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
14230 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 625

[Docket No. 950306067–5067–01; I.D.

021795D]

RIN 0648–AH96

Summer Flounder Fishery; CourtOrdered Regulation Change

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS announces a change in

the regulations implementing the

Fishery Management Plan for the

Summer Flounder Fishery (FMP). This

action is taken to comply with a

Consent Order issued by the U.S.

District Court for the Eastern District of

Virginia directing NMFS to revise

specified regulatory language.

EFFECTIVE DATE: March 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Hannah Goodale, 508–281–9101.

SUPPLEMENTARY INFORMATION:

Regulations implementing the Summer

Flounder Fishery Management Plan are

found at 50 CFR part 625. In a Consent

Order dated December 19, 1994, the

United States District Court for the

Eastern District of Virginia, ordered

NMFS to delete the lanaguage in

§ 625.4(a)(3) that requires Federal

permit holders, when faced with

differing state and Federal regulations,

to abide by the most restrictive

requirement. The new language allows

only state requirements that are

consistent with Federal management

measures to remain in effect.

Classification

This final rule has been determined to

be not significant for the purpose of E.O.

12866.

This final rule is exempt from the

procedures of the Regulatory Flexibility

Act because it is not required to be

issued with prior notice and

opportunity for public comment.

Because the language of this rule is

required by a judicial order, providing

prior notice and opportunity for public

comment would serve no useful

purpose and is therefore unnecessary.

Accordingly the Assistant Administrator

for Fisheries, NOAA finds good cause

under 5 U.S.C. 553(b)(B) to waive the

requirement to provide prior notice and

opportunity for public comment.

Likewise, providing a 30-day delay in

effective date would be inconsistent

with the intent of the judicial order and

could act to delay relieving restrictions

on the fishery.

List of Subjects in 50 CFR part 625

Fisheries, Reporting and

recordkeeping requirements.

Dated: March 10, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 625 is amended

as follows:

PART 625—SUMMER FLOUNDER

FISHERY

1. The authority citation for part 625

continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. Section 625.4 is amended by

revising paragraph (a)(3) to read as

follows:

§ 625.4 Vessel permits.

(a) * * *

(3) Condition. Vessel owners who

apply for a fishing vessel permit under

this section must agree as a condition of

the permit that the vessel’s fishing,

catch and pertinent gear (without regard

to whether such fishing occurs in the

EEZ or landward of the EEZ, and

without regard to where such fish or

gear are possessed, taken or landed) will

be subject to all requirements of this

part. State requirements consistent with

Federal management measures shall

remain in effect. Owners and operators

of vessels fishing under the terms of a

moratorium permit issued pursuant to

paragraph (b) of this section must also

agree, as a condition of the permit, not

to land summer flounder in any state

that the Regional Director has

determined no longer has commercial

quota available.

* * * * *

[FR Doc. 95–6450 Filed 3–15–95; 8:45 am]

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