Interpretation ID: aiam2576
Chairman
Committee on Commerce
Science
and Transportation
United States Senate
Washington
DC 20510;
Dear Mr. Chairman: This is in response to your letter of April 11, 1977, expressing you concern over a perceived pattern of delay in the implementation of the Federal motor vehicle safety and damageability standards. You expressed particular concern about the National Highway Traffic Safety Administration's (NHTSA) recent proposal to delay for one year the effective date for the second phase of requirements in the Part 581 bumper standard.; I am aware that there have been instances in the past when th effective dates of final rules have been delayed or when the final rules have been modified or rescinded. I do not intend to pass judgment on whether the actions of my predecessors in those particular instances should have been taken. However, I agree with your view that changes in the substantive requirements and effective dates of final rules can have undesirable effects and should be avoided if possible.; I believe that the most effective means of reducing the necessity fo changes in final rules is to ensure that each proposed rule is thoroughly examined prior to issuance in final form. Every significant issue should be explored and comments and data from all interested persons should be carefully analyzed. Where gaps in our knowledge appear, the information-gathering authority given the NHTSA should be utilized. For example, extensive use of that authority has been recently made in connection with rulemaking under Title V of the Motor Vehicle Information and Cost Savings Act, as amended, to establish average fuel economy standards for model year 1981-1984 passenger automobiles. By making more careful analyses and obtaining needed information, we can minimize the possibility that belatedly discovered information or circumstances will necessitate a change in our requirements or implementation schedules.; Our taking these steps does not, of course, mean that there will no continue to be some instances in which effective dates and substantive requirements are changed. We must be responsive to new information and changed circumstances to ensure that our requirements continue to meet all statutory criteria. There will still be problems not completely foreseen by the agency or the manufacturers. New concerns such as those relating to fuel economy and noise will arise. Finally, there may be a need to adjust our standards to accommodate changes in other types of motor vehicle standards.; As to the second phase of the bumper requirements, I am currentl reviewing the reasons for the proposal to delay, and the comments on the notice are being analyzed. The statute, under which Part 581 was promulgated, requires that interested persons be given an opportunity for oral presentation of comments prior to the issuance of any amendment to the bumper standard. Thus, my decision on the proposed amendment will be made following a public hearing which will be scheduled in the near future.; Sincerely, Joan B. Claybrook