[Federal Register: June 13, 2008 (Volume 73, Number 115)]
[Rules and Regulations]
[Page 33666]
[DOCID:fr13jn08-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0186; Airspace Docket No. 08-ANM-2]
RIN 2120-AA66

Revision of Legal Descriptions of Multiple Federal Airways in the
Vicinity of Farmington, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This technical amendment corrects an error in the airspace
description of a final rule published in the Federal Register on July
21, 2003 (68 FR 42962), Docket No. FAA-2002-13013, Airspace Docket No.
02-ANM-10. In that rule, the description of Jet Route 10 (J-10) was
incorrect. This is an administrative correction to a published legal
description. Additionally, the cite for J-10 was incorrectly written as
paragraph 6010(a) Domestic VOR Federal Airways: This will be corrected
to ``paragraph 2006 Jet Routes''.

DATES: Effective Date: 0901 UTC, June 13, 2008. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On May 27, 2003, a final rule was published in the Federal Register
(68 FR 28707) Revision of J-10. This action realigned J-10 from
Farmington, NM to the Flagstaff, AZ Very High Omnidirectional Radio
Range Tactical Air Navigation (VORTAC) by removing a route segment via
the Drake, AZ. VORTAC. On July 21, 2003, a final rule was published in
the Federal Register (68 FR 42962) Airspace Docket No. 02-ANM-10,
changing the name of the Farmington VORTAC to the Rattlesnake VORTAC.
In that rule, J-10 was written with the route segment that was removed
in (68 FR 28707). This action corrects this error by removing ``via the
Drake, AZ 262[deg] radials;'' and inserting ``Flagstaff 251[deg]
radials; Flagstaff, AZ.''

Correction to Final Rule

0
Accordingly, pursuant to the authority delegated to me, the reference
to airspace description as published in the Federal Register on July
21, 2003 (68 FR 42962), Airspace Docket No. 02-ANM-10, FAA Docket No.
FAA-2002-13013, and incorporation by reference in 14 CFR 71.1, is
corrected as follows:

Sec.  71.1  [Amended]

Paragraph 2004--Jet Routes

* * * * *

J-10 [Amended]

    From Los Angeles, CA; via INT Los Angeles 083[deg] and
Twentynine Palms, CA, 269[deg] radials; Twentynine Palms; INT of
Twentynine Palms 075[deg] and Flagstaff 251[deg], radials;
Flagstaff, AZ; Rattlesnake, NM, Blue Mesa, CO; Falcon, CO; North
Platte, NE; Wolbach, NE; Des Moines, IA; to Iowa City, IA.
* * * * *

    Issued in Washington, DC, on May 19, 2008.
Stephen L. Rohring,
Acting Manager, Airspace and Rules Group.
[FR Doc. E8-11966 Filed 6-12-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Notices]
[Page 66550]
[FR Doc No: 2020-23205]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR20-70-001.
    Applicants: Regency Intrastate Gas LP.
    Description: Tariff filing per 284.123(b),(e)/: Revised Operating
Statement to be effective 6/2/2020.
    Filed Date: 10/13/2020.
    Accession Number:<PHONE_NUMBER>57.
    Comments/Protests Due: 5 p.m. ET 11/3/2020.

    Docket Numbers: RP20-1229-001.
    Applicants: Cheniere Corpus Christi Pipeline, LP.
    Description: Tariff Amendment: Housekeeping Supplemental Filing to
be effective 10/28/2020.
    Filed Date: 10/13/20.
    Accession Number: 20201013-5193.
    Comments Due: 5 p.m. ET 10/26/20.

    Docket Numbers: RP21-53-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Sec.  4(d) Rate Filing: Housekeeping Filing on 10-13-
20 to be effective 11/13/2020.
    Filed Date: 10/13/20.
    Accession Number: 20201013-5151.
    Comments Due: 5 p.m. ET 10/26/20.

    Docket Numbers: RP21-54-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreements
Update (NMG) to be effective 1/1/2021.
    Filed Date: 10/13/20.
    Accession Number: 20201013-5165.
    Comments Due: 5 p.m. ET 10/26/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 14, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-23205 Filed 10-19-20; 8:45 am]
BILLING CODE 6717-01-P


the Internet. To read the comments on the Internet, go to http://www.regulations.gov. Follow the online instructions for accessing the
dockets.
    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.

IX. Rulemaking Analyses

A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to OMB
review and to the requirements of the Executive Order. The Order
defines a ``significant regulatory action'' as one that is likely to
result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    We have considered the potential impact of this proposal under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking is economically significant
because it is likely to have an annual effect on the economy of $100
million or more and was reviewed by the Office of Management and Budget
under E.O. 12866. The rulemaking action has also been determined to be
significant under the Department's regulatory policies and procedures.
The preliminary regulatory impact analysis (PRIA) fully discusses the
estimated costs and benefits of this rulemaking action. The costs and
benefits are also summarized in section VII of this preamble, supra.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies the proposal will not have a significant economic impact on a
substantial number of small entities. SBREFA amended the Regulatory
Flexibility Act to require Federal agencies to provide a statement of
the factual basis for certifying that a proposal will not have a
significant economic impact on a substantial number of small entities.
    I hereby certify that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
Small organizations and small governmental units would not be
significantly affected since the potential cost impacts associated with
this action would not significantly affect the price of new motor
vehicles. We believe that the rulemaking would not have a significant
economic impact on the small vehicle manufacturers because the systems
are not technically hard to develop or install and the cost of the
systems ($160 to $200) is a small proportion (less than half of one
percent) of the overall vehicle cost for most of these specialty cars.
    The proposal would directly affect motor vehicle manufacturers and
final-stage manufacturers. The majority of motor vehicle manufacturers
would not qualify as a small business. There are six manufacturers of
passenger cars that are small businesses.\104\ These manufacturers,
along with manufacturers that do not qualify as a small business, are
already required to comply with the current mirror requirements of
FMVSS No. 111. Similarly, there are several manufacturers of low-speed
vehicles that are small businesses. Currently, FMVSS No. 111 does not
apply to low-speed vehicles, although they are required to have basic
mirrors pursuant to FMVSS No. 500, Low-speed vehicles (including the
option of having either an exterior driver-side mirror or an interior
rearview mirror). The addition of a rearview video system can be
accomplished via the purchase of an exterior video camera, integration
of a console video screen or the addition of an interior rearview
mirror-mounted screen, and wiring to connect the two as well as to
connect them to the vehicle.
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    \104\ Fisker, Mosler, Panoz, Saleen, Standard Taxi, Tesla.
---------------------------------------------------------------------------

    Because the K.T. Safety Act encompasses all motor vehicles with a
GVWR or 10,000 pounds or less (except motorcycles and trailers) in its
mandate

to reduce backovers, all of these small manufacturers could be affected
by the proposed requirements. However, the economic impact upon these
entities would not be significant for the following reasons.
    (1) Potential cost increases are small compared to the price of the
vehicles being manufactured and can be passed on to the consumer as
nearly all vehicles are subject to the proposed requirements.
    (2) The proposal provides four years lead-time, the limit permitted
by the K.T. Safety Act, and would allow small volume manufacturers the
option of waiting until the end of the phase-in (until September 1,
2014) to meet the rear visibility requirements.
    In this NPRM, the agency has also considered several alternatives
that could help to reduce the burden on small businesses. The agency
considered an alternative under which passenger cars would be required
to be equipped with either a visibility system or with a system that
includes an ultrasonic sensor that monitors the specified area behind
the vehicle and an audible warning, and other vehicles rated at 10,000
pounds or less, gross vehicle weight, would be required to be equipped
with a visibility system. This alternative would have substantially
lower, but still significant, safety benefits, substantially lower
installation costs and higher cost per equivalent life saved. The
agency also considered reducing the types of vehicles subject to rear
visibility performance by excluding low-speed vehicles explicitly or,
in the alternative, limiting the applicability of the rule to MPVs and
trucks with a GVWR of 10,000 pounds or less.

C. Executive Order 13132 (Federalism)

    NHTSA has examined today's proposal pursuant to Executive Order
13132 (64 FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rulemaking would not have sufficient Federalism implications to
warrant consultation with State and local officials or the preparation
of a Federalism summary impact statement. The proposed rule would not
have ``substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
    NHTSA rules can preempt in two ways. First, the National Traffic
and Motor Vehicle Safety Act contains an express preemption provision:
``When a motor vehicle safety standard is in effect under this chapter,
a State or a political subdivision of a State may prescribe or continue
in effect a standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard is
identical to the standard prescribed under this chapter.'' 49 U.S.C.
30103(b)(1). It is this statutory command by Congress that preempts any
non-identical State legislative and administrative law addressing the
same aspect of performance.
    The express preemption provision set forth above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' 49 U.S.C. 30103(e) Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved.
    However, the Supreme Court has recognized the possibility, in some
instances, of implied preemption of such State common law tort causes
of action by virtue of NHTSA's rules, even if not expressly preempted.
This second way that NHTSA rules can preempt is dependent upon there
being an actual conflict between an FMVSS and the higher standard that
would effectively be imposed on motor vehicle manufacturers if someone
obtained a State common law tort judgment against the manufacturer,
notwithstanding the manufacturer's compliance with the NHTSA standard.
Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers will generally not be
preempted. However, if and when such a conflict does exist--for
example, when the standard at issue is both a minimum and a maximum
standard--the State common law tort cause of action is impliedly
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
    Pursuant to Executive Order 13132 and 12988, NHTSA has considered
whether this proposal could or should preempt State common law causes
of action. The agency's ability to announce its conclusion regarding
the preemptive effect of one of its rules reduces the likelihood that
preemption will be an issue in any subsequent tort litigation.
    To this end, the agency has examined the nature (e.g., the language
and structure of the regulatory text) and objectives of today's
proposal and finds that this proposal, like many NHTSA rules,
prescribes only a minimum safety standard. As such, NHTSA does not
intend that this proposal preempt state tort law that would effectively
impose a higher standard on motor vehicle manufacturers than that
established by today's proposal. Establishment of a higher standard by
means of State tort law would not conflict with the minimum standard
proposed here. Without any conflict, there could not be any implied
preemption of a State common law tort cause of action.
    We solicit the comments of the States and other interested parties
on this assessment of issues relevant to E.O. 13132.

D. Executive Order 12988 (Civil Justice Reform)

    When promulgating a regulation, Executive Order 12988 specifically
requires that the agency must make every reasonable effort to ensure
that the regulation, as appropriate: (1) Specifies in clear language
the preemptive effect; (2) specifies in clear language the effect on
existing Federal law or regulation, including all provisions repealed,
circumscribed, displaced, impaired, or modified; (3) provides a clear
legal standard for affected conduct rather than a general standard,
while promoting simplification and burden reduction; (4) specifies in
clear language the retroactive effect; (5) specifies whether
administrative proceedings are to be required before parties may file
suit in court; (6) explicitly or implicitly defines key terms; and (7)
addresses other important issues affecting clarity and general
draftsmanship of regulations.
    Pursuant to this Order, NHTSA notes as follows. The preemptive
effect of this proposal is discussed above in connection with E.O.
13132. 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.

E. Executive Order 13045 (Protection of Children From Environmental
Health and Safety Risks)

    Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks,'' (62 FR 19885; April 23, 1997) applies to any
proposed or final rule that: (1) Is determined to be ``economically
significant,'' as defined in Executive Order 12866, and (2) concerns an
environmental health or safety risk that NHTSA has reason to believe
may have a disproportionate effect on children. If a rule meets both
criteria, the agency must evaluate the

environmental health or safety effects of the rule on children, and
explain why the rule is preferable to other potentially effective and
reasonably feasible alternatives considered by the agency.
    This proposed rule is subject to Executive Order 13045 because it
is economically significant and available data demonstrate that the
safety risk addressed by this proposal disproportionately involves
children, especially very young ones. The issues that must be analyzed
under this Executive Order are discussed extensively in the preamble
above and in the PRIA.

F. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs us to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards. The agency is not aware of any
applicable voluntary consensus standards that apply to rearview video
systems.
    While the agency examined two voluntary industry standards,
International Standards Organization (ISO) 17386 and ISO 15008, as
potentially relevant, the agency does not believe that either is
relevant and thus has tentatively decided not to utilize them. While
both standards have aspects that relate to the issue of rear visibility
performance, neither addresses the specific type of rearview video
system being proposed in this notice. ISO 17386, Maneuvering Aids for
Low Speed Operations (MALSO), relates to the performance aspects of
sensor-based rear object detection systems. While such systems were
considered, NHTSA has not proposed them in this document, due to issues
related to driver performance. ISO 15008 relates to the ergonomic
aspects of in-vehicle screens.\105\ However, it specifically does not
apply to the types of screens at issue in this proposal, which would be
required to show closed-circuit video images. Furthermore, in response
to comments, NHTSA endeavored to propose a requirement that is as
performance based and technologically-neutral as possible, to allow
maximum design freedom while still meeting the performance requirements
needed for safety.
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    \105\ ISO 15008-2009 specifies minimum requirements for the
image quality and legibility of displays containing dynamic
(changeable) visual information presented to the driver of a road
vehicle by on-board transport information and control systems (TICS)
used while the vehicle is in motion. These requirements are intended
to be independent of display technologies, while reference to test
methods and measurements for assessing compliance with them have
been included where necessary.
    ISO 15008-2009 is applicable to mainly perceptual, and some
basic cognitive, components of the visual information including
character legibility and color recognition. It is not applicable to
other factors affecting performance and comfort such as coding,
format and dialogue characteristics, or to display using:
     Characters presented as part of a symbol or pictorial
information;
     Superimposed information on the external field (e.g., high-up
displays);
     Pictorial images (e.g., rear view camera);
     Maps and topographic representations (e.g., those for setting
navigation systems); or
     Quasi-static information.
    http://www.iso.org/iso/iso_catalogue/catalogue_ics/catalogue_detail_ics.htm?csnumber=50805
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G. 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). NHTSA must comply with
that requirement in connection with this rulemaking as the proposed
rule would result in expenditures by the private sector of over $100
million annually.
    As noted previously, the agency has prepared a detailed economic
assessment in the PRIA. In that assessment, the agency analyzes the
benefit and costs of a rear visibility countermeasure performance
requirement for passenger cars, multipurpose passenger vehicles,
trucks, buses, and low-speed vehicles with a GVWR of 10,000 pounds or
less. NHTSA's preliminary analysis indicates that the proposal could
result in private expenditures of up to $2.7 billion annually.
    The PRIA also analyzes the expected benefits and costs of a wide
variety of alternative countermeasure options, including mirrors,
cameras, and sensors, as specified in the K.T. Safety Act. The agency
subjected several types of each class of countermeasure to thorough
effectiveness testing and cost-benefit analysis. Additionally, the
agency previously published a detailed ANPRM and separate PRIA, in
order to explain its thoughts on the technological solutions available
and solicit information on costs, benefits, and applications on all
possible solutions to the safety concern. NHTSA received a large
variety of comments on the ANPRM and PRIA and used that information in
formulating the instant proposal.
    Although the application of the rear visibility requirement to
MPVs, trucks, and passenger cars is the highest cost option, the agency
tentatively concludes that the costs are justified. As explained in
detail in the PRIA for this NPRM, after carefully exploring all
possible alternatives, NHTSA tentatively concludes that rearview video
systems offer not only the highest overall benefits, but also the most
efficient cost per life saved ratio.
    Above, NHTSA solicits comment on other alternatives, including one
alternative limiting the application of rearview video systems to only
MPVs and trucks with a GVWR of 10,000 pounds or less and another
alternative requiring those systems for MPVs and trucks and either
sensors or those systems for cars. The PRIA summarizes the costs,
benefits, and cost per life saved for the proposal and these
alternatives. We note that, at this time, while one of the alternatives
has overall lower costs and a slightly more efficient cost per life
saved ratio than NHTSA's proposal, the agency tentatively concludes
that the increased benefits of the proposal, especially in terms of
fatalities and injuries to children, are worth the additional costs
above those in the more limited alternative scenario.
    Since the agency has estimated that the proposed rule could result
in expenditures of over $1 billion annually, NHTSA has performed a
probabilistic uncertainty analysis to examine the degree of uncertainty
in its cost and benefit estimates and included that analysis in the
PRIA.

H. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action would not have any significant impact on
the quality of the human environment.

I. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number. This
proposal would include a collection of information, i.e., the proposed
phase-in reporting requirements. If approved, the requirements would
require manufacturers of passenger cars and of trucks, buses, MPVs and
low-speed vehicles with a GVWR of 4,536 kg (10,000 lb) or less, to
annually submit a report for each of two years concerning the number of
such vehicles that meet the rear visibility system requirements.
    Accordingly, the Department of Transportation will be submitting
the following information collection request to OMB for review and
clearance under the PRA.
    Agency: National Highway Traffic Safety Administration (NHTSA).
    Title: Phase-In Production Reporting Requirements for Rear
Visibility Systems.
    Type of Request: New request.
    OMB Clearance Number: None assigned.
    Form Number: This collection of information will not use any
standard forms.
    Affected Public: The respondents are manufacturers of passenger
cars, multipurpose passenger vehicles, trucks, buses, and low-speed
vehicles having a gross vehicle weight rating of 4,536 kg (10,000
pounds) or less. The agency estimates that there are about 21 such
manufacturers.
    Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting from the Collection of Information: NHTSA estimates that the
total annual burden is 42 hours (2 hours per manufacturer per year).
Two reports per manufacturer would be collected.
    Estimated Costs: NHTSA estimates that the total annual cost burden,
in U.S. dollars, will be $2,100. No additional resources would be
expended by vehicle manufacturers to gather annual production
information because they already compile this data for their own uses.
    Summary of the Collection of Information: This collection would
require manufacturers of passenger cars, multipurpose passenger
vehicles, trucks, buses, and low-speed vehicles having a gross vehicle
weight rating of 4,536 kg (10,000 pounds) or less to provide motor
vehicle production data for the following two years: September 1, 2012
through August 31, 2013; and September 1, 2013 through August 31, 2014.
    Description of the Need for the Information and the Proposed Use of
the Information: The purpose of the reporting requirements will be to
aid NHTSA in determining whether a manufacturer has complied with the
requirements of Federal Motor Vehicle Safety Standard No. 111, Rearview
Mirrors, during the phase-in of new requirements for rear visibility
systems.
    NHTSA requests comments on the agency's estimates of the total
annual hour and cost burdens resulting from this collection of
information. Organizations and individuals that wish to submit comments
on the information collection requirements should direct them to
NHTSA's docket for this NPRM. These comments must be received on or
before February 7, 2011.

J. Plain Language

    Executive Order 12866 requires 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.

K. 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.

IX. Proposed Regulatory Text

List of Subjects in 49 CFR Parts 571 and 585

    Motor vehicle safety, Reporting and recordkeeping requirements,
Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR
parts 571 and 585 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for part 571 of title 49 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 571.111 is amended by revising the heading, S1 and S3,
adding in alphabetical order the following definitions to S4, and
adding S5.5 through S<IP_ADDRESS>, S6.2 through S<IP_ADDRESS>, S14 through
S14.3.3, and Figures 5 and 6 to read as follows:

Sec.  571.111  Standard No. 111; Rear visibility.

    S1. Scope. This standard specifies requirements for rearview
devices and systems.
* * * * *
    S3. Application. This standard applies to passenger cars,
multipurpose passenger vehicles, trucks, buses, school buses,
motorcycles and low-speed vehicles.
    S4. Definitions.
* * * * *
    Limited line manufacturer means a manufacturer that sells three or
fewer carlines, as that term is defined in 49 CFR 583.4, in the United
States during a production year.
    Rearview image means a visual image of the area directly behind a
vehicle that is provided in a single location to the vehicle operator
and by means of indirect vision.
    Small manufacturer means an original vehicle manufacturer that
produces or assembles fewer than 5,000 vehicles annually for sale in
the United States.
* * * * *
    S5.5 Rear visibility.
    (a) For passenger cars manufactured on or after September 1, 2012,
but not later than August 31, 2014, a percentage of each manufacturer's
production, as specified in S5.5.3, shall display a rearview image
meeting the requirements of S5.5.1 through S5.5.2.
    (b) Each passenger car manufactured on or after September 1, 2014,
shall display a rearview image meeting the requirements of S5.5.1
through S5.5.2.
    S5.5.1 Rearview image performance.
    S<IP_ADDRESS> Field of view. When tested in accordance with the
procedures in S14.1 through S14.2.3, the rearview image shall display,
in a location visible to a driver properly restrained by seat belts:
    (a) A minimum of a 150-mm wide portion of each test object located
at positions F and G in Figure 5; and
    (b) The full width and height of each test object located at
positions A through E in Figure 5.

    S<IP_ADDRESS> Size. When the rearview image is measured in accordance
with the procedures in S14.1 through S14.2.3, the calculated visual
angle subtended by the horizontal width of:
    (a) The three test objects located at positions A, B, and C in
Figure 5 shall average not less than 5 minutes of arc; and
    (b) The angular size of each individual test object (A, B, and C)
shall not be less than 3 minutes of arc.
    S<IP_ADDRESS> Response time. The rearview image meeting the requirements
of S5.5.1 through <IP_ADDRESS> shall be displayed within 2.0 seconds of the
time at which the vehicle transmission is shifted into reverse gear;
and
    S<IP_ADDRESS> Linger time. The rearview image shall not be displayed for
more than 10.0 seconds after the vehicle transmission has been shifted
out of reverse gear.
    S<IP_ADDRESS> Deactivation. The rearview image shall not be
extinguishable by any driver-controlled means.
    S<IP_ADDRESS> Display luminance. When tested in accordance with S14.2,
the luminance of an interior visual display used to present the
rearview image shall not be less than 500 cd/m\2\.
    S5.5.2 Durability performance. After the vehicle is subjected to
the test procedures in S14.2.1 through S14.2.3, the vehicle shall meet
the requirements of S<IP_ADDRESS> and S<IP_ADDRESS>.
    S5.5.3 Phase-in schedule.
    S<IP_ADDRESS> Vehicles manufactured on or after September 1, 2012 and
before September 1, 2014. At any time during the production years
ending August 31, 2012 and August 31, 2013, each manufacturer shall,
upon request from the Office of Vehicle Safety Compliance, provide
information identifying the vehicles (by make, model and vehicle
identification number) that have been certified as complying with this
standard. The manufacturer's designation of a vehicle as a certified
vehicle is irrevocable.
    S<IP_ADDRESS> Vehicles manufactured on or after September 1, 2012 and
before September 1, 2013. Except as provided in S<IP_ADDRESS>, for passenger
cars manufactured by a manufacturer on or after September 1, 2012, and
before September 1, 2013, the number of passenger cars complying with
S5.5 through S5.5.2 shall be not less than 10 percent of the
manufacturer's--
    (a) Production of passenger cars during that period; or
    (b) Average annual production of passenger cars manufactured in the
three previous production years.
    S<IP_ADDRESS> Vehicles manufactured on or after September 1, 2013 and
before September 1, 2014. Except as provided in S<IP_ADDRESS>, for passenger
cars manufactured by a manufacturer on or after September 1, 2013, and
before September 1, 2014, the number of passenger cars complying with
S5.5 through S5.5.2 shall be not less than 40 percent of the
manufacturer's--
    (a) Production of passenger cars during that period; or
    (b) Average annual production of passenger cars manufactured in the
three previous production years.
    S<IP_ADDRESS> Exclusions from phase-in. The requirements in S<IP_ADDRESS> and
S<IP_ADDRESS> do not apply to--
    (a) Vehicles that are manufactured by small manufacturers or by
limited line manufacturers.
    (b) Vehicles that are altered (within the meaning of 49 CFR 567.7)
before September 1, 2014, after having been previously certified in
accordance with part 567 of this chapter, and vehicles manufactured in
two or more stages before September 1, 2014.
    S<IP_ADDRESS> Vehicles produced by more than one manufacturer. For the
purpose of calculating average annual production of vehicles for each
manufacturer and the number of vehicles manufactured by each
manufacturer under S<IP_ADDRESS> through S<IP_ADDRESS>, a vehicle produced by
more than one manufacturer shall be attributed to a single manufacturer
as follows, subject to S<IP_ADDRESS>--
    (a) A vehicle that is imported shall be attributed to the importer.
    (b) A vehicle manufactured in the United States by more than one
manufacturer, one of which also markets the vehicle, shall be
attributed to the manufacturer that markets the vehicle.
    S<IP_ADDRESS> A vehicle produced by more than one manufacturer shall be
attributed to any one of the vehicle's manufacturers specified by an
express written contract, reported to the National Highway Traffic
Safety Administration under 49 CFR part 585, between the manufacturer
so specified and the manufacturer to which the vehicle would otherwise
be attributed under S<IP_ADDRESS>.
    S<IP_ADDRESS> Calculation of complying vehicles.
    (a) For the purposes of calculating the vehicles complying with
S<IP_ADDRESS>, a manufacturer may count a vehicle if it is manufactured on
or after [date that is 30 days after publication of the final rule in
the Federal Register] but before September 1, 2013.
    (b) For purposes of complying with S<IP_ADDRESS>, a manufacturer may
count a vehicle if it--
    (1) Is manufactured on or after [date that is 30 days after
publication of the final rule in the Federal Register] but before
September 1, 2014 and,
    (2) Is not counted toward compliance with S<IP_ADDRESS>.
    (c) For the purposes of calculating average annual production of
vehicles for each manufacturer and the number of vehicles manufactured
by each manufacturer, each vehicle that is excluded from having to meet
the applicable requirement is not counted.
* * * * *
    S6.2 Rear visibility.
    (a) For multipurpose passenger vehicles, low-speed vehicles,
trucks, and buses with a GVWR of 4.536 kg or less manufactured on or
after September 1, 2012, but not later than August 31, 2014, a
percentage of each manufacturer's production, as specified in S6.2.3,
shall display a rearview image meeting the requirements of S6.2.1
through S6.2.2.
    (b) Each multipurpose passenger vehicle, low-speed vehicle, truck,
and bus with a GVWR of 4.536 kg or less manufactured on or after
September 1, 2014, shall display a rearview image meeting the
requirements of S6.2.1 through S6.2.2.
    S6.2.1 Rearview image performance.
    S<IP_ADDRESS> Field of view. When tested in accordance with the
procedures in S14.1 through S14.2.3, the rearview image shall display,
in a location visible to a driver properly restrained by seat belts:
    (a) A minimum of a 150-mm wide portion of each test object located
at positions F and G in Figure 5; and
    (b) The full width and height of each test object located at
positions A through E in Figure 5.
    S<IP_ADDRESS> Size. When the rearview image is measured in accordance
with the procedures in S14.1 through S14.2.3, the calculated visual
angle--subtended by the horizontal width of
    (a) The three test objects located at positions A, B, and C in
Figure 5 shall average not less than 5 minutes of arc; and
    (b) The angular size of each individual test object (A, B, and C)
shall not be less than 3 minutes of arc.
    S<IP_ADDRESS> Response time. The rearview image meeting the requirements
of S6.2.1 through <IP_ADDRESS> shall be displayed within 2.0 seconds of the
time at which the vehicle transmission is shifted into reverse gear;
and
    S<IP_ADDRESS> Linger time. The rearview image shall not be displayed for
more than 10.0 seconds after the vehicle transmission has been shifted
out of reverse gear.

    S<IP_ADDRESS> Deactivation. The rearview image shall not be
extinguishable by any driver-controlled means.
    S<IP_ADDRESS> Display luminance. When tested in accordance with S14.2,
the luminance of an interior visual display used to present the
rearview image shall not be less than 500 cd/m\2\.
    S6.2.2 Durability performance. After the vehicle is subjected to
the test procedures in S14.2.1 through S14.2.3, the vehicle shall meet
the requirements of S<IP_ADDRESS> and S<IP_ADDRESS>.
    S6.2.3 Phase-in schedule.
    S<IP_ADDRESS> Vehicles manufactured on or after September 1, 2012 and
before September 1, 2014. At any time during the production years
ending August 31, 2012 and August 31, 2013, each manufacturer shall,
upon request from the Office of Vehicle Safety Compliance, provide
information identifying the vehicles (by make, model and vehicle
identification number) that have been certified as complying with this
standard. The manufacturer's designation of a vehicle as a certified
vehicle is irrevocable.
    S<IP_ADDRESS> Vehicles manufactured on or after September 1, 2012 and
before September 1, 2013. Except as provided in S<IP_ADDRESS>, for
multipurpose passenger vehicles, trucks, buses, and low-speed vehicles
with a GVWR of 4.536 kg or less, manufactured by a manufacturer on or
after September 1, 2012, and before September 1, 2013, the number of
such vehicles complying with S6.2 through S6.2.2 shall be not less than
33 percent of the manufacturer's--
    (a) Production of such vehicles during that period; or
    (b) Average annual production of such vehicles manufactured in the
three previous production years.
    S<IP_ADDRESS> Vehicles manufactured on or after September 1, 2013 and
before September 1, 2014. Except as provided in S<IP_ADDRESS>, for
multipurpose passenger vehicles, trucks, buses, and low-speed vehicles
with a GVWR of 4.536 kg or less, manufactured by a manufacturer on or
after September 1, 2013, and before September 1, 2014, the number of
such vehicles complying with S6.2 through S6.2.2 shall be not less than
67 percent of the manufacturer's--
    (a) production of such vehicles during that period; or
    (b) average annual production of such vehicles manufactured in the
three previous production years.
    S<IP_ADDRESS> Exclusions from phase-in. The requirements in S<IP_ADDRESS> and
S<IP_ADDRESS> do not apply to--
    (a) Vehicles that are manufactured by small manufacturers or by
limited line manufacturers.
    (b) Vehicles that are altered (within the meaning of 49 CFR 567.7)
before September 1, 2014, after having been previously certified in
accordance with part 567 of this chapter, and vehicles manufactured in
two or more stages before September 1, 2014.
    S<IP_ADDRESS> Vehicles produced by more than one manufacturer. For the
purpose of calculating average annual production of vehicles for each
manufacturer and the number of vehicles manufactured by each
manufacturer under S<IP_ADDRESS> through S<IP_ADDRESS>, a vehicle produced by
more than one manufacturer shall be attributed to a single manufacturer
as follows, subject to S<IP_ADDRESS>--
    (a) A vehicle that is imported shall be attributed to the importer.
    (b) A vehicle manufactured in the United States by more than one
manufacturer, one of which also markets the vehicle, shall be
attributed to the manufacturer that markets the vehicle.
    S<IP_ADDRESS> A vehicle produced by more than one manufacturer shall be
attributed to any one of the vehicle's manufacturers specified by an
express written contract, reported to the National Highway Traffic
Safety Administration under 49 CFR part 585, between the manufacturer
so specified and the manufacturer to which the vehicle would otherwise
be attributed under S<IP_ADDRESS>.
    S<IP_ADDRESS> Calculation of complying vehicles.
    (a) For the purposes of calculating the vehicles complying with
S<IP_ADDRESS>, a manufacturer may count a vehicle if it is manufactured on
or after [date that is 30 days after publication of the final rule in
the Federal Register] but before September 1, 2013.
    (b) For purposes of complying with S<IP_ADDRESS>, a manufacturer may
count a vehicle if it--
    (1) Is manufactured on or after [date that is 30 days after
publication of the final rule in the Federal Register] but before
September 1, 2014 and,
    (2) Is not counted toward compliance with S<IP_ADDRESS>.
    (c) For the purposes of calculating average annual production of
vehicles for each manufacturer and the number of vehicles manufactured
by each manufacturer, each vehicle that is excluded from having to meet
the applicable requirement is not counted.
* * * * *
    S14 Rear visibility test procedure.
    S14.1 Test setup.
    S14.1.1 Lighting. The ambient illumination conditions in which
testing is conducted consists of light that is evenly distributed from
above and is at an intensity of 10,000 lux, as measured at the center
of the exterior surface of vehicle's roof.
    S14.1.2 Vehicle conditions.
    S<IP_ADDRESS> Tires. The vehicle's tires are set to the vehicle
manufacturer's recommended cold inflation pressure.
    S<IP_ADDRESS> Fuel tank loading. The fuel tank is full.
    S<IP_ADDRESS> Vehicle load. The vehicle is loaded to simulate the
weight of the driver and four passengers or the designated occupant
capacity, if less, based on an average occupant weight of 68 kg. The
weight of each occupant is represented by 45 kg resting on the seat pan
and 23 kg resting on the vehicle floorboard.
    S<IP_ADDRESS> Driver's seat positioning.
    S<IP_ADDRESS>.1 Adjust the driver's seat to the midpoint of the
longitudinal adjustment range.
    S<IP_ADDRESS>.2 Adjust the driver's seat to the lowest point of all
vertical adjustment ranges present.
    S<IP_ADDRESS>.3 Using the three dimensional SAE J826 (rev. Jul 95)
manikin, adjust the driver's seat back angle at the vertical portion of
the H-point machine's torso weight hanger to 25 degrees. If this
adjustment setting is not available, adjust the seat-back angle to the
positional detent setting closest to 25 degrees in the direction of the
manufacturer's nominal design riding position.
    S14.1.3 Test object. Each test object is a right circular cylinder
that is 0.8 m high and 0.3 m in external diameter. There are seven test
objects, A-G. Test objects A, B, C, D, and E are marked with a
horizontal band encompassing the uppermost 150 mm of the side of the
cylinder. Test objects F and G are marked on the side with a solid
vertical stripe of 150 mm width extending from the top to the bottom of
each cylinder. Both the horizontal band and vertical stripe shall be of
a color that contrasts with both the rest of the cylinder and the test
surface.
    S14.1.4 Test object locations and orientation. Place cylinders at
locations specified in S14.1.5(a) through(d) and illustrated in Figure
5. Measure the distances shown in Figure 5 from a cylinder to another
cylinder or another object from the center (axis) of the cylinder as
viewed from above. Each test object is oriented so that its axis is
vertical.
    (a) Place cylinders G and F so that their centers are in a
transverse vertical plane that is 0.3 m to the rear of a transverse
vertical plane tangent to the rearmost surface of the rear bumper.
Place cylinders E and D so that their centers are in a transverse
vertical plane

that is 0.9 m to the rear of a transverse vertical plane tangent to the
rearmost surface of the rear bumper. Place cylinders A, B and C so that
their centers are in a transverse vertical plane that is 6.1 m to the
rear of a transverse vertical plane tangent to the rearmost surface of
the rear bumper.
    (b) Place cylinder B so that its center is in a longitudinal
vertical plane passing through the vehicle's longitudinal centerline.
    (c) Place cylinders C, E, and G so that their centers are in a
longitudinal vertical plane located 1.5 m, measured laterally and
horizontally, to the left of the vehicle longitudinal center line.
    (d) Place cylinders A, D, and F so that their centers are in a
longitudinal vertical plane located 1.5 m, measured laterally and
horizontally, to the right of the vehicle longitudinal center line.
    S14.1.5 Test reference point. To obtain the test reference point,
locate the center of the forward-looking eye midpoint (Mf)
of a 50th percentile male driver in the sagittal plane of the driver's
body, 632 mm vertically above the H point and 96 mm aft of the H point
(H), as illustrated in Figure 6. Next, locate the head/neck joint
center (J) illustrated in Figure 6 so that it is located 100 mm
rearward of Mf and 588 mm vertically above the H point. Draw
an imaginary horizontal line between Mf and a point
vertically above J, defined as J2. Rotate the imaginary line
about J2 in the direction of the rearview image until the
straight-line distance between Mf and the center of the
visual display reaches the shortest possible value. Define this new,
rotated location of Mf to be Mr (eye midpoint
rotated).
    S14.1.6 Measurement procedure. Locate a 35 mm or larger format
still camera, video camera, or digital equivalent such that the center
of the camera's image plane is located at Mr and the camera
lens is directed at the center of the visual display's rearview image.
Affix a ruler at the base of the rearview image in an orientation
parallel with a transverse cylinder centerline. Photograph the image of
the visual display with the ruler included in the frame.
    S<IP_ADDRESS> Extract photographic data. Using the photograph, measure
the horizontal width of a 50 mm delineated section of the in-photo
ruler along the edge closest to the rearview image and at a point that
would fall along the longitudinal centerline of the vehicle. Using the
photograph, measure the horizontal width of the colored band at the
upper portion of each of the three test objects located at positions A,
B, and C in Figure 5. Define the measured horizontal widths of the
colored bands of the three test objects as da,
db, and dc.
    S<IP_ADDRESS> Obtain scaling factor. Using the measured length of the
50 mm portion of the ruler as it appears in the photograph, divide this
value by 50 mm to obtain a scaling factor. Define this scaling factor
as sscale.
    S<IP_ADDRESS> Determine viewing distance. Determine the actual distance
from the rotated eye midpoint location (Mr) to the center of
the rearview image. Define this viewing distance as aeye.
    S<IP_ADDRESS> Calculate visual angle subtended by test objects. Use the
following equation to calculate the subtended visual angles:
[GRAPHIC] [TIFF OMITTED] TP07DE10.015

where i can take on the value of either test object A, B, or C, and
arcsine is calculated in units of degrees.

    S14.2 Visual display luminance testing. The visual display
luminance is measured at room temperature in a dark room using a
spectroradiometer. The minimum specified value of 500 cd/m\2\ must be
met at any measured point within the display.
    S14.3 Durability testing.
    S14.3.1 Corrosion test procedure. The vehicle is subjected to two
24-hour corrosion test cycles. In each corrosion test cycle, a portion
of the vehicle, which must include all exterior components of the rear
visibility system, is subjected to a salt spray (fog) test in
accordance with ASTM B117-73, Method of Salt Spray (Fog) Testing
(incorporated by reference, see Sec.  571.5) for a period of 24 hours.
Allow 1 hour to elapse without spray between the two test cycles.
    S14.3.2 Humidity exposure procedure. The vehicle is subjected to 24
consecutive 3-hour humidity test cycles. In each humidity test cycle,
the exterior of the vehicle is subjected to a temperature of 100[deg] +
7[deg] - 0 [deg]F (38[deg] + 4 [deg]C) with a relative humidity of not
less than 90% for a period of 2 hours. After a period not to exceed 5
minutes, the exterior of the vehicle is subjected to a temperature of
32[deg] + 5[deg] - 0 [deg]F (0[deg] + 3[deg] -0 [deg]C) and a humidity
of not more than 30% [deg] 10% for 1 hour. Allow no more
than 5 minutes to elapse between each test cycle.
    S14.3.3 Temperature exposure procedure. The vehicle is subjected to
4 consecutive 2-hour temperature test cycles. In each temperature test
cycle, the exterior of the vehicle is first subjected to a temperature
of 176[deg]  5 [deg]F (60[deg]  3 [deg]C) for a
period of one hour. After a period not to exceed 5 minutes, the
exterior of the vehicle is subjected to a temperature of 32[deg] +
5[deg] - 0 [deg]F (0[deg] + 3[deg] - 0 [deg]C) for 1 hour. Allow no
more than 5 minutes to elapse between each test cycle.
BILLING CODE 4910-59-P

[GRAPHIC] [TIFF OMITTED] TP07DE10.013

[GRAPHIC] [TIFF OMITTED] TP07DE10.014

BILLING CODE 4910-59-C
    3. Section 571.500 is amended by adding paragraph (11) at the end
of paragraph S5(b) to read as follows:

Sec.  571.500  Standard No. 500; Low-speed vehicles.

* * * * *
    S5.* * *
    (b)* * *
    (11) Low-speed vehicles shall comply with the rear visibility
requirements specified in S5.5 and S6.2 of FMVSS No. 111.
* * * * *

PART 585--PHASE-IN REPORTING REQUIREMENTS

    4. The authority citation for part 585 would continue to read as
follows:

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.

    5. Part 585 is amended by adding subpart M to read as follows:
Subpart M--Rear Visibility Improvements Reporting Requirements
Sec.
585.121 Scope.
585.122 Purpose.
585.123 Applicability.
585.124 Definitions.
585.125 Response to inquiries.
585.126 Reporting requirements.
585.127 Records.

Subpart M--Rear Visibility Improvements Reporting Requirements

Sec.  585.121  Scope.

    This part establishes requirements for manufacturers of passenger
cars, of trucks, buses, multipurpose passenger vehicles and low-speed
vehicles with a gross vehicle weight rating (GVWR) of 4,536 kilograms
(kg) (10,000 pounds (lb)) or less, to submit a report, and maintain
records related to the report, concerning the number of such vehicles
that meet the rear visibility requirements (S5.5 and S6.2) of Standard
No. 111, Rearview mirrors (49 CFR 571.111).

Sec.  585.122  Purpose.

    The purpose of these reporting requirements is to assist the
National Highway Traffic Safety Administration in determining whether a
manufacturer has complied with the rear visibility requirements (S5.5
and S6.2) of Standard No. 111, Rearview mirrors (49 CFR 571.111).

Sec.  585.123  Applicability.

    This part applies to manufacturers of passenger cars, of trucks,
buses, multipurpose passenger vehicles and low-speed vehicles with a
gross vehicle weight rating (GVWR) of 4,536 kilograms (kg) (10,000
pounds (lb)) or less.

Sec.  585.124  Definitions.

    (a) All terms defined in 49 U.S.C. 30102 are used in their
statutory meaning.
    (b) Bus, gross vehicle weight rating or GVWR, low-speed vehicle,
multipurpose passenger vehicle, passenger car, and truck are used as
defined in Sec.  571.3 of this chapter.
    (c) Production year means the 12-month period between September 1
of one year and August 31 of the following year, inclusive.

Sec.  585.125  Response to inquiries.

    At anytime during the production years ending August 31, 2013, and
August 31, 2014, each manufacturer shall, upon request from the Office
of Vehicle Safety Compliance, provide information identifying the
vehicles (by make, model and vehicle identification number) that have
been certified as complying with the rear visibility requirements of
Standard No. 111, Rearview mirrors (49 CFR 571.111). The manufacturer's
designation of a vehicle as a certified vehicle is irrevocable.

Sec.  585.126  Reporting requirements.

    (a) Advanced credit phase-in reporting requirements. Within 60 days
after the end of the production year ending August 31, 2012, each
manufacturer choosing to certify vehicles manufactured during that
production year as complying with the rear visibility requirements of
Standard No. 111 (49 CFR 571.111) shall submit a report to the National
Highway Traffic Safety Administration providing the information
specified in paragraph (c) of this section and in Sec.  585.2 of this
part.
    (b) Phase-in reporting requirements. Within 60 days after the end
of each of the production years ending August 31, 2013 and August 31,
2014, each manufacturer shall submit a report to the National Highway
Traffic Safety Administration concerning its compliance with the rear
visibility requirements of Standard No. 111 (49 CFR 571.111) for its
vehicles produced in that year. Each report shall provide the
information specified in paragraph (d) of this section and in section
585.2 of this part.
    (c) Advanced credit phase-in report content; production of
complying vehicles. With respect to the reports identified in Sec.
585.126(a), each manufacturer shall report for the production year for
which the report is filed the number of vehicles, by make and model
year, that are certified as meeting the rear visibility requirements of
Standard No. 111 (49 CFR 571.111).
    (d) Phase-in report content--
    (1) Basis for phase-in production goals. Each manufacturer shall
provide the number of vehicles manufactured in the current production
year, or, at the manufacturer's option, in each of the three previous
production years. A new manufacturer that is, for the first time,
manufacturing vehicles for sale in the United States must report the
number of vehicles manufactured during the current production year.
    (2) Production of complying vehicles. Each manufacturer shall
report for the production year being reported on, and each preceding
production year, to the extent that vehicles produced during the
preceding years are treated under Standard No. 111 as having been
produced during the production year being reported on, information on
the number of vehicles that meet the rear visibility requirements of
Standard No. 111 (49 CFR 571.111).

Sec.  585.127  Records.

    Each manufacturer shall maintain records of the Vehicle
Identification Number for each vehicle for which information is
reported under Sec.  585.126 until December 31, 2020.

    Issued on: November 29, 2010.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2010-30353 Filed 12-3-10; 8:45 am]
BILLING CODE 4910-59-P


From: gregory. moeller@ kodak. com Sent: Tuesday, August 27, 2002 3: 47 PM To: TCholloway@ rti. org Cc: 581985N@ knotes. kodak. com; 125162N@ knotes. kodak. com; 328983N@ knotes. kodak. com Subject: Mag Tape MACT Emissions Information Tom, as you requested in our recent phone conversations here is the magnetic tap e manufacturing operation ( as defined in 40 CFR Part 63 Subpart EE) emissions in formation. Please note that Kodak does not currently perform this type of opera tion at the Buffalo Road, Rochester, NY site. The following emissions occur at t he Kodak Park site, also in Rochester.

2001 annual organic HAP emission estimate: 8,500 lbs 2001 annual metal HAP emissions: 0.004 lbs Cobalt The organic HAP emission could be individually characterized but Kodak would pre fer to do that within the Confidential Business Information provisions. Also not e that we estimate there is approximately 70 lbs/ yr ( 2001 numbers) HCl emissions associated with magnetic tape manufacturing operations which are exhausted fro m the thermal oxidizer/ caustic scrubber control device. If you have any further questions, please do not hesitate to call.

Greg Moeller ( 585 477 9881)


[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Page 11106]
[FR Doc No: 2015-04296]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-0264; Airspace Docket No. 15-ASO-1]
RIN 2120-AA66

Revocation of Restricted Area R-2936, West Palm Beach, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action removes restricted area R-2936, West Palm Beach,
FL. The using agency informed the FAA they no longer have a requirement
for this area; therefore, the airspace is being returned to the
National Airspace System (NAS).

DATES: Effective date: 0901 UTC, April 30, 2015.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    Restricted area R-2936, West Palm Beach, FL, was established to
contain test firings of components for the main engines of the Space
Shuttle (55 FR 5981) May 3, 1990. During test firings, hydrogen gas was
released through an exhaust stack generating significant turbulence and
high air temperatures that could be hazardous to aircraft up to 10,000
feet. The restricted area using agency informed the FAA there are no
plans for further hazardous testing in the area. Therefore, the FAA is
taking this action to remove restricted area R-2936.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by removing restricted area R-2936, West Palm Beach, FL. The
using agency notified the FAA that they no longer require the
restricted area for hazardous activities.
    Because this action removes restricted airspace no longer needed,
and returns the airspace to the NAS, I find that notice and public
procedure under 5 U.S.C. 553(b) is unnecessary.
    The FAA has determined that this action only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it returns restricted airspace that is no longer needed for its
designated purpose to the NAS in the West Palm Beach, FL area.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures,
paragraph 311c. This action returns restricted airspace to the National
Airspace System. It is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
exist that warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73, as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.29  [Amended]

0
2. Section 73.29 is amended as follows:
* * * * *

R-2936 West Palm Beach, FL [Removed]

    Issued in Washington, DC, on February 19, 2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-04296 Filed 2-27-15; 8:45 am]
BILLING CODE 4910-13-P