61322 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 

1 In a separate rulemaking proceeding, NHTSA is 

considering possible amendments to this definition 

to allow certain trucks to be classified as LSVs (68 

FR 68319).

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

RIN: 2127–AH80 

Federal Motor Vehicle Safety 

Standards; Low Speed Vehicles

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT.

ACTION: Termination of rulemaking.

SUMMARY: The purpose of this document 

is to announce the termination of a 

rulemaking in which the agency had 

considered establishing performance 

criteria and tests for the existing 

requirements for low speed vehicles. 

After considering the amount of 

additional research that is still needed 

before the necessary criteria and tests 

can be finalized and proposed for public 

comment, and the absence of data 

showing a safety problem with current 

safety equipment, the agency has 

decided to terminate the rulemaking. 

The agency may pursue future research 

relative to low speed vehicles (LSV) as 

funding and priorities permit.

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, contact Mr. William D. 

Evans, Office of Crash Avoidance 

Standards, phone (202) 366–2272. For 

legal issues, contact Christopher 

Calamita, Office of Chief Council, phone 

(202) 366–2992. You may send mail to 

both of these officials at the National 

Highway Traffic Safety Administration, 

400 Seventh Street, SW., Washington, 

DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background 

On June 17, 1998, NHTSA published 

a final rule establishing Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

500, ‘‘Low-speed vehicles,’’ and added a 

definition of ‘‘low-speed vehicle’’ to 49 

CFR 571.3 (63 FR 33194). This new 

FMVSS and vehicle classification 

responded to the growing public interest 

in using golf cars and other similarly 

sized small vehicles to make short trips 

for shopping and social/recreational 

purposes primarily within retirement or 

other self-contained communities. An 

LSV is defined in 49 CFR 571.3 as a 4-

wheeled motor vehicle, other than a 

truck, whose speed attainable in 1.6 km 

(1 mile) is more than 32 kilometers per 

hour (20 mph) and not more than 40 

kilometers per hour (25 mph) on a 

paved level surface1. Due to their small 

size, low operating speed and restricted 

area of use, LSVs are exempt from many 

of the FMVSSs that apply to 

conventional, higher speed motor 

vehicles. LSVs are not required to have 

doors or bumpers and are not required 

to meet any crashworthiness tests. 

However, FMVSS No. 500 does require 

LSVs certified for use on public roads to 

be equipped with certain safety 

equipment: headlamps, front and rear 

turn signal lamps, tail lamps, stop 

lamps, reflex reflectors, rearview 

mirrors, a parking brake, a windshield 

and a Type 1 or Type 2 seat belt 

assembly at each seating position. The 

standard currently does not contain 

performance criteria and test procedures 

for the safety equipment installed other 

than the following:

• A windshield that conforms to the 

FMVSS on glazing materials (49 CFR 

571.205). 

• A Vehicle Identification Number 

(VIN) that conforms to the requirements 

of 49 CFR part 565, Vehicle 

Identification Number. 

• A Type 1 or Type 2 seat belt 

assembly conforming to 49 CFR 

571.209, Seat belt assemblies, installed 

at each designated seating position. 

NHTSA received Petitions for 

Reconsideration to the Final Rule from 

the Connecticut Department of Motor 

Vehicles, the Florida Department of 

Highway Safety and Motor Vehicles, 

and the American Association of Motor 

Vehicle Administrators (AAMVA). 

These organizations requested that 

NHTSA establish performance criteria 

and tests for the safety equipment 

required by FMVSS No. 500. NHTSA 

recognized that a requirement for LSVs 

to be equipped with an item of 

equipment without specifying its 

performance could result in the 

introduction of LSVs by different 

manufacturers whose safety equipment 

would not perform in an identical 

manner. NHTSA also recognized that 

allowing a manufacturer total freedom 

of choice regarding the performance of 

equipment might result in the 

installation of equipment that did not 

provide an adequate level of safety. 

NHTSA considered the Petitions for 

Reconsideration from Connecticut, 

Florida and AAMVA to be Petitions for 

Rulemaking and granted them in 2000. 

II. Decision To Withdraw Rulemaking 

NHTSA initiated a research plan in an 

effort to develop performance 

requirements for LSVs. Some research 

testing has been performed on LSVs 

relative to the safety equipment 

currently required by FMVSS No. 500. 

In addition, other equipment such as 

service brakes and seat belt assembly 

anchorages have been examined and 

tested. NHTSA still has further research 

and testing to complete on lighting 

photometric requirements, seat belt 

anchorages and service brakes. Research 

and testing has verified that LSVs are 

equipped with a variety of safety 

equipment with various performance 

characteristics. Some systems and 

equipment that vary widely in 

performance characteristics are lighting 

and service brake systems. However, 

due to the lack of crash data on LSVs 

it is difficult to determine the safety 

consequences of these variations in 

system performance. Searches in 

NHTSA’s Fatal Analysis Reporting 

System (FARS) and the National 

Automotive Sampling System (NASS) 

have not provided any crash data 

involving LSVs. This may reflect police 

reporting practices that do not recognize 

LSVs as motor vehicles. After 

considering the amount of additional 

research that is still needed before the 

necessary performance criteria and test 

procedures could be finalized and 

proposed for public comment, and the 

absence of data showing a safety 

problem with current safety equipment, 

the agency has decided to terminate the 

rulemaking. The agency may pursue 

future research relative to LSVs as 

funding and priorities permit.

Issued on: October 7, 2004. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 04–23077 Filed 10–15–04; 8:45 am] 

BILLING CODE 4910–59–P