Federal Motor Vehicle Safety Standards; Minimum Sound Requirements for Hybrid and Electric Vehicles

Topics:  Federal Motor Vehicle Safety Standards

Terry T. Shelton
National Highway Traffic Safety Administration
7 June 2017

[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Page 26360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11732]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 585

[Docket No. NHTSA-2016-0125]
RIN 2126-AK93


Federal Motor Vehicle Safety Standards; Minimum Sound 
Requirements for Hybrid and Electric Vehicles

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

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the Presidential directive as expressed in 
the memorandum of January 20, 2017, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this 
action temporarily delays until September 5, 2017, the effective date 
of the final rule titled ``Federal Motor Vehicle Safety Standards; 
Minimum Sound Requirements for Hybrid and Electric Vehicles,'' 
initially scheduled to become effective on February 13, 2017.

DATES: The effective date of the final rule published on December 14, 
2016 (81 FR 90416), is delayed until September 5, 2017. The initial 
compliance date is September 1, 2018, with full phase in by September 
1, 2019.

FOR FURTHER INFORMATION CONTACT: For legal issues, contact Thomas 
Healy, Office of Chief Counsel, at (202) 366-2992. For non-legal 
issues, contact Mike Pyne, Office of Rulemaking, at (202) 366-4171.

SUPPLEMENTARY INFORMATION: NHTSA bases this action in part on the 
Presidential directive expressed in the memorandum of January 20, 2017, 
from the Assistant to the President and Chief of Staff, entitled 
``Regulatory Freeze Pending Review'' (the January 20, 2017 memorandum). 
That memorandum directed the heads of Executive Departments and 
Agencies to temporarily postpone for 60 days from the date of the 
memorandum the effective dates of certain regulations that had been 
published in the Federal Register, but had not yet taken effect. 
Because the original effective date of the final rule published on 
December 14, 2016, fell within that 60-day window, the effective date 
of the rule was extended to March 21, 2017, in a final rule published 
on February 6, 2017 (82 FR 9368). The effective date was again extended 
to May 22, 2017, in a final rule published March 21, 2017 (82 FR 
14477). The effective date was further extended until June 5, 2017, in 
a final rule published May 22, 2017 (82 FR 23150). Consistent with the 
memorandum of the Assistant to the President and Chief of Staff, and as 
stated in the February 6, 2017, final rule delaying the effective date, 
the Agency further delays the effective date of this regulation until 
September 5, 2017.
    This delay of the effective date of the final rule is also based on 
the need to allow additional time to respond to several petitions for 
reconsideration filed in response to the final rule. These responses 
will provide regulated entities with greater certainty as to the 
requirements of the Minimum Sound Requirements for Hybrid and Electric 
Vehicles final rule prior to the rule coming into effect. Delaying the 
effective date of the final rule to allow additional time to respond to 
these petitions for reconsideration is prudent in this instance because 
the petitions concern topics such as the date by which manufacturers 
are required to comply with the rule's requirements and the stringency 
of the requirements themselves, both of which impact manufacturers' 
compliance plans.
    The Agency's implementation of this action without opportunity for 
public comment is based on the good cause exceptions in 5 U.S.C. 
553(b)(B) and 553(d)(3), in that seeking public comment is 
impracticable, unnecessary and contrary to the public interest. The 
delay in the effective date until September 5, 2017, is necessary to 
provide the opportunity for further review and consideration of this 
new regulation, consistent with the January 20, 2017 memorandum. Given 
the imminence of the effective date of the ``Federal Motor Vehicle 
Safety Standards; Minimum Sound Requirements for Hybrid and Electric 
Vehicles'' final rule, seeking prior public comment on this temporary 
delay would be impractical, as well as contrary to the public interest 
in the orderly promulgation and implementation of regulations.

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30116; 
delegation of authority at 49 CFR 1.95.

Terry T. Shelton,
Acting Executive Director.
[FR Doc. 2017-11732 Filed 6-2-17; 4:15 pm]
 BILLING CODE 4910-59-P