Federal Register/Vol. 82, No. 204/Tuesday, October 24, 2017
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49132 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations * * * * * will not institute a second comment U.S.-certified motor vehicle, 49 U.S.C. [FR Doc. 2017–22942 Filed 10–23–17; 8:45 am] period on this action. 30141(a)(1)(B) permits a nonconforming BILLING CODE 6560–50–P Dated: October 18, 2017. motor vehicle to be admitted into the E. Scott Pruitt, United States if its safety features comply with, or are capable of being Administrator. ENVIRONMENTAL PROTECTION altered to comply with, all applicable AGENCY ■ Accordingly, the amendments to the FMVSS based on destructive test data or rule published on July 27, 2017 (82 FR such other evidence as the Secretary of 40 CFR Part 63 34858), are withdrawn as of October 24, Transportation decides to be adequate. 2017. Under 49 U.S.C. 30141(a)(1), import [EPA–HQ–OAR–2010–1042; FRL–9970–08– OAR] [FR Doc. 2017–23054 Filed 10–23–17; 8:45 am] eligibility decisions may be made ‘‘on BILLING CODE 6560–50–P the initiative of the Secretary of RIN 2060–AT58 Transportation or on petition of a manufacturer or importer registered National Emission Standards for DEPARTMENT OF TRANSPORTATION under [49 U.S.C. 30141(c)].’’ The Hazardous Air Pollutants for Wool Secretary’s authority to make these Fiberglass Manufacturing; Flame National Highway Traffic Safety decisions has been delegated to NHTSA. Attenuation Lines Administration The agency publishes notices of eligibility decisions as they are made. AGENCY: Environmental Protection 49 CFR Part 593 Under 49 U.S.C. 30141(b)(2), a list of Agency (EPA). all vehicles for which import eligibility [Docket No. NHTSA–2017–0061] ACTION: Withdrawal of direct final rule. decisions have been made must be List of Nonconforming Vehicles published annually in the Federal SUMMARY: Because the Environmental Decided To Be Eligible for Importation Register. On October 1, 1996, NHTSA Protection Agency (EPA) received added the list as an appendix to 49 CFR adverse comment, we are withdrawing AGENCY: National Highway Traffic part 593, the regulations that establish the direct final rule for the National Safety Administration (NHTSA), procedures for import eligibility Emission Standards for Hazardous Air Department of Transportation (DOT). decisions (61 FR 51242). As described Pollutants for Wool Fiberglass ACTION: Final rule. in the notice, NHTSA took that action Manufacturing; Flame Attenuation to ensure that the list is more widely Lines, published on July 27, 2017. SUMMARY: This document revises the list disseminated to government personnel DATES: Effective October 24, 2017, the of vehicles not originally manufactured who oversee vehicle imports and to EPA withdraws the direct final rule to conform to the Federal Motor Vehicle interested members of the public. See 61 published at 82 FR 34858, on July 27, Safety Standards (FMVSS) that NHTSA FR 51242–43. In the notice, NHTSA 2017. has decided to be eligible for expressed its intention to annually FOR FURTHER INFORMATION CONTACT: For importation. This list is published in an revise the list as published in the questions about this action, contact Mr. appendix to the agency’s regulations appendix to include any additional Brian Storey, Sector Policies and that prescribe procedures for import vehicles decided by the agency to be Programs Division (D243–04), Office of eligibility decisions. The list has been eligible for importation since the list Air Quality Planning and Standards, revised to add all vehicles that NHTSA was last published. See 61 FR 51243. U.S. Environmental Protection Agency, has decided to be eligible for The agency stated that issuance of the Research Triangle Park, North Carolina importation since October 1, 2016, and document announcing these revisions 27711; telephone number: (919) 541– to remove all previously listed vehicles will fulfill the annual publication 1103; fax number: (919) 541–4991; and that are now more than 25 years old and requirements of 49 U.S.C. 30141(b)(2). email address: [email protected]. need no longer comply with all Ibid. applicable FMVSS to be lawfully SUPPLEMENTARY INFORMATION: On July imported. NHTSA is required by statute Regulatory Analyses and Notices 27, 2017, the EPA published a direct to publish this list annually in the final rule (82 FR 34858) and parallel A. Executive Order 12866, Regulatory Federal Register. proposal (82 FR 34910) to amend the Planning and Review National Emission Standards for DATES: Effective October 24, 2017. Executive Order 12866, ‘‘Regulatory Hazardous Air Pollutants for Wool FOR FURTHER INFORMATION CONTACT: Planning and Review’’ (58 FR 51735, Fiberglass Manufacturing to provide George Stevens, Office of Vehicle Safety October 4, 1993), provides for making affected sources a 1-year extension to Compliance, NHTSA, (202) 366–5308. determinations about whether a comply with the emission limits for SUPPLEMENTARY INFORMATION: Under 49 regulatory action is ‘‘significant’’ and flame attenuation lines. We stated in U.S.C. 30141(a)(1)(A), a motor vehicle therefore subject to Office of that direct final rule that if we received that was not originally manufactured to Management and Budget (OMB) review adverse comment by August 28, 2017, conform to all applicable FMVSS shall and to the requirements of the Executive the direct final rule would not take be refused admission into the United Order. The Executive Order defines a effect and we would publish a timely States unless NHTSA has decided that ‘‘significant regulatory action’’ as one withdrawal in the Federal Register. We the motor vehicle is substantially that is likely to result in a rule that may: subsequently received adverse comment similar to a motor vehicle originally (1) Have an annual effect on the on that direct final rule and are manufactured for sale in the United economy of $100 million or more or withdrawing it. We will address those States, certified under 49 U.S.C. 30115, adversely affects in a material way the comments in any subsequent final of the same model year as the model of economy, a sector of the economy, action, which will be based on the the motor vehicle to be compared, and productivity, competition, jobs, the parallel proposed rule also published on is capable of being readily altered to environment, public health or safety, or July 27, 2017. As stated in the direct conform to all applicable FMVSS. State, local, or Tribal governments or final rule and parallel proposed rule, we Where there is no substantially similar communities; VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1 pmangrum on DSK3GDR082PROD with RULES Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49133 (2) Create a serious inconsistency or regulations that have ‘‘substantial direct retroactive effect. We conclude that it otherwise interfere with an action taken effects on the States, on the relationship will not have such an effect. or planned by another agency; between the national government and H. Plain Language (3) Materially alter the budgetary the States, or on the distribution of impact of entitlements, grants, user fees, power and responsibilities among the Executive Order 12866 requires each or loan programs or the rights and various levels of government.’’ Under agency to write all rules in plain obligations of recipients thereof; or Executive Order 13132, NHTSA may not language. Application of the principles (4) Raise novel legal or policy issues issue a regulation that has federalism of plain language includes consideration arising out of legal mandates, the implications, that imposes substantial of the following questions: President’s priorities, or the principles direct compliance costs, and that is not —Have we organized the material to suit set forth in the Executive Order. This required by statute, unless the Federal the public’s needs? rule will not have any of these effects government provides the funds —Are the requirements in the rule and was not reviewed under Executive necessary to pay the direct compliance clearly stated? Order 12866. It is not significant within costs incurred by State and local —Does the rule contain technical the meaning of the DOT Regulatory governments, or NHTSA consults with language or jargon that is not clear? Policies and Procedures. The effect of State and local officials early in the —Would a different format (grouping this rule is not to impose new process of developing the regulation. and order of sections, use of headings, requirements. Instead it provides a This rule will have no direct effect on paragraphing) make the rule easier to summary compilation of decisions on the States, on the relationship between understand? —Would more (but shorter) sections be import eligibility that have already been the national government and the States, better? made and does not involve new or on the distribution of power and —Could we improve clarity by adding decisions. This rule will not impose any responsibilities among the various tables, lists, or diagrams? additional burden on any person. levels of government as specified in Accordingly, the agency believes that —What else could we do to make the Executive Order 13132. Thus, the rule easier to understand? the preparation of a regulatory requirements of section 6 of the If you wish to do so, please comment on evaluation is not warranted for this rule. Executive Order do not apply to this the extent to which this final rule rule. B. Environmental Impacts effectively uses plain language We have not conducted an evaluation E. The Unfunded Mandates Reform Act principles. of the impacts of this rule under the National Environmental Policy Act. The Unfunded Mandates Reform Act I. National Technology Transfer and This rule does not impose any change of 1995 (Pub. L.