Federal Motor Vehicle Safety Standards, Occupant Crash Protection

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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Parts 571 and 585
[Docket No. NHTSA 2005–22323]
RIN 2127–AI98

Federal Motor Vehicle Safety
Standards; Occupant Crash Protection
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Final rule.
AGENCY:

SUMMARY: In this document, NHTSA is
amending its safety standard on
occupant crash protection to establish
the same 56 km/h (35 mph) maximum
speed for frontal barrier crash tests
using belted 5th percentile adult female
test dummies as we previously adopted
for tests using belted 50th percentile
adult male dummies. The agency is
adopting this amendment to help
improve crash protection for small
statured occupants. The new
requirement is phased-in in a manner
similar to the phase-in for the 56 km/h
(35 mph) maximum speed test
requirement using the 50th percentile
adult male dummy, but beginning 2
years later, i.e., September 1, 2009.
DATES: Effective Date: This final rule is
effective November 29, 2006.
Petitions for Reconsideration: If you
wish to submit a petition for
reconsideration of this rule, your
petition must be received by October 16,
2006.
ADDRESSES: Petitions for reconsideration
should refer to the docket number above
and be submitted to: Administrator,
Room 5220, National Highway Traffic
Safety Administration, 400 Seventh
Street, SW., Washington, DC 20590.
See the SUPPLEMENTARY INFORMATION
portion of this document (Section VIII;
Rulemaking Analyses and Notice) for
DOT’s Privacy Act Statement regarding
documents submitted to the agency’s
dockets.

For
non-legal issues, you may call Ms. Lori
Summers, Office of Crashworthiness
Standards (Telephone: 202–366–1740)
(Fax: 202–366–2739).
For legal issues, you may call Mr.
Edward Glancy, Office of the Chief
Counsel (Telephone: 202–366–2992)
(Fax: 202–366–3820).
You may send mail to these officials
at National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:

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FOR FURTHER INFORMATION CONTACT:

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Table of Contents
I. Background
II. Notice of Proposed Rulemaking (NPRM)
and Summary of Comments
A. The NPRM
B. Summary of Public Comments on the
NPRM
III. The Final Rule and Response to Public
Comments
A. Agency Decision—Overview
B. Response to Public Comments by Issue
1. Vehicle Crash Tests and Practicability
Concerns
2. Unintended Consequences
3. Timing of Agency Decision
4. Harmonization With Canada
5. Concerns About the 5th Percentile Adult
Female Dummy
6. Test Set-Up Procedure
7. Leadtime
8. Alternative Tests
C. Benefits and Costs
IV. Rulemaking Analyses and Notices

I. Background
Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, Occupant
Crash Protection, requires passenger
cars and other light vehicles to be
equipped with seat belts and frontal air
bags to prevent or mitigate the effects of
occupant interaction with the vehicle
interior in a crash. While air bags have
been very effective in increasing the
number of people saved in moderate
and high speed frontal crashes, they
have occasionally been implicated in
fatalities in instances where vehicle
occupants were very close to the air bag
when it deployed. This is particularly
true of vehicles produced in the 1990s.
On May 12, 2000, NHTSA published
in the Federal Register (65 FR 30680) a
final rule to require that future air bags
be designed to create less risk of serious
air bag-induced injuries than thencurrent air bags and provide improved
frontal crash protection for all
occupants, by means that include
advanced air bag technology (advanced
air bag rule). That final rule was
consistent with the requirements of the
Transportation Equity Act for the 21st
Century (TEA 21), enacted by Congress
in June 1998, which required us to issue
a rule amending FMVSS No. 208:
* * * to improve occupant protection for
occupants of different sizes, belted and
unbelted, under Federal Motor Vehicle Safety
Standard No. 208, while minimizing the risk
to infants, children, and other occupants
from injuries and deaths caused by air bags,
by means that include advanced air bags.

The advanced air bag rule established
two phase-in schedules. For the first
phase-in, which began September 1,
2003 and will be completed by
September 1, 2006, NHTSA required
vehicle manufacturers to install
advanced air bag systems that reduce
the risk of air bag-induced injury

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(particularly to young children and
small adult drivers), while improving
the frontal crash protection provided by
air bag systems to occupants of different
sizes. For the second phase-in, which
will begin on September 1, 2007, the
agency required manufacturers to
improve further the frontal protection
provided by their vehicles by meeting a
belted rigid barrier crash test at higher
test speeds.
Prior to the advanced air bag rule, the
crash tests specified in FMVSS No. 208
used only one size dummy, a 50th
percentile adult male dummy. NHTSA
also used that dummy in frontal crash
tests conducted under the New Car
Assessment Program (NCAP), although
at a higher speed. The FMVSS No. 208
belted rigid barrier test was conducted
at speeds up to 48 km/h (30 mph), while
the NCAP test was conducted at a speed
of 56 km/h (35 mph).
For the advanced air bag rule, NHTSA
specified the use of both 50th percentile
adult male and 5th percentile adult
female dummies for the standard’s crash
tests.1 The first phase-in requires
vehicles to be certified as passing the
test requirements for both of these
dummies, while unbelted, in a 32 km/
h (20 mph) to 40 km/h (25 mph) rigid
barrier test (unbelted rigid barrier test
requirements), and test requirements for
the same two dummies, while belted, in
a rigid barrier crash test with a
maximum test speed of 48 km/h (30
mph) (belted rigid barrier test
requirements).
The second phase-in will require
vehicles to be certified as passing the
belted rigid barrier test requirements at
speeds up to and including 56 km/h (35
mph) using the 50th percentile adult
male dummy. NHTSA and the industry
have had considerable experience with
conducting belted tests at 56 km/h (35
mph) using this dummy in connection
with the NCAP program.
In the preamble to the advanced air
bag rule, we stated
We did not propose including the 5th
percentile adult female dummy in [the 56
km/h (35 mph) phase-in] requirement
because we had sparse information on the
practicability of such a requirement. NHTSA
will initiate testing to examine this issue and
anticipates proposing increasing the test
speed for belted tests using the 5th percentile
adult female dummy to 56 km/h (35 mph),
beginning at the same time that the 50th
percentile adult male is required to be used
in belted testing at that speed.
1 The advanced air bag rule also specified the use
of 1-year-old infant dummies, 3- and 6-year-old
child dummies, and 5th percentile adult female
dummies in its test requirements to minimize the
risk to infants, children, and other occupants from
injuries and deaths caused by air bags.

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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations
(60 FR 30680, 30690.) The agency
reiterated this position when it denied
a petition to begin rulemaking
immediately to establish a requirement
for vehicles to meet a 0–56 km/h (0–35
mph) belted rigid barrier test with the
5th percentile adult female dummy (66
FR 65376; December 18, 2001).
However, the agency continued research
on the feasibility and practicability of
increasing the test speed for belted
testing using this dummy.
II. Notice of Proposed Rulemaking
(NPRM) and Summary of Comments

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A. The NPRM
On August 6, 2003, we published in
the Federal Register (68 FR 46539) a
notice of proposed rulemaking (NPRM)
to increase the test speed for the belted
rigid barrier test using the 5th percentile
adult female dummy to 56 km/h (35
mph). We proposed the same phase-in
schedule as that already adopted for the
50th percentile adult male dummy, i.e.,
beginning September 1, 2007.
In the NPRM, we cited the results of
18 crash tests conducted by NHTSA,
some in conjunction with Transport
Canada. We tentatively concluded that
the test results indicated both a need for
and the feasibility of extending the 56
km/h (35 mph) maximum speed for the
rigid barrier test to include the 5th
percentile adult female dummy. The
testing indicated that a belted 5th
percentile adult female dummy may be
subject to higher injury measures than a
belted 50th percentile adult male
dummy in comparable frontal barrier
crash tests, when both are seated in
accordance with the applicable FMVSS
No. 208 seating procedures.
The tested vehicles included small
and medium passenger cars, sport
utility vehicles, minivans, and a pickup
truck. None of the tested vehicles were
designed to meet the new test
requirements of the advanced air bag
rule. Of the 18 vehicles tested, 12 were
able to meet the driver and right front
passenger dummy Injury Assessment
Reference Values (IARVs) required
under FMVSS No. 208. The six vehicles
that exceeded the IARVs for the 5th
percentile adult female dummy were
found to exceed injury measures in the
head, chest, and/or neck regions. When
comparable NCAP crash tests were
conducted with 50th percentile adult
male dummies, none of the adult male
dummies exceeded the IARVs.
We estimated that the proposed
requirements, if adopted, could prevent
between five and six small occupant
fatalities per year and could also reduce
two to three moderate to severe injuries

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yearly (MAIS 2+).2 We also explained
that beyond reducing the rates of injury
and fatality to small-stature occupants,
increasing the maximum belted test
speed for testing with the 5th percentile
adult female dummy would extend
improved belted crash protection to
occupants of different sizes. We stated
that the proposed amendment would
address the potential hazard to all
belted occupants who are very close to
both the air bag module and the steering
wheel or instrument panel.
In the NPRM, we tentatively
concluded that compliance with the
proposal would result in a nominal
additional cost to vehicle
manufacturers. We noted that the test
procedure itself is already required at a
lower impact speed in FMVSS No. 208;
only the maximum impact speed would
be raised. We stated that, as indicated
by the 12 vehicles that met all IARVs in
NHTSA’s test program, many vehicles
already meet the proposed requirement.
We also stated our belief that to the
extent additional measures may prove
necessary, improving performance
beyond the 48 km/h (30 mph)
requirement could involve relatively
simple changes. We estimated that the
overall cost of the proposal would range
from minimal costs to $24.56 million,
depending on the implementation of
technologies. A complete discussion of
how NHTSA arrived at its estimates of
both benefits and costs was presented in
a Preliminary Regulatory Evaluation.3
B. Summary of Public Comments on the
NPRM
We received comments from five
companies or organizations: General
Motors (GM), DaimlerChrysler, the
Alliance of Automobile Manufacturers
(Alliance), TRW Automotive, and the
Insurance Institute for Highway Safety
(IIHS). The commenters generally
supported improved crash protection for
belted small statured occupants, but did
not support the agency’s proposal to
increase the test speed for FMVSS No.
208’s belted barrier test using the 5th
percentile adult female dummy to 56
km/h (35 mph).
GM raised concerns about
practicability. That company
commented that none of the 18 vehicles
that NHTSA tested and analyzed for
practicability and benefits were certified
2 MAIS (Maximum Abbreviated Injury Scale)
represents the maximum injury severity at an
Abbreviated Injury Scale (AIS) level, regardless of
the nature or location of the injury. The AIS ranks
individual injuries by body region on a scale of 1
to 6 as follows: 1=minor, 2=moderate, 3=serious,
4=severe, 5=critical, and 6=maximum/currently
untreatable.
3 Docket No. NHTSA–2003–15732–2.

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to the advanced air bag provisions of
FMVSS No. 208. GM stated that the
restraint systems in the vehicles tested
by the agency do not represent the same
balancing of requirements that is
necessary to meet the advanced air bag
provisions, which are more complex
and demanding than the ones to which
the 18 vehicles were certified. GM also
stated that NHTSA had not considered
the compliance margins necessary to
ensure that each vehicle would meet the
IARVs for the proposed test conditions.
GM also raised concerns about
leadtime. That manufacturer stated that
if testing demonstrates that the IARVs
can be met at the proposed higher
speed, and if the countermeasures
necessary to enable that performance do
not negatively affect other aspects of
occupant protection, manufacturers will
need time to bring these
countermeasures into production. GM
stated that given its experience in
developing vehicles and occupant
protection systems designed to meet the
advanced air bag requirements, a
minimum postponement of two years in
the effective date of the proposed rule
would be necessary to accommodate the
necessary testing and product
development.
Several commenters addressed the
estimated benefits. GM stated that the
benefits estimated by the agency are
very small and are projections based on
old air bag technology. It also stated that
increasing the maximum test speed to
56 km/h (35 mph) for the belted 5th
percentile adult female dummy could
have unintended consequences for
belted small stature occupants involved
in low severity frontal collisions. GM
stated that the severity of the 56 km/h
(35 mph) rigid barrier test would force
stiffer restraint systems than are
presently needed in the current 48 km/
h (30 mph) frontal barrier test required
by the advanced air bag final rule.
According to GM, stiffening the restraint
system would have an adverse affect on
the older, weaker, smaller population
since their injury tolerance is lower than
the younger, stronger population.
DaimlerChrysler stated that the
agency’s projected benefits are
statistically minor, an overestimate, and
cannot be absolutely quantified. The
Alliance raised several issues about the
agency’s methodology for estimating
benefits, and argued that the action
could result in no safety benefits or even
negative safety effects.
IIHS stated that the agency failed to
provide a clear assessment of the
benefits and offered little compelling
evidence that vehicle design changes
resulting from the proposed rule would
be meaningful in real-world crashes.

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IIHS also stated that other measures to
improve frontal crash protection, such
as offset deformable barrier tests or pole
tests, would be more beneficial and be
more representative of real-world
crashes.
Some commenters recommended that
the agency defer the rulemaking to a
later date. DaimlerChrysler stated that
the prudent course of action would be
to defer rulemaking until enough
vehicles certified to the advanced air
bag requirements are in commerce and
their field performance with small
females can be assessed. That company
suggested waiting until the end of Phase
II of the advanced air bag phase-in
schedule.
GM stated that an Alliance-sponsored
panel of experts, referred to as the Blue
Ribbon Panel, is currently engaged in a
major real-world data gathering program
to provide a greater factual basis for
future air bag rulemakings, and
suggested that the agency wait until
after the panel has finished its work
before proceeding on this rulemaking.
GM and the Alliance also expressed
concerns about differences between how
NHTSA and Transport Canada are
addressing improved protection for
belted small statured occupants. The
Alliance noted that Transport Canada
has proposed a more stringent chest
compression requirement for 5th
percentile adult female dummies in 48
km/h (30 mph) tests. The Alliance
expressed concern that each country’s
proposal may require opposing or at
least non-complementary design
strategies in order to meet the different
proposed test requirements.
DaimlerChrysler reiterated concerns it
has previously identified about the 5th
percentile adult female Hybrid III
dummy, including ones about neck
structure and response, dummy
interference with deploying air bags,
and the Nij neck injury criterion.
DaimlerChrysler stated its belief that
neck tension limits alone appear to be
the only significant factor in the Nij
neck injury criterion to predict neck
injury accurately.
TRW commented on the test set-up
procedures for the 5th percentile adult
female dummy driver. It argued that the
positioning of the steering wheel is not
realistic with regard to conditions in the
field. IIHS stated that the agency should
change its dummy seating procedures
consistent with a petition it had
previously submitted.

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III. The Final Rule and Response to
Public Comments
A. Agency Decision—Overview
After carefully considering the
comments, we have decided to issue a
final rule increasing the maximum test
speed for the belted rigid barrier test
using the 5th percentile adult female
dummy from 48 km/h (30 mph) to 56
km/h (35 mph), the same speed we
adopted for 50th percentile adult male
dummies. We believe this amendment is
consistent with the goal of providing
improved frontal crash protection for all
occupants. This was one of the primary
goals of our advanced air bag rule and
also of TEA 21.
We recognize that the benefits directly
attributable to this rule are relatively
small, since most of the restraint system
improvements needed to meet this rule
were required by the advanced air bag
rule. Among other things, the advanced
air bag rule added the 5th percentile
adult female dummy to the FMVSS No.
208 48 km/h (30 mph) belted rigid
barrier crash test and also increased the
maximum speed for that test to 56 km/
h (35 mph) for the 50th percentile adult
male dummy. These test requirements,
as well as other new tests using the 5th
percentile adult female dummy, already
require improved protection for
occupants of different sizes.
In the preamble to advanced air bag
rule, however, we stated that we
anticipated proposing to increase the
maximum test speed for the belted rigid
barrier test using the 5th percentile
adult female dummy to 56 km/h (35
mph), the same maximum speed
specified for the 50th percentile adult
male dummy. We did not propose this
higher speed as part of the advanced air
bag rulemaking because of lack of
available test data.
This rulemaking is thus intended to
complete the agency’s consideration of
an issue that was partially addressed in
the advanced air bag rulemaking. As
discussed earlier, we conducted a series
of 18 vehicle crash tests in support of
the NPRM. Moreover, as discussed
below, we subsequently conducted five
additional crash tests of vehicles
certified to the advanced air bag
requirements.
After considering the comments, we
continue to believe that the available
test data indicate both a need for and
the feasibility of extending the 56 km/
h (35 mph) maximum speed for the rigid
barrier test to include the 5th percentile
adult female dummy. While many
vehicles would meet the higher test
speed requirements using 5th percentile
adult female dummies even in the
absence of this rule, we believe that

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FMVSS No. 208 should require the same
level of high speed crash protection for
small statured occupants as for larger
occupants.
The final rule is essentially the same
as the proposal, except for the timing of
the phase-in. The new requirement is
phased-in in a manner similar to the
phase-in for the 56 km/h (35 mph)
maximum speed test requirement using
the 50th percentile adult male dummy,
but begins two years later, i.e.,
September 1, 2009. The additional
leadtime will provide manufacturers the
time needed to meet design challenges
associated with some vehicles and
incorporate these additional
requirements into their product
development schedules without undue
consequences.
Given that this phase-in is two years
later, and recognizing that many
vehicles already comply with the new
requirement, we are not including
advance credits as part of this phase-in,
although carryover credits earned
during the phase-in will be allowed.
The implementation schedule for the
new requirement is as follows:
—35 percent of each manufacturer’s
light vehicles manufactured during
the production year beginning on
September 1, 2009;
—65 percent of each manufacturer’s
light vehicles manufactured during
the production year beginning on
September 1, 2010, with an allowance
of carryover credits from vehicles
built after September 1, 2009.
—100 percent of each manufacturer’s
light vehicles manufactured during
the production year beginning on
September 1, 2011, with an allowance
of carryover credits from vehicles
built after September 1, 2009.
—All light vehicles manufactured on or
after September 1, 2012.
Manufacturers that sell two or fewer
carlines in the United States at the
beginning of the first year of the phasein (September 1, 2009) will have the
option of omitting the first year of the
phase-in, if they fully comply beginning
on September 1, 2010.
Manufacturers that produce or
assemble fewer than 5,000 vehicles for
the U.S. market per year may defer
compliance with the new requirement
until September 1, 2012.
Consistent with our usual policy
concerning multi-stage vehicles, multistage manufacturers and alterers may
defer compliance with the new
requirement until September 1, 2013.
We are adopting phase-in reporting
requirements similar to those used in
other phase-ins.

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B. Response to Public Comments by
Issue

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1. Vehicle Crash Tests and Practicability
Concerns
As indicated above, to support the
NPRM, we tested 18 vehicles in 56 km/
h (35 mph) barrier crash tests, some in
conjunction with Transport Canada,
with belted 5th percentile adult female
dummies. The vehicles tested included
small and medium passenger cars, sport
utility vehicles, minivans, and a pickup
truck. Of the 18 vehicles tested, 12 were
able to meet the driver and right front
passenger IARVs required under FMVSS
No. 208.
GM commented that none of the 18
vehicles were certified to the advanced
air bag provisions of FMVSS No. 208.
GM stated that the restraint systems in
the vehicles tested by the agency do not
represent the same balancing of
requirements that is necessary to meet
the advanced air bag provision of
FMVSS No. 208, which are more
complex and demanding than the
provisions for which the vehicles were
certified. That company argued that
testing of vehicles with restraint systems
balanced to meet the advanced air bag
requirements is necessary to make an
informed feasibility assessment.
We note that vehicles with advanced
air bags were not available during the
time we were developing the NPRM.
Consequently, the agency tested fleetrepresentative vehicles that were
equipped with the most advanced air
bag and seat belt technology of the time.
Most of the vehicles included forcelimited seat belts, pretensioners, and
dual stage air bag inflation. One vehicle
included a driver seat track sensor.
We also note that since publication of
the NPRM, NHTSA has tested five
additional vehicles that have been
certified to the advanced air bag
requirements of FMVSS No. 208. These
vehicles include the 2004 Honda
Accord, 2004 Ford Taurus, 2004 Honda
Odyssey, 2004 Chevrolet Avalanche,
and 2004 Jeep Liberty. All five of the
vehicles tested met the proposed
requirements.4
GM also stated in its comments that
NHTSA had not considered the
compliance margins necessary to ensure
that each vehicle would be capable of
meeting the IARVs for the proposed test
conditions. GM stated that if a 20
percent compliance margin were
applied, then only five of the eighteen
vehicles cited in the NPRM would meet
the IARVs.
4 The Chevrolet Avalanche had a passenger Nij
value of 1.0, providing it no margin of compliance.

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As to the issue of margin of
compliance, we agree that
manufacturers need to ensure that all of
their vehicles meet a test requirement
established by a Federal safety standard.
As we noted in the rulemaking for
advanced air bags, examination of
compliance and certification data for
pre-redesigned air bags shows that
manufacturers often certified vehicles
with much less than a 20 percent
margin of compliance. We agree,
however, that calculations of 20 percent
compliance margins are useful for
analytical and discussion purposes.
As indicated above, 12 of the 18
vehicles tested in support of the NPRM
met the driver and right front passenger
IARVs required under FMVSS No. 208.
Of these 12, five had more than a 20
percent compliance margin and three
others had almost exactly a 20 percent
compliance margin. Thus, eight of the
12 had compliance margins of
approximately 20 percent or more,
while four had smaller compliance
margins. None of the 18 vehicles were
designed to meet the test requirements
of the advanced air bag rule. Given this
fact, and the number of available means
discussed in the NPRM and the PRE for
improving performance, we continue to
believe that these test results
demonstrated the practicability of the
new requirements.
Moreover, of the five additional
vehicles we tested that have been
certified to the advanced air bag
requirements of FMVSS No. 208, four of
the vehicles met the standard’s driver
and right front passenger IARVs in 56
km/h (35 mph) barrier crash tests using
the 5th percentile adult female dummy
with 20 percent compliance margins.
The fifth vehicle, the Chevrolet
Avalanche, resulted in a passenger Nij
value of 1.0, providing it no margin of
compliance. We note that this vehicle
did not incorporate force-limiters or
pretensioners to improve restraint
performance, whereas the other four
advanced air bag-equipped vehicles
employed both of these technologies.
Thus, we believe that additional
restraint technologies are available that
could be used for this vehicle.
Moreover, since some vehicles passed
the requirements without these
technologies, we also believe that
adjustments to air bag characteristics
and/or firing threshhold could be used
to enable this vehicle to comply with
the requirements by comfortable
margins for certification.
GM also submitted a comment
discussing the results of what it referred
to as rapid proposal evaluation testing.5
5 Docket

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51771

That company evaluated one truck and
one car program that were near the end
of their development and validation for
meeting the advanced air bag
requirements, in light of the proposal.
GM stated that simple changes will not
suffice for the two programs to meet the
proposed speed increase. GM stated that
significant restraint system rebalancing
or vehicle structural changes would be
needed, which would require longer
leadtime than the agency proposed.
While we have considered GM’s
comment, we believe the test results of
the five vehicles equipped with
advanced air bags address the concerns
raised by GM about feasibility. Leadtime
issues are discussed later in this
document.
2. Unintended Consequences
GM expressed concern that increasing
the maximum test speed to 56 km/h (35
mph) for the belted 5th percentile adult
female dummy could have unintended
consequences for belted small stature
occupants involved in low severity
frontal collisions. GM stated that the
severity of the 56 km/h (35 mph) rigid
barrier test will force stiffer restraint
systems than presently needed for the
current 48 km/h (30 mph) frontal barrier
test required by the advanced air bag
final rule. According to GM, stiffening
the restraint system would have an
adverse affect in crashes of lower
severity on the older, weaker, smaller
population since their injury tolerance
is lower than the younger, stronger
population. GM submitted a theoretical
analysis in support of its comments,
which concluded that limiting the
restraint load to the injury threshold
load of the small occupant produced the
lowest number of occupant injuries over
the spectrum of frontal accident
severities.
The Alliance stated that the same air
bag and belt system is used for different
size occupants in other crash modes. It
argued that if that system has been
optimized for those crash modes then
any change made to it will produce less
than optimal results for those modes,
resulting in disbenefits.
We believe that the concerns
expressed by GM and the Alliance about
adverse consequences to occupants in
other crash modes are addressed by the
overall requirements of the advanced air
bag rule. As noted earlier, the purpose
of that rule was to require that future air
bags be designed to create less risk of
serious air bag-induced injuries than
then-current air bags and provide
improved frontal crash protection for all
occupants. Vehicles designed to meet
the rigid barrier crash test with 5th
percentile adult female dummies at a

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maximum speed of 56 km/h (35 mph)
will have to meet all of the requirements
of the advanced air bag rule. That rule
specifies test requirements at various
test speeds/impact conditions including
lower severity speeds and offset/oblique
conditions, different dummy sizes, and
restraint status.
With respect to GM’s stated concern
about belted small stature occupants
involved in low severity frontal
collisions, we note that the belted rigid
barrier requirement must be met using
5th percentile adult female dummies at
speeds from 0 to the maximum specified
speed. Vehicles must also meet a 40
percent offset frontal deformable barrier
test using belted 5th percentile adult
female dummies at speeds from 0 to 40
km/h (25 mph). Vehicles must also meet
unbelted test requirements using that
dummy, as well as low risk tests at the
driver position.
NHTSA believes that the overall
requirements of the advanced air bag
rule, including the amendment made in
today’s rule, will encourage
manufacturers to optimize their
occupant protection systems to
adequately protect all sizes of occupants
both in low and high severity crashes.
IIHS commented that by potentially
further increasing the complexity of the
restraint system, the proposed rule
would increase the possibility of a
system failure. However, that
organization did not provide any
support for this position. As indicated
above, some vehicles being
manufactured today meet the
requirements of the advanced air bag
rule and also meet the proposed
requirement by a 20 percent margin.
3. Timing of Agency Decision
As indicated above, some commenters
recommended that we defer this
rulemaking until the performance of
vehicles equipped with advanced air
bags can be assessed. GM recommended
that the agency wait until the work of
the Blue Ribbon panel is completed.
While we agree that the field
experience with advanced air bagequipped vehicles is very limited, we do
not believe it is necessary or appropriate
to wait until there is sufficient
experience with advanced air bags to
assess their performance before
completing this rulemaking We are
addressing in this rulemaking a
remaining issue from the advanced air
bag rulemaking, whether it is
practicable to establish the same 56 km/
h (35 mph) maximum test speed for
belted rigid barrier tests using the 5th
percentile adult female dummy as was
established for the same test using 50th
percentile adult male dummies.

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As we explained in the advanced air
bag rulemaking, we did not propose
including the 5th percentile adult
female dummy in the 56 km/h (35 mph)
phase-in requirement because we had
sparse information on the practicability
of such a requirement. We announced
that we would initiate testing to
examine this issue and anticipated
proposing increasing the test speed for
belted tests using the 5th percentile
adult female dummy to 56 km/h (35
mph), beginning at the same time that
the 50th percentile adult male is
required to be used in belted testing at
that speed.
We have conducted the anticipated
testing to support the proposal, and
believe it is appropriate to proceed with
a final rule. We believe it could take 10
or more years to accumulate significant
field experience with advanced air bags
and small females. In the meantime,
improved protection for occupants of
different sizes would not occur, and the
benefits associated with the rule would
be lost.
NHTSA is aware of the work of the
Blue Ribbon Panel and has attended its
annual presentation of case findings.
Much of the field work has focused on
the performance of depowered air bagequipped vehicles, rather than vehicles
equipped with advanced air bags. At
this point in time, the data collection is
complete, and the analysis is ongoing
and expected to be completed by the
end of this year. A public meeting is
scheduled for May 2007. However, since
the advanced air bag phase-in did not
begin until model year 2004, the data
reflect limited on-road exposure with
respect to fifth percentile adult females.
Therefore, we do not believe its work
will provide significant information
relevant to this specific rulemaking.
4. Harmonization With Canada
As indicated above, GM and the
Alliance expressed concerns about
differences between how NHTSA and
Transport Canada are addressing
improved protection for belted small
statured occupants. The Alliance noted
that Transport Canada has proposed a
more stringent chest compression
requirement for 5th percentile adult
female dummies in 48 km/h (30 mph)
tests. That organization expressed
concern that each country’s proposal
may require opposing or at least noncomplementary design strategies in
order to meet the different proposed test
requirements. The Alliance stated that
assuming that the interior space and the
vehicle stiffness are constant,
engineering judgment would suggest
that different restraint system solutions
would be needed to manage the higher

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crash loads in the 56 km/h (35 mph)
test, as opposed to restraints needed to
reduce chest loading in order to meet
the chest compression limit proposed by
Transport Canada for the 48 km/h (30
mph) test.
GM stated that it believes regulations
should be harmonized with other
countries, particularly in North
America, whenever possible. It also
stated that it believes that Transport
Canada’s approach is at least more
directionally appropriate and more
likely to reduce crash injuries and
fatalities in small stature occupants and
the elderly.
On June 30, 2001, Transport Canada
published a notice of intent to amend its
occupant crash protection standard to
improve chest protection in frontal
collisions, particularly for the small and
aging population. For one aspect of the
regulation, Transport Canada proposed
a 0–48 km/h (0–30 mph) full frontal
rigid barrier crash test requirement
using a 5th percentile adult female
dummy and a 0–40 km/h (0–25 mph)
fixed offset deformable barrier crash test
requirement as in FMVSS No. 208.
However, Transport Canada also
proposed a reduced chest deflection
limit of 41 mm in the full frontal rigid
barrier crash test and 32 mm in the
offset deformable barrier crash test.
NHTSA’s chest deflection limit is 52
mm for the 5th percentile dummy.
We agree it is desirable to develop
harmonized regulations whenever
possible. We note that NHTSA and
Transport Canada have met together on
six occasions between May and October
of 2004 to fully discuss the merits of the
two proposals.
While we recognize the differences
between the proposals and that
manufacturers would not want to be
required to develop multiple restraint
systems for the North American market,
we believe that the two proposals do not
require non-complementary design
strategies. As indicated above, the
Alliance was concerned that different
restraint system solutions could be
needed to manage the higher crash loads
in the 56 km/h (35 mph) test, as
opposed to restraints needed to reduce
chest loading in order to meet the chest
compression limit proposed by
Transport Canada for the 48 km/h (30
mph) test. We evaluated test results of
11 vehicles that were subjected to rigid
barrier crash tests using the 5th
percentile adult female dummy at both
48 km/h (30 mph) and 56 km/h (35
mph). Nine of the 11 vehicles were able
to comply with the chest protection
requirements of both proposals with
approximately a 20 percent margin of
compliance. This testing indicates that

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6. Test Set-Up Procedure

when keeping vehicle stiffness and
interior space constant, different
restraint packages are not necessary to
meet both the NHTSA and Transport
Canada proposals.
5. Concerns About the 5th Percentile
Adult Female Dummy
In commenting on the NPRM,
DaimlerChrysler reiterated concerns it
has previously identified about the
Hybrid III 5th percentile adult female
dummy, including ones about neck
structure and response, dummy
interference with deploying air bags,
and the Nij neck injury criterion. That
manufacturer stated that these issues
were discussed in numerous
submissions during the advanced air
bag rulemaking, and most recently in its
petition for reconsideration of the July
2002 final rule on the 5th percentile
adult female dummy.
We note that the issues raised by
DaimlerChrysler are not specific to this
proposed requirement. Nij is already
incorporated as an injury criterion in
FMVSS No. 208, for both in-position
and out-of-position test conditions using
the 5th percentile adult female dummy.
We did not propose any new injury
criteria or modifications to the dummy
neck as part of the proposal.
DaimlerChrysler has provided
comments and petitions on these issues
before, and the agency has denied its
requests. For example, in a final rule
published in the Federal Register on
November 19, 2003, we stated:
The agency also determined that the Nij
formula incorporates the relevant
measurements for evaluating neck injury
during frontal impact and that much of the
automotive industry has accepted Nij as a
valid injury measurement. See 66 FR 65376,
65399. DaimlerChrysler has not provided any
new information with respect to these two
issues in its current petition for
reconsideration. The agency still concurs
with our previous determination and
therefore is denying DaimlerChrysler’s
petition with respect to * * * Nij
measurements.

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68 FR 65189.
Most recently, the agency denied
DaimlerChrysler’s petition for
reconsideration of the July 2002 final
rule on the 5th percentile adult female
dummy, referred to in its comments on
this rulemaking, in a document
published in the Federal Register (70
FR 13227) on March 18, 2005.
Because DaimlerChrysler has not
presented new data or arguments in
support of its concerns about this issue,
we are not making changes in this
rulemaking in response to its concerns.

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In the NPRM, we proposed to use the
seat set-up and dummy positioning
procedures specified for the existing 0–
48 km/h (0–30 mph) frontal rigid barrier
test for the belted 5th percentile adult
female dummy. The set-up includes the
use of the mid-tilt and mid-telescoping
positions of the steering wheel (when
available).
We received two comments
concerning the test procedure set-up,
from IIHS and TRW. IIHS commented
that dummy seating procedures in crash
tests should be based on where drivers
really sit and not on arbitrary seating
positions that can be manipulated to
optimize crash test results. It stated that
NHTSA should change its regulations so
anthropomorphic data are used to
determine seating positions during tests,
as it petitioned the agency in September
2002.
TRW stated that it believes the
proposed test set-up procedures for the
5th percentile adult female dummy at
the driver position, particularly with
respect to the steering wheel
orientation, are not realistic with regard
to field conditions. That company stated
that the proposal fails to recognize the
different statures of the 5th percentile
adult female dummy and the 50th
percentile adult male dummy. It
believes that representative driving
positions as indicated in the IIHS/
University of Michigan Transportation
Research Institute (UMTRI) positioning
procedures should be adopted. TRW
noted that the UMTRI procedure calls
for adjusting a telescoping wheel to a
full-forward (untelescoped) position.
TRW also recommended that the tilt
position for the 5th percentile adult
female dummy be lowered one or two
notches from mid-position since it
believes that would be a more
representative position for an occupant
of this stature.
We note that since publishing the
NPRM, the agency denied IIHS’s
petition for rulemaking on amending the
seating procedure in a document
published in the Federal Register (69
FR 8160) on February 23, 2004. In that
document, we stated:
* * * NHTSA denies this petition for
rulemaking based on a lack of compelling
beneficial evidence supporting the UMTRI
procedure and the agency’s views about the
adequacy of the current seating procedure
* * * The agency has no immediate plans to
conduct research on an alternative seating
method for either the driver or passenger
positions. However, NHTSA may revisit the
seat position issue at a later time depending
on the agency’s future research needs and
priorities.

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The current seating procedure for the
5th percentile adult female dummy was
developed in the late 1990s, in
consideration of work performed by the
Society of Automotive Engineers (SAE)
Hybrid III 5th Seating Procedure Task
group and NHTSA’s Vehicle Research
Test Center. We believe that neither
TRW nor IIHS have provided data or
arguments demonstrating that amending
the procedure would result in benefits.
We also believe that since a great deal
of testing has been performed using the
existing procedure, both by government
agencies and industry, we should avoid
making unnecessary changes in the
procedure.
For steering set-up, the procedure
specifies the use of the mid-tilt and midtelescoping positions of the steering
wheel. These represent nominal
positions. However, we also believe that
it is reasonable to assume that some
small statured drivers will drive with
the steering wheel in this position,
particularly if multiple-sized drivers
routinely drive a vehicle.
TRW noted that NHTSA specifies a
lower wheel tilt for the driver out-ofposition procedure for the ‘‘chin on
rim’’ test. The test procedure states that
if the steering wheel can be adjusted to
allow the chin to rest on the uppermost
portion of the wheel, then the
adjustment should be made. TRW stated
that this position would help to present
the air bag in a more uniform position
to the small female driver.
However, we believe that the
positioning procedure for the low risk
deployment test is not relevant to the
positioning procedure proposed for this
rulemaking. Unlike the low risk tests,
the normal seating position for the 5th
percentile adult female dummy in the
high speed crash tests is not intended to
encompass a worst-case scenario for air
bag interaction.
TRW also stated that if the tilt
remains in the higher position, and the
IARVs are close to compliance limits for
the small female dummy, system
designs might need to be changed to
provide equal margins for mid-size
occupants and smaller occupants. That
company stated that, as a consequence,
the driver air bag system may need to
be more aggressive (larger air bag, higher
output and/or slope inflator) to keep the
small occupant off the rim. According to
TRW, these designs may have the
unintended consequence of more neck
and chest interaction with the deploying
air bag for all sized occupants who may
be out-of-position during deployment.
We note, however, that vehicles are
also required to meet the low risk
deployment tests and neck and chest
injury requirements in the low-speed

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offset and high-speed full frontal barrier
tests. As discussed earlier, vehicle crash
tests indicate that many vehicles can
meet the advanced air bag requirements,
including driver low risk deployment
tests, and the proposed 35 mph crash
test using the 5th percentile adult
female dummy with the steering wheel
positioned as currently specified in
FMVSS No. 208.
TRW also stated that if the agency
does not change the mid-position
specification, the possibility exists for
adding additional lower detents to the
wheel tilt mechanism, thus lowering the
‘‘mid-tilt’’ position without
compromising the ability of the wheel to
be adjusted for larger occupants. TRW
stated that the result might be a tradeoff in performance for larger occupants.
However, TRW did not provide any
data to support its statement. Therefore,
it is unclear what tradeoffs are implied.
TRW also stated that there is evidence
from tests and computer models that
show that the overall injury numbers
improve for a 5th percentile adult
female dummy when the wheel is tilted
farther down from the mid-position. We
note that while it may be easier to pass
the test in the position advocated by
TRW, this does not mean that it is in the
interest of safety to adjust the steering
wheel position for the specified test. As
indicated above, it is reasonable to
assume that some small statured drivers
will drive with the steering wheel
adjusted in the mid-position. Moreover,
the 5th percentile adult female dummy
seating procedure proposed in the
NPRM is used in other tests in FMVSS
No. 208, which are outside of the scope
of this rulemaking. Also, as indicated
above, given the amount of testing that
has been performed using the existing
procedure, we believe we should avoid
making unnecessary changes.
7. Leadtime
GM commented that a minimum
postponement of two years in the
effective date of the proposed rule is
necessary to accommodate testing and
product development.
While a number of vehicles already
meet the proposed requirement as well
as the advanced air bag requirements,
we recognize that some models involve
greater design challenges than others.
For example, in its comments, GM
compared the vehicle deceleration
(pulse) characteristics of the Impala to
other vehicles, and showed that the
vehicle pulse for the Impala is
significantly less aggressive (slower
deceleration) than most of the vehicles
in its fleet. Some vehicles have shorter
front overhangs with tighter packaging,
with the result that less front crush

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space is available. For these vehicles,
the restraint system is more challenged
to provide the crash energy absorption
needed.
As discussed earlier, we proposed the
same phase-in schedule for the higher
56 km/h (35 mph) rigid barrier test
using belted 5th percentile adult female
dummies as that already adopted for
50th percentile adult male dummies,
i.e., beginning September 1, 2007.
After considering the comments, we
have decided to phase in the new
requirement in a similar manner to the
one for 50th percentile adult male
dummies. However, given the short time
until the compliance date for the higher
speed test requirement using 50th
percentile male dummies and the
impact on product development plans,
we have decided to begin the phase-in
for the higher speed test requirement
using 5th percentile female dummies
two years later, i.e., September 1, 2009.
The additional leadtime will provide
manufacturers the time needed to meet
any design challenges associated with
some vehicles and incorporate these
additional requirements into their
product development schedules without
undue consequences.
The details of the phase-in are
provided above in the section titled
‘‘Agency Decision—Overview,’’ so we
will not repeat them here.
8. Alternative Tests
IIHS commented that other measures
to improve frontal crash protection
would prove far more beneficial than
the proposed requirement. It stated that
these measures include offset
deformable barrier and pole tests, which
it believes are more representative of
real world crash experience.
We note that consideration of an
offset deformable barrier crash test or a
pole test is outside the scope of this
rulemaking. We proposed to amend an
existing test procedure speed, and not
an entirely new frontal crash test
procedure. We also note that IIHS did
not present any data to quantify how an
offset deformable barrier or pole test
would be more beneficial or more
representative of real world crashes.
C. Benefits and Costs
In conjunction with the NPRM, the
agency prepared a Preliminary
Regulatory Evaluation (PRE) that
analyzed the benefits and costs
associated with the proposed
requirements. The agency has prepared
a Final Regulatory Evaluation (FRE) to
accompany this final rule. The FRE
addresses comments concerning
benefits and costs, including comments
on the methodologies used in the PRE.

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The following summarizes the FRE’s
conclusions regarding the benefits and
costs associated with this rule.
1. Benefits
The rule will annually prevent an
estimated 2–4 fatalities and reduce 2
MAIS 2–5 non-fatal injuries, once all
light vehicles on the road comply with
it. The low and high ends of the range
are dependent on assumptions about
injury probability curves for head
injury.
The relatively low magnitude of these
benefits reflects the fact that the
majority of the vehicle changes
necessary to meet this rule are already
being made to meet the May 2000
advanced air bag final rule, and most
vehicles designed to meet that rule
already meet this rule. As indicated
above, four of five vehicles with
advanced air bags tested by NHTSA met
the requirements of this rule with 20
percent compliance margins. Relative to
the May 2000 advanced air bag final
rule, this rule is designed to further
improve air bag technologies to expand
benefits to small stature occupants
under the same severity crash test
conditions as required for the 50th
percentile males.
2. Costs
The total net cost of this final rule
could range from $0.0 to $9.0 million
(2004 economics). The same technology
countermeasures will be used by the
manufacturers to comply with the rule
as they use to comply with the May
2000 advanced air bag final rule. They
may not need to make any additional
changes, they may need to redesign
their air bags but add no costs, or they
may add technologies to vehicles that
didn’t need them before this final rule.
The agency estimates the total cost of
the rule will most likely be $4.5 million.
IV. Rulemaking Analyses and Notices
A. Vehicle Safety Act
Under 49 U.S.C. Chapter 301, Motor
Vehicle Safety (49 U.S.C. 30101 et seq.),
the Secretary of Transportation is
responsible for prescribing motor
vehicle safety standards that are
practicable, meet the need for motor
vehicle safety, and are stated in
objective terms.6 These motor vehicle
safety standards set a minimum
standard for motor vehicle or motor
vehicle equipment performance.7 When
prescribing such standards, the
Secretary must consider all relevant,
available motor vehicle safety
6 49
7 49

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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations
information.8 The Secretary also must
consider whether a proposed standard is
reasonable, practicable, and appropriate
for the type of motor vehicle or motor
vehicle equipment for which it is
prescribed and the extent to which the
standard will further the statutory
purpose of reducing traffic accidents
and associated deaths.9 The
responsibility for promulgation of
Federal motor vehicle safety standards
has been delegated to NHTSA.10
In developing this final rule, the
agency carefully considered the
statutory requirements of 49 U.S.C.
Chapter 301. We also note that the issue
addressed by this rule arose during the
agency’s advanced air bag rulemaking
required by the Transportation Equity
Act for the 21st Century (TEA 21),
enacted by Congress in June 1998. That
statute required us to issue a rule
amending FMVSS No. 208:
* * * to improve occupant protection for
occupants of different sizes, belted and
unbelted, under Federal Motor Vehicle Safety
Standard No. 208, while minimizing the risk
to infants, children, and other occupants
from injuries and deaths caused by air bags,
by means that include advanced air bags.

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As discussed in the preamble to the
advanced air bag rule, the agency did
not propose to include the 5th
percentile adult female dummy in the
56 km/h (35 mph) belted rigid barrier
test requirement because we had sparse
information on the practicability of such
a requirement. Instead, we addressed
this issue in this later rulemaking, after
conducting a series of vehicle crash tests
to obtain the information we needed to
analyze this issue.
This final rule was preceded by an
NPRM, in which we discussed the
results of the vehicle crash tests
conducted to support the rulemaking.
We have also conducted five additional
crash tests of vehicles certified to the
advanced air bag requirements.
In preparing this document, the
agency carefully evaluated the
comments, testing results and other
available information. We have also
updated our cost and benefits analysis.
Thus, this document reflects our
consideration of all relevant, available
information.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993), provides for making
determinations whether a regulatory
8 49

U.S.C. 30111(b).

9 Id.
10 49 U.S.C. 105 and 322; delegation of authority
at 49 CFR 1.50.

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action is ‘‘significant’’ and therefore
subject to Office of Management and
Budget (OMB) review and to the
requirements of the Executive Order.
The Order defines a ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budget impact
of entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
This rulemaking document was
reviewed by the Office of Management
and Budget under E.O. 12866. It is
considered to be significant under the
Department’s Regulatory Policies and
Procedures (44 FR 11034; February 26,
1979) because of significant public
interest.
This final rule amends FMVSS No.
208 by increasing the maximum belted
frontal barrier crash test speed from 48
km/h (30 mph) to 56 km/h (35 mph) for
the 5th percentile adult female dummy.
This is the same test speed as is
specified for the 50th percentile adult
male dummy.
As noted above in the section entitled
Benefits and Costs, the agency estimates
that the rule will prevent 2–4 fatalities
and reduce 2 MAIS 2–5 non-fatal
injuries. The total net cost could range
from $0.0 to $9.0 million (2004
economics). The agency estimates the
total cost of the rule will most likely be
$4.5 million.
A complete discussion of how
NHTSA arrived at these benefits and
costs may be found in the FRE located
in the docket for this rulemaking.
C. Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act, 5 U.S.C. 60l et seq.,
NHTSA has evaluated the effects of this
final rule on small entities. I hereby
certify that this final rule will not have
a significant economic impact on a
substantial number of small entities.
The following is the agency’s
statement providing the factual basis for
the certification (5 U.S.C. 605(b)). The
rule directly affects motor vehicle
manufacturers, second stage or final

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manufacturers, and alterers. SIC code
number 3711, Motor Vehicles and
Passenger Car Bodies, prescribes a small
business size standard of 1,000 or fewer
employees. SIC code No. 3714, Motor
Vehicle Part and Accessories, prescribes
a small business size standard of 750 or
fewer employees.
The majority of motor vehicle
manufacturers would not qualify as a
small business. These manufacturers,
along with manufacturers that do
qualify as a small business, are already
required to comply with the 48 km/h
(30 mph) maximum crash test speed
requirements using 5th percentile adult
female dummies under the advanced air
bag rule of FMVSS No. 208. Measures to
provide protection up to 48 km/h (30
mph) are already being implemented,
and many tested vehicles already
comply with requirements as amended
by this rule. Improving performance as
necessary to meet the 56 km/h (35 mph)
requirement can generally be achieved
through changes in safety belt design or
changes in air bag inflation
characteristics with low-cost algorithm
changes. Furthermore, small volume
manufacturers are given the option of
waiting until the end of the phase-in to
meet the new requirements.
Most of the intermediate and final
stage manufacturers of vehicles built in
two or more stages and alterers have
1,000 or fewer employees. But again,
these companies already are required to
comply with the 48 km/h (30 mph)
belted 5th percentile adult female
dummy requirement. These companies
can either rely on the original
equipment manufacturer’s certification,
or employ similar low cost measures as
the large manufacturers. Also, final
stage manufacturers and alterers can
wait until one year after the end of the
phase-in to meet the new requirements.
Accordingly, there will be no significant
economic impact on small businesses,
small organizations, or small
governmental units by these
amendments. For these reasons the
agency has not prepared a regulatory
flexibility analysis.
D. Executive Order No. 13132
NHTSA has analyzed this rule in
accordance with the principles and
criteria set forth in Executive Order
13132, Federalism, and has determined
that it does not have sufficient Federal
implications to warrant consultation
with State and local officials or the
preparation of a Federalism summary
impact statement. The rule will not have
any substantial impact on the States, or
on the current Federal-State
relationship, or on the current
distribution of power and

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responsibilities among the various local
officials. However, under 49 U.S.C.
30103, whenever a Federal motor
vehicle safety standard is in effect, a
State may not adopt or maintain a safety
standard applicable to the same aspect
of performance which is not identical to
the Federal standard, except to the
extent that the state requirement
imposes a higher level of performance
and applies only to vehicles procured
for the State’s use.
E. National Environmental Policy Act
NHTSA has analyzed this rule for the
purposes of the National Environmental
Policy Act. The agency has determined
that implementation of this rule will not
have any significant impact on the
quality of the human environment.

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F. Paperwork Reduction Act
Under the procedures established by
the Paperwork Reduction Act 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. This final
rule contains a ‘‘collection of
information’’ as that term is defined by
OMB at 5 CFR 1320. As a result of this
final rule, NHTSA proposes to revise a
currently approved collection of
information as follows. NHTSA will
also ask for an extension of the revised
collection of information for three more
years.
Agency: National Highway Traffic
Safety Administration (NHTSA).
Title: Part 585—Phase-in Reporting
Requirements.
Type of Request—Revision of a
Currently Approved Collection of
Information.
OMB Clearance No.—2127–0599.
Form Number—This collection of
information will not use any standard
forms.
Requested Expiration Date of
Clearance—At present, Clearance No.
2127–0599 is scheduled to expire on
October 31, 2006. NHTSA will ask for
a 3-year extension of this collection of
information (with revisions) through
October 31, 2009. As a result of this
final rule, NHTSA anticipates asking for
another extension of this collection,
through October 31, 2012.
Summary of the Collection of
Information
In the ‘‘Rulemaking Analyses and
Notices’’ section of the August 6, 2003
NPRM, NHTSA discussed the
Paperwork Reduction Act consequences
of its proposed collection of information
(See 68 FR at 46544–46545.) As a result
of this final rule, NHTSA amends its
description of the collection of

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information in the NPRM as follows. As
discussed earlier, the final rule is
essentially the same as the proposal,
except for the timing of the phase-in.
The new requirement is phased-in in a
manner similar to the phase-in for the
56 km/h (35 mph) maximum speed test
requirement using the 50th percentile
adult male dummy, but begins two years
later, i.e., September 1, 2009. The
additional leadtime will provide
manufacturers the time needed to meet
design challenges associated with some
vehicles and incorporate these
additional requirements into their
product development schedules without
undue consequences.
We are adopting phase-in reporting
requirements similar to those used in
other phase-ins. For each year of the
phase-in period, manufacturers are
required to provide to NHTSA, within
60 days after the August 31 end date of
each ‘‘production year,’’ information
identifying the vehicles (by make,
model, and vehicle identification
number (VIN)) that have been certified
as complying with the belted barrier test
upgrade.
As discussed earlier, the
implementation schedule for the new
requirement is as follows:
—35 percent of each manufacturer’s
light vehicles manufactured during
the production year beginning on
September 1, 2009 (with the phase-in
report to NHTSA due on October 31,
2010);
—65 percent of each manufacturer’s
light vehicles manufactured during
the production year beginning on
September 1, 2010, with an allowance
of carryover credits from vehicles
built after September 1, 2009 (with
the phase-in report to NHTSA due on
October 31, 2011);
—100 percent of each manufacturer’s
light vehicles manufactured during
the production year beginning on
September 1, 2011, with an allowance
of carryover credits from vehicles
built after September 1, 2009 (with
the phase-in report to NHTSA due on
October 31, 2012).
—All light vehicles manufactured on or
after September 1, 2012.
Manufacturers that sell two or fewer
carlines in the United States at the
beginning of the first year of the phasein (September 1, 2009) will have the
option of omitting the first year of the
phase-in, if they fully comply beginning
on September 1, 2010.
Manufacturers that produce or
assemble fewer than 5,000 vehicles for
the U.S. market per year may defer
compliance with the new requirement
until September 1, 2012. Pursuant to

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this final rule, these manufacturers do
not have to file any reports to NHTSA.
Consistent with our usual policy
concerning multi-stage vehicles, multistage manufacturers and alterers may
defer compliance with the new
requirement until September 1, 2013.
Pursuant to this final rule, these
manufacturers do not have to file any
reports to NHTSA.
Description of the Need for the Use of
the Information
NHTSA needs this information to
ensure that vehicle manufacturers are
certifying their applicable vehicles as
meeting the new belted barrier test
using the 5th percentile female. NHTSA
will use this information to determine
whether a manufacturer has complied
with the amended requirements of
FMVSS No. 208 during the phase-in
period.
Description of the Likely Respondents
(Including Estimated Number, and
Proposed Frequency of Response to the
Collection of Information)
NHTSA estimates that 21 vehicle
manufacturers will submit the required
information.
For each report, the manufacturer will
provide, in addition to its identity,
several numerical items of information.
The information includes:
(a) Total number of vehicles
manufactured for sale during the
preceding production year,
(b) Total number of vehicles
manufactured during the production
year that meet the regulatory
requirements, and
(c) Information identifying the
vehicles (by make, model, and vehicle
identification number (VIN)) that have
been certified as complying with the
belted barrier test upgrade.
Estimate of the Total Annual Reporting
and Recordkeeping Burden Resulting
From the Collection of Information
Approved Clearance for October 31,
2003 through October 31, 2006—At
present, OMB Clearance 2127–0599
gives NHTSA approval to collect 1,281
burden hours a year from industry, or 61
hours from each of 21 manufacturers.
This figure of 61 hours represents the
burden hours that would result if
reports for two separate but related
phase-ins were due the same year, e.g.,
both the higher speed test requirement
using 50th percentile adult male test
dummies and the higher speed test
requirement using the 5th percentile
adult female dummies. At no time from
October 31, 2003 through October 31,
2006 has there been a requirement for
manufacturers to provide two such

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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations
phase-in reports. Thus, this figure of 61
hours should have been 60 hours per
manufacturer, or a total collection of
information burden on industry of 1,260
hours.
Request for Clearance for October 31,
2006 through October 31, 2009—
NHTSA is asking OMB to extend
Clearance 2127–0599 for an additional
three years, October 31, 2006 through
October 31, 2009. NHTSA notes that for
the first year of this period, November
1, 2006 through October 31, 2007, the
reporting requirement relates to the
optional earning of advanced credits for
Phase II. If all manufacturers choose to
earn advanced credits, the burden hours
would be the same as for one of the
years of the phase-in i.e., 60 hours.
The phase-in period for Phase II
(higher speed test requirement using
50th percentile adult male test
dummies) will begin on September 1,
2007, with the report due on October 31,
2008. From November 1, 2007 through
October 31, 2009, NHTSA estimates that
each manufacturer will again incur 60
burden hours per year, through October
31, 2009. The burden hours for OMB
Clearance, 2127–0599 will remain at 60
hours multiplied by 21 manufacturers
per year (1,260 hours). Thus, in its OMB
Form 83–I submission for approval to
extend OMB Clearance 2127–0599 to
collect information from October 31,
2007 through October 31, 2009, NHTSA
will ask that the collection of
information be revised to reflect the
lower figure of 1,260 hour figure for the
two years in which reports (60 burden
hours a year on 21 manufacturers).
Anticipated Request for Clearance for
October 31, 2009 through October 31,
2012—The first year of the phase-in for
the higher speed test requirement using
5th percentile adult female dummies
covers the production period from
September 1, 2009 through August 31,
2010. The report will be due by October
31, 2010, a time after OMB Clearance
2127–0599 expires on October 31, 2009.
According to the phase-in schedule
specified in this final rule, the three
year period from October 31, 2009
through October 31, 2012 will include
one year (covering the production
period from September 1, 2009 through
August 31, 2010) when manufacturers
will report on both the last year of the
phase-in for the higher speed test
requirement using 50th percentile adult
male test dummies and the first year of
the higher speed test requirement using
5th percentile adult female dummies.
For this one year, there will be an
increase of one burden hour, resulting
in a total of 61 burden hours per
manufacturer, or a total burden of 1,281
hours on industry. This estimate is

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based on the fact that the reporting
format for the test requirements using
both the 50th percentile adult male test
dummies and the 5th percentile adult
female test dummies is identical. The
data collection will involve only
computer tabulation (using the same
reporting format) and manufacturers
will provide the information to NHTSA
in an electronic (as opposed to paper)
format. The data will cover the same
types of vehicles for both the upgrade of
the belted barrier test using the 50th
percentile adult male test dummies and
the upgrade using the 5th percentile
adult female test dummies.
The additional two years in the period
from October 31, 2010 through October
31, 2012, will include the phase-in
reporting requirement for light vehicle
manufacturers only for the higher speed
test requirement using 5th percentile
adult female test dummies. We estimate
that the reporting burden for
manufacturers will be the same as was
the reporting burden for the higher
speed test requirement using 50th
percentile adult male test dummies, 60
burden hours per year. Thus, for each of
the two years from October 31, 2010
through October 31, 2012, the reporting
burden on light vehicle manufacturers is
60 hours per year.
There are 0 hours of recordkeeping
burdens resulting from the collection of
information.
NHTSA estimates that there are no
additional cost burdens resulting from
this final rule. There are no capital or
start-up costs as a result of this
collection. Manufacturers could collect
and tabulate the information by using
existing equipment. Thus, there are no
additional costs to respondents or
recordkeepers.
Because the scope of this collection of
information differs from that described
in the NPRM, NHTSA invites comment
on its estimates of the total annual hour
and cost burdens resulting from this
collection of information. Please submit
any comments to the NHTSA Docket
Number referenced in the heading of
this document or to: Ms. Lori Summers,
Office of Rulemaking, NHTSA, 400
Seventh St., SW., Washington, DC
20590. Ms. Summers’ telephone number
is: (202) 366–1740. Comments are due
within 30 days of the date of publication
of this document in the Federal
Register.
G. National Technology Transfer and
Advancement Act
Under the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104–113), ‘‘all Federal
agencies and departments shall use
technical standards that are developed

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51777

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.’’ The
amendments use the technical standards
currently in FMVSS No. 208 and only
increase the maximum speed for the
frontal barrier crash test using the 5th
percentile adult female dummy from 48
km/h (30 mph) to 56 km/h (35 mph). No
voluntary consensus standard uses a
maximum speed of 56 km/h (35 mph)
for a frontal rigid barrier crash test using
a 5th percentile adult female dummy.
H. Civil Justice Reform
This rule will not have any retroactive
effect. As noted above in the discussion
of Executive Order No. 13132, whenever
a Federal motor vehicle safety standard
is in effect, a State may not adopt or
maintain a safety standard applicable to
the same aspect of performance which
is not identical to the Federal standard,
except to the extent that the State
requirement imposes a higher level of
performance and applies only to
vehicles procured for the State’s use. 49
U.S.C. 30161 sets forth a procedure for
judicial review of final rules
establishing, amending, or revoking
Federal motor vehicle safety standards.
That section does not require
submission of a petition for
reconsideration or other administrative
proceedings before parties may file a
suit in court.
I. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 requires 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 for inflation with base year of
1995). This rulemaking would not result
in expenditures by State, local or tribal
governments, in the aggregate, or by the
private sector in excess of $100 million
annually.
J. Executive Order 13045
Executive Order 13045 (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under E.O.
12866, and (2) concerns an
environmental, health, or safety risk that
NHTSA has reason to believe may have
a disproportionate effect on children. If
the regulatory action meets both criteria,
we must evaluate the environmental
health or safety effects of the planned
rule on children, and explain why the

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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations

planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by us.
This rule is not subject to the
Executive Order because it is not
economically significant as defined in
E.O. 12866 and does not involve
decisions based on environmental,
health, or safety risks that
disproportionately affect children. The
rule increases the maximum belted
frontal crash barrier test speed from 48
km/h (30 mph) to 56 km/h (35 mph) for
the 5th percentile adult female dummy.
K. Regulation Identifier Number (RIN)
The Department of Transportation
assigns a regulation identifier number
(RIN) to each regulatory action listed in
the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
L. Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit http://dms.dot.gov.
List of Subjects in 49 CFR Parts 571 and
585
Imports, Motor vehicle safety,
Reporting and recordkeeping
requirements, Tires.
■ In consideration of the foregoing,
NHTSA is amending 49 CFR parts 571
and 585 as follows:
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 571.208 is amended by
adding S14.6 through S14.7 and revising
S15.1 and S16.1(a) to read as follows:

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■

§ 571.208 Standard No. 208; Occupant
crash protection.

*

*
*
*
*
S14.6 Vehicles manufactured on or
after September 1, 2009, and before
September 1, 2012 (Phase-in of higher

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maximum speed (56 km/h (35 mph))
belted test requirement using 5th
percentile adult female dummies).
(a) For vehicles manufactured for sale
in the United States on or after
September 1, 2009, and before
September 1, 2012, a percentage of the
manufacturer’s production, as specified
in S14.6.1, shall meet the requirements
specified in S15.1(b) (in addition to the
other requirements specified in this
standard).
(b) Manufacturers that sell two or
fewer carlines, as that term is defined at
49 CFR 583.4, in the United States may,
at the option of the manufacturer, meet
the requirements of this paragraph
instead of paragraph (a) of this section.
Each vehicle manufactured on or after
September 1, 2010, and before
September 1, 2012, shall meet the
requirements specified in S15.1(b) (in
addition to the other requirements
specified in this standard).
(c) Vehicles that are manufactured in
two or more stages or that are altered
(within the meaning of 49 CFR 567.7)
after having previously been certified in
accordance with Part 567 of this chapter
are not subject to the requirements of
S14.6.
(d) Vehicles that are manufactured by
a manufacturer that produces fewer than
5,000 vehicles worldwide annually are
not subject to the requirements of S14.6.
S14.6.1 Phase-in schedule.
S14.6.1.1 Vehicles manufactured on
or after September 1, 2009, and before
September 1, 2010. Subject to
S14.6.2(a), for vehicles manufactured by
a manufacturer on or after September 1,
2009, and before September 1, 2010, the
amount of vehicles complying with
S15.1(b) shall be not less than 35
percent of:
(a) If the manufacturer has
manufactured vehicles for sale in the
United States during both of the two
production years prior to September 1,
2009, the manufacturer’s average annual
production of vehicles manufactured on
or after September 1, 2007, and before
September 1, 2010, or
(b) The manufacturer’s production on
or after September 1, 2009, and before
September 1, 2010.
S14.6.1.2 Vehicles manufactured on
or after September 1, 2010, and before
September 1, 2011. Subject to
S14.6.2(b), for vehicles manufactured by
a manufacturer on or after September 1,
2010, and before September 1, 2011, the
amount of vehicles complying with
S15.1(b) shall be not less than 65
percent of:
(a) If the manufacturer has
manufactured vehicles for sale in the
United States during both of the two
production years prior to September 1,

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2010, the manufacturer’s average annual
production of vehicles manufactured on
or after September 1, 2008 and before
September 1, 2011, or
(b) The manufacturer’s production on
or after September 1, 2010, and before
September 1, 2011.
S14.6.1.3 Vehicles manufactured on
or after September 1, 2011, and before
September 1, 2012. Subject to
S14.6.2(c), for vehicles manufactured by
a manufacturer on or after September 1,
2011, and before September 1, 2012, the
amount of vehicles complying with
S15.1(b) shall be 100 percent of the
manufacturer’s production during that
period.
S14.6.2 Calculation of complying
vehicles.
(a) For the purposes of complying
with S14.6.1.1, a manufacturer may
count a vehicle if it is manufactured on
or after September 1, 2009, but before
September 1, 2010.
(b) For purposes of complying with
S14.6.1.2, a manufacturer may count a
vehicle if it:
(1) Is manufactured on or after
September 1, 2009, but before
September 1, 2011, and
(2) Is not counted toward compliance
with S14.6.1.1.
(c) For purposes of complying with
S14.6.1.3, a manufacturer may count a
vehicle if it:
(1) Is manufactured on or after
September 1, 2009, but before
September 1, 2012, and
(2) Is not counted toward compliance
with S14.6.1.1 or S14.6.1.2.
S14.6.3 Vehicles produced by more
than one manufacturer.
S14.6.3.1 For the purpose of
calculating average annual production
of vehicles for each manufacturer and
the number of vehicles manufactured by
each manufacturer under S14.6.1, a
vehicle produced by more than one
manufacturer shall be attributed to a
single manufacturer as follows, subject
to S14.6.3.2.
(a) A vehicle that is imported shall be
attributed to the importer.
(b) A vehicle manufactured in the
United States by more than one
manufacturer, one of which also
markets the vehicle, shall be attributed
to the manufacturer that markets the
vehicle.
S14.6.3.2 A vehicle produced by
more than one manufacturer shall be
attributed to any one of the vehicle’s
manufacturers specified by an express
written contract, reported to the
National Highway Traffic Safety
Administration under 49 CFR Part 585,
between the manufacturer so specified
and the manufacturer to which the

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vehicle would otherwise be attributed
under S14.6.3.1.
S14.7 Vehicles manufactured on or
after September 1, 2012. (Higher
maximum speed (56km/h (35 mph))
belted test requirement using 5th
percentile adult female dummies). Each
vehicle shall meet the requirements
specified in S15.1(b) (in addition to the
other requirements specified in this
standard). However, vehicles that are
manufactured in two or more stages or
that are altered (within the meaning of
49 CFR 567.7) after having been
previously certified in accordance with
Part 567 of this chapter may comply
with the requirements specified in
S15.1(a) instead of S15.1(b), if they are
manufactured before September 1, 2013.
*
*
*
*
*
S15.1 Belted Test.
(a) Each vehicle that is certified as
complying with S14.1 or S14.2 shall, at
each front outboard designated seating
position, meet the injury criteria
specified in S15.3 when tested under
S16.1(a)(1).
(b) Each vehicle that is certified as
complying with S14.6 or S14.7 shall, at
each front outboard designated seating
position, meet the injury criteria
specified in S15.3 when tested under
S16.1(a)(2).
*
*
*
*
*
S16.1 General provisions. * * *
(a) Belted test.
(1) Vehicles certified to S14.1 or
S14.2. Place a 49 CFR Part 572 Subpart
O 5th percentile adult female test
dummy at each front outboard seating
position of a vehicle, in accordance with
the procedures specified in S16.3 of this
standard. Impact the vehicle traveling
longitudinally forward at any speed, up
to and including 48 km/h (30 mph), into
a fixed rigid barrier that is
perpendicular within a tolerance of ± 5
degrees to the line of travel of the
vehicle under the applicable conditions
of S16.2 of this standard.
(2) Vehicles certified to S14.6 or
S14.7. Place a 49 CFR Part 572 Subpart
O 5th percentile adult female test
dummy at each front outboard seating
position of a vehicle, in accordance with
the procedures specified in S16.3 of this
standard. Impact the vehicle traveling
longitudinally forward at any speed, up
to and including 56km/h (35 mph), into
a fixed rigid barrier that is
perpendicular within a tolerance of ± 5
degrees to the line of travel of the
vehicle under the applicable conditions
of S16.2 of this standard.
*
*
*
*
*

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PART 585—PHASE-IN REPORTING
REQUIREMENTS
3. The authority citation for Part 585
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.

4. Section 585.14 is amended by
redesignating paragraph (c) as (d) and
adding new paragraph (c) to read as
follows:

■

§ 585.14

Definitions.

*

*
*
*
*
(c) Phase three of the advanced air
bag reporting requirements of Standard
No. 208 refers to the requirements set
forth in S14.6 and S14.7 of Federal
Motor Vehicle Safety Standard No. 208,
49 CFR 571.208.
*
*
*
*
*
■ 5. Section 585.15 is amended by
adding new paragraph (b)(3) and
revising paragraph (d) to read as
follows:
§ 585.15

Reporting requirements.

*

*
*
*
*
(b) * * *
(3) Within 60 days after the end of the
production years ending August 31,
2010, August 31, 2011, and August 31,
2012, each manufacturer shall submit a
report to the National Highway Traffic
Safety Administration regarding its
compliance with phase three of the
advanced air bag requirements of
Standard No. 208 for its vehicles
produced in that production year. The
report shall provide the information
specified in paragraph (d) of this section
and in § 585.2 of this part.
*
*
*
*
*
(d) Phase-in report content.
(1) Basis for phase-in production
requirements. For production years
ending August 31, 2003, August 31,
2004, August 31, 2005, August 31, 2007,
August 31, 2008, August 31, 2009,
August 31, 2010, and August 31, 2011,
each manufacturer shall provide the
number of vehicles manufactured in the
current production year, or, at the
manufacturer’s option, for the current
production year and each of the prior
two production years if the
manufacturer has manufactured
vehicles during both of the two
production years prior to the year for
which the report is being submitted.
(2) Production of complying vehicles.
Each manufacturer shall report for the
production year for which the report is
filed the number of vehicles, by make
and model year, that meet the
applicable advanced air bag
requirements of Standard No. 208, and

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51779

to which advanced air bag requirements
the vehicles are certified. Provide this
information separately for phase two
and phase three of the advanced air bag
reporting requirements.
■ 6. Section 585.16 is revised to read as
follows:
§ 585.16

Records.

Each manufacturer shall maintain
records of the Vehicle Identification
Number of each vehicle for which
information is reported under
§ 585.15(c)(1) until December 31, 2011.
Each manufacturer shall maintain
records of the Vehicle Identification
Number of each vehicle for which
information is reported under
§ 585.15(d)(2) until December 31, 2013.
Issued: August 23, 2006.
Nicole R. Nason,
Administrator.
[FR Doc. 06–7225 Filed 8–30–06; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060621176–6219–02; I.D.
052306A]
RIN 0648–AU50

Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Great South Channel Scallop
Dredge Exemption Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:

SUMMARY: NMFS issues this final rule to
modify the regulations implementing
the Northeast (NE) Multispecies Fishery
Management Plan (FMP) to allow
vessels issued either a General Category
Atlantic sea scallop permit or a limited
access sea scallop permit, when not
fishing under a scallop days-at-sea
(DAS) limitation, to fish for scallops
with small dredges (combined width not
to exceed 10.5 ft (3.2 m)) within the
Great South Channel Scallop Dredge
Exemption Area. This final rule
responds to a request from the fishing
industry to add this area to the list of
exempted fisheries. The intent of this
action is to allow small scallop dredge
vessels to harvest scallops in a manner
that is consistent with the bycatch
reduction objectives of the FMP.
DATES: Effective August 31, 2006.

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