistance between an exposed conductive part of the electrical protection barrier of the high voltage source and any other simultaneously reachable exposed conductive parts of electrical protection barriers within 2.5 meters of it must be less than 0.2 ohms when tested using the test procedures specified in S9.2; and (3) The voltage between exposed conductive parts of the electrical protection barrier of the high voltage source and the electrical chassis is less than or equal to 30 VAC or 60 VDC as measured in accordance with S9.3. In addition, the voltage between an exposed conductive part of the electrical protection barrier of the high voltage source and any other simultaneously reachable exposed conductive parts of electrical protection barriers within 2.5 meters of it must be less than or equal [[Page 1141]] to 30 VAC or 60 VDC as measured in accordance with S9.3. S5.4 Electrical safety during normal vehicle operation. S5.4.1 Protection against direct contact. S5.4.1.1 Marking. The symbol shown in Figure 6 shall be present on or near electric energy storage devices. The symbol in Figure 6 shall also be visible on electrical protection barriers which, when removed, expose live parts of high voltage sources. The symbol shall be yellow and the bordering and the arrow shall be black. S5.4.1.1.1 The marking is not required for electrical protection barriers that cannot be physically accessed, opened, or removed without the use of tools. Markings are not required for electrical connectors or the vehicle charge inlet. S5.4.1.2 High voltage cables. Cables for high voltage sources which are not located within electrical protection barriers shall be identified by having an outer covering with the color orange. S5.4.1.3 Service disconnect. For a service disconnect which can be opened, disassembled, or removed without tools, protection degree IPXXB shall be provided when tested under procedures specified in S9.1 using the IPXXB test probe shown in Figures 7a and 7b. S5.4.1.4 Protection degree of high voltage live parts. (a) Protection degree IPXXD shall be provided for high voltage live parts inside the passenger or luggage compartment when tested according to the procedures specified in S9.1 using the IPXXD test probe shown in Figure 7a. (b) Protection degree IPXXB shall be provided for high voltage live parts in areas other than the passenger or luggage compartment when tested according to the procedures specified in S9.1 using the IPXXB test probe shown in Figures 7a and 7b. S5.4.1.5 Connectors. All connectors shall provide direct contact protection by: (a) Meeting the requirements specified in S5.4.1.4 when the connector is connected to its corresponding mating component; and, (b) If a connector can be separated from its mating component without the use of a tool, meeting at least one of the following conditions from (b)(1), (2), or (3) of this section: (1) The connector meets the requirements of S5.4.1.4 when separated from its mating component; (2) The voltage of the live parts becomes less than or equal to 60 VDC or 30 VAC within one second after the connector is separated from its mating component; or, (3) The connector requires at least two distinct actions to separate from its mating component and there are other components that must be removed in order to separate the connector from its mating component and these other components cannot be removed without the use of tools. S5.4.1.6 Vehicle charge inlet. Direct contact protection for a vehicle charge inlet shall be provided by meeting the requirements specified in S5.4.1.4 when the charge connector is connected to the vehicle inlet and by meeting at least one of the requirements of subparagraphs (a) or (b). (a) The vehicle charge inlet meets the requirements of S5.4.1.4 when the charge connector is not connected to it; or (b) The voltage of the high voltage live parts becomes equal to or less than 60 VDC or equal to or less than 30 VAC within 1 second after the charge connector is separated from the vehicle charge inlet. S5.4.2 Protection against indirect contact. S5.4.2.1 The resistance between all exposed conductive parts of electrical protection barriers and the electrical chassis shall be less than 0.1 ohms when tested according to the procedures specified in S9.2. S5.4.2.2 The resistance between any two simultaneously reachable exposed conductive parts of the electrical protection barriers that are less than 2.5 meters from each other shall be less than 0.2 ohms when tested according to the procedures specified in S9.2. S5.4.3 Electrical isolation. S5.4.3.1 Electrical isolation of AC and DC high voltage sources. The electrical isolation of a high voltage source, determined in accordance with the procedure specified in S7.6 must be greater than or equal to one of the following: [[Page 1142]] (a) 500 ohms/volt for an AC high voltage source; (b) 100 ohms/volt for an AC high voltage source if it is conductively connected to a DC high voltage source, but only if the AC high voltage source meets the requirements for protection against direct contact in S5.4.1.4 and the protection from indirect contact in S5.4.2; or (c) 100 ohms/volt for a DC high voltage source. S5.4.3.2 Exclusion of high voltage sources from electrical isolation requirements. A high voltage source that is conductively connected to an electric component which is conductively connected to the electrical chassis and has a working voltage less than or equal to 60 VDC, is not required to meet the electrical isolation requirements in S5.4.3.1 if the voltage between the high voltage source and the electrical chassis is less than or equal to 30 VAC or 60 VDC. S5.4.3.3 Electrical isolation of high voltage sources for charging the electric energy storage device. For the vehicle charge inlet intended to be conductively connected to the AC external electric power supply, the electric isolation between the electrical chassis and the high voltage sources that are conductively connected to the vehicle charge inlet during charging of the electric energy storage device shall be greater than or equal to 500 ohms/volt when the charge connector is disconnected. The electrical isolation is measured at the high voltage live parts of the vehicle charge inlet and determined in accordance with the procedure specified in S7.6. During the measurement, the rechargeable electric energy storage system may be disconnected. S5.4.4 Electrical isolation monitoring. DC high voltage sources of vehicles with a fuel cell system shall be monitored by an electrical isolation monitoring system that displays a warning for loss of isolation when tested according to S8. The system must monitor its own readiness and the warning display must be visible to the driver seated in the driver's designated seating position. S5.4.5 Electric shock protection during charging. For motor vehicles with an electric energy storage device that can be charged through a conductive connection with a grounded external electric power supply, a device to enable conductive connection of the electrical chassis to the earth ground shall be provided. This device shall enable connection to the earth ground before exterior voltage is applied to the vehicle and retain the connection until after the exterior voltage is removed from the vehicle. S5.4.6 Mitigating driver error. S5.4.6.1 Indicator of possible active driving mode. At least a momentary indication shall be given to the driver each time the vehicle is first placed in possible active driving mode after manual activation of the propulsion system. This requirement does not apply under conditions where an internal combustion engine provides directly or indirectly the vehicle's propulsion power when the vehicle is first placed in a possible active driving mode after manual activation of the propulsion system. S5.4.6.2 Indicator of possible active driving mode when leaving the vehicle. When leaving the vehicle, the driver shall be informed by an audible or visual signal if the vehicle is still in the possible active driving mode. S5.4.6.3 Prevent drive-away. If the on-board electric energy storage device can be externally charged, vehicle movement of more than 150 mm by its own propulsion system shall not be possible as long as the charge connector of the external electric power supply is physically connected to the vehicle charge inlet in a manner that would permit charging of the electric energy storage device. S6. Test requirements. Each vehicle to which this standard applies, under the conditions of S7, must be capable of meeting the requirements of any applicable single barrier crash/static rollover test sequence, without alteration of the vehicle during the test sequence. A particular vehicle need not meet further test requirements after having been subjected to a single barrier crash/static rollover test sequence. S6.1 Frontal barrier crash. The vehicle must meet the requirements of S5.1, S5.2 and S5.3 when it is traveling longitudinally forward at any speed, up to [[Page 1143]] and including 48 km/h, and impacts a fixed collision barrier that is perpendicular to the line of travel of the vehicle, or at any angle up to 30 degrees in either direction from the perpendicular to the line of travel of the vehicle. S6.2 Rear moving barrier impact. The vehicle must meet the requirements of S5.1, S5.2, and S5.3 when it is impacted from the rear by a barrier that conforms to S7.3(b) of 571.301 of this chapter and that is moving at any speed up to and including 80 km/h (50 mph) with dummies in accordance with S6.2 of 571.301 of this chapter. S6.3 Side moving deformable barrier impact. The vehicle must meet the requirements of S5.1, S5.2 and S5.3 when it is impacted from the side by a barrier that conforms to part 587 of this chapter that is moving at any speed up to and including 54 km/h, with the appropriate 49 CFR part 572 test dummies specified in 571.214 of this chapter. S6.4 Post-impact test static rollover. The vehicle must meet the requirements of S5.1, S5.2, and S5.3, after being rotated on its longitudinal axis to each successive increment of 90 degrees after each impact test specified in S6.1, S6.2, and S6.3. S7. Test conditions. When the vehicle is tested according to S6, the requirements of S5.1 through S5.3 must be met under the conditions specified in S7.1 through S7.7. All measurements for calculating voltage(s) and electrical isolation are made after a minimum of 5 seconds after the vehicle comes to rest in tests specified in S6. Where a range is specified, the vehicle must be capable of meeting the requirements at all points within the range. S7.1 Electric energy storage device state-of-charge. The electric energy storage device shall be at the state-of-charge specified in either subparagraph (a), (b), or (c): (a) At the maximum state-of-charge in accordance with the vehicle manufacturer's recommended charging procedures, as stated in the vehicle owner's manual or on a label that is permanently affixed to the vehicle; or (b) If the manufacturer has made no recommendation for charging procedures in the owner's manual or on a label permanently affixed to the vehicle, at a state-of-charge of not less than 95 percent of the maximum capacity of the electric energy storage device; or (c) If the electric energy storage device(s) is/are rechargeable only by an energy source on the vehicle, at any state-of-charge within the normal operating voltage defined by the vehicle manufacturer. S7.2 Vehicle conditions. The switch or device that provides power from the electric energy storage/conversion system to the propulsion system is in the activated position or the ready-to-drive position. S7.2.1 The parking brake is disengaged and the transmission, if any, is in the neutral position. In a test conducted under S6.3, the parking brake is set. S7.2.2 Tires are inflated to the manufacturer's specifications. S7.2.3 The vehicle, including test devices and instrumentation, is loaded as follows: (a) A passenger car is loaded to its unloaded vehicle weight plus its rated cargo and luggage capacity weight, secured in the luggage area, plus the necessary test dummies as specified in S6, restrained only by means that are installed in the vehicle for protection at its seating position. (b) A multipurpose passenger vehicle, truck, or bus with a GVWR of 4536 kg or less is loaded to its unloaded vehicle weight plus the necessary dummies, as specified in S6, plus 136 kg or its rated cargo and luggage capacity weight, whichever is less. Each dummy is restrained only by means that are installed in the vehicle for protection at its seating position. S7.3 Static rollover test conditions. In addition to the conditions of S7.1 and S7.2, the conditions of S7.4 of Sec. 571.301 of this chapter apply to the conduct of static rollover tests specified in S6.4. S7.4 Rear moving barrier impact test conditions. In addition to the conditions of S7.1 and S7.2, the conditions of S7.3(b) and S7.6 of 571.301 of this chapter apply to the conducting of the rear moving deformable barrier impact test specified in S6.2. S7.5 Side moving deformable barrier impact test conditions. In addition to the [[Page 1144]] conditions of S7.1 and S7.2, the conditions of S8.9, S8.10, and S8.11 of 571.214 of this chapter apply to the conduct of the side moving deformable barrier impact test specified in S6.3. S7.6 Electrical isolation test procedure. In addition to the conditions of S7.1 and S7.2, the conditions in S7.6.1 through S7.6.7 apply to the measuring of electrical isolation specified in S5.3(a). S7.6.1 Prior to any barrier impact test, the energy storage/ conversion system is connected to the vehicle's propulsion system, and the vehicle ignition is in the ``on'' (propulsion system energized) position. Bypass any devices or systems that do not allow the propulsion system to be energized at the time of impact when the vehicle ignition is on and the vehicle is in neutral. For a high voltage source that has an automatic disconnect that is physically contained within itself, the electrical isolation measurement after the test is made from the side of the automatic disconnect connected to the electric power train or to the rest of the electric power train if the high voltage source is a component contained in the power train. For a high voltage source that has an automatic disconnect that is not physically contained within itself, the electrical isolation measurement after the test is made from both the high voltage source side of the automatic disconnect and from the side of the automatic disconnect connected to the electric power train or to the rest of the electric power train if the high voltage source is a component contained in the power train. S7.6.2 The voltmeter used in this test has an internal resistance of at least 10 M[Omega]. S7.6.3 The voltage(s) is/are measured as shown in Figure 1 and the high voltage source voltage(s) (Vb) is/are recorded. Before any vehicle impact test, Vb is equal to or greater than the nominal operating voltage as specified by the vehicle manufacturer. S7.6.4 The voltage V1 between the negative side of the high voltage source and the electrical chassis is measured as shown in Figure 2. S7.6.5 The voltage V2 between the positive side of the high voltage source and the electrical chassis is measured as shown in Figure 3. S7.6.6 If V1 is greater than or equal to V2, insert a known resistance (Ro) between the negative side of the high voltage source and the electrical chassis. With the Ro installed, measure the voltage (V1[min]) as shown in Figure 4 between the negative side of the high voltage source and the electrical chassis. Calculate the electrical isolation resistance (Ri) according to the formula shown. Divide Ri (in ohms) by the working voltage of the high voltage source (in volts) to obtain the electrical isolation (in ohms/volt). S7.6.7 If V2 is greater than V1, insert a known resistance (Ro) between the positive side of the high voltage source and the electrical chassis. With the Ro installed, measure the voltage (V2[min]) as shown in Figure 5 between the positive side of the high voltage source and the electrical chassis. Calculate the electrical isolation resistance (Ri) according to the formula shown. Divide Ri (in ohms) by the working voltage of the high voltage source (in volts) to obtain the electrical isolation (in ohms/volt). S7.7 Voltage measurement. For the purpose of determining the voltage level of the high voltage source specified in S5.3(b), voltage is measured as shown in Figure 1. Voltage Vb is measured across the two terminals of the voltage source. Voltages V1 and V2 are measured between the source and the electrical chassis. For a high voltage source that has an automatic disconnect that is physically contained within itself, the voltage measurement after the test is made from the side of the automatic disconnect connected to the electric power train or to the rest of the electric power train if the high voltage source is a component contained in the power train. For a high voltage source that has an automatic disconnect that is not physically contained within itself, the voltage measurement after the test is made from both the high voltage source side of the automatic disconnect and from the side of the automatic disconnect connected to the electric power train or to the rest of the electric power train if the high voltage source is a component contained in the power train. [[Page 1145]] S8. Test procedure for on-board electrical isolation monitoring system. Prior to any impact test, the requirements of S5.4.4 for the on- board electrical isolation monitoring system shall be tested using the following procedure. (1) The electric energy storage device is at the state-of-charge specified in S7.1. (2) The switch or device that provides power from the electric energy storage/conversion system to the propulsion system is in the activated position or the ready-to-drive position. (3) Determine the isolation resistance, Ri, of the high voltage source with the electrical isolation monitoring system using the procedure outlined in S7.6.2 through S7.6.7. (4) Insert a resistor with resistance Ro equal to or greater than 1/ (1/(95 times the working voltage of the high voltage source)-1/Ri) and less than 1/(1/(100 times the working voltage of the high voltage source)-1/Ri) between the positive terminal of the high voltage source and the electrical chassis. (5) The electrical isolation monitoring system indicator shall display a warning visible to the driver seated in the driver's designated seating position. S9 Test methods for physical barrier protection from electric shock due to direct and indirect contact with high voltage sources. S9.1 Test method to evaluate protection from direct contact with high voltage sources. (a) Any parts surrounding the high voltage components are opened, disassembled, or removed without the use of tools. (b) The selected access probe is inserted into any gaps or openings of the electrical protection barrier with a test force of 10 N 1 N with the IPXXB probe or 1 to 2 N with the IPXXD probe. If the probe partly or fully penetrates into the electrical protection barrier, it is placed in every possible position to evaluate contact with high voltage live parts. If partial or full penetration into the electrical protection barrier occurs with the IPXXB probe, the IPXXB probe shall be placed as follows: starting from the straight position, both joints of the test finger are rotated progressively through an angle of up to 90 degrees with respect to the axis of the adjoining section of the test finger and are placed in every possible position. (c) A low voltage supply (of not less than 40 V and not more than 50 V) in series with a suitable lamp may be connected between the access probe and any high voltage live parts inside the electrical protection barrier to indicate whether high voltage live parts were contacted. (d) A mirror or fiberscope may be used to inspect whether the access probe touches high voltage live parts inside the electrical protection barrier. (e) Protection degree IPXXD or IPXXB is verified when the following conditions are met: (i) The access probe does not touch high voltage live parts. The IPXXB access probe may be manipulated as specified in S9.1(b) for evaluating contact with high voltage live parts. The methods specified in S9.1(c) or S9.1(d) may be used to aid the evaluation. If method S9.1(c) is used for verifying protection degree IPXXB or IPXXD, the lamp shall not light up. (ii) The stop face of the access probe does not fully penetrate into the electrical protection barrier. S9.2 Test method to evaluate protection against indirect contact with high voltage sources. At the option of the manufacturer, protection against indirect contact with high voltage sources shall be determined using the test method in subparagraph (a) or subparagraph (b). (a) Test method using a resistance tester. The resistance tester is connected to the measuring points (the electrical chassis and any exposed conductive part of electrical protection barriers or any two simultaneously reachable exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other), and the resistance is measured using a resistance tester that can supply current levels of at least 0.2 Amperes with a resolution of 0.01 ohms or less. The resistance between two exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other may be calculated [[Page 1146]] using the separately measured resistances of the relevant parts of the electric path. (b) Test method using a DC power supply, voltmeter and ammeter. (1) Connect the DC power supply, voltmeter and ammeter to the measuring points (the electrical chassis and any exposed conductive part or any two simultaneously reachable exposed conductive parts that are less than 2.5 meters from each other) as shown in Figure 8. (2) Adjust the voltage of the DC power supply so that the current flow becomes more than 0.2 Amperes. (3) Measure the current I and the voltage V shown in Figure 8. (4) Calculate the resistance R according to the formula, R=V/I. (5) The resistance between two simultaneously reachable exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other may be calculated using the separately measured resistances of the relevant parts of the electric path. S9.3 Test method to determine voltage between exposed conductive parts of electrical protection barriers and the electrical chassis and between exposed conductive parts of electrical protection barriers. (a) Connect the voltmeter to the measuring points (exposed conductive part of an electrical protection barrier and the electrical chassis or any two simultaneously reachable exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other). (b) Measure the voltage. (c) The voltage between two simultaneously reachable exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other may be calculated using the separately measured voltages between the relevant electrical protection barriers and the electrical chassis. [GRAPHIC] [TIFF OMITTED] TR29JY11.008 [[Page 1147]] [GRAPHIC] [TIFF OMITTED] TR29JY11.009 [[Page 1148]] [GRAPHIC] [TIFF OMITTED] TR29JY11.010 [[Page 1149]] [GRAPHIC] [TIFF OMITTED] TR29JY11.011 [GRAPHIC] [TIFF OMITTED] TR29JY11.012 [[Page 1150]] [GRAPHIC] [TIFF OMITTED] TR27SE17.006 [GRAPHIC] [TIFF OMITTED] TR27SE17.007 [[Page 1151]] [GRAPHIC] [TIFF OMITTED] TR27SE17.008 [[Page 1152]] [GRAPHIC] [TIFF OMITTED] TR27SE17.009 [65 FR 57988, Sept. 27, 2000, as amended at 66 FR 60160, Dec. 3, 2001; 69 FR 51399, Aug. 19, 2004; 72 FR 51972, Sept. 11, 2007; 75 FR 12141, Mar. 15, 2010; 75 FR 33527, June 14, 2010; 76 FR 45448, July 29, 2011; 80 FR 2325, Jan. 16, 2015; 82 FR 44960, Sept. 27, 2017; 84 FR 44257, Aug. 23, 2019] Sec. 571.401 Standard No. 401; Interior trunk release. S1. Purpose and scope. This standard establishes the requirement for providing a trunk release mechanism that makes it possible for a person trapped inside the trunk compartment of a passenger car to escape from the compartment. S2. Application. This standard applies to passenger cars that have a trunk compartment. This standard does not apply to passenger cars with a back door. S3. Definitions. Back door means a door or door system on the back end of a passenger car through which cargo can be loaded or unloaded. The term includes the hinged back door on a hatchback or a station wagon. Trunk compartment. (a) Means a space that: (1) Is intended to be used for carrying luggage or cargo, (2) Is wholly separated from the occupant compartment of a passenger car by a permanently attached partition or by a fixed or fold-down seat back and/or partition, (3) Has a trunk lid, and (4) Is large enough so that the three-year-old child dummy described in Subpart C of Part 572 can be placed inside the trunk compartment, and the trunk lid can be closed and latched with all removable equipment furnished by the passenger car manufacturer stowed in accordance with label(s) on the passenger car or information in the passenger car owner's manual, or, if no information is provided, as located when the passenger car is delivered. (Note: For purposes of this standard, the Part 572 Subpart C test dummy need not be equipped with the accelerometers specified in Sec. 572.21.) (b) Does not include a sub-compartment within the trunk compartment. Trunk lid means a moveable body panel that is not designed or intended as a passenger car entry point for passengers and that provides access from outside a passenger car to a trunk compartment. The term does not include a back door or the lid of a storage compartment located inside the passenger compartment of a passenger car. S4. Requirements. S4.1 Each passenger car with a trunk compartment must have an automatic or manual release mechanism inside the trunk compartment that unlatches the trunk lid. Each trunk release shall conform, at the manufacturer's option, to either S4.2(a) and S4.3, or S4.2(b) and S4.3. The manufacturer shall select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle. S4.2(a) Each manual release mechanism installed pursuant to S4.1 of this standard must include a feature, like lighting or phosphorescence, that allows the release mechanism to be easily seen inside the closed trunk compartment. (b) Each automatic release mechanism installed pursuant to S4.1 of this section must unlatch the trunk lid [[Page 1153]] within 5 minutes of when the trunk lid is closed with a person inside the trunk compartment. S4.3(a) Except as provided in paragraph S4.3(b), actuation of the release mechanism required by S4.1 of this standard must completely release the trunk lid from all latching positions of the trunk lid latch. (b)(1) For passenger cars with a front trunk compartment that has a front opening trunk lid required to have a secondary latching position or latch system, actuation of the release mechanism required by paragraph S4.1 of this standard must result in the following: (i) When the passenger car is stationary, the release mechanism must release the trunk lid from all latching positions or latch systems; (ii) When the passenger car is moving forward at a speed less than 5 km/h, the release mechanism must release the trunk lid from the primary latching position or latch system, and may release the trunk lid from all latching positions or latch systems; (iii) When the passenger car is moving forward at a speed of 5 km/h or greater, the release mechanism must release the trunk lid from the primary latching position or latch system, but must not release the trunk lid from the secondary latching position or latch system. (2) The passenger cars described in paragraph S4.3(b)(1) are excluded from the requirements of this standard until September 1, 2002. [66 FR 43121, Aug. 17, 2001, as amended at 67 FR 19523, Apr. 22, 2002] Sec. 571.403 Standard No. 403; Platform lift systems for motor vehicles. S1. Scope. This standard specifies requirements for platform lifts used to assist persons with limited mobility in entering or leaving a vehicle. S2. Purpose. The purpose of this standard is to prevent injuries and fatalities to passengers and bystanders during the operation of platform lifts installed in motor vehicles. S3 Application. This standard applies to platform lifts manufactured on and after April 1, 2005, that are designed to carry standing passengers, who may be aided by canes or walkers, as well as persons seated in wheelchairs, scooters, and other mobility aids, into and out of motor vehicles. S4. Definitions. Bridging device means that portion of a platform lift that provides a transitional surface between the platform surface and the surface of the vehicle floor within the platform threshold area. Cycle means deploying a platform lift from a stowed position, lowering the lift to the ground level loading position, raising the lift to the vehicle floor loading position, and stowing the lift. The term includes operation of any wheelchair retention device, bridging device, and inner roll stop. Deploy means with respect to a platform, its movement from a stowed position to an extended position or, one of the two loading positions. With respect to a wheelchair retention device or inner roll stop, the term means the movement of the device or stop to a fully functional position intended to prevent a passenger from disembarking the platform or being pinched between the platform and vehicle. Floor reference plane means the plane perpendicular to the longitudinal vehicle reference plane for platform lifts that deploy from the side of the vehicle or perpendicular to the transverse vehicle reference plane for platform lifts that deploy from the rear of the vehicle, and tangent to the outermost edge of the vehicle floor surface adjacent to the lift platform. (See figure 1.) Gap means a discontinuity in a plane surface, or between two adjacent surfaces. Inner roll-stop means a device that is located at the edge of the platform that a passenger or mobility aid must traverse when entering and exiting the platform from the vehicle floor loading position and that is designed to retain mobility aids on the platform surface during the range of passenger operation. Lift reference plane means the plane that is defined by two orthogonal axes passing through the geometric center of the platform surface of a platform lift. One axis is perpendicular to the platform reference plane and the other [[Page 1154]] is parallel to the direction of wheelchair travel during loading of the lift. (See figure 1.) Loading position means, with respect to a platform lift, a position at which a passenger can either embark or disembark the lift. The two loading positions are at vehicle floor and ground level. Longitudinal vehicle reference plane means the plane that is perpendicular to the floor reference plane and contains the longitudinal axis of the vehicle when the vehicle body is level and moves along with the vehicle body in response to the loading of the vehicle suspension. (See figure 1.) Outer barrier is a particular wheelchair retention device that is located on the edge of the platform, is traversed during ground level loading and unloading, and is designed to retain wheelchairs on the platform surface during the range of passenger operation. Platform means that portion of a platform lift on which the mobility aid or passenger rests while being raised or lowered. Platform lift means a level change device, including any integration of existing vehicle components, and excluding a ramp, used to assist persons with limited mobility in entering or leaving a vehicle. Platform reference plane means a plane tangent to the platform surface at its geometric center. (See figure 1.) Platform surface means the passenger-carrying surface of the lift platform. Platform threshold area means the rectangular area of the vehicle floor defined by moving a line that lies on the portion of the edge of the vehicle floor directly adjacent to the platform, through a distance of 457 mm (18 inches) across the vehicle floor in a direction perpendicular to the edge. Any portion of a bridging device that lies on this area must be considered part of that area. Private use lift means a platform lift certified to the requirements for private use lifts and requirements in this standard for all lifts. Public use lift means a platform lift certified to the requirements for public use lifts and requirements in this standard for all lifts. Range of passenger operation means the portion of the lift cycle during which the platform is at or between the vehicle floor and ground level loading positions excluding any stow and deploy operations. Standard test load means a static load or mass centered on the test pallet such that the total combined mass for public-use lifts shall be 272 kg (600 lb), and the total combined mass for private-use lifts shall be the lift manufacturer's stated rated load or 181 kg (400 lb), whichever is greater. Stow means with respect to a platform, its movement from a position within the range of passenger operation to the position maintained during normal vehicle travel; and, with respect to a wheelchair retention device, bridging device, or inner-roll stop, its movement from a fully functional position to a position maintained during normal vehicle travel. Test pallet means a platform on which required test loads are placed for handling and moving. Transverse vehicle reference plane means the plane that is perpendicular to the floor reference plane and contains the transverse axis of the vehicle when the vehicle body is level and that moves along with the vehicle body in response to the loading of the vehicle suspension. (See figure 1.) Wheelchair retention device means a device designed to prevent wheelchairs from leaving the edge of the platform used for ground level loading and unloading during the range of passenger operation. S5. [Reserved] S6. Requirements. (a) Each platform lift must comply with the requirements for private use lifts or public use lifts and with the requirements for all lifts. (b) Each public use lift must (1) Comply with the requirements for public use lifts and with the requirements for all lifts. (2) Bear a label with the words ``DOT--Public Use Lift'' as certification of compliance with the requirements specified in paragraph S6(b)(1). (c) Each private use lift must (1) Comply with the requirements for private use lifts and with the requirements for all lifts. [[Page 1155]] (2) Bear a label with the words ``DOT--Private Use Lift'' as certification of compliance with the requirements specified in S6(c)(1). (d) Platform lifts suitable for installation on buses, school buses, and MPVs other than motor homes with a GVWR greater than 4,536 kg (10,000 lb.), except motor homes, must be certified by the manufacturer as meeting the requirements for public use lifts. For platform lifts suitable for installation on all other vehicles, the manufacturer may select the option of certifying compliance with either the public use lift requirements or the private use lift requirements of this standard at the time it certifies the vehicle and may not thereafter select a different option for the vehicle. (e) For all lifts, where a range of values is specified, the equipment must meet the requirements at all points within the range. (f) The test procedures in S7 are used to determine compliance with all requirements, except S6.6, S6.7.5, S6.12 and S6.13. S6.1 Threshold warning signal. S6.1.1 Except when the platform lift is operated manually in backup mode as required by S6.9, the lift must meet the requirements of S6.1.2 and S6.1.3. The lift is tested in accordance with S7.4 to determine compliance with this section. S6.1.2. Private-use lifts: Except for platform lifts where platform loading takes place wholly over the vehicle floor, a visual or audible warning must activate if the platform is more than 25 mm (1 inch) below the platform threshold area and portions of a passenger's body or mobility aid is on the platform threshold area defined in S4 when tested in accordance with S7.4. S6.1.3 Public-use lifts: A visual and audible warning must activate if the platform is more than 25 mm (1 inch) below the platform threshold area and portions of a passenger's body or mobility aid is on the platform threshold area defined in S4 when tested in accordance with S7.4. S6.1.4 The visual warning required by S6.1.2 and S6.1.3 must be a flashing red beacon as defined in SAE Recommended Practice J578 (1995) (incorporated by reference, see Sec. 571.5), must have a minimum intensity of 20 candela, a frequency from 1 to 2 Hz, and must be located within the interior of the vehicle such that it is visible from a point 914 mm (3 ft) above the center of the threshold area (see Figure 2) wherever the lift is installed and with any configuration of the vehicle interior. S6.1.5 The audible warning required by S6.1.2 and S6.1.3 must be a minimum of 85 dBA between 500 and 3000 Hz. S6.1.6 The intensity of the audible warning and visibility of the visual warning required by S6.1.2 and S6.1.3 is measured/observed at a location 914 mm (3 ft) above the center of the platform threshold area. (See Figure 2). S6.2 Platform lift operational requirements. S6.2.1 General. Throughout the range of passenger operation and during the lift operations specified in S7.9.3 through S7.9.8, the platform lift must meet the requirements of S6.2.2 through S6.2.4. These requirements must be satisfied both with and without a standard load on the lift platform, except for S6.2.2.2, which must be satisfied without any load. S6.2.2 Maximum platform velocity. S6.2.2.1 Throughout the range of passenger operation specified in S7.9.4 through S7.9.7, both the vertical and horizontal velocity of the platform must be less than or equal to 152 mm (6 inches) per second when measured at the geometric center of the platform when the platform is unloaded and at the geometric center of the top, horizontal surface of the standard load specified in S7.1.1 when the platform is loaded. S6.2.2.2 Except for platform lifts that manually stow (fold) and deploy (unfold), during the stow and deploy operations specified in S7.9.3 through S7.9.8, both the vertical and horizontal velocity of any portion of the platform must be less than or equal to 305 mm (12 inches) per second. S6.2.3 Maximum platform acceleration. Throughout the range of passenger operation specified in S7.9.4 through S7.9.7, both the horizontal and vertical acceleration of the platform must be less than or equal to 0.3 g after the accelerometer output is filtered with a channel frequency class (CFC) 3 filter. [[Page 1156]] The filter must meet the requirements of SAE Recommended Practice J211/1 MAR95 (incorporated by reference, see Sec. 571.5), with FH = 3 Hz and FN = 5 Hz. The accelerometer is located at the geometric center of the platform and is mounted directly on the platform when it is unloaded and on the geometric center of the top, horizontal surface of the standard load specified in S7.1.1 when the platform is loaded. S6.2.4 Maximum noise level of public use lifts. Except as provided in S6.1.5, throughout the range of passenger operation specified in S7.9.4 through S7.9.7, the noise level of a public use lift may not exceed 80 dBa as measured at any lift operator's position designated by the platform lift manufacturer for the intended vehicle and in the area on the lift defined in S6.4.2.1. Lift operator position measurements are taken at the vertical centerline of the control panel 30.5 cm (12 in) out from the face of the control panel. In the case of a lift with a pendant control (i.e., a control tethered to the vehicle by connective wiring), measurement is taken at the vertical centerline of the control panel 30.5 cm (12 in) out from the face of the control panel while the control panel is in its stowed or stored position. For the lift operator positions outside of the vehicle, measurements are taken at the intersection of a horizontal plane 157 cm (62 in) above the ground and the vertical centerline of the face of the control panel after it has been extended 30.5 cm (12 in) out from the face of the control panel. S6.3 Environmental resistance. S6.3.1 Internally mounted platform lifts. On platform lifts and their components internal to the occupant compartment of the vehicle or internal to other compartments that provide protection from the elements when stowed, attachment hardware must be free of ferrous corrosion on significant surfaces except for permissible ferrous corrosion, as defined in Sec. 571.209, at peripheral surface edges or edges of holes on under-floor reinforcing plates and washers after being subjected to the conditions specified in S7.3. Alternatively, such hardware must be made from corrosion-resistant steel containing at least 11.5 percent chromium per Sec. 571.209, S5.2(a) or must be protected against corrosion by an electrodeposited coating of nickel, or copper and nickel with at least a service condition number of SC2, and other attachment hardware must be protected by an electrodeposited coating of nickel, or copper and nickel with a service condition number of SC1, in accordance with ASTM B456-95 (incorporated by reference, see Sec. 571.5), but such hardware may not be racked for electroplating in locations subjected to maximum stress. The manufacturer shall select the option by the time it certifies the lift and may not thereafter select a different option for the lift. The lift must be accompanied by all attachment hardware necessary for its installation on a vehicle. S6.3.2 Externally mounted platform lifts. On platform lifts and their components external to the occupant compartment of the vehicle and external to other compartments that provide protection from the elements when stowed, the lift and its components must be free of ferrous corrosion on significant surfaces except for permissible ferrous corrosion, as defined in FMVSS No. 209, at peripheral surface edges and edges of holes and continue to function properly after being subjected to the conditions specified in S7.3. Alternatively, such lifts and all associated hardware and components must be completely made from corrosion-resistant steel containing at least 11.5 percent chromium per FMVSS 571.209, S5.2(a). The manufacturer shall select the option by the time it certifies the lift and may not thereafter select a different option for the lift. The lift must be accompanied by all attachment hardware necessary for its installation on a vehicle. S6.4 Platform requirements. S6.4.1 General. Throughout the range of passenger operations and during the platform lift operations specified in S7.9.4 through S7.9.7, the platform lift must meet the requirements of S6.4.2 through S6.4.12. The requirements of S6.4.2 through S6.4.6, S6.4.7.4, S6.4.9.4, S6.4.9.5, S6.4.9.6, and S6.4.9.8 must be satisfied both with and without a standard load on the lift platform S6.4.2 Unobstructed platform operating volume. [[Page 1157]] S6.4.2.1 Public use lifts. For public use lifts, the minimum platform operating volume is the sum of an upper part and a lower part (see Figure 3). The lower part is a rectangular solid whose base is 725 mm (28.5 in) wide by the length of the platform surface, whose height is 50 mm (2 in), and which is resting on the platform surface with each side of the base parallel with the nearest side of the platform surface. The width is perpendicular to the lift reference plane and the length is parallel to the lift reference plane (See Figure 1). The upper part is a rectangular solid whose base is 760 mm (30 in) by 1,220 mm (48 in) long, whose height is 711 mm (28 in), and whose base is tangent to the top surface of the lower rectangular solid (see Figure 3). The centroids of both the upper and lower parts coincide with the vertical centroidal axis of the platform reference plane (see Figure 1). S6.4.2.2 Private use lifts. For private use lifts, the platform operating volume is as specified by the lift manufacturer and identified in the lift insert to the vehicle owner's manual. S6.4.3 Platform surface protrusions. S6.4.3.1 Public use lifts. For public use lifts, except as required for deployment of the wheelchair retention device and inner roll stop, throughout the range of passenger operation, the platform surface may not have protrusions which rise more than 6.5 mm (0.25 in) above the platform surface, measured perpendicular to the platform surface by a device with its base centered between 50-100 mm (2-4 in) from the protrusion. Any cross-sectional dimension of the base of the protrusion measurement device must be greater than or equal to 25mm (1 in) and less than or equal to 50 mm (2 in). S6.4.3.2 Private use lifts. For private use lifts, except as required for deployment of the wheelchair retention device and inner roll stop, the platform surface may not have protrusions which rise more than 13 mm (0.5 in) above the platform surface, measured perpendicular to the platform surface by a device with its base centered between 50- 100 mm (2-4 in) from the protrusion. All portions of the sides of a protrusion that are between 6.5 mm (0.25 in) and 13 mm (0.5 in) above the platform must have a slope not greater than 1:2, measured with respect to the platform surface at the location of the protrusion. Any cross-sectional dimension of the base of the protrusion measurement device must be greater than or equal to 25mm (1 in) and less than or equal to 50 mm (2 in). S6.4.4 Gaps, transitions and openings. S6.4.4.1 When the platform lift is at the ground level loading position, any vertical surface transition measured perpendicular to the ground over which a passenger may traverse to enter or exit the platform, may not be greater than 6.5 mm (0.25 in). When the lift is at the vehicle level loading position, any vertical surface transition measured perpendicular to the platform threshold area over which a passenger may traverse to enter or exit the platform, may not be greater than 6.5 mm (0.25 in). S6.4.4.2 When the platform lift is at the ground or vehicle level loading position, the slope of any surface over which a passenger may traverse to enter or exit the platform must have a rise to run not greater than 1:2 on the portion of the rise between 6.5 mm (0.25 in) and 13 mm (0.5 in), and 1:8 on the portion of the rise between 13 mm (0.5 in) and 75 mm (3 in). The rise of any sloped surface may not be greater than 75 mm (3 inches). When the lift is at the ground level loading position, measurements are made perpendicular to the ground. When the lift is at the vehicle level loading position, measurements are made perpendicular to the platform threshold area. S6.4.4.3 When the inner roll stop or any outer barrier is deployed, any gap between the inner roll stop and lift platform and any gap between the outer barrier and lift platform must prevent passage of the clearance test block specified in S7.1.3 when its long axis is held perpendicular to the platform reference plane. S6.4.4.4 When the platform is at the vehicle floor or ground level loading position, any horizontal gap over which a passenger may traverse to enter or exit the platform must prevent passage of a 13 mm (0.5 inch) diameter sphere. S6.4.4.5 Any opening in that portion of the platform surface that coincides [[Page 1158]] with the unobstructed platform operating volume described in S6.4.2 must prevent passage of a 19 mm (0.75 inch) diameter sphere. S6.4.4.6 Any gap between the platform sides and edge guards which move with the platform must prevent passage of a 13 mm (0.5 inch) diameter sphere. Where structures fixed to the vehicle are used as edge guards, the horizontal gap between the platform side and vehicle structure must prevent passage of a 6.5 mm (0.25 inch) diameter sphere. S6.4.5 Platform deflection. The angle of the deployed platform, when stationary, and loaded with a standard load, must not exceed 4.8 degrees with respect to the vehicle floor and must not exceed 3 degrees with respect to the platform's unloaded position. The angles are measured between a vertical axis from the vehicle floor and an axis normal to the platform center as shown in Figure 1. S6.4.6 Edge guards. S6.4.6.1 The platform lift must have edge guards that extend continuously along each side of the lift platform to within 75 mm (3 inches) of the edges of the platform that are traversed while entering and exiting the platform at both the ground and vehicle floor level loading positions. The edge guards must be parallel to the direction of wheelchair movement during loading and unloading. Alternatively, when tested in accordance with S7.7.4, all portions of the wheels of the wheelchair test device must remain above the platform surface and after the control is released to Neutral, at the end of each attempt to steer the test device off the platform, all wheels of the wheelchair test device must be in contact with the platform surface. The manufacturer shall select the option by the time it certifies the lift and may not thereafter select a different option for the lift. S6.4.6.2 Edge guards that move with the platform must have vertical sides facing the platform surface and a minimum height of 38 mm (1.5 inches), measured vertically from the platform surface. S6.4.6.3 Except whenever any part of the platform surface is below a horizontal plane 75 mm (3 inches) above the ground, edge guards must be deployed throughout the range of passenger operation. S6.4.7 Wheelchair retention. S6.4.7.1 Impact I. Except for platform lifts designed so that platform loading takes place wholly over the vehicle floor, the lift must have a means of retaining the test device specified in S7.1.2. After impact, the test device must remain supported by the platform surface with none of the axles of its wheels extending beyond a plane that is perpendicular to the platform reference plane (Figure 1) and that is tangent to the edge of the platform that is traversed when entering or exiting the platform from the ground level loading position throughout its range of passenger operation, except as provided in S6.4.7.4. The lift is tested in accordance with S7.7 to determine compliance with this section. S6.4.7.2 Impact II. For platform lifts designed so that platform loading takes place wholly over the vehicle floor, the lift must have a means of retaining the test device specified in S7.1.2. After impact, the test device must remain upright with all of its wheels on the platform surface, throughout the range of passenger operation, except as provided in S6.4.7.4. The lift is tested in accordance with S7.7 to determine compliance with this section. S6.4.7.3 Overload. The deployed wheelchair retention device(s) must be capable of sustaining 7,117 N (1,600 lb force) when tested in accordance with S7.13. No separation, fracture, or breakage of the wheelchair retention device may occur as a result of conducting the test in S7.13. S6.4.7.4 Deployment. Except whenever any part of the platform surface is below a horizontal plane 75 mm (3 in) above the ground, the wheelchair retention device(s) must be deployed throughout the range of passenger operation. S6.4.8 Inner roll stop. S6.4.8.1 Public use lifts. Public use lifts must have an inner roll stop that meets the requirements of S6.4.8.3. S6.4.8.2 Private use lifts. Private use lifts must: (a) Have an inner roll stop that meets the requirements of S6.4.8.3; or [[Page 1159]] (b) Have operating instructions near the lift controls and in the vehicle owner's manual, as specified in S6.7.8 and S6.12.4.3, that contain a warning that wheelchairs should back onto the platform when entering from the ground. S6.4.8.3 Requirements. When tested in accordance with S7.8, platform lifts must have an inner roll stop that provides a means that prevents: (a) The front wheels of the test device specified in S7.1.2 from extending beyond a plane that is perpendicular to the platform reference plane (Figure 1) and that is tangent to the edge of the platform where the roll stop is located when the lift is at ground level loading position; and (b) Any portion of the test device specified in S7.1.2 from being contacted simultaneously with a portion of the lift platform and any other structure, throughout the lift's range of passenger operation. S6.4.9 Handrails. S6.4.9.1 Public use lifts: Public use lifts must have a handrail located on each side of the lift that meets the requirements of S6.4.9.3 through S6.4.9.9. S6.4.9.2 Private use lifts: Private use lifts are not required to be equipped with handrails. Private use lifts that are equipped with handrails must meet the requirement of S6.4.9.3 through S6.4.9.9. S6.4.9.3 The graspable portion of each handrail may not be less than 760 mm (30 inches) and more than 965 mm (38 inches) above the platform surface, measured vertically. S6.4.9.4 The cross section of the graspable portion of each handrail may not be less than 31.5 mm (1.25 inches) and more than 38 mm (1.5 inches) in diameter or width, and may not have less than a 3.2 mm (0.125 inch) radii on any corner. S6.4.9.5 The vertical projection of the graspable portion of each handrail must intersect two planes that are perpendicular to the platform reference plane and to the direction of travel of a wheelchair on the lift when entering or exiting the platform, and are 203 mm (8 inches) apart. S6.4.9.6 The handrails must move such that the position of the handrails relative to the platform surface does not change. S6.4.9.7 When tested in accordance with S7.12.1, each handrail must withstand 445 N (100 pounds force) applied at any point and in any direction on the handrail without more than 25 mm (1 inch) of displacement relative to the platform surface. After removal of the load, the handrail must exhibit no permanent deformation. S6.4.9.8 When tested in accordance with S7.12.1, there must be at least 38 mm (1.5 inches) of clearance between each handrail and any portion of the vehicle, throughout the range of passenger operation. S6.4.9.9 When tested in accordance with S7.12.2, each handrail must withstand 1,112 N (250 lb/f) applied at any point and in any direction on the handrail without sustaining any failure, such as cracking, separation, fracture, or more than 100 mm (4 inches) of displacement of any point on the handrails relative to the platform surface. S6.4.10 Platform markings on public use lifts. Throughout the range of passenger operation, all edges of the platform surface, the visible edge of the vehicle floor or bridging device adjacent to the platform lift, and any designated standing area on a public use lift must be outlined. The outlines must be at least 25 mm (1 in) wide and of a color that contrasts with its background by 60 percent, determined according to the following equation: Contrast = 100 x [(L1-L2)/L1] Where: L1 = luminance of the lighter color or shade, and L2 = luminance of the darker color or shade. L1 and L2 are measured perpendicular to the platform surface with illumination provided by a diffuse light and a resulting luminance of the platform surface of 323 lm/m\2\ (30 lumen/ sqft). S6.4.11 Platform slip resistance. When tested in accordance with S7.2, the coefficient of friction, in any direction, of any part of a wet platform surface may not be less than 0.65. S6.5 Structural integrity. S6.5.1 Fatigue endurance. S6.5.1.1 Public use lifts. Except for lifts that manually stow (fold) and deploy (unfold), public use lifts must remain operable when operated through a [[Page 1160]] total of 15,600 cycles: 7,800 unloaded Raise/Lower and Stow/Deploy operations and 7,800 loaded Raise/Lower operations as specified in S7.10. Public use lifts that manually stow (fold) and deploy (unfold) must remain operable when operated through a total of 15,600 cycles: 7,800 unloaded Raise/Lower operations and 7,800 loaded Raise/Lower operations. No separation, fracture, or breakage of any vehicle or lift component may occur as a result of conducting the fatigue test in S7.10. S6.5.1.2 Private use lifts. Except for lifts that manually stow (fold) and deploy (unfold), private use lifts must remain operable when operated through a total of 4,400 cycles: 2,200 unloaded Raise/Lower and Stow/Deploy operations and 2,200 loaded Raise/Lower operations as specified in S7.10. Private use lifts that manually stow (fold) and deploy (unfold) must remain operable when operated through a total of 4,400 cycles: 2,200 unloaded Raise/Lower operations and 2,200 loaded Raise/Lower operations. No separation, fracture, or breakage of any vehicle or lift component may occur as a result of conducting the fatigue test in S7.10. S6.5.2 Proof load. The platform lift must be capable of holding three times the standard load, as specified in S7.11, without separation, fracture, or breakage of any vehicle or lift component. After the test, the lift must pass Static Load Test I as specified in S7.9. S6.5.3 Ultimate load. The platform lift must be capable of holding four times the standard load, as specified in S7.14, without separation, fracture, or breakage of the platform, supporting structure, or lifting mechanism. S6.6 Platform free fall limits. In the event of any single-point failure of systems for raising, lowering or supporting the platform, any portion of the platform, loaded as specified in S7.1.1, may not fall vertically faster than 305 mm (12 in) per second or change angular orientation more than 2 degrees from the orientation prior to the failure. This requirement applies whenever the lift is under primary power source operation or manual backup operation. S6.7 Control panel switches. S6.7.1 The platform lift must meet the requirements of S6.7.2 through S6.7.8 and, when operated by means of the control panel switches specified in S6.7.2, must perform the lift operations specified in S7.9. S6.7.2 The platform lift system must have control panel switches that perform not less than the following functions: (platform lifts that manually stow (fold) and deploy (unfold) are exempt from S6.7.2.2 and S6.7.2.5). S6.7.2.1 Enables and disables the lift control panel switches. This function must be identified as ``POWER'' if located on the control. The POWER function must have two states: ``ON'' and ``OFF''. The ``ON'' state must allow platform lift operation. When the POWER function is in the ``ON'' state, an indicator light on the controls must illuminate. The ``OFF'' state must prevent lift operation and must turn off the indicator light. Verification with this requirement is made throughout the lift operations specified in S7.9.3 through S7.9.8. S6.7.2.2 Moves the lift from a stowed position to an extended position or, to one of the two loading positions. This function must be identified as ``DEPLOY'' or ``UNFOLD'' on the control. S6.7.2.3 Lowers the lift platform. This function must be identified as ``Down'' or ``Lower'' on the control. S6.7.2.4 Raises the lift platform. This function must be identified as ``Up'' or ``Raise'' on the control. S6.7.2.5 Moves the lift from a position within the range of passenger operation to a stowed position. This function must be identified as ``Stow'' or ``Fold'' on the control. S6.7.3 Except for the Power function described in S6.7.2.1, the functions specified in S6.7.2 must activate in a momentary fashion, by one switch or by a combination of switches. Verification with this requirement is made throughout the lift operations specified in S7.9.3 through S7.9.8. S6.7.4 Except for the POWER function described in S6.7.2.1, the control system specified in S6.7.2 must prevent the simultaneous performance of more than one function. If an initial function is actuated, then one or more other functions are actuated while the initial function remains actuated, the platform must either continue in the [[Page 1161]] direction dictated by the initial function or stop. Verification of this requirement is made throughout the lift operations specified in S7.9.3 through S7.9.8. S6.7.5 Any single-point failure in the control panel switches may not prevent the operation of any of the interlocks as specified in S6.10. S6.7.6 Identification of operating functions. S6.7.6.1 Each operating function of each platform lift control must be identified with characters that are at least 2.5 mm (0.1 in) in height. S6.7.6.2 Public use lifts. Public-use lift controls located within the portion of the passenger compartment specified in S5.3.4(a) of Standard No. 101 (Sec. 571.101) must have characters that are illuminated in accordance with S5.3 of Standard No. 101 when the vehicle's headlights are illuminated. Public-use lift controls located outside the portion of the passenger compartment specified in S5.3.4(a) of Standard No. 101 (Sec. 571.101) must have means for illuminating the characters to make them visible under daylight and nighttime conditions. S6.7.7 Control location for public use lifts: In public use lifts, except for the backup operation specified in S6.9, all control panel switches must be positioned together and in a location such that the lift operator has a direct, unobstructed view of the platform lift passenger and the passenger's mobility aid, if applicable. Verification with this requirement is made throughout the lift operations specified in S7.9.3 through S7.9.8. Additional controls may be positioned in other locations. S6.7.8 Operating instructions: Simple instructions regarding the platform lift operating procedures, including backup operations as specified by S6.9, must: S6.7.8.1 Be located near the controls. S6.7.8.2 Have characters with a minimum height of 2.5 mm (0.1 in) and written in English. S6.7.8.3 Public use lifts: Include the statement ``DOT--Public Use Lift''. S6.7.8.4 Private use lifts: Include the statement ``DOT--Private Use Lift'', the manufacturer's rated load for the lift, and, if applicable, instructions indicating that the wheelchair occupant must back onto the lift when loading from the ground. S6.8 Jacking prevention. S6.8.1 Except when the platform lift is operated in backup mode as required by S6.9, throughout the lift operations specified in S7.9.4 and S7.9.7, the lift system must meet the requirements of S6.8.2, both with and without a standard load on the lift. S6.8.2 The control system or platform lift design must prevent the raising of any portion of the vehicle by the lift system when lowering the lift is attempted while the lift is at the ground level loading position. S6.9 Backup operation. S6.9.1 The platform lift must be equipped with a manual backup operating mode that can, in the event there is a loss of the primary power source for lift operation or a lift malfunction, deploy the lift, lower the loaded platform to the ground level loading position, raise the unloaded platform to the vehicle floor loading position, and stow the lift. During backup operation of the lift, the wheelchair retention device and inner roll stop must be manually deployable and stowable. The operating instructions near the lift controls and in the vehicle owner's manual insert, as specified in S6.7.8 and S6.12.2, must contain information on manual backup operation which must include manual operation of the wheelchair retention device and inner roll stop during backup operation of the lift. S6.10 Interlocks. S6.10.1 Except when the platform lift is operated in backup mode as required by S6.9, the requirements of S6.10.2 must be met, both with and without a standard load on the lift. S6.10.2 The platform lift system must have interlocks or operate in such a manner when installed according to the installation instructions, as to prevent: S6.10.2.1 Forward or rearward mobility of the vehicle unless the platform lift is stowed. The design of this system must be such that it discourages accidental release and does not affect vehicle movement when the lift is stowed until the vehicle is stopped and the lift deployed. Verification with this requirement is made throughout the [[Page 1162]] lift operations specified in S7.9.2 and S7.9.3. S6.10.2.2 Operation of the platform lift from the stowed position until forward and rearward mobility of the vehicle is inhibited, by means of placing the transmission in park or placing the transmission in neutral and actuating the parking brake or the vehicle service brakes by means other than the operator depressing the vehicle's service brake pedal. Verification with this requirement is made throughout the lift operations specified in S7.9.2 and S7.9.3. S6.10.2.3 Stowing of the platform lift when occupied by portions of a passenger's body, and/or a mobility aid. Platform lifts designed to be occupied while stowed and platform lifts that manually stow (fold) are excluded from this requirement. Verification with this requirement is made using the test device specified in S7.1.4. Move the deployed platform lift to a position within the range of passenger operation where it will stow if the control specified in S6.7.2.5 is actuated. Place the test device specified in S7.1.4 on its narrowest side on any portion of the platform surface that coincides with the unobstructed platform operating volume described in S6.4.2. Using the operator control specified in S7.7.2.5, attempt to stow the lift. The interlock must prevent the lift from stowing. S6.10.2.4 Movement of the platform up or down, throughout the range of passenger operation, unless the inner roll stop required to comply with S6.4.8 is deployed. When the platform reaches a level where the inner roll stop is designed to fully deploy, the platform must stop unless the inner roll stop has fully deployed. Verification with this requirement is made by performing the test procedure specified in S7.6.1. S6.10.2.5 Movement of the platform up or down, throughout the range of passenger operation, when the highest point of the platform surface at the outer most platform edge is above a horizontal plane 75 mm (3 in) above the ground level loading position, unless the wheelchair retention device required to comply with S6.4.7 is deployed throughout the range of passenger operations. Verification of compliance is made using the test procedure specified in S7.5.1. S6.10.2.6 In the case of a platform lift that is equipped with an outer barrier, vertical deployment of the outer barrier when it is occupied by portions of the passenger's body or mobility aid throughout the lift operation. When the platform stops, the vertical change in distance of the horizontal plane (passing through the point of contact between the wheelchair test device wheel(s) and the upper surface of the outer barrier) must not be greater than 13 mm (0.5 in). Verification of compliance with this requirement is made using the test procedure specified in S7.5.1. S6.10.2.7 Vertical deployment of the inner roll stop required to comply with S6.4.8 when it is occupied by portions of a passenger's body or mobility aid throughout the lift operations. When the platform stops, the vertical change in distance of the horizontal plane (passing through the point of contact between the wheelchair test device wheel(s) and the upper surface of the inner roll stop or platform edge) must not be greater than 13 mm (0.5 in). Verification of compliance with this requirement is made using the test procedure specified in S7.6.1. S6.11 Operations counter. The platform lift must have an operation or cycle counter that records each complete Up/Down (Raise/Lower) operation throughout the range of passenger operation. Determination of compliance with this requirement is made during the lift operations specified in S7.9.4 and S7.9.5. S6.12 Vehicle owner's manual insert. The lift manufacturer must provide with the lift, inserts for the vehicle owner's manual that provide specific information about the platform lift. The vehicle owner's manual insert must be written in English and must include: S6.12.1 A maintenance schedule that includes maintenance requirements that have, at a minimum, some dependency on the number of cycles on the operations counter specified in S6.11. S6.12.2 Instructions regarding the platform lift operating procedures, including backup operations, as specified by S6.9. S6.12.3 Public use lifts: In addition to meeting the requirements of S6.12.1 [[Page 1163]] and S6.12.2, the owner's manual insert for public use lifts must also include: S6.12.3.1 The statement ``DOT--Public Use Lift'' on the front cover of the vehicle owner's manual insert; and S6.12.3.2 The statement ``DOT--Public Use Lift'' verifies that this platform lift meets the ``public use lift '' requirements of FMVSS No. 403. This lift may be installed on all vehicles appropriate for the size and weight of the lift, but must be installed on buses, school buses, and multi-purpose passenger vehicles other than motor homes with a gross vehicle weight rating (GVWR) that exceeds 4,536 kg (10,000 lb).'' S6.12.4 Private use lifts: In addition to meeting the requirements of S6.12.1 and S6.12.2, the owner's manual insert for private use lifts must also include: S6.12.4.1 The dimensions that constitute the unobstructed platform operating volume; S6.12.4.2 The manufacturer's rated load for the lift; S6.12.4.3 Information on whether a wheelchair user must back onto the platform from the ground level loading position due to the absence of an inner roll stop; S6.12.4.4 The statement ``DOT-Private Use Lift'' on the front cover of the vehicle owner's manual insert; and S6.12.4.5 The statement ``DOT-Private Use Lift verifies that this platform lift meets only the ``private use lift'' requirements of FMVSS No. 403. This lift may be installed on all vehicles appropriate for the size and weight of the lift, except for buses, school buses, and multi- purpose passenger vehicles other than motor homes with a gross vehicle weight rating (GVWR) that exceeds (4,536 kg) 10,000 lb.'' S6.13 Installation instructions. The manufacturer of a platform lift must include installation instructions with each lift. Information must be included in the installation instructions that identifies: S6.13.1 The vehicles on which the lift is designed to be installed. Vehicles may be identified by listing the make, model, and year of the vehicles for which the lift is suitable, or by specifying the design elements that would make a vehicle an appropriate host for the particular lift, and for which the platform lift manufacturer has certified compliance. S6.13.2 Procedures for operational checks that the vehicle manufacturer must perform to verify that the lift is fully operational. Such checks include, but are not limited to, platform lighting, the threshold-warning signal, and interlocks, including those that interface with vehicle systems. S6.13.3 Any informational material or labels that must be placed on or in the vehicle in order to comply with the requirements of this standard. Labels must be of a permanent nature that can withstand the elements of the outside environment. S6.13.4 Public use lifts: In addition to meeting the requirements of S6.13.1 through S6.13.3, the installation instructions for public use lifts must also include, on the front cover of the instructions, the statement ``DOT-Public Use Lift''. S6.13.4.1 Installation instructions for public use lifts must contain the statement ``Public use vehicle manufacturers are responsible for complying with the lift lighting requirements in Federal Motor Vehicle Safety Standard No. 404, Platform Lift Installations in Motor Vehicles (49 CFR 571.404).'' S6.13.5 Private use lifts: In addition to meeting the requirements of S6.13.1 through S6.13.3, the installation instructions for private use lifts must also include, on the front cover of the instructions, the manufacturer's rated load for the lift and the statement ``DOT-Private Use Lift''. S7 Test conditions and procedures. Each platform lift must be capable of meeting all of the tests specified in this standard, both separately, and in the sequence specified in this section. The tests specified in S7.4, S7.7.4 and S7.8 through S7.12 are performed on a single lift and vehicle combination. The tests specified in S7.2, S7.3, S7.5, S7.6, S7.7.1, S7.13, and S7.14 may be performed with the lift installed on a test jig rather than on a vehicle. Tests of requirements in S6.1 through S6.11 may be performed on a single lift and vehicle combination, except for the requirements of S6.5.3. Attachment hardware may be replaced if damaged by removal and reinstallation of the lift between a test jig and vehicle. [[Page 1164]] S7.1 Test devices. S7.1.1 Test pallet and load. The surface of the test pallet that rests on the platform used for the tests specified in S7.9 through S7.11 and S7.14 has sides that measure between 660 mm (26 in) and 686 mm (27 in). For the tests specified in S7.9 and S7.10, the test pallet is made of a rectangular steel plate of uniform thickness and the load that rests on the test pallet is made of rectangular steel plate(s) of uniform thickness and sides that measure between 533 mm (21 in) and 686 mm (27 in). The standard test load that rests on the pallet is defined in S4. S7.1.2 Wheelchair test device. The test device is an unloaded power wheelchair whose size is appropriate for a 95th percentile male and that has the dimensions, configuration and components described in S7.1.2.1 through S7.1.2.11. If the dimension in S7.1.2.9 is measured for a particular wheelchair by determining its tipping angle, the batteries are prevented from moving from their original position. S7.1.2.1 a cross-braced steel frame; S7.1.2.2 a sling seat integrated in the frame; S7.1.2.3 a belt drive; S7.1.2.4 detachable footrests, with the lowest point of the footrest adjustable in a range not less than 25 mm (1 in) to 123 mm (5 in) from the ground; S7.1.2.5 Two pneumatic rear tires with a diameter not less than 495 mm (19.5 in) and not more than 521 mm (20.5 in) inflated to the wheelchair manufacturer's recommended pressure or if no recommendation exists, to the maximum pressure that appears on the sidewall of the tire; S7.1.2.6 Two pneumatic front tires with a diameter not less than 190 mm (7.5 in) and not more than 216 mm (8.5 in) inflated to the wheelchair manufacturer's recommended pressure or if no recommendation exists, to the maximum pressure that appears on the sidewall of the tire; S7.1.2.7 a distance between front and rear axles not less than 457 mm (18 in) and not more than 533 mm (21 in); S7.1.2.8 a horizontal distance between rear axle and center of gravity not less than 114 mm (4.5 in) and not more than 152 mm (6.0 in); S7.1.2.9 a vertical distance between ground and center of gravity not less than 260 mm (10.25 in) and not more than 298 mm (11.75 in); S7.1.2.10 a mass of not less than 72.5 kg (160 lb) and not more than 86.0 kg (190 lb). S7.1.2.11 Batteries with a charge not less than 75 percent of their rated nominal capacity (for tests that require use of the wheelchair's propulsion system). S7.1.3 Clearance test block for gaps, transitions, and openings. The clearance test block is made of a rigid material and is 16 x 16 x 100 mm (0.625 x 0.625 x 4.0 in) with all corners having a 1.6 mm (0.0625 inch) radius. S7.1.4 Test Device for detecting platform occupancy. Occupancy of the platform is detected using a 152 x 152 x 305 mm (6 x 6 x 12 inches) rigid box having a total weight of 22.7 kg (50 lb). S7.2 Slip resistance test. S7.2.1 To determine compliance with S6.4.12, clean any 450mm x 100mm (17.5 in x 3.94 in) section of the platform with household glass cleaner (ammonia hydroxide solution). Wet the cleaned section of the platform by evenly spraying 3 ml (0.10 oz) of distilled water per 100 cm\2\ (15.5 in\2\) of surface area. Begin the test specified in S7.2.2 within 30 seconds of completion of the wetting process. S7.2.2 Use the test procedure defined in ANSI/RESNA Standard WC/Vol. 1-1998, Section 13 (incorporated by reference, see Sec. 571.5), except for clauses 5.3, Force Gage and 6, Test Procedure, on the wet section of platform. In lieu of clauses 5.3 and 6, implement the requirements of S7.2.2.1 and S7.2.2.2. S7.2.2.1 Force gage. The pulling force is measured, at a frequency of at least 10 Hz, by a force gauge that has been calibrated to an accuracy of 2 percent of the reading in the range of 25N to 100N. S7.2.2.2 Test procedure. Before the test, prepare the surface of the test rubber by lightly abrading with waterproof silicon carbide paper, grade P120, weight D (120 wet and dry). Then wipe the surface clean with a dry cloth or brush. No solvents or other cleaning materials are used. To determine the coefficient of friction for the wet platform section pull the test block, with [[Page 1165]] the test rubber attached, by machine at a rate of 20 2mm/s. The machine and test block are rigidly linked by a device that exhibits a stiffness greater than or equal to 1 x 10\5\ N/ m. Pull the test block for a minimum of 13 seconds. Record the pulling force over the final 10 seconds of the test at a minimum frequency of 10 Hz. Repeat the test at least 5 times on any one area of the platform surface, in a single direction. Calculate the average pulling force for each trial, F1 through Fn, where n is the number of trials. Measure the weight of the test block with the force gauge and call it Fb. Calculate the coefficient of friction, [mu]p, from the following equation: [GRAPHIC] [TIFF OMITTED] TR27DE02.000 S7.3 Environmental resistance test. S7.3.1 Perform the procedures specified in S7.3.2 through S7.3.5 to determine compliance with S6.3. S7.3.2 Attachment hardware, as specified in S6.3.1, and externally mounted platform lifts or components, as specified in S6.3.2, are tested in accordance with ASTM B117-97 (incorporated by reference, see Sec. 571.5). Any surface coating or material not intended for permanent retention on the metal parts during service life are removed prior to testing. Except as specified in S7.3.3, the period of the test is 50 hours, consisting of two periods of 24 hours exposure to salt spray followed by one hour drying. S7.3.3 For attachment hardware located within the occupant compartment of the motor vehicle or internal to other compartments that provide protection from the elements and not at or near the floor of the compartment, the period of the test is 25 hours, consisting of one period of 24 hours exposure to salt spray followed by one hour drying. S7.3.4 For performance of this test, externally mounted platform lifts or components may be installed on test jigs rather than on the vehicle. The lift is in a stowed position. The configuration of the test setup is such that areas of the lift that would be exposed to the outside environment during actual use are not protected from the salt spray by the test jig. S7.3.5 At the end of the test, any surface exposed to the salt spray is washed thoroughly with water to remove the salt. After drying for at least 24 hours under laboratory conditions, the platform lift and components are examined for ferrous corrosion on significant surfaces, i.e., all surfaces that can be contacted by a sphere 2 cm (0.79 in) in diameter. S7.4 Threshold warning signal test. S7.4.1 Determine compliance with S6.1.2 and S6.1.3 using the test procedure specified in S7.4.2. S7.4.2 During the threshold warning test, the wheelchair test device may be occupied by a human representative of a 5th percentile female meeting the requirements of FMVSS 208, S29.1(f) and S29.2. If present, the human subject is seated in the wheelchair test device with his or her feet supported by the wheelchair foot rests which are adjusted properly for length and in the down position (not elevated). The manufacturer shall select the option by the time it certifies the lift and may not thereafter select a different test option for the lift. Maneuver the lift platform to the vehicle floor level loading position. Using the wheelchair test device specified in S7.1.2, place one front wheel of the wheelchair test device on any portion of the threshold area defined in S4. Move the platform down until the alarm is actuated. Remove the test wheelchair wheel from the threshold area to deactivate the alarm. Measure the vertical distance between the platform and the threshold area and determine whether that distance is greater than 25 mm (1 in). S7.5 Outer barrier non-deployment interlock and occupied outer barrier interlock test. S7.5.1 Determine compliance with both S6.10.2.5 and S6.10.2.6 by using the following single test procedure. S7.5.1.1 Place the test jig or vehicle on which the lift is installed on a flat, level, horizontal surface. Maneuver the platform to the ground level loading position. Using the lift control, move the lift upward until the point where the outer barrier fully deploys. Stop the platform at that point and measure [[Page 1166]] the vertical distance between the highest point on the platform surface at the outer most edge and the ground to determine whether the distance is greater than 75 mm (3 in). Reposition the platform in the ground level loading position. Locate the wheelchair test device specified in S7.1.2 on the platform. If other wheelchair retention devices (e.g., a belt retention device) prevent the front wheel of the wheelchair test device from accessing the outer barrier when on the platform, the wheelchair test device may be placed on the ground facing the entrance to the lift, with other retention devices configured so that they do not prevent lift operation (e.g., with any belt retention device fastened or buckled). S7.5.1.2 Place one front wheel of the wheelchair test device on any portion of the outer barrier. If the platform is too small to maneuver one front wheel on the outer barrier, two front wheels may be placed on the outer barrier. Note the distance between a horizontal plane (passing through the point of contact between the wheelchair test device wheel(s) and the upper surface of the outer barrier) and the ground. Using the lift control, move the platform up until it stops. Measure the vertical distance between the highest point of the platform surface at the outer most edge and the ground to determine compliance with S6.10.2.5. Measure the vertical change in distance of the horizontal plane (passing through the point of contact between the wheelchair test device wheel(s) and the upper surface of the outer barrier) to determine compliance with S6.10.2.6. S7.6 Inner roll stop non-deployment interlock and occupied inner roll stop interlock test. S7.6.1 Determine compliance with both S6.10.2.4 and S6.10.2.7 by using the single test procedure in S7.6.2 and S7.6.3. S7.6.2 Maneuver the platform to the vehicle floor level loading position, and position the wheelchair test device specified in S7.1.2 on the platform with the front of the wheelchair test device facing the vehicle. Using the lift control, move the platform down until the inner roll stop fully deploys. Stop the lift and note that location. S7.6.3 Reposition the platform at the vehicle floor level loading position. Place one front wheel of the wheelchair test device on the inner roll stop. If the platform is too small to maneuver one front wheel on the inner roll stop, two front wheels may be placed on the inner roll stop. Note the vertical distance between a horizontal plane (passing through the point of contact between the wheelchair test device wheel(s) and the upper surface of the inner roll stop) and the ground. Using the lift control, move the platform down until it stops. Compare the location of the platform relative to the location noted in S7.6.2 to determine compliance with S6.10.2.4. Measure the vertical change in distance of the horizontal plane (passing through the point of contact between the wheelchair test device wheel(s) and the upper surface of the inner roll stop) to determine compliance with S6.10.2.7. S7.7 Wheelchair retention device impact test and edge guard test. S7.7.1 Determine compliance with S6.4.7.1 and S6.4.7.2 using the test device specified in S7.1.2, under the procedures specified in S7.7.2 and S7.7.3. S7.7.2 Conduct the test in accordance with the procedures in S7.7.2.1 through S7.7.2.5 to determine compliance with S6.4.7.1. In the case of private use lifts, perform both S7.7.2.5(a) and (b), unless the operating directions specify a required direction of wheelchair movement onto the platform. When a direction is indicated in the operating instructions, perform the procedure specified in S7.7.2.5(a) or (b) with the test device oriented as required by the operating instructions. S7.7.2.1 Place the lift platform at the vehicle floor loading position. S7.7.2.2 If the wheelchair retention device is an outer barrier, the footrests are adjusted such that at their lowest point they have a height 25 mm 2 mm (1 in 0.08 in) less than the outer barrier. If the wheelchair retention device is not an outer barrier, the footrests are adjusted such that at their lowest point they have a height 50 mm 2 mm (2 in 0.08 in) above the platform. S7.7.2.3 Position the test device with its plane of symmetry coincident with the lift reference plane and at a distance from the platform sufficient [[Page 1167]] to achieve the impact velocities required by S7.7.2.5. S7.7.2.4 An optional 50 kg (110 pounds) of weight may be centered, evenly distributed, and secured in the seat of the wheelchair test device to assist in stabilizing the wheelchair test device during testing. The manufacturer shall select the option by the time it certifies the lift and may not thereafter select a different test option for the lift. Accelerate the test device onto the platform under its own power such that the test device impacts the wheelchair retention device at each speed and direction combination specified in S7.7.2.5. Terminate power to the wheelchair test device by means of the wheelchair controller after completion of the initial impact of any portion of the wheelchair test device with the wheelchair retention device. Note the position of the wheelchair test device following each impact to determine compliance with S6.4.7. If necessary, after each impact, adjust or replace the footrests to restore them to their original condition. S7.7.2.5 The test device is operated at the following speeds, in the following directions-- (a) At a speed of not less than 2.0 m/s (4.4 mph) and not more than 2.1 m/s (4.7 mph) in the forward direction. (b) At a speed of not less than 1.75 m/s (3.9 mph) and not more than 1.85 m/s (4.1 mph) in the rearward direction. S7.7.3 Rotary platform lifts: For rotary platform lifts, conduct the test under the procedures in S7.7.3.3 through S7.7.3.7 to determine compliance with S6.4.7.2. S7.7.3.1 Public use lifts: For public use lifts, perform the test in both possible test device orientations. S7.7.3.2 Private use lifts: For private use lifts, perform the test in both possible test device orientations unless a required direction of wheelchair movement onto the platform is indicated in the operating instructions. If a required direction is indicated in the operating instructions, perform the test with the test device oriented as required by the operating instructions. S7.7.3.3 Adjust the footrests of the test device to the shortest length. Place the test device on the platform with its plane of symmetry coincident with the lift reference plane. S7.7.3.4 Position the platform surface 90 mm 10 mm (3.5 inches 0.4 inches) above the ground level position. S7.7.3.5 Slowly move the test device in the forward direction until it contacts a wheelchair retention device. Activate the controller of the test device such that, if the test device were unloaded and unrestrained on a flat, level surface, it would achieve a maximum forward velocity of not less than 2.0 m/s (4.4 mph) and not more than 2.1 m/s (4.7 mph). S7.7.3.6 Realign the test device on the platform so that its plane of symmetry is coincident with the lift reference plane. Slowly move the test device in the rearward direction until it contacts a wheelchair retention device. Activate the controller of the test device such that, if the test device were unloaded and unrestrained on a flat, level surface, it would achieve a maximum rearward velocity of not less than 1.75 m/s (3.9 mph) and not more than 1.85 m/s (4.1 mph). S7.7.3.7 During the impacts specified in S7.7.3.5 and S7.7.3.6, maintain power to the drive motors until all test device motion has ceased except rotation of the drive wheels. Note the position of the test device after its motion has ceased following each impact to determine compliance with S6.4.7.2. S7.7.4 Edge Guard Test. Determine compliance with S6.4.6 using the test device specified in S7.1.2 by performing the test procedure specified in S7.7.4.1 through S7.7.4.6. During the edge guard tests, remove the footrests from the wheelchair test device. S7.7.4.1 Position the platform surface 90 mm 10 mm (3.5 in 0.4 in) above the ground level loading position. S7.7.4.2 Place the test device on the platform surface with its plane of symmetry coincident with the lift reference plane within 10 mm (0.4 in), its forward direction of travel inboard toward the vehicle, and its position on the platform as far rearward as the wheelchair retention device or outer barrier will allow it to be placed. S7.7.4.3 Adjust the control of the test device to a setting that provides maximum acceleration and steer the [[Page 1168]] test device from side-to-side and corner-to-corner of the lift platform, attempting to steer the test device off the platform. After each attempt, when the wheelchair test device stalls due to contact with a barrier, release the control to Neutral and realign the test device to the starting position. Repeat this sequence at any level that is more than 90 mm 10 mm (3.5 in 0.4 in) above the ground level loading position and more than 38 mm 10 mm (1.5 in 0.4 in) below the vehicle floor level loading position. Repeat this sequence at 38 mm 10 mm (1.5 in 0.4 in) below the vehicle floor level loading position. S7.7.4.4 Next position the platform surface 38 mm 10 mm (1.5 in 0.4 in) below the vehicle floor level loading position. S7.7.4.5 Reposition the test device on the platform surface with its plane of symmetry coincident with the lift reference plane within 10 mm (0.4 in), its forward direction of travel outboard away from the vehicle, and its position on the platform as far rearward as the wheelchair inner roll-stop or vehicle body will allow it to be placed. S7.7.4.6 Adjust the control of the test device to a setting that provides maximum acceleration and steer the test device from side-to- side and corner-to-corner of the lift platform, attempting to steer the test device off the platform. After each attempt, when the wheelchair test device stalls due to contact with a barrier, release the control to Neutral and realign the test device to the starting position. Repeat this sequence at any level that is more than 90 mm 10 mm (3.5 in 0.4 in) above the ground level loading position and more than 38 mm 10 mm (1.5 in 0.4 in) below the vehicle floor loading position. Repeat this sequence at 38 mm 10 mm (1.5 in 0.4 in) below the vehicle floor level loading position. S7.8 Inner roll stop test. Determine compliance with S6.4.8 using the test device specified in S7.1.2 in accordance with the procedures specified in S7.8.1 through S7.8.6. S7.8.1 Place the platform at the ground level loading position, such that the platform is level. S7.8.2 Adjust the footrests of the test device to the shortest length. Position the test device on the ground at a distance from the platform sufficient to achieve the impact velocity required by S7.8.3. The plane of symmetry of the test device is coincident with the lift reference plane and the forward direction of travel is onto the platform. S7.8.3 An optional 50 kg (110 pounds) of weight may be centered, evenly distributed, and secured in the seat of the wheelchair test device to assist in stabilizing the wheelchair test device during testing. The manufacturer shall select the option by the time it certifies the lift and may not thereafter select a different test option for the lift. Accelerate the test device onto the platform such that it impacts the inner roll stop at a speed of not less than 1.5 m/s (3.4 mph) and not more than 1.6 m/s (3.6 mph). Terminate power to the wheelchair test device by means of the wheelchair controller after completion of the initial impact of any portion of the wheelchair test device with the inner roll stop. Determine compliance with S6.4.8.3(a). S7.8.4 If necessary, adjust or replace the footrests to restore them to the condition they were in prior to the impact. Reposition the test device on the platform with its plane of symmetry coincident with the lift reference plane. Slowly move the test device in the forward direction until it contacts the inner roll stop. S7.8.5 Apply a static load to the inner roll stop by activating the controller of the test device such that, with the test device were unrestrained on a flat and level surface, it achieves a maximum forward velocity of not less than 2.0 m/s and not more than 2.1 m/s. S7.8.6 Maintain control activation and raise the platform to the vehicle loading position. Determine compliance with S6.4.8.3(b). S7.9 Static load test I--working load. S7.9.1 By use of the lift controls specified in S6.7.2, perform the operations specified in S7.9.2 through S7.9.8 in the order they are specified. S7.9.2 Place the platform in the stowed position. S7.9.3 Deploy the platform to the vehicle floor loading position. Center a standard load, including the test pallet, on the platform surface. [[Page 1169]] S7.9.4 Lower the lift platform from the vehicle floor loading position to the ground level loading position, stopping once between the two positions. Remove the test pallet from the lift platform. S7.9.5 Raise the lift platform from the ground level loading position to the vehicle floor level loading position, stopping once between the two positions. S7.9.6 Lower the lift platform from the vehicle floor level loading position to the ground level loading position, stopping once between the two positions. S7.9.7 Center the loaded test pallet on the platform surface. Raise the lift platform from the ground level loading position to the vehicle floor loading position, stopping once between the two positions. S7.9.8 Remove the pallet from the lift platform. Stow the lift. S7.9.9 Turn power off to the lift and repeat S7.9.3 through S7.9.5 and stow the lift using the backup operating mode as specified by S6.9 in accordance with the manufacturer's backup operating instructions. S7.10 Fatigue endurance test. S7.10.1 Perform the test procedure specified in S7.10.2 through S7.10.6 and determine compliance with S6.5.1. S7.10.2 Put the unloaded lift platform at the ground level loading position. Center a standard load, including the test pallet, on the platform surface. S7.10.3 Each sequence of lift operations specified in S7.10.5.1, S7.10.5.2, S7.10.6.1 and S7.10.6.2 are done in blocks of 10 cycles with a 1 minute maximum rest period between each cycle in any block. The minimum rest period between each block of 10 cycles is such that the temperature of the lift components is maintained below the values specified by the manufacturer or that degrade the lift function. S7.10.4 During the test sequence specified in S7.10.2 through S7.10.6, perform any lift maintenance as specified in the vehicle owner's manual. S7.10.5 Public use lifts: Using the lift controls specified in S6.7.2, perform the operations specified in S7.10.5.1 through S7.10.5.3 in the order they are given. Public use lifts that manually stow (fold) and deploy (unfold) are not required to perform the stow and deploy portions of the tests. S7.10.5.1 Raise and lower the platform through the range of passenger operation 3,900 times. S7.10.5.2 Remove the test pallet from the platform. Raise the platform to the vehicle floor loading position, stow the lift, deploy the lift and lower the platform to the ground level loading position 3,900 times. S7.10.5.3 Perform the test sequence specified in S7.10.5.1 and S7.10.5.2 two times. S7.10.6 Private use lifts: Using the lift controls specified in S6.7.2, perform the operation specified in S7.10.6.1 through S7.10.6.3 in the order they are given. Private use lifts that manually stow (fold) and deploy (unfold) are not required to perform the stow and deploy portions of the tests. S7.10.6.1 Raise and lower the platform through the range of passenger operation 1,100 times. S7.10.6.2 Remove the test pallet from the platform. Raise the platform to the vehicle floor loading position, stow the lift, deploy the lift and lower the platform to the ground level loading position 1,100 times. S7.10.6.3 Perform the test sequence specified in S7.10.6.1 and S7.10.6.2 two times. S7.11 Static load test II--proof load. S7.11.1 Perform the test procedures specified in S7.11.2 through S7.11.5 and determine compliance with S6.5.2. S7.11.2 Place the platform at the vehicle floor level loading position, center three times the standard load, including the test pallet, on the platform surface. Fully place the pallet on the platform within 1 minute of beginning to place it. S7.11.3 Two minutes after fully placing the loaded test pallet on the platform surface, remove the loaded test pallet and examine the platform lift and vehicle for separation, fracture or breakage. S7.11.4 After completing the static load test specified in S7.11.2 through S7.11.4, repeat Static Load Test I specified in S7.9. S7.12 Handrail test. S7.12.1 To determine compliance with S6.4.9.7, apply 4.4 N (1 lbf) through [[Page 1170]] an area of 1290 mm\2\ (2 in\2\) in any direction at any point on the handrail in order to remove any looseness or slack from the handrail structure. Use this position of the handrail relative to the platform as the reference point for the measurement of handrail displacement. Apply 445 N (100 lbf) through an area of 1290 mm\2\ (2 in\2\) in a direction and location opposite to that of the 4.4 N (1 lbf). Attain the force within 1 minute after beginning to apply it. Five seconds after attaining the force, measure the amount of displacement of the handrail relative to the reference point, and measure the distance between the outside of the handrail and the nearest portion of the vehicle. Release the 445 N (100 lbf) and reapply the 4.4 N (1 lbf) in the direction and location that it was first applied. Five seconds after attaining the force, measure the position of the handrail with respect to the reference point to determine if there is any permanent deformation of the handrail relative to the platform. S7.12.2 To determine compliance with S6.4.9.8, apply 4.4 N (1 lbf) through an area of 1,290 mm\2\ (2 in\2\) in any direction at any point on the handrail in order to remove any looseness or slack from the handrail structure. Use this position of the handrail relative to the platform as the reference point for the measurement of handrail displacement. Apply 1,112 N (250 lbf) through an area of 1,290 mm\2\ (2 in\2\) in a direction and location opposite to that of the 1 4.4 N (1 lbf). Attain the force within 1 minute after beginning to apply it. Five seconds after attaining the force, measure the amount of displacement of the handrail relative to the reference point. Maintain the force for two minutes. Release the force and inspect the handrail for cracking, separations or fractures. S7.13 Wheelchair retention device overload test. S7.13.1 Perform the test procedures as specified in S7.13.2 through S7.13.5 to determine compliance with S6.4.7.3. S7.13.2 Position the platform surface 90 mm 10 mm (3.5 in 0.4 in) above the ground level loading position. Apply 7,117 N (1,600 lbf) to the wheelchair retention device in a direction parallel to both the platform lift and platform reference planes. Attain the force within 1 minute after beginning to apply it. S7.13.3 For a wheelchair retention device that is in the form of an outer barrier, apply the force through a rectangular area with a height of 25 mm (1 in) and a width spanning the entire barrier. Distribute the force evenly about an axis 64 mm (2.5 in) above the platform reference plane. If the bottom edge of the outer barrier falls 50 mm (2 in) or more above the platform reference plane, distribute the force about an axis 13 mm (0.5 in) above the bottom edge of the barrier. S7.13.4 For a wheelchair retention device other than an outer barrier, place the test device specified in S7.1.2 on the lift platform with its plane of symmetry coincident with the lift reference plane and directed such that forward motion is impeded by the wheelchair retention device. Move the test device forward until it contacts the wheelchair retention device. Remove the test device from the platform. Apply the force specified in S7.13.2 distributed evenly at all areas of the wheelchair retention device that made contact with the test device when it was moved forward. Attain the force within 1 minute after beginning to apply it. S7.13.5 After maintaining the force for two minutes, remove it and examine the wheelchair retention device for separation, fracture or breakage. S7.14 Static load test III--ultimate load. S7.14.1 Perform the test procedures as specified in S7.14.2 through S7.14.4 to determine compliance with S6.5.3. S7.14.2 Reinforce the vehicle structure where the lift is attached such that it is rigid and will not deform, break or separate during application of the load specified in S7.14.3 or remove the platform lift from the vehicle and install it on a test jig that is rigid and will not deform, break or separate during application of the load specified in S7.14.3. S7.14.3 When the platform is at the vehicle floor loading position, center four times the standard load, including the test pallet, on the platform surface. Fully place the pallet on the platform within 1 minute of beginning to place it. [[Page 1171]] S7.14.4 Two minutes after fully placing the loaded test pallet on the platform surface, remove the loaded test pallet and examine the platform lift for separation, fracture or breakage. [GRAPHIC] [TIFF OMITTED] TR27DE02.001 [[Page 1172]] [GRAPHIC] [TIFF OMITTED] TR05AP12.001 [[Page 1173]] [GRAPHIC] [TIFF OMITTED] TR27DE02.003 [67 FR 79439, Dec. 27, 2002, as amended at 69 FR 58852, Oct. 1, 2004; 69 FR 76870, Dec. 23, 2004; 77 FR 769, Jan. 6, 2012; 77 FR 20567, Apr. 5, 2012] Sec. 571.404 Standard No. 404; Platform lift installations in motor vehicles. S1. Scope. This standard specifies requirements for vehicles equipped with platform lifts used to assist persons with limited mobility in entering or leaving a vehicle. S2. Purpose. The purpose of this standard is to prevent injuries and fatalities to passengers and bystanders during the operation of platform lifts installed in motor vehicles. S3 Application. This standard applies to motor vehicles manufactured on and after July 1, 2005, that are equipped with a platform lift designed to carry standing passengers who may be aided by canes or walkers, as well as persons seated in wheelchairs, scooters, and other mobility aids, into and out of the vehicle. S4. Requirements. S4.1 Installation requirements. S4.1.1 Lift-equipped buses, school buses, and MPVs other than motor homes with a GVWR greater than 4,536 kg (10,000 lb) must be equipped with a public use lift certified as meeting Federal Motor Vehicle Safety Standard No. 403, Lift Systems for Motor Vehicles (49 CFR 571.403). S4.1.2 Lift-equipped motor vehicles, other than ones subject to paragraph S4.1.1, must be equipped with a platform lift certified as meeting either the public use lift or private use lift requirements of Federal Motor Vehicle Safety Standard No. 403, Lift Systems for Motor Vehicles (49 CFR 571.403). S4.1.3 Platform lifts must be installed in the vehicle in accordance with the installation instructions or procedures provided pursuant to S6.13 of Standard 403. The vehicle must be of [[Page 1174]] a type identified in the installation instructions as appropriate for the platform lift as certified by the platform lift manufacturer. S4.1.4 The platform lift, as installed, must continue to comply with all the applicable requirements of Federal Motor Vehicle Safety Standard No. 403, Lift Systems for Motor Vehicles (49 CFR 571.403). S4.1.5 Platform Lighting on public use lifts. Public-use lifts must be provided with a light or set of lights that provide at least 22 lm/ m\2\ or 22 Lux (2 lm/ft\2\ or 2 foot-candles) of illumination on all portions of the surface of the platform when the platform is at the vehicle floor level. Additionally, a light or set of lights must provide at least 11 lm/m\2\ or 11 Lux (1 lm/ft\2\ or 1 foot-candle) of illumination on all portions of the surface of the platform and all portions of the surface of the passenger-unloading ramp at ground level. In preparation for taking illumination measurements, operate the vehicle engine by idling or driving the test vehicle, with the vehicle's HVAC system turned off, for a minimum of 20 minutes, after which the engine is turned off. Illumination measurements are then recorded no later than 10 minutes after the time the engine is turned off, with the vehicle in a location where there is no apparent ambient light, and with the sensing element of the measuring device within 50 mm (2 inches) of the platform surface being measured. S4.2 Vehicle owner's manual insert requirements. If the vehicle is equipped with an owner's manual, the owner's manual must contain the inserts provided by the lift manufacturer pursuant to S6.12 of 49 CFR 571.403. S4.3 Control panel switches. S4.3.1 Instructions regarding the platform lift operating procedures, including backup operations, as specified by S6.7.8 of 49 CFR 571.403, must be permanently affixed to a location adjacent to the controls. S4.3.2 Public use lift: In addition to meeting the requirements of S4.3.1, for vehicles equipped with public use lifts, as defined in 49 CFR 571.403, any and all controls provided for the lift by the platform lift manufacturer other than those provided for back-up operation of the platform lift specified in S5.9 of 49 CFR 571.403, must be located together and in a position such that the control operator has a direct, unobstructed view of the platform lift passenger and/or their mobility aid throughout the lift's range of passenger operation. Additional power controls and controls for back-up operation of the lift may be located in other positions. [67 FR 79451, Dec. 27, 2002, as amended at 69 FR 58855, Oct. 1, 2004; 69 FR 76870, Dec. 23, 2004; 77 FR 20571, Apr. 5, 2012] Sec. 571.500 Standard No. 500; Low-speed vehicles. S1. Scope. This standard specifies requirements for low-speed vehicles. S2. Purpose. The purpose of this standard is to ensure that low- speed vehicles operated on the public streets, roads, and highways are equipped with the minimum motor vehicle equipment appropriate for motor vehicle safety. S3. Applicability. This standard applies to low-speed vehicles. S4. [Reserved] S5. Requirements. (a) When tested in accordance with test conditions in S6 and test procedures in S7, the maximum speed attainable in 1.6 km (1 mile) by each low-speed vehicle shall not more than 40 kilometers per hour (25 miles per hour). (b) Each low-speed vehicle shall be equipped with: (1) Headlamps, (2) Front and rear turn signal lamps, (3) Taillamps, (4) Stop lamps, (5) Reflex reflectors: one red on each side as far to the rear as practicable, and one red on the rear, (6) An exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror, (7) A parking brake, (8) A windshield that conforms to the Federal motor vehicle safety standard on glazing materials (49 CFR 571.205). (9) A VIN that conforms to the requirements of part 565 Vehicle Identification Number of this chapter, and (10) A Type 1 or Type 2 seat belt assembly conforming to Sec. 571.209 of this part, Federal Motor Vehicle Safety Standard No. 209, Seat belt assemblies, [[Page 1175]] installed at each designated seating position. (11) Low-speed vehicles shall comply with the rear visibility requirements specified in paragraphs S6.2 of FMVSS No. 111. (12) An alert sound as required by Sec. 571.141. S6. General test conditions. Each vehicle must meet the performance limit specified in S5(a) under the following test conditions. S6.1. Ambient conditions. S6.1.1. Ambient temperature. The ambient temperature is any temperature between 0 [deg]C (32 [deg]F) and 40 [deg]C (104 [deg]F). S6.1.2. Wind speed. The wind speed is not greater than 5 m/s (11.2 mph). S6.2. Road test surface. S6.2.1. Pavement friction. Unless otherwise specified, the road test surface produces a peak friction coefficient (PFC) of 1.02 when measured using a ASTM F2493 standard reference test tire, in accordance with ASTM E1337-19, at a speed of 64.4 km/h (40.0 mph), without water delivery (incorporated by reference; see Sec. 571.5). S6.2.2. Gradient. The test surface has not more than a 1 percent gradient in the direction of testing and not more than a 2 percent gradient perpendicular to the direction of testing. S6.2.3. Lane width. The lane width is not less than 3.5 m (11.5 ft). S6.3. Vehicle conditions. S6.3.1. The test weight for maximum speed is unloaded vehicle weight plus a mass of 78 kg (170 pounds), including driver and instrumentation. S6.3.2. No adjustment, repair or replacement of any component is allowed after the start of the first performance test. S6.3.3. Tire inflation pressure. Cold inflation pressure is not more than the maximum permissible pressure molded on the tire sidewall. S6.3.4. Break-in. The vehicle completes the manufacturer's recommended break-in agenda as a minimum condition prior to beginning the performance tests. S6.3.5. Vehicle openings. All vehicle openings (doors, windows, hood, trunk, convertible top, cargo doors, etc.) are closed except as required for instrumentation purposes. S6.3.6. Battery powered vehicles. Prior to beginning the performance tests, propulsion batteries are at the state of charge recommended by the manufacturer or, if the manufacturer has made no recommendation, at a state of charge of not less than 95 percent. No further charging of any propulsion battery is permissible. S7. Test procedure. Each vehicle must meet the performance limit specified in S5(a) under the following test procedure. The maximum speed performance is determined by measuring the maximum attainable vehicle speed at any point in a distance of 1.6 km (1.0 mile) from a standing start and repeated in the opposite direction within 30 minutes. [63 FR 33216, June 17, 1998, as amended at 68 FR 43972, July 25, 2003; 79 FR 19249, Apr. 7, 2014; 81 FR 90521, Dec. 14, 2016; 87 FR 34810, June 8, 2022] Sec. Appendix A to Subpart B Section 571.108 Table of Contents Sec. 571.108 Standard No. 108; Lamps, reflective devices, and associated equipment. S1 Scope. S2 Purpose. S3 Application. S4 Definitions. S5 References to SAE publications. S6 Vehicle requirements. S6.1 Required lamps, reflective devices, and associated equipment by vehicle type. S6.1.1 Quantity. S6.1.1.1 Conspicuity systems. S6.1.1.2 High-mounted stop lamps. S6.1.1.3 Truck tractor rear turn signal lamps. S6.1.1.4 Daytime running lamps. S6.1.2 Color. S6.1.3 Mounting location. S6.1.3.3 License plate lamp. S6.1.3.4 High-mounted stop lamps. S6.1.3.4.1 Interior mounting. S6.1.3.4.2 Accessibility. S6.1.3.5 Headlamp beam mounting. S6.1.3.5.1 Vertical headlamp arrangement. S6.1.3.5.2 Horizontal headlamp arrangement. S6.1.3.6 Auxiliary lamps mounted near identification lamps. S6.1.4 Mounting height. S6.1.4.1 High-mounted stop lamps. S6.1.5 Activation. S6.1.5.1 Hazard warning signal. S6.1.5.2 Simultaneous beam activation. S6.2 Impairment. S6.2.3 Headlamp obstructions. S6.3 Equipment combinations. S6.4 Lens area, visibility and school bus signal lamp aiming. [[Page 1176]] S6.4.1 Effective projected luminous lens area requirements. S6.4.2 Visibility. S6.4.3 Visibility options. S6.4.3(a) Lens area option. S6.4.3(b) Luminous intensity option. S6.4.4 Legacy visibility alternative. S6.4.5 School bus signal lamp aiming. S6.5 Marking. S6.5.1 DOT marking. S6.5.2 DRL marking. S6.5.3 Headlamp markings. S6.5.3.1 Trademark. S6.5.3.2 Voltage and trade number. S6.5.3.3 Sealed beam headlamp markings. S6.5.3.4 Replaceable bulb headlamp markings. S6.5.3.5 Additional headlamp markings. S6.6 Associated equipment. S6.6.3 License plate holder. S6.7 Replacement equipment. S6.7.1 General. S6.7.2 Version of this standard. S7 Signal lamp requirements. S7.1 Turn signal lamps. S7.1.1 Front turn signal lamps. S7.1.1.1 Number. S7.1.1.2 Color of light. S7.1.1.3 Mounting location. S7.1.1.4 Mounting height. S7.1.1.5 Activation. S7.1.1.6 Effective projected luminous lens area. S7.1.1.7 Visibility. S7.1.1.8 Indicator. S7.1.1.9 Markings. S7.1.1.10 Spacing to other lamps. S7.1.1.10.2 Spacing measurement for non-reflector lamps. S7.1.1.10.3 Spacing measurement for lamps with reflectors. S7.1.1.10.4 Spacing based photometric multipliers. S7.1.1.11 Multiple compartment lamps and multiple lamps. S7.1.1.11.4 Lamps installed on vehicles 2032 mm or more in overall width. S7.1.1.12 Ratio to parking lamps and clearance lamps. S7.1.1.13 Photometry. S7.1.1.14 Physical tests. S7.1.2 Rear turn signal lamps. S7.1.2.1 Number. S7.1.2.2 Color of light. S7.1.2.3 Mounting location. S7.1.2.4 Mounting height. S7.1.2.5 Activation. S7.1.2.6 Effective projected luminous lens area. S7.1.2.7 Visibility. S7.1.2.8 Indicator. S7.1.2.9 Markings. S7.1.2.10 Spacing to other lamps. S7.1.2.11 Multiple compartments and multiple lamps. S7.1.2.11.4 Lamps installed on vehicles 2032 mm or more in overall width. S7.1.2.12 Ratio to taillamps and clearance lamps. S7.1.2.13 Photometry. S7.1.2.14 Physical tests. S7.1.3 Combined lamp bulb indexing. S7.2 Taillamps. S7.2.1 Number. S7.2.2 Color of light. S7.2.3 Mounting location. S7.2.4 Mounting height. S7.2.5 Activation. S7.2.6 Effective projected luminous lens area. S7.2.7 Visibility. S7.2.8 Indicator. S7.2.9 Markings. S7.2.10 Spacing to other lamps. S7.2.11 Multiple compartments and multiple lamps. S7.2.11.4 Taillamps installed on vehicles 2032 mm or more in overall width. S7.2.12 Ratio. S7.2.13 Photometry. S7.2.14 Physical tests. S7.3 Stop lamps. S7.3.1 Number. S7.3.2 Color of light. S7.3.3 Mounting location. S7.3.4 Mounting height. S7.3.5 Activation. S7.3.6 Effective projected luminous lens area. S7.3.7 Visibility. S7.3.8 Indicator. S7.3.9 Markings. S7.3.10 Spacing to other lamps. S7.3.11 Multiple compartments and multiple lamps. S7.3.11.4 Lamps installed on vehicles 2032 mm or more in overall width. S7.3.12 Ratio to taillamps. S7.3.13 Photometry. S7.3.14 Physical tests. S7.3.15 Combined lamp bulb indexing. S7.4 Side marker lamps. S7.4.1 Number. S7.4.2 Color of light. S7.4.3 Mounting location. S7.4.4 Mounting height. S7.4.5 Activation. S7.4.6 Effective projected luminous lens area. S7.4.7 Visibility. S7.4.8 Indicator. S7.4.9 Markings. S7.4.10 Spacing to other lamps. S7.4.11 Multiple compartments and multiple lamps. S7.4.12 Ratio. S7.4.13 Photometry. S7.4.13.2 Inboard photometry. S7.4.14 Physical tests. S7.5 Clearance and identification lamps. S7.5.1 Number. S7.5.2 Color of light. S7.5.3 Mounting location. S7.5.4 Mounting height. S7.5.5 Activation. S7.5.6 Effective projected luminous lens area. S7.5.7 Visibility. S7.5.8 Indicator. S7.5.9 Markings. S7.5.10 Spacing to other lamps. [[Page 1177]] S7.5.11 Multiple compartments and multiple lamps. S7.5.12 Ratio. S7.5.12.1 Clearance lamps. S7.5.12.2 Identification lamps. S7.5.13 Photometry. S7.5.14 Physical tests. S7.6 Backup lamps. S7.6.1 Number. S7.6.2 Color of light. S7.6.3 Mounting location. S7.6.4 Mounting height. S7.6.5 Activation. S7.6.6 Effective projected luminous lens area. S7.6.7 Visibility. S7.6.8 Indicator. S7.6.9 Markings. S7.6.10 Spacing to other lamps. S7.6.11 Multiple compartments and multiple lamps. S7.6.12 Ratio. S7.6.13 Photometry. S7.6.14 Physical tests. S7.7 License plate lamps. S7.7.1 Number. S7.7.2 Color of light. S7.7.3 Mounting location. S7.7.4 Mounting height. S7.7.5 Activation. S7.7.6 Effective projected luminous lens area. S7.7.7 Visibility. S7.7.8 Indicator. S7.7.9 Markings. S7.7.10 Spacing to other lamps. S7.7.11 Multiple compartments and multiple lamps. S7.7.12 Ratio. S7.7.13 Photometry. S7.7.14 Physical tests. S7.7.15 Installation. S7.7.15.4 Incident light from single lamp. S7.7.15.5 Incident light from multiple lamps. S7.8 Parking lamps. S7.8.1 Number. S7.8.2 Color of light. S7.8.3 Mounting location. S7.8.4 Mounting height. S7.8.5 Activation. S7.8.6 Effective projected luminous lens area. S7.8.7 Visibility. S7.8.8 Indicator. S7.8.9 Markings. S7.8.10 Spacing to other lamps. S7.8.11 Multiple compartments and multiple lamps. S7.8.12 Ratio. S7.8.13 Photometry. S7.8.14 Physical tests. S7.9 High-mounted stop lamps. S7.9.1 Number. S7.9.2 Color of light. S7.9.3 Mounting location. S7.9.4 Mounting height. S7.9.5 Activation. S7.9.6 Effective projected luminous lens area. S7.9.7 Visibility. S7.9.8 Indicator. S7.9.9 Markings. S7.9.10 Spacing to other lamps. S7.9.11 Multiple compartments and multiple lamps. S7.9.12 Ratio. S7.9.13 Photometry. S7.9.14 Physical tests. S7.10 Daytime running lamps (DRLs). S7.10.1 Number. S7.10.2 Color of light. S7.10.3 Mounting location. S7.10.4 Mounting height. S7.10.5 Activation. S7.10.6 Effective projected luminous lens area. S7.10.7 Visibility. S7.10.8 Indicator. S7.10.9 Markings. S7.10.10 Spacing to other lamps. S7.10.10.1 Spacing to turn signal lamps. S7.10.11 Multiple compartments and multiple lamps. S7.10.12 Ratio. S7.10.13 Photometry. S7.10.14 Physical tests. S7.11 School bus signal lamps. S7.11.1 Number. S7.11.2 Color of light. S7.11.3 Mounting location. S7.11.4 Mounting height. S7.11.5 Activation. S7.11.6 Effective projected luminous lens area. S7.11.7 Visibility. S7.11.8 Indicator. S7.11.9 Markings. S7.11.10 Spacing to other lamps. S7.11.11 Multiple compartments and multiple lamps. S7.11.12 Ratio. S7.11.13 Photometry. S7.11.14 Physical tests. S8 Reflective device requirements. S8.1 Reflex reflectors. S8.1.1 Number. S8.1.2 Color. S8.1.3 Mounting location. S8.1.4 Mounting height. S8.1.5 Activation. S8.1.6 Effective projected luminous lens area. S8.1.7 Visibility. S8.1.8 Indicator. S8.1.9 Markings. S8.1.10 Spacing to other lamps or reflective devices. S8.1.11 Photometry. S8.1.12 Physical tests. S8.1.13 Alternative side reflex reflector material. S8.2 Conspicuity systems. S8.2.1 Retroreflective sheeting. S8.2.1.2 Retroreflective sheeting material. S8.2.1.3 Certification marking. S8.2.1.4 Application pattern. S8.2.1.4.1 Alternating red and white materials. S8.2.1.5 Application location. S8.2.1.6 Application spacing. S8.2.1.7 Photometry. S8.2.2 Conspicuity reflex reflectors. [[Page 1178]] S8.2.2.1 Certification marking. S8.2.2.2 Application pattern. S8.2.2.2.1 Alternating red and white materials. S8.2.2.2.2 White material. S8.2.2.3 Photometry. S8.2.3 Conspicuity system installation on trailers. S8.2.3.1 Trailer rear. S8.2.3.1.1 Element 1--alternating red and white materials. S8.2.3.1.2 Element 2--white. S8.2.3.1.3 Element 3--alternating red and white materials. S8.2.3.2 Trailer side-alternating red and white materials. S8.2.4 Conspicuity system installation on truck tractors. S8.2.4.1 Element 1--alternating red and white materials. S8.2.4.2 Element 2--white. S9 Associated equipment requirements. S9.1 Turn signal operating unit. S9.1.2 Physical tests. S9.2 Turn signal flasher. S9.2.2 Physical tests. S9.3 Turn signal pilot indicator. S9.3.4 Indicator size and color. S9.3.6 Turn signal lamp failure. S9.4 Headlamp beam switching device. S9.4.1 Semi-automatic headlamp beam switching device. S9.4.1.1 Operating instructions. S9.4.1.2 Manual override. S9.4.1.3 Fail safe operation. S9.4.1.4 Automatic dimming indicator. S9.4.1.5 Option 1 (Semiautomatic Headlamp Beam Switching Devices other than Adaptive Driving Beam systems). S9.4.1.5.1 Lens accessibility. S9.4.1.5.2 Mounting height. S9.4.1.5.3 Physical tests. S9.4.1.6 Option 2 (Adaptive Driving Beam systems). S9.4.1.7 Physical tests. S9.5 Upper beam headlamp indicator. S9.5.1 Indicator size and location. S9.6 Vehicular hazard warning signal operating unit. S9.6.2 Operating unit switch. S9.6.3 Physical tests. S9.7 Vehicular hazard warning signal flasher. S9.7.2 Physical tests. S9.8 Vehicular hazard warning signal pilot indicator. S9.8.4 Indicator size and color. S10 Headlighting system requirements. S10.1 Vehicle headlighting systems. S10.2 [Reserved]. S10.3 Number. S10.4 Color of light. S10.5 Mounting location. S10.6 Mounting height. S10.7 Activation. S10.8 Effective projected luminous lens area. S10.9 Visibility. S10.10 Indicator. S10.11 Markings. S10.12 Spacing to other lamps. S10.13 Sealed beam headlighting systems. S10.13.1 Installation. S10.13.2 Simultaneous aim. S10.13.3 Photometry. S10.13.4 Physical tests. S10.14 Integral beam headlighting systems. S10.14.1 Installation. S10.14.2 Aimability. S10.14.3 Simultaneous aim. S10.14.4 Markings. S10.14.5 Additional light sources. S10.14.6 Photometry. S10.14.7 Physical tests. S10.15 Replaceable bulb headlighting systems. S10.15.1 Installation. S10.15.2 Aiming restrictions. S10.15.3 Replacement lens reflector units. S10.15.4 Markings. S10.15.5 Additional light sources. S10.15.6 Photometry. S10.15.7 Physical tests. S10.16 Combination headlighting systems. S10.16.1 Installation. S10.16.2 Photometry. S10.16.3 Physical tests. S10.17 Motorcycle headlighting systems. S10.17.1 Installation. S10.17.1.1 Single headlamp. S10.17.1.2 Two headlamps with both beams. S10.17.1.3 Two headlamps, upper beam and lower beam. S10.17.2 Motorcycle replaceable bulb headlamp marking. S10.17.3 Photometry. S10.17.4 Physical tests. S10.17.5 Motorcycle headlamp modulation system. S10.17.5.1 Modulation. S10.17.5.2 Replacement modulators. S10.17.5.2.1 Replacement performance. S10.17.5.2.2 Replacement instructions. S10.18 Headlamp aimability performance requirements (except motorcycles). S10.18.1 Headlamp mounting and aiming. S10.18.2 Headlamp aiming systems. S10.18.3 Aim adjustment interaction. S10.18.4 Horizontal adjustment-visually aimed headlamp. S10.18.5 Optical axis marking. S10.18.5.1 Optical axis marking-vehicle. S10.18.5.2 Optical axis marking-lamp. S10.18.5.3 Optical axis marking-visual/optical aim headlamp. S10.18.6 Moveable reflectors. S10.18.7 External aiming. S10.18.7.1 Headlamp aiming device locating plates. S10.18.7.2 Nonadjustable headlamp aiming device locating plates. S10.18.8 On-vehicle aiming. S10.18.8.1 Aim. S10.18.8.1.1 Vertical aim. S10.18.8.1.2 Horizontal aim. S10.18.8.2 Aiming instructions. S10.18.8.3 Permanent calibration. S10.18.8.4 Replacement units. [[Page 1179]] S10.18.8.5 Physical tests. S10.18.9 Visual/optical aiming. S10.18.9.1 Vertical aim, lower beam. S10.18.9.1.1 Vertical position of the cutoff. S10.18.9.1.2 Vertical gradient. S10.18.9.1.3 Horizontal position of the cutoff. S10.18.9.1.4 Maximum inclination of the cutoff. S10.18.9.1.5 Measuring the cutoff parameter. S10.18.9.2 Horizontal aim, lower beam. S10.18.9.3 Vertical aim, upper beam. S10.18.9.4 Horizontal aim, upper beam. S10.18.9.5 Photometry. S10.18.9.6 Visual/optical aiming identification marking. S11 Replaceable light source requirements. S11.1 Markings. S11.2 Ballast markings. S11.3 Gas discharge laboratory life. S11.4 Physical tests. S12 Headlamp concealment device requirements. S12.7 Certification election. S13 Replaceable headlamp lens requirements. S14 Physical and photometry test procedures and performance requirements. S14.1 General test procedures and performance requirements. S14.1.2 Plastic optical materials. S14.1.4 Samples. S14.1.5 Laboratory facilities. S14.2 Photometric test procedures. S14.2.1 Photometry measurements for all lamps except license lamps, headlamps, and DRLs. S14.2.1.1 Mounting. S14.2.1.2 School bus signal lamp aiming. S14.2.1.3 Measurement distance. S14.2.1.4 Location of test points. S14.2.1.5 Multiple compartment and multiple lamp photometry of turn signal lamps, stop lamps, and taillamps. S14.2.1.6 Bulbs. S14.2.2 License plate lamp photometry. S14.2.2.1 Illumination surface. S14.2.2.2 Test stations. S14.2.3 Reflex reflector and retroreflective sheeting photometry. S14.2.3.1 Mounting. S14.2.3.2 Illumination source. S14.2.3.3 Measurement distance. S14.2.3.4 Test setup. S14.2.3.5 Photodetector. S14.2.3.6 Photometry surface. S14.2.3.7 Procedure. S14.2.3.8 Measurements. S14.2.3.8.1 Reflex reflectors. S14.2.3.8.2 Retroreflective sheeting. S14.2.3.8.3 Reflex reflector photometry measurement adjustments. S14.2.4 Daytime running lamp (DRL) photometry measurements. S14.2.5 Headlamp photometry measurements. S14.2.5.1 Mounting. S14.2.5.3 Measurement distance. S14.2.5.4 Seasoning and test voltage. S14.2.5.5 Aiming. S14.2.5.5.1 Mechanically aimable headlamps using an external aimer. S14.2.5.5.2 Mechanically aimable headlamps equipped with a VHAD. S14.2.5.5.3 Visually aimable lower beam headlamps-vertical aim. S14.2.5.5.4 Visually aimable lower beam headlamps-horizontal aim. S14.2.5.5.5 Visually aimable upper beam headlamps-vertical aim. S14.2.5.5.6 Visually aimable upper beam headlamps-horizontal aim. S14.2.5.5.7 Simultaneous aim Type F sealed beam headlamps and beam contributor integral beam headlamps. S14.2.5.5.8 Motorcycle headlamp-upper beam headlamps designed to comply with Table XX. S14.2.5.5.9 Motorcycle headlamp-lower beam headlamps designed to comply with Table XX. S14.2.5.6 Positioner. S14.2.5.7 Photometer. S14.2.5.7.2 Sensor. S14.2.5.8 Location of test points. S14.2.5.9 Beam contributor photometry measurements. S14.2.5.10 Moveable reflector aimed headlamp photometry measurements. S14.3 Motorcycle headlamp out of focus test procedure and performance requirements. S14.3.1 Procedure. S14.3.2 Performance requirements. S14.4 General test procedures and performance requirements. S14.4.1 Color test. S14.4.1.1 Samples. S14.4.1.2 General procedure. S14.4.1.3 Visual method. S14.4.1.3.1 Visual method procedure. S14.4.1.3.2 Visual method performance requirements. S14.4.1.3.2.1 Red. S14.4.1.3.2.2 Yellow (Amber). S14.4.1.3.2.3 White. S14.4.1.4 Tristimulus method. S14.4.1.4.1 Tristimulus method procedure. S14.4.1.4.2 Tristimulus method performance requirements. S14.4.1.4.2.1 Red. S14.4.1.4.2.2 Yellow (Amber). S14.4.1.4.2.3 White (achromatic). S14.4.1.4.2.4 Green. S14.4.1.4.2.5 Restricted Blue. S14.4.1.4.2.6 Signal Blue. S14.4.2 Plastic optical materials tests. S14.4.2.1 Samples. S14.4.2.2 Outdoor exposure test. S14.4.2.2.3 Procedure. S14.4.2.2.4 Performance requirements. S14.4.2.3 Heat test. S14.4.2.3.1 Procedure. S14.4.2.3.2 Performance requirements. S14.5 Signal lamp and reflective device physical test procedures and performance requirements. S14.5.1 Vibration test. S14.5.1.1 Procedure. S14.5.1.2 Performance requirements. [[Page 1180]] S14.5.2 Moisture test. S14.5.2.1 Procedure. S14.5.2.2 Performance requirements. S14.5.3 Dust test. S14.5.3.1 Samples. S14.5.3.2 Procedure. S14.5.3.3 Performance requirements. S14.5.4 Corrosion test. S14.5.4.1 Procedure. S14.5.4.2 Performance requirements. S14.6 Headlamp physical test procedures and performance requirements. S14.6.1 Abrasion test. S14.6.1.1 Procedure. S14.6.1.1.1 Abrading pad. S14.6.1.1.2 Abrading pad alignment. S14.6.1.1.3 Abrasion test procedure. S14.6.1.2 Performance requirements. S14.6.2 Chemical resistance test. S14.6.2.1 Procedure. S14.6.2.1.1 Test fluids. S14.6.2.1.2 Fluid application. S14.6.2.1.3 Test duration. S14.6.2.2 Performance requirements. S14.6.3 Corrosion test. S14.6.3.1 Procedure. S14.6.3.2 Performance requirements. S14.6.4 Corrosion-connector test. S14.6.4.1 Procedure. S14.6.4.2 Performance requirements. S14.6.5 Dust test. S14.6.5.1 Procedure. S14.6.5.2 Performance requirements. S14.6.6 Temperature cycle test and internal heat test. S14.6.6.1 Samples. S14.6.6.2 General procedure. S14.6.6.3 Temperature cycle test. S14.6.6.3.1 Procedure. S14.6.6.3.2 Performance requirements. S14.6.6.4 Internal heat test. S14.6.6.4.1 Procedure. S14.6.6.4.2 Performance requirements. S14.6.7 Humidity test. S14.6.7.1 Procedure. S14.6.7.2 Performance requirements. S14.6.8 Vibration test. S14.6.8.1 Samples. S14.6.8.2 Procedure. S14.6.8.3 Performance requirements. S14.6.9 Sealing test. S14.6.9.1 Procedure. S14.6.9.2 Performance requirements. S14.6.10 Chemical resistance test of reflectors of replaceable lens headlamps. S14.6.10.1 Procedure. S14.6.10.1.1 Test fluids. S14.6.10.1.2 Fluid application. S14.6.10.1.3 Test duration. S14.6.10.2 Performance requirements. S14.6.11 Corrosion resistance test of reflectors of replaceable lens headlamps. S14.6.11.1 Procedure. S14.6.11.2 Performance requirements. S14.6.12 Inward force test. S14.6.12.1 Procedure. S14.6.12.2 Performance requirements. S14.6.13 Torque deflection test. S14.6.13.1 Procedure. S14.6.13.2 Performance requirements. S14.6.14 Retaining ring test. S14.6.14.1 Procedure. S14.6.14.2 Performance requirements. S14.6.15 Headlamp connector test. S14.6.15.1 Procedure. S14.6.15.2 Performance requirements. S14.6.16 Headlamp wattage test. S14.6.16.1 Procedure. S14.6.16.2 Performance requirements. S14.6.17 Aiming adjustment test-laboratory. S14.6.17.1 Procedure. S14.6.17.2 Performance requirements. S14.6.18 Aiming adjustment test-on vehicle. S14.6.18.1 Procedure. S14.6.18.2 Performance requirements. S14.7 Replaceable light source physical test procedures and performance requirements. S14.7.1 Deflection test for replaceable light sources. S14.7.1.1 Procedure. S14.7.1.2 Performance requirements. S14.7.2 Pressure test for replaceable light sources. S14.7.2.1 Procedure. S14.7.2.2 Performance requirements. S14.7.3 Replaceable light source power and flux measurement procedure. S14.7.3.1 Seasoning. S14.7.3.1.1 Resistive filament source. S14.7.3.1.2 Discharge source. S14.7.3.2 Test voltage. S14.7.3.3 Luminous flux measurement. S14.7.3.3.1 Resistive filament light source setup. S14.7.3.3.3.2 Discharge light source setup. S14.8 Vehicle headlamp aiming devices (VHAD) physical test procedures and performance requirements. S14.8.1 Samples. S14.8.2 Scale graduation test. S14.8.2.1 Procedure. S14.8.2.2 Performance requirements. S14.8.3 Cold scale graduation test. S14.8.3.1 Procedure. S14.8.3.2 Performance requirements. S14.8.4 Hot scale graduation test. S14.8.4.1 Procedure. S14.8.4.2 Performance requirements. S14.8.5 Thermal cycle test. S14.8.5.1 Procedure. S14.8.5.2 Performance requirements. S14.8.6 Corrosion test. S14.8.6.1 Procedure. S14.8.6.2 Performance requirements. S14.8.7 Photometry test. S14.8.7.1 Procedure. S14.8.7.2 Performance requirements. S14.9 Associated equipment physical test procedures and performance requirements. S14.9.1 Turn signal operating unit durability test. S14.9.1.1 Power supply specifications. S14.9.1.2 Procedure. S14.9.1.3 Performance requirements. [[Page 1181]] S14.9.2 Vehicular hazard warning signal operating unit durability test. S14.9.2.1 Procedure. S14.9.2.2 Performance requirements. S14.9.3 Turn signal flasher and vehicular hazard warning flasher tests. S14.9.3.1 Standard test circuit. S14.9.3.1.1 Test circuit setup. S14.9.3.2 Power supply specifications. S14.9.3.2.1 Starting time, voltage drop, and flash rate and percent current ``on'' time tests. S14.9.3.2.2 Durability tests. S14.9.3.3 Turn signal flasher starting time test. S14.9.3.3.1 Samples. S14.9.3.3.2 Procedure. S14.9.3.3.3 Performance requirements. S14.9.3.4 Turn signal flasher voltage drop test. S14.9.3.4.1 Samples. S14.9.3.4.2 Procedure. S14.9.3.4.3 Performance requirements. S14.9.3.5 Turn signal flasher flash rate and percent current ``on'' time test. S14.9.3.5.1 Samples. S14.9.3.5.2 Procedure. S14.9.3.5.3 Performance requirements. S14.9.3.6 Turn signal flasher durability test. S14.9.3.6.1 Samples. S14.9.3.6.2 Procedure. S14.9.3.6.3 Performance requirements. S14.9.3.7 Vehicular hazard warning signal flasher starting time test. S14.9.3.7.1 Samples. S14.9.3.7.2 Procedure. S14.9.3.7.3 Performance requirements. S14.9.3.8 Vehicular hazard warning signal flasher voltage drop test. S14.9.3.8.1 Samples. S14.9.3.8.2 Procedure. S14.9.3.8.3 Performance requirements. S14.9.3.9 Vehicular hazard warning signal flasher flash rate and percent ``on'' time test. S14.9.3.9.1 Samples. S14.9.3.9.2 Procedure. S14.9.3.9.3 Performance requirements. S14.9.3.10 Vehicular hazard warning signal flasher durability test. S14.9.3.10.1 Samples. S14.9.3.10.2 Procedure. S14.9.3.10.3 Performance requirements. S14.9.3.11 Semiautomatic headlamp beam switching device tests. S14.9.3.11.1 Test conditions. S14.9.3.11.2 Sensitivity test. S14.9.3.11.2.1 Samples. S14.9.3.11.2.2 Procedure. S14.9.3.11.2.3 Performance requirements. S14.9.3.11.2.3.1 Operating limits. S14.9.3.11.3 Voltage regulation test. S14.9.3.11.3.1 Procedure. S14.9.3.11.3.2 Performance requirements. S14.9.3.11.4 Manual override test. S14.9.3.11.4.1 Procedure. S14.9.3.11.4.2 Performance requirements. S14.9.3.11.5 Warmup test. S14.9.3.11.5.1 Procedure. S14.9.3.11.5.2 Performance requirements. S14.9.3.11.6 Temperature test. S14.9.3.11.6.1 Procedure. S14.9.3.11.6.2 Performance requirements. S14.9.3.11.7 Dust test. S14.9.3.11.7.1 Procedure. S14.9.3.11.7.2 Performance requirements. S14.9.3.11.8 Corrosion test. S14.9.3.11.8.1 Procedure. S14.9.3.11.8.2 Performance requirements. S14.9.3.11.9 Vibration test. S14.9.3.11.9.1 Procedure. S14.9.3.11.9.2 Performance requirements. S14.9.3.11.10 Sunlight test. S14.9.3.11.10.1 Procedure. S14.9.3.11.10.2 Performance requirements. S14.9.3.11.11 Durability test. S14.9.3.11.11.1 Procedure. S14.9.3.11.11.2 Performance requirements. S14.9.3.11.12 Return to upper beam test. S14.9.3.11.12.1 Procedure. S14.9.3.11.12.2 Performance requirements. S14.9.3.12 Test for compliance with adaptive driving beam photometry requirements. S14.9.3.12.1 Test Scenarios. S14.9.3.12.2 Compliance Criteria. S14.9.3.12.3 Stimulus test fixtures. S14.9.3.12.4 Test vehicle preparation. S14.9.3.12.5 Test road. S14.9.3.12.6 Other test parameters and conditions. Table I-a Required lamps and reflective devices All passenger cars, multipurpose passenger vehicles (MPV), trucks, and buses Table I-b Required lamps and reflective devices All trailers Table I-c Required lamps and reflective devices All motorcycles Table II-a Headlighting systems Sealed beams Table II-b Headlighting systems Combination Table II-c Headlighting systems Integral beams Table II-d Headlighting systems Replaceable bulb Table III Marking requirements location Table IV-a Effective projected luminous lens area requirements Table IV-b Effective projected luminous lens area requirements Table IV-c Effective projected luminous lens area requirements Table V-a Visibility requirements of installed lighting devices Table V-b Visibility requirements of installed lighting devices Lens area visibility option Table V-c Visibility requirements of installed lighting devices Luminous intensity visibility option Table V-d Visibility requirements of installed lighting devices (Legacy visibility alternative) Table VI-a Front turn signal lamp photometry requirements Table VI-b Front turn signal lamp photometry requirements Table VII Rear turn signal lamp photometry requirements [[Page 1182]] Table VIII Taillamp photometry requirements Table IX Stop lamp photometry requirements Table X Side marker lamp photometry requirements Table XI Clearance and identification lamps photometry requirements Table XII Backup lamp photometry requirements Table XIII-a Motorcycle turn signal lamp alternative photometry requirements Table XIII-b Motor driven cycle stop lamp alternative photometry requirements Table XIV Parking lamp photometry requirements Table XV High-mounted stop lamp photometry requirements Table XVI-a Reflex reflector photometry requirements Table XVI-b Additional photometry requirements for conspicuity reflex reflectors Table XVI-c Retroreflective sheeting photometry requirements Table XVII School bus signal lamp photometry requirements Table XVIII Headlamp upper beam photometry requirements Table XIX-a Headlamp lower beam photometry requirements Table XIX-b Headlamp lower beam photometry requirements Table XIX-c Headlamp lower beam photometry requirements Table XX Motorcycle and motor driven cycle headlamp photometry requirements Table XXI Adaptive Driving Beam Photometry Requirements Table XXII Adaptive Driving Beam Test Matrix Figure 1 Chromaticity diagram Figure 2 Flasher performance chart Figure 3 Replaceable bulb headlamp aim pads Figure 4 Headlamp connector test setup Figure 5 Headlamp abrasion test fixture Figure 6 Thermal cycle test profile Figure 7 Dirt/Ambient test setup Figure 8 Replaceable light source deflection test setup Figure 9 Environmental test profile Figure 10 Replaceable light source pressure test setup Figure 11 Trailer conspicuity treatment examples Figure 12-1 Trailer conspicuity detail I Figure 12-2 Trailer conspicuity detail II Figure 13 Tractor conspicuity treatment examples Figure 14 92 x 150 Headlamp aim deflection test setup Figure 15 Types G and H headlamp aim deflection test setup Figure 16 Types A and E headlamp aim deflection test setup Figure 17 Type B headlamp aim deflection test setup Figure 18 Types C and D headlamp aim deflection test setup Figure 19 License plate lamp target locations Figure 20 License plate lamp measurement of incident light angle Figure 21 Vibration test machine Figure 22 Flasher standard test circuit Figure 23 Car/Truck opposite direction stimulus test fixture dimensions Figure 24 Car/Truck same direction stimulus test fixture dimensions Figure 25 Motorcycle opposite direction stimulus test fixture dimensions Figure 26 Motorcycle same direction stimulus test fixture dimensions Figure 27 Opposite direction test scenarios Figure 28 Same direction test scenarios Figure 29 Left Curve Test Scenarios Figure 30 Right Curve Test Scenarios [87 FR 10021, Feb. 22, 2022] [[Page 1183]] FINDING AIDS -------------------------------------------------------------------- A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually. Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected [[Page 1185]] Table of CFR Titles and Chapters (Revised as of October 1, 2022) Title 1--General Provisions I Administrative Committee of the Federal Register (Parts 1--49) II Office of the Federal Register (Parts 50--299) III Administrative Conference of the United States (Parts 300--399) IV Miscellaneous Agencies (Parts 400--599) VI National Capital Planning Commission (Parts 600--699) Title 2--Grants and Agreements Subtitle A--Office of Management and Budget Guidance for Grants and Agreements I Office of Management and Budget Governmentwide Guidance for Grants and Agreements (Parts 2--199) II Office of Management and Budget Guidance (Parts 200-- 299) Subtitle B--Federal Agency Regulations for Grants and Agreements III Department of Health and Human Services (Parts 300-- 399) IV Department of Agriculture (Parts 400--499) VI Department of State (Parts 600--699) VII Agency for International Development (Parts 700--799) VIII Department of Veterans Affairs (Parts 800--899) IX Department of Energy (Parts 900--999) X Department of the Treasury (Parts 1000--1099) XI Department of Defense (Parts 1100--1199) XII Department of Transportation (Parts 1200--1299) XIII Department of Commerce (Parts 1300--1399) XIV Department of the Interior (Parts 1400--1499) XV Environmental Protection Agency (Parts 1500--1599) XVIII National Aeronautics and Space Administration (Parts 1800--1899) XX United States Nuclear Regulatory Commission (Parts 2000--2099) XXII Corporation for National and Community Service (Parts 2200--2299) XXIII Social Security Administration (Parts 2300--2399) XXIV Department of Housing and Urban Development (Parts 2400--2499) XXV National Science Foundation (Parts 2500--2599) XXVI National Archives and Records Administration (Parts 2600--2699) [[Page 1186]] XXVII Small Business Administration (Parts 2700--2799) XXVIII Department of Justice (Parts 2800--2899) XXIX Department of Labor (Parts 2900--2999) XXX Department of Homeland Security (Parts 3000--3099) XXXI Institute of Museum and Library Services (Parts 3100-- 3199) XXXII National Endowment for the Arts (Parts 3200--3299) XXXIII National Endowment for the Humanities (Parts 3300-- 3399) XXXIV Department of Education (Parts 3400--3499) XXXV Export-Import Bank of the United States (Parts 3500-- 3599) XXXVI Office of National Drug Control Policy, Executive Office of the President (Parts 3600--3699) XXXVII Peace Corps (Parts 3700--3799) LVIII Election Assistance Commission (Parts 5800--5899) LIX Gulf Coast Ecosystem Restoration Council (Parts 5900-- 5999) Title 3--The President I Executive Office of the President (Parts 100--199) Title 4--Accounts I Government Accountability Office (Parts 1--199) Title 5--Administrative Personnel I Office of Personnel Management (Parts 1--1199) II Merit Systems Protection Board (Parts 1200--1299) III Office of Management and Budget (Parts 1300--1399) IV Office of Personnel Management and Office of the Director of National Intelligence (Parts 1400-- 1499) V The International Organizations Employees Loyalty Board (Parts 1500--1599) VI Federal Retirement Thrift Investment Board (Parts 1600--1699) VIII Office of Special Counsel (Parts 1800--1899) IX Appalachian Regional Commission (Parts 1900--1999) XI Armed Forces Retirement Home (Parts 2100--2199) XIV Federal Labor Relations Authority, General Counsel of the Federal Labor Relations Authority and Federal Service Impasses Panel (Parts 2400--2499) XVI Office of Government Ethics (Parts 2600--2699) XXI Department of the Treasury (Parts 3100--3199) XXII Federal Deposit Insurance Corporation (Parts 3200-- 3299) XXIII Department of Energy (Parts 3300--3399) XXIV Federal Energy Regulatory Commission (Parts 3400-- 3499) XXV Department of the Interior (Parts 3500--3599) XXVI Department of Defense (Parts 3600--3699) [[Page 1187]] XXVIII Department of Justice (Parts 3800--3899) XXIX Federal Communications Commission (Parts 3900--3999) XXX Farm Credit System Insurance Corporation (Parts 4000-- 4099) XXXI Farm Credit Administration (Parts 4100--4199) XXXIII U.S. International Development Finance Corporation (Parts 4300--4399) XXXIV Securities and Exchange Commission (Parts 4400--4499) XXXV Office of Personnel Management (Parts 4500--4599) XXXVI Department of Homeland Security (Parts 4600--4699) XXXVII Federal Election Commission (Parts 4700--4799) XL Interstate Commerce Commission (Parts 5000--5099) XLI Commodity Futures Trading Commission (Parts 5100-- 5199) XLII Department of Labor (Parts 5200--5299) XLIII National Science Foundation (Parts 5300--5399) XLV Department of Health and Human Services (Parts 5500-- 5599) XLVI Postal Rate Commission (Parts 5600--5699) XLVII Federal Trade Commission (Parts 5700--5799) XLVIII Nuclear Regulatory Commission (Parts 5800--5899) XLIX Federal Labor Relations Authority (Parts 5900--5999) L Department of Transportation (Parts 6000--6099) LII Export-Import Bank of the United States (Parts 6200-- 6299) LIII Department of Education (Parts 6300--6399) LIV Environmental Protection Agency (Parts 6400--6499) LV National Endowment for the Arts (Parts 6500--6599) LVI National Endowment for the Humanities (Parts 6600-- 6699) LVII General Services Administration (Parts 6700--6799) LVIII Board of Governors of the Federal Reserve System (Parts 6800--6899) LIX National Aeronautics and Space Administration (Parts 6900--6999) LX United States Postal Service (Parts 7000--7099) LXI National Labor Relations Board (Parts 7100--7199) LXII Equal Employment Opportunity Commission (Parts 7200-- 7299) LXIII Inter-American Foundation (Parts 7300--7399) LXIV Merit Systems Protection Board (Parts 7400--7499) LXV Department of Housing and Urban Development (Parts 7500--7599) LXVI National Archives and Records Administration (Parts 7600--7699) LXVII Institute of Museum and Library Services (Parts 7700-- 7799) LXVIII Commission on Civil Rights (Parts 7800--7899) LXIX Tennessee Valley Authority (Parts 7900--7999) LXX Court Services and Offender Supervision Agency for the District of Columbia (Parts 8000--8099) LXXI Consumer Product Safety Commission (Parts 8100--8199) LXXIII Department of Agriculture (Parts 8300--8399) [[Page 1188]] LXXIV Federal Mine Safety and Health Review Commission (Parts 8400--8499) LXXVI Federal Retirement Thrift Investment Board (Parts 8600--8699) LXXVII Office of Management and Budget (Parts 8700--8799) LXXX Federal Housing Finance Agency (Parts 9000--9099) LXXXIII Special Inspector General for Afghanistan Reconstruction (Parts 9300--9399) LXXXIV Bureau of Consumer Financial Protection (Parts 9400-- 9499) LXXXVI National Credit Union Administration (Parts 9600-- 9699) XCVII Department of Homeland Security Human Resources Management System (Department of Homeland Security--Office of Personnel Management) (Parts 9700--9799) XCVIII Council of the Inspectors General on Integrity and Efficiency (Parts 9800--9899) XCIX Military Compensation and Retirement Modernization Commission (Parts 9900--9999) C National Council on Disability (Parts 10000--10049) CI National Mediation Board (Parts 10100--10199) CII U.S. Office of Special Counsel (Parts 10200--10299) Title 6--Domestic Security I Department of Homeland Security, Office of the Secretary (Parts 1--199) X Privacy and Civil Liberties Oversight Board (Parts 1000--1099) Title 7--Agriculture Subtitle A--Office of the Secretary of Agriculture (Parts 0--26) Subtitle B--Regulations of the Department of Agriculture I Agricultural Marketing Service (Standards, Inspections, Marketing Practices), Department of Agriculture (Parts 27--209) II Food and Nutrition Service, Department of Agriculture (Parts 210--299) III Animal and Plant Health Inspection Service, Department of Agriculture (Parts 300--399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400--499) V Agricultural Research Service, Department of Agriculture (Parts 500--599) VI Natural Resources Conservation Service, Department of Agriculture (Parts 600--699) VII Farm Service Agency, Department of Agriculture (Parts 700--799) VIII Agricultural Marketing Service (Federal Grain Inspection Service, Fair Trade Practices Program), Department of Agriculture (Parts 800--899) [[Page 1189]] IX Agricultural Marketing Service (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900--999) X Agricultural Marketing Service (Marketing Agreements and Orders; Milk), Department of Agriculture (Parts 1000--1199) XI Agricultural Marketing Service (Marketing Agreements and Orders; Miscellaneous Commodities), Department of Agriculture (Parts 1200--1299) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400--1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500--1599) XVI [Reserved] XVII Rural Utilities Service, Department of Agriculture (Parts 1700--1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Department of Agriculture (Parts 1800-- 2099) XX [Reserved] XXV Office of Advocacy and Outreach, Department of Agriculture (Parts 2500--2599) XXVI Office of Inspector General, Department of Agriculture (Parts 2600--2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700--2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800--2899) XXIX Office of Energy Policy and New Uses, Department of Agriculture (Parts 2900--2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000--3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100--3199) XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200--3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300--3399) XXXIV National Institute of Food and Agriculture (Parts 3400--3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500--3599) XXXVI National Agricultural Statistics Service, Department of Agriculture (Parts 3600--3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700--3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800--3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200-- 4299) [[Page 1190]] L Rural Business-Cooperative Service, and Rural Utilities Service, Department of Agriculture (Parts 5000--5099) Title 8--Aliens and Nationality I Department of Homeland Security (Parts 1--499) V Executive Office for Immigration Review, Department of Justice (Parts 1000--1399) Title 9--Animals and Animal Products I Animal and Plant Health Inspection Service, Department of Agriculture (Parts 1--199) II Agricultural Marketing Service (Fair Trade Practices Program), Department of Agriculture (Parts 200-- 299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300--599) Title 10--Energy I Nuclear Regulatory Commission (Parts 0--199) II Department of Energy (Parts 200--699) III Department of Energy (Parts 700--999) X Department of Energy (General Provisions) (Parts 1000--1099) XIII Nuclear Waste Technical Review Board (Parts 1300-- 1399) XVII Defense Nuclear Facilities Safety Board (Parts 1700-- 1799) XVIII Northeast Interstate Low-Level Radioactive Waste Commission (Parts 1800--1899) Title 11--Federal Elections I Federal Election Commission (Parts 1--9099) II Election Assistance Commission (Parts 9400--9499) Title 12--Banks and Banking I Comptroller of the Currency, Department of the Treasury (Parts 1--199) II Federal Reserve System (Parts 200--299) III Federal Deposit Insurance Corporation (Parts 300--399) IV Export-Import Bank of the United States (Parts 400-- 499) V [Reserved] VI Farm Credit Administration (Parts 600--699) VII National Credit Union Administration (Parts 700--799) VIII Federal Financing Bank (Parts 800--899) IX (Parts 900--999) [Reserved] X Bureau of Consumer Financial Protection (Parts 1000-- 1099) [[Page 1191]] XI Federal Financial Institutions Examination Council (Parts 1100--1199) XII Federal Housing Finance Agency (Parts 1200--1299) XIII Financial Stability Oversight Council (Parts 1300-- 1399) XIV Farm Credit System Insurance Corporation (Parts 1400-- 1499) XV Department of the Treasury (Parts 1500--1599) XVI Office of Financial Research, Department of the Treasury (Parts 1600--1699) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700--1799) XVIII Community Development Financial Institutions Fund, Department of the Treasury (Parts 1800--1899) Title 13--Business Credit and Assistance I Small Business Administration (Parts 1--199) III Economic Development Administration, Department of Commerce (Parts 300--399) IV Emergency Steel Guarantee Loan Board (Parts 400--499) V Emergency Oil and Gas Guaranteed Loan Board (Parts 500--599) Title 14--Aeronautics and Space I Federal Aviation Administration, Department of Transportation (Parts 1--199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200--399) III Commercial Space Transportation, Federal Aviation Administration, Department of Transportation (Parts 400--1199) V National Aeronautics and Space Administration (Parts 1200--1299) VI Air Transportation System Stabilization (Parts 1300-- 1399) Title 15--Commerce and Foreign Trade Subtitle A--Office of the Secretary of Commerce (Parts 0--29) Subtitle B--Regulations Relating to Commerce and Foreign Trade I Bureau of the Census, Department of Commerce (Parts 30--199) II National Institute of Standards and Technology, Department of Commerce (Parts 200--299) III International Trade Administration, Department of Commerce (Parts 300--399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400--499) VII Bureau of Industry and Security, Department of Commerce (Parts 700--799) [[Page 1192]] VIII Bureau of Economic Analysis, Department of Commerce (Parts 800--899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900--999) XI National Technical Information Service, Department of Commerce (Parts 1100--1199) XIII East-West Foreign Trade Board (Parts 1300--1399) XIV Minority Business Development Agency (Parts 1400-- 1499) XV Office of the Under-Secretary for Economic Affairs, Department of Commerce (Parts 1500--1599) Subtitle C--Regulations Relating to Foreign Trade Agreements XX Office of the United States Trade Representative (Parts 2000--2099) Subtitle D--Regulations Relating to Telecommunications and Information XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300--2399) [Reserved] Title 16--Commercial Practices I Federal Trade Commission (Parts 0--999) II Consumer Product Safety Commission (Parts 1000--1799) Title 17--Commodity and Securities Exchanges I Commodity Futures Trading Commission (Parts 1--199) II Securities and Exchange Commission (Parts 200--399) IV Department of the Treasury (Parts 400--499) Title 18--Conservation of Power and Water Resources I Federal Energy Regulatory Commission, Department of Energy (Parts 1--399) III Delaware River Basin Commission (Parts 400--499) VI Water Resources Council (Parts 700--799) VIII Susquehanna River Basin Commission (Parts 800--899) XIII Tennessee Valley Authority (Parts 1300--1399) Title 19--Customs Duties I U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (Parts 0--199) II United States International Trade Commission (Parts 200--299) III International Trade Administration, Department of Commerce (Parts 300--399) IV U.S. Immigration and Customs Enforcement, Department of Homeland Security (Parts 400--599) [Reserved] [[Page 1193]] Title 20--Employees' Benefits I Office of Workers' Compensation Programs, Department of Labor (Parts 1--199) II Railroad Retirement Board (Parts 200--399) III Social Security Administration (Parts 400--499) IV Employees' Compensation Appeals Board, Department of Labor (Parts 500--599) V Employment and Training Administration, Department of Labor (Parts 600--699) VI Office of Workers' Compensation Programs, Department of Labor (Parts 700--799) VII Benefits Review Board, Department of Labor (Parts 800--899) VIII Joint Board for the Enrollment of Actuaries (Parts 900--999) IX Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor (Parts 1000--1099) Title 21--Food and Drugs I Food and Drug Administration, Department of Health and Human Services (Parts 1--1299) II Drug Enforcement Administration, Department of Justice (Parts 1300--1399) III Office of National Drug Control Policy (Parts 1400-- 1499) Title 22--Foreign Relations I Department of State (Parts 1--199) II Agency for International Development (Parts 200--299) III Peace Corps (Parts 300--399) IV International Joint Commission, United States and Canada (Parts 400--499) V United States Agency for Global Media (Parts 500--599) VII U.S. International Development Finance Corporation (Parts 700--799) IX Foreign Service Grievance Board (Parts 900--999) X Inter-American Foundation (Parts 1000--1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100--1199) XII United States International Development Cooperation Agency (Parts 1200--1299) XIII Millennium Challenge Corporation (Parts 1300--1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400--1499) XV African Development Foundation (Parts 1500--1599) XVI Japan-United States Friendship Commission (Parts 1600--1699) XVII United States Institute of Peace (Parts 1700--1799) [[Page 1194]] Title 23--Highways I Federal Highway Administration, Department of Transportation (Parts 1--999) II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200--1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300--1399) Title 24--Housing and Urban Development Subtitle A--Office of the Secretary, Department of Housing and Urban Development (Parts 0--99) Subtitle B--Regulations Relating to Housing and Urban Development I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100--199) II Office of Assistant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development (Parts 200--299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300--399) IV Office of Housing and Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Development (Parts 400--499) V Office of Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development (Parts 500--599) VI Office of Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development (Parts 600--699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Development (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700-- 799) VIII Office of the Assistant Secretary for Housing--Federal Housing Commissioner, Department of Housing and Urban Development (Section 8 Housing Assistance Programs, Section 202 Direct Loan Program, Section 202 Supportive Housing for the Elderly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800--899) IX Office of Assistant Secretary for Public and Indian Housing, Department of Housing and Urban Development (Parts 900--1699) X Office of Assistant Secretary for Housing--Federal Housing Commissioner, Department of Housing and Urban Development (Interstate Land Sales Registration Program) (Parts 1700--1799) [Reserved] XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000--2099) XV Emergency Mortgage Insurance and Loan Programs, Department of Housing and Urban Development (Parts 2700--2799) [Reserved] [[Page 1195]] XX Office of Assistant Secretary for Housing--Federal Housing Commissioner, Department of Housing and Urban Development (Parts 3200--3899) XXIV Board of Directors of the HOPE for Homeowners Program (Parts 4000--4099) [Reserved] XXV Neighborhood Reinvestment Corporation (Parts 4100-- 4199) Title 25--Indians I Bureau of Indian Affairs, Department of the Interior (Parts 1--299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300--399) III National Indian Gaming Commission, Department of the Interior (Parts 500--599) IV Office of Navajo and Hopi Indian Relocation (Parts 700--899) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900--999) VI Office of the Assistant Secretary, Indian Affairs, Department of the Interior (Parts 1000--1199) VII Office of the Special Trustee for American Indians, Department of the Interior (Parts 1200--1299) Title 26--Internal Revenue I Internal Revenue Service, Department of the Treasury (Parts 1--End) Title 27--Alcohol, Tobacco Products and Firearms I Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (Parts 1--399) II Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice (Parts 400--799) Title 28--Judicial Administration I Department of Justice (Parts 0--299) III Federal Prison Industries, Inc., Department of Justice (Parts 300--399) V Bureau of Prisons, Department of Justice (Parts 500-- 599) VI Offices of Independent Counsel, Department of Justice (Parts 600--699) VII Office of Independent Counsel (Parts 700--799) VIII Court Services and Offender Supervision Agency for the District of Columbia (Parts 800--899) IX National Crime Prevention and Privacy Compact Council (Parts 900--999) [[Page 1196]] XI Department of Justice and Department of State (Parts 1100--1199) Title 29--Labor Subtitle A--Office of the Secretary of Labor (Parts 0--99) Subtitle B--Regulations Relating to Labor I National Labor Relations Board (Parts 100--199) II Office of Labor-Management Standards, Department of Labor (Parts 200--299) III National Railroad Adjustment Board (Parts 300--399) IV Office of Labor-Management Standards, Department of Labor (Parts 400--499) V Wage and Hour Division, Department of Labor (Parts 500--899) IX Construction Industry Collective Bargaining Commission (Parts 900--999) X National Mediation Board (Parts 1200--1299) XII Federal Mediation and Conciliation Service (Parts 1400--1499) XIV Equal Employment Opportunity Commission (Parts 1600-- 1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900--1999) XX Occupational Safety and Health Review Commission (Parts 2200--2499) XXV Employee Benefits Security Administration, Department of Labor (Parts 2500--2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700--2799) XL Pension Benefit Guaranty Corporation (Parts 4000-- 4999) Title 30--Mineral Resources I Mine Safety and Health Administration, Department of Labor (Parts 1--199) II Bureau of Safety and Environmental Enforcement, Department of the Interior (Parts 200--299) IV Geological Survey, Department of the Interior (Parts 400--499) V Bureau of Ocean Energy Management, Department of the Interior (Parts 500--599) VII Office of Surface Mining Reclamation and Enforcement, Department of the Interior (Parts 700--999) XII Office of Natural Resources Revenue, Department of the Interior (Parts 1200--1299) Title 31--Money and Finance: Treasury Subtitle A--Office of the Secretary of the Treasury (Parts 0--50) Subtitle B--Regulations Relating to Money and Finance [[Page 1197]] I Monetary Offices, Department of the Treasury (Parts 51--199) II Fiscal Service, Department of the Treasury (Parts 200--399) IV Secret Service, Department of the Treasury (Parts 400--499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500--599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600--699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700--799) VIII Office of Investment Security, Department of the Treasury (Parts 800--899) IX Federal Claims Collection Standards (Department of the Treasury--Department of Justice) (Parts 900--999) X Financial Crimes Enforcement Network, Department of the Treasury (Parts 1000--1099) Title 32--National Defense Subtitle A--Department of Defense I Office of the Secretary of Defense (Parts 1--399) V Department of the Army (Parts 400--699) VI Department of the Navy (Parts 700--799) VII Department of the Air Force (Parts 800--1099) Subtitle B--Other Regulations Relating to National Defense XII Department of Defense, Defense Logistics Agency (Parts 1200--1299) XVI Selective Service System (Parts 1600--1699) XVII Office of the Director of National Intelligence (Parts 1700--1799) XVIII National Counterintelligence Center (Parts 1800--1899) XIX Central Intelligence Agency (Parts 1900--1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000-- 2099) XXI National Security Council (Parts 2100--2199) XXIV Office of Science and Technology Policy (Parts 2400-- 2499) XXVII Office for Micronesian Status Negotiations (Parts 2700--2799) XXVIII Office of the Vice President of the United States (Parts 2800--2899) Title 33--Navigation and Navigable Waters I Coast Guard, Department of Homeland Security (Parts 1--199) II Corps of Engineers, Department of the Army, Department of Defense (Parts 200--399) IV Great Lakes St. Lawrence Seaway Development Corporation, Department of Transportation (Parts 400--499) [[Page 1198]] Title 34--Education Subtitle A--Office of the Secretary, Department of Education (Parts 1--99) Subtitle B--Regulations of the Offices of the Department of Education I Office for Civil Rights, Department of Education (Parts 100--199) II Office of Elementary and Secondary Education, Department of Education (Parts 200--299) III Office of Special Education and Rehabilitative Services, Department of Education (Parts 300--399) IV Office of Career, Technical, and Adult Education, Department of Education (Parts 400--499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500--599) [Reserved] VI Office of Postsecondary Education, Department of Education (Parts 600--699) VII Office of Educational Research and Improvement, Department of Education (Parts 700--799) [Reserved] Subtitle C--Regulations Relating to Education XI [Reserved] XII National Council on Disability (Parts 1200--1299) Title 35 [Reserved] Title 36--Parks, Forests, and Public Property I National Park Service, Department of the Interior (Parts 1--199) II Forest Service, Department of Agriculture (Parts 200-- 299) III Corps of Engineers, Department of the Army (Parts 300--399) IV American Battle Monuments Commission (Parts 400--499) V Smithsonian Institution (Parts 500--599) VI [Reserved] VII Library of Congress (Parts 700--799) VIII Advisory Council on Historic Preservation (Parts 800-- 899) IX Pennsylvania Avenue Development Corporation (Parts 900--999) X Presidio Trust (Parts 1000--1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100--1199) XII National Archives and Records Administration (Parts 1200--1299) XV Oklahoma City National Memorial Trust (Parts 1500-- 1599) XVI Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation (Parts 1600--1699) Title 37--Patents, Trademarks, and Copyrights I United States Patent and Trademark Office, Department of Commerce (Parts 1--199) II U.S. Copyright Office, Library of Congress (Parts 200--299) [[Page 1199]] III Copyright Royalty Board, Library of Congress (Parts 300--399) IV National Institute of Standards and Technology, Department of Commerce (Parts 400--599) Title 38--Pensions, Bonuses, and Veterans' Relief I Department of Veterans Affairs (Parts 0--199) II Armed Forces Retirement Home (Parts 200--299) Title 39--Postal Service I United States Postal Service (Parts 1--999) III Postal Regulatory Commission (Parts 3000--3099) Title 40--Protection of Environment I Environmental Protection Agency (Parts 1--1099) IV Environmental Protection Agency and Department of Justice (Parts 1400--1499) V Council on Environmental Quality (Parts 1500--1599) VI Chemical Safety and Hazard Investigation Board (Parts 1600--1699) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700--1799) VIII Gulf Coast Ecosystem Restoration Council (Parts 1800-- 1899) IX Federal Permitting Improvement Steering Council (Part 1900) Title 41--Public Contracts and Property Management Subtitle A--Federal Procurement Regulations System [Note] Subtitle B--Other Provisions Relating to Public Contracts 50 Public Contracts, Department of Labor (Parts 50-1--50- 999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51-1--51-99) 60 Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Parts 60-1--60-999) 61 Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor (Parts 61-1--61-999) 62--100 [Reserved] Subtitle C--Federal Property Management Regulations System 101 Federal Property Management Regulations (Parts 101-1-- 101-99) 102 Federal Management Regulation (Parts 102-1--102-299) 103--104 [Reserved] 105 General Services Administration (Parts 105-1--105-999) [[Page 1200]] 109 Department of Energy Property Management Regulations (Parts 109-1--109-99) 114 Department of the Interior (Parts 114-1--114-99) 115 Environmental Protection Agency (Parts 115-1--115-99) 128 Department of Justice (Parts 128-1--128-99) 129--200 [Reserved] Subtitle D--Federal Acquisition Supply Chain Security 201 Federal Acquisition Security Council (Parts 201-1-- 201-99) Subtitle E [Reserved] Subtitle F--Federal Travel Regulation System 300 General (Parts 300-1--300-99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301-1-- 301-99) 302 Relocation Allowances (Parts 302-1--302-99) 303 Payment of Expenses Connected with the Death of Certain Employees (Part 303-1--303-99) 304 Payment of Travel Expenses from a Non-Federal Source (Parts 304-1--304-99) Title 42--Public Health I Public Health Service, Department of Health and Human Services (Parts 1--199) II--III [Reserved] IV Centers for Medicare & Medicaid Services, Department of Health and Human Services (Parts 400--699) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000--1099) Title 43--Public Lands: Interior Subtitle A--Office of the Secretary of the Interior (Parts 1--199) Subtitle B--Regulations Relating to Public Lands I Bureau of Reclamation, Department of the Interior (Parts 400--999) II Bureau of Land Management, Department of the Interior (Parts 1000--9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000--10099) Title 44--Emergency Management and Assistance I Federal Emergency Management Agency, Department of Homeland Security (Parts 0--399) IV Department of Commerce and Department of Transportation (Parts 400--499) [[Page 1201]] Title 45--Public Welfare Subtitle A--Department of Health and Human Services (Parts 1--199) Subtitle B--Regulations Relating to Public Welfare II Office of Family Assistance (Assistance Programs), Administration for Children and Families, Department of Health and Human Services (Parts 200--299) III Office of Child Support Enforcement (Child Support Enforcement Program), Administration for Children and Families, Department of Health and Human Services (Parts 300--399) IV Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services (Parts 400--499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500--599) VI National Science Foundation (Parts 600--699) VII Commission on Civil Rights (Parts 700--799) VIII Office of Personnel Management (Parts 800--899) IX Denali Commission (Parts 900--999) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000--1099) XI National Foundation on the Arts and the Humanities (Parts 1100--1199) XII Corporation for National and Community Service (Parts 1200--1299) XIII Administration for Children and Families, Department of Health and Human Services (Parts 1300--1399) XVI Legal Services Corporation (Parts 1600--1699) XVII National Commission on Libraries and Information Science (Parts 1700--1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800-- 1899) XXI Commission of Fine Arts (Parts 2100--2199) XXIII Arctic Research Commission (Parts 2300--2399) XXIV James Madison Memorial Fellowship Foundation (Parts 2400--2499) XXV Corporation for National and Community Service (Parts 2500--2599) Title 46--Shipping I Coast Guard, Department of Homeland Security (Parts 1--199) II Maritime Administration, Department of Transportation (Parts 200--399) III Coast Guard (Great Lakes Pilotage), Department of Homeland Security (Parts 400--499) IV Federal Maritime Commission (Parts 500--599) [[Page 1202]] Title 47--Telecommunication I Federal Communications Commission (Parts 0--199) II Office of Science and Technology Policy and National Security Council (Parts 200--299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300--399) IV National Telecommunications and Information Administration, Department of Commerce, and National Highway Traffic Safety Administration, Department of Transportation (Parts 400--499) V The First Responder Network Authority (Parts 500--599) Title 48--Federal Acquisition Regulations System 1 Federal Acquisition Regulation (Parts 1--99) 2 Defense Acquisition Regulations System, Department of Defense (Parts 200--299) 3 Department of Health and Human Services (Parts 300-- 399) 4 Department of Agriculture (Parts 400--499) 5 General Services Administration (Parts 500--599) 6 Department of State (Parts 600--699) 7 Agency for International Development (Parts 700--799) 8 Department of Veterans Affairs (Parts 800--899) 9 Department of Energy (Parts 900--999) 10 Department of the Treasury (Parts 1000--1099) 12 Department of Transportation (Parts 1200--1299) 13 Department of Commerce (Parts 1300--1399) 14 Department of the Interior (Parts 1400--1499) 15 Environmental Protection Agency (Parts 1500--1599) 16 Office of Personnel Management Federal Employees Health Benefits Acquisition Regulation (Parts 1600--1699) 17 Office of Personnel Management (Parts 1700--1799) 18 National Aeronautics and Space Administration (Parts 1800--1899) 19 Broadcasting Board of Governors (Parts 1900--1999) 20 Nuclear Regulatory Commission (Parts 2000--2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100--2199) 23 Social Security Administration (Parts 2300--2399) 24 Department of Housing and Urban Development (Parts 2400--2499) 25 National Science Foundation (Parts 2500--2599) 28 Department of Justice (Parts 2800--2899) 29 Department of Labor (Parts 2900--2999) 30 Department of Homeland Security, Homeland Security Acquisition Regulation (HSAR) (Parts 3000--3099) 34 Department of Education Acquisition Regulation (Parts 3400--3499) [[Page 1203]] 51 Department of the Army Acquisition Regulations (Parts 5100--5199) [Reserved] 52 Department of the Navy Acquisition Regulations (Parts 5200--5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300--5399) [Reserved] 54 Defense Logistics Agency, Department of Defense (Parts 5400--5499) 57 African Development Foundation (Parts 5700--5799) 61 Civilian Board of Contract Appeals, General Services Administration (Parts 6100--6199) 99 Cost Accounting Standards Board, Office of Federal Procurement Policy, Office of Management and Budget (Parts 9900--9999) Title 49--Transportation Subtitle A--Office of the Secretary of Transportation (Parts 1--99) Subtitle B--Other Regulations Relating to Transportation I Pipeline and Hazardous Materials Safety Administration, Department of Transportation (Parts 100--199) II Federal Railroad Administration, Department of Transportation (Parts 200--299) III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300--399) IV Coast Guard, Department of Homeland Security (Parts 400--499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500--599) VI Federal Transit Administration, Department of Transportation (Parts 600--699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700--799) VIII National Transportation Safety Board (Parts 800--999) X Surface Transportation Board (Parts 1000--1399) XI Research and Innovative Technology Administration, Department of Transportation (Parts 1400--1499) [Reserved] XII Transportation Security Administration, Department of Homeland Security (Parts 1500--1699) Title 50--Wildlife and Fisheries I United States Fish and Wildlife Service, Department of the Interior (Parts 1--199) II National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 200--299) III International Fishing and Related Activities (Parts 300--399) [[Page 1204]] IV Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations (Parts 400--499) V Marine Mammal Commission (Parts 500--599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600--699) [[Page 1205]] Alphabetical List of Agencies Appearing in the CFR (Revised as of October 1, 2022) CFR Title, Subtitle or Agency Chapter Administrative Conference of the United States 1, III Advisory Council on Historic Preservation 36, VIII Advocacy and Outreach, Office of 7, XXV Afghanistan Reconstruction, Special Inspector 5, LXXXIII General for African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development 2, VII; 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9, II Agricultural Research Service 7, V Agriculture, Department of 2, IV; 5, LXXIII Advocacy and Outreach, Office of 7, XXV Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9, II Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Economic Research Service 7, XXXVII Energy Policy and New Uses, Office of 2, IX; 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National Institute of Food and Agriculture 7, XXXIV Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Utilities Service 7, XVII, XVIII, XLII Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force, Department of 32, VII Federal Acquisition Regulation Supplement 48, 53 Air Transportation Stabilization Board 14, VI Alcohol and Tobacco Tax and Trade Bureau 27, I Alcohol, Tobacco, Firearms, and Explosives, 27, II Bureau of AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII Animal and Plant Health Inspection Service 7, III; 9, I Appalachian Regional Commission 5, IX Architectural and Transportation Barriers 36, XI Compliance Board [[Page 1206]] Arctic Research Commission 45, XXIII Armed Forces Retirement Home 5, XI; 38, II Army, Department of 32, V Engineers, Corps of 33, II; 36, III Federal Acquisition Regulation 48, 51 Benefits Review Board 20, VII Bilingual Education and Minority Languages 34, V Affairs, Office of Blind or Severely Disabled, Committee for 41, 51 Purchase from People Who Are Federal Acquisition Regulation 48, 19 Career, Technical, and Adult Education, Office 34, IV of Census Bureau 15, I Centers for Medicare & Medicaid Services 42, IV Central Intelligence Agency 32, XIX Chemical Safety and Hazard Investigation Board 40, VI Chief Financial Officer, Office of 7, XXX Child Support Enforcement, Office of 45, III Children and Families, Administration for 45, II, III, IV, X, XIII Civil Rights, Commission on 5, LXVIII; 45, VII Civil Rights, Office for 34, I Coast Guard 33, I; 46, I; 49, IV Coast Guard (Great Lakes Pilotage) 46, III Commerce, Department of 2, XIII; 44, IV; 50, VI Census Bureau 15, I Economic Affairs, Office of the Under- 15, XV Secretary for Economic Analysis, Bureau of 15, VIII Economic Development Administration 13, III Emergency Management and Assistance 44, IV Federal Acquisition Regulation 48, 13 Foreign-Trade Zones Board 15, IV Industry and Security, Bureau of 15, VII International Trade Administration 15, III; 19, III National Institute of Standards and Technology 15, II; 37, IV National Marine Fisheries Service 50, II, IV National Oceanic and Atmospheric 15, IX; 50, II, III, IV, Administration VI National Technical Information Service 15, XI National Telecommunications and Information 15, XXIII; 47, III, IV Administration National Weather Service 15, IX Patent and Trademark Office, United States 37, I Secretary of Commerce, Office of 15, Subtitle A Commercial Space Transportation 14, III Commodity Credit Corporation 7, XIV Commodity Futures Trading Commission 5, XLI; 17, I Community Planning and Development, Office of 24, V, VI Assistant Secretary for Community Services, Office of 45, X Comptroller of the Currency 12, I Construction Industry Collective Bargaining 29, IX Commission Consumer Financial Protection Bureau 5, LXXXIV; 12, X Consumer Product Safety Commission 5, LXXI; 16, II Copyright Royalty Board 37, III Corporation for National and Community Service 2, XXII; 45, XII, XXV Cost Accounting Standards Board 48, 99 Council on Environmental Quality 40, V Council of the Inspectors General on Integrity 5, XCVIII and Efficiency Court Services and Offender Supervision Agency 5, LXX; 28, VIII for the District of Columbia Customs and Border Protection 19, I Defense, Department of 2, XI; 5, XXVI; 32, Subtitle A; 40, VII Advanced Research Projects Agency 32, I Air Force Department 32, VII Army Department 32, V; 33, II; 36, III; 48, 51 Defense Acquisition Regulations System 48, 2 Defense Intelligence Agency 32, I [[Page 1207]] Defense Logistics Agency 32, I, XII; 48, 54 Engineers, Corps of 33, II; 36, III National Imagery and Mapping Agency 32, I Navy, Department of 32, VI; 48, 52 Secretary of Defense, Office of 2, XI; 32, I Defense Contract Audit Agency 32, I Defense Intelligence Agency 32, I Defense Logistics Agency 32, XII; 48, 54 Defense Nuclear Facilities Safety Board 10, XVII Delaware River Basin Commission 18, III Denali Commission 45, IX Disability, National Council on 5, C; 34, XII District of Columbia, Court Services and 5, LXX; 28, VIII Offender Supervision Agency for the Drug Enforcement Administration 21, II East-West Foreign Trade Board 15, XIII Economic Affairs, Office of the Under-Secretary 15, XV for Economic Analysis, Bureau of 15, VIII Economic Development Administration 13, III Economic Research Service 7, XXXVII Education, Department of 2, XXXIV; 5, LIII Bilingual Education and Minority Languages 34, V Affairs, Office of Career, Technical, and Adult Education, Office 34, IV of Civil Rights, Office for 34, I Educational Research and Improvement, Office 34, VII of Elementary and Secondary Education, Office of 34, II Federal Acquisition Regulation 48, 34 Postsecondary Education, Office of 34, VI Secretary of Education, Office of 34, Subtitle A Special Education and Rehabilitative Services, 34, III Office of Educational Research and Improvement, Office of 34, VII Election Assistance Commission 2, LVIII; 11, II Elementary and Secondary Education, Office of 34, II Emergency Oil and Gas Guaranteed Loan Board 13, V Emergency Steel Guarantee Loan Board 13, IV Employee Benefits Security Administration 29, XXV Employees' Compensation Appeals Board 20, IV Employees Loyalty Board 5, V Employment and Training Administration 20, V Employment Policy, National Commission for 1, IV Employment Standards Administration 20, VI Endangered Species Committee 50, IV Energy, Department of 2, IX; 5, XXIII; 10, II, III, X Federal Acquisition Regulation 48, 9 Federal Energy Regulatory Commission 5, XXIV; 18, I Property Management Regulations 41, 109 Energy, Office of 7, XXIX Engineers, Corps of 33, II; 36, III Engraving and Printing, Bureau of 31, VI Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV, VII Federal Acquisition Regulation 48, 15 Property Management Regulations 41, 115 Environmental Quality, Office of 7, XXXI Equal Employment Opportunity Commission 5, LXII; 29, XIV Equal Opportunity, Office of Assistant Secretary 24, I for Executive Office of the President 3, I Environmental Quality, Council on 40, V Management and Budget, Office of 2, Subtitle A; 5, III, LXXVII; 14, VI; 48, 99 National Drug Control Policy, Office of 2, XXXVI; 21, III National Security Council 32, XXI; 47, II Science and Technology Policy, Office of 32, XXIV; 47, II Trade Representative, Office of the United 15, XX States Export-Import Bank of the United States 2, XXXV; 5, LII; 12, IV [[Page 1208]] Family Assistance, Office of 45, II Farm Credit Administration 5, XXXI; 12, VI Farm Credit System Insurance Corporation 5, XXX; 12, XIV Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 1 Federal Acquisition Security Council 41, 201 Federal Aviation Administration 14, I Commercial Space Transportation 14, III Federal Claims Collection Standards 31, IX Federal Communications Commission 5, XXIX; 47, I Federal Contract Compliance Programs, Office of 41, 60 Federal Crop Insurance Corporation 7, IV Federal Deposit Insurance Corporation 5, XXII; 12, III Federal Election Commission 5, XXXVII; 11, I Federal Emergency Management Agency 44, I Federal Employees Group Life Insurance Federal 48, 21 Acquisition Regulation Federal Employees Health Benefits Acquisition 48, 16 Regulation Federal Energy Regulatory Commission 5, XXIV; 18, I Federal Financial Institutions Examination 12, XI Council Federal Financing Bank 12, VIII Federal Highway Administration 23, I, II Federal Home Loan Mortgage Corporation 1, IV Federal Housing Enterprise Oversight Office 12, XVII Federal Housing Finance Agency 5, LXXX; 12, XII Federal Labor Relations Authority 5, XIV, XLIX; 22, XIV Federal Law Enforcement Training Center 31, VII Federal Management Regulation 41, 102 Federal Maritime Commission 46, IV Federal Mediation and Conciliation Service 29, XII Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII Federal Motor Carrier Safety Administration 49, III Federal Permitting Improvement Steering Council 40, IX Federal Prison Industries, Inc. 28, III Federal Procurement Policy Office 48, 99 Federal Property Management Regulations 41, 101 Federal Railroad Administration 49, II Federal Register, Administrative Committee of 1, I Federal Register, Office of 1, II Federal Reserve System 12, II Board of Governors 5, LVIII Federal Retirement Thrift Investment Board 5, VI, LXXVI Federal Service Impasses Panel 5, XIV Federal Trade Commission 5, XLVII; 16, I Federal Transit Administration 49, VI Federal Travel Regulation System 41, Subtitle F Financial Crimes Enforcement Network 31, X Financial Research Office 12, XVI Financial Stability Oversight Council 12, XIII Fine Arts, Commission of 45, XXI Fiscal Service 31, II Fish and Wildlife Service, United States 50, I, IV Food and Drug Administration 21, I Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Foreign Assets Control, Office of 31, V Foreign Claims Settlement Commission of the 45, V United States Foreign Service Grievance Board 22, IX Foreign Service Impasse Disputes Panel 22, XIV Foreign Service Labor Relations Board 22, XIV Foreign-Trade Zones Board 15, IV Forest Service 36, II General Services Administration 5, LVII; 41, 105 Contract Appeals, Board of 48, 61 Federal Acquisition Regulation 48, 5 Federal Management Regulation 41, 102 [[Page 1209]] Federal Property Management Regulations 41, 101 Federal Travel Regulation System 41, Subtitle F General 41, 300 Payment From a Non-Federal Source for Travel 41, 304 Expenses Payment of Expenses Connected With the Death 41, 303 of Certain Employees Relocation Allowances 41, 302 Temporary Duty (TDY) Travel Allowances 41, 301 Geological Survey 30, IV Government Accountability Office 4, I Government Ethics, Office of 5, XVI Government National Mortgage Association 24, III Grain Inspection, Packers and Stockyards 7, VIII; 9, II Administration Great Lakes St. Lawrence Seaway Development 33, IV Corporation Gulf Coast Ecosystem Restoration Council 2, LIX; 40, VIII Harry S. Truman Scholarship Foundation 45, XVIII Health and Human Services, Department of 2, III; 5, XLV; 45, Subtitle A Centers for Medicare & Medicaid Services 42, IV Child Support Enforcement, Office of 45, III Children and Families, Administration for 45, II, III, IV, X, XIII Community Services, Office of 45, X Family Assistance, Office of 45, II Federal Acquisition Regulation 48, 3 Food and Drug Administration 21, I Indian Health Service 25, V Inspector General (Health Care), Office of 42, V Public Health Service 42, I Refugee Resettlement, Office of 45, IV Homeland Security, Department of 2, XXX; 5, XXXVI; 6, I; 8, I Coast Guard 33, I; 46, I; 49, IV Coast Guard (Great Lakes Pilotage) 46, III Customs and Border Protection 19, I Federal Emergency Management Agency 44, I Human Resources Management and Labor Relations 5, XCVII Systems Immigration and Customs Enforcement Bureau 19, IV Transportation Security Administration 49, XII HOPE for Homeowners Program, Board of Directors 24, XXIV of Housing, Office of, and Multifamily Housing 24, IV Assistance Restructuring, Office of Housing and Urban Development, Department of 2, XXIV; 5, LXV; 24, Subtitle B Community Planning and Development, Office of 24, V, VI Assistant Secretary for Equal Opportunity, Office of Assistant 24, I Secretary for Federal Acquisition Regulation 48, 24 Federal Housing Enterprise Oversight, Office 12, XVII of Government National Mortgage Association 24, III Housing--Federal Housing Commissioner, Office 24, II, VIII, X, XX of Assistant Secretary for Housing, Office of, and Multifamily Housing 24, IV Assistance Restructuring, Office of Inspector General, Office of 24, XII Public and Indian Housing, Office of Assistant 24, IX Secretary for Secretary, Office of 24, Subtitle A, VII Housing--Federal Housing Commissioner, Office of 24, II, VIII, X, XX Assistant Secretary for Housing, Office of, and Multifamily Housing 24, IV Assistance Restructuring, Office of Immigration and Customs Enforcement Bureau 19, IV Immigration Review, Executive Office for 8, V Independent Counsel, Office of 28, VII Independent Counsel, Offices of 28, VI Indian Affairs, Bureau of 25, I, V Indian Affairs, Office of the Assistant 25, VI Secretary [[Page 1210]] Indian Arts and Crafts Board 25, II Indian Health Service 25, V Industry and Security, Bureau of 15, VII Information Resources Management, Office of 7, XXVII Information Security Oversight Office, National 32, XX Archives and Records Administration Inspector General Agriculture Department 7, XXVI Health and Human Services Department 42, V Housing and Urban Development Department 24, XII, XV Institute of Peace, United States 22, XVII Inter-American Foundation 5, LXIII; 22, X Interior, Department of 2, XIV American Indians, Office of the Special 25, VII Trustee Endangered Species Committee 50, IV Federal Acquisition Regulation 48, 14 Federal Property Management Regulations System 41, 114 Fish and Wildlife Service, United States 50, I, IV Geological Survey 30, IV Indian Affairs, Bureau of 25, I, V Indian Affairs, Office of the Assistant 25, VI Secretary Indian Arts and Crafts Board 25, II Land Management, Bureau of 43, II National Indian Gaming Commission 25, III National Park Service 36, I Natural Resource Revenue, Office of 30, XII Ocean Energy Management, Bureau of 30, V Reclamation, Bureau of 43, I Safety and Environmental Enforcement, Bureau 30, II of Secretary of the Interior, Office of 2, XIV; 43, Subtitle A Surface Mining Reclamation and Enforcement, 30, VII Office of Internal Revenue Service 26, I International Boundary and Water Commission, 22, XI United States and Mexico, United States Section International Development, United States Agency 22, II for Federal Acquisition Regulation 48, 7 International Development Cooperation Agency, 22, XII United States International Development Finance Corporation, 5, XXXIII; 22, VII U.S. International Joint Commission, United States 22, IV and Canada International Organizations Employees Loyalty 5, V Board International Trade Administration 15, III; 19, III International Trade Commission, United States 19, II Interstate Commerce Commission 5, XL Investment Security, Office of 31, VIII James Madison Memorial Fellowship Foundation 45, XXIV Japan-United States Friendship Commission 22, XVI Joint Board for the Enrollment of Actuaries 20, VIII Justice, Department of 2, XXVIII; 5, XXVIII; 28, I, XI; 40, IV Alcohol, Tobacco, Firearms, and Explosives, 27, II Bureau of Drug Enforcement Administration 21, II Federal Acquisition Regulation 48, 28 Federal Claims Collection Standards 31, IX Federal Prison Industries, Inc. 28, III Foreign Claims Settlement Commission of the 45, V United States Immigration Review, Executive Office for 8, V Independent Counsel, Offices of 28, VI Prisons, Bureau of 28, V Property Management Regulations 41, 128 Labor, Department of 2, XXIX; 5, XLII Benefits Review Board 20, VII Employee Benefits Security Administration 29, XXV Employees' Compensation Appeals Board 20, IV Employment and Training Administration 20, V Federal Acquisition Regulation 48, 29 [[Page 1211]] Federal Contract Compliance Programs, Office 41, 60 of Federal Procurement Regulations System 41, 50 Labor-Management Standards, Office of 29, II, IV Mine Safety and Health Administration 30, I Occupational Safety and Health Administration 29, XVII Public Contracts 41, 50 Secretary of Labor, Office of 29, Subtitle A Veterans' Employment and Training Service, 41, 61; 20, IX Office of the Assistant Secretary for Wage and Hour Division 29, V Workers' Compensation Programs, Office of 20, I, VI Labor-Management Standards, Office of 29, II, IV Land Management, Bureau of 43, II Legal Services Corporation 45, XVI Libraries and Information Science, National 45, XVII Commission on Library of Congress 36, VII Copyright Royalty Board 37, III U.S. Copyright Office 37, II Management and Budget, Office of 5, III, LXXVII; 14, VI; 48, 99 Marine Mammal Commission 50, V Maritime Administration 46, II Merit Systems Protection Board 5, II, LXIV Micronesian Status Negotiations, Office for 32, XXVII Military Compensation and Retirement 5, XCIX Modernization Commission Millennium Challenge Corporation 22, XIII Mine Safety and Health Administration 30, I Minority Business Development Agency 15, XIV Miscellaneous Agencies 1, IV Monetary Offices 31, I Morris K. Udall Scholarship and Excellence in 36, XVI National Environmental Policy Foundation Museum and Library Services, Institute of 2, XXXI National Aeronautics and Space Administration 2, XVIII; 5, LIX; 14, V Federal Acquisition Regulation 48, 18 National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National and Community Service, Corporation for 2, XXII; 45, XII, XXV National Archives and Records Administration 2, XXVI; 5, LXVI; 36, XII Information Security Oversight Office 32, XX National Capital Planning Commission 1, IV, VI National Counterintelligence Center 32, XVIII National Credit Union Administration 5, LXXXVI; 12, VII National Crime Prevention and Privacy Compact 28, IX Council National Drug Control Policy, Office of 2, XXXVI; 21, III National Endowment for the Arts 2, XXXII National Endowment for the Humanities 2, XXXIII National Foundation on the Arts and the 45, XI Humanities National Geospatial-Intelligence Agency 32, I National Highway Traffic Safety Administration 23, II, III; 47, VI; 49, V National Imagery and Mapping Agency 32, I National Indian Gaming Commission 25, III National Institute of Food and Agriculture 7, XXXIV National Institute of Standards and Technology 15, II; 37, IV National Intelligence, Office of Director of 5, IV; 32, XVII National Labor Relations Board 5, LXI; 29, I National Marine Fisheries Service 50, II, IV National Mediation Board 5, CI; 29, X National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI National Park Service 36, I National Railroad Adjustment Board 29, III National Railroad Passenger Corporation (AMTRAK) 49, VII National Science Foundation 2, XXV; 5, XLIII; 45, VI Federal Acquisition Regulation 48, 25 National Security Council 32, XXI; 47, II [[Page 1212]] National Technical Information Service 15, XI National Telecommunications and Information 15, XXIII; 47, III, IV, V Administration National Transportation Safety Board 49, VIII Natural Resource Revenue, Office of 30, XII Natural Resources Conservation Service 7, VI Navajo and Hopi Indian Relocation, Office of 25, IV Navy, Department of 32, VI Federal Acquisition Regulation 48, 52 Neighborhood Reinvestment Corporation 24, XXV Northeast Interstate Low-Level Radioactive Waste 10, XVIII Commission Nuclear Regulatory Commission 2, XX; 5, XLVIII; 10, I Federal Acquisition Regulation 48, 20 Occupational Safety and Health Administration 29, XVII Occupational Safety and Health Review Commission 29, XX Ocean Energy Management, Bureau of 30, V Oklahoma City National Memorial Trust 36, XV Operations Office 7, XXVIII Patent and Trademark Office, United States 37, I Payment From a Non-Federal Source for Travel 41, 304 Expenses Payment of Expenses Connected With the Death of 41, 303 Certain Employees Peace Corps 2, XXXVII; 22, III Pennsylvania Avenue Development Corporation 36, IX Pension Benefit Guaranty Corporation 29, XL Personnel Management, Office of 5, I, IV, XXXV; 45, VIII Federal Acquisition Regulation 48, 17 Federal Employees Group Life Insurance Federal 48, 21 Acquisition Regulation Federal Employees Health Benefits Acquisition 48, 16 Regulation Human Resources Management and Labor Relations 5, XCVII Systems, Department of Homeland Security Pipeline and Hazardous Materials Safety 49, I Administration Postal Regulatory Commission 5, XLVI; 39, III Postal Service, United States 5, LX; 39, I Postsecondary Education, Office of 34, VI President's Commission on White House 1, IV Fellowships Presidio Trust 36, X Prisons, Bureau of 28, V Privacy and Civil Liberties Oversight Board 6, X Procurement and Property Management, Office of 7, XXXII Public and Indian Housing, Office of Assistant 24, IX Secretary for Public Contracts, Department of Labor 41, 50 Public Health Service 42, I Railroad Retirement Board 20, II Reclamation, Bureau of 43, I Refugee Resettlement, Office of 45, IV Relocation Allowances 41, 302 Research and Innovative Technology 49, XI Administration Rural Business-Cooperative Service 7, XVIII, XLII, L Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV, L Rural Utilities Service 7, XVII, XVIII, XLII, L Safety and Environmental Enforcement, Bureau of 30, II Science and Technology Policy, Office of 32, XXIV; 47, II Secret Service 31, IV Securities and Exchange Commission 5, XXXIV; 17, II Selective Service System 32, XVI Small Business Administration 2, XXVII; 13, I Smithsonian Institution 36, V Social Security Administration 2, XXIII; 20, III; 48, 23 Soldiers' and Airmen's Home, United States 5, XI Special Counsel, Office of 5, VIII Special Education and Rehabilitative Services, 34, III Office of State, Department of 2, VI; 22, I; 28, XI Federal Acquisition Regulation 48, 6 [[Page 1213]] Surface Mining Reclamation and Enforcement, 30, VII Office of Surface Transportation Board 49, X Susquehanna River Basin Commission 18, VIII Tennessee Valley Authority 5, LXIX; 18, XIII Trade Representative, United States, Office of 15, XX Transportation, Department of 2, XII; 5, L Commercial Space Transportation 14, III Emergency Management and Assistance 44, IV Federal Acquisition Regulation 48, 12 Federal Aviation Administration 14, I Federal Highway Administration 23, I, II Federal Motor Carrier Safety Administration 49, III Federal Railroad Administration 49, II Federal Transit Administration 49, VI Great Lakes St. Lawrence Seaway Development 33, IV Corporation Maritime Administration 46, II National Highway Traffic Safety Administration 23, II, III; 47, IV; 49, V Pipeline and Hazardous Materials Safety 49, I Administration Secretary of Transportation, Office of 14, II; 49, Subtitle A Transportation Statistics Bureau 49, XI Transportation, Office of 7, XXXIII Transportation Security Administration 49, XII Transportation Statistics Bureau 49, XI Travel Allowances, Temporary Duty (TDY) 41, 301 Treasury, Department of the 2, X; 5, XXI; 12, XV; 17, IV; 31, IX Alcohol and Tobacco Tax and Trade Bureau 27, I Community Development Financial Institutions 12, XVIII Fund Comptroller of the Currency 12, I Customs and Border Protection 19, I Engraving and Printing, Bureau of 31, VI Federal Acquisition Regulation 48, 10 Federal Claims Collection Standards 31, IX Federal Law Enforcement Training Center 31, VII Financial Crimes Enforcement Network 31, X Fiscal Service 31, II Foreign Assets Control, Office of 31, V Internal Revenue Service 26, I Investment Security, Office of 31, VIII Monetary Offices 31, I Secret Service 31, IV Secretary of the Treasury, Office of 31, Subtitle A Truman, Harry S. Scholarship Foundation 45, XVIII United States Agency for Global Media 22, V United States and Canada, International Joint 22, IV Commission United States and Mexico, International Boundary 22, XI and Water Commission, United States Section U.S. Copyright Office 37, II U.S. Office of Special Counsel 5, CII Utah Reclamation Mitigation and Conservation 43, III Commission Veterans Affairs, Department of 2, VIII; 38, I Federal Acquisition Regulation 48, 8 Veterans' Employment and Training Service, 41, 61; 20, IX Office of the Assistant Secretary for Vice President of the United States, Office of 32, XXVIII Wage and Hour Division 29, V Water Resources Council 18, VI Workers' Compensation Programs, Office of 20, I, VII World Agricultural Outlook Board 7, XXXVIII [[Page 1215]] List of CFR Sections Affected All changes in this volume of the Code of Federal Regulations (CFR) that were made by documents published in the Federal Register since January 1, 2017 are enumerated in the following list. Entries indicate the nature of the changes effected. Page numbers refer to Federal Register pages. The user should consult the entries for chapters, parts and subparts as well as sections for revisions. For changes to this volume of the CFR prior to this listing, consult the annual edition of the monthly List of CFR Sections Affected (LSA). The LSA is available at www.govinfo.gov. For changes to this volume of the CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The ``List of CFR Sections Affected 1986-2000'' is available at www.govinfo.gov. 2017 49 CFR 82 FR Page Chapter V 541 Theft data.....................................................28246 571.5 Regulation at 81 FR 90514 eff. date delayed to 3-21-17........9368 Regulation at 81 FR 90514 eff. date further delayed to 5-22-17 14477 Regulation at 81 FR 90514 eff. date further delayed to 6-5-17 23150 Regulation at 81 FR 90514 eff. date delayed to 9-5-17..........26360 571.106 S5.3.11 reinstated; CFR correction.........................45514 571.136 Amended....................................................50092 571.141 Regulation at 81 FR 90514 eff. date delayed to 3-21-17......9368 Regulation at 81 FR 90514 eff. date further delayed to 5-22-17 14477 Regulation at 81 FR 90514 eff. date further delayed to 6-5-17 23150 Regulation at 81 FR 90514 eff. date delayed to 9-5-17..........26360 571.305 Amended....................................................44960 571.500 Regulation at 81 FR 90514 eff. date delayed to 3-21-17......9368 Regulation at 81 FR 90521 eff. date further delayed to 5-22-17 14477 Regulation at 81 FR 90521 eff. date further delayed to 6-5-17 23150 Regulation at 81 FR 90521 eff. date delayed to 9-5-17..........26360 2018 49 CFR 83 FR Page Chapter V 541 Authority citation revised.....................................53398 541 Appendix A removed; Appendix A-1 revised.......................53398 Appendix A-II removed..........................................53399 555.7 (a) revised..................................................66160 571.141 Amended.....................................................8196 571.217 Amended; CFR correction....................................17091 2019 49 CFR 84 FR Page Chapter V 531.7 Added; eff. 11-26-19.........................................51361 531 Appendix redesignated as Appendix A; new Appendix A amended; eff. 11-26-19..............................................51362 531 Appendix B added; eff. 11-26-19................................51362 533.7 Added; eff. 11-26-19.........................................51362 [[Page 1216]] 533 Appendix redesignated as Appendix A; new Appendix A amended; eff. 11-26-19..............................................51362 533 Appendix B added; eff. 11-26-19................................51362 541 Appendix A-I revised...........................................27207 553 Authority citation revised.....................................71733 553.14 (b), (c), and (d) revised...................................71733 571.305 S4, S5, and S9 amended; S8 introductory text revised.......44257 2020 49 CFR 85 FR Page Chapter V 523 Technical correction...........................................40901 523.2 Amended......................................................25272 531 Authority citation revised.....................................25272 531 Technical correction...........................................40901 531.5 (c) introductory text, Table III, and (d) revised; (e) removed; (f) redesignated as new (e).......................25272 531.6 (a) and (b) revised..........................................25273 533 Authority citation revised.....................................25273 533 Technical correction...........................................40901 533.5 (a) Table VII revised; (k) removed...........................25273 533.6 (b) and (c) revised..........................................25274 535.6 (a)(4)(ii) and (d)(5)(ii) revised............................25274 535.7 (b)(1), (c)(1), (d)(1), (e)(2), and (f)(2)(iii)(E) amended 25274 536 Authority citation revised.....................................25275 536 Technical correction...........................................40901 536.4 (c) revised..................................................25275 536.5 (c) and (d)(6) revised.......................................25275 537 Authority citation revised.....................................25276 537 Technical correction...........................................40901 537.5 (d) redesignated as (e); new (d) added.......................25276 537.6 (b) and (c) revised..........................................25277 537.7 (a), (b)(3), (c)(1), (3), (7)(i), (ii), and (iii) revised....25277 537.8 (a)(3) and (c)(1) revised; (a)(4) and (b)(4) added...........25278 543 Notification...................................................55386 555 Actions on petitions...........................................19393 571.141 S9 revised; interim........................................54280 571.214 S6.1.3 revised.............................................85535 571.226 S2 revised.................................................85535 572.210--572.219 (Subpart W) Added.................................69925 2021 49 CFR 86 FR Page Chapter V 531.7 Removed......................................................74267 531 Appendix B removed.............................................74267 533.7 Removed......................................................74267 533 Appendix B removed.............................................74267 553.14 (d) revised.................................................17296 571.109 Heading and S2 revised.....................................48542 571.110 S2 revised; S4.1, and S4.4.2 amended.......................48542 571.119 Heading, S1, S6.3, and tables II and III revised; S7.3 amended....................................................48543 571.122 S5.1.10.2(c), S6.3.2(d)(2)(i), and (ii) revised.............1298 571.123 Table 3 revised.............................................1298 571.135 S5.5.5(d)(3) revised........................................1300 571.139 S2, S6.2.1.1.1, S6.3.1.1.1, and S6.4.1.1.1 revised; S4.1.1 amended....................................................48545 571.227 Added......................................................74302 541 Appendix A-I revised...........................................48342 2022 (Regulations published from January 1, 2022, through October 1, 2022) 49 CFR 87 FR Page Chapter V 531 Revised........................................................26070 533 Revised........................................................26076 536 Revised........................................................26082 537 Revised........................................................26087 541 Appendix A-I revised...........................................51616 565 Authority citation revised.....................................13231 565.12 Revised.....................................................13231 565.15 (b) Table 1 amended.........................................13232 565.26 (d) revised.................................................13232 566 Authority citation revised.....................................13232 566.5 Introductory text revised; (c)(4) added......................13232 567 Authority citation revised.....................................13232 567.1 Revised......................................................13232 567.3 Amended......................................................13232 567.4 (a) revised..................................................13232 567.8 Added........................................................13232 571.3 (b) amended..................................................18586 571.5 (a) and (d)(34) and (35) revised; (d)(33) removed............34808 571.5 (a) and (l)(4) revised; (k)(5) added; section amended........39309 571.105 S6.9.2(a) and (b) revised..................................34808 571.108 Correction: S5.1 and S5.2 removed...........................7964 [[Page 1217]] 571.108 S4, Tables 1-a and 1-c amended; S9.4.1, S9.4.1.1, S9.4.1.2, S9.4.1.3, S9.4.1.4, S9.4.1.5, S9.4.1.6, S9.5.1, S10.14.1, S10.15.1, S10.16.1, S10.18.8.1.2 revised; S9.4.1.5.1 through S9.4.1.5.3, S9.4.1.6.1 through S9.4.1.6.5, S14.9.3.12 through S14.9.3.12.6.3, tables XXI and XXII and figures 23 through 30 added; S9.4.1.7 and appendix A removed.........................................10012 571.121 S5.3.1.1 introductory text, S5.3.6.1, S5.7.1, S6.1.7, Table I, Table II, and Table IIa revised...................34808 571.122 S6.1.1.1, S6.1.1.2, S6.1.1.3 and S6.9.7.1(a) revised.......34810 571.126 S62.2 revised..............................................34810 571.135 S6.2.1, S7.4.3(f), S7.5.2(f), S7.6.2(f), S7.7.3(f), S7.8.2(f), S7.9.2(f), S7.10.3(e), and S7.11.3(f) revised 34810 571.136 S6.2.2 revised.............................................34810 571.139 S3 amended.................................................34810 571.141 S6.7.3 revised.............................................41625 571.201 S2, S5.1(b), S5.1.1(d), S5.1.2(a), S6.3(b), S8.6, S8.20, and S8.24 revised; S3 amended..............................18587 571.203 S2 amended; S3 removed.....................................18588 571.204 S2 revised.................................................18588 571.205 S3(a) revised..............................................18588 571.206 S2, S3, and S5.1.1.4(b)(1)(ii)(C) revised..................18588 571.207 S2 and S4.1 revised........................................18588 571.208 S3(a), S4.2 introductory text, S4.2.5.4(c), S4.2.5.5(a)(2), S4.2.6.1.1, S4.4.3.2.1, S4.4.3.2.2, S4.4.4.1.1, S4.4.4.1.2, S4.4.5.1.1, S4.4.5.1.2 introductory text, S4.4.5.1.2(e), S4.5.1(c)(3), S4.5.1(e)(1) introductory text, S4.5.1(e)(2) introductory text, S4.5.1 (e)(3) introductory text, S4.5.1(f)(1), S4.11(d), and S7.1.1.5(a), S8.1.4, S8.2.7(c), S10.2.1, S10.2.2, S10.3.1, S10.3.2, S10.4.1.1, S10.4.1.2, S10.4.2.1, S10.5, S10.6.1, S10.6.2, S10.7, S13.3, S16.2.9, S16.2.9.1, S16.2.9.2, S16.2.9.3, S16.2.10, S16.2.10.3, S16.3.2.1.4, S16.3.2.1.8, S16.3.2.1.9, S16.3.2.3.2, S16.3.2.3.3, S16.3.2.3.4, S16.3.3, S16.3.3.1, S16.3.3.1.2, S16.3.3.1.4, S16.3.3.2, S16.3.3.3, S16.3.4, S16.3.5, S19.2.1, S19.2.2 introductory text, S19.2.2(d), S19.2.2(e), S19.2.2(g), S19.2.2(h), S19.2.3, S19.3, S20.1.2, S20.2, S20.2.1.4, S20.2.2.3, S20.3, S20.3.1, S20.3.2, S20.4.1, S20.4.4, S20.4.9, S21.2.1, S21.2.3, S21.3, S21.4, S22.1.2, S22.1.3, S22.2, S22.2.1.1, S22.2.1.3, S22.2.2, S22.2.2.1(a), (b), S22.2.2.3(a), (b), S22.2.2.4(a), S22.2.2.5(a), S22.2.2.6(a), (b), S22.2.2.7(a), (b), S22.2.2.8(a) introductory text, S22.2.2.8(a)(6), S22.3, S22.3.1, S22.3.2, S22.4.2.2, S22.4.3.1, S22.4.3.2, S22.4.4, S22.5.1, S23.2.1, S23.2.3, S23.3, S23.4, S24.1.2, S24.1.3, S24.2 introductory text, S24.2.3 introductory text, S24.2.3(a), S24.3, S24.3.1, S24.3.2, S24.4.2.3 introductory text, S24.4.3.1, S24.4.3.2 introductory text, S24.4.4, S26.2.1, S26.2.2, S26.2.4.3, S26.2.4.4, S26.2.5, S26.3.2, S26.3.3, S26.3.4.3, S26.3.5, S26.3.6, S26.3.7, S27.5.2, S27.6.2, S28.2, and S28.4 revised; S4.1.5.6, S.4.1.5.6.1, S4.1.5.6.2, S4.1.5.6.3, S4.1.5.6.4, S4.1.5.6.5, S4.1.5.6.6, S4.2.6.4 added; S4.4.1 amended; S7.1.6 redesignated as S7.1.1.6...................18588 571.212 S3 revised.................................................18597 571.213 S5(g) added................................................39310 [[Page 1218]] 571.213a Added.....................................................39310 571.214 S2, S5(c)(4), S8.3.1.3, S8.4, S10.2, S10.3.1, S10.3.2, S10.3.2.3, S10.5, S12.1.1introductory text, S12.1.1(a)(1), S12.1.2 introductory text, S12.1.2(a)(1), S12.1.3(a)(1), S12.2.1(c), S12.3.1(d), S12.3.2(a)(4), S12.3.2(a)(8), S12.3.2(a)(9)(ii), S12.3.2(a)(10), S12.3.3(a)(2), and S12.3.3(a)(4) revised......................................18597 571.216a S3.1(a) introductory text and S7.1 revised................18599 571.219 S3 revised.................................................18599 571.223 S3, S5.2, S5.5(c), S6 introductory text, S6.3, S6.4 introductory text, (a) introductory text, (b) introductory text, S6.5 introductory text, (a), S6.6 introductory text, (b), (c), Figure 1, and Figure 2 revised; S4 amended; S6.4(c) removed; S6.5(c), S6.7 through S6.9, Figure 3, and Figure 4 added; eff. 1-11-23...............................42366 571.224 S3 and S4 amended; eff. 1-11-23............................42372 571.225 S3 amended.................................................18599 571.226 S2, S6.1(d), and (f) revised; S3 amended...................18599 571.304 S7.4(g) revised.............................................7964 571.500 S6.2.1 revised.............................................34810 571.101--571.500 (Subpart B) Appendix A added......................10021 [all]

usgpo

2024-06-24T00:12:50.218459

BILLS-118hr7980rh

End Chinese Dominance of Electric Vehicles in America Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 7980 Reported in House (RH)] <DOC> Union Calendar No. 454 118th CONGRESS 2d Session H. R. 7980 [Report No. 118-550] To amend the Internal Revenue Code of 1986 to exclude vehicles the batteries of which contain materials sourced from prohibited foreign entities from the clean vehicle credit. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 15, 2024 Mrs. Miller of West Virginia introduced the following bill; which was referred to the Committee on Ways and Means June 11, 2024 Additional sponsors: Ms. Tenney, Mr. Kelly of Pennsylvania, Ms. Van Duyne, and Mr. Ferguson June 11, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on April 15, 2024] _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to exclude vehicles the batteries of which contain materials sourced from prohibited foreign entities from the clean vehicle credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End Chinese Dominance of Electric Vehicles in America Act of 2024''. SEC. 2. EXCLUSION FROM CLEAN VEHICLE CREDIT OF VEHICLES CONTAINING MATERIALS SOURCED FROM PROHIBITED FOREIGN ENTITIES. (a) In General.--Section 30D(d)(7) of the Internal Revenue Code of 1986 is amended to read as follows: ``(7) Excluded entities.-- ``(A) In general.--For purposes of this section, the term `new clean vehicle' shall not include any vehicle-- ``(i) with respect to which any of the components contained in the drive battery or any material contained in such a component was extracted, processed, recycled, manufactured, or assembled by a prohibited foreign entity, or ``(ii) the drive battery of which is designed, manufactured, or produced using any process attributable to any licensing, royalty, service, or similar agreement with a prohibited foreign entity the estimated total contract cost, including variable, contingent, or sales- based payments, of which exceeds $5,000,000. ``(B) Prohibited foreign entity.--For purposes of subparagraph (A), the term `prohibited foreign entity' means-- ``(i) any foreign entity of concern (as defined in section 40207(a)(5) of the Infrastructure Investment and Jobs Act), ``(ii) any entity with respect to which the government of a covered nation has the right or power (directly or indirectly) to appoint or approve the appointment of a covered officer, or ``(iii) any entity 25 percent or more of the capital or profits interests of which are owned (directly or indirectly) in the aggregate by 1 or more of the following: ``(I) A covered nation or an entity described in clause (i) or (ii). ``(II) A citizen, national, or resident of a covered nation. ``(III) An entity organized under the laws of a covered nation. ``(C) Covered officer.--For purposes of this paragraph, the term `covered officer' means-- ``(i) any member of the board of directors, board of supervisors, or an equivalent governing body, ``(ii) the president, senior vice president, chief executive officer, chief operating officer, chief financial officer, or general counsel, or ``(iii) any individual who performs duties usually associated with a title listed in clause (i) or (ii). ``(D) Covered nation.--For purposes of this paragraph, the term `covered nation' has the meaning given such term in section 4872(d) of title 10, United States Code. ``(E) Drive battery.--For purposes of this paragraph, the term `drive battery' means, with respect to a vehicle, the battery from which the electric motor of such vehicle draws electricity.''. (b) Effective Date.--The amendment made by this section shall apply to vehicles placed in service after the date of enactment of this Act. Union Calendar No. 454 118th CONGRESS 2d Session H. R. 7980 [Report No. 118-550] _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to exclude vehicles the batteries of which contain materials sourced from prohibited foreign entities from the clean vehicle credit. _______________________________________________________________________ June 11, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

usgpo

2024-06-24T00:12:50.255841

BILLS-118s4269is

Airport Gate Competition Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4269 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4269 To amend title 49, United States Code, to promote competition in aviation regulation, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Ms. Warren (for herself and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To amend title 49, United States Code, to promote competition in aviation regulation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Gate Competition Act''. SEC. 2. PROMOTING COMPETITION IN AVIATION REGULATION. (a) Promoting Competition.--Section 40101(d) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(8) promoting competition.''. (b) Maintaining and Enhancing Competition in Slot Allocation.-- Section 40103(b)(1) of title 49, United States Code, is amended by inserting ``In doing so, the Administrator shall consider the need to maintain or enhance competition in the air transportation system.'' after ``efficient use of airspace.''. (c) Ensuring Reasonable Access.-- (1) General written assurances.-- (A) In general.--Section 47107(a)(1) of title 49, United States Code, is amended by inserting ``, and the airport proprietor will take all practicable steps to accommodate requests for reasonable access (as defined in subsection (x)) to terminal facilities'' after ``unjust discrimination''. (B) Standards for reasonable access.--Section 47107 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(x) Definitions.--In this section: ``(1) Common use.--The term `common use' means nonexclusive use in common by air carriers and other duly authorized users of the airport. ``(2) Reasonable access.--The term `reasonable access' means, with respect to terminal facilities, that-- ``(A) not less than 25 percent of terminal facilities at an airport are available for common use; and ``(B) not more than 50 percent of terminal facilities are reserved for exclusive use by a single air carrier. ``(3) Terminal facilities.--The term `terminal facilities' means facilities within the terminal of an airport, including gates, ticket counters, baggage claim areas, and baggage make up system spaces.''. (2) Lease approval.--Section 47107 of title 49, United States Code, as amended by paragraph (1), is amended by adding at the end the following new subsection: ``(y) Written Assurances on Lease Agreements.--The Secretary of Transportation may approve an application under this subchapter for an airport development project grant only if the Secretary receives written assurances, satisfactory to the Secretary, that, with respect to any airport serving 0.25 percent or more of the total annual enplanements in the United States (calculated on a rolling 5-year average) and with more than 50 percent of passengers (calculated on a rolling 5-year average) handled by 2 air carriers or less, the airport owner shall submit to the Secretary any proposed lease, lease amendment, or lease extension (including carryover provisions) for advance approval, as well as a statement detailing how such proposed lease, lease amendment, or lease extension maintains or enhances competition in the air transportation system.''. (d) Competition Plans.--Section 40117(d) of title 49, United States Code, is amended-- (1) in paragraph (3), by striking ``and''; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) beginning in fiscal year 2026, in the case of an application for a terminal project, the project will provide for reasonable access (as defined in section 47107(x)) to terminal facilities.''. (e) Competition Disclosure.--Section 47107(r) of title 49, United States Code, is amended by striking paragraph (3). <all>

usgpo

2024-06-24T00:12:50.507855

BILLS-118s4264is

Setting Manageable Analysis Requirements in Text Act of 2024; SMART Act of 2024

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4264 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4264 To amend title 5, United States Code, to improve the effectiveness of major rules in accomplishing their regulatory objectives by promoting retrospective review, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 2, 2024 Ms. Sinema (for herself, Mr. Lankford, Mr. Manchin, and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To amend title 5, United States Code, to improve the effectiveness of major rules in accomplishing their regulatory objectives by promoting retrospective review, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Setting Manageable Analysis Requirements in Text Act of 2024'' or the ``SMART Act of 2024''. SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO NEW MAJOR RULES. (a) In General.--Subchapter II of chapter 5 of title 5, United States Code, is amended-- (1) in section 551-- (A) in paragraph (13), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(15) `Administrator' means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget established under section 3503 of title 44 and any successor to that office; and ``(16) `major rule' means any rule that the Administrator finds has resulted in or is likely to result in-- ``(A) an annual effect on the economy of $100,000,000 or more; ``(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or ``(C) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.''; and (2) in section 553, by adding at the end the following: ``(f) Major Rule Frameworks.-- ``(1) In general.--On and after the date that is 1 year after the date of enactment of this subsection-- ``(A) with respect to a proposed rule published by an agency in the Federal Register that the agency reasonably expects would meet the definition of a major rule, the agency shall include a potential framework for assessing the implemented rule, which shall include a general statement of how the agency intends to measure the effectiveness of the rule; and ``(B) with respect to a final major rule published by an agency in the Federal Register, including a major rule that the agency did not initially reasonably expect would meet the definition of a major rule under subparagraph (A), the agency shall include a framework for assessing the major rule under paragraph (2), which shall include-- ``(i) a statement of the regulatory objectives of the major rule, including a summary of the societal benefit and cost of the major rule; ``(ii) the methodology by which the agency plans to analyze the qualitative and quantitative outcomes of the major rule so that the agency can assess-- ``(I) the effectiveness and benefits of the major rule in producing the regulatory objectives of the major rule; and ``(II) the effects and costs of the major rule on regulated and other affected entities; ``(iii) a plan for gathering data, including public input, regarding the methodology described in clause (ii) on an ongoing basis or at periodic times; and ``(iv) a time frame, as appropriate to the major rule and not more than 10 years after the effective date of the major rule, under which the agency shall conduct the assessment of the major rule in accordance with paragraph (2)(A). ``(2) Assessment.-- ``(A) In general.--Each agency shall assess the data gathered under paragraph (1)(B)(iii), using the methodology set forth in paragraph (1)(B)(ii) or any other appropriate methodology developed after the issuance of a final major rule-- ``(i) to analyze how the actual benefits and costs of the major rule may have varied from those anticipated at the time the major rule was issued; and ``(ii) to determine whether-- ``(I) the major rule is accomplishing the regulatory objective of the major rule; ``(II) the major rule has been rendered unnecessary, taking into consideration-- ``(aa) changes in the subject area affected by the major rule; and ``(bb) whether the major rule overlaps with, duplicates, or conflicts with other rules or, to the extent feasible, State and local government regulations; ``(III) the major rule needs to be expanded, streamlined, or otherwise modified in order to accomplish the regulatory objective of the major rule; and ``(IV) other alternatives to the major rule or a modification of the major rule could better achieve the regulatory objective of the major rule by increasing the benefits of the major rule or imposing a smaller burden on society, or both, taking into consideration any changes in the regulatory environment that may have made the major rule more or less necessary or effective, and any cost already incurred. ``(B) Different methodology.--If an agency uses a methodology other than the methodology set forth in paragraph (1)(B)(ii) to assess data under subparagraph (A), the agency shall include notification of the revised methodology and an explanation of the changes in circumstances that necessitated the use of that other methodology as part of the notice required under subparagraph (D). ``(C) Subsequent assessments.--If, after an assessment of a major rule under subparagraph (A), an agency determines that the major rule will remain in effect with or without modification, the agency shall, in consultation with the Administrator, include with the assessment produced under subparagraph (A) a list of circumstances or events that would necessitate a subsequent review in accordance with subparagraph (A) to ensure that the major rule continues to meet the regulatory objective of the major rule. ``(D) Publication.--Not later than 180 days after the date on which an agency completes an assessment of a major rule under subparagraph (A), the agency shall publish prominently on the website of the agency the results of the assessment, including the circumstances or events that would necessitate a subsequent assessment of the major rule under subparagraph (C). ``(3) Agency head responsibilities.--The head of each agency shall-- ``(A) oversee the timely compliance of the agency with this subsection; and ``(B) ensure that the results of each assessment conducted under paragraph (2) are published promptly in accordance with paragraph (2)(D). ``(4) OMB oversight.--The Administrator shall-- ``(A) issue guidance for agencies regarding the development of the framework under paragraph (1) and the conduct of the assessments under paragraph (2)(A); ``(B) encourage and assist agencies to streamline and coordinate the assessment of major rules with similar or related regulatory objectives; ``(C) exempt an agency from including the framework required under paragraph (1)(B) when publishing a final major rule, if-- ``(i) the agency did not issue a notice of proposed rule making for the major rule in order to provide a timely response to an emergency or comply with a statutorily imposed deadline, in accordance with paragraph (6)(B); or ``(ii) the Administrator determines that-- ``(I) the major final rule falls within a category of major rules that are routine or periodic in nature, including those issued on an annual basis in order to put in place annual spending programs; or ``(II) for any other reason, the conduct of an assessment would be impracticable, unnecessary, or contrary to the public interest; and ``(D) extend the deadline specified by an agency for an assessment of a major rule under paragraph (1)(B)(iv) or paragraph (2)(C) for a period of not more than 90 days if the agency justifies why the agency is unable to complete the assessment by that deadline. ``(5) Rule of construction.--Nothing in this subsection may be construed to affect-- ``(A) the authority of an agency to assess or modify a major rule of the agency earlier than the end of the time frame specified for the major rule under paragraph (1)(B)(iv); or ``(B) any other provision of law that requires an agency to conduct retrospective reviews of rules issued by the agency. ``(6) Applicability.-- ``(A) In general.--This subsection shall not apply to-- ``(i) a major rule of an agency-- ``(I) that the Administrator reviewed before the date of enactment of this subsection; ``(II) for which the agency is required to conduct a retrospective review under-- ``(aa) section 2222 of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (12 U.S.C. 3311); ``(bb) section 170(d) of the Financial Stability Act of 2010 (12 U.S.C. 5370(d)); or ``(cc) any other provision of law with requirements that the Administrator determines-- ``(AA) include robust public participation; ``(BB) include significant agency consideration and analysis of whether the rule is achieving the regulatory objective of the rule; and ``(CC) meet, are substantially similar to, or exceed the requirements of this subsection; ``(III) for which the authorizing statute of the rule is subject to periodic authorization by Congress not less frequently than once every 10 years; or ``(IV) for which the authorizing statute of the rule requires the promulgation of a new or revised rule not less frequently than once every 10 years; or ``(ii) interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. ``(B) Good cause exemption.--In the case of a major rule for which an agency has not issued a notice of proposed rule making, the agency shall publish the framework required under paragraph (1)(B) in the Federal Register not later than 6 months after the date on which the agency publishes the final major rule. ``(7) Judicial review.-- ``(A) In general.--Judicial review of agency compliance with this subsection-- ``(i) shall be strictly limited to-- ``(I) whether an agency published the framework for assessment of a major rule described in paragraph (1); or ``(II) whether an agency published the assessment or subsequent assessment of a major rule described in subparagraphs (A), (C), and (D) of paragraph (2); and ``(ii) shall not include a substantive review of the framework, assessment, or action of an agency under this subsection. ``(B) Remedy available.--In granting relief in an action brought under subparagraph (A), a court may only issue an order remanding the major rule to the agency to comply with paragraph (1) or subparagraph (A), (C), or (D) of paragraph (2), as applicable. ``(C) Effective date of major rule.--If, in an action brought under subparagraph (A)(i), a court determines that the agency did not comply, the major rule shall take effect notwithstanding any order issued by the court. ``(D) Administrator.--Any determination, action, or inaction of the Administrator shall not be subject to judicial review.''. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by subsection (a). <all>

usgpo

2024-06-24T00:12:50.720109

BILLS-118s4267is

To prohibit Big Cypress National Preserve from being designated as wilderness or as a component of the National Wilderness Preservation System, and for other purposes.

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4267 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4267 To prohibit Big Cypress National Preserve from being designated as wilderness or as a component of the National Wilderness Preservation System, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To prohibit Big Cypress National Preserve from being designated as wilderness or as a component of the National Wilderness Preservation System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON DESIGNATION OF BIG CYPRESS NATIONAL PRESERVE AS WILDERNESS. Big Cypress National Preserve may not be designated as wilderness or as a component of the National Wilderness Preservation System. <all>

usgpo

2024-06-24T00:12:50.891120

BILLS-118hr8580eh

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2025

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8580 Engrossed in House (EH)] <DOC> 118th CONGRESS 2d Session H. R. 8580 _______________________________________________________________________ AN ACT Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2025, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2025, and for other purposes, namely: TITLE I DEPARTMENT OF DEFENSE Military Construction, Army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief, $2,217,757,000, to remain available until September 30, 2029: Provided, That, of this amount, not to exceed $334,738,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of the Army determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $87,100,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ``Military Construction, Army'' in the report accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Navy and Marine Corps For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $4,332,414,000, to remain available until September 30, 2029: Provided, That, of this amount, not to exceed $877,946,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $70,480,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ``Military Construction, Navy and Marine Corps'' in the report accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $3,268,276,000, to remain available until September 30, 2029: Provided, That, of this amount, not to exceed $459,926,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Air Force determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $299,000,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ``Military Construction, Air Force'' in the report accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Defense-Wide (including transfer of funds) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $3,500,083,000 (increased by $200,000,000) (reduced by $200,000,000), to remain available until September 30, 2029: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further, That, of the amount, not to exceed $395,131,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $47,920,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ``Military Construction, Defense-Wide'' in the report accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Army National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $367,129,000, to remain available until September 30, 2029: Provided, That, of the amount, not to exceed $30,529,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military Construction, Air National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $195,792,000, to remain available until September 30, 2029: Provided, That, of the amount, not to exceed $15,792,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military Construction, Army Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $265,032,000, to remain available until September 30, 2029: Provided, That, of the amount, not to exceed $41,508,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $5,000,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ``Military Construction, Army Reserve'' in the report accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Navy Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $67,329,000, to remain available until September 30, 2029: Provided, That, of the amount, not to exceed $3,219,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That, of the amount made available under this heading, $37,500,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ``Military Construction, Navy Reserve'' in the report accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Air Force Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $50,499,000, to remain available until September 30, 2029: Provided, That, of the amount, not to exceed $3,798,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. North Atlantic Treaty Organization Security Investment Program For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $433,864,000, to remain available until expended. Department of Defense Base Closure Account For deposit into the Department of Defense Base Closure Account, established by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), $547,961,000 (reduced by $10,000,000) (increased by $10,000,000), to remain available until expended. Family Housing Construction, Army For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $276,647,000, to remain available until September 30, 2029. Family Housing Operation and Maintenance, Army For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $485,611,000 (reduced by $1,000,000) (increased by $1,000,000). Family Housing Construction, Navy and Marine Corps For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $245,742,000, to remain available until September 30, 2029. Family Housing Operation and Maintenance, Navy and Marine Corps For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $387,217,000. Family Housing Construction, Air Force For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $221,549,000, to remain available until September 30, 2029. Family Housing Operation and Maintenance, Air Force For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $336,250,000 (reduced by $1,000,000) (increased by $1,000,000). Family Housing Operation and Maintenance, Defense-Wide For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law, $52,156,000. Department of Defense Family Housing Improvement Fund For the Department of Defense Family Housing Improvement Fund, $8,195,000, to remain available until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. Department of Defense Military Unaccompanied Housing Improvement Fund For the Department of Defense Military Unaccompanied Housing Improvement Fund, $497,000, to remain available until expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied housing and supporting facilities. Administrative Provisions Section 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. Sec. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. Sec. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. Sec. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made. Sec. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. Sec. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction. Sec. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress. Sec. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. Sec. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. Sec. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. Sec. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. Sec. 112. None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further, That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor. Sec. 113. The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. Sec. 114. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. Sec. 115. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. Sec. 116. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. (including transfer of funds) Sec. 117. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in ``Family Housing'' accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in ``Military Construction'' accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided, That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities. (including transfer of funds) Sec. 118. In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred. Sec. 119. Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided, That not more than $20,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year. Sec. 120. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. (including transfer of funds) Sec. 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ``Foreign Currency Fluctuations, Construction, Defense'', to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred. (including transfer of funds) Sec. 122. Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of March 2021, as in effect on the date of enactment of this Act. Sec. 123. None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery. Sec. 124. For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2029: ``Military Construction, Army'', $167,000,000; ``Military Construction, Navy and Marine Corps'', $45,000,000; ``Military Construction, Air Force'', $68,000,000; ``Military Construction, Army National Guard'', $44,000,000; and ``Military Construction, Air National Guard'', $33,000,000. Provided, That such funds may only be obligated to carry out construction and cost to complete projects identified in the respective military department's unfunded priority list for fiscal year 2025 submitted to Congress: Provided further, That such projects are subject to authorization prior to obligation and expenditure of funds to carry out construction: Provided further, That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. Sec. 125. All amounts appropriated to the ``Department of Defense--Military Construction, Army'', ``Department of Defense-- Military Construction, Navy and Marine Corps'', ``Department of Defense--Military Construction, Air Force'', and ``Department of Defense--Military Construction, Defense-Wide'' accounts pursuant to the authorization of appropriations in a National Defense Authorization Act specified for fiscal year 2025 in the funding table in section 4601 of that Act shall be immediately available and allotted to contract for the full scope of authorized projects. Sec. 126. Notwithstanding section 116 of this Act, funds made available in this Act or any available unobligated balances from prior appropriations Acts may be obligated before October 1, 2026, for fiscal year 2018, 2019, and 2020 military construction projects for which project authorization has not lapsed or for which authorization is extended for fiscal year 2025 by a National Defense Authorization Act: Provided, That no amounts may be obligated pursuant to this section from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 127. For the purposes of this Act, the term ``congressional defense committees'' means the Committees on Armed Services of the House of Representatives and the Senate, the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the Senate, and the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives. Sec. 128. For an additional amount for the accounts and in the amounts specified for planning and design and for construction improvements to Department of Defense laboratory facilities, to remain available until September 30, 2029: Military Construction, Army, $15,000,000; ``Military Construction, Navy and Marine Corps'', $15,000,000; and ``Military Construction, Air Force'', $15,000,000: Provided, That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further, That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. Sec. 129. For an additional amount for ``Military Construction, Air Force'', $100,000,000, to remain available until September 30, 2029, for expenses incurred as a result of natural disasters: Provided, That not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force, or their designee, shall submit to the Committees on Appropriations of both House of Congress an expenditure plan for funds provided under this section. Sec. 130. For an additional amount for the accounts and in the amounts specified for planning and design, for child development centers, to remain available until September 30, 2029: ``Military Construction, Army'', $25,000,000; ``Military Construction, Navy and Marine Corps'', $25,000,000; and ``Military Construction, Air Force'', $25,000,000: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. Sec. 131. For an additional amount for the accounts and amounts specified for planning and design, for barracks, to remain available until September 30, 2029: ``Military Construction Army'', $25,000,000; ``Military Construction, Navy and Marine Corps'', $25,000,000; and ``Military Construction, Air Force'', $25,000,000: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. Sec. 132. For an additional amount for the accounts and in the amounts specified for unspecified minor construction for demolition, to remain available until September 30, 2029: ``Military Construction, Army'', $15,000,000; ``Military Construction, Navy and Marine Corps'', $15,000,000 (reduced by $1,000,000) (increased by $1,000,000); ``Military Construction, Air Force'', $15,000,000; Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further, That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. Sec. 133. None of the funds made available by this Act may be used to carry out the closure or realignment of the United States Naval Station, Guantanamo Bay, Cuba. TITLE II DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration compensation and pensions (including transfer of funds) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers' retirement pay, adjusted- service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $9,820,699,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2024, to remain available until expended; and, in addition, $204,481,753,000 (increased by $1,000,000), which shall become available on October 1, 2025, to remain available until expended: Provided, That not to exceed $22,816,224 of the amount made available for fiscal year 2026 under this heading shall be reimbursed to ``General Operating Expenses, Veterans Benefits Administration'', and ``Information Technology Systems'' for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for which is specifically provided as the ``Compensation and Pensions'' appropriation: Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to ``Medical Care Collections Fund'' to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. readjustment benefits For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, $2,657,656,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2024, to remain available until expended; and in addition, $17,614,235,000, which shall become available on October 1, 2025, to remain available until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to this account. veterans insurance and indemnities For military and naval insurance, national service life insurance, servicemen's indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by chapters 19 and 21 of title 38, United States Code, $131,518,000, which shall become available on October 1, 2025, to remain available until expended. veterans housing benefit program fund For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That, during fiscal year 2025, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $319,596,460 (reduced by $1,000,000) (increased by $1,000,000). vocational rehabilitation loans program account For the cost of direct loans, $64,431, as authorized by chapter 31 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $1,563,660. In addition, for administrative expenses necessary to carry out the direct loan program, $493,868, which may be paid to the appropriation for ``General Operating Expenses, Veterans Benefits Administration''. native american veteran housing loan program account For the principal amount of direct loans as authorized by subchapter V of chapter 37 of title 38, United States Code, $75,000,000, to remain available until expended. In addition for administrative expenses necessary to carry out the direct loan program, $5,845,241. general operating expenses, veterans benefits administration For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, $4,035,000,000 (reduced by $1,000,000) (increased by $1,000,000) (reduced by $1,000,000) (increased by $1,000,000): Provided, That expenses for services and assistance authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: Provided further, That, of the funds made available under this heading, not to exceed 10 percent shall remain available until September 30, 2026. Veterans Health Administration medical services For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired under title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances authorized by section 322(d) of title 38, United States Code, grants authorized by section 521A of title 38, United States Code, and administrative expenses necessary to carry out sections 322(d) and 521A of title 38, United States Code, and hospital care and medical services authorized by section 1787 of title 38, United States Code; $75,039,000,000 (reduced by $1,000,000) (increased by $1,000,000) (reduced by $10,000,000) (increased by $10,000,000) (reduced by $5,000,000) (increased by $5,000,000) (reduced by $20,000,000) (increased by $20,000,000) (reduced by $1,000,000) (increased by $1,000,000) (reduced by $1,000,000) (increased by $1,000,000) (increased by $10,000,000) (reduced by $10,000,000) (reduced by $1,000,000) (increased by $1,000,000) (reduced by $1,000,000) (increased by $1,000,000) (reduced by $1,000,000) (increased by $1,000,000), plus reimbursements, shall become available on October 1, 2025, and shall remain available until September 30, 2026: Provided, That, of the amount made available on October 1, 2025, under this heading, $2,000,000,000 (increased by $1,000,000) (reduced by $1,000,000) shall remain available until September 30, 2027: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs: Provided further, That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading for medical supplies and equipment are available for the acquisition of prosthetics designed specifically for female veterans: Provided further, That nothing in section 2044(e)(1) of title 38, United States Code, may be construed as limiting amounts that may be made available under this heading for fiscal years 2024 and 2025 in this or prior Acts. medical community care For necessary expenses for furnishing health care to individuals pursuant to chapter 17 of title 38, United States Code, at non- Department facilities, $34,000,000,000 (reduced by $1,000,000) (increased by $1,000,000) (reduced by $1,000,000) (increased by $1,000,000), plus reimbursements, shall become available on October 1, 2025, and shall remain available until September 30, 2026: Provided, That, of the amount made available on October 1, 2025, under this heading, $2,000,000,000 shall remain available until September 30, 2027. medical support and compliance For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), $12,700,000,000, plus reimbursements, shall become available on October 1, 2025, and shall remain available until September 30, 2026: Provided, That, of the amount made available on October 1, 2025, under this heading, $350,000,000 shall remain available until September 30, 2027. medical facilities For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services; $9,700,000,000 (reduced by $10,000,000) (increased by $10,000,000) (increased by $3,250,000) (reduced by $3,250,000), plus reimbursements, shall become available on October 1, 2025, and shall remain available until September 30, 2026: Provided, That, of the amount made available on October 1, 2025, under this heading, $500,000,000 shall remain available until September 30, 2027. medical and prosthetic research For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 of title 38, United States Code, $923,514,000 (increased by $2,000,000) (reduced by $5,000,000) (increased by $5,000,000) (reduced by $20,000,000) (increased by $20,000,000) (reduced by $1,000,000) (increased by $1,000,000), plus reimbursements, shall remain available until September 30, 2026: Provided, That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading are available for prosthetic research specifically for female veterans, and for toxic exposure research. National Cemetery Administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration, $495,000,000, of which not to exceed 10 percent shall remain available until September 30, 2026. Departmental Administration general administration (including transfer of funds) For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, $457,000,000 (reduced by $2,000,000) (reduced by $3,000,000) (reduced by $2,000,000) (reduced by $3,500,000) (reduced by $3,500,000) (reduced by $1,000,000), of which not to exceed 10 percent shall remain available until September 30, 2026: Provided, That funds provided under this heading may be transferred to ``General Operating Expenses, Veterans Benefits Administration''. board of veterans appeals For necessary operating expenses of the Board of Veterans Appeals, $267,000,000 (increased by $2,000,000) (reduced by $1,000,000) (increased by $1,000,000) of which not to exceed 10 percent shall remain available until September 30, 2026. information technology systems (including transfer of funds) For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $6,231,680,000 (reduced by $2,000,000) (reduced by $10,000,000) (increased by $10,000,000), plus reimbursements: Provided, That $1,686,245,270 (reduced by $2,000,000) shall be for pay and associated costs, of which not to exceed 3 percent shall remain available until September 30, 2026: Provided further, That $4,544,475,000 shall be for operations and maintenance, of which not to exceed 5 percent shall remain available until September 30, 2026, and of which $118,900,000 shall remain available until September 30, 2028, for the purpose of facility activations related to projects funded by the ``Construction, Major Projects'', ``Construction, Minor Projects'', ``Medical Facilities'', ``National Cemetery Administration'', ``General Operating Expenses, Veterans Benefit Administration'', and ``General Administration'' accounts: Provided further, That $960,000 shall be for information technology systems development, and shall remain available until September 30, 2026: Provided further, That amounts made available for salaries and expenses, operations and maintenance, and information technology systems development may be transferred among the three subaccounts after the Secretary of Veterans Affairs requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That amounts made available for the ``Information Technology Systems'' account for development may be transferred among projects or to newly defined projects: Provided further, That no project may be increased or decreased by more than $3,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed: Provided further, That the funds made available under this heading for information technology systems development shall be for the projects, and in the amounts, specified in the table entitled ``Information Technology Development Projects'' under this heading in the report accompanying this Act. veterans electronic health record For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, and salaries and expenses of employees hired under titles 5 and 38, United States Code, $894,000,000, to remain available until September 30, 2026: Provided, That the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility, including any changes from the deployment plan or schedule: Provided further, That the funds provided in this account shall only be available to the Office of the Deputy Secretary, to be administered by that Office: Provided further, That 25 percent of the funds made available under this heading shall not be available until July 1, 2025, and are contingent upon the Secretary of Veterans Affairs-- (1) providing the Committees on Appropriations a report detailing the status of outstanding issues impacting the stability and usability of the new electronic health record system, including those that contributed to the October 13, 2022, deployment delay, along with a timeline and measurable metrics to resolve issues, no later than 60 days after enactment of this Act; (2) certifying and detailing any changes to the full deployment schedule, no later than 60 days prior to July 1, 2025; and (3) certifying in writing no later than 30 days prior to July 1, 2025, the following-- (A) the status of issues included in the report referenced in paragraph (1), including issues that have not been closed but have been suitably resolved or mitigated in a manner that will enhance provider productivity and minimize the potential for patient harm; and (B) whether the system is stable, ready, and optimized for further deployment at VA sites. office of inspector general For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $296,000,000 (increased by $2,000,000), of which not to exceed 10 percent shall remain available until September 30, 2026. construction, major projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 38, United States Code, not otherwise provided for, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous major project appropriation, $2,069,000,000, of which $1,265,000,000 shall remain available until September 30, 2029, and of which $803,700,000 shall remain available until expended: Provided, That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and management activities, and planning, cost estimating, and design for major medical facility projects and major medical facility leases and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, staffing expenses, and funds provided for the purchase, security, and maintenance of land for the National Cemetery Administration and the Veterans Health Administration through the land acquisition line item, none of the funds made available under this heading shall be used for any project that has not been notified to Congress through the budgetary process or that has not been approved by the Congress through statute, joint resolution, or in the explanatory statement accompanying such Act and presented to the President at the time of enrollment: Provided further, That funds provided for the Veterans Health Administration through the land acquisition line item shall only be for projects included on the five year development plan notified to Congress through the budgetary process: Provided further, That such sums as may be necessary shall be available to reimburse the ``General Administration'' account for payment of salaries and expenses of all Office of Construction and Facilities Management employees to support the full range of capital infrastructure services provided, including minor construction and leasing services: Provided further, That funds made available under this heading for fiscal year 2025, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2025; and (2) by the awarding of a construction contract by September 30, 2026: Provided further, That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above. construction, minor projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 38, United States Code, not otherwise provided for, where the estimated cost of a project is equal to or less than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, $380,453,000, of which $342,408,000 shall remain available until September 30, 2029, and of which $38,045,000 shall remain available until expended, along with unobligated balances of previous ``Construction, Minor Projects'' appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in such section: Provided, That funds made available under this heading shall be for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes. grants for construction of state extended care facilities For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code, $156,000,000 (increased by $2,000,000) (reduced by $15,000,000) (increased by $15,000,000) (reduced by $1,000,000) (increased by $1,000,000), to remain available until expended. grants for construction of veterans cemeteries For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized by section 2408 of title 38, United States Code, $60,000,000 (increased by $2,000,000) (increased by $2,000,000) (reduced by $1,000,000) (increased by $1,000,000), to remain available until expended. cost of war toxic exposures fund For investment in the delivery of veterans' health care associated with exposure to environmental hazards, the expenses incident to the delivery of veterans' health care and benefits associated with exposure to environmental hazards, and medical and other research relating to exposure to environmental hazards, as authorized by section 324 of title 38, United States Code, and in addition to the amounts otherwise available for such purposes in the appropriations provided in this or prior Acts, $22,800,000,000, which shall become available on October 1, 2025, and shall remain available until expended. Administrative Provisions (including transfer of funds) Sec. 201. Any appropriation for fiscal year 2025 for ``Compensation and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and Indemnities'' may be transferred as necessary to any other of the mentioned appropriations: Provided, That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. (including transfer of funds) Sec. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2025, in this or any other Act, under the ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', and ``Medical Facilities'' accounts may be transferred among the accounts: Provided, That any transfers among the ``Medical Services'', ``Medical Community Care'', and ``Medical Support and Compliance'' accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further, That any transfers among the ``Medical Services'', ``Medical Community Care'', and ``Medical Support and Compliance'' accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the ``Medical Facilities'' account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. Sec. 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code. Sec. 204. No appropriations in this title (except the appropriations for ``Construction, Major Projects'', and ``Construction, Minor Projects'') shall be available for the purchase of any site for or toward the construction of any new hospital or home. Sec. 205. No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made to the ``Medical Services'' account at such rates as may be fixed by the Secretary of Veterans Affairs. Sec. 206. Appropriations available in this title for ``Compensation and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and Indemnities'' shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2024. Sec. 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from ``Compensation and Pensions''. (including transfer of funds) Sec. 208. Notwithstanding any other provision of law, during fiscal year 2025, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans' Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the ``General Operating Expenses, Veterans Benefits Administration'' and ``Information Technology Systems'' accounts for the cost of administration of the insurance programs financed through those accounts: Provided, That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2025 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further, That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 2025 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program. Sec. 209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services shall be available until expended. (including transfer of funds) Sec. 210. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management, Diversity and Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within the Office of Human Resources and Administration for all services provided at rates which will recover actual costs but not to exceed $133,363,000 for the Office of Resolution Management, Diversity and Inclusion, $9,606,581 for the Office of Employment Discrimination Complaint Adjudication, and $7,686,000 for the Alternative Dispute Resolution function within the Office of Human Resources and Administration: Provided, That payments may be made in advance for services to be furnished based on estimated costs: Provided further, That amounts received shall be credited to the ``General Administration'' and ``Information Technology Systems'' accounts for use by the office that provided the service. Sec. 211. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required: Provided further, That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received. (including transfer of funds) Sec. 212. Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the ``Construction, Major Projects'' and ``Construction, Minor Projects'' accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in ``Construction, Major Projects'' and ``Construction, Minor Projects''. Sec. 213. Amounts made available under ``Medical Services'' are available-- (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department. (including transfer of funds) Sec. 214. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to the ``Medical Services'' and ``Medical Community Care'' accounts to remain available until expended for the purposes of these accounts. Sec. 215. The Secretary of Veterans Affairs may enter into agreements with Federally Qualified Health Centers in the State of Alaska and Indian Tribes and Tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term ``rural Alaska'' shall mean those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough. (including transfer of funds) Sec. 216. Such sums as may be deposited into the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the ``Construction, Major Projects'' and ``Construction, Minor Projects'' accounts, to remain available until expended for the purposes of these accounts. Sec. 217. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a report on the financial status of the Department of Veterans Affairs for the preceding quarter: Provided, That, at a minimum, the report shall include the direction contained in the paragraph entitled ``Quarterly reporting'', under the heading ``General Administration'' in the joint explanatory statement accompanying Public Law 114-223. (including transfer of funds) Sec. 218. Amounts made available under the ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', ``Medical Facilities'', ``General Operating Expenses, Veterans Benefits Administration'', ``Board of Veterans Appeals'', ``General Administration'', and ``National Cemetery Administration'' accounts for fiscal year 2025 may be transferred to or from the ``Information Technology Systems'' account: Provided, That such transfers may not result in a more than 10 percent aggregate increase in the total amount made available by this Act for the ``Information Technology Systems'' account: Provided further, That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. (including transfer of funds) Sec. 219. Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2025 for ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', ``Medical Facilities'', ``Construction, Minor Projects'', and ``Information Technology Systems'', up to $594,828,000, plus reimbursements, may be transferred to the Joint Department of Defense-- Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense--Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress: Provided further, That section 220 of title II of division A of Public Law 118-42 is repealed. (including transfer of funds) Sec. 220. Of the amounts appropriated to the Department of Veterans Affairs which become available on October 1, 2025, for ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', and ``Medical Facilities'', up to $664,625,000, plus reimbursements, may be transferred to the Joint Department of Defense-- Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense--Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. (including transfer of funds) Sec. 221. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense--Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That, notwithstanding section 1704(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts transferred to the Joint Department of Defense-- Department of Veterans Affairs Medical Facility Demonstration Fund shall remain available until expended. (including transfer of funds) Sec. 222. Of the amounts available in this title for ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall be transferred to the DOD-VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code. Sec. 223. The Secretary of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in a major construction project that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided, That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings. Sec. 224. None of the funds made available for ``Construction, Major Projects'' may be used for a project in excess of the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations unless the Secretary of Veterans Affairs receives approval from the Committees on Appropriations of both Houses of Congress. Sec. 225. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each Veterans Benefits Administration Regional Office: Provided, That, at a minimum, the report shall include the direction contained in the section entitled ``Disability claims backlog'', under the heading ``General Operating Expenses, Veterans Benefits Administration'' in the joint explanatory statement accompanying Public Law 114-223: Provided further, That the report shall also include information on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly basis. Sec. 226. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another. Sec. 227. The Secretary of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $1,000,000. (including transfer of funds) Sec. 228. The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans Health Administration, may transfer to the ``Medical Services'' account any discretionary appropriations made available for fiscal year 2025 in this title (except appropriations made to the ``General Operating Expenses, Veterans Benefits Administration'' account) or any discretionary unobligated balances within the Department of Veterans Affairs, including those appropriated for fiscal year 2025, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of the Office of Management and Budget: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority provided by law: Provided further, That no amounts may be transferred from amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That such authority to transfer may not be used unless for higher priority items, based on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further, That, upon determination that all or part of the funds transferred from an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the same purposes as originally appropriated: Provided further, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request. (including transfer of funds) Sec. 229. Amounts made available for the Department of Veterans Affairs for fiscal year 2025, under the ``Board of Veterans Appeals'' and the ``General Operating Expenses, Veterans Benefits Administration'' accounts may be transferred between such accounts: Provided, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request. Sec. 230. The Secretary of Veterans Affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations of both Houses of Congress. Sec. 231. (a) The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code-- (1) provides to individuals who contact the hotline immediate assistance from a trained professional; and (2) adheres to all requirements of the American Association of Suicidology. (b)(1) None of the funds made available by this Act may be used to enforce or otherwise carry out any Executive action that prohibits the Secretary of Veterans Affairs from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, at the Department of Veterans Affairs with respect to such a position relating to the hotline specified in subsection (a). (2) In this subsection-- (A) the term ``civil service'' has the meaning given such term in section 2101(1) of title 5, United States Code; and (B) the term ``Executive action'' includes-- (i) any Executive order, Presidential memorandum, or other action by the President; and (ii) any agency policy, order, or other directive. (c)(1) The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the hotline specified in subsection (a) during the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline. (2) At a minimum, the study required by paragraph (1) shall-- (A) determine the number of veterans who contact the hotline specified in subsection (a) and who receive follow up services from the hotline or mental health services from the Department of Veterans Affairs thereafter; (B) determine the number of veterans who contact the hotline who are not referred to, or do not continue receiving, mental health care who commit suicide; and (C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide. Sec. 232. Effective during the period beginning on October 1, 2018, and ending on January 1, 2026, none of the funds made available to the Secretary of Veterans Affairs by this or any other Act may be obligated or expended in contravention of the ``Veterans Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration's Screening for Breast Cancer Guidance'' published on May 10, 2017, as issued by the Veterans Health Administration National Center for Health Promotion and Disease Prevention. Sec. 233. (a) Notwithstanding any other provision of law, the amounts appropriated or otherwise made available to the Department of Veterans Affairs for the ``Medical Services'' account may be used to provide-- (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran; or (2) adoption reimbursement to a covered veteran. (b) In this section: (1) The term ``service-connected'' has the meaning given such term in section 101 of title 38, United States Code. (2) The term ``covered veteran'' means a veteran, as such term is defined in section 101 of title 38, United States Code, who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. (3) The term ``assisted reproductive technology'' means benefits relating to reproductive assistance provided to a member of the Armed Forces who incurs a serious injury or illness on active duty pursuant to section 1074(c)(4)(A) of title 10, United States Code, as described in the memorandum on the subject of ``Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members'' issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such policy, including any limitations on the amount of such benefits available to such a member except that-- (A) the time periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and (B) such term includes embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage. (4) The term ``adoption reimbursement'' means reimbursement for the adoption-related expenses for an adoption that is finalized after the date of the enactment of this Act under the same terms as apply under the adoption reimbursement program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction. (c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds contained in section 508 of division H of the Consolidated Appropriations Act, 2018 (Public Law 115-141). Sec. 234. None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States Code. Sec. 235. Section 842 of Public Law 109-115 shall not apply to conversion of an activity or function of the Veterans Health Administration, Veterans Benefits Administration, or National Cemetery Administration to contractor performance by a business concern that is at least 51 percent owned by one or more Indian Tribes as defined in section 5304(e) of title 25, United States Code, or one or more Native Hawaiian Organizations as defined in section 637(a)(15) of title 15, United States Code. Sec. 236. (a) The Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall discontinue using Social Security account numbers to authenticate individuals in all information systems of the Department of Veterans Affairs for all individuals not later than September 30, 2024: (b) The Secretary of Veterans Affairs may collect and use a Social Security account number to identify an individual, in accordance with section 552a of title 5, United States Code, in an information system of the Department of Veterans Affairs if and only if the use of such number is necessary to: (1) obtain or provide information the Secretary requires from an information system that is not under the jurisdiction of the Secretary; (2) comply with a law, regulation, or court order; (3) perform anti-fraud activities; or (4) identify a specific individual where no adequate substitute is available. (c) The matter in subsections (a) and (b) shall supersede section 237 of division J of Public Law 117-328. Sec. 237. For funds provided to the Department of Veterans Affairs for each of fiscal year 2025 and 2026 for ``Medical Services'', section 239 of division A of Public Law 114-223 shall apply. Sec. 238. None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of Veterans Affairs may be used to transfer any amounts from the Filipino Veterans Equity Compensation Fund to any other account within the Department of Veterans Affairs. Sec. 239. Of the funds provided to the Department of Veterans Affairs for each of fiscal year 2025 and fiscal year 2026 for ``Medical Services'', funds may be used in each year to carry out and expand the child care program authorized by section 205 of Public Law 111-163, notwithstanding subsection (e) of such section. Sec. 240. None of the funds appropriated or otherwise made available in this title may be used by the Secretary of Veterans Affairs to enter into an agreement related to resolving a dispute or claim with an individual that would restrict in any way the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by Federal law or required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. Sec. 241. For funds provided to the Department of Veterans Affairs for each of fiscal year 2025 and 2026, section 258 of division A of Public Law 114-223 shall apply. Sec. 242. (a) None of the funds appropriated or otherwise made available by this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to such Inspector General and expressly limits the right of access. (b) A department or agency covered by this section shall provide its Inspector General access to all records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within 5 calendar days of any failure by any department or agency covered by this section to comply with this requirement. Sec. 243. None of the funds made available in this Act may be used in a manner that would increase wait times for veterans who seek care at medical facilities of the Department of Veterans Affairs. Sec. 244. None of the funds appropriated or otherwise made available by this Act to the Veterans Health Administration may be used in fiscal year 2025 to convert any program which received specific purpose funds in fiscal year 2024 to a general purpose funded program unless the Secretary of Veterans Affairs submits written notification of any such proposal to the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action and an approval is issued by the Committees. Sec. 245. For funds provided to the Department of Veterans Affairs for each of fiscal year 2025 and 2026, section 248 of division A of Public Law 114-223 shall apply. Sec. 246. (a) None of the funds appropriated or otherwise made available by this Act may be used to conduct research commencing on or after March 9, 2024, that uses any canine, feline, or non-human primate unless the Secretary of Veterans Affairs approves such research specifically and in writing pursuant to subsection (b). (b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after March 9, 2024, using canines, felines, or non-human primates if the Secretary certifies that-- (A) the scientific objectives of the research can only be met by using such canines, felines, or non-human primates and cannot be met using other animal models, in vitro models, computational models, human clinical studies, or other research alternatives; (B) such scientific objectives are necessary to advance research benefiting veterans and are directly related to an illness or injury that is combat-related as defined by 10 U.S.C. 1413(e); (C) the research is consistent with the revised Department of Veterans Affairs canine research policy document dated December 15, 2017, including any subsequent revisions to such document; and (D) ethical considerations regarding minimizing the harm experienced by canines, felines, or non-human primates are included in evaluating the scientific necessity of the research. (2) The Secretary may not delegate the authority under this subsection. (c) If the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing-- (1) the nature of the research to be conducted using canines, felines, or nun-human primates; (2) the date on which the Secretary approved the research; (3) the USDA pain category on the approved use; (4) the justification for the determination of the Secretary that the scientific objectives of such research could only be met using canines, felines, or nun-human primates, and methods used to make such determination; (5) the frequency and duration of such research; and (6) the protocols in place to ensure the necessity, safety, and efficacy of the research, and animal welfare. (d) Not later than September 9, 2024, and biannually thereafter, the Secretary shall submit to such Committees a report describing-- (1) any research being conducted by the Department of Veterans Affairs using canines, felines, or non-human primates as of the date of the submittal of the report; (2) the circumstances under which such research was conducted using canines, felines, or non-human primates; (3) the justification for using canines, felines, or non- human primates to conduct such research; (4) the protocols in place to ensure the necessity, safety, and efficacy of such research; and (5) the development and adoption of alternatives to canines, felines, or non-human primates research. (e) Not later than September 9, 2024, and annually thereafter, the Department of Veterans Affairs must submit to voluntary U.S. Department of Agriculture inspections of canine, feline, and non-human primate research facilities. (f) Not later than September 9, 2024, and annually thereafter, the Secretary shall submit to such Committees a report describing-- (1) any violations of the Animal Welfare Act, the Public Health Service Policy on Humane Care and Use of Laboratory Animals, or other Department of Veterans Affairs policies related to oversight of animal research found during that quarter in VA research facilities; (2) immediate corrective actions taken; and (3) specific actions taken to prevent their recurrence. (g) The Department shall implement a plan under which the Secretary will eliminate the research conducted using canines, felines, or non- human primates by not later than March 9, 2026. Sec. 247. (a) The Secretary of Veterans Affairs may use amounts appropriated or otherwise made available in this title to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter 31 of title 38, United States Code, does not exceed 125 veterans to one full-time employment equivalent. (b) Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the programs of rehabilitation conducted under chapter 31 of title 38, United States Code, including-- (1) an assessment of the veteran-to-staff ratio for each such program; and (2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each such program. Sec. 248. Amounts made available for the ``Veterans Health Administration, Medical Community Care'' account in this or any other Act for fiscal years 2025 and 2026 may be used for expenses that would otherwise be payable from the Veterans Choice Fund established by section 802 of the Veterans Access, Choice, and Accountability Act, as amended (38 U.S.C. 1701 note). Sec. 249. Obligations and expenditures applicable to the ``Medical Services'' account in fiscal years 2017 through 2019 for aid to state homes (as authorized by section 1741 of title 38, United States Code) shall remain in the ``Medical Community Care'' account for such fiscal years. Sec. 250. Of the amounts made available for the Department of Veterans Affairs for fiscal year 2025, in this or any other Act, under the ``Veterans Health Administration--Medical Services'', ``Veterans Health Administration--Medical Community Care'', ``Veterans Health Administration--Medical Support and Compliance'', and ``Veterans Health Administration--Medical Facilities'' accounts, $1,323,444,000 shall be made available for gender-specific care and programmatic efforts to deliver care for women veterans. Sec. 251. Notwithstanding any other law, unless prevented by an order issued by a federal or state court, by no later than September 30, 2025, the Secretary shall commence construction of the Community Based Outpatient Clinic in Bakersfield, California authorized in section 1(a)(3) of Public Law 111-82 and in accordance with Lease No. 36C10F20L0008 or successor lease. Sec. 252. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the status of the ``Veterans Medical Care and Health Fund'', established to execute section 8002 of the American Rescue Plan Act of 2021 (Public Law 117-2): Provided, That, at a minimum, the report shall include an update on obligations by program, project or activity and a plan for expending the remaining funds. Sec. 253. Any amounts transferred to the Secretary and administered by a corporation referred to in section 7364(b) of title 38, United States Code, between October 1, 2018 and September 30, 2019 for purposes of carrying out an order placed with the Department of Veterans Affairs pursuant to section 1535 of title 31, United States Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to remain available for the liquidation of valid obligations incurred by such corporation during the period of performance of such order, provided that the Secretary of Veterans Affairs determines that such amounts need to remain available for such liquidation. Sec. 254. Unobligated balances available under the headings ``Construction, Major Projects'' and ``Construction, Minor Projects'' may be obligated by the Secretary of Veterans Affairs for a facility pursuant to section 2(e)(1) of the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 (Public Law 114-294; 38 U.S.C. 8103 note), as amended, to provide additional funds or to fund an escalation clause under such section of such Act: Provided, That before such unobligated balances are obligated pursuant to this section, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to obligate such unobligated balances and such Committees issue an approval, or absent a response, a period of 30 days has elapsed: Provided further, That the request to obligate such unobligated balances must provide Congress notice that the entity described in section 2(a)(2) of Public Law 114-294, as amended, has exhausted available cost containment approaches as set forth in the agreement under section 2(c) of such Public Law. Sec. 255. (a) None of the funds made available in this Act may be used to implement, administer, or otherwise carry out the Department of Veterans Affairs interim final rule published on September 9, 2022, or any successor to such rule, or to propose, promulgate, or implement any substantially similar rule or policy. (b) None of the funds appropriated in this Act shall be expended for any abortion, including through a medical benefits package or health benefits program that includes coverage of abortion. (c) The limitations established in subsection (b) shall not apply to an abortion-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Sec. 256. None of the funds made available by this Act may be used for surgical procedures or hormone therapies for the purposes of gender affirming care. Sec. 257. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to fly or display a flag over a facility of the Department of Veterans Affairs or a national cemetery other than the flag of the United States, the flag of a State, Territory, or District of Columbia, the flag of an Indian Tribal government, the flag of the Department, the flag of an Armed Force, or the POW/MIA flag. Sec. 258. During the period beginning on October 1, 2024 and ending on September 30, 2025, none of the funds made available by this Act may be used to administer, implement, or enforce the final rule issued by the Secretary of Veterans Affairs relating to ``Change in Rates VA Pays for Special Modes of Transportation'' (88 Fed. Reg. 10032) and published on February 16, 2023. Sec. 259. None of the funds made available by this Act may be used to carry out VHA Directive 1193.01, ``Coronavirus Disease 2019 Vaccination Program for Veterans Health Administration Health Care Personnel''. Sec. 260. None of the funds made available by this Act may be used to provide any services to any individual unlawfully present in the United States who is not eligible for health care under the laws administered by the Secretary of Veterans Affairs. Sec. 261. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs under section 5502 of title 38, United States Code, in any case arising out of the administration by the Secretary of laws and benefits under such title, to report a person who is deemed mentally incapacitated, mentally incompetent, or to be experiencing an extended loss of consciousness as a person who has been adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, without the order or finding a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others. TITLE III RELATED AGENCIES American Battle Monuments Commission salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $15,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $90,020,000, to remain available until expended. foreign currency fluctuations account For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. United States Court of Appeals for Veterans Claims salaries and expenses For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $47,200,000: Provided, That $3,800,000 shall be available for the purpose of providing financial assistance as described and in accordance with the process and reporting procedures set forth under this heading in Public Law 102- 229. Department of Defense--Civil Cemeterial Expenses, Army salaries and expenses For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $2,000 for official reception and representation expenses, $105,514,000, of which not to exceed $15,000,000 shall remain available until September 30, 2027. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the ``Lease of Department of Defense Real Property for Defense Agencies'' account. construction For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, $42,000,000, to remain available until expended for planning and design and construction associated with the Southern Expansion project at Arlington National Cemetery. Armed Forces Retirement Home trust fund For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home--Washington, District of Columbia, and the Armed Forces Retirement Home--Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $69,520,000, to remain available until September 30, 2026, of which $1,000,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home--Washington, District of Columbia, and the Armed Forces Retirement Home--Gulfport, Mississippi: Provided, That of the amounts made available under this heading from funds available in the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid from the general fund of the Treasury to the Trust Fund. major construction For expenses necessary to support efforts to complete the renovation of the Sheridan Building at the Armed Forces Retirement Home--Washington, District of Columbia, $31,000,000, to remain available until expended, shall be paid from the general fund of the Treasury to the Armed Forces Retirement Home Trust Fund. Administrative Provision Sec. 301. Amounts deposited into the special account established under 10 U.S.C. 7727 are appropriated and shall be available until expended to support activities at the Army National Military Cemeteries. TITLE IV GENERAL PROVISIONS Sec. 401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 402. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. Sec. 403. All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of ``E-Commerce'' technologies and procedures in the conduct of their business practices and public service activities. Sec. 404. Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. Sec. 405. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act. Sec. 406. None of the funds made available in this Act may be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives. Sec. 407. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises national security; or (2) the report contains confidential or proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 30days. Sec. 408. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Sec. 409. None of the funds made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301-10.122 through 301-10.124 of title 41, Code of Federal Regulations. Sec. 410. None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989. Sec. 411. None of the funds made available by this Act may be used in contravention of section 101(e)(8) of title 10, United States Code. Sec. 412. (a) In General.--None of the funds appropriated or otherwise made available to the Department of Defense in this Act may be used to construct, renovate, or expand any facility in the United States, its territories, or possessions to house any individual detained at United States Naval Station, Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who-- (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is-- (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. Sec. 413. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matter pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. Sec. 414. None of the funds appropriated or otherwise made available by this Act may be made available to implement, administer, apply, enforce, or carry out Executive Order 13985 of January 20, 2021 (86 Fed. Reg. 7009), Executive Order 14035 of June 25, 2021 (86 Fed. Reg. 34593), or Executive Order 14091 of February 16, 2023 (88 Fed. Reg. 10825). Sec. 415. None of the funds made available by this Act may be used to carry out any program, project, or activity that promotes or advances Critical Race Theory or any concept associated with Critical Race Theory. Sec. 416. (a) In General.--Notwithstanding section 7 of title 1, United States Code, section 1738C of title 28, United States Code, or any other provision of law, none of the funds provided by this Act, or previous appropriations Acts, shall be used in whole or in part to take any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman. (b) Discriminatory action defined.--As used in subsection (a), a discriminatory action means any action taken by the Federal Government to-- (1) alter in any way the Federal tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke an exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 of, any person referred to in subsection (a); (2) disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person; (3) withhold, reduce the amount or funding for, exclude, terminate, or otherwise make unavailable or deny, any Federal grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, license, certification, accreditation, employment, or other similar position or status from or to such person; (4) withhold, reduce, exclude, terminate, or otherwise make unavailable or deny, any entitlement or benefit under a Federal benefit program, including admission to, equal treatment in, or eligibility for a degree from an educational program, from or to such person; or (5) withhold, reduce, exclude, terminate, or otherwise make unavailable or deny access or an entitlement to Federal property, facilities, educational institutions, speech fora (including traditional, limited, and nonpublic fora), or charitable fundraising campaigns from or to such person. (c) Accreditation; Licensure; Certification.--The Federal Government shall consider accredited, licensed, or certified for purposes of Federal law any person that would be accredited, licensed, or certified, respectively, for such purposes but for a determination against such person wholly or partially on the basis that the person speaks, or acts, in accordance with a sincerely held religious belief or moral conviction described in subsection (a). Sec. 417. None of the funds made available by this Act may be used for any office, programs, or activity for the purposes of diversity, equity, and inclusion training or implementation. Sec. 418. None of the funds made available by this Act may be used to enforce COVID-19 mask mandates. Sec. 419. None of the funds made available by this Act may be used to administer, implement, or enforce Executive Order No. 14057 of December 8, 2021. Sec. 420. None of the funds appropriated by this Act may be used to implement any of the following executive orders: (1) Executive Order No. 13990, relating to Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis. (2) Executive Order No. 14008, relating to Tackling the Climate Crisis at Home and Abroad. (3) Section 6 of Executive Order No. 14013, relating to Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration. (4) Executive Order No. 14030, relating to Climate-Related Financial Risk. (5) Executive Order No. 14057, relating to Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. (6) Executive Order No. 14082, relating to Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022. (7) Executive Order No. 14096, relating to Revitalizing Our Nation's Commitment to Environmental Justice for All. Sec. 421. (a) In General.--None of the funds appropriated by this Act or otherwise made available for Fiscal Year 2025 for the Department of Veterans Affairs may be obligated or expended to procure or purchase computers, printers, software, or hardware needed for an office environment in which the manufacturer, bidder, or offeror, or any subsidy or parent company of an entity-- (1) in which the People's Republic of China has any ownership stake; or (2) that contributes to the defense industry of the Chinese Communist Party. (b) APPLICABILITY TO THIRD PARTIES.-- The prohibition in subsection (a) also applies in cases in which the Secretary has contracted with a third party for the procurement, purchase, or expenditure of funds on any of the equipment and software described in such subsection. Sec. 422. None of the funds made available by this Act may be used to pay to an individual employed in a Senior Executive Service position (as such term is defined in section 3132(a) of title 5, United States Code) at the Department of Veterans Affairs a critical skills incentive under section 706(d) of title 38, United States Code. spending reduction account Sec. 423. $0. Sec. 424. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to ban or remove the photograph ``V-J Day in Times Square''. Sec. 425. None of the funds made available by this Act may be used by the Department of Veterans Affairs to decommission mileage reimbursement kiosks. Sec. 426. None of the funds appropriated or otherwise made available by this Act may be used to enforce the provision included in Chapter 1.8 of the VHA Office of Community Care, ``Field Guidebook: Specialty Programs'' to make wait time and drive time access standards only applicable to primary care, specialty care, and non-institutional extended care services. Sec. 427. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to report a determination under section 5502 of title 38, United States Code, and section 3.353 of title 38 of the Code of Federal Regulations, to the Department of Justice National Instant Criminal Background Check System established pursuant to section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901). Sec. 428. None of the funds appropriated or otherwise made available to the Department of Veterans Affairs in this Act may be used to enforce Veterans Health Directive 1315 as it relates to-- (1) the policy stating that ``VHA providers are prohibited from completing forms or registering Veterans for participation in a State-approved marijuana program''; (2) the directive for the ``Deputy Under Secretary for Health for Operations and Management'' to ensure that ``medical facility Directors are aware that it is VHA policy for providers to assess Veteran use of marijuana but providers are prohibited from recommending, making referrals to or completing paperwork for Veteran participation in State marijuana programs''; and (3) the directive for the ``VA Medical Facility Director'' to ensure that ``VA facility staff are aware of the following'' ``[t]he prohibition on recommending, making referrals to or completing forms and registering Veterans for participation in State-approved marijuana programs''. Sec. 429. None of the funds made available by this Act may be used to modify or remove any display of the Department of Veterans Affairs that bears the mission statement ``To fulfill President Lincoln's promise `to care for him who shall have borne the battle, and for his widow, and his orphan' by serving and honoring the men and women who are America's veterans.''' Sec. 430. None of the funds appropriated by this Act may be used by the Department of Veterans Affairs to process medical claims for the Immigration and Customs Enforcement Health Service Corps at the Department of Homeland Security. This Act may be cited as the ``Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2025''. Passed the House of Representatives June 5, 2024. Attest: Clerk. 118th CONGRESS 2d Session H. R. 8580 _______________________________________________________________________ AN ACT Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2025, and for other purposes.

usgpo

2024-06-24T00:12:51.001129