[Federal Register Volume 70, Number 28 (Friday, February 11, 2005)]
[Proposed Rules]
[Pages 7222-7223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2471]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

RIN 2127-AI84


Federal Motor Vehicle Safety Standards; Low Speed Vehicles; 
Termination of Rulemaking

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 adding additional 
conspicuity requirements applicable to low-speed vehicles (LSV), as 
well as a requirement that LSVs bear a label identifying the safety 
hazards associated with their operation in mixed traffic. Due to the 
absence of data showing a conspicuity-related safety problem with 
current LSV designs, the agency has decided to terminate the 
rulemaking.

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 
Counsel, 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 use of golf cars and other similar-sized small vehicles 
to make short trips for shopping, social and recreational purposes 
primarily within retirement or planned 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 miles per hour) and not more than 40 kilometers per hour (25 miles 
per hour) on a paved level surface. Due to their small size, low 
operating speed and restricted area of use, LSVs are excluded 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, rear reflex reflectors mounted on each side, a 
reflex reflector mounted on the rear, rearview mirrors, a parking 
brake, a windshield of AS-1 or AS-4 glazing composition and Type 1 or 
Type 2 seat belt assemblies that conform to FMVSS No. 209 at each 
designated seating position.
    On January 9, 2002, the agency received a petition for rulemaking 
from General Motors Corporation (GM). GM requested that the agency 
amend Standard No. 500 to require all low-speed vehicles to be equipped 
with a label identifying the safety hazards associated with their 
operation in mixed traffic, and additional conspicuity features. NHTSA 
granted the petition from GM.
    On July 12, 2002, NHTSA published a notice of proposed rulemaking 
(NPRM) (67 FR 46149) proposing the LSV warning label and additional 
conspicuity requirements. Specifically, the agency proposed that LSVs 
be required to bear a warning label to ensure that drivers of LSVs are 
alerted to the safety hazards associated with their operation in mixed 
traffic. The NPRM also proposed that LSVs be equipped with additional 
reflex reflectors or retroreflective conspicuity sheeting, and that 
headlamps, tail lamps, and side marker lamps be continuously 
illuminated while the LSV propulsion system is activated. In addition, 
a ``slow-moving vehicle'' emblem would be required on the rear of each 
LSV. The comment period on the NPRM ended on September 10, 2002. The 
agency received comments from 15 sources. Thirteen of the commenters 
were generally in favor of the proposed requirements; however, they 
offered variations to the specific proposals or disagreed with certain 
elements. Two commenters generally felt that the agency did not provide

[[Page 7223]]

enough data to support the safety need for such a proposal.

II. Decision To Withdraw Rulemaking

    NHTSA searched its Fatality Analysis Reporting System (FARS) and 
its National Automotive Sampling System (NASS) from 1998 to present for 
crashes involving LSVs. No crash data relative to LSVs were found. 
(This may reflect the reporting practices of some police departments 
that do not recognize LSVs as motor vehicles.) In its September 10, 
2002, comments to the LSV conspicuity NPRM (67 FR 46149), 
DaimlerChrysler mentioned that they knew of only four crashes involving 
Global Electric Motorcars (GEM), none of which resulted in deaths. Only 
two of the four crashes involved other vehicles and those were the 
result of operator errors in judgment rather than a lack of 
conspicuity. In view of the absence of data showing a conspicuity-
related safety problem with current LSV designs, the agency has decided 
to terminate the rulemaking.

    Authority: 49 U.S.C. 322, 30111, 30115, 30166 and 30177; 
delegation of authority at 49 CFR 1.50.

    Issued on: February 3, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-2471 Filed 2-10-05; 8:45 am]
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