97-22574. Federal Motor Vehicle Safety Standards; Head Impact Protection  

  • [Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
    [Proposed Rules]
    [Pages 45202-45216]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-22574]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Part 571
    
    [Docket No. 92-28; Notice 8]
    RIN 2127-AG07
    
    
    Federal Motor Vehicle Safety Standards; Head Impact Protection
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
    
    ACTION: Notice of Proposed Rulemaking.
    
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    SUMMARY: This document proposes to amend the upper interior impact 
    requirements of Standard No. 201, Occupant Protection in Interior 
    Impact, to permit, but not require, the introduction of dynamic head 
    protection systems currently being developed by vehicle manufacturers 
    to provide added lateral crash protection. Target points in those areas 
    of the upper interior occupied by these dynamic systems would be 
    allowed, with the systems undeployed, to meet slightly reduced 
    requirements. To ensure that these dynamic systems would enhance 
    safety, the proposal would add procedures and performance requirements 
    for testing the systems, while deployed, through in-vehicle component 
    tests or a combination of such in-vehicle tests and vehicle crash 
    testing.
    
    DATES: Comment closing date: Comments on this notice must be received 
    by NHTSA no later than October 27, 1997.
    
    ADDRESSES: Any comments should refer to the docket and notice number of 
    this notice and be submitted (preferably in 10 copies) to: 
    Administrator, National Highway Traffic Safety Administration, 400 
    Seventh Street, SW, Washington, DC 20590.
    
    FOR FURTHER INFORMATION CONTACT: The following persons at the National 
    Highway Traffic Safety Administration, 400 Seventh Street, SW, 
    Washington, DC 20590:
        For non-legal issues: Dr. William Fan, Office of Crashworthiness 
    Standards, NPS-11, telephone (202) 366-4922, facsimile (202) 366-4329, 
    electronic mail bfan@nhtsa.dot.gov''.
        For legal issues: Otto Matheke, Office of the Chief Counsel, NCC-
    20, telephone (202) 366-5253, facsimile (202) 366-3820, electronic mail 
    omatheke@nhtsa.dot.gov''.
    
    SUPPLEMENTARY INFORMATION:
    
    Table of Contents
    
    I. Safety Problem
    II. Background
        A. August 1995 Final Rule on Upper Interior Impact Protection
        B. Petitions for reconsideration
        C. March 1996 ANPRM on dynamic head protection systems
        D. Comments on ANPRM
    III. Analysis of Comments
    IV. Proposed Test Procedure
        A. Option 2--FMH Impact into Deployed Dynamic System
        1. Impact Speed
        2. System Deployment
        3. Target Angles
        B. Option 3--Full Scale Side Impact into Fixed Pole
        1. Impact Speed
        2. Rigid Pole
        3. Impact Angle
        4. Propulsion System
        5. Impact Point
        6. SID/H3 Dummy
        7. Biofidelity
        8. Repeatability and Reproducibility
    V. Performance Requirements
    VI. Costs
    VII. Benefits
    VIII. Effective Date
    IX. Risk of Injury
    X. Rulemaking Analyses and Notices
        A. Executive Order 12866 (Federal Regulation) and DOT Regulatory 
    Policies and Procedures
        B. Regulatory Flexibility Act
        C. National Environmental Policy Act
        D. Executive Order 12866 (Federalism)
    XI. Submission of Comments
    
    I. The Safety Problem
    
        In an August 18, 1995 final rule (60 FR 43041) adding requirements 
    for upper interior impact protection to Standard No. 201, ``Occupant 
    Protection in Interior Impact,'' NHTSA estimated that even with air 
    bags installed in all cars and LTVs, head impacts with the pillars, 
    roof side rails, windshield header, and rear header would result in 
    1,591 annual passenger car occupant fatalities and 575 annual LTV 
    occupant fatalities. The agency also stated that it believed such head 
    impacts also result in nearly 13,600 moderate to critical (but non-
    fatal) passenger car occupant injuries (MAIS 2 or greater), and more 
    than 5,200 serious LTV occupant injuries. (The AIS or Abbreviated 
    Injury Scale is used to rank injuries by level of severity. An AIS 1 
    injury is a minor one, while an AIS 6 injury is one that is currently 
    untreatable and fatal. The Maximum Abbreviated Injury Scale or MAIS is 
    the maximum injury per occupant.)
        Manufacturers may choose the means that they use to meet the 
    requirements of the August 18, 1995 final rule. One method of 
    compliance is through the installation of static energy absorbing 
    materials like padding, which will reduce the number and severity of 
    these injuries. In that final rule, the agency estimated that the new 
    requirements would prevent 675 to 768 AIS 2-5 head injuries and 873 to 
    1,045 fatalities. The development of dynamic head protection systems 
    offers the potential for additional injury reduction.
    
    II. Background
    
    A. August 1995 Final Rule on Upper Interior Impact Protection
    
        The August 1995 final rule issued by the National Highway Traffic 
    Safety Administration (NHTSA) amended Standard No. 201 to require 
    passenger cars, and trucks, buses, and multipurpose passenger vehicles 
    (collectively, passenger cars and LTVs) with a gross vehicle weight 
    rating (GVWR) of 10,000 pounds or less, to provide protection when an 
    occupant's head strikes upper interior components, including pillars, 
    side rails, headers, and the roof, during a crash. This final rule, 
    which requires compliance beginning on September 1, 1998, significantly 
    expands the scope of Standard 201. Previously, the standard applied 
    only to the portion of the vehicle interior in front of the front seat 
    occupants. The amendments added procedures and performance requirements 
    for a new in-vehicle component test.
    
    B. Petitions for Reconsideration
    
        The agency received nine timely petitions for reconsideration of 
    the final rule. The issues raised by the petitions can be divided into 
    five categories--(1) application of the new requirements to dynamic 
    head protection systems, (2) influence of systems variables, (3) lead 
    time and phase-in, (4) exclusion of certain vehicles, and (5) test 
    procedure.
        Insofar as the petitions addressed the last four categories of 
    issues, NHTSA responded by issuing amendments to the August 18, 1995 
    final rule in a notice dated April 7, 1997 (62 FR 16718). In the April 
    7, 1997 notice, NHTSA modified the final rule to exclude certain 
    vehicles from the requirements of Standard 201, changed the phase-in 
    requirements by providing manufacturers with the option of complying 
    with an additional schedule for meeting the requirements of the 
    standard and amended other sections of the standard to address concerns 
    about test procedures.
        Since the first category of issues, dynamic head protection 
    systems, was outside the scope of the rulemaking that led to the August 
    18 final rule, the agency considered it not a proper
    
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    subject for a petition for reconsideration. Therefore, the agency 
    announced that it was treating the requests relating to these issues as 
    petitions for rulemaking, and was granting those petitions.
    
    C. March 7, 1996 ANPRM on Dynamic Head Protection Systems
    
        On March 7, 1996, NHTSA published an advance notice of proposed 
    rulemaking (ANPRM) to assist the agency in evaluating the issues raised 
    by dynamic head protection systems (61 FR 9136). In the ANPRM, the 
    agency noted that the only existing accommodation in Standard 201 of 
    vehicles equipped with dynamic restraint systems is a provision 
    concerning vehicles with frontal automatic protection systems meeting 
    S5.1 of Standard No. 208, ``Occupant Crash Protection.'' The head 
    impact area on instrument panels need only meet the performance 
    requirements of Standard 201 when impacted at a relative velocity of 19 
    kilometers per hour (km/h) (12 mph) rather than the 24 km/h (15 mph) 
    requirement imposed on vehicles not meeting S5.1 of Standard 208. This 
    exception to the 24 km/h (15 mph) requirement is premised on the 
    agency's belief that the tests contained in Standard 208 for dynamic 
    systems provided adequate assurance that these systems perform well 
    enough to protect occupants in the event of a crash.
        However, the dynamic systems described in the petitions for 
    reconsideration are intended to supplement other dynamic restraints and 
    protect the heads of occupants in side impacts and rollovers. They are 
    not used to comply with the frontal protection requirements of S5.1 of 
    Standard 208. Neither Standard 208 nor any other Standard contained 
    comparable requirements for side impact protection systems intended to 
    provide head protection to occupants. Thus, there was no readily 
    available way of providing for the testing of these systems or 
    providing adequate assurance that they would yield sufficient safety 
    benefits to justify a similar reduction in the relative impact velocity 
    of 24 km/h (15 mph) afforded for vehicles with dynamic systems 
    providing protection in frontal impacts.
        The agency noted that two categories of dynamic systems were then 
    under consideration by manufacturers--dynamically deployed padding and 
    dynamically deployed air bags or other inflatable devices. NHTSA stated 
    that both of these systems potentially provided greater protection to 
    occupants than design features likely to be used in meeting the 
    requirements contained in the August 18, 1995 final rule. Accordingly, 
    the agency suggested the possibility of developing test procedures to 
    assure that the protection afforded by the systems is a suitable 
    substitute for the protection provided by that final rule. The ANPRM 
    suggested that dynamically deployed padding and dynamically deployed 
    inflatable devices be subjected to different tests. In the case of 
    dynamically deployed padding, the agency suggested that existing 
    targets specified in the final rule protected by the dynamic system be 
    impacted at 19 km/h (12 mph) prior to the deployment of the padding and 
    then be impacted at 32 km/h (20 mph) with the padding deployed. This 
    test would accommodate the limitations of dynamic padding systems in 
    their undeployed state while providing assurance that deployed padding 
    provided additional protection to occupants. In the case of inflatable 
    devices, the ANPRM discussed the possibility that the agency might 
    propose subjecting vehicles equipped with these systems to 19 kilometer 
    per hour (12 mph) impacts at all points covered by the inflatable 
    device with the device in its undeployed state. The performance of the 
    device as deployed would be tested in a side impact test into a fixed 
    rigid pole at 30 km/h (18.6 miles per hour) or a side impact with a 
    moving deformable barrier at 50 km/h (31 miles per hour). The ANPRM 
    also requested responses to 17 questions relating to the design, 
    performance, evaluation and testing of dynamic head protection systems.
    
    D. Comments on the ANPRM
    
        The agency received a total of ten comments on the ANPRM. Five 
    automobile manufacturers (Ford, Volvo, BMW, VW, and Mercedes), one 
    restraint system supplier (Autoliv), three safety organizations 
    (Automotive Occupant Restraint Council (AORC), Insurance Institute for 
    Highway Safety (IIHS), and Advocates for Highway and Auto Safety 
    (AHAS)), and one manufacturers' association (American Automobile 
    Manufacturers Association (AAMA), submitted comments in response to the 
    ANPRM. The comments received from Volvo and Ford indicated that these 
    commenters did not support the adoption of mandatory full scale crash 
    tests for dynamic systems. Ford indicated its belief that existing 
    tests incorporated in Standards 201 and 214 were adequate for measuring 
    the performance of dynamic systems. Additional testing, in Ford's view, 
    would be redundant and unduly burdensome. Volvo contended that full 
    scale crash testing would impose a greater testing burden on cars 
    arguably equipped with safer systems and questioned the fairness of 
    this burden. Volvo also objected to full scale testing as such testing, 
    if restricted to one test configuration, would not be useful in 
    evaluating head impacts that may occur throughout the vehicle. The use 
    of a single test configuration, Volvo argued, would also lead to the 
    development of systems geared to provide optimum protection in specific 
    areas of a vehicle rather than throughout the interior of the car. 
    Volvo and Autoliv recommended the combination of a 19 km/h (12 mph) FMH 
    impact test prior to system deployment and a 24 km/h (15 mph) FMH 
    impact test with the system fully deployed. Autoliv indicated that 
    dynamic systems would deploy in crashes resulting in head speeds above 
    19 km/h (12 mph) and that the protection these systems provide would be 
    adequate at 24 km/h (15 mph). Autoliv further submitted that the 
    systems would offer significant collateral benefits such as ejection 
    mitigation, protection against intrusion and protection against impacts 
    with windows. Volvo indicated that a 24 km/h (15 mph) impact was 
    appropriate as it was similar to the requirements for other head injury 
    mitigating measures. Mercedes and Volkswagen indicated that dynamic 
    systems be tested only at a 24 km/h (15 mph) impact speed. In 
    Volkswagen's view, testing at this speed in conjunction with a 
    requirement that the dynamic system stay inflated for a time period 
    sufficient to assure protection against subsequent crash induced 
    impacts would be sufficient to ensure that the systems provided 
    adequate protection. Mercedes supported the use of a single 24 km/h (15 
    mph) impact into a deployed system as there would be no loss of 
    benefits compared to static systems and greater collateral benefits in 
    the form of ejection mitigation and protection from impacts with wider 
    areas of the interior. However, BMW supported the 19 km/h (12 mph) FMH 
    impact tests in combination with a 29 km/h (18 mph) side crash test 
    into a fixed, rigid pole. Of the comments received from associations 
    and safety organizations, those from the AAMA indicated that AAMA did 
    not favor a mandatory full scale test requirement. AAMA indicated its 
    belief that testing conducted pursuant to Standard 214 was sufficient 
    to evaluate the ability of a vehicle to protect occupants in a side 
    impact. AORC, IIHS and AHAS did not oppose the use of full scale crash 
    testing, but raised concerns about reducing the existing requirements 
    of Standard 201 to accommodate dynamic systems. The
    
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    comments received by NHTSA are summarized below.
        BMW indicated that the agency should specify multiple test 
    procedures for gauging compliance with Standard 201 in order to give 
    manufacturers flexibility to offer a variety of head protection systems 
    in their product lines. The company also suggested that dynamic systems 
    be tested in the undeployed condition with 19 kilometer per hour (12 
    mph) FMH impacts into the A-pillar, certain points on the B-pillar and 
    roof rails. In conjunction with FMH testing at 19 km/h (12 mph), BMW 
    supported testing of dynamic systems with a full scale side impact test 
    consisting of a 29 km/h (18 mph) side impact into a fixed pole using a 
    EuroSid dummy. BMW provided test data generated from its development of 
    the Inflatable Tubular System (ITS) indicating that the suggested pole 
    test generated, in the absence of countermeasures, HIC scores above 
    2000. Based on its testing, BMW stated that such a dynamic test would 
    establish the performance of dynamic systems and assure that these 
    systems offered sufficient safety benefits to justify use of lower 
    impact speeds when testing them in their undeployed condition.
        BMW's suggested test specifies that all targets on the A/B-pillars 
    (except BP4) and side rails (including SR3 on the rear side rail) be 
    tested with a FMH impact of 19 km/h (12 mph) in conjunction with the 
    full scale pole test. BMW indicated that its system would provide head 
    protection for all of these points except for SR3. BMW indicated that 
    SR3 should be tested at 19 km/h (12 mph) even though it is not 
    protected by the ITS as it believed that padding thickness along the 
    side rails should remain constant. In regard to the remaining points 
    that would be protected by ITS, BMW indicated that limitations imposed 
    by dynamic systems forbid padding the entire side rail to meet the 
    existing 24 km/h (15 mph) requirement.
        Ford indicated its belief that the existing requirements of 
    Standard 201 and Standard No. 214 ``Side Impact Protection'', already 
    provide a means of evaluating the performance of advanced dynamic 
    systems and, therefore, any additional tests are not necessary. 
    However, Ford would not object to the ANPRM's suggestion for adjusting 
    the FMH impact speed from 24 km/h (15 mph) to 19 km/h (12 mph) for 
    vehicles that provide a lap-shoulder belt and a side impact head (or 
    head/chest) supplemental air bag for each front outboard occupant.
        Mercedes indicated its support for revisions to Standard 201 to 
    accommodate dynamic systems. The company indicated its belief that 
    inflatable dynamic systems presented the best means to meet the 
    requirements of the Standard with existing technology. Mercedes further 
    stated that it was developing such a system and recommended a test 
    procedure with a 24 km/h (15 mph) FMH impact into a fully deployed 
    system for those targets protected by the inflatable device. The 
    comments submitted by Mercedes also stated that dynamic systems should 
    be tested to ensure that they are fully deployed within 30 ms after 
    triggering. Mercedes indicated that the design it was considering 
    offered superior protection against hazards other than impacts with the 
    interior points specified in Standard 201. Because of this superior 
    performance, Mercedes contended that revisions to the standard 
    requiring a 24 km/h (15 mph) FMH impact into a deployed dynamic device 
    are more than sufficient to ensure that the goals of Standard 201 are 
    achieved.
        Volkswagen recommended that dynamic systems be tested only in the 
    deployed mode through a 24 km/h (15 mph) FMH impact. Volkswagen also 
    indicated its belief that system deployment should be tested through 
    use of a rollover simulation identical to that contained in S5.3 of 
    Standard 208 and a lateral or side impact as specified in S6.3 of 
    Standard 301. In its comments, Volkswagen stated that to protect 
    occupants adequately, a dynamic system should remain inflated for a 
    period of time sufficient to represent foreseeable crash events. 
    Testing in this manner, according to Volkswagen, would eliminate the 
    need to test those areas protected by a dynamic system at a lower 
    impact speed with the system undeployed. In Volkswagen's view, if a 
    dynamic system remains deployed for a sufficient period of time to 
    protect occupants against foreseeable impacts and a combination of 
    rollover and lateral/side impact tests provide assurances that the 
    system will deploy, testing in an undeployed mode is not required. In 
    addition, Volkswagen indicated that if a dynamic system is tested 
    through a 24 km/h (15 mph) FMH impact alone, testing at higher impact 
    speeds is not necessary as the inflated dynamic system would then meet 
    the performance criteria established for Standard 201 in the August 18, 
    1995 final rule.
        Volvo's comments indicated the company's belief that dynamic 
    systems would be used to provide occupant protection beyond the levels 
    specified in Standard 201. In Volvo's view, these systems would require 
    unyielding components in areas covered by Standard 201, making the 
    dynamic systems and the existing requirements incompatible. To 
    accommodate dynamic systems, Volvo suggested that dynamic systems be 
    subject to a 19 km/h (12 mph) FMH impact test for affected targets with 
    the system inactivated, a 24 km/h (15 mph) FMH impact test into the 
    activated system and a 24 km/h (15 mph) FMH impact test for all targets 
    not protected by the system. Volvo stated its opposition to full scale 
    dynamic testing for compliance with Standard 201. In Volvo's view, the 
    use of one specific test configuration would place undue emphasis on 
    those areas likely to be involved in that single test rather than the 
    wide number of targets specified in the standard. Volvo believes that 
    adopting a single full scale dynamic test would provide an unfair 
    advantage to vehicles with dynamic systems in that they would only be 
    tested in one crash mode.
        Autoliv stated that dynamic systems would offer benefits that could 
    not be evaluated by the existing tests contained in Standard 201. 
    However, Autoliv commented that the FMH test is a sufficient means for 
    assessing the performance of dynamic systems and supported a test 
    procedure in which a 19 km/h (12 mph) FMH impact is conducted against 
    those points covered by an undeployed system with a 24 km/h (15 mph) 
    FMH impact against a deployed system. Autoliv stated that such a test 
    procedure should be sufficient to meet the goals of Standard 201 and 
    that other testing at higher impact speeds would not necessarily gauge 
    the safety benefits of dynamic systems in the variety of crash modes in 
    which the systems would offer safety benefits.
        AAMA indicated that it believed that the existing Standard 201 
    requirements were adequate to gauge the performance of dynamic systems 
    and opposed additional full scale testing. AAMA believes that such 
    testing would be burdensome and would not produce any safety benefits 
    particularly in light of its view that, in conjunction with Standard 
    No. 214, ``Side Impact Protection,'' Standard 201 provided for adequate 
    protection of occupants in side impacts without the requirement of 
    further tests. Proper testing of dynamic systems, in AAMA's view, could 
    be accomplished through a 24 km/h (15 mph) FMH impact into a deployed 
    system. AAMA also stated that testing at impact speeds above 24 km/h 
    (15 mph) would be unjustified and stated its position that the 
    challenges involved in designing
    
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    components to meet the 24 km/h (15 mph) FMH impact test are formidable.
        AORC also indicated that the agency should consider the existing 
    requirements of Standard 214 and the side impact benefits that will 
    result from that standard when contemplating changes to Standard 201. 
    Due to its belief that dynamic designs intended to accommodate Standard 
    214 would result in additional occupant head protection, AORC indicated 
    that it did not believe additional full scale testing was required. 
    Instead, AORC supports testing dynamic head protection systems as 
    follows: for those points protected when the system is deployed, the 
    points would be impacted by the FMH at 19 km/h (12 mph) with the system 
    undeployed; and for those points unprotected when the system is 
    deployed, the points would be impacted by the FMH at 24 km/h (15 mph). 
    In the event that NHTSA adopted full scale tests, AORC stated that it 
    would seem reasonable that the MDB height should be raised to address 
    head protection problems if a side impact test with the barrier was 
    employed. However, due to the severity of the pole test proposed in the 
    ANPRM, AORC did not consider that the side-to-pole crash test is an 
    appropriate tool for evaluating compliance of FMVSS No. 201.
        IIHS indicated that its preeminent concern was that Standard 201 be 
    amended to accommodate dynamic systems as soon as possible in order 
    that the safety benefits of the systems be made available to the 
    public. IIHS agreed with the suggestions set forth in the ANPRM and 
    further cautioned the agency to consider all instances where compliance 
    with Standard 201 could preclude the availability of the benefits 
    offered by dynamic systems. In particular, IIHS stated that some 
    dynamic systems may have difficulty meeting the requirements of 
    Standard 201 at certain impact points both before and after deployment. 
    In the view of IIHS, the inability to meet these criteria at these 
    impact points should not stand as a barrier to their development and 
    use due to the dramatic increase in protection such systems will offer 
    in a variety of crash modes.
        AHAS stated that it believed that dynamic systems offered great 
    potential increases in occupant protection. However, in AHAS's view, 
    the purported benefits of such systems should be gauged by testing at 
    higher impact speeds. Accordingly, AHAS suggested that for dynamic 
    systems appropriate target points should be tested for compliance at an 
    impact speed of 32 km/h (20 mph). AHAS expressed concern that lowering 
    impact speeds or excluding certain areas from testing when dynamic 
    systems are employed could seriously erode the overall benefits offered 
    by Standard 201. AHAS stated that the agency should establish separate 
    but complementary standards for dynamic systems that would require them 
    to meet the existing requirements of Standard 201 in the undeployed 
    mode and greater requirements in the case of a deployed system. AHAS 
    believes that such testing would avoid potential pitfalls in accepting 
    lower impact speeds as a means of accommodating dynamic systems.
    
    III. Analysis of Comments
    
        The agency's review of the comments submitted by manufacturers and 
    other interested groups revealed several areas of concern. AAMA, AORC, 
    Ford and Volvo all voiced an opposition to the use of mandatory full 
    scale crash tests. AHAS indicated its opposition to the abandonment or 
    revision of existing Free Motion Headform (FMH) impact testing of 
    vehicles that are equipped with a dynamic system. AAMA, AORC, Volvo, 
    VW, Mercedes and Autoliv all argued that any proposed test specifying 
    FMH impacts above 24 km/h (15 mph) would be impracticable, while AHAS 
    stated that FMH impacts into deployed systems should be conducted at 32 
    km/h (20 mph). BMW supported the use of a full scale test with a 29 km/
    h (18 mph) side impact into a fixed pole. Volvo stated that such a full 
    scale test would not adequately assess the performance of dynamic 
    systems because of the limited area of impact.
        AAMA indicated that any additional mandated full scale testing 
    beyond FMVSS No. 214 would be unwarranted and unproductive since the 
    existing tests specified in Standard 214 were sufficient to gauge 
    performance in a side impact. AAMA's comments also stated that 
    additional mandatory tests were unnecessary as its member companies did 
    not consider dynamic head protection systems to be incompatible with 
    the August 18, 1995 final rule. Ford commented that the present 
    requirements of FMVSS Nos. 201 and 214 already provide a means of 
    evaluating the performance of dynamic systems and, therefore, 
    additional tests are not necessary. Volvo would not support the 
    inclusion of any full scale dynamic tests because a specific test 
    configuration will be of limited use in evaluating head impacts that 
    occur in a wide range of vehicle upper interior. AORC supported the 
    continuous review and refinement of FMVSS No. 214 combined with the use 
    of SID dummy with the Hybrid III head/neck system as a means of 
    measuring head injury potential.
        The March 7, 1996 ANPRM sought comment on two alternatives to the 
    upper interior impact protection requirements established in the August 
    1995 final rule. The first alternative, which the ANPRM indicated would 
    be applicable to dynamically deployed padding, consisted of a 19 km/h 
    (12 mph) FMH test prior to the deployment of the dynamic system and a 
    32 km/h (20 mph) FMH test after the deployment of the device. The 
    second alternative, which the ANPRM indicated was intended for use in 
    evaluating dynamically deployed air bags, consisted of a 19 km/h (12 
    mph) FMH test prior to the system deployment and a full scale side 
    crash test employing either a 30 km/h (18.6 mph) rigid pole or a 50 km/
    h (31 mph) moving barrier test. In suggesting these alternatives, NHTSA 
    intended that a manufacturer would have three choices, compliance with 
    the requirements established in August 1995 or with one of the two 
    alternatives. No consideration was given to the possibility of 
    subjecting all vehicles, regardless of the presence or absence of 
    dynamic side impact systems, to additional mandatory testing.
        In response to concerns raised by AAMA and Ford that additional 
    crash testing would be redundant in light of the existing tests 
    specified in Standard 214, the agency notes that while FMVSS No. 214's 
    dynamic side crash test is excellent for evaluating the reduction of 
    chest injury potential, it is not appropriate for assessing the head 
    injury potential of upper interior components because the dummy's head 
    would not, except for some rare cases, strike any vehicle interior 
    components. In view of this, NHTSA disagrees with AAMA's and Ford's 
    contention that FMVSS No. 214's dynamic side impact test requirements 
    are adequate to evaluate the head protection offered by a dynamically 
    deployed system.
        Similarly, the agency also rejects AORC's suggestion that FMVSS No. 
    214 be upgraded to include head injury criterion. NHTSA believes that 
    extensive modifications of FMVSS No. 214 would be required to 
    incorporate the head injury criterion into the standard. Time 
    constraints preclude an upgrade of Standard 214 at this time. Moreover, 
    the agency believes that unless substantial changes were made to 
    Standard 214, including modification of the MDB to ensure impact with 
    the dummies' heads, the standard's test procedures are not appropriate 
    for evaluating dummy HIC and occupant head protection. However, for 
    reasons
    
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    explained below, the agency agrees with AORC's suggestion that the SID 
    dummy with the Hybrid III head/neck is appropriate for assessing the 
    protection provided by dynamically deployed systems in lateral impacts. 
    Accordingly, NHTSA has developed a new test dummy combining the head 
    and neck of the Hybrid III with the SID torso. The agency is preparing 
    an NPRM to amend Part 572 to add a new subpart--subpart M--which will 
    contain the specifications for this new dummy.
        AHAS strongly opposed a complete exclusion of vehicles equipped 
    with a dynamic system and an exclusion of targets arguably protected by 
    dynamic systems. The agency notes that it did not propose either of 
    these alternatives in the ANPRM and agrees that exclusion of vehicles 
    equipped with a dynamic system from Standard 201 is not an acceptable 
    option. However, the agency does not agree with AHAS's suggestion that 
    dynamic systems be tested through a 32 km/h (20 mph) FMH impact into a 
    deployed system. As noted below, the agency tentatively concludes that 
    a 29 km/h (18 mph) FMH impact test would provide adequate protection to 
    occupants.
        NHTSA also does not agree with those commenters who indicated that 
    testing of deployed systems be limited to FMH impacts of 24 km/h (15 
    mph). NHTSA believes that dynamic systems are not likely to deploy in 
    all crash modes nor to achieve a 100 percent deployment rate in one 
    crash mode. If FMH impact speeds were limited to 24 km/h (15 mph) into 
    a deployed system and 19 km/h (12 mph) into an undeployed system, a 
    vehicle equipped with a dynamic system would offer 24 km/h (15 mph) 
    head protection in certain crashes and 19 km/h (12 mph) head protection 
    in other crashes, depending on the sensor design. In comparison with 
    vehicles with traditional countermeasures providing 24 km/h (15 mph) 
    head protection in all crash scenarios, vehicles with advanced dynamic 
    systems would not provide 24 km/h (15 mph) head protection in all the 
    same scenarios. The result would be a net reduction in safety. This 
    would defeat the purpose of amending Standard 201 to facilitate the 
    efforts of manufacturers to install advanced dynamic systems.
        The March 7, 1996 ANPRM suggested two full scale crash tests for 
    evaluating head protection by dynamic systems: (1) a 30 km/h (18.6 mph) 
    side crash test into a fixed, rigid pole of 254 millimeters (10 inches) 
    in diameter (in combination with 19 km/h (12 mph) FMH tests prior to 
    system deployment) and (2) a 50 km/h (31 mph) side impact test using 
    the International Standard Organization (ISO) 10997 MDB fitted with a 
    rigid surface (in combination with 19 km/h (12 mph) FMH tests prior to 
    system deployment). AAMA and its member companies, apparently 
    mistakenly believing that the ANPRM contemplated that full scale 
    testing would be mandatory for all vehicles, opposed the use of either 
    test and stated that no other full scale tests should be employed. 
    Volvo also did not support inclusion of full scale dynamic tests in 
    amended Standard 201. BMW supported alternative tests using a 19 km/h 
    (12 mph) FMH impact into an undeployed system with certain points 
    exempted in combination with a 29 km/h (18 mph) side impact into a 
    fixed, rigid pole 254 millimeters (10 inches) in diameter. A EuroSid 
    dummy or a SID dummy with a Hybrid III head and neck could be used in 
    this test, with an upper limit of a HIC less than or equal to 1000. 
    Under the test suggested by BMW, system deployment would be tested at a 
    FMVSS No. 214 equivalent barrier speed of 24 km/h (15 mph).
        As noted above, NHTSA believes that AAMA and its member companies 
    misunderstood the intent of the test procedures discussed in the ANPRM. 
    The two alternative tests outlined in the ANPRM were intended to be 
    optional not mandatory. In demonstrating FMVSS No. 201 compliance for 
    vehicles equipped with a dynamically deployed inflatable device, a 
    manufacturer could choose, at its own option, to comply with either the 
    standard 24 km/h (15 mph) FMH impact tests or with one of the two 
    alternative tests outlined in the ANPRM.
        Volvo opposed inclusion of any full scale crash tests. It argued 
    that a specific test configuration would be of limited use in 
    evaluating head impacts that occur in a wide range of vehicle 
    interiors. While the agency acknowledges that employing the rigid pole 
    test by itself would leave many areas of the vehicle untested at the 
    higher impact speed, NHTSA has conducted a safety benefit analysis and 
    concluded that a dynamic system that complies with the ANPRM proposed 
    29 km/h (18 mph) side-to-pole test would further reduce head injuries 
    beyond the level attained by designs solely meeting the requirements of 
    the August 18, 1995 final rule. NHTSA believes it is appropriate to 
    propose the 29 km/h (18 mph) side-to-pole test allowing flexibility in 
    the test procedure so that manufacturers may install, as they wish, an 
    advanced head protection system in their vehicles.
        NHTSA concurs in BMW's suggestion that a test involving a 29 km/h 
    (18 mph) side impact of a moving vehicle into a rigid pole is 
    appropriate for measuring the performance of certain dynamic systems. 
    The pole test is relatively severe and, in the absence of 
    countermeasures, results in HIC scores well above 1000. The test is 
    also well suited to evaluate those systems that, because of the manner 
    in which they deploy, would not be in a position to attenuate impacts 
    occurring through the use of the FMH but would still provide protection 
    to the heads of occupants in crashes.
        However, the agency believes that the combination of SID with 
    Hybrid III head/neck is a better dummy test device than the EuroSid 
    dummy because of its higher biofidelity rating. The Hybrid III head and 
    neck are used in the BioSID dummy, whose biofidelity was compared with 
    the Eurosid and the SID by two GM researchers (Mertz and Irwin) in 
    1990. Using an ISO scale for determining biofidelity, these researchers 
    determined that the biofidelity for the Hybrid III head was within the 
    numeric range equivalent to ``good'' and the neck was ``fair.'' The 
    EuroSid head and neck were found to have scored lower and were rated as 
    ``marginal.''
    
    IV. Proposed Test Procedure
    
        After considering the comments on the ANPRM and other available 
    information, NHTSA has decided to propose amendments to Standard 201's 
    test procedure to allow manufacturers greater flexibility in offering 
    dynamic systems to provide interior impact protection. Given the 
    characteristics of these systems, which include the use of relatively 
    stiff and hard components in areas including target points specified in 
    the test procedure contained in the August 18, 1995 final rule, the 
    agency has decided to propose modifications to the Standard and its 
    test procedures so that manufacturers may, at their option, choose one 
    of three test procedures to demonstrate compliance with this Standard. 
    The first option, hereinafter referred to as option 1, which may be 
    most suitable for vehicles without dynamic systems or systems that 
    deploy from seat backs or door panels, is to perform FMH impacts at 24 
    km/h (15 mph) at all test points and target angles now specified in the 
    August 1995 final rule. The second and third options, hereinafter 
    referred to as options 2 and 3, respectively, are intended to 
    accommodate dynamically deployed systems by employing FMH testing at a 
    reduced impact speed at those points located directly over a stowed 
    dynamic system and its inflation and attachment hardware. However, to 
    ensure that these
    
    [[Page 45207]]
    
    systems offer safety benefits in the deployed mode commensurate with 
    the reduced protection provided in the undeployed mode, both options 
    specify testing of the deployed system at impact speeds above 24 km/h 
    (15 mph).
        Based on information contained in the comments received in response 
    to the ANPRM and other data, NHTSA has tentatively concluded that 
    padding and other passive countermeasures required to meet the existing 
    Standard 201 requirements are incompatible with dynamic systems. Such 
    dynamic systems are likely to employ either air bags, inflatable 
    padding or other designs that remain covered inside the trim of B-
    Pillars, side rails or other structures until activated by a crash. 
    Once activated, the systems will be inflated either by compressed gas 
    or a pyrotechnic device and must deploy rapidly without interference 
    from padding or other soft structures. These devices may also require 
    relatively stiff components in their anchorages and inflation systems 
    and may be relatively inflexible as stored. As such, the 
    characteristics of these devices make compliance with the existing 
    Standard 201 requirements difficult.
        The impact of padding on air bag deployments was previously 
    considered by NHTSA in a prior rulemaking in which the head impact 
    protection requirements for instrument panels were amended to reduce 
    the impact speed of test headforms from 24 km/h (15 mph) to 19 km/h (12 
    mph) in air bag equipped cars. In the July 18, 1990 Notice of Proposed 
    Rulemaking proposing this change, (55 FR 29238), the agency noted that 
    optimal deployment of top mounted air bag systems required that the air 
    bag should not be located more than one inch below the top of the 
    instrument panel while compliance with the 24 km/h (15 mph) head impact 
    test mandated the use of energy absorbing material that was 
    approximately two inches thick (55 FR 29239). In order to encourage the 
    greater use of frontal air bags and obtain a net safety benefit, NHTSA 
    issued a final rule on June 6, 1991 (56 FR 26036) reducing the impact 
    speed requirements for air bag equipped cars.
        In regard to the present rulemaking, comments received from Volvo 
    and BMW indicated that meeting the 24 km/h (15 mph) FMH impact 
    requirement set forth in the August 18, 1995 final rule would require 
    the use of energy absorbing material at least one inch thick. In the 
    view of these commenters, as well as Mercedes, employing padding 
    sufficiently thick to meet the 24 km/h (15 mph) FMH impact requirement 
    would preclude the use of inflatable systems or severely limit their 
    effectiveness. The use of padding, in BMW's view, raises particular 
    concerns in inflatable systems that deploy from the roof rails because 
    such systems cannot deploy through one inch of padding. The agency 
    agrees that compliance with the 24 km/h (15 mph) FMH impact requirement 
    through the use of padding alone may require padding as thick as one 
    inch and that padding this thick may interfere with the deployment of 
    dynamic systems.
        The agency has tentatively concluded that while the design and 
    performance requirements of these systems may preclude compliance with 
    Standard 201 at an impact speed of 24 km/h (15 mph), they may be 
    designed to provide adequate protection against impact in the 
    undeployed mode at an impact speed of 19 km/h (12 mph). NHTSA estimates 
    that where padding would be required to provide adequate protection in 
    a 19 km/h (12 mph) impact would not be thicker than one-half inch. The 
    agency calculates that this impact speed would accommodate development 
    of dynamic systems because the 19 km/h (12 mph) impact would not place 
    a significant additional burden in terms of padding or other measures. 
    An analysis of the effect of different padding thicknesses on existing 
    passenger cars and LTVs contained in the agency's June 1995 Final 
    Economic Assessment (FEA), FMVSS No. 201, Upper Interior Head 
    Protection, determined that all of the sampled passenger cars and LTVs 
    could meet the 19 km/h (12 mph) impact speed with one-half inch of 
    additional padding on the A-pillars, side rails and B-pillars. As the 
    vehicles examined by the agency and designed prior to the August 1995 
    amendments to Standard 201 would require additional padding of a half 
    inch or less to provide adequate protection in a 19 km/h (12 mph) FMH 
    impact, NHTSA believes that the 19 km/h (12 mph) impact speed would not 
    present obstacles to the development and employment of dynamic systems.
        One procedure, option 2, would use the existing FMH to simulate an 
    occupant's head striking the interior of the vehicle in a crash. In 
    this test, the headform would be propelled into specified targets 
    within the vehicle at differing impact speeds. For those points that 
    are not directly over a dynamic system or its attachment or inflation 
    hardware, the specified impact speed would be 24 km/h (15 mph). For 
    points directly over an undeployed dynamic system (including attachment 
    points and inflation mechanisms), the headform would be propelled at 
    the target at 19 km/h (12 mph) with the system in the undeployed mode 
    and 29 km/h (18 mph) with the system deployed. In order to assure 
    deployment of the system, the triggering mechanism would be tested 
    through use of the lateral crash test contained in S6.12 of Standard 
    214. The agency is proposing that once triggered, the system would have 
    to reach full deployment in 30 milliseconds (ms) or less.
        The other optional test procedure now being proposed, option 3, 
    employs a full scale side impact at 29 km/h (18 mph) into a fixed pole. 
    In this test, any test points or targets inside the vehicle that do not 
    intersect with a line oriented along any of the approach angles 
    described in S8.13.4 and passing through an undeployed dynamic system 
    or any of its components (excluding trim) would be subjected to a 24 
    km/h (15 mph) FMH impact at the target angles and conditions now 
    contained in the Standard. For those targets that intersect with a line 
    oriented along any of the approach angles described in S8.13.4 and 
    passing through an undeployed dynamic system or any of its components 
    (excluding trim), FMH impacts at a speed of 19 km/h (12 mph) would be 
    employed to test the system in its undeployed condition. To test the 
    effectiveness of the dynamic system in the deployed mode, a full scale 
    29 km/h (18 mph) side impact into a fixed rigid pole would be used. The 
    point of impact would be aligned with the center of gravity of the head 
    of a dummy seated in a designated front outboard seating position on 
    the struck side. Initially, the seat would be positioned as directed in 
    S6.3 and S6.4 of Standard 214 and the dummy located as directed in S7 
    of Standard 214. If this positions the dummy such that the point at the 
    intersection of the rear surface of its head and a horizontal line 
    parallel to the longitudinal centerline of the vehicle passing through 
    the head's center of gravity is at least 50 mm (2 inches) forward of 
    the front edge of the B-pillar at that same horizontal location, then 
    the dummy is tested in this position. If not, the seat back angle is to 
    be adjusted, a maximum of 5 degrees, until the 50 mm (2 inches) B-
    pillar clearance is achieved. If this is not sufficient to produce the 
    desired clearance, the seat is to be moved forward to achieve that 
    result. The agency recognizes that these modifications to the Standard 
    214 seating procedure will likely make it necessary to adjust other 
    specifications of that procedure, such as the allowable pelvic angle 
    range, the target H-point location, and lower extremity positions.
    
    [[Page 45208]]
    
    The agency asks for comments regarding seating procedure issues.
        This pole test is nearly identical to the proposed ISO test 
    procedure found in the ISO/TC22/SC10/WG3 draft ISO Technical Report 
    Road Vehicles, Test Procedure for Evaluating Various Occupant 
    Interactions with Deploying Side Impact Air Bags (February 9, 1995). 
    The seating procedure for the pole test was designed to adhere to the 
    extent possible to the proposed ISO test procedure which states to 
    ``Seat the dummy so that its head is sufficiently within the front 
    window opening that the striking pole is unlikely to contact the A- or 
    B-pillar''. NHTSA notes that use of this test furthers the goal of 
    international harmonization of standards and test procedures.
        In order to accurately gauge the performance of the system in 
    protecting the head, neck and torso, the test dummy would be a SID 
    dummy modified to accept the Hybrid III head and neck. As is the case 
    with the first and second options, the HIC value would not exceed 1000. 
    In the proposed test, the one dummy would be placed in the front 
    outboard seat of the struck side of the vehicle. However, the agency is 
    continuing to consider the use of a second dummy in the rear outboard 
    seating position of the struck side.
        The March 7, 1996 ANPRM contained a suggestion that dynamically 
    deployed devices be tested by the use of a side impact test employing a 
    Moving Deformable Barrier (MDB). The proposed MDB test consisted of a 
    50 km/h (31 mph) lateral impact by an ISO #10997 MDB not less than 1270 
    mm (50 inches) high. However, even with the use of an MDB of sufficient 
    height to simulate a high hooded striking vehicle, the resulting 
    changes in velocity to the head and HIC scores are insufficient to 
    assure real benefits from the use of dynamically deployed systems. 
    While the use of this test was supported by AORC, the agency is not 
    proposing this test.
        NHTSA made this decision based on examination of crash test data 
    submitted by BMW in which a 90 degree lateral moving barrier crash test 
    using the MDB employed in Standard 301 testing produced HIC scores far 
    below 1000. The agency then calculated that increasing the impact speed 
    from 32 km/h (20 mph) to 48 km/h (30 mph) would not result in 
    appreciable increases in HIC scores. Based on the data described above, 
    NHTSA tentatively concludes that the MDB test would not be severe 
    enough to promote safety. Accordingly, NHTSA has dropped consideration 
    of this test.
        The agency also examined the possibility of using the Standard 214 
    test procedure to evaluate dynamically deployed systems. Since 
    manufacturers are already conducting Standard 214 tests, the testing of 
    dynamically deployed systems could, theoretically, be pursued 
    simultaneously through the use of a SID dummy with a Hybrid III head/
    neck. The agency examined several series of crash tests conducted 
    pursuant to Standard 214. As is the case with testing using the MDB, 
    examination of the data from Standard 214 testing indicates that these 
    tests do not produce changes in head velocity sufficient to gauge the 
    performance of systems intended to provide head protection in interior 
    impacts. As the greatest loads experienced in Standard 214 testing are 
    applied to the torso, contacts between the head and the vehicle 
    interior or other structures are rare. In addition, test dummies are 
    secured in the vehicle by belts during testing. HIC scores near or 
    above 1000 occur only when the head strikes the MDB, which NHTSA 
    believes to occur in eighteen percent of the Standard 214 type tests. 
    Therefore, NHTSA tentatively concludes that using a Standard 214 test 
    with the standard barrier height would not be appropriate.
        Alternatively, as an attempt to adapt the Standard 214 test for use 
    in evaluating head protection, another approach would be to conduct a 
    lateral impact test with the Standard 214 MDB with a modified rigid 
    face. The barrier face would be high enough to intrude into the upper 
    interior parts of the greenhouse. However, even though head contact 
    with the vehicle interior or barrier would occur, the agency calculates 
    that the resulting HIC scores, in the absence of countermeasures, would 
    be in the range of 225-300 for the driver and 250-325 for a rear seat 
    passenger. Therefore, the head impacts and resulting HIC scores would 
    be too moderate to promote improvements in head protection. The agency 
    also considered employing a test using the FMVSS No. 301 ``Fuel System 
    Integrity'' barrier at 32 km/h (20 mph) or 48 km/h (30 mph) to achieve 
    higher lateral kinetic energy levels. While such a test would be more 
    severe than the test specified in Standard 214, the agency has 
    tentatively concluded that this approach also would not promote the 
    introduction of highly efficient and effective dynamically deployed 
    systems.
        In addition to considering use of moving deformable barrier tests, 
    NHTSA also examined the possibility of using a moving pole rather than 
    a barrier to impact a stationary test vehicle. While such a test would 
    be more severe than those involving a moving barrier, the agency has 
    decided not to propose this test. When the test vehicle is propelled 
    into a stationary pole, the vehicle will be free to interact 
    dynamically with the pole and the resulting motion of the head and 
    thorax are more likely to represent conditions encountered in actual 
    crashes. While NHTSA is aware that a car-to-pole test procedure poses 
    certain technical challenges, the agency believes that these are 
    simpler to resolve in the short term compared to those involved in a 
    moving pole test.
    
    A. Option 2: Testing Deployed Dynamic Systems in FMH Impacts
    
    1. Impact Speed
        In order to assure that the goals of Standard 201 are not 
    compromised by the proposed amendments, dynamic systems tested under 
    this option would be subjected to 19 km/h (12 mph) FMH impacts in the 
    undeployed state at target points directly over an undeployed dynamic 
    system (including attachment points and inflation mechanisms), and a 29 
    km/h (18 mph) FMH impact into the same target points with the system 
    deployed. While none of the manufacturers or suppliers who provided 
    comments in response to the ANPRM supported the use of impact speeds 
    above 24 km/h (15 mph) for testing of a deployed dynamic system, NHTSA 
    believes that such an impact speed would result in a net increase in 
    safety and would not place an undue burden on manufacturers. The agency 
    notes that the selection of this impact speed provides important 
    assurances that vehicles equipped with dynamic systems would, with the 
    systems deployed, provide safety benefits commensurate with the 
    decrease in the level of impact protection provided in less severe 
    crashes where the dynamic system might not deploy.
    2. System Deployment
        As proposed, testing under option 2 would require FMH impacts into 
    a deployed dynamic system. In order to ensure that dynamic systems 
    would deploy in the event of a side impact, the agency is proposing 
    that manufacturers choosing this option must also test the sensor and 
    inflation system to determine that it will function in the event of a 
    side impact. The agency is proposing that the lateral barrier test set 
    forth in S6.12 of FMVSS No. 214, ``Side Impact Protection'' provides 
    appropriate conditions for the testing of the triggering and inflation 
    systems for dynamic head protection devices. Accordingly, NHTSA 
    proposes that,
    
    [[Page 45209]]
    
    under option 2, manufacturers must test the triggering and inflation 
    systems of dynamic head protection systems as part of testing conducted 
    for certification to Standard 214. The agency notes that this test 
    would not measure the performance of dynamic systems intended to 
    provide head protection in frontal or rearward impacts and solicits 
    comments on what test procedures, including those now contained in 
    Standard 208 and Standard 301, might be used for this purpose.
        As this proposed test would not actually measure the performance of 
    dynamic head protection systems in protecting against impacts, the 
    agency is also proposing that the system must reach full deployment 
    within 30 milliseconds of the initial contact with the barrier. NHTSA 
    believes that this time period is sufficiently brief to ensure that 
    systems will deploy fully before they are contacted by occupants in a 
    side impact but requests comments on this issue. The agency also 
    requests comments on what means may be used to determine if a system 
    has reached full deployment.
        The agency is also aware that future dynamic head protection 
    systems may be designed to provide protection to occupants in front and 
    rear impacts. NHTSA solicits comments on what tests would be 
    appropriate for evaluating deployment of such systems.
    3. Target Angles
        NHTSA is proposing that testing conducted under option 2, with the 
    exception of the differing impact speeds for deployed and undeployed 
    systems for target points where a deployed system would be interposed 
    between the FMH and the target point, be identical to testing conducted 
    under option 1. Under this proposal, the target angles now specified in 
    the Standard would be used for testing under option 2, and for 19 km/h 
    (12 mph) FMH impact testing under option 3. The agency believes that 
    the use of these target angles is appropriate for both deployed and 
    undeployed devices, but solicits comments on the question of whether 
    the design of particular dynamic systems, i.e., inflatable padding (or 
    larger side air bags), would require modifications to the existing 
    target angles.
    
    B. Option 3--Testing Deployed Dynamic Systems in Full Scale 29 km/h (18 
    mph) Side Impact Into Fixed Pole
    
        NHTSA recognizes that some dynamic head protection systems now 
    under consideration may deploy from the roof rail in a downward 
    direction and interpose themselves between an occupant's head and the 
    window opening. As these systems would provide head protection by 
    preventing or cushioning impacts between the head or upper torso and 
    the vehicle interior in side impacts without necessarily having any 
    effect on the FMH impacts specified in the August 18, 1995 final rule, 
    testing either under that standard or the proposed option 2 would 
    preclude employment of these designs. However, preliminary reviews of 
    the performance of these systems in testing reveals that they may offer 
    significant safety benefits. In an effort to provide maximum 
    flexibility to manufacturers in developing dynamic head protection 
    systems, the agency is proposing to offer manufacturers the option of 
    demonstrating compliance with Standard 201 through an optional test 
    procedure combining the existing 24 km/h (15 mph) FMH impact, a 19 km/h 
    (12 mph) FMH impact in the undeployed mode for points directly over an 
    undeployed dynamic system (including attachment and inflation 
    mechanisms) and a full scale side impact test with a 29 km/h (18 mph) 
    side impact into a 254 mm (10 inch) rigid pole. In the latter test, the 
    subject vehicle would be propelled into the pole so that the pole would 
    impact at the center of gravity of the head of a seated dummy 
    positioned on the designated front outboard seating position of the 
    struck side. Since the FMH cannot be used for evaluating HIC in such an 
    impact and the Hybrid III head and neck assembly appears to be the most 
    biofidelic test device currently available, the agency is also 
    proposing that the Hybrid III head and neck be used with the existing 
    SID dummy for this test.
        Although the agency is considering the use of test dummies in both 
    front and rear outboard seating positions in the pole test, it is 
    currently proposing that a dummy be positioned in the front seat alone. 
    NHTSA believes that a single dummy will be adequate to measure the 
    effectiveness of dynamic systems in the pole test. Nonetheless, the 
    agency is concerned that certain systems may only protect front seat 
    occupants. This concern becomes heightened by the possibility that some 
    designs may be, in the undeployed mode, located under target points 
    that may be encountered by a rear seat occupant in a crash. As these 
    target points would only be required to provide protection against a 19 
    km/h (12 mph) FMH impact, rear seat occupants who are not protected by 
    the deployed system may encounter an increased risk of injury. The 
    agency requests comments on the capability of dynamic systems to 
    provide protection to rear seat occupants as well as the efficacy and 
    consequences of placing an instrumented dummy in the rear outboard 
    position on the struck side for the pole test.
        In the March 7, 1996 ANPRM, the agency indicated that it was 
    considering proposing the use of either a Moving Deformable Barrier 
    (MDB) impact test with an impact speed of 50 km/h (31 mph) or a 30 km/h 
    (18.6 mph) pole test as one of the options for testing dynamic head 
    protection systems. After reviewing the comments received in response 
    to the ANPRM and other available data indicating that the use of the 
    MDB would not result in impacts severe enough to assess head 
    protection, the agency is now proposing adoption of the pole test. The 
    agency believes that the pole test is a more appropriate choice. Crash 
    data reveals that serious to fatal injuries in side impacts are most 
    likely to involve the head, chest and abdomen. These data also reveal 
    that while vehicle-to-vehicle impacts, those simulated by MDB impacts, 
    represent over 80 percent of side impact crashes with serious to fatal 
    injuries, the much smaller percentage of impacts with narrow objects 
    result in a disproportionately high rate of fatalities and injuries. 
    These impacts with narrow objects, which are represented by the pole 
    test, also present a serious safety concern. Use of the pole test, 
    which simulates head impacts found in accident scenarios that cannot be 
    reproduced using the MDB, provides a means for evaluating head 
    protection systems and, in conjunction with the requirements of 
    Standard 214, would promote a higher level of safety in side impacts. 
    Accordingly, the agency has decided to propose under Option 3 that a 19 
    km/h (12 mph) FMH impact test for those points directly over an 
    undeployed system and 29 km/h (18 mph) pole test be employed rather 
    than the 50 km/h (31 mph) barrier test.
        NHTSA notes that under option 3, manufacturers choosing to employ 
    dynamic systems whose components are not stored in roof rails or other 
    areas covered by Standard 201 would be required to meet the 24 km/h (15 
    mph) FMH impact test even though such a system, in its deployed state, 
    may provide head protection against impact with the target points 
    specified in this standard. The agency, therefore, requests comments on 
    whether a dynamic system which, when deployed and observed in a side 
    view, completely covers the 95th percentile ellipse as defined in SAE 
    Recommended Practice J941--Motor Vehicle Driver's Eye Locations (June 
    92) would provide
    
    [[Page 45210]]
    
    protection against impacts with targets on the A-pillar, B-pillar and 
    side rails.
    1. Impact Speed
        NHTSA believes that a 29 km/h (18 mph) impact speed is appropriate 
    for the pole test. The agency notes that existing test data indicate 
    that impacts into a rigid pole aligned with the center of gravity of 
    the dummy's head will, in vehicles without dynamic systems, result in 
    severe impacts with interior structures and/or the pole itself 
    resulting in HIC values equivalent to fatal or near fatal injury. While 
    this test is a severe test, review of test data from prototype dynamic 
    systems indicates that these systems have the capability to provide 
    sufficient protection to the head so that the HIC score resulting from 
    such an impact is at or near the current standard. In the agency's 
    view, the severity of this test and the anticipated safety benefit of 
    systems that meet it, are such that any decrease in safety benefits 
    resulting from the specification of a 19 km/h (12 mph) FMH impact 
    instead of a 24 km/h (15 mph) FMH impact into the undeployed system 
    would be offset by the reduction of severe or fatal injury in higher 
    speed impacts where the deployed system would provide superior 
    protection, particularly in collisions with narrow fixed objects.
    2. Rigid Pole
        The agency is proposing that the rigid pole shall be a vertically 
    oriented metal structure beginning no more than 102 millimeters (4 
    inches) off the ground and extending to a minimum height of 2032 
    millimeters (80 inches). The pole would be 254 millimeters (10 inches) 
    in diameter and mounted so that no part of its supporting structure 
    would contact the test vehicle at any time after the vehicle's initial 
    contact with the pole.
    3. Impact Angle
        The agency is currently proposing that the striking vehicle would 
    strike the pole at an angle of 90 degrees. However, crash data 
    indicates that impacts within the range of 30 to 60 degrees may be more 
    representative of actual impacts. NHTSA therefore solicits comments on 
    whether such impact angles would result in a test procedure better 
    suited for evaluating performance in a crash. The agency is also 
    concerned that the use of angles smaller than 90 degrees may present 
    technical challenges in testing and solicits comments on this issue as 
    well.
    4. Propulsion System
        NHTSA is not proposing to specify the manner in which a vehicle is 
    propelled into the pole. As outlined in the PRE, the agency has 
    examined a variety of test configurations for moving test vehicles 
    sideways into the rigid pole, including mounting the vehicle on a test 
    cart or employing low friction pads under the test vehicle's tires, and 
    believes that such a test can be performed with sufficient accuracy, 
    repeatability and reproducibility. Nonetheless, the agency has concerns 
    about the effects of differing means of propelling test vehicles 
    sideways while controlling pitch, yaw and roll and solicits comments on 
    overcoming friction and controlling vehicle attitudes while conducting 
    the proposed option 3 test.
    5. Impact Point
        The agency is proposing that the impact specified in option 3 
    occurs with the center line of the rigid pole aligned with the impact 
    reference line on the struck side of the vehicle, passing through, in 
    the lateral direction, the center of gravity of the head of the dummy 
    located in the front outboard seating position. This dummy, and the 
    vehicle seat, would be positioned in accordance with the procedures 
    specified in Standard 214, if this positions the dummy's head such that 
    the point at the intersection of the rear surface of its head and a 
    horizontal line parallel to the longitudinal centerline of the vehicle 
    passing through the head's center of gravity is at least 50 mm (2 
    inches) forward of the front edge of the B-pillar at that same 
    horizontal location. If not, the seat back angle is to be adjusted, a 
    maximum of 5 degrees, until the 50 mm (2 inches) B-pillar clearance is 
    achieved. If this is not sufficient to produce the desired clearance, 
    the seat is to be moved forward to achieve that result. The initial 
    pole-to-vehicle contact must occur within an area bounded by two 
    transverse vertical planes located 38 mm (1.5 inches) forward and aft 
    of the impact reference line. NHTSA notes that experience in conducting 
    this type of test is, compared to Standard 214 tests, somewhat limited. 
    Based on its knowledge gained in conducting Standard 214 tests, the 
    agency believes that a tolerance of +/-38 mm (1.5 inches) is sufficient 
    for the pole test. The agency requests comments on the degree of 
    difficulty of achieving an impact within the ranges specified above and 
    the feasibility of using the existing-Standard 214 seat positioning and 
    dummy seating procedures and/or the proposed modifications to those 
    procedures.
    6. SID/H3 Test Dummy
        NHTSA is proposing specifications and qualification requirements 
    for the SID/H3 dummy, which would be set forth in subpart M of part 
    572. The specifications consist of a drawing package containing all of 
    the technical details of the redesigned neck bracket. NHTSA believes 
    that these drawings and specifications would ensure that the resulting 
    SID/H3 dummies vary little in their construction. Performance criteria 
    would serve as calibration checks and further assure the uniformity of 
    dummy assembly, construction, and instrumentation. As a result, the 
    repeatability of performance in impact testing would be ensured.
        The SID/H3 combination was developed as part of NHTSA's research 
    program, and is essentially a Hybrid III dummy head and neck mounted to 
    a modified SID torso. The modifications include replacing the existing 
    SID neck bracket with a new neck bracket. Without this modification, 
    the use of the Hybrid III head and neck with the SID torso results in a 
    head center of gravity that is 38 mm (1.5 inches) higher than that of 
    the SID head mounted on the SID torso. In order to retain the same neck 
    alignment and head profile as the existing SID, the new neck bracket, 
    when used to mount the Hybrid III head and neck, results in the CG of 
    the Hybrid III head being 19 mm (0.75 inches) higher than the CG of the 
    SID head when mounted on the SID torso. In addition, adoption of the 
    Hybrid III neck component and the new neck bracket would add a 
    negligible amount of weight, 0.59 kilograms (1.3 pounds), to the SID 
    dummy. NHTSA believes that the resulting head CG height and neck weight 
    would not pose any obstacle to the use of the SID/H3 dummy because the 
    new dummy seating height is nearly identical to that of the SID and the 
    weight is still less than that of the Hybrid III. The Hybrid III head 
    is instrumented with a tri-axial accelerometer package, positioned to 
    measure the acceleration of the center of gravity. This permits the 
    measurement of HIC.
        The agency believes that this SID/H3 combination, which joins 
    proven components of existing dummies through the use of a redesigned 
    neck bracket, is the best configuration currently available for 
    evaluating head and neck behavior in side impacts.
    7. Biofidelity
        Biofidelity is a measure of how well a test device duplicates the 
    responses of a human being in an impact. The Hybrid III dummy is 
    specified in Standard No. 208. Its biofidelity in frontal impacts is 
    well accepted, particularly for forehead impacts. SID, or the Side 
    Impact Dummy, is specified for use in Standard
    
    [[Page 45211]]
    
    214. Its biofidelity in assessing damage to the thorax and pelvis in 
    side impacts is also well accepted. Therefore, NHTSA's concern, in 
    developing a component test using the SID/H3 combination, was whether 
    the Hybrid III head and neck responses for lateral acceleration could 
    provide a valid basis for the evaluation of human injury in such 
    impacts.
        The agency notes that the biofidelity of the Hybrid III head and 
    neck in lateral impacts has been evaluated by the international 
    biomechanics community, as well as by NHTSA. NHTSA conducted a review 
    of research in which the Hybrid III head and neck were subjected to 
    head drop and neck pendulum tests. The results and methodology of this 
    drop testing were compared with data obtained on head impact tests 
    performed on cadavers. A comparison of the relationship between 
    acceleration and HIC scores for both the cadavers and the Hybrid III 
    head indicates that the lateral impact responses of the Hybrid III head 
    is representative of human cadavers up to HIC scores of 2500. Since 
    lateral impacts with dynamic head protection systems or other interior 
    components are likely to produce accelerations and HIC scores within 
    this range, the agency has concluded the Hybrid III head may be used to 
    assess these impacts. The biofidelity rating for the Hybrid III head 
    and neck and the SID torso, based on existing data, is far beyond the 
    minimum acceptable level for side impact evaluation.
    8. Repeatability and Reproducibility
        NHTSA has evaluated the repeatability and reproducibility of the 
    proposed test procedure, with particular focus on the HIC responses. 
    Repeatability refers in this context to the control of variation of 
    SID/H3 responses in replicate tests using the same dummy, while 
    reproducibility refers to control of variation of SID/H3 responses in 
    replicate tests using different dummies.
        The agency considers +/-10 percent to be an acceptable range of 
    variability and a measure of good repeatability or reproducibility, 
    while +/-5 percent is considered to be highly acceptable variability 
    and an indicator of excellent repeatability or reproducibility.
        As a starting point, the agency notes that it has previously 
    determined that the Hybrid III head, as a component of the full Hybrid 
    III dummy, has highly acceptable variability or excellent repeatability 
    and reproducibility in frontal crashes. NHTSA also notes that the 
    biofidelity of the Hybrid III head and neck in lateral impact was 
    examined in a series of head drop tests and head/neck assembly pendulum 
    impact tests by two GM researchers in 1990. In addition to examination 
    of the GM tests, NHTSA conducted a series of drop tests on the Hybrid 
    III head and pendulum tests on the Hybrid III head and neck assembly. 
    These tests were designed to provide a controlled impact environment so 
    that any variability was limited to the Hybrid III components and the 
    test procedure.
        The agency found that the average percent variation for peak head 
    resultant acceleration for the Hybrid III head in lateral drop tests is 
    highly acceptable. The degree of variation encountered indicated that 
    repeatability and reproducibility for the tests were excellent. Lateral 
    pendulum impact tests on the head/neck assembly indicated that the 
    average percent variation for occipital moment was excellent for both 
    repeatability and reproducibility. The average percent variation for 
    neck rotation was excellent for repeatability and good (nearly 
    excellent) for reproducibility. In addition, the SID/H3 combination was 
    tested through a series of 29 km/h (18 mph) sled lateral impact tests. 
    Two vertical, rigid plates were mounted perpendicular to the direction 
    of motion of the sled, at the head and the torso heights, respectively. 
    During the test, the head and the torso would impact the plates. Two 
    test series, each with three tests, were conducted using a SID/H3 dummy 
    with the standard or the new neck brackets. The test results show 
    nearly the same average HIC values (within 4 percent) and the average 
    percent variations indicating that repeatability for HIC is excellent.
        Based on the above tests and analyses, which are described in more 
    detail in the PRE, NHTSA has tentatively concluded that the 
    repeatability and reproducibility of the proposed SID/H3 are sufficient 
    for this rulemaking.
    
    V. Performance Requirements
    
        In this rulemaking, NHTSA is proposing to require passenger cars 
    and LTVs not to exceed specified HIC(d) limits when any of the 
    specified upper interior components are impacted by the FMH in 
    accordance with the specified test procedure or specified HIC limits 
    when SID/H3 dummies are employed in the side impact crash test outlined 
    in option 3. As indicated in the present version of Standard 201, 
    HIC(d) is calculated when using the FMH and represents the HIC that 
    would be experienced by a full dummy or actual vehicle occupant.
        The agency is proposing a single, across-the-board limit of HIC(d) 
    1000 for all specific upper interior components whether protected by a 
    dynamic system or not and regardless of whether the system is deployed 
    or undeployed. When testing of a dynamic system is undertaken under 
    option 3, involving the full side impact pole test and a SID/H3 dummy, 
    the upper limit would also be a HIC(d) of 1000.
    
    VI. Costs
    
        Evaluation of costs associated with this proposed rule is 
    conditioned by several factors. The proposed amendments would not 
    impose any new performance requirements. Instead, these changes are 
    being instituted to enable vehicle manufacturers to use innovative 
    technologies to further occupant protection. Only those manufacturers 
    deciding to install those technologies would be subject to the new 
    requirements. Since no new requirements are included in the proposal, 
    the costs incurred would be compliance test costs and expenses rather 
    than vehicle costs relating to the design and implementation of safety 
    countermeasures. Since the proposed optional test procedures are still 
    under development, a complete accounting of test costs cannot be 
    produced at this time.
        The compliance costs for the proposed option 1 would be the same as 
    those for the August 1995 final rule. Compliance costs for the proposed 
    option 2 test would only be slightly higher due to the additional 
    requirement of testing system deployment through employment of the 
    Standard 214 lateral moving barrier crash test. Assuming that a 
    Standard 214 lateral crash test was performed solely for the purpose of 
    testing system deployment, NHTSA estimates that each test would cost 
    approximately $10,000, plus the cost of the test vehicle.
        The agency believes that proposed test option 3 would require the 
    greatest expenditure among all the test options. NHTSA estimates that 
    the pole test would cost in the range of $10,000 to $13,000 (excluding 
    the cost of the test vehicle) with an additional $1,750 for calibration 
    tests for the head, neck, lumbar spine, thorax, and pelvis. The cost of 
    fabricating a new neck bracket for joining the Hybrid III head to the 
    SID torso is estimated to be approximately $200 to $300. Due to the use 
    of existing SID torsos, Hybrid III head/neck hardware and standard 
    laboratory calibration equipment, NHTSA believes that there would be 
    little or no extra costs for the pole test beyond the test itself. The 
    severity of the pole test would not create a need for more rib 
    replacements than currently
    
    [[Page 45212]]
    
    experienced in side crash testing. Further, most, if not all, crash 
    test facilities have a fixed frontal barrier with a pole crash test 
    hardware that can be installed as an option. Pole tests using both 
    fixed and moving poles have been conducted by manufacturers for 
    research and development purposes for 30 years. Some of the roll, pitch 
    and yaw specifications (to be determined), needed to control the 
    relationship of the pole centerline to head CG, may add cost to the 
    existing Tow cable and rail systems. For example, a pair of above 
    ground stabilization rails and trollies may cost an added $15,000 to 
    $20,000 per facility to build, fabricate and install. Roll, pitch and 
    yaw instrumentation may be needed to measure compliance with the test 
    procedure boundaries.
    
    VII. Benefits
    
        NHTSA's analysis of benefits is presented in the PRE. This analysis 
    is necessarily incomplete due to the fact that the design, research and 
    development of dynamic head protection systems is still in its infancy. 
    Nonetheless, the agency was able to provide a benefits estimate through 
    the use of prior analyses prepared for the existing version of Standard 
    201 and test data provided by BMW obtained from testing of the 
    Inflatable Tubular System (ITS). Estimates of the effectiveness of the 
    ITS system were applied to a baseline HIC distribution prepared for the 
    August 1995 final rule. Use of this analysis indicated that if systems 
    whose effectiveness was equivalent to the BMW ITS were employed in the 
    existing passenger car and light truck fleet there would be 572-655 
    fewer fatalities and 640-990 fewer moderate to critical nonfatal 
    injuries each year.
        NHTSA also recognizes that the proposed modifications to Standard 
    201 might also increase the risk of injury in lower speed crashes. As 
    noted above, those manufacturers availing themselves of option 2 to 
    test dynamic systems would perform FMH impact tests at 19 km/h (12 mph) 
    into an undeployed system and 29 km/h (18 mph) into a deployed system. 
    The agency calculates that reducing the impact speed for the FMH under 
    options 2 and 3 to 19 km/h (12 mph) from the 24 km/h (15 mph) impact 
    used under the August 18, 1995 final rule would result in 1075 more 
    MAIS 1-3 injuries. However, increasing the impact speed from 24 to 29 
    km/h (18 mph) when the FMH is impacted into a deployed system would, in 
    NHTSA's estimation (using the Mertz-Prasad method), result in systems 
    that would prevent 119 fatalities and 125 MAIS 4 and 5 injuries. 
    (Calculations using the Lognormal method show an increase of 1,273 MAIS 
    1 injuries but 311 fewer fatalities as well as 512 fewer MAIS 2-5 
    injuries).
        Since NHTSA is not proposing to mandate systems meeting either 
    option 2 or option 3 (such as the BMW ITS), it is difficult to predict 
    which manufacturers would choose to install dynamic systems and what 
    the effectiveness of each system would be. The agency's preliminary 
    analysis, however, makes it clear that these systems would reduce fatal 
    and near fatal injuries.
    
    VIII. Effective Date
    
        The agency is proposing that the final rule become effective 30 
    days after it is published. NHTSA is proposing that the final rule's 
    effective date be less than 180 days after publication in an effort to 
    facilitate the early introduction of dynamic systems that may be in an 
    advanced stage of development or actually in production. As production 
    of vehicles with dynamic systems may begin prior to the effective date 
    of the final rule, NHTSA will allow manufacturers of such vehicles to 
    include them in their calculation of complying vehicles under S6.1.5 if 
    such vehicles meet the requirements of S6.1(b) or S6.1(c) as 
    promulgated in the final rule.
    
    IX. Risk of Injury
    
        In the request for comments contained in the March 7, 1996 ANPRM, 
    the agency requested information on the potential, if any, for 
    increased neck injury as the result of the deployment of dynamic head 
    protection systems. Commenters responding to this inquiry indicated 
    either that there was insufficient information to address this concern 
    or, in the case of Mercedes and BMW, preliminary evaluations of dynamic 
    systems indicated that they did not increase stress on the neck. NHTSA 
    has not performed any significant research or testing on this issue. 
    Therefore, the agency requests comments on the issue of whether the use 
    of dynamic head protection systems would increase neck loads and 
    potential injuries in a crash.
        The agency is also concerned that the use of dynamic head 
    protection systems such as inflatable padding, side air bags or similar 
    systems that deploy across window openings, might pose other risks to 
    occupants. One concern is that the use of pyrotechnic inflators, and to 
    a lesser extent compressed gas inflators, may be a source of auditory 
    pain or injury. NHTSA notes that dynamic head protection devices may 
    require placement of inflators in relatively close proximity to the 
    ears of vehicle occupants. In addition, deployment of the dynamic 
    systems themselves may have the potential for exposing the ear to noise 
    and pressure, particularly if the occupants are out-of-position. The 
    agency solicits comments on the issue of whether dynamic systems have 
    the potential to cause injury to the ear and auditory system of 
    occupants.
        Unlike conventional air bag systems designed to protect occupants 
    in frontal crashes, side impact air bags and dynamic head protection 
    systems are in a comparatively early stage of development. In addition, 
    the agency anticipates that these systems may exist in a variety of 
    configurations, each offering specific advantages and disadvantages. 
    Under these conditions, NHTSA recognizes that knowledge of the 
    characteristics of dynamic systems may be limited. Nonetheless, the 
    agency is concerned that dynamic systems may have the potential to 
    cause injury to particular classes of vehicle occupants, particularly 
    those who are unrestrained and out of position at the time of 
    deployment. The agency solicits comments regarding the possibility of 
    increased injury, if any, posed to occupants by dynamic systems 
    including unrestrained occupants, occupants small in size or weight and 
    children secured in child seats and infant carriers.
        This proposed rule would not have any retroactive effect. Under 
    section 103(d) of the National Traffic and Motor Vehicle Safety Act 
    (Safety Act; 15 U.S.C. 1392(d)), 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. Section 105 of the 
    Safety Act (15 U.S.C. 1394) 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.
    
    X. Rulemaking Analyses and Notices
    
    A. 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
    
    [[Page 45213]]
    
    rulemaking document was reviewed under E.O. 12866, ``Regulatory 
    Planning and Review'' and is considered significant under the 
    Department of Transportation's regulatory policies and procedures.
        The agency has prepared a Preliminary Regulatory Evaluation 
    describing the economic and other effects of this rulemaking action. 
    Summary discussions of many of those effects are provided above. For 
    persons wishing to examine the full analysis, a copy is being placed in 
    the docket.
    
    B. Regulatory Flexibility Act
    
        NHTSA has also considered the effects of this rulemaking action 
    under the Regulatory Flexibility Act. I hereby certify that it would 
    not have a significant economic impact on a substantial number of small 
    entities. The cost of new passenger cars or light trucks would not be 
    affected by the proposed amendment. The proposed amendment would 
    primarily affect passenger car and light truck manufacturers which are 
    not small entities under 5 U.S.C. 605(b). The Small Business 
    Administration's regulations at 13 CFR Part 121 define a small 
    business, in part, as a business entity ``which operates primarily 
    within the United States.'' (13 CFR Sec. 121.105(a)).
        The agency estimates that there are at most five small 
    manufacturers of passenger cars in the U.S., producing a combined total 
    of at most 500 cars each year. The agency does not believe small 
    businesses manufacture even 0.1 percent of total U.S. passenger car and 
    light truck production each year. The primary cost effect of the 
    proposed requirements would be on manufacturers of passenger cars and 
    LTVs. Final stage manufacturers are generally small businesses. 
    However, NHTSA believes that the proposed requirements would not be 
    burdensome for final stage manufacturers. The amendments proposed in 
    this rulemaking do not impose any additional mandatory requirements on 
    manufacturers or final stage manufacturers but rather provide these 
    manufacturers with a means for evaluating advanced dynamic head 
    protection systems should they choose to install such systems. Further, 
    since two of the options the agency is proposing are component tests, a 
    final stage manufacturer could test, or could sponsor a test, of a 
    padded component or dynamic system outside of the vehicle on a test 
    fixture, to the extent such testing may be needed to support 
    certification. Manufacturer associations could also sponsor generic 
    tests to determine the amount and type of padding or design of dynamic 
    system needed for basic structures that would be used by a number of 
    final stage manufacturers, to reduce certification costs.
        Other entities which would qualify as small businesses, small 
    organizations and governmental units would be affected by this rule to 
    the extent that they purchase passenger cars and LTVs. They would not 
    be significantly affected, since the potential cost increases 
    associated with this action should only slightly affect the purchase 
    price of new motor vehicles. Accordingly, the agency has not prepared a 
    preliminary regulatory flexibility analysis.
    
    C. National Environmental Policy Act
    
        NHTSA has analyzed this rulemaking action for the purposes of the 
    National Environmental Policy Act. The agency has determined that 
    implementation of this action would not have any significant impact on 
    the quality of the human environment.
    
    D. Executive Order 12612 (Federalism) and Unfunded Mandates Act
    
        The agency has analyzed this rulemaking action in accordance with 
    the principles and criteria set forth in Executive Order 12612. NHTSA 
    has determined that the amendment does not have sufficient federalism 
    implications to warrant the preparation of a Federalism Assessment.
        In issuing this proposal to permit optional testing to accommodate 
    dynamic head protections systems, the agency notes, for the purposes of 
    the Unfunded Mandates Act, that it is pursuing the least cost 
    alternative. As noted above, any manufacturer may choose one of three 
    options to test for compliance with Standard 201, including the test 
    procedure established in the August 18, 1995 final rule. As this 
    rulemaking does not require manufacturers to meet new minimum 
    performance requirements but sets minimum performance criteria for 
    optional systems, it does not impose new costs.
    
    E. Civil Justice Reform
    
        This proposed amendment does not have any retroactive effect. Under 
    49 U.S.C. 21403, 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. 21461 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.
    
    XI. Submission of Comments
    
        Interested persons are invited to submit comments on the proposal. 
    It is requested but not required that 10 copies be submitted.
        All comments must not exceed 15 pages in length. (49 CFR 553.21). 
    Necessary attachments may be appended to these submissions without 
    regard to the 15-page limit. This limitation is intended to encourage 
    commenters to detail their primary arguments in a concise fashion.
        If a commenter wishes to submit certain information under a claim 
    of confidentiality, three copies of the complete submission, including 
    purportedly confidential business information, should be submitted to 
    the Chief Counsel, NHTSA, at the street address given above, and seven 
    copies from which the purportedly confidential information has been 
    deleted should be submitted to the Docket Section. A request for 
    confidentiality should be accompanied by a cover letter setting forth 
    the information specified in the agency's confidential business 
    information regulation. 49 CFR part 512.
        All comments received before the close of business on the comment 
    closing date indicated above for the proposal will be considered, and 
    will be available for examination in the docket at the above address 
    both before and after that date. To the extent possible, comments filed 
    after the closing date will also be considered. Comments received too 
    late for consideration in regard to the final rule will be considered 
    as suggestions for further rulemaking action. Comments on the proposal 
    will be available for inspection in the docket. The NHTSA will continue 
    to file relevant information as it becomes available in the docket 
    after the closing date, and it is recommended that interested persons 
    continue to examine the docket for new material.
        Those persons desiring to be notified upon receipt of their 
    comments in the rules docket should enclose a self-addressed, stamped 
    postcard in the envelope with their comments. Upon receiving the 
    comments, the docket supervisor will return the postcard by mail.
    
    [[Page 45214]]
    
    List of Subjects in 49 CFR Part 571
    
        Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
    products, Tires.
    
        In consideration of the foregoing, 49 CFR part 571 would be amended 
    as follows:
    
    PART 571.201--[AMENDED]
    
        1. The authority citation for part 571 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 322, 21411, 21415, 21417, and 21466; 
    delegation of authority at 49 CFR 1.50.
    
    Sec. 571.201  [Amended]
    
        2. Section 571.201 would be amended by adding a definition of 
    Dynamically deployed interior protection system to S3, revising S6.1, 
    S6.2 and S7, and by adding S8.13.3 and S8.16 through S8.28 as follows:
        S3.  Definitions
    * * * * *
        Dynamically deployed interior protection system means a protective 
    device or devices which are integrated into a vehicle and which, when 
    activated by an impact to or by the vehicle, provides, through means 
    requiring no action from occupants, protection against head impacts 
    with interior structures and components of the vehicle in crashes.
    * * * * *
        S6.1  Vehicles manufactured on or after September 1, 1998 and 
    before September 1, 2002. Except as provided in S6.3, for vehicles 
    manufactured on or after September 1, 1998 and before September 1, 
    2002, a percentage of the manufacturer's production, as specified in 
    S6.1.1, S6.1.2, S6.1.3, or S6.1.4, shall conform, at the manufacturer's 
    option with said option selected prior to, or at the time of, 
    certification of the vehicle, to one of the following:
        (a) When tested under the conditions of S8, comply with the 
    requirements specified in S7 at the target locations specified in S10 
    when impacted by the free motion headform specified in S8.9 at any 
    speed up to and including 24 km/h (15 mph). The requirements do not 
    apply to any target that cannot be located using the procedures of S10.
        (b) When equipped with a Dynamically Deployed Interior Protection 
    system and tested under the conditions of S8, comply with the 
    requirements specified in S7 at the target locations specified in S10 
    when impacted by the free motion headform specified in S8.9 at any 
    speed up to and including 24 km/h (15 mph). For target locations 
    specified in S10 that, when the Dynamically Deployed Interior 
    Protection system is not deployed, are, when viewed from any of the 
    angles specified in S8.13.4, over the stowed system, including mounting 
    and inflation components but exclusive of any cover or covers, comply 
    with the requirements specified in S7 when impacted by the free motion 
    headform specified in S8.9 and tested under the conditions of S8 at any 
    speed up to and including 19 km/h (12 mph) with the system undeployed. 
    For target locations specified in S10 that, when the Dynamically 
    Deployed Interior Protection system is not deployed, are, when viewed 
    from any of the angles specified in S8.13.4, over the stowed system, 
    including mounting and inflation components but exclusive of any cover 
    or covers, comply with the requirements specified in S7 when impacted 
    by the free motion headform specified in S8.9 and tested under the 
    conditions of S8 at any speed up to and including 29 km/h (18 mph) with 
    the system fully deployed. The requirements do not apply to any target 
    that can not be located using the procedures of S10. The dynamic system 
    shall, when tested under the lateral impact of S6.12 of Standard No. 
    214, 49 CFR 571.214, deploy fully within 30 milliseconds.
        (c) When equipped with a Dynamically Deployed Interior Protection 
    system and tested under the conditions of S8, comply with the 
    requirements specified in S7 at the target locations specified in S10 
    when impacted by the free motion headform specified in S8.9 at any 
    speed up to and including 24 km/h (15 mph). For those target locations 
    specified in S10 that when the Dynamically Deployed Interior Protection 
    system is not deployed, are over the stowed system, including mounting 
    and inflation components but exclusive of any cover or covers, when 
    viewed from any of the angles specified in S8.13.4, comply with the 
    requirements specified in S7 when impacted by the free motion headform 
    specified in S8.9 and tested under the conditions of S8 at any speed up 
    to and including 19 km/h (12 mph) with the system undeployed. The 
    requirements do not apply to any target that can not be located using 
    the procedures of S10. Each vehicle shall, when equipped with a dummy 
    test device specified in 49 CFR part 572, subpart M, and tested under 
    conditions of S8.16 through S8.28, comply with the requirements 
    specified in S7 when laterally crashed into a fixed, rigid pole of 254 
    mm in diameter, at any velocity up to and including 29 kilometers per 
    hour.
    * * * * *
        S6.2  Vehicles manufactured on or after September 1, 2002. Except 
    as provided in S6.3, vehicles manufactured on or after September 1, 
    2002 shall, when tested under the conditions of S8, conform, at the 
    manufacturer's option with said option selected prior to, or at the 
    time of, certification of the vehicle, to one of the following:
        (a) When tested under the conditions of S8, comply with the 
    requirements specified in S7 at the target locations specified in S10 
    when impacted by the free motion headform specified in S8.9 at any 
    speed up to and including 24 km/h (15 mph). The requirements do not 
    apply to any target that cannot be located using the procedures of S10.
        (b) When equipped with a Dynamically Deployed Interior Protection 
    system and tested under the conditions of S8, comply with the 
    requirements specified in S7 at the target locations specified in S10 
    when impacted by the free motion headform specified in S8.9 at any 
    speed up to and including 24 km/h (15 mph). For target locations 
    specified in S10 that, when the Dynamically Deployed Interior 
    Protection system is not deployed, are, when viewed from any of the 
    angles specified in S8.13.4, over the stowed system, including mounting 
    and inflation components but exclusive of any cover or covers, comply 
    with the requirements specified in S7 when impacted by the free motion 
    headform specified in S8.9 and tested under the conditions of S8 at any 
    speed up to and including 19 km/h (12 mph) with the system undeployed. 
    For target locations specified in S10 that, when the Dynamically 
    Deployed Interior Protection system is not deployed, are, when viewed 
    from any of the angles specified in S8.13.4, over the stowed system, 
    including mounting and inflation components but exclusive of any cover 
    or covers, comply with the requirements specified in S7 when impacted 
    by the free motion headform specified in S8.9 and tested under the 
    conditions of S8 at any speed up to and including 29 km/h (18 mph) with 
    the system fully deployed. The requirements do not apply to any target 
    that can not be located using the procedures of S10. The dynamic system 
    shall, when tested under the lateral impact of S6.12 of Standard No. 
    214, 49 CFR 571.214, deploy fully within 30 milliseconds.
        (c) When equipped with a Dynamically Deployed Interior Protection 
    system and tested under the conditions of S8, comply with the 
    requirements specified in S7 at the target locations specified in S10 
    when impacted by the free motion headform
    
    [[Page 45215]]
    
    specified in S8.9 at any speed up to and including 24 km/h (15 mph). 
    For those target locations specified in S10 that when the Dynamically 
    Deployed Interior Protection system is not deployed, are over the 
    stowed system, including mounting and inflation components but 
    exclusive of any cover or covers, when viewed from any of the angles 
    specified in S8.13.4, comply with the requirements specified in S7 when 
    impacted by the free motion headform specified in S8.9 and tested under 
    the conditions of S8 at any speed up to and including 19 km/h (12 mph) 
    with the system undeployed. The requirements do not apply to any target 
    that can not be located using the procedures of S10. Each vehicle 
    shall, when equipped with a dummy test device specified in Part 572, 
    Subpart M, and tested under conditions of S8.16 through S8.28, comply 
    with the requirements specified in S7 when laterally crashed into a 
    fixed, rigid pole of 254 mm in diameter, at any velocity up to and 
    including 29 kilometers per hour.
    * * * * *
        S7 Performance Criterion. The HIC(d) shall not exceed 1000 when 
    calculated in accordance with the following formula:
    
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        Where the term a is the resultant head acceleration expressed as a 
    multiple of g (the acceleration of gravity), and t1 and t2 are any two 
    points in time during the impact which are separated by not more than a 
    36 millisecond time interval.
        (a) For the free motion headform; HIC(d) = 0.75446 (free motion 
    headform HIC) + 166.4.
        (b) For the 49 CFR part 572, subpart M, anthropomorphic test dummy;
    
    HIC(d) = HIC
    * * * * *
        S8  Test conditions.
    * * * * *
        S8.13  * * *
        S8.13.3  At the time of initial contact between the headform and 
    the vehicle interior surface, except for the testing of a fully 
    deployed dynamic system, some portion of the forehead impact zone of 
    the headform contacts some portion of the target circle.
    * * * * *
        S8.16  Test weight--vehicle to pole test. Each vehicle is loaded to 
    its unloaded vehicle weight, plus 136 kilograms of its rated cargo and 
    luggage capacity (whichever is less), secured in the luggage or load-
    carrying area, plus the weight of the necessary anthropomorphic test 
    dummy. Any added test equipment is located away from impact areas in 
    secure places in the vehicle.
        S8.17  Vehicle test attitude--vehicle to pole test. Determine the 
    distance between a level surface and a standard reference point on the 
    test vehicle's body, directly above each wheel opening, when the 
    vehicle is in its ``as delivered'' condition. The ``as delivered'' 
    condition is the vehicle as received at the test site, filled to 100 
    percent of all fluid capacities and with all tires inflated to the 
    manufacturer's specifications listed on the vehicle's tire placard. 
    Determine the distance between the same level surface and the same 
    standard reference points in the vehicle's ``fully loaded condition.'' 
    The ``fully loaded condition'' is the test vehicle loaded in accordance 
    with S8.16. The load placed in the cargo area is centered over the 
    longitudinal centerline of the vehicle. The pretest vehicle attitude is 
    the same as either the ``as delivered'' or ``fully loaded'' attitude or 
    is between the ``as delivered'' attitude and the ``fully loaded'' 
    attitude.
        S8.18  Adjustable seats--vehicle to pole test. Adjustable seats are 
    placed in the adjustment position so that the 49 CFR part 572, subpart 
    M dummy is situated, when positioned as specified in S8.28, so the 
    point at the intersection of the rear surface of the dummy's head and a 
    horizontal line parallel to the longitudinal centerline of the vehicle 
    passing through the head's center of gravity is at least 50 mm (2 
    inches) forward of the front edge of the B-pillar at that same 
    horizontal location.
        S8.19  Adjustable seat back placement--vehicle to pole test. Place 
    adjustable seat backs in the manufacturer's nominal design riding 
    position in the manner specified by the manufacturer, or in a position 
    no more than 5 degrees forward from this nominal design riding 
    position, as specified in S8.28. If the manufacturer's nominal design 
    riding position is not specified, set the seat back at the first detent 
    rearward of 25 [degrees] from the vertical, or in a position no less 
    than 20 degrees from the vertical, as allowed by S8.28. Place each 
    adjustable head restraint in its highest adjustment position. Position 
    adjustable lumbar supports so that they are set in their released, 
    i.e., full back position.
        S8.20  Adjustable steering wheels--vehicle to pole test. Adjustable 
    steering controls are adjusted so that the steering wheel hub is at the 
    geometric center of the locus it describes when it is moved through its 
    full range of driving positions.
        S8.21  Windows and sunroof--vehicle to pole test. Movable windows 
    and vents are placed in the fully open position. Any sunroof will be 
    placed in the fully closed position.
        S8.22  Convertible tops--vehicle to pole test. The top, if any, of 
    convertibles and open-body type vehicles is in the closed passenger 
    compartment configuration.
        S8.23  Doors--vehicle to pole test. Doors, including any rear 
    hatchback or tailgate, are fully closed and latched but not locked.
        S8.24  Impact reference line--vehicle to pole test. On the striking 
    side of the vehicle, place an impact reference line at the intersection 
    of the vehicle exterior side structure and a transverse vertical plane 
    passing through the center of gravity of the head of the dummy seated 
    in accordance with S8.28, in a designated front outboard seating 
    position.
        S8.25  Rigid Pole--vehicle to pole test. The rigid pole is a 
    vertical metal structure beginning no more than 102 millimeters (4 
    inches) off the ground and extending to a minimum height of 2,032 
    millimeters (80 inches). The pole is 254 mm (10 inches) in diameter and 
    set off from any mounting surface, such as a barrier or other 
    structure, so that the test vehicle will not contact such a mount or 
    support at any time before or after impact with the pole.
        S8.26  Impact configuration--vehicle to pole test. The rigid pole 
    is stationary. The test vehicle is propelled sideways so that its line 
    of forward motion forms an angle of 90 degrees with the vehicle's 
    longitudinal center line. The impact reference line is aligned with the 
    center line of the rigid pole so that, when the vehicle-to-pole contact 
    occurs, the center line of the pole contacts the vehicle area bounded 
    by two transverse vertical planes 38 mm (1.5 inches) forward and aft of 
    the impact reference line.
        S8.27  Anthropomorphic test dummy--vehicle to pole test. S8.27.1 
    The anthropomorphic test dummy used for evaluation of a vehicle's head 
    impact protection conform to the requirements of subpart M of part 572 
    of this chapter. In a test in which the test vehicle is to be struck on 
    its left side, the dummy is to be configured and instrumented to be 
    struck on its left side, in accordance with subpart M of part 572. In a 
    test in which the test vehicle is to be struck on its right side, the 
    dummy is to be configured and instrumented to be
    
    [[Page 45216]]
    
    struck on its right side, in accordance with subpart M of part 572.
        S8.27.2  The 49 CFR part 572, subpart M, test dummy specified is 
    clothed in form fitting cotton stretch garments with short sleeves and 
    midcalf length pants. Each foot of the test dummy is equipped with a 
    size 11EEE shoe, which meets the configuration size, sole, and heel 
    thickness specifications of MIL-S-13192 (1976) and weighs 0.57 +/-0.09 
    kilograms (1.25 +/-0.2 pounds).
        S8.27.3  Limb joints are set at between 1 and 2 g's. Leg joints are 
    adjusted with the torso in the supine position.
        S8.27.4  The stabilized temperature of the test dummy at the time 
    of the side impact test is at any temperature between 20.6 degrees C. 
    and 22.2 degrees C., at any relative humidity between 10 percent and 70 
    percent.
        S8.27.5  The acceleration data from the accelerometers installed 
    inside the skull cavity of the test dummy are processed according to 
    the requirements of SAE Recommended Practice J211, March 1995, 
    ``Instrumentation for Impact Tests,'' Class 1000.
        S8.28  Positioning procedure for the Part 572 Subpart M Test 
    Dummy--vehicle to pole test.
        The 49 CFR part 572, subpart M test dummy shall be positioned in 
    the front outboard seating position on the struck side of the vehicle 
    in accordance with the provisions of S7 of Standard No. 214, 49 CFR 
    571.214, and the vehicle seat shall be positioned as specified in S6.3 
    and S6.4 of that same standard. If this does not position the dummy 
    such that the point at the intersection of the rear surface of its head 
    and a horizontal line parallel to the longitudinal centerline of the 
    vehicle passing through the head's center of gravity is at least 50 mm 
    (2 inches) forward of the front edge of the B-pillar at that same 
    horizontal location, then the seat and/or dummy positions may be 
    adjusted. First, the seat back angle is to be adjusted, a maximum of 5 
    degrees, until the 50 mm (2 inches) B-pillar clearance is achieved. If 
    this is not sufficient to produce the 50 mm (2 inches) clearance, the 
    seat is to be moved forward to achieve that result. If the seat is 
    moved from the position specified in S6.3 of Standard No. 214, 49 CFR 
    571.214, the target H-point location is to be moved from that specified 
    in S7.2.1 of that standard. The horizontal and vertical distances moved 
    must be equal to those necessary to reposition the vehicle seat to 
    achieve the 50 mm (2 inches) B-pillar clearance described in this 
    section.
    
        Issued on August 19, 1997.
    L. Robert Shelton,
    Associate Administrator for Safety Performance Standards.
    [FR Doc. 97-22574 Filed 8-25-97; 8:45 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
08/26/1997
Department:
National Highway Traffic Safety Administration
Entry Type:
Proposed Rule
Action:
Notice of Proposed Rulemaking.
Document Number:
97-22574
Pages:
45202-45216 (15 pages)
Docket Numbers:
Docket No. 92-28, Notice 8
RINs:
2127-AG07: Federal Motor Vehicle Safety Standards: Head Impact Protection
RIN Links:
https://www.federalregister.gov/regulations/2127-AG07/federal-motor-vehicle-safety-standards-head-impact-protection
PDF File:
97-22574.pdf
CFR: (1)
49 CFR 571.201