56990 Federal Register/Vol. 79, No. 185/Wednesday, September 24
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56990 Federal Register / Vol. 79, No. 185 / Wednesday, September 24, 2014 / Rules and Regulations limited to) plastic, Kraft paper, or readily altered to conform to all environment, public health or safety, or cardboard. Designs must meet the applicable FMVSS. Where there is no State, local, or Tribal governments or requirements of 49 CFR 173.56(b) or substantially similar U.S.-certified communities; 173.64, the APA Standard 87–1 and motor vehicle, 49 U.S.C. 30141(a)(1)(B) (2) Create a serious inconsistency or must pass a thermal stability test as permits a nonconforming motor vehicle otherwise interfere with an action taken required by § 173.64(a)(2). to be admitted into the United States if or planned by another agency; (3) Materially alter the budgetary Issued in Washington, DC, under authority its safety features comply with, or are delegated in 49 CFR 1.97. capable of being altered to comply with, impact of entitlements, grants, user fees, or loan programs or the rights and William S. Schoonover, all applicable FMVSS based on obligations of recipients thereof; or Deputy Associate Administrator, Pipeline and destructive test data or such other evidence as the Secretary of (4) Raise novel legal or policy issues Hazardous Materials Safety Administration. arising out of legal mandates, the [FR Doc. 2014–22705 Filed 9–23–14; 8:45 am] Transportation decides to be adequate. Under 49 U.S.C. 30141(a)(1), import President’s priorities, or the principles BILLING CODE 4910–60–P eligibility decisions may be made ‘‘on set forth in the Executive Order. This the initiative of the Secretary of rule will not have any of these effects and was not reviewed under Executive DEPARTMENT OF TRANSPORTATION Transportation or on petition of a manufacturer or importer registered Order 12866. It is not significant within National Highway Traffic Safety under [49 U.S.C. 30141(c)].’’ The the meaning of the DOT Regulatory Administration Secretary’s authority to make these Policies and Procedures. The effect of decisions has been delegated to NHTSA. this rule is not to impose new 49 CFR Part 593 The agency publishes notices of requirements. Instead it provides a eligibility decisions as they are made. summary compilation of decisions on [Docket No. NHTSA–2014–0099] Under 49 U.S.C. 30141(b)(2), a list of import eligibility that have already been all vehicles for which import eligibility made and does not involve new List of Nonconforming Vehicles decisions. This rule will not impose any Decided To Be Eligible for Importation decisions have been made must be published annually in the Federal additional burden on any person. AGENCY: National Highway Traffic Register. On October 1, 1996, NHTSA Accordingly, the agency believes that Safety Administration (NHTSA), DOT. added the list as an appendix to 49 CFR the preparation of a regulatory ACTION: Final rule. Part 593, the regulations that establish evaluation is not warranted for this rule. procedures for import eligibility B. Environmental Impacts SUMMARY: This document revises the list decisions (61 FR 51242). As described of vehicles not originally manufactured in the notice, NHTSA took that action We have not conducted an evaluation to conform to the Federal Motor Vehicle to ensure that the list is more widely of the impacts of this rule under the Safety Standards (FMVSS) that NHTSA disseminated to government personnel National Environmental Policy Act. has decided to be eligible for who oversee vehicle imports and to This rule does not impose any change importation. This list is published in an interested members of the public. See 61 that would result in any impacts to the appendix to the agency’s regulations FR 51242–43. In the notice, NHTSA quality of the human environment. that prescribe procedures for import expressed its intention to annually Accordingly, no environmental eligibility decisions. The list has been revise the list as published in the assessment is required. revised to add all vehicles that NHTSA appendix to include any additional C. Regulatory Flexibility Act has decided to be eligible for vehicles decided by the agency to be Pursuant to the Regulatory Flexibility importation since October 1, 2013, and eligible for importation since the list Act, we have considered the impacts of to remove all previously listed vehicles was last published. See 61 FR 51243. this rule on small entities (5 U.S.C. Sec. that are now more than 25 years old and The agency stated that issuance of the 601 et seq.). I certify that this rule will need no longer comply with all document announcing these revisions not have a significant economic impact applicable FMVSS to be lawfully will fulfill the annual publication upon a substantial number of small imported. NHTSA is required by statute requirements of 49 U.S.C. 30141(b)(2). entities within the context of the to publish this list annually in the Ibid. Federal Register. Regulatory Flexibility Act. The DATES: The revised list of import eligible Regulatory Analyses and Notice following is our statement providing the factual basis for the certification (5 vehicles is effective on September 24, A. Executive Order 12866, Regulatory U.S.C. Sec. 605(b)). This rule will not 2014. Planning and Review have any significant economic impact FOR FURTHER INFORMATION CONTACT: Executive Order 12866, ‘‘Regulatory on a substantial number of small George Stevens, Office of Vehicle Safety Planning and Review’’ (58 FR 51735, businesses because the rule merely Compliance, NHTSA, (202) 366–5308. October 4, 1993), provides for making furnishes information by revising the SUPPLEMENTARY INFORMATION: Under 49 determinations about whether a list in the Code of Federal Regulations U.S.C. 30141(a)(1)(A), a motor vehicle regulatory action is ‘‘significant’’ and of vehicles for which import eligibility that was not originally manufactured to therefore subject to Office of decisions have previously been made. conform to all applicable FMVSS shall Management and Budget (OMB) review Accordingly, we have not prepared a be refused admission into the United and to the requirements of the Executive Final Regulatory Flexibility Analysis. States unless NHTSA has decided that Order. The Executive Order defines a the motor vehicle is substantially ‘‘significant regulatory action’’ as one D. Executive Order 13132, Federalism similar to a motor vehicle originally that is likely to result in a rule that may: Executive Order 13132 requires manufactured for importation into and (1) Have an annual effect on the NHTSA to develop an accountable sale in the United States, certified under economy of $100 million or more or process to ensure ‘‘meaningful and 49 U.S.C. 30115, and of the same model adversely affects in a material way the timely input by State and local officials year as the model of the motor vehicle economy, a sector of the economy, in the development of regulatory to be compared, and is capable of being productivity, competition, jobs, the policies that have federalism VerDate Sep<11>2014 17:30 Sep 23, 2014 Jkt 232001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\24SER1.SGM 24SER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 185 / Wednesday, September 24, 2014 / Rules and Regulations 56991 implications.’’ Executive Order 13132 retroactive effect. We conclude that it L. Notice and Comment defines the term ‘‘Policies that have will not have such an effect. NHTSA finds that prior notice and federalism implications’’ to include H. Plain Language opportunity for comment are regulations that have ‘‘substantial direct unnecessary under 5 U.S.C. 553(b)(3)(B) Executive Order 12866 requires each effects on the States, on the relationship because this action does not impose any agency to write all rules in plain between the national government and regulatory requirements. This rule language. Application of the principles the States, or on the distribution of merely revises the list of vehicles not of plain language includes consideration power and responsibilities among the originally manufactured to conform to of the following questions: various levels of government.’’ Under the FMVSS that NHTSA has decided to Executive Order 13132, NHTSA may not —Have we organized the material to suit be eligible for importation into the issue a regulation that has federalism the public’s needs? United States since the last list was implications, that imposes substantial —Are the requirements in the rule published in September, 2013. direct compliance costs, and that is not clearly stated? In addition, so that the list of vehicles —Does the rule contain technical required by statute, unless the Federal for which import eligibility decisions government provides the funds language or jargon that is not clear? —Would a different format (grouping have been made may be included in the necessary to pay the direct compliance next edition of 49 CFR Parts 572 to 999, costs incurred by State and local and order of sections, use of headings, paragraphing) make the rule easier to which is due for revision on October 1, governments, or NHTSA consults with 2014, good cause exists to dispense with State and local officials early in the understand? —Would more (but shorter) sections be the requirement in 5 U.S.C. 553(d) for process of developing the regulation. the effective date of the rule to be This rule will have no direct effect on better? delayed for at least 30 days following its the States, on the relationship between —Could we improve clarity by adding publication. the national government and the States, tables, lists, or diagrams? or on the distribution of power and —What else could we do to make the List of Subjects in 49 CFR Part 593 rule easier to understand? responsibilities among the various Imports, Motor vehicle safety, Motor If you wish to do so, please comment on levels of government as specified in vehicles.