
[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Proposed Rules]               
[Page 55804-55810]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se08-26]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2008-0154]

 
Federal Motor Vehicle Safety Standards; Medium Speed Vehicles

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Denial of petition for rulemaking.

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SUMMARY: This document denies petitions for rulemaking submitted by 
Environmental Motors, and Porteon Electric Vehicles, Inc. and Mirox 
Corporation. The petitioners requested that NHTSA commence rulemaking 
to create a new class of motor vehicles known as medium speed vehicles, 
which would have a maximum speed capability of 35 mph. The petitioners 
contemplated that these vehicles would be subject to a set of safety 
standards greater than those that apply to low speed vehicles but 
substantially less than the full set of safety standards that apply to 
other light vehicles such as passenger cars. The petitioners cited a 
number of reasons in support of their petition, the most significant of 
which related to potential environmental benefits. After carefully 
reviewing the petitions, we are denying them because the introduction 
of such a class of motor vehicles without the full complement of safety 
features required for other light vehicles such as passenger cars would 
result in significantly greater risk of deaths and serious injuries. 
While NHTSA agrees with the importance of environmental issues, the 
agency believes that it is neither necessary nor appropriate to 
significantly increase the risk of deaths and serious injuries to save 
fuel.

FOR FURTHER INFORMATION CONTACT: 
    For technical issues: Gayle Dalrymple, Office of Crash Avoidance 
Standards, NVS-123. Telephone: 202-366-5559;

[[Page 55805]]

facsimile: 202-493-2739; e-mail gayle.dalrymple@nhtsa.dot.gov.
    For legal issues: Mr. Ari J. Scott, NHTSA Office of the Chief 
Counsel, NCC-112. Telephone: (202) 366-2992; facsimile: (202) 366-3820; 
e-mail ari.scott@nhtsa.dot.gov.
    Both officials can be reached by mail at the National Highway 
Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, 
DC 20590.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Overview
II. Petitions for Rulemaking
III. Low Speed Vehicles
IV. State Legislation on MSEVs and Relevant Federal Requirements
V. Agency Response to Petitions
    A. The rationale for applying a limited set of safety standards 
to LSVs is not relevant to MSVs
    B. The traffic environment in which MSVs would likely travel is 
an environment for which the full set of the Federal motor vehicle 
safety standards is needed to prevent fatalities and serious 
injuries
    C. It is neither necessary nor appropriate to significantly 
increase the risk of deaths and serious injuries to save fuel
    D. Other issues
VI. Conclusion

I. Overview

    NHTSA has received three petitions for rulemaking, from 
Environmental Motors, Porteon Electric Vehicles, Inc. and Mirox 
Corporation, requesting that the agency commence rulemaking to create a 
new class of motor vehicles known as medium speed vehicles MSVs. While 
the specific requests vary, they essentially ask the agency to conduct 
rulemaking to exclude smaller light vehicles that would currently be 
classified as passenger cars, multipurpose passenger vehicles (MPVs) or 
trucks from many or most of the Federal motor vehicle safety standards, 
if their speed capability is 35 mph or less. The vehicles would instead 
be subject to a set of safety standards greater than those that apply 
to low speed vehicles (LSVs) but substantially less than the full set 
of safety standards that apply to other light vehicles.
    The petitioners made a variety of arguments in support of their 
requests, the most significant of which related to environmental 
benefits, including facilitating the development of electric vehicles 
and fuel savings. They argued that because LSVs are not permitted to 
have a speed capability greater than 25 mph, they cannot safely keep up 
with traffic in urban areas, and a need therefore exists for vehicles 
with a higher speed (35 mph) capability. The petitioners also noted 
that two States have passed laws that purport to allow medium speed 
electric vehicles to operate on certain public roads.
    After carefully considering the petitions, we are denying them 
because the introduction of such a class of motor vehicles without the 
full complement of safety features required for other light vehicles 
would result in significantly greater risk of deaths and serious 
injuries. We address the petitioners' arguments in detail in the rest 
of this document, but note the following points in this overview.
    The petitioners appear to view MSVs as a variant of LSVs, i.e., a 
special class of small motor vehicles that would not be required to 
meet the full complement of the Federal motor vehicle safety standards. 
However, the rationale for applying a limited set of safety standards 
to LSVs is not relevant to MSVs.
    NHTSA issues different safety standards for different types of 
motor vehicles. The agency established the special category of motor 
vehicles called LSVs to accommodate the use of small golf cars and 
other vehicles primarily intended for use in controlled, low-speed 
communities, such as retirement communities. In order to qualify as an 
LSV under the agency's definition, a vehicle must, among other things, 
have a speed capability no higher than 25 mph. LSVs are subject to a 
limited set of safety measures in FMVSS No. 500, including requirements 
related to the installation of lamps, mirrors, seat belts and a 
windshield. However, LSV's are not subject to most of the standards to 
which other light vehicles such as passenger cars are required to 
comply, including the rigorous crashworthiness standards.
    One of the principal concerns raised by the petitioners is that the 
25 mph speed limitation that applies to LSVs prevents these vehicles 
from keeping up with traffic in urban areas. However, the 25 mph 
limitation reflects the fact that NHTSA designed the set of safety 
standards that apply to LSVs for vehicles intended to be used in 
controlled, low speed environments. Vehicles with a speed capability 
above 25 mph are more likely to be driven outside controlled, low speed 
environments, and the limited LSV safety requirements are not 
appropriate for such vehicles.
    The petitioners appear to assume that the full set of safety 
standards applicable to other light vehicles such as passenger cars 
would not be appropriate for MSVs, i.e., small vehicles with a speed 
capability of 35 mph. However, the traffic environment in which these 
vehicles would likely travel, including, e.g., urban roads with a speed 
limit of 35 mph or 45 mph, is an environment for which the full set of 
the Federal motor vehicle safety standards is needed to prevent 
fatalities and serious injuries. MSVs would be traveling in mixed 
traffic at speeds in which crashes posed a risk of serious injury or 
fatality and in which safety features such as frontal and side air bags 
significantly reduced that risk. Also, a number of the crash test 
requirements included in our safety standards simulate crashes in this 
higher speed environment. We note that the petitioners did not provide 
analysis demonstrating why any of the Federal motor vehicle safety 
standards are not needed for MSVs.
    NHTSA shares the concerns of the petitioners about the importance 
of environmental issues and saving fuel, and notes that it is currently 
engaged in rulemaking in which it has proposed to substantially 
increase average fuel economy standards for passenger cars and light 
trucks. We also note that a number of smaller vehicles have been 
introduced in recent years that are certified to comply with the full 
set of Federal motor vehicle safety standards. In addition, the current 
unprecedented cost of fuel is forcing manufacturers to improve fuel 
efficiency and reduce vehicle size without Federal mandates.
    While we appreciate the importance of environmental issues, NHTSA 
does not believe that it is necessary or appropriate to significantly 
increase the risk of deaths and serious injuries to save fuel by 
introducing a new class of motor vehicles that does not provide 
adequate safety protection.

II. Petitions for Rulemaking

Environmental Motors

    One of the petitions received by NHTSA was from Environmental 
Motors, an electric vehicle (EV) dealer located in Glendale, CA.\1\ 
That company stated that the petition was being sent as part of an 
effort by a coalition interested in getting zero emission, energy-
efficient vehicles on the road in a safe and timely manner. The 
coalition includes EV manufacturers and sellers (including Miles 
Electric Vehicles, Zenn Motor Company, e-ride Industries, Dynasty 
Electric Car Corp., Boshart Engineering, Free Drive EV, Inc, Clean-Tech 
LLC, LE Electric Automobiles, LLC, and Electrovaya, Resort Vehicles, 
Inc.), the City of Santa Monica, CA, the University of California, 
Santa Barbara, and the Sustainable Transport Club of Santa Monica, CA. 
All of these groups sent letters supporting Environmental

[[Page 55806]]

Motors' petition, which were attached to the petition.
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    \1\ This petition can be viewed at http://www.regulations.gov, 
docket NHTSA-2008-0019.
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    The petition itself requested that NHTSA establish a Medium Speed 
Vehicle (MSV) standard. According to the petition, the promulgated MSV 
standard should incorporate ``the right mix of safety features,'' 
although it did not specify what it considered a right mix. In doing 
so, the petition requested that NHTSA consider a number of factors. 
These include:
     The fact that MSV legislation has been passed by several 
States.
     Alleged safety benefits of vehicles being able to keep up 
with traffic.
     That a MSV class would assist in the development of 
electric vehicles.
     That most MSVs would be electric, and noting the 
environmental benefits of electric vehicles.
    Additionally, in letters of support, various supporters added 
additional arguments. These included:
     The fact that full-speed electric vehicles are expensive.
     Safety disbenefits incurred by the fact that some 
individuals modify LSVs to increase their speed.
     As an alternative to creating a class of MSVs, NHTSA could 
increase the speed limitation for LSVs.

Mirox Corporation

    Another petition that NHTSA received was from Mirox Corporation 
(Mirox).\2\ Mirox's petition was more detailed than that of 
Environmental Motors, but also suggested that NHTSA create a class of 
MSVs with a maximum top speed of 35 mph.
    Mirox requested that NHTSA define a MSV as a vehicle with: (1) A 
maximum speed of 30-35 mph, a maximum GVWR of 3,000 lbs. for cargo-
carrying vehicles, or 2,500 lbs. for vehicles with passenger-carrying 
capacity only; (3) has three or four wheels; and (4) a limited number 
of equipment and bumper requirements. These requirements are more 
stringent than those required for LSVs, but substantially less than 
those required for other light vehicles such as passenger cars. Most 
prominently, Mirox would exclude MSVs from the requirements of FMVSS 
Nos. 138, 202a, and 208. The petitioner's request is explained in more 
detail below.
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    \2\ This petition can be viewed at http://www.regulations.gov, 
docket NHTSA-2008-0019.
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    Mirox presents a variety of reasons for recommending its MSV 
classification. Some of these are similar to those identified by 
Environmental Motors, but some are unique. The following is a summary 
of the arguments put forth by Mirox:
     MSVs are a viable alternative to motorcycles, including 
enclosed, three-wheeled motorcycles, which are currently subject to a 
very limited array of safety standards. Mirox notes that the rate of 
motorcycle fatalities has been increasing, and argues that the use of 
MSVs could alleviate this. Mirox also argues that MSVs would provide 
better protection from weather and outside conditions than motorcycles, 
and are therefore likely to be used more often. Additionally, Mirox 
states that MSVs would be easier to drive than motorcycles, which would 
also help reduce injuries.
     MSVs are a better alternative to LSVs for use in driving 
in urban environments. Mirox states that due to speed limitations, LSVs 
are unsuited to driving in urban conditions, as they impede traffic 
flow and have limited acceleration potential. Mirox also argues that 
drivers will prefer MSVs as defined by the petitioner, as they will 
offer more protection from outside conditions and be equipped with a 
wider array of safety features than LSVs.
     Mirox expounds on the environmental and economic benefits 
of increased fuel economy for MSVs over passenger cars. It argues that 
because most MSVs will be electric, they will not consume fuel while 
idling, which is common in the urban environments that Mirox believes 
will be the primary environment for MSVs.
     Like Environmental Motors, Mirox points to the adoption of 
MSEV statutes in Montana and Washington, and argues that Federal 
regulations should be changed to sanction vehicles built in accordance 
to those statutes.
     Mirox cites the use of ``quadricycles'' in Europe, and 
argues that similar vehicles should be permitted in the U.S. as well. 
Mirox asserts that European experience, especially in France, has shown 
that the quadricycle class of vehicles is the safest of all vehicle 
classes, and that their drivers had fewer accidents than the average 
driver of a full-sized car.
    In its petition, Mirox recommended a specific, detailed definition 
for MSVs. While similar in nature to that for an LSV, Mirox's 
definition contains more specific safety requirements. We note that, 
while it espoused the benefits of electric power, unlike the Montana or 
Washington statutes, Mirox's recommended definition would include 
gasoline-powered MSVs.
    Specifically, Mirox's recommended definition of medium-speed 
vehicle is:

    A self-propelled, four-wheeled or three-wheeled motor vehicle, 
equipped with a roll cage or crush-proof body design, whose speed 
attainable in one mile is more than thirty miles per hour but not 
more than thirty-five miles per hour on a paved level surface. Each 
Medium-speed vehicle shall at a minimum be equipped with [the] 
following safety equipment that [conforms] to [the] existing FMVSS 
and current applicable SAE standard:
     Headlamps as per FMVSS No. 108
     Front and rear turn signal lamps (SAE I) (49 CFR 
571.108)
     Taillamps (SAE T), (49 CFR 571.108)
     Stop lamps (SAE S), (49 CFR 571.108)
     Reflex reflectors: one red on each side as far to the 
rear as practicable, one amber on each side as far to the front as 
practicable (SAE A)
     Side marker lights, one red on each side as far to the 
rear as practicable, one amber on each side as far to the front as 
practicable (SAE P)
     An exterior mirror mounted on the driver's side of the 
vehicle and either an exterior mirror mounted on the passenger's 
side of the vehicle or an interior mirror (49 CFR 571.111)
     A parking brake (49 CFR 571.135)
     A windshield of AS-1 or AS-5 composition, that conforms 
to the American National Standards Institute's ``Safety Code for 
Safety Glazing Materials for Glazing Motor Vehicles Operating on 
Land Highway,'' Z-26.1-1977, January 28, 1977, as supplemented by 
Z26.1a, July 3, 1980 (49 CFR 571.205)
     A 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 
FMVSS No. 209, installed at each designated seating position, and 
whose mounting complies with FMVSS No. 210
     Bumper system; both front and rear that conforms to 49 
CFR Part 581
     Audible Warning Devices; Horn and Reverse Warning 
Beeper
     If the vehicle is electrically powered it shall conform 
to FMVSS No. 305
     A GVWR of less than 1,361 kilograms (3,000 pounds) if 
the vehicle is designed with substantial cargo-carrying capacity 
(i.e., vehicles intended for carrying goods), or 1,134 kilograms 
(2,500 pounds) if the vehicle is designed solely for transport of 
passengers.
    Additionally, if the Medium-speed vehicle contains any equipment 
that is referenced in any of the following FMVSS[s], such equipment 
or features shall [conform] to all the requirements of the 
applicable FMVSS:
    FMVSS Nos. 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 
113, 116, 118, 124, 135, 139, 201, 202, 203, 204, 205, 206, 207, 
209, 210, 212, 214, 216, 219, 225, 301, 302, 304, 305, and 401.

Porteon Electric Vehicles, Inc

    The last petition received by NHTSA was from Porteon Electric 
Vehicles, Incorporated of Portland, Oregon.\3\ This petitioner plans to 
market an electric car designed from the ground up rather than retrofit 
an imported vehicle by removing the IC engine and replacing it with an 
electric motor. The petitioner is concerned, ``that unregulated growth

[[Page 55807]]

could create safety issues and concerns that negatively impact and 
cause severe damage to a new growth industry that provides real and 
significant solutions to our country and our planet's key issues.'' 
This petitioner envisions a Medium Speed Vehicle class that ``would 
essentially be the same as the LSV regulations with the exception of 
the top speed of 35 miles per hour and additional vehicle requirement 
to increase the safety of margin [sic] for rollover, stopping, 
acceleration, and avoidance maneuvering.'' The petitioner lists these 
additional vehicle requirements as: Ability to maintain 35 mph on a 
level grade, ability to maintain 30 mph up an 8 percent grade, a 
minimum width of 55 inches, a ``coil over shock'' suspension, four-
wheel hydraulic disc or drum brakes, and three-point automotive seat 
belts, in addition to the requirements that already exist for LSVs in 
FMVSS No. 500. The petitioner also states, ``Additional testing of the 
vehicles should also be considered, including crush zones with a 2.5mph 
`no damage' requirement. A full frontal crash should be required to 
meet safety standards between 17-18 mph, which is a derivative of full 
speed automobiles being crash tested at 35 mph.'' The petitioner does 
not state where the no damage crush zones would be on the vehicle, how 
they would be measured, or which safety standards would be tested at 17 
or 18 miles per hour.
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    \3\ This petition can be viewed at http://www.regulations.gov, 
docket NHTSA-2008-0019.
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    Porteon believes the new medium speed vehicle class is necessary 
because LSVs currently travel, with their top speed of 25 mph, on 
streets with speed limits up to 35 mph and normal traffic flow is 
impeded by these vehicles. MSVs, with their top speed of 35 mph, 
``would create a more cohesive traffic environment for mixed use 
vehicles.''

III. Low Speed Vehicles

    In 1998, NHTSA established Federal Motor Vehicle Safety Standard 
(FMVSS) No. 500, ``Low speed vehicles,'' in response to growing 
interest in using golf cars and other similar-sized, 4-wheeled 
vehicles, including Neighborhood Electric Vehicles (NEVs), to make 
short trips for shopping, social, and recreational purposes primarily 
within retirement or other planned communities with golf courses. See 
63 FR 33194. The definition of LSV established in that rulemaking was, 
``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 miles per 
hour) and not more than 40 kilometers per hour (25 miles per hour) on a 
paved level surface.
    In 2005, NHTSA published a final rule amending the definition of 
LSVs by removing the restriction on trucks, and instead establishing a 
2,500 pound maximum GVWR. See 70 FR 48313. This allowed small vehicles 
designed for work-related applications within the intended communities, 
such as landscaping or delivery purposes, to be included within the 
definition of an LSV, without opening the category to unintended 
vehicles, such as street-sweepers or speed-modified passenger cars. 
Additionally, in 2006, in response to petitions for reconsideration 
from Dynasty Electric Car Corporation and Global Electric Motorcars 
(GEM), both manufacturers of electric LSVs, NHTSA increased the maximum 
GVWR for LSVs to 3,000 pounds. This was done, in part, to ``level the 
playing field'' between electric and gasoline-powered LSVs, by allowing 
for the additional weight in batteries required by electric vehicles. 
See 71 FR 20026.
    In conceiving the concept of the LSV as a small vehicle that would 
not be subject to the same stringent safety criteria as other vehicles, 
a critical concept was that it would not ordinarily mix with other 
traffic. In our 1998 rule establishing the category of LSVs, NHTSA 
explained in the summary that the rule:

    [R]esponds to a growing public interest in using golf cars and 
other similar-sized, 4-wheeled vehicles to make short trips for 
shopping, social and recreational purposes primarily within 
retirement or other planned communities with golf courses. [emphasis 
added]

    NHTSA's detailed analysis, as explained in the preamble of the 1998 
final rule, recognized the importance of the fact that under most 
conditions, LSVs would not intermingle with regular automobile traffic, 
and the occasions where they would mix would be in controlled, low-
speed environments. NHTSA stated that

NHTSA has carefully reviewed their argument about the effects of 
this rulemaking. LSV safety, and thus the need for FMVSSs for LSVs, 
will be determined by the combination of three factors: vehicle 
design and performance; operator training and ability; and the 
operating environment. The agency believes that Standard No. 500, in 
combination with a limited operating environment and appropriate 
operator training and ability, will appropriately address the safety 
needs of LSV users.\4\
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    \4\ 63 FR 33208.

Additionally, in the 1998 final rule, NHTSA analyzed the Fatal Analysis 
Reporting System (FARS) data regarding fatalities involving golf cars. 
It was found that of the nine reported fatalities, eight of them 
involved a collision with a car or truck. This further underscored the 
importance of driving environment.
    In the 1998 final rule, the agency studied the use of NEVs in 
various municipalities that permitted them to travel on public roads. 
In that notice, we stated that ``the driving environment [of LSVs] 
should be appropriate to the vehicle and its characteristics. Limiting 
LSV use to low-speed city and suburban streets is necessary, but does 
not eliminate the safety risks.'' \5\ NHTSA analyzed the State laws 
governing the on-road permissibility of NEVs in various States. Of the 
12 States discussed, only one State (Arizona) permitted NEVs to travel 
on any road with a speed of 35 mph or less. The other 11 States 
(California, Nevada, New Mexico, Colorado, Wyoming, Illinois, 
Minnesota, Iowa, Florida, Georgia, and Texas) restricted NEVs to roads 
specifically designated by State and local governments.\6\
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    \5\ 63 FR 33208.
    \6\ See 63 FR 33207.
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    One portion of the analysis discussed possible reasons for the 
disparity of fatalities between Sun City \7\ (which had four NEV 
fatalities) and the City of Palm Desert (which had zero). We noted 
that:
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    \7\ We note that Sun City is located in Arizona, the only State 
that allowed NEVs to travel on any street with a speed limit of 35 
mph or less.

    The City of Palm Desert has a more controlled environment than 
Sun City for golf car use. The City of Palm Desert permits on-road 
use of golf cars in the same lanes as passenger cars and other 
larger motor vehicles in speed zones posted for speeds up to 25 
miles per hour. In speed zones posted for speeds over 25 miles per 
hour, golf cars may be operated on-road only if there is a lane 
designated for their use and if the golf car is, in fact, operated 
within that lane. By contrast, NHTSA understands that Sun City, 
under state law, allows golf cars to operate in the same lanes as 
larger traffic on any road with a maximum speed of 35 miles per 
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hour.

Based in part on this analysis, as well as our other observations, we 
concluded that operating environment played an important role in 
determining the benefits of establishing the LSV classification, as 
well as determining what safety standards should apply to that class. 
While NHTSA does not regulate the driving environment (such decisions 
are at the discretion of State governments), it did recommend that LSVs 
be licensed only for use in environments with very limited traffic. 
Specifically, we stated:

    NHTSA recognizes that not all operating environments may be as 
controlled as that of the City of Palm Desert. The agency encourages 
other states and municipalities to study the features of the City of 
Palm Desert's

[[Page 55808]]

plan, and to adopt those features to the extent practicable.\8\
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    \8\ 63 FR 33208.

In later rulemakings, NHTSA made several adjustments to the definition 
of LSVs. First and foremost, the agency dropped its original 
restriction on ``truck-like'' vehicles, and replaced it with a maximum 
gross vehicle weight rating for LSVs.\9\ This weight limit was 
originally 2,500 lbs., but was later increased to 3,000 lbs.\10\
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    \9\ 70 FR 48313, August 17, 2005.
    \10\ 71 FR 20026, April 19, 2006.
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IV. State Legislation on MSEVs and Relevant Federal Requirements

    In the past year, two States have enacted legislation that purports 
to allow medium speed electric vehicles (MSEVs) to operate on certain 
public roads. Montana was the first State to pass such a law, on April 
23, 2007. This was followed shortly thereafter by Washington State, 
which passed on May 15, 2007. These are the only two States that NHTSA 
is aware of that have passed any sort of MSV legislation.
    The Montana and Washington statutes define MSEVs as electric-
powered vehicles with a maximum speed of 35 mph that meet certain 
limited safety requirements similar to those established by NHTSA for 
LSVs.\11\ The Montana law permits MSEVs to travel on public roads with 
a posted speed of up to 45 mph,\12\ while the Washington law restricts 
them to roads with a posted speed of 35 mph or less.
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    \11\ The specific definitions are at Mont. Code Ann. 61-1-101 
and West's RCWA 46.04.295.
    \12\ Mont. Code Ann. 61-8-377.
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    NHTSA has considered the legislative history and other information 
relating to the aforementioned State laws. Both States were interested 
in expanding the use of electric vehicles in order to reduce fuel 
consumption, and economic and environmental benefits associated with 
that end. Additionally, there was a stated belief that a speed of 35 
mph is needed for safety, as they would be able to keep up with traffic 
better. The following excerpt from the Washington State Senate report 
illustrates the considerations at issue:

    Staff Summary of Public Testimony: PRO: These electric vehicles 
are environmentally friendly and provide significant energy savings. 
They are not golf carts; they are cars designed for running errands 
in town. The current speed of 25 mph is too slow and puts people at 
risk. Increasing the allowed speed to 35 mph will improve 
safety.\13\
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    \13\ Washington State Senate Bill Report, HB 1820, March 21, 
2007.

    Under Federal law, vehicles with a speed capability above 25 mph 
that would be considered MSEVs under these State laws are classified as 
passenger cars, multipurpose passenger vehicles, or trucks. These 
vehicles are subject to the full range of FMVSSs that apply to these 
vehicles. The responsibilities of manufacturers and dealers to comply 
with Federal law, including not manufacturing or selling vehicles 
unless they comply with all applicable FMVSSs, are not limited by State 
laws on MSEVs.

V. Agency Response to Petitions

    After carefully considering the petitions from Environmental 
Motors, Proteon and Mirox, we are denying them. First and foremost 
among this agency's considerations are safety concerns. The concept of 
establishing such a class of motor vehicles with limited safety 
features that would be likely to intermingle with larger, higher-speed 
vehicles in urban environments would result in significantly greater 
risk of deaths and serious injuries. The petitioners did not provide 
analysis demonstrating why any of the Federal motor vehicle safety 
standards are not needed for MSVs, given the traffic environment in 
which these vehicles would be likely to travel.

A. The Rationale for Applying a Limited Set of Safety Standards to LSVs 
Is Not Relevant to MSVs

    As noted earlier, the petitioners appear to view MSVs as a variant 
of LSVs, i.e., a special class of small motor vehicles that would not 
be required to meet the full complement of the Federal motor vehicle 
safety standards. However, the rationale for applying a limited set of 
safety standards to LSVs is not relevant to MSVs.
    NHTSA issues different safety standards for different types of 
motor vehicles. The agency established the special category of motor 
vehicles called LSVs to accommodate the use of small golf cars and 
other vehicles primarily intended for use in controlled, low-speed 
communities, such as retirement communities. In order to qualify as an 
LSV under the agency's definition, a vehicle must, among other things, 
have a speed capability no higher than 25 mph. LSVs are subject to a 
limited set of safety measures in FMVSS No. 500, including requirements 
related to the installation of lamps, mirrors, seat belts and a 
windshield. However, LSV's are not subject to most of the standards to 
which other light vehicles such as passenger cars are required to 
comply, including the rigorous crashworthiness standards.
    One of the principal concerns raised by the petitioners is that the 
25 mph speed limitation that applies to LSVs prevents these vehicles 
from keeping up with traffic in urban areas. They argued that because 
LSVs are not permitted to have a speed capability greater than 25 mph, 
they cannot safely keep up with traffic in urban areas, and a need 
therefore exists for vehicles with a higher speed (35 mph) capability.
    However, the 25 mph limitation reflects the fact that NHTSA 
designed the set of safety standards that apply to LSVs for vehicles 
intended to be used in controlled, low speed environments. Vehicles 
with a speed capability above 25 mph are more likely to be driven 
outside controlled, low speed environments, and the limited LSV safety 
requirements are not appropriate for such vehicles.
    When promulgating the original LSV rule, as stated above, at the 
time one of the most important factors was that LSVs were conceived as 
vehicles that would be used in controlled, low-speed environments, 
primary in retirement communities and those centered around golf 
courses. NHTSA surveyed the applicable State laws governing the on-road 
use of LSVs, and found that only one out of twelve States with LSV-use 
laws permitted them to travel on any public road with a speed limit of 
35 mph or less. The other remaining States limited their use to 
specially-designated roads.\14\ While NHTSA does not have the authority 
to prescribe the roads for which different types of vehicles are 
permitted, the agency suggested limiting LSVs to controlled 
environments. The following passage from the 1998 final rule properly 
summarizes NHTSA's position on this point:
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    \14\ 63 FR 33207.

    Still another reason [for the significant disparity in the 
number of deaths involving NEVs] may lie in the different operating 
environments in the two communities. The City of Palm Desert has a 
more controlled environment than Sun City for golf car use. The City 
of Palm Desert permits on-road use of golf cars in the same lanes as 
passenger cars and other larger motor vehicles in speed zones posted 
for speeds up to 25 miles per hour. In speed zones posted for speeds 
over 25 miles per hour, golf cars may be operated on-road only if 
there is a lane designated for their use and if the golf car is, in 
fact, operated within that lane. By contrast, NHTSA understands that 
Sun City, under state law, allows golf cars to operate in the same 
lanes as larger traffic on any road with a maximum speed of 35 miles 
per hour.
    NHTSA recognizes that not all operating environments may be as 
controlled as that of the City of Palm Desert. The agency encourages 
other states and municipalities to study the features of the City of 
Palm Desert's plan, and to adopt those features to the extent 
practicable.\15\
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    \15\ 63 FR 33208.


[[Page 55809]]


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    We recognize that since that time many States have passed laws 
permitting LSVs on a much wider variety of roads than originally 
contemplated. Today, many States permit LSVs on all public roads with 
posted speed limits of 35 mph or less. Some States even permit them on 
roads with speed limits of 45 mph.
    As we have noted before, however, we continue to believe that LSV 
use on roads outside confined, controlled areas will be limited by the 
fact that occupants will not want to travel at less than 25 mph in 
mixed-vehicle traffic for other than very short trips, regardless of 
how States may or may not restrict their use. See 68 FR 68319, December 
3, 2003.
    We agree with the petitioners that the increased speed capability 
and other features in the requested MSV category would facilitate and 
encourage drivers to use MSVs in general driving environments. This, 
however, means that the rationale for applying a limited set of safety 
standards to LSVs is not relevant to MSVs. Instead, and as discussed 
further below, this is an argument for why these vehicles should be 
required to comply with the same safety standards as other light 
vehicles used in general driving environments, such as passenger cars.

B. The Traffic Environment in Which MSVs Would Likely Travel Is an 
Environment for Which the Full Set of the Federal Motor Vehicle Safety 
Standards Is Needed To Prevent Fatalities and Serious Injuries

    The petitioners appear to assume that the full set of safety 
standards applicable to other light vehicles such as passenger cars 
would not be appropriate for MSVs, i.e., small vehicles with a speed 
capability of 35 mph. However, the traffic environment in which these 
vehicles would likely travel, including, e.g., urban roads with speed 
limits of 35 mph or 45 mph, is an environment for which the full set of 
the Federal motor vehicle safety standards is needed to prevent 
fatalities and serious injuries. We note that the energy involved in 
vehicle-to-vehicle collisions increases proportional to the square of 
the velocity of travel, and the result of a vehicle collision at 35 mph 
is twice as severe as the same collision at 25 mph.
    MSVs would be traveling in mixed traffic at speeds in which crashes 
posed a risk of serious injury or fatality and in which safety features 
such as frontal and side air bags significantly reduced that risk. 
Also, a number of the crash test requirements included in our safety 
standards simulate crashes in this higher speed environment. We note 
that the petitioners did not provide analysis demonstrating why any of 
the Federal motor vehicle safety standards are not needed for MSVs.
    As part of considering this issue, we have looked at crash 
information on public roads with speed limits of 35 to 45 mph. For this 
traffic environment, the need for the safety features required in FMVSS 
No. 208, air bags, are far more important than for lower speed crashes, 
as frontal crashes become a more prominent part of the overall crash 
picture.
    The total number of occupants killed annually in crashes is 37,314 
(2002-2006 average, Fatality Analysis Reporting System). Of these 
occupant fatalities, 6,319 were killed on roads with posted speed 
limits of 35 mph or less, and 13,493 are killed in crashes on roads 
with posted speed limits of 45 mph or less. The total number of 
occupants suffering incapacitating injury annually is 13,492. Of these, 
1,798 were injured in crashes on roads with posted speed limits of 35 
mph or less, and 4,261 occupants were injured in crashes on roads with 
posted speed limits of 45 mph or less. It is important to note that 
those numbers reflect vehicles that were certified to comply with the 
Federal motor vehicle safety standards.
    We estimate that in 2005, on roads posted at 35 mph or lower, 1,921 
crash victims lived because the vehicles were compliant with all 
FMVSSs, including 278 saved by air bags. In crashes on roads posted at 
45 mph or lower, 3,163 lives were saved because the vehicles involved 
were compliant with all FMVSSs. Of those, 414 were saved by air 
bags.\16\
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    \16\ Using the methodology of ``Lives Saved by the Federal Motor 
Vehicle Safety Standards and Other Vehicle Technologies, 1960-2002'' 
DOT HS 809-833.
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    Given these statistics, we believe the full set of Federal motor 
vehicle safety standards is needed for vehicles traveling in the 
traffic environment in which MSVs would likely travel, including, e.g., 
urban roads with speed limits of 35 mph or 45 mph.
    Finally, as noted above, a number of the crash test requirements 
included in our safety standards simulate crashes in this environment. 
For example, our highest speed crash test in FMVSS No. 208 (vehicle 
compliance is currently phasing in) simulates a 35 mph frontal crash 
between the tested vehicle and a vehicle like itself. Our crash test in 
FMVSS No. 214 that helps ensure thoracic protection simulates a crash 
in which the tested vehicle traveling at 15 mph is struck in the side 
by a light vehicle traveling at 30 mph.

C. It Is Neither Necessary nor Appropriate To Significantly Increase 
the Risk of Deaths and Serious Injuries To Save Fuel

    The petitioners and the supporters which wrote in favor of the 
Environmental Motors petition emphasized the potential to conserve 
fuel, thereby saving money at a time of high fuel prices as well as 
reducing emissions that can harm the environment. In the two States 
that passed MSEV statutes, the legislative history also shows that this 
legislation was conceived due to concerns about saving fuel.
    NHTSA also considers fuel conservation an important goal. However, 
we believe that it is neither necessary nor appropriate to 
significantly increase the risk of deaths and serious injuries to save 
fuel.
    Fuel conservation can be accomplished by means that are not 
inconsistent with the need for safety. Significant innovation is 
currently underway in fuel economy, gas-electric hybrid engine 
technology, and continued development of fully electric vehicles, such 
as the Chevrolet Volt, noted in the Mirox petition. NHTSA recently 
published a proposal to substantially increase fuel economy (CAFE) 
standards for passenger cars and light trucks. These standards affect 
nearly all light vehicles, and will have a tremendous impact on fuel 
savings. Furthermore, these vehicles are being designed to meet the 
full FMVSS requirements for passenger cars or other applicable vehicle 
class.

D. Other Issues

    The petitioners raised a number of additional issues, which we 
discuss in this section.
Quadricycles
    The Mirox petition compared the requested MSV classification to a 
type of vehicle used in Europe known as a ``quadricycle.'' The Economic 
Commission for Europe (ECE) defines a quadricycle in two vehicle 
categories, L6 ``light quadricycle'' and L7 
``quadricycle'': \17\
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    \17\ TRANS/WP.29/78/Rev.1/Amend. 4, 26 April 2005.

    Category L6: A vehicle with four wheels whose unladen 
mass in not more than 350 kg, not including the mass of the 
batteries in the case of electric vehicles, whose maximum design 
speed is not more than 45 km/h, and whose engine cylinder capacity 
does not exceed 50 cm\3\ for spark (positive) ignition engines, or 
whose maximum net power output does not exceed 4 kW in the case of 
other internal combustion engines, or whose

[[Page 55810]]

maximum continuous rated power does not exceed 4 kW in the case of 
electric engines.
    Category L7: A vehicle with four wheels, other than 
that classified for the category L6, whose unladen mass 
is not more than 400 kg (550 kg for vehicles intended for carrying 
goods), not including the mass of batteries in the case of electric 
vehicles and whose maximum continuous rated power does not exceed 15 
kW.

    Mirox claimed that quadricycles are an extremely safe method of 
transportation that is used extensively in Europe. The chief benefits 
of quadricycles is that they are easy to use (unlike motorcycles), easy 
to park, and consume far less fuel than even the smallest European 
passenger cars. Mirox requested that MSVs be defined in such a way that 
at least some European quadricycles can be legally imported as MSVs.
    While the petitioner claimed that quadricycles are extremely safe, 
Mirox did not provide any data to support this claim or to show that 
introduction of these vehicles into the U.S. would be consistent with 
the need for safety. We note that we have earlier denied the petition 
of GG Quad North American to change the definition of ``motorcycle'' to 
allow quadricycles to be sold in the U.S. as motorcycles (71 FR 67843, 
November 24, 2006).
Aftermarket Speed Modifications of LSVs
    A letter written in support of the Environmental Motors petition by 
Electrovaya suggested that ``The new [MSV] regulations would give 
people a better option than illegally changing an LSV to go faster.'' 
We agree with Electrovaya that modifying an LSV to increase the speed 
is highly undesirable. However, we do not believe that adopting a 
regulation to accommodate this practice is a prudent response to the 
issue. Furthermore, we would point out that manufacturers, dealers, 
sellers, and motor vehicle repair businesses that modify the speed of 
an LSV are in violation of the ``make inoperative'' provision.
    This statutory provision, 49 U.S.C. 30122, Making safety devices 
and elements inoperative, reads in part:

    A manufacturer, distributor, dealer, or motor vehicle repair 
business may not knowingly make inoperative any part of a device or 
element of design installed on or in a motor vehicle or motor 
vehicle equipment in compliance with an applicable motor vehicle 
safety standard prescribed under this chapter unless the 
manufacturer, distributor, dealer, or repair business reasonably 
believes the vehicle or equipment will not be used (except for 
testing or a similar purpose during maintenance or repair) when the 
device or element is inoperative.

    If one of the above-mentioned entities increased the speed of an 
LSV to 25 mph or greater, that LSV would no longer comply with 
paragraph S5.3 of FMVSS No. 500, which specifies that the vehicle's top 
speed must be less than 25 mph. Therefore, the modifying entity would 
be subject to civil penalties as specified in 49 U.S.C. 30165.
Burgeoning Electric Vehicle Market
    Porteon states in its petition, ``Regardless of our [the electric 
cars' industry] success or failure, the U.S. will soon see an influx in 
electric vehicles as fuel prices, urbanization, and climate change 
effect [sic] transportation and state regulation. It is estimated that 
over 20 manufacturers are in operation or commencing production along 
with a new influx of imports anticipated from China and Malaysia. Our 
concern is that unregulated growth could create safety issues and 
concerns that negatively impact and cause severe damage to a new growth 
industry that provides real and significant solution to our country and 
our planet's key issues.'' NHTSA would like to point out that the 
electric vehicle market is not unregulated. Any vehicle not certified 
as an LSV, or that travels at speeds greater than 25 miles per hour, 
must meet all the FMVSSs in place for the appropriate vehicle type 
(passenger car, truck, bus, or MPV). The petitioner can rest assured 
that growth of the electric vehicle market will not occur without the 
vehicles meeting the existing regulatory safety requirements enforced 
by NHTSA. The only difference between electric vehicles and those 
predominately in use today is their propulsion system. An electric 
propulsion system will not exempt these vehicles from the requirement 
to meet all the Federal standards for motor vehicles.

VI. Conclusion

    For the reasons discussed above, NHTSA denies the petitions for 
rulemaking submitted by Environmental Motors, Proteon Electric Vehicles 
and Mirox Corporation.

    Issued on: September 19, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8-22737 Filed 9-25-08; 8:45 am]

BILLING CODE 4910-59-P
