Federal Motor Vehicle Safety Standards; Small Business Impacts of Motor Vehicle Safety |
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Topics: Federal Motor Vehicle Safety Standards
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Terry Shelton
National Highway Traffic Safety Administration
December 17, 2013
[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Proposed Rules]
[Pages 76265-76268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29744]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 529 Through 578, Except Parts 571 and 575
[Docket No. NHTSA-2013-0116]
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 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, motorcycles, and motor vehicle equipment.
DATES: You should submit comments early enough to ensure that Docket
Management receives them not later than February 18, 2014.
ADDRESSES: You may submit comments [identified by Docket Number NHTSA-
2013-0116] by any of the following methods:
Internet: To submit comments electronically, go to the
U.S. Government regulations Web site at http://www.regulations.gov.
Follow the
[[Page 76266]]
online instructions for submitting comments.
Mail: Send comments to Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West Building
Ground Floor, Room W12-140, Washington, DC 20590.
Hand Delivery: If you plan to submit written comments by
hand or courier, please do so at 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC between 9 a.m. and
5 p.m. Eastern Time, Monday through Friday, except federal holidays.
Fax: Written comments may be faxed to 202-493-2251.
You may call Docket Management at 1-800-647-5527.
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
in the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Juanita Kavalauskas, Office of
Regulatory Analysis and Evaluation, National Center for Statistics and
Analysis, 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
On November 24, 2008, NHTSA published in the Federal Register (73
FR 71401) a 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, see http://www.regulations.gov. Year 1
(2008) begins in the fall of 2008 and ends in the fall of 2009; Year 2
(2009) begins in the fall of 2009 and ends 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 and 2009 2010
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.
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C. Regulations Under Analysis
During Year 6, we will continue to conduct a preliminary assessment
of the following sections of 49 CFR parts 529 through 578, except parts
571 and 575:
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Section Title
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529................. Manufacturers of Multistage Automobiles.
531................. Passenger Automobile Average Fuel Economy.
533................. Light Truck Fuel Economy Standards.
534................. Rights and Responsibilities of Manufacturers in
the Context of Changes in Corporate
Relationships.
535................. Medium- and Heavy-Duty Vehicle Fuel Efficiency
Program.
536................. Transfer and Trading of Fuel Economy Credits.
[[Page 76267]]
537................. Automotive Fuel Economy Reports.
538................. Manufacturing Incentives for Alternative Fuel
Vehicles.
541................. Federal Motor Vehicle Theft Prevention Standard.
542................. Procedures for Selecting Light Duty Truck Lines to
be Covered by the Theft Prevention Standard.
543................. Exemption from Vehicle Theft Prevention Standard.
545................. Federal Motor Vehicle Theft Prevention Standard
Phase-In and Small-Volume Line Reporting
Requirements.
551................. Procedural Rules.
552................. Petitions for Rulemaking, Defect, and
Noncompliance Orders.
553................. Rulemaking Procedures.
554................. Standards Enforcement and Defects Investigation.
555................. Temporary Exemption from Motor Vehicle Safety and
Bumper Standards.
556................. Exemption for Inconsequential Defect or
Noncompliance.
557................. Petitions for Hearings on Notification and Remedy
of Defects.
563................. Event Data Recorders.
564................. Replaceable Light Source and Sealed Beam Headlamp
Information.
565................. Vehicle Identification Number (VIN) Requirements.
566................. Manufacturer Identification.
567................. Certification.
568................. Vehicles Manufactured in Two or More Stages--All
Incomplete, Intermediate and Final-Stage
Manufacturers of Vehicles Manufactured in Two or
More Stages.
569................. Regrooved Tires.
570................. Vehicle In Use Inspection Standards.
572................. Anthropomorphic Test Devices.
573................. Defect and Noncompliance Responsibility and
Reports.
574................. Tire Identification and Recordkeeping.
576................. Record Retention.
577................. Defect and Noncompliance Notification.
578................. Civil and Criminal Penalties.
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We are seeking comments on whether any requirements in 49 CFR parts
529 through 578, except parts 571 and 575 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 parts 529 through 578, except parts 571 and
575 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 529
through 578, except parts 571 and 575 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 one copy 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
[[Page 76268]]
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.
DOT's guidelines may be accessed at http://dmses.dot.gov/submit/DataQualityGuidelines.pdf.
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://www.regulations.gov.
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 a copy, 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://www.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.
Authority: 49 U.S.C. 30111, 30168; delegation of authority at
49 CFR 1.50 and 501.8.
Issued in Washington, DC, on December 10, 2013.
Terry Shelton,
Associate Administrator for the National Center for Statistics and
Analysis.
[FR Doc. 2013-29744 Filed 12-16-13; 8:45 am]
BILLING CODE 4910-59-P