[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53848-53851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26795]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 571 and 572
[Docket No. NHTSA-98-4503]
RIN 2127-AG39
Anthropomorphic Test Dummy; Occupant Crash Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final Rule.
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SUMMARY: This document modifies the Hybrid III test dummy, which is
specified by the agency for use in compliance testing under Standard
No. 208, Occupant crash protection. The agency is making minor
modifications to the test dummy's clothing and shoes, and to the hole
diameter in the femur flange in the pelvis bone flesh. The changes will
facilitate compliance testing, while having no significant effect on
Standard No. 208 test results.
DATES: This regulation is effective November 6, 1998. The incorporation
by reference of certain publications listed in the regulation is
approved by the Director of the Federal Register as of November 6,
1998. Petitions for Reconsideration must be received by November 23,
1998.
ADDRESSES: Petitions should refer to the docket and notice number of
this notice and be submitted to: Administrator, National Highway
Traffic Safety Administration, 400 7th Street, SW, Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT:
For non-legal issues: Mr. Stanley Backaitis, Office of
Crashworthiness Standards, National Highway Traffic Safety
Administration, 400 Seventh Street, SW, Washington, DC 20590.
Telephone: (202) 366-4912. Fax: (202) 366-4329.
[[Page 53849]]
For legal issues: Ms. Nicole H. Fradette, NCC-20, Rulemaking
Division, Office of Chief Counsel, National Highway Traffic Safety
Administration, 400 Seventh Street, SW, Washington, D.C. 20590 (202-
366-2992).
SUPPLEMENTARY INFORMATION:
I. Summary
In an August 7, 1997 Notice of Proposed Rulemaking (NPRM), NHTSA
proposed two modifications to the Hybrid III test dummy, which is
specified by the agency for use in compliance testing under Standard
No. 208, Occupant crash protection.1 First, the agency
proposed to amend the specifications for the Hybrid III dummy's
clothing and shoes to make the requirements consistent with compliance
testing practices and to facilitate procurement of the dummy's shoes
and clothing. Second, the agency proposed to specify a hole diameter in
the pelvis bone flesh to facilitate femur flange (shank portion)
insertion during its attachment to the pelvis bone. The NPRM also
addressed a petition from General Motors (GM) to amend 49 CFR Part 572
to allow the use of an available lower lumbar spine load cell assembly
in place of the standard Hybrid III lumbar adapter. The agency
explained that an amendment was unnecessary because manufacturers could
already use the lumbar spine load cell assembly at their discretion.
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\1\ NHTSA decided to specify exclusive use of the Hybrid III
dummy in a final rule published on November 8, 1993. (58 FR 59189)
The specifications for the Hybrid III dummy appear in subpart E of
49 CFR part 572.
NHTSA also uses the Hybrid III dummy in its New Car Assessment
Program (NCAP). This program involves testing new passenger cars and
trucks by crashing them into a fixed collision barrier at 35 mph.
That crash is five mph faster and 36 percent more severe than the
crash test specified in Standard No. 208.
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First Technology Safety Systems (FTSS), Mercedes-Benz, Chrysler,
Mitsubishi, Ford, and General Motors (GM) submitted comments in
response to the NPRM. Chrysler, Ford, and GM supported the proposed
changes to the clothing specifications for the Hybrid III dummy; the
other three commenters did not address the issue. All six commenters
supported specifying a hole diameter in the pelvis flesh to facilitate
femur flange insertion during its attachment to the pelvis bone,
although they differed in a minor way over the specific dimension of
the hole's diameter. With respect to GM's question of using a lower
lumbar spine load cell in lieu of a lumbar adapter, Chrysler supported
the agency's position that the use of a lower lumbar spine load cell
assembly does not need agency approval.
After reviewing and analyzing the comments, NHTSA has concluded
that the Hybrid III dummy specifications should be changed to
incorporate the minor modifications proposed in the NPRM. The agency
believes that the modifications will facilitate testing and will
provide additional information from which a more realistic assessment
of the effectiveness of occupant protection systems can be made,
without affecting the dummy impact responses for either Standard No.
208 or New Car Assessment Program (NCAP) testing. A summary of the NPRM
and the agency's response to the comments follows.
II. Summary of NPRM
A. Garments and Shoes
Both First Technology Safety Systems and the Motor Industry
Research Association (MIRA of United Kingdom) contacted NHTSA about
what they viewed as a conflict between the Hybrid III's specifications
and the length of stretch pants actually used on the Hybrid III dummy
in Standard No. 208 compliance testing. Although paragraph S8.1.8.1 and
S8.1.8.2 specify the use of mid-calf length pants, all compliance
testing laboratories and most development laboratories use above-the-
knee length pants.2
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\2\ The use of mid-calf pants was a carry-over from the General
Motors original specifications for the Hybrid III dummy.
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In compliance tests, the pants are either cut off above the dummy
knees or rolled up above the knees for two reasons. First, S10.5 of
Standard No. 208 requires the legs to be positioned with a specified
distance between the ``outboard knee clevis flange surfaces.'' The
pants must be rolled up above the knees for dummy positioning to
measure this distance. Second, the dummy knees are often marked with
chalk to determine where knee contact with the vehicle interior occurs
during the test.3 Since the pants often ride up the dummy's
legs during the crash event, chalking the dummy pants does not work
well.
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\3\ This information, while not required by Standard No. 208, is
helpful.
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MIRA also informed NHTSA that the pants, undershirt, and shoes are
no longer available from the supply sources referenced in the drawings
of those items and that users were having difficulty finding such
articles of clothing on the open market. MIRA asked NHTSA to clarify
where such articles could be obtained and what specifications should be
used to ensure that the correct items were procured. Other dummy users
indicated similar procurement difficulties and expressed a preference
to procure shoes and garments for the dummy on the open market under
general product description guidelines rather than from one specific
source.
NHTSA tentatively agreed with these observations, stating that many
commercially available articles would serve the intended purposes. The
agency, therefore, proposed amending Standard No. 208 to allow users to
equip the Hybrid III dummies with commercially available shoes and
cotton stretch light weight above-the-knee length pants and undershirt
that fit general description guidelines rather than requiring them to
obtain these items from a designated supplier. The agency noted, in the
NPRM, that the proposed changes reflected what had become common
procurement and use practice among manufacturers and NHTSA contractors
who perform compliance tests.
B. Access Hole Diameter in the Pelvis Flesh
In response to a June 30, 1995 notice of proposed rulemaking (NPRM)
(60 FR 34213, Docket 74-14, Notice 96), the American Automobile
Manufacturers Association (AAMA) stated that the access holes in the
pelvis flesh should be enlarged to facilitate the insertion of the
femur flange (shank portion) for their attachment to the pelvis bone.
The AAMA stated that although the holes are shown on the dummy drawing,
the diameter of the holes had not been specified. The AAMA stated that
the pelvis flesh could be damaged during insertion of the femur flange
through the existing two inch diameter holes (as scaled from the
drawing). The organization recommended enlarging the holes' diameter to
2\5/16\ inches, a change that it believed would accommodate insertion
of the femur flange without tearing the flesh material. AAMA stated
that such a change would not significantly affect dummy kinematics or
instrumentation readings.
In response to AAMA's comments, NHTSA proposed specifying the
diameter of the hole in the pelvis flesh as 2\5/16\ inches. The agency
noted that the proposed change was consistent with a Society of
Automotive Engineers (SAE) Task Force recommendation. The agency
explained that the larger size would facilitate testing by making
insertion of the femur shaft less cumbersome. By permitting easier
slip-through of the section of the femur shaft containing the rubber
bumper, the larger hole could prevent an occasional hang
[[Page 53850]]
up of the urethane bumper's edge against the inner edge of the hole in
the pelvis flesh. As a result, the flesh with the enlarged hole would
be less susceptible to damage during the femur flange insertion
process. The agency explained that it believed that the loads on the
femur shaft would be the same irrespective of whether the hole was 2
inches in diameter or 2\5/16\ inches in diameter because of a looser
fit within as it compresses the pelvis flesh.
III. Agency Decision and Response to Comments
A. Garments and Shoes
Chrysler, Ford, and GM all supported the proposed changes to the
Hybrid III dummy's clothing; the other three commenters did not address
the issue. Commenters stated that specifying the use of cotton stretch
light weight above the knee pants recognizes the common testing
practice of the vehicle manufacturers and NHTSA contractors who perform
compliance tests. Further, exposing the dummy's knees will allow chalk
to be applied to the dummy's knees so that knee contact with the
impacted vehicle surface can be determined. In addition, commenters
stated that the proposed changes would facilitate procurement of
appropriate dummy clothing and shoes. NHTSA is, therefore, amending
Standard No. 208 to allow the users to equip the Hybrid III dummies
with commercially available shoes and cotton stretch light weight
above-the-knee length pants and undershirt that fit general description
guidelines. Accordingly, NHTSA is removing drawings related to shoes
and garments from the Hybrid III drawing set (78051-292, -293, -294,
and -295) and incorporating appropriately worded modifications in
Sec. 571.208 S8.1.8.1 and S8.1.8.2 which describe the shoes and
garments to be used on the Hybrid III dummy. NHTSA believes that this
change will not affect the stringency of Standard No. 208's
requirements or result in any cost differences for manufacturers.
B. Access Hole Diameter in the Pelvis Flesh
All six commenters supported specifying a larger hole diameter in
the pelvis flesh. The commenters differed, however, with respect to the
specific dimensions of the hole's diameter. Chrysler, Mercedes Benz and
Mitsubishi supported the proposed 2\5/16\ inch diameter hole stating
that it would facilitate the insertion of the femur flange for its
attachment to the pelvis bone and minimize the possibility of tearing
the pelvis flesh. Ford and FTSS suggested enlarging the holes' diameter
to 2\7/16\ inches. In support of its comment, FTSS noted that pelvis
flesh has been manufactured with diameter holes of 2\7/16\ inches
(2.44+/-.06) for many years. Consequently, FTSS stated that specifying
a diameter of 2\7/16\ inches would not require any retooling. GM
recommended increasing the access hole to 2\1/2\ inches in diameter so
that it was consistent with the hole diameter of currently manufactured
dummies. GM and Chrysler both stated that increasing the hole's
diameter would not affect the dummy's performance.
The dimensional tolerance for the 2\7/16\ inch diameter hole
(2.44+/-0.06) covers the 2\1/2\ inch nominal specification proposed by
GM. The agency concludes, therefore, that there is virtually no
difference between GM's recommendation for a 2\1/2\ inch diameter hole
and the Ford and FTSS recommendations for a 2\7/16\ inch diameter hole.
The agency believes that GM's recommendation merely reflects the upper
dimensional limit of the hole's diameter. The agency believes that
enlarging the access hole diameter to 2\7/16\ inches (2.44+/-0.6) will
greatly facilitate the test dummy's assembly and reduce the chances of
tearing the pelvis flesh during insertion of the 3 inch diameter femur
flange. Further, NHTSA does not believe that the commenters who
supported enlarging the hole's diameter to 2\5/16\ inches would object
to a hole of a slightly larger diameter. The larger hole will ease
dummy assembly and reduce the risk of tearing the pelvis flesh. In
addition, it will not affect the dummy's impact performance. NHTSA is,
therefore, specifying a diameter of 2\7/16\ (2.44+/-0.06) inches for
the pelvis flesh hole of the Hybrid III dummy.
The agency notes that Mitsubishi requested that manufacturers and
others be allowed to continue using test dummies that contain the
current 2 inch diameter holes. The agency sees no need for dummy users
to procure new pelvis assemblies with larger access holes if they are
satisfied with the dummies they are using. Accordingly, the
specification for larger size holes in the pelvis flesh applies to
newly manufactured parts only and does not apply to those parts already
in existence.
III. Effective Dates
The amendments are effective 30 days after publication of today's
final rule. The agency is specifying such an early effective date
because the modifications resulting from this final rule will only
affect the drawings related to the dummy and will not affect compliance
testing or certification.
IV. Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
E.O. 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.'' NHTSA has analyzed this rule
and determined that it is not ``significant'' within the meaning of the
Department of Transportation's regulatory policies and procedures. The
amendments do not require any vehicle design changes but instead only
specify minor modifications in the test dummies used to evaluate a
vehicle's compliance with Standard No. 208. The agency believes that
the clothing and pelvis modifications will not affect the cost of new
dummies. Therefore, the impacts of the amendments are so minimal that a
full regulatory evaluation is not required.
Regulatory Flexibility Act
NHTSA has considered the effects of this rulemaking action under
the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et seq.). I hereby
certify that the final rule will not have a significant economic impact
on a substantial number of small entities.
The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. Sec. 605(b)). The final rule primarily
affects passenger car, light truck, and multipurpose passenger vehicle
and dummy manufacturers. The Small Business Administration's size
standards (13 CFR Part 121) are organized according to Standard
Industrial Classification Codes (SIC). SIC Code 3711 ``Motor Vehicles
and Passenger Car Bodies'' has a small business size standard of 1,000
employees or fewer. Dummy manufacturers are classified as small
businesses with less than 500 employees.
This final rule applies to the previously described vehicle and
dummy manufacturers regardless of size. NHTSA has stated that this
final rule does not require any vehicle design changes. The final rule
specifies minor changes in the test dummies used to evaluate a
vehicle's compliance with Standard No. 208. The changes will not affect
the cost of new dummies.
Paperwork Reduction Act
NHTSA has analyzed this rule under the Paperwork Reduction Act of
1995 (P.L. 104-13) and determined that it will not impose any
information collection requirements as that term is
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defined by the Office of Management and Budget (OMB) in 5 CFR part
1320.
The National Environmental Policy Act
NHTSA has also analyzed this rule under the National Environmental
Policy Act and determined that it will have no significant impact on
the human environment.
The Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4)
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. However, the incremental manufacturer costs
for this final rule are estimated to be zero.
Executive Order 12612 (Federalism)
The agency has analyzed this rule in accordance with the principles
and criteria set forth in Executive Order 12612. NHTSA has determined
that this rule will not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Civil Justice Reform
This rule has no retroactive effect. NHTSA is not aware of any
state law that would be preempted by this rule. This rule does not
repeal any existing Federal law or regulation. It modifies existing law
only to the extent that it amends the agency's specification for the
shoes, clothing, and pelvis flesh hole diameter of the Hybrid III test
dummy. This rule does not require submission of a petition for
reconsideration or the initiation of other administrative proceedings
before a party may file suit in court.
List of Subjects
49 CFR Part 571
Motor vehicle safety, Reporting and recordkeeping requirements,
tires.
49 CFR Part 572
Motor vehicle safety, Incorporation by reference.
In consideration of the foregoing, 49 CFR Parts 571 and 572 are
amended as follows:
PART 571--[AMENDED]
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.
2. Section 571.208 is amended by revising S8.1.8.2 to read as
follows:
Sec. 571.208 Standard No. 208, Occupant crash protection.
* * * * *
S8.1.8.2 Each test dummy is clothed in a form fitting cotton
stretch short sleeve shirt with above-the-elbow sleeves and above-the-
knee length pants. The weight of the shirt or pants shall not exceed
0.25 pounds each. Each foot of the test dummy is equipped with a size
11XW shoe which meets the configuration size, sole, and heel thickness
specifications of MIL-S 13192 change ``P'' and whose weight is
1.250.2 pounds.
* * * * *
PART 572--[AMENDED]
3. The authority citation for Part 572 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.
Subpart E--Hybrid III Test Dummy
4. Section 572.31 is amended by revising paragraphs (a)(1), (a)(3)
and its table, and (a)(4), and by removing and reserving paragraph (b)
to read as follows:
Sec. 572.31 General description.
(a) * * *
(1) The Anthropomorphic Test Dummy Parts List, dated June 26, 1998,
and containing 16 pages, and a Parts List Index, dated June 26, 1998,
containing 8 pages.
* * * * *
(3) A General Motors Drawing Package identified by GM Drawing No.
78051-218, revision U, titled ``Hybrid III Anthropomorphic Test
Dummy,'' dated August 30, 1998, the following component assemblies, and
subordinate drawings:
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Drawing No. Revision
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78051-61X head assembly-complete, (May 20, 1978). (T)
78051-90 neck assembly-complete, dated May 20, (A)
1978.
78051-89 upper torso assembly-complete, dated May (K)
20, 1978.
78051-70 lower torso assembly-complete, dated (F)
June 30, 1998, except for drawing No. 78051-55,
``Instrumentation Assembly-Pelvic
Accelerometer,'' dated August 2, 1979.
86-5001-001 leg assembly-complete (LH), dated (A)
March 26, 1996.
86-5001-002 leg assembly-complete (RH), dated (A)
March 26, 1996.
78051-123 arm assembly-complete (LH), dated May (D)
20, 1996.
78051-124 arm assembly-complete (RH), dated May (D)
20, 1978.
78051-59 pelvic assembly-complete, dated June 30, (G)
1998.
78051-60 pelvic structure-molded, dated June 30, (E)
1998.
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(4) Disassembly, Inspection, Assembly and Limbs Adjustment
Procedures for the Hybrid III dummy, dated June 1998.
* * * * *
(b) [Reserved]
* * * * *
5. Section 572.34 is amended by revising paragraph (b) to read as
follows:
Sec. 572.34 Thorax.
* * * * *
(b) When impacted by a test probe conforming to Sec. 572.36(a) at
22 fps +/- 0.40 fps in accordance with paragraph (c) of this section,
the thorax of a complete dummy assembly (78051-218, revision U, without
shoes, shall resist with a force of 1242.5 pounds +/-82.5 pounds
measured by the test probe and shall have a sternum displacement
measured relative to spine of 2.68 inches +/-0.18 inches. The internal
hysteresis in each impact shall be more than 69% but less than 85%. The
force measured is the product of pendulum mass and deceleration.
* * * * *
Issued on October 1, 1998.
Ricardo Martinez,
Administrator.
[FR Doc. 98-26795 Filed 10-6-98; 8:45 am]
BILLING CODE 4910-59-P
