[Federal Register Volume 68, Number 94 (Thursday, May 15, 2003)]
[Proposed Rules]
[Pages 26269-26279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12051]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[DOT Docket No. NHTSA-03-14907]
RIN 2127-AI43
Federal Motor Vehicle Safety Standards; Transmission Shift Lever
Sequence, Starter Interlock, and Transmission Braking Effect
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to amend the starter interlock
requirements of Federal Motor Vehicle Safety Standard No. 102 to permit
a vehicle's engine to stop and restart automatically after the driver
has initially started the vehicle. The amendment would facilitate the
development of propulsion systems, such as hybrid/electric systems,
that conserve energy and reduce emissions by stopping the engine
(internal combustion engine) when it is not needed. To prevent
inadvertent vehicle motion in reverse gear that may result from a
driver shifting error, the proposed amendment would allow a propulsion
system to start and stop automatically in reverse gear only if the
system exhibits, at least, a minimum ``creep force'' when the engine is
stopped.
DATES: You should submit your comments early enough to ensure that
Docket Management receives them not later than July 14, 2003.
ADDRESSES: You should mention the docket number of this document in
your comments and submit your comments in writing to: Docket
Management, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590.
You may call the Docket at 202-366-9324. You may visit the Docket
from 10 a.m. to 5 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call Mr.
William Evans, Office of Crash Avoidance Standards at (202) 366-2272.
His FAX number is (202) 493-2739.
For legal issues, you may call Ms. Dorothy Nakama, Office of the
Chief
[[Page 26270]]
Counsel at (202) 366-2992. Her FAX number is (202) 366-3820.
You may send mail to both of these officials at National Highway
Traffic Safety Administration, 400 Seventh St., SW., Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. What is the Safety Need for this Rulemaking?
III. How Different Hybrid/Electrical Systems Work
A. How the Toyota Hybrid System Works--The Prius
B. How Idle-Stop Technology Works--The Honda Insight
IV. Previous Related Rulemaking Action--ZEMCO Petition
V. Notice of Proposed Rulemaking
A. Reed Interpretation Letter, the Significance of Reverse Drive
and the Park Position
B. Safety Importance of Creep Force in Cueing the Driver--Creep
Force in Reverse
C. The Level of Creep Force Specified
D. The Safety Need for Fail-Safe Provisions for Automatic Engine
Stopping and Restarting While the Transmission and/or Transmission
Shift Lever Are in Gear
VI. Leadtime
VII. Regulatory Analyses and Notices
A. Executive Order 12866; DOT Regulatory Policies and Procedures
B. Executive Order 13132 (Federalism)
C. Executive Order 13045 (Economically Significant Rules
Disproportionately Affecting Children)
D. Executive Order 12778 (Civil Justice Reform)
E. Regulatory Flexibility Act
F. National Environmental Policy Act
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act
I. Unfunded Mandates Reform Act of 1995
J. Data Quality Guidelines
K. Plain Language
L. Regulation Identifier Number (RIN)
Proposed Regulatory Text
I. Executive Summary
The starter interlock requirement of Federal Motor Vehicle Safety
Standard (FMVSS) No. 102 (presently at S3.1.3) states ``the engine
starter shall be inoperative when the transmission shift lever is in a
forward or reverse drive position.'' The purpose of this requirement is
to prevent injuries and death from the unexpected motion of a vehicle
when the driver starts the vehicle with the transmission inadvertently
in a forward or reverse gear. Two recently introduced vehicles, the
Toyota Prius and the Honda Insight, are powered by hybrid/electric
systems (the Toyota Hybrid System (THS) and Honda's Idle-stop
Technology (IST)) that permit their gasoline engines to stop and
restart automatically while the transmission shift lever is in a drive
position.
Each manufacturer requested us to interpret S3.1.3 as it applied to
these new vehicles. In interpretation letters to Toyota (November 1,
1999) and Honda (January 17, 2001), we concluded that S3.1.3 would not
prohibit either system. In each case we based our interpretations on a
finding that the system met S3.1.3's underlying purpose of ensuring
that the vehicle will not lurch forward or backward during driver
activation of the engine starter because driver activation of the
engine starter is inoperative when the transmission shift lever is in a
drive position. We also noted that these new systems were more complex
than those on vehicles that existed when S3.1.3 was first adopted, and
that we planned to conduct rulemaking to update the requirements of
FMVSS No. 102. Pending completion of the rulemaking, we stated that we
would interpret S3.1.3 as requiring that driver activation of the
engine starter must be inoperative when the transmission shift lever is
in a forward or reverse drive position.
This notice proposes to amend S3.1.3 to accommodate these new
technologies, while preserving the safety purpose of the standard. With
respect to vehicles with automatic transmissions, the agency proposes
that, after activation of the vehicle's propulsion system by the
driver, the engine may stop and restart automatically when the
transmission shift lever is in any forward drive gear.
We also propose to permit the engine to start and stop
automatically when the transmission shift lever is in Reverse, but only
if the vehicle's propulsion system provides, at least, a minimum creep
force in Reverse when the engine is stopped, the accelerator is
released and the propulsion system is activated. In vehicles whose
engines automatically start and stop in Reverse, creep force is a force
that must be overcome by driver braking even when the engine is not
running. Creep force is significant relative to rearward motion in that
it serves to warn drivers of impending rearward motion before the
driver fully releases the brake (as does an internal combustion engine
(ICE) automatic transmission only vehicle with the engine running).
In ICE automatic transmission only vehicles, creep force is the
motive force applied to the vehicle by the idling engine and automatic
transmission whenever the transmission shift lever is in a drive
position. Creep force occurs in the direction indicated by the
automatic transmission shift lever position and provides enough force
to cause motion of a vehicle loaded to its Gross Vehicle Weight Rating
(GVWR) on a level, paved surface before the service brake pedal is
completely released. Although not required by the Federal Motor Vehicle
Safety Standards, creep force exists on virtually all vehicles powered
by ICE engines and equipped with automatic transmissions.
To measure creep force, we propose a test procedure that will be
applicable to any vehicle whose propulsion system provides for
automatic stopping and restarting when the transmission is in Reverse.
II. What Is the Safety Need for This Rulemaking?
This rulemaking addresses the starter interlock requirement in
S3.1.3 of FMVSS No. 102, which currently states that the engine starter
shall be inoperative when the transmission shift lever is in a forward
or reverse drive position. The requirement was adopted as part of the
original standard in 1968 for the purpose of preventing injuries and
death from the unexpected surging of a vehicle forward or rearward in
cases where the driver starts the vehicle while its transmission is
inadvertently in a forward or reverse drive gear.
The development of the Toyota Hybrid System (THS) used on the Prius
introduced a low emission, fuel saving propulsion system that, by
design, allows the engine to stop and restart automatically while the
transmission shift lever remains in a drive position. The design of the
THS satisfies the concern addressed in S3.1.3, that the driver not be
able to activate the engine starter when the transmission shift lever
is in a forward or reverse drive position; however, the THS design is
not in compliance with S3.1.3's literal meaning. Until the development
of the THS, it was not necessary for S3.1.3 to differentiate between
driver activation and automatic activation of the engine starter as the
driver always activated the starter.
In response to a request by Toyota regarding the Prius, NHTSA
issued an interpretation letter of November 1, 1999, in which we ruled
that S3.1.3 applied to the driver's activation of the engine starter
when the transmission shift lever is in a forward or reverse drive
position, not to automatic activation of the engine starter. The THS
raised no other FMVSS No. 102 issues. From a driver's perspective, the
THS/Prius operates like an ICE automatic transmission only vehicle. The
engine stopping and restarting mode is in effect in both forward and
reverse drive gears, and regardless of whether the gasoline engine or
the electric motor is powering
[[Page 26271]]
the vehicle, the propulsion system provides a creep force that must be
opposed by the vehicle brake in order to keep the vehicle stopped when
the propulsion system is on, the accelerator is released and the
transmission is in gear. Creep force alerts the driver to the vehicle's
direction of travel while the driver is in the process of releasing the
brake pedal and minimizes the chance that the driver will be surprised
due to shifting errors when he depresses the accelerator pedal. Creep
force is a characteristic inherent to ICE automatic transmission only
vehicles.
Later, Honda introduced the IST on the Insight equipped with a
continuously variable transmission (CVT) and requested an
interpretation similar to the one that NHTSA provided to Toyota. IST is
another hybrid/electric low emission, fuel saving system, which allows
the gasoline engine to stop and restart automatically while the
transmission shift lever is in a drive position. IST also satisfies
FMVSS No. 102, S3.1.3's concern about driver shifting errors during
driver activation of the engine starter because it renders driver
activation of the engine starter inoperative when the transmission
shift lever is in a forward or reverse drive position. However, it is
not in agreement with the literal meaning of S3.1.3. IST is similar to
Toyota's THS relative to starter interlock, but there are significant
differences in other areas of operation. IST does not provide creep
force when the engine is stopped, and it is employed only in the
forward drive gears. From a driver's perspective, IST does not operate
quite like an ICE automatic transmission only vehicle. IST does not
shut the engine off in Reverse and therefore creep force is retained in
Reverse by means of the idling gasoline engine and automatic
transmission. In an interpretation of January 17, 2001, we ruled that
IST would be permitted under S3.1.2, citing the Toyota interpretation,
but because the Insight does not act like an ICE automatic transmission
only vehicle, we stated that the Honda situation raised new issues that
would necessitate further rulemaking.
This notice proposes that an exception be added to FMVSS No. 102 to
accommodate these new hybrid/electric technologies while preserving the
safety purpose of the standard. It proposes that for automatic
transmission equipped vehicles, after the driver activates the
vehicle's propulsion system, the engine may stop and restart
automatically while the transmission shift lever is in any forward
drive gear. It also proposes that if the vehicle's propulsion system
provides a creep force in Reverse (when the engine is stopped, the
accelerator is released, and the propulsion system is on) that has a
ratio to gross vehicle weight rating (GVWR) of at least .015, the
engine may stop and restart automatically when the transmission shift
lever is in Reverse. This amendment permits new technologies that allow
the engine to stop and restart automatically with the transmission
shift lever in gear, but minimizes the possibility that the vehicle
will move in a direction unexpected to the driver upon restart.
Automatic engine restarting would be permitted only in forward drive
gears so that drivers learn to associate restarting with forward
motion. However, automatic engine restarting is allowed for vehicles
that provide a rearward creep force in Reverse that must be overcome by
driver braking even when the engine is not running. Because such
vehicles warn their drivers of impending rearward motion before the
driver fully releases the brake (as does an ICE automatic transmission
only vehicle with the engine running), restarting in Reverse would also
be permitted.
III. How Different Hybrid/Electric Systems Work
So that the reader fully understands the safety need to conduct
this rulemaking, and what NHTSA seeks to accomplish in amending FMVSS
No. 102, the following describes how the Toyota Prius and the Honda
Insight operate. NHTSA considers these two vehicles as examples of the
type of electronic control systems that we can expect more of in the
future, and that we propose to amend FMVSS No. 102 to accommodate.
NHTSA continues to ensure that FMVSS No. 102 meets the need for safety.
Significant differences between the Toyota and the Honda approaches are
explained, and the consequences of these differences for this
rulemaking are discussed.
A. How the Toyota Hybrid System Works--the Prius
As explained further, from the driver's perspective, the THS
operates like an ICE automatic transmission only vehicle. The THS,
which is currently in use on the Prius, uses both an electric motor and
a gasoline engine to provide motive power. The electric motor is the
primary source of motive power and is also used to start the engine.
The engine is used to provide supplemental motive power and to charge
the batteries. Before the driver may start or turn on the vehicle, the
transmission shift lever must be in Park. After the vehicle is started
or turned on by the driver, the gasoline engine may or may not start.
If the engine is within the range of normal operating temperature and
battery power is sufficient, the engine will not start, but the
electric motor is immediately available to provide motive power and
creep force. If battery power is low or the engine is not within normal
operating temperature, the gasoline engine will start in order to warm
up the engine and/or charge the batteries (to power the electric
motor), then it will shut off. During normal vehicle operation, the
engine automatically stops when the Engine Control Unit (ECU)
determines that the vehicle does not need the engine to provide
additional power (motive power and/or electrical power). Also, the
engine automatically restarts when the ECU determines that the vehicle
needs extra power (motive power and/or electrical power). When the
engine is required, it may start when the transmission and the
transmission shift lever are in drive positions.
The THS functions in all forward and reverse drive gears. The THS
also provides creep force in all forward and reverse drive gears
regardless of whether the engine or electric motor is powering the
vehicle at the time. Normally, when the batteries are charged, the
engine is within normal temperature range and the accelerator is
depressed, the vehicle will begin to accelerate by means of power from
the electric motor and will move in the direction both selected by the
automatic transmission shift lever and, as previously indicated, by
creep force. As the demand for acceleration increases beyond the
capability of the electric motor and/or as the vehicle batteries
require recharging, the same electric motor will start the vehicle
engine (while the automatic transmission/transmission shift lever
remain in drive positions), to provide additional motive and/or
electrical power. When stopping, the electric motor aids in recharging
the batteries through regenerative braking.
B. How Idle-Stop Technology Works--the Honda Insight
Idle-stop technology (IST) is currently used on the Insight and
more recently on the Civic hybrid electric vehicle (system is identical
to the Insight), but in the future it may be used on other Honda and
Acura models that are not hybrids. Both hybrid vehicles are powered by
a low-horsepower gasoline engine assisted by an electric motor. When
the driver manually engages the starter to start the vehicle's engine,
the transmission shift lever must be in Park or Neutral. During vehicle
operation, the engine is always running except during
[[Page 26272]]
certain circumstances while the vehicle is stopped. Under normal
conditions after the vehicle has been driven with the transmission in a
forward drive position at a speed greater than or equal to 15 kph (9.32
mph), when the driver stops the vehicle by depressing the service brake
pedal, the gasoline engine will stop and the transmission will
automatically shift to Neutral even though the transmission shift lever
remains in Drive. When the driver removes his foot from the service
brake pedal, hydraulic brake pressure is maintained, the starter
automatically engages the vehicle engine and the engine starts up.
After the engine starts, the transmission automatically shifts
internally from Neutral back to Drive, hydraulic brake fluid pressure
is automatically released, and the vehicle may start to move slowly
forward due to creep force from the idling engine and automatic
transmission. When the accelerator is depressed, the vehicle moves in
the direction directed by the transmission shift lever position.
Since IST does not provide creep force when the service brake is
applied, there is no indication of the direction of vehicle movement
until after the driver's foot has been completely removed from the
service brake pedal. After release of the service brake pedal, the
service brakes remain fully engaged until the engine is restarted and
the transmission automatically shifts into a forward drive position.
This automatic chain of events occurs very rapidly after the service
brake pedal is released, however, the sequence may or may not be
completed by the time the driver depresses the accelerator.
As IST is not in effect in Reverse, the engine does not shut off
when the transmission is in Reverse. Therefore, the propulsion system
provides creep force as a result of the idling engine and the automatic
transmission. In forward gears, when the accelerator is depressed, the
engine or the engine assisted by the electric motor accelerates the
vehicle. The electric motor is used to assist the gasoline engine when
extra motive power is required, and to restart the engine after idle-
stop.
The Honda system receives input from numerous sensors throughout
the vehicle. The ECU will not allow the engine to stop when the vehicle
comes to a stop and the transmission lever is in Reverse, Low or S mode
(another low gear); immediately after the engine starts; when the air
conditioning is in ``Auto Switch'' mode; when the engine water
temperature, the transmission oil temperature, ambient temperature or
energy in the battery are low; when electrical load is high; and during
sudden (panic) braking. Also, when the engine is stopped and the
transmission shift lever is shifted from Drive to Reverse, Low, or
Park, the engine restarts immediately while the service brake pedal is
depressed.
IV. Previous Related Rulemaking Action--ZEMCO Petition
In 1979, ZEMCO Inc. asked for an interpretation of S3.1.3 in FMVSS
No. 102. ZEMCO wanted to market an add-on fuel savings device that
conflicted with S3.1.3. The ZEMCO system could be installed on all
vehicles as original or after-market equipment and would automatically
control the shutdown and restarting of the vehicle engine in order to
conserve fuel at times when the vehicle would be otherwise stopped with
the engine running at idle speed. The ZEMCO system did not exhibit
creep force when the engine was stopped and was employed in both the
forward and reverse gears.
As a result of ZEMCO's request for an interpretation and subsequent
petition for rulemaking, NHTSA commenced rulemaking to amend S3.1.3. As
part of the rulemaking process, NHTSA tested the operational safety of
the ZEMCO system. Several safety concerns surfaced during testing such
as the delay in engine restarting, the lack of an automatic shut-off
feature for the system when the driver parks the vehicle and leaves
without specifically turning off the fuel savings system, the effects
on other vehicle functions, vehicle stalling on restart and the
avoidance of engine shutdown under certain conditions. These safety
concerns resulted in the agency publishing a notice of termination of
rulemaking in the Federal Register of March 27, 1984 (49 FR 11692). In
the termination notice, NHTSA also encouraged further research and
development in the area of fuel economy devices.
V. Notice of Proposed Rulemaking
The following describes NHTSA's rulemaking proposal to amend FMVSS
No. 102 and the four major issues addressed in the rulemaking: first,
the significance of reverse drive and the park position; second, the
importance of creep force; third, the level of creep force to be
specified; and fourth, the safety need for fail-safe provisions for
automatic engine stopping and restarting while the transmission and/or
transmission shift lever are in gear.
A. Reed Interpretation Letter, the Significance of Reverse Drive and
the Park Position
In 1991, Mr. Brett Reed of Morse Controls, Inc. submitted a request
for an interpretation of FMVSS No. 102 as it applies to electronic
transmission shift controls. Mr. Reed specifically asked about controls
that operate automatic transmissions used in heavy trucks and
recreational vehicles (RVs) and on solenoid operated power shift
transmissions used in various on and off highway vehicles. In his
letter, Mr. Reed cited S3.1.3, which requires that the engine starter
be inoperative when the transmission shift lever is in a forward or
reverse drive position. The main question posed was if the intent of
the standard was to render the starter engine inoperative when the
transmission shift lever is in a forward or reverse drive position or
when the transmission was in a forward or reverse drive gear. Mr. Reed
noted that when FMVSS No. 102 was written, transmission levers
communicated with transmissions via mechanical linkages and therefore
the transmission shift lever always matched the gear position of the
transmission.
With the introduction of electronic shift systems and fully
electronic controlled transmissions, communication between the
transmission shift lever and the transmission is rarely performed by
direct mechanical means. This raises the possibility that the
transmission shift lever position may not match the gear currently
engaged by the transmission in situations where the transmission
control circuitry overrides the shift lever selection in the interest
of safety, transmission protection or other criteria related to
performance and specific applications. The concern was that some
systems automatically shift to Neutral within the transmission when the
engine is started, however, the transmission shift lever remains in
some other position. In these cases, the transmission shift lever
position does not coincide with the status of the transmission. Mr.
Reed sought an interpretation stating that the intention of S3.1.3 was
that the engine starter shall be inoperative when the transmission is
in a forward or reverse drive position.
NHTSA's response of September 16, 1991 essentially stated that the
transmission shift lever position and the gear position of the
transmission must always agree. Since this interpretation in 1991,
electronically controlled transmissions have become more prevalent.
Today, electronically controlled transmissions are not only on large
trucks and recreational vehicles, but are also appearing in the
passenger car fleet. In addition, vehicle electronic control systems
and control algorithms have become more sophisticated, which
[[Page 26273]]
allow for more safeguards and fail-safe systems. These systems are
capable, on a limited basis, of overriding the driver's input or lack
of input to achieve optimal vehicle performance and safety.
The Honda Insight with the continuously variable transmission,
which employs idle-stop technology (IST) and which NHTSA permitted in
an interpretation letter of January 17, 2001, highlights the decreasing
relevance of the shift lever position in certain situations. IST allows
the engine to stop, the transmission to briefly shift to Neutral while
the engine is automatically restarting, then allows the transmission to
shift back to Drive while the transmission shift lever remains in a
drive position. During this procedure, however, service brake pressure
is maintained even after the driver has released the service brake
pedal. This scenario was not disputed in the Honda interpretation even
though it was in conflict with the 1991 interpretation letter to Mr.
Reed.
NHTSA intends that the Honda interpretation supersede the Reed
interpretation to the extent that, from now on, for all vehicles, when
the transmission shift lever is in a forward drive position, the
transmission gear may be in another forward drive position or Neutral.
When the transmission shift lever is in Reverse, the transmission gear
must be in reverse gear. Additionally, when the driver has selected the
transmission shift lever ``Park'' position, the transmission must
always be in the Park position. This restriction is necessary to ensure
that the vehicle does not start moving when the driver does not expect
the vehicle to move, and cause the driver to panic. We are proposing an
additional provision for vehicles with systems that allow the engine to
start and stop automatically after driver activation of the engine
starter which states that when the transmission shift lever is in Park,
the engine automatic start/stop system shall not take the transmission
out of Park.
B. Safety Importance of Creep Force in Cueing the Driver--Creep Force
in Reverse
In ICE automatic transmission only vehicles, creep force is the
motive force applied to the vehicle by the idling engine and automatic
transmission whenever the transmission shift lever is in a drive
position. Creep force occurs in the direction indicated by the
automatic transmission shift lever position and provides enough force
to cause motion of a vehicle loaded to its Gross Vehicle Weight Rating
(GVWR) on a level, paved surface before the service brake pedal is
completely released. Although not required by the Federal Motor Vehicle
Safety Standards, creep force exists on virtually all vehicles powered
by ICEs and equipped with automatic transmissions.
When the current wording of FMVSS No. 102 was adopted in 1968,
vehicles were equipped mostly with ICEs and mechanical/hydraulic
automatic transmissions, which have always provided creep force. Today,
drivers can rely on creep force to avoid crashes that would result from
shifting errors. When a driver places the automatic transmission shift
lever in a drive position and reduces service brake pressure slowly by
easing up on the service brake pedal, the vehicle begins to move slowly
in the direction that has been selected by the transmission shift
lever. This creep force in the correct direction cues the driver that
when the accelerator is depressed, the vehicle will move in the
anticipated direction.
It is important for creep force to initiate motion of the vehicle
before the driver's foot leaves the service brake pedal and before the
service brakes are completely disengaged. Then, if a shifting error has
occurred, the driver's foot is still on the brake pedal and the error
can be safely and quickly corrected. For example, if there is no creep
force associated with an automatic transmission equipped vehicle and
the driver thought he had selected Drive but instead had selected
Reverse, when he removes his foot from the brake and depresses the
accelerator, the vehicle would unexpectedly move rearward instead of
forward. The unexpected movement of the vehicle rearward may cause the
driver to further depress the accelerator. By the time the driver
realizes his mistake and applies the brake again, the vehicle may have
moved rearward a considerable distance and possibly struck a pedestrian
or an object, causing injury and/or property damage.
From years of driving ICE-powered automatic transmission vehicles,
drivers are familiar with cues in the direction of travel indicated by
creep force. Since it is not inherent in hybrid vehicles, it is NHTSA's
view that there is a safety need to at least design creep force into
the vehicles when in Reverse. Toyota designed the Prius in such a way
that allows the electric motor to provide creep force so that it would
function like an ICE automatic transmission only vehicle. For vehicles
like the Prius that provide creep force in Reverse when the engine is
stopped, the changes proposed in FMVSS No. 102 would allow the engine
to stop and restart automatically when the transmission shift lever is
in Reverse as well as in forward gears. The opportunity for shifting
errors is always present. Drivers experience creep force constantly as
a cue, which assures them of what gear they are in. An engine that is
stopping and restarting automatically may add to driver confusion,
especially when there is an absence of creep force. This proposed
amendment has the effect of assuring rearward creep force in all
automatic transmission vehicles with engine stop/start systems, either
by requiring that the engine remain running in Reverse for vehicles
like the hybrid electric Insight/Civic or by virtue of the design of
the electric propulsion system for vehicles like the Prius. When there
is no creep force or when there is creep force in the forward
direction, the driver will know the vehicle is in a forward drive gear,
in Neutral, or Park.
In examining the propulsion systems of the Honda Insight and Civic
hybrid electric vehicle with IST and the Toyota Prius with the THS, it
was noted that the Honda Insight/Civic hybrid electric vehicle did not
provide creep force in the forward direction, as there was no
possibility of vehicle motion until the service brake pedal was fully
released. The Honda system provides creep force in Reverse because IST
does not function in Reverse and the engine remains running, allowing
the engine/automatic transmission to provide creep force by means of
the ICE and automatic transmission. For the Toyota Prius, the engine
stops in either the forward or reverse gears, however, when the
gasoline engine is off, creep force is provided by the electric motor.
C. The Level of Creep Force Specified
In order to investigate the level of creep force that drivers are
used to, and the level of creep force to require of any vehicle that
allows the engine to automatically start and stop in Reverse, NHTSA
measured the creep force produced by thirteen vehicles, including
passenger cars, multipurpose passenger vehicles, and light trucks, that
were selected on the basis of their availability. Measurements were
made with the vehicle engines running at idle and the vehicle automatic
transmissions in Drive, the lowest ratio forward gear (Low) and
Reverse.
A record of the vehicles tested and creep forces measured are in
Table 1. The creep force must be high enough to be noticeable to the
driver. A heavier vehicle requires greater creep force to produce an
obvious cue to the driver. The force data in Table 1 represents the
amount of creep force that each vehicle's propulsion system produced.
The creep force of some of these vehicles may be in excess of what is
necessary to be minimally noticeable to
[[Page 26274]]
the driver. Since the motion cue to the driver depends mainly on creep
force and vehicle weight, NHTSA believes it is appropriate to examine
the ratio of creep force (forward and reverse) to vehicle weight (in
Table 1, curb weight was used) of the vehicles tested. The results
ranged from a minimum value of 0.02 for test number one (rearward creep
force) to a maximum value of 0.17 for test number eleven (forward creep
force). Since the creep force was obvious to the driver for all of
these vehicles, NHTSA selected the lowest creep force to vehicle curb
weight ratio, which was .02. Later, for the purpose of consistency, we
decided to convert the lowest creep force/curb weight ratio to its
corresponding creep force/GVWR ratio, which is .015. For vehicles that
allow the engine to stop and start automatically while the transmission
shift lever is in Reverse, the reverse creep force designed into a
vehicle's propulsion system must be, at minimum, 1.5 percent of the
vehicle's Gross Vehicle Weight Rating (GVWR) when the vehicle's engine
is stopped, the propulsion system is on, the accelerator is released,
the vehicle is loaded to its GVWR and the vehicle is on a level, paved
surface.
The agency invites input from industry and the public relative to
what this minimum ratio of creep force to vehicle GVWR should be. The
agency also requests comments on the test for creep force in S5 of the
proposed regulatory text.
Table 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vehicle Creep force (lbs.)
------------------------------------------------------------------------------------------------------------------------------------
Test Date Engine Curb
No. Vehicle type Year Make Model VIN size weight Drive Low Rev.
(L) (lbs)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....... 10/19/01 Truck............ 2000 Chevrolet........ 1500 Pickup, Full 1GCEK19T0YE****** 5.3 \1\ 150 155 95
size, 4X4, \1/2\ 4374
ton.
2....... 10/24/01 Passenger Car.... 1992 Chevrolet........ Camaro Sport 1G1FP2385NL****** 5.7 3103 400 400 270
Coupe, 2DR,
Hatchback/
liftback.
3....... 10/31/01 MPV (Van-Wagon).. 1998 Mazda............ MPV, Wagon, JM3LV5239W0****** 3 4120 265 260 255
(4X4), JEE, HYD/
Class D.
4....... 11/2/01 Passenger Car.... 1997 Honda............ Civic EX 2DR, 1HGEJ824XVL****** 1.6 2518 265 255 200
Coupe/4A.
5....... 11/3/01 Passenger Car.... 1990 Toyota........... Corolla, Deluxe, 2T1AE94AXLC****** 1.6 2394 270 270 225
4DR.
6....... 11/4/01 Passenger Car.... 1993 Saturn........... SW2, 4DR, Wagon.. 1G8ZK8579PZ****** 1.9 2506 265 265 265
7....... 11/4/01 Passenger Car.... 1998 Subaru........... Forester, Wagon, JF1SF6351WH****** 2.5 2795 295 295 295
L.
8....... 11/4/01 MPV.............. 1999 Jeep............. Grand Cherokee, 1J4GW58S6XC****** 4 3932 350 350 240
4X4, Laredo, 4DR.
9....... 11/4/01 MPV.............. 1999 Jeep............. Grand Cherokee, 1J4GW58S7XC****** 4 3932 490 490 290
4X4, Laredo, 4DR.
10...... 11/4/01 MPV.............. 2000 Chevrolet........ S10/Blazer, 4X4, 1GNDT13W7Y2****** 4.3 5350 175 175 125
\1/2\ ton.
11...... 11/4/01 Truck............ 1996 Dodge............ Dakota, Pickup, 1B7GL26X5TS****** 3.9 3124 520 520 285
Sport.
12...... 11/4/01 Passenger Car.... 1988 Ford............. Mustang, GT, 2DR, 1FABP42E5JF****** 5 3173 200 200 155
Sedan, Hatchback.
13...... 11/6/01 Passenger Car.... 2002 Toyota........... Prius............ JT2BK18U820****** 1.5 2765 165 167 165
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ (GVWR = 6400 lbs.).
[[Page 26275]]
D. The Safety Need for Fail-Safe Provisions for Automatic Engine
Stopping and Restarting While the Transmission and/or Transmission
Shift Lever Are in Gear
With any automatic system that is critical to the safe operation of
a motor vehicle, there is concern about what happens during a failure
mode. For systems that allow the engine to stop and restart while the
transmission and/or transmission shift lever remain in a drive
position, it is important that the automatic starting of the engine
does not cause the vehicle to unexpectedly surge forward or rearward
both during normal operation and during failure modes. It is also
important that when the vehicle is stopped, the engine stops
automatically, the driver releases the brake pedal and depresses the
accelerator to move the vehicle, that the engine restarts and is
prepared to move the vehicle in a reasonable amount of time.
From the driver's perspective, the Prius behaves like an ICE
automatic transmission only vehicle. The potential for the automatic
restarting of the engine to confuse the driver and cause unexpected
surging of the vehicle due to driver shifting errors is not an issue
with the THS on the Prius. The Prius is an electric vehicle with a
gasoline engine that assists when the batteries need charging or when
additional motive power is required during acceleration and the
electric motor provides creep force in both the forward and rearward
directions regardless of whether the gasoline engine is running.
The Honda Insight does not have creep force in Drive when the idle-
stop system operates. Any slow, forward motion of the vehicle that
occurs is developed by the idling engine and automatic transmission
after it starts. This takes place after the driver has released the
brake pedal. One of the sensors that the Honda system receives input
from is the brake switch, which indicates whether the brake is
depressed or released. If the brake switch should fail open and the
brake is depressed without the idle-stop sensing it, the idle-stop
would cease to function. If the failure took place while the idle-stop
function was operating, the engine would start and run at idle speed.
This would not be an unsafe condition because the driver's foot is on
the brake. The running engine would initiate slow, forward motion of
the vehicle but a small amount of additional force on the already
depressed brake pedal would hold the vehicle stationary. If the brake
switch failed closed while the idle-stop system was operating and then
the brake was released, the system would not sense the brake release
and the engine would not restart. If the failure occurred while the
vehicle was being driven, it would fail to restart during the next
cycle. This failure mode would be no different than any of the many
other failures that could cause an ICE only motor vehicle to stall in
traffic. Thus, the current designs of the Prius and Insight do not
introduce any failure mode safety issues over those that presently
exist in ICE automatic transmission only vehicles.
It is anticipated that idle-stop technology will eventually be
applied to ICE only vehicles (non-hybrid electric). We expect that
these new designs will be very similar to the system used on the
Insight/Civic hybrid electric vehicle. Systems that may permit
unexpected, sudden surging of the vehicle when the ICE automatically
restarts would not meet the need for safety. Even when the vehicle is
stopped and the accelerator is fully depressed during automatic engine
starting, such systems should contain safeguards that prevent sudden,
unexpected surging of the vehicle. NHTSA requests comments on
specifying a maximum throttle position regardless of the driver's
input, for example, when the vehicle is stopped and the engine is about
to automatically restart, if the driver's throttle input is greater
than one-fourth of the maximum throttle, the throttle would
automatically be limited to one-fourth of the maximum throttle during
automatic engine restart.
The issue of timely restarting during normal operation is again of
no concern to vehicles like the Prius. The electric motor of the Prius
produces creep force and is also available to drive the vehicle when
the engine is not running or if it would be slow to start. On the
Insight/Civic hybrid electric vehicle, when the brake is depressed, the
gasoline engine will stop when the vehicle speed is below 5 miles per
hour. While the vehicle is stopped and the brake is depressed, the
transmission automatically shifts into Neutral. When the brake is
released, brake fluid pressure is maintained, the engine starts in
Neutral then automatically shifts to Drive, and the vehicle moves
slowly forward. This sequence occurs very rapidly.
In normal situations, the propulsion system is available to move
the vehicle by the time the driver's foot moves from the brake to the
accelerator. As earlier discussed, in March of 1984, NHTSA terminated
rulemaking on ZEMCO's crude but similar system. Among the numerous
safety concerns which led the agency to terminate rulemaking was the
ZEMCO system's excessive delay in engine restarting. It is important
that the time required for the engine to restart not become excessive
as the vehicle ages and the system wears for designs where the
propulsion system is disabled while the vehicle is stopped and the
propulsion system must be re-enabled before the vehicle can move.
NHTSA requests comments on requiring a control that would allow the
operator to lock out or turn off the idle-stop system in the event that
restarting time becomes excessive or a malfunction occurs. NHTSA seeks
input on what would be a reasonable maximum allowable time for the
propulsion system to be available to move the vehicle after the brake
pedal is released.
VI. Leadtime
We propose that if made final, the changes apply to passenger cars,
multipurpose passenger vehicles, trucks and buses manufactured on or
after the first September 1st that occurs two or more years after the
publication of the final rule. Public comment is sought on this
proposed lead time. We believe that two years is sufficient lead time
for industry since we do not believe that compliance with this proposed
rule would involve any new technology, or performance specifications
that manufacturers cannot meet with existing design, tooling, or
manufacturing capabilities. We further believe that conducting the
proposed test procedures would not involve any new technologies or
procedures that manufacturers would find difficult to conduct. Since
this rulemaking would not make any substantive changes in the scope of
FMVSS No. 102, manufacturers of passenger cars, multipurpose passenger
vehicles, trucks or buses that are available for sale at the time this
notice of proposed rulemaking is issued would not need to make any
changes in vehicle manufacturing processes or procedures to ensure that
their vehicles meet the amended FMVSS No. 102.
VII. Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
[[Page 26276]]
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
We have considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was not reviewed by
the Office of Management and Budget under E.O. 12866, ``Regulatory
Planning and Review.'' The rulemaking action is also not considered to
be significant under the Department's Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979).
The purpose of the proposed revision of FMVSS No. 102, Transmission
shift lever sequence, starter interlock, and transmission braking
effect, is to keep pace with existing technology, by permitting the
propulsion system of a vehicle to stop and restart automatically while
the automatic transmission shift lever is in any forward drive gear. We
also propose to allow the propulsion system to stop and restart
automatically when the automatic transmission shift lever is in
Reverse, provided that the propulsion system exhibits, at least, a
minimum creep force in Reverse when the vehicle is stopped, the
accelerator released and the propulsion system is activated. These
proposed requirements were developed with the agency working in concert
with the motor vehicle industry while resolving interpretation issues
associated with the present standard. Therefore, there are no new costs
involved with the proposed revisions, and a regulatory evaluation has
not been prepared.
B. Executive Order 13132 (Federalism)
Executive Order 13132 requires us to develop an accountable process
to ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' is
defined in the Executive Order to include regulations that have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' Under
Executive Order 13132, we may not issue a regulation with Federalism
implications, that imposes substantial direct compliance costs, and
that is not required by statute, unless the Federal government provides
the funds necessary to pay the direct compliance costs incurred by
State and local governments, or unless we consult with State and local
governments, or unless we consult with State and local officials early
in the process of developing the proposed regulation. We also may not
issue a regulation with Federalism implications and that preempts State
law unless we consult with State and local officials early in the
process of developing the proposed regulation.
This proposed rule would not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
The reason is that this proposed rule, if made final, would apply to
motor vehicle manufacturers, and not to the States or local
governments. Thus, the requirements of Section 6 of the Executive Order
do not apply to this proposed rule.
C. Executive Order 13045 (Economically Significant Rules
Disproportionately Affecting Children)
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under E.O. 12866, and (2) concerns an environmental, health or
safety risk that NHTSA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, we must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by us.
This proposed rule is not subject to the Executive Order because it
is not economically significant as defined in E.O. 12866 and does not
involve decisions based on environmental, health or safety risks that
disproportionately affect children.
D. Executive Order 12778 (Civil Justice Reform)
Pursuant to Executive Order 12778, ``Civil Justice Reform,'' we
have considered whether this proposed rule would have any retroactive
effect. We conclude that it would not have such an effect. Under 49
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
E. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996) whenever an agency is required to publish a notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule would not have a significant economic
impact on a substantial number of small entities. SBREFA amended the
Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule would not
have a significant economic impact on a substantial number of small
entities.
The Head of the Agency has considered the effects of this
rulemaking action under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) and certifies that this proposal would not have a significant
economic impact on a substantial number of small entities. The
statement of the factual basis for the certification is that since this
rulemaking would not make any substantive changes in the scope of FMVSS
No. 102, small manufacturers of passenger cars, multipurpose passenger
vehicles, trucks or buses would not need to make any changes in vehicle
manufacturing processes or procedures
[[Page 26277]]
to ensure that their vehicles meet an amended FMVSS No. 102.
Accordingly, the agency believes that this proposal would not affect
the costs of motor vehicle manufacturers considered to be small
business entities.
F. National Environmental Policy Act
We have analyzed this proposal for the purposes of the National
Environmental Policy Act and determined that it would not have any
significant impact on the quality of the human environment.
G. Paperwork Reduction Act
NHTSA has determined that, if made final, this proposed rule would
not impose any ``collection of information'' burdens on the public,
within the meaning of the Paperwork Reduction Act of 1995 (PRA). This
rulemaking action would not impose any filing or recordkeeping
requirements on any manufacturer or any other party. For this reason,
we discuss neither electronic filing and recordkeeping nor do we
discuss a fully electronic reporting option by October 2003.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs us to use voluntary consensus standards in our regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs us to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards.
After conducting a search of available sources (including data from
International Organization of Standards or other standards bodies), we
have determined that there are not any available and applicable
voluntary consensus standards that we can use in this notice of
proposed rulemaking. We have searched the SAE's Recommended Practices
for standards applicable to creep force. We have found no SAE Standard
that provides guidance on creep force. We have therefore developed our
own proposal.
I. Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a written assessment of the costs,
benefits and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million in any one year (adjusted for inflation with base
year of 1995). Before promulgating a NHTSA rule for which a written
statement is needed, section 205 of the UMRA generally requires us to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows us to adopt an alternative other than
the least costly, most cost-effective or least burdensome alternative
if we publish with the final rule an explanation why that alternative
was not adopted.
This proposal would not result in costs of $100 million or more to
either State, local, or tribal governments, in the aggregate, or to the
private sector. Thus, this proposal is not subject to the requirements
of sections 202 and 205 of the UMRA.
J. Data Quality Guidelines
After reviewing the provisions of this NPRM pursuant to OMB's
Guidelines for Ensuring and Maximizing the Quality, Objectivity,
Utility, and Integrity of Information Disseminated by Federal Agencies
(``Guidelines'') issued by the Office of Management and Budget (OMB)
(67 FR 8452, Feb. 22, 2002) and issued by the Department of
Transportation (DOT) in final form on October 1, 2002 (67 FR 61719),
NHTSA has determined that if made final, nothing in this rule would
result in ``information dissemination'' to the public, as that term is
defined in the Guidelines.
If a determination were made that public distribution of data
resulting from this rule constituted information dissemination and was,
therefore, subject to the OMB/DOT Guidelines, then the agency would
review the information prior to dissemination to ascertain its utility,
objectivity, and integrity (collectively, ``quality''). Under the
Guidelines, any ``affected person'' who believed that the information
ultimately disseminated by NHTSA was of insufficient quality could file
a complaint with the agency. The agency would review the disputed
information, make an initial determination of whether it agreed with
the complainant, and notify the complainant of its initial
determination. Once notified of the initial determination, the affected
person could file an appeal with the agency.
K. Plain Language
Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
--Have we organized the material to suit the public's needs?
--Are the requirements in the rule clearly stated?
--Does the rule contain technical language or jargon that is not clear?
--Would a different format (grouping and order of sections, use of
headings, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make this rulemaking easier to understand?
If you have any responses to these questions, please include them
in your comments on this NPRM.
L. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
Comments
How Do I Prepare and Submit Comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long. (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit two copies of your comments, including the
attachments,
[[Page 26278]]
to Docket Management at the address given above under ADDRESSES.
You may also submit your comments to the docket electronically by
logging onto the Dockets Management System Web site at http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain
instructions for filing the document electronically.
How Can I Be Sure That My Comments Were Received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How Do I Submit Confidential Business Information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation. (49 CFR Part 512.)
Will the Agency Consider Late Comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider it in
developing a final rule (assuming that one is issued), we will consider
that comment as an informal suggestion for future rulemaking action.
How Can I Read the Comments Submitted by Other People?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location.
You may also see the comments on the Internet. To read the comments
on the Internet, take the following steps:
1. Go to the Docket Management System (DMS) Web page of the
Department of Transportation (http://dms.dot.gov/).
2. On that page, click on ``search.''
3. On the next page (http://dms.dot.gov/search/), type in the four-
digit docket number shown at the beginning of this document. Example:
If the docket number were ``NHTSA-1998-1234,'' you would type ``1234.''
After typing the docket number, click on ``search.''
4. On the next page, which contains docket summary information for
the docket you selected, click on the desired comments. You may
download the comments. Although the comments are imaged documents,
instead of word processing documents, the ``pdf'' versions of the
documents are word searchable.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
How Does the Federal Privacy Act Apply to My Public Comments?
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; pages 19477-78) or you may visit
http://dms.dot.gov.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.
In consideration of the foregoing, it is proposed that the Federal
Motor Vehicle Safety Standards (49 CFR Part 571), be amended as set
forth below.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for part 571 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
2. Section 571.102 would be revised to read as follows:
Sec. 571.102 Standard No. 102; Transmission shift lever sequence,
starter interlock, and transmission braking effect.
S1. Purpose and scope. This standard specifies the requirements for
the transmission shift lever sequence, a starter interlock, and for a
braking effect of automatic transmissions, to reduce the likelihood of
shifting errors, 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. Definitions.
Creep force means a motive force applied exclusively by the
electric motor of a vehicle that is propelled by both an electrical
motor and a combustion engine while the combustion engine is stopped,
the accelerator is released, the transmission shift lever is in a drive
gear, and the vehicle is turned on.
S4. Requirements.
S4.1 Automatic transmissions.
S4.1.1 Location of transmission shift lever positions on passenger
cars. A neutral position shall be located between forward drive and
reverse drive positions. 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.
S4.1.2 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).
S4.1.3 Starter interlock. The engine starter shall be inoperative
when the transmission shift lever is in a forward or reverse drive
position, except that after the driver has activated the vehicle's
propulsion system:
S4.1.3.1 The engine may stop and restart automatically when the
transmission shift lever is in any forward drive gear; and
S4.1.3.2 The engine may stop and restart automatically when the
transmission shift lever is in reverse gear if the vehicle's propulsion
system, when tested under S5, provides a creep force that is measurable
before the brake pedal is fully released and, when measured with the
brake pedal fully released, has a ratio to the vehicle gross
[[Page 26279]]
vehicle weight rating of at least .015, with the engine stopped.
S4.1.3.3 If the transmission shift lever is in Park, automatically
stopping or restarting the engine shall not take the transmission out
of Park.
S4.1.4 Identification of shift lever positions.
S4.1.4.1 Except as specified in S4.1.4.3, if the transmission shift
lever sequence includes a park position, identification of shift lever
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.
S4.1.4.2 Except as specified in S4.1.4.3, if the transmission shift
lever sequence does not include a park position, identification of
shift lever 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.
S4.1.4.3 Such information need not be displayed when the ignition
is in a position that is used only to start the vehicle.
S4.1.4.4 All of the information required to be displayed by
S4.1.4.1 or S4.1.4.2 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.
S4.2 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.
S5. Test Conditions and Procedures. A vehicle with an automatic
transmission that operates according to S4.1.3.2 shall be tested under
the following conditions and procedures.
S5.1 Test for Creep Force.
S5.1.1 The ambient temperature of the test environment must be
between 0 and 40 degrees Celsius (32 to 104 degrees Fahrenheit).
S5.1.2 All parameters and adjustments of the vehicle are set to
factory specifications as delivered to the customer. This includes such
parameters as brake adjustments, engine adjustments, and wheel bearing
lubrication. Initial tire inflation pressures shall be in accordance
with 49 CFR section 571.110, S4.3(c) for maximum loaded vehicle weight.
The initial battery charge shall be in accordance with manufacturer's
specifications, or if the manufacturer has no specifications, at a
state of charge of not less than 95 percent.
S5.1.3 All accessory systems, except those that prevent creep force
from being measured with the engine stopped, shall be turned on to
their maximum setting.
S5.1.4 Load the vehicle under test to its gross vehicle weight
rating in such a way as not to exceed any axle's gross axle weight
rating when measured at the tire-ground interface and place it on a
level paved surface.
S5.1.5 Attach one end of a tether such as a chain or cable to the
front of the vehicle chassis at a point on the vehicle's longitudinal
centerline and attach the other end to a structure that will remain
stationary during the test. In series with the tether and between the
vehicle and the stationary structure, place a force measurement device
such as a load cell that will measure tension force at a minimum
frequency of 10 HZ and to an accuracy within +/- 2 percent of the
actual reading in the range of 0 to 4450 N (0 to 1000 lb).
S5.1.5.1 The tether and the force measurement device must be in a
horizontal orientation, parallel to the longitudinal axis of the
vehicle during measurements.
S5.1.6 With the transmission shift lever in the Neutral or Park
position and the parking brake applied, place the ignition switch to
the Start position then release it to the Run position. Allow the
vehicle to remain in this state for 15 minutes (whether the engine is
running or not) before the measurements are recorded. Depress and hold
the vehicle's service brake pedal to prevent vehicle motion, release
the parking brake and place the transmission shift lever in the Reverse
position.
S5.1.7 With the internal combustion engine stopped, slowly release
the vehicle service brake pedal until the measurement device begins to
register a force.
S5.1.8 Fully release the vehicle service brake pedal. Record the
force indicated by the force measurement device.
Issued on: May 9, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-12051 Filed 5-14-03; 8:45 am]
BILLING CODE 4910-59-P