82 FR 9368 - Federal Motor Vehicle Safety Standards; Minimum Sound Requirements for Hybrid and Electric Vehicles

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 23 (February 6, 2017)

Page Range		9368-9368
FR Document		2017-02428

This action temporarily delays for 36 days the effective date of the rule entitled ``Federal Motor Vehicle Safety Standards; Minimum Sound Requirements for Hybrid and Electric Vehicles,'' published in the Federal Register on December 14, 2016.

Federal Register, Volume 82 Issue 23 (Monday, February 6, 2017)

[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Rules and Regulations]
[Page 9368]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02428]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 585

[Docket No. NHTSA-2016-0125]
RIN 2127-AK93


Federal Motor Vehicle Safety Standards; Minimum Sound 
Requirements for Hybrid and Electric Vehicles

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Final rule; delay of effective date.

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SUMMARY: This action temporarily delays for 36 days the effective date 
of the rule entitled ``Federal Motor Vehicle Safety Standards; Minimum 
Sound Requirements for Hybrid and Electric Vehicles,'' published in the 
Federal Register on December 14, 2016.

DATES: The effective date of the final rule published at 81 FR 90416, 
December 14, 2016, is delayed until March 21, 2017.

FOR FURTHER INFORMATION CONTACT: For legal issues, contact Tom Healy, 
Office of Chief Counsel, at (202) 366-2992. For non-legal issues, 
contact Mike Pyne, Office of Vehicle Safety Compliance, at (202) 366-
4171.

SUPPLEMENTARY INFORMATION: In accordance with the memorandum of January 
20, 2017, from the Assistant to the President and Chief of Staff, 
entitled ``Regulatory Freeze Pending Review,'' \1\ this action 
temporarily delays for 36 days \2\ the effective date of the rule 
entitled ``Federal Motor Vehicle Safety Standards; Minimum Sound 
Requirements for Hybrid and Electric Vehicles,'' published in the 
Federal Register on December 14, 2016, at 81 FR 90416. That rule 
satisfied the mandate in the Pedestrian Safety Enhancement Act (PSEA) 
of 2010 by establishing a new Federal motor vehicle safety standards 
(FMVSS) setting minimum sound requirements for hybrid and electric 
vehicles. This new standard requires hybrid and electric passenger 
cars, light trucks and vans, and low speed vehicles to produce sounds 
meeting the requirements of this standard, and applies to electric 
vehicles and those hybrid vehicles that are capable of propulsion in 
any forward or reverse gear without the vehicle's internal combustion 
engine operating.
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    \1\ Available at https://www.whitehouse.gov/the-press-office/2017/01/20/memorandum-heads-executive-departments-and-agencies (last 
accessed Jan. 24, 2017).
    \2\ The delay is 36 days because a delay of 60 days from the 
date of the ``Freeze Memo'' is March 21, 2016. The original 
effective date for the final rule was February 13, 2017.
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    To the extent that 5 U.S.C. 553 is applicable, this action is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(3)(A). Alternatively, NHTSA's 
implementation of this action without opportunity for public comment, 
effective immediately upon publication today in the Federal Register, 
is justified based on the good cause exceptions in 5 U.S.C. 
553(b)(3)(B) and 553(d)(3). Seeking public comment is impracticable, 
unnecessary, and contrary to the public interest. The temporary 36-day 
delay in effective date is necessary to give Department officials the 
opportunity for further review and consideration of new regulations, 
consistent with the Assistant to the President's memorandum of January 
20, 2017. Given the imminence of the effective date, seeking prior 
public comment on this temporary delay would have been impractical, as 
well as contrary to the public interest in the orderly promulgation and 
implementation of regulations. The imminence of effective date is also 
good cause for making this action effective immediately upon 
publication.

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.95.

    Issued on: February 1, 2017.
Jack Danielson,
Acting Deputy Administrator.
[FR Doc. 2017-02428 Filed 2-3-17; 8:45 am]
 BILLING CODE 4910-59-P

9368 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations

applicant meets the income eligibility DEPARTMENT OF TRANSPORTATION 90416. That rule satisfied the mandate
requirement. in the Pedestrian Safety Enhancement
National Highway Traffic Safety Act (PSEA) of 2010 by establishing a
(i) Certified programs must re-verify
Administration new Federal motor vehicle safety
the income and disability eligibility of
an equipment recipient under certain standards (FMVSS) setting minimum
49 CFR Parts 571 and 585 sound requirements for hybrid and
circumstances.
[Docket No. NHTSA–2016–0125] electric vehicles. This new standard
(j) Certified programs must permit the requires hybrid and electric passenger
transfer of an equipment recipient’s RIN 2127–AK93 cars, light trucks and vans, and low
account when the recipient relocates to speed vehicles to produce sounds
another state. Federal Motor Vehicle Safety meeting the requirements of this
Standards; Minimum Sound standard, and applies to electric
(k) Certified programs must include Requirements for Hybrid and Electric
an attestation on consumer application vehicles and those hybrid vehicles that
Vehicles are capable of propulsion in any
forms.
AGENCY: National Highway Traffic forward or reverse gear without the
(l) Certified programs must conduct Safety Administration (NHTSA), vehicle’s internal combustion engine
annual audits and submit to Department of Transportation (DOT). operating.
Commission-directed audits. To the extent that 5 U.S.C. 553 is
ACTION: Final rule; delay of effective
(m) Certified programs must date. applicable, this action is exempt from
document compliance with NDBEDP notice and comment because it
requirements, provide such SUMMARY: This action temporarily constitutes a rule of procedure under 5
documentation to the Commission upon delays for 36 days the effective date of U.S.C. 553(b)(3)(A). Alternatively,
request, and retain such records for at the rule entitled ‘‘Federal Motor Vehicle NHTSA’s implementation of this action
least five years. Safety Standards; Minimum Sound without opportunity for public
Requirements for Hybrid and Electric comment, effective immediately upon
(n) Certified programs must submit Vehicles,’’ published in the Federal publication today in the Federal
reimbursement claims as instructed by Register on December 14, 2016. Register, is justified based on the good
the TRS Fund Administrator, and DATES: The effective date of the final cause exceptions in 5 U.S.C.
supplemental information and rule published at 81 FR 90416, 553(b)(3)(B) and 553(d)(3). Seeking
documentation as requested. In December 14, 2016, is delayed until public comment is impracticable,
addition, the entity selected to conduct March 21, 2017. unnecessary, and contrary to the public
national outreach will submit claims for FOR FURTHER INFORMATION CONTACT: For interest. The temporary 36-day delay in
reimbursement on a quarterly basis. legal issues, contact Tom Healy, Office effective date is necessary to give
(o) Certified programs must submit of Chief Counsel, at (202) 366–2992. For Department officials the opportunity for
reports every six months as instructed non-legal issues, contact Mike Pyne, further review and consideration of new
by the NDBEDP Administrator. In Office of Vehicle Safety Compliance, at regulations, consistent with the
addition, the entity selected to conduct (202) 366–4171. Assistant to the President’s
national outreach will submit an annual SUPPLEMENTARY INFORMATION: In memorandum of January 20, 2017.
report. accordance with the memorandum of Given the imminence of the effective
January 20, 2017, from the Assistant to date, seeking prior public comment on
(p) Informal and formal complaints this temporary delay would have been
the President and Chief of Staff, entitled
may be filed against NEDBEDP certified impractical, as well as contrary to the
‘‘Regulatory Freeze Pending Review,’’ 1
programs, and the Commission may this action temporarily delays for 36 public interest in the orderly
conduct such inquiries and hold such days 2 the effective date of the rule promulgation and implementation of
proceedings as it may deem necessary. entitled ‘‘Federal Motor Vehicle Safety regulations. The imminence of effective
(q) Certified programs must include Standards; Minimum Sound date is also good cause for making this
the NDBEDP whistleblower protections Requirements for Hybrid and Electric action effective immediately upon
in appropriate publications. Vehicles,’’ published in the Federal publication.
Federal Communications Commission.
Register on December 14, 2016, at 81 FR Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
Marlene H. Dortch, 1 Available at https://www.whitehouse.gov/the- 49 CFR 1.95.
Secretary. press-office/2017/01/20/memorandum-heads-
executive-departments-and-agencies (last accessed Issued on: February 1, 2017.
[FR Doc. 2017–02400 Filed 2–3–17; 8:45 am]
Jan. 24, 2017). Jack Danielson,
BILLING CODE 6712–01–P 2 The delay is 36 days because a delay of 60 days
Acting Deputy Administrator.
from the date of the ‘‘Freeze Memo’’ is March 21,
2016. The original effective date for the final rule [FR Doc. 2017–02428 Filed 2–3–17; 8:45 am]
was February 13, 2017. BILLING CODE 4910–59–P
sradovich on DSK3GMQ082PROD with RULES

VerDate Sep<11>2014 15:51 Feb 03, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4700 Sfmt 9990 E:\FR\FM\06FER1.SGM 06FER1

Document Created: 2017-02-04 00:25:20
Document Modified: 2017-02-04 00:25:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; delay of effective date.
Dates		The effective date of the final rule published at 81 FR 90416, December 14, 2016, is delayed until March 21, 2017.
Contact		For legal issues, contact Tom Healy, Office of Chief Counsel, at (202) 366-2992. For non-legal issues, contact Mike Pyne, Office of Vehicle Safety Compliance, at (202) 366- 4171.
FR Citation		82 FR 9368
RIN Number		2127-AK93
CFR Citation		49 CFR 571 49 CFR 585

82 FR 9368 - Federal Motor Vehicle Safety Standards; Minimum Sound Requirements for Hybrid and Electric Vehicles

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 23 (February 6, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration