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[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Rules and Regulations]
[Pages 250-265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30985]

[[Page 250]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 572

[Docket No. NHTSA-2024-0093]
RIN 2127-AM13

Anthropomorphic Test Devices, HIII 5TH Percentile Female Test 
Dummy; Incorporation by Reference

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This document revises the chest jacket and spine box 
specifications for the Hybrid III 5th Percentile Female Test Dummy 
(HIII-5F). The jacket revisions resolve discrepancies between the 
jacket specifications in subpart O and jackets available in the field, 
and ensure a sufficiently low level of variation between jackets 
fabricated by different manufacturers. The spine box revisions 
eliminate a source of signal noise caused by fasteners within the box 
that may become loose during sled or vehicle crash tests. This 
rulemaking responds to a petition for rulemaking from the Alliance of 
Automobile Manufacturers.

DATES: Effective date: This rule is effective on February 18, 2025.
    IBR date: The incorporation by reference of certain material listed 
in the rule is approved by the Director of the Federal Register as of 
February 18, 2025.
    Petitions for reconsideration: Petitions for reconsideration for 
this final rule must be received no later than February 18, 2025.

ADDRESSES: You may submit comments identified by the docket number in 
the heading of this document or by any of the following methods:
     Petitions for reconsideration of this final rule must 
refer to the docket and notice number set forth above and be submitted 
to the Administrator, National Highway Traffic Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590. Note that all 
petitions received will be posted without change to 
www.regulations.gov, including any personal information provided.
     Confidential Business Information: If you wish to submit 
any information under a claim of confidentiality, you should submit 
your complete submission, including the information you claim to be 
confidential business information, to the Chief Counsel, NHTSA, at the 
address given under FOR FURTHER INFORMATION CONTACT. In addition, you 
should submit a copy, from which you have deleted the claimed 
confidential business information, to Docket Management at the address 
given above. When you send a submission containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation (49 CFR part 512). Please see further 
information in the Regulatory Notices and Analyses section of this 
preamble.
     Privacy Act: The petition will be placed in the docket. 
Anyone is able to search the electronic form of all documents received 
into any of our dockets by the name of the individual submitting the 
comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19476) or you may visit www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. In accordance 
with 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its decision-making process. DOT posts these comments, without 
edit, including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.transportation.gov/privacy. 
In order to facilitate comment tracking and response, we encourage 
commenters to provide their name, or the name of their organization; 
however, submission of names is completely optional. Whether or not 
commenters identify themselves, all timely comments will be fully 
considered.
     Docket: For access to the docket to read background 
documents or comments received, go to www.regulations.gov at any time 
or the street address listed above. Follow the online instructions for 
accessing the dockets.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact 
Mr. Garry Brock, Office of Crashworthiness Standards; phone: (202) 366-
6198. For legal issues, you may contact Ms. K. Helena Sung, Office of 
Chief Counsel; phone: (202) 366-2992. The mailing address of these 
officials is: National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Background
    a. Rulemaking History
    b. Chest Jacket
    c. Spine Box
III. Summary of the Final Rule
IV. Post-NPRM Measurement and Analysis
V. Response to Comments
    a. Dimensional Targets and the Use of Mandrel
    b. Certification
    c. Annual Inspection Specification
    d. Other Measurement Device
    e. Spine Box
    f. Sample Size
VI. Changes to Drawing Package and PADI
VII. Housekeeping Amendments
VIII. Lead Time
IX. Regulatory Analyses and Notices

I. Executive Summary

    This final rule finalizes changes to the Hybrid III 5th percentile 
adult female (HIII-5F) anthropomorphic test device (ATD or crash test 
dummy or dummy). The HIII-5F is used in frontal compliance crash tests 
and air bag static deployment tests, certification to which is required 
for certain vehicles by Federal Motor Vehicle Safety Standard (FMVSS) 
No. 208, Occupant crash protection. The dummy is described in 49 CFR 
part 572, subpart O.
    Among other things, subpart O incorporates by reference several 
documents that specify the physical make-up of the dummy. This document 
finalizes changes to the chest jacket and spine box specifications to 
address issues with the fit and availability of the jacket and a noise 
artifact from the spine box. Today's rulemaking responds to the 
Alliance of Automobile Manufacturer's (the Alliance) 2014 petition for 
rulemaking.\1\
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    \1\ Letter from Scott Schmidt, Alliance, to NHTSA (February 21, 
2014). The Alliance consisted of: BMW Group; Chrysler Group LLC; 
Ford Motor Company; General Motors Company; Jaguar Land Rover; 
Mazda; Mercedes-Benz USA; Mitsubishi Motors; Porsche; Toyota; 
Volkswagen Group of America; and Volvo Cars.
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Chest Jacket

    The chest jacket is a sleeveless foam-filled vinyl zippered jacket 
that represents human flesh, including female breasts. The chest jacket 
may need to be replaced because it can shrink or otherwise fall out of 
specification or wear out with age. Since the introduction of the HIII-
5F into part 572 in 2000, none of the jackets that were manufactured 
met the jacket specifications specified in part 572. Since around 2006, 
NHTSA, in its own compliance tests, has used the brand of dummy and 
jacket (either First Technology Safety Systems (FTSS) or Denton ATD 
(Denton)) used by the

[[Page 251]]

vehicle manufacturer to certify the vehicle. However, these FTSS and 
Denton jackets are no longer being manufactured; manufacturers (or test 
laboratories) and NHTSA have, or will soon, run out of these jackets. 
In 2013, SAE \2\ published an information report for the HIII-5F chest 
jacket, SAE J2921 JAN2013, H-III5F Chest Jacket Harmonization, 
describing a new jacket compatible with FTSS and Denton dummies.
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    \2\ The Society of Automotive Engineers (now SAE International). 
SAE is an organization that develops technical standards based on 
best practices.
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    The NPRM proposed to adopt the jacket specifications described in 
SAE J2921, as well as a few additional specifications. We believed that 
chest jackets that have been and are being manufactured to the SAE 
J2921 design would also conform to the proposed specifications. NHTSA 
also believed that additional specifications were necessary to ensure a 
sufficient level of uniformity between jackets produced by different 
manufacturers when other manufacturers enter the market, and to prevent 
the variances in jacket designs that were problematic in the past from 
reoccurring. Based on NHTSA's testing, the agency concluded that 
dummies fitted with chest jackets that satisfy the proposed 
specifications would perform equivalently to dummies fitted with the 
FTSS or Denton jackets that were previously used. A benefit of 
standardized jacket specifications would be that the agency would no 
longer have to maintain chest jackets of different designs and take 
steps to match the compliance test jacket with that specified by the 
vehicle manufacturer, thereby providing more objective test results.

Spine Box

    The spine box is the dummy's steel backbone. It is located in the 
dummy's thorax, which consists of six bands that simulate human ribs. 
Since the mid-2000s, industry and NHTSA have been aware of a signal 
noise artifact in the signals from the accelerometers in the thorax 
during sled and crash tests originating in the spine box. The source of 
the noise is fasteners that become loose during normal use. In 2011 SAE 
published an information report for a spine box modification (SAE J2915 
AUG2011, H-III5F Spine Box Update to Eliminate Noise).
    We proposed to adopt the SAE J2915 modification. The proposed 
revisions would add plates to the side of the spine box, with bolts 
countersunk into the plate to remove any play from the assembly. The 
modification would not affect or change the dummy's performance in any 
way (other than eliminate the potential for noise). The improved spine 
box would address a shortcoming in the ATD's design that had to be 
addressed by end users disassembling the dummy, re-torquing the 
relevant fasteners by hand before each test, and re-qualifying the 
dummy as needed. The improved spine box would increase the quality of 
data and reduce maintenance and testing time.

Summary of Final Rule

    NHTSA received comments from Humanetics Innovative Solutions, Inc. 
(HIS), the Alliance for Automotive Innovation (the Alliance), and Ms. 
Sial (an individual commenter). All commenters were generally 
supportive of the NPRM, with a few measurement specification 
recommendations.
    The final rule adopts most of the NPRM's proposed specifications, 
with minor changes to ensure a sufficiently low level of variation 
among jackets based on analysis of post-NPRM measurement data and 
commenters' data. For the jacket, the agency updates the values of some 
dimensions to reflect more closely the larger pool of measurement data 
acquired since the NPRM. We also increase the dimensional tolerances in 
several places because the proposed tolerances were unnecessarily 
small. Additionally, a limited number of dimensions are revised to 
become ``reference only'' dimensions (which are useful during 
inspections) because the larger pool of data revealed that there were 
not consistent reference measurement points associated with them. For 
the spine box, the final rule adjusts the mass specification slightly 
to reflect a small increase in mass due to the material that is added.
    Furthermore, the rule's effective date is 45 days after the final 
rule's publication date. The final rule change is not intended to 
impose new requirements on vehicle manufacturers. We believe currently 
manufactured chest jackets meet the SAE J2921 specifications and meet 
the finalized specifications. We also believe that the parts to 
implement the spine box fix are available, as are newly manufactured 
replacement spine boxes that incorporate the fix. Manufacturers wishing 
to test with the finalized jacket and spine box should have no 
difficulty obtaining the necessary parts.
    The costs associated with this rulemaking are limited to those 
associated with acquiring new dummy parts. We conclude that the 
finalized changes would not necessitate the purchasing of any parts 
that would not have been purchased in the normal course of business in 
the absence of the finalized changes. This final rule is not 
significant and was not reviewed by the Office of Management and Budget 
under E.O.12866.

II. Background

a. Rulemaking History

    In 2014, the Alliance petitioned NHTSA to incorporate the new SAE 
jacket into part 572 per SAE Information Report J2921 and revise the 
spine box as described in SAE Information Report J2915.\3\ NHTSA 
subsequently sent a letter to the Alliance asking for clarification on 
several points. The Alliance responded to NHTSA's request with a 
supplemental letter dated May 11, 2015.\4\ NHTSA granted this petition.
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    \3\ Letter from Scott Schmidt, Alliance, to NHTSA (February 21, 
2014).
    \4\ Letter from Scott Schmidt, Alliance, to NHTSA (May 11, 
2015).
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    On December 26, 2019, NHTSA published a NPRM (84 FR 70916) to 
revise the chest jacket and spine box specifications for the Hybrid III 
5th Percentile Female Test Dummy (HIII-5F) set forth in Part 572--
Anthropomorphic Test Devices. NHTSA proposed to adopt the jacket 
specifications described in SAE J2921, as well as several additional 
specifications for the jacket's contour that are not contained in SAE 
J2921.
    The NPRM comment period closed on February 24, 2020. HIS requested 
a ninety-day extension to the NPRM comment period to collect data 
regarding the proposed additional chest jacket specifications while 
also ensuring a sufficient sample size.\5\ On June 2, 2020, the agency 
extended the comment period until August 3, 2020 (85 FR 33617). NHTSA 
also published a set of instructions on how to record jacket 
measurements in the rulemaking docket.\6\ The instructions were written 
for lab technicians to record the jacket measurements. They were the 
same jacket measurements as those proposed in the NPRM but conveyed in 
more comprehensible format than in the NPRM. After the extended comment 
period in August 2020, HIS and the Alliance submitted additional 
measurement data and recommendations to the NPRM.
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    \5\ NHTSA-2019-0023-004.
    \6\ NHTSA-2019-0023-007.
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    After issuing the NPRM, NHTSA continued to collect measurement data 
on newly purchased jackets to check whether the dimensions and 
tolerances proposed were being met by SAE jackets already in the field. 
For the final rule, the agency also examined all

[[Page 252]]

measurement data provided by the commenters.

b. Chest Jacket

    The HIII-5F chest jacket is a sleeveless foam-filled vinyl zippered 
jacket that represents human flesh, including female breasts. The chest 
jacket is zipped onto the underlying dummy and covers the entire 
thorax, including the shoulder assembly. The HIII-5F was added to part 
572 in 2000.\7\ The HIII-5F is used in frontal compliance crash tests 
and air bag static deployment tests, certification to which is required 
for certain vehicles by FMVSS No. 208, Occupant crash protection.
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    \7\ 65 FR 10968 (March 1, 2000).
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    The HIII-5F dummy is described in 49 CFR part 572, subpart O. This 
subpart contains regulatory text describing the qualification 
procedures and requirements for the dummy. Subpart O also incorporates 
several other documents by reference. Those documents describe the 
physical make-up of the dummy, and include a parts list, a set of 
engineering drawings, and a document entitled, Procedures for Assembly, 
Disassembly, and Inspection (PADI).\8\
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    \8\ These documents can be found in Docket NHTSA-2000-6940 
(available at www.regulations.gov).
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    The NPRM proposed changes to the chest jacket specifications to 
address known issues with the shape and availability of the jacket.
Existing Jackets Do Not Meet the Current Part 572 Specifications
    The chest jacket, along with the HIII-5F, was developed under the 
auspices of SAE. When subpart O was created in 2000, jackets for the 
HIII-5F were being produced solely by FTSS. Soon thereafter, Applied 
Safety Technologies Corporation, which later became Denton, began to 
manufacture HIII-5F dummies and jackets.
    The jackets FTSS and Denton produced did not conform to all aspects 
of the part 572 specifications; in addition, jackets produced by each 
manufacturer differed from those produced by the other.\9\ The 
differences between the FTSS and Denton jackets, and between those 
jackets and the part 572 specifications, are the result of a variety of 
factors. For one, the subpart O jacket drawing, which consists of two 
sheets, contains errors and ambiguities. The dimensions for the breast 
locations are not consistent between the two sheets, and the overall 
shape is not consistent, either. These inconsistences and ambiguities 
contributed to dimensional differences between the FTSS and Denton 
jackets.
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    \9\ Both Transport Canada and the Alliance found dimensional 
differences between the two brands of jackets. The 2019 NPRM (84 FR 
70916) provides more details on the specific differences and 
manufacturing design choices contributing to the discrepancies.
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    In 2003, FTSS submitted a petition for rulemaking to revise the 
jacket dimensions to correspond to the dimensions of the jackets then 
being produced by FTSS.\10\ NHTSA denied this petition.\11\ The agency 
stated that while dummies with the FTSS and Denton jackets performed 
somewhat differently from dummies with jackets that conformed with the 
part 572 specifications, the dimensional differences did not have a 
significant effect on dummy performance as long as the seat belt was 
properly positioned.\12\
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    \10\ Letter from FTSS to NHTSA (dated December 30, 2003).
    \11\ 71 FR 45427 (August 9, 2006).
    \12\ Id. See also letter from FTSS to NHTSA (August 28, 2006).
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    However, studies of the jacket by Transport Canada and the Alliance 
in the mid-2000s found that FTSS and Denton dummies performed 
differently in the types of testing specified in FMVSS No. 208.\13\ 
FMVSS No. 208 specifies a variety of different dynamic (crash) and 
static (out-of-position) requirements using the HIII-5F.\14\
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    \13\ Transport Canada's research found that the FTSS and Denton 
dummies performed differently with respect to chest deflection in 
both full-scale rigid barrier crash tests and in out-of-position 
testing. Suzanne Tylko et al., 2006, The Effect of Breast 
Anthropometry on the Hybrid III 5th Female Chest Response, Stapp Car 
Crash Journal, Vol. 50 (November 2006), p. 390. The Alliance 
similarly reported research by vehicle manufacturers. Letter from 
the Alliance (January 31, 2006), p. 1, 8-9. In 2005 the Alliance 
presented these issues to NHTSA and documented them in a 2006 
letter. See also Tylko et al., 2006, A Comparison of Hybrid III 5th 
Female Dummy Chest Responses in Controlled Sled Trials, SAE 
Technical Paper Series, 2006-01-0455.
    \14\ See, e.g., FMVSS No. 208 S15 (rigid barrier test 
requirements); S25 (out-of-position requirements).
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Development of the SAE J2921 Jacket Specifications (SAE Jacket)
    These differences between the FTSS and Denton jackets led SAE, in 
2006, to establish a task force to develop a harmonized jacket 
compatible with both companies' versions of the HIII-5F jacket (for 
ease of reference, referred to in this document as the ``SAE jacket'').
    In 2010, FTSS and Denton merged to form HIS. The merger meant that 
HIS became the only significant dummy manufacturer and what had begun 
as an effort to specify the design of a ``harmonized'' jacket became an 
effort for HIS to simply design and produce a jacket that could fit 
existing Denton and FTSS dummies as well as newly manufactured HIS 
dummies.
    SAE published an information report for the harmonized jacket in 
2013 (SAE J2921 JAN2013 supra). An update to this information report 
was published in March 2023 (SAE J2921 MAR2023). This update does not 
alter any of the technical specifications. The J2921 jacket is 
currently offered for sale by HIS and JASTI-USA, Inc., the U.S. 
affiliate of JASTI Co., LLC, a manufacturer of dummies and test 
equipment headquartered in Japan.
NHTSA Enforcement Policy To Address Chest Jacket Issues
    The discrepancies among the available jackets brands (principally 
from FTSS and Denton) can lead to different compliance test results 
with different jackets. In 2006, the Alliance requested that NHTSA, in 
its compliance testing program, use the same dummy brand (Denton or 
FTSS) the vehicle manufacturer used in its certification of a 
particular make/model. NHTSA adopted this requested practice.
    Recent events render this approach of maintaining both FTSS and 
Denton jackets obsolete and necessitate further action by NHTSA. After 
the merger of FTSS and Denton, HIS indicated that it would maintain 
production of the FTSS and Denton brand versions of the jackets so that 
they could be used as spare parts on the existing FTSS and Denton 
dummies.\15\ However, in 2015 HIS discontinued production of the 
original FTSS and Denton chest jacket designs and now sells only the 
SAE jacket, identified as part number 880105-355-H.\16\
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    \15\ The Brand Harmonization of the Hybrid III 5th Small Female 
Crash Test Dummy 880105-000, The ATD Harmonization Task Group, 
Humanetics Innovative Solutions, Inc., July 2012.
    \16\ Identified as part number 880105-355-H. This is the part 
number of the engineering drawing of the jacket that appears in SAE 
J2921. Hybrid-III 5th Small Female Dummy, 880105-000-H Brand 
Harmonized Parts Catalog, Humanetics Innovative Solutions, Inc., 
August 2018.
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    Over the past few years, NHTSA has received requests from several 
vehicle manufacturers for NHTSA to conduct its compliance tests using 
the SAE jacket. NHTSA has asked manufacturers to identify the jacket 
(Denton, FTSS or SAE) for NHTSA to use in its compliance testing. 
However, because chest jackets shrink or otherwise fall out of 
specification or wear out with age, NHTSA's stock of FTSS and Denton 
jackets is running out, and NHTSA has only a limited supply. The 
Alliance has informed NHTSA that its members are facing the same issue. 
Thus, the issues of jacket availability and which jacket designs are 
acceptable for use in compliance tests have become more urgent.

[[Page 253]]

Testing of the SAE Jacket \17\
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    \17\ See 2019 NPRM Section IV (84 FR 70921-70922) for a more 
detailed summary of NHTSA and industry evaluation of the chest 
jacket.
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    The development of the SAE jacket included was a preliminary jacket 
in 2011 and then a final version in 2013. NHTSA and others tested both 
versions of the SAE jackets to assess ATD performance with the new 
components.
    The studies compared the dimensions of the jackets and evaluated 
the performance of dummies fitted with the jackets in different tests 
(sled tests, out-of-position tests, and some of the subpart O 
qualification tests). The studies found that dummies fitted with SAE-
designed jackets (both the 2011 and 2013 versions) performed 
essentially the same as dummies fitted with pre-existing FTSS and 
Denton (non-SAE) jackets with respect to dummy injury metrics and other 
responses (with one exception). While some common refurbishment may be 
needed when fitting the jacket onto an older dummy, the tests 
demonstrated that once an older dummy was retrofitted with a new J2921 
jacket, all parts on the dummy conformed dimensionally to the proposed 
subpart O engineering drawings.
Proposed Modifications
    In the NPRM, NHTSA proposed to amend the chest jacket 
specifications in subpart O's regulatory text to incorporate by 
reference new versions of the drawing package, parts list and PADI. The 
proposed changes reflect the J2921 jacket design in which the breast 
contours are blended more gradually into the torso, compared to the 
current subpart O design where the breast contours are more sharply 
defined.
    NHTSA proposed to adopt the specifications in SAE J2921 (Figures 4-
6 in SAE J2921, which are engineering drawings of the SAE jacket 
design). However, we also proposed adding additional specifications for 
the jacket's contour that are not contained in SAE J2921. Our proposed 
additional specifications for the jacket's contour adds breadth, depth, 
and circumference dimensions at different section levels of the jacket 
on the main assembly drawing of the dummy (880105-000, Rev. N, Sheet 
5). Dimensions are specified for a jacket fitted/worn on a dummy, i.e., 
measurements would be recorded on the jacket as fitted/worn on a dummy 
positioned on the same flat-back bench as what is currently shown on 
880105-000, Rev. N, Sheet 5. The additional dimensional specifications 
were intended to define the outer shape of the thorax and to preclude 
belt routing discrepancies. The information included additional views 
of the chest jacket at various cross sections.
    In the NPRM, NHTSA tentatively concluded that the proposed jacket 
specification would ensure uniformity in the form, fit, and function of 
the HIII-5F. We also tentatively concluded that the proposed jacket 
specifications would encompass existing jackets that have been built to 
the SAE J2921 specifications; the proposed specifications were 
developed in light of such existing jackets.

c. Spine Box

    The spine box of the HIII-5F is the dummy's steel backbone. It is 
located in the dummy's thorax, which consists of six bands that 
simulate human ribs. The bands are made of spring steel, and a thick 
layer of graphite is bonded to each band to provide damping when the 
bands are deflected, thus giving them humanlike properties. On the 
posterior aspect of the thorax, the bands are affixed to the spine box. 
The spine box is currently specified in the parts and drawings document 
in drawings 880105-1000, and SA572-S28 with call-outs in 880105-300 and 
the PADI (p. 21).
    In the mid-2000s, the SAE Task Force began an effort--in parallel 
with its efforts on the chest jacket--to find and eliminate a source of 
signal noise that sometimes emanated from the HIII-5F spine box. 
Alliance members determined that the noise was caused by loosening of 
six socket head cap screws attaching the spine box to the lower spine. 
Due to a design shortcoming, repeated crash testing loosened the screws 
so that they rattled against the inner walls of the through holes. This 
rattling led to artifacts in the signals of the accelerometers in the 
thorax during sled and crash tests. The problem affected FTSS and 
Denton units alike. Testing laboratories have been addressing this 
problem by disassembling the dummy and inspecting and tightening the 
screws routinely.
    As a long-term solution, SAE developed an alteration to improve the 
spine box. Specifically, it recommended adding plates to the side of 
the spine box, with bolts countersunk into the plate to remove any play 
from the assembly. The alteration prevents the screws from loosening 
and eliminates the signal noise. NHTSA and others tested the new spine 
box fix as it was being developed. In 2011 SAE published an information 
report for the spine box modification (SAE J2915 AUG2011). This 
information report was revised in May 2022 (SAE J2915 MAY2022). The 
updated information report does not contain any technical changes to 
the design and focuses on minor formatting and typographical changes.
Spine Box Testing
    NHTSA's 2011 study and the SAE task force \18\ showed that the 
spine modification had completely eliminated the noise emanating from 
the chest without affecting the response of the dummy in any other way. 
The study found that the spine boxes manufactured by different 
manufacturers were identical, suggesting that the spine box alterations 
are sufficiently specified. The study also concluded that the spine box 
was durable (did not loosen over repeated testing).
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    \18\ Reported in SAE J2915.
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Proposed Modifications
    In the NPRM, NHTSA proposed to change the spine box specifications 
to permanently fix the signal noise problem. The new versions of the 
drawing package, parts list, and PADI proposed for incorporation by 
reference include the SAE J2915 (Jan 2011) \19\ specifications for the 
improved spine box. The proposed revisions would add plates to the side 
of the spine box, with bolts countersunk into the plate to remove any 
play from the assembly. The modification would increase the quality of 
data and reduce maintenance and testing time. The modification would 
not affect or change the dummy's performance in any way (other than 
eliminate the potential for noise).\20\
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    \19\ At the time of the NPRM, the most current SAE J2915 was the 
January 2011 version. Since the NPRM publication, this information 
report was revised in May 2022 (SAE J2915 May2022). The updated 
information report does not contain any technical changes to the 
design, and focuses on minor formatting and typographical changes.
    \20\ We note that the current subpart O ATD can be a valid test 
dummy without installing the new spine box, i.e., users can address 
the signal noise problem by disassembling the dummy and inspecting 
and tightening the screws by hand on a routine basis. However, NHTSA 
believes that these efforts must be taken regularly to ensure that 
the ATD's thoracic data are not affected by the spine box signal 
noise, and that test evaluators should carefully review test data 
for signs of artifacts in the signals of the thorax accelerometers. 
As an alternative to checking bolt tightness on existing units or 
replacing the entire spine box, end-users, at their discretion, may 
opt to modify (rather than replace) their dummy's spine box as 
prescribed by SAE J2915. However, NHTSA's proposal does not include 
specifications for the modification.
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III. Summary of the Final Rule

    After analysis of post-NPRM measurement data and commenters' data, 
this final rule adopts most of the NPRM's proposed specification with 
minor changes to ensure a sufficiently

[[Page 254]]

low level of variation between jackets fabricated by different 
manufacturers. The final rule revises the chest jacket and spine box 
specifications in subpart O that correct previous errors and 
ambiguities. A summary of the engineering changes is outlined in 
section VI and a full discussion of the engineering changes to the 
HIII-5F dummy, as discussed in this final rule, is found in a separate 
document docketed.\21\
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    \21\ Engineering Changes, Revision K, Hybrid III 5th Percentile 
Female Test Dummy, Part 572, Subpart O, Changes to: Parts List, 
Engineering Drawing Package, Procedure for the Assembly, 
Disassembly, and Inspection (PADI), Subpart O Regulatory Text, 
National Highway Traffic Safety Administration, January 2023.
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    For the jacket, the agency updates the values of some jacket 
dimensions to reflect more closely the larger pool of measurement data 
acquired since the NPRM. We also increase the dimensional tolerances in 
several places because the proposed tolerances were unnecessarily 
small. Additionally, a limited number of dimensions are revised to 
become ``reference only'' dimensions (which are useful during 
inspections) because the larger pool of data revealed that there were 
not consistent reference measurement points associated with them. Such 
``reference only'' measurements are not required to be met by a 
compliant dummy. The additions and changes to the NPRM specifications 
will ensure uniformity in the form, fit, and function of the HIII-
5F.\22\
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    \22\ A full discussion of the data collected and updates made to 
the jacket dimensions and tolerances is described in a separate 
document docketed, Post-NPRM Analysis, HIII 5th Percentile Female 
Test Dummy Final Rule, Appendix B, Chest Jacket Analysis.
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    For the spine box, NHTSA adjusts the mass specification slightly to 
reflect additional material that is added. No other changes are made 
for the spine box outside of the modification of the mass 
specification.\23\
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    \23\ A full discussion of the data collected, and updates made 
to the thorax weight, can be found in separate docketed document in 
Post-NPRM Analysis, HIII 5th Percentile Female Test Dummy Final Rule 
Appendix A, Spine Box Analysis.
---------------------------------------------------------------------------

    Consistent with the NPRM, NHTSA has decided not to incorporate the 
mandrel \24\ or the fit check procedure outlined in J2921. This final 
rule's updates to subpart O provide the necessary dimensions for the 
jacket. If there is a concern regarding shrinking of the jacket, 
measurements can be taken to confirm dimensionality. It would be up to 
the individual measurement taker whether to utilize the mandrel as part 
of the jacket fit check. In the Alliance's supplemental submission to 
NHTSA, the Alliance clarified that it was not requesting that the 
agency specify use of the mandrel. In the NPRM, the agency tentatively 
decided not to incorporate the mandrel or the fit check procedure 
outlined in J2921 and asked for comments on the mandrel. Commenters 
recommended using the mandrel when taking measurements of the jacket 
dimensions. NHTSA disagrees with the need to include a mandrel. Both 
the NPRM and post-NPRM analyses have been shown to meet the dimensional 
requirements by recording measurements on unworn jackets that were set 
up in the specified configuration without use of the mandrel. We 
recognize that when the proposed jacket is used on an existing dummy, 
the dummy may require some amount of re-tuning or refurbishment to pass 
the part 572 subpart O qualifications tests, but this need is common 
when worn parts are replaced. As SAE mentioned, the mandrel was 
intended to be used only to test the fit of the jacket as the jacket 
ages. As such, the mandrel can be used as an optional inspection 
device.
---------------------------------------------------------------------------

    \24\ SAE J2921 describes a mandrel to assess the fit of the 
jacket. Because jackets tend to shrink over time, the mandrel was 
developed to assess jacket fit as it ages.
---------------------------------------------------------------------------

    Overall measurement data confirms that the proposed and final rule 
jacket specifications encompass existing jackets that have been built 
to the SAE J2921 specifications. Therefore, the final rule effectively 
remains the same as the proposed rule.

IV. Post-NPRM Measurement and Analysis

    After the NPRM publication, NHTSA continued to collect measurement 
data on newly purchased jackets to check whether the dimensions and 
tolerances proposed (including those derived from J2921 drawings and 
the new section dimensions added by NHTSA) were being met by SAE 
jackets already in the field. We also examined all measurement data 
provided by the commenters. Here, we provide a summary of the 
measurement and final rule changes. A full discussion of the process 
and the data collected can be found in a separate document being placed 
in the docket for this rulemaking.\25\
---------------------------------------------------------------------------

    \25\ Post NPRM Analysis, HIII 5th Percentile Female Test Dummy 
Final Rule, Appendix B--Chest Jacket Analysis.
---------------------------------------------------------------------------

    In defining the jacket in the NPRM, we proposed ``unworn'' 
dimensional requirements and ``worn'' dimensional requirements. The 
``unworn'' dimensional measurements are taken on the jacket as a 
standalone component on the benchtop, while the ``worn'' measurements 
are taken on the underlying dummy. Additional measurements were 
included to our pool of ``worn'' and ``unworn'' data.\26\ From this 
body of data, the final rule largely adopted the proposal with adjusted 
dimensions and tolerances to ensure that jackets in the field achieve 
an acceptable degree of conformity while still assuring a high level of 
uniformity.
---------------------------------------------------------------------------

    \26\ Id. at 25.
---------------------------------------------------------------------------

    For the ``unworn'' requirements, we are replacing the old, 2002 
part 572 subpart O engineering drawings of the jacket with new drawings 
based on the drawings contained within SAE J2921. For the ``worn'' 
requirements, we specify additional dimensional requirements for the 
jacket's contours that are not contained in SAE J2921. They include 
dimensions for the jacket's breadth, depth, and circumference at 
different section levels. Detailed specification changes are described 
in the January 2023 Engineering Changes document.\27\
---------------------------------------------------------------------------

    \27\ Id. at 21. Engineering Changes, Revision K, Hybrid III 5th 
Percentile Female Test Dummy, Part 572, Subpart O, Changes to: Parts 
List, Engineering Drawing Package, Procedure for the Assembly, 
Disassembly, and Inspection (PADI), National Highway Traffic Safety 
Administration, January 2023.
---------------------------------------------------------------------------

``Unworn'' Measurements

    The drawings containing the ``unworn'' measurements have several 
updates to account for a larger set of data.\28\ Updates have also been 
made to create reference dimensions for some measures. Review of the 
data provided in comments to the NPRM revealed that HIS had not 
reported all of the dimensional measurements of the jacket. Of the 
``unworn'' dimensional data that HIS reported, HIS data were shown to 
be within the tolerances specified closely with the final rule.\29\ In 
other words, the additional NHTSA measurements and the October HIS 
data, when viewed independently, both confirm each other.
---------------------------------------------------------------------------

    \28\ Id. at 25.
    \29\ Id. at 25.
---------------------------------------------------------------------------

    The shape and configuration of the jacket defined in the final rule 
is identical to that of the engineering drawing contained within SAE 
J2921. As noted previously, NHTSA's engineering drawing incorporates 
several additional ``unworn'' dimensions that are needed to fully 
specify the jacket and preclude variations between future jackets 
fabricated by different manufacturers. NHTSA's additional dimensional 
requirements include arm hole

[[Page 255]]

specifications and reference (ref) dimensions for the breast location.

``Worn'' Measurement

    The ``worn'' dimensional requirements have four section levels 
specified for the jacket when fitted on the underlying HIII-5F dummy 
positioned on the same flat-back bench as what is currently shown on 
880105-000, Rev. J, Sheet 5. The dimensional specifications define the 
outer shape of the thorax to preclude belt routing discrepancies that 
were the source of the thorax deflection differences described above. 
The requirements are also needed to ensure a sufficiently low level of 
variation between future jackets fabricated by different manufacturers.
    The final rule updates the tolerances for the breadth and 
circumference measurements. With a few exceptions, all existing new SAE 
jackets were demonstrated to be within the dimensional requirements in 
the final rule. The final rule demonstrates that current SAE jackets 
now in the field conform to the new subpart O dimensional requirements. 
However, the final rule does not guarantee that all new jackets will 
fit properly on all underlying HIII-5F units. Similar to all other 
device measurements, diligence is needed to select a jacket for a 
particular dummy to ensure that all jacket-on-dummy requirements are 
met. NHTSA reviewed the provided data from HIS regarding the ``worn'' 
measurements and noted some recurring inconsistencies with NHTSA's own 
data.\30\
---------------------------------------------------------------------------

    \30\ A further discussion and analysis of the provided data is 
shown in Appendices B and C of the Post-NPRM Analysis, HIII 5th 
Percentile Female Test Dummy Final Rule, a separately docketed 
document.
---------------------------------------------------------------------------

V. Response to Comments

    In the NPRM, we sought comment on the proposed specifications, 
including the dimensions not specified in the SAE J291 report. We 
sought information and data on whether existing jackets built to SAE 
J2921 on existing dummies will meet the proposed specifications. NHTSA 
also sought comment on what (if any) additional information, such as 
tolerance specifications, is needed to fully specify the jacket to 
ensure that jackets produced by different manufacturers perform 
equivalently. We also sought comment on the proposed approach of 
specifying dimensions for the jacket as fitted on a dummy, including 
whether additional subpart O qualification tests are necessary.
    Section IV addresses the specific dimensional specifications based 
on post-NPRM measurement data analysis. This section will focus on the 
commenters' specific approach of specifying jacket dimensions. Further 
discussion of the comments can be found in a separately docketed 
document.\31\
---------------------------------------------------------------------------

    \31\ Post-NPRM Analysis, HIII 5th Percentile Female Test Dummy 
Final Rule, Appendix C--Response and Analysis of Comments Received.
---------------------------------------------------------------------------

a. Dimensional Targets and the Use of Mandrel

    The mandrel was developed and described in the SAE information 
report (SAE J2921) describing the harmonized jacket. In the SAE report, 
it was noted that the jackets tend to shrink over time. The mandrel was 
developed to assess jacket fit as it ages. There are reference marks on 
the back, bottom, and top of the mandrel that serve as indicators that 
the jacket has shrunk to the point where a replacement is recommended.
    In the NPRM, NHTSA considered the need for the mandrel and 
tentatively decided not to incorporate the mandrel in the fit check 
procedure outlined in SAE J2921, but did request comment.
Comment
    In response to the NPRM, comments recommended a new use of the 
mandrel, outside of the initial design. Both HIS and the Alliance 
commented that the mandrel should be incorporated and used for taking 
dimensional measurements of the jacket. Concerns were raised regarding 
some of the measurements to be taken when the jacket is zipped onto the 
underlying dummy (worn) and difficulty in reliably obtaining those 
measurements. These concerns were based on the need to measure the 
jacket and obtain dimensional measurements within the tolerances. 
Commenters recommended the use of the mandrel as a tool to constrain 
the torso and take all measurements on/with the mandrel. The commenters 
noted that the mandrel would provide a repeatable means to set up the 
jacket for dimensional measurement. Commenters cited a need to have the 
mandrel to ensure jacket measurement consistency and cited poor Gage 
repeatability and reproducibility when the mandrel was not used.
Response
    The use of the mandrel for taking dimensional measurements of the 
jacket represents a new use for the mandrel and was not part of the 
petition for rulemaking. The Alliance's supplemental submission to 
NHTSA clarified that it was not requesting that the agency specify the 
use of the mandrel.\32\ The NPRM sought comments on the mandrel's use 
in SAE J2921. The SAE J2921 design used the mandrel for a fit check 
when the jacket has shrunk. The comments received proposed using the 
mandrel in a new way: to take dimensional measurements of the jacket in 
lieu of placing the jacket on the underlying dummy.
---------------------------------------------------------------------------

    \32\ See Letter from Scott Schmidt, Alliance, to NHTSA (Feb. 21, 
2014); Letter from Scott Schmidt, Alliance, to NHTSA (May 11, 2015).
---------------------------------------------------------------------------

    There are several technical reasons why the mandrel is not adopted 
in the final rule. Overall, NHTSA disagrees with the need for a mandrel 
to meet the final jacket measurement specifications but agrees it can 
be used as an optional inspection device. When the jacket is being 
prepared for testing, entities subject to FMVSS testing are free to use 
the mandrel as an inspection device for shrinking of the jacket or when 
configuring the unworn jacket before taking certain measurements. 
However, NHTSA will not include the mandrel in subpart O nor will it 
specify use of the mandrel.
    Based on NHTSA's overall assessment of the data provided, the 
agency believes that the ``worn'' and ``unworn'' dimensions specified 
in the final rule remain sufficient for a determination of acceptable 
jacket size, without the need for a mandrel. NHTSA was able to record 
all the measurements in both a ``worn'' and ``unworn'' state for the 
dummy within tolerances, except for a few instances.
    The purpose of an engineering drawing is to record and convey the 
dummy's requirements which is to be used in FMVSS testing. The drawings 
must include sufficient information to enable production planning, 
manufacture, assembly, testing, and inspection of individual parts and 
assemblies. The entire jacket-on-dummy assembly is specified by part 
572, not just the individual parts. The jacket itself is made of a 
flexible material that is placed over the underlying dummy. The contour 
locations of the jacket relative to a vehicle shoulder belt are 
affected by the underlying structure of the dummy. Thus, those 
dimensions are specified on the assembly drawing of the dummy, known as 
``worn'' dimensions when the jacket is fitted/zipped on the underlying 
dummy structure. It is important for the drawings to include the 
underlying dummy, to ensure that the external dimensions of the 
assembled dummy are consistent and within tolerance. Checking 
dimensional measures when the jacket is off the underlying dummy,

[[Page 256]]

even with the use of the mandrel, is not sufficient.
    In addition to exterior dimensions of the full dummy assembly, 
individual parts are also specified on separate engineering drawings. 
The part drawings specify the construction and material of the jacket. 
They also specify jacket dimensions that do not depend on the 
underlying dummy. These dimensions are referred to as the ``unworn'' 
dimensions. For the jacket, the ``unworn'' dimensions, together with 
the ``worn'' assembly dimensions, are needed to ensure uniformity of 
the dummy as a whole. A separate jacket drawing is needed, just as 
separate drawings for other parts are needed. Thus, it is appropriate 
to have dimensions for the jacket on separate jacket-only drawings in 
the ``unworn'' condition.
    NHTSA analyzed both our own data and the commenters' data. Both 
datasets have shown that the finalized specifications were achieved 
consistently within the tolerance ranges. Thus, the specifications 
ensure that current and future chest jackets will have sufficient 
uniformity. Notably, NHTSA's own measurements were recorded without the 
aid of a mandrel and still met the final rule specifications. This 
result confirms the validity of NHTSA's specifications without the use 
of mandrel. NHTSA's analysis of its post-NPRM data and commenters' 
measurement data is further detailed in section IV.
    The use of the mandrel, if implemented in subpart O, would require 
new drawings with dimensions and tolerances to properly and repeatably 
specify the mandrel. This need would likely create new discrepancies. 
While J2921 depicts a drawing of the mandrel, it does not provide 
details or dimensions on the shape of the mandrel. Also, neither J2921 
nor the commenters provided an objective fit criterion for a mandrel or 
mandrel-specific test procedure. Without the exact specification of the 
mandrel, contrary to the commenters' suggestion, the introduction of a 
new device here would create more variation for the jacket.
    NHTSA also disagrees with the commenters' use of Gage repeatability 
and reproducibility (Gage R&R) analysis as further support that a 
mandrel is needed. A gage is a device used to obtain measurement. Here, 
a mandrel is described by SAE as a fit check device, not a measurement 
device. The purpose of a Gage R&R analysis is to assess the quality of 
the measurement system if there is reason to believe the measurement 
discrepancy is due to the measurement device itself. Because NHTSA's 
proposed and final specification of dummy parts and assemblies does not 
introduce a new measurement device, NHTSA did not perform a Gage R&R. 
Analysis of Gage R&R is further discussed under the agency's response 
to comment section on the use of another measurement device.
    It is important to note that just because a measurement is not 
within tolerances, it does not necessarily mean that the jacket is out 
of specification or cannot be used. For the ``worn'' dimensions in 
particular, the dimensions are affected by how the jacket is placed 
over the underlying dummy structure. If the specified dimensions are 
not met initially, the jacket can be adjusted and the measurements 
taken again. Note 7 on drawing 880105-000, Complete Assembly, confirms 
this possibility: ``If the z-coordinates of the A-Pts are not within 5 
mm of the target height of 10.23 in. (265 mm), re-seat the jacket be 
rolling it fore/aft against the shoulder to move the z-coordinate 
closer to the target height while maintaining the position of the H-
point. The re-seated jacket shall rest in contact with the underlying 
shoulder pads with no gap between the pads and the jacket or between 
the pads and the clavicle castings.''

b. Certification

    The Alliance recommended the use of the mandrel as part of the 
jacket production process. Specifically, the Alliance noted that the 
jacket should be certified by its manufacturer on the mandrel and using 
a 3D measurement device such as a Faro arm.
Response
    Dummy jacket certification requirement is not within NHTSA's 
authority and role. NHTSA does not certify the ATDs specified in part 
572, nor does NHTSA certify any of the components used in the ATDs. 
NHTSA specifies the ATDs in part 572 used for FMVSS testing. Part 572 
specifications lay out the technical aspects of the ATD. ATD 
manufacturers produce the ATD and can choose to make a dummy meeting 
those specification. Then, under the self-certification process, motor 
vehicle original equipment manufacturers (OEMs) self-certify compliance 
with applicable FMVSS--in this case, FVMSS No. 208.\33\ OEMs could 
choose to incorporate a mandrel as part of their certification process.
---------------------------------------------------------------------------

    \33\ See 49 CFR part 567.
---------------------------------------------------------------------------

c. Annual Inspection Specification

    HIS and the Alliance recommended an annual check of jackets by 
users with a measurement of eight critical dimensions on the mandrel. 
These eight critical measurements would check for shrinkage that could 
occur over time as a jacket ages.
Response
    While the final rule is not including the mandrel as part of the 
fit check procedures to the HIII-5F jacket specification, OEMs and 
testing labs are not prohibited from using the mandrel as an optional 
device part of their routine inspection process.
    Part 572 specifies the parts used on the dummy, but it does not 
specify any maintenance schedule or discuss any states of disrepair. 
Generally, other than the specifications in PADIs, there are no annual 
inspection criteria included. NHTSA will not be including additional 
inspection parameters as part of the PADI.

d. Other Measurement Device

    HIS and the Alliance recommended that NHTSA stipulate that all 
measurements should be recorded using a digital Faro arm, or equivalent 
Coordinate Measuring Machine (CMM) system. HIS reasoned that 
measurements taken by standard gages are not sufficiently definitive, 
as evidenced by poor Gage repeatability and reproducibility results.
Response
    Specification of a specific measurement technique, such as the use 
of a CMM system, is not included in part 572. Part 572 defines the 
dimensions of the dummy and provides the PADI and qualification 
procedures to ensure it is responding as expected. Part 572 does not 
dictate the equipment used to take those measurements. Nonetheless, 
NHTSA carried out an assessment by comparing operator measurements of 
multiple jackets using basic levels and calipers vs. the more 
sophisticated Faro arm.\34\ A Faro arm is a digital device that records 
precise three-dimensional coordinates. It is a brand name for a type of 
CMM.\35\ The digital measurement device often provides a more precise 
means to record measurement but such a device may not always be 
available.
---------------------------------------------------------------------------

    \34\ Post-NPRM Analysis, HIII 5th Percentile Female Test Dummy 
Final Rule, Appendix C-Response and Analysis of Comments Received.
    \35\ Compared to conventional devices (measuring tables, 
calipers, dial gauges) a CMM device provides a convenient and 
oftentimes more precise means to record measurements.

---------------------------------------------------------------------------

[[Page 257]]

    NHTSA's assessment had two objectives. The first was to determine 
whether both the digital device and the conventional device,\36\ in 
this case a caliper here, could achieve the proposed jacket 
specification within the tolerance. The second objective was to 
determine whether there is a significant difference/deviation between 
the measurements taken by the two gages that the final rule requires 
gage-specific information.
---------------------------------------------------------------------------

    \36\ Examples of conventional devices include measuring tables, 
calipers, and dial gauges.
---------------------------------------------------------------------------

    NHTSA's gage device analysis showed that both types of measuring 
devices met the finalized nominal target value. In other words, both 
devices can properly measure the finalized jacket specifications. 
Although the Faro arm did have slightly more consistency than using the 
calipers, there is no significant difference in the use of Faro versus 
the conventional gage.
    Instead, NHTSA found that the jacket setup, rather than the 
measuring device itself, had an impact on the measurements taken. To 
remedy this inconsistency, the final rule contains a new stipulation on 
the assembly drawing to reposition the jacket (880105-000, Complete 
Assembly, Hybrid HIII-5F).
    For the final rule, NHTSA is not requiring a specific gage to use 
for jacket measurements. It is not uncommon for different labs to use 
different techniques. Even with different measurement techniques, 
NHTSA's analysis has demonstrated it is possible to successfully 
measure the dimensions of the jackets. General care when placing the 
jacket onto the dummy can ensure it is consistently placed for 
measurement. Measurement with a CMM or calipers has been shown to yield 
consistent results that meet the final rule jacket specifications.

e. Spine Box

    HIS supported NHTSA's proposed adoption of the SAE spine box to 
eliminate the mechanical noise from the chest accelerometers while 
preserving the dynamic response. However, based on HIS's review of 
fourteen ATDs, HIS requested NHTSA update the mass specification from 
one of the drawing documents (880105-000(-H) Sheet 6) to account for 
the additional mass from the bolt plates added to the spine box.
Response
    NHTSA evaluated the ATDs that had the old spine box replaced (the 
original FTSS and Denton units) and newer HIII-5F units that 
incorporated the proposed SAE spine box design. After evaluation of 
weight measurements from existing and new ATDs,\37\ NHTSA is adopting 
the mass specification change, specifically the upper torso assembly 
segment weight specification. It was noted that the plates added a 
small additional weight to the torso of the dummy and could cause the 
specifications to fall outside of the tolerance. While the final rule 
also adopts the SAE chest jacket design, the jacket's mass is not 
different from the prior FTSS and Denton versions. Consequently, the 
torso mass difference is due to the added bolt plates. The increase in 
torso mass specification is adopted in two places in the assembly 
engineering drawing in 880105-000(-H) Sheet 6.
---------------------------------------------------------------------------

    \37\ Post-NPRM Analysis, HIII 5th Percentile Female Test Dummy 
Final Rule, Appendix A--Spine Box Analysis.
---------------------------------------------------------------------------

f. Sample Size

    Ms. Sial, an individual commenter, supported NHTSA's jacket 
specification update. However, to obtain a measurement that more 
accurately reflects the average U.S. women, Ms. Sial recommended basing 
the new proposed chest jacket dimension on a larger sample size, such 
as the mean body measurement data from the Centers for Disease Control 
and Prevention (CDC).
Response
    When NHTSA develops a new crash test dummy, the agency updates the 
dummy anthropometry to consider human anthropometry measurements, such 
as those maintained by the CDC (among other factors). However, this 
rulemaking is not a revision to the anthropometry of the dummy for a 
new crash test dummy; therefore, a revision to the basic anthropometry 
of the dummy is outside of the scope of the final rule. Rather, the 
NPRM and now final rule resolves discrepancies between the jacket 
specifications in subpart O and jackets available in the field. The 
jacket specifications are developed from SAE J2921 to update the 
current crash test dummy's engineering components. These changes ensure 
a sufficiently low level of variation between jackets fabricated by 
different manufacturers.
    Ideally, dummy jackets should have identical dimensions. However, 
there are measurement variabilities due to differences in 
manufacturing, set up, and measurement processes. Thus, jacket 
specifications include tolerances to account for measurement 
variability. For the NPRM, NHTSA conducted its own measurements and 
testing for the proposal. Following the NPRM and reviewing of comments 
received that included jacket measurement data, the agency continued to 
collect additional measurements to check whether the dimensions and 
tolerances proposed (including those derived from J2921 drawings and 
the new section dimensions added by NHTSA) were being met by SAE 
jackets already in the field for the final rule. Continuing to obtain 
jacket measurements allowed the agency to establish an average 
measurement and tolerance of the dimensions for finalized drawings and 
ensure that the finalized tolerances and dimensions achieve an 
acceptable degree of consistency, conformity, and uniformity.

VI. Changes to the Drawing Package and PADI

    NHTSA proposed to amend the subpart O regulatory text to 
incorporate by reference new versions of the drawing package, parts 
list and PADI. The final rulemaking closely reflects the revisions in 
the NPRM. Some new revisions have been added in the final rule. Below 
is a summary of the changes. All revisions are fully described in more 
detail in a separate document being placed into the docket for this 
rulemaking.\38\
---------------------------------------------------------------------------

    \38\ Engineering Changes, Revision K, Hybrid III 5th Percentile 
Female Test Dummy, Part 572, Subpart O, Changes to: Parts List, 
Engineering Drawing Package, Procedure for the Assembly, 
Disassembly, and Inspection (PADI), National Highway Traffic Safety 
Administration, January 2023.
---------------------------------------------------------------------------

Chest Jacket Drawing

    For the final rule, NHTSA's new drawings, the Chest Flesh Assembly 
(880105-355-H, Sheets 1 and 2) and the Sternum Pad (880105-356-H), 
include some dimensional changes to reflect a larger pool of data. New 
reference dimensions are also added for the jacket. NHTSA also revises 
drawing 880105-000, Complete Assembly, 5th Female, Rev J, Sheet 5 to 
add jacket dimensions at various cross sections and revise the call-out 
to the jacket in drawing 880105-300 to reference the new drawing. We 
are also making some corresponding changes to the PADI.
    To summarize the changes to the new drawing package, the drawings 
in which the chest jacket is currently specified (880105-355-E, 880105-
356, 880105-423, and 880105-424) are replaced with:

     880105-355-H, Rev B, Chest Flesh Assembly, Sheet 1
     880105-355-H, Rev B, Chest Flesh Assembly, Sheet 2
     880105-356-H, Rev C, Sternum Pad

[[Page 258]]

880105-000, Complete Assembly, Hybrid III 5th Female

    In the final rule, sheet 5 is redrawn to reflect the NPRM and final 
rule note changes. The dimensions remain the same as in the NPRM. 
Changes from the NPRM include that in note 5, the tolerances are 
updated on the section dimensions based on post-NPRM data to achieve an 
acceptable degree of conformity while still ensuring a high level of 
uniformity. For note 6, metric dimensions are given to aid in clarity. 
For note 7, a description is added for how to properly adjust the 
jacket fit on the dummy to aid in setup.

880105-000, Complete Assembly, Hybrid III 5th Female, Sheet 6, Assembly 
Weights Table

    Upper torso assembly with jacket (see Table 1 for parts included).

Was: 26.50  0.30 lbs (12.02  0.14 kg)
Now: 26.90  0.30 lbs (12.20  0.14 kg)

    Total dummy weight.

Was: 108.03  2.00 lbs (49.05 kg  0.91 kg)
Now: 108.43  2.00 lbs (49.18 kg  0.91 kg)

    Spine box torso mass specification is updated following further 
comment analysis. Specifically, the nominal value is shifted from to 
26.90  .30 lbs. from 26.50  .30lbs. This change 
will allow the corridor to shift upwards of 0.40 lbs and the total 
dummy weight from 108.03  2.50 lbs to 108.43  
2.50 lbs. The final rule's weight specification would not affect or 
change the dummy's performance in any way (other than eliminate the 
potential for noise).
    The final rule also corrects an old metric conversion error between 
pounds and kilograms. Specifically, the old metric conversion for 
108.03 lbs. was incorrectly listed at 49.05 kg. It should have been 
49.00 kg. The changes to the affected drawings are described in more 
detail in a separate document being placed into the docket for this 
rulemaking.\39\
---------------------------------------------------------------------------

    \39\ Engineering Changes, Revision K, Hybrid III 5th Percentile 
Female Test Dummy, Part 572, Subpart O, Changes to: Parts List, 
Engineering Drawing Package, Procedure for the Assembly, 
Disassembly, and Inspection (PADI), National Highway Traffic Safety 
Administration, January 2023.
---------------------------------------------------------------------------

Jacket PADI

    The PADI provides specifications on how to assemble the dummy above 
and beyond the engineering drawings. Given the dummy is frequently 
dissembled, the PADI includes a check on the exterior dimension to 
ensure that all assemblies and fitted parts are properly installed on 
the reassembled dummy. This exterior dimension corresponds to the 
specification changes to Drawing No. 880105-000, Complete assembly, 5th 
female, Rev. N, Sheet 5. In addition, the mass tables are removed from 
the PADI as they are already present within the drawing package. 
Detailed changes are further specified in the separate document being 
docketed.\40\
---------------------------------------------------------------------------

    \40\ Id.
---------------------------------------------------------------------------

Spine Box

    The new versions of the drawing package, parts list, and PADI 
incorporated by reference include the SAE J2915 specifications for the 
improved spine box. The final rule revisions add plates to the side of 
the spine box, with bolts countersunk into the plate to remove any play 
from the assembly. NHTSA's new engineering part and assembly drawings 
include the revised spine box to replace the current spine box drawings 
with the following:

     880105-1045, Rev C, Hybrid III 5th Female Thoracic Spine 
Upgrade, Sheets 1-3
     880105-1047, HIII-5F Plate, Thoracic Spine Upgrade
     SID-070-6, Rev B, DOT-SID, Modified 5/16-18 x 5/8'' SHCS

VII. Housekeeping Amendments

    In the final rule, NHTSA adopts all of the proposed housekeeping 
and other amendments to subpart O below.
    1. NHTSA amends the title of subpart O to add the word ``adult'' 
between ``5th percentile'' and ``female'' for clarity.
    2. The agency removes the words ``Alpha Version'' from the title of 
subpart O. During adoption of some of the subparts of part 572 NHTSA 
had decided that referring to the alpha, beta, etc., ``versions'' of 
the test dummies would better distinguish a current version of an ATD 
from a previous version. The agency later decided this naming 
convention was not helpful and has not followed it. Accordingly, for 
the final rule, NHTSA removes ``Alpha Version'' from the title of 
subpart O since the naming convention is no longer used.
    3. This final rule revises subpart O's references to SAE J211 parts 
1 and 2 and to SAE J1733 to refer to updated versions of the standards. 
SAE J211 is revised with improved diagrams for defining the dummy 
coordinate system, and corrections to minor mistakes in print. New 
information and recommendations for data system grounding, sensor cable 
shielding, and minimizing the effects of transducer resonance are 
included. Clarifications on data processing are also included. J1733 is 
revised with improved diagrams for defining the dummy coordinate system 
(for the HIII-5F, the system itself is unchanged).

VIII. Lead Time

    In the NPRM, NHTSA proposed to make subpart O--the specifications 
for the chest jacket and spine box--effective 45 days after the 
publication of the final rule.
    The Alliance commented that the 45-day lead time is not sufficient 
time for the adoption of the new proposed chest jacket and spine box 
specification. The commenter noted that NHTSA did not account for the 
time needed for compliance testing. Instead of a 45-day effective date, 
the Alliance suggested a lead time of five years,\41\ and that until 
the effective date, the new specification be optional.
---------------------------------------------------------------------------

    \41\ In its February 21, 2014 petition, the Alliance recommended 
that compliance with the new specifications should be optional for a 
period of five years.
---------------------------------------------------------------------------

Response
    After consideration of the comment and post-NPRM analysis of the 
proposed and final specification, NHTSA believes the 45-day lead time 
remains sufficient because the agency does not believe that testing 
under FMVSS No. 208 would be significantly affected by the final rule.
    FMVSS No. 208 specifies that NHTSA is to use the subpart O dummy in 
its compliance tests. As discussed previously, if manufacturers are not 
using the final rule's jacket for certification, NHTSA will ask 
manufacturers to identify an FTSS or Denton jacket for NHTSA to use in 
its compliance testing. This rulemaking does not change any existing 
process for vehicle certification with the manufacturer-identified 
jackets. This rulemaking solely adds the new jacket specifications to 
part 572 and in turn for FMVSSS No. 208 testing. This final rule does 
not impose any new requirements on anyone.
    Some vehicle manufacturers already use the SAE jackets on the ATD. 
Moreover, because none of the dummy jackets that are currently in use 
correspond to the existing subpart O specifications, there should be no 
issue with taking an existing dummy out of conformity with the 
implementation of this rule. Post-NPRM measurement included new SAE 
jackets that are currently used in the field and conformed to the final 
rule specifications. The improved spine box is not expected to affect 
dummy performance because the revision only acts to remove the unwanted 
artifact of loose bolts rattling.

[[Page 259]]

    Manufacturers wishing to test with the final rule's jacket and 
spine box should have no difficulty obtaining the necessary parts. In 
the Alliance's supplemental petition letter, the Alliance indicated 
that all parts associated with the proposed jacket and spine box 
changes are available, and there should not be any difficulties meeting 
anticipated demand. NHTSA believes that the introduction of the new 
parts is part of the normal maintenance of jackets as it ages and it 
would not create any significant increases in the workload necessary to 
maintain the dummies.
    Lastly, a shortened lead time is desirable because the changes are 
beneficial for testing laboratories. We believe that the final rule's 
jacket and spine box changes will likely lead to diminished laboratory 
technician workload. A common jacket design will eliminate the need to 
deal with multiple jacket versions. The new spine box will also lighten 
laboratory workload by eliminating the need to re-torque the bolts 
between tests. With respect to levels of effort and technician training 
needed to modify and maintain the new jacket and spine box, the 
Alliance indicated in its supplemental letter that both modifications 
are well within the technical competency of existing laboratory 
technicians.

IX. Regulatory Analyses and Notices

Executive Order 12866, Executive Order 14904, Executive Order 13563, 
and DOT Regulatory Policies and Procedures

    NHTSA has considered the potential impact of this final rule under 
Executive Order 12866, Executive Order 14094, Executive Order 13563, 
DOT Order 2100.6A, and the Department of Transportation's regulatory 
policies and procedures. This final rule is not considered to be 
significant under the Department of Transportation's regulatory 
policies and procedures (44 FR 11034, February 26, 1979).
    As stated in 49 CFR 572.3, Application, part 572 does not in itself 
impose duties or liabilities on any person. It only serves to describe 
the test tools that measure the performance of occupant protection 
systems. Thus, this part 572 final rule itself does not impose any 
requirements on anyone. Businesses are affected only if they choose to 
manufacture or test with the dummy. Because the economic impacts of 
this rule are minimal, no further regulatory evaluation is necessary.
    This final rule finalizes changes to the specifications of the 
HIII-5F chest jacket and spine box. For entities testing with the 
dummy, the finalized revisions are intended to resolve issues with the 
fit and availability of the jacket and a noise artifact from the spine 
box. Neither change would impose new requirements on vehicle 
manufacturers.
    With respect to benefits, the dummy would not change in any way 
other than to improve its usability and objectivity. This rulemaking 
benefits the public by specifying a more objective test tool, which 
lessens the burden of dummy end-users in performing tests and 
interpreting test results. It also benefits vehicle manufacturers by 
providing certainty about which test jacket and spine box NHTSA will 
use in compliance tests with the HIII 5th percentile adult female ATD, 
and assurance about the continued availability of the jacket. This 
rulemaking benefits NHTSA as the agency would no longer have to 
maintain test jackets of different designs and take steps to match the 
compliance test jacket with that specified by the vehicle 
manufacturers. Specifying the new test jacket and spine box ensures the 
long-term availability of a test jacket for compliance tests.
    The costs associated with this rulemaking are limited to those 
associated with acquiring new dummy parts. We conclude that the 
finalized changes would not necessitate the purchasing of any parts 
that would not have been purchased in the normal course of business in 
the absence of the finalized changes.
    We do not believe the finalized chest jacket changes will impose 
any additional costs compared to what would have been expended if we 
did not adopt the proposed changes. Because a chest jacket eventually 
wears out, it must be replaced. Dummy refurbishments and part 
replacements are a routine part of ATD testing. The agency understands 
that industry has essentially run out of its supply of the older FTSS 
and Denton jackets. We further understand that industry has been 
replacing worn-out FTSS and Denton jackets with new jackets built to 
the SAE J2921 specifications. While the FTSS and Denton jackets are not 
consistent with the finalized specifications, we believe that chest 
jackets built to the SAE J2921 specifications would meet the finalized 
specifications. Because industry and testing labs need to replace the 
chest jacket in the regular course of business--regardless of whether 
the proposed changes are adopted--and the only available replacement 
chest jackets conform to the finalized specifications, we believe the 
finalized chest jacket specifications would not impose any additional 
costs on industry.\42\
---------------------------------------------------------------------------

    \42\ For the HIII-5F, a new jacket costs about $1,300. This is 
an updated estimate from the NPRM's approximate cost of $850. If a 
new jacket is installed on an existing dummy, additional 
refurbishments or tuning of that dummy may be needed for it to pass 
the subpart O qualification tests. Depending on the condition and 
age of the dummy, several other parts may need to be replaced at a 
cost of up to $10,000. However, dummy refurbishments and part 
replacements are an inherent part of testing and many of the 
additional parts are often replaced on a regular schedule. In other 
words, some of the parts would eventually be replaced, and the costs 
of the replacement parts can be amortized over a number of tests.
---------------------------------------------------------------------------

    The revised spine box, which is not typically replaced during 
routine maintenance, costs about $3,000.\43\ End users do not have to 
purchase a revised spine box. They can compensate for the design 
shortcoming of the current spine box by disassembling the dummy and re-
torquing the relevant fasteners by hand before each test.
---------------------------------------------------------------------------

    \43\ This cost was originally estimated to be approximately $600 
during the NPRM stage. This estimation has been updated for the 
final rule.
---------------------------------------------------------------------------

Executive Order 13609: Promoting International Regulatory Cooperation

    The policy statement in section 1 of Executive Order 13609 provides 
that the regulatory approaches taken by foreign governments may differ 
from those taken by the United States to address similar issues, and 
that in some cases the differences between them might not be necessary 
and might impair the ability of American businesses to export and 
compete internationally. It further recognizes that in meeting shared 
challenges involving health, safety, and other issues, international 
regulatory cooperation can identify approaches that are at least as 
protective as those that are or would be adopted in the absence of such 
cooperation and can reduce, eliminate, or prevent unnecessary 
differences in regulatory requirements.
    The finalized revisions are intended to resolve issues with the fit 
and availability of the jacket and a noise artifact from the spine box. 
Neither change would impose new requirements on vehicle manufacturers. 
NHTSA does not believe the final rule would lead to any reduction in 
harmonization.

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,

[[Page 260]]

we must evaluate the environmental health or safety effects of the 
planned rule on children and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by us.
    This final rule is not subject to the Executive order because it is 
not economically significant as defined in E.O. 12866.

Incorporation by Reference

    Under regulations issued by the Office of the Federal Register (1 
CFR part 51), an agency, as part of a proposed rule that includes 
material incorporated by reference, must summarize material that is 
proposed to be incorporated by reference and must discuss the ways the 
material proposed to be incorporated by reference is reasonably 
available to interested parties or how the agency worked to make 
materials available to interested parties. At the final rule stage, 
regulations require that the agency seek formal approval, summarize the 
material that it incorporates by reference in the preamble of the final 
rule, discuss the ways that the materials is reasonably available to 
interested parties, and provide other specific information to the 
Office of the Federal Register.
    In this rule, NHTSA incorporates by reference updated versions of a 
parts list, a set of drawings, and a manual into 49 CFR part 572, 
subpart O. After seeking comments and the agency's measurement 
analysis, we believe the updated versions contain additional 
specifications and illustrations that are helpful for end users who are 
attempting to qualify the ATD. This material is published by NHTSA. The 
contents of the documents are summarized in section VI above, and the 
documents incorporated by reference are placed in the docket for this 
rulemaking for interested parties to review. The following updated 
parts list, drawings, and a manual appear in the amendatory text of 
this document and earlier versions were previously approved for the 
locations in which these updated versions appear now: Parts and 
Drawings List, Part 572 Subpart O, Hybrid III Fifth Percentile Small 
Adult Female Crash Test Dummy (HIII-5F), revised December 2022; 
Engineering Drawings, Part 572 Subpart O, Hybrid III Fifth Percentile 
Small Adult Female Test Dummy (HIII-5F), revised December 2022; 
Procedures for the Assembly, Disassembly, and Inspection (PADI), Hybrid 
III Fifth Percentile Adult Female Test Dummy (HIII-05F), revised June 
2022.
    This final rule also incorporates updated versions of SAE 
Recommended Practice J211/1 parts 1 and 2 and SAE J1733. Older versions 
of these documents were previously incorporated by reference into 
subpart O. The changes in the updated versions are summarized in 
section VII above and under the National Technology Transfer and 
Advancement Act rulemaking analysis below. The versions previously 
incorporated by reference are available in SAE International's online 
reading room.\44\ The updated versions incorporated by reference in 
this final rule are available for review at NHTSA and are available for 
purchase from SAE International at https://www.sae.org.
---------------------------------------------------------------------------

    \44\ www.sae.org/standards/reading-room.
_____________________________________-

    NHTSA has placed a copy of the parts list, set of drawings, and 
manual in the docket for this final rule. Interested persons can obtain 
a copy of the material or view the material online by accessing 
www.regulations.gov; phone: (877) 378-5457; or by contacting NHTSA's 
Chief Counsel's Office at the phone number and address in the FOR 
FURTHER INFORMATION CONTACT section of this document. The material is 
also available for inspection at the Department of Transportation, 
Docket Operations, Room W12-140, 1200 New Jersey Avenue SE, Washington, 
DC; phone: (202) 366-9826.

Executive Order 13132 (Federalism)

    NHTSA has examined this rule pursuant to Executive Order 13132 (64 
FR 43255, August 10, 1999) and concluded that no additional 
consultation with States, local governments, or their representatives 
is mandated beyond the rulemaking process. The agency has concluded 
that this rule will not have sufficient federalism implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. The rule does not have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''
    NHTSA rules can preempt in two ways. First, the National Traffic 
and Motor Vehicle Safety Act contains an express preemption provision: 
When a motor vehicle safety standard is in effect under this chapter, a 
State or a political subdivision of a State may prescribe or continue 
in effect a standard applicable to the same aspect of performance of a 
motor vehicle or motor vehicle equipment only if the standard is 
identical to the standard prescribed under this chapter. 49 U.S.C. 
30103(b)(1). It is this statutory command by Congress that preempts any 
non-identical State legislative and administrative law addressing the 
same aspect of performance. The express preemption provision described 
above is subject to a savings clause under which compliance with a 
motor vehicle safety standard prescribed under this chapter does not 
exempt a person from liability at common law. 49 U.S.C. 30103(e). 
Pursuant to this provision, State common law tort causes of action 
against motor vehicle manufacturers that might otherwise be preempted 
by the express preemption provision are generally preserved.
    NHTSA rules can also preempt State law if complying with the FMVSS 
would render the motor vehicle manufacturers liable under State tort 
law. Because most NHTSA standards established by an FMVSS are minimum 
standards, a State common law tort cause of action that seeks to impose 
a higher standard on motor vehicle manufacturers will generally not be 
preempted. If and when such a conflict does exist--for example, when 
the standard at issue is both a minimum and a maximum standard--the 
State common law tort cause of action is impliedly preempted. See Geier 
v. American Honda Motor Co., 529 U.S. 861 (2000).
    Pursuant to Executive Orders 13132 and 12988, NHTSA has considered 
whether this rule could or should preempt State common law causes of 
action. The agency's ability to announce its conclusion regarding the 
preemptive effect of one of its rules reduces the likelihood that 
preemption will be an issue in any subsequent tort litigation. To this 
end, the agency has examined the nature (i.e., the language and 
structure of the regulatory text) and objectives of this rule and finds 
that this rule, like many NHTSA rules, would prescribe only a minimum 
safety standard. As such, NHTSA does not intend this rule to preempt 
state tort law that would effectively impose a higher standard on motor 
vehicle manufacturers. Establishment of a higher standard by means of 
State tort law will not conflict with the minimum standard adopted 
here. Without any conflict, there could not be any implied preemption 
of a State common law tort cause of action.

Severability

    The issue of severability of FMVSSs is addressed in 49 CFR 571.9. 
It provides that if any FMVSS or its application to any person or 
circumstance is held invalid, the remainder of the part and

[[Page 261]]

the application of that standard to other persons or circumstances is 
unaffected.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires agencies to evaluate the potential effects of their proposed 
and final rules on small businesses, small organizations, and small 
Government jurisdictions. The Small Business Administration's 
regulations at 13 CFR part 121 define a small business, in part, as a 
business entity ``which operates primarily within the United States.'' 
(13 CFR 121.105(a)).
    The Act requires agencies to prepare and make available an initial 
and final regulatory flexibility analysis (RFA) describing the impact 
of proposed and final rules on small entities. An RFA is not required 
if the head of the agency certifies that the proposed or final rule 
will not have a significant impact on a substantial number of small 
entities. The head of the agency has made such a certification with 
regard to this final rule.
    The factual basis for the certification (5 U.S.C. 605(b)) is set 
forth below. Although the agency is not required to issue an initial 
regulatory flexibility analysis, this section discusses many of the 
issues that an initial regulatory flexibility analysis would address.
    Section 603(b) of the Act specifies the content of an RFA. Each RFA 
must contain:
    1. A description of the reasons why action by the agency is being 
considered;
    2. A succinct statement of the objectives of, and legal basis for a 
final rule;
    3. A description of and, where feasible, an estimate of the number 
of small entities to which the final rule will apply;
    4. A description of the projected reporting, recording keeping and 
other compliance requirements of a final rule including an estimate of 
the classes of small entities which will be subject to the requirement 
and the type of professional skills necessary for preparation of the 
report or record;
    5. An identification, to the extent practicable, of all relevant 
Federal rules which may duplicate, overlap or conflict with the final 
rule;
    6. Each final regulatory flexibility analysis shall also contain a 
description of any significant alternatives to the final rule which 
accomplish the stated objectives of applicable statutes and which 
minimize any significant economic impact of the final rule on small 
entities.
    A description of the reason why action by the agency is being 
considered and the objectives of, and legal basis for, the final rule 
are discussed at length earlier in this document.
    NHTSA has considered the effects of this rulemaking under the 
Regulatory Flexibility Act. I hereby certify that this rulemaking 
action will not have a significant economic impact on a substantial 
number of small entities. This action will not have a significant 
economic impact on a substantial number of small entities because the 
revisions to the test dummy will not impose any requirements on anyone. 
NHTSA will use the revised ATD in agency testing but will not require 
anyone to manufacture the dummy or to test motor vehicles or motor 
vehicle equipment with it. Further, small vehicle manufacturers that 
choose to test with the 5th percentile adult female dummy will not be 
significantly impacted by this rulemaking. The final rule will simply 
replace the chest jacket and spine box now used with the test dummy 
with more up-to-date equipment. Since chest jackets must periodically 
be replaced on the test dummy because they wear out, this amendment 
will not significantly affect end users of the ATD (they will continue 
to do what they already do). Similarly, the change to the new spine box 
will not significantly affect small vehicle manufacturers. It entails a 
simple one-time replacement where the old part would be switched out 
with the new.

National Environmental Policy Act

    NHTSA has analyzed this rule for the purposes of the National 
Environmental Policy Act. In accordance with 49 CFR 1.81, 42 U.S.C. 
4336, and DOT NEPA Order 5610.1C, NHTSA has determined that this rule 
is categorically excluded pursuant to 23 CFR 771.118(c)(4) (planning 
and administrative activities, such as promulgation of rules, that do 
not involve or lead directly to construction). This rulemaking, which 
finalizes changes to the Hybrid III 5th percentile adult female (HIII-
5F) anthropomorphic test device (ATD or crash test dummy), is not 
anticipated to result in any environmental impacts, and there are no 
extraordinary circumstances present in connection with this rulemaking.

Civil Justice Reform

    With respect to the review of the promulgation of a new regulation, 
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR 
4729, February 7, 1996), requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect; (2) clearly specifies the effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct, while promoting simplification and burden reduction; 
(4) clearly specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. This document is consistent with that requirement.
    Pursuant to this order, NHTSA notes as follows: The issue of 
preemption is discussed above in connection with E.O. 13132. NHTSA 
notes further that there is no requirement that individuals submit a 
petition for reconsideration or pursue other administrative proceeding 
before they may file suit in court.

Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of 
1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain 
approval from the OMB for each collection of information they conduct, 
sponsor, or require through regulations. This rulemaking does not 
establish any information collection requirements as defined by the OMB 
in 5 CFR part 1320.

National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA), ``all Federal agencies and departments shall use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies, using such technical standards as a means to carry 
out policy objectives or activities determined by the agencies and 
departments.'' \45\ However, if the use of such technical standards 
would be ``inconsistent with applicable law or otherwise impractical, a 
Federal agency or department may elect to use technical standards that 
are not developed or adopted by voluntary consensus standards bodies.'' 
\46\ Voluntary consensus standards are technical standards (e.g., 
materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by voluntary 
consensus standards bodies such as SAE. The NTTAA directs the agency to 
provide Congress, through OMB, explanations when the agency decides not 
to use available and applicable voluntary consensus standards. Circular 
A-119

[[Page 262]]

directs that evaluating whether to use a voluntary consensus standard 
should be done on a case-by-case basis.\47\ An agency should consider, 
where applicable, factors such as the nature of the agency's statutory 
mandate and the consistency of the standard with that mandate.\48\
---------------------------------------------------------------------------

    \45\ National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, 110 Stat. 775 (1996), at section 12(d)(1).
    \46\ Id. at section 12(d)(3).
    \47\ Office of Management and Budget, Circular No. A-119, ] 
5(a)(i), Federal Participation in the Development and Use of 
Voluntary Consensus Standards and in Conformity Assessment 
Activities (Jan. 26, 2016).
    \48\ Id.
---------------------------------------------------------------------------

    SAE has published information reports on the HIII 5th percentile 
adult female's chest jacket and spine box which today's rule 
incorporates by reference in full. The foregoing sections of this 
document discuss in detail SAE's work in these areas: SAE J2921 (Chest 
Jacket) and SAE J2915 (Spine Box). This rule includes a few 
specifications beyond SAE J2921; the preamble explains NHTSA's belief 
that they are necessary to ensure a sufficient level of uniformity 
between jackets produced by different manufacturers going forward, and 
to prevent discrepancies in jacket designs from reoccurring in the 
future.
    In addition, the following voluntary consensus standards have been 
used in developing this final rule:
     SAE Recommended Practice J211/1_202208 (August 2022), 
Electronic Instrumentation;
     SAE Recommended Practice J211/2_202204 (April 2022), 
Photographic Instrumentation; and
     SAE J1733_201811 (November 2018), Sign Convention for 
Vehicle Crash Testing.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) (UMRA) 
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 expenditures by States, local, 
or tribal governments, in the aggregate, or by the private sector, of 
$100 million or more (adjusted annually for inflation with base year of 
1995) in any one year. Adjusting this amount by the implicit gross 
domestic product price deflator for 2022 results in $177 million 
(111.416/75.324 = 1.48). The assessment may be included in conjunction 
with other assessments, as it is here.
    This rule will not impose any unfunded mandates under the UMRA. 
This rule does not meet the definition of a Federal mandate because it 
does not impose requirements on anyone. It amends 49 CFR part 572 by 
adding specifications for a new test jacket and spine box for the 5th 
percentile adult female dummy that NHTSA uses in agency compliance 
tests. This rule will affect only those businesses that choose to 
manufacture or test with the dummy. This rule would not result in 
expenditures by State, local, or tribal governments of more than $177 
million annually.
    UMRA requires the agency to select the ``least costly, most cost-
effective or least burdensome alternative that achieves the objectives 
of the rule.'' As discussed above, the agency considered alternatives 
to the final rule and has concluded that the requirements are the most 
cost-effective alternatives that achieve the objectives of the rule.

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. NHTSA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule does not 
meet the criteria in 5 U.S.C. 804(2) to be considered a major rule. The 
rule will be effective forty-five days after the date of publication in 
the Federal Register.

Regulation Identifier Number

    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.

Rulemaking Summary, 5 U.S.C. 553(b)(4)

    As required by 5 U.S.C. 553(b)(4), a summary of this rule can be 
found in the Abstract section of the Department's Unified Agenda entry 
for this rulemaking at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202404&RIN=2127-AM13.

Privacy Act

    Anyone can search the electronic form of all documents received 
into any of our dockets by the name of the individual submitting the 
comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78), or you may visit www.dot.gov/privacy.html.

Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Application of the principles of plain language 
includes consideration of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that 
isn't clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
    If you have any responses to these questions, please write to us 
with your views.
    NHTSA has considered these questions and attempted to use plain 
language in promulgating this final rule. Please inform the agency if 
you can suggest how NHTSA can improve its use of plain language.

Submission of Confidential Information

    You should submit a redacted ``public version'' of your comment 
(including redacted versions of any additional documents or 
attachments). This ``public version'' of your comment should contain 
only the portions for which no claim of confidential treatment is made 
and from which those portions for which confidential treatment is 
claimed has been redacted. See below for further instructions on how to 
do this.
    You also need to submit a request for confidential treatment 
directly to the Office of Chief Counsel. Requests for confidential 
treatment are governed by 49 CFR part 512. Your request must set forth 
the information specified in part 512. This information includes the 
materials for which confidentiality is being requested (as explained in 
more detail below); supporting information, pursuant to Sec.  512.8; 
and a certificate, pursuant to Sec.  512.4(b) and part 512, appendix A.
    You are required to submit to the Office of Chief Counsel one 
unredacted

[[Page 263]]

``confidential version'' of the information for which you are seeking 
confidential treatment. Pursuant to Sec.  512.6, the words ``ENTIRE 
PAGE CONFIDENTIAL BUSINESS INFORMATION'' or ``CONFIDENTIAL BUSINESS 
INFORMATION CONTAINED WITHIN BRACKETS'' (as applicable) must appear at 
the top of each page containing information claimed to be confidential. 
In the latter situation, where not all information on the page is 
claimed to be confidential, identify each item of information for which 
confidentiality is requested within brackets: ``[ ].''
    You are also required to submit to the Office of Chief Counsel one 
redacted ``public version'' of the information for which you are 
seeking confidential treatment. Pursuant to Sec.  512.5(a)(2), the 
redacted ``public version'' should include redactions of any 
information for which you are seeking confidential treatment (i.e., the 
only information that should be unredacted is information for which you 
are not seeking confidential treatment).
    NHTSA is currently treating electronic submission as an acceptable 
method for submitting confidential business information to the agency 
under part 512. Please do not send a hardcopy of a request for 
confidential treatment to NHTSA's headquarters. The request should be 
sent to Dan Rabinovitz in the Office of the Chief Counsel at 
[email protected]. You may either submit your request via email 
or request a secure file transfer link. If you are submitting the 
request via email, please also email a courtesy copy of the request to 
Helena Sung at [email protected].

List of Subjects in 49 CFR Part 572

    Motor vehicle safety, Incorporation by reference.

    In consideration of the foregoing, NHTSA amends 49 CFR part 572 as 
follows:

PART 572--ANTHROPOMORPHIC TEST DEVICES

0
1. The authority citation for part 572 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.95.

Subpart O--Hybrid III 5th Percentile Adult Female Test Dummy

0
2. Revise the heading of subpart O to read as set forth above.

0
3. Revise Sec.  572.130 to read as follows:

Sec.  572.130  Incorporation by reference.

    Certain material is incorporated by reference (IBR) into this 
subpart with the approval of the Director of the Federal Register under 
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than 
that specified in this section, the National Highway Traffic Safety 
Administration (NHTSA) must publish a document in the Federal Register 
and the material must be available to the public. All approved material 
is available for inspection at NHTSA and at the National Archives and 
Records Administration (NARA). Contact NHTSA at: 1200 New Jersey Avenue 
SE, Washington, DC 20590; phone: (202) 366-2588; website: 
www.nhtsa.gov/about-nhtsa/electronic-reading-room. For information on 
the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The 
material may be obtained from the following sources:
    (a) NHTSA Technical Information Services, 1200 New Jersey Ave. SE, 
Washington, DC 20590; phone: 202-366-2588; website: https://www.nhtsa.gov.
    (1) Engineering Drawings, Part 572 Subpart O Hybrid III 5th 
Percentile Small Adult Female Test Dummy, December 2022 (the 
Engineering Drawings); IBR approved for Sec. Sec.  572.131, 572.132, 
572.133, 572.134, 572.135, 572.136, and 572.137.
    (2) Parts/Drawing List, Part 572 Subpart O, Hybrid III 5th 
Percentile Small Adult Female Crash Test Dummy, December 2022 (the 
Parts/Drawings List); IBR approved for Sec.  572.131.
    (3) Procedures for the Assembly, Disassembly, and Inspection (PADI) 
of the Hybrid III 5th Percentile Adult Female Crash Test Dummy (HIII-
05F), June 2022 (the PADI); IBR approved for Sec.  572.131.
    (b) SAE International, 400 Commonwealth Drive, Warrendale, PA 
15096; phone: 1-877-606-7323; website: https://www.sae.org.
    (1) SAE Recommended Practice J211-1, Instrumentation for Impact 
Test; Part 1--Electronic Instrumentation, August 2022 (SAE J211-1); IBR 
approved for Sec.  572.137.
    (2) SAE Recommended Practice J211-2, Instrumentation for Impact 
Tests--Part 2: Photographic Instrumentation, April 2022 (SAE J211-2); 
IBR approved for Sec.  572.137.
    (3) SAE J1733, Sign Convention for Vehicle Crash Testing, November 
2018; IBR approved for Sec.  572.137.

0
4. Amend Sec.  572.131 by:
0
a. Revising paragraphs (a)(1) and (2);
0
b. Adding paragraph (a)(3); and
0
c. Redesignating table A as ``Table 1 to Sec.  572.131(a)--Drawings 
List for Engineering Drawings, Part 572 Subpart O Hybrid III 5th 
Percentile Small Adult Female Test Dummy''.
    The revisions and addition read as follows:

Sec.  572.131  General description.

    (a) * * *
    (1) The Engineering Drawings (incorporated by reference, see Sec.  
572.130), including the drawings listed in table 1 to Sec.  572.131(a);
    (2) The Parts/Drawings List (incorporated by reference, see Sec.  
572.130); and
    (3) The PADI (incorporated by reference, see Sec.  572.130).
* * * * *

0
5. Amend Sec.  572.132 by adding introductory text, revising paragraph 
(a), and removing the heading to paragraph (c). The addition and 
revision read as follows:

Sec.  572.132  Head assembly and test procedure.

    All assemblies and drawings referenced in this section are 
contained in the Engineering Drawings (incorporated by reference, see 
Sec.  572.130).
    (a) The head assembly for this test consists of the complete head 
(drawing 880105-100X), a six-axis neck transducer (drawing SA572-S11) 
or its structural replacement (drawing 78051-383X), and 3 
accelerometers (drawing SA572-S4).
* * * * *

0
6. Amend Sec.  572.133 by:
0
a. Adding introductory text;
0
b. Revising paragraph (a), the first sentence of paragraph (b)(1)(i), 
and the first sentence of paragraph (b)(2)(i);
0
c. Removing the heading to paragraph (c);
0
d. Revising paragraphs (c)(3) and (c)(4)(ii); and
0
e. Redesignating Table B--Pendulum Pulse as ``Table 2 to Sec.  
572.133--Pendulum Pulse''.
    The revisions and addition read as follows:

Sec.  572.133  Neck assembly and test procedure.

    All assemblies and drawings referenced in this section are 
contained in the Engineering Drawings (incorporated by reference, see 
Sec.  572.130).
    (a) The neck assembly for the purposes of this test consists of the 
assembly of components shown in drawing 880105-250.
* * * * *

[[Page 264]]

    (b) * * *
    (1) * * *
    (i) Plane D, referenced in figure O1 to this subpart O, shall 
rotate in the direction of preimpact flight with respect to the 
pendulum's longitudinal centerline between 77 degrees and 91 degrees. * 
* *
* * * * *
    (2) * * *
    (i) Plane D, referenced in figure O2 to this subpart O, shall 
rotate in the direction of preimpact flight with respect to the 
pendulum's longitudinal centerline between 99 degrees and 114 degrees. 
* * *
* * * * *
    (c) * * *
    (3) Mount the head-neck assembly, defined in paragraph (b) of this 
section, on the pendulum described in figure 22 in 49 CFR part 572 so 
that the midsagittal plane of the head is vertical and coincides with 
the plane of motion of the pendulum as shown in figure O1 to this 
subpart O for flexion tests and figure O2 to this subpart O for 
extension tests.
    (4) * * *
    (ii) Stop the pendulum from the initial velocity with an 
acceleration vs. time pulse which meets the velocity change as 
specified in table 2 to Sec.  572.133. Integrate the pendulum 
acceleration data channel to obtain the velocity vs. time curve.
* * * * *

0
7. Amend Sec.  572.134 by adding introductory text, revising paragraph 
(a), removing the heading to paragraph (c), and revising paragraph 
(c)(3). The addition and revisions read as follows:

Sec.  572.134  Thorax assembly and test procedure.

    All assemblies and drawings referenced in this section are 
contained in the Engineering Drawings (incorporated by reference, see 
Sec.  572.130).
    (a) The thorax (upper torso) assembly consists of the part of the 
torso assembly shown in drawing 880105-300.
* * * * *
    (c) * * *
    (3) Seat and orient the dummy on a seating surface without back 
support as shown in figure O3 of this subpart O, with the limbs 
extended horizontally and forward, parallel to the midsagittal plane, 
the midsagittal plane vertical within 1 degree and the ribs 
level in the anterior-posterior and lateral directions within 0.5 degrees.
* * * * *

0
8. Revise and republish Sec.  572.135 to read as follows:

Sec.  572.135  Upper and lower torso assemblies and torso flexion test 
procedure.

    All assemblies and drawings referenced in this section are 
contained in the Engineering Drawings (incorporated by reference, see 
Sec.  572.130).
    (a) The test objective is to determine the stiffness effects of the 
lumbar spine (drawing 880105-1096), and abdominal insert (drawing 
880105-434), on resistance to articulation between the upper torso 
assembly (drawing 880105-300) and the lower torso assembly (drawing 
880105-450).
    (b)(1) When the upper torso assembly of a seated dummy is subjected 
to a force continuously applied at the head to neck pivot pin level 
through a rigidly attached adaptor bracket as shown in figure O4 of 
this subpart O according to the test procedure set out in paragraph (c) 
of this section, the lumbar spine-abdomen assembly shall flex by an 
amount that permits the upper torso assembly to translate in angular 
motion relative to the vertical transverse plane 45 0.5 
degrees at which time the force applied must be not less than 320 N 
(71.5 lbf) and not more than 390 N (87.4 lbf), and
    (2) Upon removal of the force, the torso assembly must return to 
within 8 degrees of its initial position.
    (c) The test procedure for the upper/lower torso assembly is as 
follows:
    (1) Soak the dummy in a controlled environment at any temperature 
between 18.9 and 25.6 [deg]C (66 and 78 [deg]F) and a relative humidity 
between 10 and 70 percent for at least four hours prior to a test.
    (2) Assemble the complete dummy (with or without the legs below the 
femurs) and attach to the fixture in a seated posture as shown in 
figure O4 of this subpart O.
    (3) Secure the pelvis to the fixture at the pelvis instrument 
cavity rear face by threading four \1/4\ inch cap screws into the 
available threaded attachment holes. Tighten the mountings so that the 
test material is rigidly affixed to the test fixture and the pelvic-
lumbar joining surface is horizontal.
    (4) Attach the loading adapter bracket to the spine of the dummy as 
shown in figure O4 of this subpart O.
    (5) Inspect and adjust, if necessary, the seating of the abdominal 
insert within the pelvis cavity and with respect to the torso flesh, 
assuring that the torso flesh provides uniform fit and overlap with 
respect to the outside surface of the pelvis flesh.
    (6) Flex the dummy's upper torso three times between the vertical 
and until the torso reference plane, as shown in figure O4 of this 
subpart O, reaches 30 degrees from the vertical transverse plane. Bring 
the torso to vertical orientation and wait for 30 minutes before 
conducting the test. During the 30-minute waiting period, the dummy's 
upper torso shall be externally supported at or near its vertical 
orientation to prevent it from drooping.
    (7) Remove all external support and wait two minutes. Measure the 
initial orientation angle of the torso reference plane of the seated, 
unsupported dummy as shown in figure O4 of this subpart O. The initial 
orientation angle may not exceed 20 degrees.
    (8) Attach the pull cable and the load cell as shown in figure O4 
of this subpart O.
    (9) Apply a tension force in the midsagittal plane to the pull 
cable as shown in figure O4 of this subpart O at any upper torso 
deflection rate between 0.5 and 1.5 degrees per second, until the angle 
reference plane is at 45 0.5 degrees of flexion relative to 
the vertical transverse plane.
    (10) Continue to apply a force sufficient to maintain 45 0.5 degrees of flexion for 10 seconds, and record the highest 
applied force during the 10-second period.
    (11) Release all force at the attachment bracket as rapidly as 
possible, and measure the return angle with respect to the initial 
angle reference plane as defined in paragraph (c)(6) of this section 3 
minutes after the release.

0
9. Amend Sec.  572.136 by adding introductory text, revising paragraph 
(a), removing the heading to paragraph (c), and revising paragraph 
(c)(2). The addition and revisions read as follows:

Sec.  572.136  Knees and knee impact test procedure.

    All assemblies and drawings referenced in this section are 
contained in the Engineering Drawings (incorporated by reference, see 
Sec.  572.130).
    (a) The knee assembly for the purpose of this test is the part of 
the leg assembly shown in drawing 880105-560.
* * * * *
    (c) * * *
    (2) Mount the test material and secure it to a rigid test fixture 
as shown in figure O5 of this subpart O. No part of the foot or tibia 
may contact any exterior surface.
* * * * *

0
10. Amend Sec.  572.137 by adding introductory text and revising the 
paragraph (m) introductory text and paragraph (n) to read as follows:

[[Page 265]]

Sec.  572.137  Test conditions and instrumentation.

    All assemblies and drawings referenced in this section are 
contained in the Engineering Drawings (incorporated by reference, see 
Sec.  572.130).
* * * * *
    (m) The outputs of acceleration and force-sensing devices installed 
in the dummy and in the test apparatus specified by this part shall be 
recorded in individual data channels that conform to SAE J211-1 and SAE 
J211-2 (both incorporated by reference, see Sec.  572.130), except as 
noted, with channel classes as follows:
* * * * *
    (n) Coordinate signs for instrumentation polarity shall conform to 
SAE J1733 (incorporated by reference, see Sec.  572.130).
* * * * *

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.
Adam Raviv,
Chief Counsel.
[FR Doc. 2024-30985 Filed 1-2-25; 8:45 am]
BILLING CODE 4910-59-P
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