[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1749-1750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-100]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 555

[Docket 93-40; Notice 3]
RIN 2127-AE88


Temporary Exemption From Motor Vehicle Safety Standards

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Technical correction; final rule.

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SUMMARY: This notice corrects a grammatical error in the language of 
the certification label required for a vehicle temporarily exempted 
from compliance with the Federal motor vehicle safety standards.

DATES: The effective date of the final rule is February 6, 1995.

FOR FURTHER INFORMATION CONTACT: Taylor Vinson, Office of Chief 
Counsel, NHTSA (202-366-5263).

SUPPLEMENTARY INFORMATION: On October 29, 1993, NHTSA amended 49 CFR 
555.9(c)(1), the certification requirements for motor vehicles that 
have been temporarily exempted from compliance with one or more of the 
Federal motor vehicle safety standards, to conform it to the 
requirements of 49 CFR 567.4(g)(5) for nonexempted vehicles by 
including a reference to the Theft Prevention Standard (58 FR 58103).
    As amended, the manufacturer of an exempted vehicle, under 
paragraph 555.9(c)(1), shall:
    (c) Meet all applicable requirements of Part 567 of this chapter, 
except that--
    (1) Instead of the statement required by Sec. 567.4(g)(5) of this 
chapter, the following statement shall appear:
    ``THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE 
SAFETY AND THEFT PREVENTION STANDARDS (and, if a passenger car), BUMPER 
STANDARD IN EFFECT ON THE DATE OF MANUFACTURE SHOWN ABOVE EXCEPT FOR 
STANDARDS NOS. (listing the standards by number and title for which an 
exemption has been granted) EXEMPTED PURSUANT TO NHTSA EXEMPTION NO. 
____________.''
    Michael Grossman, representing Automobili Lamborghini, telephoned 
NHTSA to comment that this wording would require an exempted 
manufacturer of a passenger car to certify in part to ``* * * THEFT 
PREVENTION STANDARDS, BUMPER STANDARD. * * *'' He recommended that 
NHTSA correct this grammatical error by incorporating the language of 
the general certification requirement at Sec. 567.4(g)(5) with the 
exception now in effect under which the exempted standards are listed. 
NHTSA concurs with this comment, and is amending paragraph 555.9(c)(1) 
in an appropriate manner. A manufacturer of an exempted vehicle shall 
now:
    (c) Meet all applicable requirements of Part 567 of this chapter, 
except that--
    (1) The statement required by paragraph 567.4(g)(5) of this chapter 
shall end with the phrase ``except for Standards Nos. [listing the 
standards by number and title for which an exemption has been granted] 
exempted pursuant to NHTSA Exemption No. ________________''.

This amendment also addresses a recent observation by Chrysler 
Corporation that vehicles other than passenger cars, such as its 
electric vans which are covered by a Temporary Exemption, are not yet 
subject to 49 CFR Part 541 Federal Motor Vehicle Theft Prevention 
Standard, and its recommendation that the parenthetical reference to 
passenger cars should precede and not follow the reference to the theft 
prevention standard in paragraph 555.9. [[Page 1750]] 
    Although the wording of the two labels varies slightly, the 
variation is not substantive. The agency therefore has no objection if 
exempted manufacturers wish to exhaust their present supply of labels 
with the old wording.
    The notice also revises the authority citation for Part 555 to 
reflect the recodification in Title 49 of the United States Code of the 
statutory provisions previously in Title 15.

Effective Date

    Because the amendment is technical in nature and has no substantive 
impact, it is hereby found that notice and comment thereon are 
unnecessary. Further, because the amendment is technical in nature and 
has no substantive impact, it is hereby found for good cause shown that 
an effective date earlier than 180 days after issuance of the rule is 
in the public interest, and the amendment is effective February 6, 
1995. As the amendment makes no substantive change, it does not affect 
any of the impacts previously considered in the promulgation of part 
555.

Rulemaking Analyses

    Executive Order 12866 and DOT Regulatory Policies and Procedures. 
This rulemaking action has not been considered under Executive Order 
12866. However, it has been determined to be not significant under the 
Department of Transportation's regulatory policies and procedures. The 
agency has determined that the economic effects of the amendment are so 
minimal that a full regulatory evaluation is not required. 
Manufacturers subject to the final rule are not affected by the 
technical correction.
    Regulatory Flexibility Act. The agency has also considered the 
effects of this rulemaking action in relation to the Regulatory 
Flexibility Act. I certify that this rulemaking action will not have a 
significant economic effect upon a substantial number of small 
entities. Although manufacturers who receive temporary exemptions are 
generally small businesses within the meaning of the Regulatory 
Flexibility Act, the agency estimates that there will be no cost to 
conform to the final rule. Further, small organizations and 
governmental jurisdictions will not be significantly affected as the 
price of new exempted motor vehicles will not be impacted. Accordingly, 
no Regulatory Flexibility Analysis has been prepared.
    Executive Order 12612 (Federalism). This rulemaking action has been 
analyzed in accordance with the principles and criteria contained in 
Executive Order 12612 on ``Federalism.'' It has been determined that 
the rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    National Environmental Policy Act. NHTSA has analyzed this 
rulemaking action for purposes of the National Environmental Policy 
Act. The rule will not have a significant effect upon the environment. 
Manufacturers subject to this regulation must already provide a 
certification label for their vehicles. The rule will not have an 
effect upon fuel consumption.
    Civil Justice. This rule does not have any retroactive effect. 
Under 49 U.S.C. 30103, whenever a Federal motor vehicle safety standard 
is in effect, a state may not adopt or maintain a safety standard 
applicable to the same aspect of performance which is not identical to 
the Federal standard. Section 30161 of Title 49 sets forth a procedure 
for judicial review of final rules establishing, amending or revoking 
Federal motor vehicle safety standards. That section 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 555

    Imports, Motor vehicle safety, Motor vehicles.

PART 555--TEMPORARY EXEMPTIONS FROM MOTOR VEHICLE SAFETY STANDARDS

    In consideration of the foregoing, 49 CFR part 555 is amended as 
follows:
    1. The authority citation for part 555 is revised to read as 
follows:

    Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR 
1.50.

    2. Section 555.9 is amended by revising paragraph (c)(1) to read as 
follows:


Sec. 555.9  Temporary exemption labels.

* * * * *
    (c) * * *
    (1) The statement required by Sec. 567.4(g)(5) of this chapter 
shall end with the phrase ``except for Standards Nos. [listing the 
standards by number and title for which an exemption has been granted] 
exempted pursuant to NHTSA Exemption No. ________________.''
* * * * *
    Issued on December 28, 1994.
Ricardo Martinez,
Administrator.
[FR Doc. 95-100 Filed 1-4-95; 8:45 am]
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