[Federal Register Volume 66, Number 197 (Thursday, October 11, 2001)]
[Rules and Regulations]
[Pages 51880-51883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25427]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 572

[Docket No. NHTSA-2000-8057]
RIN 2127-AH87


Anthropomorphic Test Dummy; Occupant Crash Protection

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Final rule.

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SUMMARY: This document amends the neck lateral calibration 
specifications for the SID/HIII dummy. This dummy is employed in side 
impact pole tests which assess the effectiveness of dynamically-
deployed head impact protection systems. In these tests, the subject 
vehicle is towed sideways into a pole in such a way that the center of 
gravity of the head of a seated SID/HIII dummy is aligned with the 
pole. Data collected from these tests are used to evaluate the 
performance of dynamically-deployed head impact protection systems.
    This final rule responds to a petition for rulemaking filed by the 
Alliance of Automobile Manufacturers. That petition indicated that the 
neck lateral bending calibration corridor then specified for the SID/
HIII dummy was defined incorrectly. After reviewing the petition, other 
data and comments submitted in response to the agency's prior notice of 
proposed rulemaking, the agency is revising the neck corridor 
specifications.

DATES: The amendment is effective on December 10, 2001.
    Petitions for reconsideration of the final rule must be received by 
November 26, 2001.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number and notice number of the notice and be submitted to: 
Administrator, room 5220, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call 
Stan Backaitis, Office of Crashworthiness Standards at 202-366-4912.
    For legal issues, you may call Otto Matheke, Office of the Chief 
Counsel, at 202-366-2992.
    You may send mail to both of these officials at National Highway 
Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION:   

A. Background

    Federal Motor Vehicle Safety Standard (FMVSS) No. 201, Head Impact 
Protection, provides a number of alternative performance requirements 
for manufacturers of vehicles with dynamically deployed interior head 
protection systems. One of these alternatives uses a test in which a 
vehicle is propelled sideways at a speed of 29 km/h (18 mph) into a 254 
mm (10 inch) diameter rigid pole. A Part 572 Subpart M anthropomorphic 
test dummy is placed in the outboard front seat on the struck side of 
the vehicle.
    The specifications for the Subpart M dummy, known as SID/HIII, were 
established by a final rule published in the Federal Register on August 
4, 1998 (63 FR 41466). The SID/HIII is based on two other dummies: (1) 
the Part 572, Subpart F anthropomorphic test device (Side Impact Dummy 
or SID) that is used in testing under FMVSS 214, Side Impact 
Protection, and (2) the Part 572, Subpart E anthropomorphic test device 
(Hybrid III or HIII) that is used in testing under FMVSS 208, Occupant 
Crash Protection. The SID/HIII combines the head and neck of the Hybrid 
III with the torso and lower extremities of the Side Impact Dummy 
through the use of a redesigned neck to torso adapter bracket.
    As the performance of the dummy is critical in any test, the 
specifications for the SID/HIII include calibration tests used to 
validate the characteristics of the individual device. One of these 
tests is the neck lateral bending corridor. It establishes maximum and 
minimum values for the dummy neck that it must meet when subjected to a 
calibration test in lateral impact direction.

B. Petition for Rulemaking

    On July 28, 1999, the Alliance of Automobile Manufacturers 
(Alliance) submitted a Petition for Technical Correction indicating 
that the specified lateral impact neck corridor for the SID/HIII dummy 
does not reflect the neck stiffness of the Hybrid III dummy as 
originally specified by the SAE Side Impact Dummy Task Force (SIDTF) in 
the minutes of the Task Force meeting of April 15, 1989. According to 
the Alliance, subsequent to the April 15, 1989 meeting, the SIDTF made 
a transcription error when it drew up lateral calibration 
specifications for the Hybrid III neck. The Alliance stated that the 
erroneous calibration specifications were carried forward and 
incorporated by the SAE in the BioSID user manual in 1989. As the 
BioSid neck and the Hybrid III neck are identical in design but not in 
performance specifications, and the BioSid user manual was the only 
publication available to the public containing the lateral neck 
calibration values, the erroneous values were used by NHTSA in 
rulemaking for the SID/HIII dummy.
    The agency proposed the SID/HIII dummy on December 8, 1997 and 
added it to Part 572 as Subpart M on August 4, 1998. As added to Part 
572, the SID/HIII dummy incorporated the erroneous neck specifications 
that were contained in the BioSID user manual. As a result of this 
error, the lateral calibration corridor specified a neck that was 
stiffer in bending in the lateral direction than in the flexion and 
extension directions. Existing biomechanical data indicate that the 
human neck is not stiffer in the lateral direction, but actually has 
similar bending stiffness in both directions.

[[Page 51881]]

    The Alliance petition of July 28, 1999, based on recommendations 
from the SAE Dummy Test and Equipment Subcommittee (DTES), suggested 
that the lateral neck calibration corridor be revised so the allowable 
neck bending stiffness moment for the SID/HIII in the lateral direction 
would be limited to a range between 73 N-m (54 ft-lbs) and 97 N-m (72 
ft-lbs).
    After receiving the Alliance petition, the agency reviewed the data 
and methodology used by that organization to determine the adequacy of 
the recommended change to the lateral neck calibration corridor. 
NHTSA's analysis of the corridor suggested by the Alliance, revealed 
inconsistencies between the Alliance proposed corridor and the corridor 
specifications recommended by the DTES after the DTES discovered and 
revised the earlier error. The agency found that the corridor suggested 
by the Alliance was broader than could be justified by biomechanical 
data and would likely result in necks that would be too stiff as well 
as have a wide degree of variability. Following discussions between 
agency representatives and the Alliance regarding these problems, the 
Alliance submitted a letter to the agency on January 12, 2000, 
indicating that it wished to revise its petition of July 28, 1999, and 
substitute new corridor specifications. The specifications suggested by 
the Alliance on January 12, 2000, along with the current specifications 
for the SID/HIII are presented below:

------------------------------------------------------------------------
                                                  Current      Alliance
                                                  SID/HIII    suggestion
------------------------------------------------------------------------
Maximum rotation (degrees)....................        64-78        66-82
Decay time from max rotation to 0 (ms)........        50-70        58-67
Time between max moment and max rotation (ms).         0-20         2-15
Max moment at occipital condyles (N-m)........       88-108        73-88
Decay time from max moment to 0 (ms)..........        40-60        49-63
------------------------------------------------------------------------

C. Notice of Proposed Rulemaking

    After consideration of the Alliance petition and the revised 
specifications suggested by the Alliance on January 12, 2000, the 
agency issued a notice of proposed rulemaking (NPRM) that was published 
in the Federal Register on November 29, 2000 (65 FR 71081). In that 
notice, NHTSA proposed amending the lateral neck calibration corridor 
for the SID/HIII dummy.
    NHTSA's proposal was based on the review of the calibration data 
submitted by the Alliance and the agency's own calibration tests on a 
number of Hybrid III necks. NHTSA's own test program indicated that 
many of the specifications submitted by the Alliance on January 12, 
2000, were valid. The agency's testing also indicated that the upper 
limits for the time between maximum moment and maximum rotation and the 
decay time from max rotation to zero rotation suggested by the Alliance 
should be increased by 1 ms from 15 ms to 16 ms and from 63 to 64 ms, 
respectively. NHTSA proposed that the neck lateral calibration corridor 
for the SID/HIII dummy be amended to specify the following values:

------------------------------------------------------------------------
                                                                NHTSA
                                                               proposal
------------------------------------------------------------------------
Maximum rotation (degrees).................................        66-82
Decay time from max rotation to 0 (ms).....................        58-67
Time between max moment and max rotation (ms)..............         2-16
Max moment at occipital condyles (N-m).....................        73-88
Decay time from max moment to 0(ms)........................        49-64
------------------------------------------------------------------------

D. Comments Received in Response to the NPRM

    Those submitting comments in response to the NPRM supported the 
proposed change in the neck calibration corridor. The agency received 
comments from the original petitioner, the Alliance, and one 
manufacturer, General Motors (GM). The Alliance simply indicated that 
it supported the proposed change. GM also indicated that it supported 
the proposal.

E. Final Rule

    NHTSA is adopting the neck calibration corridor proposed in the 
November 29, 2000 NPRM. The agency notes that the comments submitted in 
response to the NPRM indicate support for adopting the proposal without 
any further modification. NHTSA has also concluded that the neck 
calibration corridor values proposed in the NPRM are the appropriate 
values and therefore adopts them without further change.

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document was not reviewed by 
the Office of Management and Budget under E.O. 12866, ``Regulatory 
Planning and Review.'' The rulemaking action has been determined not to 
be significant under the Department's regulatory policies and 
procedures.
    This document amends 49 CFR part 572 by modifying previous 
specifications for calibrating the dummy's neck to ensure that accurate 
and reliable data are generated in testing. The final rule affects only 
those businesses that choose to manufacture or test with the dummy. It 
does not impose any requirements on anyone.
    We believe that the economic impacts of this final rule are limited 
to the costs of recalibrating and perhaps modifying existing dummy 
necks. We estimate that these one-time costs are limited to less than 
$100 per dummy.
    Because the economic impacts of this proposal are so minimal, a 
full regulatory evaluation is not warranted.

B. Regulatory Flexibility Act

    NHTSA has considered the effects of this rulemaking action under 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) I hereby certify 
that the final rule does not have a significant economic impact on a 
substantial

[[Page 51882]]

number of small entities. This final rule modifies existing 
specifications for a dummy test device used by manufacturers if they 
decide to employ an optional test procedure under Standard 201. As 
noted above, the one-time costs associated with the changes to the neck 
lateral calibration corridor are minimal. Further, this rule primarily 
affects passenger car and light truck manufacturers which are not small 
entities under 5 U.S.C. 605(b). The Small Business Administration's 
regulations at 13 CFR part 121 define a small business, in part, as a 
business entity ``which operates primarily within the United States.'' 
(13 CFR 121.105(a)). The agency estimates that there are at most five 
small manufacturers of passenger cars in the U.S. and no small 
manufacturers of light trucks, producing a combined total of at most 
500 cars each year. These small manufacturers, if they choose to 
perform the optional side impact pole test that employs this particular 
test device, will have to use the neck lateral calibration corridor 
when validating the dummy for use in testing. As noted above, the 
agency believes that any costs associated with the use of the 
calibration corridor are minimal. Further, most small entities do not 
perform full scale crash tests themselves, but instead rely on vehicle 
manufacturers or test laboratories to perform such tests. Both 
manufacturers and test laboratories are likely to have recalibrated 
dummy necks readily available at no increased cost when performing 
testing for small manufacturers.
    For these reasons, NHTSA believes that this final rule does not 
have a significant impact on any small business.

C. National Environmental Policy Act

    NHTSA has analyzed this final rule for the purposes of the National 
Environmental Policy Act and determined that it does not have any 
significant impact on the quality of the human environment.

D. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined that it 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 has no 
substantial effects on the States, or on the current Federal-State 
relationship, or on the current distribution of power and 
responsibilities among the various local officials.

E. Unfunded Mandates 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). This final rule does 
not meet the definition of a Federal mandate because it does not impose 
requirements on anyone. In addition, annual expenditures will not 
exceed the $100 million threshold.

F. Executive Order 12778 (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.

G. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated 
with this final rule.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) 
directs us to use voluntary consensus standards in its regulatory 
activities unless doing so would be inconsistent with applicable law or 
otherwise impractical. 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.
    The neck lateral calibration corridor that is the subject of this 
document was developed under the auspices of the SAE Dummy Test and 
Equipment Subcommittee. The following voluntary consensus standards 
have been used in developing the neck lateral calibration corridor: SAE 
J211 Recommended Practice for Crash Tests Instrumentation, SAE J1460 
Human Mechanical Response Characteristics, and ISO/TR 9790-2--Road 
Vehicles--Anthropomorphic Side Impact Dummy--Part 2: Lateral Neck 
Impact Response Requirements to Assess Biofidelity of Dummy.

I. Executive Order 13045

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under E.O. 12866, and (2) concerns an environmental, health or 
safety risk that NHTSA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by us.
    This final rule is not subject to the Executive Order because it is 
not economically significant as defined in E.O. 12866, and does not 
have a disproportionate effect on children. The final rule changes the 
calibration values for a test dummy neck. Other than ensuring that the 
test dummy more accurately replicates the adult human neck in side 
impacts, the final rule has no impact on children.

List of Subjects in 49 CFR Part 572

    Motor vehicle safety.

    In consideration of the foregoing, NHTSA amends 49 CFR Part 572 as 
follows:

PART 572--ANTHROPOMORPHIC TEST DUMMIES

    1. The authority citation for Part 572 continues to read as 
follows:

    Authority: 49 U.S.C. 332, 30111, 30115, 30117; and 30166 
delegation of authority at 49 CFR 1.50.

    2. Sections 572.113(b)(2) (b)(3) and (b)(4) are revised to read as 
follows:
* * * * *

[[Page 51883]]

Sec. 572.113  Neck assembly.

* * * * *
    (b) * * *
    (2) The maximum rotation of the midsagittal plane of the head shall 
be 66 to 82 degrees with respect to the pendulum's longitudinal 
centerline. The decaying head rotation vs. time curve shall cross the 
zero angle between 58 to 67 ms after reaching its peak value.
    (3) The moment about the x-axis which coincides with the 
midsagittal plane of the head at the level of the occipital condyles 
shall have a maximum value between 73 and 88 Nm. The decaying moment 
vs. time curve shall first cross zero moment between 49 and 64 ms after 
reaching its peak value. The following formula is to be used to 
calculate the moment about the occipital condyles when using the six-
axis neck transducer:

M = Mx + 0.01778 Fy

Where Mx and Fy are the moment and force measured by the transducer 
and expressed in terms of Nm and N, respectively.

    (4) The maximum rotation of the head with respect to the pendulum's 
longitudinal centerline shall occur between 2 and 16 ms after peak 
moment.
* * * * *

    Issued on October 4, 2001.
L. Robert Shelton,
Executive Director.
[FR Doc. 01-25427 Filed 10-10-01; 8:45 am]
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