Underride guard rulemaking

(a) In general Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30130. Side underride guards for trailers, semitrailers, and single unit trucks (a) Rulemaking (1) In general Not later than 18 months after the date of enactment of this section, the Secretary shall finalize regulations that prescribe new or updated motor vehicle safety standards that meet the performance standard described in paragraph (2), including by requiring the installation of side underride guards that meet that performance standard on new trailers, semitrailers, and single unit trucks. (2) Performance standard described The performance standard referred to in paragraphs (1) and (3)(B)(i) is that side underride guards shall— (A) prevent intrusion into the occupant survival space of a passenger motor vehicle when the passenger motor vehicle is struck, or strikes, perpendicular to a trailer, semitrailer, or single unit truck at any closing speed up to and including 40 miles per hour; (B) impede a Vulnerable Road User from passing underneath a trailer, semitrailer, or single unit truck in an interaction along the side of the trailer, semitrailer, or single unit truck; and (C) contribute to fuel efficiency through the integration of aerodynamic design or components furthering fuel efficiency. (3) Cost-benefit analyses In finalizing regulations under paragraph (1), the Secretary shall consider and calculate in any cost-benefit analysis— (A) the number of deaths and injuries among passenger motor vehicle occupants and Vulnerable Road Users prevented as a result of those regulations; and (B) net fuel savings, which shall be equal to the difference between— (i) the cost of fuel expected to be consumed by applicable motor vehicles as a result of the adoption of the performance standard described in paragraph (2); and (ii) the cost of fuel estimated to be consumed by applicable motor vehicles at the existing rate of voluntary adoption of aerodynamic side skirts without side underride guards as of the date on which those regulations are finalized. (b) Compliance The regulations finalized under subsection (a) shall require full compliance with the new or updated motor vehicle safety standards prescribed under that subsection not later than 2 years after the date on which those regulations are finalized. (c) Review of regulations Beginning not later than 5 years after the date on which regulations are finalized under subsection (a), and not less frequently than once every 5 years thereafter, the Secretary shall determine whether any update to the motor vehicle safety standards prescribed under that subsection is necessary to better prevent fatalities caused by underride crashes and improve roadway safety.. (b) Clarification If the Secretary of Transportation withdraws the advanced notice of proposed rulemaking of the National Highway Traffic Safety Administration entitled Side Underride Guards (88 Fed. Reg. 24535 (April 21, 2023)) before the Secretary of Transportation finalizes regulations in accordance with section 30130(a)(1) of title 49, United States Code (as added by subsection (a)), that withdrawal shall not affect the requirement to finalize regulations in accordance with that section. (c) Clerical amendments The analysis for chapter 301 of title 49, United States Code, is amended— (1) by striking the item relating to section 30128 and inserting the following: 30128. Vehicle rollover prevention and crash mitigation.; and (2) by inserting after the item relating to section 30129 the following: 30130. Side underride guards for trailers, semitrailers, and single unit trucks..