Temporary Exemption From Motor Vehicle Safety and Bumper Standards, 66158-66160 [2018-27795]

Download as PDF 66158 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations (1) A weblink in a form that is short, simple, and easy to remember, leading to written information required to be provided pursuant to § 76.1602(b)(2), (7), and (8); (2) A weblink in a form that is short, simple, and easy to remember, leading to written information required to be provided pursuant to § 76.1602(b)(5); and (3) A telephone number that is readily identifiable as an opt-out mechanism that will allow subscribers to continue to receive paper copies of the entire annual notice. (d) If the conditions for electronic delivery in paragraphs (a) and (b) of this section are not met, or if a subscriber opts out of electronic delivery, the written material must be delivered by paper copy to the subscriber’s physical address. ■ 4. Revise § 76.1614 to read as follows: § 76.1614 signals. Identification of must-carry A cable operator shall respond in writing within 30 days to any written request by any person for the identification of the signals carried on its system in fulfillment of the mustcarry requirements of § 76.56. The required written response may be delivered by email, if the consumer used email to make the request or complaint directly to the cable operator, or if the consumer specifies email as the preferred delivery method in the request or complaint. 5. Section 76.1619 is amended by revising paragraph (b) to read as follows: ■ § 76.1619 Information on subscriber bills. * * * * (b) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days. The required response may be delivered by email, if the consumer used email to make the request or complaint directly to the cable operator, or if the consumer specifies email as the preferred delivery method in the request or complaint. * * * * * amozie on DSK3GDR082PROD with RULES * §§ 76.1621 and 76.1622 Reserved] [Removed and 6. Remove and reserve §§ 76.1621 and 76.1622. ■ [FR Doc. 2018–27601 Filed 12–21–18; 8:45 am] BILLING CODE 6712–01–P VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 555 [Docket No. NHTSA–2018–0103] RIN 2127–AL97 Temporary Exemption From Motor Vehicle Safety and Bumper Standards National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: This document amends NHTSA’s regulation on temporary exemption from the Federal motor vehicle safety standards (FMVSS) and bumper standards to expedite the publishing of notices soliciting public comment on exemption petitions. It does so by eliminating the provision calling for the Agency to determine that a petition is complete before the Agency publishes a notice summarizing the petition and soliciting public comments on it. As amended, the regulation continues to provide that the Agency will, as it does now, determine whether a petition contains adequate justification in deciding whether to grant or deny the petition. The intended effect of these changes is to enable the Agency to solicit public comments more quickly. DATES: This final rule is effective on January 25, 2019. Petitions for reconsideration of this final rule must be received not later than February 11, 2019. ADDRESSES: Petitions for reconsideration of this final rule must refer to the docket and notice number set forth above and be submitted to the Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: For questions concerning this final rule, contact Stephen Wood, NCC–200, Assistant Chief Counsel for Vehicle Rulemaking and Harmonization, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 366–5240; email Steve.Wood@dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background The National Traffic and Motor Vehicle Safety Act, as amended, authorizes the Secretary of Transportation to exempt, on a temporary basis, under specified PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 circumstances, and on terms the Secretary deems appropriate, motor vehicles from a FMVSS or bumper standard. This authority is set forth at 49 U.S.C. 30113. The Secretary has delegated the authority for implementing this section to NHTSA.1 The exercise of NHTSA’s authority to grant, in whole or in part, a temporary exemption to a vehicle manufacturer is conditioned upon the Agency’s making specified findings. The Agency must comprehensively evaluate the request for exemption and find that the exemption is consistent with the public interest and with the objectives of the Vehicle Safety Act.2 In addition, the Agency must make one of the following more focused findings: (i) compliance with the standard[s] [from which exemption is sought] would cause substantial economic hardship to a manufacturer that has tried to comply with the standard[s] in good faith; (ii) the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard; (iii) the exemption would make the development or field evaluation of a lowemission motor vehicle easier and would not unreasonably lower the safety level of that vehicle; or (iv) compliance with the standard would prevent the manufacturer from selling a motor vehicle with an overall safety level at least equal to the overall safety level of nonexempt vehicles.3 To provide procedures for implementing these statutory provisions concerning temporary exemptions, NHTSA established 49 CFR part 555, Temporary Exemption from Motor Vehicle Safety and Bumper Standards. The requirements in 49 CFR 555.5 state that a petitioner must set forth the basis of its petition by providing the information required under 49 CFR 555.6, and explaining why the exemption would be in the public interest and consistent with the objectives of the Safety Act. In addition, the petitioner must submit data and analysis supporting the making of one of the four findings specified above. Section 555.7 describes the steps that NHTSA is to take after it receives an exemption petition. If the Agency determines that a petition is complete, it publishes a notice in the Federal Register summarizing the petition and inviting public comment on whether it should be granted or denied.4 However, if NHTSA finds that a petition does not 1 49 CFR 1.94. U.S.C. 30113(b)(3)(A). 3 49 U.S.C. 30113(b)(3)(B). 4 49 CFR 555.7(a). 2 49 E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations contain some of types of the information required by part 555, it so informs the applicant, pointing out the areas of insufficiency and stating that the petition will not receive further consideration until the required information is submitted.5 If the petitioner submits sufficient additional information and analysis to eliminate the ‘‘areas of insufficiency,’’ the Agency publishes the notice requesting public comment. If, after considering the petition and the public comments, NHTSA determines that the petition does not contain ‘‘adequate justification,’’ the Administrator denies it and notifies the petitioner in writing.6 The Administrator also publishes in the Federal Register a notice of the denial and the reasons for it. Alternatively, if the Administrator determines that the petition contains adequate justification, the Administrator grants it, and notifies the petitioner in writing.7 The Administrator also publishes in the Federal Register a notice of the grant and the reasons for it.8 amozie on DSK3GDR082PROD with RULES II. Discussion of the Final Rule This document amends NHTSA’s regulation on temporary exemption from Federal motor vehicle safety standards (FMVSS) and bumper standards to expedite the publishing of notices soliciting public comment on exemption petitions. It does so by eliminating the provision calling for the Agency to determine that a petition is complete before publishing a notice soliciting public comments on the petition. Especially in the context of complex petitions, the difficulty in neatly separating ‘‘areas of insufficiency’’ from failures to provide ‘‘adequate justification’’ leads to delays in processing petitions. Further, while areas of insufficiency would be considered in deciding whether to grant or deny petitions, the Vehicle Safety Act does not require that determinations of insufficiency be made by the Agency before publishing notices of receipt. As amended, the regulation continues to provide that the Agency will, as it does now, determine whether a petition contains adequate justification in deciding whether to grant or deny the petition. 5 Ibid. 6 49 CFR 555.7(d). CFR 555.7(e). 8 Ibid. 7 49 VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 III. Rulemaking Requirements A. Executive Order 12866 (Regulatory Planning and Review) This rulemaking has been determined to be not significant for purposes of Executive Order 12866. B. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) Executive Order 13771 titled ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ directs that, unless prohibited by law, whenever an executive department or agency publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed. In addition, any new incremental costs associated with new regulations shall, to the extent permitted by law, be offset by the elimination of existing costs. Only those rules deemed significant under section 3(f) of Executive Order 12866, ‘‘Regulatory Planning and Review,’’ are subject to these requirements. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. C. Regulatory Flexibility Act Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), whenever an agency is required by 5 U.S.C. 553 (or any other law) to publish a notice of proposed rulemaking (NPRM), the agency must prepare and make available for public comment an Initial Regulatory Flexibility Analysis, unless the agency certifies under 5 U.S.C. 605(b) that the proposed rule, if implemented, will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 603, 605. As noted above, NHTSA is not required to publish an NPRM in this rulemaking. Further, the change made by this final rule will not have not result in a significant economic impact on a substantial number of small entities. D. Executive Order 13132 (Federalism) NHTSA has analyzed this immediately adopted final rule under the principles and criteria of Executive Order 13132, ‘‘Federalism.’’ The Agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have Federalism implications. PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 66159 E. Congressional Review Act This rule is not a ‘‘rule’’ as defined in 5 U.S.C. 804(3), because it falls within the exclusion of ‘‘any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.’’ F. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ‘‘significant regulatory action.’’ The FAA currently uses an inflation-adjusted value of $155 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply. G. National Technology Transfer and Advancement Act The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because this rulemaking does not contain provisions involving the use of technical standards. Good Cause for Immediate Adoption Section 553(b)(3)(A) of the Administrative Procedure Act (APA) (5 U.S.C.) authorizes agencies to dispense with notice and comment procedures for rules of agency organization, procedure, or practice, except when notice or hearing is required by statute. Under this section, an agency may issue a final rule without seeking comment prior to the rulemaking. Additionally, section 553(b)(3)(B) of the APA authorizes agencies to dispense with notice and comment procedures for rules when the agency for ‘‘good cause’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. NHTSA finds that notice and public comment to this immediately adopted final rule are unnecessary because this rule meets the exception of section 553(b)(3)(A). The sole purpose of this rule is to eliminate the provision calling for the Agency to determine that a petition is complete before the Agency publishes a notice summarizing the petition and soliciting public comments E:\FR\FM\26DER1.SGM 26DER1 66160 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations on it. This rule does not impose any additional requirements on exemption applicants or the public. Therefore, NHTSA has determined that notice and public comment are unnecessary. In consideration of the foregoing, NHTSA amends 49 CFR chapter V as follows: List of Subjects in 49 CFR Part 555 Motor vehicle safety, Motor vehicles. PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS 1. The authority citation for part 555 continues to read as follows: ■ Authority: 49 U.S.C. 30113, 32502, Pub. L. 105–277; delegation of authority at 49 CFR 1.50. 2. Paragraph (a) of § 555.7 is revised to read as follows: ■ § 555.7 Processing of applications. (a) The agency publishes a notice of the application in the Federal Register, affording opportunity for comment. * * * * * Issued in Washington, DC, under authority delegated in 49 CFR 1.95 and 501.5. Heidi Renate King, Deputy Administrator. [FR Doc. 2018–27795 Filed 12–21–18; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151215999–6960–02] RIN 0648–XG691 Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2018 River Herring and Shad Catch Cap Reached for Midwater Trawl Vessels in the Cape Cod Catch Cap Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is reducing the Atlantic herring possession limit for vessels fishing with midwater trawl gear in the Cape Cod Catch Cap Closure Area, based on a projection that the prescribed catch cap for that area has been reached. This action is necessary to comply with the regulations implementing the Atlantic Herring Fishery Management Plan and is amozie on DSK3GDR082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 intended to limit the harvest of river herring and shad in the Cape Cod Catch Cap Area. DATES: Effective 00:01 hr local time, December 21, 2018, through December 31, 2018. FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management Specialist, (978) 282–8457. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring fishery can be found at 50 CFR part 648, including requirements for setting annual catch cap allocations for river herring and shad. NMFS set the 2018 catch cap in the Cape Cod Catch Cap Area at 32.4 mt. NMFS established this value in the 2016 through 2018 herring specifications (81 FR 75731, November 1, 2016). The NMFS Administrator of the Greater Atlantic Region (Regional Administrator) monitors the herring fishery in each of the catch cap areas based on vessel and dealer reports, state data, and other available information. The regulations at § 648.201 require that when the Regional Administrator projects that river herring and shad catch will reach 95 percent of a catch cap for vessels fishing with a specific gear type in a specified catch cap area, NMFS must prohibit, through notification in the Federal Register, vessels fishing with that gear type from fishing for, catching, possessing, transferring, receiving, or landing more than 2,000 lb (907.2 kg) of herring per trip or calendar day in or from that specified catch cap closure area for the remainder of the fishing year. The Regional Administrator has determined, based on dealer reports and other available information, that herring midwater trawl vessels will have caught 95 percent of the river herring and shad catch cap allocated to that gear type in the Cape Cod Catch Cap Area by December 21, 2018. Therefore, effective 00:01 hr local time, December 21, 2018, through December 31, 2018, vessels fishing with midwater trawl gear may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of herring per trip or calendar day, in or from the Cape Cod Catch Cap Closure Area. Midwater trawl vessels that have entered port before 00:01 hr local time, December 21, 2018, may land and sell more than 2,000 lb (907.2 kg) of herring from the Cape Cod Catch Cap Closure Area from that trip. Midwater trawl vessels may transit through the Cape Cod Catch Cap Closure Area with more than 2,000 lb (907.2 kg) of herring on board, provided all herring in excess of 2,000 lb (907.2 kg) was caught outside of this area and all fishing gear is PO 00000 Frm 00084 Fmt 4700 Sfmt 9990 stowed and not available for immediate use as defined by 50 CFR 648.2. This action also prohibits federally permitted dealers from purchasing herring from federally permitted herring vessels that used midwater trawl gear to harvest more than 2,000 lb (907.2 kg) of herring from the Cape Cod Catch Cap Closure Area through 24:00 hr local time, December 31, 2018, unless the vessel enters port before 00:01 local time on December 21, 2018. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. Further, in accordance with 5 U.S.C. 553(d)(3), NMFS finds good cause to waive the 30-day delayed effectiveness. NMFS is required by Federal regulation to immediately put in place a 2,000-lb (907.2-kg) herring trip limit for Cape Cod Catch Cap Closure Area through December 31, 2018. This action restricts the catch of herring in the Cape Cod Catch Cap Closure Area for the remainder of the fishing year. Once data become available projecting 95 percent of the river herring/shad quota will be caught, regulations at § 648.201(a)(4)(ii) require NMFS to implement a 2,000-lb (907.2-kg) herring trip and calendar day possession limit to ensure that herring vessels fishing with midwater trawl gear do not exceed the quota allocated to that gear type in the Cape Cod Catch Cap Area. Federally permitted dealers are also prohibited from purchasing herring from vessels that used midwater trawl gear to harvest more than 2,000 lb (907.2 kg) of herring from the Cape Cod Catch Cap Closure Area. High-volume catch and landings in this fishery increase catch totals relative to catch caps quickly. If implementation of this closure is delayed to solicit prior public comment, the midwater trawl catch cap for the Cape Cod Catch Cap Closure Area for this fishing year will likely be exceeded, thereby undermining the conservation objectives of the Atlantic Herring Fishery Management Plan. The public expects these actions to occur in a timely way consistent with the fishery management plan’s objectives. Authority: 16 U.S.C. 1801 et seq. Dated: December 19, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–27845 Filed 12–19–18; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\26DER1.SGM 26DER1

Agencies

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Pages 66158-66160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27795]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 555

[Docket No. NHTSA-2018-0103]
RIN 2127-AL97


Temporary Exemption From Motor Vehicle Safety and Bumper 
Standards

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

ACTION: Final rule.

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

SUMMARY: This document amends NHTSA's regulation on temporary exemption 
from the Federal motor vehicle safety standards (FMVSS) and bumper 
standards to expedite the publishing of notices soliciting public 
comment on exemption petitions. It does so by eliminating the provision 
calling for the Agency to determine that a petition is complete before 
the Agency publishes a notice summarizing the petition and soliciting 
public comments on it. As amended, the regulation continues to provide 
that the Agency will, as it does now, determine whether a petition 
contains adequate justification in deciding whether to grant or deny 
the petition. The intended effect of these changes is to enable the 
Agency to solicit public comments more quickly.

DATES: This final rule is effective on January 25, 2019.
    Petitions for reconsideration of this final rule must be received 
not later than February 11, 2019.

ADDRESSES: Petitions for reconsideration of this final rule must refer 
to the docket and notice number set forth above and be submitted to the 
Administrator, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For questions concerning this final 
rule, contact Stephen Wood, NCC-200, Assistant Chief Counsel for 
Vehicle Rulemaking and Harmonization, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; 
telephone (202) 366-5240; email Steve.Wood@dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Traffic and Motor Vehicle Safety Act, as amended, 
authorizes the Secretary of Transportation to exempt, on a temporary 
basis, under specified circumstances, and on terms the Secretary deems 
appropriate, motor vehicles from a FMVSS or bumper standard. This 
authority is set forth at 49 U.S.C. 30113. The Secretary has delegated 
the authority for implementing this section to NHTSA.\1\
---------------------------------------------------------------------------

    \1\ 49 CFR 1.94.
---------------------------------------------------------------------------

    The exercise of NHTSA's authority to grant, in whole or in part, a 
temporary exemption to a vehicle manufacturer is conditioned upon the 
Agency's making specified findings. The Agency must comprehensively 
evaluate the request for exemption and find that the exemption is 
consistent with the public interest and with the objectives of the 
Vehicle Safety Act.\2\ In addition, the Agency must make one of the 
following more focused findings:
---------------------------------------------------------------------------

    \2\ 49 U.S.C. 30113(b)(3)(A).

    (i) compliance with the standard[s] [from which exemption is 
sought] would cause substantial economic hardship to a manufacturer 
that has tried to comply with the standard[s] in good faith;
    (ii) the exemption would make easier the development or field 
evaluation of a new motor vehicle safety feature providing a safety 
level at least equal to the safety level of the standard;
    (iii) the exemption would make the development or field 
evaluation of a low-emission motor vehicle easier and would not 
unreasonably lower the safety level of that vehicle; or
    (iv) compliance with the standard would prevent the manufacturer 
from selling a motor vehicle with an overall safety level at least 
equal to the overall safety level of nonexempt vehicles.\3\
---------------------------------------------------------------------------

    \3\ 49 U.S.C. 30113(b)(3)(B).

    To provide procedures for implementing these statutory provisions 
concerning temporary exemptions, NHTSA established 49 CFR part 555, 
Temporary Exemption from Motor Vehicle Safety and Bumper Standards. The 
requirements in 49 CFR 555.5 state that a petitioner must set forth the 
basis of its petition by providing the information required under 49 
CFR 555.6, and explaining why the exemption would be in the public 
interest and consistent with the objectives of the Safety Act. In 
addition, the petitioner must submit data and analysis supporting the 
making of one of the four findings specified above.
    Section 555.7 describes the steps that NHTSA is to take after it 
receives an exemption petition. If the Agency determines that a 
petition is complete, it publishes a notice in the Federal Register 
summarizing the petition and inviting public comment on whether it 
should be granted or denied.\4\ However, if NHTSA finds that a petition 
does not

[[Page 66159]]

contain some of types of the information required by part 555, it so 
informs the applicant, pointing out the areas of insufficiency and 
stating that the petition will not receive further consideration until 
the required information is submitted.\5\ If the petitioner submits 
sufficient additional information and analysis to eliminate the ``areas 
of insufficiency,'' the Agency publishes the notice requesting public 
comment.
---------------------------------------------------------------------------

    \4\ 49 CFR 555.7(a).
    \5\ Ibid.
---------------------------------------------------------------------------

    If, after considering the petition and the public comments, NHTSA 
determines that the petition does not contain ``adequate 
justification,'' the Administrator denies it and notifies the 
petitioner in writing.\6\ The Administrator also publishes in the 
Federal Register a notice of the denial and the reasons for it. 
Alternatively, if the Administrator determines that the petition 
contains adequate justification, the Administrator grants it, and 
notifies the petitioner in writing.\7\ The Administrator also publishes 
in the Federal Register a notice of the grant and the reasons for 
it.\8\
---------------------------------------------------------------------------

    \6\ 49 CFR 555.7(d).
    \7\ 49 CFR 555.7(e).
    \8\ Ibid.
---------------------------------------------------------------------------

II. Discussion of the Final Rule

    This document amends NHTSA's regulation on temporary exemption from 
Federal motor vehicle safety standards (FMVSS) and bumper standards to 
expedite the publishing of notices soliciting public comment on 
exemption petitions. It does so by eliminating the provision calling 
for the Agency to determine that a petition is complete before 
publishing a notice soliciting public comments on the petition. 
Especially in the context of complex petitions, the difficulty in 
neatly separating ``areas of insufficiency'' from failures to provide 
``adequate justification'' leads to delays in processing petitions. 
Further, while areas of insufficiency would be considered in deciding 
whether to grant or deny petitions, the Vehicle Safety Act does not 
require that determinations of insufficiency be made by the Agency 
before publishing notices of receipt. As amended, the regulation 
continues to provide that the Agency will, as it does now, determine 
whether a petition contains adequate justification in deciding whether 
to grant or deny the petition.

III. Rulemaking Requirements

A. Executive Order 12866 (Regulatory Planning and Review)

    This rulemaking has been determined to be not significant for 
purposes of Executive Order 12866.

B. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs)

    Executive Order 13771 titled ``Reducing Regulation and Controlling 
Regulatory Costs,'' directs that, unless prohibited by law, whenever an 
executive department or agency publicly proposes for notice and comment 
or otherwise promulgates a new regulation, it shall identify at least 
two existing regulations to be repealed. In addition, any new 
incremental costs associated with new regulations shall, to the extent 
permitted by law, be offset by the elimination of existing costs. Only 
those rules deemed significant under section 3(f) of Executive Order 
12866, ``Regulatory Planning and Review,'' are subject to these 
requirements.
    This rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under Executive Order 12866.

C. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), 
whenever an agency is required by 5 U.S.C. 553 (or any other law) to 
publish a notice of proposed rulemaking (NPRM), the agency must prepare 
and make available for public comment an Initial Regulatory Flexibility 
Analysis, unless the agency certifies under 5 U.S.C. 605(b) that the 
proposed rule, if implemented, will not have a significant economic 
impact on a substantial number of small entities. 5 U.S.C. 603, 605.
    As noted above, NHTSA is not required to publish an NPRM in this 
rulemaking. Further, the change made by this final rule will not have 
not result in a significant economic impact on a substantial number of 
small entities.

D. Executive Order 13132 (Federalism)

    NHTSA has analyzed this immediately adopted final rule under the 
principles and criteria of Executive Order 13132, ``Federalism.'' The 
Agency determined that this action will not have a substantial direct 
effect on the States, or the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government, and, 
therefore, does not have Federalism implications.

E. Congressional Review Act

    This rule is not a ``rule'' as defined in 5 U.S.C. 804(3), because 
it falls within the exclusion of ``any rule of agency organization, 
procedure, or practice that does not substantially affect the rights or 
obligations of non-agency parties.''

F. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $155 million in lieu of $100 
million.
    This final rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply.

G. National Technology Transfer and Advancement Act

    The requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) are not 
applicable because this rulemaking does not contain provisions 
involving the use of technical standards.
Good Cause for Immediate Adoption
    Section 553(b)(3)(A) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules of agency organization, procedure, or practice, 
except when notice or hearing is required by statute. Under this 
section, an agency may issue a final rule without seeking comment prior 
to the rulemaking.
    Additionally, section 553(b)(3)(B) of the APA authorizes agencies 
to dispense with notice and comment procedures for rules when the 
agency for ``good cause'' finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under this section, an agency, upon finding good cause, may issue a 
final rule without seeking comment prior to the rulemaking.
    NHTSA finds that notice and public comment to this immediately 
adopted final rule are unnecessary because this rule meets the 
exception of section 553(b)(3)(A). The sole purpose of this rule is to 
eliminate the provision calling for the Agency to determine that a 
petition is complete before the Agency publishes a notice summarizing 
the petition and soliciting public comments

[[Page 66160]]

on it. This rule does not impose any additional requirements on 
exemption applicants or the public. Therefore, NHTSA has determined 
that notice and public comment are unnecessary.
    In consideration of the foregoing, NHTSA amends 49 CFR chapter V as 
follows:

List of Subjects in 49 CFR Part 555

    Motor vehicle safety, Motor vehicles.

PART 555--TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER 
STANDARDS

0
1. The authority citation for part 555 continues to read as follows:

    Authority: 49 U.S.C. 30113, 32502, Pub. L. 105-277; delegation 
of authority at 49 CFR 1.50.

0
2. Paragraph (a) of Sec.  555.7 is revised to read as follows:


Sec.  555.7  Processing of applications.

    (a) The agency publishes a notice of the application in the Federal 
Register, affording opportunity for comment.
* * * * *

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.5.
Heidi Renate King,
Deputy Administrator.
[FR Doc. 2018-27795 Filed 12-21-18; 8:45 am]
BILLING CODE 4910-59-P