On August 31, 2006, NHTSA published a Final Rule (71 FR 57168) increasing the maximum test speed for the belted rigid barrier test using the 5th percentile adult female dummy from 48 km/h (30 mph) to 56 km/h (35 mph), the same speed that had previously been adopted for 50th percentile adult male dummies. After considering the public's comments, the agency continued to believe that the test data obtained indicated that FMVSS No. 208 should require the same level of high speed crash protection for small stature occupants as for larger occupants.
NHTSA noted that the Final Rule was essentially the same as the proposal, except for the timing of the phase-in. Under the Final Rule, the new requirement was phased-in in a manner similar to the phase-in for the 56 km/h (35 mph) maximum speed test requirement using the 50th percentile adult male dummy, but with a beginning date two years later, i.e., September 1, 2009. NHTSA stated that the additional leadtime would provide manufacturers the time needed to meet design challenges associated with some vehicles and incorporate these additional requirements into their product development schedules without undue consequences. NHTSA stated that given that this phase-in was two years later, and that many vehicles already comply with the new requirement, NHTSA did not include advance credits as part of this phase-in, although carryover credits earned during the phase-in would be allowed.
The agency received a number of petitions for reconsideration addressing the need for advance credits. In response to these petitions for reconsideration of the August 2006 Final Rule, on November 2, 2007 NHTSA published a Final Rule adjusting the phase-in requirements to permit manufacturers to earn advance credits for vehicles that are certified in compliance with the new higher speed requirement one year in advance of the regulatory requirements, i.e., beginning on September 1, 2008.
NHTSA also is making technical corrections regarding special phase-in provisions for small volume manufacturers included in the August 2006 rule, as well as in several regulations (FMVSS 301 & Part 585). NHTSA confirmed that the regulatory text in S14.6 (d) was incorrect and is revising it to be consistent with the preamble, and with the regulatory text at S14.1 (d) and S14.3 (d). It will now read: "Vehicles that are manufactured by an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States are not subject to the requirements of S14.6." Prior to this change, the wording reflected 5,000 vehicles world-wide annually.
Effective Date: This Final Rule is effective January 2, 2008.
Petitions for Reconsideration: Petitions for reconsideration of this rule must be received by December 17, 2007.