DOT 49 CFR PART 552-2010 PETITIONS FOR RULEMAKING DEFECT AND NONCOMPLIANCE ORDERS.pdf

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1、155 Natl Highway Traffic Safety Admin., DOT 552.5 PART 552PETITIONS FOR RULE-MAKING, DEFECT, AND NON-COMPLIANCE ORDERS Subpart AGeneral Sec. 552.1 Scope. 552.2 Purpose. 552.3 General. 552.4 Requirements for petition. 552.5 Improperly filed petitions. 552.6 Technical review. 552.7 Public meeting. 552

2、.8 Notification of agency action on the petition. 552.9 Grant of petition. 552.10 Denial of petition. Subpart BPetitions for Expedited Rule-making To Establish Dynamic Auto-matic Suppression System Test Proce-dures for Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection 552.11 A

3、pplication. 552.12 Definitions. 552.13 Form of petition. 552.14 Content of petition. 552.15 Processing of petition. AUTHORITY: 49 U.S.C. 30111, 30118, 30162; del-egation of authority at 49 CFR 1.50. SOURCE: 40 FR 42014, Sept. 10, 1975, unless otherwise noted. Subpart AGeneral 552.1 Scope. This part

4、establishes procedures for the submission and disposition of peti-tions filed by interested persons pursu-ant to 49 U.S.C. Chapters 301, 305, 321, 323, 325, 327, 329 and 331 to initiate rule-making or to make a decision that a motor vehicle or item of replacement equipment does not comply with an ap

5、-plicable Federal motor vehicle safety standard or contains a defect which re-lates to motor vehicle safety. 60 FR 17267, Apr. 5, 1995 552.2 Purpose. The purpose of this part is to enable the National Highway Traffic Safety Administration to identify and respond on a timely basis to petitions for ru

6、le-making or defect or noncompliance de-cisions, and to inform the public of the procedures following in response to such petitions. 60 FR 17267, Apr. 5, 1995 552.3 General. Any interested person may file with the Administrator a petition request-ing him: (a) To commence a proceeding re-specting the

7、 issuance, amendment or revocation of a motor vehicle safety standard, or (b) To commence a proceeding to de-cide whether to issue an order con-cerning the notification and remedy of a failure of a motor vehicle or item of replacement equipment to comply with an applicable motor vehicle safety stand

8、ard or a defect in such vehicle or equipment that relates to motor vehi-cle safety. 60 FR 17267, Apr. 5, 1995 552.4 Requirements for petition. A petition filed under this part should be addressed and submitted to: Administrator, National Highway Traf-fic Safety Administration, 400 Seventh Street, S.

9、W., Washington, DC 20590. Each petition filed under this part must: (a) Be written in the English lan-guage; (b) Have, preceding its text, a head-ing that includes the word Petition; (c) Set forth facts which it is claimed establish that an order is necessary; (d) Set forth a brief description of th

10、e substance of the order which it is claimed should be issued; and (e) Contain the name and address of the petitioner. 552.5 Improperly filed petitions. (a) A petition that is not addressed as specified in 552.4, but that meets the other requirements of that section, will be treated as a properly fi

11、led petition, received as of the time it is discovered and identified. (b) A document that fails to conform to one or more of the requirements of 552.4(a) through (e) will not be treated as a petition under this part. Such a document will be treated according to the existing correspondence or other

12、appropriate procedures of the NHTSA, and any suggestions contained in it VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00165 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license f

13、rom IHS-,-,-156 49 CFR Ch. V (10110 Edition) 552.6 will be considered at the discretion of the Administrator or his delegate. 552.6 Technical review. The appropriate Associate Adminis-trator conducts a technical review of the petition. The technical review may consist of an analysis of the material

14、submitted, together with information already in the possession of the agency. It may also include the collection of additional information, or a public meeting in accordance with 552.7. 60 FR 17267, Apr. 5, 1995 552.7 Public meeting. If the Associate Administrator de-cides that a public meeting on t

15、he sub-ject of the petition would contribute to the determination whether to com-mence a proceeding, he issues a notice of public meeting for publication in the FEDERAL REGISTER to advise interested persons of the time, place, and subject matter of the public meeting and invite their participation.

16、Interested persons may submit their views and evidence through oral or written presentations, or both. There is no cross examination of witnesses. A transcript of the meet-ing is kept and exhibits may be accept-ed as part of the transcript. Sections 556 and 557 of title 5, U.S.C., do not apply to me

17、etings held under this part. The Chief Counsel designates a member of his staff to serve as legal officer at the meeting. 552.8 Notification of agency action on the petition. After considering the technical re-view conducted under 552.6, and tak-ing into account appropriate factors, which may includ

18、e, among others, allo-cation of agency resources, agency pri-orities and the likelihood of success in litigation which might arise from the order, the Administrator will grant or deny the petition. NHTSA will notify the petitioner of the decision to grant or deny the petition within 120 days after i

19、ts receipt of the petition. 60 FR 17267, Apr. 5, 1995 552.9 Grant of petition. (a) If a petition for rulemaking with respect to a motor vehicle safety standard is granted, a rulemaking pro-ceeding is promptly commenced in ac-cordance with applicable NHTSA and statutory procedures. The granting of su

20、ch a petition and the commencement of a rulemaking proceeding does not signify, however, that the rule in ques-tion will be issued. A decision as to the issuance of the rule is made on the basis of all available information de-veloped in the course of the rule-making proceeding, in accordance with s

21、tatutory criteria. (b) If a petition with respect to a noncompliance or a defect is granted, a proceeding to determine the existence of the noncompliance or defect is promptly commenced by the initiation of an investigation by the Office of Standards Enforcement or the Office of Defects Investigatio

22、n, as appropriate. 552.10 Denial of petition. If a petition is denied, a FEDERAL REGISTER notice of the denial is issued within 45 days of the denial, setting forth the reasons for denial of the peti-tion. Subpart BPetitions for Expedited Rulemaking To Establish Dy-namic Automatic Suppression System

23、 Test Procedures for Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection SOURCE: 65 FR 30744, May 12, 2000, unless otherwise noted. 552.11 Application. This subpart establishes procedures for the submission and disposition of petitions filed by interested parties to initiate rul

24、emaking to add a test pro-cedure to 49 CFR 571.208, S28. 552.12 Definitions. For purposes of this subpart, the fol-lowing definitions apply: (a) Dynamic automatic suppression sys-tem (DASS) means a portion of an air bag system that automatically con-trols whether or not the air bag de-ploys during a

25、 crash by: (1) Sensing the location of an occu-pant, moving or still, in relation to the air bag; VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00166 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking pe

26、rmitted without license from IHS-,-,-157 Natl Highway Traffic Safety Admin., DOT 552.14 (2) Interpreting the occupant charac-teristics and location information to determine whether or not the air bag should deploy; and (3) Activating or suppressing the air bag system based on the interpretation of c

27、haracteristics and occupant loca-tion information. (b) Automatic suppression zone (ASZ) means a three-dimensional zone adja-cent to the air bag cover, specified by the vehicle manufacturer, where air bag deployment will be suppressed by the DASS if a vehicle occupant enters the zone under specified

28、conditions. (c) Standard No. 208 means 49 CFR 571.208. 552.13 Form of petition. Each petition filed under this subpart shall (a) Be submitted to: Administrator, National Highway Traffic Safety Ad-ministration, 400 Seventh Street, S.W., Washington, DC 20590. (b) Be written in the English lan-guage. (

29、c) State the name and address of the petitioner. (d) Set forth in full the data, views and arguments of the petitioner sup-porting the requested test procedure, including all of the content informa-tion specified by 552.14. Any docu-ments incorporated by reference in the procedure shall be submitted

30、 with the petition. (e) Specify and segregate any part of the information and data submitted that the petitioner wishes to have withheld from public disclosure in ac-cordance with part 512 of this chapter including, if requested, the name and address of the petitioner. (f) Not request confidential t

31、reat-ment for the requested test procedure and, to the extent confidential treat-ment is requested concerning a par-ticular DASS or data and analysis sub-mitted in support of the petition, pro-vide a general non-confidential descrip-tion of the operation of the DASS and of the data and analysis supp

32、orting the petition. (g) Set forth a requested effective date and be submitted at least nine months before that date. 552.14 Content of petition. The petitioner shall provide the fol-lowing information: (a) A set of proposed test procedures for S28.1, S28.2, S28.3, and S28.4 of Standard No. 208 whic

33、h the petitioner believes are appropriate for assessing a particular DASS. (1) For S28.1 of Standard No. 208, the petitioner shall specify at least one specific position for the Part 572, sub-part O 5th percentile female dummy that is: (i) Outside but adjacent to the ASZ, and (ii) Representative of

34、an unbelted oc-cupant position that is likely to occur during a frontal crash. (2) For S28.2 of Standard No. 208, the petitioner shall specify at least one specific position for the Part 572 Sub-part P 3-year-old child dummy and at least one specific position for the Part 572 Subpart N 6-year-old ch

35、ild dummy that are: (i) Outside but adjacent to the ASZ, and (ii) Representative of unbelted occu-pant positions that are likely to occur during a frontal crash where pre-crash braking occurs. (3) For S28.3 of Standard No. 208, the petitioner shall specify a procedure which tests the operation of th

36、e DASS by moving a test device toward the driver air bag in a manner that simu-lates the motion of an unbelted occu-pant during pre-crash braking or other pre-crash maneuver. The petitioner shall include a complete description, including drawings and instrumenta-tion, of the test device employed in

37、the proposed test. The petitioner shall in-clude in the procedure a means for de-termining whether the driver air bag was suppressed before any portion of the specified test device entered the ASZ during the test. The procedure shall also include a means of deter-mining when the specified test devic

38、e occupies the ASZ. (4) For S28.4 of Standard No. 208, the petitioner shall specify a procedure which tests the operation of the DASS by moving a test device toward the passenger air bag in a manner that simulates the motion of an unbelted occupant during pre-crash braking or VerDate Mar2010 14:39 D

39、ec 20, 2010 Jkt 220217 PO 00000 Frm 00167 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-158 49 CFR Ch. V (10110 Edition) 552.15 other pre-crash maneuver. The peti-tioner sh

40、all include a complete descrip-tion, including drawings and instru-mentation, of the test device employed in the proposed test. The petitioner shall include in the procedure a means for determining whether the passenger air bag was suppressed before any por-tion of the specified test device entered

41、the ASZ during the test. The procedure shall also include a means of deter-mining when the specified test device occupies the ASZ. (b) A complete description and expla-nation of the particular DASS that the petitioner believes will be appro-priately assessed by the recommended test procedures. This

42、shall include: (1) A description of the logic used by the DASS in determining whether to suppress the air bag or allow it to de-ploy. Such description shall include flow charts or similar materials out-lining the operation of the system logic, the system reaction time, the time duration used to eval

43、uate whether the air bag should be suppressed or de-ployed, changes, if any, in system per-formance based on the size of an occu-pant and vehicle speed, and a descrip-tion of the size and shape of the zone where under similar circumstances and conditions the DASS may either allow or suppress deploym

44、ent. Such descrip-tion shall also address whether and how the DASS discriminates between an occupants torso or head entering the ASZ as compared to an occupants hand or arm, and whether and how the DASS discriminates between an occu-pant entering the ASZ and an inani-mate object such as a newspaper

45、or ball entering the ASZ. (2) Detailed specifications for the size and shape of the ASZ, including wheth-er the suppression zone is designed to change size or shape depending on the vehicle speed, occupant size, or other factors. (c) Analysis and data supporting the appropriateness, repeatability, r

46、epro-ducibility and practicability of each of the proposed test procedures. (1) For the procedures proposed for inclusion in S28.1 and S28.2 of Standard No. 208, the petitioner shall provide the basis for the proposed dummy posi-tions, including but not limited to, why the positions are representati

47、ve of what is likely to occur in real world crashes. (2) For the procedures proposed for inclusion in S28.3 and S28.4 of Standard No. 208, the petitioner shall provide: (i) A complete explanation of the means used in the proposed test to as-certain whether the air bag is sup-pressed or activated dur

48、ing the test. (ii) A complete description of the means used to evaluate the ability of the DASS to detect and respond to an occupant moving toward an air bag, in-cluding the method used to move a test device toward an air bag at speeds rep-resentative of occupant movement dur-ing pre-crash braking o

49、r other pre- crash maneuver. (iii) The procedure used for locating the test device inside a test vehicle in preparation for testing, including an accounting of the reference points used to specify such location. (iv) An explanation of the methods used to measure the amount of time needed by a suppression system to sup-press an air bag once a suppression triggering event occurs. (v) High speed film or video of at least two tests of the