Interpretation ID: aiam1826
United States Senate
Washington
DC 20510;
Dear Senator Hruska: I would like to respond to your February 19, 1975, request fo consideration of Mr. R. L. Herman's views on Standard No. 121, *Air brake systems*. Mr. Herman objects that the National Highway Traffic Safety Administration (NHTSA) may have ignored the majority of comments submitted in response to its recent proposal to delay implementation of the standard, that implementation of the standard should be reconsidered by an activity other than NHTSA, and that the new brake systems may be less safe than existing systems.; Standard No. 121 was issued as a final rule in February 1971. NHTS realized that the economic situation in the automotive industry this past fall might justify a postponement of the scheduled January 1, 1975, effective date. In the short time available for review of the standard before its effective dates, the NHTSA issued a proposal, received comments, and made its decision.; NHTSA concluded that net economic benefit would not be derived fro postponement. The decision was based on evaluation of all the comments, including those concerning the standard's immediate short-term impact on the national economic picture. An important factor in this case was the imminence of the standard and the degree to which financial and employment commitments were made.; As you may know, the President has directed (by Executive Order 11821 that each Federal agency consider the inflation impact of its regulatory actions. At the time of the NHTSA decision on December 31, 1974, final criteria and procedures for implementation of the Order were not yet established. NHTSA did, however, analyze economic effects of its proposal. NHTSA has committed itself publicly to continue monitoring the effectiveness of its standard in accordance with its statutory mandate and the President's direction, with a view to identifying any modifications that would lower costs while achieving comparable levels of safety.; An independent evaluation of the standard and its implementation by th Office of the Secretary (of the Department) was recently conducted, and this study supports the NHTSA decision. A copy of a letter regarding that evaluation is enclosed, and it discusses in detail Mr. Herman's concern about the field testing of the new braking components.; Thank you for your interest in motor vehicle safety. Sincerely, William T. Coleman, Jr.