BILLING CODE 4910-59-P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 572
[Docket No. NHTSA-2023-0031]
RIN 2127-AM20
Anthropomorphic Test Devices; THOR 50th Percentile Adult Male Test Dummy;
Incorporation by Reference

AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
SUMMARY: This document announces the availability of documents supplementing
NHTSA’s September 2023 notice of proposed rulemaking to amend NHTSA’s
regulations to include an advanced crash test dummy, the Test Device for Human
Occupant Restraint 50th percentile adult male.
DATES: The documents referenced in this notification will be available in the docket as
of [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].You
should submit your comments early enough to be received not later than [INSERT
DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER].

ADDRESSES: You may submit comments electronically to the docket identified in the
heading of this document by visiting the Federal eRulemaking Portal at
http://www.regulations.gov. Follow the online instructions for submitting comments.
Alternatively, you can file comments using the following methods:
•

Mail: Docket Management Facility: U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.

•

Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you, please call
(202) 366-9826 before coming.

•

Fax: (202) 493-2251.
Instructions: All submissions must include the agency name and docket number

or Regulatory Information Number (RIN) for this rulemaking. For detailed instructions
on submitting comments and additional information on the rulemaking process, see the
Public Participation heading of the Supplementary Information section of this document.
Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information provided. Please see the
Privacy Act heading below.
Docket: For access to the docket to read background documents or comments
received, go to http://www.regulations.gov. You may also access the docket at 1200
New Jersey Avenue S.E., West Building, Room W12-140, Washington, DC 20590,

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
Holidays. Telephone: (202) 366-9826.
Confidential Business Information: If you claim that any of the information in
your comment (including any additional documents or attachments) constitutes
confidential business information within the meaning of 5 U.S.C. 552(b)(4) or is
protected from disclosure pursuant to 18 U.S.C. 1905, please see the detailed instructions
given under the Public Participation heading of the Supplementary Information section of
this document.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from
the public to better inform its rulemaking process. DOT posts these comments, without
edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL-14
FDMS, accessible through www.dot.gov/privacy. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of their
organization; however, submission of names is completely optional. Anyone is able to
search the electronic form of all comments received into any of our dockets by the name
of the individual submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT’s complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number
70; Pages 19477-78).
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may
contact Mr. Garry Brock, Office of Crashworthiness Standards, Telephone: (202) 3661740; Email: Garry.Brock@dot.gov; Facsimile: (202) 493-2739. For legal issues, you
may contact Mr. John Piazza, Office of Chief Counsel, Telephone: (202) 366-2992;

Email: John.Piazza@dot.gov; Facsimile: (202) 366-3820. The address of these officials
is: the National Highway Traffic Safety Administration, 1200 New Jersey Avenue S.E.,
Washington, D.C., 20590.
SUPPLEMENTARY INFORMATION: On September 7, 2023, NHTSA published a
Notice of Proposed Rulemaking (NPRM) to amend NHTSA’s regulations to include an
advanced crash test dummy, the Test Device for Human Occupant Restraint (THOR)
50th percentile adult male (THOR-50M). The dummy represents an adult male of
roughly average height and weight and is designed for use in frontal crash tests. The
documentation for the dummy, including detailed design information, engineering
drawings, qualification tests, and procedures for assembly and inspection, would be
incorporated by reference in 49 CFR part 572, Anthropomorphic Test Devices.
This document notices the availability of additional research reports and a
memorandum of understanding that are being placed in the research and rulemaking
dockets, respectively. These documents are briefly described below.
Research Reports
The NPRM referenced a variety of research NHTSA had conducted to support the
development of the THOR-50M dummy. Most of this research was published or made
available in the research docket before the NPRM was published. However, the NPRM
noted that research in several areas was ongoing and that additional research reports
would be docketed after the NPRM was published.
That research has been completed and NHTSA is now docketing the associated
research reports. As we did 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.1 Nevertheless, NHTSA intends these
documents to be included as part of the rulemaking record for this rulemaking action.
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”

Memorandum of Understanding Regarding Intellectual Property of Humanetics
NHTSA is also placing in the rulemaking docket a memorandum of
understanding between NHTSA and Humanetics concerning the use of Humanetics
proprietary information in NHTSA rulemaking activities. Humanetics is a global
industrial technology group (including Human Solutions, Avalution, mg-sensors, ADTLabTech, Fibercore, HITEC Sensor Development, and OpTek Systems) that, among
other things, develops and manufacturers crash test dummies and components used in
those dummies.
As NHTSA explained in the NPRM, portions of the shoulder assembly specified
in the 2018 drawing package (referred to as the SD-3 shoulder) are covered by a patent
issued to Humanetics. NHTSA has generally avoided specifying in part 572 patented
components or copyrighted designs without either securing agreement from the rights-

As we explained in the NPRM, NHTSA did not place the dummy documentation and related research
reports in the docket for this rulemaking action to avoid potential confusion from having identical
documents docketed at different times in different dockets. A memorandum explaining this determination
was docketed along with the NPRM.
5

holder for the free use of (or reasonable license to) the item or developing an alternative
unencumbered by any rights claims. In the NPRM, NHTSA explained the 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 also may alter the part in ways that change the
response of the dummy, such that dummies with the newer part do not provide the same
response as dummies with the older part.2
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 (the 2023 drawing package)
included specifications for the SD-3 shoulder pivot assembly as well as the alternate
shoulder pivot assembly so that NHTSA could use either one. In the NPRM, NHTSA
specifically solicited comment on whether the final drawing package should include the
SD-3 shoulder, the alternate shoulder, or both.
After the NPRM was published, NHTSA staff discussed with Humanetics the
disposition of its intellectual property claims on various anthropomorphic test devices,
including the THOR-50M.3 Humanetics’ designs and drawings may include information
that is subject to patent rights and/or copyrights. Based on these discussions, NHTSA
and Humanetics reached the following understanding with respect to Humanetics
proprietary information used either in an NPRM or final rule. (Below we briefly

See Section VIII of the NPRM.
These discussions were a continuation of discussions NHTSA and Humanetics have had over the past
several years regarding the use of its proprietary information in NHTSA rulemaking activities.
2
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summarize this understanding; the full terms can be found in the Memorandum of
Understanding.)
Under the Memorandum of Understanding, for proprietary information used as
part of a NHTSA proposed rulemaking under part 572, NHTSA may use such
information as long as the information includes language notifying 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 NHTSA’s rulemaking process.
Under the proposed rulemaking, 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.
Under the Memorandum of Understanding, 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, and all restrictive notices used 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 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, 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, 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. NHTSA seeks comment on this
tentative conclusion.
How do I prepare and submit comments?
Your comments must be written and in English. To ensure that your comments
are correctly filed in the Docket, please include the agency name and the docket number
or RIN in your comments.
Your comments must not be more than 15 pages long. (49 CFR 553.21). We
established this limit to encourage you to write your primary comments in a concise
fashion. However, you may attach necessary additional documents to your comments.
There is no limit on the length of the attachments.
If you are submitting comments electronically as a PDF (Adobe) file, NHTSA
asks that the documents be submitted using the Optical Character Recognition process,
thus allowing NHTSA to search and copy certain portions of your submissions.
Please note that pursuant to the Data Quality Act, for substantive data to be relied
upon and used by the agency, it must meet the information quality standards set forth in
the OMB and DOT Data Quality Act guidelines. Accordingly, we encourage you to
consult the guidelines in preparing your comments. OMB’s guidelines may be accessed

at https://www.transportation.gov/regulations/dot-information-dissemination-qualityguidelines.
How can I be sure that my comments were received?
If you wish the Docket to notify you upon its receipt of your comments, enclose a
self-addressed, stamped postcard in the envelope containing your comments. Upon
receiving your comments, the Docket will return the postcard by mail.
How do I submit confidential business information?
You should submit a redacted “public version” of your comment (including
redacted versions of any additional documents or attachments) to the docket using any of
the methods identified under ADDRESSES. This “public version” of your comment
should contain only the portions for which no claim of confidential treatment is made and
from which those portions for which confidential treatment is claimed have been
redacted. See below for further instructions on how to do this.
You also need to submit a request for confidential treatment directly to the Office
of Chief Counsel. Requests for confidential treatment are governed by 49 CFR part 512.
Your request must set forth the information specified in part 512. This includes the
materials for which confidentiality is being requested (as explained in more detail below);
supporting information, pursuant to part 512.8; and a certificate, pursuant to part 512.4(b)
and part 512, appendix A.
You are required to submit to the Office of Chief Counsel one unredacted
“confidential version” of the information for which you are seeking confidential
treatment. Pursuant to part 512.6, the words “ENTIRE PAGE CONFIDENTIAL
BUSINESS INFORMATION” or “CONFIDENTIAL BUSINESS INFORMATION

CONTAINED WITHIN BRACKETS” (as applicable) must appear at the top of each
page containing information claimed to be confidential. In the latter situation, where not
all information on the page is claimed to be confidential, identify each item of
information for which confidentiality is requested within brackets: “[ ].”
You are also required to submit to the Office of Chief Counsel one redacted
“public version” of the information for which you are seeking confidential treatment.
Pursuant to part 512.5(a)(2), the redacted “public version” should include redactions of
any information for which you are seeking confidential treatment (i.e., the only
information that should be unredacted is information for which you are not seeking
confidential treatment).
NHTSA is currently treating electronic submission as an acceptable method for
submitting confidential business information to the agency under part 512. Please do not
send a hardcopy of a request for confidential treatment to NHTSA’s headquarters. The
request should be sent to Dan Rabinovitz in the Office of the Chief Counsel at
Daniel.Rabinovitz@dot.gov. You may either submit your request via email or request a
secure file transfer link. If you are submitting the request via email, please also email a
courtesy copy of the request to John Piazza at John.Piazza@dot.gov.
Will the agency consider late comments?
We will consider all comments received before the close of business on the
comment closing date indicated above under DATES. To the extent possible, we will
also consider comments that the docket receives after that date. If the docket receives a
comment too late for us to consider in developing a final rule (assuming that one is

issued), we will consider that comment as an informal suggestion for future rulemaking
action.
How can I read the comments submitted by other people?
You may read the comments received by the docket at the address given above
under ADDRESSES. The hours of the docket are indicated above in the same location.
You may also see the comments on the Internet. To read the comments on the Internet,
go to http://www.regulations.gov. Follow the online instructions for accessing the
dockets.
Please note that even after the comment closing date, we will continue to file
relevant information in the docket as it becomes available. Further, some people may
submit late comments. Accordingly, we recommend that you periodically check the
Docket for new material. You can arrange with the docket to be notified when others file
comments in the docket. See www.regulations.gov for more information.

Issued under authority delegated in 49 CFR 1.95 and 501.5.

Sophie Shulman,
Deputy Administrator.

[FR Doc. 2024-14546 Filed: 7/8/2024 8:45 am; Publication Date: 7/9/2024]