[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2946-2947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1653]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 575
[Docket No. 92-65; Notice 3]
RIN 2127-AE61
Consumer Information Regulations; Vehicle Stopping Distance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Response to petition for reconsideration.
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SUMMARY: In response to a petition for reconsideration submitted by
Advocates for Highway and Auto Safety, this document reaffirms NHTSA's
decision to rescind the requirement that motor vehicle manufacturers
provide consumers with information about vehicle stopping distance. The
agency is taking this action because the information provided pursuant
to that requirement did not permit consumers to distinguish between
many of the new vehicles and was not used by consumers in their vehicle
purchasing decisions. Further, upgrading the requirement would be
unduly burdensome on manufacturers and could actually be
counterproductive since it might mislead consumers about the ability of
their vehicles to stop under varied circumstances.
FOR FURTHER INFORMATION CONTACT:
For non-legal issues: Ms. Henrietta Spinner, NPS-21, Office of Market
Incentives, National Highway Traffic Safety Administration, 400 Seventh
Street SW., Washington, DC 20590 (202-366-4802).
For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division,
Office of Chief Counsel, National Highway Traffic Safety
Administration, 400 Seventh Street SW., Washington, DC 20590 (202-366-
2992).
SUPPLEMENTARY INFORMATION:
I. June 1995 Final Rule
On June 26, 1995, the National Highway Traffic Safety
Administration (NHTSA) published a final rule that rescinded the
stopping distance information requirements in Sec. 575.101 of Title 49
of the Code of Federal Regulations (60 FR 32918). The agency explained
that it reached this decision after concluding that the stopping
distance requirement was not resulting in the provision of meaningful
information to consumers about the differences between vehicle models
in stopping distance and that an upgraded requirement to mandate model
specific stopping distance information would have been costly and might
not have provided significant safety benefits. The agency stated that
mandating model specific stopping distance information might not reveal
sufficiently large differences between vehicles in stopping distance to
affect vehicle purchasing decisions. Further, such information might
mislead some vehicle owners about their vehicle's braking ability under
varied circumstances. The stopping distance measurements reflect the
ability of a vehicle to stop only under optimum conditions of vehicle
loading, tire-to-road peak friction coefficient, environment, and
driver braking skills.
In considering whether to rescind Sec. 575.101, NHTSA analyzed
several alternatives to rescission, including the alternative of
requiring manufacturers to provide model-specific stopping information.
NHTSA concluded that generating such stopping distance information
would be unduly burdensome for manufacturers to obtain, based on its
assessment of the costs of such a program and the small safety
benefits, if any, that might result.
NHTSA also explained its decision not to adopt more stringent
requirements for stopping distance information because it did not
appear that consumers would use the information in making their vehicle
purchasing decisions. The agency stated that consumers typically
consider and value such attributes as reliability, styling, price,
reputation, roominess, and safety. While stopping distance relates to
safety, NHTSA believed that the upgraded information would not impact
purchasing decisions because precise stopping distance information
would not yield differences sufficiently large to make stopping
distance a factor in consumers' selections among similar vehicle
models.
NHTSA stated that it remained committed to ensuring that consumers
received appropriate safety information and noted that the agency is
working with the National Academy of Sciences (NAS) to review and
possibly expand the agency's consumer information efforts. According to
the House Appropriations Committee report addressing the NAS study:
The study should focus on the validity of current programs,
public and private, in providing accurate information to consumers
on the real-world safety of vehicles, the possibility of improving
the system in a cost effective and realistic manner, and the best
[[Page 2947]]
methods of providing useful information to consumers.
This study is expected to be completed by the statutory due date of
March 31, 1996, for the submission of a final report on the NAS
findings to the House and Senate Appropriations Committees. NHTSA
stated that it will review the NAS study for insights into whether
there is an effective means to provide consumers with information about
vehicle stopping ability. NHTSA nevertheless concluded that since
commenters agreed that the previously required information is not
meaningful or helpful to consumers, no purpose is served by retaining
section 575.101.
II. Petition for Reconsideration
On July 25, 1995, Advocates for Highway and Auto Safety (Advocates)
petitioned NHTSA to reconsider its decision to rescind the vehicle
stopping distance consumer information regulation. Advocates stated
that NHTSA's decision to rescind this regulation is ``ill-timed and
inappropriate.'' That organization requested the agency to reconsider
its decision to rescind the regulation, given the previously mentioned
NAS study of consumer information programs. It stated that the agency
should not have rescinded this regulation until after the NAS study is
completed.
III. NHTSA's Decision
After reviewing Advocates' petition, NHTSA continues to believe
that its decision to rescind the vehicle stopping distance consumer
information requirement was appropriate. The information provided
pursuant to that requirement did not permit consumers to distinguish
among many of the new vehicles and was not used by consumers in their
vehicle purchasing decisions.
The agency disagrees with the petitioner that it should have waited
to rescind the stopping distance requirements until completion of the
NAS study on consumer information. That study will not address the
rescinded requirements and thus will not yield any information or
conclusions bearing on the merits of the agency's rescission decision.
Further, the agency believes that no useful purpose would be served by
reinstating the requirement until the NAS study is completed and the
agency has a chance to analyze the findings and recommendations.
If the NAS study suggests an approach that would make the stopping
distance information meaningful and helpful to consumers at reasonable
cost, the agency would propose adopting such an approach. However,
NHTSA notes that it is unlikely that the NAS study will emphasize
vehicle stopping distance as a significant consumer information
concern. Standard Numbers 105 and 135 regulate the stopping performance
of light vehicles, thereby ensuring that these vehicles have safe
braking performance. Further, NHTSA continues to believe that, in
making their purchasing decisions, consumers will typically not be
concerned with stopping performance.
Based on the above considerations, NHTSA again concludes that the
previously required stopping distance information is not useful. The
agency therefore has decided to reaffirm its decision to rescind its
requirement for that information.
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Issued on: January 24, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 96-1653 Filed 1-29-96; 8:45 am]
BILLING CODE 4910-59-P
