[Federal Register: October 18, 2004 (Volume 69, Number 200)]
[Rules and Regulations]
[Page 61322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc04-10]
[[Page 61322]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
RIN: 2127-AH80
Federal Motor Vehicle Safety Standards; Low Speed Vehicles
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Termination of rulemaking.
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SUMMARY: The purpose of this document is to announce the termination of
a rulemaking in which the agency had considered establishing
performance criteria and tests for the existing requirements for low
speed vehicles. After considering the amount of additional research
that is still needed before the necessary criteria and tests can be
finalized and proposed for public comment, and the absence of data
showing a safety problem with current safety equipment, the agency has
decided to terminate the rulemaking. The agency may pursue future
research relative to low speed vehicles (LSV) as funding and priorities
permit.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, contact Mr.
William D. Evans, Office of Crash Avoidance Standards, phone (202) 366-
2272. For legal issues, contact Christopher Calamita, Office of Chief
Council, phone (202) 366-2992. You may send mail to both of these
officials at the National Highway Traffic Safety Administration, 400
Seventh Street, SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
On June 17, 1998, NHTSA published a final rule establishing Federal
Motor Vehicle Safety Standard (FMVSS) No. 500, ``Low-speed vehicles,''
and added a definition of ``low-speed vehicle'' to 49 CFR 571.3 (63 FR
33194). This new FMVSS and vehicle classification responded to the
growing public interest in using golf cars and other similarly sized
small vehicles to make short trips for shopping and social/recreational
purposes primarily within retirement or other self-contained
communities. An LSV is defined in 49 CFR 571.3 as a 4-wheeled motor
vehicle, other than a truck, whose speed attainable in 1.6 km (1 mile)
is more than 32 kilometers per hour (20 mph) and not more than 40
kilometers per hour (25 mph) on a paved level surface\1\. Due to their
small size, low operating speed and restricted area of use, LSVs are
exempt from many of the FMVSSs that apply to conventional, higher speed
motor vehicles. LSVs are not required to have doors or bumpers and are
not required to meet any crashworthiness tests. However, FMVSS No. 500
does require LSVs certified for use on public roads to be equipped with
certain safety equipment: headlamps, front and rear turn signal lamps,
tail lamps, stop lamps, reflex reflectors, rearview mirrors, a parking
brake, a windshield and a Type 1 or Type 2 seat belt assembly at each
seating position. The standard currently does not contain performance
criteria and test procedures for the safety equipment installed other
than the following:
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\1\ In a separate rulemaking proceeding, NHTSA is considering
possible amendments to this definition to allow certain trucks to be
classified as LSVs (68 FR 68319).
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A windshield that conforms to the FMVSS on glazing
materials (49 CFR 571.205).
A Vehicle Identification Number (VIN) that conforms to the
requirements of 49 CFR part 565, Vehicle Identification Number.
A Type 1 or Type 2 seat belt assembly conforming to 49 CFR
571.209, Seat belt assemblies, installed at each designated seating
position.
NHTSA received Petitions for Reconsideration to the Final Rule from
the Connecticut Department of Motor Vehicles, the Florida Department of
Highway Safety and Motor Vehicles, and the American Association of
Motor Vehicle Administrators (AAMVA). These organizations requested
that NHTSA establish performance criteria and tests for the safety
equipment required by FMVSS No. 500. NHTSA recognized that a
requirement for LSVs to be equipped with an item of equipment without
specifying its performance could result in the introduction of LSVs by
different manufacturers whose safety equipment would not perform in an
identical manner. NHTSA also recognized that allowing a manufacturer
total freedom of choice regarding the performance of equipment might
result in the installation of equipment that did not provide an
adequate level of safety. NHTSA considered the Petitions for
Reconsideration from Connecticut, Florida and AAMVA to be Petitions for
Rulemaking and granted them in 2000.
II. Decision To Withdraw Rulemaking
NHTSA initiated a research plan in an effort to develop performance
requirements for LSVs. Some research testing has been performed on LSVs
relative to the safety equipment currently required by FMVSS No. 500.
In addition, other equipment such as service brakes and seat belt
assembly anchorages have been examined and tested. NHTSA still has
further research and testing to complete on lighting photometric
requirements, seat belt anchorages and service brakes. Research and
testing has verified that LSVs are equipped with a variety of safety
equipment with various performance characteristics. Some systems and
equipment that vary widely in performance characteristics are lighting
and service brake systems. However, due to the lack of crash data on
LSVs it is difficult to determine the safety consequences of these
variations in system performance. Searches in NHTSA's Fatal Analysis
Reporting System (FARS) and the National Automotive Sampling System
(NASS) have not provided any crash data involving LSVs. This may
reflect police reporting practices that do not recognize LSVs as motor
vehicles. After considering the amount of additional research that is
still needed before the necessary performance criteria and test
procedures could be finalized and proposed for public comment, and the
absence of data showing a safety problem with current safety equipment,
the agency has decided to terminate the rulemaking. The agency may
pursue future research relative to LSVs as funding and priorities
permit.
Issued on: October 7, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-23077 Filed 10-15-04; 8:45 am]
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