Federal Motor Vehicle Safety Standards; Rear Impact Guards; Rear Impact Protection; Denial of Petition for Rulemaking, 57381-57383 [2024-13956]
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Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 / Proposed Rules
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and DHS Delegation No. 00170.1, Revision
No. 01.3.
§ 117.307
■
[Removed]
2. Remove § 117.307.
Dated: July 07, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard Seventh District.
[FR Doc. 2024–15233 Filed 7–12–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2024–0116; FRL–11972–
01–R4]
North Carolina: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
North Carolina has applied to
the Environmental Protection Agency
(EPA) for final authorization of changes
to its hazardous waste program under
the Resource Conservation and
Recovery Act (RCRA), as amended. The
EPA has reviewed North Carolina’s
application and has determined, subject
to public comment, that these changes
satisfy all requirements needed to
qualify for final authorization.
Therefore, in the ‘‘Rules and
Regulations’’ section of this Federal
Register, we are authorizing North
Carolina for these changes as a final
action without a prior proposed rule. If
we receive no adverse comment, we will
not take further action on this proposed
rule.
DATES: Comments must be received on
or before August 14, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
RCRA–2024–0116, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:24 Jul 12, 2024
Jkt 262001
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
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consider to be Confidential Business
Information (CBI) or other information
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Multimedia submissions (audio, video,
etc.) must be accompanied by a written
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commenting-epa-dockets.
The EPA encourages electronic
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access to docket materials, please
contact Leah Davis, the contact listed in
the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT:
Leah Davis; RCRA Programs and
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Redevelopment Division; U.S.
Environmental Protection Agency;
Atlanta Federal Center, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960;
telephone number: (404) 562–8562; fax
number: (404) 562–9964; email address:
davis.leah@epa.gov.
SUPPLEMENTARY INFORMATION: This
document proposes to take action on
North Carolina’s changes to its
hazardous waste management program
under the Resource Conservation and
Recovery Act (RCRA), as amended. We
have published a final action
authorizing these changes in the ‘‘Rules
and Regulations’’ section of this Federal
Register because we view this as a
noncontroversial action and anticipate
no adverse comment. We have
explained our reasons for this action in
the preamble to the final action.
PO 00000
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57381
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, we will withdraw the final
action and it will not take effect. We
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comments in a subsequent final action
and base any further decision on the
authorization of the State program
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information, please see the information
provided in the ADDRESSES section of
this document.
Dated: June 28, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024–15116 Filed 7–12–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2024–0034]
Federal Motor Vehicle Safety
Standards; Rear Impact Guards; Rear
Impact Protection; Denial of Petition
for Rulemaking
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petitions for
rulemaking.
AGENCY:
This document denies a
petition for rulemaking from Jerry and
Marianne Karth, Eric Hein, and Lois
Durso-Hawkins, requesting that NHTSA
amend Federal Motor Vehicle Safety
Standards (FMVSS) No. 223, ‘‘Rear
impact guards,’’ and FMVSS No. 224,
‘‘Rear impact protection,’’ to include
additional requirements. The agency is
denying the petition because it does not
provide new or different information
that would warrant initiation of a
rulemaking at this time. This document
also discusses NHTSA’s consideration
of a similar petition from the same
petitioners submitted to the docket of
the July 15, 2022 final rule amending
FMVSS Nos. 223 and 224.
DATES: July 15, 2024.
ADDRESSES: National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE, West Building, Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
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57382
Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 / Proposed Rules
For technical issues: Ms. Lina
Valivullah, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE, West Building, Washington,
DC 20590, (telephone) (202) 366–8786,
(email) Lina.Valivullah@dot.gov.
For legal issues: Ms. Callie Roach,
Office of the Chief Counsel, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE, West
Building, Washington, DC 20590,
(telephone) (202) 366–2992, (email)
Callie.Roach@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Petitions Received
III. Petitions To Initiate Rulemaking
IV. Agency Response
V. Conclusion
ddrumheller on DSK120RN23PROD with PROPOSALS1
I. Background
The National Traffic and Motor
Vehicle Safety Act (‘‘Safety Act’’) (49
U.S.C. 30101 et seq.) authorizes the
Secretary of Transportation (NHTSA by
delegation) 1 to issue safety standards
for new motor vehicles and new items
of motor vehicle equipment. The Safety
Act requires, at 49 U.S.C. 30111, motor
vehicle safety standards to be
practicable, meet the need for motor
vehicle safety, and be stated in objective
terms. Pursuant to this authority,
NHTSA issued Federal Motor Vehicle
Safety Standard (FMVSS) No. 223,
‘‘Rear impact guards,’’ and FMVSS No.
224, ‘‘Rear impact protection,’’ which
together provide protection for
occupants of passenger vehicles in
crashes into the rear of trailers and
semitrailers.
On July 15, 2022, NHTSA published
a final rule in the Federal Register
upgrading FMVSS Nos. 223 and 224 by
adopting requirements similar to
Transport Canada’s standard for rear
impact guards.2 The updated safety
standards require rear impact guards to
provide sufficient strength and energy
absorption to protect occupants of
compact and subcompact passenger cars
impacting the rear of trailers at 56
kilometers per hour (km/h) (35 miles
per hour (mph)). This final rule
provides upgraded protection in crashes
in which the passenger motor vehicle
hits the rear of the trailer or semitrailer
such that 50 to 100 percent of the width
of the passenger motor vehicle overlaps
the rear of the trailer or semitrailer.
II. Petitions Received
NHTSA received a petition for
rulemaking from Jerry and Marianne
1 49
2 87
CFR 1.95.
FR 42339.
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16:24 Jul 12, 2024
Jkt 262001
Karth, Eric Hein, and Lois DursoHawkins dated August 18, 2022,
requesting that NHTSA initiate
rulemaking ‘‘to require that Rear Impact
Guards on van-type or box semitrailers
are able to prevent underride by
passenger vehicles at 35 mph in 30%
offset crashes.’’
NHTSA received a similar submission
from Jerry and Marianne Karth, Eric
Hein, Lois Durso-Hawkins, Aaron
Kiefer, Andy Young, and Garrett Mattos
dated July 15, 2022, submitted as a
petition for reconsideration of the July
15, 2022 final rule.3 That petition
requested revision of the final rule to
include additional requirements. The
July 15, 2022 submission does not meet
the requirements in 49 CFR part 553 for
a petition for reconsideration.4 For this
reason, the agency has decided to
consider that submission as a petition
for rulemaking. Due to the similarities
in the issues raised in the August 18,
2022 petition and the July 15, 2022
submission, NHTSA is responding to
both in this single document.
III. Petitions To Initiate Rulemaking
In the August 18 petition, the
petitioners requested that NHTSA
promptly initiate rulemaking to require
that rear impact guards on trailers
provide protection in 30 percent overlap
crashes at 35 mph. The petitioners
stated that this type of crash is known
to result in death and significant
injuries, including in collisions with
rear impact guards designed to meet the
requirements in the July 15, 2022 final
rule. In support of their petition, the
petitioners stated that NHTSA had been
directed by Congress to ‘‘protect the
safety of the driving public against
unreasonable risk of death or injury’’
and claimed that the agency had failed
to fulfill these directives.5 They noted
3 Docket No. NHTSA–2022–0053–0003,
document titled ‘‘Petition for Reconsideration of the
Rear Impact Guard Rule (July 2022)’’, available at
https://www.regulations.gov/document/NHTSA2022-0053-0003.
4 While it was submitted as a petition for
reconsideration, the petition did not explain ‘‘why
compliance with the rule is not practicable, is
unreasonable, or is not in the public interest,’’ as
required by 49 CFR part 553. In addition, the
petitioners did not assert that the requirements
established by the final rule should be stayed or
revoked. For these reasons, the petition does not
meet the requirements in 49 CFR part 553 for a
petition for reconsideration.
5 The petition references report language
accompanying the 2022 appropriations bill urging
NHTSA to complete rulemaking to improve rear
guards that ultimately meet the Insurance Institute
for Highway Safety standards for Toughguard
awards. House Report No. 117–99 at p. 53; see also
the Joint Explanatory Statement accompanying the
Consolidated Appropriations Act, 2022 (Division
L—Transportation, Housing and Urban
Development and Related Appropriations Act,
PO 00000
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Fmt 4702
Sfmt 4702
NHTSA’s ‘‘acknowledg[ment] that [the
final rule] is a minimum standard’’ but
asserted that it ‘‘lacks a genuine
commitment to the USDOT’s National
Roadway Safety Strategy.’’ The
petitioners stated that there is much
debate about the frequency of underride
crashes, including those at the 30
percent offset, that 30 percent overlap
crashes more often result in more severe
injuries due to the failure of the guard
and passenger compartment intrusion,
and that the agency’s reasons for not
adding a requirement are incongruous
and unfounded. Citing rear impact
guard testing by the Insurance Institute
for Highway Safety (IIHS) and existing
guard designs that have received the
TOUGHGUARD award, the petitioners
disagreed with NHTSA’s decision that
additional research was needed before
adding a 30 percent overlap
requirement.
The petitioners’ July 15 submission
advanced essentially the same
arguments, that NHTSA had failed to
address the guard deficiencies for 30
percent overlap protection identified by
IIHS and that the agency had
‘‘summarily dismissed’’ IIHS’s research
in issuing the final rule. The petitioners
also argued that the 2022 final rule did
not address the concern that the
attachments of the guards to the trailers
were too weak. The petitioners noted
that some manufacturers offered their
redesigned guards as standard, while
other manufacturers offered them only
as an option, and that NHTSA ‘‘has
demonstrated an unwillingness to
require that all manufacturers install
these stronger guards as Standard on
new trailers’’ and has continued to
allow unreasonable risk when there is
‘‘available and proven technology.’’
They asserted that the Advisory
Committee on Underride Protection
(ACUP) should have been able to
provide input before the final rule was
issued.
IV. Agency Response
All NHTSA rulemaking actions
establishing an FMVSS must meet the
Safety Act’s requirements. The FMVSS
must be practicable, it must meet the
need for motor vehicle safety, and it
must be objective, reasonable, and
appropriate for the motor vehicle type
for which it is prescribed. While a
particular trailer model may include a
more robust guard as standard, the
agency must consider the effect of a
mandate on all vehicles subject to
2022, Pub. L. 117–103). However, report language
must be read in the context of the specific statutory
requirements to which NHTSA is subject under the
Safety Act.
E:\FR\FM\15JYP1.SGM
15JYP1
Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
FMVSS No. 223 and FMVSS No. 224.
As explained in the preamble to the
final rule (see 87 FR 42359–42360),
analysis of the costs and weights for
currently available trailers and rear
impact guard designs led to the
conclusion that a 30 percent overlap
condition would not be reasonable or
practicable for this FMVSS and would
not meet the requirements of Sections
30111(a) and (b) of the Safety Act for
issuance of FMVSS. NHTSA continues
to research potential cost-effective rear
impact guard designs that could
improve protection in 30 percent
overlap crashes while enhancing
protection in full and 50 percent overlap
VerDate Sep<11>2014
18:29 Jul 12, 2024
Jkt 262001
crashes at higher speeds. Issuance of the
final rule does not preclude future
rulemaking upon the completion of
additional research. The agency will
consider all input from ACUP’s
complete report and will consider all
views in any future rulemaking.6
V. Conclusion
In accordance with 49 U.S.C. 30162
and 49 CFR part 552, NHTSA is denying
two petitions for rulemaking requesting
6 While Petitioners urged that the views of the
ACUP should have been considered before issuing
a final rule, we note that they do not seek
revocation of the final rule.
PO 00000
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57383
that NHTSA initiate rulemaking to
amend FMVSS No. 223, ‘‘Rear impact
guards,’’ and FMVSS No. 224, ‘‘Rear
impact protection,’’ to include
additional requirements. NHTSA is
denying these petitions because the
petitioners did not provide new or
different information that would
warrant initiation of a rulemaking at this
time.
Issued in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.5.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2024–13956 Filed 7–12–24; 8:45 am]
BILLING CODE 4910–59–P
E:\FR\FM\15JYP1.SGM
15JYP1
Agencies
[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Proposed Rules]
[Pages 57381-57383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13956]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2024-0034]
Federal Motor Vehicle Safety Standards; Rear Impact Guards; Rear
Impact Protection; Denial of Petition for Rulemaking
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petitions for rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document denies a petition for rulemaking from Jerry and
Marianne Karth, Eric Hein, and Lois Durso-Hawkins, requesting that
NHTSA amend Federal Motor Vehicle Safety Standards (FMVSS) No. 223,
``Rear impact guards,'' and FMVSS No. 224, ``Rear impact protection,''
to include additional requirements. The agency is denying the petition
because it does not provide new or different information that would
warrant initiation of a rulemaking at this time. This document also
discusses NHTSA's consideration of a similar petition from the same
petitioners submitted to the docket of the July 15, 2022 final rule
amending FMVSS Nos. 223 and 224.
DATES: July 15, 2024.
ADDRESSES: National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, West Building, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
[[Page 57382]]
For technical issues: Ms. Lina Valivullah, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE, West Building,
Washington, DC 20590, (telephone) (202) 366-8786, (email)
[email protected].
For legal issues: Ms. Callie Roach, Office of the Chief Counsel,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue
SE, West Building, Washington, DC 20590, (telephone) (202) 366-2992,
(email) [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Petitions Received
III. Petitions To Initiate Rulemaking
IV. Agency Response
V. Conclusion
I. Background
The National Traffic and Motor Vehicle Safety Act (``Safety Act'')
(49 U.S.C. 30101 et seq.) authorizes the Secretary of Transportation
(NHTSA by delegation) \1\ to issue safety standards for new motor
vehicles and new items of motor vehicle equipment. The Safety Act
requires, at 49 U.S.C. 30111, motor vehicle safety standards to be
practicable, meet the need for motor vehicle safety, and be stated in
objective terms. Pursuant to this authority, NHTSA issued Federal Motor
Vehicle Safety Standard (FMVSS) No. 223, ``Rear impact guards,'' and
FMVSS No. 224, ``Rear impact protection,'' which together provide
protection for occupants of passenger vehicles in crashes into the rear
of trailers and semitrailers.
---------------------------------------------------------------------------
\1\ 49 CFR 1.95.
---------------------------------------------------------------------------
On July 15, 2022, NHTSA published a final rule in the Federal
Register upgrading FMVSS Nos. 223 and 224 by adopting requirements
similar to Transport Canada's standard for rear impact guards.\2\ The
updated safety standards require rear impact guards to provide
sufficient strength and energy absorption to protect occupants of
compact and subcompact passenger cars impacting the rear of trailers at
56 kilometers per hour (km/h) (35 miles per hour (mph)). This final
rule provides upgraded protection in crashes in which the passenger
motor vehicle hits the rear of the trailer or semitrailer such that 50
to 100 percent of the width of the passenger motor vehicle overlaps the
rear of the trailer or semitrailer.
---------------------------------------------------------------------------
\2\ 87 FR 42339.
---------------------------------------------------------------------------
II. Petitions Received
NHTSA received a petition for rulemaking from Jerry and Marianne
Karth, Eric Hein, and Lois Durso-Hawkins dated August 18, 2022,
requesting that NHTSA initiate rulemaking ``to require that Rear Impact
Guards on van-type or box semitrailers are able to prevent underride by
passenger vehicles at 35 mph in 30% offset crashes.''
NHTSA received a similar submission from Jerry and Marianne Karth,
Eric Hein, Lois Durso-Hawkins, Aaron Kiefer, Andy Young, and Garrett
Mattos dated July 15, 2022, submitted as a petition for reconsideration
of the July 15, 2022 final rule.\3\ That petition requested revision of
the final rule to include additional requirements. The July 15, 2022
submission does not meet the requirements in 49 CFR part 553 for a
petition for reconsideration.\4\ For this reason, the agency has
decided to consider that submission as a petition for rulemaking. Due
to the similarities in the issues raised in the August 18, 2022
petition and the July 15, 2022 submission, NHTSA is responding to both
in this single document.
---------------------------------------------------------------------------
\3\ Docket No. NHTSA-2022-0053-0003, document titled ``Petition
for Reconsideration of the Rear Impact Guard Rule (July 2022)'',
available at https://www.regulations.gov/document/NHTSA-2022-0053-0003.
\4\ While it was submitted as a petition for reconsideration,
the petition did not explain ``why compliance with the rule is not
practicable, is unreasonable, or is not in the public interest,'' as
required by 49 CFR part 553. In addition, the petitioners did not
assert that the requirements established by the final rule should be
stayed or revoked. For these reasons, the petition does not meet the
requirements in 49 CFR part 553 for a petition for reconsideration.
---------------------------------------------------------------------------
III. Petitions To Initiate Rulemaking
In the August 18 petition, the petitioners requested that NHTSA
promptly initiate rulemaking to require that rear impact guards on
trailers provide protection in 30 percent overlap crashes at 35 mph.
The petitioners stated that this type of crash is known to result in
death and significant injuries, including in collisions with rear
impact guards designed to meet the requirements in the July 15, 2022
final rule. In support of their petition, the petitioners stated that
NHTSA had been directed by Congress to ``protect the safety of the
driving public against unreasonable risk of death or injury'' and
claimed that the agency had failed to fulfill these directives.\5\ They
noted NHTSA's ``acknowledg[ment] that [the final rule] is a minimum
standard'' but asserted that it ``lacks a genuine commitment to the
USDOT's National Roadway Safety Strategy.'' The petitioners stated that
there is much debate about the frequency of underride crashes,
including those at the 30 percent offset, that 30 percent overlap
crashes more often result in more severe injuries due to the failure of
the guard and passenger compartment intrusion, and that the agency's
reasons for not adding a requirement are incongruous and unfounded.
Citing rear impact guard testing by the Insurance Institute for Highway
Safety (IIHS) and existing guard designs that have received the
TOUGHGUARD award, the petitioners disagreed with NHTSA's decision that
additional research was needed before adding a 30 percent overlap
requirement.
---------------------------------------------------------------------------
\5\ The petition references report language accompanying the
2022 appropriations bill urging NHTSA to complete rulemaking to
improve rear guards that ultimately meet the Insurance Institute for
Highway Safety standards for Toughguard awards. House Report No.
117-99 at p. 53; see also the Joint Explanatory Statement
accompanying the Consolidated Appropriations Act, 2022 (Division L--
Transportation, Housing and Urban Development and Related
Appropriations Act, 2022, Pub. L. 117-103). However, report language
must be read in the context of the specific statutory requirements
to which NHTSA is subject under the Safety Act.
---------------------------------------------------------------------------
The petitioners' July 15 submission advanced essentially the same
arguments, that NHTSA had failed to address the guard deficiencies for
30 percent overlap protection identified by IIHS and that the agency
had ``summarily dismissed'' IIHS's research in issuing the final rule.
The petitioners also argued that the 2022 final rule did not address
the concern that the attachments of the guards to the trailers were too
weak. The petitioners noted that some manufacturers offered their
redesigned guards as standard, while other manufacturers offered them
only as an option, and that NHTSA ``has demonstrated an unwillingness
to require that all manufacturers install these stronger guards as
Standard on new trailers'' and has continued to allow unreasonable risk
when there is ``available and proven technology.'' They asserted that
the Advisory Committee on Underride Protection (ACUP) should have been
able to provide input before the final rule was issued.
IV. Agency Response
All NHTSA rulemaking actions establishing an FMVSS must meet the
Safety Act's requirements. The FMVSS must be practicable, it must meet
the need for motor vehicle safety, and it must be objective,
reasonable, and appropriate for the motor vehicle type for which it is
prescribed. While a particular trailer model may include a more robust
guard as standard, the agency must consider the effect of a mandate on
all vehicles subject to
[[Page 57383]]
FMVSS No. 223 and FMVSS No. 224. As explained in the preamble to the
final rule (see 87 FR 42359-42360), analysis of the costs and weights
for currently available trailers and rear impact guard designs led to
the conclusion that a 30 percent overlap condition would not be
reasonable or practicable for this FMVSS and would not meet the
requirements of Sections 30111(a) and (b) of the Safety Act for
issuance of FMVSS. NHTSA continues to research potential cost-effective
rear impact guard designs that could improve protection in 30 percent
overlap crashes while enhancing protection in full and 50 percent
overlap crashes at higher speeds. Issuance of the final rule does not
preclude future rulemaking upon the completion of additional research.
The agency will consider all input from ACUP's complete report and will
consider all views in any future rulemaking.\6\
---------------------------------------------------------------------------
\6\ While Petitioners urged that the views of the ACUP should
have been considered before issuing a final rule, we note that they
do not seek revocation of the final rule.
---------------------------------------------------------------------------
V. Conclusion
In accordance with 49 U.S.C. 30162 and 49 CFR part 552, NHTSA is
denying two petitions for rulemaking requesting that NHTSA initiate
rulemaking to amend FMVSS No. 223, ``Rear impact guards,'' and FMVSS
No. 224, ``Rear impact protection,'' to include additional
requirements. NHTSA is denying these petitions because the petitioners
did not provide new or different information that would warrant
initiation of a rulemaking at this time.
Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.5.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2024-13956 Filed 7-12-24; 8:45 am]
BILLING CODE 4910-59-P