Interpretation ID: nht93-8.5

DATE: November 10, 1993

FROM: J. Frank Haasbeek -- President, International Transquip Industries, Inc.

TO: Albert Gore, Jr. -- Office of the Vice President

TITLE: None

ATTACHMT: Attached to letter dated 12/23/93 from Howard M. Smolkin to J. Frank Haasbeek (A41; Std. 121)

TEXT:

In common with other entrepreneurs and business managers, I am delighted that you have made it your personal goal to reshape the way in which government goes about its business and thus lighten the bureaucratic load that inevitably each one of us has to carry.

My business has suffered enormously at the hands of the National Highway Traffic Safety Administration (NHTSA) and the gridlock in that division of the Department of Transportation is getting worse and not better.

Of necessity I will need to burden you with some background information that I will try to keep as brief and to the point as possible.

My company, a small business enterprise, manufactures air brake systems for trucks, buses, trailers etc. Our system is patented and its performance and built-in safety features are unequalled.

In April of 1992, the NHTSA issued an interpretation under a 1991 FMVSS 121 rule that instantly made our system incapable of compliance with that rule and hence illegal.

In a June 1992 meeting with NHTSA's Chief Counsel and over twenty of its department heads and staff, we proved conclusively that the NHTSA interpretation was in error and a rule making procedure was subsequently initiated by NHTSA to correct this anomaly.

The new draft rule was published in the Federal Register in March 1993, but as of this date the final rule has not been issued. I have been given to understand by the NHTSA that the agency's attorneys are too pre-occupied with congressionally mandated rule making to write the necessary legal language.

This company has been economically disadvantaged and damaged by the inordinate delay on the part of the NHTSA to correct its own bungling. We have had to reduce our staff and incurred substantial losses while a safer air brake system has been denied to many potential users.

The NHTSA is still without an administrator and the agency is foundering with no-one at the helm.

My employees, my investors and I would indeed be grateful if your office could assist in the issue of the final rule without any further delay.

- - - - - The following letter transmitted Mr. Haasbeek's correspondence to the NHTSA:

MEMORANDUM

DATE: DECEMBER 14, 1993 TO: Director, Office of Executive Secretariat U.S. DOT Room 10205 400 Seventh Street, S.W.

Washington, D.C. 20590

Enclosed are letters from constituents asking for assistance with matters related to the U.S. Department of Transportation. This information was sent to the office of Vice President Gore.

On behalf of the Vice President, I am forwarding this material with the request that the issues be addressed in an appropriate and expeditious manner. An acknowledgement of receipt and notification of this referral has been sent to each of the constituents. Please respond directly to the correspondents. No reply to this office is necessary.

Sincerely,

Bill Mason Director of Correspondence