‘Make Inoperative Exemptions’ – Addition of Occupant Ejection Mitigation

In Friday 26th October’s Federal Register, NHTSA published a Notice of Proposed Rulemaking (NPRM) to update 49 CFR, Part 595 – Make Inoperative Exemptions. See http://1.usa.gov/R8c8rE.

Part 595, Subpart C has provisions for vehicles that are modified to accommodate people with disabilities. The modifications may take a vehicle out of compliance with a FMVSS and Subpart C contains exemptions that allow this.

This NPRM is in response to a Petition for Rulemaking following the publication of FMVSS 226 – Occupant Ejection Mitigation and would add a new exemption to allow changes to the vehicle seat which may take it out of compliance with 226. (FMVSS 214 is already included).

They propose to make this effective within 180 days of publication of the Final Rule. (Note: the FMVSS 226 phase-in starts on 1st September 2013).

Comments can be submitted in the docket ( NHTSA–2012–0149) until December 26th 2012.



General Safety Regulation – Clarification document

During the 30th meeting of the Commission’s Technical Committee of Motor Vehicles (TCMV) on 8th October, the following document was published; http://bit.ly/TwTbVj

It outlines a number of clarifications surrounding the implementation and approval of General Saftey Regulation 661/2009 (as amended). It includes;

  • Which level of ECE Regulations to use
  • Approval of Tyres
  • Approval and numbering system
  • New technologies
  • Information documents
  • Masses & Dimensions
  • Cab strength (ECE R29) and Brake Linings (ECE R90)
  • Electronic Stability Control
  • GSR and Multi-stage approvals

Mobile Air Conditioning – 1234yf safety

Daimler have published a press release after internal safety testing showed that 1234yf refrigerant could become flammable under certain real life conditions. http://bit.ly/TRdHex

Previous testing of 1234yf at manufacturers and test laboratories showed that it was safe. Daimler have passed on these results to the EU Commission.

Daimler have also started a recall in the US for the refrigerant. Go to http://www-odi.nhtsa.dot.gov/recalls/recallsearch.cfm and type 12V478000 as the campaign number.

EU Directive 2006/40 requires new types of vehicles after 1st January 2011 and all vehicles after 1st January 2017 to be fitted with an air conditioning system that uses a refrigerant with a Global Warming Potential (GWP) less than 150. R134a is approx 1300 and 1234yf is 4.

In addition, the Commission published a letter (http://bit.ly/XaudLn) that deals with the shortage of 1234 yf.

2017-2025 US CAFE & GHG Final Rule

On October 15th, NHTSA and EPA published a joint rule making which set the GHG and CAFE standards between 2017 to 2025. See http://1.usa.gov/Sgh41d.

(a correction was published on October 18th – http://1.usa.gov/SgiEjI)

UPDATE: A further correction was published on November 16th – http://1.usa.gov/SxHmcz

Details on previous stages of this rulemaking can be found on my blog at: https://vehiclelegislation.wordpress.com/2012/01/16/2017my-ghg-and-cafe-extension-of-comment-period/

CAFE: The first phase, from MYs 2017–2021, includes final standards that are projected to  require, on an average industry fleet wide basis, a range from 40.3–41.0 mpg in MY 2021. NHTSA are only authorised to publish 5 years in a single rule making so 2022-2025 will be published in a separate action.

EPA is establishing standards that are projected to require, on an average industry fleet  wide basis, 163 grams / mile of carbon dioxide (CO2) in model year 2025, which is  equivalent to 54.5 mpg if this level were achieved solely  through improvements in fuel

July-September Catch Up

Apologies for the lateness of this post. The last 3 months have been incredibly busy (i spent some time travelling in SE Asia and relocated from Malaysia to San Francisco, California to start a position at Tesla Motors) and my blog was one of the many things i have to put on hold. Now that i am more settled here i have the time to keep up to date.

Anyway, below are the things that have been published in those 3 months;



Amends 692/2008 (Emissions & RMI) adding specific sections about vehicle feulled by  hydrogen or a mixture of hydrogen and natural gas. Also requires additional information for electric vehicles to be included in the information document.


Updated ECE regulations in GSR.

The EU Commission has published Regulation 523/2012 in the Official Journal that amends annex IV (list of mandatory ECE regulations) of the General Safety Regulation 661/2009.

New entries;

  • ECE R30.02, supplement 16: Class C1 tyres
  • ECE R54.00, supplement 17: Class C2 & C3 tyres
  • ECE R64.02, corrigendum 02: TPMS and temporary spare tyres
  • ECE R117.02: Rolling sound, resistance and wet grip adhesion.
Amended entries;
  • ECE R13 – Braking: Updated to supplement 3 of series 11.
  • ECE R34 – Fuel tanks / fire risks: updated to supp 02 of series 02.
  • ECE R55 – Coupling: updated to supp 01 of series 01.

All implementation dates are as stated in Article 13 of 661/2009.

FMVSS 205 NPRM – GTR Adoption

The National Highway Traffic Safety Administration (NHTSA) have published a Notice of Proposed Rulemaking (NPRM) in the Federal Register that proposes to align FMVSS 205 with the Global Technical Regulation (GTR) that was published under the UNECE 1998 Agreement.

The main purpose of the GTR was to align the glazing optical, mechanical and environmental resistance requirements that existed in the US, ECE and Japan as they are all substantially similar. This will assist manufacturers in designing and testing glazing components that are acceptable in the major markets.

FMVSS 205 is a short standard as the main requirements from ANSI Z26.1 are incorporated by reference. This NPRM would contain all the text from the GTR, removing the reference.

While all the mechanical, optic and environmental tests are updated with minor amendments, NHTSA believe that the main advantage to adopting the requirements are an upgraded fragmentation test designed to better test the tempering of curved tempered glass, and a new procedure for testing an optical property of the windshield at the angle of installation, to better reflect real world driving conditions.

NHTSA propose a compliance date of 1 year after the publication of the Final Rule as the changes are minor and they believe that manufacturers will be able to comply with current systems.

Comments are due in the docket (NHTSA-2012-0083) by 20th August 2012.