[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Proposed Rules]
[Pages 34623-34624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16849]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 567
[Docket No. NHTSA-98-3902]
RIN 2127-AG65
Vehicle Certification; Contents of Certification Labels for
Multipurpose Passenger Vehicles and Light Duty Trucks
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 manufacturers are required to affix to new motor vehicles. The
amendment would 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. Under the existing regulations, the certification labels on
these vehicles need only state that the vehicles comply with all
applicable Federal motor vehicle safety standards. The proposed
amendment would conform the certification requirements to legislation
making the theft prevention standard applicable to MPVs and trucks
rated at 6,000 pounds or less.
DATES: Comments. Comments must be received on or before August 10,
1998. If adopted, the proposed amendment would apply to MPVs and trucks
with a GVWR of 6,000 pounds or less that are manufactured on or after
January 1, 1999.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted to: Docket Management, Room PL-401, 400 Seventh
Street, SW, Washington, DC 20590. Docket hours are 10:00 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, S.W., Washington, D.C. 20590. (202-366-5238).
SUPPLEMENTARY INFORMATION: In June 1996, NHTSA received a letter from
American Honda Motor Co., Inc. (Honda) seeking clarification of certain
vehicle certification requirements in 49 CFR Part 567. The letter noted
that section 567.4(g)(5)(ii) of those regulations requires the
certification label on 1987 and subsequent model year passenger cars
manufactured on or after April 24, 1986, to state that the vehicle
``conforms to all applicable Federal motor vehicle safety, bumper, and
theft prevention standards in effect on the date of manufacture * *
*.'' Honda's letter further noted 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.'' This
prompted Honda to observe that the language prescribed for
certification labels at 49 CFR 567.4(g)(5) may have to be amended to
reflect these vehicles' conformity with the theft prevention standard.
In its response to Honda's letter, NHTSA noted that although the
Anti Car Theft Act of 1992 contains no explicit requirement for such an
amendment to the vehicle certification regulations, the agency agreed
that this amendment should be made so that the certification
requirements for MPVs and trucks with a GVWR of 6,000 pounds or less
are consistent with those in sections 567.4(g)(5)(i) and (ii) that
apply specifically to passenger cars.
Accordingly, NHTSA is proposing to amend the certification
regulations to require the certification label for MPVs and trucks with
a GVWR of 6,000 pounds or less to specify that the vehicle complies
with all applicable Federal motor vehicle safety and theft prevention
standards. So that affected manufacturers 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 January 1, 1999.
[[Page 34624]]
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.
Motor vehicle manufacturers who are likely to be affected by the
proposed amendment typically would not qualify as small entities. This
amendment would also have no effect on small businesses, 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 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. 567.4, Requirements for manufacturers of motor vehicles, in Title
49 of the Code of Federal Regulations at Part 567 as follows:
PARTS 567--[AMENDED]
1. The authority citation for Part 567 would be revised 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 567.4 would be amended by adding a new paragraph
(g)(5)(iii), to read as follows:
Sec. 567.4 Requirements for manufacturers of motor vehicles.
* * * * *
(g) * * *
(5) * * *
(iii) In the case of multipurpose passenger vehicles (MPVs) and
trucks with a GVWR of 6,000 pounds or less manufactured on or after
January 1, 1999, the expression ``and theft prevention'' shall be
included in the statement following the word ``safety''.
* * * * *
Issued: June 19, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-16849 Filed 6-24-98; 8:45 am]
BILLING CODE 4910-59-P