Vehicle Safety Information for Consumers |
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Topics: National Highway Traffic Safety Administration
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Barry Felrice
Federal Register
July 26, 1994
[Federal Register: July 26, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-63, Notice 1]
Vehicle Safety Information for Consumers
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of public meetings; request for comments.
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SUMMARY: This notice announces that NHTSA will be holding four public
meetings to seek the public's guidance on the types of vehicle safety
information that consumers desire, how best to generate that
information, and how best to provide the information to consumers.
Specifically, NHTSA is interested in public comments on the possibility
of providing consumers with information on vehicle performance in a
variety of crash modes, e.g., not only frontal, but also side impact
and rollover. In addition, NHTSA seeks comments that would aid in
determining which method or methods of providing this information would
best serve the goal of educating prospective vehicle purchasers
regarding the safety performance of their vehicles.
DATES: Public Meetings: Public meetings to hear public views and
comments will be held in Des Moines, Iowa, on August 4, 1994, from 7:00
p.m. to 9:00 p.m.; in San Diego, California, on August 18, 1994, from
4:30 p.m. to 7:00 p.m.; in Tampa, Florida, on September 8, 1994, from
4:30 p.m. to 7:00 p.m.; and in Washington, DC, on October 6, 1994, from
9:30 a.m. to 12 noon.
It is requested that those persons wishing to make oral
presentations at any of the public meetings contact Vincent R. Quarles
at the address or telephone number listed below within 7 days prior to
the date of that public meeting.
Written Comments: Written comments may be submitted to the agency
and must be received on or before October 21, 1994.
ADDRESSES: Public Meetings: The public meetings will be held at the
following locations:
The August 4 meeting will be in the Iowa Supreme Court Chambers,
Main Floor--North Wing of the State Capitol, Des Moines, Iowa.
The August 18 meeting will be in the San Diego County Schools
Headquarters, 6401 Linda Vista, Suite #800, San Diego, California.
The September 8 meeting will be in the Auditorium for District 7
of the Florida State Department of Transportation, 11201 N. McKinley
Drive, Tampa, Florida.
The October 6 meeting will be in the Federal Aviation
Administration Auditorium, 800 Independence Avenue, SW., Washington,
DC.
These facilities are accessible to persons with disabilities.
Written Comments: All written comments must refer to the docket and
notice numbers above and be submitted (preferably 10 copies) to the
Docket Section, National Highway Traffic Safety Administration, Room
5109, 400 Seventh Street SW., Washington, DC 20590. Docket hours are
from 9:30 a.m. to 4:00 p.m. Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Vincent R. Quarles, Office of Market Incentives, National Highway
Traffic Safety Administration, Room 5313, 400 Seventh Street, SW.,
Washington, DC 20590, 202-366-4805.
SUPPLEMENTARY INFORMATION:
In Brief
NHTSA will hold a series of informal public meetings. The meetings
will be focused on seeking answers to the following four questions:
What kind of safety information is useful to you when
purchasing a car or truck?
How can the government provide this information more
effectively to you? (Brochures? Toll-free phone numbers? Personal
computer bulletin boards? Public Service announcements? Other means?)
In what formats, media, locations, and languages would you
like to receive auto safety information?
How could this information be presented so that it is
easily understood by consumers?
NHTSA will use the answers to these questions to decide whether we
need to refine the information this agency makes available to consumers
and how the agency makes that information available.
Background
NHTSA is the agency in the Federal government that is responsible
for improving motor vehicle safety. The agency believes that one means
of improving motor vehicle safety is to ensure that purchasers of new
vehicles have relevant safety information.
In recent years, there has been increased public interest in motor
vehicle safety. Increased safety belt usage, reduced levels of alcohol-
impaired driving, and attention to vehicle safety attributes, such as
air bags and antilock brakes, are evidence of this trend.
Several recent studies have reaffirmed increasing consumer concern
for safety and the desire to have additional information on new
vehicles. In a December 1993 joint report, the American Association of
Retired Persons and the Consumer Federation of America reported on a
survey to determine the extent of consumer interest in receiving
independent information about selected products before making a
purchase. The survey measured interest in receiving information on 27
products or services, ranging from long distance phone service to the
purchase of a home. Of those indicating great interest in receiving
information, more desired information on new cars (83 percent) than any
other product. The survey also indicated a need to target the
dissemination of information to specific audiences, as women desired
more information than men, Blacks more than Hispanics or Whites, those
with less education more than those with a higher education, and,
particularly for new cars, young adults more than any other age group.
In a survey conducted for Prevention magazine in November 1993,
safety was reported as the most important attribute that consumers
value when buying a new car, but they are often confused about vehicle
safety. For example, many consumers believe incorrectly that air bags
are likely to inflate accidentally or trap a person in a vehicle and
that the highways are becoming less safe.
Both of the above studies confirm strong consumer demand for
additional information to consumers about new vehicle safety.
Statutory Authority
NHTSA has extensive statutory authority under the National Traffic
and Motor Vehicle Safety Act (Vehicle Safety Act) and Motor Vehicle
Information and Cost Savings Act (Cost Savings Act) regarding the
provision of vehicle safety performance information to consumers. This
authority can be used to require motor vehicle manufacturers to provide
consumers with safety performance information that has been developed
through testing by either the agency or by the manufacturers
themselves.
The Vehicle Safety Act, which was enacted in 1966, authorizes NHTSA
to require vehicle manufacturers to generate and provide safety
performance information to prospective purchasers of new vehicles.
Currently, NHTSA requires manufacturers to provide consumers with
information on vehicle stopping distance, truck-camper loading, tire
quality grading and utility vehicle handling and stability. (See 49 CFR
575.) On June 28, 1994 (59 FR 33254), the agency proposed that
information on vehicle resistance to rollover also be provided to
consumers.
The Coast Savings Act, enacted in 1972, includes, among other
things, requirements for the development and distribution of
comparative information on the crashworthiness of motor vehicles. In
1978, the New Car Assessment Program (NCAP) was created to partially
fulfill this requirement. NCAP test results evaluate the crash
protection provided to front seat occupants by a vehicle's occupant
protection devices. NCAP crash tests currently evaluate frontal crash
protection only. Vehicles are crashed into a fixed barrier at 35 mph,
which is equivalent to a head-on collision between two identical
vehicles each moving at 35 mph. Instrumented dummies register forces
and impacts during the crash. That information is used by NHTSA to
predict potential head, chest and leg injuries. In prior years, NHTSA
also provided information on the integrity of the fuel system and the
ability of windshields to enhance occupant protection. Approximately
35-40 passenger vehicles (cars, pickup trucks, vans, and sport utility
vehicles) are tested each year in NCAP, and the test results are made
available to the public through news releases, and publication in
popular consumer magazines.
NCAP in NHTSA's most popular and successful vehicle safety consumer
information program, based on the volume of calls to the agency, media
attention, and the use of NCAP data by numerous consumer and insurance
organizations. Several manufacturers have informed the agency that they
view it important to perform well in the NCAP tests, even though there
is no regulatory requirement to do so. The decline in the injury scores
in NCAP tests over time for all manufacturers, as reported in Report on
the Historical Performance of Different Auto Manufacturers in the New
Car Assessment Program Tests, NHTSA, August 1993, can be attributed
partially to NCAP.
Report to Congress
In order to provide interested parties with NHTSA's most recent
public statements on the provision of vehicle safety information, the
agency believes it would be useful to summarize a recent report to
Congress which is relevant to this subject. On December 8, 1993, in
response to the House and Senate Appropriations Committees, the agency
submitted a report to Congress on NCAP. This report, which is available
in NHTSA's public docket, sets forth:
The results of an 18-month study to assess consumer and
media needs and preferences for better understanding and more effective
use of NCAP data. These included a summary of several consumer focus
group and media studies. These studies indicated that consumers and the
media desire comparative safety information on vehicles, a simplified
NCAP format to better understand and utilize the crash test results,
and expansion of NCAP to include other crash modes, such as side
crashes and rollovers. Plans for implementing the findings of these
studies are included in that report.
Studies of real-world crashes versus NCAP crash tests.
These studies conclude that NCAP test conditions approximate real-world
crash conditions covering a major segment of the frontal crash safety
problem. NHTSA also concluded that there is a significant correlation
between NCAP results and real-world fatality risks for restrained
drivers. In high-speed frontal crashes, fatality risks to restrained
drivers of cars that perform well in NCAP may be as much as 30 percent
lower than fatality risks to restrained drivers of cars that do not
perform well in NCAP. A more detailed report on this subject, titled
Correlation of NCAP Performance with Fatality Risk in Actual Head-On
Collisions has been published by the agency, and is also available in
the NHTSA public docket. Public comments were separately sought on that
report (see 59 FR 1586, January 11, 1994).
The December 1993 congressional report also includes a review of
NCAP historical performance and the following future goals:
Reach a larger population with simplified data that will
assist consumers in their vehicle purchases.
Expand the collection of safety information by utilizing
the additional injury-measuring capabilities of the more advanced
Hybrid III dummy.
Expand NCAP to provide comparative side impact information
to consumers along with the frontal NCAP information.
Monitor rollover safety activities to determine the
potential for providing consumers with comparative information on
levels of protection in a rollover crash and on vehicle roll stability.
January 3, 1994, Request for Comments
NHTSA published a notice in the Federal Register on January 3,
1994, (59 FR 104), to request comments on whether NHTSA should convene
a public meeting to review and discuss NCAP issues. Comments were
solicited on:
(1) The desirability and need for such a public meeting; and
(2) The topics for consideration if a meeting is conducted.
Suggested topics included all items that were discussed in the
Congressional report and others, such as--
(A) Additional frontal crash modes and/or higher frontal test
speeds,
(B) Additional injury measures,
(C) Whether crashworthiness assessment programs should precede or
follow the rulemaking process, and
(D) Review of the simplified NCAP format.
Response to January 3, 1994, Request for Comments
Comments were received from three automobile manufacturers (Toyota,
Volkswagen (VW), and Volvo), two automobile manufacturer associations
(Association of International Automobile Manufacturers (AIAM), and the
American Automobile Manufacturers Association (AAMA)), the Insurance
Institute for Highway Safety (IIHS), and four other interest groups
(Advocates for Highway and Auto Safety (Advocates), Center for Auto
Safety (CFAS), Institute for Injury Reduction, and Public Citizen).
All commenters supported a public meeting. Toyota opposed the
expansion of NCAP, urging the agency instead to provide consumers with
information on specific vehicle safety features. VW stated that NCAP
expansion is premature, while Volvo said that vehicle safety is more
complex than can be represented by single tests at a single speed, etc.
Conversely, Advocates, CFAS, and IIHS favor expansion of NCAP to other
crash modes and speeds.
The automobile industry generally felt that new NCAP activities,
such as different test speeds, injury criteria, or crash modes, should
be preceded by rulemaking notices to amend existing, or to add new,
safety standards regulating the same aspect of performance. However,
Advocates argued that NCAP-type consumer information programs should
precede formal rulemaking.
In comments on the new ``star'' rating system, a system intended to
translate complex, quantitative test dummy ``injury'' readings into an
easily understood format, Toyota questioned the validity of combining
head and chest dummy injury readings into a single measure. VW stated
that it found the new rating system more acceptable than the previous
format. IIHS had reservations about the new star system because it
believes that consumers may not fully understand that it can only be
used to compare vehicles in the same weight class. CFAS stated that the
system could be improved and should also reflect leg injuries.
Several comments were provided on using additional or different
injury criteria. Toyota and VW stated that the biofidelity of
additional injury levels has not been established. IIHS said NHTSA
needs to reassess its current NCAP injury criteria, given the
widespread use of air bags. CFAS suggested using the additional injury-
predicting capability of the Hybrid III test dummy.
CFAS also suggested that NHTSA publish make/model Fatal Accident
Reporting System data, which includes the effects of who is driving the
vehicle and where and how it is driven--as compared to NCAP which is a
pure vehicle rating--and consider providing consumer information on
window stickers. It also suggested that NHTSA define the audience for
NCAP data.
Public Meetings
To take advantage of the heightened consumer interest in safety, as
well as in response to the public comments to its January 3, 1994,
notice, the agency believes it is timely to convene a series of public
meetings to discuss what types of vehicle safety information consumers
desire, and how that information can best be provided. The agency is
holding several meetings in geographically dispersed locations, to
obtain participation from diverse groups. In particular, NHTSA points
to the above-mentioned surveys and CFAS' suggestion that the agency
define its audience for vehicle safety information. These meetings are
consistent with and responsive to Secretary Pena's Strategic Plan for
the Department of Transportation. In that Plan, the Secretary
established goals and objectives to promote safe and secure
transportation, to put people first and to develop continuous customer
feedback to refine the services we are providing. These public meetings
constitute a portion of NHTSA's activities to implement the Secretary's
Plan.
In a Notice of Proposed Rulemaking to provide rollover stability
information, published June 28, 1994 (59 FR 33254), the agency is also
seeking to provide expanded vehicle safety information to consumers
prior to their purchasing a vehicle. The agency believes that window
stickers, or other types of point-of-sale information (such as consumer
brochures, access to information via personal computers, FAX-back
machines, and other current technology) may be an effective means of
reaching prospective vehicle purchasers. But other means, such as
providing information at other central locations, such as libraries,
may also be desired. (It should be noted that the agency has previously
proposed that NCAP frontal crash information be provided on vehicle
window stickers, see 46 FR 7025, January 22, 1981.) The agency also
wishes to point out that it may not need to continue to conduct NCAP
activities, if point-of-sale or other forms of information are provided
by manufacturers, because the current type of NCAP test would simply
duplicate manufacturer-conducted tests. NHTSA encourages participants
to focus attention on these issues.
The agency wants the public meetings to have the maximum possible
level of public participation from a cross-section of the local
community. A special effort will be made to attract average citizens
who may not normally be inclined to participate in these meetings, but
whose views will be especially valuable in this process. The meetings
will be purposely informal to encourage participation and candid
comments. The meetings have also been scheduled at times that are more
convenient for average citizens.
While advance notice of those desiring to participate in the
meetings is requested, it is not required. NHTSA will attempt to
provide sufficient time for all individuals desiring to participate to
do so.
Public Comments
The agency invites written comments from all interested parties.
The agency notes that participation in the public meeting is not a
prerequisite for the submission of written comments. It is requested
but not required that 10 copies of each written comment be submitted.
No comment may exceed 15 pages. (40 CFR 553.21). Attachments may be
submitted in addition to the 15-page maximum comment. This limitation
is intended to encourage commenters to present concise arguments.
If a commenter wishes to submit specified information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address given above, and seven
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation, 49 CFR part 512.
All comments received before the close of business on the comment
closing date indicated above will be considered, and will be available
for examination in the docket at the above address. NHTSA will continue
to file relevant information in the docket as it becomes available,
after the closing date, and it is recommended that interested persons
continue to examine the docket for new material.
Those persons desiring to be notified upon receipt of their written
comments in the Docket Section should enclose, in the envelope with
their comments, a self-addressed stamped postcard. Upon receipt, the
docket supervisor will return the postcard.
Persons making oral presentations at a public meeting are
requested, but not required, to submit 25 written copies of the full
text of their presentation to Vincent R. Quarles no later than two days
before the meeting. Presentations should be limited to five minutes. If
time permits, persons who have not requested time, but would like to
make a statement, will be afforded an opportunity to do so. Copies of
all written statements will be placed in the docket for this notice. A
verbatim transcript of the public meetings will be prepared and also
placed in the NHTSA docket as soon as possible after the meetings. A
schedule of the persons or groups making oral presentations at a
particular meeting will be available at the beginning of that public
meeting.
To facilitate communication, NHTSA will provide auxiliary aids to
participants as necessary, during the meeting. Thus, any person
desiring assistance of ``auxiliary aids'' (e.g., sign-language
interpreter, telecommunications, devices for deaf persons (TDDs),
readers, taped texts, braille materials, or large print materials and/
or a magnifying device), should contact Vincent R. Quarles at (202)
366-4805 no later than 10 days before the meeting at which they wish to
make a presentation.
Authority: 15 U.S.C. 1392, 1401, 1403, 1407, delegation of
authority at 49 CFR 1.50 and 49 CFR 501.8.
Issued: July 21, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-18120 Filed 7-21-94; 11:17 am]
BILLING CODE 4910-59-M