In a message dated 10/29/2002 6:50:51 AM Eastern Standard Time,
<[EMAIL PROTECTED]> writes:
>So the original story was wrong:
>[begin quote]
>>Before Canadian vehicles can be sold in the United States, their
>>speedometers and odometers must be converted from kilometers to
>>miles.
>[end quote]
>
>It should have read,
>Before Canadian vehicles can be sold in the United States,
>their speedometers must display MPH.
>
>
>There is no requirement to remove km/h and no requirement to change the
>odometer from kilometres to miles.
>
>
>How does Code Title 15 fit with this?
>
>United States Code Title 15
>Chapter 6. Sec. 204.
>Metric system authorized. It shall be lawful throughout the United
>States of America to employ the weights and measures of the metric
>system; and no contract or dealing, or pleading in any court, shall be
>deemed invalid or liable to objection because the weights or measures
>expressed or referred to therein are weights or measures of the metric
>system
>
Frankly, I'd like to know the answer to that myself. See the following (long):
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-00-7144]
RIN 2127-AG55
Federal Motor Vehicle Safety Standards; FMVSS 101--Technical
Correction--Speedometer Display
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This technical amendment corrects an error in Table 2 of
Federal Motor Vehicle Safety Standard 101 as a result of a final rule
published September 24, 1998. In that notice the agency adopted
language for the speedometer display as ``MPH and/or km/h''. The effect
of this language is to allow speedometers labeled in miles per hour
(MPH) alone, kilometers per hour (km/h) alone, or both miles and
kilometers per hour. The intent was to require speedometer display in
miles per hour, and to allow the addition of kilometers per hour at the
option of the manufacturer. This amendment changes the language of
Table 2 to ``MPH, or MPH and km/h''.
DATES: This final rule is effective February 15, 2001. Optional early
compliance with the change made in this final rule is permitted
beginning May 15, 2000.
ADDRESSES: Petitions for reconsideration of this final rule should
refer to the docket number cited in the heading of this final rule and
be submitted to: Administrator, National Highway Traffic Safety
Administration, 400 Seventh St, SW, Washington, DC 20590. It is
requested, but not required, that ten copies be submitted.
FOR FURTHER INFORMATION CONTACT: Gayle Dalrymple, NPS-23, Office of
Safety Performance Standards, National Highway Traffic Safety
Administration, 400 Seventh Street, SW, Washington, DC 20590. Ms.
Dalrymple can be
[[Page 30916]]
reached by phone at (202) 366-5559 or by facsimile at (202) 366-4329.
SUPPLEMENTARY INFORMATION: On May 27, 1998, NHTSA published a final
rule amending selected Federal Motor Vehicle Safety Standards (FMVSS)
by converting English measurements specified in those standards to
metric measurements. On September 24, 1998, the agency published a
technical amendment and response to petition for reconsideration
stemming from the May notice. In the September notice, the agency
responded to a comment from Ford Motor Company stating that, in Ford's
view, the label ``MPH km/h'' in Column 3 of Table 2 under
``Speedometer'' in FMVSS 101 required both English and metric units to
be displayed on the speedometer. The intent of the standard is to
require speedometer display in miles per hour (MPH), and to allow the
addition of kilometers per hour (km/h) to MPH at the option of the
manufacturer. Ford recommended that ``MPH km/h'' be changed to ``MPH
and/or km/h''. The agency adopted this text for the Speedometer display
in Table 2 of FMVSS 101 with the September 24, 1998, notice. We have
become aware that the new language, ``MPH and/or km/h'', could be
interpreted to mean that speedometers labeled in kilometers per hour
alone are acceptable. It was obviously not our intent to allow
speedometers graduated in km/h only, which would be useless for drivers
in the U.S., where speed limits are communicated in MPH alone. We do
not believe that Ford intended such an outcome either. Therefore,
today's technical amendment changes the language of the Speedometer
display required by FMVSS 101 to ``MPH, or MPH and km/h''. This
provision is consistent with the requirements of FMVSS 101 which were
in effect from 1982 to 1998.
Regulatory Impacts
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has examined the impact of this rulemaking action under E.O.
12866 and the Department of Transportation's regulatory policies and
procedures. This rulemaking document was not reviewed under E.O. 12866,
``Regulatory Planning and Review.'' This action has been determined to
be not ``significant'' under DOT's regulatory policies and procedures.
In converting the Federal Motor Vehicle Safety Standards from the
English to the metric measurement system, the agency has made
conversions in a way that does not substantively change the performance
requirements of the FMVSSs. In this final rule, NHTSA makes corrections
to an error that appeared in the September 24,1998, final rule. NHTSA
does not believe motor vehicle manufacturers will incur any additional
costs as a result of the final rule. The impacts of this action are so
minor that a full regulatory evaluation has not been prepared.
B. Regulatory Flexibility Act
The agency has also considered the effects of this rulemaking
action under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 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 this final rule makes no substantive changes
to any Federal Motor Vehicle Safety Standards, and is limited to
correcting a typographical error in the September 24, 1998, final rule
that amended the Federal Motor Vehicle Safety Standards.
C. Environmental Impacts
In accordance with the National Environmental Policy Act of 1969,
the agency has considered the environmental impacts of this rulemaking
action and determined that as a final rule, it would not have a
significant impact on the quality of the human environment.
D. Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the final rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
E. Civil Justice Reform
This rule will not have a retroactive effect. Under Section 103(d)
of the National Traffic and Motor Vehicle Safety Act (15 U.S.C.
1392(d)), 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. Section 105 of the Act (15 U.S.C. 1394) 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. 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 does not have a $100
million effect, no Unfunded Mandates assessment has been prepared.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, the Federal Motor Vehicle Safety
Standards (49 CFR Part 571), are amended as set forth below.
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. Section 571.101 is amended by revising S5 to read as follows:
Sec. 571.101 Standard No. 101, Controls and displays.
* * * * *
S5 Requirements. Each passenger car, multipurpose passenger
vehicle, truck and bus manufactured with any control listed in S5.1 or
in column 1 of Table 1, and each passenger car, multipurpose passenger
vehicle and truck or bus less than 4,536 kg. GVWR with any display
listed in S5.1 or in column 1 of Table 2, shall meet the requirements
of this standard for the location, identification, and illumination of
such control or display.
* * * * *
BILLING CODE 4910-59-P
3. Section 571.101 is amended by revising Table 2 following S6. to
read as follows:
[[Page 30917]]
[GRAPHIC] [TIFF OMITTED] TR15MY00.000
BILLING CODE 4910-59-C
[[Page 30918]]
Issued on: May 2, 2000.
Stephen R. Kratzke,
Associate Administrator for Performance Safety Standards.
[FR Doc. 00-11493 Filed 5-12-00; 8:45 am]
BILLING CODE 4910-59-P
