[Federal Register Volume 60, Number 222 (Friday, November 17, 1995)]
[Proposed Rules]
[Pages 57693-57695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28461]
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[[Page 57694]]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 567 and 568
[Docket No. 91-62, Notice 2]
RIN 2127-AE27
Meeting With Manufacturers of Vehicles Built in Two or More
Stages
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of public meeting; request for comments.
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SUMMARY: This notice announces a public meeting at which NHTSA will
seek information from final stage and intermediate manufacturers of
vehicles built in two or more stages, manufacturers of incomplete
vehicles, and the public on certification of vehicles that are
manufactured in stages. NHTSA is requesting suggestions for actions
with respect to NHTSA's regulations and Federal Motor Vehicle Safety
Standards that govern the certification of such vehicles. This notice
also invites written comments on the same subject.
The meeting will be held on December 12, 1995 at 9:00 a.m. The
agency is interested in obtaining the views of its customers both
orally and in writing. An agenda for the meeting will be made based on
the number of persons wishing to make oral presentations and will be
available on the day of the meeting. Those wishing to make oral
presentations at the meeting should contact Charles Hott, at the
address or telephone number listed below, by November 24, 1995.
DATES: The meeting will be held on December 12, 1995 at 9:00 a.m.
Written comments. Written comments are due by January 12, 1996.
ADDRESSES: Public meeting. The public meeting will be held at the
following location: Holiday Inn, Fair-Oaks Mall, 11787 Lee Jackson
Memorial Highway, Fairfax, VA 22033, Tel: (703) 352-2525, Fax: (703)
352-4471.
Written comments. All written comments should be mailed to the
Docket Section, National Highway Traffic Safety Administration, Room
5109, 400 7th Street, SW, Washington, DC 20590. Please refer to the
docket number when submitting written comments.
FOR FURTHER INFORMATION CONTACT: Charles Hott, Office of Vehicle Safety
Standards, NPS-15, NHTSA, 400 7th Street, SW, Washington, DC 20590
(telephone 202-366-0247).
SUPPLEMENTARY INFORMATION:
Regulatory Reform
Calling for a new approach to the way Government regulate the
private sector, President Clinton asked Executive Branch agencies to
improve the regulatory process. Specifically, the President requested
that agencies: (1) Cut obsolete regulations; (2) reward agency and
regulator performance by rewarding results, not red tape; (3) create
grassroots partnerships by meeting with those affected by regulations
and other interested parties; and (4) use consensual rulemaking, such
as regulatory negotiation, more frequently.
This is the first of NHTSA's announced meetings to create
grassroots partnerships with regulated industries that do not deal with
NHTSA on a daily basis. By meeting with these groups, NHTSA believes
that it can build a better understanding of their needs and concerns.
Other groups that the agency will have meetings with are school bus
manufacturers, heavy truck manufacturers, child seat manufacturers,
lamp/reflector manufacturers, and small volume manufacturers.
NHTSA recognizes that manufacturers who build vehicles in more than
one stage are faced with somewhat different problems than manufacturers
who build vehicles in a single stage, especially when it comes to
certifying vehicles to meet the Federal Motor Vehicle Safety Standards
(FMVSS). Therefore, the agency has decided to hold a public meeting to
listen to the views of these groups and others with respect to
improving the vehicle certification process.
The agency is interested in obtaining the views of incomplete,
intermediate and final stage manufacturers on how the agency can
improve its regulations that govern the manufacture of vehicles in more
than one stage. Suggestions should be accompanied by a statement of the
rationale for the proposed action and of the expected consequences of
that action. Recommendations should address at least the following
considerations:
administrative/compliance burdens
cost effectiveness
costs of the existing regulation and the proposed changes to consumers
costs of testing or certification to regulated parties
effects on safety
effects on small business
enforceability of the standard
whether the regulation reflects a ``common sense'' approach to solving
the problem
Written statements should be as specific as possible and provide
the best available supporting information. Statements also should
specify whether any change recommended in the regulatory process would
require a legislative change in NHTSA's authority.
Certification of Vehicles Manufactured in More Than One Stage
In National Truck and Equipment Association v. NHTSA, 919 F.2d 1148
(6th Cir. 1990), the 6th Circuit remanded a portion of a final rule
that extended the requirements of FMVSS No. 204 to trucks and
multipurpose passenger vehicles with gross vehicle weight ratings of up
to 10,000 pounds. A majority of the court concluded that the final rule
was not practicable for final stage manufacturers that cannot ``pass
through'' the certification of the incomplete vehicle manufacturer. The
court cited passages in the preamble in which NHTSA stated that most
final stage manufacturers did not have the capability to perform
dynamic testing or in-house engineering analysis, as well as the fact
that ``pass through'' certification is not available unless the
incomplete vehicle is a chassis cab.
In response to the court decision, on December 3, 1991, NHTSA
published a Notice of Proposed Rulemaking (NPRM), 56 FR 61392, to amend
the certification requirements that apply to incomplete vehicles. In
the NPRM, the agency proposed to extend the certification labeling
requirements that currently apply only to manufacturers of chassis-cabs
to all incomplete vehicle manufacturers, and to permit all final stage
manufacturers to ``pass through'' the certification of the incomplete
vehicle.
Incomplete vehicles are vehicles that include at least a frame and
chassis structure, power train, steering system, suspension system, and
braking system, but need further manufacturing to become completed
vehicles. Currently, incomplete vehicle manufacturers are required to
provide a document with every incomplete vehicle that establishes
guidelines for completing the vehicle. For chassis-cabs (incomplete
vehicles with completed occupant compartments), incomplete vehicle
manufacturers are currently required both to provide a guidance
document and to affix a certification label to each chassis cab. If the
intermediate and final stage manufacturers complete the chassis-cab in
accordance with the guidelines provided in the guidance document, the
final stage manufacturer is allowed to ``pass through'' the
certification of the
[[Page 57695]]
chassis-cab manufacturer, rather than itself certifying equipment or
components manufactured by another manufacturer. Currently,
manufacturers of incomplete vehicles that are not chassis cabs because
they lack completed occupant compartments (e.g., ``stripped chassis''
or ``bare chassis'') are not required to certify the conformity of
their vehicles to NHTSA safety standards. However, like the chassis-cab
manufacturers, they are required to provide a guidance document with
every vehicle that establishes guidelines for completing the vehicle.
If the intermediate and/or final stage manufacturer follows the
guidelines, the completed vehicle will conform to the applicable
FMVSSs. The final stage manufacturer is required to place on the
completed vehicle a certification label stating that the vehicle meets
all applicable FMVSSs.
The NPRM proposing the amendments to the regulations governing
certification of vehicles manufactured in two or more stages engendered
considerable controversy and virtually no support. In the comments,
there was a clear division in positions among the various segments of
the multistage vehicle industry. The three major domestic manufacturers
generally opposed the rule, although General Motors did propose some
changes to the text and a delay of the effective date. The final stage
manufacturers of commercial vehicles, represented by the National Truck
Equipment Association (NTEA), favored the portion of the rule which
provided for certification of incomplete vehicles other than chassis
cabs, but stated that the proposed rule did not resolve the
difficulties faced by numerous final stage manufacturers that depart
from the guidelines set by the incomplete vehicle manufacturer. The
Recreational Vehicle Industry Association (RVIA) responded that the
proposed rule did not resolve the most serious problems faced by the
final stage manufacturers which must certify compliance with standards
that include dynamic testing.
The agency performed a limited study of the multistage vehicle
manufacturing industry. The study was completed in August 1994 and has
been placed in the docket. (Docket Number 91-62) The study concluded
that final stage manufacturers lack timely information and guidance on
how to comply when new standards or amendments are promulgated; that
they rely primarily on customer needs and preferences in selecting
incomplete vehicles, with particular emphasis on cost; and that they
depend heavily on timely guidance and information from incomplete
vehicle manufacturers and trade associations.
The study also concluded that most final stage manufacturers, with
the exception of some very large van converters, must rely on outside
engineering services if they are to conduct dynamic testing of
completed vehicles. All rely heavily on their suppliers for
certification and warranty. The contractor noted the consensus among
final stage manufacturers who are van converters with respect to the
difficulties they faced in conducting dynamic testing for compliance
with FMVSS No. 208 during the 1992 model year launch, when that portion
of the Standard first took effect for light trucks, vans and sport
utility vehicles. They cited problems in obtaining critical dimensional
data on each vehicle make and model from the incomplete vehicle
manufacturers sufficiently in advance to be able to create the
necessary equipment to perform testing prior to the effective date of
the rule, and stated that this forced production delays and lost sales.
They contend that it is unrealistic for final stage manufacturers to be
held to the same effective dates as those imposed on single stage
manufacturers.
The agency believes that multistage vehicle certification is an
area in which negotiated rulemaking may be beneficial. Negotiated
rulemaking is a process in which representatives of all interests are
assembled to discuss the issue and all potential solutions, reach
consensus, and prepare a proposed rule for consideration by the agency.
After public comment on any proposal issued by the agency, the group
reconvenes to review the comments and make recommendations for a final
rule. This inclusive process is intended to make the rule more
acceptable to all affected interests and prevent the petitions for
reconsideration (and litigation) that often follow the issuance of a
final rule. The agency is interested in the commenters' views on the
feasibility of negotiated rulemaking on the subject matter of this
notice.
Procedural Matters
The agency intends to conduct the meeting informally so as to allow
for maximum participation by all who attend. Interested persons may ask
questions or provide comments during any period after a party has
completed its presentation on a time allowed basis as determined by the
presiding official. If time permits, persons who have not requested
time to speak, but would like to make a statement, will be afforded an
opportunity to do so.
Those speaking at the public meeting should limit their
presentations to 20 minutes. If the presentation will include slides,
motion pictures, or other visual aids, please indicate so that the
proper equipment may be made available. Presenters should bring at
least one copy of their presentation to the meeting so that NHTSA can
readily include the material in the public record.
A schedule of participants making oral presentations will be
available at the designated meeting room. NHTSA will place a copy of
any written statement in the docket for this notice. A verbatim
transcript of the meeting will be prepared and also placed in the NHTSA
docket as soon as possible after the meeting.
Participation in the meeting is not a prerequisite for the
submission of written comments. NHTSA invites written comments from all
interested parties. It is requested but not required that 10 copies be
submitted.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, Room 5219, at the street address given above,
and copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation (49 CFR Part 512.)
All comments received before the close of business on the comment
closing date indicated above will be considered. Comments will be
available for inspection in the docket.
After the closing date, NHTSA will continue to file relevant
information in the docket as it becomes available. It is therefore
recommended that interested persons continue to examine the docket for
new material.
Issued: November 14, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-28461 Filed 11-14-95; 10:54 am]
BILLING CODE 4910-59-M
