[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Proposed Rules]
[Pages 22317-22320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9739]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

23 CFR Parts 1200 and 1300

[Docket No. NHTSA-2010-0054]


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.

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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 June 28, 2010.

ADDRESSES: You may submit comments [identified by DOT Docket ID Number 
NHTSA-2010-0054] by any of the following methods:
     Federal eRulemaking Portal: Go to http://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 http://

[[Page 22318]]

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

C. Regulations Under Analysis

    During Year 2, we will continue to conduct a preliminary assessment 
of the following sections of 23 CFR parts 1200 and 1300:

------------------------------------------------------------------------
            Section                               Title
------------------------------------------------------------------------
1200..........................  Uniform procedures for State highway
                                 safety programs.
1204..........................  [Reserved].
1205..........................  Highway safety programs; determinations
                                 of effectiveness.
1206..........................  Rules of procedure for invoking
                                 sanctions under the Highway Safety Act
                                 of 1966.
1208..........................  National minimum drinking age.
1210..........................  Operation of motor vehicles by
                                 intoxicated minors.
1215..........................  Use of safety belts--compliance and
                                 transfer-of-funds procedures.

[[Page 22319]]

 
1225..........................  Operation of motor vehicles by
                                 intoxicated persons.
1235..........................  Uniform system for parking for persons
                                 with disabilities.
1240..........................  Safety incentive grants for use of seat
                                 belts--allocations based on seat belt
                                 use rates.
1250..........................  Political subdivision participation in
                                 State highway safety programs.
1251..........................  State Highway Safety Agency.
1252..........................  State matching of planning and
                                 administration costs.
1270..........................  Open container laws.
1275..........................  Repeat intoxicated driver laws.
1313..........................  Incentive grant criteria for alcohol-
                                 impaired driving prevention programs.
1327..........................  Procedures for participating in and
                                 receiving information from the National
                                 Driver Register Problem Driver Pointer
                                 System.
1335..........................  State highway safety data improvements.
1340..........................  Uniform criteria for State observational
                                 surveys of seat belt use.
1345..........................  Incentive grant criteria for occupant
                                 protection programs.
1346-1349.....................  [Reserved].
1350..........................  Incentive grant criteria for motorcycle
                                 safety program.
1351-1399.....................  [Reserved].
------------------------------------------------------------------------

    We are seeking comments on whether any requirements in 23 CFR parts 
1200 and 1300 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 23 CFR parts 1200 and 
1300 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 23 CFR parts 1200 
and 1300 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,

[[Page 22320]]

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 
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 Amoni,
Associate Administrator for the National Center for Statistics and 
Analysis.
[FR Doc. 2010-9739 Filed 4-27-10; 8:45 am]
BILLING CODE 4910-59-P