NHTSA has considered the effects of this rule under the Regulatory Flexibility Act. I
certify that this rule will not have a significant economic impact on a substantial number of small
entities. Any small vehicle manufacturers that stand to be affected by this rule are already
required to provide a VIN and provide information to NHTSA that enables the VIN to be
deciphered. Manufacturers of low-speed vehicles will have to make sure that the VIN reflects
the LSV features newly added to Table 1 of Part 565, but the burden associated with that
responsibility should be negligible and will not result in a significant economic impact.
Executive Order 13132 (Federalism)
NHTSA has examined this rule pursuant to Executive Order 13132 (64 FR 43255,
August 10, 1999) and concluded that no additional consultation with States, local governments
or their representatives is mandated beyond the rulemaking process. The agency has concluded
that the rule does not have federalism implications because the rule does not 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.”
We note that the American Association of Motor Vehicle Administrators (AAMVA) was a
member of the SAE committee that submitted the petition prompting this rulemaking.
Further, no consultation is needed to discuss the preemptive effect of today’s rule.
NHTSA rules can have preemptive effect in at least two ways. First, the National Traffic and
Motor Vehicle Safety Act contains an express preemption provision: “When a motor vehicle
safety standard is in effect under this chapter, a State or a political subdivision of a State may
prescribe or continue in effect a standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard is identical to the standard
prescribed under this chapter.” 49 U.S.C. 30103(b)(1).