We have not determined whether or not there is a defect in the first place,

first step in a defect investigation.

Quite frankly, the scores are continuing to the point where it's rare for a vehicle not to get a four-star rating in a crash test. It speaks to the fact that cars are safer now than they have ever been, but it also speaks to the fact that we have to update our crash test programs, particularly for side impacts, which we are in the process of doing.

[Allowing states to enforce their own standards would lead to a confusing patchwork of requirements, NHTSA spokesman Rae Tyson said. Tyson added that a recent Supreme Court decision on a lawsuit exonerating Honda Motor Co. from liability in an air bag case made clear NHTSA has the authority to pre-empt state measures.] Congress has given us the authority to set safety standards, ... We're merely restating our authority. We're the agency that sets standards. Our standards are not minimum standards.

The roof crush standard is a proposal and we'll certainly take all comments into account when we write the final regulation.

And it just doesn't make sense that if we are setting standards to have a court say that a manufacturer who meets those standards is building a dangerous vehicle.