[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Rules and Regulations]
[Pages 14228-14229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6518]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 583
[Docket No. 92-64; Notice 06]
RIN 2127-AF60
Motor Vehicle Content Labeling
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final Rule; Partial Response to Petitions for Reconsideration.
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SUMMARY: The American Automobile Labeling Act requires passenger cars
and other light vehicles to be labeled with information about their
domestic and foreign parts content. This document provides a partial
response to several petitions for reconsideration of the agency's July
1994 final rule implementing that statute. NHTSA is extending by one
year a temporary compliance alternative for how manufacturers and
suppliers may make content calculations.
DATES: This regulation is effective April 17, 1995. Petitions for
reconsideration must be received not later than April 17, 1995.
ADDRESSES: Petitions for reconsideration should be submitted to:
Administrator, National Highway Traffic Safety Administration, 400
Seventh Street SW, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Mr. Orron Kee, Office of Market
Incentives, National Highway Safety [[Page 14229]] Administration, Room
5313, 400 Seventh Street SW, Washington, DC 20590 (202-366-0846).
SUPPLEMENTARY INFORMATION: On July 21, 1994, NHTSA published in the
Federal Register (59 FR 37294) a final rule implementing the American
Automobile Labeling Act. That statute requires passenger cars and other
light vehicles to be labeled with information about their domestic and
foreign parts content.
NHTSA received petitions for reconsideration from the American
Automobile Manufacturers Association, General Motors, the Association
of International Automobile Manufacturers, Volkswagen, the American
International Automobile Dealers Association, and the Kentucky Cabinet
for Economic Development. The petitioners raised a number of issues
about provisions which they regard as overly burdensome and likely to
have the effect of requiring manufacturers to report inaccurate
percentages of domestic content. Some of the petitioners' requests
raised very complex issues concerning the latitude the agency has under
the law to grant the requested relief.
NHTSA is now in the process of completing its response to the
petitions. It recognizes, however, that manufacturers and suppliers
have an immediate need for guidance regarding the procedures for making
content determinations for the 1996 model year. Indeed, manufacturers
are already in the process of collecting content data from suppliers
for the 1996 model year.
NHTSA has therefore decided to extend by one year a temporary
alternative approach for data collection and calculations. This
approach permits manufacturers and suppliers to use procedures that are
expected to yield similar results. This alternative was originally
available, under the July 1994 final rule, for model year 1995 and
model year 1996 carlines which were first offered for sale to ultimate
purchasers before June 1, 1995. The alternative is hereby extended to
all model year 1996 carlines and model year 1997 carlines which are
first offered for sale to ultimate purchasers before June 1, 1996. The
one-year extension of the alternative will ensure that consumers
receive the best information possible about the foreign and U.S./Canada
origin of vehicles they are considering purchasing during this period,
while minimizing burdens on auto manufacturers. For a more complete
discussion of this alternative, see 59 FR 37324-25, July 21, 1994.
This final rule is being issued in partial response to the
petitions for reconsideration. The agency expects to complete its full
response to the petitions shortly.
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impacts of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was not reviewed
under Executive Order 12866. The July 1994 final rule was determined to
be ``significant'' under the Department's regulatory policies and
procedures, given the degree of public interest and the relationship to
other Federal programs and agencies, particularly those related to
international trade. However, this final rule is not considered
significant since it merely extends a temporary compliance option
permitted under that final rule.
NHTSA discussed the costs associated with the July 1994 rule in a
Final Regulatory Evaluation which was placed in the docket for that
rulemaking. Today's amendments reduce manufacturer and supplier costs
during the time of the extension by simplifying the process for making
content determinations.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, the agency has
considered the impact this rulemaking will have on small entities. I
certify that this action will not have a significant economic impact on
a substantial number of small entities. Therefore, a regulatory
flexibility analysis is not required for this action. Although certain
small businesses, such as parts suppliers and some vehicle
manufacturers, are affected by the regulation, the effect on them is
minor. More specifically, the amendment provides small cost savings
during the time of the extension by simplifying the process for making
content determinations.
C. National Environmental Policy Act
The agency has analyzed the environmental impacts of the regulation
in accordance with the National Environmental Policy Act, 42 U.S.C.
4321 et seq., and has concluded that it will not have a significant
effect on the quality of the human environment.
D. 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 rule does not have sufficient Federalism implications to
warrant the preparation of a Federalism Assessment.
E. Paperwork Reduction Act
There are no reporting and recordkeeping requirements associated
with this final rule.
F. Executive Order 12778 (Civil Justice Reform)
This rule does not have any retroactive effect. States are
preempted from promulgating laws and regulations contrary to the
provisions of the rule. The rule 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 583
Motor vehicles, Imports, Labeling, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49 CFR part 583 is amended as
follows:
PART 583--AUTOMOBILE PARTS CONTENT LABELING
1. The authority citation for part 583 continues to read as
follows:
Authority: 49 U.S.C. 32304, 49 CFR 1.50, 501.2(f).
2. Section 583.5 is amended by revising paragraph (i) to read as
follows:
Sec. 583.5 Label requirements.
* * * * *
(i) Manufacturers need not provide any of the information provided
in this part for model year 1994 vehicles. For model year 1995 and
model year 1996 carlines, and for model year 1997 carlines which are
first offered for sale to ultimate purchasers before June 1, 1996,
manufacturers and suppliers may, instead of following the calculation
procedures set forth in this part, use procedures that they expect, in
good faith, to yield similar results.
Issued on March 13, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-6518 Filed 3-15-95; 8:45 am]
BILLING CODE 4910-59-P
