33194 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations

DEPARTMENT OF TRANSPORTATION Under current NHTSA interpretations DATES: The final rule is effective June and regulations, so long as golf cars and 17, 1998. Petitions for reconsideration National Highway Traffic Safety other similar vehicles are incapable of must be filed not later than August 3, Administration exceeding 20 miles per hour, they are 1998. subject to only state and local Incorporation by reference of the 49 CFR Part 571 requirements regarding safety materials listed in this document is [Docket No. NHTSA 98±3949] equipment. However, if these vehicles approved by the Director of the Federal are originally manufactured so that they Register and is effective upon RIN 2127±AG58 can go faster than 20 miles per hour, publication in the Federal Register. Federal Motor Vehicle Safety they are treated as motor vehicles under ADDRESSES: Petitions for reconsideration Standards Federal law. Similarly, if golf cars are should refer to the Docket number and modified after original manufacture so be submitted to Docket Management, AGENCY: National Highway Traffic that they can achieve 20 or more miles PL–401, 400 7th Street, SW, Safety Administration (NHTSA), DOT. per hour, they too are treated as motor Washington, DC 20590. ACTION: Final rule. vehicles. Further, as motor vehicles, FOR FURTHER INFORMATION CONTACT: they are currently classified as For technical issues: Stephen R. SUMMARY: This final rule responds to a passenger cars and must comply with Kratzke, Office of Crash Avoidance growing public interest in using golf the Federal motor vehicle safety Standards, NHTSA, Room 5307, 400 7th cars 1 and other similar-sized, 4-wheeled standards for that vehicle type. This Street, SW, Washington, DC 20590 vehicles to make short trips for creates a conflict with the state and shopping, social and recreational (telephone 202–366–4931; fax 202–366– local laws because compliance with the purposes primarily within retirement or 4329). full range of those standards is not For legal issues: Taylor Vinson, Office other planned communities with golf feasible for these small vehicles. of Chief Counsel, NHTSA, Room 5219, courses. These passenger-carrying 400 7th Street, SW, Washington, DC vehicles, although low-speed, offer a To resolve this conflict, and to permit 20590 (telephone 202–366–5263; fax variety of advantages, including the manufacture and sale of small, 4- 202–366–3820). comparatively low-cost and energy- wheeled motor vehicles with top speeds efficient mobility. Further, many of of 20 to 25 miles per hour, this final rule SUPPLEMENTARY INFORMATION: reclassifies these small passenger- these vehicles are electric-powered. The Table of Contents use of these vehicles, instead of larger, carrying vehicles. Instead of being classified as passenger cars, they are I. Glossary gasoline-powered vehicles like II. Executive Summary passenger cars, provides quieter now being classified as ‘‘low-speed A. The Final Rule transportation that does not pollute the vehicles.’’ Since conventional golf cars, B. Comparison of Notice of Proposed air of the communities in which they as presently manufactured, have a top Rulemaking and Final Rule are operated. speed of less than 20 miles per hour, III. Background Currently, there is a growing conflict they are not included in that A. Introduction; Sub-25 MPH Vehicles and between state and local laws, on the one classification. the Traditional Interpretation of ‘‘Motor hand, and Federal law, on the other, in As low-speed vehicles, these 20 to 25 Vehicles’’ mile-per-hour vehicles are subject to a B. 1996 Request for Regulatory Relief the treatment of these small vehicles. C. Pre-Rulemaking Study and 1996 Public That conflict unnecessarily restricts the new Federal Motor Vehicle Safety Meetings ability of vehicle manufacturers to Standard No. 500 (49 CFR 571.500) D. Regulatory Options Considered produce and sell, and the ability of established by this final rule. The E. 1997 Notice of Proposed Rulemaking consumers to purchase, these vehicles. agency notes that the growing on-road F. Summary of Comments on Notice of In recent years, a growing number of use of golf cars has already resulted in Proposed Rulemaking states from California to Florida have some deaths and serious injuries, and 1. State and Local Officials; Utilities passed legislation authorizing their local believes that the new standard is needed 2. Manufacturers and Dealers of Golf Cars to address the effects in crashes of the and Neighborhood Electric Vehicles jurisdictions to permit general on-road 3. Advocacy Organizations use of ‘‘golf carts,’’ subject to speed and/ higher speed of low-speed vehicles. The 4. Other Commenters or operational limitations. A majority of standard requires low-speed vehicles to G. Post-Comment Period Comments and those states condition such broad use be equipped with headlamps, stop Information upon the vehicles’ having specified lamps, turn signal lamps, taillamps, 1. Manufacturers and Dealers of Golf Cars; safety equipment. Further, some of these reflex reflectors, parking brakes, Members of Congress states have opened the way for the use rearview mirrors, windshields, seat 2. Other Sources of vehicles that are faster than almost all belts, and vehicle identification IV. Final Rule and Resolution of Key Issues golf cars. Most conventional golf cars, as numbers. The agency believes that these A. Summary originally manufactured, have a top requirements appropriately address the B. Authority and Safety Need for this Final Rule speed of less than 15 miles per hour. safety of low-speed vehicle occupants 1. Low-Speed Vehicles are Motor Vehicles These states have either redefined ‘‘golf and other roadway users, given the sub- a. Speed-modified Golf Cars Are Motor carts’’ to include vehicles designed to 25 mph speed capability of these Vehicles achieve up to 25 miles per hour or have vehicles and the controlled b. Neighborhood Electric Vehicles Are established a new class of vehicles, environments in which they operate. Motor Vehicles ‘‘neighborhood electric vehicles,’’ also This rulemaking proceeding was 2. The Agency Has Authority to Regulate defined as capable of achieving 25 miles initiated in response to a request by Anticipated as well as Current Safety per hour. Bombardier, Inc., that the agency make Problems 3. Issuance of this Rule Appropriately regulatory changes to permit the Addresses an Anticipated Safety 1 While many members of the general public use introduction of a new class of 4- the term ‘‘golf cart,’’ the manufacturers of those Problem vehicles use the term ‘‘golf car.’’ This final rule uses wheeled, passenger-carrying vehicle a. Crash Data Show a Limited Safety ‘‘golf car,’’ except in those instances in which the that is small, relatively slow-moving, Problem Involving the On-road Use of other term is used in a quotation. and low-cost. Fleet and Personal Golf Cars Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33195

b. The States Have Adopted Laws increase its speed. While some speed- planned communities grow. These Requiring Safety Equipment on Fleet and modified golf cars have a top speed of communities are particularly numerous Personal Golf Cars Used on Public Roads 20 to 25 miles per hour, others have a in the southern tier or Sunbelt states c. There is a Similar, But Greater higher top speed. That modification such as California, Arizona, and Anticipated Safety Problem Involving 2 Low-Speed Vehicles may currently be accompanied by the Florida. Many residents within these d. This Rule Requires Safety Equipment on addition of safety equipment required communities do not need or want a Low Speed Vehicles Consistent with for the on-road use of the golf car. conventional motor vehicle like a Their Characteristics and Operating ‘‘Neighborhood electric vehicle’’ passenger car to make short trips to visit Environment means any 4-wheeled electric vehicle friends, to run errands, or, if they are 4. The Agency Has Appropriately whose top speed is not greater than 25 golfers, to go to the golf course. They Considered the Experience of Foreign miles per hour. Some of these vehicles prefer to use a smaller, 4-wheeled Small Vehicles look more like a passenger car than a vehicle with limited-speed capability, C. Safety Engineering Issues such as a golf car, that is less costly and, 1. Speed Range of Motor Vehicles Subject conventional golf car. to this Standard ‘‘Low-speed vehicle’’ means any 4- if electric, emission free. a. Minimum Threshold of 20 Miles per wheeled motor vehicle whose top speed For years, a common practice among Hour is greater than 20 miles per hour, but those relatively few states then b. Upper Limit of 25 Miles per Hour not greater than 25 miles per hour. This permitting on-road use of golf cars was 2. Seat Belts group includes neighborhood electric to allow such use only within a 3. Windshields vehicles, and speed-modified golf cars, specified distance (generally ranging 4. VINs, Horn, and Warning Label whose top speed is greater than 20 miles from 1⁄2 mile to 2 miles) from a golf 5. Other Areas of Safety Performance; per hour, but not greater than 25 miles course. ‘‘Golf carts’’ were defined by Future Considerations per hour. several of the states as having a top D. Compliance with Other Statutory speed of 15 miles per hour or less. Requirements Relating to Safety and II. Executive Summary With Federal Statutes Regulating Non- In recent years, however, a growing Safety Aspects of Motor Vehicles A. The Final Rule number of states from California to Florida have passed legislation 1. Other Statutory Requirements Relating Since 1966, NHTSA has been directed to Safety eliminating or establishing exceptions to 2. Federal Statutes Regulating Non-Safety by the National Traffic and Motor the requirement that the on-road use of Aspects of Motor Vehicles Vehicle Safety Act (‘‘Vehicle Safety golf cars be in the vicinity of a golf a. Theft Act’’) (now codified as 49 U.S.C. course and authorizing their local b. Content Labeling Chapter 301) to issue Federal motor jurisdictions to permit general on-road c. Corporate Average Fuel Economy vehicle safety standards (FMVSSs) for use of ‘‘golf carts,’’ subject to speed and/ d. Bumper Standards motor vehicles and to ensure that those or operational limitations.3 Nine of the V. Effective Date standards are appropriate for each class 12 states now authorizing general on- VI. Rulemaking Analyses and Notices of motor vehicle to which they apply. 49 Regulatory Text road use condition such broader use U.S.C. 30111(a) and (b)(3). As the upon the golf cars’ meeting I. Glossary vehicles within a class evolve in design requirements for safety equipment. In Since some of the groups of vehicles or use or as the size of a class changes all, 16 states 4 now have laws discussed in this final rule may be substantially relative to the sizes of authorizing their local governments to unfamiliar to many readers, the agency other classes, the standards applicable has listed and defined them below. In to that class typically must evolve to 2 Some of the better known and most frequently- addition, it has shown their relationship keep pace with changing safety needs reported on examples of golf car communities are and priorities. For example, the the City of Palm Desert, California, Sun City and to each other in the graph following the Sun City West, Arizona, Peachtree City, Georgia list. substantial increase in the number of (golf car operation there is restricted to dedicated ‘‘Sub-25 mph vehicle’’ means any 4- passenger vans and other types of light paths), and Sun City Center and The Villages of wheeled vehicle whose top speed is not trucks and multipurpose passenger Lady Lake, Florida. vehicles (and the increase in the 3 State laws regarding the on-road use of golf cars greater than 25 miles per hour. This appear to have gradually evolved in the last 15–20 group includes all of the vehicles in the personal use of these vehicles) in the years, particularly in the last 5 years, so as to other groups below, except those speed- 1980’s led the agency to extend the expand the extent to which golf cars can be used modified golf cars whose top speed is requirements for passenger cars to those on public roads. Several distinct stages of evolution classes of vehicles. More recently, the are discernible: greater than 25 miles per hour. • increasing size and prevalence of sport permitting golf car operators to cross public ‘‘Conventional golf car’’ means either roads cutting through golf course; a fleet golf car or a personal golf car. utility vehicles has led the agency to • permitting golf cars to be used on roads in (A) ‘‘Fleet golf car’’ means a golf car examine the compatibility of those vicinity of golf course to make trips to and from golf used solely to carry one or more people vehicles and smaller vehicles and course within golf community; and golf equipment to play golf. These review the standards applicable to those • permitting golf car use on roads designated by are sold to golf courses. vehicles. Similarly, the appearance of local governments; and • permitting use of NEVs and golf cars with top (B) ‘‘Personal golf car’’ means a golf new vehicles, such as electric vehicles speed of up to 25 miles per hour. car used to carry one or more people and compressed natural gas vehicles, Some states have progressed through several and may carry golf equipment to play has made it necessary for the agency to stages in sequence, while others have apparently golf. These are sold to individual people issue new requirements tailored to the skipped the first several stages and begun with one who may use them to travel on public particular anticipated safety issues of the latter stages. 4 Twelve states have a law permitting all-purpose roads to and from golf courses and to associated with those vehicles. trips with potentially broad areas: Arizona, play golf, to travel on public roads on This rulemaking involves another California, Colorado, Florida, Georgia, Illinois purposes unrelated to golf, or for all of instance in which the agency is called (awaiting governor’s signature), Iowa, Minnesota, these purposes. upon to adjust its standards to reflect Nevada, New Mexico, Texas, and Wyoming. One state has a law permitting all-purpose trips within ‘‘Speed-modified golf car’’ means a changes in the vehicle population. vicinity of a person’s residence: South Carolina. conventional golf car that was modified, Transportation needs are changing as Three states have a law permitting trips to and from after its original manufacture, so as to the number of retirement and other golf course: Arkansas, Oregon and Wisconsin. 33196 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations permit golf cars either to be used group. Under longstanding agency 20 miles per hour. Those speed- generally on public streets designated interpretations, vehicles used on public modified golf cars whose top speed is by local governments (12 states) or roads are regarded by this agency as between 20 and 25 miles per hour within the vicinity of golf courses or a ‘‘motor vehicles’’ within the meaning of qualify as LSVs. Similarly, there is a person’s residence (4 states). the Vehicle Safety Act if they have a top very small number of originally Further, three states have changed speed greater than 20 miles per hour. If manufactured custom golf cars that are their laws to reflect the existence of sub- sub-25 mph passenger-carrying vehicles not modified conventional golf cars and 25 mph vehicles that are faster than have a top speed exceeding 20 miles per that have a top speed above 20 miles per almost all golf cars. They have either hour, they are classified in the same hour. Some of them look very much like replaced an old statutory provision manner as much faster and larger motor passenger cars. Those custom golf cars defining ‘‘golf carts’’ as having a top vehicles (i.e., as passenger cars). with a top speed between 20 and 25 speed up to 15 miles per hour with a Further, they are subject to the same miles per hour qualify as LSVs. new one defining them as having a top FMVSSs developed to meet the The other vehicles that will qualify as speed up to 25 miles per hour 5 or have particular safety needs of passenger an LSV are so-called ‘‘Neighborhood added a new class of vehicles, cars. Since the application of these Electric Vehicles’’ or ‘‘NEVs.’’ Current ‘‘neighborhood electric vehicles,’’ also FMVSSs to these sub-25 mph passenger- NEVs are bigger and heavier, and have capable of achieving 25 miles per hour.6 carrying vehicles would necessitate the more superstructure than golf cars. In addition to meeting a addition of a considerable amount of Further, as originally manufactured, transportation need of these structure, weight and cost, such current NEVs have top speeds of 25 communities, sub-25 mph vehicles also application appears to preclude their miles per hour. However, like golf cars, help them meet some of their production and sale. In addition, given they do not have doors, and thus have environmental goals. These vehicles are the limited-speed capability and neither heating systems nor air energy-efficient. Further, many of them relatively controlled operating conditioners. are battery-powered, and thus emission environments of these vehicles, it does LSVs will be subject to a new FMVSS, free and quiet. To the extent that not currently appear necessary from a Standard No. 500, Low-Speed Vehicles, emission-free vehicles replace safety standpoint to design them to meet established by this final rule. This conventional vehicles powered by the full range of passenger car FMVSSs, standard is being issued in recognition internal combustion engines, they help especially those incorporating dynamic of the fact that the growing on-road use state and local officials in meeting crash requirements. of golf cars has already resulted in some ambient air quality standards under the This rulemaking eliminates the deaths and serious injuries. The agency Clean Air Act. For example, the City of conflict between the state and local has information indicating that there Palm Desert, California, estimates that it laws, on the one hand, and the Federal were 16 deaths of golf car occupants on has achieved an emissions reduction of requirements, on the other, by removing the public roads from 1993 to 1997. The 16 tons of carbon monoxide annually these sub-25 mph vehicles with a top standard’s requirements are based since implementing its program speed range of 20 to 25 miles per hour primarily upon a regulation that the City allowing golf cars to use the public from the passenger car class of motor of Palm Desert, California, established streets. Further, as noted by the vehicles and placing them in a new in 1993 for golf car owners seeking to Economic Development Department of class subject to its own set of safety register their golf cars for use on the Arizona Public Service, the state’s requirements.7 As noted above in the city’s streets. The new FMVSS requires largest utility company, the use of summary section, the new class is called LSVs to be equipped with basic items of electric vehicles also produces low-speed vehicles (LSV). LSVs include safety equipment: headlamps, stop reductions in emissions of any 4-wheeled vehicle, other than a lamps, turn signal lamps, taillamps, hydrocarbons, nitrogen oxide, and truck, with a maximum speed greater reflex reflectors, parking brake, carbon dioxide. than 20 miles per hour, but not greater windshields of either type AS–1 or type There is currently a Federal regulatory than 25 miles per hour. AS–5 glazing, rearview mirrors, seat barrier to the manufacture and sale of a There are currently two types of belts and vehicle identification numbers segment of the sub-25 mph vehicle vehicles that will qualify as LSVs. One (VINs). type is the golf car. All conventional In view of the uncertainty among 5 For the purpose of statutory provisions relating golf cars, as now originally commenters about compliance to golf car transportation plans, California defines manufactured, have a top speed of less responsibilities under Standard No. 500, a ‘‘golf cart’’ as ‘‘a motor vehicle having not less than three wheels in contact with the ground, than 20 miles per hour, and thus, do not the agency wants to clarify the having an unladen weight less than 1,300 pounds, meet the speed capability threshold for responsibilities of each group of which is designed to be and is operated at not more LSVs. However, some conventional golf interested parties.8 than 25 miles per hour and designed to carry golf cars are modified so as to go more than • Manufacturers of conventional golf equipment and not more than two persons, including the driver.’’ California Streets & cars. Golf car manufacturers have no Highways Code § 1951. (For all other purposes, 7 This action is analogous to the agency’s decision California Vehicle Code § 345 continues to define in 1968 to regulate small, low-powered motorcycles 8 Manufacturers of custom golf cars, dealers and ‘‘golf carts’’ as ‘‘a motor vehicle . . . . which is differently than larger, higher-powered motorcycles. other commercial entities that modify golf cars, and designed to be and is operated at not more than 15 To implement this decision, the agency established manufacturers of NEVs may wish to obtain a copy miles per hour . . .’’) Arizona has a definition a subclass of motorcycles called ‘‘motor-driven of NHTSA regulations (in Title 49 Code of Federal similar to § 1951, except that it specifies an unladen cycles.’’ NHTSA then determined which of the Regulations Parts 400–999 revised as of October 1, weight of less than 1,800 pounds and a capability requirements in the safety standards for the larger, 1997, available from a U.S. Government Bookstore). of carrying not more than four persons, including higher-powered motorcycles would be appropriate Among other things, these parties will need to the driver. A.R.S. § 28–101(22). for application to motor-driven cycles. The agency obtain a VIN identifier from the Society of 6 Arizona defines a ‘‘neighborhood electric excluded motor-driven cycles from some Automotive Engineers, as specified in Part 565. vehicle’’ as an emission free motor vehicle with at requirements, while making them subject to other They will also have to prepare and affix least 4 wheels in contact with the ground and an requirements. By means of this tailoring, the agency certification labels in accordance with Part 567 unladen vehicle weight of less than 1,800 pounds effectively balanced its responsibilities to assure when their low-speed vehicles have been that is designed to be and is operated at no more that its standards: conformed and are ready for sale. Finally, they must than 25 mph and is designed to carry no more than • protect the public from unreasonable risk, and file an identification statement that meets the four persons. A.R.S. § 28–101(32). Colorado has a • are practicable and appropriate for the requirements of Part 566 not later than 30 days after similar term and definition. C.R.S 42–1–102 (60.5). particular vehicle type. beginning manufacture of a low-speed vehicle. Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33197 compliance responsibilities so long as retrofit them with the equipment Its members 11 do not manufacture any they continue their current practice of specified in the standard. The decision golf cars for use on the public roads; (2) limiting the top speed of their golf cars, whether to require retrofitting of golf the industry standard for all golf cars as originally manufactured, to less than cars that are already on the road remains used exclusively on golf courses 20 miles per hour. in the domain of state and local law. specifies a maximum speed of 15 miles • Manufacturers of custom golf cars. per hour; and (3) its members fully meet B. Comparison of Notice of Proposed Manufacturers of custom golf cars are the industry standard.12 Also, at a Rulemaking and Final Rule subject to Standard No. 500 if the top public meeting held by the agency on speed of their vehicles is between 20 NHTSA proposed that the low-speed July 25, 1996, NGCMA asked the agency and 25 miles per hour and to the vehicle standard be designated Standard to mandate speed limits not to exceed FMVSSs for passenger cars if their top No. 100. However, since the standard 15 miles per hour for golf cars on public speed is above 25 miles per hour. contains both crash avoidance and roads. • Dealers and other commercial crashworthiness requirements, NHTSA Based on this information and request entities that modify golf cars. If dealers has decided to adopt a number for the from NGCMA, it appeared to NHTSA and other commercial entities modify new standard that is outside both the that 15 miles per hour was the conventional golf cars so that their top 100 series of standards and the 200 appropriate dividing line not only speed is increased to between 20 and 25 series of standards. The new standard between golf cars manufactured for golf miles per hour, those dealers and will be known as Standard No. 500, course use and those manufactured for entities must conform the modified golf Low-speed vehicles, 49 CFR 571.500. both on-road use and golf course use, cars to Standard No. 500 and certify This final rule adopts, in most other but also between conventional golf cars their compliance with that standard. respects, the standard as it appeared in and speed-modified golf cars.13 The This requirement covers all golf cars the agency’s January 8, 1997 notice of agency tentatively concluded that if a modified on or after the effective date of proposed rulemaking (NPRM) (62 FR golf car manufacturer produced golf cars Standard No. 500, regardless of when 1077). It requires all the proposed safety with a top speed capability above the the golf car was originally equipment, except the warning label, industry standard, i.e., above 15 miles manufactured. and, as requested by some commenters, per hour, that the ‘‘manufacturer must • Manufacturers of NEVs. Any adds a requirement for a VIN. In intend its vehicles to be used on public manufacturer of a NEV whose top speed response to comments regarding the roads as well as one golf courses.’’ (62 is between 20 and 25 miles per hour need for requiring means of enhancing FR 1082) Accordingly, the agency must ensure that the vehicle complies rear conspicuity beyond that provided drafted the proposal to cover vehicles with Standard No. 500 and certify its by the proposed taillamps and stop with a maximum speed capability compliance with that standard. This lamps, the agency has added a greater than 15 miles per hour, but not requirement covers all new NEVs requirement for a rear reflex reflector to greater than 25 miles per hour. Based on manufactured on or after the effective help following drivers detect the what it had been told by NGCMA, the date of Standard No. 500. presence of a parked or stopped LSV at agency believed that its proposal would In response to concerns expressed by night. In response to a request of the several commenters, NHTSA wishes to affect virtually no conventional golf National Golf Car Manufacturers cars, as originally manufactured. address several matters concerning the Association (NGCMA) that effect that issuing Standard No. 500 has Since the NPRM, NHTSA has manufacturers be allowed to install obtained new information from on state and local laws. First, as noted polycarbonate windshields, the final in the NPRM, this final rule does not NGCMA. In response to a May 1998 rule permits a choice between either inquiry by the agency, NGCMA said that alter the ability of states and local AS–5 polycarbonate glazing or AS–1 governments to decide for themselves 1 percent of Club Car’s fleet golf cars, safety glass for LSV windshields.9 In and 75 percent of its personal golf cars, whether to permit on-road use of golf addition, to provide a means for cars and LSVs. have a top speed between 15 and 20 determining whether a vehicle’s speed 14 Second, state and local governments miles per hour. Thus, contrary to the qualifies it as a LSV, the agency has may supplement Standard No. 500 in agency’s expectation, the proposal added a test procedure for determining some respects. They may do so by would have applied to a significant maximum vehicle speed. The procedure requiring the installation of and regulate minority of Club Car’s golf cars. is based largely on the maximum speed the performance of safety equipment not Based on this new information, the test procedure in the industry standard required by the standard. However, the agency has decided to limit the for golf cars, 10 and on provisions in states and local governments may not application of Standard No. 500 to American Society for Testing and specify performance requirements for vehicles whose top speed is between 20 Materials standards regarding the safety equipment that is required by and 25 miles per hour. This decision determination of pavement friction. the standard. The agency tentatively The final rule differs from the decided in the NPRM that LSV 11 NGCMA represents the original equipment proposal in one other important respect. manufacturers need not comply with manufacturers of 95 percent of all golf cars The standard has been amended so that manufactured and distributed in the United States. requirements regulating the it applies to a narrower population of Its four largest members, in terms of golf car performance of any items of equipment production, are E–Z–GO, Club Car, Yamaha, and vehicles. Before the issuance of the (except seat belts) required by the Melex. proposal, NGCMA represented that: (1) 12 standard. Seat belts are required to meet The golf car industry indicated at NHTSA’s July Standard No. 209, Seat belt assemblies. 25, 1996 public meeting that its members adhere to 9 Those types of glazing are defined in the the standard ‘‘100 percent.’’ The agency is making that decision final American National Standard Institute’s ‘‘Safety 13 The agency noted that there was one model of in this rule. Code for Safety Glazing Materials for Glazing Motor golf car whose top speed, as originally Third, the agency notes that the Vehicles Operating on Land Highways’’ Z26.1– manufactured, reportedly exceeded 15 miles per issuance of Standard No. 500 does not 1977, January 26, 1977, as ssupplemented by hour. No information relating to the production Z26.1a, July 3, 1980. volume of that model was available at that time. require current owners of speed- 10 ANSI/NGCMA Z130.1–1993, ‘‘American 14 NGCMA confirmed that E–Z–GO, Yamaha, and modified golf cars having a top speed National Standard for Golf Cars—Safety and Melex do not produce any golf cars whose top between 20 to 25 miles per hour to Performance Requirements.’’ speed exceeds 15 miles per hour. 33198 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations carries out the agency’s original during abrupt maneuvers and prevent or a manufacturer of such a vehicle either to intention of excluding virtually all reduce their ejection during crashes. alter the vehicle’s design, configuration, and conventional golf cars, as originally Finally, vehicles with ‘‘work equipment to render it unsuitable for on-road manufactured, from the standard. performing equipment’’ (i.e., certain use or, by compliance with applicable motor The agency also believes that 20 miles trucks) would have been LSVs under the vehicle safety standards, to render the vehicle safe for use on public streets, roads, per hour is a better dividing line proposal, although not required to meet and highways. between vehicles designed for use on Standard No. 500. Under the final rule, the golf course and vehicles designed these vehicles are no longer included (October 3, 1969; 34 F.R. 15147) for on-road use. The conventional golf LSVs and must continue to meet truck To resolve borderline cases, NHTSA cars with a top speed between 15 and FMVSSs. This change is consistent with set forth criteria that it said it would 20 miles per hour have a body and the rationale of this rulemaking, which employ in determining whether a understructure very similar to that of is to eliminate a regulatory conflict particular vehicle is a ‘‘motor vehicle.’’ conventional golf cars with a top speed involving passenger-carrying vehicles. The agency stated: less than 15 miles per hour. Further, Further, NHTSA concludes that the [p]erhaps the most important of these while the speed differential between truck FMVSSs remain appropriate for [criteria] is whether state and local laws those two groups of golf cars creates a trucks with a speed capability between permit the vehicle in question to be used and significant difference in their potential 20 and 25 miles per hour and that these registered for use on public highways. The crash energy, the energy in the 15 to 20 nature of the manufacturer’s promotional and standards have not inhibited their marketing activities is also evidence of the mile-per-hour range is still modest introduction in the past. use for which the vehicle is manufactured. compared to that of LSVs.15 According to NGCMA, golf cars with a top speed III. Background Noting the comparative rarity of mini- of less than 15 miles per hour typically A. Introduction; Sub–25 MPH Vehicles bike use on public streets, and that the have a top speed of about 12 miles per and the Traditional Interpretation of registration of mini-bikes for use on hour. Those with a top speed between ‘‘Motor Vehicles’’ public streets was precluded by laws of 15 and 20 miles per hour are believed most jurisdictions unless they were Title 49 U.S.C. Chapter 301 grants by the agency to have a top speed of equipped with Standard No.108-type NHTSA regulatory authority over approximately 17 to 18 miles per hour. lighting devices, NHTSA said it would The practical safety effects of raising ‘‘motor vehicles.’’ All ‘‘motor vehicles’’ not consider mini-bikes to be ‘‘motor the speed threshold do not appear to be are subject to the Federal motor vehicle vehicles’’ if their manufacturers met the extensive. Data obtained since the safety standards promulgated by following criteria: NPRM regarding the limited number of NHTSA pursuant to 49 U.S.C. 30111, and to the notification and remedy (1) Do not equip them with devices and fatalities associated with on-road use of accessories that render them lawful for use conventional golf cars indicate that the provisions of 49 U.S.C. 30118–30121. A and registration for use on public highways state and local governments are ‘‘motor vehicle’’ is a vehicle under state and local laws; adequately providing for the safety of ‘‘manufactured primarily for use on the (2) Do not otherwise participate or assist in on-road users of those golf cars. public streets, roads, and highways’’ 49 making the vehicles lawful for operation on However, NHTSA concludes that U.S.C. 30102(a)(6). The agency’s public roads (as by furnishing certificates of Federal action is needed to address the interpretations of this term have origin or other title document, unless those safety problems that the agency centered around the meaning of the documents contain a statement that the vehicle was not manufactured for use on anticipates will be associated with word ‘‘primarily.’’ The agency has generally interpreted the term to mean public streets, roads, or highways); vehicles whose top speed is between 20 (3) Do not advertise or promote them as and 25 miles per hour. The speed that a significant portion of a vehicle’s vehicles suitable for use on public roads; differential between those vehicles and use must be on the public roads in order (4) Do not generally market them through the great bulk of golf cars whose top for the vehicle to be considered to be a retail dealers of motor vehicles; and speed is less than 15 miles per hour is motor vehicle. (5) Affix to the mini-bikes a notice stating in as much as 12 miles per hour, while the NHTSA’s principal interpretation of substance that the vehicles were not speed differential between golf cars the definition of ‘‘motor vehicle’’ dates manufactured for use on public streets, roads, whose top speed is between 15 and 20 from 1969, and addressed the status of or highways and warning operators against miles per hour and slower golf cars is mini-bikes. NHTSA said that it would such use. about half that, i.e., 5–6 miles per hour. initially defer to the manufacturer’s The agency’s interpretations since The crash forces that 20 to 25 mile-per- judgment that a vehicle was not a 1969 have added new elements to the hour vehicles will experience are ‘‘motor vehicle.’’ However, the agency mini-bike criteria for determining significantly greater than those for 15 to said, the decision and subjective state of whether vehicles capable of on-road use 20 mile-per-hour golf cars and much mind of the manufacturer ‘‘* ** are ‘‘motor vehicles.’’ The most greater than those for sub-15 mile-per- cannot be conclusive * * *.’’ NHTSA important exclude vehicles that have hour golf cars. Those greater forces said that to resolve the question of ‘‘abnormal’’ configurations and a top make it necessary to require that LSVs whether a particular vehicle is a motor speed of 20 miles per hour or less. As be equipped with more safety features vehicle, it would an example, NHTSA informed Trans2 than the states and their local invoke the familiar principle that the purpose Corporation in 1994 that its ‘‘low-speed jurisdictions currently require for for which an act, such as the production of electric vehicle’’ intended for use in conventional golf cars used on-road. a vehicle, is undertaken may be discerned residential communities, university Most important, it makes it necessary to from the actor’s conduct in the light of the campuses, and industrial complexes require seats belts. Seat belts can surrounding circumstances. Thus, if a vehicle was not a ‘‘motor vehicle’’ because it prevent LSV occupants from falling out is operationally capable of being used on had a top speed of 20 mph and unusual public thoroughfares, and if in fact, a body features that made it readily substantial proportion of the consumer 15 The potential crash energy of a vehicle public actually uses [it] in that way, it is a distinguishable from ‘‘motor vehicles.’’ increases at a greater rate than increases in the These features included an oval-shaped vehicle’s speed. This is because an object’s ‘‘motor vehicle’’ without regard to the acceleration (or deceleration) equals the mass of the manufacturer’s intent, however manifested. passenger compartment, taillamps built object times the velocity squared. In such a case, it would be incumbent upon into headrests, and a configuration the Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33199 approximate size and height of a golf survey of state laws regarding the use of required to include seat belts. 16 Also, cart. On the other hand, in 1995, golf cars on public roads. NHTSA found the California law requires an operator NHTSA informed Goodlife Motors that the statutes of various states, e.g., to have a valid California driver’s Corporation that its ‘‘super golf car’’ was California, Arizona, and Florida, gave license and carry a minimum amount of a motor vehicle because it had a top local governments the authority to allow insurance. speed of 29 mph and its configuration the use of ‘‘golf carts’’ on public streets. In addition, the law requires a plan to resembled that of a prototype California has authorized all of its cities allow only golf cars equipped with the Volkswagen passenger car. and counties to establish a Golf Cart requisite safety equipment to be B. 1996 Request for Regulatory Relief Transportation Plan area in which golf operated on ‘‘separated golf cart lanes’’ carts are permitted to operate on ‘‘golf identified in the plan. Lane striping on In the spring of 1996, Bombardier, cart lanes,’’ defined as ‘‘roadways * ** the pavement surface is sufficient for a Inc., asked NHTSA to make regulatory shared with pedestrians, bicyclists, and lane to qualify as a ‘‘separated golf cart changes to permit the introduction of a other motorists in the plan area.’’ Each lane.’’ new class of 4-wheeled vehicle that is plan must include minimum design Pursuant to this law, the City of Palm small, relatively slow-moving, and low- criteria for safety features on golf carts Desert drew up and implemented a golf cost. The company had identified as well. Arizona provides for car transportation plan. As required by retirement communities in the Sunbelt registration of both NEVs and golf cars, then existing state law, the plan states as likely prospects for a NEV that each of which is defined as a vehicle included a requirement for seat belts. it was developing. Bombardier’s NEV is with a maximum speed of not more than NHTSA has been informed by the City a two-passenger vehicle, closed at the 25 miles per hour, and forbids NEVs of Palm Desert that this plan will cover top but open at the sides, intended for from being driven on public roads with NEVs as well as golf cars. use on city streets at speeds up to 25 posted speed limits higher than 35 miles Under that plan, there are three miles per hour. It looks very much like per hour. Florida has no speed classes of golf car facilities: a very small passenger car. The restrictions for golf cars, but requires • A ‘‘Class I Golf Cart Path,’’ Bombardier NEV will be available with them to be equipped with ‘‘efficient completely separated from public roads, a ‘‘low speed golf mode’’ option that brakes, reliable steering apparatus, safe for use by golf cars and bicycles only. reduces the vehicle’s maximum speed to tires, a rearview mirror, and red • A ‘‘Class II Golf Cart Lane,’’ marked 15 miles per hour when the ignition key reflectorized warning devices in both on public roads with posted speed is turned from ‘‘D’’(rive) to ‘‘G’’(olf). the front and rear.’’ That state permits limits up to 45 miles per hour (the However, because Bombardier’s NEV operation of golf cars on county roads separate lane is designated by striping), would have been classified as a which have been designated by a county for use by golf cars and bicycles only. passenger car under the agency’s for use by golf cars, or on city streets • A ‘‘Class III Golf Cart Route,’’ i.e., existing interpretations and regulations which have been so designated by a public roads with speed limits of 25 and because its NEV could not meet the city. Golf cars cannot be operated during miles per hour or less (the route is FMVSSs for passenger cars, Bombardier the hours between sunset and sunrise identified by placing Golf Cart Route could not offer its small vehicle for sale under California and Florida law, except signs along roadways). They are for in the United States. shared use by golf cars and automobile Accordingly, Bombardier asked the that local entities may allow nighttime traffic. agency to change its longstanding use of golf cars equipped with To gather further information, NHTSA interpretations of what constitutes a headlamps, taillamps and stop lamps. held a public meeting on July 18, 1996, motor vehicle as they apply to 4- NHTSA decided to study the in the City of Palm Desert, attended by wheeled vehicles. Under those California statutes in detail because that state, county, and city officials from interpretations, vehicles that were used state appeared to have the most both California and Arizona, golf car on-road, but that had a distinctive extensive requirements concerning the manufacturers, owners, a dealer, and configuration setting them apart from on-road safety of golf cars. In 1992, two NEV manufacturers. the normal traffic flow and that were not California amended its Streets and Fourteen commenters spoke at the capable of exceeding 20 miles per hour, Highway Code (‘‘CSHC’’) to authorize meeting, all expressing support for the were not regarded as motor vehicles. the City of Palm Desert to establish a use of small, 4-wheeled electric vehicles The company asked that the maximum Golf Cart Transportation Pilot Program on city streets because of environmental speed threshold used in the agency’s (CSHC Secs. 1930–37), and later enhancement, consumer benefits, and a interpretations be increased from 20 adopted amendments to giving similar authority to any city or county in good safety record. miles to 25 miles per hour. Bombardier The first speaker was Roy Wilson, stated that limiting the top speed of its California. As noted above, this legislation allows local jurisdictions to representing the fourth district of the NEV to 20 miles per hour would Riverside County Board of Supervisors, compromise the ability of the NEV to establish a Golf Cart Transportation Plan area in which golf cars are permitted to a member of the governing board of the maneuver in traffic on public streets South Coast Air Quality Management where it would be operating in a mix operate on ‘‘golf cart lanes’’, defined as ‘‘roadways * * * shared with District and a member of the Riverside with larger and faster vehicles, and limit County Transportation Commission. He the marketability of the NEV. pedestrians, bicyclists, and other motorists in the plan area’’ (CSHC asked for NHTSA’s ‘‘approval in Accordingly, it sought a revision of the allowing Neighborhood Electric NHTSA interpretation instead. 1951). Each plan must include minimum design criteria for safety Vehicles and other slow-moving C. Pre-rulemaking Study and 1996 features on golf cars as well (CSHC vehicles to operate on public roadways Public Meetings 1961). and to increase the maximum speed Since the use of sub-25 mph vehicles A plan under the California law must limit to 25 miles an hour.’’ Supervisor on public roads was a relatively new also include a permit process for golf cars to ensure that they meet the 16 The requirement for seat belts was replaced in phenomenon, NHTSA took special steps September 1997 by a provision authorizing, but not to acquire information regarding such minimum design criteria (CSHC 1961). requiring golf cart transportation plans to include use. First, the agency commenced a At that time, those criteria were a requirement for seat belts. 33200 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations

Wilson advised the panel that ‘‘you manager of Southern California Edison approach problems with stability, and have a unique opportunity to provide for Coachella Valley. Mr. Stranger was increases the risk of injury or death on leadership in an area of public policy followed by David Bentler, Electric account of the loss of stability and which has both transportation and air Transportation Project Manager for the increased braking distance.’’ quality ramifications and which directly largest electric utility in Arizona (Transcript, July 25, 1996, p. 15) addresses the lifestyle of our growing (Arizona Public Service Economic and Given NHTSA’s developing interest, senior population.’’ With respect to the Community Development). Mr. Bentler NGCMA asked that the agency consider golf car program, which was established showed a video in which the the following: when he was a member of the City of affordability, accessibility, and utility of Palm Desert Council, Supervisor Wilson the NEV were promoted by the (1) Initiate steps to preempt all state and local stated that [unidentified] executive director of the regulation of golf cars on public roads * ** until a thorough investigation and analysis it has reduced congestion on city streets, homeowners association of Westport has been made of the safety issues and provided affordable user friendly alternatives Village as well as by the Village’s optimum responses to these issues; to transportation needs, and based on this recreational office manager, Donna (2) Mandate speed limits not to exceed 15 experience as well as those in areas— Highley, two Village residents, Joan and miles per hour for any golf car used on public programs that are similar in areas like Davis Larry Thomas, Jerry Unger, a director of streets and highways; [California]; Sun City, Arizona and Lady the Sun City Homeowners’ Association, (3) Solicit from the golf car manufacturers Lake, Florida, I believe this program has and Ray Prendergast of the Sierra Club. recommendations for safety accessories that tremendous potential. Arizona golf car dealer, Steve Pohle of might be utilized or recommended for golf Supervisor Wilson stated that Sun City, spoke in favor of allowing the cars whose owners desire to utilize their golf favorable action by NHTSA vehicles he sells to use the public roads cars on public streets and highways; (4) Advise NGCMA of what additional would expand the pool of electric vehicles at speeds up to 25 miles per hour. He signage or documentation, if any, should which * * * from an environmental, said that preferably be furnished golf car purchasers to primarily air quality perspective, * * * are (i)t is [a speed] that many of our customers ensure the purchaser understands the golf car also extremely beneficial. They do not emit obtain now with their golf carts and are doing toxins including carbon monoxide into the was not manufactured for use on public it safely. I think the biggest advantage of that air. streets * * * and cautioning operators speed is the ability to be able to, after against such use unless the vehicle is He was followed by Ramon Diaz, the stopping at an intersection or wherever they equipped with whatever minimum city manager of the City of Palm Desert. are traveling, * * * quickly maneuver out of requirements might be deemed appropriate Mr. Diaz told the panel that ‘‘the golf the way of traffic. by NHTSA; cart program has been very successful The agency held another public (5) Consider defining and regulating light- ** * Areas of the city that are being weight vehicles capable of being driven on meeting in Washington, D.C., on July 25, public roads as * * * NEVs, to distinguish annexed in are asking us, ‘When can we 1996. At that meeting, NGCMA have our golf cart lanes? When can we NEVs from golf cars which are self-regulated indicated its objection to the pursuant to ANSI/NGCMA Z130.1. begin driving our golf carts?’’’ requirement in the California statutes The next commenter, Commander References to ‘‘golf cars’’ as such should be and in the City of Palm Desert plan for deleted from any state and federal laws and Steven Bloomquist of the Palm Desert seat belts. NGCMA viewed the regulations dealing with motor vehicles. Section, Riverside Sheriff’s Office, requirement as ‘‘antithetical to the spoke ‘‘from a law enforcement personal safety of drivers and occupants Further, NGCMA said that NHTSA perspective.’’ Initially, there were of golf cars.’’ The association thought ‘‘needs to preempt state and local concerns that legislative bodies have ‘‘a very initiatives on this subject until NHTSA about the mixing of slower moving vehicles limited understanding of the physical has clearly identified the safety issues with faster moving vehicles and also the size limitations of the golf car as it presently and appropriate responses to these difference, mentioning the physics of the is constructed and the consequent issues in a cautious and careful speed difference between golf carts and susceptibility for personal injury and manner.’’ passenger vehicles and trucks and the like. even death, if seat belts were to be NHTSA had also asked for written However, Commander Bloomquist required.’’ NGCMA apprised the panel comments from those who could not had been reassured after his three year of the industry’s standard, ANSI/ attend its public meetings. The experience with the program: NGCMA Z130.1–1993. It presented commenters included representatives of To date * * * we have not had any accidents reasons why the industry believed that state and local governments including involving the larger vehicles which move at a golf car should not be considered a law enforcement officials, a greater speed with the slower moving golf ‘‘motor vehicle,’’ i.e., it stated that golf manufacturers and users of NEVs and carts. cars are designed primarily for use on golf cars, representatives of utilities, a Assemblyman James F. Battin, Jr., golf courses and not the public streets. public interest group, and other represented by his district manager Kim The association noted that the industry interested persons. Specifically, written Estock, addressed the importance of does not equip golf cars with equipment comments were received from Rep. alternative transportation for senior that make them lawful for registration Sonny Bono, and, in the order received, citizens: and use on the public roads. It argued from Lois Wolk (mayor, City of Davis), With a limited income comprised of social that accordingly if an owner chooses to J. Douglass Lynn (Lynn & Associates security and perhaps a small retirement fund, operate a golf car on the public roads, with a subsequent submission as well), some seniors have been able to cut the cost the manufacturer should not be Bombardier, Dr. Tim Lynch (Director, of an automobile with insurance out of their penalized for it. NGCMA further stated Center for Economic Forecasting and budget altogether because of the option of that ‘‘(t)he maximum recommended Analysis, Institute for Science and using an electric vehicle with a one time speed for golf cars under ANSI/NGCMA Public Affairs, Florida State University), purchase cost. Z130.1 is 15 miles per hour.’’ In the City of Palm Desert, Richard S. The California commenters were addition, it stated that ‘‘the golf car Kelley (president, Southern California supported by those from Arizona, manufacturers believe that any speed in Association of Governments, two beginning with R. H. Stranger, regional excess of 15 miles per hour begins to comments by Mr. Thomas of Trans2 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33201

Corporation,17 Jim Douglas (assistant public meetings, the agency identified LSVs had not entered the country’s director, Motor Vehicle Division, three options for responding to motor fleet in significant numbers, there Arizona Department of Transportation, Bombardier’s request. The first was to were few crash and injury data on the written remarks of the NGCMA grant Bombardier’s request to revise the which to base a judgment about the general counsel, several video tapes, Dr. agency’s interpretive test for extent and nature of the safety need. James M. Lents (executive officer, South determining whether an on-road vehicle Despite these challenges and Coast Air Quality Management District), is a motor vehicle by raising the uncertainties, the agency determined George Boal (resident of the City of Palm threshold top speed capability from 20 the third option to be the most prudent Desert), Marilyn D. McLaughlin miles per hour to 25 miles per hour. approach and accordingly used it as the (resident of the City of Palm Desert), This option had a number of drawbacks. basis for its proposal. David Guthrie (deputy director, Arizona If the agency had granted Bombardier’s E. 1997 Notice of Proposed Rulemaking Department of Commerce, Harry C. request, it would have placed LSVs Gough (automotive engineering beyond its regulatory reach. This would Based on the information gathered professional specialist, Connecticut have been undesirable from a safety through autumn of 1996, NHTSA Department of Motor Vehicles), Paul standpoint since, as noted above, there developed a proposed regulation for and Jacklyn Schlagheck (residents of appeared to be a greater need for Federal LSVs, a new vehicle class including Lady Lake, Florida), Dr. Gerald action with respect to LSVs than with both NEVs and golf cars with a top Donaldson (senior research director, respect to slower vehicles. Further, by speed between 15 and 25 miles per Advocates for Highway and Auto Safety relinquishing its jurisdiction over these hour. Both types of vehicles have (‘‘Advocates’’), Jim Prentice (resident of vehicles, NHTSA would have lost the similar design and operational Port St. Lucie, Florida), Paul Jackson flexibility to adjust its LSV regulatory characteristics and are likely to have common safety problems. As such, Rice, Esq. (Arent, Fox, Kintner, Plotkin actions in response to any changes in NHTSA decided that the issues of the & Kahn), Sheriff Ralph E. Ogden of the safety record of those vehicles. proper regulatory treatment for them Yuma, Arizona, Lawrence Lingbloom Finally, this approach would have allowed the states to adopt differing should be considered together. (Sierra Club California), Cynthia Kelly, The basic jurisdictional issue was Esq., (government relations counsel, requirements for the same aspects of safety performance, vitiating the intent how to differentiate between golf cars Golf Course Superintendents that were manufactured exclusively for Association of America), the Board of of Congress that motor vehicles be subject to a uniform national set of use on golf courses and those that are Directors of the Palm Desert Country being permitted by states and Club Association, Gerald W. (‘‘Wally’’) Federal safety standards. For these reasons, NHTSA decided not to grant municipalities to be operated as on-road Powell (reliability engineer, E–Z–GO vehicles. NHTSA tentatively decided to Textron (‘‘E–Z–GO’’), Bob Doyle Bombardier’s request. The second option was to maintain adopt a speed criterion to address this (assistant sheriff, patrol and question. The industry’s standard investigations division, Riverside the existing line of interpretations and vehicle classifications, under which all Z130.1, which applies to all golf cars, County Sheriff’s Office), Wayne Balmer contains a specification for ‘‘Maximum (community development director, vehicles capable of being driven at speeds of more than 20 miles per hour, vehicle speed ‘‘(paragraph 9.6.1) under Mesa, Arizona), and Marvin B. Jaques which ‘‘(t)he average speed [of runs in (vice president special projects, regardless of their configuration, size or weight, are treated as ‘‘motor vehicles’’ opposite directions] shall not exceed 15 Ransomes American Corporation and are subject to the same safety mi/h (24 km/h)’’ (paragraph 9.6.1.3). (‘‘Cushman’’), the manufacturer of performance requirements. But simply Further, NGCMA stated at the July 25, Cushman utility vehicles. leaving the current interpretations and 1996 public meeting that its primary In brief, the governmental authorities vehicle classifications in place activity since its inception had been the and the public supported the on-road effectively would have subjected LSVs promotion and sponsorship of standard use of electric golf cars and NEVs as to requirements they could not meet and Z130.1 and that 100 percent of its addressing the public interest in a thereby effectively prohibited the members adhered to it. Accordingly, the cleaner environment. Users noted manufacture and sale of LSVs. Thus, record before the agency at the time of approvingly the mobility that is afforded this option would not be responsive to its proposal indicated that if a golf car by the ability to use golf cars and NEVs the growing public interest in using could go faster than 15 miles per hour, on the public roads as an alternative to low-cost and low-speed 4-wheeled the maximum speed permitted by the the passenger car for short in-town trips. vehicles within limited operating industry standard for golf cars to be These groups testified to the absence of environments. used solely on golf courses, the golf car any on-road safety problems involving The third option was for the agency was not only more likely to be driven golf cars and opposed any regulation by to revise its existing system of vehicle on the public streets than slower golf NHTSA that would curtail driving them classifications by creating a new class of cars, but was intended by its on the public roads, or that would vehicles comprising LSVs and applying manufacturer to be so used. For these increase their costs. Golf car to them new safety requirements that reasons, NHTSA chose a maximum manufacturers objected to the possible would be appropriate for and speed capability of 15 miles per hour to classification of their products as accommodate this emerging form of distinguish between golf cars truly ‘‘motor vehicles’’ and wished to remain transportation while addressing its manufactured for exclusive golf course free of Federal regulation. safety needs. Developing this option use, and faster golf cars that might D. Regulatory Options Considered necessitated defining the new class of properly be considered ‘‘motor vehicles in such a way as to include the vehicles’’ for purposes of Federal safety After considering the results of its appropriate vehicles and exclude others. regulation. survey of state and local locals and its It appeared that standards applicable to In considering what safety equipment current passenger cars could not, and to propose requiring, NHTSA reviewed 17 After Trans2 submitted comments on the notice of proposed rulemaking in this proceeding, its need not, be applied in all aspects to the requirements of the states and assets were purchased by Global Electric MotorCars LSVs, but it was not clear what standard municipalities for golf cars to be used (GEM) of Fargo, North Dakota. should take their place. Moreover, since on the public roads, and found them 33202 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations varied and sometimes unclear. The that is found in passenger cars. Second, Director, Arizona Department of exception was the City of Palm Desert. NHTSA did not propose that LSVs be Commerce (021), who said: The city requires ‘‘golf carts’’ offered for equipped with horns. No other FMVSS NEV’s * * * provide an affordable, registration for on-road use to be requires the installation of horns environmentally friendly alternative to equipped with headlamps, front and because motor vehicles were equipped gasoline powered automobiles that is rear turn signal lamps, taillamps, stop with horns long before the first FMVSS consistent with our goal of promoting lamps, rear side reflex reflectors, was issued. NHTSA believed that LSV ‘‘cleaner’’ vehicles without hampering rearview mirrors, a parking brake, horn, manufacturers would similarly economic growth or putting undue financial windshield, and seat belts. incorporate horns as a matter of course. burdens on our citizens. Since a Federal motor vehicle safety Third, the agency proposed to require a We believe the proposed rule is appropriate standard must be ‘‘reasonable, for three reasons. First, it allows local and label indicating that LSVs should not be state governments to continue to regulate the practicable, and appropriate’’ for the driven at speeds greater than 25 miles use of these vehicles, giving them the ability types of motor vehicles to which it per hour on any road. NHTSA proposed to set speed zones, require specialized lanes applies, NHTSA reviewed the record to that the new standard be designated and establish other requirements as see whether imposition of the City of ‘‘Standard No. 100.’’ appropriate. Second, the draft rule [would Palm Desert equipment requirements require] manufacturers to equip LSVs with would be reasonable, practicable and F. Summary of Comments on Notice of basic safety features like seat belts and appropriate for golf cars and NEVs. Proposed Rulemaking mirrors. Finally, the rule sends a strong Steve Pohle had told the NHTSA panel Over 100 comments were received message to states that their alternative at the meeting in the City of Palm Desert from three major groups: elected vehicle policies are being received with respect and support in Washington * * *. that Arizona requires street-legal golf national, state, and local officials; golf cars to have head lamps, stop lamps, car manufacturers and dealers; and The one exception was C. I. taillamps, a horn, and a rearview mirror. advocacy groups. (NHTSA’s Docket MacGillvray, Director, Department of He added, ‘‘the majority of the [golf] Room has assigned a number to each Engineering, Iowa Department of cars I was speaking about are all comment. For example, the 20th Transportation (022) who expressed equipped that way, so if they are using comment is denoted ‘‘96–65–NO1–020.’’ concern ‘‘at the State level’’ for the it on the street * * * they are equipped For simplicity, in discussing specific changes ‘‘required to safely integrate that way. We also always equip them, submissions in this preamble to the these vehicles into legal operations on although it’s not required by the state, final rule, the agency uses only the last Iowa’s public roadways,’’ citing with a Plexiglass windshield.’’ In reply three digits to identify the comment, licensing of operators, registration of to a question as to the difference in cost i.e., ‘‘020.’’) vehicles, financial responsibility, and the like. ‘‘between a cart equipped versus a cart 1. State and Local Officials; Utilities not equipped,’’ Mr. Pohle estimated ‘‘* (B) Manufacturers and Dealers of Golf * * about $400 if we’re including the State and local officials, with one exception, supported the proposal. Cars and Neighborhood Electric windshield which would be about $115 Vehicles of that.’’ The NEV manufacturers These included Ralph E. Ogden, Yuma represented that their vehicles would be County (AZ) Sheriff’s Office (002); The two identified categories of manufactured from the start with all the Rollie K. Seebert, Maricopa County (CA) vehicles that would be covered by the equipment required by the City of Palm Sheriff (005); Richard S. Kelly, Mayor, final rule are NEVs and golf cars. NEV Desert. City of Palm Desert (CA)(006); D.O. manufacturers and dealers supported Accordingly, NHTSA considered the Helmick (California Highway Patrol the proposed rule. Commenters requirements of the City of Palm Desert (013); Dottie Berger, Commissioner, included James M. Thomas, Vice to be an appropriate basis for a proposed Hillsborough (FL) (014); Michael D. President Sales and Marketing, Trans2 Federal safety standard for LSVs. It was Branham, Assistant City Manager, Corporation (007); Bombardier reasonable and appropriate because Surprise (AZ)(015); Assemblyman Jim Corporation through its outside NEVs were designed to comply from the Battin (CA)(019); David Guthrie, counsels Paul Jackson Rice and start, and testimony indicated that the Arizona Department of Commerce (021); Lawrence F. Henneberger (008); Charles equipment was easily added to existing Ted Hidinger, Electric Transportation E. Towner, a franchised dealer of golf car designs. It seemed practicable Manager, Arizona Public Service personal and low-speed community because there was testimony that new Economic Development Department vehicles (AZ)(030); and Delmar C. vehicles could be equipped at (026); Lois Wolk, Mayor, Davis Gilchrist, a Trans2 dealer (CA) (034). reasonable cost. It addressed the need (CA)(027); L. Denno, California Highway The initial response of the golf car for safety because the experience of the Patrol (028); Nancy J. Deller, Deputy industry was to oppose the proposal. City of Palm Desert had indicated that Director, California Energy Commission Comments were submitted by A. on-road safety problems were virtually (036), Richard D. Lamm, former Montague Miller, president and CEO of nonexistent. Governor, Colorado (056); Pamela Bass, Club Car, Inc. (011); the NGCMA general Therefore, NHTSA proposed that Vice President, Southern California counsel (016); Gerald W. Powell, LSVs (defined in the proposal as golf Edison (061); Robert H. Cross, Chief Reliability Engineer, E-Z-Go Textron, cars with maximum speeds between 15 Mobile Source Control Division, Inc. (017); Scott J. Stevens, President, and 25 miles per hour, and all vehicles California Air Resources Board (80); and Western Golf Car Manufacturing, Inc. other than motorcycles and vehicles Kirk Brown, Secretary, Illinois (039); and Charles A. Fain, Vice with work-performing equipment, with Department of Transportation (088). President Design Engineering, Club Car, a top speed of not more than 25 miles The principal reasons for supporting Inc. (043). per hour), be equipped with the same the proposal were the enhancement of The principal objections were to the equipment required by the City of Palm air quality that electric-powered LSVs proposed requirements for AS–1 Desert. (January 8, 1997; 62 FR 1077) would bring, and the importance of windshields and for seat belts. The There were several minor differences. developing alternative forms of industry asked that an alternative First, NHTSA proposed that the transportation. This was most cogently windshield material (polycarbonate) be windshield be of AS–1 glazing, the type expressed by David Guthrie, Deputy permitted because it ‘‘as well as other Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33203 transparent materials are more effective the majority of toxic emissions are lead to fuel savings and would benefit to provide shatterproof protection to generated from gasoline-powered the environment (023). occupants of golf cars.’’ Seat belts were vehicles.’’ Kevin Breen, Chair of the SAE Special opposed in NGCMA’s comments However, the other advocacy Purpose Vehicle Committee, apprised because they organizations were not in favor of the the agency of SAE Standard J2258, Light may enhance the risk of injury or even death proposal. WLF opposed subjecting LSVs Utility Vehicles, issued in 1996, and if the occupant is restrained in the vehicle by to safety performance requirements, draft SAE J2358, Closed Community a seat belt assembly upon rollover * * *. arguing that ‘‘NHTSA has not shown Vehicles. The light utility vehicles Golf carts are equipped with a standard hip that there is a problem that requires covered by SAE Standard J2258 are off- or hand hold restraint located towards the attention.’’ It cites the preamble’s highway vehicles 72 inches or less in outside of the seat. However, the hand hold statements that ‘‘there are virtually no overall width, with a gross vehicle does not prevent the occupant from jumping accident data concerning [golf cars]’’ or leaping out of the golf car to avoid further weight rating (GVWR) of 5,000 pounds injury if the golf cart is about to roll over. For and ‘‘intuitively, it appears that or less and a maximum design speed of this reason, * * * in lieu of a seat belt passengers in LSVs might be at less than 25 miles per hour. The requirement for golf cars, a hand hold or hip significant risk because of the small size standard specifies requirements for restraint should be required as set forth in and relative fragility of LSVs.’’ In WLF’s ‘‘elements of design, operation, and ANSI/NGCMA Z 130.1. view, ‘‘NHTSA has not shown that any maintenance.’’ The Committee is The industry also objected to the safety problem exists and has no studying ‘‘the use of golf-car based proposed effective date of 45 days after justification whatsoever for vehicles for closed community the issuance of the final rule, saying that implementing these costly and applications,’’ with attention to ‘‘issues ‘‘a minimum of 24 to 36 months’’ would extensive regulations.’’ WLF also argued such as braking, lighting, be required ‘‘to achieve the design and that, given the alleged propensity of golf crashworthiness, stability, etc.’’ In his tooling required by the proposed cars to roll over, the net effect of opinion, NHTSA’s proposed standard is standard.’’ Finally, the industry requiring seat belts could be to increase inappropriate because deaths and injuries. submitted that 1. The standard permits vehicles to be On the other hand, Advocates and operated in an on-highway situation in a to properly comply with the seat belt FMVSS CFA opposed allowing the manufacture Standard No. 209, together with the other traffic mix with typical highway vehicles items to be required, the manufacturing cost and sale of a class of passenger vehicles without adequate consideration for braking, to comply will exceed $800 to $1,000 per subject to a lesser set of safety crashworthiness, etc. vehicle without regard to design and tooling performance requirements than those 2. The proposed requirements for seat belts expenditures approximating $500,000 per applicable to passenger cars. Advocates in an open vehicle are contrary to current manufacturer. opposed allowing ‘‘a new class of motor occupant protection technology relating to vehicles on public roads which are open vehicles (i.e., motorcycles, Golf car manufacturers and dealers snowmobiles, etc.). unable to protect their occupants in apprised Members of Congress of their * * * * * opposition to the proposal. As a result, crashes up to 25 mph.’’ Advocates argued that the agency had not provided 4. The exemption of certain ‘‘work class’’ letters of inquiry were received from a vehicles from this standard opens acceptance number of Senators and Representatives any documentation of the current on- of their use in a highway situation creating (see, e.g., comment 033, which was road crash experience of golf cars, that a potential hazard for both the users of those signed by six Representatives from the agency had not adequately vehicles and the general motoring public Georgia). examined the regulatory and safety who may interact with them. record of allegedly similar vehicles in 5. The standard as currently drafted 3. Advocacy Organizations Japan and France, that there was no includes too broad of a scope of vehicles. If agency plan to organize the collection, adequate data exists, rulemaking could be NHTSA also received comments from limited at this time to NEVs. Vehicles such a number of public interest or advocacy retrieval and analysis of LSV crash data, and that pressure for inexpensive as golf car or golf-cart based vehicles should organizations. These included: not be considered in proposed FMVSS 100 at Consumer Federation of America transportation and claims of this time. (‘‘CFA’’)(001), Advocates for Highway & environmental benefit would inevitably Auto Safety (‘‘Advocates’’)(020), Sierra lead to the designing and marketing of Two residents of Ypsilanti, Michigan Club California (032), and Washington LSVs that are increasingly car-like and questioned the wisdom of NHTSA’s Legal Foundation (‘‘WLF’’)(038). to future requests for the agency to action (003, 004). Manufacturers of Sierra Club California supported the increase the upper speed threshold for vehicles that are not ‘‘motor vehicles,’’ proposed rule without qualification. It LSVs. CFA, too, thought that safety as that term is interpreted by NHTSA, stated that problems would arise with the advent of wanted reassurance that their products a new, small class of vehicles, and would not inadvertently be included in ** * (i)t was happy to see the federal recommended that all vehicles with a government is acting to form a consensus the new rule (Truck Manufacturers regarding the use of LSVs at the national and maximum speed of 15 miles per hour or Association (009), Toro (012), and state levels. The Sierra Club California hopes more be required to meet all Federal Industrial Truck Association (024)). The that other states and municipalities will motor vehicle safety standards. American Insurance Association follow your lead in developing localized claimed that NHTSA’s action is an 4. Other Commenters alternative transportation program consistent ‘‘abuse of discretion’’ because the with this rule, and in consultation with the A number of additional comments agency lacks authority to dilute safety appropriate law enforcement and public were submitted by other persons, some regulations and increase crashes, deaths safety agencies. of them supporting the proposal, others and injuries. That organization argued It stated further that ‘‘(a)s an opposing it. further that the proposal was ‘‘arbitrary alternative to automobiles, LSVs can Dr. Tim Lynch, Director, Center for and capricious’’ because the agency reduce the number of trips by car and Economic Forecasting and Analysis, lacks sufficient crash data to enable it to eliminate the need for cold starts, e.g., Florida State University, concluded that make reasonable projections about the the first few minutes of operation where promotion of electric vehicles would safety record of LSVs. (010) 33204 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations

Other commenters were concerned that organization reaffirmed its desire to • A printout of death certificates in with specific aspects of the proposed limit the top speed of personal golf cars which a golf car was mentioned. CPSC equipment. Transportation Safety to 20 miles per hour and indicated that has contracts with all 50 State Health Equipment Institute argued that the industry does not manufacture Departments to provide information performance requirements should be personal golf cars which have a higher about death certificates that mention the specified for LSV lighting devices (018). top speed. use of certain products, including golf George Ziolo thought that LSVs should During February 1998, the agency cars. have a flashing amber light at the rear received letters from over 30 The agency notes that there are limits or on the top as a low-speed warning commenters who identified themselves, to the conclusions that can be drawn (040). SMV Technologies sent examples generally, as dealers of golf carts and from these data for the purposes of this of a warning triangle which some states such other products as watercraft and rulemaking. First, only the data from the require be affixed to farm tractors using motorcycles. All said that the issuance first of these four sources can be used the public roads, and recommended that of a final rule was necessary for their to make national projections about the LSVs be similarly equipped (068). livelihood and asked NHTSA to issue it size of health significance of the immediately. These letters unqualifiedly operation of golf cars. Second, much of G. Post-Comment Period Comments and supported the proposal, without stating the CPSC data relate to incidents that Information any reservations about to the proposed occurred when golf cars were being 1. Manufacturers and Dealers of Golf requirements for windshields and seat operated on a golf course or in other off- Cars; Members of Congress belts. road situations. During March 1998, NHTSA’s Vehicle Although the comment period closed In March 1988, over 30 dealers and distributors of Club Car golf cars Research Test Center (VRTC) conducted on February 24, 1997, a substantial a study of a Bombardier NEV, a Global informed NHTSA that if the agency number of comments were received Electric MotorCars NEV, and a Yamaha limited the seat belt requirement as after that date. Many of them were golf car. As described in the study requested by NGCMA in its December letters from Members of Congress on report, the study was intended to 1997 letter, they would not oppose the behalf of golf car manufacturers, dealers, provide the basis for an evaluation of issuance of an LSV final rule. (March and users. The letters from the Members the potential stability of LSVs on public 20, 1998 letter from Eileen Bradner, of Congress, as well as the letters from highways and the safety potential of Counsel to Club Car, Inc.) the parties on whose behalf they were these vehicles in a crash. VRTC writing, typically expressed many of the 2. Other sources examined the vehicles with respect to same concerns, e.g., concern that the seat belts, stability, stopping distance, In February 1998, NHTSA obtained proposal would regulate fleet and electrolyte spillage, and glazing, and from the Consumer Product Safety personal golf cars, that requiring seat subjected them to braking and dynamic Commission (CPSC) data concerning belts in golf cars might increase danger handling tests. The seat belts on the injuries and deaths involving golf car in a rollover, and that AS–1 windshields NEVs were deemed to be anchored to occupants. This information covers all would not be sufficiently protective adequate structure. The golf car had no types of golf cars, and all uses (on and against golf balls. seat belts. Regarding stability, the study In an August 12, 1997 letter, NGCMA around golf courses and on streets and concluded that an LSV with a static submitted suggested revisions to the highways). stability factor below 1.0 with two agency’s proposed standard. (NGCMA, CPSC provided the agency with occupants could probably tip easily in 073) NGCMA suggested that personal information from four different sources: • a tight turn at 20 mph. As for stopping golf cars be defined as vehicles that may A summary of incidents and distance from 20 miles per hour, the carry golf equipment and have a national estimates for injuries involving Bombardier NEV easily passed the maximum speed greater than 15, but golf cars from the National Electronic requirements of FMVSS No. 135, less than 20 miles per hour. It suggested Injury Surveillance System (NEISS) for Passenger Car Brake Systems, while the that personal golf cars be regulated in the years 1993 to 1997. NEISS is Global Electric MotorCars NEV passed the same fashion as LSVs, except that comprised of a sample of hospitals that marginally. The golf car could not meet personal golf cars would not be required are statistically representative of these requirements. With respect to the to have seat belts. Further, NGCMA hospital emergency rooms nationwide. issue of electrolyte spillage in a crash or suggested that personal golf cars and From the data collected, estimates can rollover, it was noted that the any other LSV be permitted to have a be made of the numbers of injuries Bombardier NEV appeared to be capable windshield of ‘‘shatter resistant associated with consumer products and of shielding the occupants from the polymer’’ instead of AS–1 glazing. treated in hospital emergency batteries so long as the fiberglass shell In a December 22, 1997 letter, departments. was intact. The other NEV did not have NGCMA informed NHTSA its members • A printout of crash investigations the batteries shielded from the occupant were amendable to equipping personal involving golf cars, conducted by CPSC area. The golf car was gasoline-powered. golf cars with all of the proposed items on-site or by telephone. This VRTC also conducted impact tests on of equipment, with two exceptions. information is obtained from NEISS windshield glazing, which is discussed NGCMA asked that its members not be files, newspaper clippings, consumer in some detail below under ‘‘Safety required to install seat belts and that complaints and Underwriters Engineering Issues.’’ they be given a choice between using Laboratory. In April 1998, NHTSA asked the City AS–1 glazing or shatter resistant • A printout of reported incidents of Palm Desert for an update on the polymer for the windshield. It indicated involving golf cars. The reports are implementation of its plan. In the 21 that an effective date of from six to obtained from CPSC’s Medical months since the agency’s public twelve months after publication would Examiners and Coroners Alert Program meeting in July 1996, the number of golf be acceptable, provided that its (MECAP), Underwriters Laboratory, carts registered for use under the plan suggestions about seat belts and American Trial Lawyers Association, rose from 193 to approximately 250. windshield glazing were adopted by the Consumers Union, and newspaper Two crashes have occurred since then, agency. (NGCMA, 104). In the letter, clippings. although neither caused an injury. The Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33205 first crash occurred when the driver of ‘‘motor vehicles.’’ A ‘‘motor vehicle’’ is registered or that the user have a a conventional car turned the corner defined as a vehicle ‘‘manufactured driver’s license, or both. The modifiers and hit a golf car that was being illegally primarily for use on the public streets, of these vehicles do not label these driven in the pedestrian crosswalk. In roads, and highways’’ (Sec. 30102(a)(6)). vehicles as being not manufactured for the second crash, a golf car operator had As noted above, NHTSA’s principal on-road use. Quite the contrary, they left the City of Palm Desert plan area interpretation of the definition of equip them with the equipment and was struck just over the border of ‘‘motor vehicle’’ dates from 1969, and required by states and local jurisdictions the next town, Indian Wells, when the addressed the status of mini-bikes. for on-road use. Further, their top speed golf car turned into the driveway of a NHTSA said that if a type of vehicle is capability is far above the maximum country club. As noted in the NPRM, physically capable of being operated on average permissible speed specified in the only crash that occurred between the public roads and if a substantial the voluntary industry for golf cars 1993 and 1996 involved the overturning portion of the users of those vehicles intended exclusively for use on golf of a golf car being operated by joy-riding uses them on the road, those vehicles courses. Finally, they advertise the top teenagers. are motor vehicles, without regard to the speed capability of their vehicles. Since intent of the manufacturer. It bears driving these golf cars at or near their IV. Final Rule and Resolution of Key repeating that the agency said that top speeds on golf courses is Issues perhaps the most important criterion to presumably impermissible and since A. Summary be used in resolving borderline cases their on-road use is commonplace, such *** is whether state and local laws advertising is tantamount to advertising The final rule establishes a new class them for on-road use. of 4-wheeled vehicles, called LSVs, and permit the vehicle in question to be used and registered for use on public highways. The b. Neighborhood Electric Vehicles are excludes them from passenger car class. nature of the manufacturer’s promotional and Motor Vehicles. The agency begins its LSVs are 4-wheeled vehicles, other than marketing activities is also evidence of the analysis of whether NEVs are motor trucks, whose maximum speed exceeds use for which the vehicle is manufactured. vehicles by noting that neither of the 20 but is not greater than 25 miles per a. Speed-modified golf cars are motor two current NEV manufacturers contest hour. By removing them from the vehicles. Not only are speed-modified that NEVs may properly be regarded as passenger car class, the rule relieves golf cars whose top speed is between 20 motor vehicles under the Vehicle Safety manufacturers of LSVs of the need they and 25 miles per hour fast enough to be Act. The agency’s analysis is essentially would otherwise have of complying capable of being used on roads with the same as that for speed-modified golf with the full range of FMVSSs for those low-posted speed limits, but also their cars, except that since only a few NEVs classes and substitutes Standard No. 500 operation on public roads is have been sold in this country, the as the only applicable FMVSS. With the commonplace. 18 (See the testimony agency must base its analysis for NEVs exception of the warning label, which regarding their on-road use in Arizona on their anticipated marketing and use. was not adopted, LSVs are required to at the agency’s first public meeting.) Not only are NEVs fast enough to be have all the safety features and Further, much of the on-road use is not capable of being used on roads with equipment proposed in the NPRM, incidental to the playing of golf. Instead, low-posted speed limits, but also they including seat belts, plus two additional many trips are made for purposes are expected to be used extensively for items added in response to comments: unrelated to golf, such as shopping or that purpose. It is further anticipated a VIN, and a reflex reflector on the rear. visiting friends. The agency notes that that much of the on-road use will not be However, as an alternative to an AS–1 Club Car, one of the larger incidental to the playing of golf. NHTSA windshield, an AS–5 plastic windshield manufacturers of golf cars, stated that believes that it is reasonable to conclude may be used. the market for and use of personal golf that the market for NEVs will be limited B. Authority and Safety Need for this cars are largely limited to the states and to the states and local jurisdictions that Final Rule local jurisdictions that permit the on- permit the on-road use of golf cars or road use of golf cars. NHTSA believes NEVs, and that virtually all users of NHTSA was presented with a variety that it is reasonable to conclude that the those vehicles will use them on the of arguments regarding its authority to market for speed-modified golf cars is road. regulate low-speed vehicles. WLF raised similarly limited, and that virtually all As in the case of speed-modified golf questions whether the vehicles covered users of those vehicles use them on the cars, the agency does not regard the by the agency’s proposal are motor road. question of whether NEVs are motor vehicles. That organization also argued Although the agency does not regard vehicles to be a borderline one. that issuing the final rule would not the question of whether speed-modified Nevertheless, the agency notes that even promote safety because there is no golf cars are motor vehicles to be a if it were, those vehicles meet several of safety problem to be addressed. borderline one, the agency notes that the key criteria considered by the Conversely, Advocates and CFA argued even if it were, those vehicles meet agency in borderline cases. 12 states that excluding small vehicles from the several of the key criteria considered by authorize their local governments to FMVSSs will create a safety problem. the agency in borderline cases. As noted permit general purpose use of golf cars AIA and Advocates stated that the above, 12 states authorize their local and/or NEVs on designated roads and agency had not adequately gathered and governments to permit general purpose another four permit more limited on- considered relevant data prior to issuing use of golf cars on designated roads and road use. A majority of those states the proposal, citing agency statements another four permit more limited on- require either that the golf cars or NEVs about the dearth of data on LSV crashes road use. A majority of those states be registered or that the user have a and about the foreign experiences with require either that the golf cars be driver’s license, or both. As originally small vehicles. manufactured, these vehicles are 18 Indeed, it is possible that the very equipped with the safety devices and 1. Low-Speed Vehicles are Motor modifications that are made to enhance on-road features required by states and local Vehicles performance could render speed-modified golf cars jurisdictions for on-road use. Further, unsuitable for golf course use if their low speed Title 49 U.S.C. Chapter 301 grants torque is increased too much. Excessive torque their top speed capability is far above NHTSA regulatory authority over could damage the turf on golf courses. the maximum average permissible speed 33206 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations specified in the voluntary industry for census of all fatalities and fatal crashes estimates. The reported incident data set golf cars intended exclusively for use on occurring on U.S. roads open to the included 19 on-road incidents between golf courses. While both NEV public and resulting in the death of an 1993 and February 1998, 14 of which manufacturers provide a device that can occupant or nonmotorist within 30 days were fatalities. All 9 of the FARS cases be used to reduce vehicle speeds to of the crash. FARS has records of nine were included in these 14 cases. These levels appropriate for golf course use, deaths of golf car occupants on the fatalities mostly occurred when the golf that device is available from one of the public roads from 1993 to February car collided with a passenger car or light manufacturers only as an item of 1998. 19 Three of the deaths occurred in truck on roadways. optional equipment. Finally, the two Arizona, three in North Carolina, one 2. A printout of death certificates in NEV manufacturers advertise their each in California, Florida and Iowa. which a golf car was mentioned. CPSC vehicles for on-road use. Eight of the nine deaths resulted when has contracts with all 50 State Health the golf car collided with a car or truck. 2. The Agency Has Authority to Departments to provide information The ninth occurred when the golf car about death certificates that mention the Regulate Anticipated as well as Current ran off the road and its occupants were Safety Problems use of certain products, including golf ejected. Data from CPSC include an cars; however, not all states reported In response to WLF’s argument, additional seven deaths in on-road during the entire period. The Death NHTSA observes that its authority is crashes not included in FARS, implying Certificate file reported 3 on-road preventive in nature. Congress has a total of 16 fatalities over a 5-year fatalities involving golf cars during the charged it with issuing standards to period. The city that has recorded the period 1993 to February 1998. One of protect the public against ‘‘unreasonable most deaths appears to be Sun City, these cases was included in the 14 cases risk’’ of crashes and of deaths and Arizona. According to an Associated mentioned above and 2 were not. Thus, injuries resulting from crashes. 49 Press story dated March 12, 1998, there there are a total of at least 16 on-road U.S.C. 30102(8) and 30111(a). This had been four deaths in golf car crashes 20 fatalities to occupants of golf cars during means that the existence of a risk is in Sun City since 1995. the period 1993 to February 1998. sufficient to justify the issuance of In addition, NHTSA obtained data standards. If the occurrence of deaths from CPSC regarding injuries and deaths 3. A summary of incidents and and injuries is reasonably anticipated, involving the operation of golf cars. This national estimates for injuries involving NHTSA need not wait until they information covers all types of golf cars, golf cars from the National Electronic actually begin to occur in large numbers and all uses (on and around golf Injury Surveillance System (NEISS) for before taking action to prevent them. courses, as well as on public streets and the years 1993 to 1997. These data are roads). CPSC provided the agency with a compilation of information derived 3. Issuance of this Rule Appropriately four different sources of information from reports of product-associated Addresses an Anticipated Safety about golf cars. Three of these were injuries treated in hospital emergency Problem relevant: departments that participate in the a. Crash Data Show a Limited Safety 1. A printout of reported incidents National Electronic Injury Surveillance Problem Involving the On-Road Use of involving golf cars. The reports are System. The NEISS estimates are Fleet and Personal Golf Cars. Crash data obtained from CPSC’s Medical calculated using data from a probability have become available since the NPRM Examiners and Coroners Alert Program, sample of hospitals with emergency showing that although deaths and Underwriters Laboratory, American departments located within the United serious injuries resulting from the on- Trial Lawyers Association, Consumers States and its territories. road use of golf cars are not numerous, Union, consumer complaints, and The following table presents incidents they are occurring. NHTSA’s Fatal newspaper clippings, and are not for ‘‘golf carts’’ reported by CPSC’s Analysis Reporting System (FARS) is a statistically reliable for national NEISS during the years 1993–1997:

NEISS REPORTED INCIDENTS [1993±1997]

Type of injury 1993 1994 1995 1996 1997 5 year total

Pedestrian injury ...... 36 19 18 16 30 119 Off-road injury ...... 96 138 145 146 168 693 On-road injury ...... 3 4 5 5 6 23 On-road fatality ...... 1 0 0 0 0 1 Rollover injury ...... 4 4 8 4 7 27 Ejection injury ...... 26 17 14 11 12 94

Total 21 ...... 100 142 149 161 174 726 21 The figures in the columns are not additive because some injuries fit into more than one category.

Based on the data in the above table, 6,808, 7,603, and 7,218 for the years follows: 7,000 injuries (national annual the agency has estimated the total 1993 through 1996. injury average for 1993–1998) × 23 (on- national injuries associated with ‘‘golf The agency estimates that there were road or vehicle-involved injuries) / 726 carts’’ of all types and uses (i.e., on-road an average of 222 on-road golf car (NEISS reported incidents 1993–1997) = as well as on golf courses) to be 6,372, injuries per year over the 5-year period. 222 annual average of national injuries. This injury estimate is calculated as

19 Although designed to be a census of all traffic submissions from CPSC include information on an Childs of the Maricopa County Sheriff’s fatalities, FARS does not contain all of the on-road additional seven deaths. Department. golf car fatalities reported by CPSC to NHTSA. The 20 This number was confirmed in a June 3, 1988 telephone conversation with Detective Jeffrey Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33207

There is only 1 fatality involving a local jurisdictions to designate public purpose on-road use of golf cars and/or golf car in the 5 years of NEISS data. roads for use of low-speed vehicles and NEVs believe that there is a need for However, based on the reported other vehicles, and especially as more safety requirements and have taken incident and death certificate data local jurisdictions use that authority, the steps to satisfy that need. Nine of those provided to NHTSA, there were 16 on- sale and use of low-speed vehicles will 12 states have mandated that those road golf car fatalities over a 5-year increase. Further, to the extent that NEV vehicles have specified safety period, an average of 3 fatalities per manufacturers are successful, it seems equipment if they are used on-road and year. likely that golf car manufacturers will a tenth state authorized its local NHTSA anticipates that the number of respond to that competition by governments to adopt safety on-road serious injuries and deaths intensifying their efforts to sell personal requirements. (See the table below.) involving occupants of fleet and golf cars whose top speed is between 15 Further, in their comments on the personal golf cars will grow with the and 20 miles per hour. growth in number and speed of the b. The States Have Adopted Laws NPRM, state officials in California, same or similar vehicles on the road. Requiring Safety Equipment on Fleet Arizona, and Iowa indicated that they The number of golf cars operated on and Personal Golf Cars Used on Public believe that the issuance of Federal public roads is currently limited. As Roads. The majority of the 12 states that safety requirements is warranted. more state legislatures authorize their have enacted legislation permitting all-

STATES PERMITTING ALL-PURPOSE GOLF CAR TRIPS ON PUBLIC ROADS WITHIN JURISDICTION OF LOCAL GOVERNMENTS

State Roads on which operation is permitted Required safety equipment

California ...... On private and public roadways designated by local gov- Local government may require safety devices. Headlamps, ernment. taillamps, reflectors, stop lamps, and brakes for night- time operation. Nevada ...... On public roadways designated by local government ...... Headlamps, taillamps, reflectors, stop lamps, mirror, brakes and an emblem placard for slow moving vehi- cles. Arizona ...... On roadways with posted speed limit of 35 mph or less ..... Headlamps, taillamps, reflectors, stop lamps, mirror, brakes, and a notice of operations and restrictions in full view of driver. New Mexico ...... On private and public roadways designated by local gov- An emblem placard or flashing yellow light for slow moving ernment. Carts may not be operated on state highways. vehicles is required. Colorado ...... On private and public roadways designated by local gov- Headlamps, taillamps, reflectors, stop lamps, mirror, and ernment. brakes. Wyoming ...... On public streets and roadways designated by local gov- Local government may require safety devices. ernment. Illinois 22 ...... On roadways designated by local governments ...... Steering apparatus, rearview mirror, front and rear red reflectorized warning devices, slow moving vehicle em- blem, headlight, brake lights and turn signals Minnesota ...... On roads designated by local government ...... Slow moving vehicle emblem and a rear view mirror. Iowa ...... On private and public roadways designated by local gov- Slow moving vehicle emblem, bicycle safety flag, adequate ernment. Carts may not be operated on primary roads. brakes. Local government may require other safety equipment. Florida ...... On private and public roadways designated by local gov- Efficient brakes, reliable steering apparatus, safe tires, ernment and in self-contained retirement communities. rearview mirror, and red reflectorized warning device in front and rear. Headlamps, taillamps, and stop lamps for nighttime operation. Georgia ...... On private and public roadways designated by local gov- None. ernment. Texas ...... On private and public roadways designated by local gov- None. ernment. 22 Passed by legislature May 6, 1998; sent to Governor June 4, 1998.

c. There is a similar, but greater manufacturers will be induced to make in those 1993–1997 crashes. As a result, anticipated safety problem involving further improvements to increase the LSV crashes will be more likely to low-speed vehicles. Largely because of consumer appeal and new result in serious or fatal injuries to their their greater speed, the potential for manufacturers may be induced to enter occupants. Further, the higher speed of growth in the numbers of LSVs, and in the market. The product improvements an LSV, while enabling a driver to pass the number of deaths and serious resulting from this competition will through risky driving situations more injuries associated with LSVs, is even likely boost sales further. Further, to the quickly, may also induce a driver to take greater. NHTSA anticipates that sales of extent that NEV manufacturers are risks in more situations. LSVs will steadily grow and that, as a successful, new manufacturers of speed- d. This rule requires safety equipment result, there will be increased exposure modified golf cars may be induced to on low-speed vehicles consistent with leading to increased numbers of serious enter the market. Since LSVs will likely their characteristics and operating injuries and deaths. While the number be faster than most of the sub-25 mph environment. Advocates and CFA were of LSVs is limited now, it will grow, vehicles on the road during 1993–1997, concerned about the risk to safety posed particularly with the introduction and the crash forces of single and multiple by a growing class of small vehicles and sale of NEVs. To the extent that the NEV vehicle crashes involving LSVs will argued that NHTSA’s actions are market expands, existing NEV tend to be greater than the crash forces contrary to its statutory mandate 33208 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations because they will exacerbate the risk. Approximately 6,000 golf cars are increased from less than 1.4 in 1976 to Their concern related to the potential driven on the roads of Sun City, while less than 1.48 in October 1998. for crashes involving small vehicles the number of golf cars registered for on- NHTSA is also aware that the safety such as LSVs and larger ones that may road use in City of Palm Desert is only requirements for kei cars have been be sharing the same roadway, and the approximately 250. Also, neither steadily increased in the 1990’s. threat that this poses to occupants of Arizona nor Sun City requires all of the Beginning in 1994, frontal crash LSVs. safety equipment (e.g., seat belts) that protection requirements had to be met NHTSA has carefully reviewed their the City of Palm Desert requires. by kei cars at 40 km/hr and by passenger argument about the effects of this Still another reason may lie in the cars at 50 km/hr. Those requirements rulemaking. LSV safety, and thus the different operating environments in the are a HIC not greater than 1000, thorax need for FMVSSs for LSVs, will be two communities. The City of Palm acceleration not greater than 60g and determined by the combination of three Desert has a more controlled femur load not greater than 10kn. The factors: vehicle design and performance; environment than Sun City for golf car test speed for the frontal crash operator training and ability; and the use. The City of Palm Desert permits on- protection requirements will become the operating environment. The agency road use of golf cars in the same lanes same (50 km/hr) for kei cars and believes that Standard No. 500, in as passenger cars and other larger motor passenger cars in October of this year, combination with a limited operating vehicles in speed zones posted for when the most recent increases in kei environment and appropriate operator speeds up to 25 miles per hour. In speed car length and width become effective. training and ability, will appropriately zones posted for speeds over 25 miles As for the two classes of voiturettes in address the safety needs of LSV users. per hour, golf cars may be operated on- Europe, the agency has learned that the With respect to the LSV itself, the road only if there is a lane designated European Union (EU) issued a directive safety goal is that the vehicle have crash for their use and if the golf car is, in fact, last year harmonizing laws in EU for avoidance and crash protection operated within that lane. By contrast, mopeds, auto-cycles, motorcycles and characteristics appropriate for its speed NHTSA understands that Sun City, motorized tricycles and quadricycles and size, and its operating environment. under state law, allows golf cars to (‘‘voiturettes’’) with respect to tires, Seat belts will afford protection against operate in the same lanes as larger lighting, signaling, mirrors, fuel tanks, ejection. In the mixed motoring traffic on any road with a maximum seat belts, and belt anchorages, washers, environment that will result when LSVs speed of 35 miles per hour. wipers, and demisters. Under the are introduced, crash avoidance will NHTSA recognizes that not all directive, a voiturette approved in one become all the more important. The operating environments may be as European country is automatically small LSV must be easily detectable by controlled as that of the City of Palm marketable in all 14 other member drivers of larger vehicles. The Desert. The agency encourages other states. requirements for lamps and reflectors states and municipalities to study the The critical point, however, should enhance the conspicuity of features of the City of Palm Desert’s concerning the Japanese kei cars and the LSVs. Further, the LSV must have plan, and to adopt those features to the faster class of voiturettes is that they are sufficient capability to move out of the extent practicable. not similar to LSVs and their way of faster traffic. LSVs designed to 4. The Agency Has Appropriately experiences are not directly relevant. travel at speeds approaching 25 miles Considered the Experience of Foreign Their operating characteristics and per hour will give them greater ability Small Vehicles environment are so different from those than fleet and personal golf cars to of LSVs that the experiences of those In the NPRM, the agency noted that maneuver in and out of on-road foreign cars are not predictive of the small, but generally higher speed situations that threaten them, e.g., when experiences of LSVs. The kei cars and passenger vehicles were being marketed passing through an intersection after TQM voiturettes can travel at in Japan (‘‘kei’’ cars) and France stopping at a stop sign or when turning approximately twice the speed of LSVs (Voiture Sans Permis (VSP) and left across lanes for oncoming traffic. and have a much longer operating range. Tricycles et Quadricycles a Moteur With respect to the operator, the Further, their operating environment is (TQM)). Within the limits of its safety goal is that the driver be familiar not nearly so restricted by law as that knowledge at the time of the NPRM, the with the operating characteristics of the of LSVs. LSV so that he or she may drive agency described the physical attributes appropriately to minimize the of these vehicles and some of the C. Safety Engineering Issues possibility of rollover, or hitting a operating limitations. There were a number of issues pedestrian or other vehicle. States can Advocates responded to this involving scope of the standard and the contribute to driver safety by requiring discussion in the NPRM by arguing that equipment that would be required. LSV operators to be licensed. the agency had not adequately The driving environment should be considered these foreign experiences 1. Speed Range of Motor Vehicles appropriate to the vehicle and its with small vehicles. Since the NPRM, Subject to This Standard. characteristics. Limitation of LSV use to the agency has obtained additional a. Minimum Threshold of 20 Miles low-speed city and suburban streets is information regarding both kei cars and Per Hour. The NPRM proposed to necessary, but not eliminate the safety the French voiturettes. The limits on regulate golf cars with a top speed range risks. In this regard, the agency notes length, width and engine displacement of 15 to 25 miles per hour, and other 4- that there have been four fatalities in of kei cars have been steadily eased over wheeled motor vehicles, other than golf car crashes in Sun City, Arizona. the last 20 years. Limit on engine vehicles with work-performing Conversely, none have occurred in the displacement has increased from less equipment, with a top speed of up to 25 City of Palm Desert. than 360 cc prior to 1976, to less than miles per hour.23 The final rule applies There are a number of possible 550 cc in 1976, to less than 660 cc in to a smaller group of vehicles, i.e., 4- reasons for the reported different safety 1990. Length limits have increased wheeled motor vehicles, other than records of these two cities. A very large slightly, from approximately 3.2 m in difference in the number of golf cars 1976, to 3.3 m in 1990 to 3.4 m in 23 Motorcycles are already subject to a variety of used on-road may be one reason. October 1998. Width limits have slightly FMVSSs. Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33209 trucks, with a top speed of 20 to 25 percentage of its personal golf cars with on-road users of those golf cars. The miles per hour. that top speed. Further, Club Car gave agency recognizes that the limited In issuing the NPRM, NHTSA did not no indication in that comment that it number may partially reflect the intend to regulate conventional golf produced any fleet golf cars with such currently limited extent of general on- cars. To carry out that intent, the agency a top speed. However, in response to road use of golf cars. However, NHTSA proposed to include only those vehicles this agency’s May 1998 inquiry about believes that it also reflects the efforts whose maximum speed exceeded 15 the percentage of fleet and personal golf being made by state and local miles per hour. That speed was selected cars with a top speed above 15 miles per governments to regulate the safety of the on the basis of information indicating hour produced by each of the major on-road use of golf cars. Even as the that fleet and personal golf cars had a NGCMA members, NGCMA stated in a number of golf cars used on-road maximum speed of 15 miles per hour. telephone conversation on June 3 that 1 increases, there will be less reason for As noted above, standard Z130.1, the percent of Club Car’s fleet golf cars, and safety concern about vehicles whose industry standard for golf cars to be 75 percent of its personal golf cars, have maximum speed is 15 to 20 miles per ‘‘used solely on golf courses’’ (paragraph a top speed between 15 and 20 miles per hour than about vehicles whose 1.1), contains a specification for hour. None of the other large members maximum speed is 20 to 25 miles per ‘‘Maximum vehicle speed’’ (paragraph produce any golf cars with such a top hour. This is because, as also noted 9.6.1). That specification states that speed. Prior to that conversation, above, the potential crash energy of a when a golf car is operated on a straight NGCMA had not explicitly stated that vehicle traveling 20 to 25 miles per hour track at maximum speed, once in either any of its members currently produce is significantly greater than one direction, the ‘‘(t)he average speed [of golf cars exceeding 15 miles per hour. traveling at less than 20 miles per hour. the two runs] shall not exceed 15 mi/h However, NGCMA did suggest in its By excluding fleet and personal golf (24 km/h)’’ (paragraph 9.6.1.3). post-NPRM submissions that personal cars from the standard’s applicability, Accordingly, the agency tentatively golf cars be defined as having a top NHTSA emphasizes that it has not concluded that if a golf car had a top speed between 15 and 20 miles per hour decided or implied that these vehicles speed greater than 15 miles per hour, and explicitly stated that none of its should not be subject to any safety that capability evidenced an intent that members are now manufacturing regulation by state or local authorities. the golf car be operated on the road as personal golf cars capable of exceeding Moreover, since the agency is not well as on golf courses. Further, 20 miles per hour. treating those vehicles as motor NGCMA stated at the July 25, 1996 In light of this new information and vehicles, its standard setting activities public meeting that ‘‘100 percent’’ of the on further consideration, the agency has cannot pre-empt any such state or local golf car manufacturers adhered to the decided to limit the application of regulation. State and local jurisdictions standard. This statement led the agency Standard No. 500 to vehicles whose top may continue to adopt such safety to believe that virtually all fleet and speed is between 20 and 25 miles per equipment requirements as they deem personal golf cars met the industry hour. This decision carries out the appropriate for vehicles, including golf standard. agency’s original intent of excluding cars, with a maximum speed of 20 miles The submissions by the golf car virtually all conventional golf cars from per hour or less. industry after the NPRM contained the standard. b. Upper Limit of 25 Miles Per Hour. significant new information. While the The agency believes that 20 miles per NHTSA notes Advocates’ apprehension pre-NPRM information represented the hour is a better dividing line between that there might be a future increase in annual fleet of new golf cars as an vehicles designed for use on the golf the upper speed threshold for low-speed essentially homogeneous, course and vehicles designed for on- vehicles. This issue was discussed in undifferentiated collection of vehicles, road use. The conventional golf cars the City of Palm Desert meeting (see text the post-NPRM information drew whose top speed is between 15 and 20 of Transcript, beginning at p. 17). There distinctions between a variety of miles per hour have a body and was no sentiment for increasing the subgroups within the new golf car fleet. understructure ver similar to that of permissible speed for on-road golf cars One distinction was made between fleet conventional golf cars whose top speed beyond 25 miles per hour. Further, golf cars and personal golf cars. Another is less than 15 miles per hour. Further, while the agency cannot predict the and more important distinction was while the speed differential between future, it does not contemplate the made between the vast majority of golf those two groups of golf cars creates a possibility that future circumstances cars that have a top speed of about 12 significant difference in their potential might justify increasing the upper miles per hour versus the much more crash energy, the energy in the 15 to 20 threshold for LSVs. Even if it did occur, limited, but not insignificant number of mile-per-hour range is still modest the changed circumstances would cause golf cars that have a top speed of 15–20 compared to that of LSVs. As noted the agency to examine significantly miles per hour.24 above, golf cars with a top speed of less narrowing the differences between the In its February 1997 comment on the than 15 miles per hour reportedly have safety requirements for LSVs and NPRM, Club Car, the second largest a top speed of about 12 miles per hour. passenger cars.25 In this regard, as member of NGCMA, confirmed that it Those golf cars with a top speed NHTSA has already noted above, the produces personal golf cars whose top between 15 and 20 miles per hour are steady increase in Japanese kei car size speed is between 15 and 20 miles per believed by the agency to have a top and engine displacement has resulted, hour. It did not specify, however, the speed of approximately 17 to 18 miles effective in October of this year, in the per hour. elimination of any difference between 24 In submissions made after the NPRM, NGCMA The practical safety effects of raising the frontal crash protection safety stated that sales of new golf cars are divided into the speed threshold does not appear to requirements for kei cars and those for two categories; ‘‘fleet golf cars’’ and ‘‘personal golf cars.’’ Fleet golf cars are sold directly to golf be extensive. Data obtained since the passenger cars. Finally, the agency notes courses. They comprise approximately 89 percent NPRM regarding the limited number of of sales. In an April 16, 1998 letter, NGCMA fatalities associated with on-road use of 25 NHTSA notes that in the 30 years since the estimated that fleet golf cars have a maximum speed fleet and personal golf cars indicate that creation of the motor-driven cycle subclass, there of approximately 12 miles per hour or less. Personal has not been any increase in the level of golf cars are sold to individuals, and comprise the state and local governments are horsepower that divides those vehicles from other approximately 11 percent of sales. adequately providing for the safety of motorcycles. 33210 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations that it would not be appropriate for it to of seat belt design and seat belt recently, in a March 12, 1998 Associated issue this final rule just because of the mounting and attachment methods.’’ It Press story, Detective Jeffrey Childs of possibility that there may be future estimated that a minimum of 24 to 36 the Maricopa County (Arizona) Sheriff’s requests for the agency to take months would be needed for that Department was reported as saying that additional actions. purpose. use of seat belts in golf cars would NHTSA is aware that a state In its December 22, 1997 submission prevent injuries and deaths. Maricopa legislature could define NEVs as to the docket, NGCMA clarified its County includes Sun City, which, as vehicles capable of speeds in excess of previous statements and indicated that noted above, was the site of four golf car 25 miles per hour. The agency the industry does not manufacture golf crash fatalities between 1995 and the emphasizes that the enactment of such cars that exceed 20 miles per hour, and date of that story. Detective Childs definition would have no impact upon asked that golf cars incapable of reportedly stated his belief that the last the Federal definition of LSV, or on the exceeding that speed not be required to person killed in a Sun City golf car applicability of Standard No. 500. Any be equipped with seat belts. crash, a woman thrown from her golf car NEV or other small passenger vehicle Subsequently, over 30 dealers and when it was struck by a passenger car, whose maximum speed is higher than distributors informed NHTSA that if the would have survived had she been 25 miles per hour would not qualify as agency limited the seat belt requirement wearing a seat belt. He also noted more an LSV. Accordingly, it would have to as requested by NGCMA in its December generally, ‘‘(w)e’ve had incidents where comply with the full range of Federal 1997 letter, they would not oppose the they’ll take a corner too fast and get motor vehicle safety standards issuance of an LSV final rule. (March pitched out * * *. At that age, that’ll applicable to its type. As noted above, 20, 1998 letter from Eileen Bradner, kill them.’’ such a vehicle would most likely be Counsel to Club Car, Inc.) Given that Further, seat belt installation classified as a passenger car, and be this final rule does not apply to the golf continues to have support in the City of subject to the full range of FMVSSs for cars that concerned the industry and its Palm Desert. The agency notes that passenger cars. dealers, i.e., golf cars incapable of although California eliminated its exceeding 20 miles per hour, the golf car requirement that local golf car 2. Seat belts industry’s concerns about seat belts and transportation plans include a The proposed requirement for seat golf cars have been resolved. requirement for seats belts, the City of belts is supported by the two known Nevertheless, it is necessary to Palm Desert has retained its seat belt manufacturers of NEVs, both of which address the safety value of requiring seat requirement. advertise their vehicles as being belts in speed-modified and custom golf The agency concludes that the equipped with seat belts, and is not cars whose speed capability exceeds 20 primary value of seat belt use in LSVs opposed by dealers who produce speed- miles per hour, thus qualifying them as will be in reducing the frequency and modified golf cars with a top speed LSVs. WLF argued that the use of seat severity of injuries in non-rollover greater than 20 miles per hour. belts by golf car users would lead to crashes of LSVs by preventing occupant Based primarily on the fact that the decreased, instead of increased, safety. ejection. NHTSA estimates that 12–13 proposal would have applied to those Seat belts reduce occupant ejection percent of the fatalities and injuries in golf cars capable, as originally from all types of vehicles. They are on-road crashes of golf cars involved manufactured, of exceeding 15 miles per highly effective in preventing occupants ejection of the golf car occupants. The hour, golf car manufacturers and dealers of open vehicles from falling out during importance of preventing ejection may initially strenuously opposed requiring abrupt maneuvers and in preventing or also be seen from examining FARS data. seat belts. According to NGCMA: reducing ejection from both closed and Although those data relate to vehicles with higher speed capability and, in such a requirement in a golf car as presently open body vehicles in crashes. This is important for safety since ejection onto most instances, with enclosed occupant manufactured is not necessarily going to compartments, they are nevertheless provide increased safety to occupants but hard road surfaces in traffic instructive. Those data show that the may enhance the risk of injury or even death substantially increases the likelihood of likelihood of a vehicle occupant’s being if the occupant is restrained in the vehicle by death or serious injury. a seat belt assembly upon rollover. Support for seat belts in golf cars has killed if ejected is 4 times greater than the likelihood of being killed if the Engineering consensus is seat belts on golf been expressed in Sun City, Arizona, occupant remains within the vehicle. cars are inappropriate as is the case with the scene of four golf car crash fatalities motorcycles, ATVs, snowmobiles and Seat belts are 99 percent effective at between 1995 and early 1998, and in personal watercrafts. An optional passenger preventing full ejection and 86 percent nearby Sun City West. In 1996, the Sun roof may be affixed to a golf car for weather effective at preventing partial ejection. City West Property Owners-Resident protection, but the roofs so installed do not Even if these compelling data are Association and Sun City Homeowners comply with standard ROPS [rollover discounted to reflect differences in the protection system] criteria. Association reportedly responded to a vehicle populations being compared, Golf cars are equipped with a standard hip perceived increase in the number of golf they still lead the agency to determine or hand hold restraint located towards the car crashes by asking local golf car that seat belts will enhance the safety of outside of the seat. However, the hand hold dealers and distributors to install seat LSV occupants in non-rollover crashes. does not prevent the occupant from jumping belts in all golf cars used on public or leaping out of the golf car to avoid further In on-road rollover crashes, the LSV injury if the golf car is about to roll over. For roads. (The Arizona Republic/The 26 occupants are likely to be injured, this reason, NGCMA submits that in lieu of Phoenix Gazette, July 15, 1996). More perhaps seriously, regardless of whether a seat belt requirement for golf cars, a hand 26 they are belted or unbelted. The agency hold or hip restraint should be required as set In a May 27, 1998 telephone conversation with does not believe that the frequency or forth in ANSI/NGCMA Z130.1 an agency official, Mr. Paul Schwartz, Chairman of the Transportation Committee, Sun City severity of on-road rollover injuries will In its February 21, 1997 comments on Homeowners Association, Inc., said his association increase if LSV occupants use seat belts. the NPRM, NGCMA sought a delay in continued to support seat belts. In a May 28, 1998 The conjectures by some commenters telephone conversation, Mr. Noel Willis, President the implementation of the proposed of the Sun City West Property Owners-Residents that it would be valuable to be able to standard to give the industry time to Association, said his association has no position on jump out of an LSV are unsubstantiated study ‘‘occupant dynamics and a review seat belts in golf cars. speculation that is especially Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33211 unpersuasive given the volume of data scratches. However, given the industry’s subject to the FMVSSs. In their opinion, showing that ejection is extremely concern in its comments on the NPRM VINs are necessary for state registration dangerous and that seat belts are that golf car safety might be and licensing, and for effective and remarkably effective at preventing compromised were their windshields to efficient safety enforcement regulation ejection. NHTSA notes that there may be cracked by errant golf balls, the and recalls. Further, VINs could prove be less opportunity for, and less agency looked for acceptable a useful tool in NHTSA’s monitoring of potential benefit from, attempting to alternatives. the record of LSVs. jump out of an overturning LSV The agency conducted a series of tests The agency agrees with these traveling down a road than one being on various types of glazing materials comments and has added a VIN to the driven on a golf course. Even if there is using a projectile to simulate the impact list of required safety features. A VIN is sufficient time for some occupants to of a golf ball. One type was AS–1 necessary to assure timely and correct jump out of a golf car during a rollover glazing. The AS–1 glazing effectively data collection of LSV crashes, and to at speeds under 15 miles per hour on a stopped a golf ball from penetration at assure that the data is electronically golf course, there is less likely to be an the fastest velocities at which a golf ball searchable. Additionally, because LSVs, opportunity to do so during a rollover is likely to travel after being driven off as motor vehicles, will be subject to the at 20 to 25 miles per hour. This seems a tee by the average male golfer. statutory notification and remedy especially true if an LSV rolls over on However, the impact caused glass (recall) requirements, equipping LSVs a road as a result of being struck by a fragments of the reverse side of the with VINs will also aid in identifying larger, faster moving vehicle. Further, glazing to be flung into the passenger the vehicle population involved in a jumping out of an LSV traveling down compartment, creating a possible safety given recall and assuring that owners a road at speeds up to 25 miles per hour risk for occupants. are notified of safety-related defects and onto the hard surface of that road in Another series of tests was conducted noncompliances with this standard. traffic is more likely to cause serious on an AS–6 motorcycle windshield The commenters suggested that Table injury than jumping out of an LSV made of ‘‘Lucite.’’ When this acrylic 1 of Sec. 565.4, 49 CFR, should also be traveling at a speed of 15 miles per hour plastic windshield was impacted at amended to allow for the use of special or less onto the surface of a golf course. approximately 120–125 miles per hour, characters designating a vehicle as an NHTSA also notes that people using it shattered. LSV. This would avoid any confusion in seat belt equipped golf cars need not Finally, a series of tests were identifying LSVs and other vehicles in wear the seat belts while driving on a conducted on polycarbonate plastic crash reports. The agency is interested golf course. glazing at speeds up to 225 miles per in this suggestion, and will consider it Based on these considerations, the hour. No penetration, clouding, or as a possible candidate for future agency concludes that it is desirable to cracking/shattering occurred. rulemaking. require seat belts in LSVs. The agency After reviewing these tests and the Both commenters also recommended notes that States and local jurisdictions ANSI standard, the agency judged that that LSVs be required to be equipped are free to require safety belts on golf AS–5 glazing is preferable to AS–6 with a horn. The City of Palm Desert cars whose top speed does not exceed glazing for use as a golf car windshield. and Roseville, California require a horn 20 miles per hour. The specifications for the two types of because of the potential safety hazard NHTSA will monitor the safety record glazing are similar except that, unlike posed by silent electric vehicles to other of LSVs manufactured in compliance the AS–6 specifications, the AS–5 users of the roadway, such as with Standard No. 500. Although the specifications include an additional pedestrians and bicyclists. The CHP agency does not expect that crash data abrasion test that precludes acrylic stated that the horn should be capable will bear out WLF’s concerns, NHTSA, plastic windshields. While AS–4 glazing of emitting a sound audible under together with State and local authorities, specifications also include the normal conditions from a distance of will respond appropriately if any additional abrasion test, they do not not less than 200 feet, but that it should changes are needed. include the dart drop test requirement not be unreasonably loud or harsh. in the AS–5 specifications. The agency The NPRM did not propose including 3. Windshields decided, therefore, to change the a horn because there is no requirement The golf car industry argued that standard to provide LSV manufacturers in the FMVSSs that other motor vehicles installation of an AS–1 windshield with a choice between AS–1 and AS–5 be equipped with one. A horn is an would require modification of the windshields. NHTSA is retaining AS–1 equipment item that has been standard windshield mounting brackets, would glazing as an option since some LSVs equipment on every motor vehicle since add weight to the upper area of a golf may not be intended for golf course use the earliest days of motor vehicles. car, thereby increasing the likelihood of at all. In this regard, the agency notes Accordingly, there does not appear to be its rollover, and would be easily that the device for limiting speed to any need to require one for LSVs. shattered if struck by a golf ball. levels appropriate for golf course use is Moreover, local jurisdictions, such as Accordingly, the industry recommended not standard equipment, but a several the City of Palm Desert, may adopt their allowing a ‘‘shatter resistant polymer’’ hundred dollar option, on the vehicles own requirements for a horn, including windshield as a substitute. of one NEV manufacturer. LSV requirements regulating its performance. Although NHTSA’s reference manufacturers which intend and equip NHTSA also proposed that LSVs be standard, the City of Palm Desert their vehicles for golf course use as well equipped with a permanently affixed requirements, did not specify the type of as on-road use can choose AS–5 glazing label warning the driver against glazing to be used in a windshield, for their windshields. operating the vehicle at speeds over 25 NHTSA tentatively decided that safety miles per hour. As stated in the NPRM, would be enhanced by requiring a 4. VINs, Horn, and Warning Label the purpose of the label was to ensure passenger car-type windshield, i.e., by Bombardier (008) and CHP (013) that the driver of an LSV modified so requiring AS–1 glazing. One basis for recommended that the new class of that its top speed exceeds 25 mph this tentative decision was that AS–1 motor vehicle be required to have a would have a permanent reminder that glazing is not subject to diminution of Vehicle Identification Number (VIN), as the vehicle was not designed to be light transparence through haze and do other classes of motor vehicles operated at speeds greater than 25 mph. 33212 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations

The agency has decided not to adopt behind can detect them in a timely the concomitant risk of leaking of fuel this proposal. The underlying problem fashion. TSEI also asked for or caustic fluids into the passenger is addressed by the prohibition in the identification of LSVs with a compartment in the event of a rollover. Vehicle Safety Act against commercial conspicuity device that would make it Finally, the agency intends to entities making inoperative any safety clear that these vehicles are operating at examine the appropriateness of feature required by the FMVSSs, lower speeds. Ziolo suggested that they specifying strength requirements for seat including the feature(s) limiting an be equipped with a high-intensity belt anchorages in LSVs. LSV’s top speed to not more than 25 flashing yellow lamp on the rear or on D. Compliance with other Statutory miles per hour. Further, if a person the top. SMV Technologies Requirements Relating to Safety and decided to purchase a speed-modified recommended a retroreflective orange LSV, notwithstanding the presence of triangle to be applied front and rear. with Federal Statutes Regulating Non- the label, having a permanent reminder NHTSA will examine these suggestions. Safety Aspects of Motor Vehicles is unlikely to dissuade the owner from For the present, in consideration of 1. Other Statutory Requirements operating that vehicle in excess of 25 these comments, it has added a rear Relating to Safety miles per hour. reflex reflector to Standard No. 500’s This rulemaking places NEVs and golf required lighting equipment. 5. Other Areas of Safety Performance; NHTSA will also further examine cars capable of exceeding 20 miles per Future Considerations braking performance issues as part of its hour in a new class of ‘‘motor vehicles,’’ NHTSA will monitor the safety record crash-avoidance standards review. and excludes them from the FMVSSs of LSVs as the use of those vehicles The agency is also interested in that they would otherwise have to meet. increases. The agency will also consider considering further the appropriateness Notwithstanding their classification as whether Standard No. 500 meets the of applying other small-vehicle LSVs, instead of passenger cars, these anticipated safety needs of LSV users. standards to LSVs, particularly with NEVs and golf cars remain subject to As the agency noted above, crash reference to occupant protection in other safety statutes and regulations avoidance considerations make it crashes and safety from propulsion implementing Chapter 301 that establish important that small vehicles be readily systems after crashes. The first of these obligations for manufacturers of ‘‘motor detectable by other drivers in the traffic standards is the golf car industry vehicles,’’ such as the requirement to stream. Although LSVs are expected to standard, Z130.1. Although this file an identification statement under be somewhat larger than other small standard is predicated on a vehicle Part 566, Manufacturer Identification; to vehicles sharing the roadways with maximum speed of 15 miles per hour, certify vehicles pursuant to Part 567, them, e.g., motorcycles and bicycles, it the standard contains tests and Certification; to provide notification and is difficult to ensure that drivers of procedures that warrant examination remedy of safety-related defects and larger vehicles are aware of smaller with respect to vehicles with a noncompliances (49 U.S.C. §§ 30118– vehicles that may be sharing the maximum speed of 20 to 25 miles per 30120; Part 573, Defect and roadway. Smaller vehicles can more hour. For example, requirements are Noncompliance Reports; and Part 577, easily get lost in the rearview blind specified for static stability in both Defect and Noncompliance spots, or be obscured by an A-pillar longitudinal and lateral test attitudes Notification); to retain records (Part 576, when turning in front of larger vehicles (9.6.3) and service and parking brake Record Retention); and to provide from the opposite direction. To offset performance (9.6.4). Service brake consumer information (Part 575, this problem, motorcycles are performance tests are conducted on a Consumer Information Regulations). manufactured today so that their horizontal flat surface at maximum However, since LSVs are excluded from headlamps are on (or on and vehicle speed. Specifications are also the requirement of Standard No. 110 modulating) when the ignition is on specified for battery installation (9.7) that they be equipped with tires during daytime operation as a means of whose impact containment is complying with Standard No. 109, enhancing the conspicuity of cyclists, demonstrated under a dynamic test in NHTSA regards Part 574, Tire who are also advised to wear bright which a golf car is propelled at Identification and Recordkeeping, as colored clothing. maximum speed into a concrete or steel inapplicable to manufacturers of LSVs, NHTSA intends to examine the barrier in both forward and reverse notwithstanding that LSVs are ‘‘motor Federal lighting requirements presently directions. Golf cars are also subject to vehicles.’’ applicable to motor driven cycles to specifications for wiring systems 2. Federal Statutes Regulating Non- judge their appropriateness and (paragraph 10.1, for electric-powered Safety Aspects of Motor Vehicles feasibility for LSVs, and to consider vehicles; paragraph 11.1, for gasoline- whether any of the LSV lighting powered vehicles) and heat-generating NHTSA’s vehicle safety program is equipment should be required to meet components (paragraph 10.2, for electric but one of a number of Federal performance specifications such as golf cars; paragraph 11.2 for others). regulatory programs affecting motor those of the SAE or those currently Gasoline-powered golf cars are also vehicles. Others include NHTSA’s fuel included in Standard No. 108. The subject to specifications for fuel systems economy, theft, property damage agency will also consider the (paragraph 11.3) whose impact reduction (bumpers), and domestic suggestions of some commenters. TSEI containment is demonstrated in frontal content labeling programs, and the (018), CHP (028), Brownell (035), Ziolo and reverse barrier tests at maximum Environmental Protection Agency’s (040), and SMV Technologies (068) were speed. These latter include containment emissions program. Having been able to concerned that, if lighting equipment in a roll-over situation. use the discretion granted the agency by were not required to comply with NHTSA will also follow the ongoing the Vehicle Safety Act to tailor the minimum Federal regulations for signals SAE efforts to develop a standard FMVSS to the particular safety problems and visibility as well as physical applicable to ‘‘closed community and compliance capabilities of low- endurance requirements, the danger of vehicles.’’ It is anticipated that this speed vehicles, NHTSA has considered crashes will increase. standard will address rollover whether the Congressional statutes A further issue is whether the drivers characteristics of small vehicles with regulating various non-safety aspects of of vehicles approaching LSVs from relatively high centers of gravity, and motor vehicles give the agency similar Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33213 discretion to determine whether and to subject to certain important limitations notes that while it has the responsibility what extent low-speed vehicles should discussed below. for setting fuel economy standards, the comply with the requirements of those A manufacturer that produces LSVs procedures for measuring and statutes. from various parts at a final assembly calculating fuel economy are established a. Theft. NHTSA issued Part 541, point is subject to Part 583 in the same by EPA. See 49 U.S.C. 32904. Federal Motor Vehicle Theft Prevention manner as manufacturers of passenger NHTSA enforces the fuel economy Standard, pursuant to 49 U.S.C. Chapter cars and light trucks. The manufacturer standards based on information 331, Theft Prevention. The purpose of is required to affix the required label developed by EPA under those the standard is to reduce the incidence containing content information to all procedures. However, the present EPA of passenger motor vehicle thefts by new LSVs.27 The manufacturer must test procedure specifies that test facilitating the tracing and recovery of calculate the information for the label vehicles must operate during testing at parts from stolen vehicles. The standard by using information provided to it by speeds that are above the capability of seeks to facilitate such tracing by suppliers. Under Part 583, the LSVs. Accordingly, the procedure requiring marking of major component manufacturer is required to request its cannot be used to measure the fuel parts of higher theft vehicle lines. suppliers to provide the relevant economy of these vehicles. While LSVs subject to Standard No. content information specified in Part NHTSA will not enforce fuel economy 500 would be passenger motor vehicles 583, and the suppliers are required to standards, or regulations related to those under Chapter 331, NHTSA believes provide the specified information in standards (e.g., reporting requirements) there would not, for the immediate response to such requests. The agency for any vehicles for which EPA does not future, be any reliable way of evaluating notes that it recently issued a letter of have procedures for measuring and their likely theft rates. This is because interpretation (dated March 5, 1998, and calculating fuel economy. LSVs do not currently exist as a vehicle addressed to Erika Z. Jones, Esq.) Manufacturers of LSVs, including class, and they are sufficiently different concerning how Part 583 applies to modifiers of golf cars, should contact from other classes of vehicles to make electric vehicles. This letter is available EPA concerning their emissions comparisons related to theft unreliable. on NHTSA’s website. responsibilities and concerning any Thus, it could not be determined The agency has concluded that Part changes in that agency’s procedures for whether their rates were high enough to 583 does not, however, apply to dealers measuring and calculating fuel subject them to parts marking. and entities that modify golf cars so that economy. Given that application of the Theft their top speed is increased so that it is d. Bumper Standards. Under 49 Prevention Standard is necessarily between 20 and 25 mph. This U.S.C. Chapter 325, Bumper Standards, dependent on making determinations conclusion is based on the overall NHTSA is required to issue bumper concerning theft rates, the agency has structure of the AALA. The agency standards for passenger motor vehicles. decided not to apply the standard to notes that it considered a similar issue The purpose of that chapter is to reduce LSVs until there is sufficient in promulgating Part 583. NHTSA economic loss resulting from damage to passenger motor vehicles involved in information to make such decided that alterers are not covered by determinations. Once sufficient motor vehicle crashes. Under 49 U.S.C. the Act. The agency explained: information becomes available, NHTSA § 32502(c), the agency may, for good ‘‘Alterers modify completed vehicles, will revisit this issue. cause, exempt from any part of a after they have left the manufacturer’s b. Content Labeling. The American standard a multipurpose passenger final assembly point. The parts they use Automobile Labeling Act (AALA), vehicle or a make, model, or class of a are not considered equipment by [the codified at 49 U.S.C. § 32304, requires passenger motor vehicle manufactured AALA], because they are never shipped passenger motor vehicles to be labeled for a special use, if the standard would to the final assembly point.’’ 59 FR with information about their domestic interfere unreasonably with the special 37321; July 21, 1994. The agency notes and foreign content. More specifically, use of the vehicle. the Act generally requires each new that while the golf cars these dealers NHTSA’s regulations implementing passenger motor vehicle to be labeled and other entities would be modifying Chapter 325 are set forth in Part 581, with the following five items of are not considered motor vehicles prior Bumper Standard. The standard applies information: (1) U.S./Canadian parts to the modification, they are to passenger motor vehicles other than content, (2) major sources of foreign nonetheless completed vehicles after multipurpose passenger vehicles. The parts content, (3) the final assembly they have left the final assembly point. agency has not applied Part 581 to point by city, state (where appropriate), Therefore, NHTSA believes it is multipurpose passenger vehicles and country; (4) the country of origin of appropriate to apply the same result as because of concerns that the standard the engine parts, and (5) the country of it reached for alterers. could interfere with the use of these origin of the transmission parts. The Act c. Corporate Average Fuel Economy. vehicles, particularly with respect to off- specifies that the first two items of NHTSA observes that LSVs are expected road operation. information, the U.S./Canadian parts to have very high fuel economy because In the NPRM, NHTSA proposed to content and major sources of foreign of their small size. Accordingly, a fleet conclude that LSVs are not passenger parts content, are calculated on a consisting solely of LSVs should not motor vehicles within the meaning of 49 ‘‘carline’’ basis rather than for each have any difficulty meeting the U.S.C. Chapter 325, and that the bumper individual vehicle. NHTSA’s corporate average fuel economy standard is therefore not applicable to regulations implementing the AALA are standards applicable to passenger motor LSVs. On further consideration, the set forth in Part 583, Automobile Parts vehicles and light trucks pursuant to 49 agency has decided that it cannot make Content Labeling. U.S.C. Chapter 329, Automobile Fuel that conclusion consistent with Chapter NHTSA notes that the LSVs subject to Economy. The standards are set forth at 325. However, NHTSA has concluded Standard No. 500 come within the 49 CFR Parts 531 and 533. The agency that the special use rationale for not definition of ‘‘passenger motor vehicle’’ applying the Bumper Standard to 27 A manufacturer that produces a total of fewer under the AALA. Therefore, than 1000 passenger motor vehicles in a model year multipurpose passenger vehicles also manufacturers of LSVs are necessarily is subject to more limited labeling requirements. applies to LSVs subject to Standard No. subject to the requirements of Part 583, See 49 CFR § 583.5(g). 500. Many of these vehicles are golf cars 33214 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations or are largely derived from golf cars. All restrictions on those modifications. As to the costs of producing NEVs and or most are currently intended for both Prior to the effective date, those speed other LSVs in compliance with on-road and off-road use. Application of modifications have the effect of Standard No. 500, the significance of the Bumper Standard to these vehicles converting the golf cars into passenger those costs can be fully appreciated only could interfere with off-road operation, cars, making it necessary for the by comparing them with the costs that e.g., the need of these vehicles to modifiers to conform the golf cars to the the manufacturers of those vehicles negotiate the uneven terrain of a golf FMVSSs for passenger cars. Since such would have had to bear in the absence course. Therefore, the agency finds good conformance is not practicable, of this rulemaking. If the agency had cause for exempting them from part 581. modifiers are currently legally unable to adopted the regulatory option of making no change in its regulations and V. Effective Date. increase the top speed of golf cars above 20 miles per hour. Beginning on the standards, LSV manufacturers would The agency has decided to make its effective date, the legal obligations of have been subject to the considerably vehicle classification changes and new the modifiers under the Vehicle Safety more costly array of passenger car Standard No. 500 effective upon the Act are significantly reduced. Instead of standards. publication of this final rule in the being responsible for conforming the As discussed previously in this Federal Register. These actions relieve golf cars with the FMVSSs for passenger document, manufacturers of both the a restriction on the manufacturers of cars, the modifiers will be responsible Bombardier NEV and Global Electric LSVs. They do so by bringing an for conforming them with the less MotorCars NEV have designed their immediate end to the regulatory conflict extensive array of requirements vehicles to incorporate basic safety between State and local laws on the one applicable to LSVs. equipment such as three-point seat hand and Federal laws on the other, and In consideration of the foregoing, the belts, headlamps, and stop lamps before replacing the current impracticable and agency has decided to make this final NHTSA’s first public meeting in July overly extensive set of Federal rule effective upon the publication of 1996. In response to the NPRM, requirements with a set that is more this final rule in the Federal Register. Bombardier termed the City of Palm appropriate and reasonable for this new, For the reasons discussed above, Desert’s requirements ‘‘entirely emerging class of vehicles. NEV NHTSA finds that there is good cause practicable’’ and remarked that ‘‘Indeed, manufacturers and modifiers of golf cars for setting an effective date earlier than Bombardier currently complies with wish to have the opportunity to begin 180 days after issuance of the final rule these existing state safety equipment the manufacture and sale of vehicles is in the public interest. Accordingly, requirements’’ (008). Although Global complying with the new standard as the final rule becomes effective upon Electric MotorCars’ predecessor, Trans2, soon as possible. publication in the Federal Register. was silent on the subject, its lack of The golf car industry’s initial 36- comment and request for ‘‘expedited month lead time request was based VI. Rulemaking Analyses and Notices rulemaking’’ leading to a final rule by upon the proposed lower threshold of Executive Order 12866 and DOT ‘‘June 1997’’ has been read to mean that 15 miles per hour, the industry’s Regulatory Policies and Procedures it, too, found compliance with Standard opposition to seat belts and its wish to No. 500 to be practicable (007). develop and implement an integrated This action is not significant under In NHTSA’s judgment, the final rule rollover protection system that might Executive Order 12866 and has not been will not affect golf car manufacturers require modifications to its existing reviewed by the Office of Management since it applies only to vehicles with a vehicle designs. In its December 22, and Budget under that Executive Order. top speed of more than 20 miles per 1997 letter, NGCMA shortened the Further, this action is not significant hour and the industry has represented requested lead time to 6 to 12 months, under the Department of that it does not manufacture any such provided that seat belts were not Transportation’s Regulatory Policies and vehicles. Should a golf car ever be required for their golf cars as originally Procedure. NHTSA has prepared and modified to have a top speed capability manufactured. This request, like the docketed a final regulatory evaluation of 20 to 25 miles per hour, it would then first, was based on the proposed 15- (FRE) for this final rule. be subject to Standard No. 500. mile-per-hour threshold. As noted Since LSVs are a new type of motor In November 1993, the City of Palm above, the lower threshold has been vehicle, it is not possible to determine Desert initiated a survey of golf car raised to 20 miles per hour in this final annual benefit and cost figures. As to owners who registered their vehicles in rule, thus excluding golf cars as they are benefits, the agency notes that the its golf car program. The responses from now originally manufactured, and demand for sub-25 mph vehicles is 61 owners indicated that the cost to resolving the lead time concerns of the currently being met primarily by fleet retrofit a golf car with the equipment golf car manufacturers. and personal golf cars and by speed- prescribed by that city was an average Bombardier indicated that its NEV is modified golf cars that were not of $150 in January 1994. At the July equipped to comply with the new originally manufactured for on-road use. 1996 public meeting in the City of Palm standard, as proposed, and that it If the agency did not take the actions Desert, an Arizona golf car dealer needed no lead time. Information in the specified in this final rule, the demand estimated that the cost of adding the VRTC study indicates that the Global would continue to be met in that equipment required in Arizona (which Electric MotorCars’ NEV complies, manner. The vehicles would be does not include seat belts) could be as except for red reflex reflectors and equipped with at least some of the high as $400. mirrors which can be readily added. safety features required by Standard No. This latter figure roughly accords with The remaining lead time issue 500, but not seat belts except in the City NHTSA’s own total equipment cost concerns those golf car dealers who, on of Palm Desert. The issuance of this estimates for taking a golf car that or after the effective date of the final final rule ensures that the demand will complies with none of the requirements rule, modify the maximum speed be met in the future by vehicles in Standard No. 500 and modifying it to capability of golf cars so that it is originally manufactured for on-road use comply with the standard. In the FRE, between 20 and 25 miles per hour. The and equipped with the full array of the agency estimates $357 for modifying salient fact is that this rulemaking safety features required by that a golf car to conform to Standard No. eliminates existing unnecessary standard. 500 with a two-point belt system, and Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33215

$370 for achieving conformance with a between 20 miles and 25 per hour is a Information Regulations (OMB Control three-point belt system (in 1997 dollars). ‘‘manufacturer’’ of an LSV and is legally No. 2127–0049); and Part 576, Record Either type of belt system is permissible responsible for its compliance and for Retention (OMB Control No. 2127– under the new standard. NHTSA’s cost certifying that compliance. As noted 0042). The final rule removes those estimates, however, do not cover the above in the discussion of the effective vehicles from the passenger car class cost of modifications that a dealer or date, the salient fact with respect to the and places them in a new class, i.e., other commercial entity itself may deem impact of this rulemaking on modifiers low-speed vehicles. As low-speed desirable for the on-road use of a golf is that it replaces one set of vehicles, they remain subject to those car, such as modifications to the brake requirements with which the modifiers requirements. system to accommodate faster speeds. cannot comply with a set with which Executive Order 12612 (Federalism) and NHTSA estimates that the compliance they can comply. Prior to this final rule, Unfunded Mandates costs for the two current makes of NEVs those speed modifications convert the will be only about $25 since they golf cars into passenger cars, making it This rulemaking has also been already have most of the required necessary for the modifiers to conform analyzed in accordance with the equipment. The additional cost is for the golf cars to the FMVSSs for principles and criteria contained in side and rear reflex reflectors, driver or passenger cars. Since this is not Executive Order 12612. NHTSA has passenger side mirror, and a vehicle possible, modifiers have been legally determined that this rulemaking does identification number label. unable to modify golf cars so that their not have sufficient federalism top speed exceeds 20 miles per hour. implications to warrant the preparation Regulatory Flexibility Act Beginning on the effective date of this of a Federalism Assessment. This final The agency has also considered the final rule, the legal obligations of the rule will, as a practical matter, have impacts of this rulemaking action in modifiers under the Vehicle Safety Act only limited effect on state and local relation to the Regulatory Flexibility Act are significantly reduced. Instead of regulation of the safety equipment on (5 U.S.C. Sec. 601 et seq. I certify that being responsible for conforming the golf cars and NEVs whose top speed this rulemaking action will not have a golf cars with FMVSSs for that type of qualifies them as LSVs. significant economic impact upon a vehicle, the modifiers are responsible The definition of LSV in Standard No. substantial number of small entities. for conforming them with the less 500 does not encompass a golf car with The following is NHTSA’s statement extensive array of requirements a maximum speed of 20 miles per hour providing the factual basis for the applicable to LSVs. Further, the or less, or a NEV with a maximum speed certification (5 U.S.C. Sec. 605(b)). The equipment necessary to comply with of more than 25 miles per hour. Thus, final rule primarily affects Standard No. 500 can be obtained and this final rule has no effect on the ability manufacturers of non-conventional added by modifiers readily and at of state and local governments to specify motor vehicles not heretofore regulated moderate cost. requirements for vehicles other than by NHTSA. Under 15 U.S.C. Chapter Further, small organizations and LSVs. State and local governments 14A ‘‘Aid to Small Businesses’’, a small governmental jurisdictions will not be continue to be able to adopt or continue business concern is ‘‘one which is significantly affected. The testimony at to apply any safety equipment standard independently owned and operated and the public meetings and comments to it wishes for golf cars with a maximum which is not dominant in its field of the docket indicate that the purchasers speed of 20 miles per hour or less. operation’’ (15 U.S.C. Sec. 632). The of LSVs will be private individuals who However, it does encompass golf cars Small Business Administration’s (SBA) want a small, alternative mode of and NEVs with a maximum speed regulations at 13 CFR part 121 define a transportation instead of a conventional greater than 20 miles per hour, but not small business, in part, as a business motor vehicle, as a second vehicle for greater than 25 miles per hour. Under entity ‘‘which operates primarily within use in their immediate residential area. the preemption provisions of 49 U.S.C. the United States.’’ Nevertheless, the availability of these 30103(b)(1), with respect to those areas The record of this rulemaking small vehicles to small organizations of a motor vehicle’s safety performance indicates that there is only one entity in and governmental jurisdictions may regulated by the Federal government, the United States that intends to assist them in reducing costs associated any state and local safety standards produce an LSV as defined by the final with their motor vehicle fleets and in addressing those areas must be rule, Global Electric MotorsCars. As achieving local clean air goals. identical. Thus, the state or local noted in a footnote above, Global standard, if any, for vehicles classified Electric MotorCars has taken over Paperwork Reduction Act as LSVs must be identical to Standard Trans2 Corporation and will market the The vehicles affected by this final rule No. 500 in those areas covered by that Trans2 as the ‘‘GEM.’’ Therefore, it is are presently classified as passenger cars standard. For example, since Standard ‘‘dominant in its field of operation.’’ A and, as such, are subject to various No. 500 addresses the subject of the type second entity that intends to information collection requirements, of lights which must be provided, state manufacture LSVs, Bombardier, e.g., Part 537, Automotive Fuel Economy and local governments may not require operates primarily outside the United Reports (OMB Control No. 2127–0019); additional types of lights. Further, since States. There were four golf car Part 566, Manufacturer Identification the agency has not specified manufacturers who commented on the (OMB Control No. 2127–0043); performance requirements for any of the NPRM, E-Z-Go Textron, Club Car, Inc., Consolidated VIN and Theft Prevention required lights, state and local Melex, Inc., and Western Golf Car, all Standard and Labeling Requirements governments may not do so either. located in the United States. Golf car (Parts 541, 565 and 567)(OMB Control NHTSA is not aware of any aspects of manufacturers are not ‘‘manufacturers’’ No. 2127–0510); Section 571.205, existing state laws that might be of LSVs under the final rule because the Glazing materials (OMB Control No. regarded as preempted by the issuance record indicates that none produces a 2127–0038); Section 571.209, Seat belt of this final rule. Those laws do not vehicle whose maximum speed exceeds assemblies (OMB Control No. 2127– contain performance requirements for 20 miles per hour. 0512); Part 573 Defect and the items of equipment required by However, a person who modifies a Noncompliance Reports (OMB Control Standard No. 500. Further, state and golf car so that its maximum speed is No. 2127–0004); Part 575, Consumer local governments may supplement 33216 Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations

Standard No. 500 in some respects. number of sub-25 mph vehicles as a In consideration of the foregoing, 49 They may do so by requiring the result of this rulemaking is likely to be CFR parts 571 and 581 are amended as installation of and regulate the primarily in vehicles powered by follows: performance of safety equipment not electricity as opposed to gasoline. There required by the standard. NHTSA is already a strong and growing interest PART 571ÐFEDERAL MOTOR wishes to make several other in sub-25 mph cars that are electric. VEHICLE SAFETY STANDARDS observations regarding the ability of Commenters submitted data showing 1. The authority citation for part 571 state and local governments to make that over 60 percent of conventional golf continues to read as follows: regulatory decisions regarding LSVs. cars are electric and that the percentage First, NHTSA recognizes that while has been fairly steadily increasing in Authority: 49 U.S.C. 322, 30111, 30115, some states and local governments have this decade. Further, both NEVs are 30166; delegation of authority at 49 CFR 1.50. taken steps to permit on-road use of golf electric. 2. Paragraph 571.3(b) is amended to cars and LSVs, others have not. In the The agency agrees with these add a definition of ‘‘low-speed vehicle’’ agency’s view, this final rule does not comments, and believes that the final and to revise the definitions of alter the ability of states and local rule will have a generally stimulating ‘‘multipurpose passenger vehicle,’’ and governments to make that decision for effect on the deployment of electric ‘‘passenger car,’’ to read as follows: themselves. Similarly, this rulemaking LSVs. This final rule may also lead to § 571.3 Definitions. has no effect on any other aspect of modifications in the speed of * * * * * State or local regulation of golf carts and conventional golf cars, and expanded NEVs, including classification for (b) * * * use of these vehicles as LSVs. According Low-speed vehicle means a 4-wheeled taxation, vehicle and operator to VRTC, these modified vehicles, too, registration, and conditions of use upon motor vehicle, other than a truck, whose are likely to be electric vehicles. They speed attainable in 1.6 km (1 mile) is their state and local roads. are generally easier to modify than LSVs Second, the agency notes that the more than 32 kilometers per hour (20 with internal combustion engines to issuance of Standard No. 500 does not miles per hour) and not more than 40 gain cost-effective, significant increases require current owners of golf cars kilometers per hour (25 miles per hour) in speed. having a top speed between 20 to 25 on a paved level surface. miles per hour to retrofit those golf cars It is the judgment of the agency that * * * * * with the equipment specified in the this rule will not result in significant Multipurpose passenger vehicle standard. Standard No. 500 applies to impacts to the environment, within the means a motor vehicle with motive new LSVs only. The decision whether to meaning of National Environmental power, except a low-speed vehicle or require retrofitting of golf cars that are Policy Act. The increased use of zero- trailer, designed to carry 10 persons or already on the road remains in the emission electric vehicles, in lieu of less which is constructed either on a domain of state and local law. vehicles with internal combustion truck chassis or with special features for In issuing this final rule, the agency engines, is likely to have a beneficial occasional off-road operation. effect on the environment, particularly notes, for the purposes of the Unfunded * * * * * Mandates Act, that it is pursuing the in urban corridors where air pollution is Passenger car means a motor vehicle least cost alternative for addressing the often greatest. However, inasmuch as with motive power, except a low-speed safety of LSVs. As noted above, the LSVs are specialty vehicles with a vehicle, multipurpose passenger agency is substituting a less extensive, relatively limited niche market, the vehicle, motorcycle, or trailer, designed less expensive set of requirements for environmental effects are necessarily for carrying 10 persons or less. the existing full array of passenger car limited in scope. safety standards. Further, the agency is * * * * * Civil Justice 3. A new section 571.500 is added to basing almost all of the requirements of read as follows: Standard No. 500 on state and local The final rule does not have any requirements for on-road use of golf retroactive effect. Under 49 U.S.C. § 571.500 Standard No. 500; Low-speed cars. Finally, the agency has not, at this 30103, whenever a Federal motor vehicles. time, adopted any performance vehicle safety standard is in effect, a S1. Scope. This standard specifies requirements for the required items of state may not adopt or maintain a safety requirements for low-speed vehicles. safety equipment other than seat belts. standard applicable to the same aspect S2. Purpose. The purpose of this State and local agencies in California of performance which is not identical to standard is to ensure that low-speed and Arizona, including the California the Federal standard. Section 30163 sets vehicles operated on the public streets, Air Resources Board, as well as Sierra forth a procedure for judicial review of roads, and highways are equipped with Club California and a Florida State final rules establishing, amending, or the minimum motor vehicle equipment University professor who analyzed the revoking safety standards. That section appropriate for motor vehicle safety. deployment of electric cars in the does not require submission of a S3. Applicability. This standard MetroDade Transit System Station Car petition for reconsideration or other applies to low-speed vehicles. Program, submitted comments administrative proceedings before S4. (Reserved.) suggesting that the final rule will parties may file suit in court. S5. Requirements. encourage the manufacture and use of (a) When tested in accordance with electric vehicles and thus have List of Subjects test conditions in S6 and test beneficial environmental effects. 49 CFR Part 571 procedures in S7, the maximum speed Southern California Edison and the attainable in 1.6 km (1 mile) by each Arizona Economic Development Imports, Motor vehicle safety, Motor low-speed vehicle shall not more than Department noted at the first public vehicles, Incorporation by reference. 40 kilometers per hour (25 miles per meeting that their statements about such 49 CFR Part 581 hour). beneficial effects included consideration (b) Each low-speed vehicle shall be of power plant emissions. Commenters Imports, Motor vehicles, equipped with: also indicated that any increase in the Incorporation by reference. (1) headlamps, Federal Register / Vol. 63, No. 116/ Wednesday, June 17, 1998/ Rules and Regulations 33217

(2) front and rear turn signal lamps, surface produces a peak friction closed except as required for (3) taillamps, coefficient (PFC) of 0.9 when measured instrumentation purposes. (4) stop lamps, using a standard reference test tire that S6.3.6. Battery powered vehicles. Prior (5) reflex reflectors: one red on each meets the specifications of American to beginning the performance tests, side as far to the rear as practicable, and Society for Testing and Materials propulsion batteries are at the state of one red on the rear, (ASTM) E1136, ‘‘Standard Specification charge recommended by the (6) an exterior mirror mounted on the for A Radial Standard Reference Test manufacturer or, if the manufacturer has driver’s side of the vehicle and either an Tire,’’ in accordance with ASTM made no recommendation, at a state of exterior mirror mounted on the Method E 1337–90, ‘‘Standard Test charge of not less than 95 percent. No passenger’s side of the vehicle or an Method for Determining Longitudinal further charging of any propulsion interior mirror, Peak Braking Coefficient of Paved battery is permissible. (7) a parking brake, Surfaces Using a Standard Reference S7. Test procedure. Each vehicle must (8) a windshield of AS–1 or AS–5 Test Tire,’’ at a speed of 64.4 km/h (40.0 meet the performance limit specified in composition, that conforms to the mph), without water delivery S5(a) under the following test American National Standard Institute’s (incorporated by reference; see 49 CFR procedure. The maximum speed ‘‘Safety Code for Safety Glazing 571.5). performance is determined by Materials for Glazing Motor Vehicles S6.2.2. Gradient. The test surface has measuring the maximum attainable Operating on Land Highways,’’ Z-26.1– not more than a 1 percent gradient in vehicle speed at any point in a distance 1977, January 28, 1977, as the direction of testing and not more of 1.6 km (1.0 mile) from a standing start supplemented by Z26.1a, July 3, 1980 than a 2 percent gradient perpendicular and repeated in the opposite direction (incorporated by reference; see 49 CFR to the direction of testing. within 30 minutes. 571.5), S6.2.3. Lane width. The lane width is * * * * * (9) a VIN that conforms to the not less than 3.5 m (11.5 ft). requirements of part 565 Vehicle S6.3. Vehicle conditions. PART 581ÐBUMPER STANDARD Identification Number of this chapter, S6.3.1. The test weight for maximum and 4. The authority citation for part 581 (10) a Type 1 or Type 2 seat belt speed is unloaded vehicle weight plus is revised to read as follows: assembly conforming to Sec. 571.209 of a mass of 78 kg (170 pounds), including driver and instrumentation. Authority: 49 U.S.C. 322, 30111, 30115, this part, Federal Motor Vehicle Safety 32502, 32504; delegation of authority at 49 Standard No. 209, Seat belt assemblies, S6.3.2. No adjustment, repair or CFR 1.50. installed at each designated seating replacement of any component is allowed after the start of the first 5. Section 581.3 is revised to read as position. follows: S6. General test conditions. Each performance test. vehicle must meet the performance limit S6.3.3. Tire inflation pressure. Cold § 581.3 Application. inflation pressure is not more than the specified in S5(a) under the following This standard applies to passenger maximum permissible pressure molded test conditions. motor vehicles other than multipurpose on the tire sidewall. S6.1. Ambient conditions. passenger vehicles and low-speed S6.1.1. Ambient temperature. The S6.3.4. Break-in. The vehicle vehicles as defined in 49 CFR part ambient temperature is any temperature completes the manufacturer’s 571.3(b). between 0 °C (32 °F) and 40 °C (104 °F). recommended break-in agenda as a S6.1.2. Wind speed. The wind speed minimum condition prior to beginning Issued on: June 9, 1998. is not greater than 5 m/s (11.2 mph). the performance tests. Ricardo Martinez, S6.2. Road test surface. S6.3.5. Vehicle openings. All vehicle Administrator S6.2.1. Pavement friction. Unless openings (doors, windows, hood, trunk, [FR Doc. 98–16003 Filed 6–12–98; 10:00 am] otherwise specified, the road test convertible top, cargo doors, etc.) are BILLING CODE 4910±59±P