Federal Motor Vehicle Safety Standards; Fuel System Integrity, 46431-46436 [05-15691]
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Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Rules and Regulations
Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
V. Congressional Review Act
The Congressional Review Act, 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. EPA 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 publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 1, 2005.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.1065 is revised to read
as follows:
I
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§ 180.1065 2-Amino-4,5-dihydro-6-methyl4-propyl-s-triazolo(1,5-alpha)pyrimidin-5one; exemption from the requirement of a
tolerance.
The inert ingredient, 2-amino-4,5dihydro-6-methyl-4-propyl-striazolo(1,5-alpha)pyrimidin-5-one is
exempted from the requirement of a
tolerance when used as an emetic at not
more than 0.3 percent in formulations of
paraquat dichloride. Further restrictions
on this exemption are that this
ingredient may not be advertised as an
emetic and the paraquat product may
not be promoted in any way because of
the inclusion of this inert ingredient.
[FR Doc. 05–15837 Filed 8–9–05; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Parts 571 and 586
[Docket No. NHTSA–2005–21330]
RIN 2127–AJ64
Federal Motor Vehicle Safety
Standards; Fuel System Integrity
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; response to petitions
for reconsideration.
AGENCY:
This document responds to a
petition for reconsideration from
DaimlerChrysler Corporation of a final
rule relating to the agency’s upgrade of
rear and side impact tests in Federal
Motor Vehicle Safety Standard No. 301,
Fuel System Integrity. Among other
matters, that final rule provided
manufacturers of vehicles with a gross
vehicle weight rating greater than 2,722
kilograms (6,000 pounds) an additional
year of lead time to certify their vehicles
to the amended side impact
requirements, but did not provide for a
phase-in of those requirements for those
vehicles. On reconsideration, NHTSA is
providing manufacturers of those
vehicles a two year phase-in for the side
impact requirements. Ninety percent of
the vehicles manufactured on or after
September 1, 2005 must meet the
upgraded side impact requirements,
with 100 percent of the vehicles
manufactured on or after September 1,
2006 meeting the requirements.
DATES: Effective date: The amendments
made in this rule are effective August
10, 2005. Petitions for reconsideration
must be received by September 26,
2005, and should refer to this docket
SUMMARY:
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46431
and the notice number of this
document.
ADDRESSES: Petitions for reconsideration
must be sent to: Administrator, National
Highway Traffic Safety Administration,
400 Seventh St., SW., Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may contact Mr.
Tewabe Asebe, Office of
Crashworthiness Standards, by
telephone at (202) 366–2365, or by fax
at (202) 366–7002. For legal issues, you
may contact Ms. Deirdre Fujita, Office of
Chief Counsel, at (202) 366–2992
(telephone), or at (202) 366–3820 (fax).
You may send mail to these officials at
the National Highway Traffic Safety
Administration, 400 Seventh St., SW.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Background
To provide occupant protection from
exposure to fire that result from fuel
spillage during and after crashes,
Federal Motor Vehicle Safety Standard
(FMVSS) No. 301 (49 CFR 571.301)
specifies performance requirements for
the fuel systems of vehicles with a gross
vehicle weight rating (GVWR) of 4,536
kilograms (kg) or less (10,000 pounds
(lb) or less). The standard limits the
amount of fuel spillage from vehicles
during and after frontal, rear, and side
impact tests.
a. December 2003 Final Rule
In December 2003, NHTSA upgraded
both the rear impact and lateral (side)
impact test requirements in FMVSS No.
301 to increase safety and provide for
more realistic testing of fuel systems (68
FR 67068, December 1, 2003, Docket
16523). The December 2003 upgrade
established an offset rear impact test
procedure that specifies striking the rear
of the test vehicle at 50 miles per hour
(mph) (80 ± 1 kilometers per hour (km/
h)) with a 1,368 kg (3,015 lb) deformable
barrier at a 70 percent overlap with the
test vehicle. The rear impact test
replaced a 30 mph (48 km/h) crash test
that had used a 1,814 kg (4,000 lb) rigid
moving barrier. The upgrade of the
standard’s side impact test requirements
replaced a lateral 20 mph (32 km/h)
crash test with the side impact crash test
specified in FMVSS No. 214, ‘‘Side
impact protection.’’ FMVSS No. 214’s
test specifies that the test vehicle is
impacted at 33 ± 0.6 mph (53 ± 1 km/
h) with a 1,368 kg (3,015 lb) deformable
barrier.
The final rule provided manufacturers
three years of lead time to meet the
upgraded rear impact test, followed by
a three year phase-in beginning
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September 1, 2006, according to the
percentages of production of 40%, 70%
and 100%. The final rule established a
September 1, 2004 effective date for the
upgraded side impact requirements, and
did not provide for a phase-in of the
requirements. A long lead time and a
phase-in for the side impact
requirements were not deemed
necessary by NHTSA because the
agency believed that few vehicles
(approximately 1%) will have to be
modified to meet FMVSS No. 301 when
tested to the new side impact test.
b. Alliance Petition for Reconsideration
The Alliance of Automobile
Manufacturers, Inc. (Alliance) 1
petitioned for reconsideration of the
December 2003 final rule, requesting: (a)
A one-year extension of the compliance
date for the side impact upgrade for all
vehicles (from September 1, 2004 to
September 1, 2005); and (b) a phase-in
for vehicles greater than 2,722 kg (6,000
lb) GVWR.2 The Alliance requested the
phase-in to begin September 1, 2005,
with 90% in the first year, and 100% in
the second year. The petitioner stated
that because the moving deformable
barrier side impact test of FMVSS No.
214 does not presently apply to
multipurpose passenger vehicles, trucks
and buses with a GVWR greater than
2,722 kg, manufacturers need more time
than that provided by the final rule to
perform the testing necessary to ensure
that the vehicles can be certified as
meeting the side impact requirements,
even if no modifications were required
to meet the requirements.
In August 2004, NHTSA published a
final rule that responded to the petition
(69 FR 51393, August 19, 2004, Docket
18900). The August 2004 final rule
decided against extending the
September 1, 2004 compliance date for
vehicles with a GVWR less than 2,722
kg (6,000 lb). NHTSA explained that
those vehicles are already subject to the
FMVSS No. 214 side impact test and
there was no indication that there
would be difficulty in certifying these
vehicles to the upgraded fuel system
integrity requirements. On the other
hand, the August 2004 final rule
extended the compliance date a year for
vehicles with a GVWR greater than
2,722 kg (6,000 lb). NHTSA explained
that the vehicles have not previously
been subject to the FMVSS No. 214 side
1 The Alliance is a trade association of motor
vehicle manufacturers including BMW group,
DaimlerChrysler, Ford Motor Company, General
Motors, Mazda, Mitsubishi Motors, Porsche, Toyota,
and Volkswagen.
2 The agency also received petitions from others,
but only the Alliance petition is discussed here
because of its relevancy to this rulemaking action.
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impact test. While the agency continued
to believe that less than one percent of
vehicles required modification to
comply with the side impact upgrade,
an additional year was provided
manufacturers to determine what
changes, if any, need to be made. The
request for a phase-in of the side impact
requirements was not granted.
c. DaimlerChrysler Petition for
Reconsideration
DaimlerChrysler Corporation (‘‘DCC’’)
petitioned for reconsideration of the
agency’s decision in the August 2004
final rule not to provide a two-year
phase-in of the FMVSS No. 301 side
impact requirements for vehicles with a
GVWR greater than 2,722 kg (6,000 lb).
In its petition (Document NHTSA–
2004–18900–2), DCC stated that NHTSA
reached its decision on the Alliance
petition when NHTSA ‘‘was not aware
of the burdens that its decision would
impose with regard to the Sprinter van.’’
DCC stated:
The Sprinter is a vehicle with a GVWR in
excess of 6,000 lb. As such, it has not been
subject to the FMVSS 214 dynamic side
impact test, and DCC had not tested it to
determine whether it would comply with
dynamic FMVSS 214. When the agency
published the new FMVSS 301 requirements
in December 2003, DCC conducted an
analysis of the current vehicle and concluded
that it would not meet the new FMVSS 301
side impact requirement based on the current
design. [Footnote omitted.]
DCC had not brought its concerns
about the Sprinter van to NHTSA earlier
in the rulemaking proceeding because
DCC had not tested the Sprinter for
compliance with FMVSS No. 214’s side
impact test. DCC submitted information
to NHTSA regarding the modifications
and costs that would be necessary to
modify the vehicle to meet the side
impact requirements.3 DCC stated that
the necessary modifications would be
‘‘complicated and expensive, and would
involve additional tooling, material, and
assembly costs.’’ The petitioner further
stated:
The magnitude of the fixed costs would be
particularly onerous because they would be
spread across a relatively small number of
vehicles. This is attributable to the fact that
the current version of the Sprinter is
scheduled to cease production in September
2006—one year after vehicles with a GVWR
in excess of 6,000 lb are required under
S6.3(c) to begin complying with the new
FMVSS 301 side impact requirement. Thus,
if FMVSS 301 is not amended as requested
herein, the Sprinter will be subject to the
new FMVSS 301 requirements for only one
year, and the costs of modifying the Sprinter
3 The agency granted confidentiality of the
provided cost data and production information.
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to comply with the new FMVSS 301
requirements would be spread out over only
one year’s production. * * *
In light of the exorbitant costs that the final
rule would necessitate for the production of
the current Sprinter during its remaining
production life, DCC respectfully requests
that the agency reconsider the final rule and
amend S6.3(c) to provide a two-year phasein with an implementation schedule of 90%
by September 1, 2005 and 100% by
September 1, 2006.
Discussion
DCC has provided cost and
production information regarding a
specific vehicle that DCC is
discontinuing in 2006. The Sprinter was
heretofore excluded from the FMVSS
No. 214 dynamic crash test; information
about its inability to meet the new fuel
leakage requirement when tested
laterally was not previously available.
In issuing the final rule on the FMVSS
No. 301 upgrade, NHTSA did not
believe that modifications will involve
structural changes. The agency stated:
‘‘Since most vehicles readily pass the
fuel leakage requirements using the
Standard No. 214 side impact test, we
do not believe modifications will be
required which are not minor.’’ (68 FR
67079.) The cost data provided by the
petitioner indicate that the Sprinter will
require more substantial modifications
than those envisioned by the agency.
Instituting a two-year, 90%–100%
phase-in provides a reasonable period of
time for manufacturers to adjust to the
burdens of the upgrade and reduce the
costs of the rulemaking. While NHTSA
believed that the adopted FMVSS No.
214 test was somewhat stricter than the
existing lateral impact test of FMVSS
No. 301, NHTSA could not quantify the
benefits of adopting the FMVSS No. 214
test. Accordingly, the agency does not
believe that there will be any
quantifiable loss of benefits associated
with phasing in the side impact
requirement over two years, particularly
if 90% of the vehicles in question
(GVWR greater than 2,722 kg) must
comply in the first year.
For the aforementioned reasons,
NHTSA is providing manufacturers of
multipurpose passenger vehicles, trucks
and buses with a GVWR greater than
2,722 kg (6,000 lb) an additional year,
for a few model lines, to assess whether
the vehicles meet the side impact
requirements and to make necessary
changes to meet the requirements.
Ninety (90) percent of the vehicles they
manufacture on or after September 1,
2005 and before September 1, 2006 must
be certified as meeting the upgraded
side impact fuel system integrity
requirements. One hundred (100)
percent of the vehicles manufactured on
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or after September 1, 2006 must be
certified as meeting the requirements.
These phase-in requirements are set
forth in S6.3(c) of FMVSS No. 301, as
revised. Reporting and recordkeeping
requirements implementing the phasein are also added to Part 586.
Effective Date
The amendments are effective upon
publication in the Federal Register. An
effective date less than 180 days after
date of publication of this rule is in the
public interest because these
amendments affect an upcoming
September 1, 2005 compliance date for
the side impact upgrade of FMVSS No.
301 for vehicles with a GVWR greater
than 2,722 kg (6,000 lb). This rule
provides an additional year to
manufacturers to certify a few model
lines. The effective date provides relief
and allows manufacturers to make
informed decisions regarding the
upcoming September 1, 2005
compliance date.
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
NHTSA has considered the impact of
this rulemaking action under Executive
Order 12866 and the Department of
Transportation’s regulatory policies and
procedures. This rulemaking document
was not reviewed by the Office of
Management and Budget under E.O.
12866, ‘‘Regulatory Planning and
Review.’’ The rulemaking action has
been determined to not be significant
under the Department’s regulatory
policies and procedures. The
amendments made in this final rule do
not significantly impact the costs and
benefits of the December 2003 final rule.
The agency has concluded that the
impacts of today’s amendments are so
minimal that a regulatory evaluation is
not required.
In response to a petition for
reconsideration of the final rule
published August 19, 2004, we are
providing a short phase-in of the side
impact requirements for manufacturers
of multipurpose passenger vehicles,
trucks, and buses with a GVWR greater
than 2,722 kg (6,000 lb). The phase-in
permits these manufacturers to comply
with the side impact upgrade with the
percentages of production of 90% of
vehicles manufactured on or after
September 1, 2005 and 100% of vehicles
manufactured on or after September 1,
2006. The phase-in allows
manufacturers an additional year to
assess whether their vehicles meet the
requirements and to make necessary
changes to meet the requirements.
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NHTSA estimates that most vehicles
already meet the upgraded side impact
requirements of FMVSS No. 301.
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 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 121.105(a)).
No regulatory flexibility analysis is
required if the head of an agency
certifies the rule will not have a
significant economic impact on a
substantial number of small entities.
NHTSA has considered the effects of
this final rule under the Regulatory
Flexibility Act. I certify that this final
rule will not have a significant
economic impact on a substantial
number of small entities. The December
2003 final rule, and the August 2004
final rule which this document amends,
were certified as not having a significant
economic impact on a substantial
number of small entities. The
amendments made by today’s final rule
affect manufacturers of multipurpose
passenger vehicles, trucks and buses
with a GVWR or more than 2,722 kg
(6,000 lb) by providing an additional
year to meet the side impact
requirements of the upgraded FMVSS
No. 301 for a few model lines. NHTSA
believes that most of these vehicles
already meet the requirements at issue.
C. National Environmental Policy Act
NHTSA has analyzed these
amendments for the purposes of the
National Environmental Policy Act and
determined that they will not have any
significant impact on the quality of the
human environment.
D. Executive Order 13132 (Federalism)
The agency has analyzed this
rulemaking in accordance with the
principles and criteria contained in
Executive Order 13132 and has
determined that it does not have
sufficient federalism implications to
warrant consultation with State and
local officials or the preparation of a
federalism summary impact statement.
The final rule has no substantial effects
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46433
on the States, or on the current FederalState relationship, or on the current
distribution of power and
responsibilities among the various local
officials.
E. Unfunded Mandates Reform Act
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
requires Federal 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 in any one year
(adjusted for inflation with base year of
1995). This final rule will not result in
the expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of more than $100
million annually. Consequently, no
Unfunded Mandates assessment has
been prepared.
F. Executive Order 12988 (Civil Justice
Reform)
This final rule does not have any
retroactive effect. Under section 49
U.S.C. 30103, whenever a Federal motor
vehicle safety standard 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 suit
in court.
G. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995, before an agency submits a
proposed collection of information to
OMB for approval, it must first publish
a document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
The OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
regulation (at 5CFR 1320.8(d), an agency
must ask for public comment on the
following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
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agency, including whether the
information will have practical utility;
(ii) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) How to enhance the quality,
utility, and clarity of the information to
be collected;
(iv) How to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g. permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
collection of information:
Title: Final rule, response to a petition
for reconsideration; Phase-in reporting
requirements.
OMB Control Number: None.
Affected Public: Manufacturers of
passenger cars, and trucks and
multipurpose passenger vehicles with a
gross vehicle weight rating (GVWR) of
2,722 kilograms (6,000 pounds) or more
but not more than GVWR of 4,536
kilograms (10,000 pounds).
Form Number: None.
Number of Respondents: No more
than 21.
Estimated Annual Burden: Since
almost all of the information required is
already recorded by the manufacturers
as part of their production control and
tracking systems, a nominal assessment
of 24 total burden hours per respondent
is estimated for data retrieval and report
preparation. The estimated cost per
hour in dollars is $45. Based on this
estimate, the total annual burden for
manufacturers would be: (21
respondents) × (24 total burden hours
per respondent) × ($45 per hour) =
$22,680.
Abstract: In August 2004, NHTSA
published a final rule to upgrade
Federal motor vehicle safety standard
No. 301, ‘‘Fuel system integrity,’’ in
response to petitions for reconsideration
(69 FR51393, August 19, 2004). On
October 4, 2004, DaimlerChrysler
Corporation petitioned to reconsider the
August 2004 final rule. The petitioner
requested a two-year phase-in of the
upgraded fuel system integrity side
impact requirements for vehicles with a
gross vehicle weight rating (GVWR) in
excess of 2,722 kg (6,000 pounds).
DaimlerChrysler Corporation requested
an implementation schedule of 90
percent by September 1, 2005, and 100
percent by September 1, 2006. This
action responds to the petition.
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This final rule gives vehicle
manufacturers an additional year for
vehicles above GVWR of 2,722 kg and
up to 4,536 kg to comply with the
FMVSS No. 301 side impact test
requirement. Ninety (90) percent of
these vehicles must be certified as
meeting the FMVSS No. 301 side impact
test requirement before September 1,
2005. One hundred (100) percent of the
vehicles manufactured on or after
September 1, 2006 must be certified as
meeting the requirements. The
collection of information is used for
recordkeeping to keep track of covered
vehicles, and for reporting to the agency
the covered vehicles that comply with
the requirements.
Comments are invited on: whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
H. 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 contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
I. 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 regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by us.
This rulemaking does not involve
decisions about health risks that
disproportionately affect children.
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J. 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 NHTSA to provide
Congress, through OMB, explanations
when the agency decides not to use
available and applicable voluntary
consensus standards.
This final rule does not address
matters such as performance
requirements or test conditions,
procedures or devices. It addresses
compliance schedules only. There are
no voluntary consensus standards
applicable to this final rule.
K. Privacy Act
Anyone is able to search the
electronic form of all submissions
received into any of our dockets by the
name of the individual submitting the
comment or petition (or signing the
comment or petition, 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 https://
dms.dot.gov.
List of Subjects in 49 CFR Parts 571 and
586
Imports, Motor vehicle safety,
Reporting and recordkeeping
requirements, Tires.
I In consideration of the foregoing,
NHTSA is amending 49 CFR part 571
and part 586 as follows:
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
1. The authority citation for part 571
continues to read as follows:
I
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.50.
2. Section 571.301 is amended by
revising S6.3(c) to read as follows.
I
§ 571.301
integrity.
Standard No. 301; Fuel system
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Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Rules and Regulations
S6.3 * * *
(c)(1) Notwithstanding S6.3(b) of this
standard, vehicles having a GVWR
greater than 6,000 lb (2,722 kg) may
meet S6.3(a) instead of S6.3(b) of this
standard until September 1, 2005.
(2) Notwithstanding S6.3(b) of this
standard, vehicles having a GVWR
greater than 6,000 lb (2,722 kg)
manufactured on or after September 1,
2005 must meet the requirements of
S6.3(b) of this standard unless they are
excluded from S6.3(b) under the phasein specified in this paragraph. Excluded
vehicles must meet the requirements of
S6.3(a) of this standard. For vehicles
having a GVWR greater than 6,000 lb
(2,722 kg) manufactured on or after
September 1, 2005 and before
September 1, 2006, the number of
vehicles complying with S6.3(b) shall be
not less than 90 percent of:
(i) The manufacturer’s average annual
production of vehicles with a GVWR
greater than 6,000 lb (2,722 kg)
manufactured on or after September 1,
2002 and before September 1, 2005; or
(ii) The manufacturer’s production of
vehicles with a GVWR greater than
6,000 lb (2,722 kg) on or after September
1, 2004 and before September 1, 2005.
(iii) Vehicles that have a GVWR
greater than 6,000 lb (2,722 kg) and that
are manufactured on or after September
1, 2006 must meet the requirements of
S6.3(b) of this standard.
(3) Vehicles produced by more than
one manufacturer. For the purpose of
calculating average annual production
of vehicles for each manufacturer and
the number of vehicles manufactured by
each manufacturer under S6.3(c)(2)(i)
and S6.3(c)(2)(ii) of this standard, a
vehicle produced by more than one
manufacturer shall be attributed to a
single manufacturer as follows, subject
to S6.3(c)(4).
(i) A vehicle which is imported shall
be attributed to the importer.
(ii) A vehicle manufactured in the
United States by more than one
manufacturer, one of which also
markets the vehicle, shall be attributed
to the manufacturer that markets the
vehicle.
(4) A vehicle produced by more than
one manufacturer shall be attributed to
any one of the vehicle’s manufacturers
specified by an express written contract,
reported to the National Highway
Traffic Safety Administration under 49
CFR 568.6, between the manufacturer so
specified and the manufacturer to which
the vehicle would otherwise be
attributed under S6.3(c)(3).
*
*
*
*
*
VerDate jul<14>2003
13:34 Aug 09, 2005
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PART 586—FUEL SYSTEM INTEGRITY
UPGRADE PHASE-IN REPORTING
REQUIREMENTS
3. The authority citation for Part 586
continues to read as follows:
I
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.50.
4. Sections 586.5, 586.6 and 586.7 are
revised to read as follows:
I
§ 586.5
Response to inquiries.
At any time during the production
years ending August 31, 2006, August
31, 2007, August 31, 2008 and August
31, 2009, each manufacturer must, upon
request from the Office of Vehicle Safety
Compliance, provide information
identifying the vehicles (by make,
model and vehicle identification model)
that have been certified as complying
with S6.2(b) and S6.3(b) of Standard No.
301 (49 CFR 571.301). The
manufacturer’s designation of a vehicle
as a certified vehicle is irrevocable.
§ 586.6
Reporting requirements.
(a) Phase-in reporting requirements.
(1) Within 60 days after the end of the
production years ending August 31,
2006, each manufacturer must submit a
report to the National Highway Traffic
Safety Administration concerning its
compliance with S6.3(b) of Standard
No. 301 (49 CFR 571.301) for its
multipurpose passenger vehicles,
trucks, and buses with a gross vehicle
weight rating (GVWR) greater than 2,722
kg (6,000 pounds) produced in that year.
(2) Within 60 days after the end of the
production years ending August 31,
2007, August 31, 2008, and August 31,
2009, each manufacturer must submit a
report to the National Highway Traffic
Safety Administration concerning its
compliance with S6.2(b) of Standard
No. 301 (49 CFR 571.301) for its
passenger cars, multipurpose passenger
vehicles, trucks, and buses with a gross
vehicle weight rating of less than 4,536
kilograms (10,000 pounds) produced in
that year.
(3) Each report must—
(i) Identify the manufacturer;
(ii) State the full name, title, and
address of the official responsible for
preparing the report;
(iii) Identify the production year being
reported on;
(iv) Contain a statement regarding
whether the manufacturer complied
with the requirements of S6.2(b), S6.2(c)
if applicable, or S6.3(b) of Standard No.
301 (49 CFR 571.301) for the period
covered by the report and the basis for
that statement;
(v) Provide the information specified
in paragraph (b) of this section;
PO 00000
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Fmt 4700
Sfmt 4700
46435
(vi) Be written in the English
language; and
(vii) Be submitted to: Administrator,
National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590.
(b) Phase-in report content—(1) Basis
for statement of compliance with side
impact test requirements. (i) Each
manufacturer must provide the number
of multipurpose passenger vehicles,
trucks, and buses with a GVWR greater
than 2,722 kilograms (6,000 pounds)
manufactured for sale in the United
States for each of the three previous
production years, or, at the
manufacturer’s option, for the previous
production year. A new manufacturer
that has not previously manufactured
these vehicles for sale in the United
States must report the number of such
vehicles manufactured during the
current production year.
(ii) Production. Each manufacturer
must report for the production year for
which the report is filed: the number of
multipurpose passenger vehicles,
trucks, and buses with a GVWR greater
than 2,722 kilograms (6,000 pounds)
that meets S6.3(b) of Standard No. 301
(49 CFR 571.301).
(2) Basis for statement of compliance
with rear impact test requirements. (i)
Each manufacturer must provide the
number of passenger cars, multipurpose
passenger vehicles, trucks, and buses
with a gross vehicle weight rating of
4,536 kilograms (10,000 pounds) or less
manufactured for sale in the United
States for each of the three previous
production years, or, at the
manufacturer’s option, for the previous
production year. A new manufacturer
that has not previously manufactured
these vehicles for sale in the United
States must report the number of such
vehicles manufactured during the
current production year.
(ii) Production. Each manufacturer
must report for the production year for
which the report is filed: the number of
passenger cars, multipurpose passenger
vehicles, trucks, and buses with a gross
vehicle weight rating of 4,536 kilograms
(10,000 pounds) or less that meet
S6.2(b) of Standard No. 301 (49 CFR
571.301).
(3) Vehicles produced by more than
one manufacturer. Each manufacturer
whose reporting of information is
affected by one or more of the express
written contracts permitted by S6.3(c)(4)
and S8.3.2 of Standard No. 301 (49 CFR
571.301) must:
(i) Report the existence of each
contract, including the names of all
parties to the contract, and explain how
the contract affects the report being
submitted.
E:\FR\FM\10AUR1.SGM
10AUR1
46436
Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Rules and Regulations
(ii) Report the actual number of
vehicles covered by each contract.
*
*
*
*
*
§ 586.7
Effective August 5, 2005, through
2400 hrs, Alaska local time (A.l.t.),
December 31, 2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
Records.
Each manufacturer must maintain
records of the Vehicle Identification
Number (VIN) for each vehicle for
which information is reported under
§ 586.6(b)(1)(ii) until December 31,
2007. Each manufacturer must maintain
records of the VIN for each vehicle for
which information is reported under
§ 586.6(b)(2)(ii) until December 31,
2010.
Issued on: August 3, 2005.
Jeffrey W. Runge,
Administrator.
[FR Doc. 05–15691 Filed 8–9–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126332–5039–02; I.D.
080405C]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
SUMMARY: NMFS is reallocating the
projected unused amount of Pacific cod
from vessels using jig gear to catcher
vessels less than 60 feet (18.3 meters
(m)) length overall (LOA) using pot or
hook-and-line gear in the Bering Sea
and Aleutian Islands management area
(BSAI). These actions are necessary to
allow the 2005 B season total allowable
catch (TAC) of Pacific cod to be
harvested.
VerDate jul<14>2003
14:42 Aug 09, 2005
Jkt 205001
Josh
Keaton, 907–586–7228.
NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2005 B season allowance of the
Pacific cod TAC specified for vessels
using jig gear in the BSAI is 762 metric
tons (mt) as established by the 2005 and
2006 final harvest specifications for
groundfish in the BSAI (70 FR 8979,
February 24, 2005), for the period 1200
hrs, A.l.t., April 30, 2005, through 1200
hrs, A.l.t., August 31, 2005. See
§ 679.20(c)(3)(iii), (c)(5), and (a)(7)(i)(A).
The 2005 Pacific cod TAC specified for
catcher vessels less than 60 feet (18.3 m)
LOA using pot or hook-and-line gear in
the BSAI is 2,854 mt as established by
the 2005 and 2006 final harvest
specifications for groundfish in the
BSAI (70 FR 8979, February 24, 2005),
the reallocation on April 13, 2005 (70
FR 19708, April 14, 2005) and the
reallocation on May 17, 2005 (70 FR
28486, May 18, 2005).
The Administrator, Alaska Region,
NMFS, has determined that jig vessels
will not be able to harvest 500 mt of the
B season apportionment of Pacific cod
allocated to those vessels under
§ 679.20(a)(7)(i)(A) and (a)(7)(iii)(A)(3).
Therefore, in accordance with
§ 679.20(a)(7)(ii)(C)(1), NMFS
apportions 500 mt of Pacific cod from
the B season jig gear apportionment to
catcher vessels less than 60 feet (18.3 m)
LOA using pot or hook-and-line gear.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
The harvest specifications for Pacific
cod included in the harvest
specifications for groundfish in the
BSAI (70 FR 8979, February 24, 2005)
are revised as follows: 262 mt to the B
season apportionment for vessels using
jig gear and 3,354 mt to catcher vessels
less than 60 feet (18.3 m) LOA using pot
or hook-and-line gear.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the reallocation of Pacific cod
specified for jig vessels to catcher
vessels less than 60 feet (18.3 m) LOA
using pot or hook-and-line gear. NMFS
was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of August 1,
2005.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 4, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–15819 Filed 8–5–05; 3:02 pm]
BILLING CODE 3510–22–S
E:\FR\FM\10AUR1.SGM
10AUR1
]]>Agencies
[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Rules and Regulations]
[Pages 46431-46436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15691]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 571 and 586
[Docket No. NHTSA-2005-21330]
RIN 2127-AJ64
Federal Motor Vehicle Safety Standards; Fuel System Integrity
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; response to petitions for reconsideration.
-----------------------------------------------------------------------
SUMMARY: This document responds to a petition for reconsideration from
DaimlerChrysler Corporation of a final rule relating to the agency's
upgrade of rear and side impact tests in Federal Motor Vehicle Safety
Standard No. 301, Fuel System Integrity. Among other matters, that
final rule provided manufacturers of vehicles with a gross vehicle
weight rating greater than 2,722 kilograms (6,000 pounds) an additional
year of lead time to certify their vehicles to the amended side impact
requirements, but did not provide for a phase-in of those requirements
for those vehicles. On reconsideration, NHTSA is providing
manufacturers of those vehicles a two year phase-in for the side impact
requirements. Ninety percent of the vehicles manufactured on or after
September 1, 2005 must meet the upgraded side impact requirements, with
100 percent of the vehicles manufactured on or after September 1, 2006
meeting the requirements.
DATES: Effective date: The amendments made in this rule are effective
August 10, 2005. Petitions for reconsideration must be received by
September 26, 2005, and should refer to this docket and the notice
number of this document.
ADDRESSES: Petitions for reconsideration must be sent to:
Administrator, National Highway Traffic Safety Administration, 400
Seventh St., SW., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact
Mr. Tewabe Asebe, Office of Crashworthiness Standards, by telephone at
(202) 366-2365, or by fax at (202) 366-7002. For legal issues, you may
contact Ms. Deirdre Fujita, Office of Chief Counsel, at (202) 366-2992
(telephone), or at (202) 366-3820 (fax). You may send mail to these
officials at the National Highway Traffic Safety Administration, 400
Seventh St., SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Background
To provide occupant protection from exposure to fire that result
from fuel spillage during and after crashes, Federal Motor Vehicle
Safety Standard (FMVSS) No. 301 (49 CFR 571.301) specifies performance
requirements for the fuel systems of vehicles with a gross vehicle
weight rating (GVWR) of 4,536 kilograms (kg) or less (10,000 pounds
(lb) or less). The standard limits the amount of fuel spillage from
vehicles during and after frontal, rear, and side impact tests.
a. December 2003 Final Rule
In December 2003, NHTSA upgraded both the rear impact and lateral
(side) impact test requirements in FMVSS No. 301 to increase safety and
provide for more realistic testing of fuel systems (68 FR 67068,
December 1, 2003, Docket 16523). The December 2003 upgrade established
an offset rear impact test procedure that specifies striking the rear
of the test vehicle at 50 miles per hour (mph) (80 1
kilometers per hour (km/h)) with a 1,368 kg (3,015 lb) deformable
barrier at a 70 percent overlap with the test vehicle. The rear impact
test replaced a 30 mph (48 km/h) crash test that had used a 1,814 kg
(4,000 lb) rigid moving barrier. The upgrade of the standard's side
impact test requirements replaced a lateral 20 mph (32 km/h) crash test
with the side impact crash test specified in FMVSS No. 214, ``Side
impact protection.'' FMVSS No. 214's test specifies that the test
vehicle is impacted at 33 0.6 mph (53 1 km/h)
with a 1,368 kg (3,015 lb) deformable barrier.
The final rule provided manufacturers three years of lead time to
meet the upgraded rear impact test, followed by a three year phase-in
beginning
[[Page 46432]]
September 1, 2006, according to the percentages of production of 40%,
70% and 100%. The final rule established a September 1, 2004 effective
date for the upgraded side impact requirements, and did not provide for
a phase-in of the requirements. A long lead time and a phase-in for the
side impact requirements were not deemed necessary by NHTSA because the
agency believed that few vehicles (approximately 1%) will have to be
modified to meet FMVSS No. 301 when tested to the new side impact test.
b. Alliance Petition for Reconsideration
The Alliance of Automobile Manufacturers, Inc. (Alliance) \1\
petitioned for reconsideration of the December 2003 final rule,
requesting: (a) A one-year extension of the compliance date for the
side impact upgrade for all vehicles (from September 1, 2004 to
September 1, 2005); and (b) a phase-in for vehicles greater than 2,722
kg (6,000 lb) GVWR.\2\ The Alliance requested the phase-in to begin
September 1, 2005, with 90% in the first year, and 100% in the second
year. The petitioner stated that because the moving deformable barrier
side impact test of FMVSS No. 214 does not presently apply to
multipurpose passenger vehicles, trucks and buses with a GVWR greater
than 2,722 kg, manufacturers need more time than that provided by the
final rule to perform the testing necessary to ensure that the vehicles
can be certified as meeting the side impact requirements, even if no
modifications were required to meet the requirements.
---------------------------------------------------------------------------
\1\ The Alliance is a trade association of motor vehicle
manufacturers including BMW group, DaimlerChrysler, Ford Motor
Company, General Motors, Mazda, Mitsubishi Motors, Porsche, Toyota,
and Volkswagen.
\2\ The agency also received petitions from others, but only the
Alliance petition is discussed here because of its relevancy to this
rulemaking action.
---------------------------------------------------------------------------
In August 2004, NHTSA published a final rule that responded to the
petition (69 FR 51393, August 19, 2004, Docket 18900). The August 2004
final rule decided against extending the September 1, 2004 compliance
date for vehicles with a GVWR less than 2,722 kg (6,000 lb). NHTSA
explained that those vehicles are already subject to the FMVSS No. 214
side impact test and there was no indication that there would be
difficulty in certifying these vehicles to the upgraded fuel system
integrity requirements. On the other hand, the August 2004 final rule
extended the compliance date a year for vehicles with a GVWR greater
than 2,722 kg (6,000 lb). NHTSA explained that the vehicles have not
previously been subject to the FMVSS No. 214 side impact test. While
the agency continued to believe that less than one percent of vehicles
required modification to comply with the side impact upgrade, an
additional year was provided manufacturers to determine what changes,
if any, need to be made. The request for a phase-in of the side impact
requirements was not granted.
c. DaimlerChrysler Petition for Reconsideration
DaimlerChrysler Corporation (``DCC'') petitioned for
reconsideration of the agency's decision in the August 2004 final rule
not to provide a two-year phase-in of the FMVSS No. 301 side impact
requirements for vehicles with a GVWR greater than 2,722 kg (6,000 lb).
In its petition (Document NHTSA-2004-18900-2), DCC stated that NHTSA
reached its decision on the Alliance petition when NHTSA ``was not
aware of the burdens that its decision would impose with regard to the
Sprinter van.'' DCC stated:
The Sprinter is a vehicle with a GVWR in excess of 6,000 lb. As
such, it has not been subject to the FMVSS 214 dynamic side impact
test, and DCC had not tested it to determine whether it would comply
with dynamic FMVSS 214. When the agency published the new FMVSS 301
requirements in December 2003, DCC conducted an analysis of the
current vehicle and concluded that it would not meet the new FMVSS
301 side impact requirement based on the current design. [Footnote
omitted.]
DCC had not brought its concerns about the Sprinter van to NHTSA
earlier in the rulemaking proceeding because DCC had not tested the
Sprinter for compliance with FMVSS No. 214's side impact test. DCC
submitted information to NHTSA regarding the modifications and costs
that would be necessary to modify the vehicle to meet the side impact
requirements.\3\ DCC stated that the necessary modifications would be
``complicated and expensive, and would involve additional tooling,
material, and assembly costs.'' The petitioner further stated:
---------------------------------------------------------------------------
\3\ The agency granted confidentiality of the provided cost data
and production information.
The magnitude of the fixed costs would be particularly onerous
because they would be spread across a relatively small number of
vehicles. This is attributable to the fact that the current version
of the Sprinter is scheduled to cease production in September 2006--
one year after vehicles with a GVWR in excess of 6,000 lb are
required under S6.3(c) to begin complying with the new FMVSS 301
side impact requirement. Thus, if FMVSS 301 is not amended as
requested herein, the Sprinter will be subject to the new FMVSS 301
requirements for only one year, and the costs of modifying the
Sprinter to comply with the new FMVSS 301 requirements would be
spread out over only one year's production. * * *
In light of the exorbitant costs that the final rule would
necessitate for the production of the current Sprinter during its
remaining production life, DCC respectfully requests that the agency
reconsider the final rule and amend S6.3(c) to provide a two-year
phase-in with an implementation schedule of 90% by September 1, 2005
and 100% by September 1, 2006.
Discussion
DCC has provided cost and production information regarding a
specific vehicle that DCC is discontinuing in 2006. The Sprinter was
heretofore excluded from the FMVSS No. 214 dynamic crash test;
information about its inability to meet the new fuel leakage
requirement when tested laterally was not previously available.
In issuing the final rule on the FMVSS No. 301 upgrade, NHTSA did
not believe that modifications will involve structural changes. The
agency stated: ``Since most vehicles readily pass the fuel leakage
requirements using the Standard No. 214 side impact test, we do not
believe modifications will be required which are not minor.'' (68 FR
67079.) The cost data provided by the petitioner indicate that the
Sprinter will require more substantial modifications than those
envisioned by the agency. Instituting a two-year, 90%-100% phase-in
provides a reasonable period of time for manufacturers to adjust to the
burdens of the upgrade and reduce the costs of the rulemaking. While
NHTSA believed that the adopted FMVSS No. 214 test was somewhat
stricter than the existing lateral impact test of FMVSS No. 301, NHTSA
could not quantify the benefits of adopting the FMVSS No. 214 test.
Accordingly, the agency does not believe that there will be any
quantifiable loss of benefits associated with phasing in the side
impact requirement over two years, particularly if 90% of the vehicles
in question (GVWR greater than 2,722 kg) must comply in the first year.
For the aforementioned reasons, NHTSA is providing manufacturers of
multipurpose passenger vehicles, trucks and buses with a GVWR greater
than 2,722 kg (6,000 lb) an additional year, for a few model lines, to
assess whether the vehicles meet the side impact requirements and to
make necessary changes to meet the requirements. Ninety (90) percent of
the vehicles they manufacture on or after September 1, 2005 and before
September 1, 2006 must be certified as meeting the upgraded side impact
fuel system integrity requirements. One hundred (100) percent of the
vehicles manufactured on
[[Page 46433]]
or after September 1, 2006 must be certified as meeting the
requirements. These phase-in requirements are set forth in S6.3(c) of
FMVSS No. 301, as revised. Reporting and recordkeeping requirements
implementing the phase-in are also added to Part 586.
Effective Date
The amendments are effective upon publication in the Federal
Register. An effective date less than 180 days after date of
publication of this rule is in the public interest because these
amendments affect an upcoming September 1, 2005 compliance date for the
side impact upgrade of FMVSS No. 301 for vehicles with a GVWR greater
than 2,722 kg (6,000 lb). This rule provides an additional year to
manufacturers to certify a few model lines. The effective date provides
relief and allows manufacturers to make informed decisions regarding
the upcoming September 1, 2005 compliance date.
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was not reviewed by
the Office of Management and Budget under E.O. 12866, ``Regulatory
Planning and Review.'' The rulemaking action has been determined to not
be significant under the Department's regulatory policies and
procedures. The amendments made in this final rule do not significantly
impact the costs and benefits of the December 2003 final rule. The
agency has concluded that the impacts of today's amendments are so
minimal that a regulatory evaluation is not required.
In response to a petition for reconsideration of the final rule
published August 19, 2004, we are providing a short phase-in of the
side impact requirements for manufacturers of multipurpose passenger
vehicles, trucks, and buses with a GVWR greater than 2,722 kg (6,000
lb). The phase-in permits these manufacturers to comply with the side
impact upgrade with the percentages of production of 90% of vehicles
manufactured on or after September 1, 2005 and 100% of vehicles
manufactured on or after September 1, 2006. The phase-in allows
manufacturers an additional year to assess whether their vehicles meet
the requirements and to make necessary changes to meet the
requirements. NHTSA estimates that most vehicles already meet the
upgraded side impact requirements of FMVSS No. 301.
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 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 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies the rule will not have a significant economic impact on a
substantial number of small entities.
NHTSA has considered the effects of this final rule under the
Regulatory Flexibility Act. I certify that this final rule will not
have a significant economic impact on a substantial number of small
entities. The December 2003 final rule, and the August 2004 final rule
which this document amends, were certified as not having a significant
economic impact on a substantial number of small entities. The
amendments made by today's final rule affect manufacturers of
multipurpose passenger vehicles, trucks and buses with a GVWR or more
than 2,722 kg (6,000 lb) by providing an additional year to meet the
side impact requirements of the upgraded FMVSS No. 301 for a few model
lines. NHTSA believes that most of these vehicles already meet the
requirements at issue.
C. National Environmental Policy Act
NHTSA has analyzed these amendments for the purposes of the
National Environmental Policy Act and determined that they will not
have any significant impact on the quality of the human environment.
D. Executive Order 13132 (Federalism)
The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The final rule has no
substantial effects on the States, or on the current Federal-State
relationship, or on the current distribution of power and
responsibilities among the various local officials.
E. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal 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 in any one year (adjusted for inflation with base
year of 1995). This final rule will not result in the expenditure by
State, local, or tribal governments, in the aggregate, or by the
private sector, of more than $100 million annually. Consequently, no
Unfunded Mandates assessment has been prepared.
F. Executive Order 12988 (Civil Justice Reform)
This final rule does not have any retroactive effect. Under section
49 U.S.C. 30103, whenever a Federal motor vehicle safety standard 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 suit in court.
G. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, before an agency submits
a proposed collection of information to OMB for approval, it must first
publish a document in the Federal Register providing a 60-day comment
period and otherwise consult with members of the public and affected
agencies concerning each proposed collection of information. The OMB
has promulgated regulations describing what must be included in such a
document. Under OMB's regulation (at 5CFR 1320.8(d), an agency must ask
for public comment on the following:
(i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the
[[Page 46434]]
agency, including whether the information will have practical utility;
(ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
(iii) How to enhance the quality, utility, and clarity of the
information to be collected;
(iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.
In compliance with these requirements, NHTSA asks for public
comments on the following proposed collection of information:
Title: Final rule, response to a petition for reconsideration;
Phase-in reporting requirements.
OMB Control Number: None.
Affected Public: Manufacturers of passenger cars, and trucks and
multipurpose passenger vehicles with a gross vehicle weight rating
(GVWR) of 2,722 kilograms (6,000 pounds) or more but not more than GVWR
of 4,536 kilograms (10,000 pounds).
Form Number: None.
Number of Respondents: No more than 21.
Estimated Annual Burden: Since almost all of the information
required is already recorded by the manufacturers as part of their
production control and tracking systems, a nominal assessment of 24
total burden hours per respondent is estimated for data retrieval and
report preparation. The estimated cost per hour in dollars is $45.
Based on this estimate, the total annual burden for manufacturers would
be: (21 respondents) x (24 total burden hours per respondent) x ($45
per hour) = $22,680.
Abstract: In August 2004, NHTSA published a final rule to upgrade
Federal motor vehicle safety standard No. 301, ``Fuel system
integrity,'' in response to petitions for reconsideration (69 FR51393,
August 19, 2004). On October 4, 2004, DaimlerChrysler Corporation
petitioned to reconsider the August 2004 final rule. The petitioner
requested a two-year phase-in of the upgraded fuel system integrity
side impact requirements for vehicles with a gross vehicle weight
rating (GVWR) in excess of 2,722 kg (6,000 pounds). DaimlerChrysler
Corporation requested an implementation schedule of 90 percent by
September 1, 2005, and 100 percent by September 1, 2006. This action
responds to the petition.
This final rule gives vehicle manufacturers an additional year for
vehicles above GVWR of 2,722 kg and up to 4,536 kg to comply with the
FMVSS No. 301 side impact test requirement. Ninety (90) percent of
these vehicles must be certified as meeting the FMVSS No. 301 side
impact test requirement before September 1, 2005. One hundred (100)
percent of the vehicles manufactured on or after September 1, 2006 must
be certified as meeting the requirements. The collection of information
is used for recordkeeping to keep track of covered vehicles, and for
reporting to the agency the covered vehicles that comply with the
requirements.
Comments are invited on: whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.
H. 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 contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
I. 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 regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by us. This rulemaking does not involve decisions about health risks
that disproportionately affect children.
J. 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 NHTSA to provide Congress, through
OMB, explanations when the agency decides not to use available and
applicable voluntary consensus standards.
This final rule does not address matters such as performance
requirements or test conditions, procedures or devices. It addresses
compliance schedules only. There are no voluntary consensus standards
applicable to this final rule.
K. Privacy Act
Anyone is able to search the electronic form of all submissions
received into any of our dockets by the name of the individual
submitting the comment or petition (or signing the comment or petition,
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 https://dms.dot.gov.
List of Subjects in 49 CFR Parts 571 and 586
Imports, Motor vehicle safety, Reporting and recordkeeping
requirements, Tires.
0
In consideration of the foregoing, NHTSA is amending 49 CFR part 571
and part 586 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 571.301 is amended by revising S6.3(c) to read as follows.
Sec. 571.301 Standard No. 301; Fuel system integrity.
* * * * *
[[Page 46435]]
S6.3 * * *
(c)(1) Notwithstanding S6.3(b) of this standard, vehicles having a
GVWR greater than 6,000 lb (2,722 kg) may meet S6.3(a) instead of
S6.3(b) of this standard until September 1, 2005.
(2) Notwithstanding S6.3(b) of this standard, vehicles having a
GVWR greater than 6,000 lb (2,722 kg) manufactured on or after
September 1, 2005 must meet the requirements of S6.3(b) of this
standard unless they are excluded from S6.3(b) under the phase-in
specified in this paragraph. Excluded vehicles must meet the
requirements of S6.3(a) of this standard. For vehicles having a GVWR
greater than 6,000 lb (2,722 kg) manufactured on or after September 1,
2005 and before September 1, 2006, the number of vehicles complying
with S6.3(b) shall be not less than 90 percent of:
(i) The manufacturer's average annual production of vehicles with a
GVWR greater than 6,000 lb (2,722 kg) manufactured on or after
September 1, 2002 and before September 1, 2005; or
(ii) The manufacturer's production of vehicles with a GVWR greater
than 6,000 lb (2,722 kg) on or after September 1, 2004 and before
September 1, 2005.
(iii) Vehicles that have a GVWR greater than 6,000 lb (2,722 kg)
and that are manufactured on or after September 1, 2006 must meet the
requirements of S6.3(b) of this standard.
(3) Vehicles produced by more than one manufacturer. For the
purpose of calculating average annual production of vehicles for each
manufacturer and the number of vehicles manufactured by each
manufacturer under S6.3(c)(2)(i) and S6.3(c)(2)(ii) of this standard, a
vehicle produced by more than one manufacturer shall be attributed to a
single manufacturer as follows, subject to S6.3(c)(4).
(i) A vehicle which is imported shall be attributed to the
importer.
(ii) A vehicle manufactured in the United States by more than one
manufacturer, one of which also markets the vehicle, shall be
attributed to the manufacturer that markets the vehicle.
(4) A vehicle produced by more than one manufacturer shall be
attributed to any one of the vehicle's manufacturers specified by an
express written contract, reported to the National Highway Traffic
Safety Administration under 49 CFR 568.6, between the manufacturer so
specified and the manufacturer to which the vehicle would otherwise be
attributed under S6.3(c)(3).
* * * * *
PART 586--FUEL SYSTEM INTEGRITY UPGRADE PHASE-IN REPORTING
REQUIREMENTS
0
3. The authority citation for Part 586 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
4. Sections 586.5, 586.6 and 586.7 are revised to read as follows:
Sec. 586.5 Response to inquiries.
At any time during the production years ending August 31, 2006,
August 31, 2007, August 31, 2008 and August 31, 2009, each manufacturer
must, upon request from the Office of Vehicle Safety Compliance,
provide information identifying the vehicles (by make, model and
vehicle identification model) that have been certified as complying
with S6.2(b) and S6.3(b) of Standard No. 301 (49 CFR 571.301). The
manufacturer's designation of a vehicle as a certified vehicle is
irrevocable.
Sec. 586.6 Reporting requirements.
(a) Phase-in reporting requirements. (1) Within 60 days after the
end of the production years ending August 31, 2006, each manufacturer
must submit a report to the National Highway Traffic Safety
Administration concerning its compliance with S6.3(b) of Standard No.
301 (49 CFR 571.301) for its multipurpose passenger vehicles, trucks,
and buses with a gross vehicle weight rating (GVWR) greater than 2,722
kg (6,000 pounds) produced in that year.
(2) Within 60 days after the end of the production years ending
August 31, 2007, August 31, 2008, and August 31, 2009, each
manufacturer must submit a report to the National Highway Traffic
Safety Administration concerning its compliance with S6.2(b) of
Standard No. 301 (49 CFR 571.301) for its passenger cars, multipurpose
passenger vehicles, trucks, and buses with a gross vehicle weight
rating of less than 4,536 kilograms (10,000 pounds) produced in that
year.
(3) Each report must--
(i) Identify the manufacturer;
(ii) State the full name, title, and address of the official
responsible for preparing the report;
(iii) Identify the production year being reported on;
(iv) Contain a statement regarding whether the manufacturer
complied with the requirements of S6.2(b), S6.2(c) if applicable, or
S6.3(b) of Standard No. 301 (49 CFR 571.301) for the period covered by
the report and the basis for that statement;
(v) Provide the information specified in paragraph (b) of this
section;
(vi) Be written in the English language; and
(vii) Be submitted to: Administrator, National Highway Traffic
Safety Administration, 400 Seventh Street, SW., Washington, DC 20590.
(b) Phase-in report content--(1) Basis for statement of compliance
with side impact test requirements. (i) Each manufacturer must provide
the number of multipurpose passenger vehicles, trucks, and buses with a
GVWR greater than 2,722 kilograms (6,000 pounds) manufactured for sale
in the United States for each of the three previous production years,
or, at the manufacturer's option, for the previous production year. A
new manufacturer that has not previously manufactured these vehicles
for sale in the United States must report the number of such vehicles
manufactured during the current production year.
(ii) Production. Each manufacturer must report for the production
year for which the report is filed: the number of multipurpose
passenger vehicles, trucks, and buses with a GVWR greater than 2,722
kilograms (6,000 pounds) that meets S6.3(b) of Standard No. 301 (49 CFR
571.301).
(2) Basis for statement of compliance with rear impact test
requirements. (i) Each manufacturer must provide the number of
passenger cars, multipurpose passenger vehicles, trucks, and buses with
a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or
less manufactured for sale in the United States for each of the three
previous production years, or, at the manufacturer's option, for the
previous production year. A new manufacturer that has not previously
manufactured these vehicles for sale in the United States must report
the number of such vehicles manufactured during the current production
year.
(ii) Production. Each manufacturer must report for the production
year for which the report is filed: the number of passenger cars,
multipurpose passenger vehicles, trucks, and buses with a gross vehicle
weight rating of 4,536 kilograms (10,000 pounds) or less that meet
S6.2(b) of Standard No. 301 (49 CFR 571.301).
(3) Vehicles produced by more than one manufacturer. Each
manufacturer whose reporting of information is affected by one or more
of the express written contracts permitted by S6.3(c)(4) and S8.3.2 of
Standard No. 301 (49 CFR 571.301) must:
(i) Report the existence of each contract, including the names of
all parties to the contract, and explain how the contract affects the
report being submitted.
[[Page 46436]]
(ii) Report the actual number of vehicles covered by each contract.
* * * * *
Sec. 586.7 Records.
Each manufacturer must maintain records of the Vehicle
Identification Number (VIN) for each vehicle for which information is
reported under Sec. 586.6(b)(1)(ii) until December 31, 2007. Each
manufacturer must maintain records of the VIN for each vehicle for
which information is reported under Sec. 586.6(b)(2)(ii) until
December 31, 2010.
Issued on: August 3, 2005.
Jeffrey W. Runge,
Administrator.
[FR Doc. 05-15691 Filed 8-9-05; 8:45 am]
BILLING CODE 4910-59-P
