Federal Motor Vehicle Safety Standards; Roof Crush Resistance, 17604-17605 [2010-7909]
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17604
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations
• Mid America Coach of Kansas City,
MO, sells full-size wheelchair vans with
a FMVSS No. 220 roll cage.64
• Safety Vans, LLC, of Hagerstown,
MD, sells vans with reinforced roofs for
which ‘‘[r]oof load tests (FMVSS 220
compliant) demonstrate how the
SafetyVan, under the weight of nearly 6
tons, is still capable of allowing access
into and egress from the passenger
area!’’ 65 According to the company,
standard features for these vans include
them being built on GM’s Model CG
33706—Express/Savanna: Pass. Van Ext.
3500, 9,600 GVW.66
Furthermore, the agency conducted a
FMVSS No. 220 roof strength test on a
Roadtrek Class B MPV motorhome (Test
No. 693) with a GVWR of 3,901 kg
(8,600 pounds). The motorhome was
built on a General Motors incomplete
vehicle van body where the multi-stage
manufacturer added a raised fiberglass
roof to the body. The results of the test
showed the vehicle met the 1.5 SWR
required under the standard within 130
mm (5.125 inches) of displacement of
the load application plate. The test
illustrated that it is practicable for
multi-stage vehicles with a raised or
altered roof and with a GVWR greater
than 2,722 kg (6,000 pounds) but less
than 4,536 kilograms (10,000 pounds),
to conform to the requirements of
FMVSS No. 220 as an option.
WReier-Aviles on DSKGBLS3C1PROD with RULES
G. There Is Little Cost for Multi-Stage
Manufacturers To Comply With FMVSS
No. 216a
NTEA commented that in proposing
to upgrade FMVSS No. 216, the agency
ignored more than 20 million dollars in
compliance tests primarily placed on
small businesses. That organization
stated that there are at least 1,085
identifiable vehicle configurations in
the affected weight category that would
require separate testing. NTEA
multiplied this figure by $5,000 per test
plus a vehicle value loss of $15,000,
resulting in a total of $21,700,000. The
1,085 vehicle configuration number
included 798 that were based on
chassis-cabs.67
These cost projections are grossly
exaggerated. As indicated above, testing,
as provided in a FMVSS, is not required
as a matter of law to certify a vehicle.
64 https://www.midamericacoach.com/category/
full-size-wheelchair-vans (last accessed on January
17, 2010).
65 https://www.safetyvans.com/ (last
accessed on January 17, 2010).
66 https://www.safetyvans.com/specs.html (last
accessed on January 17, 2010).
67 NTEA stated that there are 42 chassis-cab
models in the affected weight category that could
accommodate 19 different body and/or equipment
configurations. Multiplying 42 by 19 results in the
798 number.
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A manufacturer may choose any valid
means of evaluating its products to
determine whether the vehicle or
equipment will comply with the safety
standards when tested by the agency
according to the procedures specified in
the standard and to provide a basis for
its certification of compliance.
NTEA’s projected costs assume,
inaccurately, that pass-through
certification is not available for any of
its member’s vehicles, and, that they, as
final-stage manufacturers, will need to
conduct testing for these vehicles.
However, for the reasons discussed
earlier, final-stage manufacturers will be
able to rely on the IVDs for vehicles
built using chassis-cabs or incomplete
vehicles with a full exterior van body.
They will be able to certify their
vehicles using pass-through and
engineering judgment and will not need
to incur testing costs for these vehicles.
Moreover, the agency did not adopt
the proposal in the NPRM to extend
FMVSS No. 216 to multi-stage trucks
with a GVWR greater than 2,722
kilograms (6,000 pounds) not built on a
chassis-cab and not built on an
incomplete vehicle with a full exterior
van body, e.g., those built using
cutaways and stripped chassis.
Therefore, there will not be any FMVSS
No. 216 compliance costs for these
vehicles.
As to other multi-stage vehicles, finalstage manufacturers will have the
option of certifying with the FMVSS No.
216 test or the FMVSS No. 220 test. The
FMVSS No. 220 test option will
minimize the costs of compliance for
these vehicles. As noted above, these
vehicles are used to transport
passengers. Various mobility, paratransit and other vehicles were also
being designed to meet the FMVSS No.
220 test prior to this rulemaking.
Models are produced in sufficient
quantities and do not vary such that
compliance tests would be required for
each variation. In light of the above, the
requirements are reasonable. Also, RVIA
supported this aspect of the proposal.
We also observe that new procedures
adopted by the agency in the 2005 and
2006 certification rules for applying for
temporary exemptions are available,
although we are not aware of any
specific situations in which they would
be needed.
H. Conclusion
While NTEA commented that the
proposed upgrade of FMVSS No. 216
would be impracticable for its members,
the final rule we adopted is not
impracticable for final-stage
manufacturers.
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Final-stage manufacturers that build
their vehicles using chassis-cabs will be
able to rely on pass-through
certification. A reasonable reading of the
provided IVDs demonstrates this, as
does the fact of the number of multistage vehicles on the road today that are
certified to comply with many FMVSSs.
In extending FVMSS No. 216 to heavier
light vehicles, we did not include trucks
other than those built using a chassiscab or incomplete vehicle with a full
exterior van body—a change from the
NPRM. Also, for multi-stage vehicles
other than those built using chassiscabs, NHTSA provided an alternative
test procedure that is used for school
buses and has also been used by a
number of States for para-transit buses.
Many manufacturers are already
building vehicles to this alternative.
Issued: April 2, 2010.
David L. Strickland,
Administrator.
[FR Doc. 2010–7907 Filed 4–6–10; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2009–0093]
RIN 2127–AG51
Federal Motor Vehicle Safety
Standards; Roof Crush Resistance
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; correcting
amendment.
SUMMARY: In May 2009 we published a
final rule that upgraded the agency’s
safety standard on roof crush resistance.
In this document, we correct two errors
in that rule. We also identify errors in
the preamble to that rule.
DATES: This rule is effective May 7,
2010.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may call
Christopher J. Wiacek, NHTSA Office of
Crashworthiness Standards, telephone
202–366–4801. For legal issues, you
may call J. Edward Glancy, NHTSA
Office of Chief Counsel, telephone 202–
366–2992. You may send mail to these
officials at the National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue, SE., West Building,
Washington, DC 20590.
E:\FR\FM\07APR1.SGM
07APR1
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations
On May
12, 2009, 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,
NHTSA published in the Federal
Register (74 FR 22348) 1 a final rule
substantially upgrading Federal Motor
Vehicle Safety Standard (FMVSS) No.
216, Roof Crush Resistance. The
upgraded standard is designated FMVSS
No. 216a.
In this document, we correct two
errors in that rule. We also identify
errors in the preamble to that rule.
We note that we are also publishing
two separate documents related to the
May 2009 final rule. One is a fuller
response to comments submitted by the
National Truck Equipment Association
on our proposal to upgrade FMVSS No.
216. The other is a response to petitions
for reconsideration of the May 2009
final rule.
SUPPLEMENTARY INFORMATION:
Correcting Amendments
One of the correcting amendments
incorporates a provision that was
discussed in the preamble but
inadvertently omitted from the
regulatory text. As explained in the
preamble, the agency decided to
exclude a narrow category of multi-stage
vehicles from FMVSS No. 216, multistage trucks with a GVWR greater than
2,722 kilograms (6,000 pounds) not built
using a chassis cab or using an
incomplete vehicle with a full exterior
van body. We included a specific
discussion concerning incomplete
vehicles with a full exterior van body in
the preamble,2 but the regulatory text
inadvertently omitted the reference to
incomplete vehicles with a full exterior
van body. We are correcting FMVSS No.
216a by adding that phrase at S3.1(a)(4).
The other correcting amendment
corrects a cross-reference to the seat
positioning procedure for the 50th
percentile male dummy of FMVSS No.
214 Side Impact Protection. The
reference is included in the introductory
text of S7.2 of FMVSS No. 216a. As
corrected, S7.2 specifically crossreferences the seat positioning
procedure for the 50th percentile male
ES–2re dummy in S8.3.1 of FMVSS No.
214.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Errors in Preamble
Safety Analysis & Forensic
Engineering, LLC (SAFE) brought to our
attention errors in the preamble that
incorrectly attributed to it the comments
of another organization, Safety Analysis,
Inc. Both of these organizations
submitted comments.
The errors were included in a section
of the preamble titled ‘‘Roof Crush as a
Cause of Injury’’ beginning at 74 FR
22378, and in the immediately
following section titled ‘‘Agency
Response’’ at 74 FR 22379. Each of the
references to SAFE in these sections
should have been attributed to Safety
Analysis, Inc. SAFE noted that there is
no affiliation between SAFE and Safety
Analysis, Inc. and also stated the most
of the positions taken by SAFE in its
comments are diametrically opposed to
the positions taken by Safety Analysis,
Inc. We apologize for these errors.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor
vehicles, Rubber and rubber products,
and Tires.
Accordingly, 49 CFR part 571 is
corrected by making the following
correcting amendments:
■
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
1. The authority citation for part 571
of title 49 continues to read as follows:
■
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.50.
2. Section 571.216a is amended by
revising S3.1(a)(4) and S7.2 introductory
text to read as follows:
■
§ 571.216a Standard No. 216a; Roof crush
resistance; Upgraded standard.
*
*
*
*
*
S3.1 Application.
(a) * * *
(4) Trucks built in two or more stages
with a GVWR greater than 2,722
kilograms (6,000 pounds) not built using
a chassis cab or using an incomplete
vehicle with a full exterior van body.
*
*
*
*
*
S7.2 Adjust the seats in accordance
with S8.3.1 of 49 CFR 571.214. Position
the top center of the head form specified
in S5.2 of 49 CFR 571.201 at the
location of the top center of the Head
Restraint Measurement Device (HRMD)
specified in 49 CFR 571.202a, in the
front outboard designated seating
position on the side of the vehicle being
tested as follows:
*
*
*
*
*
Issued on: April 2, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
1 Docket
[FR Doc. 2010–7909 Filed 4–6–10; 8:45 am]
2 74
BILLING CODE 4910–59–P
No. NHTSA–2009–0093.
FR at 22373.
VerDate Nov<24>2008
15:15 Apr 06, 2010
Jkt 220001
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17605
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2009–0093]
Federal Motor Vehicle Safety
Standards; Roof Crush Resistance
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; response to petitions
for reconsideration.
SUMMARY: This document responds to
two petitions for reconsideration of a
May 12, 2009 final rule that upgraded
the agency’s safety standard on roof
crush resistance. The first petition
requested the agency to reconsider its
decision to apply a lower roof strengthto-weight ratio requirement to heavier
light vehicles, i.e., ones with a gross
vehicle weight rating greater than 2,722
kilograms (6,000 pounds), than to other
light vehicles. The second requested
reconsideration of that decision as well
as the agency’s decision not to adopt a
dynamic rollover test requirement as
part of this rulemaking. After carefully
considering the petitions, we are
denying them. This document also
responds to supplemental requests
made by the petitioners.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may call
Christopher J. Wiacek, NHTSA Office of
Crashworthiness Standards, telephone
202–366–4801. For legal issues, you
may call J. Edward Glancy, NHTSA
Office of Chief Counsel, telephone 202–
366–2992. You may send mail to these
officials at the National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue, SE., West Building,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Petitions for Reconsideration
III. Today’s Document and Related Actions
IV. Response to Petitions
A. Request That All Vehicles With a GVWR
Not Greater Than 4,536 Kilograms
(10,000 Pounds) Be Required To Meet a
3.0 SWR
1. May 2009 Final Rule Discussion
2. Overall Rationale for Request and
Petitioners’ Argument Concerning Costs
3. Petitioners’ Argument Concerning
Equity
4. Consequences of Lower Roof Crush
Protection for Heavier Light Vehicles and
Documentation From NTSB
5. Agency’s Cost-Benefit Analysis
B. Request That Agency Adopt a Dynamic
Testing Provision
E:\FR\FM\07APR1.SGM
07APR1
Agencies
[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Rules and Regulations]
[Pages 17604-17605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7909]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2009-0093]
RIN 2127-AG51
Federal Motor Vehicle Safety Standards; Roof Crush Resistance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: In May 2009 we published a final rule that upgraded the
agency's safety standard on roof crush resistance. In this document, we
correct two errors in that rule. We also identify errors in the
preamble to that rule.
DATES: This rule is effective May 7, 2010.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call
Christopher J. Wiacek, NHTSA Office of Crashworthiness Standards,
telephone 202-366-4801. For legal issues, you may call J. Edward
Glancy, NHTSA Office of Chief Counsel, telephone 202-366-2992. You may
send mail to these officials at the National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., West Building, Washington,
DC 20590.
[[Page 17605]]
SUPPLEMENTARY INFORMATION: On May 12, 2009, 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, NHTSA published in the
Federal Register (74 FR 22348) \1\ a final rule substantially upgrading
Federal Motor Vehicle Safety Standard (FMVSS) No. 216, Roof Crush
Resistance. The upgraded standard is designated FMVSS No. 216a.
---------------------------------------------------------------------------
\1\ Docket No. NHTSA-2009-0093.
---------------------------------------------------------------------------
In this document, we correct two errors in that rule. We also
identify errors in the preamble to that rule.
We note that we are also publishing two separate documents related
to the May 2009 final rule. One is a fuller response to comments
submitted by the National Truck Equipment Association on our proposal
to upgrade FMVSS No. 216. The other is a response to petitions for
reconsideration of the May 2009 final rule.
Correcting Amendments
One of the correcting amendments incorporates a provision that was
discussed in the preamble but inadvertently omitted from the regulatory
text. As explained in the preamble, the agency decided to exclude a
narrow category of multi-stage vehicles from FMVSS No. 216, multi-stage
trucks with a GVWR greater than 2,722 kilograms (6,000 pounds) not
built using a chassis cab or using an incomplete vehicle with a full
exterior van body. We included a specific discussion concerning
incomplete vehicles with a full exterior van body in the preamble,\2\
but the regulatory text inadvertently omitted the reference to
incomplete vehicles with a full exterior van body. We are correcting
FMVSS No. 216a by adding that phrase at S3.1(a)(4).
---------------------------------------------------------------------------
\2\ 74 FR at 22373.
---------------------------------------------------------------------------
The other correcting amendment corrects a cross-reference to the
seat positioning procedure for the 50th percentile male dummy of FMVSS
No. 214 Side Impact Protection. The reference is included in the
introductory text of S7.2 of FMVSS No. 216a. As corrected, S7.2
specifically cross-references the seat positioning procedure for the
50th percentile male ES-2re dummy in S8.3.1 of FMVSS No. 214.
Errors in Preamble
Safety Analysis & Forensic Engineering, LLC (SAFE) brought to our
attention errors in the preamble that incorrectly attributed to it the
comments of another organization, Safety Analysis, Inc. Both of these
organizations submitted comments.
The errors were included in a section of the preamble titled ``Roof
Crush as a Cause of Injury'' beginning at 74 FR 22378, and in the
immediately following section titled ``Agency Response'' at 74 FR
22379. Each of the references to SAFE in these sections should have
been attributed to Safety Analysis, Inc. SAFE noted that there is no
affiliation between SAFE and Safety Analysis, Inc. and also stated the
most of the positions taken by SAFE in its comments are diametrically
opposed to the positions taken by Safety Analysis, Inc. We apologize
for these errors.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, and Tires.
0
Accordingly, 49 CFR part 571 is corrected by making the following
correcting amendments:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 of title 49 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
0
2. Section 571.216a is amended by revising S3.1(a)(4) and S7.2
introductory text to read as follows:
Sec. 571.216a Standard No. 216a; Roof crush resistance; Upgraded
standard.
* * * * *
S3.1 Application.
(a) * * *
(4) Trucks built in two or more stages with a GVWR greater than
2,722 kilograms (6,000 pounds) not built using a chassis cab or using
an incomplete vehicle with a full exterior van body.
* * * * *
S7.2 Adjust the seats in accordance with S8.3.1 of 49 CFR 571.214.
Position the top center of the head form specified in S5.2 of 49 CFR
571.201 at the location of the top center of the Head Restraint
Measurement Device (HRMD) specified in 49 CFR 571.202a, in the front
outboard designated seating position on the side of the vehicle being
tested as follows:
* * * * *
Issued on: April 2, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-7909 Filed 4-6-10; 8:45 am]
BILLING CODE 4910-59-P