Federal Motor Vehicle Safety Standards; Automatic Emergency Braking Systems for Light Vehicles

<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>National Highway Traffic Safety Administration</SUBAGY> <CFR>49 CFR Parts 571</CFR> <DEPDOC>[Docket No. NHTSA-2023-0021]</DEPDOC> <RIN>RIN 2127-AM37</RIN> <SUBJECT>Federal Motor Vehicle Safety Standards; Automatic Emergency Braking Systems for Light Vehicles</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Final rule; response to petitions for reconsideration. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This document grants parts of petitions for reconsideration of a May 9, 2024, final rule that adopted Federal Motor Vehicle Safety Standard (FMVSS) No. 127, “Automatic Emergency Braking for Light Vehicles,” which requires automatic emergency braking (AEB), pedestrian automatic emergency braking (PAEB), and forward collision warning (FCW) systems on all new light vehicles. This final rule clarifies requirements applicable to FCW visual signals and audio signals, corrects an error in the test scenario for obstructed pedestrian crossing the road, and removes superfluous language from the performance test requirement for lead vehicle AEB. This notice denies other requests in the petitions. This document also denies a petition for reconsideration, which is treated as a petition for rulemaking because it was received more than 45 days after publication of the rule. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> <E T="03">Effective:</E> January 27, 2025. <E T="03">Compliance date:</E> Compliance with FMVSS No. 127 and related regulations, as amended in this rule, is required for all vehicles by September 1, 2029. However, vehicles produced by small-volume manufacturers, final-stage manufacturers, and alterers must be equipped with a compliant AEB system by September 1, 2030. <E T="03">Petitions for reconsideration:</E> Petitions for reconsideration of this final action must be received not later than January 10, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Correspondence related to this rule, including petitions for reconsideration and comments, should refer to the docket number set forth above (NHTSA-2023-0021) and be submitted to the Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> For technical issues: Mr. Markus Price, Office of Crash Avoidance Standards, Telephone: (202) 366-1810, Facsimile: (202) 366-7002. For legal issues: Mr. Eli Wachtel, Office of the Chief Counsel, Telephone: (202) 366-2992, Facsimile: (202) 366-3820. The mailing address for these officials is: National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Background and Executive Summary</FP> <FP SOURCE="FP-2">II. Petitions for Reconsideration Received by NHTSA and Analysis</FP> <FP SOURCE="FP1-2">A. No Contact</FP> <FP SOURCE="FP1-2">B. Multiple Trials</FP> <FP SOURCE="FP1-2">C. Equipment Requirement</FP> <FP SOURCE="FP1-2">D. Unlimited Preconditioning and Test Runs</FP> <FP SOURCE="FP1-2">E. Malfunction Indicator Lamp</FP> <FP SOURCE="FP1-2">F. Deactivation</FP> <FP SOURCE="FP1-2">G. Obstructed Pedestrian Crossing Test Correction</FP> <FP SOURCE="FP1-2">H. FCW Auditory Signal</FP> <FP SOURCE="FP1-2">I. FCW Visual Signal</FP> <FP SOURCE="FP1-2">J. Cost Estimates</FP> <FP SOURCE="FP1-2">K. Brake Pedal Robot</FP> <FP SOURCE="FP1-2">L. Manual Transmission</FP> <FP SOURCE="FP1-2">M. Small-Volume Manufacturers</FP> <FP SOURCE="FP-2">III. Petition for Rulemaking Received by NHTSA and Analysis</FP> <FP SOURCE="FP1-2">A. Include V2X</FP> <FP SOURCE="FP-2">IV. Rulemaking Analyses and Notices</FP> <FP SOURCE="FP-2">V. Regulatory Text</FP> </EXTRACT> <HD SOURCE="HD1">I. Background and Executive Summary</HD> In November 2021, the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (Pub. L. 117-58), was signed into law. BIL directed the Secretary of Transportation to promulgate a rule to establish minimum performance standards with respect to crash avoidance technology and to require that all passenger motor vehicles manufactured for sale in the United States be equipped with forward collision warning (FCW) and automatic emergency braking (AEB) systems that alert the driver if a collision is imminent and automatically apply the brakes if the driver fails to do so. In accordance with BIL, NHTSA issued a Notice of Proposed Rulemaking (NPRM) (88 FR 38632) in June 2023, followed by a final rule (89 FR 39686) in May 2024, establishing FMVSS No. 127, “Automatic Emergency Braking Systems for Light Vehicles.” This FMVSS requires AEB, including pedestrian AEB (PAEB), systems on light vehicles. In addition to the mandate in BIL, the final rule was also issued under the authority of the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act). Under 49 U.S.C. chapter 301, 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. The responsibility for promulgation of FMVSSs is delegated to NHTSA. The final rule includes four requirements for AEB systems for both lead vehicles and pedestrians. First, there is an equipment requirement that vehicles have an FCW system that provides an auditory and visual signal to the driver of an impending collision with a lead vehicle or a pedestrian. The system must operate at any forward speed greater than 10 km/h (6.2 mph) and less than 145 km/h (90.1 mph) for a warning involving a lead vehicle, at any forward speed greater than 10 km/h (6.2 mph) and less than 73 km/h (45.3 mph) for a warning involving a pedestrian. Similarly, the final rule includes an equipment requirement that light vehicles have an AEB system that applies the brakes automatically when a collision with a lead vehicle or pedestrian is imminent. The system must operate at any forward speed that is greater than 10 km/h (6.2 mph) and less than 145 km/h (90.1 mph) for AEB involving a lead vehicle, and at any forward speed greater than 10 km/h (6.2 mph) and less than 73 km/h (45.3 mph) for PAEB. Second, the AEB system is required to prevent the vehicle from colliding with the lead vehicle or pedestrian test devices when tested according to the standard's test procedures. These track test procedures have defined parameters, including travel speeds up to 100 km/h (62.2 mph), that ensure that AEB systems prevent crashes in a controlled testing environment. Third, the final rule includes two false activation tests. Finally, the final rule requires that a vehicle must detect AEB system malfunctions, including performance degradation caused solely by sensor obstructions, and notify the driver of any malfunction that causes the AEB system not to meet the minimum proposed performance requirements. If the system detects a malfunction, or if the system adjusts its performance such that it will not meet the requirements of the finalized standard, the system must provide the vehicle operator with a telltale notification. The final rule applies to vehicles manufactured on or after September 1, 2029. An additional year is provided for small-volume manufacturers. <HD SOURCE="HD2">Petitions for Reconsideration Received</HD> NHTSA regulations allow any interested person to petition the Administrator for reconsideration of a rule. Under NHTSA's regulations, petitions for reconsideration must provide an explanation why compliance with the rule is not practicable, is unreasonable, or is not in the public interest. Additionally, petitions must be received within 45 days of the publication of the final rule. Untimely petitions for reconsideration are considered to be petitions for rulemaking. The Administrator may consolidate petitions relating to the same rule. <SU>1</SU> <FTREF/> <FTNT> <SU>1</SU>  49 CFR 553.35, 553.37. </FTNT> NHTSA received petitions for reconsideration from the Alliance for Automotive Innovation (the Alliance), <SU>2</SU> <FTREF/> Toyota Motor North America (Toyota), <SU>3</SU> <FTREF/> Volkswagen Group of America (Volkswagen), <SU>4</SU> <FTREF/> and Scuderia Cameron Glickenhaus, LLC (Glickenhaus). <SU>5</SU> <FTREF/> NHTSA also received a letter from Hyundai Motor Group (Hyundai), styled as a “supplemental comment,” that provides its perspective on FMVSS No. 127, which we have considered in this response to the petitions for reconsideration. <SU>6</SU> <FTREF/> NHTSA also received a petition from Autotalks that NHTSA is treating as a petition for rulemaking because it was received more than 45 days after publication of the final rule. <SU>7</SU> <FTREF/> The petitions requested a variety of amendments to FMVSS No. 127. These, and NHTSA's reasoning and response to each petitioned-for item, are summarized below and discussed in detail in the respective sections of the preamble of this notice. <FTNT> <SU>2</SU>  Alliance for Automotive Innovation, Docket No. NHTSA-2023-0021-1071. </FTNT> <FTNT> <SU>3</SU>  Toyota Motor North America, Docket No. NHTSA-2023-0021-1074. </FTNT> <FTNT> <SU>4</SU>  Volkswagen Group of America, Docket No. NHTSA-2023-0021-1073. </FTNT> <FTNT> <SU>5</SU>  Scuderia Cameron Glickenhaus, Docket No. NHTSA-2023-0021-1078. </FTNT> <FTNT> <SU>6</SU>  Hyundai Motor Group, Docket No. NHTSA-2023-0021-1072. </FTNT> <FTNT> <SU>7</SU>  Autotalks, Docket No. NHTSA-2023-0021-1075. </FTNT> <HD SOURCE="HD2">Summary of Responses to the Petitions for Reconsideration</HD> In response to these petitions, NHTSA is granting in part and ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 164k characters. 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