The National Highway Traffic Safety Administration (NHTSA) published a Supplemental Notice of proposed Rulemaking (SNPRM) in the July 9, 2024, Federal Register (F.R. Vol. 89 No. 131; Docket No. NHTSA-2023-0031) providing information regarding the Test Device for Human Occupant Restraint (THOR) 50th percentile adult male. This SNPRM announces the availability of documents supplementing the NHTSA September 2023 Notice of Proposed Rulemaking (NPRM) to amend NHTSA’s regulations to include an advanced crash test dummy. The documents referenced in this notification were scheduled to be available in the docket as of July 9, 2024.
The NPRM referenced a variety of research that NHTSA had conducted to support the development of the THOR-50M dummy; however, most of this research was published and/or made available in the research docket prior to the NPRM being published. The NPRM noted that research was continuing in several areas and that additional reports would be docketed post the NPRM appearing in the Federal Register. With the research being completed, the NHTSA is now docketing the associated research reports. As was done for other research reports and documentation referenced in the NPRM, these reports are being placed in the research docket, Docket No. NHTSA-2019-0106, and not the docket for this rulemaking. NHTSA; however, intends these documents to be included as part of this rulemaking record. The following documents are being docketed:
- “Comparison of the THOR–50M IR–TRACC Measurement Device to an Alternative S–Track Measurement Device”
- “Analysis of THOR–50M Alternate Configurations in Gold Standard Sled Testing”
- "Development of an Alternative Shoulder for the THOR–50M"
- “THOR–50M In-dummy Data Acquisition System Evaluation”
Additionally, the NHTSA docket includes a Memorandum of Understanding (MOU) between the NHTSA and Humanetics concerning the use of Humanetics proprietary information in the NHTSA rulemaking activities. Humanetics is a global industrial technology group (including Human Solutions, Avalution, mg-sensors, ADT-LabTech, Fibercore, HITEC Sensor Development, and OpTek Systems) that develops and manufacturers crash test dummies and some of the components. As the NPRM indicated, portions of the shoulder assembly specified in the 2018 drawing package (SD–3 shoulder) are covered by a patent issued to Humanetics.
The NHTSA has generally avoided specifying in Part 572 patented components or copyrighted designs without either securing agreement from the rights-holder for the free use of (or reasonable license to) the item or developing an alternative unencumbered by any rights claims. In the NPRM, the NHTSA explained their reasons for taking this position. Among other things, proprietary components may be modified by the proprietary source such that the original is no longer available, and the new part no longer fits. The proprietary source may also alter the part such that dummies with the newer part do not provide the same response as dummies with the older part. The NHTSA; therefore, designed, built, and tested an alternative design for a part of the shoulder assembly referred to as the shoulder pivot assembly that is not subject to any intellectual property claims. The proposed drawing package (2023 drawing package) included specifications for the SD–3 shoulder pivot assembly as well as the alternate shoulder pivot assembly, so that the NHTSA could use either one. In the NPRM, the NHTSA sought specific comment on whether the final drawing package should include the SD–3 shoulder, the alternate shoulder, or both.
Under the MOU, for proprietary information used as part of a NHTSA proposed rulemaking under Part 572, the NHTSA may use such information as long as the rulemaking includes language alerting the public that the design and/or drawings are property of Humanetics and are being provided by Humanetics to support evaluation and comment related to the NHTSA's rulemaking process. Design drawings may not be copied or used for any other purposes without the written consent of Humanetics, and no license would be granted to any patented designs. Also, under the MOU, for proprietary information used in a Final Rule issued under Part 572, no restrictions will apply to copyrighted design and drawings upon the effective date of the Final Rule. All restrictive notices appearing in a proposal document will be removed in the Final Rule. Similarly, no restrictions will apply to the patented design upon the effective date of the Final Rule, if the Final Rule does not specify the use of another design as an alternative to the patented design. Specifically, Humanetics will provide to the NHTSA for each applicable patent either a notice of abandonment of that patent to the United States Patent and Trademark Office or a letter stating that that patent will not be enforced against any third-party use. Likewise, if no alternative design is specified, all restrictive notices used in the proposal document associated with the use of the patented design will be removed as part of the publication of the Final Rule. In that circumstance, Humanetics will provide NHTSA a notice confirming that no restrictions on patented designs will apply. Based on the comments received to date, the NHTSA notes a general preference for a single open-source shoulder design over a single proprietary shoulder or alternative designs. In line with these comments, and subject to the understanding reached with Humanetics, the NHTSA has tentatively concluded that it would be preferable if the Final Rule specifies only the SD–3 shoulder. In addition, specifying only one shoulder design will help make the dummy responses more uniform. The NHTSA seeks comment on this tentative conclusion. These discussions were a continuation of discussions the NHTSA and Humanetics have had over the several years regarding the use of its proprietary information in the NHTSA rulemaking activities.
Comments on this Supplemental Notice of Proposed Rulemaking are required to be received by August 8, 2024. The Supplemental Notice of Proposed Rulemaking is available on InterRegs.NET for our US Federal subscribers and is also available at Selectregs.