01-31-2002

02NR06 – FOLLOW-UP – FIGHT NHTSA’S BID FOR CLOTHING CONTROL!

FOLLOW-UP – FIGHT NHTSA’S BID FOR CLOTHING CONTROL!

We have received numerous inquiries regarding difficulties accessing the language regarding NHTSA’s bid for clothing control in the TREAD Act (see Alert #02NR04). Actually, we have been having trouble accessing it ourselves. Sometimes the page opens, and sometimes it doesn’t. It’s not a problem with the instructions (since they work sometimes), but seems to be a problem with amount of traffic on the GPO website.

In light of this difficulty, we decided that it would be best to circulate the language in question. The following is the pertinent excerpt from NHTSA’s proposed rule:

from the FEDERAL REGISTER 2001 [[Page 66193]]
BEGIN QUOTE XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
III. Manufacturers That Would Be Covered by the New Reporting Requirements

A. Manufacturers of Motor Vehicles

The TREAD Act provides for the agency to require manufacturers of motor vehicles 1 to submit information that may assist in the identification of safety-related defects. We must decide which manufacturers of motor vehicles would be required to submit reports under this rule, and whether different reporting requirements should apply to various categories of manufacturers. Section 30166(m)(3) does not exempt any manufacturer of motor vehicles from its coverage. On the other hand, it provides substantial discretion to the agency. The word ``may'' is used at several points in the statute. In addition, the agency's ability to use the information submitted is a statutory concern.------------------

2. Replacement Equipment, Including Tires
Replacement equipment comprises an even broader universe of parts than OE. Under both current 49 CFR 579.4(b) and proposed 579.4(c), it includes all motor vehicle equipment other than OE. Not only does the term have the literal meaning of equipment that is intended to replace OE, it also includes accessory equipment and ``off-vehicle equipment'' that is not part of a motor vehicle, such as RETROREFLECTIVE MOTORCYCLE RIDER APPAREL and child restraints. Manufacturers of replacement equipment are within the scope of the early warning reporting provisions of the statute.
END QUOTE XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

As we stated previously, according to NHTSA, comments must be submitted by February 4, 2002 by U.S. Mail only (not fax or e-mail).
Write to:
Docket Management, Room PL-401
400 Seventh Street S.W.
Washington DC 20590.

In all correspondence to NHTSA and Congress, refer to this NPRM as follows:
Docket NHTSA 2001-8677, Notice 2.

Unless you act now, NHTSA will take another step toward controlling what you wear when you ride. Moreover, the agency will put countless small business makers of rider apparel under the hammer of a law intended by Congress to reduce tire and vehicle defects, not control clothing.
Washington, DC … It appears that the National Highway Traffic Safety Administration (NHTSA) is sneaking a step closer to federal clothing control for motorcycle riders. If you think government has no business telling you what to wear, YOU HAVE ONLY A FEW DAYS TO ACT!

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All information contained in this release is copyrighted. Reproduction permitted with attribution. The Motorcycle Riders Foundation, incorporated in 1987, is an independent, membership-based national motorcyclists' rights organization headquartered in Washington D.C. which operates in co-partnership with State Motorcyclists' Rights Organizations nationwide. The MRF is involved in federal and state legislation and regulation, motorcycling safety education, training, licensing and public awareness. The MRF provides individual and SMRO member-volunteers with guidance, support and information to protect motorcyclists' rights and advance motorcycling and its associated lifestyle. The MRF sponsors annual regional and national educational seminars for motorcyclists' rights activists and publishes a bi-monthly newsletter, THE MRF REPORTS.

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