Federal Motor Vehicle Safety Standards; Small Business Impacts of Motor Vehicle Safety, 72888-72891 [2011-30277]

Download as PDF 72888 Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 November 1, 2011, about 10,785 (97%) of 11,127 commercial radio stations have revenue of $7 million or less and thus qualify as small entities under the SBA definition. Therefore, the majority of such entities are small entities. We note, however, that in assessing whether a business concern qualifies as small under the above size standard, business affiliations must be included. Many radio stations are affiliated with much larger corporations having much higher revenue. Our estimate, therefore, likely overstates the number of small entities that might be affected by any ultimate changes to the rules and forms. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements In the Second IBOC Order, the Commission declined to establish a deadline for radio stations to convert to digital broadcasting, 22 FCC Rcd at 10351. Presently, radio stations may choose to commence IBOC digital operation pursuant to § 73.404 of the Commission’s rules, 47 CFR 73.404, which requires that licensees provide notification to the Commission within 10 days of commencing IBOC digital operation. The January 29, 2010, Order allows eligible authorized FM stations to commence operation of FM digital facilities with digital effective radiated power (ERP) up to ¥14 dBc upon notice to the Commission on FCC Form 335– FM—Digital Notification. In addition, licensees must electronically notify the Media Bureau of any power increase in their FM digital ERP within 10 days of commencement using the same Form 335—Digital Notification. However, use of the Form 335–FM for notification of commencement of FM hybrid digital operation, or notification of modification of FM digital operation, is currently limited to non-super-powered FM stations with digital ERP not exceeding ¥14 dBc and super-powered stations with digital ERP not exceeding ¥20 dBc. Non-super-powered FM stations requesting authorization to operate with digital ERP between ¥14 dBc and ¥10 dBc, or super-powered FM stations requesting digital ERP in excess of ¥20 dBc are required to file an informal request using the Engineering STA Form prior to commencement of the increased power FM digital operation. Licensees submitting such a request must use the simplified method set forth in the January 29, 2010, Order to determine the station’s maximum permissible FM digital ERP. In situations where the simplified method is not applicable due to unusual terrain or other technical considerations, the Bureau will accept VerDate Mar<15>2010 15:28 Nov 25, 2011 Jkt 226001 applications for FM digital ERP in excess of ¥14 dBc on a case-by-case basis, when accompanied by a showing detailing the prediction methodology, data, maps and sample calculations. The proposed rule changes may, in some cases, impose different reporting or recordkeeping requirements on FM radio stations, insofar as they would allow certain licensees to voluntarily operate with asymmetric digital sideband power. However, the information that would be reported is already familiar to broadcasters, and is similar to the current IBOC digital operation notification or authorization reporting requirements, so any additional burdens would be minimal. The Public Notice tentatively concludes that it would be expedient to modify Form 335–FM, currently used for Digital Notifications, to accommodate requests for increased digital power and/or operation with asymmetric digital sideband power. E. Steps Taken To Minimize Significant Impact on Small Entities, and Significant Alternatives Considered The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities (5 U.S.C. 603(b)). Operation of hybrid digital facilities by Commission licensees and permittees is voluntary. Likewise, use of asymmetric FM digital sideband powers would be limited to those licensees and permittees expressly seeking authorization for such operation. The proposal to permit use of asymmetric FM digital sideband powers thus would not impose any additional burden on FM broadcasters. In fact, for those FM broadcasters that choose to operate hybrid FM facilities, the proposal would confer a benefit. Currently, a significant number of FM stations are precluded from operating maximum permissible hybrid FM digital facilities. This occurs in the case of an FM station operating hybrid digital facilities that has a nearby FM station on one, but not both, of its two first-adjacent channels, thus limiting allowable digital power in both sidebands to a level that protects the PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 sole limiting station. By permitting asymmetric FM digital sideband operation, such a station could increase to maximum permissible digital power on the sideband opposite the limiting FM station, thus achieving improved digital facilities and signal coverage. Because operation under the proposed rule is voluntary, and would only be undertaken by licensees and permittees that would realize a benefit from such operation, consideration of alternatives was not required. F. Federal Rules Which Duplicate, Overlap, or Conflict With the Commission’s Proposals None. Federal Communications Commission. Kris A. Monteith, Deputy Chief, Media Bureau. [FR Doc. 2011–30598 Filed 11–25–11; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2011–0160] 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: 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 school buses and other buses. DATES: You should submit comments early enough to ensure that Docket Management receives them not later than January 27, 2012. ADDRESSES: You may submit comments [identified by DOT Docket ID Number NHTSA–2011–0160] by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. SUMMARY: E:\FR\FM\28NOP1.SGM 28NOP1 72889 Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules • 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 http://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 http:// 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. 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 published in the Federal Register (73 FR 71401) 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 Regulations to be reviewed pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 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 Jkt 226001 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Title Section Title 571.131 .... School bus pedestrian safety devices. Bus emergency exits and window retention and release. School bus rollover protection. 571.221 .... 571.222 .... School bus body joint strength. School bus passenger seating and crash protection. 571.217 .... 571.220 .... 15:28 Nov 25, 2011 Review year Section During Year 4, we will continue to conduct a preliminary assessment of the following: 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222. VerDate Mar<15>2010 Analysis year PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\28NOP1.SGM 28NOP1 72890 Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules We are seeking comments on whether any requirements in 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 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 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 571.131, 571.217, 571.220, 571.221, and 571.222 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. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 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? VerDate Mar<15>2010 15:28 Nov 25, 2011 Jkt 226001 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 571.131, 571.217, 571.220, 571.221, and 571.222 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 http://www.whitehouse.gov/ omb/fedreg/reproducible.html. DOT’s guidelines may be accessed at http:// dmses.dot.gov/submit/ DataQualityGuidelines.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. PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 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 http:// 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 E:\FR\FM\28NOP1.SGM 28NOP1 Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules 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. Terry Shelton, Associate Administrator for the National Center for Statistics and Analysis. [FR Doc. 2011–30277 Filed 11–25–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 [Docket No. 111025652–1657–01] RIN 0648–XA798 Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Scalloped Hammerhead Shark as Threatened or Endangered Under the Endangered Species Act National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: 90-day petition finding, request for information, and initiation of status review. AGENCY: We, NMFS, announce a 90day finding on a petition to list the scalloped hammerhead shark (Sphyrna lewini) or, in the alternative, multiple distinct population segments (DPSs) of the scalloped hammerhead shark as threatened or endangered under the Endangered Species Act (ESA), and to designate critical habitat concurrently with the listing. We find that the petition and information in our files present substantial scientific or commercial information indicating that the petitioned action may be warranted. We will conduct a status review of the species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to this species from any interested party. DATES: Information and comments on the subject action must be received by January 27, 2012. ADDRESSES: You may submit comments, information, or data, identified by pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 15:28 Nov 25, 2011 Jkt 226001 ‘‘NOAA–NMFS–2011–0261’’ by any one of the following methods: • Electronic Submissions: Submit all electronic comments via the Federal eRulemaking Portal http:// www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ‘‘submit a comment’’ icon, then enter ‘‘NOAA–NMFS–2011–0261’’ in the keyword search. Locate the document you wish to comment on from the resulting list and click on the ‘‘Submit a Comment’’ icon on the right of that line. • Mail or hand-delivery: Office of Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 20910. Instructions: All comments received are a part of the public record and may be posted to http://www.regulations.gov without change. All personally identifiable information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, Corel WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Maggie Miller, NMFS, Office of Protected Resources, (301) 427–8403. SUPPLEMENTARY INFORMATION: Background On August 14, 2011, we received a petition from WildEarth Guardians and Friends of Animals to list the scalloped hammerhead shark (Sphyrna lewini) as threatened or endangered under the ESA throughout its entire range, or, as an alternative, to delineate the species into five DPSs (Eastern Central and Southeast Pacific, Eastern Central Atlantic, Northwest and Western Central Atlantic, Southwest Atlantic, and Western Indian Ocean) and list any or all of these DPSs as threatened or endangered. The petitioners also requested that critical habitat be designated for the scalloped hammerhead under the ESA. Copies of the petition are available upon request (see ADDRESSES, above). ESA Statutory, Regulatory, and Policy Provisions and Evaluation Framework Section 4(b)(3)(A) of the ESA of 1973, as amended (16 U.S.C. 1531 et seq.), requires, to the maximum extent practicable, that within 90 days of receipt of a petition to list a species as threatened or endangered, the Secretary PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 72891 of Commerce make a finding on whether that petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted, and to promptly publish such finding in the Federal Register (16 U.S.C. 1533(b)(3)(A)). When it is found that substantial scientific or commercial information in a petition indicates the petitioned action may be warranted (a ‘‘positive 90-day finding’’), we are required to promptly commence a review of the status of the species concerned during which we will conduct a comprehensive review of the best available scientific and commercial information. In such cases, we conclude the review with a finding as to whether, in fact, the petitioned action is warranted within 12 months of receipt of the petition. Because the finding at the 12-month stage is based on a more thorough review of the available information, as compared to the narrow scope of review at the 90-day stage, a ‘‘may be warranted’’ finding does not prejudge the outcome of the status review. Under the ESA, a listing determination may address a species, which is defined to also include subspecies and, for any vertebrate species, any DPS that interbreeds when mature (16 U.S.C. 1532(16)). A joint NMFS–U.S. Fish and Wildlife Service (USFWS) (jointly, ‘‘the Services’’) policy clarifies the agencies’ interpretation of the phrase ‘‘distinct population segment’’ for the purposes of listing, delisting, and reclassifying a species under the ESA (61 FR 4722; February 7, 1996). A species, subspecies, or DPS is ‘‘endangered’’ if it is in danger of extinction throughout all or a significant portion of its range, and ‘‘threatened’’ if it is likely to become endangered within the foreseeable future throughout all or a significant portion of its range (ESA sections 3(6) and 3(20), respectively, 16 U.S.C. 1532(6) and (20)). Pursuant to the ESA and our implementing regulations, we determine whether species are threatened or endangered based on any one or a combination of the following five section 4(a)(1) factors: (1) The present or threatened destruction, modification, or curtailment of habitat or range; (2) overutilization for commercial, recreational, scientific, or educational purposes; (3) disease or predation; (4) inadequacy of existing regulatory mechanisms; and (5) any other natural or manmade factors affecting the species’ existence (16 U.S.C. 1533(a)(1), 50 CFR 424.11(c)). ESA-implementing regulations issued jointly by NMFS and USFWS (50 CFR 424.14(b)) define ‘‘substantial information’’ in the context of reviewing E:\FR\FM\28NOP1.SGM 28NOP1

Agencies

[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Proposed Rules]
[Pages 72888-72891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30277]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2011-0160]


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 school buses and other buses.

DATES: You should submit comments early enough to ensure that Docket 
Management receives them not later than January 27, 2012.

ADDRESSES: You may submit comments [identified by DOT Docket ID Number 
NHTSA-2011-0160] by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.

[[Page 72889]]

     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 http://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 http://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.

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 published in the Federal Register (73 FR 71401) 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                        Regulations to be reviewed        Analysis year      Review year
----------------------------------------------------------------------------------------------------------------
1.......................................  49 CFR 571.223 through 571.500,                 2008              2009
                                           and 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,                 2012              2013
                                           and 571.135, 571.138 and 571.139.
6.......................................  49 CFR parts 529 through 578,                   2013              2014
                                           except 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,                 2016              2017
                                           except 571.217.
10......................................  49 CFR parts 591 through 595 and                2017              2018
                                           new parts and subparts.
----------------------------------------------------------------------------------------------------------------

C. Regulations Under Analysis

    During Year 4, we will continue to conduct a preliminary assessment 
of the following: 49 CFR 571.131, 571.217, 571.220, 571.221, and 
571.222.

------------------------------------------------------------------------
              Section                               Title
------------------------------------------------------------------------
571.131...........................  School bus pedestrian safety
                                     devices.
571.217...........................  Bus emergency exits and window
                                     retention and release.
571.220...........................  School bus rollover protection.
571.221...........................  School bus body joint strength.
571.222...........................  School bus passenger seating and
                                     crash protection.
------------------------------------------------------------------------


[[Page 72890]]

    We are seeking comments on whether any requirements in 49 CFR 
571.131, 571.217, 571.220, 571.221, and 571.222 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 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 571.131, 571.217, 571.220, 571.221, and 
571.222 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 571.131, 
571.217, 571.220, 571.221, and 571.222 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 http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's 
guidelines may be accessed at http://dmses.dot.gov/submit/DataQualityGuidelines.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 http://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

[[Page 72891]]

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.

Terry Shelton,
Associate Administrator for the National Center for Statistics and 
Analysis.
[FR Doc. 2011-30277 Filed 11-25-11; 8:45 am]
BILLING CODE 4910-59-P