76692 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Proposed Rules 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215, 234, 242, 244, 245, 

and 252 

RIN 0750–AG58 

Defense Federal Acquisition 

Regulation Supplement; Business 

Systems—Definition and 

Administration (DFARS Case 2009– 

D038) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments; extension of comment 

period. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

improve the effectiveness of DoD 

oversight of contractor business 

systems. The comment period is being 

extended an additional 7 days to 

provide more time for interested parties 

to review the proposed DFARS changes. 

DATES: Comments on the proposed rule 

should be submitted to the address 

shown below on or before January 10, 

2011. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2009–D038, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2009–D038’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2009– 

D038.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2009– 

D038’’ on your attached document. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D038 in the subject 

line of the message. 

Fax: 703–602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Mr. Mark Gomersall, 

OUSD (AT&L) DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment, please 

check http://www.regulations.gov 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Gomersall, 703–602–0302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule for 

Business Systems—Definition and 

Administration (DFARS Case 2009– 

D038) in the Federal Register on 

January 15, 2010 (75 FR 2457). The 

public comment period closed March 

16, 2010. Based on the comments 

received and subsequent revisions to the 

proposed rule, DoD published a second 

proposed rule with request for 

comments on December 3, 2010 (75 FR 

75550). DoD is extending the comment 

period for 7 additional days to provide 

more time for interested parties to 

review the proposed DFARS changes. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2010–30953 Filed 12–8–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 501, 509, 510, 511, 512, 

520, 523, 525, 526, and 571 

[Docket No. NHTSA–2010–0159] 

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 February 7, 2011. 

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:// 

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 


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Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Proposed Rules 76693 

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, and parts 575 and 579 ................................................... 2008 2009 

2 ................................. 23 CFR parts 1200 and 1300 ................................................................................................. 2009 2010 

3 ................................. 49 CFR parts 501 through 526 and 571.213 ......................................................................... 2010 2011 

4 ................................. 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 ................................................. 2011 2012 

5 ................................. 49 CFR 571.101 through 571.110, and 571.135, 571.138 and 571.139 ............................... 2012 2013 

6 ................................. 49 CFR parts 529 through 578, except parts 571 and 575 ................................................... 2013 2014 

7 ................................. 49 CFR 571.111 through 571.129 and parts 580 through 588 .............................................. 2014 2015 

8 ................................. 49 CFR 571.201 through 571.212 .......................................................................................... 2015 2016 

9 ................................. 49 CFR 571.214 through 571.219, except 571.217 ............................................................... 2016 2017 

10 ............................... 49 CFR parts 591 through 595 and new parts and subparts ................................................ 2017 2018 

C. Regulations Under Analysis 

During Year 3, we will continue to 

conduct a preliminary assessment of the 

following sections of 49 CFR parts 501 

through 526 and 571.213: 

Section Title 

501 ............. Organization and delegation of 

powers and duties. 

509 ............. OMB control numbers for information collection requirements. 

510 ............. Information gathering powers. 

511 ............. Adjudicative procedures. 

512 ............. Confidential business information. 

520 ............. Procedures for considering environmental impacts. 

523 ............. Vehicle classification. 

525 ............. Exemptions from average fuel 

economy standards. 

526 ............. Petitions and plans for relief 

under the Automobile Fuel 

Efficiency Act of 1980. 

571.213 ...... Child restraint systems. 

We are seeking comments on whether 

any requirements in 49 CFR parts 501 

through 526 and 571.213 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 501 

through 526 and 571.213 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 


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76694 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Proposed Rules 

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 501 through 526 

and 571.213 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/DataQuality

Guidelines.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 

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. 2010–30698 Filed 12–8–10; 8:45 am] 

BILLING CODE 4910–59–P 


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