Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6045 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been reviewed 

and determined by OMB not to be a 

significant regulatory action and, 

therefore, was not subject to review 

under section 6(b) of E.O. 12866, 

Regulatory Planning and Review, dated 

September 30, 1993. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a ‘‘major rule’’ may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This rule has been 

reviewed and determined by OMB not 

to be a ‘‘major rule’’ under 5 U.S.C. 

804(2). 

VI. Notice for Public Comment 

The statute that applies to the 

publication of the GSAR is the Office of 

Federal Procurement Policy statute 

(codified at title 41 of the United States 

Code). Specifically, 41 U.S.C. 1707(a)(1) 

requires that a procurement policy, 

regulation, procedure or form (including 

an amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This rule is not 

required to be published for public 

comment, because GSA is not issuing a 

new regulation. This rule does not add 

any new solicitation provisions or 

contract clauses. It does not add any 

new burdens because the case does not 

add or change any requirements with 

which vendors must comply. Rather, 

this rule is merely an editorial change 

and will provide consistent language to 

statute. 

VII. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) does not apply to this 

rule, because an opportunity for public 

comment is not required to be given for 

this rule under 41 U.S.C. 1707(a)(1) (see 

Section VI of this preamble). 

Accordingly, no regulatory flexibility 

analysis is required, and none has been 

prepared. 

VIII. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 538 and 

552 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy, General Services Administration. 

Therefore, GSA amends 48 CFR parts 

538 and 552 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 538 and 552 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c). 

PART 538—FEDERAL SUPPLY 

SCHEDULE CONTRACTING 

538.273 [Amended] 

■ 2. Amend section 538.273 by 

removing from paragraph (b)(1) the 

phrase ‘‘the Handicapped’’ and adding 

‘‘Individuals with Disabilities’’ in its 

place. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Revise section 552.238–73 to read 

as follows: 

552.238–73 Identification of Electronic 

Office Equipment Providing Accessibility 

for Individuals with Disabilities. 

As prescribed in 538.273(b)(1), insert 

the following clause: 

Identification of Electronic Office Equipment 

Providing Accessibility for Individuals With 

Disabilities (Mar 2022) 

(a) Definitions. 

Electronic office equipment accessibility 

means the application/configuration of 

electronic office equipment (includes 

hardware, software and firmware) in a 

manner that accommodates the functional 

limitations of individuals with disabilities (as 

defined below) so as to promote productivity 

and provide access to work related and/or 

public information resources. 

Individuals with disabilities means 

qualified individuals with impairments as 

defined in 29 U.S.C. 705(20) who can benefit 

from electronic office equipment 

accessibility. 

Special peripheral means a special needs 

aid that provides access to electronic 

equipment that is otherwise inaccessible to 

individuals with disabilities. 

(b) The offeror is encouraged to identify in 

its offer and include in any commercial 

catalogs and pricelists accepted by the 

Contracting Officer, office equipment, 

including any special peripheral, that will 

facilitate electronic office equipment 

accessibility for individuals with disabilities. 

Identification should include the type of 

disability accommodated and how the users 

with that disability would be helped. 

(End of clause) 

[FR Doc. 2022–02194 Filed 2–2–22; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 383 

[Docket No. FMCSA–2020–0197] 

Commercial Driver’s License 

Standards: Regulatory Guidance 

Concerning Third Party Testers 

Conducting the Knowledge Test 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Regulatory guidance. 

SUMMARY: FMCSA amends its regulatory 

guidance to explain that FMCSA’s 

current statutory authorities and 

regulations do not prohibit third party 

testers from administering the 

commercial driver’s license knowledge 

tests for all classes and endorsements. 

SDLAs may accept the results of 

knowledge tests administered by third 

party testers in accordance with existing 

knowledge test standards and 

requirements set forth in 49 CFR part 

383, subparts G and H. 

DATES: This guidance is effective 

February 3, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nikki McDavid, Chief of the CDL 

Division, FMCSA, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, nikki.mcdavid@dot.gov, 202–366– 

0831. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 9, 2011, FMCSA published 

the 49 CFR parts 383, 384 and 385, 

Commercial Driver’s License Testing 

and Commercial Learner’s Permit 

Standards final rule (76 FR 26854) that 

amended the commercial driver’s 

license (CDL) knowledge and skills 

testing standards and established new 

minimum Federal standards for States 

to issue the commercial learner’s 

permit. The final rule also set forth the 

Federal standards for States to allow 


khammond on DSKJM1Z7X2PROD with RULES
6046 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

third party testers to administer the CDL 

skills test. 

On April 3, 2020, the Virginia 

Department of Motor Vehicles (VA 

DMV) requested an exemption from 49 

CFR 383.75 to allow non-government 

third party testers to administer 

knowledge tests for CDL and CLP 

applicants without a State examiner 

being present. The VA DMV’s request 

was prompted by the closure of VA 

DMV service centers resulting from the 

COVID–19 public health emergency. In 

response to the VA DMV’s request, 

FMCSA indicated that applicable 

statutes and regulations do not currently 

prohibit States from allowing a third 

party to administer CDL and CLP 

knowledge tests. The Agency also noted 

its intention to revise the existing 

guidance, set forth below, to clarify this 

point. 

Regulatory guidance question 1 for 49 

CFR 383.75, ‘‘Third Party Testing,’’ first 

issued in 1993 (58 FR 60734, 60739 

(Nov. 17, 1993)) and most recently 

reissued in 2019, states: 

Question 1: May the CDL knowledge test 

be administered by a third party? 

Guidance: No. The third party testing 

provision found in § 383.75 applies only to 

the skills portion of the testing procedure. 

However, if an employee of the State who is 

authorized to supervise knowledge testing is 

present during the testing, then FMCSA 

regards it as being administered by the State 

and not by a third party. (84 FR 8464, 8472 

(Mar. 8, 2019); 62 FR 16370, 16399 (Apr. 4, 

1997)). 

FMCSA has reconsidered this 

guidance and concludes that nothing in 

the Agency’s current authorities in 49 

U.S.C. chapters 311 or 313, or in 49 CFR 

parts 383 and 384, prohibits States from 

permitting third party testers to 

administer CDL knowledge tests. 

Accordingly, the Agency amends 

regulatory guidance question 1 for 49 

CFR 383.75 to explain that a State may 

permit third parties to administer CDL 

knowledge tests. Pursuant to 49 CFR 

384.202, States opting to permit this 

practice must adhere to current CDL 

knowledge test standards and 

requirements set forth in 49 CFR part 

383, subparts G and H. FMCSA is 

currently working on a Notice of 

Proposed Rulemaking to more fully 

address the States’ use of third party 

knowledge testers. 

II. Regulatory Guidance 

FMCSA issues the following 

guidance: 

Regulatory Guidance to 49 CFR part 383— 

Commercial Driver’s License Standards 

Section 383.75 Third Party Testing, Guidance 

ID No. FMCSA–CDL–383.75–Q1–M 

Question 1: May States allow third party 

testers to administer CDL knowledge tests for 

all classes and endorsements, without any 

State examiner being present? 

Guidance: Yes. FMCSA’s current statutory 

authorities and regulations do not prohibit 

States from permitting third party testers to 

administer CDL knowledge tests. While 

FMCSA encourages States relying on third 

party knowledge testers to follow the training 

and record check standards currently 

applicable to State CDL knowledge 

examiners, as set forth in 49 CFR 384.228, 

this is not a regulatory requirement. If an 

employee of the State who is authorized to 

supervise knowledge testing is present 

during the testing, then FMCSA regards it as 

being administered by the State and not by 

a third party. 

FMCSA notes that this guidance is 

intended only to provide clarity to the 

public regarding existing requirements 

under the law. The guidance does not 

have the force and effect of law and is 

not meant to bind the public in any 

way. 

Robin Hutcheson, 

Acting Administrator. 

[FR Doc. 2022–02165 Filed 2–2–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2019–0065; 

FF09E22000 FXES1113090FEDR 223] 

RIN 1018–BE11 

Endangered and Threatened Wildlife 

and Plants; Removing San Benito 

Evening-Primrose (Camissonia 

benitensis) From the Federal List of 

Endangered and Threatened Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service or USFWS), 

are removing San Benito eveningprimrose (Camissonia benitensis), a 

plant native to California, from the 

Federal List of Endangered and 

Threatened Plants on the basis of 

recovery. This final rule is based on a 

thorough review of the best available 

scientific and commercial information, 

which indicates that the threats to the 

species have been reduced or eliminated 

to the point that it has recovered and is 

no longer in danger of extinction or 

likely to become in danger of extinction 

in the foreseeable future. Therefore, the 

plant no longer meets the definition of 

an endangered or threatened species 

under the Endangered Species Act of 

1973, as amended (Act). 

DATES: This rule is effective March 7, 

2022. 

ADDRESSES: This final rule, the postdelisting monitoring plan, and 

supporting documents are available on 

the internet at https://

www.regulations.gov or at https://

ecos.fws.gov. 

In the Search box, enter FWS–R8–ES– 

2019–0065, which is the docket number 

for this rulemaking. Then, click on the 

Search button. On the resulting page, in 

the panel on the left side of the screen, 

under the Document Type heading, 

click on the Final Rule box to locate this 

document. 

Document availability: The recovery 

plan, 5-year review summary, and postdelisting monitoring plan referenced in 

this document are available at https://

www.regulations.gov under Docket No. 

FWS–R8–ES–2019–0065. 

FOR FURTHER INFORMATION CONTACT: 

Stephen P. Henry, Field Supervisor, 

U.S. Fish and Wildlife Service, Ventura 

Fish and Wildlife Office, 2493 Portola 

Road, Suite B, Ventura, CA 93003; by 

telephone 805–644–1766. Direct all 

questions or requests for additional 

information to: SAN BENITO EVENING 

PRIMROSE QUESTIONS, to the address 

above (See ADDRESSES). Individuals who 

are hearing-impaired or speechimpaired my call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Act, a species may warrant removal 

(i.e., ‘‘delisting’’) from the Federal List 

of Endangered and Threatened Plants if 

it no longer meets the definition of an 

endangered species or a threatened 

species. Delisting a species can only be 

completed by issuing a rule. 

What this document does. We are 

removing San Benito evening-primrose 

(Camissonia benitensis) from the 

Federal List of Endangered and 

Threatened Plants based on its recovery. 

The prohibitions and conservation 

measures provided by the Act, 

particularly through sections 7 and 9, 

will no longer apply to the San Benito 

evening-primrose. 

The basis for our action. Under the 

Act, we may determine that a species is 

an endangered species or a threatened 

species because of any of five factors: 

(A) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; (B) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (C) disease or predation; (D) 

the inadequacy of existing regulatory 

mechanisms; or (E) other natural or 


khammond on DSKJM1Z7X2PROD with RULES