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Rear Visibility and Some Unresolved Problems for Economic Analysis (With Notes on Experience Goods)

Published online by Cambridge University Press:  11 November 2019

Cass R. Sunstein
Affiliation:
Harvard University, Cambridge, MA, USA e-mail: csunstei@law.harvard.edu
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Abstract

In 2014, the National Highway Traffic Safety Administration finalized its rear visibility regulation, which requires cameras in all new vehicles, with the goal of allowing drivers to see what is behind them and thus reducing backover accidents. In 2018, the Trump administration embraced the regulation. The rear visibility rule raises numerous puzzles. First, Congress’ grant of authority was essentially standardless – perhaps the most open-ended in all of federal regulatory law. Second, it is not easy to identify a market failure to justify the regulation. Third, the monetized costs of the regulation greatly exceeded the monetized benefits, and yet on welfare grounds, the regulation can plausibly be counted as a significant success. Rearview cameras produce a set of benefits that are hard to quantify, including increased ease of driving, and those benefits might have been made a part of “breakeven analysis,” accompanying standard cost-benefit analysis. In addition, rearview cameras significantly improve the experience of driving, and it is plausible to think that in deciding whether to demand them, many vehicle purchasers did not sufficiently anticipate that improvement. This is a problem of limited foresight; rearview cameras are “experience goods.” A survey conducted in 2019 strongly supports this proposition, finding that about 56 % of consumers would demand at least $300 to buy a car without a rearview camera, and that fewer than 6 % would demand $50 or less. Almost all of that 6 % consists of people who do not own a car with a rearview camera. (The per-person cost is usually under $50.) These conclusions have general implications for other domains in which regulation has the potential to improve social welfare, even if it fails standard cost-benefit analysis; the defining category involves situations in which people lack experience with a good whose provision might have highly beneficial welfare effects.

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© Society for Benefit-Cost Analysis, 2019

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Footnotes

*

Robert Walmsley University Professor, Harvard University.

Cass R. Sunstein served as Administrator of the Office of Information and Regulatory Affairs from 2009 to 2012 and spent considerable time on the rear visibility regulation. In general, he relies on the public record, but in some places, he builds on personal experience. Some of this essay draws on a section of Cass R. Sunstein, The Most Knowledgeable Branch, 164 U. Pa. L. Rev. 1607 (2016). The analysis has been updated, reoriented, and significantly revised, and the central thrust of the argument has been changed.

References

Akinbami, F. 2011. “Financial Services and Consumer Protection After the Crisis.” International Journal of Bank Marketing, 29: 134147.CrossRefGoogle Scholar
Becher, S. I. 2008. “Asymmetric Information in Consumer Contracts .American Business Law Journal, 45: 723774.CrossRefGoogle Scholar
Bergemann, D., and Välimäki, J. 2006. “Dynamic Pricing of New Experience Goods.” Journal of Political Economics, 114: 713743.CrossRefGoogle Scholar
Bronsteen, J., Buccafusco, C., and Masur, J. S. 2013. “Well-Being Analysis Versus Cost-Benefit Analysis.” Duke Law Journal, 62: 16031689.Google Scholar
Cicchino, J. B. 2017. “Effects of Rearview Cameras and Rear Parking Sensors on Police-Reported Backing Crashes.” Traffic Injury Prevention, 18: 859865.CrossRefGoogle ScholarPubMed
Dorman, P. 1996. Markets and Mortality. Cambridge, UK: Cambridge University Press.CrossRefGoogle Scholar
Feldman, P., Papanastasiou, Y., and Segev, E. 2017. Social Learning and the Design of New Experience Goods. Available at http://faculty.haas.berkeley.edu/feldman/assets/sl_quality_2017.pdf. (accessed July 23, 2019)CrossRefGoogle Scholar
Frederick, Shane, Novemsky, Nathan, Wang, Jing, Dhar, Ravi, and Nowlis, Stephen. 2009. “Opportunity Cost Neglect.” Journal of Consumer Research, 36: 551561.CrossRefGoogle Scholar
Israel, M. 2005. “Services as Experience Goods.” American Economic Review, 95: 14441463.CrossRefGoogle Scholar
Kahneman, D., and Thaler, R. 2006. “Anomalies: Utility Maximization and Experienced Utility.” Journal of Economic Perspectives, 20: 221234.CrossRefGoogle Scholar
Kidd, D. G., and Brethwaite, A. 2014. “Visibility of Children Behind 2010-2013 Model Year Passenger Vehicles Using Glances, Mirrors, and Backup Cameras and Parking Sensors.” Accident Analysis & Prevention, 66: 158167.CrossRefGoogle ScholarPubMed
Klein, L. 1998. “Evaluating the Potential of Interactive Media Through a New Lens: Search Versus Experience Goods.” Journal of Business Research, 41: 195203.CrossRefGoogle Scholar
Laband, D. 1991. “An Objective Measure of Search Versus Experience Goods.” Economic Inquiry, 29: 497509.CrossRefGoogle Scholar
LaHood, R. 2013. Letter from Ray Lahood, Secretary, U.S. Department of Transportation, to Fred Upton, Chairman, Committee on Energy and Commerce, U.S. House of Representatives, et al. Available at http://www.citizen.org/documents/In-re-gulbransen-LaHood-Delay-Letters-6-20-13.pdf (accessed July 23, 2019).Google Scholar
Mashaw, J. 1985. “Why Administrators Should Make Political Decisions.” Journal of Law, Economics, and Organization, 1: 81100.Google Scholar
Masur, J., and Posner, E. 2010. “Against Feasibility Analysis.” University of Chicago Law Review, 77: 657716.Google Scholar
Morse, D. 1980. “Asymmetrical Information in Securities Markets and Trading Volume.” Journal of Financial and Quantitative Analysis, 15: 11291148.CrossRefGoogle Scholar
Nelson, P. 1970. “Information and Consumer Behavior.” Journal of Political Economy, 78: 311329.CrossRefGoogle Scholar
Paul, L. A. 2016. Transformative Experience. Oxford, UK: Oxford University Press.Google Scholar
Robinson, L., Raich, W., Hammitt, J., and O’Keefe, L. 2019. “Valuing Children’s Fatal Risk Reductions.” Journal of Cost-Benefit Analysis, 10: 156177.CrossRefGoogle Scholar
Rowell, A. 2012. “Partial Valuation in Cost-Benefit Analysis.” Administrative Law Review, 64: 723742.Google Scholar
Sharot, T. 2011. The Optimism Bias: A Tour of the Irrationally Positive Brain. New York, NY: Random House Pantheon Books.CrossRefGoogle Scholar
Sunstein, C. R. 2008a. “Is OSHA Unconstitutional?.” Virginia Law Review, 94: 14071449.Google Scholar
Sunstein, C. R. 2008b. “Illusory Losses.” Journal of Legal Studies, 37: S157S194.CrossRefGoogle Scholar
Sunstein, C. R. 2013. “The Office of Information and Regulatory Affairs: Myths and Realities.” Harvard Law Review, 126: 18381878.Google Scholar
Sunstein, C. R. 2014a. Valuing Life: Humanizing the Regulatory State. Chicago, IL: University of Chicago Press.Google Scholar
Sunstein, C. R. 2014b. “The Limits of Quantification.” California Law Review, 102: 13691422.Google Scholar
Sunstein, C. R. 2018. The Cost-Benefit Revolution. Cambridge, MA: MIT Press.CrossRefGoogle Scholar
Szathmary, Z. 2018. “Rule Requiring New Vehicles to Have Rearview Technology Goes Into Effect.” Foxnews.com, May 6, 2018. Available at https://www.foxnews.com/auto/rule-requiring-new-vehicles-to-have-rearview-technology-goes-into-effect. (accessed July 21, 2019)Google Scholar
Trottenberg, P., and Rivkin, R.S. 2013. Memorandum from Polly Trottenberg and Robert S. Rivkin, Office of the Secretary of Transportation, to Secretarial Officers Modal Administrators. Available at http://www.transportation.gov/sites/dot.dev/files/docs/DOT%202013%20Signed%20VSL%20Memo.pdf. (accessed July 23, 2019)Google Scholar
Tversky, A., and Kahneman, D. 1973. “Availability: A Heuristic for Judging Frequency and Probability.” Cognitive Psychology, 5: 207232.CrossRefGoogle Scholar
U.S. Department of Transportation. 2014. Press Release: NHTSA Announces Final Rule Requiring Rear Visibility Technology. Available at https://www.transportation.gov/briefing-room/nhtsa-announces-final-rule-requiring-rear-visibility-technology. (accessed July 23, 2019)Google Scholar
U.S. Department of Transportation. 2015. Press Release: New DOT Consumer Rule Limits Airline Tarmac Delays, Provides Other Passenger Protections. Available at https://www.transportation.gov/briefing-room/new-dot-consumer-rule-limits-airline-tarmac-delays-provides-other-passenger. (accessed July 23, 2019)Google Scholar
U.S. Department of Transportation. 2016. Economic Values Used in Analyses. Available at https://www.transportation.gov/regulations/economic-values-used-in-analysis. (accessed July 23, 2019)Google Scholar
U.S. Environmental Protection Agency. 2012. Final Rulemaking for 2017-2025.Google Scholar
U.S. Office of Management and Budget. 2003. Circular A-4. Available at https://www.federalregister.gov/documents/2003/10/09/03-25606/circular-a-4-regulatory-analysis. (accessed July 23, 2019)Google Scholar
U.S. Office of Management and Budget. 2012. 2012 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities. Available at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2012_cb/2012_cost_benefit_report.pdf. (accessed July 23, 2019)Google Scholar
U.S. Senate Committee on Commerce, Science, and Transportation. 2008. Report 110-275: Cameron Gulbransen Kids Transportation Safety Act of 2007. Available at https://www.govinfo.gov/content/pkg/CRPT-110srpt275/html/CRPT-110srpt275.htm. (accessed July 23, 2019)Google Scholar
Ullmann-Margalit, E. 2017. Normal Rationality. Oxford, UK: Oxford University Press.CrossRefGoogle Scholar
Williams, S. 2013. “Statistical Children.” Yale Journal on Regulation, 30: 63124.Google Scholar
Business Roundtable v. SEC, 647 F3d 1144 (DC Cir. 2011).Google Scholar
Corrosion Proof Fittings v. EPA, 947 F.2d 1201 (1991).Google Scholar
Gundy v. United States, 588 U.S. _____ (2019).Google Scholar
Heckler v. Chaney, 470 U.S. 821 (1985).CrossRefGoogle Scholar
Michigan v. EPA, 135 S. Ct. 2699 (2015).Google Scholar
Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935).Google Scholar
Whitman v. American Trucking Association, 531 U.S. 457 (2001).Google Scholar
Cameron Gulbransen Kids Transportation Safety Act of 2007. 2008. 49 U.S.C. 30111.Google Scholar
Federal Regulation. 1981. Executive Order 12291. Available at https://www.archives.gov/federal-register/codification/executive-order/12291.html. (accessed July 23, 2019)Google Scholar
Federal Motor Vehicle Safety Standards. 2010. Rearview Mirrors; Federal Motor Vehicle Safety Standard, Low-Speed Vehicles Phase-In Reporting Requirements, 75 Fed. Reg. 76,186.Google Scholar
Federal Motor Vehicle Safety Standards. 2014. Rear Visibility, 79 Fed. Reg. 19,178.Google Scholar
Improving Regulation and Regulatory Review. 2011. Executive Order 13563. Available at https://obamawhitehouse.archives.gov/the-press-office/2011/01/18/executive-order-13563-improving-regulation-and-regulatory-review. (accessed July 23, 2019)Google Scholar
Regulatory Planning and Review. 1993. Executive Order 12866. Available at https://www.archives.gov/files/federal-register/executive-orders/pdf/12866.pdf. (accessed July 23, 2019)Google Scholar

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