Federal Motor Vehicle Safety Standards; Electric-Powered Vehicles: Electrolyte Spillage and Electrical Shock Protection |
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Topics: Federal Motor Vehicle Safety Standards
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Heidi Renate King
National Highway Traffic Safety Administration
23 August 2019
[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Rules and Regulations]
[Pages 44254-44257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17814]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2019-0009]
RIN 2127-AM10
Federal Motor Vehicle Safety Standards; Electric-Powered
Vehicles: Electrolyte Spillage and Electrical Shock Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule clarifies the direct contact protection
requirements for high voltage connectors in Federal Motor Vehicle
Safety Standard (FMVSS) No. 305, ``Electric-powered vehicles:
electrolyte spillage and electrical shock protection.'' It amends the
standard to make clear the allowance of high voltage connectors that
require the use of a tool to separate from their mating component. This
final rule also makes three minor technical corrections to FMVSS No.
305.
DATES:
Effective date: This final rule is effective August 23, 2019.
Compliance date: The compliance date for the amendments in this
final rule is August 24, 2020. Optional early compliance is permitted.
Petitions for reconsideration: Petitions for reconsideration of
this final rule must be received not later than October 7, 2019.
ADDRESSES: Petitions for reconsideration of this final rule must refer
to the docket and notice number set forth above and be submitted to the
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. Note that all petitions
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Privacy Act: Please see the Privacy Act heading under Rulemaking
Analyses and Notices.
FOR FURTHER INFORMATION CONTACT: You may contact Ms. Shashi Kuppa,
Office of Crashworthiness Standards; telephone: 202-366-3827;
facsimile: 202-493-2990, or Mr. Daniel Koblenz, Office of Chief
Counsel; telephone: 202-366-2992; facsimile: 202-366-3820. The mailing
address of these officials is: National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Alliance Comment to the NPRM
III. Final Rule
IV. Regulatory Notices and Analyses
I. Introduction
On February 28, 2019, NHTSA published a notice of proposed
rulemaking (NPRM) proposing to amend Federal Motor Vehicle Safety
Standard (FMVSS) No. 305, ``Electric-powered vehicles: electrolyte
spillage and electrical shock protection.'' 84 FR 6758. The NPRM
proposed to amend the regulatory text of FMVSS No. 305 to explicitly
permit high-voltage connectors that provide direct contact protection
when connected to their mating component and that require the use of a
tool to separate from their mating component. The regulatory text that
was the subject of the NPRM was
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adopted in a September 27, 2017 final rule (82 FR 44945) that sought to
harmonize FMVSS No. 305 with Global Technical Regulations (GTRs) No.
13, ``Hydrogen and Fuel Cell Vehicles,'' and No. 20, ``Electric Vehicle
Safety.'' The purpose of the February 2019 NPRM was to clarify certain
wording of that final rule relating to high-voltage connectors. The
agency explained that the proposed changes would not negatively affect
motor vehicle safety. NHTSA also proposed three minor technical
corrections to the standard. NHTSA's reasoning and justification for
the proposed changes were fully explained in the NPRM.
NHTSA provided an abbreviated 15-day comment period for the NPRM
because the proposed changes were merely corrective and clarifying in
nature, and because the changes would provide manufacturers with
additional flexibility to meet the requirements of NHTSA's September
27, 2017 final rule amending FMVSS No. 305.
II. Alliance Comment to the NPRM
NHTSA received just one comment on the NPRM, which was submitted by
the Alliance of Automobile Manufacturers (Alliance) in support of the
proposed change.\1\ The Alliance stated that it supported the proposed
rule because the rule would clarify the direct contact protection
requirements that apply to high voltage connectors, would explicitly
permit the use of high voltage connectors that cannot be separated from
their mating component without the use of tools, and would harmonize
FMVSS No. 305 with GTRs No. 13 and No. 20.\2\
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\1\ According to its website, the Alliance is an advocacy group
that represents automakers who build 70% of all cars and light
trucks sold in the U.S. (see https://autoalliance.org/).
\2\ The Alliance further requested that NHTSA host a public
compliance workshop to assist industry stakeholders with
understanding and complying with the September 27, 2017 final rule.
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III. Final Rule
After consideration of the comment submitted by the Alliance and
all other pertinent matters, NHTSA adopts the amendments proposed in
the NPRM for the reasons stated in the NPRM.
IV. Regulatory Notices and Analyses
Executive Order 12866 and DOT Order 2100.6
We have considered the potential impact of this final rule under
Executive Order (E.O.) 12866, and DOT Order 2100.6 and have determined
that it is nonsignificant. This rulemaking document was not reviewed by
the Office of Management and Budget (OMB) under E.O. 12866. The changes
in this final rule largely clarify or correct text adopted by a
September 27, 2017 final rule and will have no significant effect on
the national economy. This final rule clarifies the direct contact
protection requirements that apply to high voltage connectors, and
explicitly permits the use of high voltage connectors that cannot be
separated from their mating component without the use of tools.
Executive Order 13771
E.O. 13771, ``Reducing Regulation and Controlling Regulatory
Costs,'' directs that, unless prohibited by law, whenever an executive
department or agency publicly proposes for notice and comment or
otherwise promulgates a new regulation, it shall identify at least two
existing regulations to be repealed. In addition, any new incremental
costs associated with new regulations shall, to the extent permitted by
law, be offset by the elimination of existing costs. Per OMB Memorandum
M-17-21, only those rules deemed significant under section 3(f) of E.O.
12866 are considered E.O. 13771 regulatory actions. This final rule is
not significant under E.O. 12866, and is therefore not considered an
E.O. 13771 regulatory action.
Regulatory Flexibility Act
NHTSA has considered the effects of this final rule under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the
Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996). I
certify that this final rule will not have a significant economic
impact on a substantial number of small entities. Any small
manufacturers that might be affected by this final rule are already
subject to the requirements of FMVSS No. 305. This final rule merely
clarifies or corrects text adopted by the September 27, 2017 final
rule. This rulemaking action does not impose any additional
restrictions that will affect small entities, and in fact, will give
greater design flexibility to manufacturers of electric vehicles.
National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.
Executive Order 13132 (Federalism)
NHTSA has examined today's final rule pursuant to Executive Order
13132 (64 FR 43255; Aug. 10, 1999) and concluded that no additional
consultation with States, local governments, or their representatives
is mandated beyond the rulemaking process. The agency has concluded
that the final rule does not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The final rule does 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.''
NHTSA rules can have preemptive effect in two ways. First, the
National Traffic and Motor Vehicle Safety Act contains an express
preemption provision, stating that when a motor vehicle safety standard
is in effect under this chapter, a State or a political subdivision of
a State may prescribe or continue in effect a standard applicable to
the same aspect of performance of a motor vehicle or motor vehicle
equipment only if the standard is identical to the standard prescribed
under this chapter. 49 U.S.C. 30103(b)(1). It is this statutory command
that preempts any non-identical State legislative and administrative
law addressing the same aspect of performance.
The express preemption provision described above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' 49 U.S.C. 30103(e). Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved. However, the Supreme
Court has recognized the possibility, in some instances, of implied
preemption of State common law tort causes of action by virtue of
NHTSA's rules--even if not expressly preempted.
This second way that NHTSA rules can preempt is dependent upon the
existence of an actual conflict between an FMVSS and the higher
standard that would effectively be imposed on motor vehicle
manufacturers if someone obtained a State common law tort judgment
against the manufacturer--notwithstanding the manufacturer's compliance
with the NHTSA standard. Because most NHTSA standards established by an
FMVSS are minimum standards, a State common law tort cause of action
that seeks to impose a higher standard on motor vehicle
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manufacturers will generally not be preempted. However, if and when
such a conflict does exist--for example, when the standard at issue is
both a minimum and a maximum standard--the State common law tort cause
of action is impliedly preempted. See Geier v. American Honda Motor
Co., 529 U.S. 861 (2000).
Pursuant to E.O. 13132, NHTSA has considered whether this final
rule preempts State common law causes of action. The agency's ability
to announce its conclusion regarding the preemptive effect of one of
its rules reduces the likelihood that preemption will be an issue in
any subsequent tort litigation.
To this end, the agency has examined the nature (e.g., the language
and structure of the regulatory text) and objectives of today's final
rule and finds that this rule, like many NHTSA rules, prescribes only a
minimum safety standard. Accordingly, NHTSA does not intend that this
final rule preempt state tort law that effectively imposes a higher
standard on motor vehicle manufacturers than that established by
today's final rule. Establishment of a higher standard by means of
State tort law would not conflict with the minimum standard established
by this document. Without any conflict, there could not be any implied
preemption of a State common law tort cause of action.
Executive Order 12988 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before parties
file suit in court; (6) adequately defines key terms; and (7) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. This document is
consistent with that requirement.
Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court.
Privacy Act
Please note that anyone can search the electronic form of all
documents received into any of our dockets by the name of the
individual submitting the document (or signing the document, 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 online at
http://www.dot.gov/privacy.html.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number. There are no
information collection requirements associated with this final rule.
National Technology Transfer and Advancement Act
Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' 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.
Pursuant to the above requirements, the agency conducted a review
of voluntary consensus standards to determine if any were applicable to
this final rule. NHTSA searched for but did not find voluntary
consensus standards directly applicable to the amendments in this final
rule.
However, consistent with the NTTAA, this final rule is aligned with
regulations developed globally on electric vehicle safety, namely GTR
No. 13 and GTR No. 20.\3\ The GTRs permit the use of high voltage
connectors that cannot be separated from their mating component without
the use of tools. We believe that the amendments to FMVSS No. 305 would
promote harmonization of our countries' regulatory approaches on
electric vehicles and HFCVs.
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\3\ The NTTAA seeks to support efforts by the Federal government
to ensure that agencies work with their regulatory counterparts in
other countries to address common safety issues. Circular No. A-119,
``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities,''
January 27, 2016, p. 15.
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Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 requires 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
annually (adjusted for inflation with base year of 1995). We note that
as this final rule only makes minor adjustments and clarifications to
FMVSS No. 305, it will not result in expenditures by any of the
aforementioned entities of over $100 million annually.
Executive Order 13609 (Promoting Regulatory Cooperation)
Executive Order 13609 states that the regulatory approaches taken
by foreign governments may differ from those taken by U.S. regulatory
agencies to address similar issues. In some cases, the differences
between the regulatory approaches of U.S. agencies and those of their
foreign counterparts might not be necessary and might impair the
ability of American businesses to export and compete internationally.
In meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
This final rule harmonizes FMVSS No. 305 with provisions that are
in GTRs No. 13 and No. 20. Specifically, the primary clarification made
by this document--that the use of connectors that cannot be separated
from their mating component without the use of tools is permissible
under FMVSS No. 305--brings FMVSS No. 305 into alignment with GTRs No.
13 and No. 20 requirements relating to high voltage connectors, and so
will further the goals of E.O. 13609.
Regulation Identifier Number
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal
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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.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicles, Motor vehicle safety.
In consideration of the foregoing, NHTSA amends 49 CFR part 571 as
follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95 and 501.8.
0
2. Amend Sec. 571.305 by
0
a. Adding (in alphabetical order) a definition for ``High voltage live
part'' to S4;
0
b. Revising S5.4.1.5;
0
c. Revising the introductory text of S8; and,
0
d. Revising S9.2(a).
The addition and revisions read as follows:
Sec. 571.305 Standard No. 305; Electric-powered vehicles; electrolyte
spillage and electrical shock protection.
* * * * *
S4. Definitions.
* * * * *
High voltage live part means a live part of a high voltage source.
* * * * *
S5.4.1.5 Connectors. All connectors shall provide direct contact
protection by:
(a) Meeting the requirements specified in S5.4.1.4 when the
connector is connected to its corresponding mating component; and,
(b) If a connector can be separated from its mating component
without the use of a tool, meeting at least one of the following
conditions from (b)(1), (2), or (3) of this section:
(1) The connector meets the requirements of S5.4.1.4 when separated
from its mating component;
(2) The voltage of the live parts becomes less than or equal to 60
VDC or 30 VAC within one second after the connector is separated from
its mating component; or,
(3) The connector requires at least two distinct actions to
separate from its mating component and there are other components that
must be removed in order to separate the connector from its mating
component and these other components cannot be removed without the use
of tools.
* * * * *
S8. Test procedure for on-board electrical isolation monitoring
system. Prior to any impact test, the requirements of S5.4.4 for the
on-board electrical isolation monitoring system shall be tested using
the following procedure.
* * * * *
S9.2 * * *
(a) Test method using a resistance tester. The resistance tester is
connected to the measuring points (the electrical chassis and any
exposed conductive part of electrical protection barriers or any two
simultaneously reachable exposed conductive parts of electrical
protection barriers that are less than 2.5 meters from each other), and
the resistance is measured using a resistance tester that can supply
current levels of at least 0.2 Amperes with a resolution of 0.01 ohms
or less. The resistance between two exposed conductive parts of
electrical protection barriers that are less than 2.5 meters from each
other may be calculated using the separately measured resistances of
the relevant parts of the electric path.
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.5.
Heidi Renate King,
Deputy Administrator.
[FR Doc. 2019-17814 Filed 8-22-19; 8:45 am]
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