[Federal Register Volume 65, Number 94 (Monday, May 15, 2000)]
[Rules and Regulations]
[Pages 30915-30918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11493]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-00-7144]
RIN 2127-AG55


Federal Motor Vehicle Safety Standards; FMVSS 101--Technical 
Correction--Speedometer Display

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

ACTION: Final rule.

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SUMMARY: This technical amendment corrects an error in Table 2 of 
Federal Motor Vehicle Safety Standard 101 as a result of a final rule 
published September 24, 1998. In that notice the agency adopted 
language for the speedometer display as ``MPH and/or km/h''. The effect 
of this language is to allow speedometers labeled in miles per hour 
(MPH) alone, kilometers per hour (km/h) alone, or both miles and 
kilometers per hour. The intent was to require speedometer display in 
miles per hour, and to allow the addition of kilometers per hour at the 
option of the manufacturer. This amendment changes the language of 
Table 2 to ``MPH, or MPH and km/h''.

DATES: This final rule is effective February 15, 2001. Optional early 
compliance with the change made in this final rule is permitted 
beginning May 15, 2000.

ADDRESSES: Petitions for reconsideration of this final rule should 
refer to the docket number cited in the heading of this final rule and 
be submitted to: Administrator, National Highway Traffic Safety 
Administration, 400 Seventh St, SW, Washington, DC 20590. It is 
requested, but not required, that ten copies be submitted.

FOR FURTHER INFORMATION CONTACT: Gayle Dalrymple, NPS-23, Office of 
Safety Performance Standards, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW, Washington, DC 20590. Ms. 
Dalrymple can be

[[Page 30916]]

reached by phone at (202) 366-5559 or by facsimile at (202) 366-4329.

SUPPLEMENTARY INFORMATION: On May 27, 1998, NHTSA published a final 
rule amending selected Federal Motor Vehicle Safety Standards (FMVSS) 
by converting English measurements specified in those standards to 
metric measurements. On September 24, 1998, the agency published a 
technical amendment and response to petition for reconsideration 
stemming from the May notice. In the September notice, the agency 
responded to a comment from Ford Motor Company stating that, in Ford's 
view, the label ``MPH km/h'' in Column 3 of Table 2 under 
``Speedometer'' in FMVSS 101 required both English and metric units to 
be displayed on the speedometer. The intent of the standard is to 
require speedometer display in miles per hour (MPH), and to allow the 
addition of kilometers per hour (km/h) to MPH at the option of the 
manufacturer. Ford recommended that ``MPH km/h'' be changed to ``MPH 
and/or km/h''. The agency adopted this text for the Speedometer display 
in Table 2 of FMVSS 101 with the September 24, 1998, notice. We have 
become aware that the new language, ``MPH and/or km/h'', could be 
interpreted to mean that speedometers labeled in kilometers per hour 
alone are acceptable. It was obviously not our intent to allow 
speedometers graduated in km/h only, which would be useless for drivers 
in the U.S., where speed limits are communicated in MPH alone. We do 
not believe that Ford intended such an outcome either. Therefore, 
today's technical amendment changes the language of the Speedometer 
display required by FMVSS 101 to ``MPH, or MPH and km/h''. This 
provision is consistent with the requirements of FMVSS 101 which were 
in effect from 1982 to 1998.

Regulatory Impacts

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has examined the impact of this rulemaking action under E.O. 
12866 and the Department of Transportation's regulatory policies and 
procedures. This rulemaking document was not reviewed under E.O. 12866, 
``Regulatory Planning and Review.'' This action has been determined to 
be not ``significant'' under DOT's regulatory policies and procedures.
    In converting the Federal Motor Vehicle Safety Standards from the 
English to the metric measurement system, the agency has made 
conversions in a way that does not substantively change the performance 
requirements of the FMVSSs. In this final rule, NHTSA makes corrections 
to an error that appeared in the September 24,1998, final rule. NHTSA 
does not believe motor vehicle manufacturers will incur any additional 
costs as a result of the final rule. The impacts of this action are so 
minor that a full regulatory evaluation has not been prepared.

B. Regulatory Flexibility Act

    The agency has also considered the effects of this rulemaking 
action under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I 
certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. The rationale for 
this certification is that this final rule makes no substantive changes 
to any Federal Motor Vehicle Safety Standards, and is limited to 
correcting a typographical error in the September 24, 1998, final rule 
that amended the Federal Motor Vehicle Safety Standards.

C. Environmental Impacts

    In accordance with the National Environmental Policy Act of 1969, 
the agency has considered the environmental impacts of this rulemaking 
action and determined that as a final rule, it would not have a 
significant impact on the quality of the human environment.

D. Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

E. Civil Justice Reform

    This rule will not have a retroactive effect. Under Section 103(d) 
of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 
1392(d)), 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. Section 105 of the Act (15 U.S.C. 1394) 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.

F. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the cost, 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. Because this final rule does not have a $100 
million effect, no Unfunded Mandates assessment has been prepared.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles.

    In consideration of the foregoing, the Federal Motor Vehicle Safety 
Standards (49 CFR Part 571), are amended as set forth below.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    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.


    2. Section 571.101 is amended by revising S5 to read as follows:


Sec. 571.101  Standard No. 101, Controls and displays.

* * * * *
    S5 Requirements. Each passenger car, multipurpose passenger 
vehicle, truck and bus manufactured with any control listed in S5.1 or 
in column 1 of Table 1, and each passenger car, multipurpose passenger 
vehicle and truck or bus less than 4,536 kg. GVWR with any display 
listed in S5.1 or in column 1 of Table 2, shall meet the requirements 
of this standard for the location, identification, and illumination of 
such control or display.
* * * * *

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    3. Section 571.101 is amended by revising Table 2 following S6. to 
read as follows:

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    Issued on: May 2, 2000.
Stephen R. Kratzke,
Associate Administrator for Performance Safety Standards.
[FR Doc. 00-11493 Filed 5-12-00; 8:45 am]
BILLING CODE 4910-59-P