[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)] [Rules and Regulations] [Pages 67953-67962] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-32702] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 572 [Docket No. 74-14; Notice 104] RIN 2127-AF41 Anthropomorphic Test Dummy; Occupant Crash Protection AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends the specifications for the Hybrid III test dummy. The dummy is specified by the agency for use in compliance testing under Standard No. 208, Occupant Crash Protection. The amendments make minor modifications of the femurs and ankles to improve biofidelity. While there may be some minimal effect on HIC, chest, and femur test data, the improvement in data quality and reliability will more than offset these differences and make the dummy more useful in tests at more severe impact conditions of some research and vehicle development programs. This rule does not include any amendments based on a proposal to adopt a neck shield for the Hybrid III test dummy. DATES: Effective Date: The amendments made in this rule are effective June 25, 1997. Incorporation by Reference Date: The incorporation by reference of the material listed in this document is approved by the Director of the Federal Register as of June 25, 1997. Petition Date: Any petitions for reconsideration must be received by NHTSA no later than February 10, 1997. ADDRESSES: Any petitions for reconsideration should refer to the docket and notice number of this notice and be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: The following persons at the National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 20590: For non-legal issues: Mr. Stanley Backaitis, Office of Crashworthiness Standards, NPS-10, telephone (202) 366-4912, facsimile (202) 366-4329, electronic mail ``[email protected]''. For legal issues: Mr. Steve Wood, Office of the Chief Counsel, NCC- 20, telephone (202) 366-2992, facsimile (202) 366-3820, electronic mail ``[email protected]''. SUPPLEMENTARY INFORMATION: Standard No. 208, Occupant Crash Protection, currently permits the use of either the Hybrid III test dummy or the older Hybrid II dummy in compliance testing. Effective September 1, 1997, however, the Standard will specify the use of a single dummy, the Hybrid III dummy. The specifications for the Hybrid III dummy appear in subpart E of 49 CFR part 572. The Hybrid III dummy has been widely used in recent years. In addition to increasingly using the dummy for Standard No. 208 certification purposes, many manufacturers use this advanced dummy in their research and developmental testing. In addition, NHTSA uses the Hybrid III dummy in its New Car Assessment Program (NCAP). In petitions for rulemaking, vehicle manufacturers identified three areas in which they believe the dummy should be improved. These areas are (1) increased ankle dorsiflexion motion, (2) use of a soft foam neck shield, and (3) increased femur flexion ranges. The first two of these areas were identified by Ford in a petition submitted in March 1991. The third was identified in petitions submitted by Toyota, Honda, and Nissan between September 1993 and April 1994. NHTSA granted each of the petitions for rulemaking and conducted extensive analysis, including a test program, of the issues raised in the petitions. Among other actions, the agency consulted with the Society of Automotive Engineers (SAE) Human Biomechanics and Simulations Committee. Subsequently, on June 30, 1995, the agency published a Notice of Proposed Rulemaking (NPRM) proposing minor modifications of the femurs and ankles of the Hybrid III dummy (60 FR 34213). The NPRM also proposed to specify the use of a neck shield. The NPRM stated that the proposed changes would have no effect on Standard No. 208 test results, but would make the Hybrid III test dummy more useful for use in research and vehicle development programs which involve more severe impact conditions. The agency received 17 responses to the NPRM. In general, commenters supported the proposed amendments to the femurs and ankles, but not the use of a neck shield. All comments were considered and the most significant ones are addressed below. Femur/Hip Modifications In the NPRM, the agency proposed modifications to the femurs at the hip joint to assure the same motion range between the right and left femurs and to prevent metal to metal contact or hard contact impacts from occurring with the pelvis bone at maximum femur flexion. In addition, the agency proposed the addition of a calibration test for hip joint-femur flexion. None of the commenters disagreed with these proposals. However, some commenters raised some issues related to them. Advocates for Highway and Auto Safety (Advocates) supported the goal of the proposed changes, but questioned whether there would be trade-offs among the various injury measures that affected safety. Since the NPRM was published, the agency has conducted additional testing to evaluate the effects of hip joint changes on the dummy response. This evaluation showed a slight decrease (up to 10%) in passenger chest G's, and a slight increase (up to 5%) in driver chest G's. Head Injury Criteria (HIC) showed an increase of more than 10% in some tests; however, this is not of great concern because it occurred only when there was a low baseline HIC (15% to 60% of the maximum limit). Despite these minor differences, the agency believes the effects of the modifications are positive overall because they will produce more consistent and less spike-contaminated impact responses. These improvements will result from the elimination of non-uniform ranges of motions between the left and right legs, and from the prevention of metallic impacts between the femur shafts and the pelvis. Two commenters, Ford and Chrysler, supported the proposal but also stated that load transmission from the femurs and hips through the lumbar spine is not biofidelic. Neither commenter provided details regarding how this alleged problem should be addressed. Because the dummy is constructed from different materials than the human body, it can never be completely biofidelic. This final rule addresses identified problems concerning inadequate femur flexion and possible metal-to-metal contacts. As such, the final rule increases the biofidelity of the dummy. Consideration of other areas of biofidelity should be the subject of future research. Four commenters (Ford, General Motors (GM), Toyota, and, Transportation Research Center (TRC)) [[Page 67954]] raised issues concerning femur loading level during the calibration test. NHTSA proposed a 50 ft-lbf torque maximum between 20 and 34 degrees of rotation and a 250 ft-lbf torque maximum between 44 and 52 degrees. Toyota commented that the 250 ft-lbf loading level was too high and could prematurely damage the femur bumper. GM and TRC also commented that the level was too high and recommended a level of 150 ft-lbf. Comments were also received on the range of femur rotation during the calibration test. After reviewing these comments, the agency has decided to modify the calibration test. NHTSA agrees that the femur should be capable of flexion rotation of at least 52 degrees without the bumper. But it also agrees that, in bumper loading tests, 250 ft-lbf can compress the bumper to the extent that it could begin to fall apart. The new requirements specify that a load of 50 ft-lbf cannot be exceeded before the femur rotates 36 degrees, and that a load of 150 ft-lbf must be reached after the femur rotates 46 degrees, and before it rotates 52 degrees. Several commenters recommended adoption of the SAE test procedure for the hip joint (SAE Engineering Aid 23--Final Draft (August 1995)). Because only limited numbers of vehicle manufacturers have experience with this procedure, NHTSA believes that it would be desirable to review it further to determine its objectivity and acceptability. The agency will review the procedure and propose it in a future rulemaking, if appropriate. The amendments adopted in this final rule include revisions to the upper bone parts (drawings 78051-108, -109) and the addition of bolt-on urethane bumpers (drawings 78051-498-1, -2). The right and left femurs are redesigned to allow identical motion ranges in the dorsiflexion direction. The cost of replacement femurs is estimated at approximately $2,400 per dummy. Foot/Ankle Modifications In the NPRM, the agency proposed to modify the ankle to allow 45 degrees of dorsiflexion instead of the current 30 degrees. With one exception, commenters supported this proposal. The exception was Advocates, which expressed concern that the change could alter dummy response and allow increased injuries. Agency research shows no measurable change in dummy response during Standard No. 208 testing as a result of the increased dorsiflexion. Therefore, NHTSA is adopting the changes. The changes to the ankle rotation to allow increased dorsiflexion necessitate relocation of the center of the ankle joint and a rearrangement of the foot. The modifications to the foot and ankle involve the relocation of the ankle ball joint and associated revisions of the foot skeletal structure, reorientation of the foot plate, and a revised casting of the foot flesh, while retaining essentially the same exterior surfaces. The modified drawings are 78051-600, -601, and -611, and 7310-1, and -2. The cost of a modified foot is $305, or $610 per dummy. The cost of a bumper and its retainer washer is $200 per foot, or $400 per dummy. Neck Shield Last, in response to the Ford petition, the agency proposed to specify the use of a neck shield for the Hybrid III dummy. A number of commenters questioned the need for the neck shield, stating that they had not experienced problems that necessitated its use. In addition, commenters questioned whether the design of the neck shield would adversely affect the head/neck interaction. As indicated in the NPRM, NHTSA has no data indicating that a neck shield is necessary, but was willing to consider specifying its use to alleviate alleged problems if there were no adverse effects. No data was submitted to indicate that a neck shield cannot have the undesirable consequences some commenters suggested. Given this, the agency is not specifying a neck shield for the Hybrid III dummy at this time. NHTSA notes that the dummy specified in Part 572 is the dummy that NHTSA must use in its compliance testing. However, manufacturers are free to use another dummy or even another test when certifying their vehicles, provided they can demonstrate that they have exercised due care in certifying compliance. Therefore, a manufacturer could use the neck shield without it being specified by NHTSA. NHTSA will continue to monitor this issue and would reconsider adopting a specification if a need was demonstrated. Effective Date The agency proposed to make the amendments effective 30 days after publication of a final rule. TRW, Ford, GM and Nissan support the proposed effective date. Honda suggested a 90 day effective date, while Volkswagen suggested 180 days. Dummy manufacturers state that some dummy users have already begun using replacement parts for the femur/ hip modifications. They also noted that users should be able to obtain any new femur within 30 days, and modified foot/ankle assemblies in less than eight weeks. To provide maximum flexibility, NHTSA has decided to make this rule effective 180 days following the date of publication. All manufacturers said they would be able to comply with this effective date. NHTSA will begin using the modified dummy for all vehicles manufactured after this date. Manufacturers, of course, may begin using the modified components for their purposes prior to that date. Other Comments Commenters also raised issues concerning a lower lumbar spine load cell and the access holes in the pelvis assembly. These issues are outside the scope of the NPRM and cannot be addressed in this final rule. However, NHTSA will consider these comments in a future agency rulemaking. Rulemaking Analyses and Notices Executive Order 12866 and DOT Regulatory Policies and Procedures NHTSA has considered the impact of this rulemaking action under E.O. 12866 and the Department of Transportation's regulatory policies and procedures. This rulemaking document was not reviewed under E.O. 12866, ``Regulatory Planning and Review.'' This action has been determined to be not ``significant'' under the Department of Transportation's regulatory policies and procedures. Replacement costs for existing dummies would be approximately $3,410. These changes are being made to allow manufacturers to use the same dummy for research purposes as they use for compliance certification purposes. There will be no impact on the ability of manufacturers to comply with NHTSA's standards. Regulatory Flexibility Act NHTSA has also considered the impacts of this final rule under the Regulatory Flexibility Act. I hereby certify that this rule will not have a significant economic impact on a substantial number of small entities. As explained above, there will not be a significant economic impact on purchasers of either dummies or vehicles as a result of this rule. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1980 (P.L. 96- 511), there are no requirements for information collection associated with this final rule. National Environmental Policy Act NHTSA has also analyzed this final rule under the National Environmental [[Page 67955]] Policy Act and determined that it will not have a significant impact on the human environment. Executive Order 12612 (Federalism) NHTSA has analyzed this rule in accordance with the principles and criteria contained in E.O. 12612, and has determined that this rule will not have significant federalism implications to warrant the preparation of a Federalism Assessment. Civil Justice Reform This final rule does not have any retroactive effect. Under 49 U.S.C. 30103, whenever a Federal motor vehicle safety standard is in effect, a State may not adopt or maintain a safety standard applicable to the same aspect of performance which is not identical to the Federal standard, except to the extent that the State requirement imposes a higher level of performance and applies only to vehicles procured for the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial review of final rules establishing, amending or revoking Federal motor vehicle safety standards. That section does not require submission of a petition for reconsideration or other administrative proceedings before parties may file suit in court. List of Subjects in 49 CFR Part 572 Incorporation by reference, Motor vehicle safety. In consideration of the foregoing, 49 CFR Part 572 is amended as follows: PART 572--[AMENDED] 1. The authority citation for Part 572 of Title 49 continues to read as follows: Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50. Subpart E--Hybrid III Test Dummy 2. Section 572.30 is amended by revising paragraph (b) to read as follows: Sec. 572.30 Incorporated materials. (a) * * * (b) The materials incorporated by reference are available for examination in the general reference section of docket 74-14, Docket Section, National Highway Traffic Safety Administration, Room 5109, 400 Seventh Street, SW, Washington, DC 20590. Copies may be obtained from Reprographic Technologies, 9000 Virginia Manor Road, Beltsville, MD 20705, Telephone (301) 210-5600, Facsimile (301) 419-5069, Attn. Mr. Jay Wall. Drawings and specifications are also on file in the reference library of the Office of the Federal Register, 800 N. Capitol Street, NW., suite 700, Washington, DC. 3. Section 572.31 is amended by revising paragraphs (a)(1), (a)(3), and (a)(4) to read as follows, by removing paragraph (b), by redesignating paragraphs (c) through (f) as paragraphs (b) through (e) and by revising redesignated paragraph (d) to read as follows: Sec. 572.31 General description. (a) * * * (1) The Anthropomorphic Test Dummy Parts List, dated September 9, 1996, and containing 16 pages. * * * * * (3) A General Motors Drawing No. 78051-218, revision S, titled ``Hybrid III Anthropomorphic Test Dummy,'' dated May 20, 1978, the following component assemblies, and subordinate drawings: ------------------------------------------------------------------------ Drawing No. Revision ------------------------------------------------------------------------ 78051-61 head assembly--complete, dated May 20, (T) 1978. 78051-90 neck assembly--complete, dated May 20, (A) 1978. 78051-89 upper torso assembly--complete, dated May (K) 20, 1978. 78051-70 lower torso assembly--complete, dated (E) August 20, 1996, except for drawing No. 78051-55, ``Instrumentation Assembly--Pelvic Accelerometer,'' dated August 2, 1979. 86-5001-001 leg assembly--complete (LH), dated (A) March 26, 1996. 86-5001-002 leg assembly--complete (RH), dated (A) March 26, 1996. 78051-123 arm assembly--complete (LH), dated May (D) 20, 1996. 78051-124 arm assembly--complete (RH), dated May (D) 20, 1978. ------------------------------------------------------------------------ (4) Disassembly, Inspection, Assembly and Limbs Adjustment Procedures for the Hybrid III dummy, dated September 1996. * * * * * (d) The weights, inertial properties and centers of gravity location of component assemblies shall conform to those listed in drawing 78051-338, revision S, titled ``Segment Weights, Inertial Properties, Center of Gravity Location--Hybrid III,'' dated May 20, 1978 of drawing No. 78051-218. * * * * * 4. Section 572.35 is amended by moving Figure 24 to the end of paragraph (c); revising paragraphs (a) through (c); and adding Figures 25 through 27 after Figure 24 at the end of the section, to read as follows: Sec. 572.35 Limbs. (a) The limbs consist of the following assemblies: leg assemblies 86-5001-001, revision A and -002, revision A, and arm assemblies 78051- 123, revision D and -124, revision D, and shall conform to the drawings subtended therein. (b) Femur impact response. (1) When each knee of the leg assemblies is impacted in accordance with paragraph (b)(2) of this section, at 6.9 ft/sec0.10 ft/sec by the pendulum defined in Sec. 572.36(b), the peak knee impact force, which is a product of pendulum mass and acceleration, shall have a minimum value of not less than 1060 pounds and a maximum value of not more than 1300 pounds. (2) Test procedure. (i) The test material consists of leg assemblies (86-5001-001, revision A) left and (-002, revision A) right with upper leg assemblies (78051-46) left and (78051-47) right removed. The load cell simulator (78051-319, revision A) is used to secure the knee cap assemblies (79051-16, revision B) as shown in Figure 24). (ii) Soak the test material in a test environment at any temperature between 66 degrees F to 78 degrees F and at a relative humidity from 10% to 70% for a period of at least four hours prior to its application in a test. (iii) Mount the test material with the leg assembly secured through the load cell simulator to a rigid surface as shown in Figure 24. No contact is permitted between the foot and any other exterior surfaces. (iv) Place the longitudinal centerline of the test probe so that at contact with the knee it is collinear within 2 degrees with the longitudinal centerline of the femur load cell simulator. (v) Guide the pendulum so that there is no significant lateral, vertical or rotational movement at time zero. (vi) Impact the knee with the test probe so that the longitudinal centerline [[Page 67956]] of the test probe at the instant of impact falls within .5 degrees of a horizontal line parallel to the femur load cell simulator at time zero. (vii) Time zero is defined as the time of contact between the test probe and the knee. (c) Hip joint-femur flexion. (1) When each femur is rotated in the flexion direction in accordance with paragraph (c)(2) of this section, the femur rotation at 50 ft-lbf of torque will not be more than 36 deg. from its initial horizontal orientation, and at 150 ft-lbf of torque will not be less than 46 deg. or more than 52 deg. (2) Test procedure. (i) The test material consists of the assembled dummy, part No. 78051-218 (revision S) except that (1) leg assemblies (86-5001-001 and 002) are separated from the dummy by removing the 3/8- 16 Socket Head Cap Screw (SHCS) (78051-99) but retaining the structural assembly of the upper legs (78051-43 and -44), (2) the abdominal insert (78051-52) is removed and (3) the instrument cover plate (78051-13) in the pelvic bone is replaced by a rigid pelvic bone stabilizer insert (Figure 25a) and firmly secured. (ii) Seat the dummy on a rigid seat fixture (Figure 25) and firmly secure it to the seat back by bolting the stabilizer insert and the rigid support device (Figure 25b) to the seat back of the test fixture (Figures 26 and 27) while maintaining the pelvis (78051-58) ``B'' plane horizontal. (iii) Insert a lever arm into the femur shaft opening of the upper leg structure assembly (78051-43/44) and firmly secure it using the 3/ 8-16 socket head cap screws. (iv) Lift the lever arm parallel to the midsagittal plane at a rotation rate of 5 to 10 deg. per second while maintaining the 1/2 in. shoulder bolt longitudinal centerline horizontal throughout the range of motion until the 150 ft-lbf torque level is reached. Record the torque and angle of rotation of the femur. (v) Operating environment and temperature are the same as specified in paragraph (c)(3) of this section. * * * * * BILLING CODE 4910-59-P [[Page 67957]] [GRAPHIC] [TIFF OMITTED] TR26DE96.004 [[Page 67958]] [GRAPHIC] [TIFF OMITTED] TR26DE96.005 [[Page 67959]] [GRAPHIC] [TIFF OMITTED] TR26DE96.006 [[Page 67960]] [GRAPHIC] [TIFF OMITTED] TR26DE96.007 [[Page 67961]] [GRAPHIC] [TIFF OMITTED] TR26DE96.008 BILLING CODE 4910-59-C [[Page 67962]] Issued on December 18, 1996. Ricardo Martinez, Administrator. [FR Doc. 96-32702 Filed 12-24-96; 8:45 am] BILLING CODE 4910-59-P