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Federal Register / Vol. 64, No. 134 / Wednesday, July 14, 1999 / Rules and Regulations
manufacturing production per year is
approximately 15 to 15 and a half
million passenger cars and light trucks
per year. We do not believe small
businesses manufacture even 0.1
percent of total U.S. passenger car and
light truck production per year.
Further, small organizations and
governmental jurisdictions will not be
significantly affected as the price of
motor vehicles ought not to change as
the result of this rule. As explained
above, this action is limited to the
adoption of a statutory directive, and
has been determined to be not
‘‘significant’’ under the Department of
Transportation’s regulatory policies and
procedures.
Finally, this action will not affect our
civil penalty policy under the Small
Business Regulatory Enforcement
Fairness Act (62 FR 37115, July 10,
1997). We shall continue to consider the
appropriateness of the penalty to the
size of the business charged.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1980 (Public Law 96–
511), we state that there are no
requirements for information collection
associated with this rulemaking action.
National Environmental Policy Act
We have also analyzed this
rulemaking action under the National
Environmental Policy Act and
determined that it has no significant
impact on the human environment.
Executive Order 12612 (Federalism)
We have analyzed this rule in
accordance with the principles and
criteria contained in E.O. 12612, and
have determined that it has no
significant federalism implications to
warrant the preparation of a Federalism
Assessment.
Civil Justice Reform
This rule does not have a retroactive
or preemptive effect. Judicial review of
a rule may be obtained pursuant to 5
U.S.C. 702. That section does not
require that a petition for
reconsideration be filed prior to seeking
judicial review.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995 (Public Law 104–4) requires
agencies to prepare a written assessment
of the cost, 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 annually. Because this rule will
not have a $100 million effect, no
Unfunded Mandates assessment will be
prepared.
List of Subjects in 49 CFR Part 578
Imports, Motor vehicle safety, Motor
vehicles, Rubber and rubber products,
Penalties, Tires.
In consideration of the foregoing, 49
CFR part 578 is amended as follows:
PART 578—CIVIL PENALTIES
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 591
[Docket No. 99–NHTSA–5240; Notice 2]
RIN 2127–AH45
Importation of Vehicles and Equipment
Subject to Federal Safety, Bumper, and
Theft Prevention Standards
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Final rule.
AGENCY:
1. The authority citation for 49 CFR
part 578 is revised to read as follows:
Authority: 49 U.S.C. 30165, 30505, 32308,
32309, 32507, 32709, 32710, 32912, and
33115; Pub. L. 101–410, 104 Stat. 890; Pub.
L. 104–134, 110 Stat. 1372; delegation of
authority at 49 CFR 1.50.
2. Section 578.6 is amended by
revising the last sentence in paragraphs
(a) and (d) and revising paragraphs (c)(2)
and (f)(2) to read as follows:
§ 578.6 Civil penalties for violations of
specified provisions of Title 49 of the United
States Code.
(a) Motor vehicle safety. * * * The
maximum civil penalty under this
paragraph for a related series of
violations is $925,000.
*
*
*
*
*
(c) Bumper standards. * * *
(2) The maximum civil penalty under
this paragraph (c) for a related series of
violations is $925,000.
(d) Consumer information regarding
crashworthiness and damage
susceptibility. * * * The maximum
penalty under this paragraph for a
related series of violations is $450,000.
*
*
*
*
*
(f) Odometer tampering and
disclosure. * * *
(2) A person that violates 49 U.S.C.
Chapter 327 or a regulation prescribed
or order issued thereunder, with intent
to defraud, is liable for three times the
actual damages or $2,000, whichever is
greater.
*
*
*
*
*
Issued on: July 8, 1999.
Ricardo Martinez,
Administrator.
[FR Doc. 99–17807 Filed 7–13–99; 8:45 am]
BILLING CODE 4910–59–P
This document amends
NHTSA’s importation regulations to
implement a 1998 statutory amendment
that adds ‘‘show or display’’ to the
special limited purposes for which
vehicles or equipment items may be
imported without having to comply
with the Federal motor vehicle safety
standards (FMVSS). Under the
amendments, a person who wants to
import a vehicle or equipment item for
‘‘show or display’’ must persuade us
that the vehicle or equipment item is of
such historical or technological
significance that it is worthy of being
shown or displayed in this country even
though it would be difficult or
impossible to be brought into
compliance with the FMVSS. We intend
this provision to accommodate
primarily individuals wishing to import
an example of a make or model of a
vehicle which its manufacturer never
sold in the United States and which
therefore has no counterpart that was
certified to conform to the FMVSS.
We will allow limited use on the
public roads of vehicles imported for
‘‘show or display.’’ Before entry, an
importer must describe the intended onroad use of the vehicle and submit a
copy of an insurance contract
containing the condition that the
maximum annual mileage of the vehicle
shall not exceed 2,500 miles.
Pursuant to the 1998 statutory
amendment, we are also allowing
owners of vehicles already imported
into the United States under other
exemptions to apply to us for a change
in the terms and conditions under
which we permitted their vehicles to be
imported. The opportunity to apply for
such a change is statutorily limited to
the period of 6 months after the effective
date of the final rule.
DATES: Effective date: The final rule is
effective August 13, 1999
FOR FURTHER INFORMATION CONTACT:
Taylor Vinson, Office of Chief Counsel,
NHTSA (202–366–5263).
SUMMARY:
Federal Register / Vol. 64, No. 134 / Wednesday, July 14, 1999 / Rules and Regulations
We
discussed at some length the
background of this rulemaking action in
our notice of proposed rulemaking,
published on March 22, 1999 (64 FR
13757). Given the fact that we received
only one comment by the end of the 45day comment period, May 6, 1999, we
are not repeating this discussion, and
interested persons may read the earlier
document for background information.
That comment, from the Special Vehicle
Coalition, supported the proposed rule,
with a recommended change in the
mileage permissible for on-road use. We
discuss this at an appropriate place in
the notice. Except for the annual
mileage and verification statements, we
are adopting a final rule as we proposed
it.
SUPPLEMENTARY INFORMATION:
1. The 1998 Amendment to the Import
Regulations
Sec. 7107(a) of Pub. L. 105–178,
which was enacted on June 9, 1998,
amended 49 U.S.C. 30114 by adding
‘‘show, or display’’ to the special
purposes set forth in that section. As the
Conference Report on the
Transportation Equity Act for the 21st
Century explained:
Section 7107 reinstates NHTSA’s authority
to exempt certain motor vehicles imported
for the purpose of show or display from
certain applicable motor vehicle safety
standards. Such authority was
unintentionally deleted when title 49, United
States Code was recodified in 1988.
(H. Report 105–550, p. 523)
(We note that the deletion of ‘‘show’’
resulted from the 1988 amendments to
the importation authority, rather than
from the 1994 recodification, which
deleted ‘‘studies’’).
2. Amendments to 49 CFR Part 591
That Implement Congress’ Amendment
of Sec. 30114
A. Sec. 591.5, Declarations Required for
Importation
As amended, sec. 30114 now reads:
The Secretary of Transportation may
exempt a motor vehicle or item of motor
vehicle equipment from section 30112(a) of
this title on terms the Secretary decides are
necessary for research, investigations,
demonstrations, training, competitive racing
events, show or display.
Currently, 49 CFR 591.5(j)(1)
implements 49 U.S.C. 30114 by
specifying requirements for importation
of nonconforming vehicles or
equipment for purposes of research,
investigations, studies, demonstrations
or training, and competitive racing
events. In view of the intent of Congress
at the time of recodification to include
the word ‘‘studies’’ in the word
‘‘research,’’ as previously discussed, we
are revising Sec. 591.5(j)(1)(iii) to
substitute the term ‘‘show or display’’
for ‘‘studies.’’ We deem the term
‘‘studies’’ covered by the word
‘‘research’’ and subject to the same
terms and conditions imposed on
vehicles imported for purposes of
‘‘research.’’
B. Sec. 591.6, Documents
Accompanying Declarations
We recognize two types of importers
under sec. 591.5(j): one that has
received written permission from us to
import a vehicle under its provisions
(sec. 591.5(j)(2)(i)); and one that is an
original manufacturer of motor vehicles
(or its wholly-owned subsidiary) and
that certifies that its products comply
with the Federal motor vehicle safety
standards (sec. 591.5(j)(2)(ii)).
Sec. 591.6(f) specifies the procedure
for an importer who wishes to obtain
written permission from us to import a
vehicle or equipment item under sec.
591.5(j)(2)(i). Sec. 591.6(f)(1) requires all
such requests to contain information
sufficient to identify the vehicle or
equipment and the specific purpose of
importation, which must include a
discussion of the use to be made of the
vehicle or equipment. With respect to
any such vehicle to be imported for
research, investigations, demonstrations
or training (but not for studies), if use
on the public roads is to be an integral
part of the purpose of importation, the
statement must request permission for
use on the public roads, describing the
purpose that makes such use necessary
and stating the estimated period of time
during which use of the public roads is
necessary. The request must also state
the intended means of final disposition
(and disposition date) of the vehicle or
equipment after completion of the
purpose for which it is imported.
After review, we have decided that it
is appropriate to retain this requirement
in implementing the new statutory
provision but we will amend sec.
591.6(f)(1) to clarify that it pertains to
importations other than those for show
or display, which will now be covered
by sec. 591.6(f)(2).
Currently, if a sec. 591.5(j)(2)(i)
importer wishes to import a vehicle or
equipment for ‘‘studies,’’ the importer’s
written request:
shall explain why the vehicle or equipment
item is of historical or technological interest,
and describe the studies for which
importation is sought. The importer, if other
than the National Museum of History and
Technology, Smithsonian Institution, shall
also provide a copy of the Determination
Letter from the Internal Revenue Service
approving the importer’s status as a tax-
37879
exempt corporation or foundation under
section 501(c)(3) or section 509, respectively,
of the Internal Revenue Code. The time
between the date of the Letter and the date
of the importer’s written request to the
Administrator shall be not less than 5 years.
The importer shall also provide a statement
that it shall not sell, or transfer possession of,
or title to, the vehicle, or license it for use,
or operate it on the public roads, until the
vehicle is not less than 25 years old.
We have concluded that the statutory
amendment providing authority to
admit vehicles or equipment for show or
display, without any qualification on
the eligibility of the importer, means
that tax-exempt entities as well as
individual importers may import
vehicles for show or display. For this
reason, there is no further need to
maintain an exemption for studies.
Accordingly, we are amending the
regulation to delete the provisions
expressly relating to importations for
studies. As noted, importations for
‘‘studies’’ are essentially those of
importations for ‘‘research.’’
One of the terms and conditions of the
allowance of importation for ‘‘studies’’
was that the vehicle not be licensed for
use or operated on the public roads. We
have reviewed this restriction in view of
our new authority to allow importation
for ‘‘show or display,’’ and have
concluded that limited on-road use
should be allowed, pursuant to our
permission. We believe that the
historical and technological significance
of a vehicle may be maintained by its
limited use of the public roads on an
occasional basis in order to ensure that
its engine, braking, lighting, and other
dynamic systems remain in good
working order, in short, so that it may
be preserved. Another appropriate use
of such a vehicle on the public roads
would be to allow it to travel to and
from nearby displays of automobiles of
similar significance, so that its
significance could be appreciated by a
greater number of people than were it
restricted to off-road use. We proposed
that on-road use of these nonconforming
vehicles should be limited to a
maximum of 500 miles per year. For the
reasons discussed below, this proposed
restriction has been modified.
Consistent with the previous
exemption for ‘‘studies,’’ we have
decided that a person who wishes to
import a vehicle for show or display
ought to establish that the vehicle is one
of historical or technological interest.
This criterion has existed for many
years, beginning with the previous
‘‘show’’ exemption, and continuing with
the one for ‘‘studies.’’
Our most detailed discussion of the
criterion of historical and technical
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Federal Register / Vol. 64, No. 134 / Wednesday, July 14, 1999 / Rules and Regulations
interest was contained in a letter of July
12, 1983, to Richard London, and it is
worth repeating here. Mr. London asked
about the acceptability of importing a
Mercedes-Benz 280SL which would be
trailered to various auto meets, and
which would not be licensed for use or
used on the public roads. We advised
Mr. London that:
The agency considers several factors in
determining whether to accept a declaration
that a vehicle is imported solely for ‘‘show.’’
One of these is the nature of the vehicle
itself. If it is a unique machine generally
considered to be of technological or historical
significance, it is more likely to be admitted
under the exception than if it were a massproduced vehicle similar to many that were
manufactured to conform to the Federal
motor vehicle safety standards. The smaller
the production run, the greater the likelihood
that it will be considered to be unique.
Mechanical components that differ
substantially from those commonly in use at
the time of manufacturer are evidence of its
technological significance. Association with
historical personages that would create a
desire in the public to see the car is also
considered relevant in the agency’s
interpretation of the word ‘‘show.’’
Examples of vehicles that might
qualify under this exemption are high
technology vehicles such as the
McLaren F1, or certain types of Porsches
or Ferraris that were never, in the first
instance, sold in the United States. We
might consider a vehicle owned by the
Pope, the Queen of England, or some
other important figure to be a vehicle of
historical significance.
We went on to explain to Mr. London
that
In interpreting the word ‘‘show’’ and
thereby exercising its discretion whether to
allow importation of nonconforming motor
vehicles for this purpose, the agency must
balance the harm to the public likely to occur
through use of the vehicle on the public
roads, with the benefit to the public of
importation of nonconforming vehicle for
show purposes. * * * [t]he agency believes
it is less likely that a rare or unique vehicle,
part of a collection available to the public
will be sold for use on the public roads than
a vehicle such as the 1968–72 Mercedes
280SL that has been imported in numerous
quantities as a conforming motor vehicle.
This explanation clearly
demonstrated our view that
nonconforming analogues of certified
vehicles sold in the United States were
not very likely to be considered of
historical or technological significance.
In any event, use on the public roads
will not be a matter of right for vehicles
imported for ‘‘show or display,’’ but
subject to such terms and conditions as
may be established at the time of entry.
In some cases where there are safety
concerns, we may refuse to authorize
on-road use of a particular vehicle. In
order to ensure that any on-road use is
limited, the prospective importer, in his
or her request letter, must describe the
purposes for which on-road use is
deemed required.
We proposed that the request be
accompanied with an affirmation that
the vehicle will not be driven on the
public roads more than 500 miles in any
12-month period beginning as of the
date of its importation, and that the
affirmation be confirmed by the
importer’s submittal of an annual
notarized mileage statement for the
vehicle on the anniversary date of its
importation, for the first five years after
it is imported. We have been requested
by the one commenter on the proposal,
the Special Vehicle Coalition (the
‘‘Coalition’’), to increase the permissible
annual mileage to 2,500 miles.
Describing itself as ‘‘a group of vehicle
collectors who own limited-production
high-performance vehicles,’’ the
Coalition asserted that ‘‘restricting
mileage to 500 miles per year will
prohibit participation in many civic and
charitable events designed to benefit,
entertain, and inspire the American
public.’’ More persuasively, the
Coalition argued that an annual
odometer reading might not accurately
reflect actual on-road usage, since it
would include mileage attributable to
any use of the vehicle off the public
roads as well. It brings to our attention
that ‘‘a 2,500 mile allotment is
consistent with current practice for
these kind of vehicles, including normal
on-road usage of much older collector
vehicles that, because of their age, will
not meet Federal motor vehicle safety
standards.’’ This comment was
accompanied by a footnote saying that
‘‘Insurance policies for classic cars and
vehicles of special interest typically set
a maximum mileage allowance of 2,500
miles per year.’’
We have reconsidered our proposal in
light of the Coalition’s comments. In
proposing a 500-mile limitation, we had
not focused on the fact that other
vehicles not subject to the Federal motor
vehicle safety standards have been
permitted to use the public roads under
insurance policies that limit their
mileage allowance to 2,500 miles per
year. While the Coalition did not
discuss the kind of insurance policy that
would be obtained by importers for
show and display, we assume that all
vehicles imported for show and display
will, in fact, be insured, and that the
policy would not deviate materially
from those that cover classic and special
interest vehicles. Furthermore, the
mileage limitation imposed as a
condition of insurance appears to
remove the need for the importer to
submit an annual mileage statement to
us. However, we believe that we ought
to be able to inspect the vehicle if we
wish to verify that the accumulated
mileage of the vehicle is not more than
2,500 miles in any 12-month period.
Accordingly, our final rule requires the
prospective importer to submit with its
request the current mileage of the
vehicle and a copy of an insurance
contract covering the car, which
contains as a condition the restriction of
annual mileage to a maximum of 2,500
miles (this limitation refers to all
mileage, not merely on-road mileage). In
addition, the prospective importer must
state that (s)he will allow us to inspect
the vehicle upon our request. As
proposed, the prospective importer will
also have to state that the vehicle will
not be used on the public roads unless
it complies with the requirements of the
Environmental Protection Agency.
Moreover, as indicated above, we may
impose additional requirements or
limitations in particular instances when
we find such requirements are
appropriate.
We have substituted the conditions
for an insurance policy and its
maintenance until the vehicle is 25
years old for the notarized mileage
statement submitted for 5 years after
importation which we originally
proposed. Under 49 U.S.C. 30112(b)(9),
a noncomplying motor vehicle may be
imported with no Federal legal
requirement to conform it if it is at least
25 years old. Our new provision, thus,
serves to release the importer or owner
from the restrictions imposed on show
or display importations when the
vehicle reaches 25 years of age. We
retain the right to inspect it for mileage
verification until that point.
The current regulation also restricts
sale and transfer of possession of a
vehicle imported for ‘‘studies’’ until it is
25 years old. While this restriction
might not be burdensome to a museum,
the agency recognizes that there are
circumstances such as the death of an
importer where a sale or transfer of a
vehicle imported for ‘‘show or display’’
must occur before it is 25 years old. To
fully implement its new authority to
allow importation for ‘‘show or
display,’’ the agency is modifying this
restriction, and allow sale or transfer of
a vehicle imported for ‘‘show or
display’’ upon approval by the
Administrator.
Accordingly, we are revising sec.
591.6(f)(2) to require that a prospective
importer:
shall explain why the vehicle or equipment
item is of historical or technological interest.
The importer shall also provide a statement
that, until the vehicle is not less than 25
Federal Register / Vol. 64, No. 134 / Wednesday, July 14, 1999 / Rules and Regulations
years old, (s)he shall not sell, or transfer
possession of, or title to, the vehicle, and
shall not license it for use, or operate it on
the public roads, except under such terms
and conditions as the Administrator may
authorize. If the importer wishes to operate
the vehicle on the public roads, the request
to the Administrator shall include a
description of the purposes for which (s)he
wishes to use it on the public roads, a copy
of an insurance policy or a contract to
acquire an insurance policy, which contains
as a condition thereof that the vehicle will
not accumulate mileage of more than 2,500
miles in any 12-month period and a
statement that the importer shall maintain
such policy in effect until the vehicle is not
less than 25 years old, a statement that the
importer will allow the Administrator to
inspect the vehicle at any time after its
importation to verify that the accumulated
mileage of the vehicle is not more than 2,500
miles in any 12-month period, and a
statement that the vehicle will not be used
on the public roads unless it is in compliance
with the regulations of the Environmental
Protection Agency.
Failure to allow a mileage inspection or
to maintain a policy with an
accumulated mileage limitation or the
accumulation of more than 2,500 miles
in any 12-month period will be regarded
as a violation of the terms of entry.
C. Sec. 591.7, Restrictions on
Importations
Until now, all importations under sec.
591.5(j)(1) have been ‘‘for a temporary
period,’’ requiring a U.S. Customs
Service Temporary Importation Bond
(TIB). Under sec. 591.7(a), the TIB
requires that vehicles which it covers
shall not remain in the United States for
a period that exceeds 3 years from the
date of entry. However, under sec.
591.7(b), if the importer decides to
liquidate the bond, it may apply to us
for permission to keep the vehicle in the
country for an additional period of time
not to exceed 5 years from the date of
entry, unless further written permission
has been obtained from us. Such written
permission, after 5 years, can result in
an ‘‘importation for a temporary period’’
becoming a permanent one. This
regulatory scheme has caused
uncertainty as to whether we permit
permanent importations under sec.
591.5(j).
Because we do permit permanent
importations under sec. 591.5(j), we
believe that we should clarify this point
and simplify this process to allow a
permanent importation ab initio, if an
importer chooses to pay duty upon
entry of the vehicle, rather than treating
the entry as a ‘‘temporary’’ one,
requiring a TIB and subsequent letters of
permission. Amendments of this nature
will not affect the existing right under
sec. 591.5(j)(1) to import vehicles on a
temporary basis with a TIB for those
importers who wish to choose this
option.
Another restriction is imposed by sec.
591.7(c). If the importer has brought a
vehicle into the United States pursuant
to sec. 591.5(j)(2)(i), sec. 591.7(c)
requires the importer to retain title to
and possession of it, forbids its leasing,
and allows its use on the public roads
only if written permission has been
granted by the Administrator pursuant
to sec. 591.6(f)(1) (covering importations
for research, investigations,
demonstrations or training, but not
studies or competitive racing events).
The restriction of sec. 591.7(c)
implements the statement that an
importer is required to make as part of
the request letter. Given the fact that
limited on-road use is being permitted
for importations for ‘‘show or display,’’
we are amending sec. 591.7(c) to allow
limited on-road use of all vehicles
imported under sec. 591.5(j)(2)(i)
‘‘under such terms and conditions as the
Administrator may authorize in
writing.’’ We are also amending the first
sentence of sec. 591.7(c) to conform to
the statement that an importer gives
under sec. 591.6(f)(2), and imposing
affirmative obligations not to sell or
transfer the vehicle, or license it or
operate it on the public roads except
upon written approval by the
Administrator in place of the presently
existing absolute prohibition.
Sec. 591.7(d) specifically provides
that any violation of a term or condition
that we impose ‘‘in a letter authorizing
importation or on-road use under sec.
591.5(j) shall be considered a violation’’
of the Safety Act for which a civil
penalty may be imposed. We note that
this language could possibly be read as
suggesting that a civil penalty would be
the only consequence of a violation of
a condition imposed as part of an
exemption from sec. 30112(a).
Therefore, we are modifying sec.
591.7(d) to make it clear that such a
violation of a term or condition in an
exemption authorization will void the
authorization and require exportation of
the vehicle. In addition, the statutory
reference in sec. 591.7(d) to 15 U.S.C.
1397(a)(1)(A) is changed to 49 U.S.C.
30112(a) to reflect the recodification of
the Safety Act into Chapter 301.
Sec. 591.7(e) prohibits the
importation for ‘‘studies’’ by any person
not recognized as a tax-exempt entity by
the Internal Revenue Service for not less
than 5 years before the date of its
written request. Because we are
incorporating the ‘‘studies’’ exemption
into the exemption for ‘‘research’’ where
this restriction does not exist, this
section is moot. Sec. 591.7(e), therefore,
37881
is being removed. A new subsection (e)
will replace it, to implement the
statutory directive of section 7107(b) of
Pub. L. 105–178 discussed below.
3. Seeking Exemptions Under Sec.
30114 for Vehicles in the United States
at the Time the Amendment Was
Enacted
Section 7107(b) of Pub. L. 105–178
provides that:
(b) TRANSITION RULE—A person who is
the owner of a motor vehicle located in the
United States on the date of enactment of this
Act may seek an exemption under section
30114 of title 49, United States Code, as
amended by subsection (a) of this section, for
a period of 6 months after the date
regulations of the Secretary of Transportation
promulgated in response to such amendment
take effect.
We interpret sec. 7017(b) as
authorizing owners of vehicles imported
under sec. 591.5(j) before June 9, 1998,
to apply to the Administrator for a
change in the terms and conditions
under which the vehicle was admitted
so that engaging in an act contrary to
those original terms and conditions will
not be held to be a violation. If the
change requested is to reclassify the
vehicle as one imported for show or
display, we proposed that the request
also include a statement that the owner
will provide the annual mileage
statement required of de novo importers
for show or display by sec. 591.6(f)(2).
However, the final rule for change-ofstatus importers is modified to reflect
the changes we are adopting in sec.
591.6(f)(2) relating to an increase in
maximum mileage subject to insurance
limitations, and the right to inspect the
vehicle to verify its accumulated
mileage. Therefore, we are revising sec.
591.7(d) and (e) to read as follows:
(d) Any violation of a term or condition
imposed by the Administrator in a letter
authorizing importation or on-road use under
§ 591.5(j), or a change of status under
paragraph (e) of this section, including a
failure to allow inspection upon request to
verify that the accumulated mileage of the
vehicle is not more than 2,500 miles in any
12-month period, shall be considered a
violation of 49 U.S.C. 30112(a) for which a
civil penalty may be imposed. Such a
violation will also act to void the
authorization and require the exportation of
the vehicle. With respect to importations
under § 591.6(f)(2) or a change of status to an
importation for show or display as provided
under paragraph (e) of this section, if the
Administrator has reason to believe that a
violation has occurred, the Administrator
may tentatively conclude that a term of entry
has been violated but shall make no final
conclusion until the importer or owner has
been afforded an opportunity to present data,
views, and arguments as to why there is no
37882
Federal Register / Vol. 64, No. 134 / Wednesday, July 14, 1999 / Rules and Regulations
violation or why a penalty should not be
imposed.
(e) The owner of a vehicle located in the
United States on June 9, 1998, which the
owner had imported pursuant to § 591.5(j),
may apply to the Administrator on or before
February 14, 2000, for a change in any such
term or condition contained in the
Administrator’s letter. If the owner requests
a change to importation for show or display,
the request to the Administrator shall contain
the information and statements required
under § 591.6(f)(2) for a new importation for
show or display. All requests for change shall
be sent to the Director, Office of Vehicle
Safety Compliance (NSA–32), National
Highway Traffic Safety Administration,
Room 6111, 400 Seventh Street, SW,
Washington, DC 20590.
jurisdictions will be affected only to the
extent that they must decide whether
local laws permit the operation on local
public roads of motor vehicles imported
for show or display that do not conform
to all applicable Federal motor vehicle
safety standards, and this decision will
not have a significant economic impact.
4. Effective Date
D. National Environmental Policy Act
NHTSA has analyzed this action for
purposes of the National Environmental
Policy Act. The action will not have a
significant effect upon the environment
because it is anticipated that the annual
volume of motor vehicles imported will
not vary significantly from that existing
before the promulgation of this rule.
The final rule is effective 30 days after
its publication in the Federal Register.
5. Rulemaking Analyses and Notices
A. Executive Order 12866 (Federal
Regulation) and DOT Regulatory
Policies and Procedures
This rule has not been reviewed
under E.O. 12866. After considering the
impacts of this rulemaking action,
NHTSA has determined that the action
is not significant within the meaning of
the Department of Transportation
regulatory policies and procedures. The
only substantive change that this rule
makes is to add an additional
justification for importing motor
vehicles without the need to comply
with the Federal motor vehicle safety
standards, and to require their importers
to submit substantiating information
similar to that already required for
similar importations (see discussion
below on Paperwork Reduction Act).
The impacts are so minimal as not to
warrant the preparation of a full
regulatory evaluation.
B. Regulatory Flexibility Act
The agency has also considered the
effects of this action in relation to the
Regulatory Flexibility Act. For the
reasons discussed above under E.O.
12866 and the DOT Policies and
Procedures, I certify that this action
does not have a significant economic
impact upon ‘‘a substantial number of
small entities.’’ The addition of an
option to import a vehicle for ‘‘show or
display’’ without the need to conform it
relieves a previously existing restriction.
Because the agency has permitted
manufacturers of motor vehicles to
import vehicles for purposes similar to
‘‘show or display’’ in the past, NHTSA
believes that virtually all who wish to
import a vehicle for ‘‘show or display’’
will be individuals. Individuals are not
‘‘small entities.’’ Governmental
C. Executive Order 12612 (Federalism)
The agency has analyzed this action
in accordance with the principles and
criteria contained in Executive Order
12612 ‘‘Federalism’’ and determined
that the action does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
E. Civil Justice Reform
This final rule does not have any
retroactive effect.
F. Paperwork Reduction Act
The procedures in this rule to permit
importation of motor vehicles and
equipment not originally manufactured
for the U.S. market include information
collection requirements as that term is
defined by the Office of Management
and Budget (OMB) in 5 CFR Part 1320.
The original information collection
requirements of Part 591 were approved
by the OMB pursuant to the
requirements of the Paperwork
Reduction Act (44 U.S.C. Sec. 3501 et
seq.). NHTSA believes that the existing
clearance covers a final rule that is
based on implementing a statutory
amendment, and has not sought a new
or expanded clearance. This collection
of information has been assigned OMB
Control No. 2127–0002 (‘‘Motor Vehicle
Information’’).
G. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) requires
agencies to prepare a written assessment
of the cost, 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 annually. Because this final rule
will not have an effect of $100 million,
no Unfunded Mandates assessment has
been prepared.
List of Subjects in 49 CFR Part 591
Imports, Motor vehicle safety, Motor
vehicles, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49
CFR part 591 is amended as follows:
PART 591—IMPORTATION OF
VEHICLES AND EQUIPMENT SUBJECT
TO FEDERAL SAFETY, BUMPER AND
THEFT PREVENTION STANDARDS
1. The authority citation for part 591
is revised to read as follows:
Authority: 49 U.S.C. 322(a), 30114; Pub. L.
100–562, 102 Stat. 2824; Pub. L. 105–178,
112 Stat. 469; delegations of authority at 49
CFR 1.50 and 501.8.
2. Section 591.5 is amended by
revising paragraph (j)(1) to read as
follows:
§ 591.5 Declarations required for
importation.
*
*
*
*
*
(j)(1) The vehicle or equipment item
does not conform with all applicable
Federal motor vehicle safety and
bumper standards, but is being imported
solely for the purpose of:
(i) Research;
(ii) Investigations;
(iii) Show or display;
(iv) Demonstrations or training; or
(v) Competitive racing events;
*
*
*
*
*
3. Section 591.6(f)(1) and (f)(2) are
revised to read as follows:
§ 591.6 Documents accompanying
declarations.
*
*
*
*
*
(f) * * *
(1) A declaration made pursuant to
§ 591.5(j)(1)(i), (ii), (iv), or (v) and
(j)(2)(i) shall be accompanied by a letter
from the Administrator authorizing
importation pursuant to § 591.5(j)(1)(i),
(ii), (iv), or (v) and (j)(2)(i). Any person
seeking to import a motor vehicle or
motor vehicle equipment pursuant to
these sections shall submit, in advance
of such importation, a written request to
the Administrator containing a full and
complete statement identifying the
vehicle or equipment, its make, model,
model year or date of manufacture, VIN
if a motor vehicle, and the specific
purpose(s) of importation. The
discussion of purpose(s) shall include a
description of the use to be made of the
vehicle or equipment. If use on the
public roads is an integral part of the
purpose for which the vehicle or
equipment is imported, the statement
shall request permission for use on the
public roads, describing the purpose
which makes such use necessary, and
stating the estimated period of time
Federal Register / Vol. 64, No. 134 / Wednesday, July 14, 1999 / Rules and Regulations
during which use of the vehicle or
equipment on the public roads is
necessary. The request shall also state
the intended means of final disposition,
and disposition date, of the vehicle or
equipment after completion of the
purposes for which it is imported. The
request shall be addressed to Director,
Office of Vehicle Safety Compliance
(NSA–32), National Highway Traffic
Safety Administration, Room 6111, 400
Seventh Street, SW, Washington, DC
20590.
(2) A declaration made pursuant to
§ 591.5(j)(1)(iii) and (j)(2)(i) shall be
accompanied by a letter from the
Administrator authorizing importation
pursuant to § 591.5(j)(1)(iii) and (j)(2)(i).
Any person seeking to import a motor
vehicle or motor vehicle equipment
pursuant to those sections shall submit,
in advance of such importation, a
written request to the Administrator
containing a full and complete
statement identifying the equipment
item or the vehicle and its make, model,
model year or date of manufacture, VIN,
and mileage at the time the request is
made. The importer’s written request to
the Administrator shall explain why the
vehicle or equipment item is of
historical or technological interest. The
importer shall also provide a statement
that, until the vehicle is not less than 25
years old, (s)he shall not sell, or transfer
possession of, or title to, the vehicle,
and shall not license it for use, or
operate it on the public roads, except
under such terms and conditions as the
Administrator may authorize. If the
importer wishes to operate the vehicle
on the public roads, the request to the
Administrator shall include a
description of the purposes for which
(s)he wishes to use it on the public
roads, a copy of an insurance policy or
a contract to acquire an insurance
policy, which contains as a condition
thereof that the vehicle will not
accumulate mileage of more than 2,500
miles in any 12-month period and a
statement that the importer shall
maintain such policy in effect until the
vehicle is not less than 25 years old, a
statement that the importer will allow
the Administrator to inspect the vehicle
at any time after its importation to verify
that the accumulated mileage of the
vehicle is not more than 2,500 miles in
any 12-month period, and a statement
that the vehicle will not be used on the
public roads unless it is in compliance
with the regulations of the
Environmental Protection Agency.
*
*
*
*
*
4. Section 591.7 is amended by
revising the first sentence of paragraph
(c) and by revising paragraphs (d) and
(e) to read as follows:
§ 591.7 Restrictions on importations.
*
*
*
*
*
(c) An importer of a vehicle which has
entered the United States under a
declaration made pursuant to
§ 591.5(j)(2)(i) shall not sell, or transfer
possession of, or title to, the vehicle,
and shall not license it for use, or
operate it on the public roads, except
under such terms and conditions as the
Administrator may authorize in writing.
***
(d) Any violation of a term or
condition imposed by the Administrator
in a letter authorizing importation for
on-road use under § 591.5(j), or a change
of status under paragraph (e) of this
section, including a failure to allow
inspection upon request to verify that
the accumulated mileage of the vehicle
is not more than 2,500 miles in any 12month period, shall be considered a
violation of 49 U.S.C. 30112(a) for
which a civil penalty may be imposed.
Such a violation will also act to void the
authorization and require the
exportation of the vehicle. With respect
to importations under § 591.6(f)(2) or a
change of status to an importation for
show or display as provided under
paragraph (e) of this section, if the
Administrator has reason to believe that
a violation has occurred, the
Administrator may tentatively conclude
that a term of entry has been violated,
but shall make no final conclusion until
the importer or owner has been afforded
an opportunity to present data, views,
and arguments as to why there is no
violation or why a penalty should not be
imposed.
(e) The owner of a vehicle located in
the United States on June 9, 1998,
which the owner had imported pursuant
to § 591.5(j), may apply to the
Administrator on or before February 14,
2000 for a change in any such term or
condition contained in the
Administrator’s letter. If the owner
requests a change to importation for
show or display, the request to the
Administrator shall contain the
information and statements required
under § 591.6(f)(2) for a new
importation for show or display. All
requests for change shall be sent to the
Director, Office of Vehicle Safety
Compliance (NSA–32), National
Highway Traffic Safety Administration,
Room 6111, 400 Seventh Street, SW,
Washington, DC 20590.
37883
Issued on: July 8, 1999.
Kathleen C. DeMeter,
Acting Associate Administrator for Safety
Assurance.
[FR Doc. 99–17806 Filed 7–13–99; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[I.D. 052499C]
Atlantic Highly Migratory Species
(HMS) Fisheries; Large Coastal Shark
Species; Commercial Fishery Closure
Change
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Closure change.
AGENCY:
NMFS changes the closure of
the large coastal shark (LCS) commercial
fishery in the Atlantic Ocean, including
the Gulf of Mexico and Caribbean Sea.
On June 7, 1999, NMFS announced in
the Federal Register a closure date of
July 12, 1999, for non-ridgeback LCS
and a closure date of August 8, 1999, for
ridgeback LCS. In a court order by Judge
Stephen D. Merryday, the new
regulations governing catch quotas and
fish counting methods are enjoined
until further order of the court.
Therefore, based on 1997 and 1998
catch rates, NMFS has determined that
the second semiannual subquota for
LCS will be reached on or before July
28, 1999.
DATES: This postponement action is
effective July 9, 1999. The closure for
the commercial LCS fishery is changed
to 11:30 p.m., local time, July 28, 1999,
and will be in effect through December
31, 1999.
FOR FURTHER INFORMATION CONTACT:
Margo Schulze or Karyl Brewster-Geisz,
301–713–2347; fax 301–713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fishery is managed under
the Fishery Management Plan for
Atlantic Tunas, Swordfish, and Sharks
(HMS FMP), and its implementing
regulations found at 50 CFR part 635
issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
On June 30, 1999, the NMFS received
a Court Order from Judge Steven D.
Merryday relative to the May, 1997
lawsuit challenging commercial harvest
SUMMARY:
