[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31860-31866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13413]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 572

[Docket No. NHTSA-2010-0146]
RIN 2127-AK64


Anthropomorphic Test Devices; Hybrid III Test Dummy, ES-2re Side 
Impact Crash Test Dummy

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

ACTION: Final rule.

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SUMMARY: This document corrects or makes minor changes to some of the 
drawings incorporated by reference into NHTSA regulations by a final 
rule published on June 16, 2008, concerning a 50th percentile adult 
male side crash test dummy called the ``ES-2re'' test dummy. The 
corrections and adjustments to the drawings respond to requests from 
test dummy manufacturers First Technology Safety Systems (FTSS) and 
Denton ATD (Denton). This final rule also corrects dimensional errors 
in a figure which depicts the pendulum used in the neck qualification 
tests of several of the crash test dummies, including the Hybrid III 
and ES-2re test dummies.

DATES: The effective date of this final rule is November 29, 2011. The 
incorporation by reference of certain publications listed in the 
regulations is approved by the Director of the Federal Register as of 
November 29, 2011.
    Petitions for reconsideration: Petitions for reconsideration of 
this final rule must be received not later than July 18, 2011.

ADDRESSES: Petitions for reconsideration of this final rule must refer 
to the docket and notice number set forth above and be submitted to the 
Administrator, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. (A copy of the petition will 
be placed in the docket.)
    Privacy Act: Anyone is able to search the electronic form of all 
submissions 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.). A copy of 
the petition will be placed in the docket. 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).

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call 
Peter Martin, NHTSA Office of Crashworthiness Standards (telephone 202-
366-5668) (fax 202-493-2990). For legal issues, you may call Deirdre 
Fujita, NHTSA Office of Chief Counsel (telephone 202-366-2992) (fax 
202-366-3820). The mailing address for these officials is the National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    NHTSA published a final rule on June 16, 2008 (73 FR 33903, Docket 
No. NHTSA-08-0111) that responded to various petitions for 
reconsideration of a previous final rule \1\ incorporating a mid-size 
adult male crash test dummy, called the ``ES-2re'' test dummy, into 49 
CFR part 572, Subpart U. The ES-2re is used in an upgraded Federal 
Motor Vehicle Safety Standard No. 214, ``Side impact protection,'' and 
in the agency's New Car Assessment Program. The June 16, 2008 final 
rule incorporated by reference a drawing package, parts list, and 
user's manual, all dated February 2008.
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    \1\ That final rule adopting the ES-2re into 49 CFR part 572 was 
published December 14, 2006 (71 FR 75303, Docket No. NHTSA-04-
25441).
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    After publication of the June 16, 2008 final rule, NHTSA received 
requests from dummy manufacturers FTSS and Denton to correct errors in 
or make minor changes to the ES-2re drawing package. Many of these 
requested changes were wholly corrective, while others, although minor, 
were more substantive and notice of such changes appeared beneficial. 
Rather than respond to the requested changes piecemeal, the agency 
decided to address all the requested changes in a rulemaking proceeding 
that commenced with a notice of proposed rulemaking (NPRM) published 
February 5, 2010 (75 FR 5931; Docket No. NHTSA-2009-0194).
    The February 5, 2010 NPRM provided a detailed discussion of the 
proposed changes to the ES-2re drawing package and parts list. In 
addition, the NPRM proposed to clarify the inclusion of load sensors 
and to correct dimensional errors in Figure 22 of 49 CFR part 572, 
which is a figure illustrating the pendulum used in the neck 
qualification test for the ES-2re and other adult crash test dummies 
(e.g., the Hybrid III 50th percentile adult male).
    NHTSA received no comments on the NPRM. We are adopting the changes 
proposed in the NPRM for the reasons discussed in that document.

II. Changes in Response to FTSS

    NHTSA is making the following changes to the drawing package and 
parts list for the ES-2re dummy in response to FTSS. In the NPRM, NHTSA 
provided a detailed discussion of the changes requested by FTSS and our 
rationale underlying our tentative decision to grant or deny each 
request. In this final rule, the agency is adopting these amendments 
for the reasons discussed in the NPRM.
    1. Drawing 175-1011, Top Plate UNLC Blank. NHTSA is removing the 
[Oslash] symbol from the dimensions M[Oslash]5.0, M[Oslash]6.0, 
M[Oslash]6, and M[Oslash]2.5.
    2. Drawing 175-3502, Pivot Stop Plate, Left. Note 4 is 
fixed by replacing RH with LH.
    3. Drawing 175-6006, Pubic Symphysis Structural Replacement. The 
Part Mark located at the center of the part is removed from the 
drawing.
    4. Drawing 175-6012, Hip Pivot Pin. Dimension ``16.994 +0.000/- 
0.011'' is changed to ``16.990 +0.000/-0.011.''
    5. Drawing 175-6010, Iliac Wing Assembly, Left. Drawing dimension 
``17.0556'' is changed to (17), a reference dimension. Dimension 
``R0.5'' is added. Dimension ``[Oslash]20.03  0.05'' is 
changed to ``[Oslash]20.05  0.05.'' The material reference 
block is amended to specify the material to be ``PU Resin'' 
(polyurethane).
    6. Drawing 175-6063, Femur Bearing Plate, Left. The ``48.3000 
 0.0001'' dimension is changed to ``48.3.'' The 17.5000 
dimension for hole depth in zone C-2 is changed to (17.5) to indicate a 
reference. Zone D-1 is amended by eliminating an extra ``R'' in the 
R23.5 dimension.
    7. Drawing 175-6068, Femur Bearing Plate, Right. We are removing 
the

[[Page 31861]]

parenthesis from around dimension ``(48.3).''
    8. Drawing 175-6002, Iliac Wing Assembly, Right. We are changing 
drawing dimension ``[Oslash]20.03'' to ``[Oslash]20.05  
0.05.'' We also add dimension ``R0.5.''
    9. Drawing 175-2003, Plate, Neck Head & Torso Interface. Section C-
C of the drawing showing the thickness of the Helicoil is changed to M6 
x 1 x 4.5. Item 1 on the parts list is changed to part number 5000729 
Helicoil M6 x 1 x 4.5. We also add dimension ``4X R3.2 to the Surface'' 
on Detail Z.
    10. Drawing 175-3011, CAM Buffer Pad. Drawing dimensions 
[Oslash]5.0, 90.0, 5.0, and 21.2  0.2 are replaced with 
dimensions [Oslash]5, 90, 5, and 21.2  0.3, respectively.
    11. Drawing 175-7058, Friction Plate Retaining Stud. The Datum A 
tolerance of 0.0003 is changed to 0.003.
    12. Drawing 175-7085-1, Knee Flesh, Left. The drawing is amended to 
add a definition for ``A'' to match drawing 175-7085-2, which specifies 
that ``A = 1\3/4\.''
    13. Drawing 175-7090-1, Thigh Molded, Left. Drawing dimensions (2x 
[Oslash][Oslash]24) is changed to (2x [Oslash]24) and (2x [Oslash]14) 
is changed to (2x14).
    14. Drawing 175-9013, Bearing. Revision record B is corrected to 
read ``ADDED REF. TO MATERIAL SPECIFICATION.''
    15. Drawing 175-9014, Pin Machined. Revision indicator for revision 
``B'' (REV B) is added next to the material reference.
    16. Drawing SA572-571-1, Lower Neck Load Cell Assembly. The 
specification for load cell weight is made a reference. The drawing is 
also amended to indicate that the reference weight specification 
applies to item 1 (the lower neck load cell) only, and not the entire 
assembly.

III. Changes in Response to Denton

    NHTSA is making the following changes to the drawing package and 
parts list for the ES-2re dummy in response to Denton. The changes and 
reasons underlying these changes are fully discussed in the NPRM.
    1. Drawing No. 175-1001, Skull Machined. The distance between the 
upper 2 holes is changed from 71.2 mm apart to 71.1 mm apart.
    2. Drawing No. 175-4006, Rib Rail Assembly. We are amending the 
drawing to add an option to the drawing that allows use of a button 
head cap screw (BHCS) BHCS M3 x .5 x 8.
    3. Drawing No. 175-4012, V-rail. The drawing is changed such that 
the tapped holes are specified as optional.

IV. Corrections to Figure 22

    This final rule corrects several dimensional values in Figure 22, 
``Pendulum Specifications,'' of 49 CFR part 572. This pendulum is used 
in neck qualification tests for the ES-2re as well as other adult crash 
test dummies, including the Hybrid III 50th percentile male and 5th 
percentile female frontal crash test dummies, the SID-IIsD 5th 
percentile female side impact dummy, and the SID and SID/HIII side 
impact crash test dummies. The dimensional corrections are listed below 
and shown in Figure 1 of this preamble, below:
     The 8.28 millimeter (mm) (32.6 inch (in)) dimension is 
changed to 828 mm (32.6 in);
     The 4.8 mm (188 in) dimension is changed to 4.8 mm (0.188 
in);
     The 198.6 mm (7.75 in) dimension is changed to 196.8 mm 
(7.75 in).
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V. Rulemaking Analyses and Notices

Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563, and DOT Regulatory Policies and Procedures

    This rulemaking action is not considered a significant regulatory 
action under E.O. 12866, E.O. 13563, or DOT's regulatory policies and 
procedures (44 FR 11034, February 26, 1979). This rule only corrects or 
makes slight changes to some of the drawings of the ES-2re test dummy 
and to the pendulum used in the neck qualification tests. These changes 
will not affect the cost of any of the part 572 test dummies. Because 
the economic impacts of this final rule are so minimal, no further 
regulatory evaluation is necessary.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a proposed 
or final rule, it must prepare and make available for public comment a 
regulatory flexibility analysis that describes the effect of the rule 
on small entities (i.e., small businesses, small organizations, and 
small governmental jurisdictions), unless the head of the agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. The Small Business 
Administration's regulations at 13 CFR part 121 define a small 
business,

[[Page 31863]]

in part, as a business entity ``which operates primarily within the 
United States.'' (13 CFR 121.105(a)).
    We have considered the effects of this rulemaking under the 
Regulatory Flexibility Act. I hereby certify that the rulemaking action 
will not have a significant economic impact on a substantial number of 
small entities. This action will not have a significant economic impact 
on a substantial number of small entities because correcting or making 
minor changes to the drawings and the specification for the pendulum 
does not impose any requirements on anyone. NHTSA does not require 
anyone to manufacture or use the test dummies.

National Environmental Policy Act

    NHTSA has analyzed this final rule 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.

Executive Order 13132 (Federalism)

    NHTSA has examined today's final rule pursuant to Executive Order 
13132 (64 FR 43255, August 10, 1999) and concluded that no additional 
consultation with States, local governments or their representatives is 
mandated beyond the rulemaking process. The agency has concluded that 
the final rule does not have federalism implications because the rule 
does not have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This rule will not impose any requirements on anyone. 
Businesses will be affected only if they choose to manufacture or test 
with the dummy.
    Further, no consultation is needed to discuss the preemptive effect 
of today's final rule. NHTSA's safety standards can have preemptive 
effect in two ways. This final rule amends 49 CFR part 572 and is not a 
safety standard.\2\ This part 572 final rule does not impose any 
requirements on anyone.
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    \2\ With respect to the safety standards, the National Traffic 
and Motor Vehicle Safety Act contains an express preemptive 
provision: ``When a motor vehicle safety standard is in effect under 
this chapter, a State or a political subdivision of a State may 
prescribe or continue in effect a standard applicable to the same 
aspect of performance of a motor vehicle or motor vehicle equipment 
only if the standard is identical to the standard prescribed under 
this chapter.'' 49 U.S.C. 30103(b)(1). Second, the Supreme Court has 
recognized the possibility of implied preemption: State requirements 
imposed on motor vehicle manufacturers, including sanctions imposed 
by State tort law, can stand as an obstacle to the accomplishment 
and execution of a NHTSA safety standard. When such a conflict 
exists, the Supremacy Clause of the Constitution makes the State 
requirements unenforceable. See Geier v. American Honda Motor Co., 
529 U.S. 861 (2000).
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Civil Justice Reform

    With respect to the review of the promulgation of a new regulation, 
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR 
4729, February 7, 1996) requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect; (2) clearly specifies the effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct, while promoting simplification and burden reduction; 
(4) clearly specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. This document is consistent with that requirement.
    Pursuant to this Order, NHTSA notes as follows.
    The issue of preemption is discussed above in connection with E.O. 
13132. NHTSA notes further that there is no requirement that 
individuals submit a petition for reconsideration or pursue other 
administrative proceeding before they may file suit in court.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required 
to respond to a collection of information by a Federal agency unless 
the collection displays a valid control number from the Office of 
Management and Budget (OMB). This rule will not have any requirements 
that are considered to be information collection requirements as 
defined by the OMB in 5 CFR part 1320.

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 NHTSA 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. The NTTAA directs NHTSA to 
provide Congress, through OMB, explanations when the agency decides not 
to use available and applicable voluntary consensus standards. There 
are no voluntary consensus standards relevant to this final rule.

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA), 
Public Law 104-4, requires Federal 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). Before promulgating a NHTSA rule 
for which a written statement is needed, section 205 of the UMRA 
generally requires the agency to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objectives of the rule.
    This final rule does not impose any unfunded mandates under the 
UMRA. This rule does not meet the definition of a Federal mandate 
because it does not impose requirements on anyone. It amends 49 CFR 
part 572 by correcting or making minor changes to some of the drawings 
for a test dummy that the agency uses and for a pendulum used to 
calibrate test dummies. This rule affects only those businesses that 
choose to manufacture or test with the dummy, and being corrective in 
nature, only affects them in a small way. It does not result in costs 
of $100 million or more to either State, local, or Tribal governments, 
in the aggregate, or to the private sector.

Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Application of the principles of plain language 
includes consideration of the following questions:

--Has the agency organized the material to suit the public's needs?
--Are the requirements in the rule clearly stated?
--Does the rule contain technical language or jargon that is not clear?
--Would a different format (grouping and order of sections, use of 
headings, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could the agency improve clarity by adding tables, lists, or 
diagrams?

[[Page 31864]]

--What else could the agency do to make this rulemaking easier to 
understand?

    If you have any responses to these questions, please send them to 
NHTSA.

Regulation Identifier Number

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

List of Subjects in 49 CFR Part 572

    Motor vehicle safety, Incorporation by reference.

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

PART 572--ANTHROPOMORPHIC TEST DEVICES

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.

Subpart E--Hybrid III Test Dummy

0
2. In Sec.  572.33(c)(3), Figure 22 is revised to read as follows:


Sec.  572.33  Neck.

* * * * *
    (c) * * *
    (3) * * *
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* * * * *

Subpart U--ES-2re Side Impact Crash Test Dummy, 50th Percentile 
Adult Male

0
3. Section 572.180 is amended by revising paragraphs (a)(1)and (a)(2), 
and paragraph (c)(1), to read as follows:


Sec.  572.180  Incorporated materials.

    (a) * * *
    (1) A parts/drawing list entitled, ``Parts/Drawings List, Part 572 
Subpart U, Eurosid 2 with Rib Extensions (ES2re), September 2009,'' 
incorporated by reference in Sec.  572.181.
    (2) A drawings and inspection package entitled ``Parts List and 
Drawings, Part 572 Subpart U, Eurosid 2 with Rib Extensions (ES-2re, 
Alpha Version), September 2009,'' consisting of:
    (i) Drawing No. 175-0000, ES-2re Dummy Assembly, incorporated by 
reference, see Sec. Sec.  572.181, 575.182, 572.184;
    (ii) Drawing No. 175-1000, Head Assembly, incorporated by reference 
in Sec. Sec.  572.181 and 572.182;
    (iii) Drawing No. 175-2000, Neck Assembly Test/Cert, incorporated 
by reference in Sec. Sec.  572.181 and 572.183;
    (iv) Drawing No. 175-3000, Shoulder Assembly, incorporated by 
reference in Sec. Sec.  572.181 and 572.184;
    (v) Drawing No. 175-3500, Arm Assembly, Left, incorporated by 
reference in Sec. Sec.  572.181 and 572.185;

[[Page 31866]]

    (vi) Drawing No. 175-3800, Arm Assembly, Right, incorporated by 
reference in Sec. Sec.  572.181, and 572.185;
    (vii) Drawing No. 175-4000, Thorax Assembly with Rib Extensions, 
incorporated by reference in Sec. Sec.  572.181 and 572.185;
    (viii) Drawing No. 175-5000, Abdominal Assembly, incorporated by 
reference in Sec. Sec.  572.181 and 572.186;
    (ix) Drawing No. 175-5500, Lumbar Spine Assembly, incorporated by 
reference in Sec. Sec.  572.181 and 572.187;
    (x) Drawing No. 175-6000, Pelvis Assembly, incorporated by 
reference in Sec. Sec.  572.181 and 572.188;
    (xi) Drawing No. 175-7000-1, Leg Assembly--left incorporated by 
reference in Sec.  572.181;
    (xii) Drawing No. 175-7000-2, Leg Assembly--right incorporated by 
reference in Sec.  572.181;
    (xiii) Drawing No. 175-8000, Neoprene Body Suit, incorporated by 
reference in Sec. Sec.  572.181 and 572.185; and,
    (xiv) Drawing No. 175-9000, Headform Assembly, incorporated by 
reference in Sec. Sec.  572.181, 572.183, 572.187;
* * * * *
    (c) * * *
    (1) The Parts/Drawings List, Part 572 Subpart U, Eurosid 2 with Rib 
Extensions (ES2re) referred to in paragraph (a)(1) of this section, the 
Parts List and Drawings, Part 572 Subpart U, Eurosid 2 with Rib 
Extensions (ES-2re, Alpha Version) referred to in paragraph (a)(2) of 
this section, and the PADI document referred to in paragraph (a)(3) of 
this section, are available in electronic format through 
Regulations.gov and in paper format from Leet-Melbrook, Division of New 
RT, 18810 Woodfield Road, Gaithersburg, MD 20879, telephone (301) 670-
0090.
* * * * *

0
4. Section 572.181 is amended by revising paragraphs (a), (b), and (c) 
to read as follows:


Sec.  572.181  General description.

    (a) The ES-2re Side Impact Crash Test Dummy, 50th Percentile Adult 
Male, is defined by:
    (1) The drawings and specifications contained in the ``Parts List 
and Drawings, Part 572 Subpart U, Eurosid 2 with Rib Extensions (ES-
2re, Alpha Version), September 2009,'' (incorporated by reference, see 
Sec.  572.180), which includes the technical drawings and 
specifications described in Drawing 175-0000, the titles of which are 
listed in Table A;

                                 Table A
------------------------------------------------------------------------
            Component assembly                       Drawing No.
------------------------------------------------------------------------
Head Assembly.............................  175-1000
Neck Assembly Test/Cert...................  175-2000
Neck Bracket Including Lifting Eyebolt....  175-2500
Shoulder Assembly.........................  175-3000
Arm Assembly-Left.........................  175-3500
Arm Assembly-Right........................  175-3800
Thorax Assembly with Rib Extensions.......  175-4000
Abdominal Assembly........................  175-5000
Lumbar Spine Assembly.....................  175-5500
Pelvis Assembly...........................  175-6000
Leg Assembly, Left........................  175-7000-1
Leg Assembly, Right.......................  175-7000-2
Neoprene Body Suit........................  175-8000
------------------------------------------------------------------------

     (2) ``Parts/Drawings List, Part 572 Subpart U, Eurosid 2 with Rib 
Extensions (ES2re), September 2009,'' containing 9 pages, incorporated 
by reference, see Sec.  572.180,
    (3) A listing of available transducers-crash test sensors for the 
ES-2re Crash Test Dummy is shown in drawing 175-0000 sheet 4 of 6, 
dated February 2008, incorporated by reference, see Sec.  572.180,
    (4) Procedures for Assembly, Disassembly and Inspection (PADI) of 
the ES-2re Side Impact Crash Test Dummy, February 2008, incorporated by 
reference, see Sec.  572.180,
    (5) Sign convention for signal outputs reference document SAE J1733 
Information Report, titled ``Sign Convention for Vehicle Crash 
Testing'' dated December 1994, incorporated by reference, see Sec.  
572.180.
    (b) Exterior dimensions of ES-2re test dummy are shown in drawing 
175-0000 sheet 3 of 6, dated February 2008, incorporated by reference, 
see Sec.  572.180.
    (c) Weights of body segments (head, neck, upper and lower torso, 
arms and upper and lower segments) and the center of gravity location 
of the head are shown in drawing 175-0000 sheet 2 of 6, dated February 
2008, incorporated by reference, see Sec.  572.180.
* * * * *

    Issued: May 24, 2011.
David L. Strickland,
Administrator.
[FR Doc. 2011-13413 Filed 6-1-11; 8:45 am]
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