74144
`
`Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Proposed Rules
`
`Flooding source(s)
`
`Location of referenced elevation**
`
`* Elevation in feet (NGVD)
`+ Elevation in feet (NAVD)
`# Depth in feet above
`ground
`∧ Elevation in meters
`(MSL)
`
`Effective
`
`Modified
`
`Communities affected
`
`** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref-
`erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
`exact locations of all BFEs to be changed.
`Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emer-
`gency Management Agency, 500 C Street SW., Washington, DC 20472.
`ADDRESSES
`
`City of Cedar City
`Maps are available for inspection at 10 North Main Street, Cedar City, UT 84720.
`City of Parowan
`Maps are available for inspection at 5 South Main, Parowan, UT 84761.
`Unincorporated Areas of Iron County
`Maps are available for inspection at the Iron County Engineering Department, 82 North 100 East , Suite 104, Cedar City, UT 84720.
`
`(Catalog of Federal Domestic Assistance No.
`97.022, ‘‘Flood Insurance.’’)
`Dated: September 3, 2012.
`Sandra K. Knight,
`Deputy Associate Administrator for
`Mitigation, Department of Homeland
`Security, Federal Emergency Management
`Agency.
`[FR Doc. 2012–29953 Filed 12–12–12; 8:45 am]
`BILLING CODE 9110–12–P
`
`DEPARTMENT OF TRANSPORTATION
`
`National Highway Traffic Safety
`Administration
`
`49 CFR Part 571
`[Docket No. NHTSA–2012–0177]
`
`RIN 2127–AK86
`
`Federal Motor Vehicle Safety
`Standards; Event Data Recorders
`AGENCY: National Highway Traffic
`Safety Administration (NHTSA),
`Department of Transportation.
`ACTION: Notice of proposed rulemaking
`(NPRM).
`SUMMARY: In August 2006, NHTSA
`established a regulation that sets forth
`requirements for data elements, data
`capture and format, data retrieval, and
`data crash survivability for event data
`recorders (EDRs) installed in light
`vehicles. The requirements apply to
`light vehicles that are manufactured on
`or after September 1, 2012, and are
`equipped with EDRs. However, the
`regulation does not mandate the
`installation of EDRs in those vehicles.
`This notice of proposed rulemaking
`would establish a new safety standard
`mandating the installation of EDRs in
`most light vehicles manufactured on or
`after September 1, 2014. The EDRs in
`
`those vehicles would be required by the
`new standard to meet the data elements,
`data capture and format, data retrieval,
`and data crash survivability
`requirements of the existing regulation.
`This proposal would not modify any of
`the requirements or specifications in the
`regulation for EDRs voluntarily installed
`between September 1, 2012 and
`September 1, 2014.
`DATES: You should submit your
`comments early enough to be received
`not later than February 11, 2013. In
`compliance with the Paperwork
`Reduction Act, NHTSA is also seeking
`comment on a new information
`collection. See the Paperwork Reduction
`Act section under Rulemaking Analyses
`and Notices below. Please submit all
`comments relating to new information
`collection requirements to NHTSA and
`to the Office of Management and Budget
`(OMB) at the address listed in the
`ADDRESSES section on or before
`February 11, 2013. Comments to OMB
`are most useful if submitted within 30
`days of publication.
`FOR FURTHER INFORMATION CONTACT: The
`following persons at the National
`Highway Traffic Safety Administration:
`For technical and policy issues:
`Christopher J. Wiacek, Office of
`Crashworthiness Standards, NHTSA,
`1200 New Jersey Ave. SE., West
`Building, W43–320, Washington, DC
`20590. Telephone: (202) 366–4801.
`For legal issues: William Shakely,
`Office of the Chief Counsel, NHTSA,
`1200 New Jersey Ave. SE., West
`Building, W41–227, Washington, DC
`20590. Telephone: (202) 366–2992. Fax:
`(202) 366–3820.
`ADDRESSES: You may submit comments,
`identified by the docket number at the
`heading of this notice, by any of the
`following methods:
`
`Online: Go to http://
`www.regulations.gov. Follow the
`instructions for submitting comments
`on the electronic docket site by clicking
`on ‘‘Help’’ or ‘‘FAQs.’’
`Fax: 1–202–493–2251.
`Mail: U.S. Department of
`Transportation, Docket Operations, M–
`30, Room W12–140, 1200 New Jersey
`Avenue SE., Washington, DC 20590.
`Hand Delivery: 1200 New Jersey
`Avenue SE., West Building Ground
`Floor, Room W12–140, Washington, DC,
`between 9 a.m. and 5 p.m., Monday
`through Friday, except Federal holidays.
`Comments regarding the proposed
`information collection should be
`submitted to NHTSA through one of the
`preceding methods and a copy should
`also be sent to the Office of Information
`and Regulatory Affairs, Office of
`Management and Budget, 725 17th
`Street NW., Washington, DC 20503,
`Attention: NHTSA Desk Officer.
`Instructions: All submissions must
`include the agency name and docket
`number. Note that all comments
`received will be posted without change
`to http://www.regulations.gov, including
`any personal information provided.
`Please see the Privacy Act discussion
`below. We will consider all comments
`received before the close of business on
`the comment closing date indicated
`above. To the extent possible, we will
`also consider comments filed after the
`closing date.
`Docket: For access to the docket to
`read background documents or
`comments received, go to http://
`www.regulations.gov at any time or to
`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:
`(202) 366–9826.
`
`VerDate Mar<15>2010 14:58 Dec 12, 2012 Jkt 229001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\13DEP1.SGM 13DEP1
`
`(cid:50)(cid:58)(cid:49)(cid:40)(cid:53)(cid:3)(cid:40)(cid:91)(cid:17)(cid:3)(cid:21)(cid:19)(cid:19)(cid:23)(cid:15)(cid:3)(cid:83)(cid:68)(cid:74)(cid:72)(cid:3)(cid:20)
`
`wreier-aviles on DSK5TPTVN1PROD with
`
`

`
`Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Proposed Rules
`
`74145
`
`Privacy Act: 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 (65 FR
`19477–78) or you may visit http://
`www.dot.gov/privacy.html.
`Confidential Business Information: If
`you wish to submit any information
`under a claim of confidentiality, you
`should submit three copies of your
`complete submission, including the
`information you claim to be confidential
`business information, to the Chief
`Counsel, NHTSA, at the address given
`under FOR FURTHER INFORMATION
`CONTACT. In addition, you should
`submit two copies, from which you
`have deleted the claimed confidential
`business information, to Docket
`Operations at the address given above.
`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).
`SUPPLEMENTARY INFORMATION:
`Table of Contents
`I. Executive Summary
`II. Background
`A. Overview of Event Data Recorder (EDR)
`Technology
`B. EDR Regulatory History—The
`Establishment of Part 563
`C. Summary of Part 563
`1. Data Elements Recorded
`2. Data Retrieval
`3. Data Survivability and Crash Test
`Performance Requirements
`D. NHTSA’s Validation of and Reliance on
`EDR Data in Its Crash Investigations
`Relating to Unintended Acceleration
`III. Proposal
`A. Overview
`1. Overall Plan for Reviewing and
`Upgrading EDR Requirements
`2. This Proposal
`B. Reasons To Mandate the Installation of
`EDRs
`C. Reasons To Place Mandate in a Safety
`Standard
`D. Privacy Issues
`1. Agency Tailored EDR Performance
`Requirements To Minimize Data
`Gathering
`2. Agency Seeks Vehicle Owner Permission
`To Access EDR Data
`3. Necessity of VIN Collection
`4. Agency Protects VIN Information
`Needed To Download EDR Data
`5. Agency Uses and Stores EDR Data in
`Ways To Preserve Privacy
`E. Lead Time
`F. Benefits and Costs of This Proposal
`
`IV. Rulemaking Analyses and Notices
`V. Request for Comments
`Appendix A Part 563 Tables
`Regulatory Text
`I. Executive Summary
`An event data recorder (EDR) is a
`function or device installed in a motor
`vehicle to record technical information
`about the status and operation of vehicle
`systems for a very brief period of time
`(i.e., a few seconds) and in very limited
`circumstances (immediately before and
`during a crash), primarily for the
`purpose of post-crash assessment of
`vehicle safety system performance.1
`EDR data are used to improve crash and
`defect investigation and crash data
`collection quality to assist safety
`researchers, vehicle manufacturers, and
`the agency to understand vehicle
`crashes better and more precisely.
`Additionally, vehicle manufacturers are
`able to utilize EDR data in improving
`vehicle designs and developing more
`effective vehicle safety
`countermeasures. EDR data can also be
`used by Advanced Automatic Crash
`Notification (AACN) systems to aid
`emergency response teams in assessing
`the severity of a crash and estimating
`the probability of serious injury before
`they reach the site of the crash.
`The installation of EDR technology
`has increased considerably within the
`light vehicle fleet, as most
`manufacturers have voluntarily chosen
`to install some type of EDR capability in
`their vehicles. The light vehicles most
`likely to be equipped with EDRs are
`those that are required to be equipped
`with frontal air bags, i.e., passenger cars,
`multipurpose passenger vehicles
`(MPVs), trucks, and buses with a gross
`vehicle weight rating (GVWR) of 3,855
`kilograms (kg) (8,500 pounds) or less
`and an unloaded vehicle weight of 2,495
`kg (5,500 pounds) or less. We estimate
`that about 92 percent of model year
`(MY) 2010 passenger cars and other
`vehicles with a GVWR of 3,855 kg or
`less have some EDR capability.
`In August 2006, NHTSA established
`49 CFR Part 563 (Part 563), which sets
`forth requirements for data elements,
`data capture and format, data retrieval,
`and data crash survivability for EDRs.
`The requirements apply to light vehicles
`required to have frontal air bags (those
`with a GVWR of 3,855 kg or less and an
`unloaded vehicle weight of 2,595 kg or
`less) 2 that are manufactured on or after
`September 1, 2012, and are equipped
`
`1 An EDR does not make an audio or video
`recording, nor does it log data such as hours of
`service for commercial operators.
`2 Walk-in van-type trucks or vehicles designed to
`be sold exclusively to the U.S. Postal Service are
`excluded from air bag and EDR requirements.
`
`with EDRs. Thus, the regulation applies
`to only those vehicles that are
`voluntarily equipped with EDRs.
`This notice of proposed rulemaking
`would establish a new safety standard
`mandating the installation of EDRs for
`all light vehicles that are required to
`have frontal air bags and are
`manufactured on or after September 1,
`2014. The EDRs in those vehicles would
`be required by the new standard to meet
`the data elements, data capture and
`format, data retrieval, and data crash
`survivability requirements contained in
`Part 563. The agency is issuing this
`proposal because we believe that,
`without a regulation, EDRs will remain
`absent from the estimated 8 percent of
`the current light vehicle fleet that lacks
`an EDR. We believe that requiring all
`light vehicles required to have frontal
`air bags to be equipped with EDRs
`would help improve vehicle safety for
`consumers, while imposing relatively
`limited costs on the automobile
`industry.
`NHTSA is proposing today’s NPRM
`under the National Traffic and Motor
`Vehicle Safety Act (‘‘Motor Vehicle
`Safety Act’’). Under 49 U.S.C. Chapter
`301, Motor Vehicle Safety (49 U.S.C.
`30101 et seq.), the Secretary of
`Transportation is responsible for
`prescribing motor vehicle safety
`standards that are practicable, meet the
`need for motor vehicle safety, and are
`stated in objective terms.3 ‘‘Motor
`vehicle safety standard’’ means a
`minimum performance standard for
`motor vehicles or motor vehicle
`equipment. When prescribing such
`standards, the Secretary must consider
`all relevant, available motor vehicle
`safety information.4 The Secretary must
`also consider whether a proposed
`standard is reasonable, practicable, and
`appropriate for the types of motor
`vehicles or motor vehicle equipment for
`which it is prescribed and the extent to
`which the standard will further the
`statutory purpose of reducing traffic
`accidents and associated deaths.5 The
`responsibility for promulgation of
`Federal motor vehicle safety standards
`is delegated to NHTSA. In proposing to
`require the installation of EDRs in most
`light vehicles manufactured on or after
`September 1, 2014, the agency carefully
`considered these statutory requirements.
`Placing the mandate in a FMVSS,
`instead of Part 563, would expand its
`ability to avail itself of the enforcement
`authority of the Motor Vehicle Safety
`Act, making it possible to seek civil
`penalties for failure to provide an EDR
`
`3 49 U.S.C. 30111(a).
`4 49 U.S.C. 30111(b).
`5 Id.
`
`VerDate Mar<15>2010 14:58 Dec 12, 2012 Jkt 229001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\13DEP1.SGM 13DEP1
`
`(cid:50)(cid:58)(cid:49)(cid:40)(cid:53)(cid:3)(cid:40)(cid:91)(cid:17)(cid:3)(cid:21)(cid:19)(cid:19)(cid:23)(cid:15)(cid:3)(cid:83)(cid:68)(cid:74)(cid:72)(cid:3)(cid:21)
`
`wreier-aviles on DSK5TPTVN1PROD with
`
`

`
`74146
`
`Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Proposed Rules
`
`or for failure to provide one that
`performs properly. We believe that this
`step is necessary to ensure that all
`manufacturers install EDRs and that the
`agency has full and accurate EDR
`information for all light vehicles
`required to have frontal air bags.
`The benefits of this proposal would be
`to expand and, therefore, enhance the
`utilization of the recorded information
`and lead to further improvements in the
`safety of current vehicles as well as
`future ones. A disproportionately high
`percentage of the light vehicles that
`would be affected by this proposal are
`relatively expensive vehicles and thus
`are significantly more likely than the
`typical light vehicle to be equipped with
`advanced safety features and systems,
`including advanced collision avoidance
`technologies. Thus, the light vehicles
`that would be affected by this proposal
`are the ones on which data regarding
`real world performance will most likely
`first be generated. It is important to have
`EDR data relating to the crash
`experiences of vehicles with these
`advanced safety systems so that the
`agency can, at the earliest possible time,
`gather enough information about
`emerging advanced technologies to
`conduct reliable analyses and make
`policy judgments. Additionally, the
`agency’s experience in handling
`unintended acceleration and pedal
`entrapment allegations has
`demonstrated that EDR data from a
`particular vehicle model can have
`significant value to both the agency and
`the vehicle’s manufacturer to identify
`and address safety concerns associated
`with possible defects in the design or
`performance of the vehicle. To serve
`this purpose for all light vehicles
`required to have frontal air bags, EDR
`data must be available for all such
`vehicles.
`This proposal would not change any
`of the substantive requirements of Part
`563. The agency recognizes that there
`have been advances in vehicle safety
`systems and the implementation of new
`FMVSSs since the publication of the
`EDR final rule in 2006.6 However, the
`issue of whether there should be any
`changes to the amount and type of
`information that EDRs must collect is
`not being considered in this rulemaking.
`This proposal would also not modify
`any of the requirements or
`specifications for EDRs voluntarily
`installed between September 1, 2012
`and September 1, 2014.
`
`6 FMVSS No. 214, ‘‘Side impact protection,’’
`FMVSS No. 126, ‘‘Electronic stability control,’’ and
`FMVSS No. 226, ‘‘Ejection mitigation,’’ all have
`been updated since the publication in 2006 of the
`EDR final rule.
`
`We believe that the costs of installing
`EDRs are minimal because the devices
`involve the capture into memory of data
`that are already being processed by the
`vehicle, and not the much higher costs
`of providing sensors to obtain much of
`that data in the first place. The cost for
`an EDR is estimated to be $20 per
`vehicle. The estimated total incremental
`costs associated with this proposal
`would be $26.4 million (2010 dollars),
`which reflects the need for technology
`improvements, as well as assembly
`costs, compliance costs, and paperwork
`maintenance costs for those 1.32 million
`vehicles that have a GVWR of 3,855 kg
`or less, but do not currently have EDRs.
`Technological improvements account
`for the majority of these costs.
`The agency acknowledges that
`consumer privacy concerns persist
`regarding EDR data: Who owns it, who
`has access to it and under what
`circumstances, and what are the
`purposes for which it may be used.
`Approximately one dozen states have
`enacted laws addressing these issues.
`While these issues are of continued
`importance in the public discussion on
`the use of EDR technology, as an agency,
`we do not have the statutory authority
`to address many of these privacy issues
`because they are generally matters of
`State and Federal law that we do not
`administer. Within the limits of its
`authority, NHTSA has consistently
`sought to promote the recording of vital
`crash event information and to access
`and use that information in ways that
`safeguard privacy. For example, the
`agency seeks to access EDR data only
`with the vehicle owner’s permission.
`II. Background
`A. Overview of Event Data Recorder
`(EDR) Technology
`An EDR is a function or device
`installed in a motor vehicle to record
`technical information about the status
`and operation of vehicle systems for a
`very brief period of time (i.e., a few
`seconds immediately before and during
`a crash), primarily for the purpose of
`post-crash assessment of vehicle safety
`system performance.7 In most cases, the
`type of crash that leads to the capturing
`of data is a frontal or side collision that
`is sufficiently severe to cause the air
`bags to deploy. Data collected from the
`EDR of a crash-involved vehicle can
`provide valuable information on the
`severity of the crash, operation of its air
`bags, and what air bag deployment
`decision strategies were used during the
`event. Additionally, the data can be
`
`used to assess whether the vehicle was
`operating properly at the time of the
`event, or to help detect undesirable
`operations that may lead to a recall of
`the vehicle to remedy the problem. The
`information obtained by manufacturers
`from EDRs aids them in improving
`vehicle performance in crash events.
`In recent years, the installation of EDR
`technology has increased considerably
`within the light vehicle fleet, as most
`manufacturers have voluntarily chosen
`to install some type of EDR capability in
`their vehicles. The light vehicles most
`likely to be equipped with EDRs are
`those that are required to be equipped
`with frontal air bags, i.e., passenger cars,
`multipurpose passenger vehicles
`(MPVs), trucks, and buses with a GVWR
`of 3,855 kilograms (kg) (8,500 pounds)
`or less and an unloaded vehicle weight
`of 2,495 kg (5,500 pounds) or less. These
`vehicles compose the vast majority of
`light vehicles. We estimate that about 92
`percent of model year (MY) 2010
`passenger cars and other vehicles with
`a GVWR 3,855 kg (8,500 pounds) or less
`have some EDR capability. This estimate
`is based on information that was taken
`from manufacturer-reporting to the
`agency regarding their 2010 vehicles
`and then weighting using 2010
`corporate-level vehicle projected sales
`figures to estimate an overall industry-
`wide fleet figure.
`For manufacturers that install EDRs in
`most light vehicles on or after
`September 1, 2012, the current
`regulation, 49 CFR Part 563 (Part 563),
`requires that their EDRs record 15 data
`elements at a minimum, and sets
`requirements for the range and accuracy
`of the EDR data collected under the
`regulation. The discussion below
`explains in detail the requirements of
`Part 563.
`For more background information on
`NHTSA’s rulemaking actions regarding
`EDR technologies, please see the Notice
`of Proposed Rulemaking (NPRM) at 69
`FR 32932 (June 14, 2004),8 the final rule
`at 71 FR 50998 (August 28, 2006),9 and
`amendments to the final rule and
`responses to petitions for
`reconsideration at 73 FR 2168 (January
`14, 2008),10 76 FR 47478 (August 5,
`2011), and 77 FR 47552 (August 9,
`2012).
`B. EDR Regulatory History—The
`Establishment of Part 563
`For more than a decade, the agency
`has been assessing the potential value of
`real-world EDR crash data for improving
`our understanding of vehicle safety
`
`7 An EDR does not make an audio or video
`recording, nor does it log data such as hours of
`service for commercial operators.
`
`8 Docket No. NHTSA–2004–18029.
`9 Docket No. NHTSA–2006–25666.
`10 Docket No. NHTSA–2008–0004.
`
`VerDate Mar<15>2010 14:58 Dec 12, 2012 Jkt 229001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\13DEP1.SGM 13DEP1
`
`(cid:50)(cid:58)(cid:49)(cid:40)(cid:53)(cid:3)(cid:40)(cid:91)(cid:17)(cid:3)(cid:21)(cid:19)(cid:19)(cid:23)(cid:15)(cid:3)(cid:83)(cid:68)(cid:74)(cid:72)(cid:3)(cid:22)
`
`wreier-aviles on DSK5TPTVN1PROD with
`
`

`
`Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Proposed Rules
`
`74147
`
`system performance and our analysis of
`vehicle crashes. Several years ago,
`NHTSA working groups 11 examined
`data elements for the purpose of
`identifying the most useful set of crash
`data to aid the agency in achieving its
`goal of reducing highway deaths.
`On August 28, 2006, following public
`notice and comment, the agency’s early
`research efforts culminated in the
`publication of a final rule that
`established Part 563.12 Part 563
`establishes uniform performance
`requirements for the accuracy,
`collection, storage, survivability, and
`retrievability of that set of onboard
`motor vehicle crash event data in
`passenger cars and other light vehicles
`equipped with EDRs.
`In response to petitions for
`reconsideration, the agency amended
`Part 563 in January 2008 to make several
`technical changes to the regulatory text
`and to set a later compliance date of
`September 1, 2012.13 The new
`compliance date helped manufacturers
`to avoid incurring significant redesign
`costs for EDR system architectures
`outside of the normal product cycle.
`Again in response to petitions for
`reconsideration, the agency amended
`Part 563 on August 5, 2011, to revise the
`acceleration data elements, clarify the
`event storage definition and make other
`minor technical modifications.14
`Finally, in response to further petitions
`for reconsideration, the agency amended
`Part 563 on August 9, 2012, to revise the
`steering input data element and delay
`the compliance date for the data
`clipping flag requirement.15
`C. Summary of Part 563
`Part 563 regulates EDR-equipped
`vehicles by specifying a minimum core
`set of required data elements and
`accompanying range, accuracy, and
`resolution requirements for those
`elements. The regulation also specifies
`requirements for vehicle manufacturers
`
`11 See reports numbered DOT–HS–043334, Event
`Data Recorders: Summary of Findings by the
`NHTSA EDR Working Group, August 2001, Docket
`No. NHTSA–1999–5218–9; DOT–HS–809432, Event
`Data Recorders: Summary of Findings by the
`NHTSA EDR Working Group Volume II,
`Supplemental Findings for Trucks, Motorcoaches,
`and School Buses, May 2002, Docket No. NHTSA–
`2000–7699–6.
`12 71 FR 50998, 51043 (Aug. 28, 2006), amended
`73 FR 2168, 2179 (Jan. 14, 2008), corrected 73 FR
`8408 (Feb. 13, 2008), amended 76 FR 47478 (August
`5, 2011), amended 77 FR 47552 (August 9, 2012).
`13 73 FR 2168 (Jan. 14, 2008), corrected 73 FR
`8408 (Feb. 13, 2008). Vehicles that are
`manufactured in two or more stages, or that are
`altered after having been previously certified to the
`Federal motor vehicle safety standards (FMVSS),
`have a compliance date of September 1, 2013.
`14 76 FR 47478.
`15 77 FR 47552.
`
`to make data retrieval tools and/or
`methods commercially available so that
`crash investigators and researchers are
`able to retrieve data from EDRs. Part 563
`is technology-neutral, permitting the use
`of any available EDR technology that
`complies with the specified
`performance requirements.
`Part 563 applies to passenger cars,
`MPVs, trucks, and buses with a GVWR
`of 3,855 kg (8,500 pounds) or less and
`an unloaded vehicle weight of 2,595 kg
`(5,500 pounds) or less,16 that are
`voluntarily equipped with an event data
`recorder. It also applies to
`manufacturers of these vehicles, who
`must ensure the commercial availability
`of data retrieval tools. The regulation
`became effective on September 1,
`2012.17
`1. Data Elements Recorded
`Part 563 specifies minimum
`requirements for the types of data that
`EDR-equipped vehicles are required to
`record. In all, there are 15 data elements
`that must be recorded during the
`interval/time and at the sample rate
`specified in Table I of Part 563.18 Some
`of the required pre-crash data are
`vehicle speed, engine throttle position,
`brake use, driver safety belt status, and
`air bag warning lamp status. Some of the
`required crash data are measured
`changes in forward velocity (delta-V)
`and air bag deployment times.
`In addition, a vehicle equipped with
`an EDR that records any of the 28 data
`elements listed in Table II of Part 563,
`identified as ‘‘if recorded,’’ must capture
`and record information according to the
`minimum interval/time and at the
`sample rate specified in that table.19
`There are two data elements listed in
`Table II, identified as ‘‘if equipped.’’ If
`a vehicle carries this equipment, it must
`record the specified information (i.e.,
`‘‘frontal air bag deployment, time to nth
`stage, driver’’ and ‘‘front air bag
`deployment, time to nth stage, right
`front passenger’’).20
`When retrieved, the data elements
`collected by the EDR pursuant to Tables
`I and II must be reported in accordance
`
`16 Walk-in van-type trucks or vehicles designed to
`be sold exclusively to the U.S. Postal Service are
`excluded from air bag and EDR requirements.
`17 73 FR 2168 (Jan. 14, 2008).
`18 See 49 CFR 563.7, Table I.
`19 See 49 CFR 563.7, Table II. Examples of the ‘‘if
`recorded’’ data elements include lateral
`acceleration, longitudinal acceleration, stability
`control status, and frontal air bag suppression
`switch status.
`20 See 49 CFR 563.7, Table II. The ‘‘frontal air bag
`deployment, time to nth stage’’ data elements
`provide critical timing data for vehicles equipped
`with multi-stage air bags, which will help in
`assessing whether an air bag is deploying correctly
`during a crash (i.e., whether the sensors are
`functioning properly).
`
`with the range, accuracy, and resolution
`requirements specified in Table III.
`Reported Data Element Format.21 All
`three tables have been included in
`Appendix A to this preamble.22
`2. Data Retrieval
`Part 563 requires that each vehicle
`manufacturer ensure, by licensing
`agreement or other means, the
`commercial availability of retrieval
`tool(s) for downloading or imaging the
`required EDR data.23 The data-imaging
`tool must be commercially available no
`later than 90 days after the first sale of
`the vehicle for purposes other than
`resale.24
`3. Data Survivability and Crash Test
`Performance Requirements
`To ensure that data are recorded in a
`crash and that the data survive the
`crash, EDRs must record and retain in
`retrievable condition certain data when
`the vehicles in which they are installed
`are tested in accordance with crash test
`procedures specified in Federal Motor
`Vehicle Safety Standard (FMVSS) Nos.
`208, ‘‘Occupant crash protection,’’ and
`214, ‘‘Side impact protection.’’ 25 These
`crash tests represent the modes of a
`majority of real-world crashes and
`severities observed. For example,
`several FMVSS No. 208 crash tests are
`performed at speeds of up to 56 km/h
`(35 mph), which represent the
`cumulative delta-V for 99 percent of
`frontal crashes.26 The EDR data must be
`retrievable for no less than 10 days after
`the crash test.
`D. NHTSA’s Validation of and Reliance
`on EDR Data in Its Crash Investigations
`Relating to Unintended Acceleration
`Based on the agency’s experience
`with EDRs over the past decade, as well
`as with recent investigations of alleged
`unintended acceleration and pedal
`entrapment, the agency has found EDR
`data to be an important tool that
`provides valuable insight. EDR data
`provides vehicle-recorded pre-crash
`information, supplementing information
`obtained from the driver and physical
`evidence from the scene.
`
`21 See 49 CFR 563.8, Table III.
`22 Table I and Table II were most recently
`amended by the August 5, 2011 final rule
`responding to petitions for reconsideration. 76 FR
`47478. Table III was most recently amended by the
`August 9, 2012 final rule responding to petitions for
`reconsideration 77 FR 47552.
`23 The term ‘‘imaging’’ refers to the process by
`which the agency retrieves data from an EDR. When
`imaging the data on an EDR, the original data set
`remains intact and unchanged in the memory banks
`of the EDR.
`24 See 49 CFR 563.12.
`25 See 49 CFR 563.10.
`26 See 49 CFR 571.208; Docket No. NHTSA–2006–
`26555–1, at 60.
`
`VerDate Mar<15>2010 14:58 Dec 12, 2012 Jkt 229001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\13DEP1.SGM 13DEP1
`
`(cid:50)(cid:58)(cid:49)(cid:40)(cid:53)(cid:3)(cid:40)(cid:91)(cid:17)(cid:3)(cid:21)(cid:19)(cid:19)(cid:23)(cid:15)(cid:3)(cid:83)(cid:68)(cid:74)(cid:72)(cid:3)(cid:23)
`
`wreier-aviles on DSK5TPTVN1PROD with
`
`

`
`74148
`
`Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Proposed Rules
`
`A number of technical papers have
`been published on EDR accuracy in the
`crash test environment. Early studies
`focused on the full frontal barrier crash
`test environment where the reported
`EDR data was compared to
`instrumentation grade accelerometers
`mounted on the vehicle. Due to the
`limited availability of EDRs at that time,
`these studies were exclusively based on
`EDRs produced by General Motors. The
`studies reported a small amount of
`underestimation in the EDR delta-V
`reporting.27
`More recent technical papers 28 have
`incorporated EDRs from other vehicle
`manufacturers, such as Ford and
`Toyota. They have also looked at a
`variety of impact scenarios including
`full frontal, offset frontal, side impact,
`and vehicle-to-vehicle angled tests.
`Better correlation between EDR and
`crash test delta-V were reported,
`particularly at higher impact speeds
`where more serious injuries occur.
`Accurate reporting of seat belt use and
`pre-crash data was also observed. The
`findings from these studies are generally
`consistent with the agency’s experience
`to date; however, monitoring of EDR
`performance will continue as more
`vehicle manufacturers incorporate EDRs
`into the fleet. Furthermore, the agency
`continues to emphasize that EDRs
`provide one valuable piece of
`information, along with on-site
`
`27 Chidester A.B., Hinch J., & Roston, T.A., ‘‘Real
`World Experience with Event Data Recorders,’’ 17th
`International Technical Conference on the
`Enhanced Safety of Vehicles, 2001.
`Lawrence, J.M., Wilkinson, C.C., King, D.J.,
`Heinrichs, B.E., & Siegmund, G.P., ‘‘The Accuracy
`and Sensitivity of Event Data Recorders in Low-
`Speed Collisions,’’ Society of Automotive
`Engineers, 2003.
`Comeau, J.L., German, A., & Floyd, D.,
`‘‘Comparison of Crash Pulse Data from Motor
`Vehicle Event Data Recorders and Laboratory
`Instrumentation,’’ Canadian Multidisciplinary Road
`Safety Conference XIV, 2004.
`28 Niehoff, P., Gabler, H.C., Brophy, J., Chidester,
`C., Hinch, J., & Ragland C., ‘‘Evaluation of Event
`Data Recorders in Full Systems Crash Tests,’’ 19th
`International Technical Conference on the
`Enhanced Safety of Vehicles, 2005.
`Gabler, H.C. & Hinch, J., ‘‘Characterization of
`Advanced Air Bag Field Performance Using Event
`Data Recorders,’’ 20th International Technical
`Conference on the Enhanced Safety of Vehicles,
`Paper