[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Rules and Regulations]
[Pages 17604-17605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7909]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2009-0093]
RIN 2127-AG51


Federal Motor Vehicle Safety Standards; Roof Crush Resistance

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

ACTION: Final rule; correcting amendment.

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SUMMARY: In May 2009 we published a final rule that upgraded the 
agency's safety standard on roof crush resistance. In this document, we 
correct two errors in that rule. We also identify errors in the 
preamble to that rule.

DATES: This rule is effective May 7, 2010.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call 
Christopher J. Wiacek, NHTSA Office of Crashworthiness Standards, 
telephone 202-366-4801. For legal issues, you may call J. Edward 
Glancy, NHTSA Office of Chief Counsel, telephone 202-366-2992. You may 
send mail to these officials at the National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue, SE., West Building, Washington, 
DC 20590.

[[Page 17605]]


SUPPLEMENTARY INFORMATION: On May 12, 2009, as part of a comprehensive 
plan for reducing the serious risk of rollover crashes and the risk of 
death and serious injury in those crashes, NHTSA published in the 
Federal Register (74 FR 22348) \1\ a final rule substantially upgrading 
Federal Motor Vehicle Safety Standard (FMVSS) No. 216, Roof Crush 
Resistance. The upgraded standard is designated FMVSS No. 216a.
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    \1\ Docket No. NHTSA-2009-0093.
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    In this document, we correct two errors in that rule. We also 
identify errors in the preamble to that rule.
    We note that we are also publishing two separate documents related 
to the May 2009 final rule. One is a fuller response to comments 
submitted by the National Truck Equipment Association on our proposal 
to upgrade FMVSS No. 216. The other is a response to petitions for 
reconsideration of the May 2009 final rule.

Correcting Amendments

    One of the correcting amendments incorporates a provision that was 
discussed in the preamble but inadvertently omitted from the regulatory 
text. As explained in the preamble, the agency decided to exclude a 
narrow category of multi-stage vehicles from FMVSS No. 216, multi-stage 
trucks with a GVWR greater than 2,722 kilograms (6,000 pounds) not 
built using a chassis cab or using an incomplete vehicle with a full 
exterior van body. We included a specific discussion concerning 
incomplete vehicles with a full exterior van body in the preamble,\2\ 
but the regulatory text inadvertently omitted the reference to 
incomplete vehicles with a full exterior van body. We are correcting 
FMVSS No. 216a by adding that phrase at S3.1(a)(4).
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    \2\ 74 FR at 22373.
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    The other correcting amendment corrects a cross-reference to the 
seat positioning procedure for the 50th percentile male dummy of FMVSS 
No. 214 Side Impact Protection. The reference is included in the 
introductory text of S7.2 of FMVSS No. 216a. As corrected, S7.2 
specifically cross-references the seat positioning procedure for the 
50th percentile male ES-2re dummy in S8.3.1 of FMVSS No. 214.

Errors in Preamble

    Safety Analysis & Forensic Engineering, LLC (SAFE) brought to our 
attention errors in the preamble that incorrectly attributed to it the 
comments of another organization, Safety Analysis, Inc. Both of these 
organizations submitted comments.
    The errors were included in a section of the preamble titled ``Roof 
Crush as a Cause of Injury'' beginning at 74 FR 22378, and in the 
immediately following section titled ``Agency Response'' at 74 FR 
22379. Each of the references to SAFE in these sections should have 
been attributed to Safety Analysis, Inc. SAFE noted that there is no 
affiliation between SAFE and Safety Analysis, Inc. and also stated the 
most of the positions taken by SAFE in its comments are diametrically 
opposed to the positions taken by Safety Analysis, Inc. We apologize 
for these errors.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, and Tires.

0
Accordingly, 49 CFR part 571 is corrected by making the following 
correcting amendments:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
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.


0
2. Section 571.216a is amended by revising S3.1(a)(4) and S7.2 
introductory text to read as follows:


Sec.  571.216a  Standard No. 216a; Roof crush resistance; Upgraded 
standard.

* * * * *
    S3.1 Application.
    (a) * * *
    (4) Trucks built in two or more stages with a GVWR greater than 
2,722 kilograms (6,000 pounds) not built using a chassis cab or using 
an incomplete vehicle with a full exterior van body.
* * * * *
    S7.2 Adjust the seats in accordance with S8.3.1 of 49 CFR 571.214. 
Position the top center of the head form specified in S5.2 of 49 CFR 
571.201 at the location of the top center of the Head Restraint 
Measurement Device (HRMD) specified in 49 CFR 571.202a, in the front 
outboard designated seating position on the side of the vehicle being 
tested as follows:
* * * * *

    Issued on: April 2, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-7909 Filed 4-6-10; 8:45 am]
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