[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1749-1750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-100]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 555
[Docket 93-40; Notice 3]
RIN 2127-AE88
Temporary Exemption From Motor Vehicle Safety Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Technical correction; final rule.
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SUMMARY: This notice corrects a grammatical error in the language of
the certification label required for a vehicle temporarily exempted
from compliance with the Federal motor vehicle safety standards.
DATES: The effective date of the final rule is February 6, 1995.
FOR FURTHER INFORMATION CONTACT: Taylor Vinson, Office of Chief
Counsel, NHTSA (202-366-5263).
SUPPLEMENTARY INFORMATION: On October 29, 1993, NHTSA amended 49 CFR
555.9(c)(1), the certification requirements for motor vehicles that
have been temporarily exempted from compliance with one or more of the
Federal motor vehicle safety standards, to conform it to the
requirements of 49 CFR 567.4(g)(5) for nonexempted vehicles by
including a reference to the Theft Prevention Standard (58 FR 58103).
As amended, the manufacturer of an exempted vehicle, under
paragraph 555.9(c)(1), shall:
(c) Meet all applicable requirements of Part 567 of this chapter,
except that--
(1) Instead of the statement required by Sec. 567.4(g)(5) of this
chapter, the following statement shall appear:
``THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE
SAFETY AND THEFT PREVENTION STANDARDS (and, if a passenger car), BUMPER
STANDARD IN EFFECT ON THE DATE OF MANUFACTURE SHOWN ABOVE EXCEPT FOR
STANDARDS NOS. (listing the standards by number and title for which an
exemption has been granted) EXEMPTED PURSUANT TO NHTSA EXEMPTION NO.
____________.''
Michael Grossman, representing Automobili Lamborghini, telephoned
NHTSA to comment that this wording would require an exempted
manufacturer of a passenger car to certify in part to ``* * * THEFT
PREVENTION STANDARDS, BUMPER STANDARD. * * *'' He recommended that
NHTSA correct this grammatical error by incorporating the language of
the general certification requirement at Sec. 567.4(g)(5) with the
exception now in effect under which the exempted standards are listed.
NHTSA concurs with this comment, and is amending paragraph 555.9(c)(1)
in an appropriate manner. A manufacturer of an exempted vehicle shall
now:
(c) Meet all applicable requirements of Part 567 of this chapter,
except that--
(1) The statement required by paragraph 567.4(g)(5) of this chapter
shall end with the phrase ``except for Standards Nos. [listing the
standards by number and title for which an exemption has been granted]
exempted pursuant to NHTSA Exemption No. ________________''.
This amendment also addresses a recent observation by Chrysler
Corporation that vehicles other than passenger cars, such as its
electric vans which are covered by a Temporary Exemption, are not yet
subject to 49 CFR Part 541 Federal Motor Vehicle Theft Prevention
Standard, and its recommendation that the parenthetical reference to
passenger cars should precede and not follow the reference to the theft
prevention standard in paragraph 555.9. [[Page 1750]]
Although the wording of the two labels varies slightly, the
variation is not substantive. The agency therefore has no objection if
exempted manufacturers wish to exhaust their present supply of labels
with the old wording.
The notice also revises the authority citation for Part 555 to
reflect the recodification in Title 49 of the United States Code of the
statutory provisions previously in Title 15.
Effective Date
Because the amendment is technical in nature and has no substantive
impact, it is hereby found that notice and comment thereon are
unnecessary. Further, because the amendment is technical in nature and
has no substantive impact, it is hereby found for good cause shown that
an effective date earlier than 180 days after issuance of the rule is
in the public interest, and the amendment is effective February 6,
1995. As the amendment makes no substantive change, it does not affect
any of the impacts previously considered in the promulgation of part
555.
Rulemaking Analyses
Executive Order 12866 and DOT Regulatory Policies and Procedures.
This rulemaking action has not been considered under Executive Order
12866. However, it has been determined to be not significant under the
Department of Transportation's regulatory policies and procedures. The
agency has determined that the economic effects of the amendment are so
minimal that a full regulatory evaluation is not required.
Manufacturers subject to the final rule are not affected by the
technical correction.
Regulatory Flexibility Act. The agency has also considered the
effects of this rulemaking action in relation to the Regulatory
Flexibility Act. I certify that this rulemaking action will not have a
significant economic effect upon a substantial number of small
entities. Although manufacturers who receive temporary exemptions are
generally small businesses within the meaning of the Regulatory
Flexibility Act, the agency estimates that there will be no cost to
conform to the final rule. Further, small organizations and
governmental jurisdictions will not be significantly affected as the
price of new exempted motor vehicles will not be impacted. Accordingly,
no Regulatory Flexibility Analysis has been prepared.
Executive Order 12612 (Federalism). This rulemaking action has been
analyzed in accordance with the principles and criteria contained in
Executive Order 12612 on ``Federalism.'' It has been determined that
the rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
National Environmental Policy Act. NHTSA has analyzed this
rulemaking action for purposes of the National Environmental Policy
Act. The rule will not have a significant effect upon the environment.
Manufacturers subject to this regulation must already provide a
certification label for their vehicles. The rule will not have an
effect upon fuel consumption.
Civil Justice. This rule does not have any retroactive effect.
Under 49 U.S.C. 30103, whenever a Federal motor vehicle safety standard
is in effect, a state may not adopt or maintain a safety standard
applicable to the same aspect of performance which is not identical to
the Federal standard. Section 30161 of Title 49 sets forth a procedure
for judicial review of final rules establishing, amending or revoking
Federal motor vehicle safety standards. That section does not require
submission of a petition for reconsideration or other administrative
proceedings before parties may file suit in court.
List of Subjects in 49 CFR Part 555
Imports, Motor vehicle safety, Motor vehicles.
PART 555--TEMPORARY EXEMPTIONS FROM MOTOR VEHICLE SAFETY STANDARDS
In consideration of the foregoing, 49 CFR part 555 is amended as
follows:
1. The authority citation for part 555 is revised to read as
follows:
Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR
1.50.
2. Section 555.9 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 555.9 Temporary exemption labels.
* * * * *
(c) * * *
(1) The statement required by Sec. 567.4(g)(5) of this chapter
shall end with the phrase ``except for Standards Nos. [listing the
standards by number and title for which an exemption has been granted]
exempted pursuant to NHTSA Exemption No. ________________.''
* * * * *
Issued on December 28, 1994.
Ricardo Martinez,
Administrator.
[FR Doc. 95-100 Filed 1-4-95; 8:45 am]
BILLING CODE 4910-59-P
