Federal Register/Vol. 77, No. 190/Monday, October 1, 2012/Rules and Regulations
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 59829 Appendix G to Subchapter B of Chapter States unless NHTSA has decided that Order. The Executive Order defines a III [Amended] the motor vehicle is substantially ‘‘significant regulatory action’’ as one similar to a motor vehicle originally that is likely to result in a rule that may: ■ 81. Amend section 1.a(5) of Appendix manufactured for importation into and (1) Have an annual effect on the G, Subchapter B of Chapter III by adding sale in the United States, certified under economy of $100 million or more or a paragraph to the end of paragraph a. 49 U.S.C. 30115, and of the same model adversely affects in a material way the Service brakes and before paragraph b. year as the model of the motor vehicle economy, a sector of the economy, Parking Brake System to read as follows: to be compared, and is capable of being productivity, competition, jobs, the Appendix G to Subchapter B of Chapter readily altered to conform to all environment, public health or safety, or III—Minimum Periodic Inspection applicable FMVSS. Where there is no State, local, or Tribal governments or Standards substantially similar U.S.-certified communities; motor vehicle, 49 U.S.C. 30141(a)(1)(B) (2) Create a serious inconsistency or * * * * * otherwise interfere with an action taken Wedge Brake Data—Movement of the permits a nonconforming motor vehicle to be admitted into the United States if or planned by another agency; scribe mark on the lining shall not exceed 1/ (3) Materially alter the budgetary 16 inch. its safety features comply with, or are impact of entitlements, grants, user fees, * * * * * capable of being altered to comply with, all applicable FMVSS based on or loan programs or the rights and Issued on: September 10, 2012. destructive test data or such other obligations of recipients thereof; or Anne S. Ferro, evidence as the Secretary of (4) Raise novel legal or policy issues Administrator. Transportation decides to be adequate. arising out of legal mandates, the [FR Doc. 2012–23758 Filed 9–28–12; 8:45 am] Under 49 U.S.C. 30141(a)(1), import President’s priorities, or the principles set forth in the Executive Order. This BILLING CODE 4910–EX–P eligibility decisions may be made ‘‘on the initiative of the Secretary of rule will not have any of these effects Transportation or on petition of a and was not reviewed under Executive DEPARTMENT OF TRANSPORTATION manufacturer or importer registered Order 12866. It is not significant within under [49 U.S.C. 30141(c)].’’ The the meaning of the DOT Regulatory National Highway Traffic Safety Secretary’s authority to make these Policies and Procedures. The effect of Administration decisions has been delegated to NHTSA. this rule is not to impose new The agency publishes notices of requirements. Instead it provides a 49 CFR Part 593 eligibility decisions as they are made. summary compilation of decisions on import eligibility that have already been [Docket No. NHTSA–2012–0120] Under 49 U.S.C. 30141(b)(2), a list of all vehicles for which import eligibility made and does not involve new List of Nonconforming Vehicles decisions have been made must be decisions. This rule will not impose any Decided To Be Eligible for Importation published annually in the Federal additional burden on any person. Register. On October 1, 1996, NHTSA Accordingly, the agency believes that AGENCY: National Highway Traffic added the list as an appendix to 49 CFR the preparation of a regulatory Safety Administration (NHTSA), DOT. part 593, the regulations that establish evaluation is not warranted for this rule. ACTION: Final rule. procedures for import eligibility B. Environmental Impacts decisions (61 FR 51242). As described SUMMARY: This document revises the list in the notice, NHTSA took that action We have not conducted an evaluation of vehicles not originally manufactured to ensure that the list is more widely of the impacts of this rule under the to conform to the Federal Motor Vehicle disseminated to government personnel National Environmental Policy Act. Safety Standards (FMVSS) that NHTSA who oversee vehicle imports and to This rule does not impose any change has decided to be eligible for interested members of the public. See 61 that would result in any impacts to the importation. This list is published in an FR 51242–43. In the notice, NHTSA quality of the human environment. appendix to the agency’s regulations expressed its intention to annually Accordingly, no environmental that prescribe procedures for import revise the list as published in the assessment is required. eligibility decisions. The list has been appendix to include any additional C. Regulatory Flexibility Act revised to add all vehicles that NHTSA vehicles decided by the agency to be Pursuant to the Regulatory Flexibility has decided to be eligible for eligible for importation since the list importation since October 1, 2010, and Act, we have considered the impacts of was last published. See 61 FR 51243. this rule on small entities (5 U.S.C. 601 to remove all previously listed vehicles The agency stated that issuance of the that are now more than 25 years old and et seq.). I certify that this rule will not document announcing these revisions have a significant economic impact need no longer comply with all will fulfill the annual publication applicable FMVSS to be lawfully upon a substantial number of small requirements of 49 U.S.C. 30141(b)(2). entities within the context of the imported. NHTSA is required by statute Ibid. to publish this list annually in the Regulatory Flexibility Act. Federal Register. Regulatory Analyses and Notices The following is our statement providing the factual basis for the DATES: This rule is effective on October A. Executive Order 12866, Regulatory certification (5 U.S.C. 605(b)). This rule 1, 2012. Planning and Review will not have any significant economic FOR FURTHER INFORMATION CONTACT: Executive Order 12866, ‘‘Regulatory impact 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. VerDate Mar<15>2010 16:08 Sep 28, 2012 Jkt 226001 PO 00000 Frm 00121 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1 mstockstill on DSK4VPTVN1PROD with RULES 59830 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations D. Executive Order 13132, Federalism of information associated with the K. Executive Order 13045, Economically Executive Order 13132 requires vehicle importation program in OMB Significant Rules Disproportionately NHTSA to develop an accountable Clearance No. 2127–0002. Affecting Children process to ensure ‘‘meaningful and G. Civil Justice Reform This rule is not subject to Executive timely input by State and local officials Order 13045 because it is not in the development of regulatory Pursuant to Executive Order 12988, ‘‘economically significant’’ as defined policies that have federalism ‘‘Civil Justice Reform,’’ we have under Executive Order 12866, and does implications.’’ Executive Order 13132 considered whether this rule has any not concern an environmental, health, defines the term ‘‘Policies that have retroactive effect. We conclude that it or safety risk that NHTSA has reason to federalism implications’’ to include will not have such an effect. believe may have a disproportionate regulations that have ‘‘substantial direct H. Plain Language effect on children. effects on the States, on the relationship L. Notice and Comment between the national government and Executive Order 12866 requires each the States, or on the distribution of agency to write all rules in plain NHTSA finds that prior notice and power and responsibilities among the language. Application of the principles opportunity for comment are various levels of government.’’ Under of plain language includes consideration unnecessary under 5 U.S.C. 553(b)(3)(B) Executive Order 13132, NHTSA may not of the following questions: because this action does not impose any issue a regulation that has federalism regulatory requirements. This rule —Have we organized the material to suit merely revises the list of vehicles not implications, that imposes substantial the public’s needs? direct compliance costs, and that is not originally manufactured to conform to required by statute, unless the Federal —Are the requirements in the rule the FMVSS that NHTSA has decided to government provides the funds clearly stated? be eligible for importation into the necessary to pay the direct compliance —Does the rule contain technical United States since the last list was costs incurred by State and local language or jargon that is not clear? published in September, 2010. In addition, so that the list of vehicles governments, or NHTSA consults with —Would a different format (grouping for which import eligibility decisions State and local officials early in the and order of sections, use of headings, have been made may be included in the process of developing the regulation. paragraphing) make the rule easier to next edition of 49 CFR parts 572 to 599, This rule will have no direct effect on understand? the States, on the relationship between which is due for revision on October 1, —Would more (but shorter) sections be 2011, good cause exists to dispense with the national government and the States, better? or on the distribution of power and the requirement in 5 U.S.C.