Despite some progress, NHTSA’s agenda remains bogged down with a number of rules that have sat motionless for years. Fifty-one rules on the most recent agenda were inherited from the Clinton administration, and nearly half of these sit at the same stage of the rulemaking process as when President Bush took office. This includes, for instance, an "economically significant" rule (with a total estimated impact of at least $100 million, including benefits) to revise standards for head restraints, the uppermost part of seats, which protect the head and neck from injuries -- particularly whiplash -- suffered in traffic accidents. The current standards place no limit on how far the head restraint must be located behind the head -- a critical detail in ensuring effectiveness.
NHTSA has also failed to complete a rulemaking, initiated by the Clinton administration, to upgrade fuel systems in order to prevent deadly vehicle fires in crashes. According to NHTSA, about 4 percent of deaths in light vehicles occurred in crashes involving fire, and about 12,941 occupants per year are exposed to fire in passenger cars and light vehicles. About 1,062 (8 percent) of those exposed received moderate or severe burns.
As Public Citizen explains, the rule would limit the amount of fuel that is allowed to spill from the vehicle’s fuel system in three different crash scenarios.
None of the actions withdrawn from NHTSA's agenda were classified as “economically significant,” while seven of the rules added were, including two mandated by legal deadlines. In total, 13 of the rules added to the agency’s agenda were mandated by legal deadlines.
Ten of these additions came in response to the Transportation Recall Enhancement Accountability and Documentation (TREAD) Act, which was enacted in November of 2000 in the aftermath of the Firestone tire debacle. This includes, for instance, actions to establish a safety rating system and better testing for children’s car seats.
Since the beginning of the Bush administration, NHTSA has completed 46 new standards, six of which were economically significant. One of these was the much-publicized tire pressure monitoring rule, developed to guard against under-inflated tires. In this case, NHTSA issued a watered down standard after its first rulemaking attempt was rejected by OMB’s Office of Information and Regulatory Affairs (OIRA), which must approve all major regulatory actions.
Of NHTSA’s remaining economically significant rules, one provided for state incentive grants for seat belt usage, another (initially proposed during the Clinton administration) updated air bag standards, and three set fuel economy standards for light trucks. The first two of these merely upheld standards in place since 1996 for model years 2003 and 2004, and the third required only minimal increases in fuel efficiency.