68108 Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations

ACTION: Notice of technical workshop.

SUMMARY: This document announces

that NHTSA will hold a technical

workshop to give NHTSA an

opportunity to make sure it understands

the petitioners’ issues concerning some

of the test procedures for the advanced

air bag final rule issued earlier this year.

DATES: The workshop will be held

December 6, 2000, at the address listed

below. Lists of persons wishing to

participate in the workshop and the

names of the vehicle models that

participants wish to bring to the

workshop to demonstrate test dummy

positioning problems should be

provided to Ed Jettner at the address or

telephone number listed below by

November 22, 2000. Due to space and

time limitations, NHTSA may have to

limit the number of representatives per

organization as well as the number of

problematic vehicles that will be

examined.

ADDRESSES: The workshop will be held

at the Vehicle Research and Test Center

(VRTC), 10820 State Route 347, East

Liberty, Ohio 43319. Directions to VRTC

and the final agenda will be sent to

participants.

FOR FURTHER INFORMATION CONTACT: Ed

Jettner, Office of Crashworthiness

Standards, NPS–11, National Highway

Traffic Safety Administration, 400

Seventh Street, SW., Washington, DC

20590, telephone (202) 366–4917, Fax

(202) 366–4329, e-mail

ejettner@nhtsa.dot.gov.

SUPPLEMENTARY INFORMATION: On May

12, 2000, NHTSA published a final rule

amending Standard No. 208, Occupant

Crash Protection, to require that future

air bags be designed to create less risk

of serious air bag-induced injuries than

current air bags, particularly for small

women and young children; and

provide improved frontal crash

protection for all occupants, by means

that include advanced air bag

technology. (65 FR 30680; Docket No.

NHTSA 00–7013; Notice 1) The period

for submitting petitions for

reconsideration closed June 26, 2000.

NHTSA received nine petitions for

reconsideration of the final rule, some of

which raised questions concerning some

of the new test procedures in the final

rule. We also received three requests for

clarification of those procedures. To

enable interested parties and NHTSA

personnel to better understand the

questions concerning those test

procedures, we believe that it would be

desirable to hold a technical workshop.

The workshop will be limited to those

procedures that petitioners have raised

as legitimate technical issues. It will not

address procedures that were the subject

of policy-based objections. For example,

NHTSA did not provide detailed test

procedures on how to position the child

or child dummy in static suppression

tests. This lack of specificity was

intentional since we wanted this

technology to be robust enough to

protect all children generally situated in

the positions required by the final rule.

While there may be a difference of

opinion about the appropriateness of the

agency’s position, there is no need to

review that issue at a technical

workshop. The agency will respond to

this and other non-technical issues in

the notice responding to the petitions

for reconsideration.

We believe that the petitioners raised

legitimate technical issues about the

following test procedures, and therefore

that only those issues should be

addressed at the workshop:

1. Cinchdown procedure for child

restraints in vehicles equipped with

static suppression technology to comply

with the advanced air bag requirements.

2. Procedures for positioning the 6-

year-old and 3-year-old child dummies

in the passenger seating position in

vehicles equipped with low-risk

deployment technology to comply with

the advanced air bag requirements. The

workshop will address the method used

to achieve the final position and the

effect that the vehicle seat may have on

achieving that position.

3. Procedures for positioning for the

5th percentile adult female dummy in

the driver seating position for

demonstrating compliance with the lowrisk deployment test of the advanced air

bag requirements. The workshop will

address the method used to achieve the

final chin-on-rim position, and the

effect that the vehicle seat may have on

achieving the chin-on-rim and chest-onmodule positions.

NHTSA will announce any resolution

of these issues in the notice responding

to the petitions for reconsideration.

Several petitioners noted that they

had problems with the above-listed test

procedures in particular vehicles. We

request that participants who have

experienced problems with specific

vehicles bring the vehicles to the

workshop so that we may address as

many of the different vehicle

configurations as possible. If no

problematic vehicles are presented at

the workshop, we will limit the

workshop to the cinchdown procedure

for child seats.

We request that persons wishing to

participate in the workshop notify Ed

Jettner not later than November 22,

2000. Interested persons should indicate

the company or organization which they

represent. Interested persons wishing to

bring a particular vehicle to demonstrate

the dummy positioning difficulties

should also identify for Mr. Jettner the

vehicle models they would like to bring

to the workshop. Once we compile a list

of interested persons and problematic

vehicles, we will determine whether the

number of representatives per

participant must be limited due to space

and time constraints. If this proves to be

necessary, we will equitably allocate the

available space among the participating

companies and organizations and

among the identified problematic

vehicles.

To facilitate communication, NHTSA

will provide auxiliary aids to

participants as necessary during the

meeting. To ensure their availability,

any person desiring assistance of

auxiliary aids (e.g., sign-language

interpreter) should contact Ed Jettner.

Authority: 15 U.S.C. 1392, 1401, 1403,

1407, delegation of authority at 49 CFR 1.50.

Issued on November 7, 2000.

Stephen R. Kratzke,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 00–28985 Filed 11–13–00; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Parts 578 and 592

[Docket No. NHTSA 2000–8253]

RIN 2127–AI18

Civil Penalties; 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.

SUMMARY: This document amends

NHTSA’s regulations on civil penalties

and registered importers to reflect

related amendments to 49 U.S.C.

30165(a) and 30120(g)(1) made by

sections of the Transportation Recall

Enhancement, Accountability, and

Documentation (TREAD) Act, signed by

the president on November 1, 2000.

Under these amendments, the civil

penalty for a single violation of 49

U.S.C. Chapter 301—Motor Vehicle

Safety is increased from $1,100 to

$5,000, and the maximum civil penalty

for a related series of violations is

increased from $925,000 to $15,000,000.

Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations 68109

However, if 49 U.S.C. 30166

(inspections, investigations, and

records) or a regulation thereunder has

been violated, the maximum penalty is

$5,000 per violation per day, and the

maximum penalty for a related series of

daily violations is $15,000,000.

In addition, the TREAD Act extends

from 8 to 10 years the period for which

a manufacturer must remedy without

charge a noncompliance or safetyrelated defect. This also requires

conforming amendments to the remedial

obligations of Registered Importers.

DATES: Effective date: November 1,

2000.

FOR FURTHER INFORMATION CONTACT:

Taylor Vinson, Office of Chief Counsel,

NHTSA, telephone (202) 366–5263,

facsimile (202) 366–3820, electronic

mail ‘‘TVinson@nhtsa.dot.gov’’, 400

Seventh Street, SW, Washington, DC

20590.

SUPPLEMENTARY INFORMATION: 49 CFR

Part 578 Civil Penalties is NHTSA’s

regulation setting forth the civil

penalties authorized by each of the

statutes that the agency enforces. It

reflects adjustments to penalties in

statutes that NHTSA administers,

pursuant to the Federal Civil Penalty

Monetary Penalty Inflation Adjustment

Act of 1990 (Pub. L. 101–410), as

amended by the Debt Collection

Improvement Act of 1996 (Pub. L. 104–

134). The principal motor vehicle safety

statute is 49 U.S.C. Chapter 301—Motor

Vehicle Safety. The civil penalties that

are have been adopted for each violation

of Chapter 301, or a regulation

promulgated under its authority, are a

minimum of $1,100 for each violation,

and a maximum of $925,000 for a

related series of violations (49 CFR

578.6(a)). Penalties for violations of

Chapter 301 are authorized by 49 U.S.C.

30165(a).

On November 1, 2000, the

Transportation Recall Enhancement,

Accountability, and Documentation

(TREAD) Act was signed into law (PL

106–414). Section 5(a) of the TREAD

Act amends Section 30165 to establish

a new Section 30165(a)(1), which

increases the maximum penalty to

$5,000 for each violation and the

maximum penalty to $15,000,000 for a

related series of violations. These

penalties are effective as of the date of

enactment of the amendment. We are

publishing a conforming amendment to

49 CFR 578.6(a) to reflect the statutory

increase in these penalties. This

amendment will redesignate Section

578.6(a) as 578.6(a)(1) in order to

accommodate the separate civil penalty

the TREAD Act establishes for

violations of Section 30166.

Heretofore, Section 30165(a) has

authorized the same penalties for

violations of Section 30166 relating to

investigations, inspections, and records,

as for violations of other sections of

Chapter 301. This has also been

reflected in 49 CFR 578.6(a). However,

Section 5(a)(2) of the TREAD Act

amends Section 30165(a) to add a new

section (a)(2), Section 30166. The new

section provides that any person who

violates Section 30166 or any regulation

issued thereunder is liable to the United

States Government for a civil penalty for

failing or refusing to allow or perform

an act required under that section or

regulation. The maximum penalty for

such violation has been set at $5,000 per

violation per day. The maximum

penalty for a related series of daily

violations is $15,000,000. We are

therefore amending Section 578.6(a) to

add a new section (a)(2) implementing

Section 5(a)(2) of the TREAD Act. These

penalties apply as of the date of

enactment to obligations existing under

Section 30166 that were unchanged by

the TREAD Act. They also apply to

violations of new Sections added by

TREAD. For example, this includes

Reporting of Defects in Motor Vehicles

and Products in Foreign Countries

under 30166(l). They will also apply to

violations of new rules to be published

under TREAD such as Early Warning

Reporting Requirements (30166(m)) Sale

or Lease of Defective or Noncompliant

Tire (30166(n)) upon promulgation of

those regulations.

Subsection (1) of section 4, Remedies

Without Charge, of the TREAD Act

amends 49 U.S.C. 30120(g)(1) by

increasing from 8 to 10 calendar years

the period for which the manufacturer

of a motor vehicle or an item of motor

vehicle equipment other than a tire

must provide a remedy without charge

of a noncompliance or safety-related

defect. This requires a corresponding

change in 49 CFR Part 592, Registered

Importers of Vehicles Not Originally

Manufactured to Conform to the Federal

Motor Vehicle Safety Standards. Sec.

592.6(g)(2)(i) relieves a Registered

Importer (RI) of the obligation to furnish

a remedy without charge of a

noncompliance or safety-related defect

in a vehicle if the vehicle’s first sale

occurred more than 8 calendar years

before the date of notification by the RI.

Remedy without charge is also not

required if notification is provided by

the original manufacturer and the date

of first purchase of the vehicle is more

than 8 years from the date of

notification. We are amending these

provisions to change 8 years to 10 years

in accordance with Sec. 4(1) of the

TREAD Act. The statutory amendment

also has the effect of requiring RIs to

ensure that the service insurance

policies provided with each vehicle

cover a 10-year period.

EFFECTIVE DATE: The amendments

restate statutory terms that in effect

modified certain regulations; the

amendments became effective on

November 1, 2000. Therefore, no prior

notice and opportunity to comment are

required. The penalties apply to

violations of 49 U.S.C. Chapter 301

occurring on and after the effective date

of the statutory amendment.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

We have considered 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 is limited to

the restatement of statutory terms that

increased civil penalties for violations

of 49 U.S.C. Chapter 301 and extended

the period of remedy without charge. It

has been determined to be not

‘‘significant’’ under the Department of

Transportation’s regulatory policies and

procedures.

Regulatory Flexibility Act

We have also considered the impacts

of this notice under the Regulatory

Flexibility Act. I certify that this rule

will have no significant economic

impact on a substantial number of small

entities. The following is my statement

providing the factual basis for the

certification (5 U.S.C. Sec. 605(b)). The

restatement of statutory terms primarily

affect manufacturers and Registered

Importers of motor vehicles.

Manufacturers of motor vehicles and

motor vehicle equipment, and

Registered Importers, are generally not

small businesses within the meaning of

the Regulatory Flexibility Act.

Further, small organizations and

governmental jurisdictions will not be

significantly affected as the price of

motor vehicles ought not to change as

the result of this rule. As explained

above, this action is limited to restating

statutory terms in our regulations.

Finally, this action will not affect our

civil penalty policy under the Small

Business Regulatory Enforcement

Fairness Act (62 FR 37115, July 10,

1997). We shall continue to consider the

appropriateness of the penalty to the

size of the business charged.

68110 Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1980 (P.L. 96–511), we

state that there are no requirements for

information collection associated with

this rulemaking action.

National Environmental Policy Act

We have also analyzed this

rulemaking action under the National

Environmental Policy Act and

determined that it has no significant

impact on the human environment.

Executive Order 13132 (Federalism)

Executive Order 13132 on

‘‘Federalism’’ requires us 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.’’ The E.O.

defines this phrase 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.’’ This

final rule, which increases permissible

civil penalties and the length of the

period for which remedy must be

provided without charge, will not have

substantial direct effect 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

E.O. 13132.

Civil Justice Reform

This rule does not have a retroactive

or preemptive 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.

Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act

of 1995 (P.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 rule will

not have a $100 million effect, no

Unfunded Mandates assessment will be

prepared.

List of Subjects in 49 CFR Parts 578 and

592

Imports, Motor vehicle safety, Motor

vehicles, Rubber and rubber products,

Tires, Penalties.

Accordingly, 49 CFR chapter V is

amended as follows:

PART 578—CIVIL PENALTIES

1. The authority citation for 49 CFR

part 578 is revised to read as follows:

Authority: Pub. L. 106–414, 114 Stat. 1800

(49 U.S.C. 30165); delegation of authority at

49 CFR 1.50.

2. Section 578.6 is amended by

revising paragraph (a) to read as follows:

§ 578.6 Civil penalties for violations of

specified provisions of Title 49 of the United

States Code.

(a)(1) Motor vehicle safety. A person

who violates any of sections 30112,

30115, 30117 through 30122, 30123(d),

30125(c), 30127, or 30141 through

30147 of Title 49 of the United States

Code or a regulation prescribed under

any of those sections is liable to the

United States Government for a civil

penalty of not more than $5,000 for each

violation. A separate violation occurs

for each motor vehicle or item of motor

vehicle equipment and for each failure

or refusal to allow or perform an act

required by any of those sections. The

maximum civil penalty under this

paragraph for a related series of

violations is $15,000,000.

(2) Section 30166. A person who

violates section 30166 of Title 49 of the

United States Code or a regulation

prescribed under that section is liable to

the United States Government for a civil

penalty for failing or refusing to allow

or perform an act required under that

section or regulation. The maximum

penalty under this paragraph is $5,000

per violation per day. The maximum

penalty under this paragraph for a

related series of daily violations is

$15,000,000.

* * * * *

PART 592—REGISTERED IMPORTERS

OF VEHICLES NOT ORIGINALLY

MANUFACTURED TO CONFORM TO

THE FEDERAL MOTOR VEHICLE

SAFETY STANDARDS

1. The authority citation for 49 CFR

part 592 is revised to to read as follows:

Authority: Pub. L. 106–414, 114 Stat. 1800

(49 U.S.C. 322(a), 49 U.S.C. 30141–47);

delegation of authority at 49 CFR 1.50.

§ 592.6 [Amended]

2. In 49 CFR 592.6(g)(2)(i), remove the

words ‘‘8 calendar years’’ and ‘‘8 years’’

and add, in their place, the words ‘‘10

calendar years.’’

Issued on: November 8, 2000.

Sue Bailey,

Administrator.

[FR Doc. 00–29033 Filed 11–13–00; 8:45 am]

BILLING CODE 4910–59–P