[Federal Register Volume 64, Number 28 (Thursday, February 11, 1999)]
[Proposed Rules]
[Pages 6852-6854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3292]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 567
[Docket No. NHTSA-99-5073]
RIN 2127-AH49
Vehicle Certification; Contents of Certification Labels for
Altered Vehicles
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This notice proposes to amend NHTSA's regulations on vehicle
certification that specify the contents of the certification labels
that vehicle alterers are required to affix to motor vehicles that they
alter. The amendment would require the certification label affixed by
the alterer to state that the vehicle, as altered, conforms to all
applicable Federal motor vehicle safety, bumper, and theft prevention
standards affected by the alteration. Under the existing regulations,
the certification
[[Page 6853]]
labels on altered vehicles need only state that the vehicles, as
altered, comply with all applicable Federal motor vehicle safety and
bumper standards affected by the alteration. The proposed amendment
would make the certification requirements for vehicle alterers
consistent with those for vehicle manufacturers.
DATES: Comments. Comments must be received on or before March 29, 1999.
Applicability Date. If adopted, the proposed amendment would apply
to motor vehicles manufactured on or after September 1, 1999.
ADDRESSES: Comments should refer to the docket number above and be
submitted to: Docket Management, Room PL-401, 400 Seventh Street, SW,
Washington, DC 20590. Docket hours are 9 am to 5 pm, Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Chief
Counsel, National Highway Traffic Safety Administration, 400 Seventh
Street, SW, Washington, DC 20590. (202-366-5238).
SUPPLEMENTARY INFORMATION: In a final rule published today, NHTSA is
amending its regulations on vehicle certification at 49 CFR 567.4 to
require the certification label for multipurpose passenger vehicles
(MPVs) and trucks with a gross vehicle weight rating (GVWR) of 6,000
pounds or less to specify that the vehicle complies with all applicable
Federal motor vehicle safety and theft prevention standards. As
explained in the final rule, this amendment was prompted by a letter
that NHTSA had received from a vehicle manufacturer noting that under a
provision of the Anti Car Theft Act of 1992 now codified at 49 U.S.C.
33101, the definition of vehicles subject to the major parts marking
requirements of the theft prevention standard was expanded to include
``a multi-purpose passenger vehicle or light duty truck when that
vehicle or truck is rated at not more than 6,000 pounds gross vehicle
weight.''
One of the comments submitted in response to the notice of proposed
rulemaking (NPRM) that preceded this final rule (published on June 25,
1998 at 63 FR 34623) was from John Russell Deane III, who identified
himself as the General Counsel of the Speciality Equipment Market
Association (SEMA). In his comment, Mr. Deane recommended that NHTSA
amend 49 CFR 567.7, the provision in the certification regulations that
prescribes requirements for persons who alter certified vehicles, so
that it is consistent with the amendments to the certification
requirements for manufacturers at 49 CFR 567.4 that the agency was
proposing.
The certification requirements in section 567.7 apply to a person
who alters a previously certified vehicle before it is first purchased
for purposes other than resale. The certification requirements are
triggered only when the vehicle is altered ``other than by the
addition, substitution, or removal of readily attachable components
such as mirrors or tire and rim assemblies, or minor finishing
operations such as painting,'' or when the vehicle is altered ``in such
a manner that its stated weight ratings are no longer valid.''
In his comment, Mr. Deane noted that although vehicle alterers have
a statutory responsibility to certify that any vehicle they alter that
is subject to the theft prevention standard remains in compliance with
that standard following the completion of the alterations, section
567.7 has never been amended to reflect that requirement.
In its response to Mr. Deane's comment, NHTSA acknowledged the
validity of the issue that he raised, and stated that the agency would
commence rulemaking shortly to address the disparity between the
certification responsibilities for manufacturers and those for alterers
with regard to the theft prevention standard.
Accordingly, NHTSA is proposing to amend the certification
regulations to require the label affixed by vehicle alterers to state
that the vehicle, as altered, conforms to all applicable Federal motor
vehicle safety, bumper, and theft prevention standards affected by the
alteration. So that vehicle alterers have adequate lead time to exhaust
their existing inventory of certification labels and have new labels
printed, if the proposed amendment is adopted, this requirement would
apply to vehicles manufactured on or after September 1, 1999.
Rulemaking Analyses and Notices
1. Executive Order 12866 (Federal Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
This proposal was not reviewed under E.O. 12866. NHTSA has analyzed
this proposal and determined that it is not ``significant'' within the
meaning of the Department of Transportation's regulatory policies and
procedures.
2. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, NHTSA has
evaluated the effects of this action on small entities. Based upon this
evaluation, I certify that the proposed amendment would not have a
significant economic impact on a substantial number of small entities.
Although most vehicle alterers are likely to qualify as small entities,
the proposed rule would have no adverse economic impact upon them
because they would be afforded adequate lead time to exhaust their
existing inventory of certification labels and have new labels printed.
This amendment would also have no effect on small organizations, and
small governmental units. Accordingly, no regulatory flexibility
analysis has been prepared.
3. Executive Order 12612 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rule would not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment. No
State laws would be affected.
4. National Environmental Policy Act
The agency has considered the environmental implications of this
proposed rule in accordance with the National Environmental Policy Act
of 1969 and determined that the proposed rule would not significantly
affect the human environment.
5. Civil Justice Reform
This proposed rule would not have any retroactive effect. It would
modify an existing Federal regulation to make it consistent with a
statutory requirement. A petition for reconsideration or other
administrative proceeding will not be a prerequisite to an action
seeking judicial review of this proposed rule. This proposed rule does
not preempt the states from adopting laws or regulations on the same
subject, except that if adopted, the resulting Federal regulation would
preempt a state regulation that is in actual conflict with the Federal
regulation or makes compliance with the Federal regulation impossible
or interferes with the implementation of the Federal statute.
Public Comments
Interested persons are invited to submit comments on the proposal.
It is requested but not required that 10 copies be submitted.
All comments must not exceed 15 pages in length. (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of
[[Page 6854]]
confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address given above, and seven
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 for the proposal will be considered, and
will be available for examination in the docket at the above address
both before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Comments received too
late for consideration in regard to the final rule will be considered
as suggestions for further rulemaking action. NHTSA will continue to
file relevant information as it becomes available in the docket after
the closing date, and it is recommended that interested persons
continue to examine the docket for new material. Comments will also be
available on line at www.dms.dot.gov.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 567
Labeling, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, the agency proposes to amend
Sec. 567.7, Requirements for persons who alter certified vehicles, in
Title 49 of the Code of Federal Regulations at Part 567 as follows:
PART 567--[AMENDED]
1. The authority citation for part 567 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, and 30115, 30117, 30166, 32502,
32504, 33101-33104, and 33109; delegation of authority at 49 CFR
1.50.
2. Section 567.7 would be amended by revising paragraph (a) to read
as follows:
Sec. 567.7 Requirements for persons who alter certified vehicles.
* * * * *
(a) The statement: ``This vehicle was altered by (individual or
corporate name) in (month and year in which alterations were completed)
and as altered it conforms to all applicable Federal Motor Vehicle
Safety Standards affected by the alteration and in effect in (month,
year).'' The second date shall be no earlier than the manufacturing
date of the original vehicle, and no later than the date alterations
were completed.
(1) In the case of passenger cars manufactured on or after
September 1, 1999, the expression ``safety, bumper, and theft
prevention'' shall be substituted in the statement for the word
``safety''.
(2) In the case of multipurpose passenger vehicles (MPVs) and
trucks with a GVWR of 6,000 pounds or less manufactured on or after
September 1, 1999, the expression ``and theft prevention'' shall be
included in the statement following the word ``safety''.
* * * * *
Issued on: January 29, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-3292 Filed 2-10-99; 8:45 am]
BILLING CODE 4910-59-P
