Safety Fitness Determinations, 72727-72728 [2023-23303]

Download as PDF Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Proposed Rules Executive order. Therefore, this action is not subject to Executive Order 13045 because it approves a state program. subject to a requirement for Executive Order 12866 review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA (44 U.S.C. 3501 et seq.) because it does not contain any information collection activities. C. Regulatory Flexibility Act (RFA) This action is certified to not have a significant economic impact on a substantial number of small entities under the RFA (5 U.S.C. 601 et seq.). This action will approve plan revisions and accept negative declarations pursuant to CAA section 111(d) and will therefore have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This action imposes no enforceable duty on any State, local, or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). It will 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action will not apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rulemaking does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). lotter on DSK11XQN23PROD with PROPOSALS1 G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definitions of ‘‘covered regulatory action’’ in section 2–202 of the VerDate Sep<11>2014 16:17 Oct 20, 2023 Jkt 262001 H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution and Use This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. This action is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act. J. 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, 59 FR 7629, February 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The air agency did not evaluate environmental justice considerations as part of its submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. The EPA performed an environmental justice analysis, as described in the section titled ‘‘Environmental Justice Considerations’’ in this proposed rule. The analysis was done for the purpose of providing additional context and information about this rulemaking to the public, not PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 72727 as a basis of the action. Due to the nature of the action being taken here, this action is expected to have a neutral impact on the air quality of the affected area. In addition, there is no information in the record upon which this action is based inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Incorporation by reference, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: October 16, 2023. Earthea Nance, Regional Administrator, Region 6. [FR Doc. 2023–23254 Filed 10–20–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 350, 365, 385, 386, 387, and 395 [Docket No. FMCSA–2022–0003] RIN 2126–AC52 Safety Fitness Determinations Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Advance notice of proposed rulemaking (ANPRM); extension of comment period. AGENCY: FMCSA extends the comment period for its August 29, 2023, ANPRM requesting public comment on the need for a rulemaking to revise the regulations prescribing the safety fitness determination (SFD) process; the available science or technical information to analyze regulatory alternatives for determining the safety fitness of motor carriers; feedback on the Agency’s current SFD regulations, including the process and impacts; the available data and costs for regulatory alternatives reasonably likely to be considered as part of this rulemaking; and the specific questions in the ANPRM. FMCSA extends the comment period for 30 days until November 29, 2023. DATES: The comment period for the proposed rule published August 29, 2023, at 88 FR 59489, is extended. Comments should be received on or before November 29, 2023. SUMMARY: E:\FR\FM\23OCP1.SGM 23OCP1 72728 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Proposed Rules You may submit comments identified by Docket Number FMCSA– 2022–0003 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/ FMCSA-2022-0003/document. Follow the online instructions for submitting comments. • Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590– 0001. • Hand Delivery or Courier: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. • Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. Stacy Ropp, (609) 661–2062, SafetyFitnessDetermination@dot.gov. If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: FMCSA will consider all comments and material received during the comment period. I. Public Participation and Request for Comments B. Viewing Comments and Documents To view any documents mentioned as being available in the docket, go to https://www.regulations.gov/docket/ FMCSA-2022-0003/document and choose the document to review. To view comments, click the ANPRM, then click ‘‘Browse Posted Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations. ADDRESSES: lotter on DSK11XQN23PROD with PROPOSALS1 A. Submitting Comments If you submit a comment, please include the docket number for the ANPRM (FMCSA–2022–0003) and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov/document/ FMCSA-2022-0003-0005, click ‘‘Comment,’’ and type your comment into the text box on the following screen. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. VerDate Sep<11>2014 16:17 Oct 20, 2023 Jkt 262001 Confidential Business Information (CBI) CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the ANPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the ANPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as ‘‘PROPIN’’ to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the ANPRM. Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001 at brian.g.dahlin@dot.gov. At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this rulemaking. C. Privacy In accordance with 49 U.S.C. 13301(a) and 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov. As described in PO 00000 Frm 00030 Fmt 4702 Sfmt 9990 the system of records notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background FMCSA published an ANPRM on August 29, 2023, with a comment deadline of October 30, 2023 (88 FR 59489). That ANPRM discussed current SFD procedure, the 2016 notice of proposed rulemaking (NPRM),1 relevant legislation, and the status of the Safety Measurement System Program, and it requested answers to twelve specific questions along with other public comment. As of October 10, 2023, three commenters to the docket filed comments requesting extensions of the comment period: The American Trucking Associations (ATA)(https:// www.regulations.gov/comment/FMCSA2022-0003-0014), the Commercial Vehicle Safety Alliance (CVSA) (https:// www.regulations.gov/comment/FMCSA2022-0003-0016), and the American Bus Association (ABA) (https:// www.regulations.gov/comment/FMCSA2022-0003-0015). ATA and CVSA requested 30-day extensions, and the ABA requested a 60day extension. These associations cited the ‘‘complexity and breadth’’ of questions, and the timing of the request. ATA specifically cited a conference occurring towards the end of the current comment period at which it planned to solicit input from its members. The comment period for the ANPRM is scheduled to close on October 30, 2023. FMCSA believes it is in the public interest to allow for public comment for an extended period. Accordingly, FMCSA extends the comment period for all comments on the ANPRM and its related documents for 30 days, until November 29, 2023. Issued under authority delegated in 49 CFR 1.87. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2023–23303 Filed 10–20–23; 8:45 am] BILLING CODE 4910–EX–P 1 On January 21, 2016, FMCSA published in the Federal Register an NPRM titled ‘‘Carrier Safety Fitness Determination’’ (81 FR 3562, available at https://www.regulations.gov/document/FMCSA2015-0001-0076). That NPRM proposed SFDs based on the carrier’s on-road safety data; an investigation; or a combination of on-road safety data and investigation information. E:\FR\FM\23OCP1.SGM 23OCP1

Agencies

[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Proposed Rules]
[Pages 72727-72728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23303]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 365, 385, 386, 387, and 395

[Docket No. FMCSA-2022-0003]
RIN 2126-AC52


Safety Fitness Determinations

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

ACTION: Advance notice of proposed rulemaking (ANPRM); extension of 
comment period.

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

SUMMARY: FMCSA extends the comment period for its August 29, 2023, 
ANPRM requesting public comment on the need for a rulemaking to revise 
the regulations prescribing the safety fitness determination (SFD) 
process; the available science or technical information to analyze 
regulatory alternatives for determining the safety fitness of motor 
carriers; feedback on the Agency's current SFD regulations, including 
the process and impacts; the available data and costs for regulatory 
alternatives reasonably likely to be considered as part of this 
rulemaking; and the specific questions in the ANPRM. FMCSA extends the 
comment period for 30 days until November 29, 2023.

DATES: The comment period for the proposed rule published August 29, 
2023, at 88 FR 59489, is extended. Comments should be received on or 
before November 29, 2023.

[[Page 72728]]


ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0003 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0003/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Dockets Operations.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Ms. Stacy Ropp, (609) 661-2062, 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for the 
ANPRM (FMCSA-2022-0003) and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/document/FMCSA-2022-0003-0005, click ``Comment,'' and type your comment 
into the text box on the following screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    FMCSA will consider all comments and material received during the 
comment period.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the ANPRM contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
ANPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the ANPRM. Submissions containing CBI should be 
sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, Office 
of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 
at [email protected]. At this time, you need not send a duplicate 
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any 
comments FMCSA receives not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2022-0003/document and 
choose the document to review. To view comments, click the ANPRM, then 
click ``Browse Posted Comments.'' If you do not have access to the 
internet, you may view the docket online by visiting Dockets Operations 
on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

C. Privacy

    In accordance with 49 U.S.C. 13301(a) and 5 U.S.C. 553(c), DOT 
solicits comments from the public to better inform its regulatory 
process. DOT posts these comments, without edit, including any personal 
information the commenter provides, to www.regulations.gov. As 
described in the system of records notice DOT/ALL 14 (Federal Docket 
Management System (FDMS)), which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of the submitter.

II. Background

    FMCSA published an ANPRM on August 29, 2023, with a comment 
deadline of October 30, 2023 (88 FR 59489). That ANPRM discussed 
current SFD procedure, the 2016 notice of proposed rulemaking 
(NPRM),\1\ relevant legislation, and the status of the Safety 
Measurement System Program, and it requested answers to twelve specific 
questions along with other public comment.
---------------------------------------------------------------------------

    \1\ On January 21, 2016, FMCSA published in the Federal Register 
an NPRM titled ``Carrier Safety Fitness Determination'' (81 FR 3562, 
available at https://www.regulations.gov/document/FMCSA-2015-0001-0076). That NPRM proposed SFDs based on the carrier's on-road safety 
data; an investigation; or a combination of on-road safety data and 
investigation information.
---------------------------------------------------------------------------

    As of October 10, 2023, three commenters to the docket filed 
comments requesting extensions of the comment period: The American 
Trucking Associations (ATA)(https://www.regulations.gov/comment/FMCSA-2022-0003-0014), the Commercial Vehicle Safety Alliance (CVSA) (https://www.regulations.gov/comment/FMCSA-2022-0003-0016), and the American 
Bus Association (ABA) (https://www.regulations.gov/comment/FMCSA-2022-0003-0015).
    ATA and CVSA requested 30-day extensions, and the ABA requested a 
60-day extension. These associations cited the ``complexity and 
breadth'' of questions, and the timing of the request. ATA specifically 
cited a conference occurring towards the end of the current comment 
period at which it planned to solicit input from its members.
    The comment period for the ANPRM is scheduled to close on October 
30, 2023. FMCSA believes it is in the public interest to allow for 
public comment for an extended period. Accordingly, FMCSA extends the 
comment period for all comments on the ANPRM and its related documents 
for 30 days, until November 29, 2023.

    Issued under authority delegated in 49 CFR 1.87.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2023-23303 Filed 10-20-23; 8:45 am]
BILLING CODE 4910-EX-P

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