Phase 2 of GTR No. includes proposals for injury assessment reference values (IARV). The United States has asserted that the IARV have not been sufficiently validated through cost-benefit analysis, which is a requirement in US rulemaking. Therefore, the US has proposed to permit regulators to select IARV that correspond to their local vehicle populations. However, adding this qualification (through a footnote) would create a precedent for future GTR and OICA has lamented that such diversity in application hampers the goal of harmonization. Therefore, the GTR 9 informal group and GRSP are putting this issue before the World Forum for guidance.
86. Upon the request of the representative of the United States of America, AC.3 agreed to discuss WP.29-162-03 under agenda item 17.5 (see paras. 91 and 92 below).
91. The representative of the United States of America, on behalf of the Chair of GRSP, introduced WP.29-162-03 (seeking guidance on issues not solved at the December 2013 session of GRSP), concerning the Injury Assessment References Values (IARVs) for the flexible lower legform (FlexPLI) to bumper test of the proposal for amendments to the UN GTR. He clarified that the text of the amendment to UN GTR No. 9 had been recommended by GRSP to the June 2014 session of AC.3. He reported that during the December 2013 session of GRSP, the expert from the United States of America had submitted informal document GRSP-54-32 stating that it was not in a position to agree with the proposed IARVs. He added that the proposed compromise solution of a footnote had been made by Germany at GRSP to allow other injury thresholds for Contracting Parties that do not have existing pedestrian protection regulations. He concluded that, at that session of GRSP, the expert from OICA had observed that this would compromise harmonization.
92.The representative of the United States of America proposed referring the document back to GRSP for consideration at its May 2014 session, which would delay the establishment of the UN GTR to a later session of AC.3. The representative of Germany noted that if the establishment of the amendments to the UN GTR would be delayed, the corresponding amendments to UN Regulation No. 127 should be transmitted to AC.1 for consideration at its June 2014 session. Furthermore, he sought the consent of AC.3 to extend the mandate of the IWG until November 2014. The representative of OICA added that amending UN Regulation No.127 would be perfectly possible since the needed transitional provisions would maintain the desired alignment with the current GTR No.9, thereby granting time for the research conducted in the United States of America. He also suggested consideration of yet another approach, by proceeding with the amendment of GTR No. 9 without the proposed footnote, but with a review clause for the IARV. AC.3 gave its consent to extending the mandate of the IWG and requested GRSP to further revise the compromise proposal at its May 2014 session based on the cost-benefit analysis.