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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules as a person whose household income is at or below the Department of Health and Human Services poverty guidelines.
Low-income and minority populations may live in geographic proximity or be geographically dispersed/transient. In 2021, DOT reviewed and updated its environmental justice strategy to ensure that it continues to reflect its commitment to environmental justice principles and integrating those principles into DOT programs, policies, and activities.
Section VI and the SEIS discuss NHTSAs consideration of environmental justice issues associated with this proposal.

11. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations Feb. 16, 1994, directs Federal agencies to promote nondiscrimination in federal programs substantially affecting human health and the environment, and provide minority and low-income communities access to public information on, and an opportunity for public participation in, matters relating to human health or the environment.
E.O. 12898 also directs agencies to identify and consider any disproportionately high and adverse human health or environmental effects that their actions might have on minority and low-income communities and provide opportunities for community input in the NEPA process.
CEQ has provided agencies with general guidance on how to meet the requirements of the E.O. as it relates to NEPA. A White House Environmental Justice Interagency Council established under E.O. 14008, Tackling the Climate Crisis at Home and Abroad, is expected to advise CEQ on ways to update E.O.
12898, including the expansion of environmental justice advice and recommendations. The White House Environmental Justice Interagency Council will advise on increasing environmental justice monitoring and enforcement.
Additionally, the 2021 DOT Order 5610.2c, U.S. Department of Transportation Actions to Address Environmental Justice in Minority Populations and Low-Income Populations May 14, 2021, describes the process for DOT agencies to incorporate environmental justice principles in programs, policies, and activities. The DOTs Environmental Justice Strategy specifies that environmental justice and fair treatment of all people means that no population be forced to bear a disproportionate burden due to transportation decisions, programs, and policies. It also defines the term minority and low-income in the context of DOTs environmental justice analyses. Minority is defined as a person who is Black, Hispanic or Latino, Asian American, American Indian or Alaskan Native, or Native Hawaiian or other Pacific Islander. Low-income is defined
12. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is subject to Executive Order 13045 62 FR 19885, Apr. 23, 1997 because it is an economically significant regulatory action as defined by E.O. 12866, and NHTSA has reason to believe that the environmental health and safety risks related to this action, although small, may have a disproportionate effect on children.
Specifically, children are more vulnerable to adverse health effects related to mobile source emissions, as well as to the potential long-term impacts of climate change. Pursuant to E.O. 13045, NHTSA must prepare an evaluation of the environmental health or safety effects of the planned regulation on children and an explanation of why the planned regulation is preferable to other potentially effect and reasonably feasible alternatives considered by NHTSA. Further, this analysis may be included as part of any other required analysis.
All of the action alternatives would reduce CO2 emissions relative to the baseline and thus have positive effects on mitigating global climate change, and thus environmental and health effects associated with climate change. While environmental and health effects associated with criteria pollutant and toxic air pollutant emissions vary over time and across alternatives, negative effects, when estimated, are extremely small. This preamble and the SEIS
discuss air quality, climate change, and their related environmental and health effects, noting where these would disproportionately affect children. In addition, Section VI of this preamble explains why NHTSA believes that the
572 Classified in NAICS under Subsector 336
Transportation Equipment Manufacturing for Automobile Manufacturing 336111, Light Truck
336112, and Heavy Duty Truck Manufacturing 336120. https www.sba.gov/document/support-table-size-standards.

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proposed standards are preferable to other alternatives considered.
E. 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. No regulatory flexibility analysis is required if the head of an agency certifies the rule 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 rule will not have a significant economic impact on a substantial number of small entities.
NHTSA has considered the impacts of this proposed rule under the Regulatory Flexibility Act and certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities.
The following is NHTSAs statement providing the factual basis for this certification pursuant to 5 U.S.C. 605b.
Small businesses are defined based on the North American Industry Classification System NAICS code.572
One of the criteria for determining size is the number of employees in the firm.
For establishments primarily engaged in manufacturing or assembling automobiles, as well as light duty trucks, the firm must have less than 1,500 employees to be classified as a small business. This rule would affect motor vehicle manufacturers. As shown in Table IX1, the agency have identified 13 small manufacturers of passenger cars, light trucks, and SUVs of electric, hybrid, and internal combustion engines. NHTSA
acknowledges that some newer manufacturers may not be listed.
However, those new manufacturers tend to have transportation products that are not part of the light-duty vehicle fleet and have yet to start production of lightduty vehicles. Moreover, NHTSA does not believe that there are a substantial number of these newer companies.573

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U.S.C. 605b.

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