Tag Archives: rulemaking

Still Time to Submit a Public Comment on Side Guard Rule (July 20)

Don’t miss the July 20 deadline (extended from June 20) for submitting a Public Comment to NHTSA on the Advance Notice of Proposed Rulemaking for Side Underride Guards. Here’s how you can do it:

  • Go to this link.
  • Write your comment to let NHTSA know why you want them to proceed with a rule on side guards.
  • If you have specific information to answer NHTSA’s nine questions, you can include it in your comments and/or add attachments.
  • Please note the WARNING:   Do not submit personally identifiable information through this form. Any personally identifiable information (e.g., name, address, phone number) included in the comment form or in an attachment may be publicly disclosed in a docket or on the Internet.
  • Use the drop down box to Select a Comment Category (Rule/Proposed Rule/Final Rule).
  • Provide your email address (won’t be published online) and indicate that you’re an Individual and NOT a Robot.
  • Then, SUBMIT.
  • That’s it. Thank you!

Public Comments on the Side Guard ANPRM – As of June 16, 2023 (119)

The majority of comments (over 1,000) posted from June 16 through June 23 were from individuals and organizations which support the requests in the Public Comment from the League of American Bicyclists – calling for pedestrians and bicyclists to be included in the data for side guard regulatory analysis.

Comment from Jerry & Marianne Karth

Birth Pangs In Advance of Long-Awaited Rear Underride Regulations

As a mom of nine, I know all too well the hardships and difficulties that accompany pregnancy, labor, and birth. So I really shouldn’t be surprised that the process of bringing about change in traffic safety regulations is similarly fraught with angst. Right?

Yet, I was still taken by surprise when I discovered last week that a long-awaited infrastructure bill contained an unexpected revision of legislative language on underride provisions — after it was already passed. Here I thought that the 2021 Infrastructure Bill — even though it didn’t contain a strong mandate for side underride regulations — contained a definite mandate to meet the Insurance Institute for Highway Safety (IIHS) TOUGHGuard level of strength for rear underride protection. Wrong.

Unbeknownst to me, the Senate had revised the House version of that underride requirement — despite the fact that IIHS had clearly shown that engineers could develop rear underride guards to prevent cars from going under the rear of trailers at the outer edges. This revision was noted by IIHS as an apparent and unfortunate rejection of proven safety technology.

  • Another longstanding IIHS-HLDI priority included in the legislation is improvements to truck underride guards. The bill calls for an updated rear underride standard that would incorporate at least two of the three requirements for the IIHS TOUGHGUARD award: Guards would have to prevent underride by a passenger vehicle traveling 35 mph when it strikes the rear of a trailer in the center or with a 50 percent overlap. It also calls for regulators to consider requiring the most challenging part of the IIHS evaluation, the 30 percent overlap crash. Years of work by IIHS-HLDI paved way for safety provisions in infrastructure bill

In other words, the bill stopped short of a clear mandate to NHTSA to write a rule which would require manufacturers to meet that third requirement. In contrast, the House version of the Infrastructure called for a regulation in which Rear Impact Guards would be required:

  • to be equipped with rear impact guards that are designed to prevent passenger compartment intrusion from a trailer or semitrailer when a passenger vehicle traveling at 35 miles per hour makes— (i) an impact in which the passenger vehicle impacts the center of the rear of the trailer or semitrailer; (ii) an impact in which 50 percent the width of the passenger vehicle overlaps the rear of the trailer or semitrailer; and (iii) an impact in which 30 percent of the width of the passenger vehicle overlaps the rear of the trailer or semitrailer. “

Why would they water down the underride provisions so significantly — leaving it to the discretion of the Secretary (under pressure from a resistant Industry) on whether to require a proven solution? Do we want people to die?

These crash test videos show a 30% overlap with & without a TOUGHGuard rear underride guard.

Like any mother facing childbirth, after almost nine years of advocating for change in a dangerous truck design which killed my daughters, I now await the release of the Final Rule [anticipated in January 2022]. Can I expect the National Highway Traffic Safety Administration (NHTSA) to make a recommendation to the Secretary for the strongest possible level of rear underride protection? Can I trust them to take into full consideration the years of research, along with the unimaginable toll on individuals and families? Will we see a healthy, robust regulation released for rear underride protection?

Pray with me that it will be so.

Underride Conversation with David Friedman, NHTSA Deputy Administrator

Shortly after we delivered the 11,000+ AnnaLeah & Mary Stand Up For Truck Safety Petitions to Washington, DC, we were invited to tour the research & design center of a tractor-trailer manufacturer. After doing so, my immediate reaction was to wonder what would ever bring about a major improvement in underride guard strength. And I wished that I could just sit down with the trailer manufacturers and hammer out a solution.

An underride (or rear impact) guard is required by federal law for some large trucks to prevent a vehicle from sliding underneath a truck in the event of a collision. Too often, these guards–as in our crash–even if they meet specifications, are properly installed, and are maintained, do not withstand the crash and the smaller vehicle slides under the truck. As a result, life-saving technologies are not put into effect and there is intrusion into the passenger compartment.

In other words, the back of the truck comes into contact with people in the smaller vehicle who then experience horrific injuries and–too often–death.

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I emailed many people–hoping to drum up some interest in addressing this issue jointly. When I found out that there was going to be a new administrator, Mark Rosekind, at NHTSA, I wrote to him and asked that NHTSA host an underride roundtable discussion.

After exchanging a few emails, I was contacted by his scheduling assistant, who said that we would have a phone call in mid-February. As it turns out, that conversation never took place. Instead, Mark Rosekind arranged for me to speak on the phone with David Friedman, Deputy Administrator at NHTSA, on March 27, 2015.

When we met with DOT on May 5, 2014, David Friedman was the one who told me that he would let me know when a rulemaking was announced for underride guards. And he did so on July 9, 2014 (after promising that they would make a decision in two months, he was very close!): https://annaleahmary.com/2014/07/nhtsa-has-initiated-a-rulemaking-process-to-evaluate-options-for-improving-underride-guards/ . So, it was fitting that he would be the one to let me know about any progress on meeting our petition requests.

We discussed my hopes for an underride roundtable–to bring together those who could do something about improving underride guards. David told me that–while NHTSA would like to host such events–a discussion of underride would likely not occur until 2016. And, even then, it would probably be only one part of a broader truck safety conference.

That would definitely be a good thing but, in my mind, not give adequate attention to the underride issue. In fact, as we talked, it became clear that if an underride roundtable were going to occur, we would have to spearhead the effort.

So, after thanking him for the update, I scheduled a quarterly phone call for June–at which time he promised to provide me with information on the progress of the truck safety issues in our petition. Then I began brainstorming ways in which we could actually work to organize an underride roundtable–with NHTSA as potential participants.

Earlier,  I had spoken about that possibility with John Lannen, Director of the Truck Safety Coalition. So, after speaking with David Friedman, I resumed that conversation. John and I came up with some initial steps to get the process underway. I made a few contacts, and so did he.  As a result, we have had some interesting developments and hope to unveil the details soon.

Perhaps we are closer to seeing improvements in underride protection. Perhaps our loss can serve as a catalyst to encourage the development of The Best Possible Protection for preventing future losses from truck underride crashes.

Washington DC 129

 

 

Bloomberg BNA Reports on the NHTSA Proposed Underride Guard Rule

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After the National Highway Traffic Safety Administration (NHTSA) initiated a rulemaking process which would improve safety requirements for rear underride guards, Rebecca Kern, reporter for the Bloomberg BNA’s Product Safety & Liability Reporter, interviewed me to find out what I could tell her about this significant stepping stone.

Bloomberg BNA granted me permission to share the article here: bloomberg bna article .

After reading the article, please also read my comments about the quote in it from the American Trucking Associations (ATA) and my communication last week with Ted Scott, the ATA Director of Engineering Services: https://annaleahmary.com/2014/07/clarifying-the-ata-position-on-underride-guards-2/ .

Reproduced with permission from Product Safety & Liability Reporter, 42 PSLR 808 (July 21, 2014). Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>

From life's first cry to final breath

Photo collage: From life’s first cry to final breath: AnnaLeah & Mary.