[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Rules and Regulations]
[Pages 70914-70915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28810]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2010-0032]
RIN 2127-AK82


Federal Motor Vehicle Safety Standards; Side Impact Protection

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

ACTION: Final rule; correcting amendments.

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SUMMARY: On August 24, 2011 we published a final rule responding to a 
petition for reconsideration of a final rule on the Federal motor 
vehicle safety standard for side impact protection. In today's 
document, we correct a minor error in that rule. The agency is also 
correcting several typographical errors in the standard.

DATES: This rule is effective November 28, 2012.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call 
Louis N. Molino, NHTSA Office of Crashworthiness Standards, telephone 
202-366-1740. For legal issues, you may call Deirdre Fujita, 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.

SUPPLEMENTARY INFORMATION: This document makes two corrections to 
Federal Motor Vehicle Safety Standard (FMVSS) No. 214, ``Side impact 
protection,'' 49 CFR 571.214.
    On September 11, 2007, NHTSA published a final rule adopting a pole 
test into FMVSS No. 214. Later, NHTSA published responses to petitions 
for reconsideration of parts of that rule, including a final rule 
published August 24, 2011 (76 FR 52880).\1\ The August 24, 2011, 
document had a minor error, which we are correcting today. We are also 
making corrections to typographical errors in FMVSS No. 214 which 
occurred previously in the FMVSS No. 214 rulemaking.
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    \1\ See also 73 FR 32473 (June 9, 2008), and 75 FR 12123 (March 
15, 2010).
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Correcting Amendments

    This notice makes minor corrections to FMVSS No. 214 in two areas. 
First, it removes S12.3.4(i) from the regulatory text of FMVSS No. 214. 
S12.3.4(i) contains obsolete instructions for leveling the head of a 
test dummy. In the preamble of the August 2011 final rule, NHTSA 
explained that it was moving head-leveling instructions contained in 
S12.3.4(i) to paragraph (h).\2\ As a result of that move, S12.3.4(i) 
was no longer needed, but NHTSA inadvertently did not remove S12.3.4(i) 
from the regulatory text. To correct that error, we are removing and 
reserving S12.3.4(i), and making a conforming change to S12.3.4(j).
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    \2\ Note that a sentence in the preamble of the August 2011 
final rule (76 FR at 52882, col. 2) stated: ``Yet, as noted above 
for S12.3.2(a)(10), the instruction that was in S12.3.3(a)(9) and 
S12.3.4(h) (to `minimize the angle') [emphasis added] has not been 
deleted but is now integrated into the procedures of S12.3.3(a)(9) 
and S12.3.4(h).'' This sentence referred to incorrect section 
numbers and should have stated ``Yet, as noted above for 
S12.3.2(a)(10), the instruction that was in S12.3.3(a)(10) and 
S12.3.4(i) [emphasis added] (to `minimize the angle') has not been 
deleted but is now integrated * * *.''
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    Second, the agency has identified minor typographical errors in 
several sections of FMVSS No. 214 that occurred in the past. These 
errors are related to the positioning of the 5th percentile adult 
female dummy. In three of the five sections, S12.3.2(c), S12.3.3(c) and 
S12.3.4(l), the ``'' symbols for the discrete arm position 
settings were not set forth correctly, and in some instances extraneous 
text was inadvertently added when the amendments were printed in the 
Code of Federal Regulations. In S12.3.3(a)(4), the  symbol 
was incorrectly represented by just a plus sign for the longitudinal 
centerline tolerance, and in S12.3.4(c), the metric unit of millimeters 
(mm) was used in both the metric tolerance of the seating reference 
point (SgRP) and its English conversion. This document corrects these 
errors.
    This document also amends the authority citation for 49 CFR Part 
571, by changing the citation to the DOT regulation setting forth 
delegations made by the Secretary to Departmental officials.\3\
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    \3\ See 77 FR 49964, August 17, 2012. Final rule updating Office 
of the Secretary of Transportation regulations delegating authority 
from the Secretary to Departmental officers.
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List of Subjects in 49 CFR Part 571

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

    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 is revised to read 
as follows:

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.95.


0
2. Section 571.214 is amended by:
0
a. Revising S12.3.2(c), S12.3.3(a)(4), S12.3.3(c), S12.3.4(c);
0
b. Removing and reserving S12.3.4(i) and
0
c. Revising S12.3.4(j) and S12.3.4(l).
    The revisions read as follows:


Sec.  571.214  Standard No. 214; Side impact protection.

* * * * *
    S12.3.2 * * *
    (c) Driver arm/hand positioning. Place the dummy's upper arm such 
that the angle between the projection of the arm centerline on the 
midsagittal plane of the dummy and the torso reference line is 45[deg] 
 5[deg]. The torso reference line is defined as the 
thoracic spine centerline. The shoulder-arm joint allows for discrete 
arm positions at 0,  45,  90,  135, 
and 180 degree settings where positive is forward of the spine.
* * * * *
    S12.3.3 * * *
    (a) * * *
    (4) Bench seats. Position the midsagittal plane of the dummy 
vertical and parallel to the vehicle's longitudinal centerline and the 
same distance from the vehicle's longitudinal centerline, within  10 mm ( 0.4 in), as the midsagittal plane of the 
driver dummy.
* * * * *
    (c) Passenger arm/hand positioning. Place the dummy's upper arm 
such that the angle between the projection of the arm centerline on the 
midsagittal plane of the dummy and the torso reference line is 45[deg] 
 5[deg]. The torso reference line is defined as the 
thoracic spine centerline. The shoulder-arm joint allows for discrete 
arm positions at 0, 

[[Page 70915]]

45,  90,  135, and 180 degree settings where 
positive is forward of the spine.
* * * * *
    S12.3.4 * * *
    (c) Place the dummy on the seat cushion so that its midsagittal 
plane is vertical and coincides with the vertical longitudinal plane 
through the center of the seating position SgRP within 10 
mm (0.4 in).
* * * * *
    (j) Measure and set the dummy's pelvic angle using the pelvic angle 
gauge. The angle is set to 20.0 degrees  2.5 degrees. If 
this is not possible, adjust the pelvic angle as close to 20.0 degrees 
as possible while keeping the transverse instrumentation platform of 
the head as level as possible, as specified in S12.3.4(h).
* * * * *
    (l) Passenger arm/hand positioning. Place the rear dummy's upper 
arm such that the angle between the projection of the arm centerline on 
the midsagittal plane of the dummy and the torso reference line is 
45[deg]  5[deg]. The torso reference line is defined as the 
thoracic spine centerline. The shoulder-arm joint allows for discrete 
arm positions at 0,  45,  90,  135, 
and 180 degree settings where positive is forward of the spine.
* * * * *

    Issued on: November 20, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-28810 Filed 11-27-12; 8:45 am]
BILLING CODE 4910-59-P