[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Rules and Regulations]
[Pages 14228-14229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6518]



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DEPARTMENT OF TRANSPORTATION
49 CFR Part 583

[Docket No. 92-64; Notice 06]
RIN 2127-AF60


Motor Vehicle Content Labeling

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

ACTION: Final Rule; Partial Response to Petitions for Reconsideration.

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SUMMARY: The American Automobile Labeling Act requires passenger cars 
and other light vehicles to be labeled with information about their 
domestic and foreign parts content. This document provides a partial 
response to several petitions for reconsideration of the agency's July 
1994 final rule implementing that statute. NHTSA is extending by one 
year a temporary compliance alternative for how manufacturers and 
suppliers may make content calculations.

DATES: This regulation is effective April 17, 1995. Petitions for 
reconsideration must be received not later than April 17, 1995.

ADDRESSES: Petitions for reconsideration should be submitted to: 
Administrator, National Highway Traffic Safety Administration, 400 
Seventh Street SW, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr. Orron Kee, Office of Market 
Incentives, National Highway Safety [[Page 14229]] Administration, Room 
5313, 400 Seventh Street SW, Washington, DC 20590 (202-366-0846).

SUPPLEMENTARY INFORMATION: On July 21, 1994, NHTSA published in the 
Federal Register (59 FR 37294) a final rule implementing the American 
Automobile Labeling Act. That statute requires passenger cars and other 
light vehicles to be labeled with information about their domestic and 
foreign parts content.
    NHTSA received petitions for reconsideration from the American 
Automobile Manufacturers Association, General Motors, the Association 
of International Automobile Manufacturers, Volkswagen, the American 
International Automobile Dealers Association, and the Kentucky Cabinet 
for Economic Development. The petitioners raised a number of issues 
about provisions which they regard as overly burdensome and likely to 
have the effect of requiring manufacturers to report inaccurate 
percentages of domestic content. Some of the petitioners' requests 
raised very complex issues concerning the latitude the agency has under 
the law to grant the requested relief.
    NHTSA is now in the process of completing its response to the 
petitions. It recognizes, however, that manufacturers and suppliers 
have an immediate need for guidance regarding the procedures for making 
content determinations for the 1996 model year. Indeed, manufacturers 
are already in the process of collecting content data from suppliers 
for the 1996 model year.
    NHTSA has therefore decided to extend by one year a temporary 
alternative approach for data collection and calculations. This 
approach permits manufacturers and suppliers to use procedures that are 
expected to yield similar results. This alternative was originally 
available, under the July 1994 final rule, for model year 1995 and 
model year 1996 carlines which were first offered for sale to ultimate 
purchasers before June 1, 1995. The alternative is hereby extended to 
all model year 1996 carlines and model year 1997 carlines which are 
first offered for sale to ultimate purchasers before June 1, 1996. The 
one-year extension of the alternative will ensure that consumers 
receive the best information possible about the foreign and U.S./Canada 
origin of vehicles they are considering purchasing during this period, 
while minimizing burdens on auto manufacturers. For a more complete 
discussion of this alternative, see 59 FR 37324-25, July 21, 1994.
    This final rule is being issued in partial response to the 
petitions for reconsideration. The agency expects to complete its full 
response to the petitions shortly.

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impacts of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document was not reviewed 
under Executive Order 12866. The July 1994 final rule was determined to 
be ``significant'' under the Department's regulatory policies and 
procedures, given the degree of public interest and the relationship to 
other Federal programs and agencies, particularly those related to 
international trade. However, this final rule is not considered 
significant since it merely extends a temporary compliance option 
permitted under that final rule.
    NHTSA discussed the costs associated with the July 1994 rule in a 
Final Regulatory Evaluation which was placed in the docket for that 
rulemaking. Today's amendments reduce manufacturer and supplier costs 
during the time of the extension by simplifying the process for making 
content determinations.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act, the agency has 
considered the impact this rulemaking will have on small entities. I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities. Therefore, a regulatory 
flexibility analysis is not required for this action. Although certain 
small businesses, such as parts suppliers and some vehicle 
manufacturers, are affected by the regulation, the effect on them is 
minor. More specifically, the amendment provides small cost savings 
during the time of the extension by simplifying the process for making 
content determinations.

C. National Environmental Policy Act

    The agency has analyzed the environmental impacts of the regulation 
in accordance with the National Environmental Policy Act, 42 U.S.C. 
4321 et seq., and has concluded that it will not have a significant 
effect on the quality of the human environment.

D. Executive Order 12612 (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 rule does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment.

E. Paperwork Reduction Act

    There are no reporting and recordkeeping requirements associated 
with this final rule.

F. Executive Order 12778 (Civil Justice Reform)

    This rule does not have any retroactive effect. States are 
preempted from promulgating laws and regulations contrary to the 
provisions of the rule. The rule does not require submission of a 
petition for reconsideration or other administrative proceedings before 
parties may file suit in court.

List of Subjects in 49 CFR Part 583

    Motor vehicles, Imports, Labeling, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, 49 CFR part 583 is amended as 
follows:

PART 583--AUTOMOBILE PARTS CONTENT LABELING

    1. The authority citation for part 583 continues to read as 
follows:

    Authority: 49 U.S.C. 32304, 49 CFR 1.50, 501.2(f).

    2. Section 583.5 is amended by revising paragraph (i) to read as 
follows:


Sec. 583.5  Label requirements.

* * * * *
    (i) Manufacturers need not provide any of the information provided 
in this part for model year 1994 vehicles. For model year 1995 and 
model year 1996 carlines, and for model year 1997 carlines which are 
first offered for sale to ultimate purchasers before June 1, 1996, 
manufacturers and suppliers may, instead of following the calculation 
procedures set forth in this part, use procedures that they expect, in 
good faith, to yield similar results.

    Issued on March 13, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-6518 Filed 3-15-95; 8:45 am]
BILLING CODE 4910-59-P