77010 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 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 

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 

* * * * * 

[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 

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 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: 

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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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 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 

§ 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 

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-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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77012 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 

1Level 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. 2Level II is a driver and walk-around vehicle 

inspection, involving the inspection of items that 

can be checked without physically getting under 

the vehicle. 3Level III is a driver-only inspection that 

includes examination of the driver’s credentials and 

documents. 

4A 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)). 

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 

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 

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-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


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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 77013 

5Public Law 104–121, 110 Stat. 857, (Mar. 29, 

1996). 

6Public Law 108–447, 118 Stat. 2809, 3268, note 

following 5 U.S.C. 552a (Dec. 4, 2014). 

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, 

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 

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, 


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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 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: 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 

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 

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 


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