Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations 47763

northwest at petitioner’s licensed site.

The coordinates for Channel 249C1 at

Garden City are North Latitude 33–35–

27 and West Longitude 79–02–53. With

this action, this proceeding is

terminated.

EFFECTIVE DATE: October 20 , 1997.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–196,

adopted August 27, 1997, and released

September 5, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Sections 303, 48 Stat., as

amended, 1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under South Carolina, is

amended by removing Channel 249C1

from Georgetown and adding Garden

City, Channel 249C1.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–24004 Filed 9–10–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–230; RM–8911, RM–

9049]

Radio Broadcasting Services; Levan

and Oakley, UT and Green River, WY

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Windy Valley Broadcasting,

allots Channel 256A to Levan, Utah, as

the community’s first local aural

transmission service. See 61 FR 63810,

December 2, 1996. In response to a

counterproposal filed by MRF

Enterprises, the Commission allots

Channel 268C1 to Oakley, Utah. In order

to accommodate the new service at

Oakley, the Commission also substitutes

Channel 221C for Channel 268C at

Green River, Wyoming. Channel 256A at

Levan and Channel 268C at Green River

can be allotted in compliance with the

Commission’s minimum distance

separation requirements using the city

references coordinates for the respective

communities. Channel 268C1 can be

allotted to Oakley with a site restriction

of 29.2 kilometers (18.1 miles) east. The

coordinates for Channel 256A at Levan,

Utah, are 39–33–18 NL and 111–51–42

WL. The coordinates for Channel 221C

at Green River, Wyoming, are 41–31–36

NL and 109–28–06 WL. The coordinates

for Channel 268C1 at Oakley, Utah, are

40–43–07 NL and 110–57–17 WL. With

this action, this proceeding is

terminated.

DATES: October 20, 1997. The window

period for filing applications for

Channel 256A at Levan and Channel

268C1 at Oakley, Utah, will open on

October 20, 1997, and close on

November 20, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–230,

adopted August 27, 1997, and released

September 5, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 1231 20th

Street, NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Utah, is amended by

adding Levan, Channel 256A.

3. Section 73.202(b), the Table of FM

Allotments under Utah, is amended by

adding Oakley, Channel 268C1.

4. Section 73.202(b), Table of FM

Allotments under Wyoming, is amended

by removing Channel 268C and adding

Channel 221C at Green River.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–24003 Filed 9–10–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 580

[Docket No. 87–09, Notice 16]

RIN 2127–AG83

Odometer Disclosure Requirements;

Exemptions

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Interim final rule; request for

comments.

SUMMARY: This interim final rule

amends 49 CFR Part 580 by establishing

a new § 580.17, by repromulgating the

exemptions for certain categories of

vehicles from odometer disclosure

requirements now located in § 580.6,

and by moving the exemptions to the

new § 580.17. This interim final rule

also revises the authority citation for

part 580 to reflect Public Law 104–205.

The agency is taking this action

pursuant to recent Federal legislation

affirming the agency’s exemption

authority. Pub. L. 104–205 (Sept. 30,

1996). The repromulgation is

necessitated by a recent United States

Court of Appeals decision that has

raised questions about NHTSA’s

authority to exempt categories of

vehicles from the Federal odometer

disclosure requirements.

This document is published as an

interim final rule, to be effective

immediately on publication in the

Federal Register. NHTSA is requesting

comments on this rule. At the close of

the comment period, NHTSA will

publish a document responding to the

comments and, if appropriate, amending

the provisions of this rule.

DATES: This rule is effective

immediately upon publication in the
47764 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations

Federal Register. Comments on this rule

are due not later than October 14, 1997.

ADDRESSES: Written comments should

refer to the docket number of this notice

and should be submitted to: Docket

Section, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW, Room 5109, Washington, DC

20590. (Docket hours are 9:30 a.m.

through 4 p.m.)

FOR FURTHER INFORMATION CONTACT:

Eileen Leahy, Office of the Chief

Counsel, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW, Room 5219, Washington, DC

20590. 202–366–5263.

SUPPLEMENTARY INFORMATION:

Background

In August 1988, to implement the

Truth in Mileage Act of 1986 (‘‘TIMA’’),

NHTSA amended the Federal odometer

disclosure regulations (49 CFR Part

580). 53 FR 29464 (Aug. 5, 1988). Part

580 had first been promulgated in 1973

pursuant to Title IV of the Motor

Vehicle Information and Cost Savings

Act of 1972. Pub. L. 92–513.

Between 1973 and 1988, NHTSA

amended Part 580 in several respects.

Among the amendments it adopted were

several which exempted certain

categories of vehicles from the

requirement that there be a written

disclosure of the mileage when there

was a transfer of ownership of the

vehicle. As of 1988, there were five

categories of exempt vehicles: those

whose Gross Vehicle Weight Rating

(GVWR) exceeded 16,000 pounds

(‘‘heavy vehicle exemption’’); non-selfpropelled vehicles (e.g., trailers);

vehicles over 25 years old (‘‘older

vehicle exemption’’); vehicles sold

directly by a manufacturer to an agency

of the Federal government pursuant to

contractual specifications; and vehicles

being transferred prior to their first

purchase for purposes other than resale.

During this time period, several courts

ruled on the validity of the heavy

vehicle exemption, with mixed results.

See Mitchell v. White Motor Corp., 627

F. Supp. 1241 (M. D. Tenn. 1986); Davis

v. Dils Motor Co. 566 F. Supp. 1360 (S.

D. W.Va. 1983); Lair v. Lewis Service

Center, 428 F. Supp. 778 (D. Neb. 1977);

W. W. Wallwork, Inc. v. Duchscherer,

501 N.W. 2d 751 (N. D. 1993).

The agency considered these

exemptions again when it proposed the

amendments to Part 580 to implement

TIMA. It adopted them as part of the

1988 amendments to Part 580, with no

changes except for a reduction in the

age limit for the older vehicle

exemption, from 25 to 10 years. This

change was adopted after NHTSA

considered a number of the comments

on the NPRM that had advocated

substantial reductions in the age of

vehicles that would qualify for this

exemption. 53 FR 49472 (Aug. 5, 1988).

In 1994, the United States Court of

Appeals for the Ninth Circuit ruled that

NHTSA lacked authority to adopt heavy

vehicle exemption in Orca Bay Seafoods

v. Northwest Truck Sales, Inc., 32 F.3d

433 (9th Cir. 1994). In response to the

Orca Bay decision, Congress included as

part of the Department of Transportation

and Related Agencies Appropriations

Act for Fiscal Year 1997 (‘‘1997 DOT

Appropriations Act’’) a provision which

states that ‘‘notwithstanding any other

provision of law, the Secretary may use

funds appropriated under this Act, or

any subsequent Act, to administer and

implement the exemption provisions of

49 CFR 580.6 and to adopt or amend

exemptions from the disclosure

requirements for any class or category of

vehicles that the Secretary deems

appropriate.’’ Section 332, Pub. L. 104–

205 (Sept. 30, 1996).

On March 31, 1997, the United States

Court of Appeals for the Seventh Circuit

held that the older vehicle exemption in

Part 580 was invalid because NHTSA

did not have statutory authority to

exempt categories of vehicles from the

odometer disclosure requirements.

Diersen v. Chicago Car Exchange, 110

F.3d 481 (1997), rehearing denied, 1997

USApp LEXIS 11334 (7th Cir. May 13,

1997). The court’s opinion did not

mention section 332 of the 1997 DOT

Appropriations Act.

Discussion

Since the Diersen decision, NHTSA

has received a number of inquiries from

state motor vehicle administrators,

vehicle auction companies,

representatives of dealer associations

and others asking whether the

exemptions in 49 CFR 580.6 are still

valid, and whether or not odometer

disclosure statements are now required

for the vehicles exempted by that

Section. These inquiries show that there

is widespread confusion among buyers

and sellers of vehicles, as well as those

responsible for issuing vehicle titles, as

to when an odometer disclosure

statement is required. The effect is most

acute in the states located within the

jurisdiction of the Seventh Circuit

(Illinois, Indiana and Wisconsin) and

Ninth Circuit (....); but given the

interstate nature of many vehicle

transfers, the uncertainty affects all

states.

In view of the potential harm this

uncertainty could cause to the

effectiveness of TIMA, and to the titling

process in general, NHTSA has

concluded that there is an immediate

need to clarify the legal status of the

exemptions to Part 580. Accordingly,

NHTSA is publishing this interim final

rule today, and making it effective

immediately upon publication. The

interim final rule repromulgates the

exemptions formerly contained in

section 580.6 in a new section

(numbered 580.17), relying on the

authority of the 1997 DOT

Appropriations Act. This legislation

evidences Congress intent that NHTSA

have the authority to adopt and amend

exemptions to the odometer disclosure

requirements of Part 580. In

repromulgating the exemptions, the

agency reaffirms that the exemptions are

consistent with the purposes of TIMA

and that effective administration of

TIMA will be served best both by

maintaining continuity in the

exemptions that are recognized, and by

ensuring consistency among the states.

The agency is requesting comments

from the public, as well as from entities

that are affected by the exemptions,

such as state motor vehicle

administrators, automobile auctions,

vehicle manufacturers, lease companies

and dealers. The comments should

address such issues as the relative costs

and benefits of retaining or eliminating

all or some of the exemptions; and the

effect, if any, that retaining or

eliminating all or some exemptions

would have on reducing odometer

fraud.

Pursuant to 5 U.S.C. § 553(b)(B), the

agency concludes that there is good

cause for adopting this interim final rule

without prior notice and opportunity for

public comment. Prior notice and public

comment are unnecessary in this case

because the rule merely repromulgates

rules that have already been subject to

the notice and comment procedures of

5 U.S.C. § 553(b). The need stated above

for prompt agency action to clarify the

legal status of these exemptions in light

of the confusion caused by the Seventh

Circuit’s decision in Diersen also makes

prior notice and opportunity for

comment impracticable. As the agency

has described above, the public interest

now lies in immediate resolution of the

uncertainty caused by that decision;

further delay would only exacerbate the

harmful effects of that confusion.

This rule is exempt under 5 U.S.C.

§ 553(d)(1) from the general requirement

that rules be published not less than 30

days prior to their effective date because

it grants an exemption. Accordingly,

this rule will be effective immediately

upon publication in the Federal

Register.
Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations 47765

Federalism Assessment

The agency has analyzed this rule in

accordance with the principles and

criteria contained in Executive Order

12612, and has determined that the

interim final rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. The interim final rule

merely repromulgates existing

exemptions to the odometer disclosure

requirements, and does not alter the

effect on the states of existing statutory

or regulatory requirements.

Rulemaking Analyses

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

NHTSA has analyzed this rule and

determined that it is neither ‘‘major’’

nor ‘‘significant’’ within the meaning of

Executive Order 12886 or of Department

of Transportation regulatory policies

and procedures. Because the agency

estimates that this rule would not have

a significant impact, it has not prepared

a regulatory evaluation.

B. Regulatory Flexibility Act

The agency has also considered the

effects of this action under the

Regulatory Flexibility Act. I certify that

this action will not have a substantial

economic impact upon a substantial

number of small entities. Because it is

limited to amending the statutory

authority for existing exemptions to

agency regulations, it does not affect the

impact of those regulations on small

businesses.

C. National Environmental Policy Act

The agency has analyzed this rule

under the National Environmental

Policy Act and determined that it will

not have a significant impact on the

human environment. Accordingly, it has

not prepared an environmental impact

statement.

D. Paperwork Reduction Act

The interim final rule is not a

collection of information as that term is

defined by OMB in 5 CFR Part 1320. It

amends the statutory authority for

exemptions to the odometer disclosure

requirements in 49 CFR Part 580. Those

exemptions do not require the collection

of any information. The information

collection requirements established by

Part 580 have been approved by OMB.

(OMB 2127–0047).

E. Civil Justice Reform

This rule will not have any retroactive

effect. States may not adopt laws on

disconnecting, altering, or tampering

with an odometer with intent to defraud

that are inconsistent with 49 U.S.C.

Chapter 327. 49 U.S.C. Chapter 327 does

not exempt persons from complying

with state laws on disconnecting,

altering or tampering with an odometer

with intent to defraud. Agency

regulations issued under 49 U.S.C.

Chapter 327 are subject to judicial

review under 5 U.S.C. 704. There is no

requirement for a petition for

reconsideration or other administrative

proceeding before a party may file a suit

in court.

List of Subjects in 49 CFR Part 580

Odometers, consumer protection.

In consideration of the foregoing, 49

CFR Part 580 is amended as follows:

PART 580—ODOMETER DISCLOSURE

REQUIREMENTS

1. The authority citation for 49 CFR

Part 580 is revised to read as follows:

Authority: 49 U.S.C. 32705; Sec. 332,

Public Law No. 104–205; delegation of

authority at 49 CFR 1.50(f) and 501.8(e)(1).

§ 580.6 [Redesignated as § 580.17]

2. Section 580.6 is redesignated as

§ 580.17 and republished without

change to read as follows:

§ 580.17 Exemptions.

Notwithstanding the requirements of

§§ 580.5 and 580.7:

(a) A transferor or a lessee of any of

the following motor vehicles need not

disclose the vehicle’s odometer mileage:

(1) A vehicle having a Gross Vehicle

Weight Rating, as defined in § 571.3 of

this title, of more than 16,000 pounds;

(2) A vehicle that is not selfpropelled;

(3) A vehicle that is ten years old or

older; or

(4) A vehicle sold directly by the

manufacturer to any agency of the

United States in conformity with

contractual specifications.

(b) A transferor of a new vehicle prior

to its first transfer for purposes other

than resale need not disclose the

vehicle’s odometer mileage.

(c) A lessor of any of the vehicles

listed in paragraph (a) of this section

need not notify the lessee of any of these

vehicles of the disclosure requirements

of § 580.7.

Issued: September 5, 1997.

Ricardo Martinez,

Administrator.

[FR Doc. 97–23991 Filed 9–5–97; 4:50 pm]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 970804190–7190–01; I.D.

070997A]

RIN: 0648–AJ89

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico;

Vermilion Snapper Size Limit

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule increases the

minimum size limit for vermilion

snapper. The intended effect is to

reduce overfishing of vermilion snapper

in the Gulf of Mexico.

DATES: This rule is effective September

14, 1997 through March 10, 1998.

Comments must be received not later

than October 14, 1997.

ADDRESSES: Comments on this interim

rule must be mailed to, and copies of

documents supporting this action may

be obtained from, the Southeast

Regional Office, NMFS, 9721 Executive

Center Drive N., St. Petersburg, FL

33702.

FOR FURTHER INFORMATION CONTACT:

Robert Sadler, 813–570–5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery of the Gulf of Mexico is

managed under the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP).

The FMP was prepared by the Gulf of

Mexico Fishery Management Council

(Council) and is implemented under the

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) by

regulations at 50 CFR part 622.

The Council, by non-unanimous vote,

requested that NMFS issue this interim

rule to increase the vermilion snapper

minimum size limit from 8 to 10 inches

(20.3 to 25.4 cm) total length, pending

NMFS’ review and approval of

Amendment 15 to the FMP.

Amendment 15 contains a 10–inch

minimum size limit and additional

details regarding such limit. This size

limit responds to the 1996 vermilion

snapper stock assessment, the 1997

Addendum to that assessment, and the

1996 and 1997 Reef Fish Stock

Assessment Panel (RFSAP) Reports. In

those documents, scientists concluded