[Federal Register Volume 64, Number 28 (Thursday, February 11, 1999)]
[Proposed Rules]
[Pages 6852-6854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3292]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 567

[Docket No. NHTSA-99-5073]
RIN 2127-AH49


Vehicle Certification; Contents of Certification Labels for 
Altered Vehicles

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This notice proposes to amend NHTSA's regulations on vehicle 
certification that specify the contents of the certification labels 
that vehicle alterers are required to affix to motor vehicles that they 
alter. The amendment would require the certification label affixed by 
the alterer to state that the vehicle, as altered, conforms to all 
applicable Federal motor vehicle safety, bumper, and theft prevention 
standards affected by the alteration. Under the existing regulations, 
the certification

[[Page 6853]]

labels on altered vehicles need only state that the vehicles, as 
altered, comply with all applicable Federal motor vehicle safety and 
bumper standards affected by the alteration. The proposed amendment 
would make the certification requirements for vehicle alterers 
consistent with those for vehicle manufacturers.

DATES: Comments. Comments must be received on or before March 29, 1999.
    Applicability Date. If adopted, the proposed amendment would apply 
to motor vehicles manufactured on or after September 1, 1999.

ADDRESSES: Comments should refer to the docket number above and be 
submitted to: Docket Management, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590. Docket hours are 9 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, SW, Washington, DC 20590. (202-366-5238).

SUPPLEMENTARY INFORMATION: In a final rule published today, NHTSA is 
amending its regulations on vehicle certification at 49 CFR 567.4 to 
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. As 
explained in the final rule, this amendment was prompted by a letter 
that NHTSA had received from a vehicle manufacturer noting 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.''
    One of the comments submitted in response to the notice of proposed 
rulemaking (NPRM) that preceded this final rule (published on June 25, 
1998 at 63 FR 34623) was from John Russell Deane III, who identified 
himself as the General Counsel of the Speciality Equipment Market 
Association (SEMA). In his comment, Mr. Deane recommended that NHTSA 
amend 49 CFR 567.7, the provision in the certification regulations that 
prescribes requirements for persons who alter certified vehicles, so 
that it is consistent with the amendments to the certification 
requirements for manufacturers at 49 CFR 567.4 that the agency was 
proposing.
    The certification requirements in section 567.7 apply to a person 
who alters a previously certified vehicle before it is first purchased 
for purposes other than resale. The certification requirements are 
triggered only when the vehicle is altered ``other than by the 
addition, substitution, or removal of readily attachable components 
such as mirrors or tire and rim assemblies, or minor finishing 
operations such as painting,'' or when the vehicle is altered ``in such 
a manner that its stated weight ratings are no longer valid.''
    In his comment, Mr. Deane noted that although vehicle alterers have 
a statutory responsibility to certify that any vehicle they alter that 
is subject to the theft prevention standard remains in compliance with 
that standard following the completion of the alterations, section 
567.7 has never been amended to reflect that requirement.
    In its response to Mr. Deane's comment, NHTSA acknowledged the 
validity of the issue that he raised, and stated that the agency would 
commence rulemaking shortly to address the disparity between the 
certification responsibilities for manufacturers and those for alterers 
with regard to the theft prevention standard.
    Accordingly, NHTSA is proposing to amend the certification 
regulations to require the label affixed by vehicle alterers to state 
that the vehicle, as altered, conforms to all applicable Federal motor 
vehicle safety, bumper, and theft prevention standards affected by the 
alteration. So that vehicle alterers 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 September 1, 1999.

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. 
Although most vehicle alterers are likely to qualify as small entities, 
the proposed rule would have no adverse economic impact upon them 
because they would be afforded adequate lead time to exhaust their 
existing inventory of certification labels and have new labels printed. 
This amendment would also have no effect on 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

[[Page 6854]]

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. 567.7, Requirements for persons who alter certified vehicles, in 
Title 49 of the Code of Federal Regulations at Part 567 as follows:

PART 567--[AMENDED]

    1. The authority citation for part 567 would continue 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 567.7 would be amended by revising paragraph (a) to read 
as follows:


Sec. 567.7  Requirements for persons who alter certified vehicles.

* * * * *
    (a) The statement: ``This vehicle was altered by (individual or 
corporate name) in (month and year in which alterations were completed) 
and as altered it conforms to all applicable Federal Motor Vehicle 
Safety Standards affected by the alteration and in effect in (month, 
year).'' The second date shall be no earlier than the manufacturing 
date of the original vehicle, and no later than the date alterations 
were completed.
    (1) In the case of passenger cars manufactured on or after 
September 1, 1999, the expression ``safety, bumper, and theft 
prevention'' shall be substituted in the statement for the word 
``safety''.
    (2) In the case of multipurpose passenger vehicles (MPVs) and 
trucks with a GVWR of 6,000 pounds or less manufactured on or after 
September 1, 1999, the expression ``and theft prevention'' shall be 
included in the statement following the word ``safety''.
* * * * *
    Issued on: January 29, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-3292 Filed 2-10-99; 8:45 am]
BILLING CODE 4910-59-P