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Petition for reconsideration of FMVSS 216 final rule.
Abstract:
- June 26, 2009
- Mr. Ronald Medford
- Acting Deputy Administrator
- National Highway Traffic Safety Administration
1200 New Jersey Ave.
SE Washington D.C. 20590 - RE: PETITION FOR RECONSIDERATION OF FMVSS 216 FINAL RULE
Dear Mr. Medford,
On May 12, 2009, the National Highway Traffic Safety Administration (NHTSA) issued its amended Final Rule on Federal Motor Vehicle Safety Standard (FMVSS) 216 in the Federal Register. The stated purpose of the rule is to reduce rollover injuries and fatalities. The Center for Injury Research (CfIR) has reviewed the rule as published and hereby submits the following petition for reconsideration.
Basis for Reconsideration
CfIR submits three basic reasons for NHTSA to reconsider the Final Rule.
- 1. The quasi-static test and criteria does not reasonably differentiate between the injury risk of compliant and non-compliant vehicles. Some compliant vehicles have substantially greater injury risk than some non-compliant vehicles and vice-versa, as shown by Insurance Institute for Highway Safety (IIHS) real world rollover statistics and Jordan Rollover System (JRS) dynamic test data.
- 2. Contrary to NHTSA assertions, the JRS dynamic test device has been available for two years and extensive test data submissions show it to be reliable, repeatable, validated to real world rollover injury risk and accurate in assessing comparative injury potential performance, as identified above.
- 3. Drivers and passengers of light trucks, SUVs and vans to 10,000 pound gross vehicle weight (GVW) deserve the same rollover protection as occupants of 6,000 pound GVW vehicles. They are often less stable, occupants are more vulnerable and the vehicles are used more frequently in off-road transportation.
Static Test and Compliance Criteria Deficiencies
1. NHTSA has known since the 1989 Kahane report to Congress that the FMVSS 216 static roof crush test has had no direct or significant effect on reducing rollover injuries and fatalities. NHTSA’s Final Rule has as its basis a slightly modified static test and significantly increased criteria for compliance with only a statistically inferred cumulative damage effect on injury potential. The concern is that impact injuries are dynamic non-cumulative events and are a composite function of a vehicle’s roll and pitch orientation, structural strength, geometry, elasticity and stiffness as well as occupant kinematics, interaction and the effectiveness of protection features. Only dynamic testing can accurately consider these variables and rate vehicles accordingly.