[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Rules and Regulations]
[Pages 77336-77341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24629]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 572

[Docket No. NHTSA-2004-18075]
RIN 2127-AJ79


Anthropomorphic Test Devices; Hybrid III 6-year-old Weighted 
Child Test Dummy

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

ACTION: Final rule, response to petition for reconsideration.

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SUMMARY: This notice responds to a petition submitted by First 
Technology Safety Systems (FTSS) asking the agency to reconsider 
several aspects of a July 16, 2004 final rule that added a new subpart 
S to 49 CFR part 572. Subpart S specifies a Hybrid III 6-year-old 
weighted child test dummy. The agency is granting the petition in part 
and denying it in part.

DATES: This final rule is effective January 30, 2006. The incorporation 
by reference of certain publications listed in the regulation is 
approved by the Director of the Federal Register as of January 30, 
2006. Petitions for reconsideration must be received no later than 45 
days after the date of publication and should refer to this docket and 
the notice number of this document and be submitted to: Administrator, 
National Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC 20590

FOR FURTHER INFORMATION CONTACT:
    For technical issues: Mr. Sean Doyle, NHTSA Office of 
Crashworthiness Standards. Telephone: (202) 366-1740. Facsimile: (202) 
493-2739.
    For legal issues: Ms. Deirdre Fujita, NHTSA Office of Chief 
Counsel. Telephone: (202) 366-2992. Facsimile: (202) 366-3820.
    Both officials can be reached by mail at the National Highway 
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION: On July 16, 2004, NHTSA published a final 
rule that amended 49 CFR part 572 by adding a new subpart S describing 
a weighted version of the current Hybrid III 6-year-old child size 
(HIII-6C) dummy (69 FR 42595; NHTSA Docket 18075). The weighted dummy 
is used in Federal Motor Vehicle Safety Standard (FMVSS) No. 213 (49 
CFR 571.213) to

[[Page 77337]]

test the structural integrity of child restraints, manufactured on or 
after August 1, 2005, that are recommended for use by children weighing 
50 to 65 lb.
    FTSS petitioned for reconsideration of the following aspects of the 
final rule: the force corridor for the thorax impact certification 
test, and the average force at 45 degrees for the torso flexion 
certification test; the material specification on drawing number 167-
2020 and the weight tolerances on that drawing; and the material 
specification on drawing number 167-3010 and the weight tolerances on 
that drawing. Each of these is discussed below.
(a) The Force Corridor for the Thorax Impact Certification Test, and 
the Average Force at 45 Degrees for the Torso Flexion Certification 
Test
    FTSS provided the results for six additional thorax impact tests 
using a Hybrid III 6-Year-Old Weighted Child Test Dummy (HIII-6CW). The 
petition requested that the agency ``pool this data with the existing 
data to produce a larger sample size to calculate the average peak 
pendulum force corridor and modify the rule accordingly.'' (The data 
are provided in Table 1 of the Appendix to this document.)
    FTSS also provided an additional seventeen torso flexion response 
tests. FTSS again requested that these ``additional test data be pooled 
with the existing agency data to calculate the appropriate average 
Force at 45 degrees.''
    NHTSA is denying the first suggested amendment concerning the 
thorax impact certification test, but is granting the request to adjust 
the torso flexion test corridor.

Thorax Impact Test

    In its petition, FTSS provided the results from six additional 
thorax impact tests using a HIII-6CW. The petition requested that the 
agency ``pool this data with the existing data to produce a larger 
sample size to calculate the average peak pendulum force corridor and 
modify the rule accordingly.'' (The data are provided in Table 1 of the 
Appendix to this document.)
    NHTSA analyzed the FTSS data from the thorax impact tests and 
performed a statistical analysis with the additional data points, 
comparing it to the data set published in the final rule. It was 
observed that with these additional 6 FTSS data points, the average 
peak pendulum force would decrease by only 3.7 Newtons (N). The data 
set used in the final rule produced an average peak pendulum force of 
1,321.6 N. When combined with the FTSS data, the average peak pendulum 
force is 1,317.9 N, or a decrease of only 0.27% in the average peak 
force.
    NHTSA is denying the request to modify the peak pendulum force 
corridor. FTSS did not show how changing the average peak force by 
0.27% would have any effect on dummy performance. Furthermore, all the 
tests provided by FTSS fell comfortably within the final rule corridor 
of 1,205-1,435 N. Accordingly, the agency does not believe that the 
peak force corridor needs to be changed at this point in time.

Torso Flexion Test

    With regard to the additional torso flexion response data (see 
Table 2 of the Appendix), the FTSS data, combined with the data set 
published in the final rule, results in an average force of 95.2 N at 
45 degrees of flexion. This value is slightly higher than that of the 
value provided in the Hybrid III 6-year-old weighted child test dummy 
final rule, which provided an average force of 88.6 N at 45 degrees of 
flexion (49 CFR 572.165(b)(1)). The standard deviation of the combined 
data set would be reduced from the data set published in the final 
rule, 14.2 N compared to 15.6 N. If the new average responses were 
accepted and the same tolerance of +/-20 N were applied, then the force 
at the 45-degree corridor would change from 68.6 N-108.6 N (as 
published in the final rule) to 72.5 N-112.5 N.
    Such a change would reduce the number of samples that did not meet 
the corridor at the upper end of the limit from five failures to two 
failures out of the 29 total samples. However, making this change in 
the corridor would result in three other samples not meeting the new 
requirement at the low end of the limit (test numbers DATD-97-10, -11, 
and -12 would no longer pass the new requirement). FTSS provided data 
showing that the dummies used in their 13 tests met the requirements 
set forth in 49 CFR part 572, Subpart N (``Six-year-old child test 
dummy, beta version'') prior to adding the weights, indicating the 
overall acceptability of the dummies. After considering the available 
information, we have decided to adjust slightly the torso flexion test 
corridor from 88.6 N +/-20 N to 88.6 N +/-25 N. This slight adjustment 
in the torso flexion test corridor results in all 29 test samples being 
compliant with the torso flexion force at 45 degrees.
(b) The Material Specification on Drawing Number 167-2020 and the 
Weight Tolerances on That Drawing
    FTSS noted that NHTSA drawing number 167-2020 specifies a material, 
Tungsten Alloy CMW 2000, which is a proprietary brand name of Contacts 
Metals Welding (CMW) Inc. FTSS requested the addition of ``or 
equivalent'' to the material specification ``to allow for use of 
alternate suppliers of Tungsten Alloy.'' FTSS also noted, ``NHTSA has 
specified the weight to be 2.54 lb, but has specified no tolerance.'' 
FTSS recommended applying a weight tolerance, which is computed by 
calculating the variance of the minimum and maximum dimensions and 
using the density of the Tungsten alloy. FTSS suggested a tolerance of 
+/-0.11 lb.
    NHTSA agrees that, with regard to the recommendation to add ``or 
equivalent'' to the currently specified Tungsten Alloy GMW 2000, it is 
not preferable to specify one specific source for the raw materials 
needed to produce this item. The agency will therefore add the word 
``reference'' to the currently specified Tungsten Alloy GMW 2000 
located in the material specification section of drawing 167-2020. 
NHTSA will use the word ``reference'' rather than ``or equivalent'' to 
maintain consistency with the material specification generally used in 
NHTSA drawings.
    With regard to the recommendation to apply a weight tolerance to 
drawing 167-2020, the agency agrees that a weight tolerance is 
desirable and concurs with the approach FTSS has taken in calculating 
this tolerance. The agency confirmed FTSS's calculation and will change 
the weight note to read as follows: ``Weight: 2.54 +/-0.11 lb.''
(c) The Material Specification on Drawing Number 167-3010 and the 
Weight Tolerances on That Drawing
    FTSS stated that a proprietary material has also been specified in 
this drawing. FTSS again suggested that a generic material 
specification would be more desirable.
    In addition, FTSS noted ``NHTSA has specified the weight to be 4.88 
lbs, but has specified no tolerance.'' FTSS recommended applying a 
weight tolerance, which, similar to the approach taken above, was 
computed by calculating the variance of the minimum and maximum 
dimensions and using the density of the Tungsten alloy. FTSS suggested 
a tolerance of +/-0.17 lb.
    NHTSA agrees that a generic material specification is desirable. 
Therefore, the word ``reference'' will be added to the material 
specification in drawing number 167-3010. NHTSA further agrees that a 
weight tolerance is desirable and concurs with the approach suggested 
by the petitioner. Thus, the weight note on drawing number 167-3010 is 
changed to read: ``Weight: 4.88 +/-0.17 lb.''

[[Page 77338]]

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rule under Executive Order 
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 ``nonsignificant'' under the Department of Transportation's 
regulatory policies and procedures. The agency concludes that the 
impacts of the amendments are so minimal that preparation of a full 
regulatory evaluation is not required. The rule will not impose any new 
requirements or costs on manufacturers, but instead will slightly widen 
the torso flexion test corridor as well as make minor changes to two 
drawings of the dummy.

B. Regulatory Flexibility Act

    NHTSA has considered the impacts of this rulemaking action under 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I certify that 
the amendment will not have a significant economic impact on a 
substantial number of small entities. The rule will not impose any new 
requirements or costs on manufacturers.

C. Paperwork Reduction Act

    This document does not establish any new information collection 
requirements.

D. National Environmental Policy Act

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

E. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking action 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 rule will have 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.

F. Civil Justice Reform

    This rule does not have any retroactive effect. Under section 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. Section 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. 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 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 agency searched for, but did not find any 
voluntary consensus standards relevant to this response to FTSS's 
petition for reconsideration.

H. Unfunded Mandates Reform Act

    This final rule will not impose any unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. This rule will not result in 
costs of $100 million or more to either State, local, or tribal 
governments, in the aggregate, or to the private sector. Thus, this 
rule is not subject to the requirements of sections 202 and 205 of the 
UMRA.

I. Privacy Act Statement

    Anyone is able to search the electronic form of all comments or 
petitions received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, 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 (Volume 65, Number 70; Pages 19477-78) or 
you may visit http://dms.dot.gov.

List of Subjects in 49 CFR Part 572

    Motor vehicle safety, Incorporation by reference.

0
In consideration of the foregoing, NHTSA amends 49 CFR part 572 as 
follows:

PART 572--ANTHROPOMORPHIC TEST DUMMIES

0
1. The authority citation for part 572 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; 
delegation of authority at 49 CFR 1.50.


0
2. Section 572.160 is amended by revising paragraphs (a)(1)(iii) and 
(v) to read as follows:

Subpart S--Hybrid III Six-Year-Old Weighted Child Test Dummy

* * * * *


Sec.  572.160  Incorporation by reference.

    * * *
    (iii) Drawing No. 167-2020 Revision A, dated December 8, 2005, 
Spine Box Weight, incorporated by reference in Sec. Sec.  572.161 and 
572.165 as part of a complete dummy assembly;
    * * *
    (v) Drawing No. 167-3010 Revision A, dated December 8, 2005, Lumbar 
Weight Base, incorporated by reference in Sec. Sec.  572.161 and 
572.165 as part of a complete dummy assembly; and
* * * * *

0
3. Section 572.161 is amended in paragraph (a) by revising Table A to 
read as follows:


Sec.  572.161  General description.

* * * * *

                                 Table A
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          Component assembly \1\                     Drawing No.
------------------------------------------------------------------------
Complete assembly.........................  167-0000.
Upper torso assembly......................  167-2000.
Spine box weight..........................  167-2020 Rev. A.
Lower torso assembly......................  167-3000.
Lumbar weight base........................  167-3010 Rev. A.
------------------------------------------------------------------------
\1\ Head, neck, arm, and leg assemblies are as specified in 49 CFR 572
  subpart N.

* * * * *

0
4. Section 572.165 is amended by revising paragraphs (a) and (b)(1) to 
read as follows:


Sec.  572.165  Upper and lower torso assemblies and torso flexion test 
procedure.

    (a) Upper/lower torso assembly. The test objective is to determine 
the stiffness effects of the lumbar spine (specified in 49 CFR 
572.125(a)),

[[Page 77339]]

including cable (specified in 49 CFR 572.125(a)), mounting plate insert 
(specified in 49 CFR 572.125(a)), nylon shoulder bushing (specified in 
49 CFR 572.125(a)), nut (specified in 49 CFR 572.125(a)), spine box 
weighting plates (drawing 167-2020 Revision A), lumbar base weight 
(drawing 167-3010 Revision A), and abdominal insert (specified in 49 
CFR 572.125(a)), on resistance to articulation between the upper torso 
assembly (drawing 167-2000) and the lower torso assembly (drawing 167-
3000). Drawing Nos. 167-2000, 167-2020 Revision A, 167-3000, and 167-
3010 Revision A, are incorporated by reference, see Sec.  572.160.
    (b)(1) When the upper torso assembly of a seated dummy is subjected 
to a force continuously applied at the head to neck pivot pin level 
through a rigidly attached adaptor bracket as shown in Figure S2 
according to the test procedure set out in 49 CFR 572.125(c), the 
lumbar spine-abdomen assembly must flex by an amount that permits the 
upper torso assembly to translate in angular motion until the machined 
surface of the instrument cavity at the back of the thoracic spine box 
is at 45  0.5 degrees relative to the transverse plane, at 
which time the force applied as shown in Figure S2 must be within 88.6 
N  25 N (20.0 lbf  5.6 lbf), and
* * * * *

    Issued on: December 22, 2005.
Jacqueline Glassman,
Deputy Administrator.


    Note: The following appendix will not appear in the Code of 
Federal Regulations.

Appendix

BILLING CODE 4950-59-P

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[FR Doc. 05-24629 Filed 12-29-05; 8:45 am]
BILLING CODE 4910-59-C