Interpretation ID: aiam2407
Speaker of the House of Representatives
Washington
DC 20515;
Dear Mr. Speaker: This letter is to inform you that the effective date that has bee established for implementation of the Federal bumper standard issued pursuant to Title I of the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513) is more than 18 months after the date on which the final rule was promulgated. Section 102(d)(2) of Title I directs the National Highway Traffic Safety Administration (NHTSA) to provide Congress with a detailed explanation of the effective date of the Federal bumper standard where more than 18 months leadtime has been provided. This letter describes the basis for the agency's decision to establish an effective date 30 months after the standard's date of promulgation.; The NHTSA, on March 4, 1976, published a Federal bumper standard, 4 CFR Part 581, pursuant to Title I of the Act. Title I directs the NHTSA to develop standards that 'seek to obtain the maximum feasible reduction of costs to the public and to the consumer' occasioned by low-speed collisions. Part 581 moves toward accomplishing this goal by limiting the damage that is allowed to vehicle bumpers and exterior surfaces in low-speed crashes. Petitions for reconsideration of the rule have been submitted and will be responded to shortly. The agency's response to these petitions will complete the final rulemaking step in the issuance of the standard.; On March 12, 1975, the NHTSA proposed three alternative effectiv dates--September 1 of 1976, 1977, or 1978--for implementation of the Part 581 requirements. Interested persons were asked to comment on the feasibility of satisfying the standard's damage criteria within those alternative time periods. Comments were received from seven motor vehicle manufacturers on the subject of Part 581's initial effective date. Five manufacturers specifically urged an effective date of September 1, 1978, stating that earlier compliance would impose high development costs and involve the use of bumper systems that have not been optimized. One manufacturer did not specifically favor any of the suggested implementation dates, but stated that early compliance could only be achieved if the standard were modified. Only one manufacturer said that it could meet the standard earlier than 1978. It stated that it could satisfy Part 581 by September 1, 1977, and emphasized that significant costs would be involved if an earlier effective date were prescribed.; During the phase effective on September 1, 1978, the Part 581 standar will prohibit any damage to vehicle exterior surfaces during prescribed front and rear 5 mph pendulum and barrier crash tests. Only the bumper itself will be permitted to sustain damage. Compliance with these requirements, according to manufacturers, will entail a degree of redesign and retooling. The requested effective dates indicate the amount of leadtime considered necessary to accomplish these vehicle changes in a cost-efficient manner.; Since the purpose of the Title I bumper standard is to achieve a cos savings for consumers, all costs involved in its implementation must be closely examined. Based upon the information submitted by manufacturers, compliance with Part 581 would be significantly more costly before September 1, 1978. The agency has determined that such additional costs would not be justified as they would undermine the benefits to be provided to consumers. A September 1, 1978, effective date is appropriate since it will give manufacturers adequate leadtime to develop and optimize bumper systems that meet the performance level of Part 581.; In keeping with the Act's requirement that the agency publish it reasons for providing more than 18 months leadtime, the basis for the NHTSA's decision to specify a September 1, 1978, effective date is thoroughly explained in the *Federal Register* notice establishing the Part 581 bumper standard as a final rule.; Sincerely, John W. Snow, Administrator