14228 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations

PART 564—REPLACEABLE LIGHT

SOURCE INFORMATION

In consideration of the foregoing, 49

CFR part 564 is amended as follows:

1. The authority citation for part 564

is revised to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, 30166; delegation of authority at 49

CFR 1.50.

2. Part 564 is amended by revising

paragraphs 564.1, 564.2, 564.3, and

564.5 to read as follows:

§ 564.1 Scope.

This part requires the submission of

dimensional, electrical specification,

and marking/designation information,

as specified in Appendix A of this part,

for original equipment replaceable light

sources used in motor vehicle

headlighting systems.

§ 564.2 Purposes.

The purposes of this part are:

(a) to make available to replacement

light source manufacturers the

manufacturing specifications of original

equipment replaceable light sources,

thereby ensuring that replacement light

sources are interchangeable with

original equipment light sources and

provide equivalent performance; and

(b) to ensure that newly developed

replaceable light sources are designated

as distinct and different from, and are

noninterchangeable with, previously

existing light sources.

§ 564.3 Applicability.

This part applies to replaceable light

sources used as original equipment in

motor vehicle headlighting systems.

* * * * *

§ 564.5 Information filing; agency

processing of filings.

(a) Each manufacturer of a motor

vehicle, original equipment headlamp,

or original equipment headlamp

replaceable light source, which intends

to manufacture a replaceable light

source as original equipment or to

incorporate a replaceable light source in

its headlamps or motor vehicles, other

than a replaceable light source meeting

the requirements of subparagraphs (a)

through (e) of paragraph S7.7 of section

571.108 of this part, shall furnish the

information specified in Appendix A of

this part to: Associate Administrator for

Rulemaking, National Highway Traffic

Safety Administration, 400 Seventh

Street SW., Washington, D.C. 20590.

Attn: Replaceable Light Source

Information Docket No. 93–11 (unless

the agency has already filed such

information in Docket No. 93–11).

(b) The manufacturer shall submit the

information specified in Appendix A of

this part not later than 60 days before it

intends to begin the manufacture of the

replaceable light source to which the

information applies, or to incorporate

the light source into a headlamp or

motor vehicle of its manufacture. Each

submission shall consist of one original

set of information and 10 legible

reproduced copies, all on 81⁄2 by 11-inch

paper.

(c) The Associate Administrator

promptly reviews each submission and

informs the manufacturer not later than

30 days after its receipt whether the

submission has been accepted. Upon

acceptance, the Associate Administrator

files the information in Docket No. 93–

11. The Associate Administrator does

not accept any submission that does not

contain all the information specified in

Appendix A of this part, or whose

accompanying information indicates

that any new light source which is the

subject of a submission is

interchangeable with any replaceable

light source specified in paragraph S7.7

of section 571.108 of this part, or for

which the agency has previously filed

information in Docket No. 93–11.

(d) A manufacturer may request

modification of a light source for which

information has previously been filed in

Docket No. 93–11, and the submission

shall be processed in the manner

provided by paragraph 564.5(c). A

request for modification shall contain

the following:

(1) All the information specified in

Appendix A of this part that is relevant

to the modification requested,

(2) The reason for the requested

modification,

(3) A statement that use of the light

source as modified will not create a

noncompliance with any requirement of

Motor Vehicle Safety Standard No. 108

(49 CFR 571.108) when used to replace

an unmodified light source in a

headlamp certified by its manufacturer

as conforming to all applicable Federal

motor vehicle safety standards, together

with reasons in support of the

statement; and

(4) Information demonstrating that the

modification would not adversely affect

interchangeability with the original light

source.

After review of the request for

modification, the Associate

Administrator may seek further

information either from the

manufacturer or through a notice

published in the Federal Register

requesting comment on whether a

modified light source incorporating the

changes requested will create a

noncompliance with Motor Vehicle

Safety Standard No. 108 when

substituted for an unmodified light

source. If the Associate Administrator

seeks comment public comment on a

submission, (s)he shall publish a further

notice stating whether (s)he has

accepted or rejected the submission. If

a submission is accepted, the Associate

Administrator files the information in

Docket No. 93–11. If a submission is

rejected, a manufacturer may submit

information with respect to it, as

provided in paragraph 564.5(a), for

consideration as a new light source after

such changes as will ensure that it is not

interchangeable with the light source for

which modification was originally

requested.

(e) Information submitted under this

section is made available by NHTSA for

public inspection as soon as practicable

after its receipt, but not later than the

date on which a vehicle equipped with

a new or revised replaceable light

source is offered for sale.

Issued on: March 9, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–6378 Filed 3–15–95; 8:45 am]

BILLING CODE 4910–59–P

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.

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
Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations 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:

§ 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