[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45373-45376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17844]



[[Page 45373]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 592

[Docket No. NHTSA-2013-0041; Notice 2]
RIN 2127-AL43


Registered Importers of Vehicles Not Originally Manufactured To 
Conform to the Federal Motor Vehicle Safety Standards

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

ACTION: Final rule.

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SUMMARY: This document amends the regulations on registered importers 
(`'RIs'') of motor vehicles not originally manufactured to comply with 
all applicable Federal motor vehicle safety standards. The amendment 
requires RIs to certify to NHTSA that an imported vehicle either is not 
required to comply with the parts marking requirements of the Theft 
Prevention Standard or that the vehicle complies with those 
requirements as manufactured, or as modified prior to importation. The 
amendment restores text that was inadvertently omitted when the 
regulations were last revised.

DATES: The amendment made by this final rule will become effective on 
August 5, 2014. Petitions for reconsideration must be received by NHTSA 
no later than September 19, 2014.

ADDRESSES: Petitions for reconsideration of this final rule should 
refer to the docket and notice numbers identified above and be 
submitted to: Administrator, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., West Building, Washington, 
DC 20590. It is requested, but not required, that 10 copies of the 
petition be submitted. The petition must be received no later than 45 
days after publication of this final rule in the Federal Register. 
Petitions filed after that time will be considered as petitions filed 
by interested persons to initiate rulemaking pursuant to 49 U.S.C. 
chapter 301.
    The petition must contain a brief statement of the complaint and an 
explanation as to why compliance with the final rule is not 
practicable, is unreasonable, or is not in the public interest. Unless 
otherwise specified in the final rule, the statement and explanation 
together may not exceed 15 pages in length, but necessary attachments 
may be appended to the submission without regard to the 15-page limit. 
If it is requested that additional facts be considered, the petitioner 
must state the reason why they were not presented to the Administrator 
within the prescribed time. The Administrator does not consider 
repetitious petitions and unless the Administrator otherwise provides, 
the filing of a petition does not stay the effectiveness of the final 
rule.

FOR FURTHER INFORMATION CONTACT: Clint Lindsay, Office of Vehicle 
Safety Compliance, NHTSA (202) 366-5288. For legal issues, you may 
contact Nicholas Englund, Office of Chief Counsel, NHTSA (202) 366-
5263.

SUPPLEMENTARY INFORMATION:

Introduction

    This rule was preceded by a notice of proposed rulemaking (NPRM) 
published on December 5, 2013 (78 FR 73169). As explained in the NPRM, 
NHTSA published a final rule on August 25, 2011 (76 FR 53072) amending 
parts 567, 591, 592, and 593 of title 49 to address issues related to 
the RI program. In amending the regulations, the agency inadvertently 
deleted from 49 CFR 592.6(d)(1) text under paragraphs (i) and (ii) that 
requires the RI to certify to NHTSA, as appropriate, that an imported 
vehicle either is not required to comply with the parts marking 
requirements of the Theft Prevention Standard (49 CFR part 541) or that 
the vehicle complies with those requirements as manufactured, or as 
modified prior to importation.

Comments

    One comment was submitted in response to the NPRM, from Ms. Karen 
Jackson. Ms. Jackson expressed support for the proposed rule, ``as long 
as the amended compliance includes the same standards required of 
manufacturers in the United States.'' Ms. Jackson cautioned, however, 
that the amended regulations ``must not be price fixed to support 
another manufacturer or holder.'' In response, the agency notes that 
the amendments adopted by this final rule apply to RIs, which are 
businesses located in the United States. The amendments require RIs to 
certify to NHTSA that an imported vehicle either is not required to 
comply with the parts marking requirements of the Theft Prevention 
Standard or that the vehicle complies with those requirements as 
manufactured, or as modified prior to importation. The agency has 
established no fees for an RI to make this certification and there is 
no price fixing associated with the certification. Because all RIs will 
be required to make the certifications to NHTSA, no competitive 
advantage can be gained by any individual RI in making this 
certification.

Background and Amendments

    The Imported Vehicle Safety Compliance Act of 1988 (Pub. L. 100- 
562, ``the 1988 Act''), which became effective on January 31, 1990, 
limited the importation of vehicles that did not comply with the 
Federal Motor Vehicle Safety Standards (FMVSS) to those capable of 
being modified to comply. To enhance oversight, the 1988 Act required 
that necessary modifications be performed by RIs. RIs are business 
entities that have demonstrated to NHTSA that they are technically and 
financially capable of importing nonconforming motor vehicles and of 
performing the necessary modifications on those vehicles so that they 
conform to all applicable FMVSS. See generally, 49 U.S.C. 30141-30147. 
As discussed in the January 14, 2011, proposed rulemaking that preceded 
the final rule (76 FR 2631), NHTSA proposed certain amendments to the 
RI regulations to protect the integrity of the RI program and to 
clarify RI requirements. In the final rule that was published on August 
25, 2011 (76 FR 53072), CFR 592.6(d)(1) was amended by adding language 
requiring that RIs certify to NHTSA that they destroyed or exported 
nonconforming motor vehicle equipment that was removed from imported 
vehicles during conformance modifications. The remaining text of the 
paragraph remained unchanged and read:
    The Registered Importer shall also certify, as appropriate, that 
either:
    (i) The vehicle is not required to comply with the parts marking 
requirements of the theft prevention standard (part 541 of this 
chapter); or
    (ii) The vehicle complies with those parts marking requirements as 
manufactured, or as modified prior to importation.
    In the regulatory text of the final rule, NHTSA inadvertently 
failed to properly mark subparagraphs (i) and (ii), resulting in the 
deletion of those paragraphs. In this rulemaking, the agency is 
restoring the language that was originally in subparagraphs (i) and 
(ii).
    This amendment does not change the meaning or application of the 
regulations, as explained in the preamble of the final rule at 76 FR 
53072.

[[Page 45374]]

Rulemaking Analyses and Notices

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563, and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The agency has considered the impact of this rulemaking action 
under E.O. 12866, E.O. 13563, and the Department of Transportation's 
regulatory policies and procedures. This action was reviewed by the 
Office of Management and Budget under E.O. 12866. This rulemaking is 
not significant. Further, NHTSA has determined that the rulemaking is 
not significant under Department of Transportation's regulatory 
policies and procedures. Based on the level of the fees and the volume 
of affected vehicles, NHTSA currently anticipates that the costs of the 
final rule will be so minimal as not to warrant preparation of a full 
regulatory evaluation. The action does not involve any substantial 
public interest or controversy. The rule will have no substantial 
effect upon State and local governments. There will be no substantial 
impact upon a major transportation safety program. A regulatory 
evaluation analyzing the economic impact of the final rule establishing 
the registered importer program, adopted on September 29, 1989, was 
prepared, and is available for review in the docket.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of proposed rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
The Small Business Administration's regulations at 13 CFR Part 121 
define a small business, in part, as a business entity ``which operates 
primarily within the United States.'' (13 CFR Sec.  121.105(a)). No 
regulatory flexibility analysis is required if the head of an agency 
certifies that the rule would not have a significant economic impact on 
a substantial number of small entities. The SBREFA amended the 
Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule would not 
have a significant economic impact on a substantial number of small 
entities.
    The agency has considered the effects of this rulemaking under the 
Regulatory Flexibility Act, and certifies that the adopted amendments 
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. 605(b)). The adopted amendments will 
primarily affect entities that currently modify nonconforming vehicles 
and that are small businesses within the meaning of the Regulatory 
Flexibility Act; however, the agency has no reason to believe that 
these companies will be unable to certify that either: (i) The vehicle 
is not required to comply with the parts marking requirements of the 
theft prevention standard (part 541 of this chapter); or (ii) The 
vehicle complies with those parts marking requirements as manufactured, 
or as modified prior to importation.'' Governmental jurisdictions will 
not be affected at all since they are generally neither importers nor 
purchasers of nonconforming motor vehicles.

C. Executive Order 13132 (Federalism)

    Executive Order 13132 on ``Federalism'' 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.'' Executive Order 13132 defines the term 
``policies that have federalism implications'' 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.
    This final rule 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. 
Thus, the requirements of section 6 of the Executive Order do not apply 
to this rulemaking action.

D. National Environmental Policy Act

    NHTSA has analyzed this action for purposes of the National 
Environmental Policy Act. The action will not have a significant effect 
upon the environment because it is anticipated that the annual volume 
of motor vehicles imported through registered importers would not vary 
significantly from that existing before promulgation of the rule.

E. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988 ``Civil Justice Reform,'' the 
agency has considered whether this final rule will have any retroactive 
effect. NHTSA concludes that this final rule will not have any 
retroactive effect. Judicial review of the rule may be obtained 
pursuant to 5 U.S.C. 702. That section does not require that a petition 
for reconsideration be filed prior to seeking judicial review.

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F. Executive Order 13609: Promoting International Regulatory 
Cooperation

    The policy statement in section 1 of Executive Order 13609 
provides, in part:
    The regulatory approaches taken by foreign governments may differ 
from those taken by U.S. regulatory agencies to address similar issues. 
In some cases, the differences between the regulatory approaches of 
U.S. agencies and those of their foreign counterparts might not be 
necessary and might impair the ability of American businesses to export 
and compete internationally. In meeting shared challenges involving 
health, safety, labor, security, environmental, and other issues, 
international regulatory cooperation can identify approaches that are 
at least as protective as those that are or would be adopted in the 
absence of such cooperation. International regulatory cooperation can 
also reduce, eliminate, or prevent unnecessary differences in 
regulatory requirements.
    In the NPRM, NHTSA requested public comment on whether (a) 
``regulatory approaches taken by foreign governments'' concerning the 
subject matter of this rulemaking and (b) the above policy statement 
has any implications for this rulemaking. No comments were received 
regarding this matter.

G. Executive Order 13211

    Executive Order 13211 applies to any rule that: (1) Is determined 
to be economically significant as defined under E.O. 12866, and is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy; or (2) that is designated by the 
Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action. If the regulatory action meets either 
criterion, we must evaluate the adverse energy effects of the proposed 
rule and explain why the proposed regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by NHTSA. As noted above, this final rule is not significant under E.O. 
12866. NHTSA also believes that this final rule would not have any 
effect on the supply, distribution or use of energy.

H. Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires agencies to prepare a written assessment of the costs, 
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 (adjusted for inflation with the base year 
of 1995). Before promulgating a rule for which a written assessment is 
needed, Section 205 of the UMRA generally requires NHTSA to identify 
and consider a reasonable number of regulatory alternatives and to 
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 agency publishes with the final rule an explanation 
why that alternative was not adopted. Because this final rule will not 
require the expenditure of resources beyond $100 million annually, this 
rulemaking action is not subject to the requirements of Sections 202 
and 205 of the UMRA.

I. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required 
to respond to a collection of information by a Federal agency unless 
the collection displays a valid OMB control number. Part 592 includes 
collections of information for which NHTSA has obtained OMB Clearance 
No. 2127-0002, a consolidated collection of information for 
``Importation of Vehicles and Equipment Subject to the Federal Motor 
Vehicle Safety, Bumper and Theft Prevention Standards,'' approved 
through January 31, 2014. A request for OMB to extend its approval of 
this information collection is currently pending. See notice at 78 FR 
72749 (December 2, 2013). This final rule will not affect the burden 
hours associated with Clearance No. 2127-0002 because we are only 
reinstating regulatory text that was inadvertently omitted when the 
regulations were last amended. This final rule does not impose new 
collection of information requirements or otherwise affect the scope of 
the program.

J. Executive Order 13045

    Executive Order 13045 applies to any rule that (1) is determined to 
be ``economically significant'' as defined under E.O. 12866, and (2) 
concerns an environmental, health, or safety risk that NHTSA has reason 
to believe may have a disproportionate effect on children. If the 
regulatory action meets both criteria, we must evaluate the 
environmental health or safety effects of the planned rule on children, 
and explain why the planned rule is preferable to other potentially 
effective and reasonably feasible alternatives considered by us. This 
rulemaking is not economically significant and does not concern an 
environmental, health, or safety risk.

K. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) 
directs NHTSA to use voluntary consensus standards in its regulatory 
activities unless doing so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as the Society of Automotive 
Engineers (SAE). The NTTAA directs the agency to provide Congress, 
through the OMB, explanations when we decide not to use available and 
applicable voluntary consensus standards.
    This final rule reinstates regulatory text that was inadvertently 
omitted when the regulations at issue were last amended and it creates 
no substantive changes to the vehicle import program or any action that 
would require the use of voluntary consensus standards. For these 
reasons, Section 12(d) of the NTTAA does not apply.

L. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
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 that appears in the heading on the first page of this 
document to find this action in the Unified Agenda.

List of Subjects in 49 CFR Part 592

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

    In consideration of the foregoing, NHTSA amends 49 CFR part 592 as 
follows:

PART 592--REGISTERED IMPORTERS OF VEHICLES NOT ORIGINALLY 
MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY 
STANDARDS

0
1. The authority citation for part 592 continues to read as follows:


[[Page 45376]]


    Authority:  Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-
30147; delegation of authority at 49 CFR 1.50.


0
2. Amend Sec.  592.6 to add paragraphs (d)(1)(i) and (ii) to read as 
follows:


Sec.  592.6  Duties of a registered importer.

* * * * *
    (d) * * *
    (1) * * *
    (i) The vehicle is not required to comply with the parts marking 
requirements of the theft prevention standard (part 541 of this 
chapter); or
    (ii) The vehicle complies with those parts marking requirements as 
manufactured, or as modified prior to importation.
* * * * *

    Issued On: July 22, 2014.
Daniel C. Smith,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2014-17844 Filed 8-4-14; 8:45 am]
BILLING CODE 4910-59-P