Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits, 77010-77014 [2023-24448]
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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations
The
proposed rule was published at 88 FR
60611 on September 5, 2023. The
Petitioner filed comments in support of
the petition reaffirming its commitment
to apply for channel *34. No other
comments were received.
The Bureau believes the public
interest would be served by substituting
channel *34 for channel *11 at Des
Moines. Petitioner asserts that the
channel substitution from a VHF to UHF
channel would serve the public interest
by resolving viewer reception
challenges and significantly improving
the Station’s over-the-air service to the
viewers in its existing service area.
Petitioner includes with its Petition a
number of viewer complaints
highlighting current reception problems.
Petitioner states that the Commission
has recognized that VHF channels pose
challenges for their use in providing
digital television service, including
propagation characteristics that allow
undesired signals and noise to be
receivable at relatively far distances and
large variability in the performance of
indoor antennas available to viewers,
with most antennas performing very
poorly on high VHF channels. An
engineering statement provided by the
Petitioner confirms that the proposed
channel *34 contour would provide full
principal community coverage to Des
Moines. The proposed move from
channel *11 to channel *34 is also
predicted not to create a loss of service
to any viewers, and will increase the
area covered while serving the
population with higher signal levels,
according to the engineering statement.
Petitioner acknowledges that the
proposed channel substitution would
not meet the distance separation
requirements regarding the vacant
channel *34 allotment at Ames. As a
result, Petitioner requests that
simultaneously with the substitution of
channel *34 at Des Moines, we delete
the vacant channel *34 allotment at
Ames and substitute it with the
allotment of vacant channel *21 to
Ames. As stated in its supplemental
engineering statement, the proposed
channel *21 is described as meeting the
distance criteria found in § 73.623(d) of
the rules, and an analysis using the
Commission’s TVStudy software is
provided showing no interference to any
other station or allotment.
This is a synopsis of the
Commission’s Report and Order, MB
Docket No. 23–296; RM–11964; DA 23–
1030, adopted November 1, 2023, and
released November 1, 2023. The full text
of this document is available for
download at https://www.fcc.gov/edocs.
To request materials in accessible
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SUPPLEMENTARY INFORMATION:
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formats for people with disabilities
(braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer &
Governmental 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.
The Commission will send a copy of
the Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
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.
2. In § 73.622(j), amend the Table of
TV Allotments, under ‘‘Iowa,’’ by
revising the entries for ‘‘Ames’’ and
‘‘Des Moines’’ to read as follows:
■
§ 73.622 Digital television table of
allotments.
*
*
*
(j) * * *
*
*
Community
*
Channel No.
*
*
*
*
Iowa
Ames ................
5, *21, 23
*
*
Des Moines ......
*
*
8, 13, 16, 19, *34
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*
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[FR Doc. 2023–24652 Filed 11–7–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 385
[Docket No. FMCSA–2023–0122]
RIN 2126–AC61
Incorporation by Reference; North
American Standard Out-of-Service
Criteria; Hazardous Materials Safety
Permits
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
AGENCY:
FMCSA amends its
Hazardous Materials Safety Permit
(HMSP) regulations to incorporate by
reference the updated Commercial
Vehicle Safety Alliance (CVSA)
handbook containing inspection
procedures and out-of-service criteria
(OOSC) for inspections of shipments of
transuranic waste and highway routecontrolled quantities (HRCQs) of
radioactive material (RAM). The OOSC
provide enforcement personnel
nationwide, including FMCSA’s State
partners, with uniform enforcement
tolerances for inspections. Currently,
the regulations reference the April 1,
2022, edition of the handbook. Through
this rule, FMCSA incorporates by
reference the April 1, 2023, edition.
DATES: Effective December 8, 2023. The
incorporation by reference of the
material described in the rule is
approved by the Director of the Federal
Register as of December 8, 2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose´ Cestero, Vehicle and Roadside
Operations Division, FMCSA, 1200 New
Jersey Avenue SE, Washington, DC
20590–0001, (202) 366–5541,
jose.cestero@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION: FMCSA
organizes this final rule as follows:
SUMMARY:
I. Availability of Rulemaking Documents
II. Executive Summary
III. Abbreviations
IV. Legal Basis for the Rulemaking
V. Background
VI. Discussion of Proposed Rulemaking and
Comments
A. Proposed Rulemaking
B. Comments and Responses
VII. Severability
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VIII. Section-by-Section Analysis
IX. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving
Regulation and Regulatory Review), E.O.
14094 (Modernizing Regulatory Review),
and DOT Regulatory Policies and
Procedures
B. Congressional Review Act
C. Regulatory Flexibility Act (Small
Entities)
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of
1969
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I. Availability of Rulemaking
Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2023-0122/document and
choose the document to review. To view
comments, click this final rule, then
click ‘‘Browse Comments.’’ If you do not
have access to the internet, you may
view the docket online by visiting
Dockets Operations at U.S. Department
of Transportation 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.
II. Executive Summary
This final rule updates an
incorporation by reference found at 49
CFR 385.4(b)(1) and referenced at
§ 385.415(b). The provision at
§ 385.4(b)(1) currently references the
April 1, 2022, edition of CVSA’s
handbook titled ‘‘North American
Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Outof-Service Criteria for Commercial
Highway Vehicles Transporting
Transuranics and Highway Route
Controlled Quantities of Radioactive
Materials as defined in 49 CFR part
173.403.’’ The CVSA handbook contains
inspection procedures and OOSC for
inspections of shipments of transuranic
waste and HRCQs of RAM. The OOSC,
while not regulations, provide
enforcement personnel nationwide,
including FMCSA’s State partners, with
uniform enforcement tolerances for
inspections. The material is available,
and will continue to be available, for
inspection at the FMCSA, Office of
Safety, 1200 New Jersey Avenue SE,
Washington, DC 20590 (Attention:
Chief, Compliance Division) at (202)
366–1812. The document may be
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purchased from the Commercial Vehicle
Safety Alliance, 6303 Ivy Lane, Suite
310, Greenbelt, MD 20770, (301) 830–
6143, www.cvsa.org.
Nine updates distinguish the April 1,
2023, handbook edition from the 2022
edition. The updates are all described in
detail in the July 24, 2023, notice of
proposed rulemaking (NPRM) for this
rule (88 FR 47437). The incorporation
by reference of the 2023 edition does
not impose new regulatory
requirements.
III. Abbreviations
CDL Commercial Driver’s License
CFR Code of Federal Regulations
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety
Administration
FMCSRs Federal Motor Carrier Safety
Regulations
FR Federal Register
HMSP Hazardous Materials Safety Permit
HRCQs Highway route-controlled quantities
MCMIS Motor Carrier Management
Information System
OOS Out-of-Service
OOSC Out-of-Service Criteria
RAM Radioactive material
RFA Regulatory Flexibility Act
UMRA The Unfunded Mandates Reform
Act of 1995
U.S.C. United States Code
IV. Legal Basis for the Rulemaking
Congress has enacted several statutory
provisions to ensure the safe
transportation of hazardous materials in
interstate commerce. Specifically, in
provisions codified at 49 U.S.C. 5105(d),
relating to inspections of motor vehicles
carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier
safety permits (hereinafter ‘‘HMSPs’’),
the Secretary of Transportation is
required to promulgate regulations as
part of a comprehensive safety program
on HMSPs. The FMCSA Administrator
has been delegated authority under 49
U.S.C. 113(f) and 49 Code of Federal
Regulations (CFR) 1.87(d)(2) to carry out
the functions vested in the Secretary of
Transportation related to HMSPs.
Consistent with that authority, FMCSA
has promulgated regulations under 49
CFR part 385, subpart E to address the
congressional mandate on HMSPs.
Those regulations are the underlying
provisions to which the material
incorporated by reference discussed in
this rule is applicable.
V. Background
In 1986, the U.S. Department of
Energy and CVSA entered into a
cooperative agreement to develop a
higher level of inspection procedures,
out-of-service (OOS) conditions and/or
criteria, an inspection decal, and a
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training and certification program for
inspectors to conduct inspections on
shipments of transuranic waste and
HRCQs of RAM. CVSA developed the
North American Standard Level VI
Inspection Program for Transuranic
Waste and Highway Route Controlled
Quantities of Radioactive Material. This
inspection program for select
radiological shipments includes
inspection procedures, enhancements to
the North American Standard Level I
Inspection, radiological surveys, CVSA
Level VI decal requirements, and the
‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403.’’ As of January 1,
2005, all vehicles and carriers
transporting HRCQs of RAM are
regulated by the U.S. Department of
Transportation. All HRCQs of RAM
must pass the North American Standard
Level VI Inspection prior to the
shipment being allowed to travel in the
United States. All highway routecontrolled quantities of RAM shipments
entering the United States must also
pass the North American Standard Level
VI Inspection either at the shipment’s
point of origin or when the shipment
enters the United States.
Operational requirements for motor
carriers transporting hazardous
materials for which a HMSP is required
are prescribed by § 385.415. Section
385.415(b) requires that motor carriers
ensure a pre-trip inspection is
performed on each motor vehicle to be
used to transport a HRCQ of a Class 7
(radioactive) material, in accordance
with the requirements of CVSA’s
handbook titled ‘‘North American
Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Outof-Service Criteria for Commercial
Highway Vehicles Transporting
Transuranics and Highway Route
Controlled Quantities of Radioactive
Materials as defined in 49 CFR part
173.403.’’
According to 2019 through 2022 data
from FMCSA’s Motor Carrier
Management Information System
(MCMIS), approximately 3 million Level
I through Level VI inspections were
performed annually. Nearly 96.3 percent
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of these were Level I,1 Level II,2 and
Level III 3 inspections. During the same
period, an average of 756 Level VI
inspections were performed annually,
comprising only 0.03 percent of all
inspections. On average, OOS violations
were cited in only 6 Level VI
inspections annually (0.8 percent),
whereas on average, OOS violations
were cited in 233,259 Level I
inspections (26 percent), 264,926 Level
II inspections (26 percent), and 57,990
Level III inspections (6 percent)
annually. As these statistics
demonstrate, OOS violations are cited in
a far lower percentage of Level VI
inspections than Level I, II, and III
inspections, due largely to the enhanced
oversight and inspection of these
vehicles because of the sensitive nature
of the cargo being transported.
The changes to the 2023 edition of the
CVSA handbook are intended to ensure
clarity in the presentation of the OOS
conditions and are generally editorial or
ministerial. As discussed below,
FMCSA does not expect the changes
made in the 2023 edition of the CVSA
handbook to affect the number of OOS
violations cited during Level VI
inspections.
VI. Discussion of Proposed Rulemaking
and Comments
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A. Proposed Rulemaking
FMCSA published an NPRM on July
24, 2023 (88 FR 47437). Because the
incorporation by reference found at
§ 385.4(b)(1) and referenced at
§ 385.415(b) references the outdated
April 1, 2022, edition of CVSA’s ‘‘North
American Standard Out-of-Service
Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403,’’ the NPRM proposed
to incorporate by reference the current
April 1, 2023, edition. Nine updates
distinguish the April 1, 2023, edition
from the 2022 edition. Each of the
changes was described and discussed in
detail in the NPRM. Generally, the
changes serve to clarify or provide
additional guidance to inspectors
1 Level I is a 37-step inspection procedure that
involves examination of the motor carrier’s and
driver’s credentials, record of duty status, the
mechanical condition of the vehicle, and any
hazardous materials/dangerous goods that may be
present.
2 Level II is a driver and walk-around vehicle
inspection, involving the inspection of items that
can be checked without physically getting under
the vehicle.
3 Level III is a driver-only inspection that
includes examination of the driver’s credentials and
documents.
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regarding uniform implementation and
application of the OOSC, and none is
expected to affect the number of OOS
violations cited during Level VI
inspections. The incorporation by
reference of the 2023 edition does not
change what constitutes a violation of
FMCSA regulations.
B. Comments to the NPRM
FMCSA solicited comments
concerning the NPRM for 30 days
ending August 23, 2023. By that date,
two comments were received: one from
a private citizen supporting the NPRM,
and one from CVSA, which commended
FMCSA for publishing the NPRM and
encouraged the Agency to finalize the
rule and update the incorporation by
reference.
VII. Severability
Congress authorized DOT by statute to
promote safe transportation of
hazardous materials in interstate
commerce by prescribing, among other
things, regulations and minimum
standards for practices, methods, and
procedures for inspections and safety
permits for motor vehicles carrying
certain hazardous materials (49 U.S.C.
5105(d); 49 U.S.C. 5109). The purpose of
this rule is to incorporate by reference
the 2023 edition of the CVSA handbook
outlining the OOSC and inspection
procedures for commercial highway
vehicles transporting RAM. The
provisions within the CVSA handbook
are intended to operate holistically in
addressing a range of issues necessary to
ensure the safe transport of hazardous
materials. However, FMCSA recognizes
that certain provisions focus on unique
topics. Therefore, FMCSA finds that the
various provisions within the CVSA
handbook are severable and able to
operate functionally if one or more
provisions were rendered null or
otherwise eliminated. The remaining
provision or provisions within the
handbook will continue to operate
functionally if any one or more
provisions were invalidated and any
other provision(s) remained. In the
event a court were to invalidate one or
more of the CVSA handbook’s unique
provisions, the remaining provisions
should stand, thus allowing this
congressionally mandated program to
continue to operate.
VIII. Section-by-Section Analysis
Section 385.4
Reference
Matter Incorporated by
Section 385.4(b)(1), as amended on
December 22, 2022, references the April
1, 2022, edition of the CVSA handbook.
This final rule replaces the reference to
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the April 1, 2022, edition date with a
reference to the new edition date of
April 1, 2023.
X. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and
DOT Regulatory Policies and Procedures
FMCSA has considered the impact of
this final rule under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory
Planning and Review, E.O. 13563 (76 FR
3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, E.O.
14094 (88 FR 21879, Apr. 11, 2023),
Modernizing Regulatory Review, and
DOT’s regulatory policies and
procedures. The Office of Information
and Regulatory Affairs within the Office
of Management and Budget (OMB)
determined that this final rule is not a
significant regulatory action under
section 3(f) of E.O. 12866, as
supplemented by E.O. 13563 and E.O.
14094, and does not require an
assessment of potential costs and
benefits under section 6(a)(3) of that
order. Accordingly, OMB has not
reviewed it under that E.O.
The final rule updates an
incorporation by reference from the
April 1, 2022, edition to the April 1,
2023, edition of CVSA’s handbook titled
‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403.’’ FMCSA reviewed its
MCMIS data on inspections performed
from 2019 to 2022 and does not expect
the handbook updates to have any effect
on the number of OOS violations cited
during Level VI inspections. Therefore,
the final rule’s impact would de
minimis.
B. Congressional Review Act
This rule is not a major rule as
defined under the Congressional Review
Act (5 U.S.C. 801–808).4
4 A major rule means any rule that OMB finds has
resulted in or is likely to result in (a) an annual
effect on the economy of $100 million or more; (b)
a major increase in costs or prices for consumers,
individual industries, geographic regions, Federal,
State, or local government agencies; or (c)
significant adverse effects on competition,
employment, investment, productivity, innovation,
or on the ability of United States-based enterprises
to compete with foreign-based enterprises in
domestic and export markets (5 U.S.C. 802(4)).
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) (RFA), as amended
by the Small Business Regulatory
Enforcement Fairness Act of 1996,5
requires Federal agencies to consider
the effects of the regulatory action on
small business and other small entities
and to minimize any significant
economic impact. The term small
entities comprises small businesses and
not-for-profit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000 (5 U.S.C.
601(6)). Accordingly, DOT policy
requires an analysis of the impact of all
regulations on small entities, and
mandates that agencies strive to lessen
any adverse effects on these businesses.
None of the updates from the 2023
edition impose new requirements or
make substantive changes to the
FMCSRs.
When an Agency issues a final rule,
the RFA requires the Agency to
‘‘prepare a final regulatory flexibility
analysis’’ that will describe the impact
of the final rule on small entities (5
U.S.C. 604(a)). Section 605 of the RFA
allows an agency to certify a rule,
instead of preparing an analysis, if the
final rule is not expected to impact a
substantial number of small entities.
This rule updates an incorporation by
reference found at § 385.4(b)(1) and
referenced at § 385.415(b), and
incorporates by reference the April 1,
2023, edition of the CVSA handbook.
The changes to the 2023 edition of the
CVSA handbook from the 2022 edition
are intended to ensure clarity in the
presentation of the OOS conditions and
are generally editorial or ministerial. As
noted above, FMCSA does not expect
the changes made in the 2023 edition of
the CVSA handbook to affect the
number of OOS violations cited during
Level VI inspections in the United
States. Accordingly, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities.
D. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121, 110 Stat. 857), FMCSA
wants to assist small entities in
understanding this rulemaking so they
can better evaluate its effects on
themselves and participate in the
rulemaking initiative. If the final rule
affects your small business,
5 Public Law 104–121, 110 Stat. 857, (Mar. 29,
1996).
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organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business Administration’s
Small Business and Agriculture
Regulatory Enforcement Ombudsman
(Office of the National Ombudsman, see
https://www.sba.gov/about-sba/
oversight-advocacy/office-nationalombudsman) and the Regional Small
Business Regulatory Fairness Boards.
The Ombudsman evaluates these
actions annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of FMCSA, call 1–888–REG–
FAIR (1–888–734–3247). DOT has a
policy regarding the rights of small
entities to regulatory enforcement
fairness and an explicit policy against
retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) (UMRA)
requires Federal agencies to assess the
effects of their discretionary regulatory
actions.
The Act addresses actions that may
result in the expenditure by a State,
local, or Tribal government, in the
aggregate, or by the private sector of
$192 million (which is the value
equivalent of $100 million in 1995,
adjusted for inflation to 2022 levels) or
more in any 1 year. Though this
rulemaking will not result in such an
expenditure, and the analytical
requirements of UMRA do not apply as
a result, the Agency discusses the effects
of this rule elsewhere in this preamble.
F. Paperwork Reduction Act
This rulemaking contains no new
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism
under section 1(a) of E.O. 13132 if it has
‘‘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.’’
FMCSA has determined that this
rulemaking does not have substantial
direct costs on or for States, nor does it
limit the policymaking discretion of
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77013
States. Nothing in this document
preempts any State law or regulation.
Therefore, this rulemaking does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Impact Statement.
H. Privacy
The Consolidated Appropriations Act,
2005,6 requires the Agency to assess the
privacy impact of a regulation that will
affect the privacy of individuals. This
rulemaking does not require the
collection of personally identifiable
information.
I. E.O. 13175 (Indian Tribal
Governments)
This rule does not have Tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
J. National Environmental Policy Act of
1969
FMCSA analyzed this rule pursuant to
the National Environmental Policy Act
of 1969 (42 U.S.C. 4321, et seq.) and
determined this action is categorically
excluded from further analysis and
documentation in an environmental
assessment or environmental impact
statement under FMCSA Order 5610.1
(69 FR 9680), Appendix 2, paragraph
6(b). This Categorical Exclusion (CE)
covers minor revisions to regulations.
The requirements in this rulemaking are
covered by this CE.
List of Subjects in 49 CFR 385
Administrative practice and
procedure, Highway safety,
Incorporation by reference, Mexico,
Motor carriers, Motor vehicle safety,
Reporting and recordkeeping
requirements.
In consideration of the foregoing,
FMCSA amends 49 CFR chapter III, part
385, as set forth below:
PART 385—SAFETY FITNESS
PROCEDURES
1. The authority citation for part 385
continues to read as follows:
■
Authority: 49 U.S.C. 113, 504, 521(b),
5105(d), 5109, 5113, 13901–13905, 13908,
31135, 31136, 31144, 31148, 31151, 31502;
sec. 113(a), Pub. L. 103–311, 108 Stat. 1673,
6 Public Law 108–447, 118 Stat. 2809, 3268, note
following 5 U.S.C. 552a (Dec. 4, 2014).
E:\FR\FM\08NOR1.SGM
08NOR1
77014
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations
1676; sec. 408, Pub. L. 104–88, 109 Stat. 803,
958; sec. 350, Pub. L. 107–87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114–94, 129 Stat.
1312, 1537; and 49 CFR 1.87.
2. Amend § 385.4 by revising
paragraph (b)(1) to read as follows:
■
§ 385.4
Matter incorporated by reference.
*
*
*
*
*
(b) * * *
(1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403,’’ April 1, 2023;
incorporation by reference approved for
§ 385.415(b).
*
*
*
*
*
Issued under authority delegated in 49 CFR
1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2023–24448 Filed 11–7–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2022–0100;
FXES11130600000–223–FF06E00000]
RIN 1018–BG79
Endangered and Threatened Wildlife
and Plants; Establishment of a
Nonessential Experimental Population
of the Gray Wolf in Colorado
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), establish a
nonessential experimental population
(NEP) of the gray wolf (Canis lupus) in
the State of Colorado, under the
Endangered Species Act of 1973, as
amended (Act). The State of Colorado
(Colorado Parks and Wildlife or CPW)
requested that the Service establish an
NEP in conjunction with their State-led
gray wolf reintroduction effort.
Establishment of this NEP provides for
allowable, legal, purposeful, and
incidental taking of the gray wolf within
a defined NEP area while concurrently
providing for the conservation of the
species. The geographic boundary of the
NEP is the entire State of Colorado. The
best available data indicate that
reintroduction of the gray wolf into
Colorado is biologically feasible and
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:53 Nov 07, 2023
Jkt 262001
will promote the conservation of the
species.
DATES: This rule is effective December 8,
2023.
ADDRESSES: This final rule, public
comments on our February 17, 2023,
proposed rule, a final environmental
impact statement, and the record of
decision, are available on the internet at
https://www.regulations.gov at Docket
No. FWS–R6–ES–2022–0100.
Information Collection Requirements:
Written comments and suggestions on
the information collection requirements
may be submitted at any time to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike,
MS: PRB (JAO/3W), Falls Church, VA
22041–3803 (mail); or Info_Coll@fws.gov
(email). Please reference ‘‘OMB Control
Number 1018–BG79’’ in the subject line
of your comments.
FOR FURTHER INFORMATION CONTACT:
Liisa Niva, Acting Field Supervisor,
U.S. Fish and Wildlife Service, Colorado
Ecological Services Field Office, 134
Union Boulevard, Suite 670, Lakewood,
CO 80228; telephone 303–236–4773.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: The
Service is establishing a nonessential
experimental population (NEP) of the
gray wolf (Canis lupus) in the State of
Colorado, under section 10(j) of the Act.
Previous Federal Actions
Please refer to the proposed section
10(j) rule for the gray wolf in Colorado
published on February 17, 2023 (88 FR
10258), for a detailed description of
previous Federal actions concerning this
species.
Peer Review
In accordance with our joint policy on
peer review published in the Federal
Register on July 1, 1994 (59 FR 34270),
and our August 22, 2016, memorandum
updating and clarifying the role of peer
review, we solicited independent
scientific review of the proposed rule.
We invited seven independent peer
reviewers and received four responses.
The peer reviews can be found at
https://www.regulations.gov and https://
fws.gov/library/categories/peer-reviewplans. In preparing this final rule, we
incorporated the results of these
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
reviews, as appropriate, into this final
rule. A summary of the peer review
comments, and our responses can be
found in the Summary of Comments
and Recommendations below.
Summary of Changes From the
Proposed Rule
As a result of comments, additional
data received during the comment
period, and additional analysis, several
changes were made to the rule we
proposed on February 17, 2023 (88 FR
10258). In this final rule, we:
• Improved consistency with the
State of Colorado’s Wolf Restoration and
Management Plan (State Plan) (CPW
2023b, entire) by clarifying that take of
gray wolves attacking pets is not
excepted but take of gray wolves that are
attacking ‘‘working dogs,’’ or dogs that
guard or herd livestock, is excepted.
• Recognized the sovereignty of
Tribal nations by adding a provision to
allow take of gray wolves that are
significantly impacting ungulate
populations on Tribal reservation lands
of the Ute Mountain Ute and Southern
Ute Tribes in the State of Colorado.
• Changed several terms: In regard to
justification for written take
authorization, ‘‘shoot-on-sight’’ is now
‘‘depredation’’; we have changed
references in the proposed rule from
‘‘problem wolves’’ to ‘‘depredating’’
wolves; and ‘‘sport hunting’’ is now
‘‘recreational harvest.’’
• Clarified that a ‘‘designated agent’’
is an employee of a Federal, State, or
Tribal agency who is authorized or
directed by the Service to conduct
management activities for the gray wolf.
• Removed the term ‘‘relocate’’ from
the definition of ‘‘remove.’’
• Removed the term ‘‘substantial
income’’ from the definition of
‘‘livestock producer.’’
• Clarified that take would not be
excepted if there is any evidence of
baiting of gray wolves, including the use
of unusual attractants, artificial feeding,
or intentional feeding.
Summary of Comments and
Recommendations
In the proposed rule published on
February 17, 2023 (88 FR 10258), we
requested that all interested parties
submit written comments on the
proposal by April 18, 2023. We also
contacted appropriate Federal and State
agencies, scientific experts and
organizations, and other interested
parties and invited them to comment on
the proposal. We held public
information meetings to present
information and obtain feedback on
March 14, 15, 16, 22, and 28, 2023. We
issued news releases and posted them
E:\FR\FM\08NOR1.SGM
08NOR1
]]>Agencies
[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 77010-77014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24448]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 385
[Docket No. FMCSA-2023-0122]
RIN 2126-AC61
Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA amends its Hazardous Materials Safety Permit (HMSP)
regulations to incorporate by reference the updated Commercial Vehicle
Safety Alliance (CVSA) handbook containing inspection procedures and
out-of-service criteria (OOSC) for inspections of shipments of
transuranic waste and highway route-controlled quantities (HRCQs) of
radioactive material (RAM). The OOSC provide enforcement personnel
nationwide, including FMCSA's State partners, with uniform enforcement
tolerances for inspections. Currently, the regulations reference the
April 1, 2022, edition of the handbook. Through this rule, FMCSA
incorporates by reference the April 1, 2023, edition.
DATES: Effective December 8, 2023. The incorporation by reference of
the material described in the rule is approved by the Director of the
Federal Register as of December 8, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] Cestero, Vehicle and
Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, (202) 366-5541, [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows:
I. Availability of Rulemaking Documents
II. Executive Summary
III. Abbreviations
IV. Legal Basis for the Rulemaking
V. Background
VI. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
B. Comments and Responses
VII. Severability
[[Page 77011]]
VIII. Section-by-Section Analysis
IX. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures
B. Congressional Review Act
C. Regulatory Flexibility Act (Small Entities)
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of 1969
I. Availability of Rulemaking Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2023-0122/document and
choose the document to review. To view comments, click this final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
at U.S. Department of Transportation 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.
II. Executive Summary
This final rule updates an incorporation by reference found at 49
CFR 385.4(b)(1) and referenced at Sec. 385.415(b). The provision at
Sec. 385.4(b)(1) currently references the April 1, 2022, edition of
CVSA's handbook titled ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' The CVSA handbook contains inspection procedures
and OOSC for inspections of shipments of transuranic waste and HRCQs of
RAM. The OOSC, while not regulations, provide enforcement personnel
nationwide, including FMCSA's State partners, with uniform enforcement
tolerances for inspections. The material is available, and will
continue to be available, for inspection at the FMCSA, Office of
Safety, 1200 New Jersey Avenue SE, Washington, DC 20590 (Attention:
Chief, Compliance Division) at (202) 366-1812. The document may be
purchased from the Commercial Vehicle Safety Alliance, 6303 Ivy Lane,
Suite 310, Greenbelt, MD 20770, (301) 830-6143, www.cvsa.org.
Nine updates distinguish the April 1, 2023, handbook edition from
the 2022 edition. The updates are all described in detail in the July
24, 2023, notice of proposed rulemaking (NPRM) for this rule (88 FR
47437). The incorporation by reference of the 2023 edition does not
impose new regulatory requirements.
III. Abbreviations
CDL Commercial Driver's License
CFR Code of Federal Regulations
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
HMSP Hazardous Materials Safety Permit
HRCQs Highway route-controlled quantities
MCMIS Motor Carrier Management Information System
OOS Out-of-Service
OOSC Out-of-Service Criteria
RAM Radioactive material
RFA Regulatory Flexibility Act
UMRA The Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
IV. Legal Basis for the Rulemaking
Congress has enacted several statutory provisions to ensure the
safe transportation of hazardous materials in interstate commerce.
Specifically, in provisions codified at 49 U.S.C. 5105(d), relating to
inspections of motor vehicles carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier safety permits (hereinafter
``HMSPs''), the Secretary of Transportation is required to promulgate
regulations as part of a comprehensive safety program on HMSPs. The
FMCSA Administrator has been delegated authority under 49 U.S.C. 113(f)
and 49 Code of Federal Regulations (CFR) 1.87(d)(2) to carry out the
functions vested in the Secretary of Transportation related to HMSPs.
Consistent with that authority, FMCSA has promulgated regulations under
49 CFR part 385, subpart E to address the congressional mandate on
HMSPs. Those regulations are the underlying provisions to which the
material incorporated by reference discussed in this rule is
applicable.
V. Background
In 1986, the U.S. Department of Energy and CVSA entered into a
cooperative agreement to develop a higher level of inspection
procedures, out-of-service (OOS) conditions and/or criteria, an
inspection decal, and a training and certification program for
inspectors to conduct inspections on shipments of transuranic waste and
HRCQs of RAM. CVSA developed the North American Standard Level VI
Inspection Program for Transuranic Waste and Highway Route Controlled
Quantities of Radioactive Material. This inspection program for select
radiological shipments includes inspection procedures, enhancements to
the North American Standard Level I Inspection, radiological surveys,
CVSA Level VI decal requirements, and the ``North American Standard
Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-
Service Criteria for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities of Radioactive
Materials as defined in 49 CFR part 173.403.'' As of January 1, 2005,
all vehicles and carriers transporting HRCQs of RAM are regulated by
the U.S. Department of Transportation. All HRCQs of RAM must pass the
North American Standard Level VI Inspection prior to the shipment being
allowed to travel in the United States. All highway route-controlled
quantities of RAM shipments entering the United States must also pass
the North American Standard Level VI Inspection either at the
shipment's point of origin or when the shipment enters the United
States.
Operational requirements for motor carriers transporting hazardous
materials for which a HMSP is required are prescribed by Sec. 385.415.
Section 385.415(b) requires that motor carriers ensure a pre-trip
inspection is performed on each motor vehicle to be used to transport a
HRCQ of a Class 7 (radioactive) material, in accordance with the
requirements of CVSA's handbook titled ``North American Standard Out-
of-Service Criteria and Level VI Inspection Procedures and Out-of-
Service Criteria for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities of Radioactive
Materials as defined in 49 CFR part 173.403.''
According to 2019 through 2022 data from FMCSA's Motor Carrier
Management Information System (MCMIS), approximately 3 million Level I
through Level VI inspections were performed annually. Nearly 96.3
percent
[[Page 77012]]
of these were Level I,\1\ Level II,\2\ and Level III \3\ inspections.
During the same period, an average of 756 Level VI inspections were
performed annually, comprising only 0.03 percent of all inspections. On
average, OOS violations were cited in only 6 Level VI inspections
annually (0.8 percent), whereas on average, OOS violations were cited
in 233,259 Level I inspections (26 percent), 264,926 Level II
inspections (26 percent), and 57,990 Level III inspections (6 percent)
annually. As these statistics demonstrate, OOS violations are cited in
a far lower percentage of Level VI inspections than Level I, II, and
III inspections, due largely to the enhanced oversight and inspection
of these vehicles because of the sensitive nature of the cargo being
transported.
---------------------------------------------------------------------------
\1\ Level I is a 37-step inspection procedure that involves
examination of the motor carrier's and driver's credentials, record
of duty status, the mechanical condition of the vehicle, and any
hazardous materials/dangerous goods that may be present.
\2\ Level II is a driver and walk-around vehicle inspection,
involving the inspection of items that can be checked without
physically getting under the vehicle.
\3\ Level III is a driver-only inspection that includes
examination of the driver's credentials and documents.
---------------------------------------------------------------------------
The changes to the 2023 edition of the CVSA handbook are intended
to ensure clarity in the presentation of the OOS conditions and are
generally editorial or ministerial. As discussed below, FMCSA does not
expect the changes made in the 2023 edition of the CVSA handbook to
affect the number of OOS violations cited during Level VI inspections.
VI. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
FMCSA published an NPRM on July 24, 2023 (88 FR 47437). Because the
incorporation by reference found at Sec. 385.4(b)(1) and referenced at
Sec. 385.415(b) references the outdated April 1, 2022, edition of
CVSA's ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403,'' the NPRM proposed to incorporate by reference the current
April 1, 2023, edition. Nine updates distinguish the April 1, 2023,
edition from the 2022 edition. Each of the changes was described and
discussed in detail in the NPRM. Generally, the changes serve to
clarify or provide additional guidance to inspectors regarding uniform
implementation and application of the OOSC, and none is expected to
affect the number of OOS violations cited during Level VI inspections.
The incorporation by reference of the 2023 edition does not change what
constitutes a violation of FMCSA regulations.
B. Comments to the NPRM
FMCSA solicited comments concerning the NPRM for 30 days ending
August 23, 2023. By that date, two comments were received: one from a
private citizen supporting the NPRM, and one from CVSA, which commended
FMCSA for publishing the NPRM and encouraged the Agency to finalize the
rule and update the incorporation by reference.
VII. Severability
Congress authorized DOT by statute to promote safe transportation
of hazardous materials in interstate commerce by prescribing, among
other things, regulations and minimum standards for practices, methods,
and procedures for inspections and safety permits for motor vehicles
carrying certain hazardous materials (49 U.S.C. 5105(d); 49 U.S.C.
5109). The purpose of this rule is to incorporate by reference the 2023
edition of the CVSA handbook outlining the OOSC and inspection
procedures for commercial highway vehicles transporting RAM. The
provisions within the CVSA handbook are intended to operate
holistically in addressing a range of issues necessary to ensure the
safe transport of hazardous materials. However, FMCSA recognizes that
certain provisions focus on unique topics. Therefore, FMCSA finds that
the various provisions within the CVSA handbook are severable and able
to operate functionally if one or more provisions were rendered null or
otherwise eliminated. The remaining provision or provisions within the
handbook will continue to operate functionally if any one or more
provisions were invalidated and any other provision(s) remained. In the
event a court were to invalidate one or more of the CVSA handbook's
unique provisions, the remaining provisions should stand, thus allowing
this congressionally mandated program to continue to operate.
VIII. Section-by-Section Analysis
Section 385.4 Matter Incorporated by Reference
Section 385.4(b)(1), as amended on December 22, 2022, references
the April 1, 2022, edition of the CVSA handbook. This final rule
replaces the reference to the April 1, 2022, edition date with a
reference to the new edition date of April 1, 2023.
X. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, E.O. 14094 (88 FR 21879, Apr. 11, 2023), Modernizing Regulatory
Review, and DOT's regulatory policies and procedures. The Office of
Information and Regulatory Affairs within the Office of Management and
Budget (OMB) determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866, as supplemented by
E.O. 13563 and E.O. 14094, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order.
Accordingly, OMB has not reviewed it under that E.O.
The final rule updates an incorporation by reference from the April
1, 2022, edition to the April 1, 2023, edition of CVSA's handbook
titled ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403.'' FMCSA reviewed its MCMIS data on inspections performed from
2019 to 2022 and does not expect the handbook updates to have any
effect on the number of OOS violations cited during Level VI
inspections. Therefore, the final rule's impact would de minimis.
B. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).\4\
---------------------------------------------------------------------------
\4\ A major rule means any rule that OMB finds has resulted in
or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (5 U.S.C. 802(4)).
---------------------------------------------------------------------------
[[Page 77013]]
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996,\5\ requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term small entities
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses. None of the
updates from the 2023 edition impose new requirements or make
substantive changes to the FMCSRs.
---------------------------------------------------------------------------
\5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------
When an Agency issues a final rule, the RFA requires the Agency to
``prepare a final regulatory flexibility analysis'' that will describe
the impact of the final rule on small entities (5 U.S.C. 604(a)).
Section 605 of the RFA allows an agency to certify a rule, instead of
preparing an analysis, if the final rule is not expected to impact a
substantial number of small entities. This rule updates an
incorporation by reference found at Sec. 385.4(b)(1) and referenced at
Sec. 385.415(b), and incorporates by reference the April 1, 2023,
edition of the CVSA handbook. The changes to the 2023 edition of the
CVSA handbook from the 2022 edition are intended to ensure clarity in
the presentation of the OOS conditions and are generally editorial or
ministerial. As noted above, FMCSA does not expect the changes made in
the 2023 edition of the CVSA handbook to affect the number of OOS
violations cited during Level VI inspections in the United States.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this rulemaking
so they can better evaluate its effects on themselves and participate
in the rulemaking initiative. If the final rule affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions.
The Act addresses actions that may result in the expenditure by a
State, local, or Tribal government, in the aggregate, or by the private
sector of $192 million (which is the value equivalent of $100 million
in 1995, adjusted for inflation to 2022 levels) or more in any 1 year.
Though this rulemaking will not result in such an expenditure, and the
analytical requirements of UMRA do not apply as a result, the Agency
discusses the effects of this rule elsewhere in this preamble.
F. Paperwork Reduction Act
This rulemaking contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``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.''
FMCSA has determined that this rulemaking does not have substantial
direct costs on or for States, nor does it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rulemaking does not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.
H. Privacy
The Consolidated Appropriations Act, 2005,\6\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This rulemaking does not require the collection
of personally identifiable information.
---------------------------------------------------------------------------
\6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------
I. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
FMCSA analyzed this rule pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321, et seq.) and determined this action
is categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1 (69 FR 9680), Appendix 2, paragraph 6(b). This Categorical
Exclusion (CE) covers minor revisions to regulations. The requirements
in this rulemaking are covered by this CE.
List of Subjects in 49 CFR 385
Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III,
part 385, as set forth below:
PART 385--SAFETY FITNESS PROCEDURES
0
1. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673,
[[Page 77014]]
1676; sec. 408, Pub. L. 104-88, 109 Stat. 803, 958; sec. 350, Pub.
L. 107-87, 115 Stat. 833, 864; sec. 5205, Pub. L. 114-94, 129 Stat.
1312, 1537; and 49 CFR 1.87.
0
2. Amend Sec. 385.4 by revising paragraph (b)(1) to read as follows:
Sec. 385.4 Matter incorporated by reference.
* * * * *
(b) * * *
(1) ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403,'' April 1, 2023; incorporation by reference approved for Sec.
385.415(b).
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-24448 Filed 11-7-23; 8:45 am]
BILLING CODE 4910-EX-P
