Report on DOT Significant Rulemakings

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National Highway Traffic Safety Administration
National Highway Traffic Safety Administration
61.	Roof Crush Resistance Yellow
Popular Title: Roof Crush Resistance
RIN 2127-AG51
Stage: NPRM
Previous Stage: Request for Comments: Publication Date 10/22/01; End of Comment Period 12/06/01.
Abstract: Mitigation of rollover fatal and serious injuries is one of the agency's highest priorities. Rollover crashes constitute about 3% of passenger vehicle crashes, but about 1/3 of the fatalities. Since light trucks are more prone to rollover, and as their percentage of the U.S. fleet continues to increase, this crash mode continues to constitute a disproportionate segment of the Nation's highway safety problem. As part of the agency's comprehensive approach to rollover, and in response to a petition for rulemaking, the agency is considering whether an upgrade to the roof crush requirements is warranted. This rulemaking is significant because of public interest in vehicle safety.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 05/20/1996
Dates for NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 09/28/2004  11/23/2004  11/29/2004  To OMB 10/28/2004  12/23/2004    OMB Clearance 01/28/2005  03/23/2005    Publication Date 02/04/2005  03/30/2005    End of Comment Period 04/04/2005  05/31/2005
Explanation for any delay: N/A
Federal Register Citation for NPRM: None

National Highway Traffic Safety Administration
62.	Fuel Economy Standards- Rights and Responsibilities of Manufacturers in the Context of Changes in Corporate Relationships Red
Popular Title: Fuel Economy Standards
RIN 2127-AG97
Stage: Final Rule
Previous Stage: NPRM: Publication Date 01/22/2001; End of Comment Period 3/22/2001.
Abstract: This rulemaking clarifies when and how predecessor and successor automobile manufacturers may use the fuel economy credits of the predecessor or successor. The use of carry forward or carry back credits is specified for manufacturers that merge. This action is considered significant because it affects the treatment of the Corporate Average Fuel Economy (CAFE) penalties.
Effects:   None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 04/27/1998
Dates for Final Rule: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 02/15/2003    09/30/2003  Returned to Mode     01/06/2004  Resubmitted to OST 06/01/2004  06/01/2004  07/12/2004  To OMB 03/17/2003  09/12/2004  09/07/2004  OMB Clearance 06/17/2003  12/12/2004    Publication Date 07/01/2003  12/26/2004    End of Comment Period 09/01/2003  02/26/2005
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None

National Highway Traffic Safety Administration
63.	FMVSS: Head Restraints (Height and Distance Requirements) Red
Popular Title: Head Restraints (Height and Distance Req)
RIN 2127-AH09
Stage: Final Rule
Previous Stage: NPRM: Publication Date 01/04/2001; End of Comment Period 03/05/2001.
Abstract: This rulemaking would upgrade the current head restraint requirements to increase safety. The upgraded proposed performance requirements are intended to assure that the head restraint, if adjusted, will offer good protection to occupants. This rulemaking is significant because of public interest in motor vehicle safety due to its potential to mitigate whiplash injuries.
Effects:   Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/01/2001
Dates for Final Rule: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 02/01/2003  06/30/2004  05/21/2004  To OMB 03/03/2003  07/30/2004  07/21/2004  OMB Clearance 06/03/2003  10/29/2004  11/23/2004  Publication Date 06/08/2003  11/08/2004
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None

National Highway Traffic Safety Administration
64.	Upgrade Door Retention Performance Green
Popular Title: Retention Performance
RIN 2127-AH34
Stage: NPRM
Previous Stage: None
Abstract: As part of the agency's comprehensive approach to rollover, and to harmonize with the first global technical regulation, this rulemaking would upgrade the door retention requirements, add test requirements for sliding doors, add secondary latch requirements for doors other than hinged side doors and back doors, and provide a new test procedure for assessing inertial forces.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 07/07/1998
Dates for NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 11/01/2004    11/10/2004  To OMB 12/17/2004    11/18/2004  OMB Clearance 03/17/2005  02/18/2005  11/30/2004  Publication Date 03/24/2005  02/25/2005    End of Comment Period 05/24/2005  04/25/2005
Explanation for any delay: N/A
Federal Register Citation for NPRM: None

National Highway Traffic Safety Administration
65.	Frontal Offset Protection Red
Popular Title: Frontal Offset
RIN 2127-AH73
Stage: Undetermined
Previous Stage: Request for Comments: Publication Date 02/03/2004; End of Comment Period 04/05/2004.
Abstract: This rulemaking would establish a Federal motor vehicle safety standard for high-speed frontal offset crash testing. The frontal offset test is a crash test for automobiles and light trucks in which the subject vehicles are run into a deformable honeycomb barrier. The barrier contacts only 40 percent of the front of the vehicle, simulating an off-center frontal collision. The agency is considering adding the high speed offset test to the frontal occupant protection standard to measure vehicle structural integrity and reduce the number and severity of lower-body injuries. NHTSA is examining whether implementing a new offset test might create disbenefits to occupants of other vehicles. The agency originally scheduled the publication of an NPRM by 10/08/03.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 11/22/1999
Dates for Undetermined: Milestone Originally Scheduled Date New Projected Date Actual Date To OST       To OMB       OMB Clearance       Publication Date
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Undetermined: None

National Highway Traffic Safety Administration
66.	Event Data Recorders Black
Popular Title: Event Data Recorders
RIN 2127-AI72
Stage: Undetermined
Previous Stage: Request for Comments: Publication Date 10/11/2002; End of Comment Period 01/09/2003. NPRM: Publication Date 06/14/04; End of Comment Period 08/13/04.
Abstract: In the past several years, there has been considerable interest from the safety community in establishing requirements for event data recorders (EDRs). The agency is considering what role NHTSA should take in implementing EDRs in motor vehicles. This rulemaking would establish requirements for EDRs in new vehicles if an EDR is in the vehicle. The requirement would include a minimum set of data to be collected and enhanced survivability in crashes. This rule is significant because of public interest.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 07/12/2002
Dates for Undetermined: Milestone Originally Scheduled Date New Projected Date Actual Date To OST       To OMB       OMB Clearance       Publication Date
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None

National Highway Traffic Safety Administration
67.	Federal Motor Vehicle Safety Standards, Occupant Crash Protection Green
Popular Title: Occupant Crash Protection
RIN 2127-AI91
Stage: Final Rule
Previous Stage: NPRM: Publication Date 08/06/2003; End of Comment Period 10/06/2003.
Abstract: In response to Anton's Law, the agency is developing an amendment to its occupant protection standard, FMVSS No. 208, to require the installation of integral lap/shoulder belts for all rear non-outboard designated seating positions (DSPs) other than side facing seats in passenger cars, trucks, and multipurpose passenger vehicles with a Gross Vehicle Weight Rating (GVWR) of 4,536 kg (10,000 lbs.) or less.
Effects:   None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 12/07/2002
Dates for Final Rule: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 08/27/2004    07/27/2004  To OMB 09/24/2004    09/29/2004  OMB Clearance 12/24/2004    11/30/2004  Publication Date 12/31/2004
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None

National Highway Traffic Safety Administration
68.	Side Impact Protection Upgrade - FMVSS No. 214 Red
Popular Title: Side Impact Protection Upgrade
RIN 2127-AJ10
Stage: NPRM
Previous Stage:None
Abstract: Two Federal motor vehicle safety standards (FMVSS) -- No. 201, "Occupant Protection in Interior Impact" and No. 214, "Side Impact Protection" -- specify requirements for side impact protection. At present, FMVSS No. 214 specifies a moving deformable barrier (MDB) test addressing mainly the chest injury problem. The head injury reduction is partially addressed in FMVSS No. 201. This rulemaking would require in FMVSS No. 214 a vehicle-to-pole impact test to reduce the number of fatal and serious head injuries, which is not addressed in FMVSS No. 201.
Effects:   Economically Significant Major Unfunded Mandate Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/28/2002
Dates for NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 11/14/2003    11/03/2003  To OMB 12/12/2003    02/10/2004  OMB Clearance 03/12/2004  05/10/2004  05/10/2004  Publication Date 03/22/2004  05/17/2004  05/17/2004  End of Comment Period 05/22/2004    10/14/2004
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 69 FR 27990

National Highway Traffic Safety Administration
69.	Reforming the Automobile Fuel Economy Standards Program Black
Popular Title: Reforming CAFE
RIN 2127-AJ17
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 12/29/03; End of Comment Period 4/27/04.
Abstract: Through this action, the agency intends to begin a public discussion on potential ways, within current statutory authority, to update the Corporate Average Fuel Economy (CAFE) Program and to make it more consistent with our public policy objectives. The agency will seek comments on a number of possible concepts and measures, and invite the public to present additional concepts not presented here. The discussion is not intended to address the stringency of proposed CAFE standards in the future, but rather the basic structure of the CAFE program. The agency is interested in any suggestions towards revamping the CAFE program in such a way as to enhance overall fuel economy while protecting occupant safety and American jobs. The potential changes range from modest changes to existing definitions separating passenger cars from light trucks (i.e., vans, pickup trucks and SUVs) to more significant structural changes to light truck fuel economy standards. The definitional changes could potentially expand the definition of light truck to include larger SUV's that are not currently subject to fuel economy standards, add criteria to existing definitions of light trucks and ensure that vehicles subject to the lower fuel economy standards applicable to trucks have sufficient functionality to be properly classified as trucks. The advance notice also requests comment on changing the existing approach to setting light truck fuel economy standards from one of setting a fixed standard applicable to all sizes of trucks in the light truck fleet to one of setting a standard that changes in relationship to a selected attribute of trucks in the fleet. Under such an attribute-based standard, the required fuel economy would change in relationship to either the weight of the vehicle, the size of the vehicle, or both.
Effects:   Economically Significant Major Unfunded Mandate
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/01/2003
Dates for Undetermined: Milestone Originally Scheduled Date New Projected Date Actual Date To OST       To OMB       OMB Clearance       Publication Date       End of Comment Period
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None

National Highway Traffic Safety Administration
70.	Tire Pressure Monitoring Systems Red
Popular Title: Tire Pressure Monitoring
RIN 2127-AJ23
Stage: NPRM
Previous Stage:None
Abstract: The Transportation Recall Enhancement Accountability and Documentation (TREAD) Act required the Secretary of Transportation to initiate rulemaking to require a warning system in new motor vehicles to indicate to the operator when a tire is significantly under-inflated. The agency issued a final rule for tire pressure monitoring systems (TPMS)(establishing FMVSS No. 138) on June 5, 2002; however, the final rule establishing the standard was vacated by a decision issued by the U.S. Court of Appeals for the Second Circuit in August 2003. The agency will take action in accordance with the Administrative Procedures Act to re-establish FMVSS No. 138, in a manner consistent with the court's decision, and also provide a new phase-in period.
Effects:   Economically Significant Major Unfunded Mandate
Prompting action: Statute
Legal Deadline:  NPRM : 11/01/2001
Rulemaking Project Initiated: 08/06/2003
Dates for NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 02/27/2004  04/06/2004  04/06/2004  To OMB 03/26/2004  05/06/2004  07/01/2004  OMB Clearance 06/25/2004  10/01/2004  09/07/2004  Publication Date 07/05/2004  10/08/2004  09/16/2004  End of Comment Period 09/06/2004  12/08/2004  11/15/2004
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: 69 FR 55895