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GAO-14-624R 1 (2014-05-27)

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GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-325856


May 27, 2014

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

The Honorable Fred Upton
Chairman
The Honorable Henry A. Waxman
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Department of Transportation: National Highway Traffic Safety Administration: Federal
        Motor Vehicle Safety Standards; Rear Visibility

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Transportation, National Highway Traffic Safety
Administration (NHTSA) entitled Federal Motor Vehicle Safety Standards; Rear Visibility (RIN:
2127-AK43). We received the rule on May 12, 2014. It was published in the Federal Register
as a final rule on April 7, 2014. 79 Fed. Reg. 19,178.

The final rule expands the required field of view for all passenger cars, trucks, multipurpose
passenger vehicles, buses, and low-speed vehicles with a gross vehicle weight of less than
10,000 pounds. NHTSA anticipates that this final rule will significantly reduce backover crashes
involving children, persons with disabilities, the elderly, and other pedestrians who currently
have the highest risk associated with backover crashes. Specifically, the final rule specifies an
area behind the vehicle that must be visible to the driver when the vehicle is placed into reverse
and other related performance requirements. NHTSA anticipates that, in the near term, vehicle
manufacturers will use rearview video systems and in-vehicle visual displays to meet the
requirements of this final rule.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. 801(a)(3)(A). This final rule has a stated effective date of June 6,
2014. Compliance with the rule is required according to a phase-in schedule that begins on
May 1, 2016; full compliance is required on May 1, 2018. The rule was published in the Federal
Register on April 7, 2014, and received on May 12, 2014. 79 Fed. Reg. 19,178; 159 Cong. Rec.
S3027 (May 14, 2014). Therefore, to the extent that the rule purports to have an effect starting
June 6, 2014, the effective date in the rule, rather than as determined by the compliance phase-
in schedule, it does not have the required 60-day delay in effective date.


GAO-14-624R

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