98-34249. Federal Motor Vehicle Safety Standards; Occupant Crash Protection  

  • [Federal Register Volume 63, Number 248 (Monday, December 28, 1998)]
    [Rules and Regulations]
    [Pages 71390-71396]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-34249]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Part 571
    
    [Docket No. NHTSA-98-4934]
    RIN 2127--AH24
    
    
    Federal Motor Vehicle Safety Standards; Occupant Crash Protection
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation (DOT).
    
    ACTION: Final rule, correcting amendment.
    
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    SUMMARY: This document amends a final rule that was published in March 
    1997 that expedites the depowering of air bags. This correcting 
    amendment clarifies that: The ``corridor'' defining the bounds of 
    permissible sled acceleration will be shifted to contain the time at 
    which the sled acceleration first reaches 0.5 g, to account for ``lag'' 
    in the components of the sled system. This will make the sled test 
    easier to conduct because early variations in sled acceleration lag 
    will not in themselves cause the sled pulse to be outside the required 
    acceleration corridor. While the neck injury criteria for flexion 
    bending moment and extension bending moment are intended to be measured 
    by the six-axis load cell, located in the dummy head, the values 
    measured at that point will be mathematically corrected to reflect the 
    corresponding values at the occipital condyle, a lower point near the 
    base of the dummy's skull. Prior to testing, the engine, transmissions, 
    axles, exhaust, vehicle frame, and vehicle body must be rigidly secured 
    to the vehicle and/or the sled. Fluids, batteries and unsecured 
    components will be removed. These steps will prevent spikes in the 
    acceleration curve during the test that would result from these 
    components moving.
    
    DATES: Effective Date: The amendments made to this final rule are 
    effective December 28, 1998.
        Petitions: Petitions for reconsideration must be received by 
    February 11, 1999.
    
    ADDRESSES: Petitions for reconsideration should refer to the docket 
    number of this rule and be submitted to: Administrator, National 
    Highway Traffic Safety Administration, 400 Seventh Street, SW, 
    Washington, DC 20590.
    
    FOR FURTHER INFORMATION CONTACT: For information about air bags and 
    related rulemaking: Visit the NHTSA web site at http://
    www.nhtsa.dot.gov and click on the icon ``Air Bag Page''.
        For technical issues: Mr. John Lee, Office of Safety Performance 
    Standards, NPS-10, National Highway Traffic Safety Administration, 400 
    Seventh Street, SW, Washington, DC 20590. Telephone (202) 366-4924. 
    Fax: (202) 493-2739.
        For legal issues: Mr. Paul Atelsek, Office of Chief Counsel, NCC-
    20, National Highway Traffic Safety Administration, 400 Seventh Street, 
    SW, Washington, DC 20590. Telephone (202) 366-2992. Fax: (202) 366-
    3820.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On March 19, 1997, NHTSA published a final rule amending Federal 
    Motor Vehicle Safety Standard 208, ``Occupant Crash Protection'' to 
    temporarily permit a supplemental test procedure for air bag restraint 
    systems (62 FR 12960-12975). The intent of the optional test procedure, 
    known as the sled test, was to enable vehicle manufacturers to expedite 
    their efforts to depower the air bags in their vehicles by 20 to 35 
    percent. The agency estimated that this amount of depowering would 
    reduce the risk of injury and death to out-of-position child 
    passengers, and small statured drivers and passengers.
        In the final rule, the agency added a new section to Federal Motor 
    Vehicle Safety Standard 208, ``Occupant Crash Protection,'' S13, 
    ``Alternative unbelted test for vehicles manufactured before September 
    1, 2001.'' This new optional compliance test can be used as a 
    substitute for the 30 mile-per-hour unbelted barrier test for air bag-
    equipped vehicles. The new sled test procedure involved mounting a full 
    (i.e., completed) vehicle equipped with two unbelted 50th percentile 
    adult male Hybrid III dummies on a sled. The sled is accelerated very 
    rapidly backwards (relative to the direction that the occupants would 
    be facing) by a piston mounted in front of the sled, thus simulating 
    the deceleration that would be experienced in a 30 mph crash. The 
    standard specifies the ranges within which the level of acceleration 
    must fall at stated time intervals. This is referred to as the ``sled 
    pulse.'' The standard specifies ranges, instead of an exact single 
    level of acceleration since defining an exact sled pulse is 
    impracticable due to vehicle and equipment variations. The ranges of 
    acceleration at each moment of the test collectively define a corridor 
    within which the actual test acceleration must fall. The air bags are 
    triggered 20 ms after the sled acceleration reaches 0.5 g. The standard 
    also specifies neck injury criteria for the dummies.
        When the final rule was issued, neither the agency nor the 
    automotive industry had much experience with full-vehicle sled testing. 
    Therefore, some of the test conditions and definitions used in the 
    procedure were only partially defined. When manufacturers began to 
    follow the optional sled test procedure, they encountered problems. 
    Recently, several manufacturers approached the agency requesting 
    clarifications of technical issues involving the final rule. The 
    following is a discussion of these technical issues.
    
    II. Issues
    
        Two manufacturers and a vehicle test laboratory have approached the 
    agency with specific questions concerning the
    
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    sled test. In April, Morton International Automotive Safety Products 
    (Morton) approached the agency with questions concerning the test setup 
    and the neck injury criteria. On June 10, 1997, Honda visited NHTSA and 
    presented specific concerns similar to the Morton questions, dealing 
    with the test setup and the neck injury measurement. Honda has also 
    submitted a request for interpretation for three of their issues, in a 
    letter dated June 30, 1997. On September 12, 1997, the Motor Industry 
    Research Association (MIRA) sent NHTSA a letter reporting a problem 
    with the definition of ``time zero.'' The following is a discussion of 
    these issues.
    
    1. Practicality of Sled Testing a Full Vehicle
    
        Morton and Honda believe that a full vehicle may exceed the system 
    size and weight capacity of a smaller sled system powered by a 12-inch 
    piston. Sled systems are classified by the size of the propulsion 
    system. For example, they are referred to as a 12-inch or a 24-inch 
    diameter piston. The larger a piston's diameter, the more weight the 
    sled can handle without exceeding its design parameters. The agency's 
    Vehicle Research and Test Center uses the Transportation Research 
    Center (TRC) sled, which is equipped with a 24-inch piston. Most other 
    sled facilities are equipped with a 12-inch piston. Morton and Honda 
    suggested that the weight of a vehicle plus a 2000-pound carriage may 
    exceed the 7,000 pound capacity of some 12-inch sled systems.
        The agency considered this issue in the final rule (at 62 FR 
    12971):
    
        AAMA, Subaru, and Volvo stated that manufacturers typically 
    conduct partial vehicle tests. Nevertheless, AAMA stated that such 
    sled tests could be conducted on either the full vehicle or partial 
    vehicle. Similarly, Ford stated that ``audit testing with an entire 
    vehicle on a sled would be acceptable, even though vehicle 
    manufacturers typically test with only the passenger compartment or 
    the front portion of the passenger compartment.'' AVS [Technologies] 
    and Morton stated that it is impractical and infeasible to test the 
    entire vehicle on the sled given a vehicle's weight and size.
        * * *
        The agency's Vehicle Research Test Center (VRTC) has analyzed 
    the size and power of the equipment used to conduct sled tests. 
    Based on the available information, the agency believes that the 
    current-design sled at Transportation Research Center (TRC) can be 
    used to evaluate a full vehicle's response to a 125 ms pulse. 
    Memoranda in the docket summarize discussions between agency and 
    General Motors personnel indicating that the readily available 12 
    inch diameter cylinder sled is capable of producing the required 
    acceleration pulse for any complete vehicle subject to Standard No. 
    208.
    
        The agency still does not have specific evidence to indicate that a 
    full range of vehicle sizes cannot be tested on the smaller test sleds. 
    Neither Morton nor Honda reported that the full-vehicle test would 
    exceed the power requirement or the safety parameters of their sleds.
        The agency notes that manufacturers can reduce the weight of the 
    vehicles in their tests if they choose, because only the agency 
    compliance tests are required to use the full vehicle. Vehicle 
    manufacturers are sufficiently familiar with their vehicles to be able 
    to remove vehicle components during certification testing that would 
    not contribute to the vehicle structure, and therefore would not affect 
    the restraint system performance during NHTSA's compliance test. For 
    example, the agency does not believe that the engine block head 
    contributes to the performance of the restraint system during the sled 
    test. To stay within the corridor, NHTSA will normally have to secure 
    the engine. In addition, S13.4 specifies that NHTSA will remove the 
    tires and wheels prior to the sled test. Removing these components 
    could reduce the mass of the test vehicle, if the manufacturers so 
    chose.
        Both Morton and Honda stated that the excessive weight would make 
    it difficult or impossible for their facilities to achieve the 
    specified pulse within the specified corridor. This final rule 
    clarifies the definition of ``Time-Zero,'' to make it easier for test 
    facilities to achieve the specified pulse.
        Morton and Honda also raised the issue of whether the lengths of 
    some vehicles would exceed the 12-foot-sled length. Apparently, some 
    facilities are designed with the front of the sled directly in contact 
    with a wall. This is sufficient when testing partial vehicles, but a 
    full vehicle may hang over the front of the sled, and interfere with 
    the sled contacting the propulsion system. The agency believes any test 
    laboratory could overcome this problem by adding an extension either to 
    the front of the sled or to the end of the piston driving the sled.
    
    2. Securing the Vehicle Parts
    
        To ensure that the specified sled pulse is achieved, the vehicle 
    and its components must accelerate as a rigid unit. Both Morton and 
    Honda asked whether they could secure the transmission and engine to 
    the frame of the vehicle. Honda provided comparative sled pulse plots 
    showing the variation, including an acceleration trace spike, caused by 
    the ``floating'' components.
        The agency agrees that it is appropriate to secure masses that are 
    not rigidly secured prior to the sled test. As Honda pointed out, large 
    parts that shift during a test will cause sled acceleration trace 
    variations and repeatability problems. Shifting masses will cause 
    vibrations and variations in the acceleration traces. These vibrations 
    will appear as ``blips'' in the traces. They may even be significant 
    enough to go outside of the test corridor. In one of the agency's 
    research sled tests, the agency observed shifting of the vehicle body.
        This conclusion about the appropriateness of securing masses that 
    are likely to shift during the test was evident in the final rule, in 
    which the agency noted in response to similar concerns from Ford that 
    ``if necessary, the frame of a vehicle will be rigidly attached to the 
    vehicle body during testing such that the specified pulse is registered 
    on the vehicle body.'' This conclusion was reflected in the agency 
    compliance test procedure (TP-208S-01, Laboratory Test Procedure for 
    FMVSS 208, Occupant Crash Protection Sled Test) which includes 
    instructions for securing ``the engine, transmission, axles, and 
    exhaust to either the vehicle body, vehicle frame, interface frame or 
    sled. If the vehicle has a frame, rigidly attach the body to the frame. 
    If the vehicle is not attached directly to the sled, rigidly attach the 
    vehicle/interface frame unit to the sled.''
        However, the agency now agrees that the specification of rigid 
    securement should have been reflected in the standard itself, rather 
    than just in the compliance test procedure. Therefore, NHTSA is adding 
    a provision to the standard on vehicle securing. The agency emphasizes 
    that the sole objective of securing the vehicle components, and of 
    removing some unsecured components, is to produce a crash pulse within 
    the corridor. Which components are secured or removed and how they are 
    secured is within NHTSA's discretion. Any crash pulse within the 
    corridor is sufficient evidence that the test procedures were followed 
    and that the vehicle's components were rigidly secured and that 
    shifting of masses was adequately addressed.
        Morton had suggested cutting the vehicle at the firewall and 
    welding it to a bulkhead-type fixture. The agency intended no such 
    radical alteration of the vehicle structure, and will not do this in 
    its compliance tests. There is no clear way of defining this 
    alteration. Further, the alteration may change the performance of the 
    vehicle restraint system. The agency notes again that the
    
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    vehicle manufacturer has the option of using data from certification 
    testing which deviates from NHTSA's compliance test procedure in the 
    way Morton suggests. However, in this case, the manufacturer may want 
    to have a larger margin of compliance to compensate for the greater 
    deviation from the test procedures.
    
    3. Potential Residual Test-Buck Damage Resulting From ``Pulse Tuning''
    
        In determining whether the sled pulse will stay within the 
    specified pulse corridor, laboratories have been conducting pre-test 
    sled runs. These ``dry runs'' may potentially result in residual 
    damage, such as roof deformation, that would affect test repeatability. 
    Morton requested permission to remove all non-structural underbody 
    components, the rear-end suspension assembly, and the engine, and then 
    add an L-shaped mounting surface and secure the structural stability of 
    the frame, including the roof line.
        The agency does not intend to conduct pre-runs or preliminary sled 
    tests during compliance tests. The agency is concerned with the 
    repeatability of the results of a test using a vehicle that has already 
    been exposed to the effects of a pre-run or preliminary sled test. 
    Therefore, NHTSA will not base any enforcement action on the failure of 
    a vehicle to meet the sled test requirements unless that vehicle failed 
    its initial test.
        As to the request by Morton to permit vehicle modifications to 
    ensure repeatability in multiple tests, a change in the test procedure 
    is not necessary to enable Morton to make those changes. While Morton 
    can deviate from the specified test procedure, vehicle modifications 
    such as the removal of structural components may lead to test setup 
    confusion and test variability. Since the agency does not plan to make 
    such modifications, it does not need to amend the standard to permit 
    the agency to make them.
    
    4. Where to Measure for Neck Injury Criteria
    
        Paragraph S13.2 of the final rule specifies the neck moments be 
    ``measured with the six axis load cell.'' Morton and Honda pointed out 
    that the final rule's neck measurement procedure and the procedure 
    under S572.33 (the neck section in Part 572, Anthropomorphic Test 
    Devices, or test dummies) may appear to differ. In 572.33, the neck 
    moments are defined at the occipital condyle (Moment=My-0.058  x  Fe). 
    (The occipital condyle is located on the skull where it meets the first 
    vertebra, instead of higher up where the load cell is located.) Morton 
    and Honda believe the proper procedure should have been the one 
    specified in S572.33.
        Honda and Morton are correct. Although the measurement is indeed 
    made with the load cell, the value ultimately calculated is the moment 
    at the occipital condyle, instead of the moment at the load cell. The 
    NPRM, and the source document referenced in the NPRM (AGARD Conference 
    Proceedings of NATO, July 1996, titled ``Anthropomorphic Dummies for 
    Crash and Escape Systems'') base the criteria for the flexion bending 
    moment and the extension bending moment on the values measured by the 
    load cell as corrected to represent the moment at the dummy's occipital 
    condyle. However, there was no mention of this correction in the final 
    rule. Biomechanical references 1 deal with the measurement 
    at the occipital condyle, not at the transducer, as the appropriate 
    location when referring to neck-head movement on a dummy. Additionally, 
    the location of the transducer may shift, depending on the dummy 
    design, and may be difficult to define. An additional indication of the 
    agency's intention was the subsequent May 20, 1997 Interim Final Rule 
    (62 FR 27511), which upgraded the neck instrumentation on the Hybrid 
    III dummy. It specified the conversion calculation in S572.31(a)(3) for 
    adjusting the neck moment from the point of measurement within the 
    transducer to the occipital condyle. Therefore, there is ample evidence 
    that the neck moment injury criteria value was intended to be the value 
    at the occipital condyle, not at the transducer. The rule is being 
    amended to specify this explicitly.
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        \1\ ``To assess the fore-and-aft bending biofidelity of the neck 
    * * *. The resulting moment about the occipital condylar axis versus 
    the head to pendulum angle must lie within the prescribed 
    corridor.'' Advisory Group for Aerospace Research and Development 
    (AGARD) Advisory Report 330, Anthropomorphic Dummies for Crash and 
    Escape System Testing, AGARD-AR-330, North Atlantic Treaty 
    Organization.
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    5. Definition of Time Zero
    
        Honda and MIRA stated that the final rule was unclear regarding the 
    definition of the Time-Zero (T-0, or start) for the actual sled test. 
    They asked whether Time-Zero in Figure 6 of the final rule sled pulse 
    represents (a) the instant when the sled system in activated, or (b) 
    the instant when the sled reaches 0.5 g's. They believe there are 
    problems in either case. If T-0 is the time when the sled is activated, 
    some sleds will have extreme difficulty fitting in the corridor. If T-0 
    is the point at which the sled reaches 0.5 g's, initial noise in the 
    acceleration curve as the sled begins moving makes measurement 
    difficult. (This point was raised above, in issue 1). Some laboratories 
    reportedly use 1.0 g's as a timing point, with adjustments back to the 
    approximate 0.5 g point.
        For the purposes of discussion, four start times could conceivably 
    be used: (1) T-0Activation, the moment the sled electronics 
    are activated, (2) T-0Movement, when the sled begins moving, 
    which also represents the start of the test calculating a Delta V 
    value, (3) T-0Test, which represents the start of the test 
    for fitting the pulse corridor to the acceleration curve, and (4) T-
    0Air-bag, start of timing for the air bag deployment count-
    down.
        The time when the sled system is activated, T-
    0Activation, is not relevant to the performance criteria of 
    the sled pulse. When the system is activated, there is a lag time until 
    the system actually starts moving. This response lag is due to the fact 
    that the electrical and mechanical systems of the sled do not react 
    instantaneously.
        Figure 6 of the March 19 final rule indicates that the test begins 
    when the sled actually starts to move, at 0.0 g acceleration, but that 
    too is impractical. In its June 10 presentation, Honda provided initial 
    sled pulse traces for both the VRTC 24-inch piston and a 12-inch 
    piston. These traces indicated that the 24-inch cylinder sled took 18.1 
    milliseconds to achieve 0.5 g's, yet the corridor ends at the 0.5 g's 
    level at 6.5625 ms. Therefore, even the faster acceleration of the 24-
    inch sled would be outside the corridor, if T-0Test started 
    at 0.0 g acceleration, when the sled starts to move. It appears that 
    even after the sled begins moving (although it moves only the width of 
    a pencil line), the time lag before it begins significant acceleration 
    is so great that no existing sled can produce an acceleration curve 
    that stays within the corridor. This time lag has no counterpart in 
    rigid barrier vehicle crash tests because the deceleration is 
    instantaneous when the vehicle hits the barrier. The figure in the 
    final rule portrayed unrealistically rapid increases in acceleration 
    from the start of movement.
        The intent of the sled pulse corridor is to ensure a specific 
    change of acceleration (g) with respect to time. The important portion 
    of the curve for determining fit within the corridor is not the small 
    acceleration that occurs while the sled systems fully charge, but the 
    rapid acceleration that occurs afterward. The final rule assumed that 
    manufacturers would be able to produce
    
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    sled test acceleration curves within the corridor.
        To carry out this intent, it makes sense to shift the corridor with 
    respect to time to align it with the true sled pulse, rather than 
    having the sled pulse aligned with the corridor. As long as the shape 
    of the corridor is not changed, the crash pulse will be no different 
    from the standpoint of designing safe air bags. It will just be easier 
    to run the test, without affecting the outcome. To accomplish the 
    process of fitting the corridor to the sled pulse, T-
    0Test should be determined by a specific acceleration level 
    for the sled which corresponds to a time at which the most rapid 
    acceleration begins, at about 0.5 g's. Computationally shifting the 
    corridor to align with the curve is far easier than trying to 
    mechanically get the sled pulse curve to begin rapid acceleration 
    within the corridor. Starting at 0.5 g will also eliminate much of the 
    problem mentioned above in issue 1 concerning noise during the earliest 
    part of the test acceleration.
        Therefore, S13.1 and Figure 6 are being amended to reflect that the 
    sled test start time for purposes of meeting the requirement of being 
    in the corridor, T-0Test, is when the sled achieves 0.5 g's. 
    Many test laboratories use T-0Test equal to a specific 
    acceleration (g) level, often 0.5 g's. The vehicle will still have to 
    achieve the specified range of acceleration during the test. Similarly, 
    the time at which the air bag fires is only relevant if it relates to 
    when the sled starts accelerating at a significant rate, such as 0.5 
    g's. Therefore, the air bag deployment timing should also be timed from 
    the time at which the sled reaches 0.5 g acceleration. T-
    0Test and T-0Air-bag coincide.
    
    6. Delta V Requirement
    
        Honda asks whether the agency had intended to require the sled to 
    achieve a velocity of 28 to 30 miles per hour, or just to stay in the 
    corridor. In other words, it asks whether the final velocity specified 
    in S13.1 and Figure 6 of the final rule is a guideline or a 
    requirement. If the final velocity is a requirement, then Honda 
    believes it is very difficult to consistently stay in the corridor. It 
    also asks whether the velocity may be calculated by integrating the 
    acceleration data or must the actual velocities be measured with a 
    speed device.
        The agency clearly intended the specifications for the final 
    velocity to be included in the standard as a requirement during agency 
    compliance testing. The change in velocity is specified in S13.1 and in 
    Figure 6 of the final rule as Delta V=30 (+0, -2 ) miles per hour, or 
    between 28 and 30 mph. As discussed in the preceding section, the 
    agency has made a correction that allows the pulse corridor to be moved 
    to fit the sled pulse. This should assist the test laboratories in 
    keeping within this sled pulse corridor.
        The agency has not specified a method of determining the Delta V. 
    TRC measures the velocity directly. However, laboratories without the 
    capability to directly measure velocity may mathematically calculate 
    the change in velocity by integrating the entire sled pulse starting 
    from zero acceleration (T-0Movement). As in the March 19th 
    final rule, the agency does not recommend a specific procedure.
        The agency notes that, even though the regulation is a 
    specification of the parameters to be used in agency compliance tests, 
    there is nothing to preclude vehicle manufacturers from actually 
    exceeding the change in velocity specified in the standard. The agency 
    would consider a test at a higher-than-required Delta V to be an 
    acceptable basis for certification.
    
    7. Signal Problems, Filtering
    
        Honda reports that it is hard for some laboratories to determine 
    the exact 0.5 g level, because of test startup noise. Probably the most 
    significant problem is that the air bag initiation time is determined 
    by adding 20 milliseconds (+/-2 ms) after the sled achieves 0.5 g 
    acceleration. If the instrumentation is incapable of discerning the 
    point at which 0.5 g acceleration is reached, the air bag activation 
    time may be incorrect. Honda pointed out that much of the noise in the 
    instrumentation occurs only at the beginning of the test, and that the 
    problem immediately clears up. Honda reports that some laboratories are 
    timing the air bag activation from 1.0 g, by applying a mathematical 
    time conversion factor to account for the time back to the approximate 
    0.5 g point, based on experience with the equipment.
        NHTSA will follow the Standard No. 208 test requirements during 
    compliance testing. However, manufacturers may use any method during 
    testing that gives them confidence enough to assure that the vehicle 
    will comply when tested by the agency. No clarification of the rule is 
    necessary.
    
    8. Loading Requirements and Test Attitude
    
        Honda asks whether the loaded requirement should be applied to the 
    actual sled test, or to be used just prior to the test to determine the 
    vehicle attitude.
        The load requirement specified in S8.1 of FMVSS 208, as it applies 
    to the sled test, is only specified for pre-test loading, to determine 
    the vehicle attitude. The vehicle attitude is then used for defining 
    the sled-mounting attitude. As discussed in Issues 1 and 2, the sled 
    configuration may be slightly modified by removing fluids, battery, and 
    unsecured weight, and securing loose parts, but these modifications 
    will not affect the test attitude.
    
    III. Effective Date
    
        The agency finds that there is good cause to make this rule 
    effective immediately. These amendments do not impose any new 
    requirements. Instead, they relieve some of the testing burden imposed 
    on the manufacturers by the March 19, 1997 final rule. It will be 
    easier for manufacturers to test by aligning the corridor with the sled 
    pulse, as specified in these amendments. Also, the smooth sled pulse 
    that will result from rigidly securing the engine, transmissions, 
    axles, exhaust, vehicle frame, and vehicle body and removing the 
    fluids, batteries and unsecured components will make testing easier. A 
    delayed effective date would impose a needless compliance burden on the 
    vehicle manufacturing industry and would provide no safety benefits.
    
    IV. Rulemaking Analyses and Notices
    
    Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        NHTSA has considered the impact of this correcting amendment under 
    Executive Order 12866 and the Department of Transportation's regulatory 
    policies and procedures. This rulemaking document was not reviewed by 
    the Office of Management and Budget (OMB) under E.O. 12866, 
    ``Regulatory Planning and Review.'' This document amends an action that 
    was determined to be ``significant'' under the Department of 
    Transportation's regulatory policies and procedures because of the 
    degree of public interest in this subject. However, today's rule simply 
    clarifies the existing requirements and makes the test procedures 
    easier to perform. This correcting amendment does not alter the costs 
    or benefits of that rule significantly. It merely clarifies the 
    intended application of the rule and provides guidance regarding test 
    procedures. Therefore, a regulatory analysis is not warranted.
    
    Regulatory Flexibility Act
    
        NHTSA has considered the effects of this rulemaking action under 
    the
    
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    Regulatory Flexibility Act. I hereby certify that this rule will not 
    have a significant economic impact on a substantial number of small 
    entities. As explained above, this rule will not have an economic 
    impact on any manufacturer or other entity, except for a small 
    beneficial impact in promoting ease of testing.
        This correcting amendment slightly increases manufacturer 
    flexibility in testing. Most of the changes are interpretations and 
    clarifications of the existing language, not changes in requirements 
    that impose new burdens. The changes in requirements are designed to 
    make vehicles with air bags easier for manufacturers to test their 
    vehicles, not to change the vehicle performance. As a result, some 
    businesses that otherwise would have had to buy sophisticated testing 
    equipment will not need to do so. Therefore, there will be no new 
    significant impact on small businesses.
    
    Executive Order 12612 (Federalism)
    
        NHTSA has analyzed this rule in accordance with the principles and 
    criteria contained in E.O. 12612, and has determined that this rule 
    will not have significant federalism implications to warrant the 
    preparation of a Federalism Assessment.
    
    Paperwork Reduction Act
    
        In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
    511), there are no requirements for information collection associated 
    with this final rule.
    
    The Unfunded Mandates Reform Act
    
        The Unfunded Mandates Reform Act of 1995 (Pub. L. 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. This rule does not meet the definition of a 
    Federal mandate, because it adds no additional cost to the completely 
    permissive final rule which it is clarifying.
    
    Civil Justice Reform
    
        This final rule has no retroactive effect. Under 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. 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.
    
    List of Subjects in 49 CFR Part 595
    
        Imports, Motor vehicle safety, Motor vehicles.
        In consideration of the foregoing, NHTSA amends 49 CFR part 571 as 
    follows:
        1. The authority citation for part 571 continues to read as 
    follows:
    
    PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30122 and 30166; 
    delegation of authority at 49 CFR 1.50.
    
        2. Section 571.208 is amended by replacing the 8th sentence of 
    Sec. 13.1 with the four sentences shown below, by revising Sec. 13.2, 
    and by adding Sec. 13.5 to read as follows:
    * * * * *
    
    
    Sec. 571.208  Occupant Crash Protection.
    
    * * * * *
        Sec. 13.1. Instrumentation Impact Test--Part 1--Electronic 
    Instrumentation. * * * The total change in velocity (Delta V) shall be 
    determined from the integration of the entire acceleration versus time 
    curve from the sled. The Delta V shall include the period of time in 
    which the sled is accelerating to 0.5 g. All points on the acceleration 
    versus time curve at and beyond 0.5 g must be contained within or on 
    the corridor defined in Figure 6. The agency may shift the curve with 
    respect to time in order to fit the curve within the corridor. * * *
        Sec. 13.2 Neck injury criteria. A vehicle certified to this 
    alternative test requirement shall, in addition to meeting the criteria 
    specified in Sec. 13.1, meet the following injury criteria for the 
    neck, measured with the six axis load cell (ref. Denton drawing C-1709) 
    that is mounted between the bottom of the skull and the top of the neck 
    as shown in Drawing 78051-218, in the unbelted sled test:
        (a) Flexion Bending Moment (calculated at the occipital condyle)--
    190 Nm. SAE Class 600.
        (b) Extension Bending Moment (calculated at the occipital 
    condyle)--57 Nm. SAE Class 600.
    * * * * *
        Sec. 13.5. Vehicle Securing. The engine, transmissions, axles, 
    exhaust, vehicle frame, and vehicle body may be rigidly secured to the 
    vehicle and/or the sled, and fluids, batteries and unsecured components 
    may be removed, in order to assure that all points on the crash pulse 
    curve are within the corridor defined in Figure 6.
    * * * * *
        3. Figure 6 is revised to appear as follows:
    
    BILLING CODE 4910-59-P
    
    [[Page 71395]]
    
    [GRAPHIC] [TIFF OMITTED] TR28DE98.000
    
    
    
    
    [[Page 71396]]
    
    
        Issued on: December 18, 1998.
    Ricardo Martinez,
    Administrator.
    [FR Doc. 98-34249 Filed 12-24-98; 8:45 am]
    BILLING CODE 4910-59-C
    
    
    

Document Information

Published:
12/28/1998
Department:
National Highway Traffic Safety Administration
Entry Type:
Rule
Action:
Final rule, correcting amendment.
Document Number:
98-34249
Pages:
71390-71396 (7 pages)
Docket Numbers:
Docket No. NHTSA-98-4934
PDF File:
98-34249.pdf
CFR: (4)
49 CFR 13.1
49 CFR 13.2
49 CFR 13.5
49 CFR 571.208