Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Proposed Rules 72727 

subject to a requirement for Executive 

Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA (44 U.S.C. 3501 et seq.) because it 

does not contain any information 

collection activities. 

C. Regulatory Flexibility Act (RFA) 

This action is certified to not have a 

significant economic impact on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

This action will approve plan revisions 

and accept negative declarations 

pursuant to CAA section 111(d) and will 

therefore have no net regulatory burden 

for all directly regulated small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action imposes no 

enforceable duty on any State, local, or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). It will not have substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action will not apply on any 

Indian reservation land or in any other 

area where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rulemaking does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definitions of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. Therefore, this action is 

not subject to Executive Order 13045 

because it approves a state program. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution and Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. This action is not 

subject to requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) because application of those 

requirements would be inconsistent 

with the Clean Air Act. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The air agency did not evaluate 

environmental justice considerations as 

part of its submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA performed an 

environmental justice analysis, as 

described in the section titled 

‘‘Environmental Justice Considerations’’ 

in this proposed rule. The analysis was 

done for the purpose of providing 

additional context and information 

about this rulemaking to the public, not 

as a basis of the action. Due to the 

nature of the action being taken here, 

this action is expected to have a neutral 

impact on the air quality of the affected 

area. In addition, there is no information 

in the record upon which this action is 

based inconsistent with the stated goal 

of E.O. 12898 of achieving 

environmental justice for people of 

color, low-income populations, and 

Indigenous peoples. 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 16, 2023. 

Earthea Nance, 

Regional Administrator, Region 6. 

[FR Doc. 2023–23254 Filed 10–20–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

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

and 395 

[Docket No. FMCSA–2022–0003] 

RIN 2126–AC52 

Safety Fitness Determinations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Advance notice of proposed 

rulemaking (ANPRM); extension of 

comment period. 

SUMMARY: FMCSA extends the comment 

period for its August 29, 2023, ANPRM 

requesting public comment on the need 

for a rulemaking to revise the 

regulations prescribing the safety fitness 

determination (SFD) process; the 

available science or technical 

information to analyze regulatory 

alternatives for determining the safety 

fitness of motor carriers; feedback on the 

Agency’s current SFD regulations, 

including the process and impacts; the 

available data and costs for regulatory 

alternatives reasonably likely to be 

considered as part of this rulemaking; 

and the specific questions in the 

ANPRM. FMCSA extends the comment 

period for 30 days until November 29, 

2023. 

DATES: The comment period for the 

proposed rule published August 29, 

2023, at 88 FR 59489, is extended. 

Comments should be received on or 

before November 29, 2023. 


lotter on DSK11XQN23PROD with PROPOSALS1
72728 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Proposed Rules 

1On January 21, 2016, FMCSA published in the 

Federal Register an NPRM titled ‘‘Carrier Safety 

Fitness Determination’’ (81 FR 3562, available at 

https://www.regulations.gov/document/FMCSA2015-0001-0076). That NPRM proposed SFDs based 

on the carrier’s on-road safety data; an 

investigation; or a combination of on-road safety 

data and investigation information. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2022–0003 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0003/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To be sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stacy Ropp, (609) 661–2062, 

SafetyFitnessDetermination@dot.gov. If 

you have questions on viewing or 

submitting material to the docket, call 

Dockets Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for the 

ANPRM (FMCSA–2022–0003) and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online or by fax, 

mail, or hand delivery, but please use 

only one of these means. FMCSA 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/document/ 

FMCSA-2022-0003-0005, click 

‘‘Comment,’’ and type your comment 

into the text box on the following 

screen. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. 

FMCSA will consider all comments 

and material received during the 

comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to the ANPRM contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to the 

ANPRM, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission that constitutes CBI as 

‘‘PROPIN’’ to indicate it contains 

proprietary information. FMCSA will 

treat such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket of the 

ANPRM. Submissions containing CBI 

should be sent to Mr. Brian Dahlin, 

Chief, Regulatory Evaluation Division, 

Office of Policy, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001 at brian.g.dahlin@dot.gov. 

At this time, you need not send a 

duplicate hardcopy of your electronic 

CBI submissions to FMCSA 

headquarters. Any comments FMCSA 

receives not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0003/document and 

choose the document to review. To view 

comments, click the ANPRM, then click 

‘‘Browse Posted Comments.’’ If you do 

not have access to the internet, you may 

view the docket online by visiting 

Dockets Operations on the ground floor 

of the DOT West Building, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

C. Privacy 

In accordance with 49 U.S.C. 13301(a) 

and 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its regulatory process. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to 

www.regulations.gov. As described in 

the system of records notice DOT/ALL 

14 (Federal Docket Management System 

(FDMS)), which can be reviewed at 

https://www.transportation.gov/ 

individuals/privacy/privacy-act-systemrecords-notices, the comments are 

searchable by the name of the submitter. 

II. Background 

FMCSA published an ANPRM on 

August 29, 2023, with a comment 

deadline of October 30, 2023 (88 FR 

59489). That ANPRM discussed current 

SFD procedure, the 2016 notice of 

proposed rulemaking (NPRM),1 relevant 

legislation, and the status of the Safety 

Measurement System Program, and it 

requested answers to twelve specific 

questions along with other public 

comment. 

As of October 10, 2023, three 

commenters to the docket filed 

comments requesting extensions of the 

comment period: The American 

Trucking Associations (ATA)(https://

www.regulations.gov/comment/FMCSA2022-0003-0014), the Commercial 

Vehicle Safety Alliance (CVSA) (https:// 

www.regulations.gov/comment/FMCSA2022-0003-0016), and the American Bus 

Association (ABA) (https://

www.regulations.gov/comment/FMCSA2022-0003-0015). 

ATA and CVSA requested 30-day 

extensions, and the ABA requested a 60- 

day extension. These associations cited 

the ‘‘complexity and breadth’’ of 

questions, and the timing of the request. 

ATA specifically cited a conference 

occurring towards the end of the current 

comment period at which it planned to 

solicit input from its members. 

The comment period for the ANPRM 

is scheduled to close on October 30, 

2023. FMCSA believes it is in the public 

interest to allow for public comment for 

an extended period. Accordingly, 

FMCSA extends the comment period for 

all comments on the ANPRM and its 

related documents for 30 days, until 

November 29, 2023. 

Issued under authority delegated in 49 CFR 

1.87. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2023–23303 Filed 10–20–23; 8:45 am] 

BILLING CODE 4910–EX–P 


lotter on DSK11XQN23PROD with PROPOSALS1