Is it time to move forward with negotiated rulemaking to hammer out underride solutions?

The current underride rulemaking was issued as a Notice of Proposed Rulemaking (NPRM) on December 16, 2015. Over four years ago. It’s time to take care of business. People continue to die horrific, violent, unimaginable underride deaths.

Is it time to move forward with negotiated rulemaking to hammer out practical, effective solutions for the deadly underride problem? Is it doable? Would this process enable us to overcome the stalemate between industry and safety advocates — to get the current underride rulemaking out of limbo?

NOTES ON NEGOTIATED RULEMAKING:

Declares that any agency may consult with the Administrative Conference of the United States and other individuals and organizations for information and assistance in forming a negotiated rulemaking committee and conducting negotiations.

Authorizes the Chairman of the Conference to pay, upon request of an agency head, all or part of the expenses of convening and conducting a negotiated rulemaking proceeding.

{NOTE: Apparently, this ability was later taken away from the ACUS and they are no longer able to assist in this way with negotiated rulemaking. Oh, well. Back to SQUARE ONE!}

Read more here: Negotiated Rulemaking Act of 1990

The negotiated rulemaking process is unique in several ways from both listening sessions and advisory committees. . . a negotiated rulemaking committee’s goal is to make binding, enduring decisions that will resolve the underlying issues and, if present, disputes.

Compared to participation in hearings/meetings and advisory committees, the role of non-Agency participants in interacting with the Agency through the negotiated rulemaking process is often far more robust, expansive, and issue-focused.

NOTE: And this could legitimately be done to update the NPRM on rear guards (which is in limbo) into a SUPPLEMENTAL RULEMAKING.

An SNPRM may be issued if a proposed rule has been substantially changed from the original notice of proposed rulemaking. The supplemental notice advises the public of the revised proposal and provides an opportunity for additional comment. To give the public a reasonable opportunity to become reacquainted with a rulemaking, a supplemental notice may also be issued if considerable time has elapsed since publication of a notice of proposed rulemaking. An SNPRM contains the same type of information generally included in an NPRM. § 1.05-40 Supplemental notice of proposed rulemaking (SNPRM).

What are we waiting for?

The AnnaLeah & Mary Stand Up For Truck Safety Petition was delivered to DOT on May 5, 2014 — one year after our crash. It called for comprehensive underride rulemaking. We’ve uncovered a lot more information since then; we’re well-equipped to participate in this process. Let’s get on with it.