Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 77009 

25See Note 7. 

several ways. For example, we 

contacted individuals in environmental 

justice groups about the proposal and 

provided information about the public 

hearings and the comment period; 

provided information on our website in 

both Spanish and English; and provided 

Spanish translation during the public 

hearings. We received and considered 

comments from those with 

environmental justice concerns, as 

described in the Response to Comments 

document.25

K. Congressional Review Act 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

VI. Statutory Authority and Legal 

Provisions 

Statutory authority for these revisions 

to our preemption regulations is found 

in CAA section 209(e)(2)(B), 42 U.S.C. 

7543(e)(2)(B), which requires EPA to 

promulgate regulations implementing 

CAA section 209(e), which in turn 

addresses the prohibition of State 

standards regarding certain classes of 

new nonroad engines or new nonroad 

vehicles including new locomotives and 

new engines used in locomotives, as 

well as EPA’s authorization criteria for 

certain California standards for other 

nonroad engines or nonroad vehicles. 

VII. Judicial Review and 

Administrative Reconsideration 

Under CAA section 307(b)(1), judicial 

review of this final action is available 

only by filing a petition for review in 

the United States Court of Appeals for 

the District of Columbia Circuit (the 

Court) by January 8, 2024. Under CAA 

section 307(b)(2), the requirements 

established by this final rule may not be 

challenged separately in any civil or 

criminal proceedings brought by the 

EPA to enforce the requirements. 

Section 307(d)(7)(B) of the CAA further 

provides that only an objection to a rule 

or procedure which was raised with 

reasonable specificity during the period 

for public comment (including any 

public hearing) may be raised during 

judicial review. This section also 

provides a mechanism for the EPA to 

reconsider the rule if the person raising 

an objection can demonstrate to the 

Administrator that it was impracticable 

to raise such objection within the period 

for public comment or if the grounds for 

such objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule. Any person seeking 

to make such a demonstration should 

submit a Petition for Reconsideration to 

the Office of the Administrator, U.S. 

EPA, Room 3000, WJC South Building, 

1200 Pennsylvania Ave. NW, 

Washington, DC 20460, with a copy to 

both the person(s) listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), U.S. EPA, 

1200 Pennsylvania Ave. NW, 

Washington, DC 20460. Under CAA 

section 307(b)(1), the filing of a petition 

for reconsideration shall not affect the 

finality of the rule for purposes of 

judicial review nor extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of the rule. 

List of Subjects in 40 CFR Part 1074 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Locomotives, 

Nonroad engines, Scope of preemption. 

Michael S. Regan, 

Administrator. 

For the reasons set out in the 

preamble, EPA amends title 40, chapter 

I of the Code of Federal Regulations as 

set forth below. 

PART 1074—PREEMPTION OF STATE 

STANDARDS AND PROCEDURES FOR 

WAIVER OF FEDERAL PREEMPTION 

FOR NONROAD ENGINES AND 

NONROAD VEHICLES 

■ 1. The authority citation for part 1074 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart A—Applicability and General 

Provisions 

■ 2. Amend § 1074.10 by revising 

paragraph (b) and adding paragraph (c) 

to read as follows: 

§ 1074.10 Scope of preemption. 

* * * * * 

(b) States and localities are preempted 

from adopting or enforcing standards or 

other requirements relating to the 

control of emissions from new 

locomotives and new engines used in 

locomotives. 

(c) For nonroad engines or vehicles 

other than those described in 

paragraphs (a) and (b) of this section, 

States and localities are preempted from 

enforcing any standards or other 

requirements relating to control of 

emissions from nonroad engines or 

vehicles except as provided in subpart 

B of this part. 

§ 1074.12 [Removed] 

■ 3. Remove § 1074.12. 

Subpart B—Procedures for 

Authorization 

■ 4. Amend § 1074.101 by revising 

paragraph (a) to read as follows: 

§ 1074.101 Procedures for California 

nonroad authorization requests. 

(a) California must request 

authorization from the Administrator to 

enforce its adopted standards and other 

requirements relating to control of 

emissions from nonroad engines or 

vehicles that are not preempted by 

§ 1074.10(a) or (b). The request must 

include the record on which the State 

rulemaking was based. 

* * * * * 

[FR Doc. 2023–24513 Filed 11–7–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–296; RM–11964; DA 23– 

1030; FR ID 183180] 

Television Broadcasting Services Des 

Moines, Iowa 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Video Division, Media 

Bureau (Bureau) has before it a notice of 

proposed rulemaking issued in response 

to a petition for rulemaking filed by 

Iowa Public Broadcasting Board 

(Petitioner), the licensee of 

noncommercial educational television 

PBS member station KDIN–TV (KDIN– 

TV or Station), channel *11, Des 

Moines, Iowa. The Petitioner has 

requested the substitution of channel 

*34 in place of channel *11 at Des 

Moines in the Table of TV Allotments, 

and requested that we delete vacant 

channel *34, Ames, Iowa (Ames) and 

substitute it with the allotment of vacant 

channel *21 to Ames. Petitioner filed 

comments in support of the petition, as 

required by the Commission’s rules 

(rules), reaffirming its commitment to 

apply for channel *34. 

DATES: Effective November 8, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Emily Harrison, Media Bureau, at (202) 

418–1665 or Emily.Harrison@fcc.gov. 


lotter on DSK11XQN23PROD with RULES1
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 


lotter on DSK11XQN23PROD with RULES1