Registered Importers of Vehicles Not Originally Manufactured To Conform to the Federal Motor Vehicle Safety Standards |
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Daniel C. Smith
National Highway Traffic Safety Administration
August 5, 2014
[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45373-45376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17844]
[[Page 45373]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 592
[Docket No. NHTSA-2013-0041; Notice 2]
RIN 2127-AL43
Registered Importers of Vehicles Not Originally Manufactured To
Conform to the Federal Motor Vehicle Safety Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This document amends the regulations on registered importers
(`'RIs'') of motor vehicles not originally manufactured to comply with
all applicable Federal motor vehicle safety standards. The amendment
requires RIs to certify to NHTSA that an imported vehicle either is not
required to comply with the parts marking requirements of the Theft
Prevention Standard or that the vehicle complies with those
requirements as manufactured, or as modified prior to importation. The
amendment restores text that was inadvertently omitted when the
regulations were last revised.
DATES: The amendment made by this final rule will become effective on
August 5, 2014. Petitions for reconsideration must be received by NHTSA
no later than September 19, 2014.
ADDRESSES: Petitions for reconsideration of this final rule should
refer to the docket and notice numbers identified above and be
submitted to: Administrator, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., West Building, Washington,
DC 20590. It is requested, but not required, that 10 copies of the
petition be submitted. The petition must be received no later than 45
days after publication of this final rule in the Federal Register.
Petitions filed after that time will be considered as petitions filed
by interested persons to initiate rulemaking pursuant to 49 U.S.C.
chapter 301.
The petition must contain a brief statement of the complaint and an
explanation as to why compliance with the final rule is not
practicable, is unreasonable, or is not in the public interest. Unless
otherwise specified in the final rule, the statement and explanation
together may not exceed 15 pages in length, but necessary attachments
may be appended to the submission without regard to the 15-page limit.
If it is requested that additional facts be considered, the petitioner
must state the reason why they were not presented to the Administrator
within the prescribed time. The Administrator does not consider
repetitious petitions and unless the Administrator otherwise provides,
the filing of a petition does not stay the effectiveness of the final
rule.
FOR FURTHER INFORMATION CONTACT: Clint Lindsay, Office of Vehicle
Safety Compliance, NHTSA (202) 366-5288. For legal issues, you may
contact Nicholas Englund, Office of Chief Counsel, NHTSA (202) 366-
5263.
SUPPLEMENTARY INFORMATION:
Introduction
This rule was preceded by a notice of proposed rulemaking (NPRM)
published on December 5, 2013 (78 FR 73169). As explained in the NPRM,
NHTSA published a final rule on August 25, 2011 (76 FR 53072) amending
parts 567, 591, 592, and 593 of title 49 to address issues related to
the RI program. In amending the regulations, the agency inadvertently
deleted from 49 CFR 592.6(d)(1) text under paragraphs (i) and (ii) that
requires the RI to certify to NHTSA, as appropriate, that an imported
vehicle either is not required to comply with the parts marking
requirements of the Theft Prevention Standard (49 CFR part 541) or that
the vehicle complies with those requirements as manufactured, or as
modified prior to importation.
Comments
One comment was submitted in response to the NPRM, from Ms. Karen
Jackson. Ms. Jackson expressed support for the proposed rule, ``as long
as the amended compliance includes the same standards required of
manufacturers in the United States.'' Ms. Jackson cautioned, however,
that the amended regulations ``must not be price fixed to support
another manufacturer or holder.'' In response, the agency notes that
the amendments adopted by this final rule apply to RIs, which are
businesses located in the United States. The amendments require RIs to
certify to NHTSA that an imported vehicle either is not required to
comply with the parts marking requirements of the Theft Prevention
Standard or that the vehicle complies with those requirements as
manufactured, or as modified prior to importation. The agency has
established no fees for an RI to make this certification and there is
no price fixing associated with the certification. Because all RIs will
be required to make the certifications to NHTSA, no competitive
advantage can be gained by any individual RI in making this
certification.
Background and Amendments
The Imported Vehicle Safety Compliance Act of 1988 (Pub. L. 100-
562, ``the 1988 Act''), which became effective on January 31, 1990,
limited the importation of vehicles that did not comply with the
Federal Motor Vehicle Safety Standards (FMVSS) to those capable of
being modified to comply. To enhance oversight, the 1988 Act required
that necessary modifications be performed by RIs. RIs are business
entities that have demonstrated to NHTSA that they are technically and
financially capable of importing nonconforming motor vehicles and of
performing the necessary modifications on those vehicles so that they
conform to all applicable FMVSS. See generally, 49 U.S.C. 30141-30147.
As discussed in the January 14, 2011, proposed rulemaking that preceded
the final rule (76 FR 2631), NHTSA proposed certain amendments to the
RI regulations to protect the integrity of the RI program and to
clarify RI requirements. In the final rule that was published on August
25, 2011 (76 FR 53072), CFR 592.6(d)(1) was amended by adding language
requiring that RIs certify to NHTSA that they destroyed or exported
nonconforming motor vehicle equipment that was removed from imported
vehicles during conformance modifications. The remaining text of the
paragraph remained unchanged and read:
The Registered Importer shall also certify, as appropriate, that
either:
(i) The vehicle is not required to comply with the parts marking
requirements of the theft prevention standard (part 541 of this
chapter); or
(ii) The vehicle complies with those parts marking requirements as
manufactured, or as modified prior to importation.
In the regulatory text of the final rule, NHTSA inadvertently
failed to properly mark subparagraphs (i) and (ii), resulting in the
deletion of those paragraphs. In this rulemaking, the agency is
restoring the language that was originally in subparagraphs (i) and
(ii).
This amendment does not change the meaning or application of the
regulations, as explained in the preamble of the final rule at 76 FR
53072.
[[Page 45374]]
Rulemaking Analyses and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563, and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The agency has considered the impact of this rulemaking action
under E.O. 12866, E.O. 13563, and the Department of Transportation's
regulatory policies and procedures. This action was reviewed by the
Office of Management and Budget under E.O. 12866. This rulemaking is
not significant. Further, NHTSA has determined that the rulemaking is
not significant under Department of Transportation's regulatory
policies and procedures. Based on the level of the fees and the volume
of affected vehicles, NHTSA currently anticipates that the costs of the
final rule will be so minimal as not to warrant preparation of a full
regulatory evaluation. The action does not involve any substantial
public interest or controversy. The rule will have no substantial
effect upon State and local governments. There will be no substantial
impact upon a major transportation safety program. A regulatory
evaluation analyzing the economic impact of the final rule establishing
the registered importer program, adopted on September 29, 1989, was
prepared, and is available for review in the docket.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR Part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR Sec. 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies that the rule would not have a significant economic impact on
a substantial number of small entities. The SBREFA amended the
Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule would not
have a significant economic impact on a substantial number of small
entities.
The agency has considered the effects of this rulemaking under the
Regulatory Flexibility Act, and certifies that the adopted amendments
will not have a significant economic impact upon a substantial number
of small entities.
The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. 605(b)). The adopted amendments will
primarily affect entities that currently modify nonconforming vehicles
and that are small businesses within the meaning of the Regulatory
Flexibility Act; however, the agency has no reason to believe that
these companies will be unable to certify that either: (i) The vehicle
is not required to comply with the parts marking requirements of the
theft prevention standard (part 541 of this chapter); or (ii) The
vehicle complies with those parts marking requirements as manufactured,
or as modified prior to importation.'' Governmental jurisdictions will
not be affected at all since they are generally neither importers nor
purchasers of nonconforming motor vehicles.
C. Executive Order 13132 (Federalism)
Executive Order 13132 on ``Federalism'' requires NHTSA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
Federalism implications.'' Executive Order 13132 defines the term
``policies that have federalism implications'' to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, NHTSA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or NHTSA
consults with State and local officials early in the process of
developing the proposed regulation.
This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government as specified in Executive Order 13132.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rulemaking action.
D. National Environmental Policy Act
NHTSA has analyzed this action for purposes of the National
Environmental Policy Act. The action will not have a significant effect
upon the environment because it is anticipated that the annual volume
of motor vehicles imported through registered importers would not vary
significantly from that existing before promulgation of the rule.
E. Executive Order 12988 (Civil Justice Reform)
Pursuant to Executive Order 12988 ``Civil Justice Reform,'' the
agency has considered whether this final rule will have any retroactive
effect. NHTSA concludes that this final rule will not have any
retroactive effect. Judicial review of the rule may be obtained
pursuant to 5 U.S.C. 702. That section does not require that a petition
for reconsideration be filed prior to seeking judicial review.
[[Page 45375]]
F. Executive Order 13609: Promoting International Regulatory
Cooperation
The policy statement in section 1 of Executive Order 13609
provides, in part:
The regulatory approaches taken by foreign governments may differ
from those taken by U.S. regulatory agencies to address similar issues.
In some cases, the differences between the regulatory approaches of
U.S. agencies and those of their foreign counterparts might not be
necessary and might impair the ability of American businesses to export
and compete internationally. In meeting shared challenges involving
health, safety, labor, security, environmental, and other issues,
international regulatory cooperation can identify approaches that are
at least as protective as those that are or would be adopted in the
absence of such cooperation. International regulatory cooperation can
also reduce, eliminate, or prevent unnecessary differences in
regulatory requirements.
In the NPRM, NHTSA requested public comment on whether (a)
``regulatory approaches taken by foreign governments'' concerning the
subject matter of this rulemaking and (b) the above policy statement
has any implications for this rulemaking. No comments were received
regarding this matter.
G. Executive Order 13211
Executive Order 13211 applies to any rule that: (1) Is determined
to be economically significant as defined under E.O. 12866, and is
likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. If the regulatory action meets either
criterion, we must evaluate the adverse energy effects of the proposed
rule and explain why the proposed regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by NHTSA. As noted above, this final rule is not significant under E.O.
12866. NHTSA also believes that this final rule would not have any
effect on the supply, distribution or use of energy.
H. Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with the base year
of 1995). Before promulgating a rule for which a written assessment is
needed, Section 205 of the UMRA generally requires NHTSA to identify
and consider a reasonable number of regulatory alternatives and to
adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
Section 205 do not apply when they are inconsistent with applicable
law. Moreover, Section 205 allows NHTSA to adopt an alternative other
than the least costly, most cost-effective or least burdensome
alternative if the agency publishes with the final rule an explanation
why that alternative was not adopted. Because this final rule will not
require the expenditure of resources beyond $100 million annually, this
rulemaking action is not subject to the requirements of Sections 202
and 205 of the UMRA.
I. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, a person is not required
to respond to a collection of information by a Federal agency unless
the collection displays a valid OMB control number. Part 592 includes
collections of information for which NHTSA has obtained OMB Clearance
No. 2127-0002, a consolidated collection of information for
``Importation of Vehicles and Equipment Subject to the Federal Motor
Vehicle Safety, Bumper and Theft Prevention Standards,'' approved
through January 31, 2014. A request for OMB to extend its approval of
this information collection is currently pending. See notice at 78 FR
72749 (December 2, 2013). This final rule will not affect the burden
hours associated with Clearance No. 2127-0002 because we are only
reinstating regulatory text that was inadvertently omitted when the
regulations were last amended. This final rule does not impose new
collection of information requirements or otherwise affect the scope of
the program.
J. Executive Order 13045
Executive Order 13045 applies to any rule that (1) is determined to
be ``economically significant'' as defined under E.O. 12866, and (2)
concerns an environmental, health, or safety risk that NHTSA has reason
to believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned rule is preferable to other potentially
effective and reasonably feasible alternatives considered by us. This
rulemaking is not economically significant and does not concern an
environmental, health, or safety risk.
K. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs NHTSA to use voluntary consensus standards in its regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs the agency to provide Congress,
through the OMB, explanations when we decide not to use available and
applicable voluntary consensus standards.
This final rule reinstates regulatory text that was inadvertently
omitted when the regulations at issue were last amended and it creates
no substantive changes to the vehicle import program or any action that
would require the use of voluntary consensus standards. For these
reasons, Section 12(d) of the NTTAA does not apply.
L. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN that appears in the heading on the first page of this
document to find this action in the Unified Agenda.
List of Subjects in 49 CFR Part 592
Imports, Motor vehicle safety, Motor vehicles, Reporting and
recordkeeping requirements.
In consideration of the foregoing, NHTSA amends 49 CFR part 592 as
follows:
PART 592--REGISTERED IMPORTERS OF VEHICLES NOT ORIGINALLY
MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY
STANDARDS
0
1. The authority citation for part 592 continues to read as follows:
[[Page 45376]]
Authority: Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-
30147; delegation of authority at 49 CFR 1.50.
0
2. Amend Sec. 592.6 to add paragraphs (d)(1)(i) and (ii) to read as
follows:
Sec. 592.6 Duties of a registered importer.
* * * * *
(d) * * *
(1) * * *
(i) The vehicle is not required to comply with the parts marking
requirements of the theft prevention standard (part 541 of this
chapter); or
(ii) The vehicle complies with those parts marking requirements as
manufactured, or as modified prior to importation.
* * * * *
Issued On: July 22, 2014.
Daniel C. Smith,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2014-17844 Filed 8-4-14; 8:45 am]
BILLING CODE 4910-59-P