[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51963-51964]
[FR Doc No: 2016-18670]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Passenger Facility Charge (PFC) Program; Draft FAA Order 5500.1B

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: This notice announces a request for comments on the draft FAA
Order 5500.1B, Passenger Facility Charge. When finalized, this Order
will replace Order 5500.1, Passenger Facility Charge, issued on August
9, 2001. This revised Order clarifies and updates statutory and
regulatory requirements, including those affected by changes to the PFC
statute from multiple FAA reauthorizations.

DATES: Comments must be received on or before September 30, 2016.

ADDRESSES: An electronic copy of draft FAA Order 5500.1B, and comment
form, is available after August 4, 2016, through the Internet at the
FAA Airports Web site at http://www.faa.gov/airports/ airports/. You may submit
comments using the Draft PFC Order 5500.1B Comment Form available at
the same

web address, using any of the following methods:
     Email<EMAIL_ADDRESS>     Facsimile:<PHONE_NUMBER>.
     Mail: FAA Office of Airports, Office of Airport Planning
and Programming, Financial Analysis and PFC Branch (APP-510), Room
619E, 800 Independence Avenue SW., Washington, DC 20591.
    For more information on the notice and comment process, see the
SUPPLEMENTARY INFORMATION section of this document. Privacy:

FOR FURTHER INFORMATION CONTACT: Joe Hebert, Manager, Financial
Analysis and Passenger Facility Charge Branch, APP-510, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591, telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Availability of Documents

    You can get an electronic copy of this notice and the Draft PFC
Order 5500.1B by visiting the FAA's Airports Web page at http://www.faa.gov/airports/ after August 1, 2016.

Background

    The Passenger Facility Charge Program (PFC) is an airport capital
funding program, established by the Airport Safety and Capacity
Expansion Act of 1990 as amended, 49 U.S.C. 40117 et seq. Order 5500.1,
Passenger Facility Charge, issued August 9, 2001, provides instructions
and sets forth policy and procedures used in the administration of PFC
Program. The PFC Program allows the collection and use of fees up to
$4.50 per enplaned passenger at commercial airports controlled by
public agencies.
    The primary audience for this order is all FAA employees with
Passenger Facility Charge (PFC) responsibilities. The secondary
audience includes Public Agencies and Air Carriers involved with
collecting, using, and reporting PFC revenues. This Order, once
finalized, is intended to replace the above referenced 2001 PFC Order
with updated information that reflects current legislation, regulation,
and policy. The Office of Airports reorganized and revised this Order
to clarify what is required by law and policy and to incorporate PFC
Updates 35-02 (dated October 5, 2001) though 69-12 (dated September 14,
2012).
    Since 2001, there have been substantial changes to the laws,
regulation, and policies relating to PFCs.
    To incorporate these changes and provide the most useful and
current program guidance to agency employees, the Office of Airport
Planning and Programming, Financial Assistance Division has drafted an
updated version to revise the Order to maximize its clarity. This
update is a fundamental rewrite of FAA Order 5500.1, the current
version of the PFC Order. The update clarifies the different
responsibilities of the FAA Office of Airports staff and those of
public agencies applying to collect and use PFCs. The update also
clarifies the responsibilities of air carriers collecting, handling,
and remitting PFCs to public agencies. This updated version of the
Order includes the requirements for all PFC funded projects and can be
used as a ready-reference for project-specific requirements.

Invitation for Public Comment

    While the FAA generally does not request public comment on internal
orders, the agency is offering this opportunity for public comment in
recognition of the interest of multiple stakeholders of the aviation
industry in PFCs. The agency will consider all comments received by the
closing date of the comment period in finalizing this Order. Comments
received after that date may be considered if consideration will not
delay agency action on the Order.
    Comments should be submitted on the Draft PFC Order 5500.1B Comment
Form, which is available for downloading at http://www.faa.gov/airports/. Comments that are not submitted on the Draft PFC Order
5500.1B Comment Form may be considered only if consideration will not
delay agency action on the Order.

     Issued in Washington, DC, on July 29, 2016.
Elliott Black,
Director, Office of Airport Planning and Programming.
[FR Doc. 2016-18670 Filed 8-4-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62221-62222]
[FR Doc No: 2016-21520]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Form 10-K, SEC File No. 270-48, OMB Control No. 3235-0063

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form 10-K (17 CFR 249.310) is filed by issuers of securities to
satisfy their annual reporting obligations under to Section 13 or 15(d)
of the Exchange Act (``Exchange Act'') (15 U.S.C. 78m or 78o(d)). The
information provided by Form 10-K is intended to ensure the adequacy of
information available to investors and securities markets about an
issuer. Form 10-K takes approximately 2003.7884 hours per response to
prepare and is filed by approximately 8,137 respondents. We estimate
that 75% of the approximately 2003.7884 hours per response (1,502.8413
hours) is prepared by the company for an annual reporting burden of
12,228,620 hours (1,502.8413 hours per response x 8,137 responses).
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
burden imposed by the collection of information; (c) ways to enhance
the quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.

    Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: September 1, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-21520 Filed 9-7-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 21, 2010 (Volume 75, Number 182)]
[Rules and Regulations]
[Page 57393-57396]
[DOCID:fr21se10-12]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-2010-0186]
RIN-2126-AB27

Parts and Accessories Necessary for Safe Operation: Antilock
Brake Systems

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: The FMCSA makes permanent the existing requirement in the
Federal Motor Carrier Safety Regulations (FMCSRs) that trailers with
antilock brake systems (ABS) be equipped with an external malfunction
indicator lamp. The existing indicator lamp requirement was originally
scheduled to sunset on March 1, 2009, but the National Highway Traffic
Safety Administration (NHTSA) published a final rule on August 25,
2009, that made permanent the requirement in the Federal Motor Vehicle
Safety Standards (FMVSSs) that manufacturers equip trailers with ABS
and an external antilock malfunction indicator lamp. As the requirement
for an exterior ABS malfunction indicator lamp on trailers of the
FMCSRs cross-references the requirements of the FMVSSs, this direct
final rule makes the FMCSRs consistent with the August 2009 NHTSA final
rule.

DATES: This rule is effective November 22, 2010, unless an adverse
comment, or notice of intent to submit an adverse comment, is either
submitted to our online docket via http://www.regulations.gov on or
before October 21, 2010 or reaches the Docket Management Facility by
that date. If an adverse comment, or notice of intent to submit an
adverse comment, is received by October 21, 2010, we will withdraw this
direct final rule and publish a timely notice of withdrawal in the
Federal Register.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2010-0186 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    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 below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Chief, Vehicle and
Roadside Operations Division (MC-PSV), Office of Bus and Truck
Standards and Operations, phone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments
    A. Submitting comments
    B. Viewing comments and documents
    C. Privacy Act
    D. Public meeting
II. Abbreviations
III. Regulatory Information
IV. Background
V. Discussion of the Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Collection of Information
    D. Federalism
    E. Unfunded Mandates Reform Act
    F. Taking of Private Property
    G. Civil Justice Reform
    H. Protection of Children
    I. Indian Tribal Governments
    J. Energy Effects
    K. Technical Standards
    L. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2010-0186), indicate the specific section of this
document to which each 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. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission. As a reminder, FMCSA will only consider adverse comments as
defined in 49 CFR 389.39(b).
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``FMCSA-2010-0186'' in the ``Keyword''
box. Click ``Search,'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``FMCSA 2010-0186'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may also view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

II. Abbreviations

ABS Anti-lock Braking Systems
CMV Commercial Motor Vehicle
CVSA Commercial Vehicle Safety Alliance

DFR Direct Final Rule
FMCSA Federal Motor Carrier Safety Administration
FMCSR Federal Motor Carrier Safety Regulation
FMVSS Federal Motor Vehicle Safety Standard
FR Federal Register
FHWA Federal Highway Administration
NHTSA National Highway Traffic Safety Administration
NPRM Notice of Proposed Rulemaking

III. Regulatory Information

    We are publishing this direct final rule under 49 CFR 389.11 and
389.39 because we believe the rule is a routine, non-controversial
amendment to 49 CFR 393. The rule would ensure consistency between 49
CFR Part 393 and NHTSA's 49 CFR 571.121. The FMCSA does not expect
adverse comments. If no adverse comments or notices of intent to submit
an adverse comment are received by October 21, 2010, this rule will
become effective as stated in the DATES section. In that case,
approximately 30 days before the effective date, we will publish a
document in the Federal Register stating that no adverse comments were
received and confirming that this rule will become effective as
scheduled. However, if we receive any adverse comments or notices of
intent to submit an adverse comment, we will publish a document in the
Federal Register announcing the withdrawal of all or part of this
direct final rule. If an adverse comment applies only to part of this
rule (e.g., to an amendment, a paragraph, or a section) and it is
possible to remove that part without defeating the purpose of this
rule, we may adopt, as final, those parts of this rule on which no
adverse comments were received. We will withdraw the part of this rule
that was the subject of an adverse comment. If we decide to proceed
with a rulemaking following receipt of any adverse comments, we will
publish a separate notice of proposed rulemaking (NPRM) and provide a
new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.

IV. Background

    NHTSA published a final rule requiring ABS on truck tractors, other
air-braked heavy vehicles including trailers, and hydraulic-braked
trucks in the Federal Register (on March 10, 1995 60 FR 13216). As
amended by that final rule, FMVSS No. 121, Air Brake Systems, required
two separate in-cab ABS malfunction indicator lamps for each truck
tractor, one for the tractor's ABS (effective March 1, 1997) and the
other for the trailer's ABS (effective March 1, 2001). The final rule
also required air-braked trailers to be equipped with an externally
mounted ABS malfunction lamp (effective March 1, 1998) so that the
driver of a non-ABS equipped tractor or an ABS-equipped tractor
manufactured prior to March 1, 2001, towing an ABS-equipped trailer
would be alerted in the event of a malfunction in the trailer ABS.
    On March 10, 1995, the Federal Highway Administration (FHWA)
published a notice of intent to initiate a rulemaking concerning
requirements of ABS on commercial motor vehicles (CMV) operating in
interstate commerce (60 FR 13306). On July 12, 1996, FHWA published a
notice of proposed rulemaking (NPRM) that proposed requiring motor
carriers to maintain the ABS on CMVs manufactured on or after the
effective date of the NHTSA requirements (61 FR 36691). The FHWA
subsequently published a final rule on May 4, 1998, amending the FMCSRs
to require that air-braked truck tractors manufactured on or after
March 1, 1997, and air-braked single-unit trucks, buses, trailers, and
converter dollies manufactured on or after March 1, 1998, be equipped
with ABS that meet the requirements of FMVSS No. 121 (63 FR 24454). In
addition, FHWA required motor carriers to maintain the ABS on these
vehicles. Specifically with respect to the exterior ABS malfunction
warning lamp for trailers, the amendments to section 393.55(e) of the
FMCSRs incorporated by reference--without modification--the
requirements of S<IP_ADDRESS> of FMVSS No. 121.
    The requirement for the trailer-mounted ABS malfunction indicator
lamp was originally scheduled to expire on March 1, 2009. NHTSA
established this sunset date based on the assumption that after this
eight-year period, many of the pre-2001 tractors that did not have the
dedicated trailer ABS malfunction indicator lamp would no longer be in
long-haul service. NHTSA based its decision on the belief that the
typical tractor life was five to seven years and therefore decided on
an eight-year period for the external ABS malfunction indicator lamp
requirement. NHTSA further stated its belief that there would be no
need for a redundant ABS malfunction lamp mounted on the trailer after
the vast majority of tractors were equipped with an in-cab ABS
malfunction indicator lamp for the trailer.
    Before the trailer-mounted ABS malfunction indicator lamp
requirement expired, NHTSA received two petitions from the Commercial
Vehicle Safety Alliance (CVSA). CVSA is an international not-for-profit
organization comprised of Federal, State, provincial, territorial, and
local motor carrier safety officials and industry representatives from
the United States, Canada, and Mexico. On October 22, 2007, CVSA
petitioned NHTSA to make the trailer-mounted external antilock
malfunction indicator lamp permanent instead of allowing it to expire.
CVSA included in its petition suggested regulatory text along with its
rationale for why the extension should be permanent.
    The CVSA rationale included four points. The first point was many
pre-2001 tractors were still expected to be in use when the malfunction
indicator lamp requirement was set to expire (at the time, March 1,
2009). These tractors do not have the in-cab trailer ABS malfunction
indicator lamp that was believed to render the external lamp redundant.
Second, CVSA argued that for double and triple trailer applications, it
would not be possible to determine, from an in-cab lamp alone, which
trailer ABS is malfunctioning without external lamps. Third, CVSA
stated that many trailer repair shops rely on the external lamp to
quickly diagnose the operational status of the trailer's ABS without
having to couple a post-2001 tractor to the trailer. With an external
indicator lamp, a tractor of any age can be used, making inspection
significantly easier. Fourth, the petition argued that without the
external lamp, the signal from the in-cab lamp may be confusing, as it
may indicate either a malfunctioning in-cab bulb, a functioning pre-
1998 trailer (with no ABS), a problem with the communication circuit
between the trailer and tractor, or a malfunctioning ABS. The external
lamp helps to diagnose the situation.
    On October 15, 2008, CVSA again petitioned NHTSA to amend FMVSS No.
121, by requesting that the agency issue a stay of the sunset date of
March 1, 2009 for the external ABS malfunction indicator lamp. CVSA
stated that a stay would prevent a time gap in the regulation, while
NHTSA continued to evaluate CVSA's 2007 petition. CVSA stated that the
vehicle inspection process has already been complicated by the ABS and
ABS malfunction indicator lamp requirements, and a time gap would
further complicate the inspection

process and cause additional confusion for drivers and maintenance
personnel.
    On March 3, 2009, NHTSA concurrently published an interim final
rule extending the sunset date for the requirement by six months, to
September 1, 2009 (74 FR 9173), and an NPRM to extend the requirement
to March 1, 2011 (74 FR 9202). In the NPRM, NHTSA explained that it
expected to be able to fully analyze and address the issues raised by
the CVSA petitions prior to March 1, 2011. NHTSA also indicated that if
it was able to fully resolve the outstanding issues it could make the
requirement permanent in a final rule based on the NPRM.
    NHTSA determined in a final rule published on August 25, 2009 (74
FR 42781) that the external lamp provides information that assists
maintenance personnel and roadside inspectors, conveys important
diagnostic data and supplies functional details critical for multiple
trailer operations. NHTSA eliminated the sunset date and made the
requirement for the external lamp permanent.
    NHTSA concluded that trailer maintenance operations would be more
difficult if technicians had to couple a trailer to a post-2001 tractor
or use additional specialized equipment in order to diagnose the state
of a trailer's ABS, when a standardized trailer-mounted lamp already
provides the same information. This inconvenience could diminish the
effectiveness of some maintenance operations. Furthermore, the external
lamp provides both drivers and roadside inspectors information about
multiple trailer combinations that is otherwise unavailable. Without
it, the in-cab information can only indicate the existence of a
malfunctioning trailer ABS. The external lamp, however, can pinpoint
which trailer's ABS is malfunctioning, allowing drivers or inspectors
to take the appropriate remedial action.
    NHTSA noted that since it was making the requirement permanent
because of the benefits the external lamp provides even when coupled
with an in-cab trailer ABS indicator present on all tractors built
after March 1, 2001, it was unnecessary to address the numbers of pre-
2001 tractors that are still in use.
    NHTSA noted that in making the existing requirement permanent, it
was not implying that this issue could not be readdressed in future
rulemaking, if new developments made the requirement unnecessary. In
its comments to the March 2009 NPRM, the American Trucking Associations
stated that in the future, wireless transmissions of the vehicle fault
messages will be the means of inspection, making external malfunction
lamps obsolete. NHTSA noted that it would take appropriate action if
future designs and new inspection and maintenance practices eliminated
the need for external malfunction lamps. NHTSA found good cause to make
its August 25, 2009 rule effective on August 31, one day before the 6-
month extension of the requirement for an external malfunction
indicator lamp expired. This effective date forestalled a time gap in
the regulatory standard but did not result in any new burdens, since
trailer manufacturers were already required to install the indicator
lamp.

V. Discussion of the Rule

    The FMCSA is using a direct final rule to promulgate this
requirement because no adverse comments are expected. NHTSA found good
cause to make the requirement for a malfunction indicator lamp
permanent and FMCSA finds good cause to incorporate the same standard,
as it is not expected to be controversial. This rule simply requires
trailer operators to maintain in good order the malfunction indicator
lamp NHTSA requires manufacturers to install.

VI. Regulatory Analysis

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed the rule.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, 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.
    The FMCSA certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities. Comments submitted in response to this finding will be
evaluated under the criteria in the ``Regulatory Information'' section
of this preamble.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if the rule has a substantial direct effect on State or
local governments and would either preempt State law or impose a
substantial direct cost of compliance on them. We have analyzed this
rule under that Order and have determined that it does not have
federalism implications.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, 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 $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

F. Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

G. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

H. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

I. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
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. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

K. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

L. Environment

    We have analyzed this rule under the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321-4370f) and FMCSA's NEPA Implementing
Procedures and Policy for Considering Environmental Impacts (FMCSA
Order 5610.1) paragraph 6.bb of Appendix 2, and have concluded that
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment. A
Categorical Exclusion Determination is available for inspection or
copying in the regulations.gov Web site listed under ADDRESSES.

 List of Subjects in 49 CFR Part 393

    Highway safety, Motor Carriers, Motor vehicle safety.

0
For the reasons set forth in the preamble, FMCSA amends 49 CFR part 393
as follows:

PART 393--[AMENDED]

0
1. The authority citation for part 393 continues to read as follows:

    Authority:  49 U.S.C. 322, 31136, 31151 and 31502; sec. 1041(b),
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.

0
2. Amend Sec.  393.55 by revising paragraph (e) to read as follows:

Sec.  393.55  Antilock brake systems.

* * * * *
    (e) Exterior ABS malfunction indicator lamps for trailers. Each
trailer (including a trailer converter dolly) manufactured on or after
March 1, 1998, and subject to the requirements of paragraph (c)(2) of
this section, shall be equipped with an ABS malfunction indicator lamp
which meets the requirements of FMVSS No. 121 (49 CFR 571.121,
S<IP_ADDRESS>).

Anne S. Ferro,
Administrator.
[FR Doc. 2010-23479 Filed 9-20-10; 8:45 am]
BILLING CODE 4910-EX-P