Federal Motor Vehicle Safety Standards; Side Impact Protection, 70914-70915 [2012-28810]
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70914
Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Rules and Regulations
On September 11, 2007, NHTSA
published a final rule adopting a pole
test into FMVSS No. 214. Later, NHTSA
published responses to petitions for
*
reconsideration of parts of that rule,
including a final rule published August
0.01
24, 2011 (76 FR 52880).1 The August 24,
2011, document had a minor error,
*
which we are correcting today. We are
0.01 also making corrections to typographical
errors in FMVSS No. 214 which
*
occurred previously in the FMVSS No.
214 rulemaking.
Parts per
million
Commodity
*
*
*
*
Egg ...........................................
*
*
*
*
Poultry, meat byproducts ..........
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
[FR Doc. 2012–28472 Filed 11–27–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2010–0032]
RIN 2127–AK82
Federal Motor Vehicle Safety
Standards; Side Impact Protection
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; correcting
amendments.
AGENCY:
On August 24, 2011 we
published a final rule responding to a
petition for reconsideration of a final
rule on the Federal motor vehicle safety
standard for side impact protection. In
today’s document, we correct a minor
error in that rule. The agency is also
correcting several typographical errors
in the standard.
DATES: This rule is effective November
28, 2012.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may call Louis N.
Molino, NHTSA Office of
Crashworthiness Standards, telephone
202–366–1740. For legal issues, you
may call Deirdre Fujita, NHTSA Office
of Chief Counsel, telephone 202–366–
2992. You may send mail to these
officials at the National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE., West Building,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION: This
document makes two corrections to
Federal Motor Vehicle Safety Standard
(FMVSS) No. 214, ‘‘Side impact
protection,’’ 49 CFR 571.214.
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SUMMARY:
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Correcting Amendments
This notice makes minor corrections
to FMVSS No. 214 in two areas. First,
it removes S12.3.4(i) from the regulatory
text of FMVSS No. 214. S12.3.4(i)
contains obsolete instructions for
leveling the head of a test dummy. In
the preamble of the August 2011 final
rule, NHTSA explained that it was
moving head-leveling instructions
contained in S12.3.4(i) to paragraph
(h).2 As a result of that move, S12.3.4(i)
was no longer needed, but NHTSA
inadvertently did not remove S12.3.4(i)
from the regulatory text. To correct that
error, we are removing and reserving
S12.3.4(i), and making a conforming
change to S12.3.4(j).
Second, the agency has identified
minor typographical errors in several
sections of FMVSS No. 214 that
occurred in the past. These errors are
related to the positioning of the 5th
percentile adult female dummy. In three
of the five sections, S12.3.2(c),
S12.3.3(c) and S12.3.4(l), the ‘‘±’’
symbols for the discrete arm position
settings were not set forth correctly, and
in some instances extraneous text was
inadvertently added when the
amendments were printed in the Code
of Federal Regulations. In S12.3.3(a)(4),
the ± symbol was incorrectly
represented by just a plus sign for the
longitudinal centerline tolerance, and in
S12.3.4(c), the metric unit of millimeters
(mm) was used in both the metric
tolerance of the seating reference point
(SgRP) and its English conversion. This
document corrects these errors.
This document also amends the
authority citation for 49 CFR Part 571,
1 See also 73 FR 32473 (June 9, 2008), and 75 FR
12123 (March 15, 2010).
2 Note that a sentence in the preamble of the
August 2011 final rule (76 FR at 52882, col. 2)
stated: ‘‘Yet, as noted above for S12.3.2(a)(10), the
instruction that was in S12.3.3(a)(9) and S12.3.4(h)
(to ‘minimize the angle’) [emphasis added] has not
been deleted but is now integrated into the
procedures of S12.3.3(a)(9) and S12.3.4(h).’’ This
sentence referred to incorrect section numbers and
should have stated ‘‘Yet, as noted above for
S12.3.2(a)(10), the instruction that was in
S12.3.3(a)(10) and S12.3.4(i) [emphasis added] (to
‘minimize the angle’) has not been deleted but is
now integrated * * *.’’
PO 00000
Frm 00030
Fmt 4700
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by changing the citation to the DOT
regulation setting forth delegations
made by the Secretary to Departmental
officials.3
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor
vehicles, Rubber and rubber products,
and Tires.
Accordingly, 49 CFR part 571 is
corrected by making the following
correcting amendments:
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
1. The authority citation for part 571
of title 49 is revised to read as follows:
■
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.95.
2. Section 571.214 is amended by:
a. Revising S12.3.2(c), S12.3.3(a)(4),
S12.3.3(c), S12.3.4(c);
■ b. Removing and reserving S12.3.4(i)
and
■ c. Revising S12.3.4(j) and S12.3.4(l).
The revisions read as follows:
■
■
§ 571.214 Standard No. 214; Side impact
protection.
*
*
*
*
*
S12.3.2 * * *
(c) Driver arm/hand positioning. Place
the dummy’s upper arm such that the
angle between the projection of the arm
centerline on the midsagittal plane of
the dummy and the torso reference line
is 45° ± 5°. The torso reference line is
defined as the thoracic spine centerline.
The shoulder-arm joint allows for
discrete arm positions at 0, ± 45, ± 90,
± 135, and 180 degree settings where
positive is forward of the spine.
*
*
*
*
*
S12.3.3 * * *
(a) * * *
(4) Bench seats. Position the
midsagittal plane of the dummy vertical
and parallel to the vehicle’s longitudinal
centerline and the same distance from
the vehicle’s longitudinal centerline,
within ± 10 mm (± 0.4 in), as the
midsagittal plane of the driver dummy.
*
*
*
*
*
(c) Passenger arm/hand positioning.
Place the dummy’s upper arm such that
the angle between the projection of the
arm centerline on the midsagittal plane
of the dummy and the torso reference
line is 45° ± 5°. The torso reference line
is defined as the thoracic spine
centerline. The shoulder-arm joint
allows for discrete arm positions at 0, ±
3 See 77 FR 49964, August 17, 2012. Final rule
updating Office of the Secretary of Transportation
regulations delegating authority from the Secretary
to Departmental officers.
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Rules and Regulations
45, ± 90, ± 135, and 180 degree settings
where positive is forward of the spine.
*
*
*
*
*
S12.3.4 * * *
(c) Place the dummy on the seat
cushion so that its midsagittal plane is
vertical and coincides with the vertical
longitudinal plane through the center of
the seating position SgRP within ±10
mm (±0.4 in).
*
*
*
*
*
(j) Measure and set the dummy’s
pelvic angle using the pelvic angle
gauge. The angle is set to 20.0 degrees
± 2.5 degrees. If this is not possible,
adjust the pelvic angle as close to 20.0
degrees as possible while keeping the
transverse instrumentation platform of
the head as level as possible, as
specified in S12.3.4(h).
*
*
*
*
*
(l) Passenger arm/hand positioning.
Place the rear dummy’s upper arm such
that the angle between the projection of
the arm centerline on the midsagittal
plane of the dummy and the torso
reference line is 45° ± 5°. The torso
reference line is defined as the thoracic
spine centerline. The shoulder-arm joint
allows for discrete arm positions at 0, ±
45, ± 90, ± 135, and 180 degree settings
where positive is forward of the spine.
*
*
*
*
*
Issued on: November 20, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012–28810 Filed 11–27–12; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 224
[Docket No. 0912161432–2630–04]
RIN 0648–XT37
Endangered and Threatened Wildlife
and Plants; Endangered Status for the
Main Hawaiian Islands Insular False
Killer Whale Distinct Population
Segment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
In response to a petition from
the Natural Resources Defense Council,
we, the NMFS, issue a final
determination to list the Main Hawaiian
Islands insular false killer whale
(Pseudorca crassidens) distinct
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SUMMARY:
VerDate Mar<15>2010
11:33 Nov 27, 2012
Jkt 229001
population segment (DPS) as an
endangered species under the
Endangered Species Act (ESA). We
intend to consider critical habitat for
this DPS in a separate rulemaking. The
effect of this action will be to implement
the protective features of the ESA to
conserve and recover this species.
DATES: This final rule is effective on
December 28, 2012.
ADDRESSES: National Marine Fisheries
Service, Pacific Islands Regional Office,
Protected Resources Division, 1601
Kapiolani Blvd., Suite 1110, Honolulu
HI, 96814.
FOR FURTHER INFORMATION CONTACT:
Krista Graham, NMFS, Pacific Islands
Regional Office, 808–944–2238; Lisa van
Atta, NMFS, Pacific Islands Regional
Office, 808–944–2257; or Dwayne
Meadows, NMFS, Office of Protected
Resources, 301–427–8403. The final
rule, references, and other materials
relating to this determination can be
found on our Web site at https://
www.fpir.noaa.gov/PRD/prd_false
_killer_whale.html.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2009, we received a
petition from the Natural Resources
Defense Council requesting that we list
the insular population of Hawaiian false
killer whales as an endangered species
under the ESA and designate critical
habitat concurrent with listing. The
petition considered the insular
population of Hawaiian false killer
whales and the Hawaii insular stock of
false killer whales recognized in the
2008 Stock Assessment Report (SAR)
(Carretta et al., 2009) (available at
https://www.nmfs.noaa.gov/
pr/pdfs/sars/), which we completed as
required by the Marine Mammal
Protection Act (MMPA) (16 U.S.C. 1361
et seq.), to be synonymous. However, in
light of new information in the draft
2012 SAR (Carretta et al., 2012b) that
identifies a third stock of false killer
whales associated with the
Northwestern Hawaiian Islands
(discussed later), for the purposes of this
listing decision we now refer to the
Hawaiian insular false killer whale as
the Main Hawaiian Islands (MHI)
insular population of false killer whales.
On January 5, 2010, we determined
that the petitioned action presented
substantial scientific and commercial
information indicating that the
petitioned action may be warranted, and
we requested information to assist with
a comprehensive status review of the
species to determine if the MHI insular
false killer whale warranted listing
under the ESA (75 FR 316). A biological
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Fmt 4700
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70915
review team (BRT; Team) was formed to
review the status of the species and the
report (Oleson et al., 2010) (hereafter
‘‘status review report’’) was produced
and used to generate the proposed rule.
Please refer to our Web site (see FOR
FURTHER INFORMATION CONTACT) for
access to the status review report and
the reevaluation of the DPS designation
(discussed later), which details MHI
insular false killer whale biology,
ecology, and habitat, the DPS
determination, past, present, and future
potential risk factors, and overall
extinction risk.
On November 17, 2010, we proposed
to list the MHI insular false killer whale
DPS as an endangered species under the
ESA (75 FR 70169), and solicited
comments from all interested parties
including the public, other
governmental agencies, the scientific
community, industry, and
environmental groups. Specifically, we
requested information regarding: (1)
Habitat within the range of the insular
DPS that was present in the past, but
may have been lost over time; (2)
biological or other relevant data
concerning any threats to the MHI
insular false killer whale DPS; (3) the
range, distribution, and abundance of
the insular DPS; (4) current or planned
activities within the range of the insular
DPS and their possible impact on this
DPS; (5) recent observations or sampling
of the insular DPS; and (6) efforts being
made to protect the MHI insular false
killer whale DPS. The proposed rule
also provides background information
on the biology and ecology of the MHI
insular false killer whale.
Since the publication of the proposed
rule in November 2010, we have
identified a previously unrecognized
Northwestern Hawaiian Islands (NWHI)
population of false killer whales and
have received updated satellite tagging
information and other new research
papers on the MHI insular population.
The new NWHI population has been
identified as a separate stock for
management purposes in the draft 2012
SAR (Carretta et al., 2012b). Because
this new information could be relevant
to the final determination of whether
the MHI insular false killer whale
qualifies as a DPS for listing under the
ESA, on September 18, 2012, we
published a Notice of Availability in the
Federal Register (77 FR 57554)
announcing the availability of this new
information and the reopening of public
comment for a 15-day period pertaining
to the new information. We received
comments from 15 commenters during
this reopened period. Summaries of
these comments are included below
E:\FR\FM\28NOR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Rules and Regulations]
[Pages 70914-70915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28810]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2010-0032]
RIN 2127-AK82
Federal Motor Vehicle Safety Standards; Side Impact Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: On August 24, 2011 we published a final rule responding to a
petition for reconsideration of a final rule on the Federal motor
vehicle safety standard for side impact protection. In today's
document, we correct a minor error in that rule. The agency is also
correcting several typographical errors in the standard.
DATES: This rule is effective November 28, 2012.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call
Louis N. Molino, NHTSA Office of Crashworthiness Standards, telephone
202-366-1740. For legal issues, you may call Deirdre Fujita, NHTSA
Office of Chief Counsel, telephone 202-366-2992. You may send mail to
these officials at the National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE., West Building, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: This document makes two corrections to
Federal Motor Vehicle Safety Standard (FMVSS) No. 214, ``Side impact
protection,'' 49 CFR 571.214.
On September 11, 2007, NHTSA published a final rule adopting a pole
test into FMVSS No. 214. Later, NHTSA published responses to petitions
for reconsideration of parts of that rule, including a final rule
published August 24, 2011 (76 FR 52880).\1\ The August 24, 2011,
document had a minor error, which we are correcting today. We are also
making corrections to typographical errors in FMVSS No. 214 which
occurred previously in the FMVSS No. 214 rulemaking.
---------------------------------------------------------------------------
\1\ See also 73 FR 32473 (June 9, 2008), and 75 FR 12123 (March
15, 2010).
---------------------------------------------------------------------------
Correcting Amendments
This notice makes minor corrections to FMVSS No. 214 in two areas.
First, it removes S12.3.4(i) from the regulatory text of FMVSS No. 214.
S12.3.4(i) contains obsolete instructions for leveling the head of a
test dummy. In the preamble of the August 2011 final rule, NHTSA
explained that it was moving head-leveling instructions contained in
S12.3.4(i) to paragraph (h).\2\ As a result of that move, S12.3.4(i)
was no longer needed, but NHTSA inadvertently did not remove S12.3.4(i)
from the regulatory text. To correct that error, we are removing and
reserving S12.3.4(i), and making a conforming change to S12.3.4(j).
---------------------------------------------------------------------------
\2\ Note that a sentence in the preamble of the August 2011
final rule (76 FR at 52882, col. 2) stated: ``Yet, as noted above
for S12.3.2(a)(10), the instruction that was in S12.3.3(a)(9) and
S12.3.4(h) (to `minimize the angle') [emphasis added] has not been
deleted but is now integrated into the procedures of S12.3.3(a)(9)
and S12.3.4(h).'' This sentence referred to incorrect section
numbers and should have stated ``Yet, as noted above for
S12.3.2(a)(10), the instruction that was in S12.3.3(a)(10) and
S12.3.4(i) [emphasis added] (to `minimize the angle') has not been
deleted but is now integrated * * *.''
---------------------------------------------------------------------------
Second, the agency has identified minor typographical errors in
several sections of FMVSS No. 214 that occurred in the past. These
errors are related to the positioning of the 5th percentile adult
female dummy. In three of the five sections, S12.3.2(c), S12.3.3(c) and
S12.3.4(l), the ``'' symbols for the discrete arm position
settings were not set forth correctly, and in some instances extraneous
text was inadvertently added when the amendments were printed in the
Code of Federal Regulations. In S12.3.3(a)(4), the symbol
was incorrectly represented by just a plus sign for the longitudinal
centerline tolerance, and in S12.3.4(c), the metric unit of millimeters
(mm) was used in both the metric tolerance of the seating reference
point (SgRP) and its English conversion. This document corrects these
errors.
This document also amends the authority citation for 49 CFR Part
571, by changing the citation to the DOT regulation setting forth
delegations made by the Secretary to Departmental officials.\3\
---------------------------------------------------------------------------
\3\ See 77 FR 49964, August 17, 2012. Final rule updating Office
of the Secretary of Transportation regulations delegating authority
from the Secretary to Departmental officers.
---------------------------------------------------------------------------
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, and Tires.
Accordingly, 49 CFR part 571 is corrected by making the following
correcting amendments:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 of title 49 is revised to read
as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.
0
2. Section 571.214 is amended by:
0
a. Revising S12.3.2(c), S12.3.3(a)(4), S12.3.3(c), S12.3.4(c);
0
b. Removing and reserving S12.3.4(i) and
0
c. Revising S12.3.4(j) and S12.3.4(l).
The revisions read as follows:
Sec. 571.214 Standard No. 214; Side impact protection.
* * * * *
S12.3.2 * * *
(c) Driver arm/hand positioning. Place the dummy's upper arm such
that the angle between the projection of the arm centerline on the
midsagittal plane of the dummy and the torso reference line is 45[deg]
5[deg]. The torso reference line is defined as the
thoracic spine centerline. The shoulder-arm joint allows for discrete
arm positions at 0, 45, 90, 135,
and 180 degree settings where positive is forward of the spine.
* * * * *
S12.3.3 * * *
(a) * * *
(4) Bench seats. Position the midsagittal plane of the dummy
vertical and parallel to the vehicle's longitudinal centerline and the
same distance from the vehicle's longitudinal centerline, within 10 mm ( 0.4 in), as the midsagittal plane of the
driver dummy.
* * * * *
(c) Passenger arm/hand positioning. Place the dummy's upper arm
such that the angle between the projection of the arm centerline on the
midsagittal plane of the dummy and the torso reference line is 45[deg]
5[deg]. The torso reference line is defined as the
thoracic spine centerline. The shoulder-arm joint allows for discrete
arm positions at 0,
[[Page 70915]]
45, 90, 135, and 180 degree settings where
positive is forward of the spine.
* * * * *
S12.3.4 * * *
(c) Place the dummy on the seat cushion so that its midsagittal
plane is vertical and coincides with the vertical longitudinal plane
through the center of the seating position SgRP within 10
mm (0.4 in).
* * * * *
(j) Measure and set the dummy's pelvic angle using the pelvic angle
gauge. The angle is set to 20.0 degrees 2.5 degrees. If
this is not possible, adjust the pelvic angle as close to 20.0 degrees
as possible while keeping the transverse instrumentation platform of
the head as level as possible, as specified in S12.3.4(h).
* * * * *
(l) Passenger arm/hand positioning. Place the rear dummy's upper
arm such that the angle between the projection of the arm centerline on
the midsagittal plane of the dummy and the torso reference line is
45[deg] 5[deg]. The torso reference line is defined as the
thoracic spine centerline. The shoulder-arm joint allows for discrete
arm positions at 0, 45, 90, 135,
and 180 degree settings where positive is forward of the spine.
* * * * *
Issued on: November 20, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-28810 Filed 11-27-12; 8:45 am]
BILLING CODE 4910-59-P
