[Federal Register Volume 66, Number 27 (Thursday, February 8, 2001)]
[Rules and Regulations]
[Page 9533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3213]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-98-4515; Notice 3]
RIN 2127-AF43


Federal Motor Vehicle Safety Standards; Electric-Powered 
Vehicles: Electrolyte Spillage and Electrical Shock Protection: Delay 
of Effective Date

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

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, at 66 FR 7702, this action temporarily delays for 60 
days the effective date of the rule entitled ``Federal Motor Vehicle 
Safety Standards; Electric-Powered Vehicles: Electrolyte Spillage and 
Electrical Shock Protection,'' published in the Federal Register on 
September 27, 2000, at 65 FR 57980. That rule established a new Federal 
motor vehicle safety standard (FMVSS) No. 305, ``Electric-powered 
vehicles: electrolyte spillage and electrical shock protection'' 
addressing safety issues exclusive to electric vehicles (EVs). Except 
as noted in the next sentence, the standard applies to all EVs that 
have a propulsion power source greater than 48 volts and a Gross 
Vehicle Weight Rating of 4536 kg (10,000 lbs) or less. The standard 
does not apply to EVs to which FMVSS No. 500, ``Low-Speed Vehicles,'' 
applies.

DATES: The effective date of the ``Federal Motor Vehicle Safety 
Standards; Electric-Powered Vehicles: Electrolyte Spillage and 
Electrical Shock Protection,'' published in the Federal Register on 
September 27, 2000, at 65 FR 57980, is delayed for 60 days, from 
October 1, 2001, to a new effective date of December 1, 2001.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, contact Charles 
Hott, Office of Safety Performance Standards, NHTSA (202-366-0427). For 
legal issues, contact Taylor Vinson, Office of Chief Counsel, NHTSA 
(202-366-5263).

SUPPLEMENTARY INFORMATION: To the extent that 5 U.S.C. section 553 
applies to this action, it is exempt from notice and comment because it 
constitutes a rule of procedure under 5 U.S.C. section 553(b)(A). 
Alternatively, NHTSA's implementation of this action without 
opportunity for public comment, effective immediately upon publication 
today in the Federal Register, is based on the good cause exceptions in 
5 U.S.C. section 553(b)(3)(B) and 553(d)(3). Seeking public comment is 
impracticable, unnecessary, and contrary to the public interest. The 
temporary 60-day delay in effective date is necessary to give 
Department officials the opportunity for further review and 
consideration of new regulations, consistent with the Assistant to the 
President's memorandum of January 20, 2001. Given the imminence of the 
effective date, seeking prior public comment on this temporary delay 
would have been impractical, as well as contrary to the public interest 
in the orderly promulgation and implementation of regulations. The 
imminence of the effective date is also good cause for making this 
action effective immediately upon publication.

    Authority: 49 U.S.C. 322, 30111, 30115, 30166; delegation of 
authority at 49 CFR 1.50 and 501.

    Issued on January 31, 2001.
L. Robert Shelton,
Executive Director.
[FR Doc. 01-3213 Filed 2-7-01; 8:45 am]
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