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1801 (“[T]he Secretary shall initiate a rulemaking proceeding to establish early warning reporting requirements formanufacturers of motor vehicles and motor vehicle equipment to enhance the Secretary’s ability to carry out theprovisions of this chapter.”). The regulations resulting from this mandate ultimately form the structure of the “earlywarning” database. See, e.g., C.F.R. § 579.29 (a)(1) (“[E]ach report . . . must be submitted to NHTSA’s early warningdata repository identified on NHTSA’s Internet homepage . . . . A manufacturer must use templates provided atthe early warning website, also identified on NHTSA’s homepage, for submitting reports.”).218. See Safercar.gov, http://www-odi.nhtsa.dot.gov/index.cfm (last visited May 28, 2010).219. See Adverse Event Reporting System, http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Surveillance/AdverseDrugEffects/default.htm(last visited May 28, 2010).220. See, e.g., Keith Bradsher, Firestone Engineers Offer a List of Causes for Faulty Tires, N.Y. Times, Dec. 19, 2000,at C1.221. See, e.g., 146 Cong. Rec. 1778 (2000) (statement of Rep. Markey) (“This legislation was initially prompted by theFirestone recall of some over 6 million tires used primarily by the Ford Explorer.”).222 See, e.g., David Shepardson, Agency Ends Probe of Ford Tire Valves, Detroit News, Apr. 30, 2009, at 6B.223. See, e.g., Losing its Shine, Economist, Dec. 12, 2009, at 76.224. Id.225. Alexandra Burzon, Toyota Complaints Surged After First Recall, Wall Street Journal, Mar. 11, 2010, at B7.226. Posting of David Bailey and Chang-Ran Kim to Reuters.com, Toyota Faces New Probe on Corolla Steering, http://www.reuters.com/article/idUSTRE61D2TS20100217 (Feb 17, 2010, 18:56 EST).227. Posting of Peter Valdez-Dapena to CNNMoney.com, NHTSA Seeks Maximum Fine Against Toyota, http://money.cnn.com/2010/04/05/autos/toyota_nhtsa_fine/index.htm?cnn=yes&hpt=Sbin (April 6, 2010, 14:01 EST)228. See, e.g,, Editorial, Caution Flags at the F.D.A., N.Y. Times, July 2, 1998, at A20.229. See United States Food and Drug Administration, The Public’s Stake in Adverse Event Reporting, http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Surveillance/AdverseDrugEffects/ucm179586.htm (lastvisited May 28, 2010).230. For example, it is slightly onerous for a person to make a complaint on the NHTSA Complaint Reporting Form. Itspans a minimum of six pages, and consumers are, among other things, asked to code portions of their complaints. SeeDefects & Recalls, File a Safety Complaint, http://www-odi.nhtsa.dot.gov/ivoq/index.cfm (last visited May 28, 2010).231. H.R. Rep. No. 110–501, at 44 (2007).232. The Secretary of Transportation has delegated this authority, among others, to NHTSA.See 49 C.F.R. § 1.50 (2009).233. See 49 U.S.C. § 30166(m) (2008) (“[T]he Secretary shall initiate a rulemaking proceeding to establish early warningreporting requirements for manufacturers of motor vehicles and motor vehicle equipment to enhance the Secretary’sability to carry out the provisions of this chapter.”).234. 49 C.F.R. § 579.21(a)–(c) (2009).235. 49 C.F.R. §§ 579.21–579.26.236. 49 C.F.R. § 579.28(c).Brennan Center for Justice | 109