Federal Motor Vehicle Safety Standards; Small Business Impacts of Motor Vehicle Safety, 72758-72760 [E8-28226]

Download as PDF 72758 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Proposed Rules G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5–501 of the Order has the potential to influence the regulation. This proposed action is not subject to Executive Order 13045 because it makes technical corrections and clarifications to the area source NESHAP for EAF steelmaking facilities which is based solely on technology performance. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use The proposed action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. erowe on PROD1PC63 with PROPOSALS-1 I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer Advancement Act of 1995 (NTTAA), Public Law No. 104– 113, § 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. VCS are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through the Office of Management and Budget, explanations when EPA decides not to use available and applicable voluntary consensus standards. This proposed rule does not involve technical standards. Therefore, EPA is not considering the use of any VCS. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12848 (58 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. VerDate Aug<31>2005 13:56 Nov 28, 2008 Jkt 217001 EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. The technical corrections and clarifications in this proposed rule do not change the level of control required by the NESHAP. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. Dated: November 24, 2008. Stephen L. Johnson, Administrator. [FR Doc. E8–28456 Filed 11–28–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 571, 575 and 579 [Docket No. NHTSA–2008–0173] Federal Motor Vehicle Safety Standards; Small Business Impacts of Motor Vehicle Safety National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of regulatory review; Request for comments. AGENCY: SUMMARY: NHTSA seeks comments on the economic impact of its regulations on small entities. As required by Section 610 of the Regulatory Flexibility Act, we are attempting to identify rules that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand. The focus of this notice is rules that specifically relate to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, incomplete vehicles, motorcycles, and motor vehicle equipment. DATES: You should submit comments early enough to ensure that Docket Management receives them not later than January 30, 2009. ADDRESSES: You may submit comments [identified by DOT Docket ID Number NHTSA–07–29294] by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 online instructions for submitting comments. • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Instructions: For detailed instructions on submitting comments and additional information see the Comments heading of the SUPPLEMENTARY INFORMATION section of this document. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic form of all comments 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 (65 FR 19477–78) or you may visit https:// Docketsinfo.dot.gov. FOR FURTHER INFORMATION CONTACT: Juanita Kavalauskas, Office of Regulatory Analysis, Office of Regulatory Analysis and Evaluation, National Highway Traffic Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590 (telephone 202–366–2584, fax 202–366– 3189). SUPPLEMENTARY INFORMATION: I. Section 610 of the Regulatory Flexibility Act A. Background and Purpose Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96–354), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), requires agencies to conduct periodic reviews of final rules that have a significant economic impact on a substantial number of small business entities. The purpose of the reviews is to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the objectives of applicable statutes, to minimize any significant economic impact of the rules on a substantial number of such small entities. E:\FR\FM\01DEP1.SGM 01DEP1 72759 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Proposed Rules B. Review Schedule The Department of Transportation (DOT) published its Semiannual Regulatory Agenda on November 22, 1999, listing in Appendix D (64 FR 64684) those regulations that each operating administration will review under section 610 during the next 12 months. Appendix D contained DOT’s 10-year review plan for all of its existing regulations. On November 24, 2008, NHTSA is publishing in the Federal Register a revised 10-year review plan for its existing regulations. The National Highway Traffic Safety Administration (NHTSA, ‘‘we’’) has divided its rules into 10 groups by subject area. Each group will be reviewed once every 10 years, undergoing a two-stage process—an Analysis Year and a Review Year. For purposes of these reviews, a year will coincide with the fall-to-fall publication schedule of the Semiannual Regulatory Agenda. The newly revised 10-year plan will assess years 9 and 10 of the old plan in years 1 and 2 of the new plan. Year 1 (2008) began in the fall of 2008 and will end in the fall of 2009; Year 2 (2009) will begin in the fall of 2009 and will end in the fall of 2010; and so on. During the Analysis Year, we will request public comment on and analyze each of the rules in a given year’s group to determine whether any rule has a significant impact on a substantial number of small entities and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. In each fall’s Regulatory Agenda, we will publish the results of the analyses we completed during the previous year. For rules that have subparts, or other discrete sections of rules that do have a significant impact on a substantial number of small entities, we will announce that we will be conducting a formal section 610 review during the following 12 months. The section 610 review will determine whether a specific rule should be revised or revoked to lessen its impact on small entities. We will consider: (1) The continued need for the rule; (2) the nature of complaints or comments received from the public; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other federal rules or with state or local government rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. At the end of the Review Year, we will publish the results of our review. The following table shows the 10-year analysis and review schedule: NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION SECTION 610 REVIEWS Year 1 ................................... 2 ................................... 3 ................................... 4 ................................... 5 ................................... 6 ................................... 7 ................................... 8 ................................... 9 ................................... 10 ................................. 49 23 49 49 49 49 49 49 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR 571.223 through 571.500, and parts 575 and 579 ...................................................... parts 1200 and 1300 .................................................................................................... parts 501 through 526 and 571.213 ............................................................................ 571.131, 571.217, 571.220, 571.221, and 571.222 .................................................... 571.101 through 571.110, and 571.135, 571.138 and 571.139 .................................. parts 529 through 578, except parts 571 and 575 ...................................................... 571.111 through 571.129 and parts 580 through 588 ................................................ 571.201 through 571.212 ............................................................................................. 571.214 through 571.219, except 571.217 .................................................................. parts 591 through 595 and new parts and subparts ................................................... C. Regulations Under Analysis During Year 1, we will continue to conduct a preliminary assessment of the following sections of 49 CFR parts 571.223 through 571.500, and part 579, Section erowe on PROD1PC63 with PROPOSALS-1 We are seeking comments on whether any requirements in 49 CFR parts 571.223 through 571.500, and parts 575 and 579 have a significant economic impact on a substantial number of small entities. ‘‘Small entities’’ include small businesses, not-for-profit organizations 13:56 Nov 28, 2008 Jkt 217001 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Review year 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 and will add part 575 to that assessment. Title 571.223 ...................................................................................... 571.224 ...................................................................................... 571.225 ...................................................................................... 571.301 ...................................................................................... 571.302 ...................................................................................... 571.303 ...................................................................................... 571.304 ...................................................................................... 571.305 ...................................................................................... 571.401 ...................................................................................... 571.403 ...................................................................................... 571.404 ...................................................................................... 571.500 ...................................................................................... Part 575 ..................................................................................... Part 579 ..................................................................................... VerDate Aug<31>2005 Analysis year Regulations to be reviewed Rear impact guards. Rear impact protection. Child restraint anchorage systems. Fuel system integrity. Flammability of interior materials. Fuel system integrity of compressed natural gas vehicles. Compressed natural gas fuel container integrity. Electric-powered vehicles: electrolyte spillage and electrical shock protection. Interior trunk release. Platform lift systems for motor vehicles. Platform lift installations in motor vehicles. Low-speed vehicles. Consumer Information. Reporting of information and communications about potential defects. that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000. Business entities are generally defined as small businesses by Standard Industrial Classification (SIC) code, for PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 the purposes of receiving Small Business Administration (SBA) assistance. Size standards established by SBA in 13 CFR 121.201 are expressed either in number of employees or annual receipts in millions of dollars, unless otherwise specified. The number E:\FR\FM\01DEP1.SGM 01DEP1 72760 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Proposed Rules of employees or annual receipts indicates the maximum allowed for a concern and its affiliates to be considered small. If your business or organization is a small entity and if any of the requirements in 49 CFR parts 571.223 through 571.500 or parts 575 or 579 have a significant economic impact on your business or organization, please submit a comment to explain how and to what degree these rules affect you, the extent of the economic impact on your business or organization, and why you believe the economic impact is significant. If the agency determines that there is a significant economic impact on a substantial number of small entities, it will ask for comment in a subsequent notice during the Review Year on how these impacts could be reduced without reducing safety. II. Plain Language A. Background and Purpose Executive Order 12866 and the President’s memorandum of June 1, 1998, require each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: • Have we organized the material to suit the public’s needs? • Are the requirements in the rule clearly stated? • Does the rule contain technical language or jargon that is not clear? • Would a different format (grouping and order of sections, use of headings. paragraphing) make the rule easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? If you have any responses to these questions, please include them in your comments on this document. erowe on PROD1PC63 with PROPOSALS-1 B. Review Schedule In conjunction with our section 610 reviews, we will be performing plain language reviews over a ten-year period on a schedule consistent with the section 610 review schedule. We will review 49 CFR parts 571.223 through 571.500 and parts 575 and 579 to determine if these regulations can be reorganized and/or rewritten to make them easier to read, understand, and use. We encourage interested persons to submit draft regulatory language that clearly and simply communicates regulatory requirements, and other recommendations, such as for putting VerDate Aug<31>2005 13:56 Nov 28, 2008 Jkt 217001 information in tables that may make the regulations easier to use. Comments How do I prepare and submit comments? Your comments must be written and in English. To ensure that your comments are correctly filed in the Docket, please include the docket number of this document in your comments. Your comments must not be more than 15 pages long. (49 CFR 553.21.) We established this limit to encourage you to write your primary comments in a concise fashion. However, you may attach necessary additional documents to your comments. There is no limit on the length of the attachments. Please submit two copies of your comments, including the attachments, to Docket Management at the address given above under ADDRESSES. Please note that pursuant to the Data Quality Act, in order for substantive data to be relied upon and used by the agency, it must meet the information quality standards set forth in the OMB and DOT Data Quality Act guidelines. Accordingly, we encourage you to consult the guidelines in preparing your comments. OMB’s guidelines may be accessed at https://www.whitehouse.gov/ ornb/fedreg/reproducible.html. DOT’ s guidelines may be accessed at https:// dmses.dot.gov/ submitlDataQualityGuidelines.pdf. How can I be sure that my comments were received? If you wish Docket Management to notify you upon its receipt of your comments, enclose a self-addressed, stamped postcard in the envelope containing your comments. Upon receiving your comments, Docket Management will return the postcard by mail. How do I submit confidential business information? If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Management at the address given above under ADDRESSES. When you send a comment containing information claimed to be confidential business information, you PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 should include a cover letter setting forth the information specified in our confidential business information regulation. (49 CFR part 512.) Will the agency consider late comments? We will consider all comments that Docket Management receives before the close of business on the comment closing date indicated above under DATES. To the extent possible, we will also consider comments that Docket Management receives after that date. How can I read the comments submitted by other people? You may read the comments received by Docket Management at the address given above under ADDRESSES. The hours of the Docket are indicated above in the same location. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps: (1) Go to the Federal Docket Management System (FDMS) at https:// regulations.gov. (2) FDMS provides two basic methods of searching to retrieve dockets and docket materials that are available in the system: (a) ‘‘Quick Search’’ to search using a full-text search engine, or (b) ‘‘Advanced Search,’’ which displays various indexed fields such as the docket name, docket identification number, phase of the action, initiating office, date of issuance, document title, document identification number, type of document, Federal Register reference, CFR citation, etc. Each data field in the advanced search may be searched independently or in combination with other fields, as desired. Each search yields a simultaneous display of all available information found in FDMS that is relevant to the requested subject or topic. (3) You may download the comments. However, since the comments are imaged documents, instead of word processing documents, the ‘‘pdf’’ versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically check the Docket for new material. Marilena Armoni, Acting Associate Administrator for the National Center for Statistics and Analysis. [FR Doc. E8–28226 Filed 11–28–08; 8:45 am] BILLING CODE 4910–59–M E:\FR\FM\01DEP1.SGM 01DEP1

Agencies

[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Proposed Rules]
[Pages 72758-72760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28226]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571, 575 and 579

[Docket No. NHTSA-2008-0173]


Federal Motor Vehicle Safety Standards; Small Business Impacts of 
Motor Vehicle Safety

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

ACTION: Notice of regulatory review; Request for comments.

-----------------------------------------------------------------------

SUMMARY: NHTSA seeks comments on the economic impact of its regulations 
on small entities. As required by Section 610 of the Regulatory 
Flexibility Act, we are attempting to identify rules that may have a 
significant economic impact on a substantial number of small entities. 
We also request comments on ways to make these regulations easier to 
read and understand. The focus of this notice is rules that 
specifically relate to passenger cars, multipurpose passenger vehicles, 
trucks, buses, trailers, incomplete vehicles, motorcycles, and motor 
vehicle equipment.

DATES: You should submit comments early enough to ensure that Docket 
Management receives them not later than January 30, 2009.

ADDRESSES: You may submit comments [identified by DOT Docket ID Number 
NHTSA-07-29294] by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: For detailed instructions on submitting comments and 
additional information see the Comments heading of the SUPPLEMENTARY 
INFORMATION section of this document. Note that all comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided. Please see the Privacy Act heading 
below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments 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 (65 FR 19477-78) or you may visit https://Docketsinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Juanita Kavalauskas, Office of 
Regulatory Analysis, Office of Regulatory Analysis and Evaluation, 
National Highway Traffic Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590 
(telephone 202-366-2584, fax 202-366-3189).

SUPPLEMENTARY INFORMATION: 

I. Section 610 of the Regulatory Flexibility Act

A. Background and Purpose

    Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96-
354), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (Pub. L. 104-121), requires agencies to conduct periodic 
reviews of final rules that have a significant economic impact on a 
substantial number of small business entities. The purpose of the 
reviews is to determine whether such rules should be continued without 
change, or should be amended or rescinded, consistent with the 
objectives of applicable statutes, to minimize any significant economic 
impact of the rules on a substantial number of such small entities.

[[Page 72759]]

B. Review Schedule

    The Department of Transportation (DOT) published its Semiannual 
Regulatory Agenda on November 22, 1999, listing in Appendix D (64 FR 
64684) those regulations that each operating administration will review 
under section 610 during the next 12 months. Appendix D contained DOT's 
10-year review plan for all of its existing regulations. On November 
24, 2008, NHTSA is publishing in the Federal Register a revised 10-year 
review plan for its existing regulations.
    The National Highway Traffic Safety Administration (NHTSA, ``we'') 
has divided its rules into 10 groups by subject area. Each group will 
be reviewed once every 10 years, undergoing a two-stage process--an 
Analysis Year and a Review Year. For purposes of these reviews, a year 
will coincide with the fall-to-fall publication schedule of the 
Semiannual Regulatory Agenda. The newly revised 10-year plan will 
assess years 9 and 10 of the old plan in years 1 and 2 of the new plan. 
Year 1 (2008) began in the fall of 2008 and will end in the fall of 
2009; Year 2 (2009) will begin in the fall of 2009 and will end in the 
fall of 2010; and so on.
    During the Analysis Year, we will request public comment on and 
analyze each of the rules in a given year's group to determine whether 
any rule has a significant impact on a substantial number of small 
entities and, thus, requires review in accordance with section 610 of 
the Regulatory Flexibility Act. In each fall's Regulatory Agenda, we 
will publish the results of the analyses we completed during the 
previous year. For rules that have subparts, or other discrete sections 
of rules that do have a significant impact on a substantial number of 
small entities, we will announce that we will be conducting a formal 
section 610 review during the following 12 months.
    The section 610 review will determine whether a specific rule 
should be revised or revoked to lessen its impact on small entities. We 
will consider: (1) The continued need for the rule; (2) the nature of 
complaints or comments received from the public; (3) the complexity of 
the rule; (4) the extent to which the rule overlaps, duplicates, or 
conflicts with other federal rules or with state or local government 
rules; and (5) the length of time since the rule has been evaluated or 
the degree to which technology, economic conditions, or other factors 
have changed in the area affected by the rule. At the end of the Review 
Year, we will publish the results of our review. The following table 
shows the 10-year analysis and review schedule:

                       National Highway Traffic Safety Administration Section 610 Reviews
----------------------------------------------------------------------------------------------------------------
                                                                                           Analysis     Review
                      Year                              Regulations to be reviewed           year        year
----------------------------------------------------------------------------------------------------------------
1..............................................  49 CFR 571.223 through 571.500, and            2008        2009
                                                  parts 575 and 579.
2..............................................  23 CFR parts 1200 and 1300.............        2009        2010
3..............................................  49 CFR parts 501 through 526 and               2010        2011
                                                  571.213.
4..............................................  49 CFR 571.131, 571.217, 571.220,              2011        2012
                                                  571.221, and 571.222.
5..............................................  49 CFR 571.101 through 571.110, and            2012        2013
                                                  571.135, 571.138 and 571.139.
6..............................................  49 CFR parts 529 through 578, except           2013        2014
                                                  parts 571 and 575.
7..............................................  49 CFR 571.111 through 571.129 and             2014        2015
                                                  parts 580 through 588.
8..............................................  49 CFR 571.201 through 571.212.........        2015        2016
9..............................................  49 CFR 571.214 through 571.219, except         2016        2017
                                                  571.217.
10.............................................  49 CFR parts 591 through 595 and new           2017        2018
                                                  parts and subparts.
----------------------------------------------------------------------------------------------------------------

C. Regulations Under Analysis

    During Year 1, we will continue to conduct a preliminary assessment 
of the following sections of 49 CFR parts 571.223 through 571.500, and 
part 579, and will add part 575 to that assessment.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Section                                                                       Title
--------------------------------------------------------------------------------------------------------------------------------------------------------
571.223..................................  Rear impact guards.
571.224..................................  Rear impact protection.
571.225..................................  Child restraint anchorage systems.
571.301..................................  Fuel system integrity.
571.302..................................  Flammability of interior materials.
571.303..................................  Fuel system integrity of compressed natural gas vehicles.
571.304..................................  Compressed natural gas fuel container integrity.
571.305..................................  Electric-powered vehicles: electrolyte spillage and electrical shock protection.
571.401..................................  Interior trunk release.
571.403..................................  Platform lift systems for motor vehicles.
571.404..................................  Platform lift installations in motor vehicles.
571.500..................................  Low-speed vehicles.
Part 575.................................  Consumer Information.
Part 579.................................  Reporting of information and communications about potential defects.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We are seeking comments on whether any requirements in 49 CFR parts 
571.223 through 571.500, and parts 575 and 579 have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations under 50,000. 
Business entities are generally defined as small businesses by Standard 
Industrial Classification (SIC) code, for the purposes of receiving 
Small Business Administration (SBA) assistance. Size standards 
established by SBA in 13 CFR 121.201 are expressed either in number of 
employees or annual receipts in millions of dollars, unless otherwise 
specified. The number

[[Page 72760]]

of employees or annual receipts indicates the maximum allowed for a 
concern and its affiliates to be considered small. If your business or 
organization is a small entity and if any of the requirements in 49 CFR 
parts 571.223 through 571.500 or parts 575 or 579 have a significant 
economic impact on your business or organization, please submit a 
comment to explain how and to what degree these rules affect you, the 
extent of the economic impact on your business or organization, and why 
you believe the economic impact is significant.
    If the agency determines that there is a significant economic 
impact on a substantial number of small entities, it will ask for 
comment in a subsequent notice during the Review Year on how these 
impacts could be reduced without reducing safety.

II. Plain Language

A. Background and Purpose

    Executive Order 12866 and the President's memorandum of June 1, 
1998, require each agency to write all rules in plain language. 
Application of the principles of plain language includes consideration 
of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that is 
not clear?
     Would a different format (grouping and order of sections, 
use of headings. paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
    If you have any responses to these questions, please include them 
in your comments on this document.

B. Review Schedule

    In conjunction with our section 610 reviews, we will be performing 
plain language reviews over a ten-year period on a schedule consistent 
with the section 610 review schedule. We will review 49 CFR parts 
571.223 through 571.500 and parts 575 and 579 to determine if these 
regulations can be reorganized and/or rewritten to make them easier to 
read, understand, and use. We encourage interested persons to submit 
draft regulatory language that clearly and simply communicates 
regulatory requirements, and other recommendations, such as for putting 
information in tables that may make the regulations easier to use.
Comments
How do I prepare and submit comments?
    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21.) 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the OMB and DOT Data 
Quality Act guidelines. Accordingly, we encourage you to consult the 
guidelines in preparing your comments. OMB's guidelines may be accessed 
at https://www.whitehouse.gov/ornb/fedreg/reproducible.html. DOT' s 
guidelines may be accessed at https://dmses.dot.gov/submitlDataQualityGuidelines.pdf.
How can I be sure that my comments were received?
    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.
How do I submit confidential business information?
    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. In 
addition, you should submit two copies, from which you have deleted the 
claimed confidential business information, to Docket Management at the 
address given above under ADDRESSES. When you send a comment containing 
information claimed to be confidential business information, you should 
include a cover letter setting forth the information specified in our 
confidential business information regulation. (49 CFR part 512.)
Will the agency consider late comments?
    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date.
How can I read the comments submitted by other people?
    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location.
    You may also see the comments on the Internet. To read the comments 
on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) at https://regulations.gov.
    (2) FDMS provides two basic methods of searching to retrieve 
dockets and docket materials that are available in the system: (a) 
``Quick Search'' to search using a full-text search engine, or (b) 
``Advanced Search,'' which displays various indexed fields such as the 
docket name, docket identification number, phase of the action, 
initiating office, date of issuance, document title, document 
identification number, type of document, Federal Register reference, 
CFR citation, etc. Each data field in the advanced search may be 
searched independently or in combination with other fields, as desired. 
Each search yields a simultaneous display of all available information 
found in FDMS that is relevant to the requested subject or topic.
    (3) You may download the comments. However, since the comments are 
imaged documents, instead of word processing documents, the ``pdf'' 
versions of the documents are word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

Marilena Armoni,
Acting Associate Administrator for the National Center for Statistics 
and Analysis.
[FR Doc. E8-28226 Filed 11-28-08; 8:45 am]
BILLING CODE 4910-59-M
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