On the Road With NHTSA: A Decade of Detours

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1 On the Road With NHTSA: A Decade of Detours Reviewing the Rulemaking Rec rd NHTSA Kept Busy With Petitions A LOOK AT THE AGENCY In this issue, Status Report highlights the safety-related rulemaking activities of the National Highway Traffic Safety Administration (NHTSA) during the past decade. NHTSA has always used regulation of motor vehicles to achieve safety goals, but during the past six years, the agency has also stressed consumer choice as a means to allow informed auto buyers to decide for themselves how much safety they can afford. Thus, the agency's attempts to provide better, more timely information to consumers are also examined.

2 On the Road With NHTSA

3 Vehicle Safety Stalled at NHTSA On the Road with NHTSA

4 Vehicle Safety Stalled HEADLIGHTS: DESI NFREEDOM HAS ITS PRICE For years, FMVSS 108 restricted manufacturers to several sizes and shapes of sealed beam headlights to reduce costs and prevent vehicles operating with broken or burned out headlights. Aug. 31, 1981: NHTSA issues a request for comments on whether the agency should revise 108 to allow manufacturers more design freedom. Coincidentally, on Aug. 28, 1981, Ford petitions the agency to "permit the use of composite headlamp systems, which will feature aerodynamically designed lens surfaces and a new replaceable halogen light source." Ford claims that as much as a 4 percent reduction in the overall drag coefficient could be achieved by redesign. Glass manufacturers warn that the cost of plastic headlight assemblies could mirror the high cost of plastic taillight assemblies, which are tailored to each vehicle. However, the manufacturers argued that with removable bulbs, it would be cheaper and easier to replace a burned out bulb than a sealed beam unit. June 2, 1983: NHTSA issues a final rule permitting manufacturers to use semi-sealed headlights with replaceable bulbs. Dec. 7, 1984: NHTSA issues another proposal on replaceable bulb headlights. The agency, however, warns that "although GM has told NHTSA that the replacement cost of the glass lens/plastic reflector ~vould be in the neighborhood of $35, the actual cost could be several times higher for low volume designs. If that cost were not subsidized by the manufacturer, it could well be over $100 per lamp. Current retail cost for a replacement light source at Ford dealers is $16.75." June 2, 1986: Another final rule is issued allowing manufacturers more design freedom while retaining certain photometric requirements. Replacement costs can be expensive. According to the Mitchell Collision Estimating Guide, the overall assembly prices for some replaceable bulb systems can be much higher than the sealed beam units. For example: 1987 Oldsmobile VgIIUI~ Replaceable Bulb type headlamp Headlamp $ Mounting bracket Mounting panel Total $ Oldsmobile ""OIIOIli:3 Sealed Beam type headlamp Bezel Headlamp (outer) Headlamp (inner) Mount panel Total $ $200.13

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6 Vehicle Safety Stalled POLICY PROCESS Not only is there a "Notice of Proposed Rulemaking," there is also an "Advance Notice of Proposed Rulemaking." NHTSA's rulemaking sometimes begins with an advance notice of proposed rulemaking, which announces in broad terms the agency's intention to establish or change a rule and invites public comment on the matter. All proposals are published in the Federal Register. Based on comments received, the agency may terminate the rulemaking or proceed with a formal notice of proposed rulemaking that contains the details and date on which the rule.is expected to become effective. The public is again encouraged to comment on the proposal, and a deadline is set for responses. After a review of the second generation of comments, NHTSA may terminate the rulemaking or may issue the rule unchanged or with minor adjustments. If NHTSA decides it must make major revisions, the agency will issue a new proposal and comments are collected anew. Within 30 days of publication of a final rule, any organization or individual can ask NHTSA to reconsider it by filing a "petition for reconsideration." The agency will either deny the petition, grant the changes in the petition or issue a proposal that incorporates the requested change and again welcome public comment. Adecision may also be challenged with a lawsuit, which must be filed within 60 days of the final rule. An organization or individual can also try to initiate rulemaking by petitioning the agency and NHTSA is required to respond within 120 days.

7 Despite 'Substantial Benefits,' Bumper Standard Is Dropped THE CAR BOOK In 1980, NHTSA published The Car Book, a 68-page compendium of information to help consumers shop for new and used cars and insurance. After a flood of requests exhausted the initial printing of 500,000 copies, NHTSA printed an additional 1.25 million copies. During 1981, Transportation Secretary Drew Lewis terminated the publication. (See Sta~ Report, Vol. 16, No. 20, Dec. 21, 1981.) Later that year, the book was updated and published privately by two former NHTSA employees. The book has been published privately every year since then. No.9,

8 Big Rigs: Extensive Study, No Action

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10 Big Rigs: Extensive Study, No Action Crashworthiness? Auto Buyers 'Are Left in the Dark'

11 No.9, 'Little Done' To Improve Pickups OMB DELAYS ACTION When NHTSA regulators corne under fire for foot dragging on important matters, they often point to the Office of Management and Budget (OMB). On February 17, 1981, President Reagan issued Executive Order 12291, "Federal Regulation," which strengthened the OMB's hand in pursuing the Administration's goal of regulatory relief. Among other things, the order directs agencies, to the extent permitted by law, not to issue new regulations unless the potential benefits of the rule exceed its costs. Moreover, regulatory agencies must submit all notices and final rules to OMB for review. In hearings on NHTSA's 1988 budget, an official said the clearance process can be quite lengthy, "particularly at the Office of Management and Budget...that alone has been running 75 days on average."

12 2 Activity and Litigation

13 NHTSA's difficulties in regulating motor vehicle safety improvements even when thousands of lives are involved are in striking contrast to a recent vehicle regulation proposed by the Environmental Protection Agency (EPA). Recently, EPA proposed a rule to require automakers to install canisters and valving systems in their vehicles to recycle gasoline vapors emitted during refueling, even though the health benefits are limited and evidence indicates they can increase the risk of postcrash fire. EPA says the rule is needed because 76 urban areas exceed a national air quality standard for ozone. Moreover, gasoline vapors have the "potential to cause cancer in humans," although "significant uncertainties exist in extrapolating...laboratory results to humans." Both NHTSA and the Institute have pointed out to EPA that its proposed rule has the potential of increasing the number of vehicle crash fires, especially fires fed by leaking gasoline vapor. There are about 1,200 fatal and 16,000 nonfatal crash fires each year, and as Brian O'Neill, Institute president points out, "Unfortunately, EPA may be trading one health problem for another."

14 Vehicle Safety Stalled at NHTSA

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16 SPECIAL ISSUE 11SN 8-988X