26317 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 
Weekend event. Normally such actions 
are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A preliminary Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this 
preamble. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 
G. Protest Activities 
The Coast Guard respects the First 
Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the 
FOR FURTHER  
INFORMATION CONTACT section to 
coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. 
V. Public Participation and Request for 
Comments 
We view public participation as 
essential to effective rulemaking, and will consider all comments and material 
received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 
Submitting comments. We encourage 
you to submit comments through the Federal Decision Making Portal at https://www.regulations.gov. To do so, 
go to https://www.regulations.gov, type 
USCG–2022–0164 in the search box and click ‘‘Search.’’ Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using https://www.regulations.gov, call or email the 
person in the 
FOR FURTHER INFORMATION  
CONTACT section of this proposed rule 
for alternate instructions. 
Viewing material in docket. To view 
documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select ‘‘Supporting & Related Material’’ in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. 
Personal information. We accept 
anonymous comments. Comments we post to https://www.regulations.gov will 
include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). 
List of Subjects in 33 CFR Part 100 
Marine safety, Navigation (water), 
Reporting and recordkeeping 
requirements, Waterways. 
For the reasons discussed in the 
preamble, the Coast Guard is proposing to amend 33 CFR part 100 as follows: 
PART 100—SAFETY OF LIFE ON 
NAVIGABLE WATERS 
■1. The authority citation for part 100 
continues to read as follows: 
Authority: 46 U.S.C. 70041; 33 CFR 1.05– 
1. 
■2. Add § 100.T0799–0164 to read as 
follows: 
§ 100.T0799–0164 Special Local 
Regulation: Riviera Race Weekend; Atlantic Ocean, Riviera Beach, FL. 
(a) Location. The following regulated 
area is established as a special local 
regulation in the Atlantic Ocean; Riviera Beach, FL. Coordinates are based on North American Datum 1983. 
(1) Regulated area. All navigable 
waters of the Atlantic Ocean encompassed within the following points: Commence at Point A in position 26°46′51″ N, 080°01′53″ W; 
thence east to Point B in position 26°46′51″ N, 080°01′41″ W; thence north 
to Point C in position 26°47′08″ N, 
080°01′41″ W; thence west to Point D in 
position 26°47′08″ N, 080°01′53″ W; 
thence southwest to Point A. 
(2) [Reserved] 
(b) Definitions. (1) The term 
designated representative means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, State, and Local officers designated by or assisting the Captain of the Port (COTP) Miami in the enforcement of the regulated areas. 
(2) The term Patrol Commander 
means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the respective Coast Guard Sector Commander to enforce this section. 
(3) The term spectators means all 
persons and vessels not registered with the event sponsor as participants or official patrol vessels. 
(c) Regulations. (1) All non- 
participant vessels, spectators, and persons are prohibited from entering, transiting, anchoring in, or remaining within the regulated area unless authorized by the COTP or a designated representative. 
(2) Persons and vessels desiring to 
enter, transit, anchor in, or remain within the regulated area may contact the COTP Miami by telephone at (305) 535–4472 or a designated representative via VHF–FM radio on channel 16, to request authorization. If authorization is granted, all persons and vessels receiving such authorization must comply with the instructions of the COTP Miami or a designated representative. 
(3) The Coast Guard will provide 
notice of the regulated area through Broadcast Notice to Mariners via VHF– FM channel 16, on-scene designated representatives, and Local Notice to Mariners. 
(d) Enforcement period. This section 
will be enforced from 9 a.m. until 6 p.m. each day on June 4, 2022, and June 5, 2022. 
Dated: April 28, 2022. 
J.F. Burdian, 
Captain, U.S. Coast Guard, Captain of the 
Port Miami. 
[FR Doc. 2022–09499 Filed 5–3–22; 8:45 am] 
BILLING CODE 9110–04–P 
DEPARTMENT OF TRANSPORTATION 
Federal Motor Carrier Safety 
Administration 
49 CFR Part 393 
[Docket No. FMCSA–2022–0004] 
Parts and Accessories Necessary for 
Safe Operations; Speed Limiting Devices 
AGENCY : Federal Motor Carrier Safety 
Administration (FMCSA), Department of Transportation (DOT). 
ACTION : Advance notice of supplemental 
proposed rulemaking. 
SUMMARY : FMCSA announces its intent 
to proceed with a speed limiter rulemaking by preparing a supplemental notice of proposed rulemaking (SNPRM) to follow up on the National Highway Traffic Safety Administration’s (NHTSA) and FMCSA’s jointly issued September 7, 2016 notice of proposed rulemaking (NPRM) on this subject. The SNPRM will propose that motor carriers operating commercial motor vehicles 
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1The jurisdictional definitions of GVW and 
GVWR applicable to NHTSA regulations are slightly 
different from the FMCSA definitions applicable to the SNPRM. (CMVs) in interstate commerce with a 
gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, that are equipped with an electronic engine control unit (ECU) capable of governing the maximum speed be required to limit the CMV to a speed to be determined by the rulemaking and to maintain that ECU setting for the service life of the vehicle. With this notice of intent, FMCSA requests public comments and data regarding the adjustment or reprogramming of ECUs. 
DATES : Comments must be received on 
or before June 3, 2022. 
ADDRESSES : You may submit comments 
identified by Docket Number FMCSA– 2022–0004 using any of the following methods: 
•Federal eRulemaking Portal: Go to 
https://www.regulations.gov/docket/ FMCSA-2022-0004/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, Room W12–140, Washington, DC 20590–0001. 
•Hand Delivery or Courier: Dockets 
Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 
•Fax: (202) 493–2251. 
FOR FURTHER INFORMATION CONTACT : Mr. 
Luke Loy, Office of Vehicle and Roadside Operations, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001; (202) 366–0676; MCPSV@dot.gov. If you have questions on 
viewing or submitting material to the docket, call Dockets Operations at (202) 366–9826. 
SUPPLEMENTARY INFORMATION : 
A. Submitting Comments 
If you submit a comment, please 
include the docket number for this notification of intent (NOI) (FMCSA– 2022–0004), indicate the specific section of this document to which your comment applies, 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 that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to 
https://www.regulations.gov/docket/ 
FMCSA-2022-0004/document, click on 
this NOI, 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
1⁄2by 
11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. 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 NOI 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 NOI, 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 NOI. Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory Analysis Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. 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 comments, as well as any 
documents mentioned in this NOI as 
being available in the docket, go to https://www.regulations.gov/docket/ FMCSA-2022-0004/document and 
choose the document to review. To view comments, click this NOI, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 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 Act 
DOT posts comments received 
without edit, including any personal 
information the commenter provides, to www.regulations.gov, as described in 
the system of records notice (DOT/ALL– 
14 FDMS), which can be reviewed at www.transportation.gov/privacy. 
I. Background 
NHTSA and FMCSA jointly published 
in the Federal Register on September 7, 
2016, at (81 FR 61942) proposed regulations that would require vehicles with a GVWR of more than 11,793.4 kilograms (26,000 pounds) to be equipped with a speed limiting device set to a maximum speed to be specified in a final rule and would require motor carriers operating such vehicles in interstate commerce to maintain functional devices set to that speed for the service life of the vehicle (81 FR 61942). 
Specifically, NHTSA proposed to 
establish a new Federal Motor Vehicle Safety Standard (FMVSS) requiring each vehicle with a GVWR of more than 11,793.4 kilograms (26,000 pounds), as manufactured and sold, to have its device set to a speed not greater than a specified speed and to be equipped with means of reading the vehicle’s current speed setting and the two previous speed settings (including the time and date the settings were changed) through its on-board diagnostic connection. 
FMCSA proposed a complementary 
Federal Motor Carrier Safety Regulation (FMCSR) requiring each multipurpose passenger vehicle, truck, and bus and school bus with a GVWR of more than 11,793.4 kilograms (26,000 pounds)
1to 
be equipped with a speed limiting device meeting the requirements of the proposed FMVSS applicable to the vehicle at the time of manufacture, including the requirement that the device be set to a speed not greater than a specified speed. Motor carriers operating such vehicles in interstate commerce would be required to maintain the speed limiting devices for the service life of the vehicle. 
At the time the 2016 NPRM was 
published, NHTSA and FMCSA stated that all vehicles with electronic engine control units (ECUs) are generally electronically speed governed to prevent engine or other damage to the vehicle. This is because the ECU monitors an engine’s RPM (from which vehicle speed can be calculated) and also controls the supply of fuel to the engine. 
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2‘‘Fall 2021 Unified Agenda of Regulatory and 
Deregulatory Actions.’’ Current Unified Agenda of 
Regulatory and Deregulatory Actions, https://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_ GET_ AGENCY_ RULE_
LIST Accessed December 22, 2021. The NPRM stated that the information 
NHTSA analyzed indicated that ECUs have been installed in most heavy trucks since 1999, although the Agency was aware that some manufacturers were still installing mechanical controls through 2003 (81 FR 61947). Based on this background, it is likely the required means of achieving compliance with a speed limiter requirement would be to use the ECU to govern the speed of the vehicle rather than installing a mechanical means of doing so. 
The Fall 2021 Unified Agenda of 
Regulatory and Deregulatory Actions,
2 
published December 10, 2021, lists both speed limiter rules, from NHTSA (Regulation Identification Number 2127–AK92) and FMCSA (Regulation Identification Number 2126–AB63), as long-term actions. This notice informs the public that FMCSA intends to move forward with a separate motor carrier- based speed limiter rulemaking. FMCSA believes that placing the requirement on motor carriers will ensure compliance with the rule, and potentially avoid confusion on who is responsible. FMCSA believes the requirements can be met by the motor carriers but asks questions below to validate that approach. FMCSA will continue to consult with NHTSA during the development of this rule. If necessary, NHTSA will evaluate the need for additional regulatory actions concerning CMV manufacturer requirements to address issues raised during implementation that are beyond the scope of FMCSA’s authority. 
FMCSA Intention 
FMCSA intends to issue an SNPRM 
that would, if adopted, impose speed 
limitations on certain CMVs subject to the FMCSRs. The rulemaking would propose that motor carriers operating certain commercial motor vehicles, as 
defined in 49 CFR 390.5, in interstate commerce that are equipped with an ECU capable of setting speed limits be required to limit the CMV to a speed to 
be determined by the rulemaking and to maintain that limit for the service life of the vehicle. The agency is considering making the rule only applicable to CMVs manufactured after a certain date, such as 2003, because this is the population of vehicles for which ECUs were routinely installed and may potentially be used to govern the speed of the vehicles. FMCSA seeks data below, to determine if that approach should be revised in the forthcoming 
SNPRM. The agency is considering whether a retrofit requirement would be necessary and requests information below. 
FMCSA is not yet proposing 
regulatory language to amend the FMCSRs in this notice. FMCSA does, however, solicit comments on the questions listed in Section II. REQUEST FOR PUBLIC COMMENTS, which will assist in the development of the 
SNPRM. 
II. Request for Public Comments 
FMCSA requests comments on the 
programming or adjustment of ECUs 
that could be made to impose speed limits on CMVs, including responses to the questions below. 
General Questions: Setting and 
Maintaining ECUs 
1. What percentage of the CMV fleet 
currently uses speed limiting devices? 
2. If in use, at what maximum speed 
are the devices generally set? 
3. What skill sets or training are 
needed for motor carriers’ maintenance personnel to adjust or program ECUs to set speed limits? 
4. What tools or equipment are 
needed to adjust or program ECUs? 
5. How long would adjustment or 
reprogramming of an ECU take? 
6. Where can the adjustment or 
reprogramming of an ECU be completed? 
6.a. Can the adjustment or 
reprogramming of an ECU be made on- site where the vehicle is ordinarily housed or garaged, or would it have to be completed at a dealership? 
7. Do responses to questions 3 
through 6 change based on the model year of the power unit? 
8. Since publication of the NPRM, 
how has standard practice or technology changed as it relates to the ability to set speed limits using ECUs? 
9. Are there any challenges or burdens 
associated with FMCSA publishing a rule without NHTSA updating the FMVSS? 
10. Should FMCSA revisit using the 
2003 model year as the baseline requirement for the rule? 
11. Should FMCSA consider a retrofit 
requirement in the rule and, if so, should it be based on model year or other criteria, and what would the cost of such a requirement be? 
12. Should FMCSA include Classes 3– 
6 (i.e., 10,001–26,001 lbs. GVWR) in the 
SNPRM? 
Robin Hutcheson, 
Deputy Administrator. 
[FR Doc. 2022–09443 Filed 5–3–22; 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–2021–0134; 
FF09E21000 FXES1111090FEDR 223] 
RIN 1018–BE98 
Endangered and Threatened Wildlife 
and Plants; Threatened Species Status With Section 4(d) Rule for the Silverspot Butterfly 
AGENCY : Fish and Wildlife Service, 
Interior. 
ACTION : Proposed rule. 
SUMMARY : We, the U.S. Fish and 
Wildlife Service (Service), propose to list a subspecies of butterfly (Speyeria nokomis nokomis), a silverspot butterfly from Colorado, New Mexico, and Utah, as a threatened species under the Endangered Species Act of 1973, as amended (Act), with a rule issued under section 4(d) of the Act (‘‘4(d) rule’’). This document also serves as our 12- month finding on a petition to list the silverspot. After a review of the best available scientific and commercial information, we find that listing the subspecies is warranted. If we finalize this rule as proposed, it would add this subspecies to the List of Endangered and Threatened Wildlife and extend the Act’s protections to the subspecies. We determined that designating critical habitat for this subspecies under the Act is not prudent. 
DATES : We will accept comments 
received or postmarked on or before July 5, 2022. Comments submitted electronically using the Federal eRulemaking Portal (see 
ADDRESSES , 
below) must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for a public hearing, in writing, at the address shown in 
FOR FURTHER INFORMATION  
CONTACT by June 21, 2022. 
ADDRESSES : 
Written comments: You may submit 
comments by one of the following methods: 
(1) Electronically: Go to the Federal 
eRulemaking Portal: https://www.regulations.gov. In the Search box, 
enter the docket number or RIN for this rulemaking (presented above in the document headings). For best results, do not copy and paste either number; instead, type the docket number or RIN into the Search box using hyphens. Then, click on the Search button. On the resulting page, in the Search panel on the left side of the screen, under the Document Type heading, check the 
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