Anthropomorphic Test Devices; Hybrid III 6-year-old Weighted Child Test Dummy, 77336-77341 [05-24629]
Download as PDF
<![CDATA[
wwhite on PROD1PC61 with RULES
77336
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
sewage waste treatment plant, feedlot,
or other place where decaying organic
material is found.
(ii) The term ‘‘renewable fuel’’
includes cellulosic biomass ethanol,
waste derived ethanol, biodiesel, and
any blending components derived from
renewable fuel.
(2) Cellulosic biomass ethanol means
ethanol derived from any lignocellulosic
or hemicellulosic matter that is
available on a renewable or recurring
basis, including dedicated energy crops
and trees, wood and wood residues,
plants, grasses, agricultural residues,
fibers, animal wastes and other waste
materials, and municipal solid waste.
The term also includes any ethanol
produced in facilities where animal
wastes or other waste materials are
digested or otherwise used to displace
90 percent or more of the fossil fuel
normally used in the production of
ethanol.
(3) Waste derived ethanol means
ethanol derived from animal wastes,
including poultry fats and poultry
wastes, and other waste materials, or
municipal solid waste.
(4) Small refinery means a refinery for
which the average aggregate daily crude
oil throughput for a calendar year (as
determined by dividing the aggregate
throughput for the calendar year by the
number of days in the calendar year)
does not exceed 75,000 barrels.
(5) Biodiesel means a diesel fuel
substitute produced from nonpetroleum
renewable resources that meets the
registration requirements for fuels and
fuel additives established by the
Environmental Protection Agency under
section 211 of the Clean Air Act. It
includes biodiesel derived from animal
wastes (including poultry fats and
poultry wastes) and other waste
materials, or biodiesel derived from
municipal solid waste and sludges and
oils derived from wastewater and the
treatment of wastewater.
(b) Renewable Fuel Standard for 2006.
The percentage of renewable fuel in the
total volume of gasoline sold or
dispensed to consumers in 2006 in the
United States shall be a minimum of
2.78 percent on an annual average
volume basis.
(c) Responsible parties. Parties
collectively responsible for attainment
of the standard in paragraph (b) of this
section are refiners (including blenders)
and importers of gasoline. However, a
party that is a refiner only because he
owns or operates a small refinery is
exempt from this responsibility.
(d) EPA determination of attainment.
EPA will determine after the close of
2006 whether or not the requirement in
paragraph (b) of this section has been
VerDate Aug<31>2005
17:36 Dec 29, 2005
Jkt 208001
met. EPA will base this determination
on information routinely published by
the Energy Information Administration
on the annual domestic volume of
gasoline sold or dispensed to U.S.
consumers and of ethanol produced for
use in such gasoline, supplemented by
readily available information
concerning the use in motor fuel of
other renewable fuels such as cellulosic
biomass ethanol, waste derived ethanol,
biodiesel, and other non-ethanol
renewable fuels.
(1) The renewable fuel volume will
equal the sum of all renewable fuel
volumes used in motor fuel, provided
that:
(i) One gallon of cellulosic biomass
ethanol or waste derived ethanol shall
be considered to be the equivalent of 2.5
gallons of renewable fuel; and
(ii) Only the renewable fuel portion of
blending components derived from
renewable fuel shall be counted towards
the renewable fuel volume.
(2) If the nationwide average volume
percent of renewable fuel in gasoline in
2006 is equal to or greater than the
standard in paragraph (b) of this section,
the standard has been met.
(e) Consequence of nonattainment in
2006. In the event that EPA determines
that the requirement in paragraph (b) of
this section has not been attained in
2006, a deficit carryover volume shall be
added to the renewable fuel volume
obligation for 2007 for use in calculating
the standard applicable to gasoline in
2007.
(1) The deficit carryover volume shall
be calculated as follows:
SUMMARY: This notice responds to a
petition submitted by First Technology
Safety Systems (FTSS) asking the
agency to reconsider several aspects of
a July 16, 2004 final rule that added a
new subpart S to 49 CFR part 572.
Subpart S specifies a Hybrid III 6-yearold weighted child test dummy. The
agency is granting the petition in part
and denying it in part.
DATES: This final rule is effective
January 30, 2006. The incorporation by
reference of certain publications listed
in the regulation is approved by the
Director of the Federal Register as of
January 30, 2006. Petitions for
reconsideration must be received no
later than 45 days after the date of
publication and should refer to this
docket and the notice number of this
document and be submitted to:
Administrator, National Highway
Traffic Safety Administration, 400
Seventh St., SW., Washington, DC
20590
DC = Vgas • (Rs¥Ra)
FOR FURTHER INFORMATION CONTACT:
Where:
DC = Deficit carryover in gallons of
renewable fuel.
Vgas = Volume of gasoline sold or
dispensed to U.S. consumers in 2006,
in gallons.
Rs = 0.0278.
Ra = Ratio of renewable fuel volume
divided by total gasoline volume
determined in accordance with
paragraph (d)(2) of this section.
(2) There shall be no other
consequence of failure to attain the
standard in paragraph (b) of this section
in 2006 for any of the parties in
paragraph (c) of this section.
[FR Doc. 05–24611 Filed 12–29–05; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 572
[Docket No. NHTSA–2004–18075]
RIN 2127–AJ79
Anthropomorphic Test Devices; Hybrid
III 6-year-old Weighted Child Test
Dummy
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule, response to petition
for reconsideration.
AGENCY:
For technical issues: Mr. Sean Doyle,
NHTSA Office of Crashworthiness
Standards. Telephone: (202) 366–1740.
Facsimile: (202) 493–2739.
For legal issues: Ms. Deirdre Fujita,
NHTSA Office of Chief Counsel.
Telephone: (202) 366–2992. Facsimile:
(202) 366–3820.
Both officials can be reached by mail
at the National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: On July
16, 2004, NHTSA published a final rule
that amended 49 CFR part 572 by
adding a new subpart S describing a
weighted version of the current Hybrid
III 6-year-old child size (HIII–6C)
dummy (69 FR 42595; NHTSA Docket
18075). The weighted dummy is used in
Federal Motor Vehicle Safety Standard
(FMVSS) No. 213 (49 CFR 571.213) to
E:\FR\FM\30DER1.SGM
30DER1
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
test the structural integrity of child
restraints, manufactured on or after
August 1, 2005, that are recommended
for use by children weighing 50 to 65 lb.
FTSS petitioned for reconsideration of
the following aspects of the final rule:
the force corridor for the thorax impact
certification test, and the average force
at 45 degrees for the torso flexion
certification test; the material
specification on drawing number 167–
2020 and the weight tolerances on that
drawing; and the material specification
on drawing number 167–3010 and the
weight tolerances on that drawing. Each
of these is discussed below.
wwhite on PROD1PC61 with RULES
(a) The Force Corridor for the Thorax
Impact Certification Test, and the
Average Force at 45 Degrees for the
Torso Flexion Certification Test
FTSS provided the results for six
additional thorax impact tests using a
Hybrid III 6-Year-Old Weighted Child
Test Dummy (HIII–6CW). The petition
requested that the agency ‘‘pool this
data with the existing data to produce
a larger sample size to calculate the
average peak pendulum force corridor
and modify the rule accordingly.’’ (The
data are provided in Table 1 of the
Appendix to this document.)
FTSS also provided an additional
seventeen torso flexion response tests.
FTSS again requested that these
‘‘additional test data be pooled with the
existing agency data to calculate the
appropriate average Force at 45
degrees.’’
NHTSA is denying the first suggested
amendment concerning the thorax
impact certification test, but is granting
the request to adjust the torso flexion
test corridor.
Thorax Impact Test
In its petition, FTSS provided the
results from six additional thorax
impact tests using a HIII–6CW. The
petition requested that the agency ‘‘pool
this data with the existing data to
produce a larger sample size to calculate
the average peak pendulum force
corridor and modify the rule
accordingly.’’ (The data are provided in
Table 1 of the Appendix to this
document.)
NHTSA analyzed the FTSS data from
the thorax impact tests and performed a
statistical analysis with the additional
data points, comparing it to the data set
published in the final rule. It was
observed that with these additional 6
FTSS data points, the average peak
pendulum force would decrease by only
3.7 Newtons (N). The data set used in
the final rule produced an average peak
pendulum force of 1,321.6 N. When
combined with the FTSS data, the
VerDate Aug<31>2005
17:36 Dec 29, 2005
Jkt 208001
average peak pendulum force is 1,317.9
N, or a decrease of only 0.27% in the
average peak force.
NHTSA is denying the request to
modify the peak pendulum force
corridor. FTSS did not show how
changing the average peak force by
0.27% would have any effect on dummy
performance. Furthermore, all the tests
provided by FTSS fell comfortably
within the final rule corridor of 1,205–
1,435 N. Accordingly, the agency does
not believe that the peak force corridor
needs to be changed at this point in
time.
Torso Flexion Test
With regard to the additional torso
flexion response data (see Table 2 of the
Appendix), the FTSS data, combined
with the data set published in the final
rule, results in an average force of 95.2
N at 45 degrees of flexion. This value is
slightly higher than that of the value
provided in the Hybrid III 6-year-old
weighted child test dummy final rule,
which provided an average force of 88.6
N at 45 degrees of flexion (49 CFR
572.165(b)(1)). The standard deviation
of the combined data set would be
reduced from the data set published in
the final rule, 14.2 N compared to 15.6
N. If the new average responses were
accepted and the same tolerance of +/20 N were applied, then the force at the
45-degree corridor would change from
68.6 N–108.6 N (as published in the
final rule) to 72.5 N–112.5 N.
Such a change would reduce the
number of samples that did not meet the
corridor at the upper end of the limit
from five failures to two failures out of
the 29 total samples. However, making
this change in the corridor would result
in three other samples not meeting the
new requirement at the low end of the
limit (test numbers DATD–97–10, –11,
and –12 would no longer pass the new
requirement). FTSS provided data
showing that the dummies used in their
13 tests met the requirements set forth
in 49 CFR part 572, Subpart N (‘‘Sixyear-old child test dummy, beta
version’’) prior to adding the weights,
indicating the overall acceptability of
the dummies. After considering the
available information, we have decided
to adjust slightly the torso flexion test
corridor from 88.6 N +/¥20 N to 88.6
N +/¥25 N. This slight adjustment in
the torso flexion test corridor results in
all 29 test samples being compliant with
the torso flexion force at 45 degrees.
(b) The Material Specification on
Drawing Number 167–2020 and the
Weight Tolerances on That Drawing
FTSS noted that NHTSA drawing
number 167–2020 specifies a material,
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
77337
Tungsten Alloy CMW 2000, which is a
proprietary brand name of Contacts
Metals Welding (CMW) Inc. FTSS
requested the addition of ‘‘or
equivalent’’ to the material specification
‘‘to allow for use of alternate suppliers
of Tungsten Alloy.’’ FTSS also noted,
‘‘NHTSA has specified the weight to be
2.54 lb, but has specified no tolerance.’’
FTSS recommended applying a weight
tolerance, which is computed by
calculating the variance of the minimum
and maximum dimensions and using
the density of the Tungsten alloy. FTSS
suggested a tolerance of +/¥0.11 lb.
NHTSA agrees that, with regard to the
recommendation to add ‘‘or equivalent’’
to the currently specified Tungsten
Alloy GMW 2000, it is not preferable to
specify one specific source for the raw
materials needed to produce this item.
The agency will therefore add the word
‘‘reference’’ to the currently specified
Tungsten Alloy GMW 2000 located in
the material specification section of
drawing 167–2020. NHTSA will use the
word ‘‘reference’’ rather than ‘‘or
equivalent’’ to maintain consistency
with the material specification generally
used in NHTSA drawings.
With regard to the recommendation to
apply a weight tolerance to drawing
167–2020, the agency agrees that a
weight tolerance is desirable and
concurs with the approach FTSS has
taken in calculating this tolerance. The
agency confirmed FTSS’s calculation
and will change the weight note to read
as follows: ‘‘Weight: 2.54 +/¥0.11 lb.’’
(c) The Material Specification on
Drawing Number 167–3010 and the
Weight Tolerances on That Drawing
FTSS stated that a proprietary
material has also been specified in this
drawing. FTSS again suggested that a
generic material specification would be
more desirable.
In addition, FTSS noted ‘‘NHTSA has
specified the weight to be 4.88 lbs, but
has specified no tolerance.’’ FTSS
recommended applying a weight
tolerance, which, similar to the
approach taken above, was computed by
calculating the variance of the minimum
and maximum dimensions and using
the density of the Tungsten alloy. FTSS
suggested a tolerance of +/¥0.17 lb.
NHTSA agrees that a generic material
specification is desirable. Therefore, the
word ‘‘reference’’ will be added to the
material specification in drawing
number 167–3010. NHTSA further
agrees that a weight tolerance is
desirable and concurs with the
approach suggested by the petitioner.
Thus, the weight note on drawing
number 167–3010 is changed to read:
‘‘Weight: 4.88 +/¥0.17 lb.’’
E:\FR\FM\30DER1.SGM
30DER1
77338
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
NHTSA has considered the impact of
this rule under Executive Order 12866
and the Department of Transportation’s
regulatory policies and procedures. This
rulemaking document was not reviewed
under E.O. 12866, ‘‘Regulatory Planning
and Review.’’ This action has been
determined to be ‘‘nonsignificant’’
under the Department of
Transportation’s regulatory policies and
procedures. The agency concludes that
the impacts of the amendments are so
minimal that preparation of a full
regulatory evaluation is not required.
The rule will not impose any new
requirements or costs on manufacturers,
but instead will slightly widen the torso
flexion test corridor as well as make
minor changes to two drawings of the
dummy.
B. Regulatory Flexibility Act
NHTSA has considered the impacts of
this rulemaking action under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). I certify that the amendment
will not have a significant economic
impact on a substantial number of small
entities. The rule will not impose any
new requirements or costs on
manufacturers.
C. Paperwork Reduction Act
This document does not establish any
new information collection
requirements.
D. National Environmental Policy Act
NHTSA has analyzed this amendment
for the purposes of the National
Environmental Policy Act and
determined that it will not have any
significant impact on the quality of the
human environment.
wwhite on PROD1PC61 with RULES
E. Executive Order 13132 (Federalism)
The agency has analyzed this
rulemaking action in accordance with
the principles and criteria contained in
Executive Order 13132 and has
determined that it does not have
sufficient federalism implications to
warrant consultation with State and
local officials or the preparation of a
federalism summary impact statement.
The rule will have no substantial effects
on the States, or on the current FederalState relationship, or on the current
distribution of power and
responsibilities among the various local
officials.
F. Civil Justice Reform
This rule does not have any
retroactive effect. Under section 49
VerDate Aug<31>2005
17:36 Dec 29, 2005
Jkt 208001
U.S.C. 30103, whenever a Federal motor
vehicle safety standard is in effect, a
state may not adopt or maintain a safety
standard applicable to the same aspect
of performance which is not identical to
the Federal standard, except to the
extent that the state requirement
imposes a higher level of performance
and applies only to vehicles procured
for the State’s use. Section 49 U.S.C.
30161 sets forth a procedure for judicial
review of final rules establishing,
amending or revoking Federal motor
vehicle safety standards. That section
does not require submission of a
petition for reconsideration or other
administrative proceedings before
parties may file suit in court.
List of Subjects in 49 CFR Part 572
Motor vehicle safety, Incorporation by
reference.
I In consideration of the foregoing,
NHTSA amends 49 CFR part 572 as
follows:
G. National Technology Transfer and
Advancement Act
Subpart S—Hybrid III Six-Year-Old
Weighted Child Test Dummy
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, section 12(d) (15 U.S.C. 272)
directs us to use voluntary consensus
standards in regulatory activities unless
doing so would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by voluntary
consensus standards bodies, such as the
Society of Automotive Engineers (SAE).
The agency searched for, but did not
find any voluntary consensus standards
relevant to this response to FTSS’s
petition for reconsideration.
*
H. Unfunded Mandates Reform Act
This final rule will not impose any
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. This rule will not result in costs
of $100 million or more to either State,
local, or tribal governments, in the
aggregate, or to the private sector. Thus,
this rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
I. Privacy Act Statement
Anyone is able to search the
electronic form of all comments or
petitions received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(Volume 65, Number 70; Pages 19477–
78) or you may visit https://dms.dot.gov.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
PART 572—ANTHROPOMORPHIC
TEST DUMMIES
1. The authority citation for part 572
continues to read as follows:
I
Authority: 49 U.S.C. 322, 30111, 30115,
30117 and 30166; delegation of authority at
49 CFR 1.50.
2. Section 572.160 is amended by
revising paragraphs (a)(1)(iii) and (v) to
read as follows:
I
*
§ 572.160
*
*
*
Incorporation by reference.
* * *
(iii) Drawing No. 167–2020 Revision
A, dated December 8, 2005, Spine Box
Weight, incorporated by reference in
§§ 572.161 and 572.165 as part of a
complete dummy assembly;
* * *
(v) Drawing No. 167–3010 Revision A,
dated December 8, 2005, Lumbar Weight
Base, incorporated by reference in
§§ 572.161 and 572.165 as part of a
complete dummy assembly; and
*
*
*
*
*
I 3. Section 572.161 is amended in
paragraph (a) by revising Table A to
read as follows:
§ 572.161
General description.
*
*
*
*
*
TABLE A
Component assembly 1
Complete assembly ..............
Upper torso assembly ...........
Spine box weight ..................
Lower torso assembly ...........
Lumbar weight base .............
Drawing No.
167–0000.
167–2000.
167–2020
Rev. A.
167–3000.
167–3010
Rev. A.
1 Head, neck, arm, and leg assemblies are
as specified in 49 CFR 572 subpart N.
*
*
*
*
*
4. Section 572.165 is amended by
revising paragraphs (a) and (b)(1) to read
as follows:
I
§ 572.165 Upper and lower torso
assemblies and torso flexion test
procedure.
(a) Upper/lower torso assembly. The
test objective is to determine the
stiffness effects of the lumbar spine
(specified in 49 CFR 572.125(a)),
E:\FR\FM\30DER1.SGM
30DER1
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
wwhite on PROD1PC61 with RULES
including cable (specified in 49 CFR
572.125(a)), mounting plate insert
(specified in 49 CFR 572.125(a)), nylon
shoulder bushing (specified in 49 CFR
572.125(a)), nut (specified in 49 CFR
572.125(a)), spine box weighting plates
(drawing 167–2020 Revision A), lumbar
base weight (drawing 167–3010
Revision A), and abdominal insert
(specified in 49 CFR 572.125(a)), on
resistance to articulation between the
upper torso assembly (drawing 167–
2000) and the lower torso assembly
(drawing 167–3000). Drawing Nos. 167–
2000, 167–2020 Revision A, 167–3000,
VerDate Aug<31>2005
17:36 Dec 29, 2005
Jkt 208001
and 167–3010 Revision A, are
incorporated by reference, see § 572.160.
(b)(1) When the upper torso assembly
of a seated dummy is subjected to a
force continuously applied at the head
to neck pivot pin level through a rigidly
attached adaptor bracket as shown in
Figure S2 according to the test
procedure set out in 49 CFR 572.125(c),
the lumbar spine-abdomen assembly
must flex by an amount that permits the
upper torso assembly to translate in
angular motion until the machined
surface of the instrument cavity at the
back of the thoracic spine box is at 45
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
77339
± 0.5 degrees relative to the transverse
plane, at which time the force applied
as shown in Figure S2 must be within
88.6 N ± 25 N (20.0 lbf ± 5.6 lbf), and
*
*
*
*
*
Issued on: December 22, 2005.
Jacqueline Glassman,
Deputy Administrator.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix
BILLING CODE 4950–59–P
E:\FR\FM\30DER1.SGM
30DER1
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
17:36 Dec 29, 2005
Jkt 208001
PO 00000
Frm 00044
Fmt 4700
Sfmt 4725
E:\FR\FM\30DER1.SGM
30DER1
ER30DE05.138</GPH>
wwhite on PROD1PC61 with RULES
77340
77341
[FR Doc. 05–24629 Filed 12–29–05; 8:45 am]
BILLING CODE 4910–59–C
VerDate Aug<31>2005
17:36 Dec 29, 2005
Jkt 208001
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
E:\FR\FM\30DER1.SGM
30DER1
ER30DE05.139</GPH>
wwhite on PROD1PC61 with RULES
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
]]>Agencies
[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Rules and Regulations]
[Pages 77336-77341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24629]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 572
[Docket No. NHTSA-2004-18075]
RIN 2127-AJ79
Anthropomorphic Test Devices; Hybrid III 6-year-old Weighted
Child Test Dummy
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule, response to petition for reconsideration.
-----------------------------------------------------------------------
SUMMARY: This notice responds to a petition submitted by First
Technology Safety Systems (FTSS) asking the agency to reconsider
several aspects of a July 16, 2004 final rule that added a new subpart
S to 49 CFR part 572. Subpart S specifies a Hybrid III 6-year-old
weighted child test dummy. The agency is granting the petition in part
and denying it in part.
DATES: This final rule is effective January 30, 2006. The incorporation
by reference of certain publications listed in the regulation is
approved by the Director of the Federal Register as of January 30,
2006. Petitions for reconsideration must be received no later than 45
days after the date of publication and should refer to this docket and
the notice number of this document and be submitted to: Administrator,
National Highway Traffic Safety Administration, 400 Seventh St., SW.,
Washington, DC 20590
FOR FURTHER INFORMATION CONTACT:
For technical issues: Mr. Sean Doyle, NHTSA Office of
Crashworthiness Standards. Telephone: (202) 366-1740. Facsimile: (202)
493-2739.
For legal issues: Ms. Deirdre Fujita, NHTSA Office of Chief
Counsel. Telephone: (202) 366-2992. Facsimile: (202) 366-3820.
Both officials can be reached by mail at the National Highway
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC
20590.
SUPPLEMENTARY INFORMATION: On July 16, 2004, NHTSA published a final
rule that amended 49 CFR part 572 by adding a new subpart S describing
a weighted version of the current Hybrid III 6-year-old child size
(HIII-6C) dummy (69 FR 42595; NHTSA Docket 18075). The weighted dummy
is used in Federal Motor Vehicle Safety Standard (FMVSS) No. 213 (49
CFR 571.213) to
[[Page 77337]]
test the structural integrity of child restraints, manufactured on or
after August 1, 2005, that are recommended for use by children weighing
50 to 65 lb.
FTSS petitioned for reconsideration of the following aspects of the
final rule: the force corridor for the thorax impact certification
test, and the average force at 45 degrees for the torso flexion
certification test; the material specification on drawing number 167-
2020 and the weight tolerances on that drawing; and the material
specification on drawing number 167-3010 and the weight tolerances on
that drawing. Each of these is discussed below.
(a) The Force Corridor for the Thorax Impact Certification Test, and
the Average Force at 45 Degrees for the Torso Flexion Certification
Test
FTSS provided the results for six additional thorax impact tests
using a Hybrid III 6-Year-Old Weighted Child Test Dummy (HIII-6CW). The
petition requested that the agency ``pool this data with the existing
data to produce a larger sample size to calculate the average peak
pendulum force corridor and modify the rule accordingly.'' (The data
are provided in Table 1 of the Appendix to this document.)
FTSS also provided an additional seventeen torso flexion response
tests. FTSS again requested that these ``additional test data be pooled
with the existing agency data to calculate the appropriate average
Force at 45 degrees.''
NHTSA is denying the first suggested amendment concerning the
thorax impact certification test, but is granting the request to adjust
the torso flexion test corridor.
Thorax Impact Test
In its petition, FTSS provided the results from six additional
thorax impact tests using a HIII-6CW. The petition requested that the
agency ``pool this data with the existing data to produce a larger
sample size to calculate the average peak pendulum force corridor and
modify the rule accordingly.'' (The data are provided in Table 1 of the
Appendix to this document.)
NHTSA analyzed the FTSS data from the thorax impact tests and
performed a statistical analysis with the additional data points,
comparing it to the data set published in the final rule. It was
observed that with these additional 6 FTSS data points, the average
peak pendulum force would decrease by only 3.7 Newtons (N). The data
set used in the final rule produced an average peak pendulum force of
1,321.6 N. When combined with the FTSS data, the average peak pendulum
force is 1,317.9 N, or a decrease of only 0.27% in the average peak
force.
NHTSA is denying the request to modify the peak pendulum force
corridor. FTSS did not show how changing the average peak force by
0.27% would have any effect on dummy performance. Furthermore, all the
tests provided by FTSS fell comfortably within the final rule corridor
of 1,205-1,435 N. Accordingly, the agency does not believe that the
peak force corridor needs to be changed at this point in time.
Torso Flexion Test
With regard to the additional torso flexion response data (see
Table 2 of the Appendix), the FTSS data, combined with the data set
published in the final rule, results in an average force of 95.2 N at
45 degrees of flexion. This value is slightly higher than that of the
value provided in the Hybrid III 6-year-old weighted child test dummy
final rule, which provided an average force of 88.6 N at 45 degrees of
flexion (49 CFR 572.165(b)(1)). The standard deviation of the combined
data set would be reduced from the data set published in the final
rule, 14.2 N compared to 15.6 N. If the new average responses were
accepted and the same tolerance of +/-20 N were applied, then the force
at the 45-degree corridor would change from 68.6 N-108.6 N (as
published in the final rule) to 72.5 N-112.5 N.
Such a change would reduce the number of samples that did not meet
the corridor at the upper end of the limit from five failures to two
failures out of the 29 total samples. However, making this change in
the corridor would result in three other samples not meeting the new
requirement at the low end of the limit (test numbers DATD-97-10, -11,
and -12 would no longer pass the new requirement). FTSS provided data
showing that the dummies used in their 13 tests met the requirements
set forth in 49 CFR part 572, Subpart N (``Six-year-old child test
dummy, beta version'') prior to adding the weights, indicating the
overall acceptability of the dummies. After considering the available
information, we have decided to adjust slightly the torso flexion test
corridor from 88.6 N +/-20 N to 88.6 N +/-25 N. This slight adjustment
in the torso flexion test corridor results in all 29 test samples being
compliant with the torso flexion force at 45 degrees.
(b) The Material Specification on Drawing Number 167-2020 and the
Weight Tolerances on That Drawing
FTSS noted that NHTSA drawing number 167-2020 specifies a material,
Tungsten Alloy CMW 2000, which is a proprietary brand name of Contacts
Metals Welding (CMW) Inc. FTSS requested the addition of ``or
equivalent'' to the material specification ``to allow for use of
alternate suppliers of Tungsten Alloy.'' FTSS also noted, ``NHTSA has
specified the weight to be 2.54 lb, but has specified no tolerance.''
FTSS recommended applying a weight tolerance, which is computed by
calculating the variance of the minimum and maximum dimensions and
using the density of the Tungsten alloy. FTSS suggested a tolerance of
+/-0.11 lb.
NHTSA agrees that, with regard to the recommendation to add ``or
equivalent'' to the currently specified Tungsten Alloy GMW 2000, it is
not preferable to specify one specific source for the raw materials
needed to produce this item. The agency will therefore add the word
``reference'' to the currently specified Tungsten Alloy GMW 2000
located in the material specification section of drawing 167-2020.
NHTSA will use the word ``reference'' rather than ``or equivalent'' to
maintain consistency with the material specification generally used in
NHTSA drawings.
With regard to the recommendation to apply a weight tolerance to
drawing 167-2020, the agency agrees that a weight tolerance is
desirable and concurs with the approach FTSS has taken in calculating
this tolerance. The agency confirmed FTSS's calculation and will change
the weight note to read as follows: ``Weight: 2.54 +/-0.11 lb.''
(c) The Material Specification on Drawing Number 167-3010 and the
Weight Tolerances on That Drawing
FTSS stated that a proprietary material has also been specified in
this drawing. FTSS again suggested that a generic material
specification would be more desirable.
In addition, FTSS noted ``NHTSA has specified the weight to be 4.88
lbs, but has specified no tolerance.'' FTSS recommended applying a
weight tolerance, which, similar to the approach taken above, was
computed by calculating the variance of the minimum and maximum
dimensions and using the density of the Tungsten alloy. FTSS suggested
a tolerance of +/-0.17 lb.
NHTSA agrees that a generic material specification is desirable.
Therefore, the word ``reference'' will be added to the material
specification in drawing number 167-3010. NHTSA further agrees that a
weight tolerance is desirable and concurs with the approach suggested
by the petitioner. Thus, the weight note on drawing number 167-3010 is
changed to read: ``Weight: 4.88 +/-0.17 lb.''
[[Page 77338]]
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rule under Executive Order
12866 and the Department of Transportation's regulatory policies and
procedures. This rulemaking document was not reviewed under E.O. 12866,
``Regulatory Planning and Review.'' This action has been determined to
be ``nonsignificant'' under the Department of Transportation's
regulatory policies and procedures. The agency concludes that the
impacts of the amendments are so minimal that preparation of a full
regulatory evaluation is not required. The rule will not impose any new
requirements or costs on manufacturers, but instead will slightly widen
the torso flexion test corridor as well as make minor changes to two
drawings of the dummy.
B. Regulatory Flexibility Act
NHTSA has considered the impacts of this rulemaking action under
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I certify that
the amendment will not have a significant economic impact on a
substantial number of small entities. The rule will not impose any new
requirements or costs on manufacturers.
C. Paperwork Reduction Act
This document does not establish any new information collection
requirements.
D. National Environmental Policy Act
NHTSA has analyzed this amendment for the purposes of the National
Environmental Policy Act and determined that it will not have any
significant impact on the quality of the human environment.
E. Executive Order 13132 (Federalism)
The agency has analyzed this rulemaking action in accordance with
the principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The rule will have no
substantial effects on the States, or on the current Federal-State
relationship, or on the current distribution of power and
responsibilities among the various local officials.
F. Civil Justice Reform
This rule does not have any retroactive effect. Under section 49
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in
effect, a state may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. Section 49 U.S.C. 30161 sets forth a procedure for
judicial review of final rules establishing, amending or revoking
Federal motor vehicle safety standards. That section does not require
submission of a petition for reconsideration or other administrative
proceedings before parties may file suit in court.
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs us to use voluntary consensus standards in regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The agency searched for, but did not find any
voluntary consensus standards relevant to this response to FTSS's
petition for reconsideration.
H. Unfunded Mandates Reform Act
This final rule will not impose any unfunded mandates under the
Unfunded Mandates Reform Act of 1995. This rule will not result in
costs of $100 million or more to either State, local, or tribal
governments, in the aggregate, or to the private sector. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
UMRA.
I. Privacy Act Statement
Anyone is able to search the electronic form of all comments or
petitions received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or
you may visit https://dms.dot.gov.
List of Subjects in 49 CFR Part 572
Motor vehicle safety, Incorporation by reference.
0
In consideration of the foregoing, NHTSA amends 49 CFR part 572 as
follows:
PART 572--ANTHROPOMORPHIC TEST DUMMIES
0
1. The authority citation for part 572 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166;
delegation of authority at 49 CFR 1.50.
0
2. Section 572.160 is amended by revising paragraphs (a)(1)(iii) and
(v) to read as follows:
Subpart S--Hybrid III Six-Year-Old Weighted Child Test Dummy
* * * * *
Sec. 572.160 Incorporation by reference.
* * *
(iii) Drawing No. 167-2020 Revision A, dated December 8, 2005,
Spine Box Weight, incorporated by reference in Sec. Sec. 572.161 and
572.165 as part of a complete dummy assembly;
* * *
(v) Drawing No. 167-3010 Revision A, dated December 8, 2005, Lumbar
Weight Base, incorporated by reference in Sec. Sec. 572.161 and
572.165 as part of a complete dummy assembly; and
* * * * *
0
3. Section 572.161 is amended in paragraph (a) by revising Table A to
read as follows:
Sec. 572.161 General description.
* * * * *
Table A
------------------------------------------------------------------------
Component assembly \1\ Drawing No.
------------------------------------------------------------------------
Complete assembly......................... 167-0000.
Upper torso assembly...................... 167-2000.
Spine box weight.......................... 167-2020 Rev. A.
Lower torso assembly...................... 167-3000.
Lumbar weight base........................ 167-3010 Rev. A.
------------------------------------------------------------------------
\1\ Head, neck, arm, and leg assemblies are as specified in 49 CFR 572
subpart N.
* * * * *
0
4. Section 572.165 is amended by revising paragraphs (a) and (b)(1) to
read as follows:
Sec. 572.165 Upper and lower torso assemblies and torso flexion test
procedure.
(a) Upper/lower torso assembly. The test objective is to determine
the stiffness effects of the lumbar spine (specified in 49 CFR
572.125(a)),
[[Page 77339]]
including cable (specified in 49 CFR 572.125(a)), mounting plate insert
(specified in 49 CFR 572.125(a)), nylon shoulder bushing (specified in
49 CFR 572.125(a)), nut (specified in 49 CFR 572.125(a)), spine box
weighting plates (drawing 167-2020 Revision A), lumbar base weight
(drawing 167-3010 Revision A), and abdominal insert (specified in 49
CFR 572.125(a)), on resistance to articulation between the upper torso
assembly (drawing 167-2000) and the lower torso assembly (drawing 167-
3000). Drawing Nos. 167-2000, 167-2020 Revision A, 167-3000, and 167-
3010 Revision A, are incorporated by reference, see Sec. 572.160.
(b)(1) When the upper torso assembly of a seated dummy is subjected
to a force continuously applied at the head to neck pivot pin level
through a rigidly attached adaptor bracket as shown in Figure S2
according to the test procedure set out in 49 CFR 572.125(c), the
lumbar spine-abdomen assembly must flex by an amount that permits the
upper torso assembly to translate in angular motion until the machined
surface of the instrument cavity at the back of the thoracic spine box
is at 45 0.5 degrees relative to the transverse plane, at
which time the force applied as shown in Figure S2 must be within 88.6
N 25 N (20.0 lbf 5.6 lbf), and
* * * * *
Issued on: December 22, 2005.
Jacqueline Glassman,
Deputy Administrator.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix
BILLING CODE 4950-59-P
[[Page 77340]]
[GRAPHIC] [TIFF OMITTED] TR30DE05.138
[[Page 77341]]
[GRAPHIC] [TIFF OMITTED] TR30DE05.139
[FR Doc. 05-24629 Filed 12-29-05; 8:45 am]
BILLING CODE 4910-59-C
