[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]


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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.

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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))

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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

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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/sec 0.10 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.
* * * * *

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    Issued on December 18, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 96-32702 Filed 12-24-96; 8:45 am]
BILLING CODE 4910-59-P