Page:Full Disclosure Appendix, Eighteen Major Cases.djvu/40

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246
Notes to Pages 195–196

99. Federal regulators first proposed a rollover standard in 1973. For a detailed history of rollover regulation, see National Academies, 2002, pp. 9–13.

100. These goals are spelled out in Consumer Information Regulations; Rollover Prevention, 65 Fed. Reg. 34998 –35024 (June 1, 2000) (codified at 49 C.F.R . pt. 575). See also Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, Pub. L. 106 –414, November 1, 2000, 114 Stat. 1800 (codified at 49 U.S .C . §30170) (2000)). In earlier rule makings, regulators established frontal crashworthiness ratings and side impact ratings for each new model.

101. For a detailed discussion of the development of the five-star rating, including reliance on focus groups, see National Academies, 2002, pp. 68–71. The government replaced numerical ratings with star ratings after a 1992 Senate and Conference Appropriations report asked that methods be improved for informing consumers of the comparative safety of new models. For ratings history, see Government Accountability Office, 2005b, pp. 10–12.

102. The final rule was published in 66 Fed. Reg. 3388–3437 (January 12, 2001).

103. 66 Fed. Reg. 66190 (proposed December 21, 2001) (codified at subpt. C 49 C.F.R . pt. 579).

104. 66 Fed. Reg. 65536 (proposed December 19, 2001) (to be codified at 49 C.F.R. pts. 567, 571, 574, and 575).

105. These requirements are set forth in 49 U.S.C. §30117(c).

106. Consumer Information; New Car Assessment Prog ram; Rollover Resistance, 68 Fed. Reg. 59250 (October 14, 2003) (codified at 49 C.F.R . pt. 575). The dynamic rollover test complemented but did not replace the government’s initial static test. The National Academies of Sciences’ recommendations are set forth in National Academies, 2002.

107. Stars on Cars Act of 2005, S. 560, 109th Cong. (2005).

108. New-model rollover ratings are listed by the National Highway Traffic Safety Administration at http://www.safercar.com. In 2004, there were 4.3 million visits to the ratings Web site. Government Accountability Office, 2005b, p. 15.

109. Government Accountability Office, 2005b, p. 2.

110. Government Accountability Office, 2005b, p. 26.

111. Congress directed regulators to issue a minimum performance standard for rollovers by 2009. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L . 109–59, August 10, 2005, 119 Stat. 1144 (codified in scattered sections of 18 U.S .C .A., 23 U.S .C .A., and 49 U.S.C.A) (West, Westlaw through Pub. L . 109 –169). See Federal Motor Vehicle Safety Standards; Roof Crush Resistance, 70 Fed. Reg. 49223 (proposed August 23, 2005) (to be codified at 49 C.F.R. pt. 571).

112. Government Accountability Office, 2005b, p. 36.

113. Government Accountability Office, 2005b, pp. 27–28.

114. Instructions for accessing backup crash test data are given at http://www.safercar.gov/pages/ResourcesLinksDCR.htm.

115. For a general critique of auto safety star ratings, see National Academies, 1996, pp. 65–73, and Government Accountability Office, 2005b, pp. 27–28.