Side Underride Deaths Need To Be Addressed Now; To do otherwise would be negligent & unconscionable.

Would the current freeze on federal rulemaking mean that there could be no action taken to initiate side underride protection [side guards] rulemaking? It is my understanding that rulemaking related to health and safety is allowable. And, in fact, side guards have already been included in multiple communications related to current rulemaking on underride guards for commercial motor vehicles:

  1. The underride rulemaking on rear guards on trailers is still open, not completed. They have previously told me that, even though the official Public Comment is closed, they will take into consideration other comments which they receive after that period.
  2. It fits under President Trump’s category of not-new rulemaking.
  3. They have already received our petition on May 5, 2014, which included a request for side guardshttps://www.federalregister.gov/documents/2014/07/10/2014-16018/federal-motor-vehicle-safety-standards-rear-impact-guards-rear-impact-protection ” NHTSA is still evaluating the Petitioners’ request to improve side guards and front override guards and will issue a separate decision on those aspects of the petition at a later date.”
  4. Other people have mentioned side guards in their Public Comment when the ANPRM and NPRM on underride guards were issued in July 2014 and December 2015, respectively. https://www.regulations.gov/document?D=NHTSA-2015-0070-0013 and https://www.regulations.gov/document?D=NHTSA-2015-0070-0035
  5. We have, in fact, submitted a Comprehensive Consensus Underride Petition to NHTSA via this Public Comment process. So they know that we want side guards addressed as well: http://annaleahmary.com/wordpress/wp-content/uploads/2016/09/Comprehensive-Underride-Consensus-Petition-Letter-to-DOT.pdf
  6. Here is the Clarification of the requests in that Comprehensive Underride Petition: http://annaleahmary.com/wordpress/wp-content/uploads/2016/09/Clarification-of-the-Comprehensive-Underride-Consensus-Petition.pdf IT INCLUDES SIDE GUARDS.
  7. I personally submitted a comment specifically about side guards: https://www.regulations.gov/document?D=NHTSA-2015-0118-0039
  8. NHTSA, as far as I know, can re-write the current rulemaking —  based upon feedback which they receive —  to produce a Final Rule.

I don’t know if additional comments submitted at this time would get posted to the Federal Register online, but it is my understanding that NHTSA would receive them.

Besides which, this conversation was well underway as far back as 1969, and the victims of side underride crashes — past, present, and future — deserve to have this issue addressed here and now. To do otherwise would be negligent and unconscionable.

Oh, wait! What does that say about what we have already allowed to happen?

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