[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Administration (NHTSA) published a final rule that rescinded the 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