Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 26317 

Weekend event. Normally such actions 

are categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0164 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T0799–0164 to read as 

follows: 

§ 100.T0799–0164 Special Local 

Regulation: Riviera Race Weekend; Atlantic 

Ocean, Riviera Beach, FL. 

(a) Location. The following regulated 

area is established as a special local 

regulation in the Atlantic Ocean; Riviera 

Beach, FL. Coordinates are based on 

North American Datum 1983. 

(1) Regulated area. All navigable 

waters of the Atlantic Ocean 

encompassed within the following 

points: Commence at Point A in 

position 26°46′51′′ N, 080°01′53′′ W; 

thence east to Point B in position 

26°46′51′′ N, 080°01′41′′ W; thence north 

to Point C in position 26°47′08′′ N, 

080°01′41′′ W; thence west to Point D in 

position 26°47′08′′ N, 080°01′53′′ W; 

thence southwest to Point A. 

(2) [Reserved] 

(b) Definitions. (1) The term 

designated representative means Coast 

Guard Patrol Commanders, including 

Coast Guard coxswains, petty officers, 

and other officers operating Coast Guard 

vessels, and Federal, State, and Local 

officers designated by or assisting the 

Captain of the Port (COTP) Miami in the 

enforcement of the regulated areas. 

(2) The term Patrol Commander 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the respective Coast 

Guard Sector Commander to enforce 

this section. 

(3) The term spectators means all 

persons and vessels not registered with 

the event sponsor as participants or 

official patrol vessels. 

(c) Regulations. (1) All nonparticipant vessels, spectators, and 

persons are prohibited from entering, 

transiting, anchoring in, or remaining 

within the regulated area unless 

authorized by the COTP or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit, anchor in, or remain 

within the regulated area may contact 

the COTP Miami by telephone at (305) 

535–4472 or a designated representative 

via VHF–FM radio on channel 16, to 

request authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Miami or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area through 

Broadcast Notice to Mariners via VHF– 

FM channel 16, on-scene designated 

representatives, and Local Notice to 

Mariners. 

(d) Enforcement period. This section 

will be enforced from 9 a.m. until 6 p.m. 

each day on June 4, 2022, and June 5, 

2022. 

Dated: April 28, 2022. 

J.F. Burdian, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2022–09499 Filed 5–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 393 

[Docket No. FMCSA–2022–0004] 

Parts and Accessories Necessary for 

Safe Operations; Speed Limiting 

Devices 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Advance notice of supplemental 

proposed rulemaking. 

SUMMARY: FMCSA announces its intent 

to proceed with a speed limiter 

rulemaking by preparing a supplemental 

notice of proposed rulemaking (SNPRM) 

to follow up on the National Highway 

Traffic Safety Administration’s 

(NHTSA) and FMCSA’s jointly issued 

September 7, 2016 notice of proposed 

rulemaking (NPRM) on this subject. The 

SNPRM will propose that motor carriers 

operating commercial motor vehicles 


khammond on DSKJM1Z7X2PROD with PROPOSALS
26318 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 

1The jurisdictional definitions of GVW and 

GVWR applicable to NHTSA regulations are slightly 

different from the FMCSA definitions applicable to 

the SNPRM. 

(CMVs) in interstate commerce with a 

gross vehicle weight rating (GVWR) or 

gross vehicle weight (GVW) of 11,794 

kilograms or more (26,001 pounds or 

more), whichever is greater, that are 

equipped with an electronic engine 

control unit (ECU) capable of governing 

the maximum speed be required to limit 

the CMV to a speed to be determined by 

the rulemaking and to maintain that 

ECU setting for the service life of the 

vehicle. With this notice of intent, 

FMCSA requests public comments and 

data regarding the adjustment or 

reprogramming of ECUs. 

DATES: Comments must be received on 

or before June 3, 2022. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2022–0004 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

FMCSA-2022-0004/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, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, West Building, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke Loy, Office of Vehicle and 

Roadside Operations, FMCSA, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001; (202) 366–0676; MCPSV@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, call Dockets Operations at (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notification of intent (NOI) (FMCSA– 

2022–0004), indicate the specific 

section of this document to which your 

comment applies, 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 that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

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

FMCSA-2022-0004/document, click on 

this NOI, 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. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 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 NOI 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 NOI, 

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 NOI. Submissions containing CBI 

should be sent to Mr. Brian Dahlin, 

Chief, Regulatory Analysis Division, 

Office of Policy, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001. 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 comments, as well as any 

documents mentioned in this NOI as 

being available in the docket, go to 

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

FMCSA-2022-0004/document and 

choose the document to review. To view 

comments, click this NOI, and click 

‘‘Browse Comments.’’ If you do not have 

access to the internet, you may view the 

docket online by visiting Dockets 

Operations in Room W12–140 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 Act 

DOT posts comments received 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

I. Background 

NHTSA and FMCSA jointly published 

in the Federal Register on September 7, 

2016, at (81 FR 61942) proposed 

regulations that would require vehicles 

with a GVWR of more than 11,793.4 

kilograms (26,000 pounds) to be 

equipped with a speed limiting device 

set to a maximum speed to be specified 

in a final rule and would require motor 

carriers operating such vehicles in 

interstate commerce to maintain 

functional devices set to that speed for 

the service life of the vehicle (81 FR 

61942). 

Specifically, NHTSA proposed to 

establish a new Federal Motor Vehicle 

Safety Standard (FMVSS) requiring each 

vehicle with a GVWR of more than 

11,793.4 kilograms (26,000 pounds), as 

manufactured and sold, to have its 

device set to a speed not greater than a 

specified speed and to be equipped with 

means of reading the vehicle’s current 

speed setting and the two previous 

speed settings (including the time and 

date the settings were changed) through 

its on-board diagnostic connection. 

FMCSA proposed a complementary 

Federal Motor Carrier Safety Regulation 

(FMCSR) requiring each multipurpose 

passenger vehicle, truck, and bus and 

school bus with a GVWR of more than 

11,793.4 kilograms (26,000 pounds) 1 to 

be equipped with a speed limiting 

device meeting the requirements of the 

proposed FMVSS applicable to the 

vehicle at the time of manufacture, 

including the requirement that the 

device be set to a speed not greater than 

a specified speed. Motor carriers 

operating such vehicles in interstate 

commerce would be required to 

maintain the speed limiting devices for 

the service life of the vehicle. 

At the time the 2016 NPRM was 

published, NHTSA and FMCSA stated 

that all vehicles with electronic engine 

control units (ECUs) are generally 

electronically speed governed to prevent 

engine or other damage to the vehicle. 

This is because the ECU monitors an 

engine’s RPM (from which vehicle 

speed can be calculated) and also 

controls the supply of fuel to the engine. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 26319 

2 ‘‘Fall 2021 Unified Agenda of Regulatory and 

Deregulatory Actions.’’ Current Unified Agenda of 

Regulatory and Deregulatory Actions, https://

www.reginfo.gov/public/do/eAgendaMain?

operation=OPERATION_GET_AGENCY_RULE_

LIST Accessed December 22, 2021. 

The NPRM stated that the information 

NHTSA analyzed indicated that ECUs 

have been installed in most heavy 

trucks since 1999, although the Agency 

was aware that some manufacturers 

were still installing mechanical controls 

through 2003 (81 FR 61947). Based on 

this background, it is likely the required 

means of achieving compliance with a 

speed limiter requirement would be to 

use the ECU to govern the speed of the 

vehicle rather than installing a 

mechanical means of doing so. 

The Fall 2021 Unified Agenda of 

Regulatory and Deregulatory Actions,2

published December 10, 2021, lists both 

speed limiter rules, from NHTSA 

(Regulation Identification Number 

2127–AK92) and FMCSA (Regulation 

Identification Number 2126–AB63), as 

long-term actions. This notice informs 

the public that FMCSA intends to move 

forward with a separate motor carrierbased speed limiter rulemaking. FMCSA 

believes that placing the requirement on 

motor carriers will ensure compliance 

with the rule, and potentially avoid 

confusion on who is responsible. 

FMCSA believes the requirements can 

be met by the motor carriers but asks 

questions below to validate that 

approach. FMCSA will continue to 

consult with NHTSA during the 

development of this rule. If necessary, 

NHTSA will evaluate the need for 

additional regulatory actions concerning 

CMV manufacturer requirements to 

address issues raised during 

implementation that are beyond the 

scope of FMCSA’s authority. 

FMCSA Intention 

FMCSA intends to issue an SNPRM 

that would, if adopted, impose speed 

limitations on certain CMVs subject to 

the FMCSRs. The rulemaking would 

propose that motor carriers operating 

certain commercial motor vehicles, as 

defined in 49 CFR 390.5, in interstate 

commerce that are equipped with an 

ECU capable of setting speed limits be 

required to limit the CMV to a speed to 

be determined by the rulemaking and to 

maintain that limit for the service life of 

the vehicle. The agency is considering 

making the rule only applicable to 

CMVs manufactured after a certain date, 

such as 2003, because this is the 

population of vehicles for which ECUs 

were routinely installed and may 

potentially be used to govern the speed 

of the vehicles. FMCSA seeks data 

below, to determine if that approach 

should be revised in the forthcoming 

SNPRM. The agency is considering 

whether a retrofit requirement would be 

necessary and requests information 

below. 

FMCSA is not yet proposing 

regulatory language to amend the 

FMCSRs in this notice. FMCSA does, 

however, solicit comments on the 

questions listed in Section II. REQUEST 

FOR PUBLIC COMMENTS, which will 

assist in the development of the 

SNPRM. 

II. Request for Public Comments 

FMCSA requests comments on the 

programming or adjustment of ECUs 

that could be made to impose speed 

limits on CMVs, including responses to 

the questions below. 

General Questions: Setting and 

Maintaining ECUs 

1. What percentage of the CMV fleet 

currently uses speed limiting devices? 

2. If in use, at what maximum speed 

are the devices generally set? 

3. What skill sets or training are 

needed for motor carriers’ maintenance 

personnel to adjust or program ECUs to 

set speed limits? 

4. What tools or equipment are 

needed to adjust or program ECUs? 

5. How long would adjustment or 

reprogramming of an ECU take? 

6. Where can the adjustment or 

reprogramming of an ECU be 

completed? 

6.a. Can the adjustment or 

reprogramming of an ECU be made onsite where the vehicle is ordinarily 

housed or garaged, or would it have to 

be completed at a dealership? 

7. Do responses to questions 3 

through 6 change based on the model 

year of the power unit? 

8. Since publication of the NPRM, 

how has standard practice or technology 

changed as it relates to the ability to set 

speed limits using ECUs? 

9. Are there any challenges or burdens 

associated with FMCSA publishing a 

rule without NHTSA updating the 

FMVSS? 

10. Should FMCSA revisit using the 

2003 model year as the baseline 

requirement for the rule? 

11. Should FMCSA consider a retrofit 

requirement in the rule and, if so, 

should it be based on model year or 

other criteria, and what would the cost 

of such a requirement be? 

12. Should FMCSA include Classes 3– 

6 (i.e., 10,001–26,001 lbs. GVWR) in the 

SNPRM? 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–09443 Filed 5–3–22; 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–2021–0134; 

FF09E21000 FXES1111090FEDR 223] 

RIN 1018–BE98 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

With Section 4(d) Rule for the 

Silverspot Butterfly 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

list a subspecies of butterfly (Speyeria 

nokomis nokomis), a silverspot butterfly 

from Colorado, New Mexico, and Utah, 

as a threatened species under the 

Endangered Species Act of 1973, as 

amended (Act), with a rule issued under 

section 4(d) of the Act (‘‘4(d) rule’’). 

This document also serves as our 12- 

month finding on a petition to list the 

silverspot. After a review of the best 

available scientific and commercial 

information, we find that listing the 

subspecies is warranted. If we finalize 

this rule as proposed, it would add this 

subspecies to the List of Endangered 

and Threatened Wildlife and extend the 

Act’s protections to the subspecies. We 

determined that designating critical 

habitat for this subspecies under the Act 

is not prudent. 

DATES: We will accept comments 

received or postmarked on or before July 

5, 2022. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 

below) must be received by 11:59 p.m. 

Eastern Time on the closing date. We 

must receive requests for a public 

hearing, in writing, at the address 

shown in FOR FURTHER INFORMATION

CONTACT by June 21, 2022. 

ADDRESSES: 

Written comments: You may submit 

comments by one of the following 

methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter the docket number or RIN for this 

rulemaking (presented above in the 

document headings). For best results, do 

not copy and paste either number; 

instead, type the docket number or RIN 

into the Search box using hyphens. 

Then, click on the Search button. On the 

resulting page, in the Search panel on 

the left side of the screen, under the 

Document Type heading, check the 


khammond on DSKJM1Z7X2PROD with PROPOSALS