Table of Contents

    VI.  Rulemaking Analyses and Notices


    A.  Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, "Regulatory Planning and Review" (58 FR 51735, October 4, 1993), provides for making determinations whether a regulatory action is "significant" and therefore subject to OMB review and to the requirements of the Executive Order. The Order defines a "significant regulatory action" as one that is likely to result in a rule that may:

    (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities;

    (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

    (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

    (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

    NHTSA has considered the impact of this final rule under E.O. 12866 and the Department of Transportation's regulatory policies and procedures and has determined that it is not significant.

    NHTSA has prepared a Final Regulatory Evaluation (FRE) describing the economic and other effects of this final rule. [29] If only minor modifications are needed to comply with the upgraded rear impact test, the agency estimates that the average cost for vehicles that will need to be modified is $5.31 per vehicle. The agency estimates that 46 percent of the vehicle fleet does not currently meet the upgraded rear impact test and that approximately 16.7 million vehicles are sold each year in the U.S. Together, this information indicates that the total cost for the fleet will be approximately $41 million per year. To the extent that any vehicles need more than minor modifications, the total cost may be higher. However, none of the commenters provided data indicating that the cost of remedying noncompliant vehicles will be greater than the agency's estimates. Using the Standard No. 214 side impact test as the Standard No. 301 side impact test will eliminate the cost of conducting a unique Standard No. 301 test as well as the cost of an extra test vehicle. The total savings would be about $25,200 per vehicle model.


    B.  Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). The Small Business Administration's regulations at 13 CFR Part 121 define a small business, in part, as a business entity "which operates primarily within the United States." (13 CFR 121.105(a)). No regulatory flexibility analysis is required if the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities.

    NHTSA has considered the effects of this final rule under the Regulatory Flexibility Act. I certify that this final rule will not have a significant economic impact on a substantial number of small entities. The rationale for this certification is that the amendments made in this final rule primarily affect manufacturers of passenger cars and light trucks. These manufacturers typically do not qualify as small entities under 5 U.S.C. 605(b).

    NHTSA estimates that there are about four small manufacturers of passenger cars in the U.S., and no small manufacturers of light trucks, producing a combined total of at most 500 vehicles each year. It is unknown how many of their vehicle models will meet the amendments made in this final rule. The agency requested comments on this issue in the NPRM, but received none.

    As discussed above in the section on Compliance Responsibility of Second-Stage Manufacturers, there are a large number of second-stage and final-stage manufacturers. The agency believes that there will be no change to the certification responsibilities of second-stage and final-stage manufacturers as a result of this rulemaking.

    Consequently, the agency has concluded that this rulemaking will not have a significant economic impact on a substantial number of small entities.


    C.  National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the National Environmental Policy Act. The agency has determined that implementation of this rule will not have any significant impact on the quality of the human environment.


    D.  Executive Order 13132 (Federalism)

    Executive Order 13132 requires NHTSA to develop an accountable process to ensure "meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications." "Policies that have federalism implications" is defined in the Executive Order to include regulations that have "substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government." Under Executive Order 13132, the agency may not issue a regulation with Federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, the agency consults with State and local governments, or the agency consults with State and local officials early in the process of developing the regulation. NHTSA also may not issue a regulation with Federalism implications and that preempts State law unless the agency consults with State and local officials early in the process of developing the regulation.

    The agency has analyzed this final rule in accordance with the principles and criteria set forth in Executive Order 13132 and has determined that it will not have sufficient federalism implications to warrant consultation with State and local officials or the preparation of a federalism summary impact statement. The final rule will not have any substantial effects on the States, or on the current Federal-State relationship, or on the current distribution of power and responsibilities among the various local officials.


    E.  Civil Justice Reform

    This final rule will not have any retroactive effect. Under 49 U.S.C. 30103, whenever a Federal motor vehicle safety standard is in effect, a State may not adopt or maintain a safety standard applicable to the same aspect of performance which is not identical to the Federal standard, except to the extent that the state requirement imposes a higher level of performance and applies only to vehicles procured for the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial review of final rules establishing, amending, or revoking Federal motor vehicle safety standards. That section does not require submission of a petition for reconsideration or other administrative proceedings before parties may file suit in court.


    F.  Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of 1995, a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid OMB control number. For the phase-in reporting requirements, which were not proposed in the notice of proposed rulemaking, but are added in this Final Rule, NHTSA is submitting to OMB a request for approval of the following collection of information. Public comment is sought on the proposed collection.

    Agency:  National Highway Traffic Safety Administration (NHTSA).

    Title:  Phase-In Production Reporting Requirements for Fuel Systems Integrity Upgrade.

    Type of Request:  New collection.

    OMB Clearance Number:  None assigned.

    Form Number:  This collection of information will not use any standard forms.

    Requested Expiration Date of Approval:  Three years from the date of approval.

    Summary of the Collection of Information

    So that NHTSA can ensure that vehicle manufacturers are certifying their applicable vehicles as meeting the rear impact test upgrades that are specified in this final rule, in this proposed collection, NHTSA would require vehicle manufacturers to provide reports on compliance of their vehicles with the rear impact test upgrade.

    For the rear impact test upgrade, NHTSA established a six year schedule; a three year lead time, then a 3-year phase-in period during which, in the first year, 40% of the applicable vehicles must meet the rear impact test upgrade, and in the second and third years, 70% and 100% respectively.

    For each year of the rear impact test phase-in period, manufacturers must, within 60 days after the end of the "production year," provide to NHTSA information identifying the vehicles (by make, model, and vehicle identification number (VIN)) that have been certified as complying with the rear impact test upgrade. Furthermore, until December 31, 2009, each manufacturer must maintain records of the VIN for each vehicle for which information is reported.

    Description of the Need for the Information and Proposed Use of the Information

    NHTSA requires this information to ensure that vehicle manufacturers are certifying their applicable vehicles as meeting the new rear impact test upgrades that are specified in this final rule. NHTSA will use this information to determine whether a manufacturer has complied with the amended requirements of Standard No. 301 during the phase-in period.

    Description of the Likely Respondents (Including Estimated Number, and Proposed Frequency of Response to the Collection of Information)

    NHTSA estimates that 21 vehicle manufacturers will submit the required information. The manufacturers are makers of passenger cars, multipurpose passenger vehicles, trucks and buses that have gross vehicle weight ratings of 4,536 kg (10,000 pounds) or less, and use fuel with a boiling point above 0 degrees Celsius. For each report, the manufacturer will provide, in addition to its identity, several numerical items of information. This information would include:

    a) total number of vehicles manufactured for sale during the preceding production year,

    b) total number of vehicles manufactured during the production year that meet the new regulatory requirements, and

    c) information identifying the vehicles (by make, model, and vehicle identification number (VIN)) that have been certified as complying with the side impact test upgrade or the rear impact test upgrade.

    During the phase-in period, each manufacturer will provide 1 report per year for three years for the rear impact phase-in, for a total of 3 reports over 3 years.

    Estimate of the Total Annual Reporting and Recordkeeping Burden Resulting from the Collection of Information.

    NHTSA estimates that each manufacturer will incur two burden hours per year per report. This estimate is based on the fact that data collection will involve only computer tabulation and that manufacturers will provide the information to NHTSA in an electronic (as opposed to paper) format. Thus, for the rear impact test upgrade reporting, each manufacturer will incur a burden of two hours or a total on industry of 42 hours a year (assuming there are 21 manufacturers) to provide the rear impact test upgrades.

    NHTSA estimates that the recordkeeping burden resulting from the collection of information will be 0 hours because the information will be retained on each manufacturer's existing computer systems for each manufacturer's internal administrative purposes.

    NHTSA estimates that the total annual cost burden will be 1050 dollars (42 total annual burden hours x 25 dollars / hour). There would be no capital or start-up costs as a result of this collection. Manufacturers can collect and tabulate the information by using existing equipment. Thus, there would be no additional costs to respondents or recordkeepers.

    NHTSA requests comment on its estimates of the total annual hour and cost burdens resulting from this collection of information. Please submit any comments to the NHTSA Docket Number referenced in the heading of this notice or to: Dr. William J. J. Liu, Office of Crashworthiness Standards, National Highway Traffic Safety Administration, 400 Seventh St., S.W., Washington, D.C. 20590. Dr. Liu's telephone number is: (202) 366-2264. Comments are due by [insert date that is 60 days after the date of publication in the Federal Register].


    G.  National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104‑113, section 12(d) (15 U.S.C. 272) directs NHTSA to use voluntary consensus standards in its regulatory activities unless doing so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies, such as the Society of Automotive Engineers (SAE). The NTTAA directs NHTSA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable voluntary consensus standards.

    There are no voluntary consensus standards available at this time. However, NHTSA will consider any such standards when they become available.


    H.  Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires Federal agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of more than $100 million in any one year (adjusted for inflation with base year of 1995). Before promulgating a rule for which a written statement is needed, section 205 of the UMRA generally requires NHTSA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost‑effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows NHTSA to adopt an alternative other than the least costly, most cost‑effective, or least burdensome alternative if the agency publishes with the final rule an explanation why that alternative was not adopted.

    This final rule will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually. Consequently, no Unfunded Mandates assessment has been prepared.


    I.  Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda.


    J.  Privacy Act

    Anyone is able to search the electronic form of all submissions received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit https://www.regulations.gov.

    List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Reporting and recordkeeping requirements, Tires.

    In consideration of the foregoing, NHTSA is amending 49 CFR Part 571 as follows:

    PART 571 - FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 continues to read as follows:

      Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50.

    2. In Section 571.214, paragraphs S3(b), (c), (d), and (f) are revised to read as follows:

    571.214 Standard No. 214; Side impact protection.

    * * * * *

    S3 Requirements (a) * * *

    (b) When tested under the conditions of S6, each passenger car manufactured on or after September 1, 1996, shall meet the requirements of S5.1, S5.2, and S5.3 in a 53 1.0 km/h impact in which the car is struck on either side by a moving deformable barrier. 49 CFR Part 572, Subpart F test dummies are placed in front and rear outboard seating position on the struck side of the car. However, the rear seat requirements do not apply to passenger cars with a wheelbase greater than 3,300 mm, or to passenger cars that have rear seating areas that are so small that 49 CFR Part 572, Subpart F test dummies cannot be accommodated according to the positioning procedure specified in S7.

    (c) [Reserved].

    (d) [Reserved].

    (e) * * *

    (f) When tested according to the conditions of S6, each multipurpose passenger vehicle, truck, and bus manufactured on or after September 1, 1998, shall meet the requirements of S5.1, S5.2, and S5.3 in a 53 1.0 km/h impact in which the vehicle is struck on either side by a moving deformable barrier. A 49 CFR Part 572, Subpart F test dummy is placed in the front outboard seating position on the struck side of the vehicle, and if the vehicle is equipped with rear seats, then another 49 CFR Part 572, Subpart F test dummy is placed in the outboard seating position of the second seat on the struck side of the vehicle. However, the second seat requirements do not apply to side-facing seats or to vehicles that are so small that the 49 CFR Part 572, Subpart F test dummy cannot be accommodated according to the procedure specified in S7.

    * * * * *

    3. In Section 571.301, paragraphs S6.2, S6.3, S7.1.6(b), S7.2, and S7.3 are revised, paragraph S8 is added, and Figure 3 is added following Figure 2, to read as follows:

    571.301 Standard No. 301; Fuel system integrity.

    * * * * *

    S6.2 Rear moving barrier crash. (a) Vehicles manufactured before September 1, 2006. When the vehicle is impacted from the rear by the barrier specified in S7.3(a) of this standard moving at 48 km/h, with 50th percentile test dummies as specified in part 572 of this chapter at each front outboard designated seating position, under the applicable conditions of S7, fuel spillage must not exceed the limits of S5.5.

    (b) Vehicles manufactured on or after September 1, 2006. When the vehicle is impacted from the rear by a moving deformable barrier 80 1.0 km/h with a 70 percent overlap, with 50th percentile test dummies as specified in part 572 of this chapter at each front outboard designated seating position, under the applicable conditions of S7, fuel spillage must not exceed the limits of S5.5.

    S6.3 Side moving barrier crash. (a) Vehicles manufactured before September 1, 2004. When the vehicle is impacted laterally on either side by a barrier moving at 32 km/h with 50th percentile test dummies as specified in part 572 of this chapter at positions required for testing to Standard No. 208 (49 CFR 571.208), under the applicable conditions of S7, fuel spillage must not exceed the limits of S5.5.

    (b) Vehicles manufactured on or after September 1, 2004. When the vehicle is impacted laterally on either side by a moving deformable barrier at 53 1.0 km/h with 49 CFR Part 572, Subpart F test dummies at positions required for testing by S3(b) of Standard No. 214, under the applicable conditions of S7 of this standard, fuel spillage shall not exceed the limits of S5.5 of this standard.

    * * * * *

    S7.1.6 * * *

    (a) * * *

    (b) Except as specified in S7.1.1, a multipurpose passenger vehicle, truck, or bus with a GVWR of 4,536 kg or less is loaded to its unloaded vehicle weight, plus the necessary test dummies as specified in S6, plus 136 kg or its rated cargo and luggage capacity weight, whichever is less, secured in the load carrying area and distributed as nearly as possible in proportion to its GAWR. For the purpose of this standard, unloaded vehicle weight does not include the weight of work-performing accessories. Each dummy is restrained only by means that are installed in the vehicle for protection at its seating position.

    * * * * *

    S7.2 Side moving barrier test conditions.

    (a) Vehicles manufactured before September 1, 2004. The side moving barrier crash test conditions are those specified in S8.2 of Standard No. 208 (49 CFR 571.208).

    (b) Vehicles manufactured on or after September 1, 2004. The side moving deformable barrier crash test conditions are those specified in S6 and S7 of Standard No. 214 (49 CFR 571.214).

    S7.3 Rear moving barrier test conditions.

    (a) Vehicles manufactured before September 1, 2006. The rear moving barrier test conditions are those specified in S8.2 of Standard No. 208 (49 CFR 571.208), except for the positioning of the barrier and the vehicle. The barrier and test vehicle are positioned so that at impact

    (1) The vehicle is at rest in its normal attitude;

    (2) The barrier is traveling at 48 km/h with its face perpendicular to the longitudinal centerline of the vehicle; and

    (3) A vertical plane through the geometric center of the barrier impact surface and perpendicular to that surface coincides with the longitudinal centerline of the vehicle.

    (b) Vehicles manufactured on or after September 1, 2006. The rear moving deformable barrier is the same as that shown in Figure 2 of Standard No. 214 (49 CFR 571.214) and specified in 49 CFR Part 587, except as otherwise specified in paragraph S7.3 (b). The barrier and test vehicle are positioned so that at impact

    (1) The vehicle is stationary;

    (2) The deformable face of the barrier is mounted on the barrier 50 mm (2 inches) lower than the height from the ground specified in Figure 2 of Standard No. 214 (49 CFR 571.214) (All dimensions from the ground in Figure 2, Front View should be reduced by 50 mm (2 inches.));

    (3) The barrier is traveling 80 1.0 km/h; and

    (4) The barrier impacts the test vehicle with the longitudinal centerline of the vehicle parallel to the line of travel and perpendicular to the barrier face within a tolerance of 5 degrees. The test vehicle and barrier face are aligned so that the barrier strikes the rear of the vehicle with 70 percent overlap toward either side of the vehicle. So aligned, the barrier face fully engages one half of the rear of the vehicle and partially engages the other half. At impact, the vehicle's longitudinal centerline is located inboard either of the side edges of the barrier by a distance equal to 20 percent of the vehicle's width 50 mm (see Figure 3). The vehicle's width is the maximum dimension measured across the widest part of the vehicle, including bumpers and molding, but excluding such components as exterior mirrors, flexible mud flaps, marker lamps, and dual rear wheel configurations.

    * * * * *

    S8 Phase-In schedule.

    S8.1 Rear impact test upgrade.

    (a) Vehicles manufactured on or after September 1, 2006 and before September 1, 2007. For vehicles manufactured on or after September 1, 2006, and before September 1, 2007, the number of vehicles complying with S6.2(b) of this standard must not be less than 40 percent of:

    (1) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2003, and before September 1, 2006; or

    (2) The manufacturer's production on or after September 1, 2005, and before September 1, 2006.

    (b) Vehicles manufactured on or after September 1, 2007 and before September 1, 2008. For vehicles manufactured on or after September 1, 2007 and before September 1, 2008, the number of vehicles complying with S6.2(b) of this standard must not be less than 70 percent of:

    (1) The manufacturer's average annual production of vehicles manufactured on or after September 1, 2004, and before September 1, 2007; or

    (2) The manufacturer's production on or after September 1, 2006, and before September 1, 2007.

    (c) Vehicles manufactured on or after September 1, 2008. For vehicles manufactured on or after September 1, 2008, the number of vehicles complying with S6.2(b) of this standard must be 100 percent of the manufacturer's production during that period.

    S8.2 Vehicles manufactured in two or more stages. A final stage manufacturer or alterer may, at its option, comply with the requirements set forth in S8.2.1 and S8.2.2.

    S8.2.1 Vehicles manufactured on or after September 1, 2006 and before September 1, 2008 are not required to comply with the requirements specified in S6.2(b) of this standard.

    S8.2.2 Vehicles manufactured on or after September 1, 2008 shall comply with the requirements specified in S6.2(b) of this standard.

    S8.3 Vehicles produced by more than one manufacturer.

    S8.3.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S8.1, a vehicle produced by more than one manufacturer must be attributed to a single manufacturer as follows, subject to S8.3.2:

    (a) A vehicle that is imported must be attributed to the importer.

    (b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, must be attributed to the manufacturer that markets the vehicle.

    S8.3.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR Part 590, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S8.3.1.

    * * * * *

    [Insert Figure 3]

    4. Part 586 is revised to read as follows:

    PART 586 FUEL SYSTEM INTEGRITY UPGRADE PHASE-IN REPORTING REQUIREMENTS

    Sec.

    586.1   Scope.

    586.2   Purpose.

    586.3   Applicability.

    586.4   Definitions.

    586.5   Response to inquiries.

    586.6   Reporting requirements.

    586.7   Records.

    586.8   Petition to extend period to file report.

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50.

    586.1 Scope.

    This part establishes requirements for manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less to submit a report, and maintain records related to the report, concerning the number of such vehicles that meet the upgraded requirements of Standard No. 301, Fuel systems integrity (49 CFR 571.301).

    586.2 Purpose.

    The purpose of these requirements is to assist the National Highway Traffic Safety Administration in determining whether a manufacturer has complied with the upgraded requirements of Standard No. 301 (49 CFR 571.301).

    586.3 Applicability.

    This part applies to manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less.

    586.4 Definitions.

    (a) All terms defined in 49 U.S.C. 30102 are used in their statutory meaning.

    (b) Bus, gross vehicle weight rating, multipurpose passenger vehicle, passenger car, and trucks are used as defined in 49 CFR 571.3.

    (c) Production year means the 12-month period between September 1 of one year and August 31 of the following year, inclusive.

    586.5 Response to inquiries.

    At any time during the production years ending August 31, 2007, August 31, 2008, and August 31, 2009, each manufacturer must, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model, and vehicle identification number) that have been certified as complying with S6.2(b) of Standard No. 301 (49 CFR 571.301). The manufacturer's designation of a vehicle as a certified vehicle is irrevocable.

    586.6 Reporting requirements.

    (a) Phase-in reporting requirements. Within 60 days after the end of the production years ending August 31, 2007, August 31, 2008, and August 31, 2009, each manufacturer must submit a report to the National Highway Traffic Safety Administration concerning its compliance with S6.2(b) of Standard No. 301 (49 CFR 571.301) for its passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of less than 4,536 kilograms (10,000 pounds) produced in that year. Each report must

    (1) Identify the manufacturer;

    (2) State the full name, title, and address of the official responsible for preparing the report;

    (3) Identify the production year being reported on;

    (4) Contain a statement regarding whether or not the manufacturer complied with the requirements of S6.2(b) of Standard No. 301 (49 CFR 571.301) for the period covered by the report and the basis for that statement;

    (5) Provide the information specified in paragraph (b) of this section;

    (6) Be written in the English language; and

    (7) Be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.

    (b) Phase-in report content.

    (1) Basis for statement of compliance. Each manufacturer must provide the number of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less manufactured for sale in the United States for each of the three previous production years, or, at the manufacturer's option, for the previous production year. A new manufacturer that has not previously manufactured these vehicles for sale in the United States must report the number of such vehicles manufactured during the current production year.

    (2) Production. Each manufacturer must report for the production year for which the report is filed: the number of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less that meet S6.2(b) or S6.3(b) of Standard No. 301 (49 CFR 571.301).

    (3) Vehicles produced by more than one manufacturer. Each manufacturer whose reporting of information is affected by one or more of the express written contracts permitted by S8.3.2 of Standard No. 301 (49 CFR 571.301) must:

    (i) Report the existence of each contract, including the names of all parties to the contract, and explain how the contract affects the report being submitted.

    (ii) Report the actual number of vehicles covered by each contract.

    586.7 Records.

    Each manufacturer must maintain records of the Vehicle Identification Number for each vehicle for which information is reported under 586.6(b)(2) until December 31, 2010.

    586.8 Petition to extend period to file report.

    A manufacturer may petition for extension of time to submit a report under this Part. A petition will be granted only if the petitioner shows good cause for the extension and if the extension is consistent with the public interest. The petition must be received not later than 15 days before expiration of the time stated in 586.6(a). The filing of a petition does not automatically extend the time for filing a report. The petition must be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.

     

    Issued:

     

    ______________________
    Jeffrey W. Runge, M.D.
    Administrator

     

    Billing Code: 4910-59-P
    [Signature page for RIN 2127-AF36]
    [Final Rule for Standard No. 301 Upgrade]



    [29] A copy of the FRE has been placed in the docket.

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