[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Rules and Regulations]
[Pages 16359-16361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8185]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 581

[Docket No. NHTSA 99-5458]
RIN 2127-AH59


Bumper Standard

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

ACTION: Final rule; technical amendment.

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SUMMARY: This document amends 49 CFR Part 581 Bumper Standard, to 
update cross references in Sec.

[[Page 16360]]

581.5(c)(1) to Federal Motor Vehicle Safety Standard No. 108, 49 CFR 
571.108, Lamps, Reflective Devices and Associated Equipment.

DATES: The amendment is effective April 5, 1999.

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

SUPPLEMENTARY INFORMATION: Part 581 of Title 49, Code of Federal 
Regulations, contains the Federal bumper standard issued under the 
authority of 49 U.S.C. Chapter 325. At present, 49 CFR Sec. 581.5(c)(1) 
reads:.

    (c) Protective criteria. (1) Each lamp or reflective device 
except license plate lamps shall be free of cracks and shall comply 
with applicable visibility requirements of S4.3.1.1 of Standard No. 
108 (sec. 571.108 of this part). The aim of each headlamp shall be 
adjustable to within the beam aim inspection limits specified in 
Table 2 of SAE Recommended Practice J599b, July 1970, measured with 
a mechanical aimer conforming to the requirements of SAE Standard 
J602a, July 1970.

    We amended Standard No. 108 several years ago to renumber its 
paragraphs. At that time, S4.3.1.1 became S5.3.1.1. However, we did not 
make a corresponding change in Sec. 581.5(c)(1). This amendment makes 
the change. We are also amending the standard to substitute the August 
1997 version of SAE Recommended Practice J599 for the July 1970 
version. Further, mechanical aimers are no longer required to aim all 
headlamps under Standard No. 108 as they once were. The method of 
aiming now depends upon the type of headlamp that the manufacturer 
chooses for its vehicle. We are changing Sec. 581.5(c)1) to reflect 
these amendments as well.
    Accordingly, we are updating Sec. 581.5(c)(1) by making these 
technical amendments. Because these amendments create no burdens on any 
person, we are not required to give notice and afford an opportunity to 
comment on this rulemaking action. The amendments are effective upon 
their publication in the Federal Register.

Rulemaking Analyses and Notices

    Executive Order 12866 and DOT Regulatory Policies and Procedures. 
This rulemaking action was not reviewed under Executive Order 12866. 
Further, it has been determined that the rulemaking action is not 
significant under Department of Transportation regulatory policies and 
procedures. The purpose of the rulemaking action is to correct outdated 
references. Since the final rule will not impose or reduce costs, 
preparation of a full regulatory evaluation is not warranted. Vehicles 
subject to both Part 581 and Standard No. 108 are presumed to comply 
with both the new and old requirements.

National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. This final rule will not have a 
significant effect upon the environment. The composition of passenger 
motor vehicle bumpers will not change from those presently in 
production.

Regulatory Flexibility Act

    The agency has also considered the impacts of this rulemaking 
action in relation to the Regulatory Flexibility Act (5 U.S.C. Sec. 601 
et seq.). For the reasons stated above in the paragraph on Executive 
Order 12866 and the DOT Regulatory Policies and Procedures, I certify 
that this rulemaking action will not have a significant economic impact 
upon a substantial number of small entities.
    The following is NHTSA's statement providing the factual basis for 
the certification (5 U.S.C. Sec. 605(b)). The amendment primarily 
affects manufacturers of motor vehicles. Manufacturers of motor 
vehicles are generally not small businesses within the meaning of the 
Regulatory Flexibility Act.
    The Small Business Administration's regulations define a small 
business in part as a business entity ``which operates primarily within 
the United States.'' (13 CFR 121.105(a)) SBA's size standards are 
organized according to Standard Industrial Classification Codes (SIC), 
SIC Code 3711 ``Motor Vehicles and Passenger Car Bodies'' has a small 
business size standard of 1,000 employees or fewer.
    For manufacturers of passenger cars and light trucks, NHTSA 
estimates there are at most five small manufacturers of passenger cars 
in the U.S. Since each manufacturer services a niche market, often 
specializing in replicas of ``classic'' cars, production for each 
manufacturer is fewer than 100 cars per year. Thus, there are at most 
500 cars manufactured per year by U.S. small businesses.
    In contrast, in 1998, there are approximately nine large 
manufacturers producing passenger cars, and light trucks in the U.S. 
Total U.S. manufacturing production per year is approximately 15 to 15 
and a half million passenger cars and light trucks per year. NHTSA does 
not believe small businesses manufacture even 0.1 percent of total U.S. 
passenger car and light truck production per year.
    Further, small organizations and governmental jurisdictions are not 
significantly affected as the price of motor vehicles ought not to 
change as the result of this final rule.

Executive Order 12612 (Federalism)

    This rulemaking action has also been analyzed in accordance with 
the principles and criteria contained in Executive Order 12612. NHTSA 
has determined that this rulemaking action does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Civil Justice

    This final rule does not have any retroactive effect. Under 49 
U.S.C. 32511, whenever a Federal bumper standard is in effect, a state 
may not adopt or maintain a bumper standard which is not identical to 
the Federal standard. 49 U.S.C. 32503 sets forth a procedure for 
judicial review of final rules establishing, amending or revoking 
Federal bumper standards. That section does not require submission of a 
petition for reconsideration or other administrative proceedings before 
parties may file suit in court.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the cost, benefits, and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. Because this final rule does not have a $100 
million effect, no Unfunded Mandates assessment has been prepared.

List of Subjects in 49 CFR Part 581

    Imports, Motor vehicles.

    In consideration of the foregoing, 49 CFR Part 581 is amended as 
follows:

PART 581--BUMPER STANDARD

    1. The authority citation for Part 581 is revised to read as 
follows:

    Authority: 49 U.S.C. 32502; 322, 30111, 30115, 30117 and 30166; 
delegation of authority at 49 CFR 1.50.

    2. Section 581.5(c)(1) is revised to read as follows:


Sec. 581.5  Requirements.

* * * * *
    (c) Protective criteria. (1) Each lamp or reflective device except 
license plate lamps shall be free of cracks and shall comply with 
applicable visibility requirements of S5.3.1.1 of Standard No.

[[Page 16361]]

108 (Sec. 571.108 of this chapter). The aim of each headlamp installed 
on the vehicle shall be adjustable to within the beam aim inspection 
limits specified in Table 2 of SAE Recommended Practice J599 AUG97, 
measured with the aiming method appropriate for that headlamp.
* * * * *
    Issued on March 30, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-8185 Filed 4-2-99; 8:45 am]
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