52942 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Proposed Rules 

reduction; (4) clearly specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. This document is consistent 

with that requirement. 

Pursuant to this Order, NHTSA notes 

as follows. The preemptive effect of this 

proposed rule is discussed above. 

NHTSA notes further that there is no 

requirement that individuals submit a 

petition for reconsideration or pursue 

other administrative proceeding before 

they may file suit in court. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 requires agencies to prepare a 

written assessment of the costs, benefits 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local or tribal governments, in the 

aggregate, or by the private sector, of 

more than $100 million annually 

(adjusted for inflation with base year of 

1995). This NPRM would not result in 

expenditures by State, local or tribal 

governments, in the aggregate, or by the 

private sector in excess of $100 million 

annually. 

Executive Order 13045 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under E.O. 

12866, and (2) concerns an 

environmental, health, or safety risk that 

NHTSA has reason to believe may have 

a disproportionate effect on children. 

This rulemaking is not subject to the 

Executive Order because it is not 

economically significant as defined in 

E.O. 12866. 

Executive Order 13211 

Executive Order 13211 (66 FR 28355, 

May 18, 2001) applies to any 

rulemaking that: (1) Is determined to be 

economically significant as defined 

under E.O. 12866, and is likely to have 

a significantly adverse effect on the 

supply of, distribution of, or use of 

energy; or (2) that is designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. This 

rulemaking is not subject to E.O. 13211. 

Plain Language 

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 isn’t 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 proposal. 

Regulation Identifier Number (RIN) 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

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 (Volume 

65, Number 70; Pages 19477–78). 

List of Subjects in 49 CFR Part 571 

Imports, Motor vehicle safety, Motor 

vehicles, and Tires. 

In consideration of the foregoing, 

NHTSA proposes to amend 49 CFR part 

571 as set forth below. 

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS 

1. The authority citation for part 571 

continues to read as follows: 

Authority: 49 U.S.C. 322, 30111, 30115, 

30117 and 30166; delegation of authority at 

49 CFR 1.50. 

2. Section 571.208 is amended by: 

A. Revising the introductory 

paragraph of S7.1.1.5, and 

B. Removing S7.1.1.5(d). 

The amendments read as follows: 

§ 571.208 Standard No. 208; Occupant 

crash protection. 

* * * * * 

S7.1.1.5 Passenger cars, and trucks, 

buses, and multipurpose passenger 

vehicles with a GVWR of 4,536 kg 

(10,000 lb) or less manufactured on or 

after September 1, 1995 shall meet the 

requirements of S7.1.1.5(a), S7.1.1.5(b) 

and S7.1.1.5(c). 

* * * * * 

Issued on September 5, 2008. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E8–21026 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 402 

[FWS–R9–ES–2008–0093] 

RIN 1018–AT50 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 402 

[0808011023–81048–01] 

RIN 0618–AX15 

Interagency Cooperation Under the 

Endangered Species Act 

AGENCIES: U.S. Fish and Wildlife 

Service, Interior; National Marine 

Fisheries Service, Commerce. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The United States Fish and 

Wildlife Service (FWS) and the National 

Marine Fisheries Service (NMFS) 

(collectively, ‘‘we’’) are extending the 

comment period for proposed 

regulations governing interagency 

cooperation under the Endangered 

Species Act of 1973, as amended. 

DATES: We must receive your comments 

by October 14, 2008 to ensure their full 

consideration in the final decision on 

this proposal. 

ADDRESSES: Submit your comments or 

materials concerning this proposed rule 

in one of the following ways: 

(1) Through the Federal eRulemaking 

Portal at www.regulations.gov. Follow 

the instructions on the Web site for 

submitting comments. 

(2) By U.S. mail or hand-delivery to 

Public Comment Processing, Attention: 

1018–AT50, Division of Policy and 


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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Proposed Rules 52943 

Directives Management, U.S. Fish and 

Wildlife Service, 4401 North Fairfax 

Drive, Suite 222, Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, be advised that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold from public review your 

personal identifying information, we 

cannot guarantee that we will be able to 

do so. 

FOR FURTHER INFORMATION CONTACT: 

Office of the Assistant Secretary for Fish 

and Wildlife and Parks, 1849 C Street, 

NW., Washington, DC 20240; telephone: 

202–208–4416; or James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910; telephone: 301–713–2332. 

SUPPLEMENTARY INFORMATION: The 

United States Fish and Wildlife Service 

(FWS) and the National Marine 

Fisheries Service (NMFS) (collectively, 

‘‘we’’) published a proposed rule on 

Interagency Cooperation under the 

Endangered Species Act on August 15, 

2008 (73 FR 47868). The comment 

period for this proposed rule will end 

on September 15, 2008. We have 

received a number of written requests to 

extend the public comment period. We 

have given consideration to these 

requests and believe it is appropriate to 

provide an additional 30-day period for 

comment on the proposed regulation. 

We are therefore extending the comment 

period for an additional 30 days. 

If you have already commented on the 

proposed rule you do not need to resend 

your comment. We will consider all 

comments received from the date of 

publication of the proposed rule 

through the close of the extended 

comment period. 

Dated: September 5, 2008. 

Lyle Laverty, 

Assistant Secretary for Fish and Wildlife and 

Parks, Department of the Interior. 

Dated: September 5, 2008. 

Samuel D. Rauch, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service, National Oceanic and 

Atmospheric Administration. 

[FR Doc. E8–21414 Filed 9–10–08; 4:15 pm] 

BILLING CODE 4310–55–P 


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