[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Proposed Rules]
[Pages 66447-66449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30740]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 567 and 568
[Docket No. NHTSA-99-5673]
RIN 2127-AE27
Vehicles Built in Two or More Stages
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of establishment of a negotiated rulemaking advisory
committee and notice of the first meeting.
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SUMMARY: NHTSA announces the establishment of a Negotiated Rulemaking
Committee to develop recommended amendments to the existing NHTSA
regulations (49 CFR parts 567 and 568) governing the certification of
vehicles built in two or more stages to the Federal motor vehicle
safety standards (49 CFR part 571). The purpose of the amendments would
be to assign certification responsibilities more equitably among the
various participants in the multi-stage vehicle manufacturing process.
The Committee will develop its recommendations through a negotiation
process. The Committee will consist of persons who represent the
interests that would be affected by the proposed rule, such as first-
stage, intermediate and final-stage manufacturers of motor vehicles,
equipment manufacturers, vehicle converters, testing facilities, trade
associations that represent various manufacturing groups, and
consumers. This notice also announces the time and place of the first
advisory committee meeting. The public is invited to attend; an
opportunity for members of the public to make oral presentations will
be provided if time permits.
DATES: The first meeting of the advisory committee will be from 10 a.m.
to 5 p.m. on Tuesday, December 14, 1999, and will continue from 9 a.m.
to 3 p.m. on Wednesday, December 15, 1999.
ADDRESSES: The first meeting of the advisory committee will take place
at the Hotel Washington, 515 15th Street, NW, Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT:
For non-legal issues, you may call Charles Hott, Office of
Crashworthiness Standards, at 202-366-4920.
For legal issues, you may call Rebecca MacPherson, Office of the Chief
Counsel, at 202-366-2992.
You may send mail to both of these officials at the National Highway
Traffic Safety Administration, 400 Seventh St., SW, Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
I. Background
On May 20, 1999, the National Highway Traffic Safety Administration
(NHTSA) published a notice of intent to establish an advisory committee
(Committee) for a negotiated rulemaking to develop recommendations for
regulations governing the certification of vehicles built in two or
more stages. The notice requested comment on membership, the interests
affected by the rulemaking, the issues that the Committee should
address, and the procedures that it should follow. The reader is
referred to that notice (64 FR 27499) for further information on these
issues.
NHTSA received 17 comments on the notice of intent. All commenters
endorsed the concept of using the
[[Page 66448]]
negotiated rulemaking process for this subject. Commenters generally
supported the proposed list of issues without specific comment.
Based on this response, and for the reasons stated in the notice of
intent, we have determined that establishing an advisory committee on
this subject is appropriate and in the public interest. In accordance
with the Federal Advisory Committee Act (FACA; 5 U.S.C. App. I sec.
9(c)), we prepared a Charter for the Establishment of a Negotiated
Rulemaking Advisory Committee. We intend to file the charter within
fifteen (15) days from the date of this publication.
II. Membership
A total of 20 individuals were nominated or applied for membership
to the Committee, either through written comments or through follow-up
telephone calls.
In considering requests for representation on the Committee, we had
to first determine whether the requesters represent interests
significantly affected by the proposed rulemaking. As identified in the
notice of intent, in addition to the Department of Transportation
(DOT), these interests are: manufacturers of various stages of motor
vehicles, equipment manufacturers, vehicle converters, testing
facilities, trade associations that represent various manufacturing
groups, and consumers of the affected vehicles.
Following is the list of Committee members, identified by interest.
Members are encouraged to designate alternates who can serve in place
of the member if necessary. As noted in the notice of intent, the
Committee will make its decisions through a process of negotiation
leading to consensus. ``Consensus'' means the unanimous concurrence
among the interests represented on the Committee, unless the Committee
explicitly adopts a different definition.
The meetings of the Committee will be facilitated by Phillip Harter
and Alan Strasser of the Mediation Institute. The organizations and
interests that will participate in the negotiated rulemaking are:
National Highway Traffic Safety Administration:
1. Rebecca MacPherson, Department of Transportation, NHTSA;
Incomplete Vehicle Manufacturers:
2. Timothy Blubaugh, Freightliner Corporation;
3. Lindsay Harding, Ford Motor Company;
4. Paul Murphy, Motor Coach Industries, International;
5. David Stensland, Navistar International Transportation
Corporation;
6. Glenn Zuchniewicz, General Motors Corporation;
Component Manufacturers:
7. Jerome Loftus, Atwood Mobile Products;
8. Paul Wagner, Bornemann Products, Inc.
Final Stage Manufacturers:
9. Andy Callaway, Mark III Industries;
10. Phillip Headley, Environmental Industries Association;
11. David Humphreys, Recreational Vehicle Industry Association
(RVIA);
12. Michael Kastner, National Truck Equipment Association (NTEA);
13. Mark Sidman, Ambulance Manufacturers Division, Manufacturers
Council of Small School Buses, and Mid-Size Bus Manufacturers
Association;
14. Thomas Turner, Blue Bird Body Company;
15. Becky Plank, National Mobility Equipment Dealers Association
(NMEDA);
Dealers:
16. Douglas Greenhaus, National Automobile Dealers Association
(NADA);
Testing Facilities:
17. John Phillips, Transportation Research Center (TRC);
Consumer Representatives:
18. Christopher Amos, National Association of Fleet Manufacturers;
19. Mark Edwards, AAA;
20. Clarence Ditlow, Center for Auto Safety;
21. Bob Herman, Paralyzed Veterans of America (PVA).
III. Participation by Non-Members
Meetings of the Committee will be open to the public so that
individuals who are not part of the Committee may attend and observe.
Any person attending the Committee meetings may address the Committee,
if time permits, or file statements with the Committee.
IV. Key Issues for Negotiation
In its notice of intent, NHTSA tentatively identified major issues
that should be considered in this negotiated rulemaking and asked for
comment concerning the appropriateness of these issues for
consideration and whether other issues should be added. These issues
were:
Equitable and effective allocation of certification
responsibility;
Enforcement issues relevant to each stage of
manufacturing;
Costs to regulated parties of testing or certification;
Effects on safety;
Effects on small businesses;
Enforceability against later-stage manufacturers of
standards that include dynamic testing;
Feasibility and cost effectiveness of alternate methods
(e.g., testing, computer modeling, or other as-yet-unspecified methods)
to ensure compliance of completed vehicles with requirements of
applicable FMVSSs;
Mechanisms for incorporating alternate methods of ensuring
compliance into these regulations;
Mechanisms for sharing costs of testing;
Requirements tailored to the capabilities and
circumstances of each class of vehicles;
Extended leadtime for implementation of FMVSSs for final-
stage manufacturers;
Recall and warranty responsibilities of manufacturers;
Pass-through certification as a compliance option;
Relative administrative/compliance burdens of
certification on first-stage and later-stage manufacturers; and
Scope of compliance ``envelopes'' prescribed by first-
stage manufacturers and ability of intermediate- and final-stage
manufacturers to stay within those envelopes.
Commenters neither objected to these issues nor suggested that
additional issues be addressed. Accordingly, they will be the issues
considered by the Committee.
V. Procedures and Schedule
Staff support for the Committee will be provided by NHTSA and the
facilitator, and meetings will take place in Washington, DC, unless
agreed otherwise by the Committee.
Consistent with FACA requirements, the facilitator will prepare
summaries of each Committee meeting. These summaries and all documents
submitted to the Committee will be placed in the public docket for this
rulemaking.
As stated in the notice of intent, the Committee's objective is to
prepare a report containing an outline of its recommendations for a
notice of proposed rulemaking with suggestions for specific preamble
and regulatory language based on the Committee's recommendations, as
well as information relevant to a regulatory evaluation and an
evaluation of the impacts of the proposal on small businesses.
The negotiation process will proceed according to a schedule of
specific dates that the Committee devises at its first meeting on
December 14-15, 1999. NHTSA will publish notices of future meetings in
the Federal Register. We
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anticipate that the Committee will meet for up to five two-day sessions
beginning in December 1999. If the Committee establishes working groups
to support its work, additional meetings for the working groups may be
necessary.
NHTSA intends to accept the Committee recommendations, keeping in
mind its statutory authority and other legal requirements. In the event
that the agency rejects any of the recommendations, the preamble to a
NPRM addressing the issues that were the subject of the negotiations
will explain the reasons for the rejection.
VI. Meeting Agenda
The first meeting of the negotiated rulemaking committee will begin
at 10 a.m. on December 14, 1999, with consideration of Committee ground
rules, procedures, and calendar.1 The Committee will then
address the specific issues that should be included in the negotiation
and how data to support its deliberations will be developed. In
addition, the Committee will consider whether to establish working
groups to provide technical support and recommendations for specific
aspects of the negotiations. The first meeting will conclude no later
than 3 p.m. on December 15.
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\1\ NHTSA will publish a single notice of the schedule of all
future meetings in the Federal Register, but will amend the notice
through subsequent Federal Register notices if it becomes necessary
to do so.
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VII. Authority
5 U.S.C. 561 et seq., delegation of authority at 49 CFR 1.50.
Issued on: November 19, 1999.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 99-30740 Filed 11-24-99; 8:45 am]
BILLING CODE 4910-59-P
