[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47876-47878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22998]
=======================================================================
-----------------------------------------------------------------------
[[Page 47877]]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 531
[Docket No. 95-45; Notice 2]
Passenger Automobile Average Fuel Economy Standards; MedNet
Incorporated; Final Decision
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final decision.
-----------------------------------------------------------------------
SUMMARY: This decision responds to a petition filed by MedNet
Incorporated (MedNet) requesting that it be exempted from the generally
applicable average fuel economy standard of 27.5 miles per gallon (mpg)
for model years 1996 through 1998, and that lower alternative standards
be established for it for each of these model years. This decision
exempts MedNet and establishes an alternative standard of 17.0 mpg for
MY 1996, MY 1997, and MY 1998.
DATES: Effective date: October 30, 1995. This exemption and the
alternative standards apply to MedNet for MYs 1996, 1997, and 1998.
Petitions for reconsideration must be submitted by October 16, 1995.
ADDRESSES: Petitions for reconsideration must be submitted to:
Administrator, NHTSA, 400 Seventh Street SW., Washington, D.C. 20590.
It is requested, but not required, that 10 copies be provided.
FOR FURTHER INFORMATION CONTACT: Ms. Henrietta Spinner, Office of
Market Incentives, NHTSA, 400 Seventh Street SW., Washington, D.C.
20590. Ms. Spinner's telephone number is: (202) 366-4802.
SUPPLEMENTARY INFORMATION: NHTSA is exempting MedNet from the generally
applicable average fuel economy standard for 1996, 1997, and 1998 model
years and establishing alternative standards applicable to MedNet for
each of these model years. This exemption is issued under the authority
of 49 U.S.C. 32902(d), providing that NHTSA may exempt a low volume
manufacturer of passenger automobiles from the generally applicable
average fuel economy standards if NHTSA concludes that those standards
are more stringent than the maximum feasible average fuel economy for
that manufacturer and if NHTSA establishes an alternative standard for
that manufacturer at its maximum feasible level. Under the statute, a
low volume manufacturer is one that manufactured (worldwide) fewer than
10,000 passenger automobiles in the second model year before the model
year for which the exemption is sought (the affected model year) and
that will manufacture fewer than 10,000 passenger automobiles in the
affected model year. In determining the maximum feasible average fuel
economy, the agency is required under 49 U.S.C. 32902(f) to consider:
(1) Technological feasibility
(2) Economic practicability
(3) The effect of other Federal motor vehicle standards on fuel
economy, and
(4) The need of the Nation to conserve energy.
This final decision was preceded by a proposed decision announcing
the agency's tentative conclusion that it would not be technologically
feasible and economically practicable for MedNet to improve the fuel
economy of its vehicles in MY 1996 through 1998 above an average of
17.0 mpg for MY 1996, 17.0 mpg for MY 1997, and 17.0 mpg for MY 1998
and that the maximum feasible average fuel economy for MedNet is 17.0
mpg in MY 1996, 17.0 mpg in MY 1997, and 17.0 mpg in MY 1998. (60 FR
31937) No comments were received on the proposed decision.
The agency is adopting the tentative conclusions set forth in the
proposed decision as its final conclusions, for the reasons set forth
in the proposed decision. Based on the conclusions that the maximum
feasible average fuel economy level for MedNet in each of MYs 1996,
1997, and 1998 is 17.0 mpg, that other Federal motor vehicle safety
standards will not affect achievable fuel economy beyond the extent
considered in the proposed decision, and that the nation's need to
conserve energy will not be affected by granting this exemption, NHTSA
hereby exempts MedNet from the generally applicable passenger
automobile average fuel economy standard for the 1996, 1997, and 1998
model years and establishes an alternative standard of 17.0 mpg for
MedNet for each of these years.
NHTSA has analyzed this decision and determined that neither
Executive Order 12866 nor the Department of Transportation's regulatory
policies and procedures apply. Under Executive Order 12866, the
proposal would not establish a ``rule,'' which is defined in the
Executive Order as ``an agency statement of general applicability and
future effect.'' This exemption is not generally applicable, since it
would apply only to MedNet, Inc., as discussed in this decision. Under
DOT regulatory policies and procedures, this decision is not a
``significant regulation.'' If the Executive Order and the Departmental
policies and procedures were applicable, the agency would have
determined that this proposed action is neither major nor significant.
The principal impact of this exemption is that MedNet will not be
required to pay civil penalties if it achieves a CAFE level equivalent
to the alternative standard published in this notice. Since this
decision sets an alternative standard at the level determined to be
MedNet's maximum feasible level for MYs 1996 through 1998, no fuel
would be saved by establishing a higher alternative standard. The
impacts for the public at large are minimal.
The agency has also considered the environmental implications of
this decision in accordance with the National Environmental Policy Act
and determined that this decision will not significantly affect the
human environment. Regardless of the fuel economy of the exempted
vehicles, they must pass the emissions standards which measure the
amount of emissions per mile traveled. Thus, the quality of the air is
not affected by the decision and alternative standards. Further, since
MedNet's MY 1996, 1997, and 1998 automobiles cannot achieve better fuel
economy than 17.0 mpg, granting this exemption will not affect the
amount of fuel used.
Since the Regulatory Flexibility Act may apply to a decision
exempting a manufacturer from a generally applicable standard, I
certify that this decision will not have a significant impact on a
substantial number of small entities. This decision does not impose any
burdens on MedNet. It does relieve the company from having to pay civil
penalties for noncompliance with the generally applicable standard for
MY's 1996, 1997, and 1998. Since the price of 1996, 1997, and 1998
MedNet automobiles will not be affected by this decision, the
purchasers will not be affected.
List of Subjects in 49 CFR Part 531
Energy conservation, Gasoline, Imports, Motor Vehicles.
In consideration of the foregoing, 49 CFR part 531 is amended to
read as follows:
PART 531--[AMENDED]
1. The authority citation for part 531 is revised to read as
follows:
Authority: 49 U.S.C. 32902; Delegation of authority at 49 CFR
1.50.
2. In Sec. 531.5, the introductory text of paragraph (b) is
republished for the convenience of the reader and paragraph (b)(12) is
added to read as follows:
[[Page 47878]]
Sec. 531.5 Fuel economy standards.
* * * * *
(b) The following manufacturers shall comply with the standards
indicated below for the specified model years:
* * * * *
(12) MedNet, Inc.
------------------------------------------------------------------------
Average fuel
economy
Model year standard
(miles per
gallon)
------------------------------------------------------------------------
1996.................................................... 17.0
1997.................................................... 17.0
1998.................................................... 17.0
------------------------------------------------------------------------
Issued on: September 12, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-22998 Filed 9-14-95; 8:45 am]
BILLING CODE: 4910-59-P
