[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53848-53851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26795]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 572

[Docket No. NHTSA-98-4503]
RIN 2127-AG39


Anthropomorphic Test Dummy; Occupant Crash Protection

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final Rule.

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SUMMARY: This document modifies the Hybrid III test dummy, which is 
specified by the agency for use in compliance testing under Standard 
No. 208, Occupant crash protection. The agency is making minor 
modifications to the test dummy's clothing and shoes, and to the hole 
diameter in the femur flange in the pelvis bone flesh. The changes will 
facilitate compliance testing, while having no significant effect on 
Standard No. 208 test results.

DATES: This regulation is effective November 6, 1998. The incorporation 
by reference of certain publications listed in the regulation is 
approved by the Director of the Federal Register as of November 6, 
1998. Petitions for Reconsideration must be received by November 23, 
1998.

ADDRESSES: Petitions should refer to the docket and notice number of 
this notice and be submitted to: Administrator, National Highway 
Traffic Safety Administration, 400 7th Street, SW, Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT:
    For non-legal issues: Mr. Stanley Backaitis, Office of 
Crashworthiness Standards, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW, Washington, DC 20590. 
Telephone: (202) 366-4912. Fax: (202) 366-4329.

[[Page 53849]]

    For legal issues: Ms. Nicole H. Fradette, NCC-20, Rulemaking 
Division, Office of Chief Counsel, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW, Washington, D.C. 20590 (202-
366-2992).

SUPPLEMENTARY INFORMATION:

I. Summary

    In an August 7, 1997 Notice of Proposed Rulemaking (NPRM), NHTSA 
proposed two modifications to the Hybrid III test dummy, which is 
specified by the agency for use in compliance testing under Standard 
No. 208, Occupant crash protection.1 First, the agency 
proposed to amend the specifications for the Hybrid III dummy's 
clothing and shoes to make the requirements consistent with compliance 
testing practices and to facilitate procurement of the dummy's shoes 
and clothing. Second, the agency proposed to specify a hole diameter in 
the pelvis bone flesh to facilitate femur flange (shank portion) 
insertion during its attachment to the pelvis bone. The NPRM also 
addressed a petition from General Motors (GM) to amend 49 CFR Part 572 
to allow the use of an available lower lumbar spine load cell assembly 
in place of the standard Hybrid III lumbar adapter. The agency 
explained that an amendment was unnecessary because manufacturers could 
already use the lumbar spine load cell assembly at their discretion.
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    \1\ NHTSA decided to specify exclusive use of the Hybrid III 
dummy in a final rule published on November 8, 1993. (58 FR 59189) 
The specifications for the Hybrid III dummy appear in subpart E of 
49 CFR part 572.
    NHTSA also uses the Hybrid III dummy in its New Car Assessment 
Program (NCAP). This program involves testing new passenger cars and 
trucks by crashing them into a fixed collision barrier at 35 mph. 
That crash is five mph faster and 36 percent more severe than the 
crash test specified in Standard No. 208.
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    First Technology Safety Systems (FTSS), Mercedes-Benz, Chrysler, 
Mitsubishi, Ford, and General Motors (GM) submitted comments in 
response to the NPRM. Chrysler, Ford, and GM supported the proposed 
changes to the clothing specifications for the Hybrid III dummy; the 
other three commenters did not address the issue. All six commenters 
supported specifying a hole diameter in the pelvis flesh to facilitate 
femur flange insertion during its attachment to the pelvis bone, 
although they differed in a minor way over the specific dimension of 
the hole's diameter. With respect to GM's question of using a lower 
lumbar spine load cell in lieu of a lumbar adapter, Chrysler supported 
the agency's position that the use of a lower lumbar spine load cell 
assembly does not need agency approval.
    After reviewing and analyzing the comments, NHTSA has concluded 
that the Hybrid III dummy specifications should be changed to 
incorporate the minor modifications proposed in the NPRM. The agency 
believes that the modifications will facilitate testing and will 
provide additional information from which a more realistic assessment 
of the effectiveness of occupant protection systems can be made, 
without affecting the dummy impact responses for either Standard No. 
208 or New Car Assessment Program (NCAP) testing. A summary of the NPRM 
and the agency's response to the comments follows.

II. Summary of NPRM

A. Garments and Shoes

    Both First Technology Safety Systems and the Motor Industry 
Research Association (MIRA of United Kingdom) contacted NHTSA about 
what they viewed as a conflict between the Hybrid III's specifications 
and the length of stretch pants actually used on the Hybrid III dummy 
in Standard No. 208 compliance testing. Although paragraph S8.1.8.1 and 
S8.1.8.2 specify the use of mid-calf length pants, all compliance 
testing laboratories and most development laboratories use above-the-
knee length pants.2
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    \2\ The use of mid-calf pants was a carry-over from the General 
Motors original specifications for the Hybrid III dummy.
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    In compliance tests, the pants are either cut off above the dummy 
knees or rolled up above the knees for two reasons. First, S10.5 of 
Standard No. 208 requires the legs to be positioned with a specified 
distance between the ``outboard knee clevis flange surfaces.'' The 
pants must be rolled up above the knees for dummy positioning to 
measure this distance. Second, the dummy knees are often marked with 
chalk to determine where knee contact with the vehicle interior occurs 
during the test.3 Since the pants often ride up the dummy's 
legs during the crash event, chalking the dummy pants does not work 
well.
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    \3\ This information, while not required by Standard No. 208, is 
helpful.
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    MIRA also informed NHTSA that the pants, undershirt, and shoes are 
no longer available from the supply sources referenced in the drawings 
of those items and that users were having difficulty finding such 
articles of clothing on the open market. MIRA asked NHTSA to clarify 
where such articles could be obtained and what specifications should be 
used to ensure that the correct items were procured. Other dummy users 
indicated similar procurement difficulties and expressed a preference 
to procure shoes and garments for the dummy on the open market under 
general product description guidelines rather than from one specific 
source.
    NHTSA tentatively agreed with these observations, stating that many 
commercially available articles would serve the intended purposes. The 
agency, therefore, proposed amending Standard No. 208 to allow users to 
equip the Hybrid III dummies with commercially available shoes and 
cotton stretch light weight above-the-knee length pants and undershirt 
that fit general description guidelines rather than requiring them to 
obtain these items from a designated supplier. The agency noted, in the 
NPRM, that the proposed changes reflected what had become common 
procurement and use practice among manufacturers and NHTSA contractors 
who perform compliance tests.

B. Access Hole Diameter in the Pelvis Flesh

    In response to a June 30, 1995 notice of proposed rulemaking (NPRM) 
(60 FR 34213, Docket 74-14, Notice 96), the American Automobile 
Manufacturers Association (AAMA) stated that the access holes in the 
pelvis flesh should be enlarged to facilitate the insertion of the 
femur flange (shank portion) for their attachment to the pelvis bone. 
The AAMA stated that although the holes are shown on the dummy drawing, 
the diameter of the holes had not been specified. The AAMA stated that 
the pelvis flesh could be damaged during insertion of the femur flange 
through the existing two inch diameter holes (as scaled from the 
drawing). The organization recommended enlarging the holes' diameter to 
2\5/16\ inches, a change that it believed would accommodate insertion 
of the femur flange without tearing the flesh material. AAMA stated 
that such a change would not significantly affect dummy kinematics or 
instrumentation readings.
    In response to AAMA's comments, NHTSA proposed specifying the 
diameter of the hole in the pelvis flesh as 2\5/16\ inches. The agency 
noted that the proposed change was consistent with a Society of 
Automotive Engineers (SAE) Task Force recommendation. The agency 
explained that the larger size would facilitate testing by making 
insertion of the femur shaft less cumbersome. By permitting easier 
slip-through of the section of the femur shaft containing the rubber 
bumper, the larger hole could prevent an occasional hang

[[Page 53850]]

up of the urethane bumper's edge against the inner edge of the hole in 
the pelvis flesh. As a result, the flesh with the enlarged hole would 
be less susceptible to damage during the femur flange insertion 
process. The agency explained that it believed that the loads on the 
femur shaft would be the same irrespective of whether the hole was 2 
inches in diameter or 2\5/16\ inches in diameter because of a looser 
fit within as it compresses the pelvis flesh.

III. Agency Decision and Response to Comments

A. Garments and Shoes

    Chrysler, Ford, and GM all supported the proposed changes to the 
Hybrid III dummy's clothing; the other three commenters did not address 
the issue. Commenters stated that specifying the use of cotton stretch 
light weight above the knee pants recognizes the common testing 
practice of the vehicle manufacturers and NHTSA contractors who perform 
compliance tests. Further, exposing the dummy's knees will allow chalk 
to be applied to the dummy's knees so that knee contact with the 
impacted vehicle surface can be determined. In addition, commenters 
stated that the proposed changes would facilitate procurement of 
appropriate dummy clothing and shoes. NHTSA is, therefore, amending 
Standard No. 208 to allow the users to equip the Hybrid III dummies 
with commercially available shoes and cotton stretch light weight 
above-the-knee length pants and undershirt that fit general description 
guidelines. Accordingly, NHTSA is removing drawings related to shoes 
and garments from the Hybrid III drawing set (78051-292, -293, -294, 
and -295) and incorporating appropriately worded modifications in 
Sec. 571.208 S8.1.8.1 and S8.1.8.2 which describe the shoes and 
garments to be used on the Hybrid III dummy. NHTSA believes that this 
change will not affect the stringency of Standard No. 208's 
requirements or result in any cost differences for manufacturers.

B. Access Hole Diameter in the Pelvis Flesh

    All six commenters supported specifying a larger hole diameter in 
the pelvis flesh. The commenters differed, however, with respect to the 
specific dimensions of the hole's diameter. Chrysler, Mercedes Benz and 
Mitsubishi supported the proposed 2\5/16\ inch diameter hole stating 
that it would facilitate the insertion of the femur flange for its 
attachment to the pelvis bone and minimize the possibility of tearing 
the pelvis flesh. Ford and FTSS suggested enlarging the holes' diameter 
to 2\7/16\ inches. In support of its comment, FTSS noted that pelvis 
flesh has been manufactured with diameter holes of 2\7/16\ inches 
(2.44+/-.06) for many years. Consequently, FTSS stated that specifying 
a diameter of 2\7/16\ inches would not require any retooling. GM 
recommended increasing the access hole to 2\1/2\ inches in diameter so 
that it was consistent with the hole diameter of currently manufactured 
dummies. GM and Chrysler both stated that increasing the hole's 
diameter would not affect the dummy's performance.
    The dimensional tolerance for the 2\7/16\ inch diameter hole 
(2.44+/-0.06) covers the 2\1/2\ inch nominal specification proposed by 
GM. The agency concludes, therefore, that there is virtually no 
difference between GM's recommendation for a 2\1/2\ inch diameter hole 
and the Ford and FTSS recommendations for a 2\7/16\ inch diameter hole. 
The agency believes that GM's recommendation merely reflects the upper 
dimensional limit of the hole's diameter. The agency believes that 
enlarging the access hole diameter to 2\7/16\ inches (2.44+/-0.6) will 
greatly facilitate the test dummy's assembly and reduce the chances of 
tearing the pelvis flesh during insertion of the 3 inch diameter femur 
flange. Further, NHTSA does not believe that the commenters who 
supported enlarging the hole's diameter to 2\5/16\ inches would object 
to a hole of a slightly larger diameter. The larger hole will ease 
dummy assembly and reduce the risk of tearing the pelvis flesh. In 
addition, it will not affect the dummy's impact performance. NHTSA is, 
therefore, specifying a diameter of 2\7/16\ (2.44+/-0.06) inches for 
the pelvis flesh hole of the Hybrid III dummy.
    The agency notes that Mitsubishi requested that manufacturers and 
others be allowed to continue using test dummies that contain the 
current 2 inch diameter holes. The agency sees no need for dummy users 
to procure new pelvis assemblies with larger access holes if they are 
satisfied with the dummies they are using. Accordingly, the 
specification for larger size holes in the pelvis flesh applies to 
newly manufactured parts only and does not apply to those parts already 
in existence.

III. Effective Dates

    The amendments are effective 30 days after publication of today's 
final rule. The agency is specifying such an early effective date 
because the modifications resulting from this final rule will only 
affect the drawings related to the dummy and will not affect compliance 
testing or certification.

IV. 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.'' NHTSA has analyzed this rule 
and determined that it is not ``significant'' within the meaning of the 
Department of Transportation's regulatory policies and procedures. The 
amendments do not require any vehicle design changes but instead only 
specify minor modifications in the test dummies used to evaluate a 
vehicle's compliance with Standard No. 208. The agency believes that 
the clothing and pelvis modifications will not affect the cost of new 
dummies. Therefore, the impacts of the amendments are so minimal that a 
full regulatory evaluation is not required.

Regulatory Flexibility Act

    NHTSA has considered the effects of this rulemaking action under 
the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et seq.). I hereby 
certify that the final rule will not have a significant economic impact 
on a substantial number of small entities.
    The following is NHTSA's statement providing the factual basis for 
the certification (5 U.S.C. Sec. 605(b)). The final rule primarily 
affects passenger car, light truck, and multipurpose passenger vehicle 
and dummy manufacturers. The Small Business Administration's size 
standards (13 CFR Part 121) are organized according to Standard 
Industrial Classification Codes (SIC). SIC Code 3711 ``Motor Vehicles 
and Passenger Car Bodies'' has a small business size standard of 1,000 
employees or fewer. Dummy manufacturers are classified as small 
businesses with less than 500 employees.
    This final rule applies to the previously described vehicle and 
dummy manufacturers regardless of size. NHTSA has stated that this 
final rule does not require any vehicle design changes. The final rule 
specifies minor changes in the test dummies used to evaluate a 
vehicle's compliance with Standard No. 208. The changes will not affect 
the cost of new dummies.

Paperwork Reduction Act

    NHTSA has analyzed this rule under the Paperwork Reduction Act of 
1995 (P.L. 104-13) and determined that it will not impose any 
information collection requirements as that term is

[[Page 53851]]

defined by the Office of Management and Budget (OMB) in 5 CFR part 
1320.

The National Environmental Policy Act

    NHTSA has also analyzed this rule under the National Environmental 
Policy Act and determined that it will have no significant impact on 
the human environment.

The Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Public Law 104-4) 
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. However, the incremental manufacturer costs 
for this final rule are estimated to be zero.

Executive Order 12612 (Federalism)

    The agency has analyzed this rule in accordance with the principles 
and criteria set forth in Executive Order 12612. NHTSA has determined 
that this rule will not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Civil Justice Reform

    This rule has no retroactive effect. NHTSA is not aware of any 
state law that would be preempted by this rule. This rule does not 
repeal any existing Federal law or regulation. It modifies existing law 
only to the extent that it amends the agency's specification for the 
shoes, clothing, and pelvis flesh hole diameter of the Hybrid III test 
dummy. This rule does not require submission of a petition for 
reconsideration or the initiation of other administrative proceedings 
before a party may file suit in court.

List of Subjects

49 CFR Part 571

    Motor vehicle safety, Reporting and recordkeeping requirements, 
tires.

49 CFR Part 572

    Motor vehicle safety, Incorporation by reference.
    In consideration of the foregoing, 49 CFR Parts 571 and 572 are 
amended as follows:

PART 571--[AMENDED]

    1. The authority citation for Part 571 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.

    2. Section 571.208 is amended by revising S8.1.8.2 to read as 
follows:


Sec. 571.208  Standard No. 208, Occupant crash protection.

* * * * *
    S8.1.8.2 Each test dummy is clothed in a form fitting cotton 
stretch short sleeve shirt with above-the-elbow sleeves and above-the-
knee length pants. The weight of the shirt or pants shall not exceed 
0.25 pounds each. Each foot of the test dummy is equipped with a size 
11XW shoe which meets the configuration size, sole, and heel thickness 
specifications of MIL-S 13192 change ``P'' and whose weight is 
1.250.2 pounds.
* * * * *

PART 572--[AMENDED]

    3. 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

    4. Section 572.31 is amended by revising paragraphs (a)(1), (a)(3) 
and its table, and (a)(4), and by removing and reserving paragraph (b) 
to read as follows:


Sec. 572.31  General description.

    (a) * * *
    (1) The Anthropomorphic Test Dummy Parts List, dated June 26, 1998, 
and containing 16 pages, and a Parts List Index, dated June 26, 1998, 
containing 8 pages.
* * * * *
    (3) A General Motors Drawing Package identified by GM Drawing No. 
78051-218, revision U, titled ``Hybrid III Anthropomorphic Test 
Dummy,'' dated August 30, 1998, the following component assemblies, and 
subordinate drawings:

------------------------------------------------------------------------
                   Drawing No.                            Revision
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78051-61X head assembly-complete, (May 20, 1978).  (T)
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      (F)
 June 30, 1998, 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.
78051-59 pelvic assembly-complete, dated June 30,  (G)
 1998.
78051-60 pelvic structure-molded, dated June 30,   (E)
 1998.
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    (4) Disassembly, Inspection, Assembly and Limbs Adjustment 
Procedures for the Hybrid III dummy, dated June 1998.
* * * * *
    (b) [Reserved]
* * * * *
    5. Section 572.34 is amended by revising paragraph (b) to read as 
follows:

  Sec. 572.34  Thorax.

* * * * *
    (b) When impacted by a test probe conforming to Sec. 572.36(a) at 
22 fps +/- 0.40 fps in accordance with paragraph (c) of this section, 
the thorax of a complete dummy assembly (78051-218, revision U, without 
shoes, shall resist with a force of 1242.5 pounds +/-82.5 pounds 
measured by the test probe and shall have a sternum displacement 
measured relative to spine of 2.68 inches +/-0.18 inches. The internal 
hysteresis in each impact shall be more than 69% but less than 85%. The 
force measured is the product of pendulum mass and deceleration.
* * * * *
    Issued on October 1, 1998.
Ricardo Martinez,
Administrator.
[FR Doc. 98-26795 Filed 10-6-98; 8:45 am]
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