Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11993 

1 73 FR 24352. 

conduct a National Survey of Speeding 

Attitudes and Behavior by telephone 

among a national probability sample of 

6,000 drivers, age 16 and older. 

Participation by respondents would be 

voluntary. Survey topics would include 

the extent to which drivers speed, 

attitudes and perceptions about 

speeding, reasons and motivations for 

speeding, and knowledge and attitudes 

towards countermeasure strategies to 

deter speeding. 

In conducting the proposed survey, 

the interviewers would use computerassisted telephone interviewing to 

reduce interview length and minimize 

recording errors. A Spanish-language 

translation and bilingual interviewers 

would be used to minimize language 

barriers to participation. Interviews will 

be conducted with respondents using 

landline phones and with respondents 

using cell phones. The proposed survey 

would be anonymous; the survey would 

not collect any personal information 

that would allow anyone to identify 

respondents. 

Description of the Need for the 

Information and Proposed Use of the 

Information—The National Highway 

Traffic Safety Administration’s 

(NHTSA) mission is to save lives, 

prevent injuries, and reduce healthcare 

and other economic costs associated 

with motor vehicle crashes. Over thirty 

percent of all fatal crashes are estimated 

to be speed-related crashes, defined as 

racing, exceeding the speed limit, or 

driving too fast for conditions. Speedrelated crashes resulted in 13,040 lives 

lost in 2007 and an estimated cost of 

$40.4 billion in 2000. In order to plan 

and evaluate programs intended to 

reduce speed-related crashes, NHTSA 

periodically conducts telephone surveys 

to update its knowledge and 

understanding of the public’s attitudes 

and behaviors with respect to speeding 

issues. 

NHTSA has conducted two previous 

administrations of the National Survey 

of Speeding Attitudes and Behavior— 

once in 1997 and again in 2002. In the 

2010 survey, NHTSA intends to 

examine the extent to which drivers 

speed, who the speeders are, when and 

why drivers speed, and what 

countermeasures are most acceptable 

and effective in reducing speeding. 

Furthermore, NHTSA plans to assess 

whether or not self-reported behaviors, 

attitudes, and perceptions regarding 

speeding and associated 

countermeasure strategies have changed 

over time, since the administration of 

the 1997 and 2002 national surveys. The 

findings from this proposed collection 

of information will assist NHTSA in 

designing, targeting, and implementing 

programs intended to reduce speed on 

the roadways and to provide data to 

States, localities, and law enforcement 

agencies that will aid in their efforts to 

reduce speed-related crashes and 

injuries. 

Description of the Likely Respondents 

(Including Estimated Number, and 

Proposed Frequency of Response to the 

Collection of Information)—Under this 

proposed effort, the Contractor would 

conduct telephone interviews averaging 

approximately 20 minutes in length 

with 6,000 randomly selected members 

of the general driving public, age 16 and 

older. The respondent sample would be 

selected from all 50 States and the 

District of Columbia. Interviews would 

be conducted with randomly selected 

persons with residential phones or cell 

phones. Businesses are ineligible for the 

sample and would not be interviewed. 

No more than one respondent would be 

selected per household. Each member of 

the sample would complete one 

interview. 

Prior to the administration of the 

survey, a total of 15 pretest interviews, 

averaging 20 minutes in length would 

be administered to test the computer 

programming of the questionnaire, and 

to determine if any final adjustments to 

the questionnaire are needed. Following 

any revisions carried out as a result of 

the pretest, the Contractor would begin 

the main survey administration. 

Estimate of the Total Annual 

Reporting and Recordkeeping Burden 

Resulting From the Collection of 

Information—NHTSA estimates that 

respondents will spend an average of 20 

minutes each to complete the survey, for 

a total of 2005 hours for the 15 pretest 

respondents and 6000 survey 

respondents. The respondents would 

not incur any reporting cost from the 

information collection. The respondents 

also would not incur any recordkeeping 

burden or recordkeeping cost from the 

information collection. 

Authority: 44 U.S.C. Section 3506(c)(2)(A) 

Jeff Michael, 

Associate Administrator, Research and 

Program Development. 

[FR Doc. E9–6116 Filed 3–19–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Corporate Average Fuel Economy 

Standards; Effect Upon State Laws and 

Regulations 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of intent. 

SUMMARY: In a notice of proposed 

rulemaking published on May 2, 2008, 

proposing Corporate Average Fuel 

standards for model years 2011–2015, 

NHTSA set forth its previously stated 

view regarding preemption under the 

Energy Policy and Conservation Act of 

State standards regulating carbon 

dioxide emissions from motor vehicle 

tailpipes and proposed to include a 

summary statement of those views in 

the Code of Federal Regulations. 

However, in a January 26, 2009 

memorandum requesting that NHTSA 

complete its rulemaking in two phases, 

the President further requested the 

agency to reconsider its views. In 

accordance with that request, NHTSA 

will re-examine the issue of preemption 

in the context of its forthcoming 

rulemaking to establish Corporate 

Average Fuel Economy standards for 

model year 2012 and later years. 

FOR FURTHER INFORMATION CONTACT: 

Stephen P. Wood, Acting Chief Counsel, 

National Highway Traffic Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey Ave., 

SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: The 

Energy Independence and Security Act 

(EISA) amended the Energy Policy and 

Conversation Act (EPCA) by mandating 

that the model year (MY) 2011–2020 

Corporate Average Fuel (CAFE) 

standards be set sufficiently high to 

ensure that the industry-wide average of 

all new passenger cars and light trucks, 

combined, reaches not less than 35 

miles per gallon by MY 2020. NHTSA 

published a notice of proposed 

rulemaking (NPRM) on May 2, 2008 to 

begin implementing the EISA mandate 

by establishing CAFE standards for MYs 

2011–2015.1 In the proposal, NHTSA set 

forth its previously stated view that 

State standards regulating carbon 

dioxide emissions from motor vehicle 

tailpipes are expressly and impliedly 

preempted and proposed to include a 

summary of that conclusion and the 

11994 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

2The memorandum is available at: http:// 

www.whitehouse.gov/the_press_office/The_Energy_

Independence_and_Security_Act_of_2007/ (last 

accessed March 12, 2009). 

3 49 U.S.C. 32902(a). 

4 549 U.S. 497 (2007). 

5 68 FR 52922 (September 8, 2003). 

underlying reasoning in the Code of 

Federal Regulations. 

On January 26, 2009, President 

Obama issued a memorandum 

concerning the completion of the 

rulemaking.2 In light of the requirement 

in EPCA to prescribe CAFE standards 

for 18 months in advance,3 i.e., by 

March 30, 2009 for MY 2011, and in 

order to provide additional time to 

obtain new information and consider 

anew the appropriate approach to 

establishing future CAFE standards, the 

President requested NHTSA to complete 

its rulemaking in two phases: (1) 

standards for MY 2011, and (2) 

standards for MY 2012 and beyond. The 

President further requested that NHTSA 

consider, as part of both phases, 

whether any provisions regarding 

preemption are consistent with the 

EISA, the Supreme Court’s decision in 

Massachusetts v. EPA and other 

relevant provisions of law and the 

policies underlying them. 

Massachusetts v. EPA,4 was a case 

involving a 2003 order of the 

Environmental Protection Agency (EPA) 

denying a petition for rulemaking to 

regulate greenhouse gas emissions from 

motor vehicles under the Clean Air 

Act.5 The Court ruled that greenhouse 

gases are ‘‘pollutants’’ under the Clean 

Air Act and that the Act therefore 

authorizes EPA to regulate greenhouse 

gas emissions from motor vehicles if 

that agency makes the necessary 

findings and determinations under 

section 202 of the Act. 

The Court considered EPCA briefly, 

stating 

[T]hat DOT sets mileage standards in no 

way licenses EPA to shirk its environmental 

responsibilities. EPA has been charged with 

protecting the public’s ‘‘health’’ and 

‘‘welfare,’’ 42 U.S.C. § 7521(a)(1), a statutory 

obligation wholly independent of DOT’s 

mandate to promote energy efficiency. See 

Energy Policy and Conservation Act, § 2(5), 

89 Stat. 874, 42 U.S.C. § 6201(5). The two 

obligations may overlap, but there is no 

reason to think the two agencies cannot both 

administer their obligations and yet avoid 

inconsistency. 

549 U.S. at 537. 

In keeping with the President’s 

remarks on January 26 regarding the 

need for new national policies to 

address the closely intertwined issues of 

energy independence, energy security 

and climate change, and for the 

initiation of serious and sustained 

domestic and international action to 

address them, NHTSA will develop 

CAFE standards for MY 2012 and 

beyond after collecting new 

information, conducting a careful 

review of technical and economic 

inputs and assumptions and standard 

setting methodology. It is reasonable to 

anticipate that this process will lead to 

changes, given the further review and 

analysis that will be conducted 

pursuant to the President’s request, and 

given the steady evolution in technical 

and policy factors potentially relevant to 

the next CAFE rulemaking. NHTSA may 

consider numerous factors, including, 

but not limited to, energy and climate 

change needs and policy choices 

regarding goals and approaches to 

achieving them, developments in 

domestic legislation and international 

negotiations regarding those goals and 

approaches, technologies for reducing 

fuel consumption, the capacity and 

condition of the automotive industry, 

fuel prices, and climate change science 

and damage valuation. 

The goal of the review and reevaluation will be to ensure that the 

approach used for MY 2012 and 

thereafter produces CAFE standards that 

contribute, to the maximum feasible 

extent, consistent with the legal 

requirements of EPCA/EISA, to meeting 

the energy and environmental 

challenges and goals outlined by the 

President. We intend to craft our 

program with the goal of creating the 

maximum incentives for innovation, 

providing reasonable flexibility to the 

regulated parties, and meeting the goal 

of making substantial and continuing 

reductions in the consumption of fuel 

sufficient to achieve at least 35 mpg not 

later than model year 2020. To that end, 

we are committed to ensuring that the 

CAFE program for beyond MY 2011 is 

based on the best scientific, technical, 

and economic information available, 

and that such information is developed 

in close coordination with the 

Environmental Protection Agency, 

Department of Energy and other federal 

agencies and our stakeholders, 

including the public and the vehicle 

manufacturers. 

In response to the President’s request 

that NHTSA consider whether any 

provisions regarding preemption are 

consistent with EISA, the Supreme 

Court’s decision in Massachusetts v. 

EPA and other relevant provisions of 

law and the policies underlying them, 

NHTSA is reconsidering its views 

regarding preemption under EPCA of 

state standards regulating motor vehicle 

tailpipe emissions of carbon dioxide. 

Accordingly, the agency will neither 

include any discussion of preemption in 

the preamble to forthcoming final rule 

establishing CAFE standards for MY 

2011 nor include any provisions 

addressing preemption in the 

amendments made by that rule to the 

Code of Federal Regulations. This 

course of action will permit the agency 

to address the issue of preemption in a 

deliberate, comprehensive manner in 

the context of its forthcoming 

rulemaking to establish CAFE standards 

for 2012 and later model years. 

Issued on: March 16, 2009. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E9–6061 Filed 3–17–09; 4:15 pm] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[U.S. DOT Docket Number NHTSA–2009– 

0048] 

Reports, Forms, and Recordkeeping 

Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Request for public comment on 

proposed collection of information. 

SUMMARY: Before a Federal agency can 

collect certain information from the 

public, it must receive approval from 

the Office of Management and Budget 

(OMB). Under procedures established 

by the Paperwork Reduction Act of 

1995, before seeking OMB approval, 

Federal agencies must solicit public 

comment on proposed collections of 

information, including extensions and 

reinstatement of previously approved 

collections. 

This document describes one 

collection of information for which 

NHTSA intends to seek OMB approval. 

DATES: Comments must be received on 

or before May 19, 2009. 

ADDRESSES: You may submit comments 

[identified by DOT Docket No. NHTSA– 

2009–0048] 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