State Inspection Programs for Passenger-Carrier Vehicles, 68433-68434 [2022-24708]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Proposed Rules 418–1647; or Joyce Bernstein, Media Bureau, at Joyce.Bernstein@fcc.gov. SUPPLEMENTARY INFORMATION: In support of its channel substitution request, the Petitioner states that the Commission has recognized that VHF channels have certain characteristics that pose challenges for their use in providing digital television service According to the Petitioner, it has received many complaints from viewers unable to receive a reliable signal on channel 10 and that its channel sharing partner, WMFP(TV), Foxborough, Massachusetts, which is also owned by RNN, has similarly received complaints and would benefit from the proposed channel change. While an analysis using the Commission’s TVStudy software indicates that WWDP’s proposed channel substitution is predicted to create areas where viewers may lose service, all viewers in the loss area will continue to be served by at least five other full power television stations and no viewers will lose service from one of the four major television networks. This is a synopsis of the Commission’s Notice of Proposed Rulemaking, MB Docket No. 22–376; RM–11934; DA 22–1132, adopted October 27, 2022, and released October 27, 2022. The full text of this document is available for download at https:// www.fcc.gov/edocs. To request materials in accessible formats (braille, large print, computer diskettes, or audio recordings), please send an email to FCC504@fcc.gov or call the Consumer & Government Affairs Bureau at (202) 418–0530 (VOICE), (202) 418–0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601– 612, do not apply to this proceeding. Members of the public should note that all ex parte contacts are prohibited from the time a Notice of Proposed Rulemaking is issued to the time the matter is no longer subject to Commission consideration or court review, see 47 CFR 1.1208. There are, however, exceptions to this prohibition, which can be found in Section 1.1204(a) of the Commission’s rules, 47 CFR 1.1204(a). See Sections 1.415 and 1.420 of the Commission’s rules for information VerDate Sep<11>2014 17:10 Nov 14, 2022 Jkt 259001 regarding the proper filing procedures for comments, 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Television. Federal Communications Commission. Thomas Horan, Chief of Staff, Media Bureau. Proposed Rule For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73—Radio Broadcast Service 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339. § 73.622 Table of allotments. 2. In § 73.622 in paragraph (j), amend the Table of Allotments under Massachusetts by revising the entry for Norwell to read as follows: * * * * * (j) Table of TV Allotments. ■ Community * * Channel No. * * * MASSACHUSETTS * * * Norwell .................................. * * * * * * * * * 36 * * * [FR Doc. 2022–24753 Filed 11–14–22; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 350 [Docket No. FMCSA–2022–0079] State Inspection Programs for Passenger-Carrier Vehicles Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Confirmation of withdrawn advance notice of proposed rulemaking. AGENCY: FMCSA confirms its May 1, 2017, decision to withdraw its April 27, 2016, advance notice of proposed rulemaking (ANPRM) concerning the establishment of requirements for States SUMMARY: PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 68433 to implement annual inspection programs for commercial motor vehicles (CMVs) designed or used to transport passengers (passenger-carrying CMVs). On November 15, 2021, the Infrastructure Investment and Jobs Act (IIJA) was enacted, directing FMCSA to solicit additional comment on the 2016 ANPRM. The Agency solicited additional comments for 30 days, ending June 9, 2022. After reviewing the additional public comments received, FMCSA has determined there is not enough data and information available to support moving forward with a rulemaking action. DATES: FMCSA confirms the withdrawal of the ANPRM as of November 15, 2022. FOR FURTHER INFORMATION CONTACT: Ms. Sarah Stella, Chief, Regulatory Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, (202) 493– 0192, Sarah.Stella@dot.gov. If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: Background On April 27, 2016, in accordance with section 32710 of the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112–141, 126 Stat. 405, 815), FMCSA published in the Federal Register, an ANPRM titled ‘‘State Inspection Programs for Passenger-Carrier Vehicles’’ (Docket No. FMCSA–2014– 0470, 81 FR 24769). The ANPRM announced that FMCSA was considering a requirement that States establish a program for annual inspections of passenger-carrying CMVs. FMCSA requested information from all interested parties that would enable the Agency to assess the risks associated with improperly maintained or improperly inspected passengercarrying CMVs. The ANPRM also sought public comments concerning the effectiveness of the current FMCSA annual inspection standards, and data on the potential costs and benefits of a Federal requirement for each State to implement a mandatory inspection program. FMCSA inquired about how the Agency might incentivize States to adopt such programs. The comment period closed on June 27, 2016, and 22 comments were received, with a plurality (10 of 22) of commenters expressing general opposition to the mandatory State inspection requirement discussed in the ANPRM. After reviewing all the public comments, FMCSA determined there was not enough data and information available to support moving forward E:\FR\FM\15NOP1.SGM 15NOP1 68434 Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 with a rulemaking action. As a result, on May 1, 2017, the Agency withdrew the ANPRM.1 (82 FR 20311) On November 15, 2021, the IIJA was enacted, Public Law 117–58, 135 Stat. 429 (H.R. 3684, Nov. 15, 2021). Section 23008(a) directed the Agency, within 1 year after the date of enactment, to solicit additional comments on the ANPRM to determine if data and information exist to support moving forward with a rulemaking. The Agency published the request for additional comments on May 10, 2022. (87 FR 29781) The comment period closed on June 9, 2022. Discussion of Comments The Agency received 21 public comments, with 9 commenters expressing general opposition to the mandatory State inspection requirement discussed in the 2016 ANPRM. Four commenters supported the establishment of such a requirement and the remaining commenters neither wholly supported nor opposed a possible requirement. Many commenters indicated that the existing standards for annual inspections prescribed in the Federal Motor Carrier Safety Regulations, or their own programs, were sufficient. Commenters also indicated that current standards are effective at mitigating risk when properly enforced. Several commenters made their support contingent on factors such as uniformity in inspection standards, standardization of inspector training, a self-inspection option, and required reciprocity, whereby States would be required to recognize inspections conducted outside their States. Many commenters, including State agencies in Arizona, Kentucky, Minnesota, Montana, New York, Virginia, and Wisconsin, addressed questions aimed at measuring the effectiveness of inspection programs. However, none of these commenters was able to determine whether the establishment of an inspection program reduced the number of safety violations detected. Several commenters suggested that FMCSA incentivize States to establish mandatory inspection programs by providing Federal funding. The American Association of Motor Vehicle Administrators, the Commercial Vehicle Safety Alliance, and the Kentucky Transportation Cabinet noted that a mandate would be a strain on States’ resources, particularly considering the ongoing financial challenges associated 1 The ANPRM and the ANPRM withdrawal are available in the docket for this action. VerDate Sep<11>2014 17:10 Nov 14, 2022 Jkt 259001 with the coronavirus disease 2019 pandemic. FMCSA Decision After considering all the comments, FMCSA has concluded that the rationale for withdrawal of the 2016 ANPRM remains sound. The Agency is not aware of any new data or information that supports the development of a notice of proposed rulemaking to require the States to establish mandatory annual inspection programs for passengercarrying vehicles. FMCSA therefore confirms withdrawal of the 2016 ANPRM referenced above. The concerns and recommendations of all the commenters will be considered if any new proposed regulations regarding annual inspections of passengercarrying CMVs are developed. Issued under authority delegated in 49 CFR 1.87. Robin Hutcheson, Administrator. [FR Doc. 2022–24708 Filed 11–14–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 221103–0231; RTID 0648– XC422] Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2023 Bluefish Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to https://www.regulations.gov, and enter ‘‘NOAA–NMFS–2022–0102’’ in the Search box; 2. Click the ‘‘Comment’’ icon, complete the required fields; and 3. Enter or attach your comments. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). If you are unable to submit your comment through www.regulations.gov, contact Cynthia Ferrio, Fishery Policy Analyst, Cynthia.Ferrio@noaa.gov. Copies of the Supplemental Information Report (SIR) and other supporting documents for this action are available upon request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 North State Street, Dover, DE 19901. These documents are also accessible via the internet at https://www.mafmc.org/ action-archive. FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Policy Analyst, (978) 281–9180. SUPPLEMENTARY INFORMATION: Background The Mid-Atlantic Fishery Management Council (Council) and the SUMMARY: NMFS proposes specifications Atlantic States Marine Fisheries for the 2023 Atlantic bluefish fishery, as Commission (Commission) jointly recommended by the Mid-Atlantic manage the Atlantic Bluefish Fishery Fishery Management Council. This Management Plan (FMP). The FMP action is necessary to establish requires the specification of annual allowable harvest levels for the stock regulatory limits for up to three years at that will prevent overfishing and a time, including: an acceptable promote rebuilding, using the best biological catch (ABC), commercial and scientific information available. This recreational annual catch limits (ACL), rule is intended to inform the public of commercial and recreational annual the proposed fishery specifications and catch targets (ACT), a commercial quota, provide an opportunity for comment on a recreational harvest limit (RHL), and the proposed action. other management measures. This DATES: Comments must be received by action proposes adjusted bluefish November 30, 2022. specifications for the 2023 fishing year, ADDRESSES: You may submit comments based on Council and Commission on this document, identified by NOAA– recommendations. The bluefish fishery is operating NMFS–2022–0102, by the following under multi-year specifications for method: PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\15NOP1.SGM 15NOP1

Agencies

[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Proposed Rules]
[Pages 68433-68434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24708]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 350

[Docket No. FMCSA-2022-0079]


State Inspection Programs for Passenger-Carrier Vehicles

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Confirmation of withdrawn advance notice of proposed 
rulemaking.

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SUMMARY: FMCSA confirms its May 1, 2017, decision to withdraw its April 
27, 2016, advance notice of proposed rulemaking (ANPRM) concerning the 
establishment of requirements for States to implement annual inspection 
programs for commercial motor vehicles (CMVs) designed or used to 
transport passengers (passenger-carrying CMVs). On November 15, 2021, 
the Infrastructure Investment and Jobs Act (IIJA) was enacted, 
directing FMCSA to solicit additional comment on the 2016 ANPRM. The 
Agency solicited additional comments for 30 days, ending June 9, 2022. 
After reviewing the additional public comments received, FMCSA has 
determined there is not enough data and information available to 
support moving forward with a rulemaking action.

DATES: FMCSA confirms the withdrawal of the ANPRM as of November 15, 
2022.

FOR FURTHER INFORMATION CONTACT: Ms. Sarah Stella, Chief, Regulatory 
Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, (202) 493-0192, [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2016, in accordance with section 32710 of the Moving 
Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 
405, 815), FMCSA published in the Federal Register, an ANPRM titled 
``State Inspection Programs for Passenger-Carrier Vehicles'' (Docket 
No. FMCSA-2014-0470, 81 FR 24769). The ANPRM announced that FMCSA was 
considering a requirement that States establish a program for annual 
inspections of passenger-carrying CMVs. FMCSA requested information 
from all interested parties that would enable the Agency to assess the 
risks associated with improperly maintained or improperly inspected 
passenger-carrying CMVs. The ANPRM also sought public comments 
concerning the effectiveness of the current FMCSA annual inspection 
standards, and data on the potential costs and benefits of a Federal 
requirement for each State to implement a mandatory inspection program. 
FMCSA inquired about how the Agency might incentivize States to adopt 
such programs.
    The comment period closed on June 27, 2016, and 22 comments were 
received, with a plurality (10 of 22) of commenters expressing general 
opposition to the mandatory State inspection requirement discussed in 
the ANPRM. After reviewing all the public comments, FMCSA determined 
there was not enough data and information available to support moving 
forward

[[Page 68434]]

with a rulemaking action. As a result, on May 1, 2017, the Agency 
withdrew the ANPRM.\1\ (82 FR 20311)
---------------------------------------------------------------------------

    \1\ The ANPRM and the ANPRM withdrawal are available in the 
docket for this action.
---------------------------------------------------------------------------

    On November 15, 2021, the IIJA was enacted, Public Law 117-58, 135 
Stat. 429 (H.R. 3684, Nov. 15, 2021). Section 23008(a) directed the 
Agency, within 1 year after the date of enactment, to solicit 
additional comments on the ANPRM to determine if data and information 
exist to support moving forward with a rulemaking. The Agency published 
the request for additional comments on May 10, 2022. (87 FR 29781) The 
comment period closed on June 9, 2022.

Discussion of Comments

    The Agency received 21 public comments, with 9 commenters 
expressing general opposition to the mandatory State inspection 
requirement discussed in the 2016 ANPRM. Four commenters supported the 
establishment of such a requirement and the remaining commenters 
neither wholly supported nor opposed a possible requirement. Many 
commenters indicated that the existing standards for annual inspections 
prescribed in the Federal Motor Carrier Safety Regulations, or their 
own programs, were sufficient. Commenters also indicated that current 
standards are effective at mitigating risk when properly enforced. 
Several commenters made their support contingent on factors such as 
uniformity in inspection standards, standardization of inspector 
training, a self-inspection option, and required reciprocity, whereby 
States would be required to recognize inspections conducted outside 
their States.
    Many commenters, including State agencies in Arizona, Kentucky, 
Minnesota, Montana, New York, Virginia, and Wisconsin, addressed 
questions aimed at measuring the effectiveness of inspection programs. 
However, none of these commenters was able to determine whether the 
establishment of an inspection program reduced the number of safety 
violations detected.
    Several commenters suggested that FMCSA incentivize States to 
establish mandatory inspection programs by providing Federal funding. 
The American Association of Motor Vehicle Administrators, the 
Commercial Vehicle Safety Alliance, and the Kentucky Transportation 
Cabinet noted that a mandate would be a strain on States' resources, 
particularly considering the ongoing financial challenges associated 
with the coronavirus disease 2019 pandemic.

FMCSA Decision

    After considering all the comments, FMCSA has concluded that the 
rationale for withdrawal of the 2016 ANPRM remains sound. The Agency is 
not aware of any new data or information that supports the development 
of a notice of proposed rulemaking to require the States to establish 
mandatory annual inspection programs for passenger-carrying vehicles. 
FMCSA therefore confirms withdrawal of the 2016 ANPRM referenced above. 
The concerns and recommendations of all the commenters will be 
considered if any new proposed regulations regarding annual inspections 
of passenger-carrying CMVs are developed.

    Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2022-24708 Filed 11-14-22; 8:45 am]
BILLING CODE 4910-EX-P
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