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NHTSA’s First Year Under Obama: Stuck in Neutral

This post is the fifth in a series on the new CPR report Obama’s Regulators: A First-Year Report Card.

The National Highway Traffic Safety Administration’s (NHTSA) progress on its statutory mission of reducing traffic fatalities came to a screeching halt in recent years, making it imperative that the Obama Administration work quickly to get this vital protector agency back into gear. Unfortunately, NHTSA coasted through part of the year, when it should have its foot on the gas. While it made some progress, it has not yet launched an affirmative agenda of its own to ensure future progress on its statutory mission.

At first blush, it might appear that President Obama succeeded in revitalizing NHTSA this past year. After all, the agency did take several important protective actions. A closer examination, though, reveals that most of NHTSA’s regulatory accomplishments could be characterized as low-hanging fruit. In many cases, the agency did not do much more than finalize rules that the Bush Administration had been working on and that were due out anyway. Of course, that’s not to say that these finalized rules will not help NHTSA to achieve its mission of reducing traffic fatalities. For example, NHTSA finalized a rule that will strengthen roof standards for most types of cars. This is particularly important because it will help reduce the fatalities and severe injuries that result from rollover crashes—one of the leading contributors to traffic-related fatalities and injuries. The rule doubles the required roof strength standard for passenger vehicles and establishes the first ever roof strength standards for full-sized pickups and SUVs. These roof strength standards are less stringent than the ones for passenger vehicles, which is unfortunate given that pickups and SUVs are so much more susceptible to rollover crashes. Significantly, the standards in the rule are based on a two-sided test, which requires that pressure be applied first to one side of the roof, and then to the other side. For years, safety advocates have urged NHTSA to use such testing for setting roof standards, since it better approximates the real impact of rollover crashes on a car’s roof.

A second rule that NHTSA finalized establishes a stricter braking standard for large trucks. The rule effectively requires that stopping distances for most large trucks be reduced by as much as 30 percent. The agency expects the rule to save 227 lives and avert 300 serious injuries per year.

In addition to finalizing these rules, however, NHTSA should have used this past year to begin launching its own affirmative agenda for fulfilling its statutory mission. Compared to the other protector agencies, NHTSA was in a much different position at the start of the Obama Administration. Whereas the other agencies had to essentially begin moving from a full stop, NHTSA actually had some regulatory momentum that it could have built upon. It is discouraging to see NHTSA squander much of this momentum by failing to initiate any new protective actions during the first year of the Obama Administration—particularly since so much work remains to be done to increase safety on the nation’s highways.

To be fair, as with other protector agencies, NHTSA’s regulatory performance continues to be hampered by diminished resources and stiff opposition from the industries it regulates.

As he looks ahead to the second year of his administration, President Obama must resolve to redouble his efforts to free NHTSA and the other protector agencies from these obstacles so that they can return to the business of protecting people and the environment.

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James Goodwin | January 25, 2010

NHTSA’s First Year Under Obama: Stuck in Neutral

This post is the fifth in a series on the new CPR report Obama’s Regulators: A First-Year Report Card. The National Highway Traffic Safety Administration’s (NHTSA) progress on its statutory mission of reducing traffic fatalities came to a screeching halt in recent years, making it imperative that the Obama Administration work quickly to get this […]

Thomas McGarity | January 25, 2010

Why You Can’t Get Your Day in Court After a Train Disaster and What the Federal Railroad Administration Needs to Do About It

Cross-posted from ACSblog. The citizens of Minot, North Dakota suffered a grave injustice on January 18, 2002 when a train derailment bathed much of that small town in a toxic cloud of poisonous gas that killed one person and injured almost 1,500 others. A detailed investigation by the National Transportation Safety Board concluded that the […]

Matt Shudtz | January 22, 2010

Next Up on BPA: EPA’s Chemical Action Plan?

FDA scientists have had a chance to develop an assessment of the risks of BPA in food contact applications using a fuller body of low-dose studies and concluded last week that there’s some concern about the potential effects of BPA on the brain, behavior, and prostate gland of fetuses, infants and children (for a helpful […]

James Goodwin | January 22, 2010

FDA’s First Year Under Obama: Miles Ahead, Yet Miles to Go

This post is the fourth in a series on the new CPR report Obama’s Regulators: A First-Year Report Card. During the Bush Administration, the Food and Drug Administration (FDA) simply fell further and further behind in terms of achieving its regulatory mission of protecting people from unsafe drugs, medical devices and food. A series of […]

Alice Kaswan | January 22, 2010

Murkowski Proposal Shutters the Only Game in Town: The Clean Air Act

Senator Murkowski’s proposal to disapprove EPA’s scientifically and legally justified finding that greenhouse gases endanger the public health and welfare would strip the federal government of its primary legal mechanism for addressing catastrophic climate change. If Congress does not think the Clean Air Act (CAA) is the best mechanism for regulating greenhouse gases, it should […]

James Goodwin | January 21, 2010

EPA’s First Year Under Obama: Reenergized, But Still Too Cautious

This post is the third in a series on the new CPR report Obama’s Regulators: A First-Year Report Card. The Environmental Protection Agency (EPA) is the biggest and most powerful of the protector agencies. Consequently, it has also become the agency that was most decimated by regulatory opponents in recent decades. Thus, when President Obama […]

Ben Somberg | January 21, 2010

EPA Makes a Good Move on Chemical Secrecy

The EPA announced yesterday that they’re changing the way they treat manufacturers’ claims that certain information about toxic chemicals should be kept secret. Richard Denison of EDF has a useful explanation and analysis of this good news. Rena Steinzor and Matt Shudtz explored the dangers of secrecy in chemical science in a 2007 CPR white […]

Daniel Farber | January 21, 2010

Of the Corporations, By the Corporations, For the Corporations? The Meaning of the Citizens United Decision

Today’s decision in Citizens United was something of a foregone conclusion. Still, it was a bit breathtaking. The Court was obviously poised to strike down the latest Congressional restrictions on corporate political expenditures. But the Court went further and struck down even restrictions that had been upheld thirty years ago. Seldom has a majority been […]

Rena Steinzor | January 20, 2010

Coal Ash First Real Test of Obama Commitment to Health and Safety Regulation

A critical test of the Obama Administration’s commitment to reviving the Environmental Protection Agency (EPA) is teeing up behind closed doors at the White House. Once again, the Office of Management and Budget (OMB) is cast in the role of regulation killer, supported by a slew of state and other federal agencies that are polluters […]