[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Proposed Rules]
[Page 5484-5493]
[DOCID:fr30ja08-22]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2008-0015]
RIN 2127-AG51

Federal Motor Vehicle Safety Standards; Roof Crush Resistance

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

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: This document supplements NHTSA's August 2005 proposal to
upgrade the Federal motor vehicle safety standard on roof crush
resistance. We issued that proposal as part of a comprehensive plan for
reducing the serious risk of rollover crashes and the risk of death and
serious injury in those crashes.
    In this document, we ask for public comment on a number of issues
that may affect the content of the final rule, including possible
variations in the proposed requirements. We are also announcing the
release of the results of various vehicle tests conducted since the
proposal and are inviting comments on how the agency should factor this
new information into its final rule.

DATES: Comments must be received on or before March 17, 2008.

ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments.
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. Eastern
Time, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Regardless of how you submit your comments, you should mention the
docket number of this document.
    You may call the Docket Management Facility at<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information

provided.
    Privacy Act: Please see the Privacy Act heading under Rulemaking
Analyses and Notices.

FOR FURTHER INFORMATION CONTACT:
    For technical issues: Mr. Christopher Wiacek, Office of Rulemaking,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>.
    For legal issues: Mr. Edward Glancy, Office of the Chief Counsel,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Overview of Standard 216
    B. Target Population of Standard 216
    C. Summary of 2005 Proposal
    D. Purpose of this SNPRM
II. Release of Vehicle Test Results
    A. Single-Sided Tests
    B. Two-Sided Tests
III. Discussion
    A. Pass/Fail Rate of the Vehicle Fleet
    B. Impact of Electronic Stability Control Safety Standard on
Potential Benefits
    C. Revised Cost and Weight Estimates
    D. Two-Sided Testing Implications
    E. Other Factors
IV. Comments Sought
V. Public Participation
VI. Rulemaking Analyses and Notices
VII. Proposed Regulatory Text

I. Introduction

    On August 23, 2005, NHTSA published in the Federal Register (70 FR
49223) a notice of proposed rulemaking (NPRM) to upgrade Federal Motor
Vehicle Safety Standard (FMVSS) No. 216, Roof Crush Resistance.\1\ As
discussed in the NPRM, this ongoing rulemaking is part of a
comprehensive plan for reducing the serious risk of rollover crashes
and the risk of death and serious injury in those crashes. In addition
to roof crush, other strategies in the comprehensive approach include
crash-avoidance initiatives such as electronic stability control which
will significantly reduce the number of rollovers, as well as
crashworthiness efforts such as ejection mitigation and improved door
lock strength which will lower the probability of ejection when
rollovers do occur.
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    \1\ Docket No. NHTSA-2005-22143.
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A. Overview of Standard 216

    FMVSS No. 216 seeks to reduce deaths and serious injuries resulting
from the roof being crushed and pushed into the occupant compartment
when the roof strikes the ground during rollover crashes. The standard
currently applies to passenger cars, and to multipurpose passenger
vehicles, trucks and buses with a GVWR of 2,722 kilograms (6,000
pounds) or less.
    The standard requires that when a large steel test plate (sometimes
referred to as a platen) is placed in contact with the roof of a
vehicle and then pressed downward, simulating contact of the roof with
the ground during a rollover crash, with steadily increasing force
until a force equivalent to 1.5 times the unloaded weight of the
vehicle is reached, the distance that the test plate has moved from the
point of contact must not exceed 127 mm (5 inches). The criterion of
the test plate not being permitted to move more than a specified amount
is sometimes referred to as the ``platen travel'' criterion. Under S5
of the standard, the application of force is limited to 22,240 Newtons
(5,000 pounds) for passenger cars, even if the unloaded weight of the
car times 1.5 is greater than that amount.

B. Target Population of Standard 216

    Due to the complex nature of a rollover event and the
particularlized effect of each element of the comprehensive and
systematic approach taken by the agency to address these crashes, each
element addresses a specific segment of the total rollover problem.
    Table 1 below shows the target population that could potentially
benefit from roof crush improvements.\2\ The target population for all
light vehicles is stratified by injury severity. The table demonstrates
how the final target population is derived from the broad category of
rollovers by

eliminating cases in which roof strength improvements would not be
effective. The final target populations are shown in bold at the bottom
of the table. Numbers in the table shown in parenthesis are deducted
from previous values to arrive at the final target population shown in
bold. All other numbers represent the values that result from the
restrictions noted in the left column. A full discussion of the basis
for the target population is included in the August 2005 Preliminary
Regulatory Impact Analysis (PRIA).
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    \2\ The target population reflects a very minimal incorporation
of ESC in the vehicle fleet. As discussed later in this SNPRM, the
final regulatory analysis will be adjusted to reflect full
incorporation of ESC into the vehicle fleet. ESC will significantly
reduce the number of rollover fatalities, and further reduce the
roof crush target population.
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    One modification to that basis should be noted. In the PRIA, it was
assumed that in cases in which there were fatal injuries which involved
both the head and another body region at the highest MAIS level, the
head injury was the cause of death. More recent analysis indicates that
only about \2/3\'s of these deaths were attributable to the head
injury. Based on this, the ``not sole injury'' category for fatalities
was adjusted to reflect the assumption that 67% of these cases would be
attributed to head injury, leaving a total of 476 fatalities as the
final target population applicable for roof crush.

                   Table 1.--Target Population Potentially Affected by Improved Roof Strength
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                                                   AIS 1            AIS 2           AIS 3-5         Fatalities
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Non-Convertible Light Vehicles in Rollovers.         199,549           37,661           21,933            9,011
Roof-Involved Rollover......................         164,007           32,862           19,520            7,679
No Fixed Object Collision on Top............         153,324           29,346           18,029            6,712
Not Totally Ejected.........................         149,632           25,949           12,638            3,227
Using Safety Restraints.....................         116,135           14,234            9,204            1,835
Front Outboard Seats........................         103,320           13,457            8,653            1,658
Not 12 Years Old or Younger.................         101,581           13,418            8,635            1,650
Roof Component Intrusion....................          64,123           10,339            6,747            1,125
Head, Neck, or Face Injury from Intruding             23,147            6,508            3,027              731
 Roof Component.............................
Injury--Not MAIS *..........................              (0)          (1,872)          (1,382)            (209)
Injury at MAIS--Not Sole Injury.............         (17,128)            (289)            (250)             (46)
Sole MAIS Injury............................           6,019            4,346            1,395             476
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* This means that the most serious injury was to a portion of the body other than the head, neck or face.

    The target population relevant to FMVSS No. 216 in Table 1 is thus
a relatively small subset of the occupants injured in rollovers. For
fatalities, the estimated total for the target population is 5 percent
of all non-convertible light vehicle rollover fatalities (476/9,011).
For nonfatal injury categories, the estimated total ranges from 3 to 12
percent. The most significant exclusions resulted from requirements
that fatalities occurred in rollovers in which (1) the roof was damaged
in a rollover, (2) the damage was not caused by collision with a fixed
object, (3) the fatally injured occupants were not ejected, and (4)
those occupants were belted.
    It is important to understand what this Table indicates about the
safety potential of addressing roof crush. Even if there were some way
to prevent every single rollover death resulting from roof crush, the
total lives saved would be 476, not the approximately 10,000 deaths
that result from rollover each year. This is why each initiative in
NHTSA's comprehensive program to address the different aspects of the
rollover problem is so important. Each initiative has a different
target population. We have initiatives in place to:
    1. Reduce the occurrence of rollover crashes (e.g., the requirement
for Electronic Stability Control on all light vehicles and the NCAP
rollover ratings),
    2. Keep occupants inside the vehicle when rollovers occur (e.g.,
NHTSA's unstinting commitment to get passengers to buckle their seat
belts every time they ride in a vehicle, as well as the requirement for
enhanced door latches and the forthcoming new requirement for ejection
mitigation), and
    3. Better protect the occupants kept inside the vehicle during the
rollover (this rule to require enhanced roof crush resistance).
    Each of these three initiatives must work together to address the
various aspects of the rollover problem. However, it is important to
understand which portion of the rollover problem can be addressed by
each of these three initiatives, so that there is a clear and correct
understanding of the safety benefits potentially associated with each
of the different types of actions to reduce rollover deaths and
injuries.

C. Summary of 2005 Proposal

    To better address fatalities and injuries occurring in roof-
involved rollover crashes, we proposed in 2005 to extend the
application of the standard to vehicles with a GVWR of up to 4,536
kilograms (10,000 pounds), and to strengthen the requirements of FMVSS
No. 216 by mandating that the vehicle roof structures withstand a force
equivalent to 2.5 times the unloaded vehicle weight, and eliminating
the 22,240 Newtons (5,000 pounds) force limit for passenger cars.
Further, in recognition of the fact that the pre-test distance between
the interior surface of the roof and a given occupant's head varies
from vehicle model to vehicle model, we proposed to regulate roof
strength by requiring that the crush not exceed the available headroom.
Under the proposal, this requirement would replace the current limit on
test plate movement.
    The proposed new limit would prohibit any roof component from
contacting the head of a seated 50th percentile male dummy when the
roof is subjected to a force equivalent to 2.5 times the unloaded
vehicle weight. We note that this value is sometimes referred to as the
strength-to-weight ratio (SWR), e.g., a SWR of 1.5, 2.5, and so forth.

D. Purpose of This SNPRM

    The agency has been carefully analyzing the numerous comments it
received on its proposal. In addition, it has been analyzing the
various additional vehicle tests, including both single-side tests and
two-sided tests,\3\ conducted since the NPRM. In this document, we are
inviting comments on how the agency should factor this new information
into its decision. While the NPRM focused on a specified force
equivalent to 2.5 times the unloaded vehicle weight, the agency could
adopt

a higher or lower value for the final rule. With respect to two-sided
vehicle testing, we believe that, with the additional tests conducted
by the agency, there is now sufficient available information for the
agency to consider a two-sided requirement as an alternative to the
single-sided procedure described in the NPRM. The agency plans to
evaluate both the single-sided and two-sided testing alternatives for
the final rule. We are requesting comments that will help us reach a
decision on that issue.
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    \3\ Note that in the most recent agency testing, headroom
reduction had been assessed using a head positioning fixture in lieu
of a 50th percentile dummy. Reports on these tests explain the
procedure and type of fixture used to assess headroom reduction. (As
explained elsewhere in this document, these test reports are being
made available to the public through the agency's internet vehicle
crash test database.) Please note further that the agency is
considering whether this fixture should be specified in the final
rule.
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    In developing a final rule, the agency will consider the comments
submitted on both the August 2005 NPRM and this document. Thus, there
is no need for persons to re-submit the comments they provided for the
NPRM. We note that we are generally not discussing the comments in this
document, except for a few brief references that are relevant to the
potential economic impact of our proposal. We also note that the
proposed regulatory text in this document includes both the single-
sided and two-sided test requirement alternatives. The fact that the
proposed regulatory text for the two alternatives does not reflect
other changes suggested by commenters on the NPRM does not mean that we
will not consider those recommended changes in developing a final rule.
    We are providing a 45-day comment period. We believe this is
appropriate given that this is an SNPRM with a more limited focus than
the NPRM, and given the need to comply with a statutory deadline.

II. Release of Vehicle Test Results

    The test reports for the additional vehicle tests conducted by
NHTSA are being made available to the public through the agency's
internet vehicle crash test database. We are placing a memorandum in
the docket which provides the Web address for that database and lists
the vehicle models and test numbers that are needed to reference the
information in the database. The agency incorporates by reference these
test reports as part of the record for this rulemaking.

A. Single-Sided Tests

    Since the publication of the NPRM, the agency has conducted 35
additional single-sided tests. In this testing, the force was applied
to one side of the roof over the front seat area. Force was applied
until there was 127 mm (5 inches) of platen travel, unless head contact
occurred first. The strength of the roof was measured prior to any
subsequent testing the agency may have conducted on the second side.
The agency is releasing these data to the public in conjunction with
this document.
    A summary of the test results is presented in the Table 2 below.

                                                           Table 2.--Single-Sided Test Results
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                                                                            Peak strength within 127 mm     Peak strength prior to head       Platen
                                                             Unloaded    --------------------------------             contact              displacement
                         Vehicle                          vehicle weight                                 --------------------------------     at head
                                                                (kg)             N              SWR              N              SWR        contact  (mm)
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2006 VW Jetta...........................................           1,443          72,613             5.1          72,613             5.1             158
2007 Scion tC...........................................           1,326          59,749             4.6          59,749             4.6             113
2006 Volvo XC90.........................................           2,020          90,188             4.6             N/A             N/A             N/A
2006 Honda Civic........................................           1,251          55,207             4.5          55,207             4.5             177
2007 Toyota Tacoma......................................           1,489          64,441             4.4          64,441             4.4             123
2006 Mazda 5............................................           1,535          66,621             4.4          66,621             4.4             155
2007 Toyota Camry.......................................           1,468          62,097             4.3          62,097             4.3             N/A
2007 Toyota Yaris.......................................           1,038          41,073               4          41,073               4             115
2006 Ford 500...........................................           1,657          63,181             3.9          63,181             3.9             150
2007 Nissan Frontier....................................           1,615          62,828             3.9          62,828             3.9             167
2006 Subaru Tribeca.....................................           1,907          72,306             3.9          72,306             3.9             112
2006 Mitsubishi Eclipse.................................           1,485          51,711             3.6          51,711             3.6             127
2006 Hummer H3..........................................           2,128          70,264             3.4          70,264             3.4             185
2006 Hyundai Sonata.....................................           1,505          46,662             3.2          46,662             3.2             131
2007 Dodge Caravan......................................           1,759          52,436               3          52,436               3             N/A
2006 Chrysler Crossfire.................................           1,357          38,179             2.9          38,179             2.9             107
2004 Honda Accord.......................................           1,413          38,281             2.8          38,281             2.8             140
2007 Saturn Outlook*....................................           2,133          57,222             2.7          57,222             2.7             N/A
2006 Ford Mustang.......................................           1,527          40,101             2.7          41,822             2.8             132
2005 Buick Lacrosse.....................................           1,590          40,345             2.6          40,345             2.6             126
2006 Sprinter Van*......................................           1,946          49,073             2.6             N/A             N/A             N/A
2004 Cadillac SRX.......................................           1,961          50,346             2.6          50,346             2.6             138
2007 Honda CRV..........................................           1,529          38,637             2.6          38,637             2.6             N/A
2007 Chrysler 300.......................................           1,684          41,257             2.5          41,257             2.5             N/A
2005 Buick Lacrosse.....................................           1,588          37,196             2.4          37,196             2.4             123
2006 Honda Ridgeline....................................           2,036          47,334             2.4          47,334             2.4             172
2007 Ford F-150*........................................           2,413          54,829             2.3          54,829             2.3             N/A
2007 Buick Lucerne......................................           1,690          38,268             2.3          38,268             2.3             N/A
2004 Chevrolet 2500 HD*.................................           2,450          55,934             2.3          56,294             2.3             171
2007 Pontiac G6.........................................           1,497          33,393             2.3          33,393             2.3             124
2007 Chevrolet Express*.................................           2,471          55,038             2.3          55,038             2.3             N/A
2007 Jeep Grand Cherokee................................           1,941          41,582             2.2          41,582             2.2             117
2007 Chevrolet Tahoe*...................................           2,462          49,878             2.1          49,878             2.1             N/A
2006 Dodge Ram*.........................................           2,287          37,596             1.7          42,578             1.9             158
2003 Ford F-250*........................................           2,658          44,776             1.7          44,776             1.7            205
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*GVWR greater than 6,000 pounds

    We observed from this recent testing that the range of SWRs for
vehicles with a GVWR of 6,000 pounds (2722 kilograms) or less tended to
be higher than the range of SWRs for vehicles with a GVWR greater than
6,000 pounds (2722 kilograms). The SWR of many late model vehicles with
a GVWR of 6,000 pounds (2722 kilograms) or less was substantially
higher than the 2.5 value the agency focused on in the NPRM.
Conversely, only two vehicles we tested with a GVWR greater than 6,000
pounds (2722 kilograms) exceeded the 2.5 value.
    We note that the data presented in these tables do not factor in
the full spectrum of weight ranges for the models tested. The SWR for
each model was calculated using the unloaded vehicle weight (UVW) of
the tested vehicle rather than the maximum vehicle weight. In comments
on the NPRM, manufacturers said that vehicles would have to be designed
to comply in their maximum weight configuration. NHTSA agrees with this
comment and will reflect maximum weight configurations in the final
rule analysis.
    We request comments on any other steps the agency should take in
factoring these new test data into its decisions for the final rule.

B. Two-Sided Tests

    In the NPRM, the agency summarized the testing it had conducted to
evaluate the strength of the second side of the roof of vehicles whose
first side had already been tested. In this testing, after the force
was applied to one side of the roof over the front seat area of a
vehicle, the vehicle was repositioned and force was then applied on the
opposite side of the roof over the front seat area. In performing these
tests on both sides of a vehicle, the agency used the platen angle
currently specified in FMVSS No. 216 (5[deg] x 25[deg]). We concluded
that the strength of the roof on the second side of some vehicles may
have been increased or decreased as a result of the deformation of the
first side of the roof. The agency indicated that it planned to conduct
further research before proposing rulemaking in this area.
    The agency has expanded the series of two-sided roof crush tests
discussed in the NPRM. The agency has now conducted a total of 26
sequential two-sided tests, as part of its evaluation, and is also
releasing these data to the public in conjunction with this document.
    A summary of the test results is presented in the following Table
3.

                      Table 3.--Results of 2-Sided Testing (5[deg] x 25[deg] Platen Angle)
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                                                                Peak SWR prior to 127 mm
                                                                of platen travel or head   Peak force
                            Vehicle                                      contact             change
                                                               --------------------------  (percent)
                                                                  1st side     2nd side
-----------------------------------------------------------------------------------------------------
2007 Chevrolet Express \4\....................................          2.3          1.7        -27.3
2007 Jeep Grand Cherokee......................................          2.2          1.6        -27.1
2007 Pontiac G6...............................................          2.3          1.7        -23.8
2005 Lincoln LS *.............................................          2.6          2.0        -21.3
2007 Saturn Outlook...........................................          2.7          2.2        -20.8
2003 Ford Crown Victoria *....................................          2.0          1.7        -19.5
2007 Ford F-150...............................................          2.3          1.9        -19.0
2007 Chevrolet Tahoe..........................................          2.1          1.7        -16.4
2007 Toyota Yaris.............................................          4.0          3.4        -15.8
2005 Buick LaCrosse...........................................          2.6          2.2        -13.5
2007 Toyota Tacoma............................................          4.4          3.9        -12.2
2007 Buick Lucerne............................................          2.3          2.1        -10.8
2003 Chevrolet Impala *.......................................          2.9          2.5         -9.9
2004 Lincoln LS *.............................................          2.5          2.2         -8.7
2006 Subaru Tribeca...........................................          3.9          3.5         -8.3
2007 Scion tC.................................................          4.6          4.3         -6.7
2006 Chrysler Crossfire.......................................          2.9          2.7         -5.6
2007 Dodge Caravan............................................          3.0          2.9         -5.3
2007 Honda CRV................................................          2.6          2.5         -4.9
2005 Buick LaCrosse...........................................          2.4          2.3         -3.4
2004 Nissan Quest *...........................................          2.8          2.7         -3.0
2001 GMC Sierra *.............................................          1.9          1.9         -1.3
2007 Chrysler 300.............................................          2.5          2.5          1.6
2004 Chrysler Pacifica *......................................          2.2          2.4          7.0
2007 Toyota Camry.............................................          4.3          4.7          9.0
2004 Land Rover Freelander *..................................          1.7          2.0         19.2
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* Crush of first side stopped at windshield cracking.
\4\ Between the first and second side tests, the front door on the tested side was opened. Because of damage to
  the vehicle during the first side test, the door would not properly close. The door was clamped until the
  latch engaged, locking the door in place. This may have compromised the structural integrity of the roof and
  reduced the measured peak load on the second side.

    For the first eight tests (those with asterisks in the table),
testing of the first side of the vehicle was conducted until the
windshield cracked. This occurred between 90 and 100 mm (3.54 and 3.94
inches) of platen travel for all vehicles except the Nissan Quest which
required 135 mm (5.31 inches) of platen travel before the windshield
cracked. The second side was then tested for 254 mm (10 inches) of
platen travel. For all other tests, the first side was conducted to 127
mm (5 inches) of platen travel unless head contact occurred first. The
second side was then tested for 254 mm (10 inches) of platen travel. We
note that in all 26 tests, the windshield cracked before completion of
the first side test. In the first eight tests, the peak SWR was
recorded at the time the windshield cracked on the first side. For all
other testing, the SWR was recorded prior to 127 mm (5 inches) of
platen travel or prior to head contact, whichever occurred first.
    The two-sided test results show that the first side test generally
produces a weakening of the structure. This is

shown by the fact that the recorded SWR for the second side is
generally lower than for the first side. On average, the peak strength
for the second side was reduced by 8.7 percent. However, for several of
the vehicles, we observed considerably higher reductions in peak
strength. Of the 25 vehicles tested, excluding the Chevrolet Express,
six experienced reductions in strength of 19 percent or greater.
    With respect to two-sided vehicle testing, we believe that the
post-NPRM tests provide the agency with sufficient additional
information for the agency to now consider a two-sided test requirement
for the final rule. However, as discussed in the following sections,
the agency seeks comment on the relative trade offs between the single-
sided and two-sided test procedures.

III. Discussion

    Based upon the results of the testing described above, the agency
is contemplating various alternatives for a final rule. Each of the
alternatives will directly affect the current fleet failure rate
estimates, vehicle design changes and vehicle content necessary to meet
those alternatives, and consequent benefits and costs. The agency has
not completed cost/benefit analyses for these various alternatives,
however, the agency will ensure that its decisions about these
alternatives result in a final rule that is cost beneficial, as
contemplated by Executive Order 12866.
    Public comments submitted in response to the NPRM and research
conducted by NHTSA indicate some general conclusions that can be drawn
regarding the directional impact of these alternatives, as well as
subsequent changes in vehicle content and other factors that may
influence the final rule.
    The August 2005 PRIA examined the proposed SWR of 2.5 and the
alternative SWR of 3.0 times the unloaded vehicle weight. Estimated
costs ranged from $88 to 95 million for the 2.5 SWR alternative and
$1.2 to $1.3 billion for the 3.0 SWR alternative. Benefits were
estimated to be 13 to 44 fatalities and 498 to 793 nonfatal injuries
prevented for the 2.5 alternative, and 49 to 135 fatalities and 1540 to
2151 nonfatal injuries prevented for the 3.0 alternative. The estimated
impacts of the final rule will be changed by a number of factors. These
include:

A. Pass/Fail Rate of the Vehicle Fleet

    In response to the NPRM, manufacturers commented that NHTSA's
estimates underestimated the portion of the vehicle fleet that would
require changes. The manufacturers noted that NHTSA's estimates were
based on individual vehicles' actual weights, but that manufacturers
would have to design roof structures to meet the maximum weight that
each body design would be required to carry. Thus, for example, test
results from a vehicle with a four-cylinder engine and manual
transmission might not be indicative of the same vehicle with a six-
cylinder engine and automatic transmission option, even though they
share the same body design and roof structure. The agency agrees with
this comment and will make appropriate adjustments in its revised
analysis for the final rule. In the NPRM, the agency estimated that 32
percent of the vehicle fleet would have to be changed to meet the 2.5
proposal, whereas manufacturers commented that the portion was over 80
percent. Based on the agency's testing, more recent vehicle designs
tested appear to have stronger roofs. Therefore, it is not yet clear
what the actual failure rate will be. However, at this time, it appears
likely that the impact of this adjustment will be to increase both the
costs and benefits of the rule.

B. Impact of Electronic Stability Control Safety Standard on Potential
Benefits

    The PRIA for the August 2005 NPRM to amend FMVSS No. 216 examined
the model year (MY) 2005 fleet. During MY 2005, Electronic Stability
Control (ESC) was voluntarily installed on roughly 18% of the new light
vehicle fleet, and the PRIA took this into account.
    However, NHTSA published a proposal in September 2006 and a final
rule \5\ in April 2007 requiring ESC on 100% of passenger cars and of
light trucks, multipurpose passenger vehicles, and vans (LTVs),
effective September 1, 2011. Therefore, the FRIA for the final rule
upgrading FMVSS No. 216 will adjust the target population for this
rulemaking to reflect the ESC mandate. Since ESC is a highly effective
countermeasure, preventing roughly half of all rollovers in passenger
cars and LTVs, this adjustment will significantly reduce both the
target population and the safety benefits associated with FMVSS No.
216.
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    \5\ 66 FR 17236.
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C. Revised Cost and Weight Estimates

    In the PRIA, NHTSA based its cost estimates on 4 vehicles: The 1997
Plymouth Neon, the 1999 Ford E-150 Van, the 1997 Dodge Caravan, and the
1998 Chevrolet S-10 pickup. These vehicles were used because they were
the only vehicles for which the agency had finite element models which
could be used to simulate the impact of roof design changes on roof
strength. The agency used these vehicles to impute costs for the
overall fleet based on the relative roof strength of a sample of tested
vehicles. A similar procedure was used for vehicle weight changes. The
PRIA estimated that the average cost per affected vehicle would be
approximately $11 to meet the 2.5 SWR alternative and $51 for the 3.0
SWR alternative, with individual model costs as high as $16 for the 2.5
alternative and $84 for the 3.0 alternative. The PRIA also estimated
average weight increases ranging from 2 to 14 kilograms (4 to 30
pounds). Weight is a factor in the analysis because it influences both
fuel economy, and the vehicle's center of gravity which can influence
the vehicle's tendency to roll over.
    In response, the Alliance of Automobile Manufacturers (Alliance)
submitted an analysis of costs and weights for 2 vehicle types--a large
SUV and a large pickup truck.\6\ The Alliance estimates were based on
engineering studies from a variety of manufacturers and represented a
range of results for each vehicle type. The Alliance estimated that
variable unit costs for a large SUV would range from $38 to $58 to meet
a 2.5 SWR alternative, $60 to $90 to meet a 3.0 SWR alternative and
$110 to $130 to meet a 3.5 SWR alternative. Based on NHTSA cost
studies, total costs including overhead, markup and profit could be 50
percent higher than these variable costs. The Alliance estimated the
corresponding weight increases for these scenarios to be 27 to 30
kilograms (60 to 67 pounds) for the 2.5 SWR, 68 to 122 kilograms (150
to 270 pounds) for the 3.0 SWR, and 113 to 245 kilograms (250 to 540
pounds) for the 3.5 SWR. For the large pickup truck the Alliance
estimated that variable unit costs would range from $55 to $185 to meet
a 2.5 SWR alternative, $100 to $200 to meet a 3.0 SWR alternative and
$165 to $525 to meet a 3.5 SWR alternative. The Alliance estimate for
corresponding weight increases for these scenarios were 17 to 31
kilograms (38 to 68 pound) for the 2.5 SWR, 39 to 118 kilograms (85 to
260 pounds) for the 3.0 SWR, and 54 to 236 kilograms (120 to 520 pound)
for the 3.5 SWR.
---------------------------------------------------------------------------

    \6\ See Docket No. NHTSA-2005-22143-249.
---------------------------------------------------------------------------

    The Alliance also contracted an independent study by Magna Steyr on
the feasibility of modifying a crew cab pickup for compliance with the
NPRM proposal (2.5 SWR). The study concluded that meeting the proposal
in a 3-year lead time was feasible, but would add 33 kilograms (73
pounds) and $76 to $98 in variable costs. It also found that if enough
leadtime were

provided to allow implementation during a new production cycle, higher
strength materials were feasible in conjunction with new tooling and
this could result in a 5 kilogram (11 pound) savings in weight relative
to the base vehicle. The Alliance data represent industry estimates of
costs and weight impacts for the two types of vehicles--large SUVs and
large pickup trucks--for which higher SWRs are likely to pose the most
difficult challenges and result in the largest cost and weight
penalties. However, these types of vehicles represent only a small
portion of new vehicle sales (approximately 9 percent) and their design
challenges are unlikely to be representative of the bulk of the vehicle
fleet. The Alliance did not provide estimates for other vehicle types--
passenger cars, light pickups, crossover SUVs, etc. The agency believes
that meeting a higher SWR may be significantly easier for the vehicle
types not submitted by the Alliance based upon our fleet results. The
agency will consider the Alliance estimates and results from its own
research when developing the Final Regulatory Impact Analysis, but at
this time it is unclear whether unit costs will change significantly
for vehicles other than large pickups and large SUVs.
    The agency has also conducted additional tear down studies. A study
\7\ conducted by The Ohio State University examined the Volvo XC90 and
the Ford Explorer. The study found that the XC-90 roof had roughly \1/
3\ more structural parts than the Explorer, and that implementing some
of the XC-90 design concepts in the Ford Explorer would increase
material and tooling costs by $81 and weight by 15 kilograms (33
pounds). Additional work based on finite element models and cost
teardown studies conducted by Ludtke Associates and the National Crash
Analysis Center \8\ found that strengthening the 2003 Ford Explorer to
3.0 SWR would raise the vehicle's price by $33 to $35 and increase its
weight by 5 to 10 kilograms (10 to 23 pounds). They also examined a
2000 Ford Taurus. The study indicated that raising the Taurus to a 3.0
SWR would increase its price by $175 to $204, and increase its weight
by 7 to 12 kilograms (15 to 27 pounds).
---------------------------------------------------------------------------

    \7\ Available in the docket of this notice: Hutter, Erin E.,
``Improving Roof Crush Performance of a Sport Utility Vehicle,'' The
Ohio State University, 2007.
    \8\ Available in the docket of this notice: ``Cost, Weight, and
Lead Time Analysis Roof Crush Upgrade,'' Task Order No. 007.
---------------------------------------------------------------------------

D. Two-Sided Testing Implications

    The two-sided testing conducted by NHTSA thus far indicate an
average difference of approximately 8 percent lower peak force for the
second side in vehicles under 2,722 kilograms (6,000 pounds) GVWR \9\
and 17 percent lower peak force for the second side in vehicles over
2,722 kilograms (6,000 pounds) GVWR.\10\ Thus, the adoption of a two-
sided alternative would result in some increase in the portion of the
fleet that would fail the roof crush requirements beyond the portion
estimated in the NPRM. This would increase the benefits as well as the
costs of this rulemaking.
---------------------------------------------------------------------------

    \9\ Refers to vehicles with a GVWR equal to or less than 2,722
kilograms (6,000 pounds).
    \10\ Refers to vehicles with a GVWR greater than 2,722 kilograms
(6,000 pounds).
---------------------------------------------------------------------------

    We have conducted an analysis to examine the relative impact of
one-sided testing vs. two-sided testing, based primarily on the results
of the agency's own FMVSS No. 216 testing program. Since the
publication of the October 2001 request for comment (66 FR 53376), the
agency has conducted roof strength testing on 69 vehicles. Although
these tests were conducted on specific vehicles, for this exercise, the
results were adjusted to reflect the maximum unloaded vehicle weight
configuration for each make/model. The agency tested 21 vehicles with
GVWRs less than 2,722 kilograms (6,000 pounds) under a two-sided test
regime. Eleven of these vehicles passed a 2.5 SWR on both the first and
second side tested. Only five vehicles passed a 3.0 SWR on both sides
and only four passed a 3.5 SWR. The agency also conducted two-sided
tests on five vehicles with GVWRs over 2,722 kilograms (6,000 pounds).
None of these vehicles passed a 2.5 or greater SWR. The agency also has
single-sided testing data on 32 vehicles with GVWRs less than 2,722
kilograms (6,000 pounds) and 11 vehicles with GVWRs over 2,722
kilograms (6,000 pounds).
    The roof strength results for this sample of 69 vehicles were then
sales weighted to estimate the relative pass-fail rates that might
result for single-sided and two-sided test procedure alternatives. The
estimates show nearly 100 percent of vehicles over 2,722 kilograms
(6,000 pounds) GVWR failed under all scenarios. The vehicles with GVWR
under 2,722 kilograms (6,000 pounds) had higher failure rates for the
two-sided tests when compared to the single-sided procedure. At a SWR
of 2.5, the lighter vehicles are estimated to have a failure rate of 45
percent for single-sided and 67 percent for two-sided tests. The
failure rate increases with higher SWR scenarios. A summary of the
results is presented in the following Table 4.

                              Table 4.--Estimated Fleet Failure Rates Based on GVWR
----------------------------------------------------------------------------------------------------------------
                              GVWR                                    2.5 SWR         3.0 SWR         3.5 SWR
----------------------------------------------------------------------------------------------------------------
                                                Two-Sided Testing
----------------------------------------------------------------------------------------------------------------
<  2,722 kg GVWR.................................................           67.2%           78.6%           85.0%
> 2,722 kg GVWR.................................................          100.0%          100.0%          100.0%
                                                                 -----------------------------------------------
    Total.......................................................           75.1%           83.7%           88.6%
----------------------------------------------------------------------------------------------------------------
                                              Single-Sided Testing
----------------------------------------------------------------------------------------------------------------
<  2,722 kg GVWR.................................................           44.5%           76.9%           80.9%
> 2,722 kg GVWR.................................................           98.9%          100.0%          100.0%
                                                                 -----------------------------------------------
    Total.......................................................           57.6%           82.5%           85.5%
----------------------------------------------------------------------------------------------------------------

E. Other Factors

    In the NPRM, the agency estimated benefits based on post-crash
headroom, the only basis for which a statistical relationship with
injury reduction had been established. In that analysis, the agency
estimated that the proposed 2.5 SWR requirement would prevent 13 to 44
fatalities.\11\
---------------------------------------------------------------------------

    \11\ This range reflects two different methodologies that were
examined.
---------------------------------------------------------------------------

    More recently, the agency has estimated benefits based on the
relationship between intrusion and the probability of injury. This
relationship was not established when the NPRM was published, but with
the additional years of data available, a statistically significant
relationship between intrusion and injury for belted occupants has
since been established. A study regarding this relationship has
undergone peer review and is available in the docket.\12\ This broader
relationship, together with other factors, including the higher failure
rates resulting from adjustments for maximum vehicle weight and the
higher effective SWRs that result from this same issue will likely lead
to slightly higher benefits than was estimated in the NPRM.
---------------------------------------------------------------------------

    \12\ Available in the docket of the notice: Strashny, Alexander,
``The Role of Vertical Roof Intrusion and Post-Crash Headroom in
Predicting Roof Contact Injuries to the Head, Neck, or Face during
FMVSS 216 Rollovers.''
---------------------------------------------------------------------------

    In the NPRM, NHTSA estimated the cost of meeting the proposed 2.5
SWR single-sided test requirement at $16-$17 \13\ for vehicles that do
not already meet the standard, consisting of roughly $11 for design
changes and $5-$6 for added lifetime fuel consumption.
---------------------------------------------------------------------------

    \13\ Under a 7% and 3% discount rate, respectively.
---------------------------------------------------------------------------

    The agency believes that these cost estimates may increase for
several reasons. The first is that manufacturers stated that vehicle
body platforms must be designed to their heaviest possible design
configuration. This means that a body platform that supports several
different engine, transmission, and suspension options must be strong
enough to pass the test requirements under the maximum weighted
combination of these options. This could increase the effective SWR of
the entire body platform and this would increase the average cost and
weight impact of the required design changes. This would primarily be
an issue for large trucks and SUVs, which are designed with a wide
range of optional performance packages. It would be much less of a
factor for passenger cars.
    A second reason costs might rise is that predicted gasoline prices
may be higher than prices predicted in the NPRM. The NPRM fuel cost
estimates were based on forecasts from the Energy Information
Administration (EIA), which predicted an average pump price of roughly
$1.46/gallon (2002 dollars) in 2007. The final rule will be based on
EIA's latest predictions. It is expected that EIA's predictions will be
higher than its earlier ones.
    A third reason costs may rise is that the cost estimates NHTSA used
for the NPRM assumed single-sided tests. For the two-sided testing
program alternative, the agency found an average difference of
approximately 8-17 percent lower peak force for the second side
(depending on vehicle weight class). Thus, some vehicle designs may
need added strengthening to meet a two-sided test relative to a single-
sided test.
    Regardless of which alternative is adopted in the final rule, the
agency will ensure that the final rule is cost beneficial, as
contemplated by Executive Order 12866.

IV. Comments Sought

    The agency requests comments on the costs of meeting the single-
sided and two-sided testing alternative requirements for different
types of vehicles for the proposed SWR of 2.5, as well as the
alternatives of 3.0 and 3.5.
    1. In the single-sided test results, the agency observed that
vehicles under 6,000 pounds achieved higher SWR levels than did those
vehicles over 6,000 pounds. Should the agency consider different
stringency requirements for vehicles according to their weight class?
Will different design strategies be necessary to meet the requirements
for vehicles under or over 6,000 pounds? What are the cost implications
associated with different stringency requirements and different design
strategies?
    2. In the agency's two-sided testing, an average reduction of about
8% was observed in the second side SWR compared to the first side for
vehicles under 6,000 pounds, compared to an average 17% reduction for
those over 6,000 pounds. Table 4 also indicates a much higher failure
rate for two-sided testing compared to a single-sided requirement, and
appears to indicate that fleet failure rates (and consequently
benefits) for a two-sided test at a 2.5 SWR would be comparable to a
single-sided test at a higher SWR. What are the relative costs
associated with, for example, a two-sided requirement at 2.5 SWR versus
a single-sided test at 3.0 SWR? If comparable benefits can be achieved
with a single-sided test at a higher SWR requirement compared to a two-
sided test at a lower SWR level, are there other considerations the
agency should include in the FRIA?
    3. If a two-sided alternative is pursued in the final rule, will
different design strategies be required to meet the requirements for
vehicles under or over 6,000 pounds? What are the cost implications
associated with these strategies?

V. Public Participation

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments. Your comments must not be
more than 15 pages long.\14\ We established this limit to encourage you
to write your primary comments in a concise fashion. However, you may
attach necessary additional documents to your comments. There is no
limit on the length of the attachments.
---------------------------------------------------------------------------

    \14\ See 49 CFR 553.21.
---------------------------------------------------------------------------

    Please submit your comments by any of the following methods:
     Federal eRulemaking Portal: go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments.
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m.
Eastern Time, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    If you are submitting comments electronically as a PDF (Adobe)
file, we ask that the documents submitted be scanned using Optical
Character Recognition (OCR) process, thus allowing the agency to search
and copy certain portions of your submissions.\15\
---------------------------------------------------------------------------

    \15\ Optical character recognition (OCR) is the process of
converting an image of text, such as a scanned paper document or
electronic fax file, into computer-editable text.
---------------------------------------------------------------------------

    Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at http://www.whitehouse.gov/omb/fedreg/reproducible.html DOT's guidelines may be accessed at http://.

dmses.dot.gov/submit/DataQualityGuidelines.pdf.

How Can I Be Sure That My Comments Were Received?

    If you submit your comments by mail and wish Docket Management to
notify you upon its receipt of your comments, enclose a self-addressed,
stamped postcard in the envelope containing your comments. Upon
receiving your comments, Docket Management will return the postcard by
mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. When you send a comment
containing information claimed to be confidential business information,
you should include a cover letter setting forth the information
specified in our confidential business information regulation.\16\
---------------------------------------------------------------------------

    \16\ See 49 CFR 512.
---------------------------------------------------------------------------

    In addition, you should submit a copy, from which you have deleted
the claimed confidential business information, to the Docket by one of
the methods set forth above.

Will the Agency Consider Late Comments?

    We will consider all comments received before the close of business
on the comment closing date indicated above under DATES. To the extent
possible, we will also consider comments received after that date.
Therefore, if interested persons believe that any new information the
agency places in the docket affects their comments, they may submit
comments after the closing date concerning how the agency should
consider that information for the final rule.
    If a comment is received too late for us to consider in developing
a final rule (assuming that one is issued), we will consider that
comment as an informal suggestion for future rulemaking action.

How Can I Read the Comments Submitted By Other People?

    You may read the materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to http://www.regulations.gov.

Follow the online instructions for accessing the dockets. You may also
read the materials at the Docket Management Facility by going to the
street address given above under ADDRESSES. The Docket Management
Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through
Friday, except Federal holidays.

VI. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. The Office of Management and Budget reviewed
this rulemaking document under E.O. 12866, ``Regulatory Planning and
Review.'' This rulemaking action has been determined to be significant
under Executive Order 12866 and the DOT Policies and Procedures because
of Congressional and public interest.
    Our current understanding of the benefits and costs of this
rulemaking is set forth on the pages above.
    NHTSA will prepare a Final Regulatory Impact Analysis (FRIA)
describing the costs and benefits of this rulemaking action for the
final rule. The FRIA will analyze alternatives considered by the agency
and the final rule as issued, and will reflect consideration of
comments addressing costs and benefits. The agency invites comments
concerning how the alternatives to the proposal discussed in today's
document could affect costs and benefits.

B. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://docketsinfo.dot.gov/.

Rulemaking Analyses and Notices

    In the August 2005 NPRM, the agency discussed relevant requirements
related to the Regulatory Flexibility Act, the National Environmental
Policy Act, Executive Order 13132 (Federalism), the Unfunded Mandates
Act, Civil Justice Reform, the National Technology Transfer and
Advancement Act, and the Paperwork Reduction Act. The variations in the
proposal discussed in this document do not affect the agency's analyses
in those areas. NHTSA will address comments in these areas in
connection with the final rule.

VII. Proposed Regulatory Text

List of Subjects in 49 CFR Part 571

    Motor vehicle safety, Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as follows:

PART 571--[AMENDED]

    1. The authority citation of Part 571 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30166 and 30177;
delegation of authority at 49 CFR 1.50.

Alternative 1 (Two-Sided Test)

    2. Amend Sec.  571.216 by:
    a. Revising S3 to read as set forth below;
    b. Adding to S4, in alphabetical order, new definitions of
``Convertible'' and ``Roof component;''
    c. Revising S5 to read as set forth below;
    d. Removing S5.1;
    e. Revising S7.1 through S7.6 to read as set forth below;
    f. Adding S7.7 to read as set forth below; and
    g. Removing S8 through S8.4.
    The revisions and additions read as follows:

Sec.  571.216  Standard No. 216; Roof crush resistance.

* * * * *
    S3. Application. This standard applies to passenger cars, and to
multipurpose passenger vehicles, trucks and buses with a GVWR of 4,536
kilograms (10,000 pounds) or less. However, it does not apply to--
    (a) School buses;
    (b) Vehicles that conform to the rollover test requirements (S5.3)
of Standard No. 208 (Sec.  571.208) by means that require no action by
vehicle occupants;
    (c) Convertibles, except for optional compliance with the standard
as an alternative to the rollover test requirement (S5.3) of Standard
No. 208; or
    (d) Vehicles manufactured in two or more stages, other than chassis
cabs, that conform to the roof crush requirements (S4) of Standard No.
220 (Sec.  571.220).
    S4. Definitions.
* * * * *
    Convertible means a vehicle whose A-pillars are not joined with the
B-pillars (or rearmost pillars) by a fixed, rigid structural member.
* * * * *
    Roof component means the A-pillar, B-pillar, roof side rail, front
header, rear

header, roof, and all interior trim in contact with these components.
* * * * *
    S5. Requirements. When the test device described in S6 is used to
apply a force to a vehicle's roof in accordance with S7, first to one
side of the roof and then to the other side of the roof, no roof
component or portion of the test device may contact the head or the
neck of the seated Hybrid III 50th percentile male dummy specified in
49 CFR Part 572, Subpart E. The maximum applied force in Newtons is any
value up to and including 2.5 times the unloaded vehicle weight of the
vehicle, measured in kilograms and multiplied by 9.8.
* * * * *
    S7.1 Secure the vehicle in accordance with S7.1(a) through (d).
    (a) Support the vehicle off its suspension at a longitudinal
vehicle attitude of 0 degrees  0.5 degrees. Measure the
longitudinal vehicle attitude along both the driver and passenger sill.
Determine the lateral vehicle attitude by measuring the vertical
distance between a level surface and a standard reference point on the
bottom of the driver and passenger side sills. The difference between
the vertical distance measured on the driver side and the passenger
side sills shall not exceed  1 cm.
    (b) Secure the vehicle with four stands. The locations for
supporting the vehicle are defined in S7.1(c) or (d). Welding is
permissible. The vehicle overhangs are not supported. Chains and wire
rope are not used to secure the vehicle. Fix all non-rigid body mounts
to prevent motion of the body relative to the frame. Close all windows,
close and lock all doors, and secure any moveable or removable roof
structure in place over the occupant compartment. Remove roof racks or
other non-structural components.
    (c) For vehicles with manufacturer's designated jacking locations,
locate the stands at or near the specified location.
    (d) For vehicles with undefined jacking locations, generalized
jacking areas, or jacking areas that are not part of the vehicle body
or frame, such as axles or suspension members, locate two stands in the
region forward of the rearmost axle and two stands rearward of the
forwardmost axle. All four stands shall be located between the axles on
either the vehicle body or vehicle frame.
    S7.2 (a) Adjust the seats and steering controls in accordance with
S8.1.2 and S.8.1.4 of 49 CFR 571.208.
    (b) Place adjustable seat backs in the manufacturer's nominal
design riding position in the manner specified by the manufacturer.
Place any adjustable anchorages at the manufacturer's nominal design
position for a 50th percentile adult male occupant. Place each
adjustable head restraint in its lowest adjustment position. Adjustable
lumbar supports are positioned so that the lumbar support is in its
lowest adjustment position.
    S7.3 Position the Hybrid III 50th percentile male dummy specified
in 49 CFR Part 572, Subpart E in accordance with S10.1 through
S<IP_ADDRESS> of 49 CFR 571.208, in the front outboard designated seating
position on the side of the vehicle being tested.
    S7.4 Orient the test device as shown in Figure 1 of this section,
so that--
    (a) Its longitudinal axis is at a forward angle (in side view) of 5
degrees below the horizontal, and is parallel to the vertical plane
through the vehicle's longitudinal centerline;
    (b) Its transverse axis is at an outboard angle, in the front view
projection, of 25 degrees below the horizontal.
    S7.5 Maintaining the orientation specified in S7.4--
    (a) Lower the test device until it initially makes contact with the
roof of the vehicle.
    (b) Position the test device so that--
    (1) The longitudinal centerline on its lower surface is within 10
mm of the initial point of contact, or on the center of the initial
contact area, with the roof; and
    (2) The midpoint of the forward edge of the lower surface of the
test device is within 10 mm of the transverse vertical plane 254 mm
forward of the forwardmost point on the exterior surface of the roof,
including windshield trim, that lies in the longitudinal vertical plane
passing through the vehicle's longitudinal centerline.
    S7.6 Apply force so that the test device moves in a downward
direction perpendicular to the lower surface of the test device at a
rate of not more than 13 millimeters per second until reaching the
force level specified in S5. Guide the test device so that throughout
the test it moves, without rotation, in a straight line with its lower
surface oriented as specified in S7.4(a) and S7.4(b). Complete the test
within 120 seconds.
    S7.7 Repeat the test on the other side of the vehicle.
* * * * *

Alternative 2 (Single-Sided Test)

    3. Amend Sec.  571.216 by:
    a. Revising S3 to read as set forth below;
    b. Adding to S4, in alphabetical order, new definitions of
``Convertible'' and ``Roof component;''
    c. Revising S5 to read as set forth below;
    d. Removing S5.1;
    e. Revising S7.1 through S7.6 to read as set forth below; and
    f. Removing S8 through S8.4.
    The revisions and additions read as follows:

Sec.  571.216  Standard No. 216; Roof crush resistance.

* * * * *
    S3. Application. This standard applies to passenger cars, and to
multipurpose passenger vehicles, trucks and buses with a GVWR of 4,536
kilograms (10,000 pounds) or less. However, it does not apply to--
    (a) School buses;
    (b) Vehicles that conform to the rollover test requirements (S5.3)
of Standard No. 208 (Sec.  571.208) by means that require no action by
vehicle occupants;
    (c) Convertibles, except for optional compliance with the standard
as an alternative to the rollover test requirement (S5.3) of Standard
No. 208; or
    (d) Vehicles manufactured in two or more stages, other than chassis
cabs, that conform to the roof crush requirements (S4) of Standard No.
220 (Sec.  571.220).
    S4. Definitions.
* * * * *
    Convertible means a vehicle whose A-pillars are not joined with the
B-pillars (or rearmost pillars) by a fixed, rigid structural member.
* * * * *
    Roof component means the A-pillar, B-pillar, roof side rail, front
header, rear header, roof, and all interior trim in contact with these
components.
* * * * *
    S5. Requirements. When the test device described in S6 is used to
apply a force to a vehicle's roof in accordance with S7, no roof
component or portion of the test device may contact the head or the
neck of the seated Hybrid III 50th percentile male dummy specified in
49 CFR Part 572, Subpart E. The maximum applied force in Newtons is any
value up to and including 2.5 times the unloaded vehicle weight of the
vehicle, measured in kilograms and multiplied by 9.8. A particular
vehicle need not meet the requirements on the second side of the
vehicle, after being tested at one location.
* * * * *
    S7.1 Secure the vehicle in accordance with S7.1(a) through (d).
    (a) Support the vehicle off its suspension at a longitudinal
vehicle attitude of 0 degrees  0.5 degrees.

Measure the longitudinal vehicle attitude along both the driver and
passenger sill. Determine the lateral vehicle attitude by measuring the
vertical distance between a level surface and a standard reference
point on the bottom of the driver and passenger side sills. The
difference between the vertical distance measured on the driver side
and the passenger side sills shall not exceed  1 cm.
    (b) Secure the vehicle with four stands. The locations for
supporting the vehicle are defined in S7.1(c) or (d). Welding is
permissible. The vehicle overhangs are not supported. Chains and wire
rope are not used to secure the vehicle. Fix all non-rigid body mounts
to prevent motion of the body relative to the frame. Close all windows,
close and lock all doors, and secure any moveable or removable roof
structure in place over the occupant compartment. Remove roof racks or
other non-structural components.
    (c) For vehicles with manufacturer's designated jacking locations,
locate the stands at or near the specified location.
    (d) For vehicles with undefined jacking locations, generalized
jacking areas, or jacking areas that are not part of the vehicle body
or frame, such as axles or suspension members, locate two stands in the
region forward of the rearmost axle and two stands rearward of the
forwardmost axle. All four stands shall be located between the axles on
either the vehicle body or vehicle frame.
    S7.2 (a) Adjust the seats and steering controls in accordance with
S8.1.2 and S.8.1.4 of 49 CFR 571.208.
    (b) Place adjustable seat backs in the manufacturer's nominal
design riding position in the manner specified by the manufacturer.
Place any adjustable anchorages at the manufacturer's nominal design
position for a 50th percentile adult male occupant. Place each
adjustable head restraint in its lowest adjustment position. Adjustable
lumbar supports are positioned so that the lumbar support is in its
lowest adjustment position.
    S7.3 Position the Hybrid III 50th percentile male dummy specified
in 49 CFR Part 572, Subpart E in accordance with S10.1 through
S<IP_ADDRESS> of 49 CFR 571.208, in the front outboard designated seating
position on the side of the vehicle being tested.
    S7.4 Orient the test device as shown in Figure 1 of this section,
so that--
    (a) Its longitudinal axis is at a forward angle (in side view) of 5
degrees below the horizontal, and is parallel to the vertical plane
through the vehicle's longitudinal centerline;
    (b) Its transverse axis is at an outboard angle, in the front view
projection, of 25 degrees below the horizontal.
    S7.5 Maintaining the orientation specified in S7.4--
    (a) Lower the test device until it initially makes contact with the
roof of the vehicle.
    (b) Position the test device so that--
    (1) The longitudinal centerline on its lower surface is within 10
mm of the initial point of contact, or on the center of the initial
contact area, with the roof; and
    (2) The midpoint of the forward edge of the lower surface of the
test device is within 10 mm of the transverse vertical plane 254 mm
forward of the forwardmost point on the exterior surface of the roof,
including windshield trim, that lies in the longitudinal vertical plane
passing through the vehicle's longitudinal centerline.
    S7.6 Apply force so that the test device moves in a downward
direction perpendicular to the lower surface of the test device at a
rate of not more than 13 millimeters per second until reaching the
force level specified in S5. Guide the test device so that throughout
the test it moves, without rotation, in a straight line with its lower
surface oriented as specified in S7.4(a) and S7.4(b). Complete the test
within 120 seconds.
* * * * *

    Issued: January 24, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 08-392 Filed 1-25-08; 12:22 pm]

BILLING CODE 4910-59-P