NHTSA Issues NPRM to Increase Record Retention Requirements

NHTSA issued a Notice of Proposed Rulemaking (NPRM) with regards to the Fixing America's Surface Transportation (FAST) Act, which required the Secretary of Transportation to extend the period of time manufacturers of motor vehicles, tires and child restraint systems must retain records concerning defects and malfunctions.

The FAST Act directed the Secretary to issue a rule increasing the time of record retention to a period not less than ten years, instead of the five years presently required. This would only apply to requirements under CFR 576.6. NHTSA is not extending the period for which manufacturers are required to retain records underlying information reported to NHTSA pursuant to 49 CFR part 579. The effects of extending the time that records underlying information reported under part 579 must be retained would be limited to motor vehicle equipment manufacturers who do not manufacturer child restraint systems or tires.

Comments to the agency are due no later than July 15, 2019. The entire NPRM can be viewed here.

NHTSA and FMCSA Issue ANPRM for Autonomous Vehicle Technologies

The National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) each released an Advance Notice of Proposed Rulemaking (ANPRM) for automated driving systems on May 28, 2019.

NHTSA’s ANPRM seeks to build upon previous efforts to gather information from stakeholders and the public regarding the compliance challenges of implementing autonomous technologies. In the document, the agency discusses the types of barriers posed by the existing crash avoidance standards (100-series) and, second, what types of test methods could be employed to test vehicles that lack traditional controls. The agency intends to issue additional documents to address the crashworthiness standards (200-series) and standards involving tell-tales and indicators at a later date.

Comments on the ANPRM are due no later than July 29, 2019. It can be viewed by clicking here.

FMCSA’s ANPRM requests public comment about Federal Motor Carrier Safety Regulations (FMCSRs) that may need to be amended, revised, or eliminated to facilitate the introduction of commercial vehicles equipped with automated driving systems (ADS). In approaching the task of adapting its regulations to accommodate automated vehicle technologies, FMCSA is considering changes to its rules to account for significant differences between human operators and ADS.

Comments on the ANPRM are due no later than August 26, 2019. It can be viewed by clicking here.

Committee on Energy and Commerce Seeks Answers from NHTSA

In a letter submitted to the National Highway Traffic Safety Administration (NHTSA) on April 17, 2019, Energy and Commerce Committee Chairman Frank Pallone and Jan Schakowsky, chair of the panel’s consumer protection subcommittee, requested an update on NHTSA’s current workload, the work of its bureaus and offices, and its interactions with the public through its handling of consumer complaints. The letter asked that Deputy Administrator Heidi King provide answers to a series of questions by May 17, 2019.

The questions included asking the number of safety investigations opened, the progress toward implementing the 2018 recommendations from the Inspector General, and updates on the Moving Ahead for Progress in the 21st Century (MAP-21) and Fixing America’s Surface Transportation (FAST) Act rulemaking deadlines, which have been repeatedly missed.

Kinetic Metrics recently conducted its own survey of how many investigations NHTSA has opened since the introduction of the Transportation Recall Enhancement, Accountability and Documentation (TREAD) Act, shown in the table below.

Investigation numbers fell significantly in the past three years, with the number of Preliminary Evaluations dropping by 50% in years 2016 and 2017. Although investigation numbers have dropped, NHTSA has collected over $250 million in fines from the automotive industry in the same time frame. Provided these questions are answered next month, NHTSA may find itself in a position to make up for these deficiencies. Here at Kinetic Metrics we have always emphasized the importance of being proactive with safety. Do not fall victim to safety oversights, check out all the services we offer and talk to us about how we can help your company operate efficiently, effectively, and most of all, safely.