Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 57043 

1https://www.regulations.gov/document/FRA2022-0019-0022. 

2 88 FR 35574 (May 31, 2023). 

3 88 FR 42907 (July 5, 2023). 

the digital sidebands, as defined in 

§ 73.402(i). Where asymmetric operation 

is used, the Effective Radiated Power at 

each sideband must be adjusted so that 

the total sideband powers do not exceed 

the total power that would be 

authorized for the station operating in 

symmetric sideband mode. A station 

using asymmetric sidebands planning to 

operate with a radiated power in excess 

of ¥17 dBc on either sideband (upper 

or lower) must confirm compliance with 

Table 1 below by calculating the signal 

strength of its analog signal at the 

respective (upper or lower) first adjacent 

station’s 60 dBm contour. All 

calculations must be made using the 

standard FCC contour prediction 

methodology. 

TABLE 1 TO PARAGRAPH (f)—MAXIMUM

PERMISSIBLE FM DIGITAL ERP FOR

ASYMMETRIC SIDEBAND OPERATION

Proponent analog F(50,10) field 

strength at the upper or lower first 

adjacent station’s analog 60 dBμ 

F(50,50) contour 

(asymmetric sideband operation) 

Maximum 

permissible 

FM digital 

ERP for the 

respective 

(upper or 

lower) 

sideband 

(dBc) 

54.9 dBμ and above ........................ ¥17 

53.5 dBμ to 54.8 dBμ ...................... ¥16 

52.6 dBμ to 53.4 dBμ ...................... ¥15 

51.1 dBμ to 52.5 dBμ ...................... ¥14 

51.0 dBμ or less .............................. ¥13 

(g) The digital effective radiated 

power of a previously authorized 

superpowered FM station, as defined in 

§ 73.310(a)(7) and (a)(21), must be 

limited to the class maximum set forth 

in §§ 73.211 and 73.511. 

■ 5. Amend § 73.406 by adding 

paragraphs (d)(5) through (8) to read as 

follows: 

§ 73.406 Notification. 

* * * * * 

(d) * * * 

(5) If applicable, for FM stations 

planning to operate with symmetric 

sidebands in excess of ¥14 dBc, a 

certification that the proposed FM 

digital Effective Radiated Power is 

permitted, using the table set forth in 

Table 1 to § 73.404(e). Certifications 

must be based on the most restrictive 

analog field strength of the proponent at 

any nearby first-adjacent channel 

station’s 60 dBm contour. 

(6) If applicable, for FM stations 

employing asymmetric sideband 

operation as defined in § 73.402(i), a 

certification that the proposed digital 

sideband power on each sideband 

conforms to the Maximum Permissible 

FM Digital ERP set forth in Table 1 to 

§ 73.404(f), and that the total digital 

sideband power will not exceed the 

total power if the digital sideband 

operation were symmetric. 

(7) Any digital FM station 

permanently reducing digital power 

must notify the Commission of such 

digital power reduction on Form 2100, 

Schedule 335–FM. Any such 

notification of digital FM power 

reduction must include a short 

statement of the reason(s) for the power 

reduction. 

(8) Any digital FM station 

permanently discontinuing asymmetric 

sideband operation and returning to 

symmetric sideband operation must 

notify the Commission of such return to 

symmetric sideband operation on Form 

2100, Schedule 335–FM. Any such 

notification of discontinuing 

asymmetric sideband operation must 

include a short statement of the 

reason(s) for such action. 

[FR Doc. 2023–17423 Filed 8–21–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 245 

[Docket No. FRA–2022–0019, Notice No. 3] 

RIN 2130–AC91 

Certification of Dispatchers 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM); extension of comment period. 

SUMMARY: On May 31, 2023, FRA 

published an NPRM proposing to 

require railroads to develop written 

programs for certifying dispatchers and 

to submit those written certification 

programs to FRA for approval prior to 

implementation. On July 5, 2023, FRA 

published a notice extending the 

comment period by 30 days. By this 

notice, FRA is extending the NPRM’s 

comment period by an additional 15 

days. 

DATES: The comment period for the 

NPRM, scheduled to close on August 

30, 2023, is extended until September 

14, 2023. 

ADDRESSES: 

Comments: Comments related to 

Docket No. FRA–2022–0019, Notice No. 

1, may be submitted by going to https:// 

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name, docket name, 

and docket number or Regulatory 

Identification Number (RIN) for this 

rulemaking (2130–AC91). Note that all 

comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

FOR FURTHER INFORMATION CONTACT: 

Curtis Dolan, Railroad Safety Specialist, 

Dispatch Operating Practices, telephone: 

(470) 522–6633 or email: curtis.dolan@

dot.gov; or Michael C. Spinnicchia, 

Attorney Adviser, Office of the Chief 

Counsel, telephone: (202) 493–0109 or 

email: michael.spinnicchia@dot.gov. 

SUPPLEMENTARY INFORMATION: On July 

24, 2023, FRA provided information in 

the rulemaking docket about the 

accidents that were analyzed by FRA in 

the regulatory impact analysis.1 In an 

August 5, 2023, petition, the American 

Short Line and Regional Railroad 

Association (ASLRRA) requested a 30- 

day extension of the NPRM’s 2 comment 

period to analyze the information and 

its impact on ASLRRA’s member 

railroads. 

The comment period for this NPRM is 

scheduled to close on August 30, 2023.3

As FRA is partially granting ASLRRA’s 

request, the comment period is now 

extended 15 days to September 14, 

2023. 

Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, to https://www.regulations.gov, as 

described in the system of records 

notice, DOT/ALL–14 FDMS, accessible 

through www.dot.gov/privacy. To 

facilitate comment tracking and 

response, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. Whether 

or not commenters identify themselves, 

all timely comments will be fully 

considered. If you wish to provide 

comments containing proprietary or 

confidential information, please contact 


lotter on DSK11XQN23PROD with PROPOSALS1
57044 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 

1https://www.regulations.gov/document/FRA2022-0020-0010. 

2 88 FR 35632 (May 31, 2023). 

3 88 FR 42907 (July 5, 2023). 

the agency for alternate submission 

instructions. 

Authority: 49 U.S.C. 20103, 20107, 20162, 

21301, 21304, 21311; 28 U.S.C. 2461 note; 49 

CFR 1.89; and Pub. L. 110–432, sec. 402, 122 

Stat. 4884. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety 

Chief Safety Officer. 

[FR Doc. 2023–18033 Filed 8–21–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 246 

[Docket No. FRA–2022–0020, Notice No. 3] 

RIN 2130–AC92 

Certification of Signal Employees 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM); extension of comment period. 

SUMMARY: On May 31, 2023, FRA 

published an NPRM proposing to 

require railroads to develop written 

programs for certifying signal employees 

and to submit those written certification 

programs to FRA for approval prior to 

implementation. On July 5, 2023, FRA 

published a notice extending the 

comment period by 30 days. By this 

notice, FRA is extending the NPRM’s 

comment period by an additional 15 

days. 

DATES: The comment period for the 

NPRM, scheduled to close on August 

30, 2023, is extended until September 

14, 2023. 

ADDRESSES: 

Comments: Comments related to 

Docket No. FRA–2022–0020, Notice No. 

1, may be submitted by going to https:// 

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name, docket name, 

and docket number or Regulatory 

Identification Number (RIN) for this 

rulemaking (2130–AC92). Note that all 

comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: (816) 516–7168 or email: 

Gabe.Neal@dot.gov; or Kathryn 

Gresham, Attorney Adviser, Office of 

the Chief Counsel, telephone: (202) 577– 

7142 or email: Kathryn.Gresham@

dot.gov. 

SUPPLEMENTARY INFORMATION: On July 

28, 2023, FRA provided information in 

the rulemaking docket about the 

accidents that were analyzed by FRA in 

the regulatory impact analysis.1 In an 

August 5, 2023, petition, the American 

Short Line and Regional Railroad 

Association (ASLRRA) requested a 30- 

day extension of the NPRM’s 2 comment 

period to analyze the information and 

its impact on ASLRRA’s member 

railroads. 

The comment period for this NPRM is 

scheduled to close on August 30, 2023.3

As FRA is partially granting ASLRRA’s 

request, the comment period is now 

extended 15 days to September 14, 

2023. 

Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, to https://www.regulations.gov, as 

described in the system of records 

notice, DOT/ALL–14 FDMS, accessible 

through www.dot.gov/privacy. To 

facilitate comment tracking and 

response, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. Whether 

or not commenters identify themselves, 

all timely comments will be fully 

considered. If you wish to provide 

comments containing proprietary or 

confidential information, please contact 

the agency for alternate submission 

instructions. 

Authority: 49 U.S.C. 20103, 20107, 20162, 

21301, 21304, 21311; 28 U.S.C. 2461 note; 49 

CFR 1.89; and Pub. L. 110–432, sec. 402, 122 

Stat. 4884. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety 

Chief Safety Officer. 

[FR Doc. 2023–18034 Filed 8–21–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

[Docket No. TSA–2023–0001] 

RIN 1652–AA69 

49 CFR Parts 1500, 1530, 1570, 1572, 

1580, 1582, 1584 

Vetting of Certain Surface 

Transportation Employees 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Notice of proposed rulemaking 

(NPRM); Extension of comment period. 

SUMMARY: On May 23, 2023, the 

Transportation Security Administration 

(TSA) published a notice of proposed 

rulemaking (NPRM) proposing security 

vetting of certain public transportation, 

railroad, and over-the-road-bus (OTRB) 

employees. Through this notice, TSA is 

extending the comment period to 

October 1, 2023, to provide additional 

time for the public to submit comments. 

DATES: The comment period for the 

NPRM published at 88 FR 33472 (May 

23, 2023), is extended from August 21, 

2023, to October 1, 2023. 

ADDRESSES: You may submit comments, 

identified by the TSA docket number to 

this rulemaking, to the Federal Docket 

Management System (FDMS), a 

government-wide, electronic docket 

management system. To avoid 

duplication, please use only one of the 

following methods: 

• Electronic Federal eRulemaking 

Portal: https://www.regulations.gov. 

Follow the online instructions for 

submitting comments. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. The Department of 

Transportation (DOT), which maintains 

and processes TSA’s official regulatory 

dockets, will scan the submission and 

post it to FDMS. Comments must be 

postmarked by the date indicated above. 

• Fax: (202) 493–2251. 

See the SUPPLEMENTARY INFORMATION

section for format and other information 

about comment submissions. 

FOR FURTHER INFORMATION CONTACT: 


lotter on DSK11XQN23PROD with PROPOSALS1