[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)]
[Notices]
[Pages 563-570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34827]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4956, Notice 1]
RIN 2127-AH29


Agency Priorities and Public Participation in the Implementation 
of the 1998 Agreement on Global Technical Regulations; Statement of 
Policy

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

ACTION: Request for comments; notice of public workshop.

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SUMMARY: NHTSA is holding a public workshop and soliciting written 
public comments on a draft statement of policy concerning (1) agency's 
priorities in the implementation of the United Nations/Economic 
Commission for Europe 1998 Agreement on Global Technical Regulations 
for Wheeled Vehicles, Equipment and Parts, and (2) this agency's 
activities and practices for facilitating public participation in the 
implementation of the 1998 Agreement. The policy statement would go 
into effect when the 1998 Agreement enters into force. The notice also 
explores other methods for promoting public participation, e.g., the 
possibility of including members of the public as advisers in the NHTSA 
delegation.
    The U.S. Environmental Protection Agency (EPA) which, together with 
NHTSA, negotiated the Agreement for the U.S., will participate in the 
public workshop. EPA plans to issue a similar statement of policy.

DATES: Public workshop: The public workshop will be held on February 3, 
1999, from 9:00 a.m. to 5:00 p.m.
    Those wishing to participate in the workshop should contact Ms. 
Julie Abraham by February 1, 1999.
    Written comments: Written comments may be submitted to this agency 
and must be received by February 18, 1999.

ADDRESSES: Public workshop: The public workshop will be held in rooms 
6200-6204 of the Nassif Building, 400 Seventh St. SW, Washington DC 
20590.
    Written comments: All written comments must refer to the docket and 
notice number of this notice and be submitted (preferably 2 copies) to 
the Docket Management, Room PL-401, 400 Seventh Street, SW, Washington, 
DC 20590. (Docket Room is open 10:00 a.m. to 5:00 p.m., Monday through 
Friday.)

FOR FURTHER INFORMATION CONTACT:
    Ms. Julie Abraham, Director, Office of International Harmonization, 
National Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC. Telephone: (202) 366-2114. Fax: (202) 366-2106.
    Ms. Rebecca MacPherson, National Highway Traffic Safety 
Administration, 400 Seventh Street, S.W., Washington, DC 20590. 
Telephone: (202) 366-2992. Fax: (202) 366-3820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Opening of 1998 Agreement for signature
    B. Purpose of and need for 1998 Agreement
    C. Issue of public participation
    D. Purpose of this notice
II. Background
    A. May 1998 final rule on process for assessing safety 
performance and functional equivalence of U.S. and foreign standards
    B. June 1998 public meeting on initial plans for promoting 
public participation in the implementation of the 1998 Agreement
III. Highlights of 1998 Agreement
IV. Discussion of policy statement
V. Other methods for promoting public participation
VI. Public workshop
    A. Purpose
    B. Procedures
    C. Agenda
VII. Regulatory analyses and notices
VIII. Written comments
Draft policy statement

I. Introduction

A. Opening of the 1998 Agreement for Signature

    On June 25, 1998, the U.S. became the first signatory to the United 
Nations/Economic Commission for Europe (UN/ECE) 1 Agreement 
Concerning the Establishing of Global Technical Regulations for Wheeled 
Vehicles, Equipment and Parts Which Can Be Fitted And/or Be Used on 
Wheeled Vehicles (the ``1998 Agreement''). This agreement was 
negotiated under the

[[Page 564]]

auspices of the UN/ECE under the leadership of the U.S., European 
Community and Japan.2 The 1998 Agreement provides for the 
establishment of global technical regulations regarding the safety, 
emissions, energy conservation and theft prevention of wheeled 
vehicles, equipment and parts. The covered equipment and parts include, 
but are not limited to, exhaust systems, tires, engines, acoustic 
shields, anti-theft alarms, warning devices, and child restraint 
systems.
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    \1\ The Economic Commission for Europe was established by the 
United Nations in 1947 to help rebuild post-war Europe, develop 
economic activity and strengthen economic relations between European 
countries and between them and the other countries of the world.
    \2\ At the opening of the 1998 agreement for signature, 
representatives of the European Community and Japan indicated 
interest in becoming signatories. The representative of the European 
Community said that the Community is ``committed to completing its 
internal procedures at the earliest opportunity in order to sign the 
Agreement without delay.'' Although the representative of Japan did 
not refer to any specific time frame for Japan's accession to the 
Agreement, he did state that Japan believes that ``it is very 
important that many countries join this process and cooperate in 
this forum towards the global harmonization of technical 
regulations.''
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B. Purpose of and Need for 1998 Agreement

    The decision of the U.S. to sign the 1998 Agreement and participate 
in a global standards development process is a critical step toward a 
cooperative worldwide search for best safety and environmental 
practices. The U.S. does not have a vote under an existing earlier UN/
ECE agreement regarding wheeled vehicles, equipment and parts, known as 
the 1958 Agreement, since the U.S. is not a signatory to that 
agreement.3 This has limited the ability of the U.S. to 
influence the substance of the standards adopted under the 1958 
Agreement.
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    \3\ In 1955, the United Nations Economic Commission for Europe 
established, under the Inland Transport Committee, the Working Party 
on the Construction of Vehicles (commonly known as WP 29). In 1958, 
WP 29 created procedures for establishing uniform regulations 
regarding motor vehicles, equipment and parts, including those 
affecting road safety. These procedures were codified in 1958 by UN/
ECE Agreement Concerning the Adoption of Uniform Conditions of 
Approval and Reciprocal Recognition of Approval for Motor Vehicle 
Equipment and Parts, (commonly referred to as the 1958 Agreement). 
The 1958 Agreement also established a system for mutual recognition 
of each party's approvals of motor vehicle equipment and parts, as 
long as these approvals were granted in accordance with the 1958 
Agreement's conditions. While the original 1958 Agreement dealt 
primarily with safety issues, in the late 1960s, the Working Group 
on Pollution and Energy and the Working Group on Noise were 
instituted as subgroups of WP 29 for the purpose of developing 
emission and noise regulations respectively, and in 1995, the 
agreement was revised to include the development of regulations 
concerning pollution and energy. There are now six Working Groups: 
the Working Group on Noise; the Working Group on Lighting and Light-
Signalling; the Working Group on Pollution and Energy; the Working 
Group on Brakes and Running Gear; the Working Group on General 
Safety Provision; and the Working Group on Passive Safety.
    Fifty-five countries, including the United States, participate 
in WP 29. However, only 28 European countries are party to the 1958 
Agreement. The WP 29, through its administration of the 1958 
Agreement, is the only multinational governmental forum currently 
coordinating the development of motor vehicle safety and 
environmental regulations. The 1958 Agreement has provided the 
European countries with a U.N.-based forum to promulgate their 
automotive regulations within Europe. More recently, this regulation 
development forum has become a reference source for motor vehicle 
regulations for many other parts of the world, which has expanded 
the adoption of European regulations rather than those of the United 
States.
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    Becoming a Contracting Party to the 1998 Agreement accomplishes 
several purposes for the U.S. It gives the U.S. a vote in the 
establishment of global technical regulations for wheeled vehicles, 
equipment and parts under the UN/ECE and enables the U.S. to take a 
leading role in effectively influencing the selection of the level of 
vehicle safety regulations worldwide. This is appropriate since the 
U.S. has been at the forefront in collecting and analyzing crash data, 
conducting vehicle safety research, analyzing the impacts of regulatory 
alternatives, and requiring high levels of safety. The Agreement 
ensures that U.S. standards and their benefits will be properly 
considered in any effort to adopt a harmonized global technical 
regulation.

C. Issue of Public Participation

    Various public interest groups have expressed concerns about the 
opportunities for the public to participate in activities related to 
the 1998 Agreement. Similar concerns have been expressed by other 
groups about other international agreements providing for the 
establishment of international standards by organizations that meet 
outside the U.S. The common concern is that global technical 
regulations will be established abroad without adequate involvement of 
the American public. In the case of the 1998 Agreement, groups have 
also expressed the view that the decisions made in Geneva could pre-
determine the outcome of subsequent rulemaking proceedings in the U.S., 
even though Federal motor vehicle safety standards (FMVSSs) cannot be 
amended or established without satisfaction of the Administrative 
Procedure Act and the statutory provisions governing the FMVSSs.

D. Purpose of This Notice

    The purpose of this notice is to obtain oral and written comments 
on a draft policy statement that has two purposes. First, it sets forth 
a listing of priorities that will guide this agency during its 
participation in activities under the 1998 Agreement when the Agreement 
enters into force. Second, it sets forth the practices and activities 
that this agency could use to ensure that the public has the 
information and opportunity necessary to follow the development of 
global technical regulations under the 1998 Agreement and to provide 
its views, beginning at the earliest stages, regarding those 
regulations.

II. Background

A. May 1998 Final Rule on Process for Assessing Safety Performance and 
Functional Equivalence of U.S. and Foreign Standards

    On May 13, 1998, this agency published a final rule reaffirming its 
policy of focusing its international harmonization activities on 
identifying those foreign vehicle safety standards that clearly reflect 
best practices, i.e., that require significantly higher levels of 
safety performance than the counterpart U.S. standard. (63 FR 26508) 
NHTSA's policy is to upgrade its standards to the level of those 
foreign standards.
    NHTSA emphasized that three goals must remain of primary importance 
as this agency participates in efforts to explore the possibility of 
harmonizing its standards with those of other countries and regions in 
appropriate circumstances. First, this agency must ensure that there is 
no degradation of the safety provided by a regulation as a result of 
achieving harmonization. Second, this agency must preserve the quality 
and transparency of its regulatory process by inviting all interested 
parties to be heard and duly considered. Third, this agency must 
preserve its ability to respond, through future rulemaking, to changing 
safety technology and problems and make appropriate improvements in its 
safety standards.
    The final rule also announced this agency's policy regarding 
instances in which its comparison of standards indicates that the 
safety performance required by a foreign standard is not significantly 
higher, but is still better than or at least as good as that required 
by the counterpart U.S. standard. In those instances, this agency said 
that it will consider the possibility of amending the U.S. standard to 
allow manufacturers to comply with either standard or to harmonize the 
U.S. standard with the foreign standard.
    Since the final rule was issued slightly more than one month before 
the June 1998 UN/ECE meeting in Geneva at which the U.S. expected to 
sign the 1998 Agreement, NHTSA reaffirmed in the final rule its 
commitment to

[[Page 565]]

transparency and public participation in connection with international 
harmonization activities. With respect to the implementation of the 
1998 Agreement, this agency emphasized that it would not only keep the 
public advised of the key activities and make available key documents 
relating to the development of vehicle safety standards under the 1998 
Agreement, but also provide appropriate, and timely, opportunities for 
obtaining public input regarding the merits of these matters. This 
agency said that it would elaborate more fully on its procedures 
regarding transparency and public participation in the near future.

B. June 1998 Public Meeting on Initial Plans for Promoting Public 
Participation in the Implementation of the 1998 Agreement

    In a June 17, 1998 public meeting in Washington, D.C., NHTSA took 
the next step. It laid out its initial plans for promoting effective 
public participation at the earliest stage in the consideration of 
global technical regulations concerning motor vehicle safety. The 
centerpiece of the plans was a set of activities and practices in the 
U.S. that would parallel the global technical regulation development 
process in Geneva. NHTSA said that the activities and practices would 
include the following measures:
     Access to information. NHTSA will post on its Website 
information such as a periodically-updated agenda of scheduled meetings 
of WP 29 and its committees (called working parties of experts) related 
to the 1998 Agreement; key documents, such as proposed global technical 
regulations referred under the 1998 Agreement to working parties of 
experts for their consideration; and working party reports recommending 
establishment of specific global technical regulations. NHTSA already 
has worked with the UN/ECE to ensure that the documents generated by WP 
29 are accessible on the internet to the public. NHTSA also has worked 
with the UN/ECE to ensure that the meetings of WP 29 are open to the 
public.
     Opportunity to be heard. NHTSA will solicit comments from 
the public at key intervals during the development of global technical 
regulations. NHTSA will place those comments in the U.S. Department of 
Transportation's internet-accessible public docket.
     Opportunity to discuss. NHTSA will hold periodic public 
meetings to discuss developments at recent meetings of WP 29 and its 
working parties of experts related to the 1998 Agreement.
    In addition, this agency invited representatives of the industry 
and consumer groups and other members of the public to participate as 
advisers in the U.S. delegation that will attend the meetings of the 
full membership in Geneva. This agency announced that a public workshop 
for discussion of the plan will be scheduled and a statement of policy 
will be published in the Federal Register so that the public can review 
and comment on it.
    A broad spectrum of interests were represented at the June public 
meeting. Among the attendees were representatives of the European 
Commission, the Japan Automobile Standards Internationalization Center, 
domestic and foreign motor vehicle manufacturers, and various public 
interest groups.
    Representatives of four public interest groups spoke briefly at the 
meeting. All four generally supported this agency's planned activities 
and practices, but urged that even more efforts be made to promote 
public participation.
    Advocates for Highway and Auto Safety (Advocates) said that this 
agency must do more than offer a chance for the public to comment on 
technical regulations being developed under the 1998 Agreement. 
Advocates submitted a paper listing the specific steps that it believed 
this agency and EPA must take at each of the following three phases of 
negotiation: before any negotiations begin, during any negotiations, 
and after negotiations have produced a text of a tentative global 
technical regulation. For example, it said that this agency must accept 
public comments before developing its negotiating positions and then 
must declare those positions before going to Geneva to begin 
negotiations. If negotiations in Geneva cause this agency to conclude 
that it is desirable to change a previously declared U.S. negotiating 
position, this agency's negotiators must first return to the U.S. and 
seek public comments before actually changing the U.S. position. Before 
voting on a recommended global technical regulation, this agency must 
first seek public comment. In addition to providing copies of all key 
documents, this agency should provide the stated positions of other 
Contracting Parties to the 1998 Agreement.
    The Alliance of Insurance Associations (AIA) endorsed the 
procedural suggestions made by Advocates. AIA asked that this agency 
incorporate its public participation measures in a legally binding 
regulation. That organization also expressed concern about issues 
related to the World Trade Organization Technical Barriers to Trade 
Agreement (TBT Agreement).4 AIA was particularly concerned 
that a case could be made under the TBT Agreement against U.S. 
standards that are higher than the technical regulations adopted under 
the 1998 Agreement. That organization suggested that objecting 
countries could argue that the U.S. could have and should have adopted 
a less trade restrictive approach for achieving the safety benefits in 
question.
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    \4\ One of the agreements of the Uruguay Round administered by 
the World Trade Organization (WTO) is the TBT agreement. (http://
www.wto.org) The purpose of the TBT agreement is to ensure that 
product standards, technical regulations, and related procedures do 
not create unnecessary obstacles to trade. At the same time, the TBT 
agreement clearly recognizes that each country has the right to 
establish and maintain technical regulations for the protection of 
human, animal, and plant life and health and the environment, and 
for prevention against deceptive practices.
    In the TBT agreement, the term ``standard'' is defined as:
    [A] document approved by a recognized body, that provides, for 
common and repeated use, rules, guidelines or characteristics for 
products or related symbols, packaging, marking or labelling 
requirements as they apply to a product, process or production 
method.
    Also, ``technical regulation'' is defined as:
    [A] document which lays down product characteristics or their 
related processes and production methods, including applicable 
administrative provisions, with which compliance is mandatory 
[emphasis added]. It may also include or deal exclusively with 
terminology, symbols, packaging, marking, or labelling requirements 
as they apply to a product, process or production method.
    Thus, in the language of the TBT agreement, when a government 
acts to accept a voluntary standard to make it mandatory, the 
resulting document is a technical regulation. A measure used to 
ascertain compliance with a standard or technical regulation is a 
conformity assessment procedure.
    The TBT agreement states that, where technical regulations are 
required and relevant international standards exist or their 
completion is imminent, WTO-member countries shall use them, or the 
relevant parts of them, as a basis for their processes and 
production methods, with which compliance is not mandatory. It may 
also include or deal exclusively with terminology, technical 
regulations, except when such international standards or relevant 
parts would be an ineffective or inappropriate means for the 
fulfillment of the legitimate objectives pursued. Further, the 
agreement states that, with a view towards harmonizing technical 
regulations on as wide a basis as possible, WTO-member countries 
shall play a full part within the limits of their resources in the 
preparation by appropriate international standards bodies of 
international standards for products for which they either have 
adopted or expect to adopt technical regulations.
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    Consumers Union (CU) endorsed the statements by Advocates and AIA. 
CU urged the establishment of a continuing public forum regarding the 
implementation of the 1998 Agreement. That organization said that this 
agency's negotiators 5 should, before going to Geneva, 
discuss options and alternative

[[Page 566]]

U.S. negotiating positions, how negotiations might go, and where and 
how far U.S. can or should go in negotiations. CU said that the 
negotiators should also conduct post-negotiation debriefings. CU 
mentioned two models that NHTSA could follow in promoting public 
participation in the implementing of the 1998 Agreement: the U.S. Codex 
6 delegation and the U.S. Department of Agriculture's Food 
Safety Inspection Service. CU urged NHTSA to choose the U.S. Codex 
delegation, calling it the better of the two models.
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    \5\ NHTSA negotiators include both its representative to WP 29 
as well as its representatives on the working parties of experts.
    \6\ The U.S. Codex delegation consists of officials from the 
U.S. Department of Agriculture, the U.S. Food and Drug 
Administration, and the U.S. Environmental Protection Agency. They 
participate in the activities of the Codex Alimentarius Commission. 
The Codex is the major international mechanism for promoting the 
health and economic interests of consumers, while encouraging fair 
international trade in food. The U.S. Codex Manager coordinates all 
Codex activities within the United States. The Manager, who reports 
to the Under Secretary for Food Safety in USDA, is assisted by the 
U.S. Codex Office, housed in the Food Safety and Inspection Service, 
USDA.
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    The Insurance Institute for Highway Safety expressed support for 
the views of the other groups and stated that NHTSA's policy with 
respect to harmonization should always be to harmonize upward and to 
identify and adopt best safety practices.

III. Highlights of 1998 Agreement

    To aid persons unfamiliar with the 1998 Agreement in gaining an 
understanding of its provisions, this agency has summarized the key 
aspects below. The complete text of the Agreement may be found on the 
Internet at the following address: http://www.itu.int/itudoc/un/
editrans/wp29/wp29wgs/wp29gen/wp29glob.html.
     The Agreement establishes a global process under the 
United Nations, Economic Commission for Europe (UN/ECE), for developing 
and harmonizing global technical regulations ensuring high levels of 
environmental protection, safety, energy efficiency and anti-theft 
performance of wheeled vehicles, equipment and parts which can be 
fitted and/or be used on wheeled vehicles. Motor vehicle engines are 
included. (Preamble, Art. 1)
     Members of the ECE, as well as members of the United 
Nations that participate in ECE activities, are eligible to become 
Contracting Parties to the 1998 Agreement. Specialized agencies and 
organizations that have been granted consultative status may 
participate in that capacity. (Art. 2)
     The Agreement will enter into force by September 26, 1999, 
if a minimum of five (5) countries or regional economic integration 
organizations (e.g., the European Community (EC)) have become 
Contracting Parties. The five must include the EC, Japan, and U.S. 
(Art. 11)
    If the Agreement does not enter into force by that date, it will 
enter into force thereafter when a minimum of eight (8) countries or 
regional economic integration organizations become Contracting Parties. 
At least one of the eight must be either the EC, Japan, or the U.S. 
(Art. 11)
     The Agreement explicitly recognizes the importance of 
continuously improving and seeking high levels of safety and 
environmental protection and the right of national and subnational 
authorities, e.g., California, to adopt and maintain technical 
regulations that are more stringently protective of health and the 
environment than those established at the global level. (Preamble)
     The Agreement explicitly states that one of its purposes 
is to ensure that actions under the Agreement do not promote, or result 
in, a lowering of safety and environmental protection within the 
jurisdiction of the Contracting Parties, including the subnational 
level. (Art. 1)
     To the extent consistent with achieving high levels of 
environmental protection and vehicle safety, the Agreement also seeks 
to promote global harmonization of motor vehicle and engine 
regulations. (Preamble)
     The Agreement emphasizes that the development of global 
technical regulations will be transparent. (Art. 1)
    Annex A provides that the term ``transparent procedures'' includes 
the opportunity to have views and arguments represented at:
    (1) meetings of Working Parties through organizations granted 
consultative status; and
    (2) meetings of Working Parties and of the Executive Committee 
through pre-meeting consulting with representatives of Contracting 
Parties.
     The Agreement provides two different paths to the 
establishment of global technical regulations. The first is the 
harmonization of existing standards. The second is the establishment of 
a new global technical regulation where there are no existing 
standards. (Article 6.2 and 6.3)
     The process for developing a harmonized global technical 
regulation includes a technical review of existing regulations of the 
Contracting Parties and of the UN/ECE regulations, as well as relevant 
international voluntary standards (e.g., standards of the International 
Standards Organization 7). If available, comparative 
assessments of the benefits of these regulations (also known as 
functional equivalence assessments) are also reviewed. (Art. 1.1.2, 
Article 6.2)
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    \7\ The International Standards Organization (ISO) is a non-
governmental, worldwide federation of national standards bodies from 
approximately 130 countries. (http://www.iso.ch) It was established 
in 1947. Its mission is to promote the development of 
standardization and related activities in the world with a view to 
facilitating the international exchange of goods and services, and 
to developing cooperation in the spheres of intellectual, 
scientific, technological and economic activity. Its work is carried 
out through a hierarchy of technical committees, subcommittees, and 
working groups.
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     The process for developing a new global technical 
regulation includes the assessment of technical and economic 
feasibility and a comparative evaluation of the potential benefits and 
cost effectiveness of alternative regulatory requirements and the test 
method(s) by which compliance is to be demonstrated. (Article 6.3)
     To establish any global technical regulation, there must 
be a consensus vote. Thus, if any Contracting Party votes against a 
recommended global technical regulation, it would not be established. 
(Annex B, Article 7.2)
     The establishment of a global technical regulation does 
not obligate Contracting Parties to adopt that regulation into its own 
laws and regulations. Contracting Parties retain the right to choose 
whether or not to adopt any technical regulation established as a 
global technical regulation under the Agreement. (Preamble, Article 7)
     Consistent with the recognition of that right, Contracting 
Parties have only a limited obligation when a global technical 
regulation is established under the Agreement. If a Contracting Party 
voted to establish the regulation, that Contracting Party must initiate 
the procedures used by the Party to adopt such a regulation as a 
domestic regulation. (Article 7)
    For the U.S., this would likely entail initiating the rulemaking 
process by issuing an Advanced Notice of Proposed Rulemaking (ANPRM) or 
a Notice of Proposed Rulemaking (NPRM). If the U.S. were to adopt a 
global technical regulation into national law, it would do so in 
accordance with all applicable procedural and substantive statutory 
provisions, including the Administrative Procedure Act, 5 U.S.C. 
Sec. 553 et seq., the Vehicle Safety Act, and comparable provisions of 
other relevant statutes, such as the Clean Air Act.
     The Agreement allows for global technical regulations to 
contain a ``global'' level of stringency for most

[[Page 567]]

parties and `alternative' levels of stringency for developing 
countries. In this way, all countries, including the least developed 
ones, can participate in the development, establishment and adoption of 
global technical regulations. It is anticipated that a developing 
country may wish to begin by adopting one of the lower levels of 
stringency and later successively adopt higher levels of stringency. 
(Article 4)

IV. Discussion of the Draft Policy Statement and Response to Public 
Comments at the June 17 Public Meeting

    Publication of a policy statement. In this notice, this agency sets 
forth a draft policy statement that generally describes its priorities 
and its planned activities and practices for promoting public 
participation. NHTSA will revise the statement as appropriate in 
response to public comment and publish it in the Federal Register. 
NHTSA has tentatively chosen this approach, instead of a binding 
regulation as suggested by AIA, in recognition of the newness both of 
the Agreement and of NHTSA's involvement in activities under an 
international agreement to which the U.S. is a contracting party. 
Particularly at the beginning, there must be a sufficient degree of 
flexibility so that the activities and procedures can evolve easily and 
quickly as the U.S. and other Contracting Parties gain experience in 
using limited resources to implement the Agreement in a manner that 
advances safety and environmental protection and involves the public in 
that effort.
    While the need for flexibility must be met, NHTSA recognizes that 
there is also an equal need for identifying this agency's specific 
activities and practices that will provide the three basic elements 
outlined at the June public meeting. Those elements are: access to 
information, opportunity to be heard, and opportunity to discuss. 
Activities and practices relating to each of those elements are clearly 
set out in the draft policy statement.
    Access to information. This agency will publish an annual calendar 
of meetings and listing of global technical regulations under 
consideration. To promote the availability of documents as they are 
generated under the 1998 Agreement and become available in English, 
this agency will provide the addresses to the Websites of the UN/ECE 
and the International Telecommunication Union (ITU):

United Nations Economic Commission for Europe (UN/ECE)
    http://www.unece.org/Welcome.html
Inland Transport Committee (ITC) of the UN/ECE
    http://www.unicc.org/unece/trans/
Working Party on the Construction of Vehicles (WP 29) of the ITC
    http://www.unicc.org/unece/trans/main/unecewp.htm
Working parties of experts of WP 29
    http://www.itu.ch/itudoc/un/editrans/wp29/wp29wgs.html

    The ITU maintains a Website that covers, among other subjects, the 
activities of the Inland Transport Committee of the UN/ECE and its 
various working parties. (http://www.itu.ch/itudoc/un/editrans.html) 
Within the limits of its resources, and primarily with respect to the 
development of particularly important global technical regulations, 
this agency will also place the documents in the internet-accessible 
DOT docket and place key documents on a word-searchable location in its 
Website.
    Opportunity to be heard. This agency plans to seek public comment 
at two points during the development of global technical regulations. 
In the case of a proposal to be submitted by the U.S. for a global 
technical regulation, the first point would be before the proposal is 
submitted.8 In the case of a proposed global technical 
regulation submitted by a Contracting Party other than the U.S., the 
first point at which the agency would solicit public comment would be 
when the proposal is referred under the 1998 Agreement to a working 
party of experts for consideration. In all cases, the second point 
would be when and if a working party of experts issues a report 
recommending the adoption of a global technical regulation.
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    \8\  If the proposal concerns issues on which this agency has 
recently obtained public comment as part of a rulemaking proceeding, 
it would not seek further comment before submitting the proposal.
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    NHTSA will seek comments by publishing a request for comments. In 
the case of a proposal that the U.S. contemplates offering, the notice 
would describe the contemplated proposal and assess its impacts. This 
agency would fully consider those comments and make any appropriate 
changes to its proposal for a global technical regulation, if 
commenters submit sufficient supporting technical data and analysis. In 
the case of a proposal submitted by another Contracting Party, the U.S. 
would likely issue a short notice summarizing the proposal and seeking 
comments.
    Opportunity to discuss. This agency plans to hold informal meetings 
to brief the public about recent and anticipated deliberations and 
standards development work under the 1998 Agreement at those meetings. 
In addition, interested parties may raise questions related to those 
subjects. The public meetings would be scheduled so that one would 
precede each of the three annual WP 29 meetings (i.e., in March, June 
and November).
    NHTSA solicits comments on where it should hold its public meetings 
on activities related to the 1998 Agreement. It also solicits comments 
on whether these 1998 Agreement meetings should be combined with this 
agency's existing quarterly public meetings at which it discusses its 
vehicle rulemaking. Three of those quarterly rulemaking meetings are 
held in Detroit, Michigan. The fourth is held in Washington, D.C.
    Discussion of U.S. negotiating positions. To the extent consistent 
with retaining the ability to negotiate effectively with other 
Contracting Parties, NHTSA would use the quarterly meetings to keep 
interested parties generally informed about the U.S. negotiating 
positions on issues under the 1998 Agreement. However, this agency 
tentatively concludes that it would be impracticable to adopt the 
suggestion by Advocates at the June 17 public meeting that the NHTSA 
negotiators should return to the U.S. and justify any departure from a 
previously announced negotiating position under that Agreement. Having 
to return to the U.S., as suggested by Advocates, would make 
negotiations very lengthy and unwieldy.
    Post-negotiation debriefings. NHTSA believes that this need can be 
met at the public meetings to be held on activities related to the 1998 
Agreement.
    Establishment of a continuing forum. This agency believes that the 
periodic meetings will provide the public not only with an opportunity 
to discuss recent and future developments under the 1998 Agreement, but 
also general procedural issues involved in the implementation of that 
Agreement.
    Following the model of the U.S. Codex delegation or FDA in 
providing for public participation. 
    At the suggestion of CU, the NHTSA Director of International 
Harmonization met with Dr. F. Edward Scarbrough, the U.S. Manager for 
Codex, on August 13, 1998. Dr. Scarbrough described the efforts made by 
the members of the U.S. Codex delegation to develop and publicize a 
general description of the U.S. position regarding the agenda items to 
be discussed at upcoming meetings of the committees of Codex 
Alimentarius Commission. By way of example, he mentioned the 
descriptions that would be provided and discussed the next day at a 
public meeting held in preparation for the September 1998 meeting of 
the

[[Page 568]]

Codex Committee on General Principles. (The notice announcing that 
meeting was published at 63 Fed. Reg. 42608, on August 10, 1998.)
    He also noted the notice published by the FSIS on February 12, 1998 
about duties of U.S. Government delegates and delegation members 
including non-government members. (63 Fed. Reg. 7118) That notice:

describes the activities of the Codex Alimentarius Commission 
(Codex); describes the duties of the United States delegate and 
alternate delegate to Codex committees; provides the criteria and 
procedures to be used in selecting non-government members to various 
United States delegations to Codex committees; describes the 
appropriate role of non-government members on Codex committees; 
identifies the manner in which the public will be informed of and 
may participate in Codex activities; and requests comments on these 
matters.

With respect to advising the public of the positions of the U.S. 
Government about Codex activities, paragraph V.C. of that notice 
states:

    The United States delegate will notify members of the public who 
have indicated an interest in a particular Codex committee's 
activities of the status of each agenda item and the United States 
Government's position or preliminary position on the agenda item, if 
such a position has been determined. The United States delegate may 
request members of the public who have indicated an interest in a 
particular Codex committee's activities to submit written comments. 
Public meetings may also be held to receive comments.

The content and disposition of public comments is discussed in 
paragraph V.E. of the February notice:

    Public comments relevant to Codex committee activities should be 
supported by as much data or research as possible and such data or 
research should be properly referenced to enhance the persuasive 
impact of the comments. The United States delegate will consider all 
comments received but will not be bound to agree with any comment. 
The views expressed in these comments may or may not be presented by 
the United States delegate to a Codex committee.

    Dr. Scarbrough also discussed the role and responsibilities of non-
government members of U.S. delegations. For example, he noted that the 
February 1998 notice stated that while the U.S. delegate will, to the 
extent feasible, consult and seek recommendations for non-government 
members, the U.S. delegate will not be obliged to present at any Codex 
committee session any recommendation made by a non-government member.
    NHTSA has attempted to reflect the results of its talk with Dr. 
Scarbrough in the draft policy statement. However, this agency is open 
to further suggestions and perspectives. Accordingly, this agency 
invites commenters to address the following question: In establishing 
the activities and practices that NHTSA will use in providing for 
public participation in the implementation of the 1998 Agreement, what 
specific lessons should be drawn from the experiences of the Food and 
Drug Administration (FDA) and the Department of Agriculture's Food 
Safety Inspection Service (FSIS) with respect to the Codex, and FDA 
with respect to the International Conference of Harmonisation of 
Technical Requirements for Registration of Pharmaceuticals for Human 
Use (ICH) (drug safety)? 9 10
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    \9\  The ICH was organized to provide an opportunity for 
tripartite harmonization initiatives to be developed with input from 
both regulatory and industry representatives. ICH is concerned with 
harmonization of technical requirements for the registration of 
pharmaceutical products among three regions: The European Union, 
Japan, and the United States. The six ICH sponsors are the European 
Commission, the European Federation of Pharmaceutical Industries 
Associations, the Japanese Ministry of Health and Welfare, the 
Japanese Pharmaceutical Manufacturers Association, the Centers for 
Drug Evaluation and Research and Biologics Evaluation and Research, 
FDA, and the Pharmaceutical Research and Manufacturers of America. 
The ICH Secretariat, which coordinates the preparation of 
documentation, is provided by the International Federation of 
Pharmaceutical Manufacturers Associations (IFPMA). The ICH Steering 
Committee includes representatives from each of the ICH sponsors and 
the IFPMA, as well as observers from the World Health Organization, 
the Canadian Health Protection Branch, and the European Free Trade 
Area.
    \10\ For information concerning FDA and FSIS involvement in the 
Codex and ICH, see the following Federal Register notices or contact 
those agencies directly:
     FDA, ``International Harmonization; Policy on 
Standards,'' (October 11, 1995; 60 FR 53078).
     FSIS, ``Codex Strategic Planning Meeting,'' (May 1, 
1997; 62 Fed. Reg. 23745).
     FDA, ``Consideration of Codex Alimentarius Standards,'' 
(July 7, 1997; 62 FR 36243).
---------------------------------------------------------------------------

    Interested persons desiring information regarding these other 
harmonization activities may wish to consult the following Websites:

US Codex Office
    http://www.fsis.usda.gov/OA/codex/;
Codex Alimentarius Commission:
    http://www.fao.org/waicent/faoinfo/economic/esn/codex/
FDA (including the ICH)
    http://www.fda.gov/oia/homepage.htm

    Best safety practices. This agency reaffirms its prior statements 
that the identification and adoption of best safety practices is its 
highest priority in its international harmonization activities.
    TBT Agreement issues. The U.S. is well-positioned to defend its 
vehicle safety standards against a complaint under the TBT Agreement 
that the standard is higher than the technical regulations adopted 
under the 1998 Agreement as well as against a complaint that the 
standard is more trade restrictive than necessary to achieve the safety 
benefits in question. NHTSA takes great care in establishing the safety 
needs for its standards and in assessing the benefits and other impacts 
of its safety standards. Both the TBT Agreement and the 1998 Agreement 
expressly recognize the right of nations to adopt safety standards more 
stringent than existing international standards.

V. Other Methods for Promoting Public Participation

    Currently, the motor vehicle industry and consumers are represented 
at meetings of WP 29 and of its working parties of experts by 
international organizations that have been granted consultative status 
by the Economic and Social Council of the United Nations. The industry 
is represented by the Organisation Internationale Des Constructeurs 
D'Automobiles (OICA) (International Organization of Motor Vehicle 
Manufacturers), while consumers are represented by Consumers 
International. Those organizations participate in the discussions, but 
cannot vote.
    The 1998 Agreement expressly provides for participation of any 
specialized agency and any organization, including intergovernmental 
organizations and non-governmental organizations. Paragraph 2.3 of 
Article 2 provides

    Any specialized agency and any organization, including 
intergovernmental organizations and non-governmental organizations, 
that have been granted consultative status by the Economic and 
Social Council of the United Nations, may participate in that 
capacity in the deliberations of any Working Party during 
consideration of any matter of particular concern to that agency or 
organization.

    At the June 17 public meeting, the Administrator raised the 
possibility of members of the public participating as private sector 
advisers on a U.S. delegation at meetings under the 1998 Agreement. 
This agency notes that if a manufacturer or public interest group were 
to take advantage of this opportunity, it would have to provide its own 
funding. The selection of private sector advisers and protocol 
governing their participation are set forth in the final guidelines 
published by the Department of State concerning the participation of 
representatives of affected private sector interests to serve as 
advisers on U.S. delegations to international conferences, meetings and 
negotiations (44 Fed. Reg. 17846; March

[[Page 569]]

23, 1979). This agency solicits comments on the extent of public 
interest and ability to serve as private sector advisers.

VI. Public Workshop

    All interested persons and organizations are invited to attend the 
workshop. To assist interested parties to prepare for the February 3, 
1999 workshop, this agency has developed a preliminary agenda, shown 
below, of introductory presentations and of major topics for discussion 
at the meeting. Requests for this agency to consider adding additional 
topics should be addressed to Ms. Julie Abraham at the address or 
numbers given above.

A. Purpose

    This agency is holding a workshop to facilitate the interactive 
exchange and development of ideas among all participants. The purpose 
is to present and discuss the planned activities and practices for 
facilitating public participation in the implementation of the 1998 
Agreement. NHTSA hopes that through an interactive discussion, 
opportunities to improve the draft policy statement can be identified. 
NHTSA plans to consider the information and views presented at the 
workshop and in the subsequent written comments in developing the 
policy statement it will issue.

B. Procedures

    This agency intends to conduct the workshop informally. The 
Director of International Harmonization will preside at the workshop, 
with the participation of the NHTSA's and EPA's representatives on WP 
29's working parties of experts. The Director will first give a brief 
overview of the 1998 Agreement, followed by brief presentations by 
agency officials regarding the operation of WP 29 and its work plans. 
Then the presiding official will discuss all of this agency's planned 
activities and practices for promoting public participation. As each 
activity or practice is presented, the participants will be asked for 
comments and input. At any point during the workshop, and upon request, 
the presiding official will allow participants to ask questions or 
provide comments. When commenting, participants should approach the 
microphone and state their name and affiliation for the record. All 
participants are asked to be succinct. Participants may also submit 
written questions to the presiding official and request that they be 
directed to particular participants.
    Any person planning to participate should contact Ms. Julie Abraham 
at the address and telephone number given at the beginning of this 
notice, no later than 10 calendar days before the workshop.

C. Agenda

i. Opening remarks
    Ricardo Martinez, Administrator (NHTSA)--10 min.
ii. 1998 Agreement: opportunities for seeking higher levels of safety 
and broader public participation
    Julie Abraham, Director of International Harmonization (NHTSA)--15 
min.
iii. WP 29 procedures for developing technical regulations under the 
1958 and 1998 Agreements
    Ken Feith, Policy Advisor, Office of Air and Radiation (EPA)--20 
min.
iv. The U.S. role in the implementation of the 1958 Agreement
    WP 29 Working Party of Experts on Lighting and Light-Signalling: 
recent events and future directions
    Richard Van Iderstine, U.S. Representative (NHTSA)--5 min.
    WP 29 Working Party of Experts on Pollution and Energy: recent 
events and future directions
    Thomas Baines, U.S. Representative (EPA)--5 min.
    WP 29 Working Party of Experts on Noise: recent events and future 
directions
    Ken Feith, U.S. Representative (EPA)--5 min.
    WP 29 Working Party of Experts on Passive Safety: recent events and 
future directions
    Dr. William R. S. Fan, U.S. Representative (NHTSA)--5 min.
    Case example illustrating the current role of NGO's in the 
development of a UN/ECE technical regulation Frank Turpin, Office of 
International Harmonization (NHTSA) (Retired)--10 min.
v. Interactive discussion of public participation in the implementation 
of the 1998 Agreement 11
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    \11\  The participants in the interactive discussion are 
encouraged to discuss the issues on which the agency has solicited 
comments in the preamble to this notice, i.e.:
    What lessons should be drawn from the experiences of the FDA and 
FSIS with respect to the Codex, and of the FDA with respect to the 
International Conference of Harmonisation of Technical Requirements 
for Registration of Pharmaceuticals for Human Use (ICH) (drug 
safety)?
---------------------------------------------------------------------------

    The policy statement
    Access to information
    Opportunity to comment
    Opportunity to discuss
    Other measures for promoting public participation
    Participation in U.S. delegation

VII. Rulemaking Analyses and Notices

    Since this request for comment contemplates the establishment of a 
statement of policy (as opposed to a regulation or rule) that will not 
have the force and effect of law, this request is not subject to the 
requirements of the various Executive Orders (e.g., Executive Order 
12866), statutes or DOT regulatory policies and procedures for analysis 
of the impacts of rulemaking. Further, it is not subject to the notice 
and comment requirements of the Administrative Procedure Act. 
Nevertheless, this agency has decided to seek public comment on the 
statement of policy before publishing a final version.

VIII. Comments

    This agency invites all interested parties to submit written 
comments. This agency notes that participation in the public workshop 
is not a prerequisite for submission of written comments. Written 
comments should be sent to the address and follow the same requirements 
specified above in section ADDRESSES. It is requested but not required 
that two 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 
the purportedly confidential business information, should be submitted 
to the Chief Counsel, NHTSA, at the street address given above, and two 
copies from which the purportedly confidential information has been 
deleted should be submitted to Docket Management. A request for 
confidentiality should be accompanied by a cover letter setting forth 
the information specified in this agency's confidential business 
information regulation. 49 CFR Part 512.
    All comments received by NHTSA before the close of business on the 
comment closing date indicated above for the notice 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 policy statement 
to be issued will be considered as suggestions for future action. 
Comments on the notice will be

[[Page 570]]

available for inspection in the docket. NHTSA will continue to file 
relevant information as it becomes available in the docket after the 
closing date, and recommends that interested persons continue to 
examine the docket for new material.
    Those persons desiring to be notified upon receipt of their 
comments in the 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.
Statement of Policy: NHTSA Priorities and Public Participation in the 
Implementation of the UN/ECE 1998 Agreement on Global Technical 
Regulations
I. Our Priorities Under the 1998 Agreement
    A. Advance vehicle safety by identifying and adopting best safety 
practices from around the world or by developing new standards 
reflecting technological advances and current and anticipated safety 
problems.
    B. Seek to harmonize our safety standards with those of other 
countries, to the extent consistent with maintaining existing levels of 
motor vehicle safety.
    C. Notwithstanding our harmonization efforts, preserve our ability 
to adopt standards that meet U.S. vehicle safety needs.
    D. Ensure the opportunity for public participation, through means 
such as pre-rulemaking activities and practices.
II. Procedures for Providing Public Information and Facilitating Public 
Participation
    A. Access to information.
    1. Annual calendar of activities and list of pending work.
    We will publish annually a notice providing (a) a calendar of 
scheduled meetings of WP 29 and its working parties of experts; and (b) 
a list of the global technical regulations relating to motor vehicle 
safety, theft or energy conservation that are being considered by a 
working party of experts, or that have been recommended by a working 
party of experts for establishment under the 1998 Agreement.
    2. Availability of documents relating to global technical 
regulations proposed by Contracting Parties and global technical 
regulations recommended by working parties of experts.
    As we obtain English versions of key documents relating to motor 
vehicle safety, theft or energy conservation that are generated under 
the 1998 Agreement (e.g., proposals referred to a working party of 
experts, and reports and recommendations issued by a working party), we 
will place them in the internet-accessible DOT docket 
(www.dms.dot.gov). Since documents in the DOT docket are imaged 
documents, they cannot be word-searched. Within the limits of available 
resources, we will also place the documents on an international 
activities page that will be included in our Website. This additional 
step will give interested persons the ability to word-search the 
documents.
    B. Opportunity to comment.
    1. Proposals by Contracting Parties for consideration of global 
technical regulations.
    a. Proposals by the U.S.
    Before we submit a proposal for the development of a global 
technical regulation relating to motor vehicle safety, theft or energy 
conservation for consideration under the 1998 Agreement, we will 
publish a notice requesting public comments on our proposal. We will 
consider those comments before submitting our proposal to the Executive 
Committee.
    (1) U.S. proposal for harmonizing existing technical regulations.
    Our notice will compare the proposed harmonized standard and the 
related existing U.S. standard, including the relative impacts of those 
standards.
    (2) U.S. proposal for establishing a new global technical 
regulation.
    Our notice will discuss (i) the safety, theft or energy 
conservation problem addressed by the proposal, (ii) the rationale for 
the proposed approach for addressing the problem, and (iii) the impacts 
of the proposal.
    b. Proposals by Contracting Parties other than the U.S.
    After a Contracting Party other than the U.S. submits a proposal 
for a global technical regulation relating to motor vehicle safety, 
theft or energy conservation for consideration under the 1998 
Agreement, we will place a copy of an English language version of the 
proposal in the DOT docket and, within the limit of our resources, may 
also post it on our Website. We will also publish a brief notice 
summarizing the proposal, indicating where it may be located in the DOT 
docket (and/or on the internet), and inviting public comment. We will 
consider those comments in connection with our participation in future 
deliberations under that Agreement.
    2. Recommendations by a working party of experts for the 
establishment of a global technical regulation.
    When a working party of experts issues a report recommending the 
establishment of any global technical regulation (including one based 
on one of our proposals) relating to motor vehicle safety, theft or 
energy conservation, we will place a copy of an English language 
version of the report in the DOT docket and, within the limit of our 
resources, may also post it on our Website. We will also publish a 
brief notice summarizing the recommended regulation, indicating where 
the report may be located in the DOT docket (and/or on the internet), 
and inviting public comment. We will consider those comments in 
connection with our participation in future deliberations under the 
1998 Agreement.

(Note: If we subsequently initiate a rulemaking proceeding 
concerning the subject matter of any document mentioned above in 
paragraphs 1-3, we will place the comments relating to the document 
in the docket for that proceeding and address them as appropriate.)

    C. Opportunity to discuss.
    We will hold public meetings to summarize the events under the 1998 
Agreement since the last meeting held pursuant to this policy statement 
and the anticipated upcoming events. We will also discuss key issues 
regarding pending standards development work relating to motor vehicle 
safety, theft or energy conservation under the 1998 Agreement, and 
public comments regarding those issues. Our representatives on the 
working parties of experts, and, as appropriate, other agency 
officials, will also participate in those meetings.

    Issued on December 29, 1998.
Julie Abraham,
Director, Office of International Harmonization.
[FR Doc. 98-34827 Filed 12-30-98; 2:37 pm]
BILLING CODE 4910-59-P