In August 2005, the US Congress enacted the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)" that directed NHTSA to complete rulemaking procedures to establish a standard that would enhance passenger motor vehicle occupant protection for all seating positions in side impact crashes.
As a result, the US National Highway Traffic Safety Administration (NHTSA) issued a revised regulatory Final Rule (Docket No. NHTSA-29134) on September 11, 2007 for FMVSS 214, Side Impact Protection. NHTSA says that this revision to the current rule will require all vehicles under 10,000 pounds to meet added performance requirements that will force manufacturers to install technologies, i.e. mandatory side airbags and side curtain devices to better protect both front and rear seated occupants.
This final rule adds a dynamic pole test to FMVSS 214, "Side impact protection." To meet this test, vehicle manufacturers will need to assure both head and improved chest protection in side crashes. NHTSA says that this will lead to the installation of new technologies, such as side curtain air bags and torso side air bags. The agency says these devices are capable of improving head and thorax protection to occupants of vehicles that crash into poles and trees and vehicles that are laterally struck by a higher-riding vehicle. The side air bag systems installed to meet the requirements of this final rule will also reduce fatalities and injuries caused by partial ejections through side windows.
Vehicles will be tested with two new, scientifically advanced test dummies representing a wide range of occupants, from mid-size males to small females. A test dummy known as the ES-2re will represent mid-size adult male occupants. A test dummy known as the SID-IIs will represent smaller stature occupants. The SID-IIs is the size of a 5th percentile adult female.
This final rule also enhances FMVSS 214's moving deformable barrier (MDB) test. The current 50th percentile male dummy in the front seat of tested vehicles will be replaced with the more biofidelic ES-2re. In the rear seat, the new 5th percentile female SID-IIs dummy will be used, thus improving protection to a greater segment of occupants seated in rear seating positions.
The date on which this final rule amends the CFR is November 13, 2007. If you wish to petition for reconsideration of this rule, your petition must be received by October 26, 2007.
This final rule adopts a four-year phase-in of the new test requirements. The phase-in begins on September 1, 2009. By September 1, 2012, all vehicles must meet the upgraded pole and barrier test requirements of the standard, with certain exceptions. Alterers, manufacturers of vehicles produced in more than one stage and manufacturers of vehicles with a gross vehicle weight rating greater than 3,855 kilograms (8,500 pounds) have until September 1, 2013 to meet the upgraded pole and barrier test requirements.
Manufacturers can earn credits toward meeting the applicable phase-in percentages by producing compliant vehicles ahead of schedule, beginning November 13, 2007 and ending at the conclusion of the phase-in.