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This rulemaking would amend Federal Motor Vehicle Safety Standard No. 208, "Occupant crash protection," to require automobile manufacturers to install a seat belt reminder system for the front passenger and rear designated seating positions in passenger vehicles. The seat belt reminder system is intended to increase seat belt usage and thereby improve the crash protection of vehicle occupants who would otherwise have been unbelted. This rulemaking would respond in part to a petition for rulemaking submitted by Public Citizen and Advocates for Highway and Auto Safety, as well as to requirements in MAP-21.

Statement of Need:

Based on recent FARS data, there was an annual average of 1,695 rear-seat passenger vehicle occupants killed. Of these fatalities, 1,151 rear-seat occupants (68 percent) were known to be unrestrained. According to recent NASS-GES data, there was an annual average of 46,927 rear-seat occupants injured, of which 15,290 (33 percent) were unrestrained. These unrestrained occupants who were killed or injured represent the rear-seat occupant target population. There was an annual average of 3,846 front outboard passenger seat occupant fatalities in the FARS data. Of these fatalities, 1,799 occupants (46.8 percent) were unrestrained. In addition, according to NASS-GES data, there was an annual average of 67,948 injured occupants in front outboard seating positions in crashes. Of those front outboard seat occupants injured, 20,369 (30 percent) were unrestrained. These unrestrained occupants who were killed or injured in crashes represent the front outboard passenger seat occupant target population.

Summary of the Legal Basis:

MAP-21 required the Secretary to initiate a rulemaking proceeding to amend FMVSS No. 208 to provide a safety belt use warning system for designated seating positions in the rear seat. It directed the Secretary to either issue a final rule, or, if the Secretary determined that such an amendment did not meet the requirements and considerations of 49 U.S.C. section 30111, to submit a report to Congress describing the reasons for not prescribing such a standard.

Alternatives:

The Agency considered several alternatives, including 1) requiring occupant detection for rear warning system; 2) requiring a SBRS for the front center seat; 3) system hardening from inadvertent and intentional defeat; and 4) awarding points through NCAP for rear SBRSs.

Anticipated Costs and Benefits:

The proposed rule would result in 42 – 64 ELS and 33 - 50 ELS at 3 percent and 7 percent discount rates, respectively. The estimated total cost is $163.3 million.

Risks:

The Agency believes there are no substantial risks to this rulemaking.