[Federal Register Volume 68, Number 224 (Thursday, November 20, 2003)]
[Rules and Regulations]
[Pages 65404-65409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28942]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 590

[Docket No. NHTSA 2003-16524]
RIN 2127-AJ22


Federal Motor Vehicle Safety Standards: Tire Pressure Monitoring 
Systems; Controls and Displays; Amendment in Response to Court Decision

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

ACTION: Final rule; notice of manufacturer responsibilities and agency 
plans.

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SUMMARY: The agency is revising the Code of Federal Regulations to 
conform to a court decision vacating a Federal motor vehicle safety 
standard for tire pressure monitoring systems. Per a mandate in the 
Transportation Recall Enhancement, Accountability and Documentation 
Act, the agency issued a rule in June 2002 establishing the standard. 
The U.S. Court of Appeals for the Second Circuit concluded in Public 
Citizen, Inc. v. Mineta that a portion of the standard was both 
contrary to law and arbitrary and capricious, but vacated the entire 
standard. Since this document simply revises the Code to conform to the 
court decision, prior notice and public comment are not required.

DATES: The amendments made by this final rule are effective on November 
20, 2003.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number and be submitted to: Administrator, Room 5220, National Highway 
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: For technical and other non-legal 
issues, you may call Mr. George Soodoo or Mr. Samuel Daniel, Office of 
Crash Avoidance Standards (Telephone: 202-366-2720) (Fax: 202-366-
4329).
    For legal issues, you may call Eric Stas, Office of Chief Counsel 
(Telephone: 202-366-2992) (Fax: 202-366-3820).
    You may send mail to these officials at National Highway Traffic 
Safety Administration, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Congress enacted the Transportation Recall 
Enhancement, Accountability, and Documentation (TREAD) Act (Pub. L. 
106-414) on November 1, 2000. Section 13 of the TREAD Act mandated the 
completion of ``a rulemaking for a regulation to require a warning 
system in new motor vehicles to indicate to the operator when a tire is 
significantly under inflated.'' NHTSA published a final rule 
establishing a standard requiring tire pressure monitoring systems on 
June 5, 2002. (67 FR 38704) Public Citizen, Inc., New York Public 
Interest Research Group, and the Center for Auto Safety, petitioned for 
judicial review of the standard. On August 6, 2003, the U.S. Court of 
Appeals for the Second Circuit issued an opinion vacating the rule 
establishing the standard. Public Citizen, Inc. v. Mineta, No. 02-4237, 
2003 U.S. App. LEXIS 16556 (2d Cir. Aug. 6, 2003). The mandate from the 
Court issued on the same date.
    Pursuant to the Court's decision, NHTSA is removing the regulatory 
text added to the Code of Federal Regulations by the rule issued on 
June 5, 2002. Consequently, motor vehicle manufacturers have no 
obligation to begin certifying their vehicles to the standard on 
November 1, 2003, as previously required. However, NHTSA intends 
expeditiously to issue a standard setting forth performance-based 
requirements consistent with the Court's decision and in accordance 
with the Administrative Procedure Act.
    NHTSA has determined that it has ``good cause'' under section 
553(b)(B) of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), to promulgate this final rule without prior notice and 
opportunity for comment. The agency finds it ``unnecessary'' to provide 
an opportunity to comment because this action involves a ministerial 
removal of regulatory text in direct response to a court decision. The 
rule amends only those regulatory provisions directly affected by the 
Court's decision. For the same reasons, the agency finds that this 
final rule should be effective immediately because the public would 
benefit from the prompt removal from the Code of Federal Regulations of 
regulatory requirements that are no longer applicable as a result of 
the court's decision.

VIII. Administrative Requirements

A. Executive Order 12866: ``Significant Regulatory Action 
Determination''

    This rulemaking document was not reviewed by the Office of 
Management and Budget under E.O. 12866, ``Regulatory Planning and 
Review.'' The rulemaking action is also not considered to be 
significant under the Department's

[[Page 65405]]

Regulatory Policies and Procedures (44 FR 11034; February 26, 1979). 
While the June 2002 final rule establishing a standard requiring tire 
pressure monitoring systems was economically significant, that rule was 
vacated by a court decision, and today's action merely involves a 
ministerial removal of regulatory text in direct response to that court 
decision. Therefore, this action is not a ``significant regulatory 
action'' under the terms of Executive Order 12866 and is not subject to 
OMB review.

B. Regulatory Flexibility Act Compliance as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq.

    The Regulatory Flexibility Act generally requires an agency to 
conduct a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small governmental jurisdictions. 
Because the agency has made a ``good cause'' finding that this action 
is not subject to notice-and-comment requirements under the APA or any 
other statute, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

C. Paperwork Reduction Act

    The Administrator has determined today's action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden means the total 
time, effort, or financial resources expended to generate and maintain, 
retain, or provide information as required by a rule. Today's rule 
imposes no such burden on any entity.

D. Submission to Congress and the Comptroller General

    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report (which includes a copy 
of the rule) to each House of the Congress and to the Comptroller 
General of the United States. NHTSA will submit a report containing 
this rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to its effective date. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, 
NHTSA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any single year. Before promulgating a NHTSA rule 
for which a written statement is needed, section 205 of the UMRA 
generally requires NHTSA to identify and consider a reasonable number 
of regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives 
of the rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows NHTSA to 
adopt an alternative other than the least costly, most cost-effective, 
or least burdensome alternative if the Administrator publishes with the 
final rule an explanation of why that alternative was not adopted.
    Because the agency has made a ``good cause'' finding that this 
action is not subject to notice-and-comment requirements under the APA 
or any other statute, it is not subject to sections 202 and 205 of the 
UMRA. In addition, this action does not significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate, as described in sections 203 and 204 of the UMRA.

F. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255; August 
10, 1999), requires NHTSA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications.'' 
``Policies that have Federalism implications'' is defined in the Order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' Under Executive Order 13132, NHTSA may 
not issue a regulation that has Federalism implications, that imposes 
substantial direct compliance costs, and that is not required by 
statute unless the Federal government provides the funds necessary to 
pay the direct compliance costs incurred by State and local governments 
or NHTSA consults with State and local officials early in the process 
of developing the proposed regulation. NHTSA also may not issue a 
regulation that has Federalism implications and that preempts State law 
unless the Agency consults with State and local officials early in the 
process of developing the proposed regulation.
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government as specified in Executive Order 13132. This action 
will not alter the overall relationship or distribution of powers 
between governments for the Title V program. Thus, the requirements of 
section 6 of the Executive Order do not apply to this rule.

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA), Pub. L. 104-113, section 12(d) (15 U.S.C. 272 note), 
directs NHTSA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, business practices, etc.) that are developed or adopted by 
voluntary consensus standard bodies. The NTTAA directs NHTSA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. Today's action 
does not involve any decision whether to adopt a technical standard. 
Therefore, NHTSA is not considering the use of any voluntary consensus 
standards in issuing this action.

H. Executive Order 12988: Civil Justice Reform

    Pursuant to Executive Order 12988, ``Civil Justice Reform'' (61 FR 
4729, February 7, 1996), the agency has considered whether this 
rulemaking will have any retroactive effect. This final rule does not 
have any retroactive effect. Under 49 U.S.C. 30103, whenever a Federal 
motor vehicle safety standard

[[Page 65406]]

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 a suit in court.

I. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health and Safety Risks'' (62 FR 19855, April 23, 1997), applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental, 
health, or safety risk that the agency has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the agency must evaluate the environmental, health, or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the agency.
    This final rule removes the existing TPMS standard from the CFR in 
response to a court decision. This rulemaking action is neither 
economically significant, nor does it involve decisions based upon 
health and safety risks that disproportionately affect children. 
Consequently, no further analysis is required under E.O. 13045.

J. National Environmental Policy Act

    NHTSA has analyzed this rulemaking for the purposes of the National 
Environmental Policy Act. The agency has determined that implementation 
of this action will not have any significant impact on the quality of 
the human environment.

K. Regulatory Identification Number (RIN)

    The Department of Transportation assigns a regulation 
identification number (RIN) to each regulatory action listed in the 
Unified Agenda of Federal Regulations. The Regulatory Information 
Service Center publishes the Unified Agenda in April and October of 
each year. You may use the RIN contained in the heading at the 
beginning of this document to find this action in the Unified Agenda.

L. Privacy Act

    Please note that anyone is able to search the electronic form of 
all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or 
you may visit http://dms.dot.gov.

List of Subjects in 49 CFR Parts 571 and 590

    Imports, Motor vehicle safety, Reporting and recordkeeping 
requirements, Tires.

0
In consideration of the foregoing, NHTSA is amending 49 CFR part 571 
and removing part 590 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
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.


0
2. Section 571.101 is amended by revising paragraph S5.2.3 and Table 2 
to read as follows:


Sec.  571.101  Standard No. 101; Controls and displays.

* * * * *
    S5.2.3 Any display located within the passenger compartment and 
listed in column 1 of Table 2 that has a symbol designated in column 4 
of that table shall be identified by either the symbol designated in 
column 4 (or symbol substantially similar in form to that shown in 
column 4) or the word or abbreviation shown in column 3. Additional 
words or symbols may be used at the manufacturer's discretion for the 
purpose of clarity. Any telltales used in conjunction with a gauge need 
not be identified. The identification required or permitted by this 
section shall be placed on or adjacent to the display that it 
identifies. The identification of any display shall, under the 
conditions of S6, be visible to the driver and appear to the driver 
perceptually upright.
* * * * *
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Sec.  571.138  [Removed and Reserved]

0
3. Remove and reserve Sec.  571.138.

PART 590--[REMOVED AND RESERVED]

0
4. Under the authority of 49 U.S.C. 322, 30111, 30115, 30117, and 
30166; delegation of authority at 49 CFR 1.50, remove and reserve part 
590.

    Issued: November 14, 2003.
Jeffrey W. Runge,
Administrator.
[FR Doc. 03-28942 Filed 11-19-03; 8:45 am]
BILLING CODE 4910-59-C