Federal Motor Vehicle Safety Standards; Roof Crush Resistance, 5484-5493 [08-392]
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Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: January 22, 2008.
David I. Maurstad,
Federal Insurance Administrator of the
National Flood Insurance Program,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E8–1650 Filed 1–29–08; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2008–0015]
RIN 2127–AG51
Federal Motor Vehicle Safety
Standards; Roof Crush Resistance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM).
yshivers on PROD1PC62 with PROPOSALS
AGENCY:
SUMMARY: This document supplements
NHTSA’s August 2005 proposal to
upgrade the Federal motor vehicle
safety standard on roof crush resistance.
We issued that proposal as part of a
comprehensive plan for reducing the
serious risk of rollover crashes and the
risk of death and serious injury in those
crashes.
In this document, we ask for public
comment on a number of issues that
may affect the content of the final rule,
including possible variations in the
proposed requirements. We are also
announcing the release of the results of
various vehicle tests conducted since
the proposal and are inviting comments
on how the agency should factor this
new information into its final rule.
DATES: Comments must be received on
or before March 17, 2008.
ADDRESSES: You may submit comments
to the docket number identified in the
heading of this document by any of the
following methods:
• Federal eRulemaking Portal: go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, West Building, Ground
Floor, Rm. W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
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9 a.m. and 5 p.m. Eastern Time, Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
Regardless of how you submit your
comments, you should mention the
docket number of this document.
You may call the Docket Management
Facility at 202–366–9826.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the Supplementary Information section
of this document. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Privacy Act: Please see the Privacy
Act heading under Rulemaking
Analyses and Notices.
FOR FURTHER INFORMATION CONTACT:
For technical issues: Mr. Christopher
Wiacek, Office of Rulemaking, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:
(202) 366–4801.
For legal issues: Mr. Edward Glancy,
Office of the Chief Counsel, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:
(202) 366–2992.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Overview of Standard 216
B. Target Population of Standard 216
C. Summary of 2005 Proposal
D. Purpose of this SNPRM
II. Release of Vehicle Test Results
A. Single-Sided Tests
B. Two-Sided Tests
III. Discussion
A. Pass/Fail Rate of the Vehicle Fleet
B. Impact of Electronic Stability Control
Safety Standard on Potential Benefits
C. Revised Cost and Weight Estimates
D. Two-Sided Testing Implications
E. Other Factors
IV. Comments Sought
V. Public Participation
VI. Rulemaking Analyses and Notices
VII. Proposed Regulatory Text
I. Introduction
On August 23, 2005, NHTSA
published in the Federal Register (70
FR 49223) a notice of proposed
rulemaking (NPRM) to upgrade Federal
Motor Vehicle Safety Standard (FMVSS)
No. 216, Roof Crush Resistance.1 As
discussed in the NPRM, this ongoing
rulemaking is part of a comprehensive
plan for reducing the serious risk of
rollover crashes and the risk of death
and serious injury in those crashes. In
1 Docket
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No. NHTSA–2005–22143.
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addition to roof crush, other strategies
in the comprehensive approach include
crash-avoidance initiatives such as
electronic stability control which will
significantly reduce the number of
rollovers, as well as crashworthiness
efforts such as ejection mitigation and
improved door lock strength which will
lower the probability of ejection when
rollovers do occur.
A. Overview of Standard 216
FMVSS No. 216 seeks to reduce
deaths and serious injuries resulting
from the roof being crushed and pushed
into the occupant compartment when
the roof strikes the ground during
rollover crashes. The standard currently
applies to passenger cars, and to
multipurpose passenger vehicles, trucks
and buses with a GVWR of 2,722
kilograms (6,000 pounds) or less.
The standard requires that when a
large steel test plate (sometimes referred
to as a platen) is placed in contact with
the roof of a vehicle and then pressed
downward, simulating contact of the
roof with the ground during a rollover
crash, with steadily increasing force
until a force equivalent to 1.5 times the
unloaded weight of the vehicle is
reached, the distance that the test plate
has moved from the point of contact
must not exceed 127 mm (5 inches). The
criterion of the test plate not being
permitted to move more than a specified
amount is sometimes referred to as the
‘‘platen travel’’ criterion. Under S5 of
the standard, the application of force is
limited to 22,240 Newtons (5,000
pounds) for passenger cars, even if the
unloaded weight of the car times 1.5 is
greater than that amount.
B. Target Population of Standard 216
Due to the complex nature of a
rollover event and the particularlized
effect of each element of the
comprehensive and systematic approach
taken by the agency to address these
crashes, each element addresses a
specific segment of the total rollover
problem.
Table 1 below shows the target
population that could potentially
benefit from roof crush improvements.2
The target population for all light
vehicles is stratified by injury severity.
The table demonstrates how the final
target population is derived from the
broad category of rollovers by
2 The target population reflects a very minimal
incorporation of ESC in the vehicle fleet. As
discussed later in this SNPRM, the final regulatory
analysis will be adjusted to reflect full
incorporation of ESC into the vehicle fleet. ESC will
significantly reduce the number of rollover
fatalities, and further reduce the roof crush target
population.
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Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules
eliminating cases in which roof strength
improvements would not be effective.
The final target populations are shown
in bold at the bottom of the table.
Numbers in the table shown in
parenthesis are deducted from previous
values to arrive at the final target
population shown in bold. All other
numbers represent the values that result
from the restrictions noted in the left
column. A full discussion of the basis
for the target population is included in
the August 2005 Preliminary Regulatory
Impact Analysis (PRIA).
One modification to that basis should
be noted. In the PRIA, it was assumed
that in cases in which there were fatal
injuries which involved both the head
and another body region at the highest
MAIS level, the head injury was the
5485
cause of death. More recent analysis
indicates that only about 2⁄3’s of these
deaths were attributable to the head
injury. Based on this, the ‘‘not sole
injury’’ category for fatalities was
adjusted to reflect the assumption that
67% of these cases would be attributed
to head injury, leaving a total of 476
fatalities as the final target population
applicable for roof crush.
TABLE 1.—TARGET POPULATION POTENTIALLY AFFECTED BY IMPROVED ROOF STRENGTH
AIS 1
Non-Convertible Light Vehicles in Rollovers ...........................................
Roof-Involved Rollover ............................................................................
No Fixed Object Collision on Top ...........................................................
Not Totally Ejected ..................................................................................
Using Safety Restraints ...........................................................................
Front Outboard Seats ..............................................................................
Not 12 Years Old or Younger ..................................................................
Roof Component Intrusion .......................................................................
Head, Neck, or Face Injury from Intruding Roof Component .................
Injury—Not MAIS * ...................................................................................
Injury at MAIS—Not Sole Injury ..............................................................
Sole MAIS Injury ......................................................................................
199,549
164,007
153,324
149,632
116,135
103,320
101,581
64,123
23,147
(0)
(17,128)
6,019
AIS 2
AIS 3–5
37,661
32,862
29,346
25,949
14,234
13,457
13,418
10,339
6,508
(1,872)
(289)
4,346
21,933
19,520
18,029
12,638
9,204
8,653
8,635
6,747
3,027
(1,382)
(250)
1,395
Fatalities
9,011
7,679
6,712
3,227
1,835
1,658
1,650
1,125
731
(209)
(46)
476
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* This means that the most serious injury was to a portion of the body other than the head, neck or face.
The target population relevant to
FMVSS No. 216 in Table 1 is thus a
relatively small subset of the occupants
injured in rollovers. For fatalities, the
estimated total for the target population
is 5 percent of all non-convertible light
vehicle rollover fatalities (476/9,011).
For nonfatal injury categories, the
estimated total ranges from 3 to 12
percent. The most significant exclusions
resulted from requirements that
fatalities occurred in rollovers in which
(1) the roof was damaged in a rollover,
(2) the damage was not caused by
collision with a fixed object, (3) the
fatally injured occupants were not
ejected, and (4) those occupants were
belted.
It is important to understand what
this Table indicates about the safety
potential of addressing roof crush. Even
if there were some way to prevent every
single rollover death resulting from roof
crush, the total lives saved would be
476, not the approximately 10,000
deaths that result from rollover each
year. This is why each initiative in
NHTSA’s comprehensive program to
address the different aspects of the
rollover problem is so important. Each
initiative has a different target
population. We have initiatives in place
to:
1. Reduce the occurrence of rollover
crashes (e.g., the requirement for
Electronic Stability Control on all light
vehicles and the NCAP rollover ratings),
2. Keep occupants inside the vehicle
when rollovers occur (e.g., NHTSA’s
unstinting commitment to get
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passengers to buckle their seat belts
every time they ride in a vehicle, as well
as the requirement for enhanced door
latches and the forthcoming new
requirement for ejection mitigation), and
3. Better protect the occupants kept
inside the vehicle during the rollover
(this rule to require enhanced roof crush
resistance).
Each of these three initiatives must
work together to address the various
aspects of the rollover problem.
However, it is important to understand
which portion of the rollover problem
can be addressed by each of these three
initiatives, so that there is a clear and
correct understanding of the safety
benefits potentially associated with each
of the different types of actions to
reduce rollover deaths and injuries.
C. Summary of 2005 Proposal
To better address fatalities and
injuries occurring in roof-involved
rollover crashes, we proposed in 2005 to
extend the application of the standard to
vehicles with a GVWR of up to 4,536
kilograms (10,000 pounds), and to
strengthen the requirements of FMVSS
No. 216 by mandating that the vehicle
roof structures withstand a force
equivalent to 2.5 times the unloaded
vehicle weight, and eliminating the
22,240 Newtons (5,000 pounds) force
limit for passenger cars. Further, in
recognition of the fact that the pre-test
distance between the interior surface of
the roof and a given occupant’s head
varies from vehicle model to vehicle
model, we proposed to regulate roof
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strength by requiring that the crush not
exceed the available headroom. Under
the proposal, this requirement would
replace the current limit on test plate
movement.
The proposed new limit would
prohibit any roof component from
contacting the head of a seated 50th
percentile male dummy when the roof
is subjected to a force equivalent to 2.5
times the unloaded vehicle weight. We
note that this value is sometimes
referred to as the strength-to-weight
ratio (SWR), e.g., a SWR of 1.5, 2.5, and
so forth.
D. Purpose of This SNPRM
The agency has been carefully
analyzing the numerous comments it
received on its proposal. In addition, it
has been analyzing the various
additional vehicle tests, including both
single-side tests and two-sided tests,3
conducted since the NPRM. In this
document, we are inviting comments on
how the agency should factor this new
information into its decision. While the
NPRM focused on a specified force
equivalent to 2.5 times the unloaded
vehicle weight, the agency could adopt
3 Note that in the most recent agency testing,
headroom reduction had been assessed using a head
positioning fixture in lieu of a 50th percentile
dummy. Reports on these tests explain the
procedure and type of fixture used to assess
headroom reduction. (As explained elsewhere in
this document, these test reports are being made
available to the public through the agency’s internet
vehicle crash test database.) Please note further that
the agency is considering whether this fixture
should be specified in the final rule.
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Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules
a higher or lower value for the final rule.
With respect to two-sided vehicle
testing, we believe that, with the
additional tests conducted by the
agency, there is now sufficient available
information for the agency to consider a
two-sided requirement as an alternative
to the single-sided procedure described
in the NPRM. The agency plans to
evaluate both the single-sided and twosided testing alternatives for the final
rule. We are requesting comments that
will help us reach a decision on that
issue.
In developing a final rule, the agency
will consider the comments submitted
on both the August 2005 NPRM and this
document. Thus, there is no need for
persons to re-submit the comments they
provided for the NPRM. We note that
we are generally not discussing the
comments in this document, except for
a few brief references that are relevant
to the potential economic impact of our
proposal. We also note that the
proposed regulatory text in this
document includes both the singlesided and two-sided test requirement
alternatives. The fact that the proposed
regulatory text for the two alternatives
does not reflect other changes suggested
by commenters on the NPRM does not
mean that we will not consider those
recommended changes in developing a
final rule.
We are providing a 45-day comment
period. We believe this is appropriate
given that this is an SNPRM with a more
limited focus than the NPRM, and given
the need to comply with a statutory
deadline.
II. Release of Vehicle Test Results
The test reports for the additional
vehicle tests conducted by NHTSA are
being made available to the public
through the agency’s internet vehicle
crash test database. We are placing a
memorandum in the docket which
provides the Web address for that
database and lists the vehicle models
and test numbers that are needed to
reference the information in the
database. The agency incorporates by
reference these test reports as part of the
record for this rulemaking.
A. Single-Sided Tests
Since the publication of the NPRM,
the agency has conducted 35 additional
single-sided tests. In this testing, the
force was applied to one side of the roof
over the front seat area. Force was
applied until there was 127 mm (5
inches) of platen travel, unless head
contact occurred first. The strength of
the roof was measured prior to any
subsequent testing the agency may have
conducted on the second side. The
agency is releasing these data to the
public in conjunction with this
document.
A summary of the test results is
presented in the Table 2 below.
TABLE 2.—SINGLE-SIDED TEST RESULTS
Unloaded vehicle weight
(kg)
yshivers on PROD1PC62 with PROPOSALS
Vehicle
2006
2007
2006
2006
2007
2006
2007
2007
2006
2007
2006
2006
2006
2006
2007
2006
2004
2007
2006
2005
2006
2004
2007
2007
2005
2006
2007
2007
2004
2007
2007
2007
2007
2006
2003
VW Jetta .........................................
Scion tC ..........................................
Volvo XC90 .....................................
Honda Civic ....................................
Toyota Tacoma ...............................
Mazda 5 ..........................................
Toyota Camry .................................
Toyota Yaris ....................................
Ford 500 .........................................
Nissan Frontier ...............................
Subaru Tribeca ...............................
Mitsubishi Eclipse ...........................
Hummer H3 ....................................
Hyundai Sonata ..............................
Dodge Caravan ...............................
Chrysler Crossfire ...........................
Honda Accord .................................
Saturn Outlook* ..............................
Ford Mustang ..................................
Buick Lacrosse ...............................
Sprinter Van* ..................................
Cadillac SRX ...................................
Honda CRV .....................................
Chrysler 300 ...................................
Buick Lacrosse ...............................
Honda Ridgeline .............................
Ford F–150* ....................................
Buick Lucerne .................................
Chevrolet 2500 HD* ........................
Pontiac G6 ......................................
Chevrolet Express* .........................
Jeep Grand Cherokee ....................
Chevrolet Tahoe* ............................
Dodge Ram* ...................................
Ford F–250* ....................................
1,443
1,326
2,020
1,251
1,489
1,535
1,468
1,038
1,657
1,615
1,907
1,485
2,128
1,505
1,759
1,357
1,413
2,133
1,527
1,590
1,946
1,961
1,529
1,684
1,588
2,036
2,413
1,690
2,450
1,497
2,471
1,941
2,462
2,287
2,658
Peak strength within 127 mm
N
SWR
72,613
59,749
90,188
55,207
64,441
66,621
62,097
41,073
63,181
62,828
72,306
51,711
70,264
46,662
52,436
38,179
38,281
57,222
40,101
40,345
49,073
50,346
38,637
41,257
37,196
47,334
54,829
38,268
55,934
33,393
55,038
41,582
49,878
37,596
44,776
Peak strength prior to head
contact
N
5.1
4.6
4.6
4.5
4.4
4.4
4.3
4
3.9
3.9
3.9
3.6
3.4
3.2
3
2.9
2.8
2.7
2.7
2.6
2.6
2.6
2.6
2.5
2.4
2.4
2.3
2.3
2.3
2.3
2.3
2.2
2.1
1.7
1.7
SWR
72,613
59,749
N/A
55,207
64,441
66,621
62,097
41,073
63,181
62,828
72,306
51,711
70,264
46,662
52,436
38,179
38,281
57,222
41,822
40,345
N/A
50,346
38,637
41,257
37,196
47,334
54,829
38,268
56,294
33,393
55,038
41,582
49,878
42,578
44,776
*GVWR greater than 6,000 pounds
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5.1
4.6
N/A
4.5
4.4
4.4
4.3
4
3.9
3.9
3.9
3.6
3.4
3.2
3
2.9
2.8
2.7
2.8
2.6
N/A
2.6
2.6
2.5
2.4
2.4
2.3
2.3
2.3
2.3
2.3
2.2
2.1
1.9
1.7
Platen displacement at
head contact
(mm)
158
113
N/A
177
123
155
N/A
115
150
167
112
127
185
131
N/A
107
140
N/A
132
126
N/A
138
N/A
N/A
123
172
N/A
N/A
171
124
N/A
117
N/A
158
205
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Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules
We observed from this recent testing
that the range of SWRs for vehicles with
a GVWR of 6,000 pounds (2722
kilograms) or less tended to be higher
than the range of SWRs for vehicles
with a GVWR greater than 6,000 pounds
(2722 kilograms). The SWR of many late
model vehicles with a GVWR of 6,000
pounds (2722 kilograms) or less was
substantially higher than the 2.5 value
the agency focused on in the NPRM.
Conversely, only two vehicles we tested
with a GVWR greater than 6,000 pounds
(2722 kilograms) exceeded the 2.5 value.
We note that the data presented in
these tables do not factor in the full
spectrum of weight ranges for the
models tested. The SWR for each model
was calculated using the unloaded
vehicle weight (UVW) of the tested
vehicle rather than the maximum
vehicle weight. In comments on the
NPRM, manufacturers said that vehicles
would have to be designed to comply in
their maximum weight configuration.
NHTSA agrees with this comment and
will reflect maximum weight
configurations in the final rule analysis.
We request comments on any other
steps the agency should take in factoring
these new test data into its decisions for
the final rule.
B. Two-Sided Tests
In the NPRM, the agency summarized
the testing it had conducted to evaluate
the strength of the second side of the
roof of vehicles whose first side had
already been tested. In this testing, after
the force was applied to one side of the
roof over the front seat area of a vehicle,
the vehicle was repositioned and force
was then applied on the opposite side
of the roof over the front seat area. In
performing these tests on both sides of
a vehicle, the agency used the platen
angle currently specified in FMVSS No.
216 (5° × 25°). We concluded that the
strength of the roof on the second side
of some vehicles may have been
increased or decreased as a result of the
deformation of the first side of the roof.
The agency indicated that it planned to
conduct further research before
proposing rulemaking in this area.
The agency has expanded the series of
two-sided roof crush tests discussed in
the NPRM. The agency has now
conducted a total of 26 sequential twosided tests, as part of its evaluation, and
is also releasing these data to the public
in conjunction with this document.
A summary of the test results is
presented in the following Table 3.
TABLE 3.—RESULTS OF 2-SIDED TESTING (5° × 25° PLATEN ANGLE)
Peak SWR prior to 127
mm of platen travel or
head contact
Vehicle
1st side
2007
2007
2007
2005
2007
2003
2007
2007
2007
2005
2007
2007
2003
2004
2006
2007
2006
2007
2007
2005
2004
2001
2007
2004
2007
2004
Chevrolet Express 4 ........................................................................................................................
Jeep Grand Cherokee ....................................................................................................................
Pontiac G6 ......................................................................................................................................
Lincoln LS * .....................................................................................................................................
Saturn Outlook ................................................................................................................................
Ford Crown Victoria * ......................................................................................................................
Ford F–150 .....................................................................................................................................
Chevrolet Tahoe .............................................................................................................................
Toyota Yaris ...................................................................................................................................
Buick LaCrosse ..............................................................................................................................
Toyota Tacoma ...............................................................................................................................
Buick Lucerne .................................................................................................................................
Chevrolet Impala * ..........................................................................................................................
Lincoln LS * .....................................................................................................................................
Subaru Tribeca ...............................................................................................................................
Scion tC ..........................................................................................................................................
Chrysler Crossfire ...........................................................................................................................
Dodge Caravan ..............................................................................................................................
Honda CRV ....................................................................................................................................
Buick LaCrosse ..............................................................................................................................
Nissan Quest * ................................................................................................................................
GMC Sierra * ...................................................................................................................................
Chrysler 300 ...................................................................................................................................
Chrysler Pacifica * ...........................................................................................................................
Toyota Camry .................................................................................................................................
Land Rover Freelander * ................................................................................................................
2.3
2.2
2.3
2.6
2.7
2.0
2.3
2.1
4.0
2.6
4.4
2.3
2.9
2.5
3.9
4.6
2.9
3.0
2.6
2.4
2.8
1.9
2.5
2.2
4.3
1.7
Peak force
change
(percent)
2nd side
1.7
1.6
1.7
2.0
2.2
1.7
1.9
1.7
3.4
2.2
3.9
2.1
2.5
2.2
3.5
4.3
2.7
2.9
2.5
2.3
2.7
1.9
2.5
2.4
4.7
2.0
¥27.3
¥27.1
¥23.8
¥21.3
¥20.8
¥19.5
¥19.0
¥16.4
¥15.8
¥13.5
¥12.2
¥10.8
¥9.9
¥8.7
¥8.3
¥6.7
¥5.6
¥5.3
¥4.9
¥3.4
¥3.0
¥1.3
1.6
7.0
9.0
19.2
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* Crush of first side stopped at windshield cracking.
4 Between the first and second side tests, the front door on the tested side was opened. Because of damage to the vehicle during the first side
test, the door would not properly close. The door was clamped until the latch engaged, locking the door in place. This may have compromised
the structural integrity of the roof and reduced the measured peak load on the second side.
For the first eight tests (those with
asterisks in the table), testing of the first
side of the vehicle was conducted until
the windshield cracked. This occurred
between 90 and 100 mm (3.54 and 3.94
inches) of platen travel for all vehicles
except the Nissan Quest which required
135 mm (5.31 inches) of platen travel
before the windshield cracked. The
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second side was then tested for 254 mm
(10 inches) of platen travel. For all other
tests, the first side was conducted to 127
mm (5 inches) of platen travel unless
head contact occurred first. The second
side was then tested for 254 mm (10
inches) of platen travel. We note that in
all 26 tests, the windshield cracked
before completion of the first side test.
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In the first eight tests, the peak SWR
was recorded at the time the windshield
cracked on the first side. For all other
testing, the SWR was recorded prior to
127 mm (5 inches) of platen travel or
prior to head contact, whichever
occurred first.
The two-sided test results show that
the first side test generally produces a
weakening of the structure. This is
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shown by the fact that the recorded
SWR for the second side is generally
lower than for the first side. On average,
the peak strength for the second side
was reduced by 8.7 percent. However,
for several of the vehicles, we observed
considerably higher reductions in peak
strength. Of the 25 vehicles tested,
excluding the Chevrolet Express, six
experienced reductions in strength of 19
percent or greater.
With respect to two-sided vehicle
testing, we believe that the post-NPRM
tests provide the agency with sufficient
additional information for the agency to
now consider a two-sided test
requirement for the final rule. However,
as discussed in the following sections,
the agency seeks comment on the
relative trade offs between the singlesided and two-sided test procedures.
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III. Discussion
Based upon the results of the testing
described above, the agency is
contemplating various alternatives for a
final rule. Each of the alternatives will
directly affect the current fleet failure
rate estimates, vehicle design changes
and vehicle content necessary to meet
those alternatives, and consequent
benefits and costs. The agency has not
completed cost/benefit analyses for
these various alternatives, however, the
agency will ensure that its decisions
about these alternatives result in a final
rule that is cost beneficial, as
contemplated by Executive Order
12866.
Public comments submitted in
response to the NPRM and research
conducted by NHTSA indicate some
general conclusions that can be drawn
regarding the directional impact of these
alternatives, as well as subsequent
changes in vehicle content and other
factors that may influence the final rule.
The August 2005 PRIA examined the
proposed SWR of 2.5 and the alternative
SWR of 3.0 times the unloaded vehicle
weight. Estimated costs ranged from $88
to 95 million for the 2.5 SWR alternative
and $1.2 to $1.3 billion for the 3.0 SWR
alternative. Benefits were estimated to
be 13 to 44 fatalities and 498 to 793
nonfatal injuries prevented for the 2.5
alternative, and 49 to 135 fatalities and
1540 to 2151 nonfatal injuries prevented
for the 3.0 alternative. The estimated
impacts of the final rule will be changed
by a number of factors. These include:
A. Pass/Fail Rate of the Vehicle Fleet
In response to the NPRM,
manufacturers commented that
NHTSA’s estimates underestimated the
portion of the vehicle fleet that would
require changes. The manufacturers
noted that NHTSA’s estimates were
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based on individual vehicles’ actual
weights, but that manufacturers would
have to design roof structures to meet
the maximum weight that each body
design would be required to carry. Thus,
for example, test results from a vehicle
with a four-cylinder engine and manual
transmission might not be indicative of
the same vehicle with a six-cylinder
engine and automatic transmission
option, even though they share the same
body design and roof structure. The
agency agrees with this comment and
will make appropriate adjustments in its
revised analysis for the final rule. In the
NPRM, the agency estimated that 32
percent of the vehicle fleet would have
to be changed to meet the 2.5 proposal,
whereas manufacturers commented that
the portion was over 80 percent. Based
on the agency’s testing, more recent
vehicle designs tested appear to have
stronger roofs. Therefore, it is not yet
clear what the actual failure rate will be.
However, at this time, it appears likely
that the impact of this adjustment will
be to increase both the costs and
benefits of the rule.
B. Impact of Electronic Stability Control
Safety Standard on Potential Benefits
The PRIA for the August 2005 NPRM
to amend FMVSS No. 216 examined the
model year (MY) 2005 fleet. During MY
2005, Electronic Stability Control (ESC)
was voluntarily installed on roughly
18% of the new light vehicle fleet, and
the PRIA took this into account.
However, NHTSA published a
proposal in September 2006 and a final
rule 5 in April 2007 requiring ESC on
100% of passenger cars and of light
trucks, multipurpose passenger
vehicles, and vans (LTVs), effective
September 1, 2011. Therefore, the FRIA
for the final rule upgrading FMVSS No.
216 will adjust the target population for
this rulemaking to reflect the ESC
mandate. Since ESC is a highly effective
countermeasure, preventing roughly
half of all rollovers in passenger cars
and LTVs, this adjustment will
significantly reduce both the target
population and the safety benefits
associated with FMVSS No. 216.
C. Revised Cost and Weight Estimates
In the PRIA, NHTSA based its cost
estimates on 4 vehicles: The 1997
Plymouth Neon, the 1999 Ford E–150
Van, the 1997 Dodge Caravan, and the
1998 Chevrolet S–10 pickup. These
vehicles were used because they were
the only vehicles for which the agency
had finite element models which could
be used to simulate the impact of roof
design changes on roof strength. The
5 66
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Frm 00029
agency used these vehicles to impute
costs for the overall fleet based on the
relative roof strength of a sample of
tested vehicles. A similar procedure was
used for vehicle weight changes. The
PRIA estimated that the average cost per
affected vehicle would be
approximately $11 to meet the 2.5 SWR
alternative and $51 for the 3.0 SWR
alternative, with individual model costs
as high as $16 for the 2.5 alternative and
$84 for the 3.0 alternative. The PRIA
also estimated average weight increases
ranging from 2 to 14 kilograms (4 to 30
pounds). Weight is a factor in the
analysis because it influences both fuel
economy, and the vehicle’s center of
gravity which can influence the
vehicle’s tendency to roll over.
In response, the Alliance of
Automobile Manufacturers (Alliance)
submitted an analysis of costs and
weights for 2 vehicle types—a large SUV
and a large pickup truck.6 The Alliance
estimates were based on engineering
studies from a variety of manufacturers
and represented a range of results for
each vehicle type. The Alliance
estimated that variable unit costs for a
large SUV would range from $38 to $58
to meet a 2.5 SWR alternative, $60 to
$90 to meet a 3.0 SWR alternative and
$110 to $130 to meet a 3.5 SWR
alternative. Based on NHTSA cost
studies, total costs including overhead,
markup and profit could be 50 percent
higher than these variable costs. The
Alliance estimated the corresponding
weight increases for these scenarios to
be 27 to 30 kilograms (60 to 67 pounds)
for the 2.5 SWR, 68 to 122 kilograms
(150 to 270 pounds) for the 3.0 SWR,
and 113 to 245 kilograms (250 to 540
pounds) for the 3.5 SWR. For the large
pickup truck the Alliance estimated that
variable unit costs would range from
$55 to $185 to meet a 2.5 SWR
alternative, $100 to $200 to meet a 3.0
SWR alternative and $165 to $525 to
meet a 3.5 SWR alternative. The
Alliance estimate for corresponding
weight increases for these scenarios
were 17 to 31 kilograms (38 to 68
pound) for the 2.5 SWR, 39 to 118
kilograms (85 to 260 pounds) for the 3.0
SWR, and 54 to 236 kilograms (120 to
520 pound) for the 3.5 SWR.
The Alliance also contracted an
independent study by Magna Steyr on
the feasibility of modifying a crew cab
pickup for compliance with the NPRM
proposal (2.5 SWR). The study
concluded that meeting the proposal in
a 3-year lead time was feasible, but
would add 33 kilograms (73 pounds)
and $76 to $98 in variable costs. It also
found that if enough leadtime were
6 See
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Docket No. NHTSA–2005–22143–249.
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provided to allow implementation
during a new production cycle, higher
strength materials were feasible in
conjunction with new tooling and this
could result in a 5 kilogram (11 pound)
savings in weight relative to the base
vehicle. The Alliance data represent
industry estimates of costs and weight
impacts for the two types of vehicles—
large SUVs and large pickup trucks—for
which higher SWRs are likely to pose
the most difficult challenges and result
in the largest cost and weight penalties.
However, these types of vehicles
represent only a small portion of new
vehicle sales (approximately 9 percent)
and their design challenges are unlikely
to be representative of the bulk of the
vehicle fleet. The Alliance did not
provide estimates for other vehicle
types—passenger cars, light pickups,
crossover SUVs, etc. The agency
believes that meeting a higher SWR may
be significantly easier for the vehicle
types not submitted by the Alliance
based upon our fleet results. The agency
will consider the Alliance estimates and
results from its own research when
developing the Final Regulatory Impact
Analysis, but at this time it is unclear
whether unit costs will change
significantly for vehicles other than
large pickups and large SUVs.
The agency has also conducted
additional tear down studies. A study 7
conducted by The Ohio State University
examined the Volvo XC90 and the Ford
Explorer. The study found that the XC–
90 roof had roughly 1⁄3 more structural
parts than the Explorer, and that
implementing some of the XC–90 design
concepts in the Ford Explorer would
increase material and tooling costs by
$81 and weight by 15 kilograms (33
pounds). Additional work based on
finite element models and cost
teardown studies conducted by Ludtke
Associates and the National Crash
Analysis Center 8 found that
strengthening the 2003 Ford Explorer to
3.0 SWR would raise the vehicle’s price
by $33 to $35 and increase its weight by
5 to 10 kilograms (10 to 23 pounds).
They also examined a 2000 Ford
Taurus. The study indicated that raising
the Taurus to a 3.0 SWR would increase
its price by $175 to $204, and increase
its weight by 7 to 12 kilograms (15 to 27
pounds).
D. Two-Sided Testing Implications
The two-sided testing conducted by
NHTSA thus far indicate an average
difference of approximately 8 percent
lower peak force for the second side in
vehicles under 2,722 kilograms (6,000
pounds) GVWR 9 and 17 percent lower
peak force for the second side in
vehicles over 2,722 kilograms (6,000
pounds) GVWR.10 Thus, the adoption of
a two-sided alternative would result in
some increase in the portion of the fleet
that would fail the roof crush
requirements beyond the portion
estimated in the NPRM. This would
increase the benefits as well as the costs
of this rulemaking.
We have conducted an analysis to
examine the relative impact of onesided testing vs. two-sided testing,
based primarily on the results of the
agency’s own FMVSS No. 216 testing
program. Since the publication of the
October 2001 request for comment (66
FR 53376), the agency has conducted
roof strength testing on 69 vehicles.
5489
Although these tests were conducted on
specific vehicles, for this exercise, the
results were adjusted to reflect the
maximum unloaded vehicle weight
configuration for each make/model. The
agency tested 21 vehicles with GVWRs
less than 2,722 kilograms (6,000
pounds) under a two-sided test regime.
Eleven of these vehicles passed a 2.5
SWR on both the first and second side
tested. Only five vehicles passed a 3.0
SWR on both sides and only four passed
a 3.5 SWR. The agency also conducted
two-sided tests on five vehicles with
GVWRs over 2,722 kilograms (6,000
pounds). None of these vehicles passed
a 2.5 or greater SWR. The agency also
has single-sided testing data on 32
vehicles with GVWRs less than 2,722
kilograms (6,000 pounds) and 11
vehicles with GVWRs over 2,722
kilograms (6,000 pounds).
The roof strength results for this
sample of 69 vehicles were then sales
weighted to estimate the relative passfail rates that might result for singlesided and two-sided test procedure
alternatives. The estimates show nearly
100 percent of vehicles over 2,722
kilograms (6,000 pounds) GVWR failed
under all scenarios. The vehicles with
GVWR under 2,722 kilograms (6,000
pounds) had higher failure rates for the
two-sided tests when compared to the
single-sided procedure. At a SWR of 2.5,
the lighter vehicles are estimated to
have a failure rate of 45 percent for
single-sided and 67 percent for twosided tests. The failure rate increases
with higher SWR scenarios. A summary
of the results is presented in the
following Table 4.
TABLE 4.—ESTIMATED FLEET FAILURE RATES BASED ON GVWR
GVWR
2.5 SWR
3.0 SWR
3.5 SWR
Two-Sided Testing
< 2,722 kg GVWR .......................................................................................................................
> 2,722 kg GVWR .......................................................................................................................
67.2%
100.0%
78.6%
100.0%
85.0%
100.0%
Total ......................................................................................................................................
75.1%
83.7%
88.6%
< 2,722 kg GVWR .......................................................................................................................
> 2,722 kg GVWR .......................................................................................................................
44.5%
98.9%
76.9%
100.0%
80.9%
100.0%
Total ......................................................................................................................................
57.6%
82.5%
85.5%
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Single-Sided Testing
7 Available in the docket of this notice: Hutter,
Erin E., ‘‘Improving Roof Crush Performance of a
Sport Utility Vehicle,’’ The Ohio State University,
2007.
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11:39 Jan 29, 2008
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8 Available in the docket of this notice: ‘‘Cost,
Weight, and Lead Time Analysis Roof Crush
Upgrade,’’ Task Order No. 007.
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9 Refers to vehicles with a GVWR equal to or less
than 2,722 kilograms (6,000 pounds).
10 Refers to vehicles with a GVWR greater than
2,722 kilograms (6,000 pounds).
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E. Other Factors
In the NPRM, the agency estimated
benefits based on post-crash headroom,
the only basis for which a statistical
relationship with injury reduction had
been established. In that analysis, the
agency estimated that the proposed 2.5
SWR requirement would prevent 13 to
44 fatalities.11
More recently, the agency has
estimated benefits based on the
relationship between intrusion and the
probability of injury. This relationship
was not established when the NPRM
was published, but with the additional
years of data available, a statistically
significant relationship between
intrusion and injury for belted
occupants has since been established. A
study regarding this relationship has
undergone peer review and is available
in the docket.12 This broader
relationship, together with other factors,
including the higher failure rates
resulting from adjustments for
maximum vehicle weight and the higher
effective SWRs that result from this
same issue will likely lead to slightly
higher benefits than was estimated in
the NPRM.
In the NPRM, NHTSA estimated the
cost of meeting the proposed 2.5 SWR
single-sided test requirement at $16–
$17 13 for vehicles that do not already
meet the standard, consisting of roughly
$11 for design changes and $5–$6 for
added lifetime fuel consumption.
The agency believes that these cost
estimates may increase for several
reasons. The first is that manufacturers
stated that vehicle body platforms must
be designed to their heaviest possible
design configuration. This means that a
body platform that supports several
different engine, transmission, and
suspension options must be strong
enough to pass the test requirements
under the maximum weighted
combination of these options. This
could increase the effective SWR of the
entire body platform and this would
increase the average cost and weight
impact of the required design changes.
This would primarily be an issue for
large trucks and SUVs, which are
designed with a wide range of optional
performance packages. It would be
much less of a factor for passenger cars.
A second reason costs might rise is
that predicted gasoline prices may be
higher than prices predicted in the
11 This range reflects two different methodologies
that were examined.
12 Available in the docket of the notice: Strashny,
Alexander, ‘‘The Role of Vertical Roof Intrusion and
Post-Crash Headroom in Predicting Roof Contact
Injuries to the Head, Neck, or Face during FMVSS
216 Rollovers.’’
13 Under a 7% and 3% discount rate, respectively.
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NPRM. The NPRM fuel cost estimates
were based on forecasts from the Energy
Information Administration (EIA),
which predicted an average pump price
of roughly $1.46/gallon (2002 dollars) in
2007. The final rule will be based on
EIA’s latest predictions. It is expected
that EIA’s predictions will be higher
than its earlier ones.
A third reason costs may rise is that
the cost estimates NHTSA used for the
NPRM assumed single-sided tests. For
the two-sided testing program
alternative, the agency found an average
difference of approximately 8–17
percent lower peak force for the second
side (depending on vehicle weight
class). Thus, some vehicle designs may
need added strengthening to meet a twosided test relative to a single-sided test.
Regardless of which alternative is
adopted in the final rule, the agency
will ensure that the final rule is cost
beneficial, as contemplated by
Executive Order 12866.
IV. Comments Sought
The agency requests comments on the
costs of meeting the single-sided and
two-sided testing alternative
requirements for different types of
vehicles for the proposed SWR of 2.5, as
well as the alternatives of 3.0 and 3.5.
1. In the single-sided test results, the
agency observed that vehicles under
6,000 pounds achieved higher SWR
levels than did those vehicles over 6,000
pounds. Should the agency consider
different stringency requirements for
vehicles according to their weight class?
Will different design strategies be
necessary to meet the requirements for
vehicles under or over 6,000 pounds?
What are the cost implications
associated with different stringency
requirements and different design
strategies?
2. In the agency’s two-sided testing,
an average reduction of about 8% was
observed in the second side SWR
compared to the first side for vehicles
under 6,000 pounds, compared to an
average 17% reduction for those over
6,000 pounds. Table 4 also indicates a
much higher failure rate for two-sided
testing compared to a single-sided
requirement, and appears to indicate
that fleet failure rates (and consequently
benefits) for a two-sided test at a 2.5
SWR would be comparable to a singlesided test at a higher SWR. What are the
relative costs associated with, for
example, a two-sided requirement at 2.5
SWR versus a single-sided test at 3.0
SWR? If comparable benefits can be
achieved with a single-sided test at a
higher SWR requirement compared to a
two-sided test at a lower SWR level, are
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there other considerations the agency
should include in the FRIA?
3. If a two-sided alternative is pursued
in the final rule, will different design
strategies be required to meet the
requirements for vehicles under or over
6,000 pounds? What are the cost
implications associated with these
strategies?
V. Public Participation
How Do I Prepare and Submit
Comments?
Your comments must be written and
in English. To ensure that your
comments are correctly filed in the
Docket, please include the docket
number of this document in your
comments. Your comments must not be
more than 15 pages long.14 We
established this limit to encourage you
to write your primary comments in a
concise fashion. However, you may
attach necessary additional documents
to your comments. There is no limit on
the length of the attachments.
Please submit your comments by any
of the following methods:
• Federal eRulemaking Portal: go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, West Building, Ground
Floor, Rm. W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
between 9 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except Federal
holidays.
• Fax: (202) 493–2251.
If you are submitting comments
electronically as a PDF (Adobe) file, we
ask that the documents submitted be
scanned using Optical Character
Recognition (OCR) process, thus
allowing the agency to search and copy
certain portions of your submissions.15
Please note that pursuant to the Data
Quality Act, in order for substantive
data to be relied upon and used by the
agency, it must meet the information
quality standards set forth in the OMB
and DOT Data Quality Act guidelines.
Accordingly, we encourage you to
consult the guidelines in preparing your
comments. OMB’s guidelines may be
accessed at https://www.whitehouse.gov/
omb/fedreg/reproducible.html. DOT’s
guidelines may be accessed at https://
14 See
49 CFR 553.21.
character recognition (OCR) is the
process of converting an image of text, such as a
scanned paper document or electronic fax file, into
computer-editable text.
15 Optical
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dmses.dot.gov/submit/
DataQualityGuidelines.pdf.
How Can I Be Sure That My Comments
Were Received?
If you submit your comments by mail
and wish Docket Management to notify
you upon its receipt of your comments,
enclose a self-addressed, stamped
postcard in the envelope containing
your comments. Upon receiving your
comments, Docket Management will
return the postcard by mail.
How Do I Submit Confidential Business
Information?
If you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION
CONTACT. When you send a comment
containing information claimed to be
confidential business information, you
should include a cover letter setting
forth the information specified in our
confidential business information
regulation.16
In addition, you should submit a
copy, from which you have deleted the
claimed confidential business
information, to the Docket by one of the
methods set forth above.
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Will the Agency Consider Late
Comments?
We will consider all comments
received before the close of business on
the comment closing date indicated
above under DATES. To the extent
possible, we will also consider
comments received after that date.
Therefore, if interested persons believe
that any new information the agency
places in the docket affects their
comments, they may submit comments
after the closing date concerning how
the agency should consider that
information for the final rule.
If a comment is received too late for
us to consider in developing a final rule
(assuming that one is issued), we will
consider that comment as an informal
suggestion for future rulemaking action.
How Can I Read the Comments
Submitted By Other People?
You may read the materials placed in
the docket for this document (e.g., the
comments submitted in response to this
document by other interested persons)
at any time by going to https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
16 See
49 CFR 512.
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You may also read the materials at the
Docket Management Facility by going to
the street address given above under
ADDRESSES. The Docket Management
Facility is open between 9 a.m. and
5 p.m. Eastern Time, Monday through
Friday, except Federal holidays.
VI. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
NHTSA has considered the impact of
this rulemaking action under Executive
Order 12866 and the Department of
Transportation’s regulatory policies and
procedures. The Office of Management
and Budget reviewed this rulemaking
document under E.O. 12866,
‘‘Regulatory Planning and Review.’’
This rulemaking action has been
determined to be significant under
Executive Order 12866 and the DOT
Policies and Procedures because of
Congressional and public interest.
Our current understanding of the
benefits and costs of this rulemaking is
set forth on the pages above.
NHTSA will prepare a Final
Regulatory Impact Analysis (FRIA)
describing the costs and benefits of this
rulemaking action for the final rule. The
FRIA will analyze alternatives
considered by the agency and the final
rule as issued, and will reflect
consideration of comments addressing
costs and benefits. The agency invites
comments concerning how the
alternatives to the proposal discussed in
today’s document could affect costs and
benefits.
B. Privacy Act
Anyone is able to search the
electronic form of all comments
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://docketsinfo.dot.gov/.
Rulemaking Analyses and Notices
In the August 2005 NPRM, the agency
discussed relevant requirements related
to the Regulatory Flexibility Act, the
National Environmental Policy Act,
Executive Order 13132 (Federalism), the
Unfunded Mandates Act, Civil Justice
Reform, the National Technology
Transfer and Advancement Act, and the
Paperwork Reduction Act. The
variations in the proposal discussed in
this document do not affect the agency’s
analyses in those areas. NHTSA will
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5491
address comments in these areas in
connection with the final rule.
VII. Proposed Regulatory Text
List of Subjects in 49 CFR Part 571
Motor vehicle safety, Tires.
In consideration of the foregoing,
NHTSA proposes to amend 49 CFR part
571 as follows:
PART 571—[AMENDED]
1. The authority citation of Part 571
continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115,
30166 and 30177; delegation of authority at
49 CFR 1.50.
Alternative 1 (Two-Sided Test)
2. Amend § 571.216 by:
a. Revising S3 to read as set forth
below;
b. Adding to S4, in alphabetical order,
new definitions of ‘‘Convertible’’ and
‘‘Roof component;’’
c. Revising S5 to read as set forth
below;
d. Removing S5.1;
e. Revising S7.1 through S7.6 to read
as set forth below;
f. Adding S7.7 to read as set forth
below; and
g. Removing S8 through S8.4.
The revisions and additions read as
follows:
§ 571.216 Standard No. 216; Roof crush
resistance.
*
*
*
*
*
S3. Application. This standard
applies to passenger cars, and to
multipurpose passenger vehicles, trucks
and buses with a GVWR of 4,536
kilograms (10,000 pounds) or less.
However, it does not apply to—
(a) School buses;
(b) Vehicles that conform to the
rollover test requirements (S5.3) of
Standard No. 208 (§ 571.208) by means
that require no action by vehicle
occupants;
(c) Convertibles, except for optional
compliance with the standard as an
alternative to the rollover test
requirement (S5.3) of Standard No. 208;
or
(d) Vehicles manufactured in two or
more stages, other than chassis cabs,
that conform to the roof crush
requirements (S4) of Standard No. 220
(§ 571.220).
S4. Definitions.
*
*
*
*
*
Convertible means a vehicle whose Apillars are not joined with the B-pillars
(or rearmost pillars) by a fixed, rigid
structural member.
*
*
*
*
*
Roof component means the A-pillar,
B-pillar, roof side rail, front header, rear
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Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules
header, roof, and all interior trim in
contact with these components.
*
*
*
*
*
S5. Requirements. When the test
device described in S6 is used to apply
a force to a vehicle’s roof in accordance
with S7, first to one side of the roof and
then to the other side of the roof, no roof
component or portion of the test device
may contact the head or the neck of the
seated Hybrid III 50th percentile male
dummy specified in 49 CFR Part 572,
Subpart E. The maximum applied force
in Newtons is any value up to and
including 2.5 times the unloaded
vehicle weight of the vehicle, measured
in kilograms and multiplied by 9.8.
*
*
*
*
*
S7.1 Secure the vehicle in accordance
with S7.1(a) through (d).
(a) Support the vehicle off its
suspension at a longitudinal vehicle
attitude of 0 degrees ± 0.5 degrees.
Measure the longitudinal vehicle
attitude along both the driver and
passenger sill. Determine the lateral
vehicle attitude by measuring the
vertical distance between a level surface
and a standard reference point on the
bottom of the driver and passenger side
sills. The difference between the vertical
distance measured on the driver side
and the passenger side sills shall not
exceed ± 1 cm.
(b) Secure the vehicle with four
stands. The locations for supporting the
vehicle are defined in S7.1(c) or (d).
Welding is permissible. The vehicle
overhangs are not supported. Chains
and wire rope are not used to secure the
vehicle. Fix all non-rigid body mounts
to prevent motion of the body relative
to the frame. Close all windows, close
and lock all doors, and secure any
moveable or removable roof structure in
place over the occupant compartment.
Remove roof racks or other nonstructural components.
(c) For vehicles with manufacturer’s
designated jacking locations, locate the
stands at or near the specified location.
(d) For vehicles with undefined
jacking locations, generalized jacking
areas, or jacking areas that are not part
of the vehicle body or frame, such as
axles or suspension members, locate
two stands in the region forward of the
rearmost axle and two stands rearward
of the forwardmost axle. All four stands
shall be located between the axles on
either the vehicle body or vehicle frame.
S7.2 (a) Adjust the seats and steering
controls in accordance with S8.1.2 and
S.8.1.4 of 49 CFR 571.208.
(b) Place adjustable seat backs in the
manufacturer’s nominal design riding
position in the manner specified by the
manufacturer. Place any adjustable
VerDate Aug<31>2005
11:39 Jan 29, 2008
Jkt 214001
anchorages at the manufacturer’s
nominal design position for a 50th
percentile adult male occupant. Place
each adjustable head restraint in its
lowest adjustment position. Adjustable
lumbar supports are positioned so that
the lumbar support is in its lowest
adjustment position.
S7.3 Position the Hybrid III 50th
percentile male dummy specified in 49
CFR Part 572, Subpart E in accordance
with S10.1 through S10.6.2.2 of 49 CFR
571.208, in the front outboard
designated seating position on the side
of the vehicle being tested.
S7.4 Orient the test device as shown
in Figure 1 of this section, so that—
(a) Its longitudinal axis is at a forward
angle (in side view) of 5 degrees below
the horizontal, and is parallel to the
vertical plane through the vehicle’s
longitudinal centerline;
(b) Its transverse axis is at an outboard
angle, in the front view projection, of 25
degrees below the horizontal.
S7.5 Maintaining the orientation
specified in S7.4—
(a) Lower the test device until it
initially makes contact with the roof of
the vehicle.
(b) Position the test device so that—
(1) The longitudinal centerline on its
lower surface is within 10 mm of the
initial point of contact, or on the center
of the initial contact area, with the roof;
and
(2) The midpoint of the forward edge
of the lower surface of the test device is
within 10 mm of the transverse vertical
plane 254 mm forward of the
forwardmost point on the exterior
surface of the roof, including
windshield trim, that lies in the
longitudinal vertical plane passing
through the vehicle’s longitudinal
centerline.
S7.6 Apply force so that the test
device moves in a downward direction
perpendicular to the lower surface of
the test device at a rate of not more than
13 millimeters per second until reaching
the force level specified in S5. Guide the
test device so that throughout the test it
moves, without rotation, in a straight
line with its lower surface oriented as
specified in S7.4(a) and S7.4(b).
Complete the test within 120 seconds.
S7.7 Repeat the test on the other side
of the vehicle.
*
*
*
*
*
Alternative 2 (Single-Sided Test)
3. Amend § 571.216 by:
a. Revising S3 to read as set forth
below;
b. Adding to S4, in alphabetical order,
new definitions of ‘‘Convertible’’ and
‘‘Roof component;’’
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
c. Revising S5 to read as set forth
below;
d. Removing S5.1;
e. Revising S7.1 through S7.6 to read
as set forth below; and
f. Removing S8 through S8.4.
The revisions and additions read as
follows:
§ 571.216 Standard No. 216; Roof crush
resistance.
*
*
*
*
*
S3. Application. This standard
applies to passenger cars, and to
multipurpose passenger vehicles, trucks
and buses with a GVWR of 4,536
kilograms (10,000 pounds) or less.
However, it does not apply to—
(a) School buses;
(b) Vehicles that conform to the
rollover test requirements (S5.3) of
Standard No. 208 (§ 571.208) by means
that require no action by vehicle
occupants;
(c) Convertibles, except for optional
compliance with the standard as an
alternative to the rollover test
requirement (S5.3) of Standard No. 208;
or
(d) Vehicles manufactured in two or
more stages, other than chassis cabs,
that conform to the roof crush
requirements (S4) of Standard No. 220
(§ 571.220).
S4. Definitions.
*
*
*
*
*
Convertible means a vehicle whose Apillars are not joined with the B-pillars
(or rearmost pillars) by a fixed, rigid
structural member.
*
*
*
*
*
Roof component means the A-pillar,
B-pillar, roof side rail, front header, rear
header, roof, and all interior trim in
contact with these components.
*
*
*
*
*
S5. Requirements. When the test
device described in S6 is used to apply
a force to a vehicle’s roof in accordance
with S7, no roof component or portion
of the test device may contact the head
or the neck of the seated Hybrid III 50th
percentile male dummy specified in 49
CFR Part 572, Subpart E. The maximum
applied force in Newtons is any value
up to and including 2.5 times the
unloaded vehicle weight of the vehicle,
measured in kilograms and multiplied
by 9.8. A particular vehicle need not
meet the requirements on the second
side of the vehicle, after being tested at
one location.
*
*
*
*
*
S7.1 Secure the vehicle in accordance
with S7.1(a) through (d).
(a) Support the vehicle off its
suspension at a longitudinal vehicle
attitude of 0 degrees ± 0.5 degrees.
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yshivers on PROD1PC62 with PROPOSALS
Measure the longitudinal vehicle
attitude along both the driver and
passenger sill. Determine the lateral
vehicle attitude by measuring the
vertical distance between a level surface
and a standard reference point on the
bottom of the driver and passenger side
sills. The difference between the vertical
distance measured on the driver side
and the passenger side sills shall not
exceed ± 1 cm.
(b) Secure the vehicle with four
stands. The locations for supporting the
vehicle are defined in S7.1(c) or (d).
Welding is permissible. The vehicle
overhangs are not supported. Chains
and wire rope are not used to secure the
vehicle. Fix all non-rigid body mounts
to prevent motion of the body relative
to the frame. Close all windows, close
and lock all doors, and secure any
moveable or removable roof structure in
place over the occupant compartment.
Remove roof racks or other nonstructural components.
(c) For vehicles with manufacturer’s
designated jacking locations, locate the
stands at or near the specified location.
(d) For vehicles with undefined
jacking locations, generalized jacking
areas, or jacking areas that are not part
of the vehicle body or frame, such as
axles or suspension members, locate
two stands in the region forward of the
rearmost axle and two stands rearward
of the forwardmost axle. All four stands
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11:39 Jan 29, 2008
Jkt 214001
shall be located between the axles on
either the vehicle body or vehicle frame.
S7.2 (a) Adjust the seats and steering
controls in accordance with S8.1.2 and
S.8.1.4 of 49 CFR 571.208.
(b) Place adjustable seat backs in the
manufacturer’s nominal design riding
position in the manner specified by the
manufacturer. Place any adjustable
anchorages at the manufacturer’s
nominal design position for a 50th
percentile adult male occupant. Place
each adjustable head restraint in its
lowest adjustment position. Adjustable
lumbar supports are positioned so that
the lumbar support is in its lowest
adjustment position.
S7.3 Position the Hybrid III 50th
percentile male dummy specified in 49
CFR Part 572, Subpart E in accordance
with S10.1 through S10.6.2.2 of 49 CFR
571.208, in the front outboard
designated seating position on the side
of the vehicle being tested.
S7.4 Orient the test device as shown
in Figure 1 of this section, so that—
(a) Its longitudinal axis is at a forward
angle (in side view) of 5 degrees below
the horizontal, and is parallel to the
vertical plane through the vehicle’s
longitudinal centerline;
(b) Its transverse axis is at an outboard
angle, in the front view projection, of 25
degrees below the horizontal.
S7.5 Maintaining the orientation
specified in S7.4—
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
5493
(a) Lower the test device until it
initially makes contact with the roof of
the vehicle.
(b) Position the test device so that—
(1) The longitudinal centerline on its
lower surface is within 10 mm of the
initial point of contact, or on the center
of the initial contact area, with the roof;
and
(2) The midpoint of the forward edge
of the lower surface of the test device is
within 10 mm of the transverse vertical
plane 254 mm forward of the
forwardmost point on the exterior
surface of the roof, including
windshield trim, that lies in the
longitudinal vertical plane passing
through the vehicle’s longitudinal
centerline.
S7.6 Apply force so that the test
device moves in a downward direction
perpendicular to the lower surface of
the test device at a rate of not more than
13 millimeters per second until reaching
the force level specified in S5. Guide the
test device so that throughout the test it
moves, without rotation, in a straight
line with its lower surface oriented as
specified in S7.4(a) and S7.4(b).
Complete the test within 120 seconds.
*
*
*
*
*
Issued: January 24, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 08–392 Filed 1–25–08; 12:22 pm]
BILLING CODE 4910–59–P
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Agencies
[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Proposed Rules]
[Pages 5484-5493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-392]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2008-0015]
RIN 2127-AG51
Federal Motor Vehicle Safety Standards; Roof Crush Resistance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
-----------------------------------------------------------------------
SUMMARY: This document supplements NHTSA's August 2005 proposal to
upgrade the Federal motor vehicle safety standard on roof crush
resistance. We issued that proposal as part of a comprehensive plan for
reducing the serious risk of rollover crashes and the risk of death and
serious injury in those crashes.
In this document, we ask for public comment on a number of issues
that may affect the content of the final rule, including possible
variations in the proposed requirements. We are also announcing the
release of the results of various vehicle tests conducted since the
proposal and are inviting comments on how the agency should factor this
new information into its final rule.
DATES: Comments must be received on or before March 17, 2008.
ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
Federal eRulemaking Portal: go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. Eastern
Time, Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Regardless of how you submit your comments, you should mention the
docket number of this document.
You may call the Docket Management Facility at 202-366-9826.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
Privacy Act: Please see the Privacy Act heading under Rulemaking
Analyses and Notices.
FOR FURTHER INFORMATION CONTACT:
For technical issues: Mr. Christopher Wiacek, Office of Rulemaking,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590. Telephone: (202) 366-4801.
For legal issues: Mr. Edward Glancy, Office of the Chief Counsel,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590. Telephone: (202) 366-2992.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Overview of Standard 216
B. Target Population of Standard 216
C. Summary of 2005 Proposal
D. Purpose of this SNPRM
II. Release of Vehicle Test Results
A. Single-Sided Tests
B. Two-Sided Tests
III. Discussion
A. Pass/Fail Rate of the Vehicle Fleet
B. Impact of Electronic Stability Control Safety Standard on
Potential Benefits
C. Revised Cost and Weight Estimates
D. Two-Sided Testing Implications
E. Other Factors
IV. Comments Sought
V. Public Participation
VI. Rulemaking Analyses and Notices
VII. Proposed Regulatory Text
I. Introduction
On August 23, 2005, NHTSA published in the Federal Register (70 FR
49223) a notice of proposed rulemaking (NPRM) to upgrade Federal Motor
Vehicle Safety Standard (FMVSS) No. 216, Roof Crush Resistance.\1\ As
discussed in the NPRM, this ongoing rulemaking is part of a
comprehensive plan for reducing the serious risk of rollover crashes
and the risk of death and serious injury in those crashes. In addition
to roof crush, other strategies in the comprehensive approach include
crash-avoidance initiatives such as electronic stability control which
will significantly reduce the number of rollovers, as well as
crashworthiness efforts such as ejection mitigation and improved door
lock strength which will lower the probability of ejection when
rollovers do occur.
---------------------------------------------------------------------------
\1\ Docket No. NHTSA-2005-22143.
---------------------------------------------------------------------------
A. Overview of Standard 216
FMVSS No. 216 seeks to reduce deaths and serious injuries resulting
from the roof being crushed and pushed into the occupant compartment
when the roof strikes the ground during rollover crashes. The standard
currently applies to passenger cars, and to multipurpose passenger
vehicles, trucks and buses with a GVWR of 2,722 kilograms (6,000
pounds) or less.
The standard requires that when a large steel test plate (sometimes
referred to as a platen) is placed in contact with the roof of a
vehicle and then pressed downward, simulating contact of the roof with
the ground during a rollover crash, with steadily increasing force
until a force equivalent to 1.5 times the unloaded weight of the
vehicle is reached, the distance that the test plate has moved from the
point of contact must not exceed 127 mm (5 inches). The criterion of
the test plate not being permitted to move more than a specified amount
is sometimes referred to as the ``platen travel'' criterion. Under S5
of the standard, the application of force is limited to 22,240 Newtons
(5,000 pounds) for passenger cars, even if the unloaded weight of the
car times 1.5 is greater than that amount.
B. Target Population of Standard 216
Due to the complex nature of a rollover event and the
particularlized effect of each element of the comprehensive and
systematic approach taken by the agency to address these crashes, each
element addresses a specific segment of the total rollover problem.
Table 1 below shows the target population that could potentially
benefit from roof crush improvements.\2\ The target population for all
light vehicles is stratified by injury severity. The table demonstrates
how the final target population is derived from the broad category of
rollovers by
[[Page 5485]]
eliminating cases in which roof strength improvements would not be
effective. The final target populations are shown in bold at the bottom
of the table. Numbers in the table shown in parenthesis are deducted
from previous values to arrive at the final target population shown in
bold. All other numbers represent the values that result from the
restrictions noted in the left column. A full discussion of the basis
for the target population is included in the August 2005 Preliminary
Regulatory Impact Analysis (PRIA).
---------------------------------------------------------------------------
\2\ The target population reflects a very minimal incorporation
of ESC in the vehicle fleet. As discussed later in this SNPRM, the
final regulatory analysis will be adjusted to reflect full
incorporation of ESC into the vehicle fleet. ESC will significantly
reduce the number of rollover fatalities, and further reduce the
roof crush target population.
---------------------------------------------------------------------------
One modification to that basis should be noted. In the PRIA, it was
assumed that in cases in which there were fatal injuries which involved
both the head and another body region at the highest MAIS level, the
head injury was the cause of death. More recent analysis indicates that
only about \2/3\'s of these deaths were attributable to the head
injury. Based on this, the ``not sole injury'' category for fatalities
was adjusted to reflect the assumption that 67% of these cases would be
attributed to head injury, leaving a total of 476 fatalities as the
final target population applicable for roof crush.
Table 1.--Target Population Potentially Affected by Improved Roof Strength
----------------------------------------------------------------------------------------------------------------
AIS 1 AIS 2 AIS 3-5 Fatalities
----------------------------------------------------------------------------------------------------------------
Non-Convertible Light Vehicles in Rollovers. 199,549 37,661 21,933 9,011
Roof-Involved Rollover...................... 164,007 32,862 19,520 7,679
No Fixed Object Collision on Top............ 153,324 29,346 18,029 6,712
Not Totally Ejected......................... 149,632 25,949 12,638 3,227
Using Safety Restraints..................... 116,135 14,234 9,204 1,835
Front Outboard Seats........................ 103,320 13,457 8,653 1,658
Not 12 Years Old or Younger................. 101,581 13,418 8,635 1,650
Roof Component Intrusion.................... 64,123 10,339 6,747 1,125
Head, Neck, or Face Injury from Intruding 23,147 6,508 3,027 731
Roof Component.............................
Injury--Not MAIS *.......................... (0) (1,872) (1,382) (209)
Injury at MAIS--Not Sole Injury............. (17,128) (289) (250) (46)
Sole MAIS Injury............................ 6,019 4,346 1,395 476
----------------------------------------------------------------------------------------------------------------
* This means that the most serious injury was to a portion of the body other than the head, neck or face.
The target population relevant to FMVSS No. 216 in Table 1 is thus
a relatively small subset of the occupants injured in rollovers. For
fatalities, the estimated total for the target population is 5 percent
of all non-convertible light vehicle rollover fatalities (476/9,011).
For nonfatal injury categories, the estimated total ranges from 3 to 12
percent. The most significant exclusions resulted from requirements
that fatalities occurred in rollovers in which (1) the roof was damaged
in a rollover, (2) the damage was not caused by collision with a fixed
object, (3) the fatally injured occupants were not ejected, and (4)
those occupants were belted.
It is important to understand what this Table indicates about the
safety potential of addressing roof crush. Even if there were some way
to prevent every single rollover death resulting from roof crush, the
total lives saved would be 476, not the approximately 10,000 deaths
that result from rollover each year. This is why each initiative in
NHTSA's comprehensive program to address the different aspects of the
rollover problem is so important. Each initiative has a different
target population. We have initiatives in place to:
1. Reduce the occurrence of rollover crashes (e.g., the requirement
for Electronic Stability Control on all light vehicles and the NCAP
rollover ratings),
2. Keep occupants inside the vehicle when rollovers occur (e.g.,
NHTSA's unstinting commitment to get passengers to buckle their seat
belts every time they ride in a vehicle, as well as the requirement for
enhanced door latches and the forthcoming new requirement for ejection
mitigation), and
3. Better protect the occupants kept inside the vehicle during the
rollover (this rule to require enhanced roof crush resistance).
Each of these three initiatives must work together to address the
various aspects of the rollover problem. However, it is important to
understand which portion of the rollover problem can be addressed by
each of these three initiatives, so that there is a clear and correct
understanding of the safety benefits potentially associated with each
of the different types of actions to reduce rollover deaths and
injuries.
C. Summary of 2005 Proposal
To better address fatalities and injuries occurring in roof-
involved rollover crashes, we proposed in 2005 to extend the
application of the standard to vehicles with a GVWR of up to 4,536
kilograms (10,000 pounds), and to strengthen the requirements of FMVSS
No. 216 by mandating that the vehicle roof structures withstand a force
equivalent to 2.5 times the unloaded vehicle weight, and eliminating
the 22,240 Newtons (5,000 pounds) force limit for passenger cars.
Further, in recognition of the fact that the pre-test distance between
the interior surface of the roof and a given occupant's head varies
from vehicle model to vehicle model, we proposed to regulate roof
strength by requiring that the crush not exceed the available headroom.
Under the proposal, this requirement would replace the current limit on
test plate movement.
The proposed new limit would prohibit any roof component from
contacting the head of a seated 50th percentile male dummy when the
roof is subjected to a force equivalent to 2.5 times the unloaded
vehicle weight. We note that this value is sometimes referred to as the
strength-to-weight ratio (SWR), e.g., a SWR of 1.5, 2.5, and so forth.
D. Purpose of This SNPRM
The agency has been carefully analyzing the numerous comments it
received on its proposal. In addition, it has been analyzing the
various additional vehicle tests, including both single-side tests and
two-sided tests,\3\ conducted since the NPRM. In this document, we are
inviting comments on how the agency should factor this new information
into its decision. While the NPRM focused on a specified force
equivalent to 2.5 times the unloaded vehicle weight, the agency could
adopt
[[Page 5486]]
a higher or lower value for the final rule. With respect to two-sided
vehicle testing, we believe that, with the additional tests conducted
by the agency, there is now sufficient available information for the
agency to consider a two-sided requirement as an alternative to the
single-sided procedure described in the NPRM. The agency plans to
evaluate both the single-sided and two-sided testing alternatives for
the final rule. We are requesting comments that will help us reach a
decision on that issue.
---------------------------------------------------------------------------
\3\ Note that in the most recent agency testing, headroom
reduction had been assessed using a head positioning fixture in lieu
of a 50th percentile dummy. Reports on these tests explain the
procedure and type of fixture used to assess headroom reduction. (As
explained elsewhere in this document, these test reports are being
made available to the public through the agency's internet vehicle
crash test database.) Please note further that the agency is
considering whether this fixture should be specified in the final
rule.
---------------------------------------------------------------------------
In developing a final rule, the agency will consider the comments
submitted on both the August 2005 NPRM and this document. Thus, there
is no need for persons to re-submit the comments they provided for the
NPRM. We note that we are generally not discussing the comments in this
document, except for a few brief references that are relevant to the
potential economic impact of our proposal. We also note that the
proposed regulatory text in this document includes both the single-
sided and two-sided test requirement alternatives. The fact that the
proposed regulatory text for the two alternatives does not reflect
other changes suggested by commenters on the NPRM does not mean that we
will not consider those recommended changes in developing a final rule.
We are providing a 45-day comment period. We believe this is
appropriate given that this is an SNPRM with a more limited focus than
the NPRM, and given the need to comply with a statutory deadline.
II. Release of Vehicle Test Results
The test reports for the additional vehicle tests conducted by
NHTSA are being made available to the public through the agency's
internet vehicle crash test database. We are placing a memorandum in
the docket which provides the Web address for that database and lists
the vehicle models and test numbers that are needed to reference the
information in the database. The agency incorporates by reference these
test reports as part of the record for this rulemaking.
A. Single-Sided Tests
Since the publication of the NPRM, the agency has conducted 35
additional single-sided tests. In this testing, the force was applied
to one side of the roof over the front seat area. Force was applied
until there was 127 mm (5 inches) of platen travel, unless head contact
occurred first. The strength of the roof was measured prior to any
subsequent testing the agency may have conducted on the second side.
The agency is releasing these data to the public in conjunction with
this document.
A summary of the test results is presented in the Table 2 below.
Table 2.--Single-Sided Test Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
Peak strength within 127 mm Peak strength prior to head Platen
Unloaded -------------------------------- contact displacement
Vehicle vehicle weight -------------------------------- at head
(kg) N SWR N SWR contact (mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2006 VW Jetta........................................... 1,443 72,613 5.1 72,613 5.1 158
2007 Scion tC........................................... 1,326 59,749 4.6 59,749 4.6 113
2006 Volvo XC90......................................... 2,020 90,188 4.6 N/A N/A N/A
2006 Honda Civic........................................ 1,251 55,207 4.5 55,207 4.5 177
2007 Toyota Tacoma...................................... 1,489 64,441 4.4 64,441 4.4 123
2006 Mazda 5............................................ 1,535 66,621 4.4 66,621 4.4 155
2007 Toyota Camry....................................... 1,468 62,097 4.3 62,097 4.3 N/A
2007 Toyota Yaris....................................... 1,038 41,073 4 41,073 4 115
2006 Ford 500........................................... 1,657 63,181 3.9 63,181 3.9 150
2007 Nissan Frontier.................................... 1,615 62,828 3.9 62,828 3.9 167
2006 Subaru Tribeca..................................... 1,907 72,306 3.9 72,306 3.9 112
2006 Mitsubishi Eclipse................................. 1,485 51,711 3.6 51,711 3.6 127
2006 Hummer H3.......................................... 2,128 70,264 3.4 70,264 3.4 185
2006 Hyundai Sonata..................................... 1,505 46,662 3.2 46,662 3.2 131
2007 Dodge Caravan...................................... 1,759 52,436 3 52,436 3 N/A
2006 Chrysler Crossfire................................. 1,357 38,179 2.9 38,179 2.9 107
2004 Honda Accord....................................... 1,413 38,281 2.8 38,281 2.8 140
2007 Saturn Outlook*.................................... 2,133 57,222 2.7 57,222 2.7 N/A
2006 Ford Mustang....................................... 1,527 40,101 2.7 41,822 2.8 132
2005 Buick Lacrosse..................................... 1,590 40,345 2.6 40,345 2.6 126
2006 Sprinter Van*...................................... 1,946 49,073 2.6 N/A N/A N/A
2004 Cadillac SRX....................................... 1,961 50,346 2.6 50,346 2.6 138
2007 Honda CRV.......................................... 1,529 38,637 2.6 38,637 2.6 N/A
2007 Chrysler 300....................................... 1,684 41,257 2.5 41,257 2.5 N/A
2005 Buick Lacrosse..................................... 1,588 37,196 2.4 37,196 2.4 123
2006 Honda Ridgeline.................................... 2,036 47,334 2.4 47,334 2.4 172
2007 Ford F-150*........................................ 2,413 54,829 2.3 54,829 2.3 N/A
2007 Buick Lucerne...................................... 1,690 38,268 2.3 38,268 2.3 N/A
2004 Chevrolet 2500 HD*................................. 2,450 55,934 2.3 56,294 2.3 171
2007 Pontiac G6......................................... 1,497 33,393 2.3 33,393 2.3 124
2007 Chevrolet Express*................................. 2,471 55,038 2.3 55,038 2.3 N/A
2007 Jeep Grand Cherokee................................ 1,941 41,582 2.2 41,582 2.2 117
2007 Chevrolet Tahoe*................................... 2,462 49,878 2.1 49,878 2.1 N/A
2006 Dodge Ram*......................................... 2,287 37,596 1.7 42,578 1.9 158
2003 Ford F-250*........................................ 2,658 44,776 1.7 44,776 1.7 205
--------------------------------------------------------------------------------------------------------------------------------------------------------
*GVWR greater than 6,000 pounds
[[Page 5487]]
We observed from this recent testing that the range of SWRs for
vehicles with a GVWR of 6,000 pounds (2722 kilograms) or less tended to
be higher than the range of SWRs for vehicles with a GVWR greater than
6,000 pounds (2722 kilograms). The SWR of many late model vehicles with
a GVWR of 6,000 pounds (2722 kilograms) or less was substantially
higher than the 2.5 value the agency focused on in the NPRM.
Conversely, only two vehicles we tested with a GVWR greater than 6,000
pounds (2722 kilograms) exceeded the 2.5 value.
We note that the data presented in these tables do not factor in
the full spectrum of weight ranges for the models tested. The SWR for
each model was calculated using the unloaded vehicle weight (UVW) of
the tested vehicle rather than the maximum vehicle weight. In comments
on the NPRM, manufacturers said that vehicles would have to be designed
to comply in their maximum weight configuration. NHTSA agrees with this
comment and will reflect maximum weight configurations in the final
rule analysis.
We request comments on any other steps the agency should take in
factoring these new test data into its decisions for the final rule.
B. Two-Sided Tests
In the NPRM, the agency summarized the testing it had conducted to
evaluate the strength of the second side of the roof of vehicles whose
first side had already been tested. In this testing, after the force
was applied to one side of the roof over the front seat area of a
vehicle, the vehicle was repositioned and force was then applied on the
opposite side of the roof over the front seat area. In performing these
tests on both sides of a vehicle, the agency used the platen angle
currently specified in FMVSS No. 216 (5[deg] x 25[deg]). We concluded
that the strength of the roof on the second side of some vehicles may
have been increased or decreased as a result of the deformation of the
first side of the roof. The agency indicated that it planned to conduct
further research before proposing rulemaking in this area.
The agency has expanded the series of two-sided roof crush tests
discussed in the NPRM. The agency has now conducted a total of 26
sequential two-sided tests, as part of its evaluation, and is also
releasing these data to the public in conjunction with this document.
A summary of the test results is presented in the following Table
3.
Table 3.--Results of 2-Sided Testing (5[deg] x 25[deg] Platen Angle)
----------------------------------------------------------------------------------------------------------------
Peak SWR prior to 127 mm
of platen travel or head Peak force
Vehicle contact change
-------------------------- (percent)
1st side 2nd side
-----------------------------------------------------------------------------------------------------
2007 Chevrolet Express \4\.................................... 2.3 1.7 -27.3
2007 Jeep Grand Cherokee...................................... 2.2 1.6 -27.1
2007 Pontiac G6............................................... 2.3 1.7 -23.8
2005 Lincoln LS *............................................. 2.6 2.0 -21.3
2007 Saturn Outlook........................................... 2.7 2.2 -20.8
2003 Ford Crown Victoria *.................................... 2.0 1.7 -19.5
2007 Ford F-150............................................... 2.3 1.9 -19.0
2007 Chevrolet Tahoe.......................................... 2.1 1.7 -16.4
2007 Toyota Yaris............................................. 4.0 3.4 -15.8
2005 Buick LaCrosse........................................... 2.6 2.2 -13.5
2007 Toyota Tacoma............................................ 4.4 3.9 -12.2
2007 Buick Lucerne............................................ 2.3 2.1 -10.8
2003 Chevrolet Impala *....................................... 2.9 2.5 -9.9
2004 Lincoln LS *............................................. 2.5 2.2 -8.7
2006 Subaru Tribeca........................................... 3.9 3.5 -8.3
2007 Scion tC................................................. 4.6 4.3 -6.7
2006 Chrysler Crossfire....................................... 2.9 2.7 -5.6
2007 Dodge Caravan............................................ 3.0 2.9 -5.3
2007 Honda CRV................................................ 2.6 2.5 -4.9
2005 Buick LaCrosse........................................... 2.4 2.3 -3.4
2004 Nissan Quest *........................................... 2.8 2.7 -3.0
2001 GMC Sierra *............................................. 1.9 1.9 -1.3
2007 Chrysler 300............................................. 2.5 2.5 1.6
2004 Chrysler Pacifica *...................................... 2.2 2.4 7.0
2007 Toyota Camry............................................. 4.3 4.7 9.0
2004 Land Rover Freelander *.................................. 1.7 2.0 19.2
----------------------------------------------------------------------------------------------------------------
* Crush of first side stopped at windshield cracking.
\4\ Between the first and second side tests, the front door on the tested side was opened. Because of damage to
the vehicle during the first side test, the door would not properly close. The door was clamped until the
latch engaged, locking the door in place. This may have compromised the structural integrity of the roof and
reduced the measured peak load on the second side.
For the first eight tests (those with asterisks in the table),
testing of the first side of the vehicle was conducted until the
windshield cracked. This occurred between 90 and 100 mm (3.54 and 3.94
inches) of platen travel for all vehicles except the Nissan Quest which
required 135 mm (5.31 inches) of platen travel before the windshield
cracked. The second side was then tested for 254 mm (10 inches) of
platen travel. For all other tests, the first side was conducted to 127
mm (5 inches) of platen travel unless head contact occurred first. The
second side was then tested for 254 mm (10 inches) of platen travel. We
note that in all 26 tests, the windshield cracked before completion of
the first side test. In the first eight tests, the peak SWR was
recorded at the time the windshield cracked on the first side. For all
other testing, the SWR was recorded prior to 127 mm (5 inches) of
platen travel or prior to head contact, whichever occurred first.
The two-sided test results show that the first side test generally
produces a weakening of the structure. This is
[[Page 5488]]
shown by the fact that the recorded SWR for the second side is
generally lower than for the first side. On average, the peak strength
for the second side was reduced by 8.7 percent. However, for several of
the vehicles, we observed considerably higher reductions in peak
strength. Of the 25 vehicles tested, excluding the Chevrolet Express,
six experienced reductions in strength of 19 percent or greater.
With respect to two-sided vehicle testing, we believe that the
post-NPRM tests provide the agency with sufficient additional
information for the agency to now consider a two-sided test requirement
for the final rule. However, as discussed in the following sections,
the agency seeks comment on the relative trade offs between the single-
sided and two-sided test procedures.
III. Discussion
Based upon the results of the testing described above, the agency
is contemplating various alternatives for a final rule. Each of the
alternatives will directly affect the current fleet failure rate
estimates, vehicle design changes and vehicle content necessary to meet
those alternatives, and consequent benefits and costs. The agency has
not completed cost/benefit analyses for these various alternatives,
however, the agency will ensure that its decisions about these
alternatives result in a final rule that is cost beneficial, as
contemplated by Executive Order 12866.
Public comments submitted in response to the NPRM and research
conducted by NHTSA indicate some general conclusions that can be drawn
regarding the directional impact of these alternatives, as well as
subsequent changes in vehicle content and other factors that may
influence the final rule.
The August 2005 PRIA examined the proposed SWR of 2.5 and the
alternative SWR of 3.0 times the unloaded vehicle weight. Estimated
costs ranged from $88 to 95 million for the 2.5 SWR alternative and
$1.2 to $1.3 billion for the 3.0 SWR alternative. Benefits were
estimated to be 13 to 44 fatalities and 498 to 793 nonfatal injuries
prevented for the 2.5 alternative, and 49 to 135 fatalities and 1540 to
2151 nonfatal injuries prevented for the 3.0 alternative. The estimated
impacts of the final rule will be changed by a number of factors. These
include:
A. Pass/Fail Rate of the Vehicle Fleet
In response to the NPRM, manufacturers commented that NHTSA's
estimates underestimated the portion of the vehicle fleet that would
require changes. The manufacturers noted that NHTSA's estimates were
based on individual vehicles' actual weights, but that manufacturers
would have to design roof structures to meet the maximum weight that
each body design would be required to carry. Thus, for example, test
results from a vehicle with a four-cylinder engine and manual
transmission might not be indicative of the same vehicle with a six-
cylinder engine and automatic transmission option, even though they
share the same body design and roof structure. The agency agrees with
this comment and will make appropriate adjustments in its revised
analysis for the final rule. In the NPRM, the agency estimated that 32
percent of the vehicle fleet would have to be changed to meet the 2.5
proposal, whereas manufacturers commented that the portion was over 80
percent. Based on the agency's testing, more recent vehicle designs
tested appear to have stronger roofs. Therefore, it is not yet clear
what the actual failure rate will be. However, at this time, it appears
likely that the impact of this adjustment will be to increase both the
costs and benefits of the rule.
B. Impact of Electronic Stability Control Safety Standard on Potential
Benefits
The PRIA for the August 2005 NPRM to amend FMVSS No. 216 examined
the model year (MY) 2005 fleet. During MY 2005, Electronic Stability
Control (ESC) was voluntarily installed on roughly 18% of the new light
vehicle fleet, and the PRIA took this into account.
However, NHTSA published a proposal in September 2006 and a final
rule \5\ in April 2007 requiring ESC on 100% of passenger cars and of
light trucks, multipurpose passenger vehicles, and vans (LTVs),
effective September 1, 2011. Therefore, the FRIA for the final rule
upgrading FMVSS No. 216 will adjust the target population for this
rulemaking to reflect the ESC mandate. Since ESC is a highly effective
countermeasure, preventing roughly half of all rollovers in passenger
cars and LTVs, this adjustment will significantly reduce both the
target population and the safety benefits associated with FMVSS No.
216.
---------------------------------------------------------------------------
\5\ 66 FR 17236.
---------------------------------------------------------------------------
C. Revised Cost and Weight Estimates
In the PRIA, NHTSA based its cost estimates on 4 vehicles: The 1997
Plymouth Neon, the 1999 Ford E-150 Van, the 1997 Dodge Caravan, and the
1998 Chevrolet S-10 pickup. These vehicles were used because they were
the only vehicles for which the agency had finite element models which
could be used to simulate the impact of roof design changes on roof
strength. The agency used these vehicles to impute costs for the
overall fleet based on the relative roof strength of a sample of tested
vehicles. A similar procedure was used for vehicle weight changes. The
PRIA estimated that the average cost per affected vehicle would be
approximately $11 to meet the 2.5 SWR alternative and $51 for the 3.0
SWR alternative, with individual model costs as high as $16 for the 2.5
alternative and $84 for the 3.0 alternative. The PRIA also estimated
average weight increases ranging from 2 to 14 kilograms (4 to 30
pounds). Weight is a factor in the analysis because it influences both
fuel economy, and the vehicle's center of gravity which can influence
the vehicle's tendency to roll over.
In response, the Alliance of Automobile Manufacturers (Alliance)
submitted an analysis of costs and weights for 2 vehicle types--a large
SUV and a large pickup truck.\6\ The Alliance estimates were based on
engineering studies from a variety of manufacturers and represented a
range of results for each vehicle type. The Alliance estimated that
variable unit costs for a large SUV would range from $38 to $58 to meet
a 2.5 SWR alternative, $60 to $90 to meet a 3.0 SWR alternative and
$110 to $130 to meet a 3.5 SWR alternative. Based on NHTSA cost
studies, total costs including overhead, markup and profit could be 50
percent higher than these variable costs. The Alliance estimated the
corresponding weight increases for these scenarios to be 27 to 30
kilograms (60 to 67 pounds) for the 2.5 SWR, 68 to 122 kilograms (150
to 270 pounds) for the 3.0 SWR, and 113 to 245 kilograms (250 to 540
pounds) for the 3.5 SWR. For the large pickup truck the Alliance
estimated that variable unit costs would range from $55 to $185 to meet
a 2.5 SWR alternative, $100 to $200 to meet a 3.0 SWR alternative and
$165 to $525 to meet a 3.5 SWR alternative. The Alliance estimate for
corresponding weight increases for these scenarios were 17 to 31
kilograms (38 to 68 pound) for the 2.5 SWR, 39 to 118 kilograms (85 to
260 pounds) for the 3.0 SWR, and 54 to 236 kilograms (120 to 520 pound)
for the 3.5 SWR.
---------------------------------------------------------------------------
\6\ See Docket No. NHTSA-2005-22143-249.
---------------------------------------------------------------------------
The Alliance also contracted an independent study by Magna Steyr on
the feasibility of modifying a crew cab pickup for compliance with the
NPRM proposal (2.5 SWR). The study concluded that meeting the proposal
in a 3-year lead time was feasible, but would add 33 kilograms (73
pounds) and $76 to $98 in variable costs. It also found that if enough
leadtime were
[[Page 5489]]
provided to allow implementation during a new production cycle, higher
strength materials were feasible in conjunction with new tooling and
this could result in a 5 kilogram (11 pound) savings in weight relative
to the base vehicle. The Alliance data represent industry estimates of
costs and weight impacts for the two types of vehicles--large SUVs and
large pickup trucks--for which higher SWRs are likely to pose the most
difficult challenges and result in the largest cost and weight
penalties. However, these types of vehicles represent only a small
portion of new vehicle sales (approximately 9 percent) and their design
challenges are unlikely to be representative of the bulk of the vehicle
fleet. The Alliance did not provide estimates for other vehicle types--
passenger cars, light pickups, crossover SUVs, etc. The agency believes
that meeting a higher SWR may be significantly easier for the vehicle
types not submitted by the Alliance based upon our fleet results. The
agency will consider the Alliance estimates and results from its own
research when developing the Final Regulatory Impact Analysis, but at
this time it is unclear whether unit costs will change significantly
for vehicles other than large pickups and large SUVs.
The agency has also conducted additional tear down studies. A study
\7\ conducted by The Ohio State University examined the Volvo XC90 and
the Ford Explorer. The study found that the XC-90 roof had roughly \1/
3\ more structural parts than the Explorer, and that implementing some
of the XC-90 design concepts in the Ford Explorer would increase
material and tooling costs by $81 and weight by 15 kilograms (33
pounds). Additional work based on finite element models and cost
teardown studies conducted by Ludtke Associates and the National Crash
Analysis Center \8\ found that strengthening the 2003 Ford Explorer to
3.0 SWR would raise the vehicle's price by $33 to $35 and increase its
weight by 5 to 10 kilograms (10 to 23 pounds). They also examined a
2000 Ford Taurus. The study indicated that raising the Taurus to a 3.0
SWR would increase its price by $175 to $204, and increase its weight
by 7 to 12 kilograms (15 to 27 pounds).
---------------------------------------------------------------------------
\7\ Available in the docket of this notice: Hutter, Erin E.,
``Improving Roof Crush Performance of a Sport Utility Vehicle,'' The
Ohio State University, 2007.
\8\ Available in the docket of this notice: ``Cost, Weight, and
Lead Time Analysis Roof Crush Upgrade,'' Task Order No. 007.
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D. Two-Sided Testing Implications
The two-sided testing conducted by NHTSA thus far indicate an
average difference of approximately 8 percent lower peak force for the
second side in vehicles under 2,722 kilograms (6,000 pounds) GVWR \9\
and 17 percent lower peak force for the second side in vehicles over
2,722 kilograms (6,000 pounds) GVWR.\10\ Thus, the adoption of a two-
sided alternative would result in some increase in the portion of the
fleet that would fail the roof crush requirements beyond the portion
estimated in the NPRM. This would increase the benefits as well as the
costs of this rulemaking.
---------------------------------------------------------------------------
\9\ Refers to vehicles with a GVWR equal to or less than 2,722
kilograms (6,000 pounds).
\10\ Refers to vehicles with a GVWR greater than 2,722 kilograms
(6,000 pounds).
---------------------------------------------------------------------------
We have conducted an analysis to examine the relative impact of
one-sided testing vs. two-sided testing, based primarily on the results
of the agency's own FMVSS No. 216 testing program. Since the
publication of the October 2001 request for comment (66 FR 53376), the
agency has conducted roof strength testing on 69 vehicles. Although
these tests were conducted on specific vehicles, for this exercise, the
results were adjusted to reflect the maximum unloaded vehicle weight
configuration for each make/model. The agency tested 21 vehicles with
GVWRs less than 2,722 kilograms (6,000 pounds) under a two-sided test
regime. Eleven of these vehicles passed a 2.5 SWR on both the first and
second side tested. Only five vehicles passed a 3.0 SWR on both sides
and only four passed a 3.5 SWR. The agency also conducted two-sided
tests on five vehicles with GVWRs over 2,722 kilograms (6,000 pounds).
None of these vehicles passed a 2.5 or greater SWR. The agency also has
single-sided testing data on 32 vehicles with GVWRs less than 2,722
kilograms (6,000 pounds) and 11 vehicles with GVWRs over 2,722
kilograms (6,000 pounds).
The roof strength results for this sample of 69 vehicles were then
sales weighted to estimate the relative pass-fail rates that might
result for single-sided and two-sided test procedure alternatives. The
estimates show nearly 100 percent of vehicles over 2,722 kilograms
(6,000 pounds) GVWR failed under all scenarios. The vehicles with GVWR
under 2,722 kilograms (6,000 pounds) had higher failure rates for the
two-sided tests when compared to the single-sided procedure. At a SWR
of 2.5, the lighter vehicles are estimated to have a failure rate of 45
percent for single-sided and 67 percent for two-sided tests. The
failure rate increases with higher SWR scenarios. A summary of the
results is presented in the following Table 4.
Table 4.--Estimated Fleet Failure Rates Based on GVWR
----------------------------------------------------------------------------------------------------------------
GVWR 2.5 SWR 3.0 SWR 3.5 SWR
----------------------------------------------------------------------------------------------------------------
Two-Sided Testing
----------------------------------------------------------------------------------------------------------------
< 2,722 kg GVWR................................................. 67.2% 78.6% 85.0%
> 2,722 kg GVWR................................................. 100.0% 100.0% 100.0%
-----------------------------------------------
Total....................................................... 75.1% 83.7% 88.6%
----------------------------------------------------------------------------------------------------------------
Single-Sided Testing
----------------------------------------------------------------------------------------------------------------
< 2,722 kg GVWR................................................. 44.5% 76.9% 80.9%
> 2,722 kg GVWR................................................. 98.9% 100.0% 100.0%
-----------------------------------------------
Total....................................................... 57.6% 82.5% 85.5%
----------------------------------------------------------------------------------------------------------------
[[Page 5490]]
E. Other Factors
In the NPRM, the agency estimated benefits based on post-crash
headroom, the only basis for which a statistical relationship with
injury reduction had been established. In that analysis, the agency
estimated that the proposed 2.5 SWR requirement would prevent 13 to 44
fatalities.\11\
---------------------------------------------------------------------------
\11\ This range reflects two different methodologies that were
examined.
---------------------------------------------------------------------------
More recently, the agency has estimated benefits based on the
relationship between intrusion and the probability of injury. This
relationship was not established when the NPRM was published, but with
the additional years of data available, a statistically significant
relationship between intrusion and injury for belted occupants has
since been established. A study regarding this relationship has
undergone peer review and is available in the docket.\12\ This broader
relationship, together with other factors, including the higher failure
rates resulting from adjustments for maximum vehicle weight and the
higher effective SWRs that result from this same issue will likely lead
to slightly higher benefits than was estimated in the NPRM.
---------------------------------------------------------------------------
\12\ Available in the docket of the notice: Strashny, Alexander,
``The Role of Vertical Roof Intrusion and Post-Crash Headroom in
Predicting Roof Contact Injuries to the Head, Neck, or Face during
FMVSS 216 Rollovers.''
---------------------------------------------------------------------------
In the NPRM, NHTSA estimated the cost of meeting the proposed 2.5
SWR single-sided test requirement at $16-$17 \13\ for vehicles that do
not already meet the standard, consisting of roughly $11 for design
changes and $5-$6 for added lifetime fuel consumption.
---------------------------------------------------------------------------
\13\ Under a 7% and 3% discount rate, respectively.
---------------------------------------------------------------------------
The agency believes that these cost estimates may increase for
several reasons. The first is that manufacturers stated that vehicle
body platforms must be designed to their heaviest possible design
configuration. This means that a body platform that supports several
different engine, transmission, and suspension options must be strong
enough to pass the test requirements under the maximum weighted
combination of these options. This could increase the effective SWR of
the entire body platform and this would increase the average cost and
weight impact of the required design changes. This would primarily be
an issue for large trucks and SUVs, which are designed with a wide
range of optional performance packages. It would be much less of a
factor for passenger cars.
A second reason costs might rise is that predicted gasoline prices
may be higher than prices predicted in the NPRM. The NPRM fuel cost
estimates were based on forecasts from the Energy Information
Administration (EIA), which predicted an average pump price of roughly
$1.46/gallon (2002 dollars) in 2007. The final rule will be based on
EIA's latest predictions. It is expected that EIA's predictions will be
higher than its earlier ones.
A third reason costs may rise is that the cost estimates NHTSA used
for the NPRM assumed single-sided tests. For the two-sided testing
program alternative, the agency found an average difference of
approximately 8-17 percent lower peak force for the second side
(depending on vehicle weight class). Thus, some vehicle designs may
need added strengthening to meet a two-sided test relative to a single-
sided test.
Regardless of which alternative is adopted in the final rule, the
agency will ensure that the final rule is cost beneficial, as
contemplated by Executive Order 12866.
IV. Comments Sought
The agency requests comments on the costs of meeting the single-
sided and two-sided testing alternative requirements for different
types of vehicles for the proposed SWR of 2.5, as well as the
alternatives of 3.0 and 3.5.
1. In the single-sided test results, the agency observed that
vehicles under 6,000 pounds achieved higher SWR levels than did those
vehicles over 6,000 pounds. Should the agency consider different
stringency requirements for vehicles according to their weight class?
Will different design strategies be necessary to meet the requirements
for vehicles under or over 6,000 pounds? What are the cost implications
associated with different stringency requirements and different design
strategies?
2. In the agency's two-sided testing, an average reduction of about
8% was observed in the second side SWR compared to the first side for
vehicles under 6,000 pounds, compared to an average 17% reduction for
those over 6,000 pounds. Table 4 also indicates a much higher failure
rate for two-sided testing compared to a single-sided requirement, and
appears to indicate that fleet failure rates (and consequently
benefits) for a two-sided test at a 2.5 SWR would be comparable to a
single-sided test at a higher SWR. What are the relative costs
associated with, for example, a two-sided requirement at 2.5 SWR versus
a single-sided test at 3.0 SWR? If comparable benefits can be achieved
with a single-sided test at a higher SWR requirement compared to a two-
sided test at a lower SWR level, are there other considerations the
agency should include in the FRIA?
3. If a two-sided alternative is pursued in the final rule, will
different design strategies be required to meet the requirements for
vehicles under or over 6,000 pounds? What are the cost implications
associated with these strategies?
V. Public Participation
How Do I Prepare and Submit Comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments. Your comments must not be
more than 15 pages long.\14\ We established this limit to encourage you
to write your primary comments in a concise fashion. However, you may
attach necessary additional documents to your comments. There is no
limit on the length of the attachments.
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\14\ See 49 CFR 553.21.
---------------------------------------------------------------------------
Please submit your comments by any of the following methods:
Federal eRulemaking Portal: go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m.
Eastern Time, Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
If you are submitting comments electronically as a PDF (Adobe)
file, we ask that the documents submitted be scanned using Optical
Character Recognition (OCR) process, thus allowing the agency to search
and copy certain portions of your submissions.\15\
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\15\ Optical character recognition (OCR) is the process of
converting an image of text, such as a scanned paper document or
electronic fax file, into computer-editable text.
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Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at https://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's
guidelines may be accessed at https://
[[Page 5491]]
dmses.dot.gov/submit/DataQualityGuidelines.pdf.
How Can I Be Sure That My Comments Were Received?
If you submit your comments by mail and wish Docket Management to
notify you upon its receipt of your comments, enclose a self-addressed,
stamped postcard in the envelope containing your comments. Upon
receiving your comments, Docket Management will return the postcard by
mail.
How Do I Submit Confidential Business Information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. When you send a comment
containing information claimed to be confidential business information,
you should include a cover letter setting forth the information
specified in our confidential business information regulation.\16\
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\16\ See 49 CFR 512.
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In addition, you should submit a copy, from which you have deleted
the claimed confidential business information, to the Docket by one of
the methods set forth above.
Will the Agency Consider Late Comments?
We will consider all comments received before the close of business
on the comment closing date indicated above under DATES. To the extent
possible, we will also consider comments received after that date.
Therefore, if interested persons believe that any new information the
agency places in the docket affects their comments, they may submit
comments after the closing date concerning how the agency should
consider that information for the final rule.
If a comment is received too late for us to consider in developing
a final rule (assuming that one is issued), we will consider that
comment as an informal suggestion for future rulemaking action.
How Can I Read the Comments Submitted By Other People?
You may read the materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to https://www.regulations.gov.
Follow the online instructions for accessing the dockets. You may also
read the materials at the Docket Management Facility by going to the
street address given above under ADDRESSES. The Docket Management
Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through
Friday, except Federal holidays.
VI. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. The Office of Management and Budget reviewed
this rulemaking document under E.O. 12866, ``Regulatory Planning and
Review.'' This rulemaking action has been determined to be significant
under Executive Order 12866 and the DOT Policies and Procedures because
of Congressional and public interest.
Our current understanding of the benefits and costs of this
rulemaking is set forth on the pages above.
NHTSA will prepare a Final Regulatory Impact Analysis (FRIA)
describing the costs and benefits of this rulemaking action for the
final rule. The FRIA will analyze alternatives considered by the agency
and the final rule as issued, and will reflect consideration of
comments addressing costs and benefits. The agency invites comments
concerning how the alternatives to the proposal discussed in today's
document could affect costs and benefits.
B. Privacy Act
Anyone is able to search the electronic form of all comments
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://docketsinfo.dot.gov/.
Rulemaking Analyses and Notices
In the August 2005 NPRM, the agency discussed relevant requirements
related to the Regulatory Flexibility Act, the National Environmental
Policy Act, Executive Order 13132 (Federalism), the Unfunded Mandates
Act, Civil Justice Reform, the National Technology Transfer and
Advancement Act, and the Paperwork Reduction Act. The variations in the
proposal discussed in this document do not affect the agency's analyses
in those areas. NHTSA will address comments in these areas in
connection with the final rule.
VII. Proposed Regulatory Text
List of Subjects in 49 CFR Part 571
Motor vehicle safety, Tires.
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as follows:
PART 571--[AMENDED]
1. The authority citation of Part 571 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30166 and 30177;
delegation of authority at 49 CFR 1.50.
Alternative 1 (Two-Sided Test)
2. Amend Sec. 571.216 by:
a. Revising S3 to read as set forth below;
b. Adding to S4, in alphabetical order, new definitions of
``Convertible'' and ``Roof component;''
c. Revising S5 to read as set forth below;
d. Removing S5.1;
e. Revising S7.1 through S7.6 to read as set forth below;
f. Adding S7.7 to read as set forth below; and
g. Removing S8 through S8.4.
The revisions and additions read as follows:
Sec. 571.216 Standard No. 216; Roof crush resistance.
* * * * *
S3. Application. This standard applies to passenger cars, and to
multipurpose passenger vehicles, trucks and buses with a GVWR of 4,536
kilograms (10,000 pounds) or less. However, it does not apply to--
(a) School buses;
(b) Vehicles that conform to the rollover test requirements (S5.3)
of Standard No. 208 (Sec. 571.208) by means that require no action by
vehicle occupants;
(c) Convertibles, except for optional compliance with the standard
as an alternative to the rollover test requirement (S5.3) of Standard
No. 208; or
(d) Vehicles manufactured in two or more stages, other than chassis
cabs, that conform to the roof crush requirements (S4) of Standard No.
220 (Sec. 571.220).
S4. Definitions.
* * * * *
Convertible means a vehicle whose A-pillars are not joined with the
B-pillars (or rearmost pillars) by a fixed, rigid structural member.
* * * * *
Roof component means the A-pillar, B-pillar, roof side rail, front
header, rear
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header, roof, and all interior trim in contact with these components.
* * * * *
S5. Requirements. When the test device described in S6 is used to
apply a force to a vehicle's roof in accordance with S7, first to one
side of the roof and then to the other side of the roof, no roof
component or portion of the test device may contact the head or the
neck of the seated Hybrid III 50th percentile male dummy specified in
49 CFR Part 572, Subpart E. The maximum applied force in Newtons is any
value up to and including 2.5 times the unloaded vehicle weight of the
vehicle, measured in kilograms and multiplied by 9.8.
* * * * *
S7.1 Secure the vehicle in accordance with S7.1(a) through (d).
(a) Support the vehicle off its suspension at a longitudinal
vehicle attitude of 0 degrees 0.5 degrees. Measure the
longitudinal vehicle attitude along both the driver and passenger sill.
Determine the lateral vehicle attitude by measuring the vertical
distance between a level surface and a standard reference point on the
bottom of the driver and passenger side sills. The difference between
the vertical distance measured on the driver side and the passenger
side sills shall not exceed 1 cm.
(b) Secure the vehicle with four stands. The locations for
supporting the vehicle are defined in S7.1(c) or (d). Welding is
permissible. The vehicle overhangs are not supported. Chains and wire
rope are not used to secure the vehicle. Fix all non-rigid body mounts
to prevent motion of the body relative to the frame. Close all windows,
close and lock all doors, and secure any moveable or removable roof
structure in place over the occupant compartment. Remove roof racks or
other non-structural components.
(c) For vehicles with manufacturer's designated jacking locations,
locate the stands at or near the specified location.
(d) For vehicles with undefined jacking locations, generalized
jacking areas, or jacking areas that are not part of the vehicle body
or frame, such as axles or suspension members, locate two stands in the
region forward of the rearmost axle and two stands rearward of the
forwardmost axle. All four stands shall be located between the axles on
either the vehicle body or vehicle frame.
S7.2 (a) Adjust the seats and steering controls in accordance with
S8.1.2 and S.8.1.4 of 49 CFR 571.208.
(b) Place adjustable seat backs in the manufacturer's nominal
design riding position in the manner specified by the manufacturer.
Place any adjustable anchorages at the manufacturer's nominal design
position for a 50th percentile adult male occupant. Place each
adjustable head restraint in its lowest adjustment position. Adjustable
lumbar supports are positioned so that the lumbar support is in its
lowest adjustment position.
S7.3 Position the Hybrid III 50th percentile male dummy specified
in 49 CFR Part 572, Subpart E in accordance with S10.1 through
S1