[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Rules and Regulations]
[Pages 19201-19202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10792]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 96-44, Notice 01]
RIN 2127-AG30


Federal Motor Vehicle Safety Standards; Fuel System Integrity

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Final rule, technical amendment.

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SUMMARY: This document deletes several obsolete sections of Standard 
No. 301, ``Fuel System Integrity.'' They relate to (1) the standard's 
general requirements in S5 as they apply to light vehicles, (2) the 
requirements for schoolbuses in S5.4, and (3) the requirements for fuel 
spillage in S5.5. These sections are obsolete because the time periods 
to which they specify are all in the past.

EFFECTIVE DATE: This rule is effective May 31, 1996.

FOR FURTHER INFORMATION CONTACT: For nonlegal issues: Dr. William J.J. 
Liu, Office of Vehicle Safety Standards, NPS-12, telephone (202) 366-
4923.
    For legal issues: Mr. Marvin Shaw, Office of Chief Counsel, NCC-20, 
(202) 366-2992. Both may be reached at the National Highway Traffic 
Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590.

SUPPLEMENTARY INFORMATION: Pursuant to the President's March 4, 1995 
directive, ``Regulatory Reinvention Initiative,'' to the heads of 
departments and agencies, NHTSA undertook a review of all its 
regulations and directives. During the course of this review, the 
agency identified several requirements and regulations that are 
potential candidates for rescission. In reviewing Standard No. 301, the 
agency identified several obsolete sections relating to (1) the 
standard's general requirements in S5 as they apply to light vehicles, 
(2) the requirements for school buses in S5.4, and (3) the requirements 
for fuel spillage in S5.5. These sections are obsolete because the time 
periods to which they relate are all in the past. To improve the 
clarity and conciseness of

[[Page 19202]]

Standard No. 301, the agency is deleting these sections from the 
standard.
    The obsolete sections of the standard relating to certain light 
vehicles are S5.2 and S5.3. Paragraph S5.2 had set forth requirements 
for vehicles with a gross vehicle weight rating (GVWR) of 6,000 pounds 
or less. Paragraph S5.3 had set forth requirements for vehicles with a 
GVWR of more than 6,000 pounds but not more than 10,000 pounds. These 
weight provisions, while relevant when the Standard was enacted in 1975 
are no longer relevant. Paragraph S5.1 is amended to include vehicles 
that were formerly addressed in S5.2 and S5.3. Paragraph S5.4 is 
amended to delete an outdated reference to vehicles manufactured before 
April 1, 1977. Paragraph S5.5 is amended to delete an outdated 
reference to vehicles manufactured before September 1, 1976.
    NHTSA finds good cause to make this amendment effective 30 days 
after publication of this document. This amendment makes minor changes 
to Standard No. 301.
    NHTSA also finds for good cause that notice and an opportunity for 
comment on this document are unnecessary. This document does not impose 
any additional responsibilities on any manufacturer. Instead, this 
document simply removes outdated provisions and references in the 
standard.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking document was not reviewed under E.O. 12866, 
``Regulatory Planning and Review.'' Further, this action has been 
determined to be not ``significant'' under the Department of 
Transportation's regulatory policies and procedures. This rule removes 
outdated portions of Standard 301 without changing any of the 
requirements in the standard. Because this rule does not affect any 
substantive requirement of the fuel system integrity standard, its 
impacts are so minimal as not to warrant preparation of a full 
regulatory evaluation.

Regulatory Flexibility Act

    NHTSA has also considered the impacts of this rule under the 
Regulatory Flexibility Act. I hereby certify that this rule will not 
have a significant economic impact on a substantial number of small 
entities. As noted above, this rule simply removes outdated portions of 
Standard 301. It has no effect whatsoever on the manufacture or sale of 
vehicles.

National Environmental Policy Act

    NHTSA has also analyzed this rule under the National Environmental 
Policy Act and determined that it will not have a significant impact on 
the human environment.

Executive Order 12612 (Federalism)

    NHTSA has analyzed this rule in accordance with the principles and 
criteria contained in E.O. 12612, and has determined that this rule 
will not have significant federalism implications to warrant the 
preparation of a Federalism Assessment.

Civil Justice Reform

    This rule will 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, except to the extent that the state requirement imposes a 
higher level of performance and applies only to vehicles procured for 
the State's use. 49 U.S.C. 30161 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 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires.

    In consideration of the foregoing, the agency is amending 49 CFR 
Sec. 571.301, Fuel System Integrity, to read as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for part 571 continues to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.

    2. Section 571.301 is amended by revising S5.1, S5.4, and S5.5 and 
by removing and reserving S5.2 and S5.3 to read as follows:


Sec. 571.301  Standard No. 301, Fuel System Integrity.

* * * * *
    S5. General requirements.
    S5.1  Passenger cars, and multipurpose passenger vehicles, trucks, 
and buses with a GVWR of 10,000 pounds or less. Each passenger car and 
each multipurpose passenger vehicle, truck, and bus with a GVWR of 
10,000 pounds or less shall meet the requirements of S6.1 through S6.4. 
Each of these types of vehicles that is manufactured to use alcohol 
fuels shall also meet the requirements of S6.6.
    S5.2  [Reserved]
    S5.3  [Reserved]
    S5.4  Schoolbuses with a GVWR greater than 10,000 pounds. Each 
schoolbus with a GVWR greater than 10,000 pounds shall meet the 
requirements of S6.5. Each schoolbus with a GVWR greater than 10,000 
pounds that is manufactured to use alcohol fuels shall meet the 
requirements of S6.6.
    S5.5  Fuel Spillage: Barrier Crash. Fuel spillage for each vehicle 
in any fixed or moving barrier crash test shall not exceed 1 ounce by 
weight from impact until motion of the vehicle has ceased, and shall 
not exceed a total of 5 ounces by weight in the 5-minute period 
following cessation of motion. For the subsequent 25-minute period, 
fuel spillage during any 1-minute interval shall not exceed 1 ounce by 
weight.

    Issued on: April 25, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-10792 Filed 4-30-96; 8:45 am]
BILLING CODE 4910-59-P