B-318551

August 20, 2009

The Honorable John D.Rockefeller IV
Chairman
The Honorable Kay Bailey Hutchison
Ranking Minority Member
Committee on Commerce, Science, and Transportation
United States Senate

The Honorable Henry A.Waxman
Chairman
The Honorable Joe L. Barton
Ranking Minority Member
Committee on Energy and Commerce
House of Representatives

Subject: Department of Transportation, National Highway Traffic SafetyAdministration: Federal Motor Vehicle Safety Standards; Air Brake Systems

Pursuant to section801(a)(2)(A) of title 5, United States Code, this is our report on a major rulepromulgated by the Department of Transportation, National Highway TrafficSafety Administration (NHTSA), entitled Federal Motor Vehicle SafetyStandards; Air Brake Systems (RIN: 2127-AJ37).We received the rule on August 7, 2009.It was published in the FederalRegister as a final rule on July 27, 2009, with a stated effective date ofNovember 24, 2009. 74 Fed. Reg. 37,122.

The final rule amends the federal motor vehicle safetystandard on air brake systems to improve the stopping distance performance oftruck tractors. The rule requires thevast majority of new heavy truck tractors to achieve a 30 percent reduction instopping distance compared to currently required levels. For these heavy truck tractors (approximately99 percent of the fleet), the amended standard requires those vehicles to stopin not more than 250 feet when loaded to their gross vehicle weight rating andtested at a speed of 60 miles per hour. Fora small number of very heavy severe service tractors, the stopping distancerequirement will be 310 feet under these same conditions. In addition, this final rule requires that allheavy truck tractors must stop within 235 feet when loaded to their lightlyloaded vehicle weight.

Enclosed is our assessment of NHTSAs compliance with theprocedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5with respect to the rule. Our review ofthe procedural steps taken indicates that NHTSA complied with the applicablerequirements.

If you have any questions about this report or wish tocontact GAO officials responsible for the evaluation work relating to thesubject matter of the rule, please contact Shirley A. Jones, Assistant General Counsel,at (202) 512-8156.

signed

Robert J. Cramer
Managing Associate General Counsel

Enclosure

cc: Milton E. Cooper
Program Analyst, National Highway
Traffic Safety Administration
Department of Transportation

ENCLOSURE

REPORT UNDER 5 U.S.C.sect.801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF TRANSPORTATION,
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
ENTITLED
"FEDERAL MOTOR VEHICLE SAFETY STANDARDS;
AIR BRAKE SYSTEMS"
(RIN: 2127-AJ37)

(i) Cost-benefit analysis

National Highway Traffic Safety Administration (NHTSA)analyzed the costs and benefits of this final rule. The costs will vary depending on which of avariety of possible solutions manufactures select to meet the requirements ofthis rule (e.g., installation of enhanced drum brakes, air disc brakes, orhybrid disc/drum systems). NHTSA believes the most likely low cost scenariowould be for a significant majority of tractors to use enhanced drum brakes,with about 18 percent of manufacturers needing to use more expensive discbrakes. Under this scenario, annualcosts would be about $50 million. Ifdisc brakes were used for all tractors, annual costs would be $178 million. Once all subject heavy truck tractors on theroad are equipped with enhanced braking systems, NHTSA estimates that annually,approximately 258 lives will be saved and 284 serious injuries will beprevented. In addition, NHTSA expects thisfinal rule to prevent $205 million in property damage annually at a 3 percentdiscount rate or $169 million at a 7 percent discount rate.

(ii) Agency actions relevant to the RegulatoryFlexibility Act, 5 U.S.C. sections603-605, 607, and 609

NHTSA certifies that this final rule will not have asignificant economic impact on a substantial number of small entities.

(iii) Agency actions relevant to sections 202-205 ofthe Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections1532-1535

NHTSA determined that this final rule is not expected toresult in the expenditure by state, local, or tribal governments, in theaggregate, of more than $118 million annually, but that it may result in anexpenditure of that magnitude by vehicle manufacturers and/or their suppliers. NHTSA believes that the approach it took withthis rulemaking is consistent with safety and should provide a number ofchoices regarding the means used for compliance (e.g., enhanced drum brakes,all-disc brakes, or hybrid drum/disc brakes), thereby offering flexibility tominimize costs of compliance with the standard. NHTSA has prepared a detailed economicassessment in the final regulatory impact assessment in which the agencyanalyzed the cost-benefit analysis of both a 20 percent and a 30 percentreduction in required stopping distance. NHTSA determined that although the 30 percentrequirement does cost more to implement, the benefits estimated in the 30percent reduction scenario far outweighed those identified in the 20 percentreduction scenario.

(iv) Other relevant information or requirements underacts and executive orders

Administrative Procedure Act, 5 U.S.C. sections551 etseq.

NHTSA published a notice of proposed rulemaking onreducing the stopping distance for truck tractors on December 15, 2005. 70 Fed. Reg. 74,270. NHTSA received 27 comments on the proposedrule, to which it responded in the final rule. 74 Fed. Reg. 37,12737,154.

Paperwork Reduction Act, 44 U.S.C. sections3501-3520

NHTSA determined that this rule contains no informationcollection requirements under the Act.

Statutory authorization for the rule

NHTSA stated that it promulgated this rule under theauthority of sections 322, 30111, 30115, 30117, and 30166 of title 49, UnitedStates Code.

National Environmental Policy Act (NEPA), 42 U.S.C.sections4321-4370f

NHTSA determined that implementation of this action will nothave a significant impact on the quality of the human environment.

National Technology Transfer and Advancement Act of 1995, 15U.S.C. 272

NHTSA determined that there are no voluntary consensusstandards related to heavy truck stopping distance available at this time. However, NHTSA stated that it will considerany such standards as they become available.

Executive Order No. 12,866 (Regulatory Planning andReview)

NHTSA determined that this final rule is economicallysignificant under the Order because the estimated costs of the rule couldexceed $100 million. This rule wasreviewed by the Office of Management and Budget.

Executive Order No. 12,988 (Civil Justice Reform)

NHTSA determined that this final rule is consistent with therequirements of the Order in that the rule clearly specifies the preemptiveeffect; clearly specifies the effect on existing federal law or regulation;provides a clear legal standard for affected conduct, while promotingsimplification and burden reduction; clearly specifies the retroactive effect,if any; adequately defines key terms; and addresses other important issuesaffecting clarity and general draftsmanship under any guidelines issued by the AttorneyGeneral.

Executive Order No. 13,045 (Protection of Children)

NHTSA determined that this final rule does not involvedecisions based upon health and safety risks that disproportionately affectchildren because the problems associated with crashes involving heavy trucksand other vehicles equally impact all persons riding in a vehicle, regardlessof age.

Executive Order No. 13,132 (Federalism)

NHTSA determined that this final rule does not havefederalism implications, because the rule does not have a substantial directeffect on the states, on the relationship between the national government andthe states, or on the distribution of power and the responsibilities among thevarious levels of government. NHTSA doesnot currently foresee any potential state requirements that might conflict withtodays final rule. Without anyconflict, NHTSA determined there could not be any implied preemption.