[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Rules and Regulations]
[Page 61322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23077]



[[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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