NHTSA denies petition on rear-impact guard final rule

The National Highway Traffic Safety Administration has denied a petition from trucking safety groups to reconsider a 2022 final rule aimed at improving rear-impact guards on trailers and semitrailers.

NHTSA announced the denial in a notice published in the Federal Register on Wednesday, June 26.

In 2022, the agency issued a final rule to require that the rear-impact guards on trailers and semitrailers possess sufficient strength and energy absorption to protect occupants and passenger vehicles in multiple crash scenarios. The rule required the guards to be able to withstand an impact of 35 mph. In addition, the standards provided upgraded protection for crashes in which 50% of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer.

However, several trucking safety groups argued that the rule did not go far enough to protect passenger vehicles from rear underride crashes.

In August 2022, the Advocates for Highway and Auto Safety, the Truck Safety Coalition, Citizens for Reliable and Safe Highways, and Parents Against Tired Truckers filed a petition for reconsideration. The petitioners disagreed with NHTSA’s data and analysis used to make the final rule and asserted that the agency should require reinforced rear guards designed for a 30% overlap crash condition.

NHTSA Denial

As part of the petition, the safety groups argued that NHTSA created its final rule without considering all of the available data on underride crashes.

NHTSA said that the safety groups’ arguments about underreporting and “faulty” data were already addressed during the rulemaking process.

“The petitioners raised substantially similar points in comments they submitted during the rulemaking process,” the agency wrote in the notice. “NHTSA carefully reviewed all information submitted by the petitioners and commenters throughout the rulemaking process to inform the final rule. The agency gave full consideration to the comments submitted in response to the notice of proposed rulemaking, including those regarding underride crash data and underreporting.”

The safety groups argued that NHTSA failed to follow a provision in the 2021 Infrastructure Investment and Jobs Act regarding the overlap percentage.

NHTSA said the provision required the agency to adopt a standard for the 30% overlap condition if it met the Safety Act’s requirements and considerations.

The agency said the standard “would not be reasonable or practicable.”

The Truck Safety Coalition responded to the denial by calling it “tone deaf.”

Underride committee

The 2021 infrastructure law also called for the creation of the Advisory Committee on Underride Protections.

Last week, the divided committee submitted two reports to NHTSA. The majority report provides recommendations calling for more mandates regarding underride guards. The minority – or dissenting – report offers the industry perspective. It is unclear when the reports will be released to the public. LL