Federal Motor Vehicle Safety Standards; Seat Belt Assembly Anchorages; Incorporation by Reference, 19155-19164 [2012-7623]
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Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules
19155
compliance tests of anchorage strength.
The device represents a human torso
and pelvis. The new device comes in
two sizes, one representative of a midsize adult male, and the other of a small
occupant. We propose both sizes be
used in FMVSS No. 210. We believe that
the devices provide a consistent test
configuration and load path to the seat
belt assembly anchorages. We are
proposing this amendment because the
devices are significantly easier to use
than the current body blocks.
DATES: Comments must be received on
or before May 29, 2012.
ADDRESSES: You may submit comments
to the docket number identified in the
heading of this document by any of the
following methods:
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online instructions for submitting
comments.
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Floor, Rm. W12–140, 1200 New Jersey
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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 at 202–366–
9324.
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on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the SUPPLEMENTARY INFORMATION section
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FOR FURTHER INFORMATION CONTACT: For
non-legal issues: Ms. Carla Rush, Office
of Crashworthiness Standards, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE.,
Washington, DC 20590 (telephone 202–
366–4583, fax 202–493–2739).
Continued
FOR FURTHER INFORMATION CONTACT:
Funmi Taylor of the Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel
(Procedure and Administration) at (202)
622–7180 (not a toll-free number).
SUPPLEMENTARY INFORMATION: A notice
of proposed rulemaking by crossreference to temporary regulations and a
notice of public hearing that appeared
in the Federal Register on Tuesday
January 17, 2012 (77 FR 2240)
announced that a public hearing was
scheduled for April 3, 2012, at 10 a.m.
in the IRS Auditorium, Internal Revenue
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the public hearing is under section 861
of the Internal Revenue Code.
The public comment period for the
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rulemaking by cross-reference to
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hearing to submit an outline of the
topics to be addressed. As of Monday,
March 26, 2012, no one has requested to
speak. Therefore, the public hearing
scheduled for April 3, 2012, is
cancelled.
LaNita VanDyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2012–7609 Filed 3–29–12; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2012–0036]
RIN 2127–AL05
Federal Motor Vehicle Safety
Standards; Seat Belt Assembly
Anchorages; Incorporation by
Reference
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
srobinson on DSK4SPTVN1PROD with PROPOSALS
AGENCY:
This NPRM proposes to
amend Federal Motor Vehicle Safety
Standard No. 210, ‘‘Seat belt assembly
anchorages,’’ to specify a new force
application device for use as a testing
interface to transfer loads onto the seat
belt anchorage system during
SUMMARY:
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For legal issues: Ms. Deirdre Fujita,
Office of the Chief Counsel, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE.,
Washington, DC 20590 (telephone 202–
366–2992, fax: 202–366–3820).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. FMVSS No. 210
II. Proposed New Force Application Device
a. FAD1 and FAD2
b. Positioning the FAD
c. Drawing Package
III. Data From Use of the FADs
a. Consistent Positioning of the FADs on a
Vehicle Seat
b. Repeatability of Force Measurement
c. Vehicle Tests
1. FADs Do Not Appear To Affect the
Stringency of the Test
2. FADs Appear To Offer Advantages
IV. Lead Time
V. Miscellaneous Issues
a. Metric Units
b. Note—Testing Motorcoach Seat Belt
Anchorages
c. Note—Figure 3 in FMVSS No. 210
d. Note—Side-Facing Seats Correction
VI. Rulemaking Analyses and Notices
VII. Public Participation
I. FMVSS No. 210
FMVSS No. 210, ‘‘Seat belt assembly
anchorages,’’ applies to passenger cars,
multipurpose passenger vehicles
(MPVs), trucks, and buses. The standard
establishes requirements for seat belt
assembly anchorages to ensure the
anchorages are properly located for
effective occupant restraint and to
reduce the likelihood of their failure. As
to the latter, the standard requires seat
belt anchorages to withstand specified
forces to increase the likelihood that the
belts will remain attached to the vehicle
structure in a crash. Under the standard,
seat belt anchorage assemblies for lap/
shoulder belts must withstand a 13,345
Newton (N) (3,000 pounds (lb)) force
applied to the lap belt portion of the
seat belt assembly simultaneously with
a 13,345 N force applied to the shoulder
belt portion of the seat belt assembly.
The anchorage assemblies must
withstand the force as it is increased
over thirty seconds, and withstand that
force as it is held for 10 seconds.1 These
forces are applied to the shoulder
portion of the belt (for a lap/shoulder
belt) by an upper torso body block
(Figure 3 in FMVSS No. 210) and the
lap belt portion of the belt by a pelvic
body block 2 (Figures 2A and 2B in
1 For lap belt only anchorages, the seat belt
anchorage must withstand force as it is increased
to 22,241 N (5,000 pounds) over thirty seconds and
withstand that force as it is held for 10 seconds.
2 The particular pelvic body block used depends
on the type of seat. Typically the body block in
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Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules
FMVSS No. 210 and Figure 2 in FMVSS
No. 222, ‘‘School bus passenger seating
and crash protection’’).
II. Proposed New Force Application
Device
We propose to amend FMVSS No. 210
to reference a new ‘‘force application
device’’ (FAD), which would replace the
pelvic body block for all belt types and
the upper torso body block for lap/
shoulder belts. The FAD consists of an
upper torso portion and a pelvic portion
hinged together to form a one-piece
device, and is available in two sizes (see
Figures 5 and 6 in the proposed
regulatory text). We propose both sizes
be incorporated into the FMVSS No. 210
test procedure.
a. FAD1 and FAD2
The two different size versions of the
FADs are called FAD1 and FAD2. We
estimate the cost of each FAD (both the
FAD1 and FAD2) to be approximately
$8,000.
The external dimensions of the FAD1
are based on digital data 3 developed by
the University of Michigan
Transportation Research Institute
(UMTRI) as a representation of the 50th
percentile adult male. The FAD1, which
weighs 55.8 kg (123 lb), replicates the
torso and lap portions of what UMTRI
calls the ‘‘Golden Shell’’ and reproduces
the seat belt angles produced when a
seat belt is fastened around a 50th
percentile adult male. We believe that
the FAD1 and FAD2 provide a
consistent test configuration and load
path to the seat belt assembly
anchorages. A detailed description of
the FAD can be found in a technical
report prepared for the agency (‘‘Final
Report: Development of a Combination
Upper Torso and Pelvic Body Block for
FMVSS 210 Test, Revision A,’’ May 22,
FAD1
Weight (lb/kg)* .....................................................................
Shoulder Pivot Height (in/millimeters (mm)) ........................
Shoulder Breadth (in/mm) ....................................................
Hip Breadth (in/mm) .............................................................
HIII 50th Male
123.00/55.79
18.50/470
17.73/450
13.97/355
171.30/77.70
20.2/513
16.90/429
14.3/363
2003, KARCO Engineering, LLC), a copy
of which has been placed in the docket
for this NPRM.
NHTSA developed the specifications
for the FAD2, the smaller version of the
force application device, to use at
designated seating positions (DSPs) that
are too narrow in width to accommodate
the FAD1, such as some rear center seats
in passenger cars and MPVs. In addition
to enabling the testing of the seat belt
assembly anchorages of smaller-width
DSPs, the FAD2 also would ensure that
the test simulates parameters (e.g., belt
angle and placement) that are consistent
with a smaller person sitting in the seat.
The table below summarizes the
dimensions of the FAD1 and the FAD2,
and, for comparison purposes, the
dimensions of the Hybrid III (HIII) test
dummies representing the 50th
percentile adult male, 10-year-old child,
and the 5th percentile adult female.
HIII 10-yearold child
FAD2
47.50/27.55
12.38/314
11.97/304
9.43/240
77.60/35.20
15.55/395
12.40/315
10.40/264
HIII 5th
percentile
female
108/48.99
17.5/445
14.1/358
12.1/307
* There is a weight difference in part because the FADs do not have arms, legs, or a head.
inboard FAD1 would be replaced with
a FAD2, and so on. If the contact
continues with all inboard DSPs with
FAD2s, the FAD1 in the non-driver side
outboard DSP would be replaced with a
FAD2. If there is still contact between
the FADs, the FAD1 in the driver side
outboard DSP would be replaced with a
FAD2.
Comments are requested on this
procedure.
srobinson on DSK4SPTVN1PROD with PROPOSALS
As to when the agency would use the
FAD1 versus the FAD2 to test the seat
belt anchorages, NHTSA proposes the
following. The agency would, in the
first instance, attempt to fit the FAD1 in
the DSP to test the seat belt assembly
anchorages, using the procedure
described in the next section below. For
tests conducted in accordance with
S4.2.4 of FMVSS No. 210 (simultaneous
testing of adjacent DSP anchorages),4 if
after the FAD1 devices are installed, but
prior to conducting the test, there is
contact between the FAD1s (or if there
is contact between the FAD1s that
prevent them from fitting side-by-side),
an inboard FAD1 would be replaced
with a FAD2. If there is still contact
between the FADs, and if there is
another inboard DSP, an additional
b. Positioning the FAD
The regulatory text of FMVSS No. 210
would specify how the FADs would be
positioned on a vehicle seat at the outset
of the strength test.5 Generally, the seat
back would be at the manufacturer’s
design seat back angle, and the seat in
its rearmost and lowest position. The
FAD would be placed so that its
midsagittal plane is vertical and aligned
with the longitudinal centerline of the
seat back. Prior to the application of
forces described in S5 of FMVSS No.
210, the FAD is set up such that the
pelvis portion of the FAD rests on the
seat and makes contact with the seat
back. Holding the pelvis portion in
place, the technician positions the torso
portion of the FAD in contact with the
seat back. The technician would place
the lap belt over the lap portion of the
pelvis, and if applicable, the shoulder
belt across the FAD’s torso portion.
Once the FAD is in place, the technician
would remove enough slack such that
the seat belt is snug 6 against the FAD,
and would ensure that the seat belt is
locked in this position. The technician
would then attach the device used to
Figure 2A of FMVSS No. 210 is used. The Figure
2B body block of FMVSS No. 210 is optionally used
for center seating positions. The FMVSS No. 222
Figure 2 body block is only used for school buses
with a GVWR of 4,536 kilograms (kg) (10,000
pounds) or less.
3 Robbins, D. 1985. ‘‘Anthropometric
Specifications for Mid-Size Male Dummy,’’ Volume
2, UMTRI, DOT HS 806 716.
4 Briefly stated, S4.2.4 specifies that anchorages,
attachment hardware, and attachment bolts shall be
tested by simultaneously loading them if: (a) The
DSPs are common to the same occupant seat and
face the same direction, or (b) the DSPs are not
common to the same occupant seat, but a DSP has
an anchorage that is within 305 mm of an anchorage
for one of the adjacent DSPs, provided that the
adjacent seats face in the same direction.
5 In the 1990s, NHTSA did not prevail in an
enforcement action brought against a manufacturer
for an apparent noncompliance with FMVSS No.
210. In the test, NHTSA positioned the pelvic body
block away from the rear seat back, believing that
positioning the body block in this manner was
within the test parameters of the standard. The
manufacturer argued that its vehicle met FMVSS
No. 210 when tested with the body block placed
against the seat back, and that NHTSA’s placement
of the pelvic body block forward of the seat back
was not required by FMVSS No. 210. Ultimately,
the U.S. Court of Appeals for the District of
Columbia Circuit determined that NHTSA failed to
provide adequate notice about the correct
placement of the pelvic body block, i.e., that it
could be placed forward of the seat back. United
States v. Chrysler Corporation. 158 F.3rd 1350 (DC
Cir. 1998).
6 ‘‘Snug’’ refers to when enough slack is removed
from the seat belt(s) such that a 31.75 mm (11⁄4 inch)
diameter wooden rod will not pass between the
FAD and the belt with a maximum force of 2.22 N
(0.5 lb-force) exerted tangent to the FAD shoulder
or lap belt interface.
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Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules
apply the requisite load(s), and apply
the load(s) in the manner described in
S5 of the standard. (The May 22, 2003
docketed test report illustrates a typical
pull test set-up.)
NHTSA has tentatively concluded
that the regulatory text proposed today
provides a clear explanation of how the
agency will position the FADs in
FMVSS No. 210 compliance tests and
that following that text will result in
consistent positioning of the FADs.
NHTSA requests comments on whether
and how the proposed text could be
improved to provide clearer information
on how the FADs would be positioned
and how the FMVSS No. 210 test would
be conducted.
c. Drawing Package
The FAD1 and the FAD2 each consist
of component assemblies specified in
approximately 32 drawings that we have
docketed. We believe that the drawing
package is sufficiently detailed to allow
manufacturers to fabricate the FAD1 and
FAD2. During development of this
NPRM, we compared a FAD1 and FAD2
manufactured by Denton ATD using the
drawing package to a FAD1 and a FAD2
that pre-existed the drawing package.
NHTSA’s Vehicle Research and Test
Center dimensionally inspected the
FADs manufactured according to the
drawings and the preexisting FADs.7
Based upon this inspection, the agency
determined that the devices were
sufficiently equivalent. From this
evaluation, we tentatively conclude that
the drawing package is sufficient to
allow consistent fabrication of the FAD1
and FAD2.
III. Data From Use of the FADs
srobinson on DSK4SPTVN1PROD with PROPOSALS
a. Consistent Positioning of the FADs
on a Vehicle Seat
Test data indicate that the FADs can
be positioned on a vehicle seat in a
repeatable manner. In an assessment of
the FADs during development of the
devices, different test technicians
positioned the FAD1 and FAD2 three
times in the following nine vehicles:
The model year (MY) 2002 Buick
LeSabre, MY 2002 Toyota MR–2, MY
1995 Plymouth Neon, MY 1995 Toyota
Previa, MY 2000 Chevrolet S–10, MY
2002 Chevrolet TrailBlazer, MY 2003
Volkswagen Jetta, MY 1996 Ford F–350
(U-Haul), and MY 1992 Dodge Ram 350.
The technicians were provided a written
copy of the seating procedure and no
additional instructions. Once each
technician had seated a FAD in a test
7 A document describing the inspection criteria
used to make this determination has been placed in
the docket for this NPRM.
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vehicle, a Faro Arm 8 was used to record
the precise location of three
predetermined points on the FAD
relative to a fixed point on the test
vehicle.
The results from each technician were
compared. On average, the technicians
were able to place a FAD in a specific
test vehicle so that the predetermined
measuring points were within 6.35 mm
(1⁄4 inch) of the same point, on the same
FAD, in the same test vehicle, placed by
the other technicians. (See ‘‘Final
Report: Development of a Combination
Upper Torso and Pelvic Body Block for
FMVSS 210 Test, Revision A,’’ supra.)
We tentatively conclude that a 6.35 mm
(1⁄4 inch) variability in seating the FAD
is acceptable. In comparison, FMVSS
No. 208, ‘‘Occupant crash protection,’’
at S10.4.2.1, specifies a 12.7 mm (1⁄2
inch) tolerance for the H-point.9 A 6.35
mm (1⁄4 inch) variability in seating the
FAD is well within the same range of
tolerance as specified in FMVSS No.
208 for positioning the H-point. This is
even more compelling considering the
technicians performing the FAD test
were unaccustomed to the seating
procedure, and that the results were
based on the comparison of three points
of the FAD surface, not just one.
b. Repeatability of Force Measurement
Test data indicates that in tests with
the FADs, comparable forces would be
measured, within specified tolerances,
from tests of a given seat belt anchorage
during repeated trials on the same
vehicle body design. Our assessment is
based on results of four tests conducted
to assess the repeatability of the FAD1
test device. The test configuration was
set up in a generic configuration to
minimize variability. Anchorage load
cells were mounted to a rigid test rig,
the vehicle seat was replaced with a
rigid seat, and the seat belt webbing was
replaced with high strength webbing.
In each test, the FAD1 was positioned,
belted, and pulled per the proposed
FMVSS No. 210 test procedure. A
statistical analysis was performed on
both the peak force values as well as
time-based metrics. The coefficient of
variance (CV) was used to assess the
variability of the peak values for each
data channel in order to determine the
repeatability of the test results and to
rate the channels based on an
established CV acceptance criteria. The
analysis of these tests can be found in
a NHTSA Technical Report,
‘‘Repeatability Analysis of the Force
8 A Faro Arm is a multiple axis articulated
measuring arm with six degrees of freedom.
9 H-point means the mechanically hinged hip
point of a manikin which simulates the actual pivot
center of the human torso and thigh.
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Applied to Safety Belt Anchors Using
the Force Application Device (May
2009),’’ a copy of which is in the docket
for this NPRM.
The results indicated that all data
channels, except two, were rated
‘‘excellent.’’ Of the two, one data
channel was rated ‘‘good’’ and another
was rated ‘‘acceptable.’’ To model
statistically the output of the entire
system over different tests conducted at
different points in time, a general linear
model (GLM) and a mixed model were
used. The GLM produced a time-based
p-value of 0.98, which means that there
was no statistically significant
difference over tests 1 through 4 for the
four repeated measures while
considering all the data channels.
Similarly, there was no statistically
significant interaction between the test
number and the data channels. This is
shown with a p-value of 0.95. These
results showed that the repeated force
plots of the various channels had
similar trends. The mixed model results
were similar to the GLM and similarly
showed that the four tests were
repeatable and consistent over time.
Overall, the test procedure using the
FAD1 was demonstrated to be
repeatable, with fourteen force channels
meeting the ‘‘excellent’’ criteria, one
channel meeting the ‘‘good’’ criteria and
one channel meeting the ‘‘acceptable’’
criteria. The one ‘‘acceptable’’ data
channel (retractor Y-axis) had a large
measurement error relative to the other
channels as seen by the ‘‘acceptable’’
coefficient of variation. However, the
scale of the mean value, around 889.64
N (200 pounds), is relatively small
compared to the 13,345 N (3,000 pound)
belt load, thus the greater measurement
error has a minor effect on the overall
test results. Both the GLM and the
mixed model method showed that there
are no statistically significant
correlations between the test number
and the data channel and that the
repeated force values of various
channels share similar trends.
The agency has no reason to believe
that similar results would not be
achieved with the FAD2.
c. Vehicle Tests
1. FADs Do Not Appear To Affect the
Stringency of the Test
We believe that using the FADs would
not affect a vehicle’s performance under
FMVSS No. 210. That is, use of the
FADs would not affect the stringency of
the strength test, and would not affect
the likelihood of a vehicle’s meeting or
not meeting the standard’s strength
requirements.
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NHTSA tested nine vehicles with the
FAD1, FAD2, and current FMVSS No.
210 body blocks in adjacent seating
positions installed in the vehicles
shown in Table 2 below. The FAD1 was
in the left seat, the FAD2 was in the
center seat, and the current upper torso
and pelvic body blocks were on the
right seat. (Each of the nine indicant
Test Reports are in the docket for this
NPRM.) Vehicles that met FMVSS No.
210’s strength requirements using the
current body blocks also met those
strength requirements using the FADs.
TABLE 2—NINE INDICANT TESTS
FMVSS No. 210 test
results
Vehicle year, make, and model
2005
2005
2005
2005
2005
2005
2005
2005
2005
VW Passat .....................................................................................................................................................................
Acura RL ........................................................................................................................................................................
Toyota Avalon ................................................................................................................................................................
Buick Lacrosse ...............................................................................................................................................................
Chrysler 300 ...................................................................................................................................................................
Chevy Express 11 Passenger Van ................................................................................................................................
Chrysler Town and Country Mini Van with Stow N’ Go seating ...................................................................................
Ford F–150 Super Crew Cab Pick-up Truck .................................................................................................................
Chevy Aveo ....................................................................................................................................................................
2. FADs Appear To Offer Advantages
srobinson on DSK4SPTVN1PROD with PROPOSALS
w/Current
body
blocks
During the vehicle test program, it
appeared that there are several
advantages to testing with the FADs as
compared to testing with the current
body blocks, in addition to the factor,
discussed above, that the FADs are more
representative of a human form than the
upper torso and pelvic body blocks.
As noted in the docketed test reports,
an advantage to the FAD geometry is
that it does not put an unrealistic
bending force on the belt buckle, unlike
the pelvic body block. Also, the FADs
lack the sharp edges of the pelvic body
block, which reduces the likelihood of
seat belt buckle breakage during testing.
(See docketed test reports.) Buckle
breakage occurs sometimes with the
pelvic body block, which results in
replacing the seat belt with steel cable,
as allowed by the standard.10
We have also noted that, due to the
range of motion associated with the
current body blocks (which can move
independently of each other), there can
be excessive spooling out of seat belt
webbing during an FMVSS No. 210 test,
to the point where the hydraulic rams
can reach their full stroke during a test
before a requisite force level is reached.
When the hydraulic rams reach their
full stroke before the test is completed,
the test must be stopped so the rams can
be re-hooked for the test to continue.
The proposed FADs provide a more
realistic range of motion because they
are shaped like a human, with the upper
10 S5 of the standard specifies that, when testing
the anchorage, the anchorage is connected to
material whose breaking strength is equal to or
greater than the breaking strength of the webbing for
the seat assembly installed as original equipment at
that seating position.
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torso portion hinged to the pelvic
portion. The two parts cannot move as
independently of each other as can the
current FMVSS No. 210 body blocks.
The FADs do not result in as much seat
belt spool-out as seen with the current
body blocks and thereby eliminate the
problem of bottoming-out the hydraulic
cylinders during the test.
Another noteworthy advantage of the
proposed FADs over the current FMVSS
No. 210 body blocks is that the FADs
necessitate significantly less effort and
time to install in a test vehicle. A FAD
can be installed in a vehicle seat in less
than 5 minutes, while the current body
blocks typically necessitate over 10
minutes.11 This estimated reduction in
time results from the ease-of-use of the
FADs; they required only one attempt
for installation in our tests. In contrast,
for the current body blocks, typically
numerous attempts at positioning are
necessary because the upper torso block
often falls out of position during set-up
and needs to be re-installed. A test of a
common seat with three designated
seating positions can be as much as 20
minutes shorter when using the FADs
versus when using the current body
blocks, which can be associated with
decreased labor costs, and ultimately, a
decrease in the total cost of the test.
Furthermore, the current body blocks
need two technicians for installation,
while the FADs can be installed by one
technician.12
11 See Karco Engineering, LLC ‘‘Final Report:
Development of a Combination Upper Torso and
Pelvic Body Block for FMVSS 210 Test, Revision
A,’’ supra, at page 28.
12 Assuming the use of one technician at a pay
rate of $75 per hour and a savings of 5 minutes per
seat installation, we estimate that using the FADs
to test a vehicle may result in a total labor cost
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For the reasons provided above, we
propose to amend FMVSS No. 210 to
incorporate the FAD1 and FAD2 into
the standard in place of the upper torso
and pelvic body blocks.
IV. Lead Time
The proposed effective date (the date
that the text of FMVSS No. 210 would
be revised in the Code of Federal
Regulations) is 180 days after date of
publication of the final rule.
The proposed compliance date for
testing with the FADs would be three
years from the date of publication of the
final rule. The agency would use the
FADs to test vehicles manufactured on
or after the first September 1st that is
three years from the date of publication
of the final rule. We have tentatively
determined that three years is sufficient
time for manufacturers to procure the
FADs and test their vehicles’ seat belt
anchorages with the FADs. Optional
early compliance would be permitted.
Comment is sought on the proposed
lead time.
V. Miscellaneous Issues
a. Metric Units
There are English and metric units
used in FMVSS No. 210. At present,
force measurements in the introductory
sentence of S4.2.1 and in the
introductory sentence of S4.2.2 are in
pounds (5,000 pounds in S4.2.1 and
3,000 pounds in S4.2.2). The preferred
method of measurement in the FMVSSs
is the metric system. To reflect the
preference for the metric system and to
promote consistency throughout FMVSS
savings of $93.75 (or $18.75 per seating position),
as compared to tests of the vehicle using the current
body blocks.
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No. 210, these measurements specified
in pounds are proposed to be specified
in Newtons (N). Therefore, for S4.2.1,
we propose to specify the force as
‘‘22,241 N (5,000 pounds)’’ and for
S4.2.2, we propose to specify the force
as ‘‘13,345 N (3,000 pounds).’’
b. Note—Testing Motorcoach Seat Belt
Anchorages
In 2010, NHTSA published an NPRM
that, among other matters, proposed to
require passenger seat belts on
motorcoaches (75 FR 50958; August 18,
2010; Docket NHTSA–2010–0112).
Today’s NPRM would amend FMVSS
No. 210 as applied to all vehicles
subject to the standard, including
motorcoaches. If the proposal is
adopted, the FAD1 and FAD2 would be
used instead of the current upper torso
and pelvic body blocks to test seat belt
anchorages on motorcoaches
manufactured on or after the
compliance date of the standard.
c. Note—Figure 3 in FMVSS No. 210
For clarification purposes, we would
like to point out that, even if we adopt
the FADs in a final rule, there would
still be a need for the upper torso block
shown in Figure 3 of FMVSS No. 210.
The upper torso body block depicted in
Figure 3 is currently referenced in
S5.1.6 of FMVSS No. 222 for use in
testing school bus seats to that
standard’s quasi-static test
requirements. The quasi-static test
requirements help ensure that seat backs
incorporating lap/shoulder belts are
strong enough to withstand the forward
pull of the torso belts in a crash and the
forces imposed on the seat from
unbelted passengers to the rear of the
belted occupants. NHTSA would
continue to use the (Figure 3) torso body
block in FMVSS No. 222’s quasi-static
test. (If the FADs are adopted, the school
bus seat belt anchorages would be tested
under FMVSS No. 210 with the FADs.)
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d. Note—Side-Facing Seats Correction
The regulatory text in this NPRM sets
forth S4.2 without the clause ‘‘except for
side-facing seats,’’ which appears
several times in current S4.2. These
clauses were made obsolete by an
October 8, 2008 final rule 13 which
announced our decision to eliminate the
exclusion of side-facing seats (and thus
apply S4.2’s strength requirements to
side-facing seats) but which failed to
amend S4.2 to reflect this change. A
correcting amendment removing the
clauses from S4.2 will be issued by the
13 73 FR 58887, 58888; definition of ‘‘designated
seating position.’’
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agency. In the meantime, today’s
document shows S4.2 in corrected form.
VI. Rulemaking Analyses and Notices
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563, and DOT Regulatory Policies and
Procedures
The agency has considered the impact
of this rulemaking action under E.O.
12866, E.O. 13563, and the Department
of Transportation’s regulatory policies
and procedures. This rulemaking was
not reviewed by the Office of
Management and Budget under E.O.
12866, ‘‘Regulatory Planning and
Review.’’ The rulemaking action has
also been determined to be not
significant under the Department’s
regulatory policies and procedures.
We estimate the cost of each FAD,
both the FAD1 and FAD2, to be
approximately $8,000 each. Assuming a
vehicle manufacturer or testing facility
purchases a set of two FAD1s and three
FAD2s, the principal cost associated
with this NPRM is the one-time 14
purchase cost of the set, totaling
$40,000. As discussed above, the FADs
require significantly less effort, time and
personnel to install in the test vehicle.
Thus, we believe there would be
associated cost savings which could offset the purchase cost of the FADs.
The FAD2 is smaller than the FAD1
and would enable NHTSA to test belt
anchorages at DSPs that do not fit the
latter device. However, additional safety
benefits accruing beyond those already
attributable to FMVSS No. 210 cannot
be quantified.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of
1980, as amended, requires agencies to
evaluate the potential effects of their
proposed and final rules on small
businesses, small organizations and
small governmental jurisdictions. I
hereby certify that this proposed rule, if
made final, would not have a significant
economic impact on a substantial
number of small entities. Small
organizations and small governmental
units would not be significantly affected
since the potential cost impacts
associated with this action would not
significantly affect the price of new
motor vehicles.
The Small Business Administration’s
(SBA’s) size standard regulation at 13
14 Given that the materials that compose the new
FADs are polyurethane castings with aluminum
structural components and the peripheral
attachments are aluminum and steel, we do not
expect them to experience any appreciable wear as
a result of the FMVSS No. 210 testing and,
therefore, we believe that the FADs will have a long
service life.
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CFR part 121, ‘‘Small business size
regulations,’’ prescribes small business
size standards by North American
Industry Classification System (NAICS)
codes. NAICS code 336111, Automobile
Manufacturing prescribes a small
business size standard of 1,000 or fewer
employees. NAICS code 336399, All
Other Motor Vehicle Parts
Manufacturing, prescribes a small
business size standard of 750 or fewer
employees.
The majority of motor vehicle
manufacturers would not qualify as a
small business. There are a number of
vehicle manufacturers that are small
businesses. We anticipate that these
small businesses will not directly incur
the costs of purchasing the FADs to be
used in FMVSS No. 210. However, if
these small businesses perform their
own FMVSS No. 210 testing or purchase
testing services for FMVSS No. 210
compliance, they will benefit from the
easier-to-use FADs and the lower labor
costs based on the ease of using the
FADs, compared to the existing pelvic
body blocks. For these reasons, if this
proposed rule is made final, NHTSA
does not anticipate a significant
economic impact on a substantial
number of small businesses.
C. Executive Order 13132 (Federalism)
NHTSA has examined today’s
proposed rule pursuant to Executive
Order 13132 (64 FR 43255, August 10,
1999) and concluded that no additional
consultation with States, local
governments or their representatives is
mandated beyond the rulemaking
process. The agency has concluded that
the rulemaking would not have
sufficient federalism implications to
warrant consultation with State and
local officials or the preparation of a
federalism summary impact statement.
The proposed rule would not have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
NHTSA rules can preempt in two
ways. First, the National Traffic and
Motor Vehicle Safety Act contains an
express preemption provision: When a
motor vehicle safety standard is in effect
under this chapter, a State or a political
subdivision of a State may prescribe or
continue in effect a standard applicable
to the same aspect of performance of a
motor vehicle or motor vehicle
equipment only if the standard is
identical to the standard prescribed
under this chapter. 49 U.S.C.
§ 30103(b)(1). It is this statutory
command by Congress that preempts
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any non-identical State legislative and
administrative law addressing the same
aspect of performance.
The express preemption provision
described above is subject to a savings
clause under which ‘‘[c]ompliance with
a motor vehicle safety standard
prescribed under this chapter does not
exempt a person from liability at
common law.’’ 49 U.S.C. 30103(e)
Pursuant to this provision, State
common law tort causes of action
against motor vehicle manufacturers
that might otherwise be preempted by
the express preemption provision are
generally preserved. However, the
Supreme Court has recognized the
possibility, in some instances, of
implied preemption of such State
common law tort causes of action by
virtue of NHTSA’s rules, even if not
expressly preempted. This second way
that NHTSA rules can preempt is
dependent upon there being an actual
conflict between an FMVSS and the
higher standard that would effectively
be imposed on motor vehicle
manufacturers if someone obtained a
State common law tort judgment against
the manufacturer, notwithstanding the
manufacturer’s compliance with the
NHTSA standard. Because most NHTSA
standards established by an FMVSS are
minimum standards, a State common
law tort cause of action that seeks to
impose a higher standard on motor
vehicle manufacturers will generally not
be preempted. However, if and when
such a conflict does exist—for example,
when the standard at issue is both a
minimum and a maximum standard—
the State common law tort cause of
action is impliedly preempted. See
Geier v. American Honda Motor Co.,
529 U.S. 861 (2000).
Pursuant to Executive Order 13132
and 12988, NHTSA has considered
whether this proposed rule could or
should preempt State common law
causes of action. The agency’s ability to
announce its conclusion regarding the
preemptive effect of one of its rules
reduces the likelihood that preemption
will be an issue in any subsequent tort
litigation.
To this end, the agency has examined
the nature (e.g., the language and
structure of the regulatory text) and
objectives of today’s proposed rule and
finds that this proposed rule, like many
NHTSA rules, would prescribe only a
minimum safety standard. As such,
NHTSA does not intend that this
proposed rule would preempt state tort
law that would effectively impose a
higher standard on motor vehicle
manufacturers than that established by
today’s proposed rule. Establishment of
a higher standard by means of State tort
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law would not conflict with the
minimum standard proposed here.
Without any conflict, there could not be
any implied preemption of a State
common law tort cause of action.
petition for reconsideration or pursue
other administrative proceeding before
they may file suit in court.
D. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (UMRA) requires Federal
agencies to prepare a written assessment
of the costs, benefits and other effects of
proposed or final rules that include a
Federal mandate likely to result in the
expenditure by State, local or tribal
governments, in the aggregate, or by the
private sector, of more than $100
million annually (adjusted annually for
inflation, with base year of 1995).
UMRA also requires an agency issuing
a final rule subject to the Act to select
the ‘‘least costly, most cost-effective or
least burdensome alternative that
achieves the objectives of the rule.’’ If
made final, this proposed rule would
not result in a Federal mandate that
would likely result in the expenditure
by State, local or tribal governments, in
the aggregate, or by the private sector, of
more than $100 million annually
(adjusted annually for inflation, with
base year of 1995).
Under the PRA of 1995, a person is
not required to respond to a collection
of information by a Federal agency
unless the collection displays a valid
OMB control number. In this notice of
proposed rulemaking, we are not
proposing any ‘‘collections of
information’’ (as defined at 5 CFR
1320.3(c)).
E. National Environmental Policy Act
NHTSA has analyzed this proposed
rule for the purposes of the National
Environmental Policy Act. The agency
has determined that implementation of
this action will not have any significant
impact on the quality of the human
environment.
F. Executive Order 12778 (Civil Justice
Reform)
With respect to the review of the
promulgation of a new regulation,
section 3(b) of Executive Order 12988,
‘‘Civil Justice Reform’’ (61 FR 4729,
February 7, 1996) requires that
Executive agencies make every
reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect; (2) clearly specifies
the effect on existing Federal law or
regulation; (3) provides a clear legal
standard for affected conduct, while
promoting simplification and burden
reduction; (4) clearly specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. This document is consistent
with that requirement.
Pursuant to this Order, NHTSA notes
as follows. The preemptive effect of this
proposed rule is discussed above.
NHTSA notes further that there is no
requirement that individuals submit a
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G. Paperwork Reduction Act (PRA)
H. National Technology Transfer and
Advancement Act
Under the National Technology
Transfer and Advancement Act of 1995
(NTTAA)(Public Law 104–113), all
Federal agencies and departments shall
use technical standards that are
developed or adopted by voluntary
consensus standards bodies, using such
technical standards as a means to carry
out policy objectives or activities
determined by the agencies and
departments. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies, such as the International
Organization for Standardization (ISO)
and the Society of Automotive
Engineers (SAE). The NTTAA directs us
to provide Congress, through OMB,
explanations when we decide not to use
available and applicable voluntary
consensus standards.
The agency identified an ISO standard
(TR 1417–1974) and an SAE standard
(J384, Rev. JUN94) that have testing
recommendations for seat belt
anchorages. Both standards recommend
the use of body blocks, similar to those
currently specified in FMVSS No. 210,
for applying the required test loads. As
noted in the preamble, there are
advantages to the proposed FADs over
the current FMVSS No. 210 body
blocks, including that the FADs require
significantly less effort and time to
install in a test vehicle. Accordingly, we
have decided to propose using the FADs
in FMVSS No. 210, rather than the body
blocks used in the ISO and SAE
standards.
Consistent with the Act’s goal of
eliminating the agency’s cost of
developing its own standards, NHTSA
has based the external dimensions of the
FAD1 on the ‘‘Golden Shell’’ digital data
developed by UMTRI as a
representation of the 50th percentile
male. By so doing, the agency is saving
resources by making use of pertinent
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technical information that is already
available.
I. Plain Language
Executive Order 12866 requires each
agency to write all rules in plain
language. Application of the principles
of plain language includes consideration
of the following questions:
• Have we organized the material to
suit the public’s needs?
• Are the requirements in the rule
clearly stated?
• Does the rule contain technical
language or jargon that isn’t clear?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rule easier to
understand?
• Would more (but shorter) sections
be better?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rule easier to understand?
If you have any responses to these
questions, please write to us with your
views.
VII. Public Participation
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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. (49 CFR 553.21). 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 two copies of your
comments, including the attachments,
to the Docket at the address given above
under ADDRESSES.
Comments may also be submitted to
the docket electronically by logging into
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
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.
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How can I be sure that my comments
were received?
If you 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. In addition, you should
submit two copies, from which you
have deleted the claimed confidential
business information, to Docket
Management at the address given above
under ADDRESSES. 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. (49 CFR part
512.)
Will the agency consider late
comments?
We will consider all comments that
Docket Management receives before the
close of business on the comment
closing date indicated above under
DATES. To the extent possible, we will
also consider comments that Docket
Management receives after that date. If
Docket Management receives a comment
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 comments received
by Docket Management at the address
given above under ADDRESSES. The
hours of the Docket are indicated above
in the same location. You may also see
the comments on the Internet. To read
the comments on the Internet, go to
https://www.regulations.gov. Follow the
online instructions for accessing the
dockets.
Please note that even after the
comment closing date, we will continue
to file relevant information in the
Docket as it becomes available. Further,
some people may submit late comments.
Accordingly, we recommend that you
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periodically check the Docket for new
material.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor
vehicles, and Tires.
In consideration of the foregoing,
NHTSA proposes to amend 49 CFR part
571 as set forth below.
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 571.5 by adding paragraph
(j)(5) to read as follows:
§ 571.5
Matter incorporated by reference.
*
*
*
*
*
(j) * * *
(5) ‘‘Drawing Package for the Force
Application Device (FAD) FAD1 and
FAD2,’’ June 6, 2006, into § 571.210.
*
*
*
*
*
3. Section 571.210 is amended by:
adding to S3, in alphabetical order, the
definitions of ‘‘actuator,’’ ‘‘bridged pull
yoke,’’ ‘‘FAD1,’’ ‘‘FAD2,’’ ‘‘longitudinal
centerline,’’ and ‘‘seat centerline’’; by
revising S4.2.1 and S4.2.2; by adding
S5.3, S5.4 and S7, and by adding
Figures 5 and 6, to read as follows:
§ 571.210 Standard No. 210, Seat belt
assembly anchorages.
*
*
*
*
*
S3. Definitions.
Actuator means the device used to
apply the load in performing testing
according to the procedures described
in S5 and S7 of this standard.
Bridged pull yoke means the yoke that
bridges the torso and pelvis on the
FAD1 or FAD2.
FAD1 means a force application
device specified in drawings NHTSA–
210–12J–A, ‘‘Drawing Package for the
Force Application Device (FAD) FAD1
and FAD2,’’ June 6, 2006 (incorporated
by reference; see § 571.5). (FAD1 is
depicted in Figure 5 (figure provided for
illustration purposes).)
FAD2 means a force application
device that is smaller than FAD1,
specified in drawings NHTSA–210–12J–
B, ‘‘Drawing Package for the Force
Application Device (FAD) FAD1 and
FAD2,’’ June 6, 2006 (incorporated by
reference; see § 571.5). (FAD2 is
depicted in Figure 6 (figure provided for
illustration purposes).)
Longitudinal centerline of a forward
and rear-facing seat refers to the line
formed by the intersection of the seating
surface and the vertical plane that
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passes through the ‘‘seating reference
point’’ (as defined at 49 CFR 571.3) and
is parallel to the longitudinal centerline
of the vehicle. For a side-facing seat,
longitudinal centerline refers to the
intersection of the seating surface and
the vertical plane that passes through
the seating reference point and is
parallel to the transverse centerline of
the vehicle.
*
*
*
*
*
Seat centerline refers to the line
formed by the intersection of the seating
surface and the vertical plane that
passes through the ‘‘seating reference
point’’ (as defined at 49 CFR 571.3) and
is parallel to the direction that the seat
faces.
*
*
*
*
*
S4.2 Strength.
S4.2.1(a) For vehicles manufactured
before [date inserted would be the first
September 1st that is three years from
the date of publication of a final rule],
except as provided in S4.2.5, the
anchorages, attachment hardware, and
attachment bolts for any of the following
seat belt assemblies shall withstand a
22,241 N (5,000 pound) force when
tested in accordance with S5.1 of this
standard:
(1) Type 1 seat belt assembly; and
(2) Lap belt portion of either a Type
2 or automatic seat belt assembly, if
such seat belt assembly is equipped
with a detachable upper torso belt.
(b) For vehicles manufactured on or
after [date inserted would be the first
September 1st that is three years from
the date of publication of a final rule],
except as provided in S4.2.5, the
anchorages, attachment hardware, and
attachment bolts for any of the following
seat belts assemblies shall withstand a
22,241 N (5,000 pound) force when
tested in accordance with S5.3 of this
standard:
(1) Type 1 seat belt assembly; and
(2) Lap belt portion of either a Type
2 or automatic seat belt assembly, if
such seat belt assembly is equipped
with a detachable upper torso belt.
S4.2.2(a) For vehicles manufactured
before [date inserted would be the first
September 1st that is three years from
the date of publication of a final rule],
except as provided in S4.2.5, the
anchorages, attachment hardware, and
attachment bolts for any of the following
seat belt assemblies shall withstand a
13,345 N (3,000 pound) force applied to
the lap belt portion of the seat belt
assembly simultaneously with a 13,345
N (3,000 pound) force applied to the
shoulder belt portion of the seat belt
assembly, when tested in accordance
with S5.2 of this standard:
(1) Type 2 and automatic seat belt
assemblies that are installed to comply
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with Standard No. 208 (49 CFR
571.208); and
(2) Type 2 and automatic seat belt
assemblies that are installed at a seating
position required to have a Type 1 or
Type 2 seat belt assembly by Standard
No. 208 (49 CFR 571.208).
(b) For vehicles manufactured on or
after [date inserted would be the first
September 1st that is three years from
the date of publication of a final rule],
except as provided in S4.2.5, the
anchorages, attachment hardware, and
attachment bolts for any of the following
seat belt assemblies shall withstand a
13,345 N (3,000 pound) force applied to
the lap belt portion of the seat belt
assembly simultaneously with a 13,345
N (3,000 pound) force applied to the
shoulder belt portion of the seat belt
assembly, when tested in accordance
with S5.4 of this standard:
(1) Type 2 and automatic seat belt
assemblies that are installed to comply
with Standard No. 208 (49 CFR
571.208); and
(2) Type 2 and automatic seat belt
assemblies that are installed at a seating
position required to have a Type 1 or
Type 2 seat belt assembly by Standard
No. 208 (49 CFR 571.208).
*
*
*
*
*
S5.3 Testing seating positions with
Type 1 seat belt assemblies.
(a) Position a FAD1 as specified in S7.
When testing in accordance with S4.2.4,
if after the FAD1 devices are installed,
but prior to conducting the test, there is
contact between the FAD1s, or if FAD1s
cannot be positioned side-by-side due to
contact, replace an inboard FAD1 with
a FAD2. If contact remains and another
inboard designated seating position
exists, replace an additional inboard
FAD1 with a FAD2. If contact remains
and no other inboard designated seating
position exists, replace the non-driver
side outboard FAD1 with a FAD2. If
there is still contact, replace the driver
side outboard FAD1 with a FAD2.
(b) After positioning the FAD1 or
FAD2, as appropriate, in accordance
with S7, apply a force of 22,241 N to the
bridged pull yoke on the FAD1 or to the
bridged pull yoke on the FAD2, in the
direction in which the seat faces, in a
vertical plane that passes through the
‘‘seating reference point’’ (as defined in
49 CFR 571.3) and that is parallel to the
longitudinal centerline of the vehicle for
forward- and rear-facing seats, or that is
perpendicular to the longitudinal
centerline of the vehicle for side-facing
seats, with an initial force application
angle of 10 +/¥ 5 degrees above the
horizontal plane and +/¥ 5 degrees
from the vertical plane. Apply the force
at the onset rate of not more than
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222,411 N per second. Attain the 22,241
N force within 30 seconds and maintain
it for 10 seconds.
S5.4 Testing seats with Type 2 or
Type 2A seat belt assemblies.
(a) Position a FAD1 as specified in S7.
When testing in accordance with S4.2.4,
if after the FAD1 devices are installed,
but prior to conducting the test, there is
contact between the FAD1s, or if FAD1s
cannot be positioned side-by-side due to
contact, replace an inboard FAD1 with
a FAD2. If contact remains and another
inboard designated seating position
exists, replace an additional inboard
FAD1 with a FAD2. If contact remains
and no other inboard designated seating
position exists, replace the non-driver
side outboard FAD1 with a FAD2. If
there is still contact, replace the driver
side outboard FAD1 with a FAD2.
(b) After positioning the FAD1 or
FAD2, as appropriate, in accordance
with S7, apply forces of 13,345 N
simultaneously to the yoke attached to
the torso of the FAD1 or FAD2 and to
the eyelet attached to the pelvis of the
FAD1 or FAD2, in the direction in
which the seat faces, in a vertical plane
that passes through the ‘‘seating
reference point’’ (as defined in 49 CFR
571.3), and that is parallel to the
longitudinal centerline of the vehicle for
forward- and rear-facing seats, or that is
perpendicular to the longitudinal
centerline of the vehicle for side-facing
seats, with an initial force application
angle of 10+/¥ 5 degrees above the
horizontal plane and +/¥ 5 degrees
from the vertical plane. Apply the forces
at the onset rate of not more than
133,447 N per second. Attain the 13,345
N force within 30 seconds of the initial
application of force and maintain it for
10 seconds.
*
*
*
*
*
S7. Force Application Device (FAD)1
and FAD2 Positioning Procedure.
(a) If adjustable, place the seat in its
rearmost position and, if separately
adjustable in the vertical direction, at its
lowest position.
(b) If adjustable, place the seat back at
the manufacturer’s design seat back
angle, as measured by SAE J826 (July
1995) (incorporated by reference, see
§ 571.5).
(c) Identify and mark the longitudinal
centerline for each designated seating
position.
(d) Place the FAD1 or FAD2, as
appropriate, on the seat such that the
midsagittal plane of the FAD1 or FAD2
is vertical and within ± 10 mm of the
seat centerline, with the torso in contact
with the seat back.
(e) While maintaining the alignment
with the longitudinal centerline as
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FAD2 remains in contact with the seat
and seat back.
(h) Buckle and position the seat belt
so that the lap belt secures the pelvis
portion of the FAD1 or FAD2 and the
shoulder strap secures the torso portion
of the FAD1 or FAD2.
(i) Remove enough slack such that a
31.75 mm (11⁄4 inch) diameter wooden
rod will not pass between the FAD1 or
FAD2 and the lap and shoulder belt
with a maximum force of 2.22 N (0.5 lbforce) exerted tangent to the FAD1 or
FAD2 shoulder or lap belt interface and
PO 00000
Frm 00016
Fmt 4702
Sfmt 4725
ensure that the seat belt is locked in this
position.
(j) If testing a Type 2 or Type 2A seat
belt assembly, attach one actuator to the
yoke attached to the torso of the FAD1
and one to the eyelet attached to the
pelvis of the FAD1, or to the torso of the
FAD2 and one to the eyelet attached to
the pelvis of the FAD2. If testing a Type
1 seat belt assembly, attach the actuator
to the bridged pull yoke of the FAD 1
or to the bridged pull yoke of the FAD2.
*
*
*
*
*
E:\FR\FM\30MRP1.SGM
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EP30MR12.001
srobinson on DSK4SPTVN1PROD with PROPOSALS
described in S7.(d), move the pelvis
portion of the FAD1 or FAD2 toward the
seat back until it contacts the seat back.
(f) If the torso is not in contact with
the seat back, rotate it against the seat
back while holding the pelvis in place
until the back of the torso is in contact
with the seat back.
(g) Apply a horizontal force of 180 ±
5 N to the yoke attached to the torso of
the FAD1 or FAD2 towards the seat
back. While performing this step, ensure
that the pelvis portion of the FAD1 or
19163
19164
Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules
On March 16, 2012, NMFS
published a proposed rule for a fishery
management plan (FMP) amendment
modifying the regulations governing the
Federal small-scale HMS fisheries in the
U.S. Caribbean, and announced that
public hearings would be scheduled in
a future notice. In this notice, NMFS is
announcing public hearings in St. Croix,
United States Virgin Islands (USVI) St.
Thomas, USVI, San Juan, Puerto Rico
(PR), Ponce, PR, and Mayaguez, PR, in
order to provide greater opportunity for
public comment on the proposed rule.
Public comments on the proposed rule
must be received on or before June 14,
2012.
SUMMARY:
[FR Doc. 2012–7623 Filed 3–27–12; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 600 and 635
srobinson on DSK4SPTVN1PROD with PROPOSALS
RIN 0648–XB121
Atlantic Highly Migratory Species;
2006 Consolidated Highly Migratory
Species Fishery Management Plan;
Amendment 4
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearings.
AGENCY:
VerDate Mar<15>2010
16:28 Mar 29, 2012
Jkt 226001
Public hearings for Amendment
4 to the 2006 Consolidated Highly
Migratory Species (HMS) Fishery
Management Plan (FMP) will be held
from April through May 2012. See
SUPPLEMENTARY INFORMATION for meeting
dates, times, and locations.
DATES:
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
As published on March 16,
2012 (77 FR 15701), written comments
on this action may be submitted,
identified by NOAA–NMFS–2012–0053,
by any one of the following methods:
• Electronic submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0053 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Mail: Submit written comments to
Margo Schulze-Haugen, 1315 East-West
Highway, Silver Spring, MD 20910.
• Fax: 301–713–1917; Attn: Margo
Schulze-Haugen.
Instructions: All comments received
are part of the public record and
generally will be posted to portal
https://www.regulations.gov without
ADDRESSES:
E:\FR\FM\30MRP1.SGM
30MRP1
EP30MR12.002
Dated: Issued on: March 23, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
Agencies
[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Proposed Rules]
[Pages 19155-19164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7623]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2012-0036]
RIN 2127-AL05
Federal Motor Vehicle Safety Standards; Seat Belt Assembly
Anchorages; Incorporation by Reference
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This NPRM proposes to amend Federal Motor Vehicle Safety
Standard No. 210, ``Seat belt assembly anchorages,'' to specify a new
force application device for use as a testing interface to transfer
loads onto the seat belt anchorage system during compliance tests of
anchorage strength. The device represents a human torso and pelvis. The
new device comes in two sizes, one representative of a mid-size adult
male, and the other of a small occupant. We propose both sizes be used
in FMVSS No. 210. We believe that the devices provide a consistent test
configuration and load path to the seat belt assembly anchorages. We
are proposing this amendment because the devices are significantly
easier to use than the current body blocks.
DATES: Comments must be received on or before May 29, 2012.
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 at 202-366-9324.
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. Please see the Privacy Act discussion below.
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 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: For non-legal issues: Ms. Carla Rush,
Office of Crashworthiness Standards, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590
(telephone 202-366-4583, fax 202-493-2739).
For legal issues: Ms. Deirdre Fujita, Office of the Chief Counsel,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590 (telephone 202-366-2992, fax: 202-366-3820).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. FMVSS No. 210
II. Proposed New Force Application Device
a. FAD1 and FAD2
b. Positioning the FAD
c. Drawing Package
III. Data From Use of the FADs
a. Consistent Positioning of the FADs on a Vehicle Seat
b. Repeatability of Force Measurement
c. Vehicle Tests
1. FADs Do Not Appear To Affect the Stringency of the Test
2. FADs Appear To Offer Advantages
IV. Lead Time
V. Miscellaneous Issues
a. Metric Units
b. Note--Testing Motorcoach Seat Belt Anchorages
c. Note--Figure 3 in FMVSS No. 210
d. Note--Side-Facing Seats Correction
VI. Rulemaking Analyses and Notices
VII. Public Participation
I. FMVSS No. 210
FMVSS No. 210, ``Seat belt assembly anchorages,'' applies to
passenger cars, multipurpose passenger vehicles (MPVs), trucks, and
buses. The standard establishes requirements for seat belt assembly
anchorages to ensure the anchorages are properly located for effective
occupant restraint and to reduce the likelihood of their failure. As to
the latter, the standard requires seat belt anchorages to withstand
specified forces to increase the likelihood that the belts will remain
attached to the vehicle structure in a crash. Under the standard, seat
belt anchorage assemblies for lap/shoulder belts must withstand a
13,345 Newton (N) (3,000 pounds (lb)) force applied to the lap belt
portion of the seat belt assembly simultaneously with a 13,345 N force
applied to the shoulder belt portion of the seat belt assembly. The
anchorage assemblies must withstand the force as it is increased over
thirty seconds, and withstand that force as it is held for 10
seconds.\1\ These forces are applied to the shoulder portion of the
belt (for a lap/shoulder belt) by an upper torso body block (Figure 3
in FMVSS No. 210) and the lap belt portion of the belt by a pelvic body
block \2\ (Figures 2A and 2B in
[[Page 19156]]
FMVSS No. 210 and Figure 2 in FMVSS No. 222, ``School bus passenger
seating and crash protection'').
---------------------------------------------------------------------------
\1\ For lap belt only anchorages, the seat belt anchorage must
withstand force as it is increased to 22,241 N (5,000 pounds) over
thirty seconds and withstand that force as it is held for 10
seconds.
\2\ The particular pelvic body block used depends on the type of
seat. Typically the body block in Figure 2A of FMVSS No. 210 is
used. The Figure 2B body block of FMVSS No. 210 is optionally used
for center seating positions. The FMVSS No. 222 Figure 2 body block
is only used for school buses with a GVWR of 4,536 kilograms (kg)
(10,000 pounds) or less.
---------------------------------------------------------------------------
II. Proposed New Force Application Device
We propose to amend FMVSS No. 210 to reference a new ``force
application device'' (FAD), which would replace the pelvic body block
for all belt types and the upper torso body block for lap/shoulder
belts. The FAD consists of an upper torso portion and a pelvic portion
hinged together to form a one-piece device, and is available in two
sizes (see Figures 5 and 6 in the proposed regulatory text). We propose
both sizes be incorporated into the FMVSS No. 210 test procedure.
a. FAD1 and FAD2
The two different size versions of the FADs are called FAD1 and
FAD2. We estimate the cost of each FAD (both the FAD1 and FAD2) to be
approximately $8,000.
The external dimensions of the FAD1 are based on digital data \3\
developed by the University of Michigan Transportation Research
Institute (UMTRI) as a representation of the 50th percentile adult
male. The FAD1, which weighs 55.8 kg (123 lb), replicates the torso and
lap portions of what UMTRI calls the ``Golden Shell'' and reproduces
the seat belt angles produced when a seat belt is fastened around a
50th percentile adult male. We believe that the FAD1 and FAD2 provide a
consistent test configuration and load path to the seat belt assembly
anchorages. A detailed description of the FAD can be found in a
technical report prepared for the agency (``Final Report: Development
of a Combination Upper Torso and Pelvic Body Block for FMVSS 210 Test,
Revision A,'' May 22, 2003, KARCO Engineering, LLC), a copy of which
has been placed in the docket for this NPRM.
---------------------------------------------------------------------------
\3\ Robbins, D. 1985. ``Anthropometric Specifications for Mid-
Size Male Dummy,'' Volume 2, UMTRI, DOT HS 806 716.
---------------------------------------------------------------------------
NHTSA developed the specifications for the FAD2, the smaller
version of the force application device, to use at designated seating
positions (DSPs) that are too narrow in width to accommodate the FAD1,
such as some rear center seats in passenger cars and MPVs. In addition
to enabling the testing of the seat belt assembly anchorages of
smaller-width DSPs, the FAD2 also would ensure that the test simulates
parameters (e.g., belt angle and placement) that are consistent with a
smaller person sitting in the seat.
The table below summarizes the dimensions of the FAD1 and the FAD2,
and, for comparison purposes, the dimensions of the Hybrid III (HIII)
test dummies representing the 50th percentile adult male, 10-year-old
child, and the 5th percentile adult female.
----------------------------------------------------------------------------------------------------------------
HIII 5th
FAD1 HIII 50th Male FAD2 HIII 10-year- percentile
old child female
----------------------------------------------------------------------------------------------------------------
Weight (lb/kg)*................. 123.00/55.79 171.30/77.70 47.50/27.55 77.60/35.20 108/48.99
Shoulder Pivot Height (in/ 18.50/470 20.2/513 12.38/314 15.55/395 17.5/445
millimeters (mm))..............
Shoulder Breadth (in/mm)........ 17.73/450 16.90/429 11.97/304 12.40/315 14.1/358
Hip Breadth (in/mm)............. 13.97/355 14.3/363 9.43/240 10.40/264 12.1/307
----------------------------------------------------------------------------------------------------------------
* There is a weight difference in part because the FADs do not have arms, legs, or a head.
As to when the agency would use the FAD1 versus the FAD2 to test
the seat belt anchorages, NHTSA proposes the following. The agency
would, in the first instance, attempt to fit the FAD1 in the DSP to
test the seat belt assembly anchorages, using the procedure described
in the next section below. For tests conducted in accordance with
S4.2.4 of FMVSS No. 210 (simultaneous testing of adjacent DSP
anchorages),\4\ if after the FAD1 devices are installed, but prior to
conducting the test, there is contact between the FAD1s (or if there is
contact between the FAD1s that prevent them from fitting side-by-side),
an inboard FAD1 would be replaced with a FAD2. If there is still
contact between the FADs, and if there is another inboard DSP, an
additional inboard FAD1 would be replaced with a FAD2, and so on. If
the contact continues with all inboard DSPs with FAD2s, the FAD1 in the
non-driver side outboard DSP would be replaced with a FAD2. If there is
still contact between the FADs, the FAD1 in the driver side outboard
DSP would be replaced with a FAD2.
---------------------------------------------------------------------------
\4\ Briefly stated, S4.2.4 specifies that anchorages, attachment
hardware, and attachment bolts shall be tested by simultaneously
loading them if: (a) The DSPs are common to the same occupant seat
and face the same direction, or (b) the DSPs are not common to the
same occupant seat, but a DSP has an anchorage that is within 305 mm
of an anchorage for one of the adjacent DSPs, provided that the
adjacent seats face in the same direction.
---------------------------------------------------------------------------
Comments are requested on this procedure.
b. Positioning the FAD
The regulatory text of FMVSS No. 210 would specify how the FADs
would be positioned on a vehicle seat at the outset of the strength
test.\5\ Generally, the seat back would be at the manufacturer's design
seat back angle, and the seat in its rearmost and lowest position. The
FAD would be placed so that its midsagittal plane is vertical and
aligned with the longitudinal centerline of the seat back. Prior to the
application of forces described in S5 of FMVSS No. 210, the FAD is set
up such that the pelvis portion of the FAD rests on the seat and makes
contact with the seat back. Holding the pelvis portion in place, the
technician positions the torso portion of the FAD in contact with the
seat back. The technician would place the lap belt over the lap portion
of the pelvis, and if applicable, the shoulder belt across the FAD's
torso portion. Once the FAD is in place, the technician would remove
enough slack such that the seat belt is snug \6\ against the FAD, and
would ensure that the seat belt is locked in this position. The
technician would then attach the device used to
[[Page 19157]]
apply the requisite load(s), and apply the load(s) in the manner
described in S5 of the standard. (The May 22, 2003 docketed test report
illustrates a typical pull test set-up.)
---------------------------------------------------------------------------
\5\ In the 1990s, NHTSA did not prevail in an enforcement action
brought against a manufacturer for an apparent noncompliance with
FMVSS No. 210. In the test, NHTSA positioned the pelvic body block
away from the rear seat back, believing that positioning the body
block in this manner was within the test parameters of the standard.
The manufacturer argued that its vehicle met FMVSS No. 210 when
tested with the body block placed against the seat back, and that
NHTSA's placement of the pelvic body block forward of the seat back
was not required by FMVSS No. 210. Ultimately, the U.S. Court of
Appeals for the District of Columbia Circuit determined that NHTSA
failed to provide adequate notice about the correct placement of the
pelvic body block, i.e., that it could be placed forward of the seat
back. United States v. Chrysler Corporation. 158 F.3rd 1350 (DC Cir.
1998).
\6\ ``Snug'' refers to when enough slack is removed from the
seat belt(s) such that a 31.75 mm (1\1/4\ inch) diameter wooden rod
will not pass between the FAD and the belt with a maximum force of
2.22 N (0.5 lb-force) exerted tangent to the FAD shoulder or lap
belt interface.
---------------------------------------------------------------------------
NHTSA has tentatively concluded that the regulatory text proposed
today provides a clear explanation of how the agency will position the
FADs in FMVSS No. 210 compliance tests and that following that text
will result in consistent positioning of the FADs. NHTSA requests
comments on whether and how the proposed text could be improved to
provide clearer information on how the FADs would be positioned and how
the FMVSS No. 210 test would be conducted.
c. Drawing Package
The FAD1 and the FAD2 each consist of component assemblies
specified in approximately 32 drawings that we have docketed. We
believe that the drawing package is sufficiently detailed to allow
manufacturers to fabricate the FAD1 and FAD2. During development of
this NPRM, we compared a FAD1 and FAD2 manufactured by Denton ATD using
the drawing package to a FAD1 and a FAD2 that pre-existed the drawing
package. NHTSA's Vehicle Research and Test Center dimensionally
inspected the FADs manufactured according to the drawings and the
preexisting FADs.\7\ Based upon this inspection, the agency determined
that the devices were sufficiently equivalent. From this evaluation, we
tentatively conclude that the drawing package is sufficient to allow
consistent fabrication of the FAD1 and FAD2.
---------------------------------------------------------------------------
\7\ A document describing the inspection criteria used to make
this determination has been placed in the docket for this NPRM.
---------------------------------------------------------------------------
III. Data From Use of the FADs
a. Consistent Positioning of the FADs on a Vehicle Seat
Test data indicate that the FADs can be positioned on a vehicle
seat in a repeatable manner. In an assessment of the FADs during
development of the devices, different test technicians positioned the
FAD1 and FAD2 three times in the following nine vehicles: The model
year (MY) 2002 Buick LeSabre, MY 2002 Toyota MR-2, MY 1995 Plymouth
Neon, MY 1995 Toyota Previa, MY 2000 Chevrolet S-10, MY 2002 Chevrolet
TrailBlazer, MY 2003 Volkswagen Jetta, MY 1996 Ford F-350 (U-Haul), and
MY 1992 Dodge Ram 350. The technicians were provided a written copy of
the seating procedure and no additional instructions. Once each
technician had seated a FAD in a test vehicle, a Faro Arm \8\ was used
to record the precise location of three predetermined points on the FAD
relative to a fixed point on the test vehicle.
---------------------------------------------------------------------------
\8\ A Faro Arm is a multiple axis articulated measuring arm with
six degrees of freedom.
---------------------------------------------------------------------------
The results from each technician were compared. On average, the
technicians were able to place a FAD in a specific test vehicle so that
the predetermined measuring points were within 6.35 mm (\1/4\ inch) of
the same point, on the same FAD, in the same test vehicle, placed by
the other technicians. (See ``Final Report: Development of a
Combination Upper Torso and Pelvic Body Block for FMVSS 210 Test,
Revision A,'' supra.) We tentatively conclude that a 6.35 mm (\1/4\
inch) variability in seating the FAD is acceptable. In comparison,
FMVSS No. 208, ``Occupant crash protection,'' at S10.4.2.1, specifies a
12.7 mm (\1/2\ inch) tolerance for the H-point.\9\ A 6.35 mm (\1/4\
inch) variability in seating the FAD is well within the same range of
tolerance as specified in FMVSS No. 208 for positioning the H-point.
This is even more compelling considering the technicians performing the
FAD test were unaccustomed to the seating procedure, and that the
results were based on the comparison of three points of the FAD
surface, not just one.
---------------------------------------------------------------------------
\9\ H-point means the mechanically hinged hip point of a manikin
which simulates the actual pivot center of the human torso and
thigh.
---------------------------------------------------------------------------
b. Repeatability of Force Measurement
Test data indicates that in tests with the FADs, comparable forces
would be measured, within specified tolerances, from tests of a given
seat belt anchorage during repeated trials on the same vehicle body
design. Our assessment is based on results of four tests conducted to
assess the repeatability of the FAD1 test device. The test
configuration was set up in a generic configuration to minimize
variability. Anchorage load cells were mounted to a rigid test rig, the
vehicle seat was replaced with a rigid seat, and the seat belt webbing
was replaced with high strength webbing.
In each test, the FAD1 was positioned, belted, and pulled per the
proposed FMVSS No. 210 test procedure. A statistical analysis was
performed on both the peak force values as well as time-based metrics.
The coefficient of variance (CV) was used to assess the variability of
the peak values for each data channel in order to determine the
repeatability of the test results and to rate the channels based on an
established CV acceptance criteria. The analysis of these tests can be
found in a NHTSA Technical Report, ``Repeatability Analysis of the
Force Applied to Safety Belt Anchors Using the Force Application Device
(May 2009),'' a copy of which is in the docket for this NPRM.
The results indicated that all data channels, except two, were
rated ``excellent.'' Of the two, one data channel was rated ``good''
and another was rated ``acceptable.'' To model statistically the output
of the entire system over different tests conducted at different points
in time, a general linear model (GLM) and a mixed model were used. The
GLM produced a time-based p-value of 0.98, which means that there was
no statistically significant difference over tests 1 through 4 for the
four repeated measures while considering all the data channels.
Similarly, there was no statistically significant interaction between
the test number and the data channels. This is shown with a p-value of
0.95. These results showed that the repeated force plots of the various
channels had similar trends. The mixed model results were similar to
the GLM and similarly showed that the four tests were repeatable and
consistent over time.
Overall, the test procedure using the FAD1 was demonstrated to be
repeatable, with fourteen force channels meeting the ``excellent''
criteria, one channel meeting the ``good'' criteria and one channel
meeting the ``acceptable'' criteria. The one ``acceptable'' data
channel (retractor Y-axis) had a large measurement error relative to
the other channels as seen by the ``acceptable'' coefficient of
variation. However, the scale of the mean value, around 889.64 N (200
pounds), is relatively small compared to the 13,345 N (3,000 pound)
belt load, thus the greater measurement error has a minor effect on the
overall test results. Both the GLM and the mixed model method showed
that there are no statistically significant correlations between the
test number and the data channel and that the repeated force values of
various channels share similar trends.
The agency has no reason to believe that similar results would not
be achieved with the FAD2.
c. Vehicle Tests
1. FADs Do Not Appear To Affect the Stringency of the Test
We believe that using the FADs would not affect a vehicle's
performance under FMVSS No. 210. That is, use of the FADs would not
affect the stringency of the strength test, and would not affect the
likelihood of a vehicle's meeting or not meeting the standard's
strength requirements.
[[Page 19158]]
NHTSA tested nine vehicles with the FAD1, FAD2, and current FMVSS
No. 210 body blocks in adjacent seating positions installed in the
vehicles shown in Table 2 below. The FAD1 was in the left seat, the
FAD2 was in the center seat, and the current upper torso and pelvic
body blocks were on the right seat. (Each of the nine indicant Test
Reports are in the docket for this NPRM.) Vehicles that met FMVSS No.
210's strength requirements using the current body blocks also met
those strength requirements using the FADs.
Table 2--Nine Indicant Tests
------------------------------------------------------------------------
FMVSS No. 210 test results
-------------------------------------
Vehicle year, make, and model w/Current body
blocks w/FAD1 and FAD2
------------------------------------------------------------------------
2005 VW Passat.................... Pass............. Pass.
2005 Acura RL..................... Pass............. Pass.
2005 Toyota Avalon................ Pass............. Pass.
2005 Buick Lacrosse............... Pass............. Pass.
2005 Chrysler 300................. Pass............. Pass.
2005 Chevy Express 11 Passenger Pass............. Pass.
Van.
2005 Chrysler Town and Country Pass............. Pass.
Mini Van with Stow N' Go seating.
2005 Ford F-150 Super Crew Cab Pass............. Pass.
Pick-up Truck.
2005 Chevy Aveo................... Pass............. Pass.
------------------------------------------------------------------------
2. FADs Appear To Offer Advantages
During the vehicle test program, it appeared that there are several
advantages to testing with the FADs as compared to testing with the
current body blocks, in addition to the factor, discussed above, that
the FADs are more representative of a human form than the upper torso
and pelvic body blocks.
As noted in the docketed test reports, an advantage to the FAD
geometry is that it does not put an unrealistic bending force on the
belt buckle, unlike the pelvic body block. Also, the FADs lack the
sharp edges of the pelvic body block, which reduces the likelihood of
seat belt buckle breakage during testing. (See docketed test reports.)
Buckle breakage occurs sometimes with the pelvic body block, which
results in replacing the seat belt with steel cable, as allowed by the
standard.\10\
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\10\ S5 of the standard specifies that, when testing the
anchorage, the anchorage is connected to material whose breaking
strength is equal to or greater than the breaking strength of the
webbing for the seat assembly installed as original equipment at
that seating position.
---------------------------------------------------------------------------
We have also noted that, due to the range of motion associated with
the current body blocks (which can move independently of each other),
there can be excessive spooling out of seat belt webbing during an
FMVSS No. 210 test, to the point where the hydraulic rams can reach
their full stroke during a test before a requisite force level is
reached. When the hydraulic rams reach their full stroke before the
test is completed, the test must be stopped so the rams can be re-
hooked for the test to continue. The proposed FADs provide a more
realistic range of motion because they are shaped like a human, with
the upper torso portion hinged to the pelvic portion. The two parts
cannot move as independently of each other as can the current FMVSS No.
210 body blocks. The FADs do not result in as much seat belt spool-out
as seen with the current body blocks and thereby eliminate the problem
of bottoming-out the hydraulic cylinders during the test.
Another noteworthy advantage of the proposed FADs over the current
FMVSS No. 210 body blocks is that the FADs necessitate significantly
less effort and time to install in a test vehicle. A FAD can be
installed in a vehicle seat in less than 5 minutes, while the current
body blocks typically necessitate over 10 minutes.\11\ This estimated
reduction in time results from the ease-of-use of the FADs; they
required only one attempt for installation in our tests. In contrast,
for the current body blocks, typically numerous attempts at positioning
are necessary because the upper torso block often falls out of position
during set-up and needs to be re-installed. A test of a common seat
with three designated seating positions can be as much as 20 minutes
shorter when using the FADs versus when using the current body blocks,
which can be associated with decreased labor costs, and ultimately, a
decrease in the total cost of the test. Furthermore, the current body
blocks need two technicians for installation, while the FADs can be
installed by one technician.\12\
---------------------------------------------------------------------------
\11\ See Karco Engineering, LLC ``Final Report: Development of a
Combination Upper Torso and Pelvic Body Block for FMVSS 210 Test,
Revision A,'' supra, at page 28.
\12\ Assuming the use of one technician at a pay rate of $75 per
hour and a savings of 5 minutes per seat installation, we estimate
that using the FADs to test a vehicle may result in a total labor
cost savings of $93.75 (or $18.75 per seating position), as compared
to tests of the vehicle using the current body blocks.
---------------------------------------------------------------------------
For the reasons provided above, we propose to amend FMVSS No. 210
to incorporate the FAD1 and FAD2 into the standard in place of the
upper torso and pelvic body blocks.
IV. Lead Time
The proposed effective date (the date that the text of FMVSS No.
210 would be revised in the Code of Federal Regulations) is 180 days
after date of publication of the final rule.
The proposed compliance date for testing with the FADs would be
three years from the date of publication of the final rule. The agency
would use the FADs to test vehicles manufactured on or after the first
September 1st that is three years from the date of publication of the
final rule. We have tentatively determined that three years is
sufficient time for manufacturers to procure the FADs and test their
vehicles' seat belt anchorages with the FADs. Optional early compliance
would be permitted.
Comment is sought on the proposed lead time.
V. Miscellaneous Issues
a. Metric Units
There are English and metric units used in FMVSS No. 210. At
present, force measurements in the introductory sentence of S4.2.1 and
in the introductory sentence of S4.2.2 are in pounds (5,000 pounds in
S4.2.1 and 3,000 pounds in S4.2.2). The preferred method of measurement
in the FMVSSs is the metric system. To reflect the preference for the
metric system and to promote consistency throughout FMVSS
[[Page 19159]]
No. 210, these measurements specified in pounds are proposed to be
specified in Newtons (N). Therefore, for S4.2.1, we propose to specify
the force as ``22,241 N (5,000 pounds)'' and for S4.2.2, we propose to
specify the force as ``13,345 N (3,000 pounds).''
b. Note--Testing Motorcoach Seat Belt Anchorages
In 2010, NHTSA published an NPRM that, among other matters,
proposed to require passenger seat belts on motorcoaches (75 FR 50958;
August 18, 2010; Docket NHTSA-2010-0112). Today's NPRM would amend
FMVSS No. 210 as applied to all vehicles subject to the standard,
including motorcoaches. If the proposal is adopted, the FAD1 and FAD2
would be used instead of the current upper torso and pelvic body blocks
to test seat belt anchorages on motorcoaches manufactured on or after
the compliance date of the standard.
c. Note--Figure 3 in FMVSS No. 210
For clarification purposes, we would like to point out that, even
if we adopt the FADs in a final rule, there would still be a need for
the upper torso block shown in Figure 3 of FMVSS No. 210. The upper
torso body block depicted in Figure 3 is currently referenced in S5.1.6
of FMVSS No. 222 for use in testing school bus seats to that standard's
quasi-static test requirements. The quasi-static test requirements help
ensure that seat backs incorporating lap/shoulder belts are strong
enough to withstand the forward pull of the torso belts in a crash and
the forces imposed on the seat from unbelted passengers to the rear of
the belted occupants. NHTSA would continue to use the (Figure 3) torso
body block in FMVSS No. 222's quasi-static test. (If the FADs are
adopted, the school bus seat belt anchorages would be tested under
FMVSS No. 210 with the FADs.)
d. Note--Side-Facing Seats Correction
The regulatory text in this NPRM sets forth S4.2 without the clause
``except for side-facing seats,'' which appears several times in
current S4.2. These clauses were made obsolete by an October 8, 2008
final rule \13\ which announced our decision to eliminate the exclusion
of side-facing seats (and thus apply S4.2's strength requirements to
side-facing seats) but which failed to amend S4.2 to reflect this
change. A correcting amendment removing the clauses from S4.2 will be
issued by the agency. In the meantime, today's document shows S4.2 in
corrected form.
---------------------------------------------------------------------------
\13\ 73 FR 58887, 58888; definition of ``designated seating
position.''
---------------------------------------------------------------------------
VI. Rulemaking Analyses and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563, and DOT Regulatory Policies and Procedures
The agency has considered the impact of this rulemaking action
under E.O. 12866, E.O. 13563, and the Department of Transportation's
regulatory policies and procedures. This rulemaking was not reviewed by
the Office of Management and Budget under E.O. 12866, ``Regulatory
Planning and Review.'' The rulemaking action has also been determined
to be not significant under the Department's regulatory policies and
procedures.
We estimate the cost of each FAD, both the FAD1 and FAD2, to be
approximately $8,000 each. Assuming a vehicle manufacturer or testing
facility purchases a set of two FAD1s and three FAD2s, the principal
cost associated with this NPRM is the one-time \14\ purchase cost of
the set, totaling $40,000. As discussed above, the FADs require
significantly less effort, time and personnel to install in the test
vehicle. Thus, we believe there would be associated cost savings which
could off-set the purchase cost of the FADs.
---------------------------------------------------------------------------
\14\ Given that the materials that compose the new FADs are
polyurethane castings with aluminum structural components and the
peripheral attachments are aluminum and steel, we do not expect them
to experience any appreciable wear as a result of the FMVSS No. 210
testing and, therefore, we believe that the FADs will have a long
service life.
---------------------------------------------------------------------------
The FAD2 is smaller than the FAD1 and would enable NHTSA to test
belt anchorages at DSPs that do not fit the latter device. However,
additional safety benefits accruing beyond those already attributable
to FMVSS No. 210 cannot be quantified.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, as amended, requires
agencies to evaluate the potential effects of their proposed and final
rules on small businesses, small organizations and small governmental
jurisdictions. I hereby certify that this proposed rule, if made final,
would not have a significant economic impact on a substantial number of
small entities. Small organizations and small governmental units would
not be significantly affected since the potential cost impacts
associated with this action would not significantly affect the price of
new motor vehicles.
The Small Business Administration's (SBA's) size standard
regulation at 13 CFR part 121, ``Small business size regulations,''
prescribes small business size standards by North American Industry
Classification System (NAICS) codes. NAICS code 336111, Automobile
Manufacturing prescribes a small business size standard of 1,000 or
fewer employees. NAICS code 336399, All Other Motor Vehicle Parts
Manufacturing, prescribes a small business size standard of 750 or
fewer employees.
The majority of motor vehicle manufacturers would not qualify as a
small business. There are a number of vehicle manufacturers that are
small businesses. We anticipate that these small businesses will not
directly incur the costs of purchasing the FADs to be used in FMVSS No.
210. However, if these small businesses perform their own FMVSS No. 210
testing or purchase testing services for FMVSS No. 210 compliance, they
will benefit from the easier-to-use FADs and the lower labor costs
based on the ease of using the FADs, compared to the existing pelvic
body blocks. For these reasons, if this proposed rule is made final,
NHTSA does not anticipate a significant economic impact on a
substantial number of small businesses.
C. Executive Order 13132 (Federalism)
NHTSA has examined today's proposed rule pursuant to Executive
Order 13132 (64 FR 43255, August 10, 1999) and concluded that no
additional consultation with States, local governments or their
representatives is mandated beyond the rulemaking process. The agency
has concluded that the rulemaking would not have sufficient federalism
implications to warrant consultation with State and local officials or
the preparation of a federalism summary impact statement. The proposed
rule would not have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
NHTSA rules can preempt in two ways. First, the National Traffic
and Motor Vehicle Safety Act contains an express preemption provision:
When a motor vehicle safety standard is in effect under this chapter, a
State or a political subdivision of a State may prescribe or continue
in effect a standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard is
identical to the standard prescribed under this chapter. 49 U.S.C.
Sec. 30103(b)(1). It is this statutory command by Congress that
preempts
[[Page 19160]]
any non-identical State legislative and administrative law addressing
the same aspect of performance.
The express preemption provision described above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' 49 U.S.C. 30103(e) Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved. However, the Supreme
Court has recognized the possibility, in some instances, of implied
preemption of such State common law tort causes of action by virtue of
NHTSA's rules, even if not expressly preempted. This second way that
NHTSA rules can preempt is dependent upon there being an actual
conflict between an FMVSS and the higher standard that would
effectively be imposed on motor vehicle manufacturers if someone
obtained a State common law tort judgment against the manufacturer,
notwithstanding the manufacturer's compliance with the NHTSA standard.
Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers will generally not be
preempted. However, if and when such a conflict does exist--for
example, when the standard at issue is both a minimum and a maximum
standard--the State common law tort cause of action is impliedly
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
Pursuant to Executive Order 13132 and 12988, NHTSA has considered
whether this proposed rule could or should preempt State common law
causes of action. The agency's ability to announce its conclusion
regarding the preemptive effect of one of its rules reduces the
likelihood that preemption will be an issue in any subsequent tort
litigation.
To this end, the agency has examined the nature (e.g., the language
and structure of the regulatory text) and objectives of today's
proposed rule and finds that this proposed rule, like many NHTSA rules,
would prescribe only a minimum safety standard. As such, NHTSA does not
intend that this proposed rule would preempt state tort law that would
effectively impose a higher standard on motor vehicle manufacturers
than that established by today's proposed rule. Establishment of a
higher standard by means of State tort law would not conflict with the
minimum standard proposed here. Without any conflict, there could not
be any implied preemption of a State common law tort cause of action.
D. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (UMRA) requires Federal
agencies to prepare a written assessment of the costs, benefits and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually (adjusted annually for inflation, with base year
of 1995). UMRA also requires an agency issuing a final rule subject to
the Act to select the ``least costly, most cost-effective or least
burdensome alternative that achieves the objectives of the rule.'' If
made final, this proposed rule would not result in a Federal mandate
that would likely result in the expenditure by State, local or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually (adjusted annually for inflation, with base year
of 1995).
E. National Environmental Policy Act
NHTSA has analyzed this proposed rule for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.
F. Executive Order 12778 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729, February 7, 1996) requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. This document is consistent with that requirement.
Pursuant to this Order, NHTSA notes as follows. The preemptive
effect of this proposed rule is discussed above. NHTSA notes further
that there is no requirement that individuals submit a petition for
reconsideration or pursue other administrative proceeding before they
may file suit in court.
G. Paperwork Reduction Act (PRA)
Under the PRA of 1995, a person is not required to respond to a
collection of information by a Federal agency unless the collection
displays a valid OMB control number. In this notice of proposed
rulemaking, we are not proposing any ``collections of information'' (as
defined at 5 CFR 1320.3(c)).
H. National Technology Transfer and Advancement Act
Under the National Technology Transfer and Advancement Act of 1995
(NTTAA)(Public Law 104-113), all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies, such as the International Organization for
Standardization (ISO) and the Society of Automotive Engineers (SAE).
The NTTAA directs us to provide Congress, through OMB, explanations
when we decide not to use available and applicable voluntary consensus
standards.
The agency identified an ISO standard (TR 1417-1974) and an SAE
standard (J384, Rev. JUN94) that have testing recommendations for seat
belt anchorages. Both standards recommend the use of body blocks,
similar to those currently specified in FMVSS No. 210, for applying the
required test loads. As noted in the preamble, there are advantages to
the proposed FADs over the current FMVSS No. 210 body blocks, including
that the FADs require significantly less effort and time to install in
a test vehicle. Accordingly, we have decided to propose using the FADs
in FMVSS No. 210, rather than the body blocks used in the ISO and SAE
standards.
Consistent with the Act's goal of eliminating the agency's cost of
developing its own standards, NHTSA has based the external dimensions
of the FAD1 on the ``Golden Shell'' digital data developed by UMTRI as
a representation of the 50th percentile male. By so doing, the agency
is saving resources by making use of pertinent
[[Page 19161]]
technical information that is already available.
I. Plain Language
Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that
isn't clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
If you have any responses to these questions, please write to us
with your views.
VII. 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. (49 CFR 553.21).
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 two copies of your comments, including the
attachments, to the Docket at the address given above under ADDRESSES.
Comments may also be submitted to the docket electronically by
logging into https://www.regulations.gov. Follow the online instructions
for submitting comments.
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.
How can I be sure that my comments were received?
If you 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. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. 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. (49 CFR part 512.)
Will the agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment 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 comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location. You may also see the comments on
the Internet. To read the comments on the Internet, go to https://www.regulations.gov. Follow the online instructions for accessing the
dockets.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, and Tires.
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as set forth below.
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 571.5 by adding paragraph (j)(5) to read as follows:
Sec. 571.5 Matter incorporated by reference.
* * * * *
(j) * * *
(5) ``Drawing Package for the Force Application Device (FAD) FAD1
and FAD2,'' June 6, 2006, into Sec. 571.210.
* * * * *
3. Section 571.210 is amended by: adding to S3, in alphabetical
order, the definitions of ``actuator,'' ``bridged pull yoke,''
``FAD1,'' ``FAD2,'' ``longitudinal centerline,'' and ``seat
centerline''; by revising S4.2.1 and S4.2.2; by adding S5.3, S5.4 and
S7, and by adding Figures 5 and 6, to read as follows:
Sec. 571.210 Standard No. 210, Seat belt assembly anchorages.
* * * * *
S3. Definitions.
Actuator means the device used to apply the load in performing
testing according to the procedures described in S5 and S7 of this
standard.
Bridged pull yoke means the yoke that bridges the torso and pelvis
on the FAD1 or FAD2.
FAD1 means a force application device specified in drawings NHTSA-
210-12J-A, ``Drawing Package for the Force Application Device (FAD)
FAD1 and FAD2,'' June 6, 2006 (incorporated by reference; see Sec.
571.5). (FAD1 is depicted in Figure 5 (figure provided for illustration
purposes).)
FAD2 means a force application device that is smaller than FAD1,
specified in drawings NHTSA-210-12J-B, ``Drawing Package for the Force
Application Device (FAD) FAD1 and FAD2,'' June 6, 2006 (incorporated by
reference; see Sec. 571.5). (FAD2 is depicted in Figure 6 (figure
provided for illustration purposes).)
Longitudinal centerline of a forward and rear-facing seat refers to
the line formed by the intersection of the seating surface and the
vertical plane that
[[Page 19162]]
passes through the ``seating reference point'' (as defined at 49 CFR
571.3) and is parallel to the longitudinal centerline of the vehicle.
For a side-facing seat, longitudinal centerline refers to the
intersection of the seating surface and the vertical plane that passes
through the seating reference point and is parallel to the transverse
centerline of the vehicle.
* * * * *
Seat centerline refers to the line formed by the intersection of
the seating surface and the vertical plane that passes through the
``seating reference point'' (as defined at 49 CFR 571.3) and is
parallel to the direction that the seat faces.
* * * * *
S4.2 Strength.
S4.2.1(a) For vehicles manufactured before [date inserted would be
the first September 1st that is three years from the date of
publication of a final rule], except as provided in S4.2.5, the
anchorages, attachment hardware, and attachment bolts for any of the
following seat belt assemblies shall withstand a 22,241 N (5,000 pound)
force when tested in accordance with S5.1 of this standard:
(1) Type 1 seat belt assembly; and
(2) Lap belt portion of either a Type 2 or automatic seat belt
assembly, if such seat belt assembly is equipped with a detachable
upper torso belt.
(b) For vehicles manufactured on or after [date inserted would be
the first September 1st that is three years from the date of
publication of a final rule], except as provided in S4.2.5, the
anchorages, attachment hardware, and attachment bolts for any of the
following seat belts assemblies shall withstand a 22,241 N (5,000
pound) force when tested in accordance with S5.3 of this standard:
(1) Type 1 seat belt assembly; and
(2) Lap belt portion of either a Type 2 or automatic seat belt
assembly, if such seat belt assembly is equipped with a detachable
upper torso belt.
S4.2.2(a) For vehicles manufactured before [date inserted would be
the first September 1st that is three years from the date of
publication of a final rule], except as provided in S4.2.5, the
anchorages, attachment hardware, and attachment bolts for any of the
following seat belt assemblies shall withstand a 13,345 N (3,000 pound)
force applied to the lap belt portion of the seat belt assembly
simultaneously with a 13,345 N (3,000 pound) force applied to the
shoulder belt portion of the seat belt assembly, when tested in
accordance with S5.2 of this standard:
(1) Type 2 and automatic seat belt assemblies that are installed to
comply with Standard No. 208 (49 CFR 571.208); and
(2) Type 2 and automatic seat belt assemblies that are installed at
a seating position required to have a Type 1 or Type 2 seat belt
assembly by Standard No. 208 (49 CFR 571.208).
(b) For vehicles manufactured on or after [date inserted would be
the first September 1st that is three years from the date of
publication of a final rule], except as provided in S4.2.5, the
anchorages, attachment hardware, and attachment bolts for any of the
following seat belt assemblies shall withstand a 13,345 N (3,000 pound)
force applied to the lap belt portion of the seat belt assembly
simultaneously with a 13,345 N (3,000 pound) force applied to the
shoulder belt portion of the seat belt assembly, when tested in
accordance with S5.4 of this standard:
(1) Type 2 and automatic seat belt assemblies that are installed to
comply with Standard No. 208 (49 CFR 571.208); and
(2) Type 2 and automatic seat belt assemblies that are installed at
a seating position required to have a Type 1 or Type 2 seat belt
assembly by Standard No. 208 (49 CFR 571.208).
* * * * *
S5.3 Testing seating positions with Type 1 seat belt assemblies.
(a) Position a FAD1 as specified in S7. When testing in accordance
with S4.2.4, if after the FAD1 devices are installed, but prior to
conducting the test, there is contact between the FAD1s, or if FAD1s
cannot be positioned side-by-side due to contact, replace an inboard
FAD1 with a FAD2. If contact remains and another inboard designated
seating position exists, replace an additional inboard FAD1 with a
FAD2. If contact remains and no other inboard designated seating
position exists, replace the non-driver side outboard FAD1 with a FAD2.
If there is still contact, replace the driver side outboard FAD1 with a
FAD2.
(b) After positioning the FAD1 or FAD2, as appropriate, in
accordance with S7, apply a force of 22,241 N to the bridged pull yoke
on the FAD1 or to the bridged pull yoke on the FAD2, in the direction
in which the seat faces, in a vertical plane that passes through the
``seating reference point'' (as defined in 49 CFR 571.3) and that is
parallel to the longitudinal centerline of the vehicle for forward- and
rear-facing seats, or that is perpendicular to the longitudinal
centerline of the vehicle for side-facing seats, with an initial force
application angle of 10 +/- 5 degrees above the horizontal plane and +/
- 5 degrees from the vertical plane. Apply the force at the onset rate
of not more than 222,411 N per second. Attain the 22,241 N force within
30 seconds and maintain it for 10 seconds.
S5.4 Testing seats with Type 2 or Type 2A seat belt assemblies.
(a) Position a FAD1 as specified in S7. When testing in accordance
with S4.2.4, if after the FAD1 devices are installed, but prior to
conducting the test, there is contact between the FAD1s, or if FAD1s
cannot be positioned side-by-side due to contact, replace an inboard
FAD1 with a FAD2. If contact remains and another inboard designated
seating position exists, replace an additional inboard FAD1 with a
FAD2. If contact remains and no other inboard designated seating
position exists, replace the non-driver side outboard FAD1 with a FAD2.
If there is still contact, replace the driver side outboard FAD1 with a
FAD2.
(b) After positioning the FAD1 or FAD2, as appropriate, in
accordance with S7, apply forces of 13,345 N simultaneously to the yoke
attached to the torso of the FAD1 or FAD2 and to the eyelet attached to
the pelvis of the FAD1 or FAD2, in the direction in which the seat
faces, in a vertical plane that passes through the ``seating reference
point'' (as defined in 49 CFR 571.3), and that is parallel to the
longitudinal centerline of the vehicle for forward- and rear-facing
seats, or that is perpendicular to the longitudinal centerline of the
vehicle for side-facing seats, with an initial force application angle
of 10+/- 5 degrees above the horizontal plane and +/- 5 degrees from
the vertical plane. Apply the forces at the onset rate of not more than
133,447 N per second. Attain the 13,345 N force within 30 seconds of
the initial application of force and maintain it for 10 seconds.
* * * * *
S7. Force Application Device (FAD)1 and FAD2 Positioning Procedure.
(a) If adjustable, place the seat in its rearmost position and, if
separately adjustable in the vertical direction, at its lowest
position.
(b) If adjustable, place the seat back at the manufacturer's design
seat back angle, as measured by SAE J826 (July 1995) (incorporated by
reference, see Sec. 571.5).
(c) Identify and mark the longitudinal centerline for each
designated seating position.
(d) Place the FAD1 or FAD2, as appropriate, on the seat such that
the midsagittal plane of the FAD1 or FAD2 is vertical and within 10 mm of the seat centerline, with the torso in contact with the
seat back.
(e) While maintaining the alignment with the longitudinal
centerline as
[[Page 19163]]
described in S7.(d), move the pelvis portion of the FAD1 or FAD2 toward
the seat back until it contacts the seat back.
(f) If the torso is not in contact with the seat back, rotate it
against the seat back while holding the pelvis in place until the back
of the torso is in contact with the seat back.
(g) Apply a horizontal force of 180 5 N to the yoke
attached to the torso of the FAD1 or FAD2 towards the seat back. While
performing this step, ensure that the pelvis portion of the FAD1 or
FAD2 remains in contact with the seat and seat back.
(h) Buckle and position the seat belt so that the lap belt secures
the pelvis portion of the FAD1 or FAD2 and the shoulder strap secures
the torso portion of the FAD1 or FAD2.
(i) Remove enough slack such that a 31.75 mm (1\1/4\ inch) diameter
wooden rod will not pass between the FAD1 or FAD2 and the lap and
shoulder belt with a maximum force of 2.22 N (0.5 lb-force) exerted
tangent to the FAD1 or FAD2 shoulder or lap belt interface and ensure
that the seat belt is locked in this position.
(j) If testing a Type 2 or Type 2A seat belt assembly, attach one
actuator to the yoke attached to the torso of the FAD1 and one to the
eyelet attached to the pelvis of the FAD1, or to the torso of the FAD2
and one to the eyelet attached to the pelvis of the FAD2. If testing a
Type 1 seat belt assembly, attach the actuator to the bridged pull yoke
of the FAD 1 or to the bridged pull yoke of the FAD2.
* * * * *
[GRAPHIC] [TIFF OMITTED] TP30MR12.001
[[Page 19164]]
[GRAPHIC] [TIFF OMITTED] TP30MR12.002
Dated: Issued on: March 23, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-7623 Filed 3-27-12; 8:45 am]
BILLING CODE 4910-59-P