[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Rules and Regulations]
[Pages 59030-59037]
[FR Doc No: 2022-20644]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 360, 380, 382, 383, 385, 391, 395, 396, and 397

[Docket No. FMCSA-2022-0149]
RIN 2126-AC47

General Technical, Organizational, Conforming, and Correcting
Amendments to the Federal Motor Carrier Safety Regulations

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its regulations by making technical corrections
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The
Agency makes minor changes to correct inadvertent errors and omissions,
remove or update obsolete references, and improve the clarity and
consistency of certain regulatory provisions. The Agency also makes
nondiscretionary, ministerial changes that merely align regulatory
requirements with the underlying statutory authority, including the
Infrastructure Improvement and Jobs Act (IIJA), sometimes referred to
as the Bipartisan Infrastructure Law, requirements. Additionally, the
Agency makes changes relating to agency management and to FMCSA's rules
of organization, procedures, or practice.

DATES: This final rule is effective September 29, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Warren, Regulatory
Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001;<PHONE_NUMBER>; [email protected].

SUPPLEMENTARY INFORMATION:

I. Legal Basis for the Rulemaking

    Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
in numerous pieces of legislation, most notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 89-670, 80 Stat.
931, 937, Oct. 15, 1966). Section 6 of the DOT Act transferred to the
Department the authority of the former Interstate Commerce Commission
(ICC) to regulate the qualifications and maximum hours of service of
employees, the safety of operations, and the equipment of motor
carriers in interstate commerce (80 Stat. 939). This authority, first
granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49
Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The
regulations issued under this (and subsequently enacted) authority
became known as the FMCSRs, codified at 49 CFR parts 350-399. The
administrative powers to enforce chapter 315 (codified in 49 U.S.C.
chapter 5) were also transferred from the ICC to the DOT in 1966,
assigned first to the Federal Highway Administration (FHWA), and then
to FMCSA. The FMCSA Administrator, whose powers and duties are set
forth in 49 U.S.C. 113, has been delegated authority by the Secretary
of Transportation (the Secretary) under 49 CFR 1.81 to prescribe
regulations and to exercise authority over and with respect to any
personnel within the organization, and under 49 CFR 1.87 to carry out
the motor carrier functions vested in the Secretary.
    Between 1984 and 1999, enforcement of the FMCSRs, the Hazardous
Materials Regulations, and the Commercial Regulations were added to
FHWA's authority. These statutes include the Motor Carrier Safety Act
of 1984 (Pub. L. 98-554, Title II, 98 Stat. 2832, Oct. 30, 1984),
codified at 49 U.S.C. chapter 311, subchapter III; the Commercial Motor
Vehicle Safety Act of 1986 (Pub. L. 99-570, Title XII, 100 Stat. 3207-
170, Oct. 27, 1986), codified at 49 U.S.C. chapter 313; the Hazardous
Materials Transportation Uniform Safety Act of 1990, as amended (Pub.
L. 101-615, 104 Stat. 3244, Nov. 16, 1990), codified at 49 U.S.C.
chapter 51; the Omnibus Transportation Employee Testing Act of 1991
(Pub. L. 102-143, Title V, 105 Stat. 917, 952, Oct. 28, 1991), codified
at 49 U.S.C. 31306; the ICC Termination Act of 1995 (Pub. L. 104-88,
109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131-149;
and the Transportation Equity Act for the 21st Century (Pub. L. 105-
178, 112 Stat. 107, June 9, 1998).
    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L.
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new
operating administration within DOT, effective January 1, 2000.
Accordingly, since that time the motor carrier safety, and certain
commercial, responsibilities previously assigned to both the ICC and
FHWA are the jurisdiction of FMCSA.
    Congress expanded, modified, and amended FMCSA's authority in the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (Pub. L. 107-
56, 115 Stat. 272, Oct. 26, 2001); the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005); the SAFETEA-LU
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572,
June 6, 2008); the Moving Ahead for Progress in the 21st Century Act
(MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012); and the Fixing
America's Surface Transportation Act (Pub. L. 114-94, 129 Stat. 1312,
Dec. 4, 2015). Most recently, Congress amended FMCSA's authorities in
the Infrastructure Improvement and Jobs Act (IIJA) (Pub. L. 117- 58,
135 Stat. 429, Nov. 15, 2021). Accordingly, FMCSA amends three parts in
title 49 of the Code of Federal Regulations (CFR) to align the
regulatory text with the new statutory requirements.
    The specific regulations amended by this rule are based on the
statutes detailed above. Generally, the legal authority for each of
those provisions was explained when the requirement was originally
adopted and is noted at the beginning of each part in title 49 of the
CFR.
    The Administrative Procedure Act (APA) specifically provides
exceptions to its notice and comment rulemaking procedures when an
agency finds there is good cause to dispense with them, and
incorporates the finding, and a brief statement of reasons therefore,
in the rules issued (5 U.S.C. 553(b)(3)(B)). Good cause exists when an
agency determines that notice and public comment procedures are
impractical, unnecessary, or contrary to the public interest. The
amendments made in this final rule primarily correct inadvertent errors
and omissions, remove or update obsolete references, and make minor
language changes to improve clarity and consistency. Some changes are
statutorily mandated or align regulatory standards with the underlying
statutory authority. In accommodating those changes, the Agency is
performing nondiscretionary, ministerial acts. The technical amendments
do not impose any material new requirements or increase compliance
obligations. For these reasons, FMCSA finds good cause that notice and
public comment on this final rule are unnecessary.
    Moreover, the amendments changing the name of the ``Office of
Enforcement and Compliance (MC-EC)'' to the ``Office of Enforcement and
Compliance (MC-SE)'' and ``Office of Safety

Programs (MC-SS)'' and additional methods for the public to contact
certain Agency offices concern an additional exception to the APA's
notice and comment rulemaking procedures for ``rules of agency
organization, procedure, or practice'' (5 U.S.C. 553(b)(3)(A)). These
amendments are, therefore, excepted from the notice and public comment
requirements.
    The APA also allows agencies to make rules effective immediately
with good cause (5 U.S.C. 553(d)(3)), instead of Sec.  requiring
publication 30 days prior to the effective date. For the reasons
already stated, FMCSA finds there is good cause for this rule to be
effective immediately.
    The Agency is aware of the regulatory requirements concerning
public participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These
requirements pertain to certain major rules,\1\ but, because this final
rule is not a major rule, they are not applicable.
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    \1\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs of the Office of
Management and Budget (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, Federal agencies, State agencies, local
government agencies, or geographic regions; 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. 804(2)).
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II. Section-by-Section Analysis

    This section-by-section analysis describes the changes to the
regulatory text in numerical order.

A. Part 350--Motor Carrier Safety Assistance Program (MCSAP) and High
Priority Program

Section 350.221 How long are MCSAP funds available to a State?
    Section 23001(b)(4)(A) of IIJA amends 49 U.S.C. 31104(f)(1) to
provide that MCSAP funds are available for the Federal fiscal year that
the funds are obligated and for the next 2 fiscal years, instead of
just the next fiscal year. Accordingly, FMCSA amends Sec.  350.221 by
replacing ``next full Federal fiscal year'' with ``next 2 full Federal
fiscal years.''
Section 350.227 What activities are eligible for reimbursement under
MCSAP?
    Section 23001(c) of IIJA amends 49 U.S.C. 31102(h)(2)(A) to provide
that MCSAP funds may be used for documented enforcement of State
traffic laws and regulations if, in part, the number of motor carrier
safety activities conducted in the State is maintained at a level at
least equal to the average level of such activities conducted in the
State in fiscal years 2014 and 2015, instead of 2004 and 2005.
Accordingly, FMCSA amends Sec.  350.227(c)(2)(ii) by replacing ``2004
and 2005'' with ``2014 and 2015.''
Section 350.403 What are the High Priority Program objectives?
    Section 23003 of IIJA amends 49 U.S.C. 31102(l)(3)(D) by adding a
new clause (iv) and clause (v), which provide that High Priority
Program funds received to advance the innovative technology deployment
of commercial motor vehicle (CMV) information systems and networks may
also be used to combat human trafficking. Accordingly, FMCSA adds a
clause at the end of paragraph (h) in Sec.  350.403 pertaining to
innovative technology deployment that reads, ``including technology to
detect, and enforce actions taken as a result of, criminal activity
(including human trafficking) in a CMV or by any occupant of a CMV,
including the operator.''
    Similarly, section 23003 of IIJA amends 49 U.S.C. 31102(l)(2) by
adding new subparagraphs (H) and (I), which provide that High Priority
Program funds may be used to combat human trafficking. Accordingly,
FMCSA adds a new paragraph (j) in Sec.  350.403 that provides High
Priority Program funds may be used to ``Support the recognition,
prevention, and reporting of human trafficking in a CMV or by any
occupant of a CMV, including the operator, and enforce laws relating to
human trafficking; or.'' FMCSA makes conforming changes by deleting
``or'' at the end of paragraph (i) and redesignating the existing
paragraph (j) as (k).
Section 350.405 What conditions must an applicant meet to qualify for
High Priority Program funds?
    In paragraph (a) of Sec.  350.405, FMCSA makes conforming changes
to reflect the addition of a paragraph in Sec.  350.403. Specifically,
FMCSA replaces ``, (i), and (j)'' with ``and (i) through (k).''
Section 350.411 How long are High Priority Program funds available to a
recipient?
    As above, in paragraph (a) of Sec.  350.411, FMCSA makes conforming
changes to reflect the addition of a paragraph in Sec.  350.403. FMCSA
replaces ``, (i), and (j)'' with ``and (i) through (k).''

B. Part 360--Fees for Motor Carrier Registration and Insurance

Sections 360.3 (Suspended) and 360.3T Filing fees.\2\
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    \2\ On January 17, 2017, FMCSA suspended certain regulations
relating to the electronic Unified Registration System and delayed
their effective date indefinitely (82 FR 5292). The suspended
regulations were replaced by temporary provisions that contain the
requirements in place on January 13, 2017. Section 360.3 was one of
the sections suspended and Sec.  360.3T, which is currently in
effect, was one of the replacement sections added (82 FR 5299).
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    FMCSA revises paragraph (e)(3)(iii) of Sec.  360.3(suspended) and
paragraph (e)(2)(iii) of Sec.  360.3T to replace ``Director, Office of
Registration and Safety Information (MC-RS)'' with ``Federal Motor
Carrier Safety Administration.'' This change is consistent with similar
changes made in the final rule titled ``General Technical,
Organizational, Conforming, and Correcting Amendments to the Federal
Motor Carrier Safety Regulations'' (86 FR 57060, Oct. 14, 2021). FMCSA
made changes in that final rule to replace specific employees and
offices in the FMCSRs noting recent vacancies and organizational
changes affected the titles of FMCSA employees and office names, which
underscored the need for increased flexibility to redelegate functions
internally to meet organizational needs. Accordingly, FMCSA simplified
many sections across various parts of the CFR removing or updating
references to specific titles or offices and replaced them with
``FMCSA'' and, where necessary, an ``ATTN'' line showing the subject
matter of the petition or request. (See 86 FR 57061). FMCSA
inadvertently omitted Sec. Sec.  360.3(e)(3)(iii) and 360.3T(e)(2)(iii)
from the list of sections that were amended under this rationale. FMCSA
corrects that omission and amends these sections to be consistent with
similar sections of the FMCSRs.

Part 380--Special Training Requirements

Section 380.703 Requirements for Listing on the Training Provider
Registry (TPR)
    FMCSA revises paragraphs (a)(7) and (b) by replacing the words
``website'' with the word ``website.''
Section 380.717 Training Certification
    FMCSA revises the introductory text to Sec.  380.717 by replacing
the words ``website'' with the word ``website.''
Section 380.723 Removal From Training Provider Registry: Procedure
    FMCSA revises paragraph (a) by adding ``or through the TPR
website'' to

the end of the first sentence. This revision reflects that removal from
the training provider registry may be accomplished by submitting a
notice through the same ``TPR website'' that is used for other
transmittals of documents regarding the registry in part 380.
Additionally, in paragraph (b), FMCSA replaces the words ``website''
with the word ``website.''

C. Part 382--Controlled Substances and Alcohol Use and Testing

Section 382.119 Stand-Down Waiver Provision
    FMCSA revises paragraph (e) to replace ``Office of Enforcement and
Compliance (MC-EC)'' with ``Office of Safety Programs (MC-SS).'' This
change aligns regulatory text with updates to the internal organization
of FMCSA and ensures that written requests submitted under this section
are directed to the correct office within the Agency.
Section 382.303 Post-Accident Testing
    FMCSA replaces ``Federal, State, or local official having
independent authority to test'' with ``Federal, State, or local law
enforcement or public safety official having independent authority for
the test'' in paragraphs (g)(1) and (2). The additions to this phrase
clarify that the officials that conduct post-accident testing to
satisfy the requirements of these paragraphs are only law enforcement
or public safety officials. This change is consistent with the original
intent of this phrase when part 382 was added by FHWA. The notice of
proposed rulemaking explained that the intent of paragraphs (g)(1) and
(2), originally paragraph (f), was to ``allow motor carriers to accept
tests done by law enforcement officials'' (57 FR 59516, 59522, Dec. 15,
1992). The final rule also stated that this provision applied to tests
by ``on-site police or public safety officials'' (59 FR 7484, 7497,
Feb. 15, 1994). Similar terms were used in guidance issued on section
382.303 (62 FR 16370, 16385, Apr. 4, 1997). Accordingly, FMCSA updates
paragraphs (g)(1) and (2) to clarify that the officials referenced are
law enforcement and public safety officials as originally intended when
part 382 was added to the CFR.

D. Part 383--Commercial Driver's License Standards; Requirements and
Penalties

Section 383.3 Applicability
    FMCSA revises paragraph (f)(3)(ii) as directed by statute. Section
23019 of IIJA directs FMCSA to amend this section to provide that a
restricted commercial driver's license issued to an employee in a farm-
related service industry be limited to the applicable seasonal periods
defined by the issuing State, with the condition that the total number
of days in any calendar year during which the restricted CDL is valid
does not exceed 210. (See IIJA section 23019). Accordingly, FMCSA
revises the first sentence of paragraph (f)(3)(ii) to read,
``Restricted CDLs shall have the same renewal cycle as unrestricted
CDLs but shall be limited to the seasonal period or periods as defined
by the State of licensure, provided that the total number of days in
any calendar year for which the restricted CDL is valid does not exceed
210.'' The revisions conform the FMCSRs with the language instructed in
section 23019 of IIJA.
Section 383.73 State procedures
    FMCSA revises Sec.  383.73(q) to clarify that, as used in paragraph
(q), the term ``downgrade'' means, specifically, the State's removal of
the commercial learner's permit (CLP) or CDL privilege from the
driver's license, as set forth in paragraph (4) of the definition of
CDL downgrade in Sec.  383.5. This amendment conforms to FMCSA's intent
as described in its final rule ``Controlled Substances and Alcohol
Testing: State Driver's Licensing Agency Non-issuance/Downgrade of
Commercial Driver's License'' (86 FR 55718, Oct. 7, 2021). This
revision is made in response to a petition for reconsideration of the
October 2021 final rule submitted to FMCSA by the Oregon Department of
Transportation (ODOT) on November 1, 2021, requesting that FMCSA
clarify the meaning of the term ``downgrade'' as used in Sec.
383.73(q).
    The October 2021 final rule established requirements for State
Driver Licensing Agencies (SDLA) to access and use information from
FMCSA's Drug and Alcohol Clearinghouse indicating that a CLP or CDL
holder or applicant cannot lawfully operate a CMV because they violated
the drug and alcohol use and testing prohibitions in 49 CFR part 382,
subpart B. Section 383.73(q) requires that the State, upon receiving
notification that the CLP or CDL holder is prohibited from operating a
CMV, initiate established State procedures for downgrading the CLP or
CDL. The downgrade must be completed and recorded on the Commercial
Driver's License Information System (CDLIS) driver record within 60
days of the State's receipt of such notification.
    The intent of the CLP/CDL downgrade requirement in Sec.  383.73(q),
i.e., the removal of the CLP or CDL from the driver's license, was
clearly explained in the preamble to the October 2021 final rule: ``. .
.SDLAs must remove the CLP or CDL privilege from the driver's license
of an individual subject to the CMV driving prohibition, which would
result in a downgrade of the license until the driver complies with
return-to-duty (RTD) requirements'' (86 FR 55718). However, as ODOT
pointed out, confusion may arise because the current definition of the
term CDL downgrade in Sec.  383.5 contains four alternative
definitions. This revision clarifies that, as used in Sec.  383.73(q),
the term ``downgrade'' refers specifically to the fourth alternative
definition, the removal of the CLP or CDL privilege from the driver's
license.

E. Part 385--Safety Fitness Procedures

Sections 385.3 Definitions and Acronyms
    FMCSA amends subparagraph (3) under the definition of reviews by
adding a comma after the word ``policies.''
Appendix B to Part 385--Explanation of Safety Rating Process
    FMCSA revises section VII of appendix B to part 385 by replacing
the citation for Sec.  382.305 with a citation to Sec.  382.305(a).
Currently, Sec.  382.305 is listed in appendix B to part 385 as the
citation for failing to implement a random controlled substances and/or
an alcohol testing program. However, Sec.  382.305 is the broad
citation that encompasses all random testing violations, while the more
specific citation should be Sec.  382.305(a) for no random program.
When the regulation was amended to add subsection (a), appendix B to
part 385 was never amended. FMCSA now makes this conforming change.

F. Part 391--Qualifications of Drivers and Longer Combination Vehicle
(LCV) Driver Instructors

Sections 391.23 Investigation and Inquiries
    FMCSA removes the paragraph headings for paragraphs (c)(4), (g)(5),
(m)(2), (m)(2)(i)(C), and (m)(3) to ensure consistency throughout Sec.
391.23. Additionally, FMCSA deletes paragraph (e)(4)(i) and
redesignates paragraphs (e)(4)(i)(A) and (B) as (e)(4)(i) and (ii),
respectively. Prior to this change paragraph (e)(4) had a subparagraph
(i), but no subparagraph (ii) which is not consistent with standard
practice for paragraph levels in the CFR. FMCSA also adds the
introductory text from paragraph (m)(2)(i) to the introductory text in
paragraph (m)(2) and deletes paragraph (m)(2)(i) to remove a

paragraph (i) that was not accompanied by a paragraph (ii).
Accordingly, FMCSA redesignates paragraphs (m)(2)(i)(A), (B), (B)(1),
(2), and (C) as paragraphs (m)(2)(i), (ii), (ii)(A), (B), and (iii),
respectively.
Section 391.25 Annual Inquiry and Review of Driving Record
    FMCSA deletes the paragraph heading from paragraph (c) for
consistency with the rest of Sec.  391.25.

G. Part 395--Hours of Service of Drivers

Section 395.1 Scope of Rules in This Part
    FMCSA revises paragraph (k) to reflect updated statutory authority
for this part. Section 23018 of IIJA amended section 229(a)(1) of MCSIA
(49 U.S.C. 31136 note) by adding a new exemption from the FMCSRs in
part 395 regarding hours of service of drivers during planting and
harvesting periods. The new exemption in section 229(a)(1)(D) of MCSIA
applies to ``drivers transporting livestock (as defined in section 602
of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
including insects) within a 150 air-mile radius from the final
destination of the livestock.'' The list of exemptions under section
229(a)(1) of MCSIA is currently codified in the FMCSRs at Sec.
395.1(k). FMCSA is adding a new paragraph (4) to Sec.  395.1(k) that
mirrors the language from the amended section 229(a)(1)(D) of MCSIA so
that the FMCSRs correctly reflect the exemptions from part 395 that are
listed in FMCSA's statutory authority.
Section 395.8 Driver's Record of Duty Status
    FMCSA revises a paragraph designation in Sec.
395.8(a)(1)(iii)(A)(3) by italicizing the (3) in accordance with
appropriate formatting of fifth level paragraphs in the CFR.\3\
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    \3\ See table 3-6 of the Document Drafting Handbook, National
Archives and Records Administration (Jan. 7, 2022), available at
https://www.archives.gov/federal-register/write/handbook?msclkid=b4c92a20cf9d11ec998402835df7c864.
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H. Part 396--Inspection, Repair, and Maintenance

Appendix A to Part 396--Minimum Periodic Inspection Standards
    FMCSA revises appendix A by emboldening and italicizing the titles
for sections 1.l. (Antilock Brake System), 1.m. (Automatic Brake
Adjusters), 14 (Motorcoach Seats), and 15 (Rear Impact Guard) for
consistency with the rest of the titles in the appendix.
    FMCSA also updates the paragraphs in section 15 that were added in
the November 9, 2021 final rule titled ``Parts and Accessories
Necessary for Safe Operation; Rear Impact Guards and Rear Impact
Protection'' (86 FR 62105). In the amendatory instructions for that
final rule, FMCSA inadvertently designated certain paragraphs under
section 15 as 1., 2., 3., etc. instead of (1), (2), (3), etc. This
resulted in those paragraphs appearing in the CFR as first level
paragraphs instead of third level paragraphs as intended. FMCSA
redesignates these paragraphs to remedy this inadvertent error.

I. Part 397--Transportation of Hazardous Materials; Driving and Parking
Rules

Section 397.71 Federal Standards
    FMCSA revises footnote 1 by replacing ``(MC-EC)'' with ``(MC-SE).''
This change aligns regulatory text with updates to the internal
organization of FMCSA and ensures that the correct office within the
Agency is listed.
Section 397.73 Public Information and Reporting Requirements
    FMCSA revises paragraph (b)(1)(ii) by replacing ``(MC-EC)'' with
``(MC-SE).'' This change aligns regulatory text with updates to the
internal organization of FMCSA and ensures that information submitted
under this section is directed to the correct office within the Agency.
Section 397.103 Requirements for State Routing Designations
    FMCSA revises paragraph (c)(1)(ii) by replacing ``(MC-EC)'' with
``(MC-SE).'' This change aligns regulatory text with updates to the
internal organization of FMCSA and ensures that written notices
submitted under this section are directed to the correct office within
the Agency.

III. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    This final rule is not a significant regulatory action under
section 3(f) of E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory
Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, Jan.
21, 2011), Improving Regulation and Regulatory Review, and this final
rule does not require an assessment of potential costs and benefits
under section 6(a)(3) of E.O. 12866. Accordingly, OMB has not reviewed
it under that Order. In addition, this rule is not significant within
the meaning of DOT regulations (49 CFR 5.13(a)). The amendments made in
this final rule primarily correct inadvertent errors and omissions,
remove or update obsolete references, and make minor language changes
to improve clarity and consistency. Some changes are statutorily
mandated or relate to previous changes that were statutorily mandated.
In accommodating those changes, the Agency is performing
nondiscretionary, ministerial acts. Other changes merely align
regulatory requirements with the underlying statutory authority. None
of the changes in this final rule imposes material new requirements or
increases compliance obligations; therefore, this final rule imposes no
new costs, and a full regulatory evaluation is unnecessary.

B. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801-808), the
Office of Information and Regulatory Affairs designated this rule as
not a ``major rule,'' as defined by 5 U.S.C. 804(2).

C. Regulatory Flexibility Act (Small Entities)

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis
because, as discussed earlier in the Legal Basis for the Rulemaking
section, this action is not subject to notice and public comment under
section 553(b) of the APA.

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, Mar.
29, 1996), FMCSA wants to assist small entities in understanding this
final rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the final rule will affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance;
please consult the person listed under the FOR FURTHER INFORMATION
CONTACT section of this final rule.
    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 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)
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 $170 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2020 levels) or more in any 1 year. This final rule will not result in
such an expenditure.

F. Paperwork Reduction Act (Collection of Information)

    This final rule 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 rule will not have
substantial direct costs on or for States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.

H. Privacy

    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005 (Pub. L. 108-447, 118 Stat. 2809, 3268, Dec.
8, 2004 (5 U.S.C. 552a note)), requires the Agency to conduct a privacy
impact assessment of a regulation that will affect the privacy of
individuals. Because this rule does not require the collection of
personally identifiable information, the Agency is not required to
conduct a privacy impact assessment.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002 (Pub. L. 107-347, sec. 208, 116 Stat.
2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a
privacy impact assessment for new or substantially changed technology
that collects, maintains, or disseminates information in an
identifiable form. No new or substantially changed technology will
collect, maintain, or disseminate information as a result of this rule.
Accordingly, FMCSA has not conducted a privacy impact assessment.

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, Mar. 1, 2004), Appendix 2, paragraphs 6.b,
6.c, and 6.t. These Categorical Exclusions address minor amendments and
corrections to existing regulations (e.g., concerning internal agency
functions, organization, or personnel administration, etc.), and
ensuring that States comply with the provisions of the Commercial Motor
Vehicle Safety Act of 1986 by having the appropriate laws and policies,
etc., concerning the qualification of licensing and persons who apply
for or are issued a CDL. Therefore, preparation of an environmental
assessment or environmental impact statement is not necessary.

List of Subjects

49 CFR Part 350

    Grant programs-transportation, Highway safety, Motor carriers,
Motor vehicle safety, Reporting and recordkeeping requirements, State
and local governments.

49 CFR Part 360

    Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Hazardous materials transportation, Highway safety,
Insurance, Motor carriers, Motor vehicle safety, Moving of household
goods, Penalties, Reporting and recordkeeping requirements, Surety
bonds.

49 CFR Part 380

    Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.

49 CFR Part 382

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.

49 CFR Part 385

    Administrative practice and procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety, Reporting and recordkeeping
requirements.

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping
requirements.

49 CFR Part 396

    Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.

49 CFR Part 397

    Administrative practice and procedure, Hazardous materials
transportation, Highway safety, Intergovernmental relations, Motor
carriers, Parking, Radioactive materials, Reporting and recordkeeping
requirements, Rubber and rubber products.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:

PART 350--MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH
PRIORITY PROGRAM

0
1. The authority citation for part 350 continues to read as follows:

    Authority:  49 U.S.C. 504, 13902, 31101, 31102, 31104, 31106,
31108, 31136, 31141,

31161, 31310, 31311, 31502; secs. 5106 and 5107, Pub. L. 114-94, 129
Stat. 1312, 1530; and 49 CFR 1.87.

Sec.  350.221  [Amended]

0
2. Amend Sec.  350.221 by removing the words ``next full Federal fiscal
year'' and adding in their place ``next 2 full Federal fiscal years''.

Sec.  350.227  [Amended]

0
3. In Sec.  350.227, amend paragraph (c)(2)(ii) by removing the words
``2004 and 2005'' and adding the words ``2014 and 2015'' in their
place.

0
4. Amend Sec.  350.403 by:
0
a. Revising paragraph (h);
0
b. In paragraph (i) removing the word ``or'';
0
c. Redesignating paragraph (j) as paragraph (k); and
0
d. Adding a new paragraph (j).
    The revision and addition read as follows:

Sec.  350.403  What are the High Priority Program objectives?

* * * * *
    (h) Advance the technological capability and promote the Innovative
Technology Deployment of intelligent transportation system applications
for CMV operations by States, including technology to detect, and
enforce actions taken as a result of, criminal activity (including
human trafficking) in a CMV or by any occupant of a CMV, including the
operator;
* * * * *
    (j) Support the recognition, prevention, and reporting of human
trafficking in a CMV or by any occupant of a CMV, including the
operator, and enforce laws relating to human trafficking; or
* * * * *

Sec.  350.405  [Amended]

0
5. In Sec.  350.405, amend paragraph (a) by removing the words ``, (i),
and (j)'' and adding the words ``and (i) through (k)'' in their place.

Sec.  350.411  [Amended]

0
6. In Sec.  350.411, amend paragraph (a) by removing the phrase ``,
(i), and (j)'' and adding the phrase ``and (i) through (k)'' in its
place.

PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE

0
7. The authority citation for part 360 continues to read as follows:

    Authority: 31 U.S.C. 9701; 49 U.S.C. 13908; and 49 CFR 1.87.

0
8. Amend Sec.  360.3 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (e)(3)(iii); and
0
c. Suspend the section indefinitely.
    The revision reads as follows:

Sec.  360.3  Filing fees.

* * * * *
    (e) * * *
    (3) * * *
    (iii) FMCSA action. FMCSA will notify the applicant of the decision
to grant or deny the request for waiver or reduction.

0
9. Amend Sec.  360.3T by revising paragraph (e)(2)(iii) to read as
follows:

Sec.  360.3T  Filing fees.

* * * * *
    (e) * * *
    (2) * * *
    (iii) Federal Motor Carrier Safety Administration action. The
Federal Motor Carrier Safety Administration will notify the applicant
of the decision to grant or deny the request for waiver or reduction.
* * * * *

PART 380--SPECIAL TRAINING REQUIREMENTS

0
10. The authority citation for part 360 continues to read as follows:

    Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502;
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151-2152;
sec. 32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.

Sec.  380.703  [Amended]

0
11. In Sec.  380.703(a)(7) and (b), remove the words ``website'' and
add, in their place, the word ``website''.

Sec.  380.717  [Amended]

0
12. In the introductory text to Sec.  380.717, remove the words
``website'' and add, in their place, the word ``website''.

0
13.Amend Sec.  380.723 by revising paragraphs (a) and (b) to read as
follows:

Sec.  380.723  Removal from training provider registry: procedure.

    (a) Voluntary removal. To be voluntarily removed from the Training
Provider Registry (TPR), a provider must submit written notice to
FMCSA, ATTN: Training Provider Registry Removal, 1200 New Jersey Avenue
SE, Washington, DC 20590 or through the TPR website. Upon receiving the
written notice, FMCSA will remove the training provider from the TPR.
On and after the date of issuance of a notice of proposed removal from
the TPR issued in accordance with paragraph (b) of this section, such a
voluntary removal notice will not be effective.
    (b) Involuntary removal; Notice of proposed removal. Except as
provided by paragraphs (a) and (e) of this section, FMCSA initiates the
process for involuntary removal of a provider from the TPR by issuing a
written notice to the provider, stating the reasons for the proposed
removal and setting forth any corrective actions necessary for the
provider to remain listed on the TPR. If a notice of proposed removal
is issued, the provider must notify current driver-trainees and driver-
trainees scheduled for future training of the proposed removal. If a
notice of proposed removal is issued to a training provider listed on
the TPR website, FMCSA will note on the TPR website that such notice
has been issued. FMCSA will remove the notation if the notice is
withdrawn.
* * * * *

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

0
14. The authority citation for part 382 continues to read as follows:

    Authority:  49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

Sec.  382.119  [Amended]

0
15. Amend Sec.  382.119(e) by removing the words ``Office of
Enforcement and Compliance (MC-EC)'' and adding the words ``Office of
Safety Programs (MC-SS)'' in their place.

0
16. Amend Sec.  382.303 by revising paragraph (g) to read as follows:

Sec.  382.303  Post-accident testing.

* * * * *
    (g)(1) The results of a breath or blood test for the use of
alcohol, conducted by Federal, State, or local law enforcement or
public safety officials having independent authority for the test,
shall be considered to meet the requirements of this section, provided
such tests conform to the applicable Federal, State or local alcohol
testing requirements, and that the results of the tests are obtained by
the employer.
    (2) The results of a urine test for the use of controlled
substances, conducted by Federal, State, or local law enforcement or
public safety officials having independent authority for the test,
shall be considered to meet the requirements of this section, provided
such tests conform to the applicable Federal, State or local controlled
substances testing requirements, and that the results of the tests are
obtained by the employer.
* * * * *

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
17. The authority citation for part 383 is revised to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126
Stat. 405, 830; sec. 23019 of Pub. L. 117-58, 135 Stat. 429, 777;
and 49 CFR 1.87.

0
18. Amend Sec.  383.3 by revising paragraph (f)(3)(ii) to read as
follows:

Sec.  383.3  Applicability.

* * * * *
    (f) * * *
    (3) * * *
    (ii) Restricted CDLs shall have the same renewal cycle as
unrestricted CDLs but shall be limited to the seasonal period or
periods as defined by the State of licensure, provided that the total
number of days in any calendar year for which the restricted CDL is
valid does not exceed 210. If a State elects to provide for more than
one seasonal period, the restricted CDL is valid for commercial motor
vehicle operation only during the currently approved season, and must
be revalidated for each successive season. Only one seasonal period of
validity may appear on the license document at a time. The good driving
record must be confirmed prior to any renewal or revalidation.
* * * * *

0
19. Amend Sec.  383.73 by revising paragraph (q) introductory text to
read as follows:

Sec.  383.73  State procedures.

* * * * *
    (q) Drug and Alcohol Clearinghouse. Beginning November 18, 2024,
the State must, upon receiving notification that pursuant to Sec.
382.501(a) of this chapter the CLP or CDL holder is prohibited from
operating a commercial motor vehicle, initiate established State
procedures for downgrading the CLP or CDL. The downgrade must be
completed and recorded on the CDLIS driver record within 60 days of the
State's receipt of such notification. As used in this paragraph, the
term ``downgrade'' means the State's removal of the CLP or CDL
privilege from the driver's license, as set forth in paragraph (4) the
definition of CDL downgrade in Sec.  383.5.
* * * * *

PART 385--SAFETY FITNESS PROCEDURES

0
20. 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, 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.

Sec.  385.3  [Amended]

0
21. In Sec.  385.3 amend the definition of ``Reviews'' by adding a
comma after the word ``policies'' in paragraph (3).

Appendix B to Part 385 [Amended]

0
22. Amend section VII of appendix B to part 385 by removing the
reference ``Sec.  382.305'' and adding, in its place, the reference
``Sec.  382.305(a)''.

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS

0
23. The authority citation for part 391 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs.
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2,
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.

0
24. Amend Sec.  391.23 by revising paragraphs (c)(4), (e)(4), (g)(5),
(m)(2), and (m)(3) introductory text to read as follows:

Sec.  391.23  Investigation and inquiries.

* * * * *
    (c) * * *
    (4) For drivers with no previous employment experience working for
a DOT-regulated employer during the preceding three years,
documentation that no investigation was possible must be placed in the
driver investigation history file, after October 29, 2004, within the
required 30 days of the date the driver's employment begins.
* * * * *
    (e) * * *
    (4) As of January 6, 2023, employers subject to Sec.  382.701(a) of
this chapter must use the Drug and Alcohol Clearinghouse to comply with
the requirements of this section with respect to FMCSA-regulated
employers.
    (i) If an applicant who is subject to follow-up testing has not
successfully completed all follow-up tests, the employer must request
the applicant's follow-up testing plan directly from the previous
employer in accordance with Sec.  40.25(b)(5) of this title.
    (ii) If an applicant was subject to an alcohol and controlled
substance testing program under the requirements of a DOT mode other
than FMCSA, the employer must request alcohol and controlled substances
information required under this section directly from those employers
regulated by a DOT mode other than FMCSA.
* * * * *
    (g) * * *
    (5) Until May 1, 2006, carriers need only provide information for
accidents that occurred after April 29, 2003.
    (m) * * *
    (2) For drivers required to have a commercial driver's license
under part 383 of this chapter, beginning January 30, 2015, using the
CDLIS motor vehicle record obtained from the current licensing State,
the motor carrier must verify and document in the driver qualification
file the following information before allowing the driver to operate a
CMV:
    (i) The type of operation the driver self-certified that he or she
will perform in accordance with Sec.  383.71(b)(1) of this chapter.
    (ii)(A) Beginning on May 21, 2014, and through June 22, 2025, that
the driver was certified by a medical examiner listed on the National
Registry of Certified Medical Examiners as of the date of medical
examiner's certificate issuance.
    (B) If the driver has certified under paragraph (m)(2)(i)(A) of
this section that he or she expects to operate in interstate commerce,
that the driver has a valid medical examiner's certificate and any
required medical variances.
    (iii) Beginning on January 30, 2015, and through June 22, 2025, if
the driver provided the motor carrier with a copy of the current
medical examiner's certificate that was submitted to the State in
accordance with Sec.  383.73(b)(5) of this chapter, the motor carrier
may use a copy of that medical examiner's certificate as proof of the
driver's medical certification for up to 15 days after the date it was
issued.
    (3) For drivers required to have a commercial learner's permit
under part 383 of this chapter:
* * * * *

Sec.  391.25  [Amended]

0
25. Amend Sec.  391.25 by removing the paragraph (c) heading.

PART 395--HOURS OF SERVICE OF DRIVERS

0
26. The authority citation for part 395 continues to read as follows:

    Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502;
sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L.
106-159 (as added and transferred by sec. 4115 and amended by secs.
4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113
Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744;
sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub.
L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.

0
27. In Sec.  395.1 amend paragraph (k) by:
0
a. In paragraph (k)(2) removing the word ``or'';
0
b. In paragraph (k)(3) removing ``.'' and adding ``; or'' in its place;
and
0
c. Adding paragraph (k)(4).
    The addition reads as follows:

Sec.  395.1  Scope of rules in this part.

* * * * *
    (k) * * *
    (4) Livestock (as defined in section 602 of the Emergency Livestock
Feed Assistance Act of 1988 (7 U.S.C. 1471) including insects)) within
a 150 air-mile radius from the final destination of the livestock.

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

0
28. The authority citation for part 396 continues to read as follows:

    Authority:  49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.

0
29. Amend appendix A to part 396 by:
0
a. In section 1 revising the section heading and the headings of
paragraphs 1.l and m;
0
b. In section 14 revising the section heading; and
0
c. Revising section 15.
    The revisions read as follows:

Appendix A to Part 396--Minimum Periodic Inspection Standards

* * * * *
    1. Brake System.
* * * * *
    l. Antilock Brake System 1 2 3
* * * * *
    m. Automatic Brake Adjusters
* * * * *
    14. Motorcoach Seats.
* * * * *
    15. Rear Impact Guard.
    a. Trailers and semitrailers with a GVWR of 4,536 kg (10,001
lbs.) or more, manufactured on or after January 26, 1998 (see
exceptions in Sec.  393.86(a)(1) of this subchapter).
    (1) Missing guard.
    (2) Guard is not securely attached to trailer, including broken
or missing fasteners, any welds or parent metal cracked, or other
damage that compromises secure attachment of the guard.
    (3) Guard horizontal member does not extend to within 100 mm (4
inches) of each, or extends beyond either, side extremity of the
vehicle.
    (4) Guard horizontal member is more than 560 mm (22 inches)
above the ground.
    (5) Guard horizontal member is more than 305 mm (12 inches)
forward of the rear extremity of the vehicle.
    (6) Guard horizontal member does not have a cross sectional
vertical height of at least 100 mm (4 inches) across its entire
width.
    b. Commercial motor vehicles manufactured after December 31,
1952 (except trailers and semitrailers manufactured on or after
January 26, 1998) (see exceptions in Sec.  393.86(b)(1) and
393.86(b)(3) of this subchapter).
    (1) Missing guard.
    (2) Guard is not securely attached to trailer by bolts, welding,
or other comparable means.
    (3) Guard horizontal member is more than 762 mm (30 inches)
above the ground.
    (4) Guard horizontal member does not extend to within 457 mm (18
inches) of each side extremity of the vehicle.
    (5) Guard horizontal member is more than 610 mm (24 inches)
forward of the rear extremity of the vehicle.

PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES

0
30. The authority citation for part 397 continues to read as follows:

    Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.

Sec.  397.71  [Amended]

0
31. In Sec.  397.71 amend footnote 1 by removing the words ``(MC-EC)''
and adding the words ``(MC-SE)'' in their place.

Sec.  397.73  [Amended]

0
32. Amend Sec.  397.73(b)(1)(ii) by removing the words ``(MC-EC)'' and
adding the words ``(MC-SE)'' in their place.

Sec.  397.103  [Amended]

0
33. Amend Sec.  397.103(c)(1)(ii) by removing the words ``(MC-EC)'' and
adding the words ``(MC-SE)'' in their place.

    Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-20644 Filed 9-28-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Rules and Regulations]
[Pages 49908-49910]
[FR Doc No: 2013-18912]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0448; Directorate Identifier 2013-CE-007-AD;
Amendment 39-17542; AD 2013-16-04]
RIN 2120-AA64

Airworthiness Directives; Eclipse Aerospace, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Eclipse Aerospace, Inc. Model EA500 airplanes equipped with Avio, Avio
with ETT, or Avio NG 1.0 avionics suites. This AD was prompted by a
report of potential aircraft hardware failure in the autopilot control
panel and the center switch panel. This AD requires either
incorporating updates to the aircraft computer system software or
incorporating a temporary revision to the aircraft flight manual. We
are issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective September 20, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 20,
2013.

ADDRESSES: For service information identified in this AD, contact
Eclipse Aerospace, Inc., 26 East Palatine Road, Wheeling, Illinois
60090; telephone:<PHONE_NUMBER>; Internet: www.eclipse.aero. You may
review copies of the referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Scott Fohrman, Aerospace Engineer,
FAA, Chicago Aircraft Certification Office, 2300 East Devon Avenue,
Room 107, Des Plaines, Illinois 60018; phone:<PHONE_NUMBER>; fax:
(847) 294-7834; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
The NPRM published in the Federal Register on May 22, 2013 (78 FR
30243). The NPRM proposed to require either incorporating updates to
the aircraft computer system or incorporating a temporary revision to
the aircraft flight manual.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 30243, May 22,
2013) or on the determination of the cost to the public. However, we
have received a revision to one of the service bulletins referenced in
the NPRM. The revision does not add any additional burden to the
owners/operators of the airplanes affected by the NPRM; therefore, we
are including the revised service information into this AD as an
additional method of compliance.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 30243, May 22, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 30243, May 22, 2013).

Differences Between This AD and the Service Information

    Eclipse Aerospace, Inc. Mandatory Service Bulletin Number SB 500-
31-026, Rev. A, dated November 6, 2012, and SB 500-31-026, Rev. B,
dated March 27, 2013, which applies only to

airplanes equipped with NG 1.0 avionics suites, requires incorporating
a temporary revision into the airplane flight manual (AFM) and
incorporating an update to the aircraft computer system (ACS) hardware
with monthly data uploads to Eclipse Aerospace, Inc. until the ACS
software is updated. Specifically, the AFM revision requires an altered
engine start and emergency procedures checklist.
    This AD allows doing either the AFM revision or the ACS software
update.

Costs of Compliance

    We estimate that this AD affects 81 airplanes of U.S. registry.
There are 38 of the affected airplanes equipped with Avio or Avio ETT
avionics suites and 43 of the affected airplanes equipped with NG 1.0
avionics suites.
    We estimate the following costs to comply with this AD. Airplanes
equipped with NG 1.0 avionics suites will be allowed do either the AFM
update or the ACS update:

                  Estimated Costs for Airplanes Equipped With Avio or Avio ETT Avionics Suites
----------------------------------------------------------------------------------------------------------------
                                                                               Cost per         Cost on U.S.
              Action                     Labor cost         Parts  cost        product            operators
----------------------------------------------------------------------------------------------------------------
ACS update for airplanes equipped   .5 work-hour x $85            $1,950        $1,992.50   $1,992.50 x 38
 with Avioor Avio ETT avionics       per hour = $42.50.                                      affected airplanes
 suites.                                                                                = $75,715.00.
----------------------------------------------------------------------------------------------------------------

                       Estimated Costs for Airplanes Equipped With NG 1.0 Avionics Suites
                               [Requires either the AFM update OR the ACS update]
----------------------------------------------------------------------------------------------------------------
                                                                               Cost per         Cost on U.S.
              Action                     Labor cost          Parts cost        product            operators
----------------------------------------------------------------------------------------------------------------
AFM update for airplanes equipped   .5 work-hour x $85    Not applicable           $42.50   $42.50 x 43 affected
 with NG 1.0 avionics suites.        per hour = $42.50.                                      airplanes =
                                                                                $1,827.50.
----------------------------------------------------------------------------------------------------------------
                                                       OR
----------------------------------------------------------------------------------------------------------------
ACS update for airplanes equipped   .5 work-hour x $85           $37,000       $37,042.50   $37,042.50 x 43
 with NG 1.0 avionics suites.        per hour.                                               affected airplanes
                                    = $42.50............                                     = $1,592,827.50.
----------------------------------------------------------------------------------------------------------------

    Incorporating the AFM update represents a terminating action for AD
compliance without imposing any limitations on aircraft operations. It
is the operator's choice to incorporate either the AFM update or the
ACS update.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):
2013-16-04 Eclipse Aerospace, Inc.: Amendment 39-17542; Docket No.
FAA-2013-0448; Directorate Identifier 2013-CE-007-AD.

(a) Effective Date

    This AD is effective September 20, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Eclipse Aerospace, Inc. Model
EA500 airplanes, all serial numbers, that are certificated in any
category, and are equipped with:
    (1) Avio avionics suites; or
    (2) Avio with ETT avionics suites; or
    (3) Avio NG 1.0 avionics suites.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code, Code 23: Communications.

(e) Unsafe Condition

    This AD was prompted by a report of potential aircraft hardware
failure in the

autopilot control panel and the center switch panel. We are issuing
this AD to prevent failure of the hardware/software combination
within the autopilot control panel and/or center switch panel, which
could result in uncommanded fire suppression system activation and
simultaneous shutdown of both engines.

(f) Compliance

    Unless already done, do the following actions within the
compliance times specified in paragraph (g) of this AD.

(g) Update Aircraft Computer Software (ACS)

    (1) For airplanes equipped with Avio or Avio with ETT avionics
suites: Within 6 calendar months after September 20, 2013 (the
effective date of this AD), update the ACS following paragraphs 3.A.
through 3.C. of the Accomplishment Instructions in Eclipse
Aerospace, Inc. Mandatory Service Bulletin Number SB 500-31-014,
Rev. A, dated February 15, 2011.
    (2) For airplanes equipped with NG 1.0 avionics suites: Within 6
calendar months after September 20, 2013 (the effective date of this
AD), do one of the following:
    (i) Insert Temporary Revision No. 016, to EA500 POH and FAA-
Approved Airplane Flight Manual, Firewall Valve, 06-122204-TR016,
issued November 9, 2012, into the Limitations section of the
airplane flight manual following paragraph 3.B.(1)(a) of the
Accomplishment Instructions in Eclipse Aerospace, Inc. Mandatory
Service Bulletin Number SB 500-31-026, Rev. A, dated December 7,
2012, or Eclipse Aerospace, Inc. Mandatory Service Bulletin Number
SB 500-31-026, Rev. B, dated March 27, 2013; or
    (ii) Update the ACS following paragraphs 3.A. through 3.C. of
the Accomplishment Instructions in Eclipse Aerospace, Inc. Mandatory
Service Bulletin Number SB 500-31-019, Rev. B, dated March 13, 2013.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    For more information about this AD, contact Scott Fohrman,
Aerospace Engineer, FAA, Chicago ACO, 2300 East Devon Avenue, Room
107, Des Plaines, Illinois 60018; phone:<PHONE_NUMBER>; fax: (847)
294-7834; email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eclipse Aerospace, Inc. Mandatory Service Bulletin Number SB
500-31-014, Rev. A, dated February 15, 2011.
    (ii) Eclipse Aerospace, Inc. Mandatory Service Bulletin Number
SB 500-31-019, Rev. B, dated March 13, 2013.
    (iii) Eclipse Aerospace, Inc. Mandatory Service Bulletin Number
SB 500-31-026, Rev. A, dated December 7, 2012.
    (iv) Eclipse Aerospace, Inc. Mandatory Service Bulletin Number
SB 500-31-026, Rev. B, dated March 27, 2013.
    (v) Temporary Revision No. 016, to EA500 POH and FAA-Approved
Airplane Flight Manual, Firewall Valve, 06-122204-TR016, issued
November 9, 2012.
    (3) For Eclipse Aerospace, Inc. service information identified
in this AD, contact Eclipse Aerospace, Inc. 26 East Palatine Road,
Wheeling, Illinois 60090; telephone:<PHONE_NUMBER>; Internet:
www.eclipse.aero.
    (4) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on July 31, 2013.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-18912 Filed 8-15-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2311-2313]
[FR Doc No: 2020-00178]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0240; FRL-10003-97-Region 9]

Extreme Area Submission Requirements, Coachella Valley
Nonattainment Area; California Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a schedule for California to submit an ``Extreme''
ozone nonattainment area plan addressing the requirements of CAA
section 182(e) and revised title V and new source review (NSR) rules
for the 1997 8-hour ozone national ambient air quality standards
(NAAQS). The EPA is approving a deadline of one year from the effective
date of this rule for the State to submit a state implementation plan
(SIP) revision addressing these requirements and to implement the
related control requirements.

DATES: This final action is effective on February 14, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0240. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, EPA Region IX, 75 Hawthorne
St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 10, 2019, the EPA granted \1\ a request by the California
Air Resources Board (CARB) to voluntarily reclassify the Coachella
Valley portion of Riverside County, California (``Coachella Valley'')
from ``Severe-15'' to ``Extreme'' for the 1997 ozone NAAQS.\2\ On
August 27, 2019 (84 FR 44801), the EPA proposed to require CARB and the
South Coast Air Quality Management District (SCAQMD or ``District'') to
submit SIP revisions addressing the requirements resulting from the
EPA's reclassification by no later than July 10, 2020, one year from
the effective date of the reclassification. Our proposal specified that
the State's submittal must include an Extreme area plan that addresses
the requirements of CAA section 182(e), including but not limited to:
(1) An attainment demonstration showing attainment of the 1997 ozone
NAAQS as expeditiously as practicable but no later than June 15, 2024;
(2) a reasonable further progress (RFP) demonstration showing ozone
precursor reductions of at least 3 percent per year until the
attainment date; (3) additional reasonably available control technology
(RACT) rules to address sources subject to the lower Extreme area major
source threshold; (4) use of clean fuels or advanced control technology
for boilers as described at CAA section 182(e)(3); and (5) contingency
measures.\3\ In addition, as explained in the proposal, California must
submit revised title V and NSR rules for the Coachella Valley that
reflect the Extreme area definitions for new major sources and
modifications, as well as increase the offset ratios for these sources
and modifications consistent with CAA section 182(e)(1) and (2).\4\
---------------------------------------------------------------------------

    \1\ 84 FR 32841; see also 84 FR 50760 (September 26, 2019)
correcting the docket number. As explained in the July 10, 2019
notice, the EPA's reclassification to Extreme nonattainment applies
only to the portions of the Coachella Valley subject to the State's
jurisdiction, and the EPA did not reclassify any areas of Indian
country within the boundaries of the nonattainment area.
    \2\ The EPA revoked the 1997 ozone NAAQS with the promulgation
of the 2008 ozone NAAQS, 80 FR 12263 (March 6, 2015). Following
revocation, certain requirements of the 1997 ozone NAAQS continue to
apply as anti-backsliding measures under CAA section 172(e).
    \3\ Id. at 44802.
    \4\ Under CAA section 182(e), the major source threshold for an
Extreme nonattainment area is 10 tons per year (tpy), which is lower
than the 25 tpy threshold for a Severe-15 area. Under CAA section
182(e)(1), the permitting offset ratios for volatile organic
compound and oxides of nitrogen for major sources and modifications
in an Extreme nonattainment area must be at least 1.5 to 1, or at
least 1.2 to 1 if the plan requires all existing major sources in
the nonattainment area to use the best available control technology.
Under CAA section 182(e)(2), any change at a major stationary source
that results in an increase in emissions from any discrete
operation, unit, or other pollutant emitting activity at the source
is generally considered a modification, subject to additional
provisions for emissions increases offset through internal
reductions and for equipment that is installed to comply with CAA
requirements. See 42 U.S.C. 7511a(e).
---------------------------------------------------------------------------

    Please see our August 27, 2019 proposed rule for additional
background and a more detailed explanation of our proposed action.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received three comments, including one not
relevant to the proposed action. The full text of these comments is
available in the docket for this action.\5\ Below, we provide summaries
of the two relevant comments and our responses.
---------------------------------------------------------------------------

    \5\ See http://www.regulations.gov under docket ID number EPA-
R09-OAR-2019-0240.
---------------------------------------------------------------------------

    Comment #1: One anonymous commenter supported the reclassification
of the Coachella Valley, but asked how the reclassification will
improve air quality. The commenter stated that air quality in the area
calls for drastic action from the state, and cited other environmental
hazards of concern, such as pesticide application, failing septic
systems, illegal waste dumps, inadequate housing, unpaved streets and
contaminated bodies of water. The commenter also emphasized the need
for action on the part of public agencies, elected officials,
foundations, businesses, advocates and residents.
    Response #1: The EPA granted the reclassification request,
effective July 10, 2019. This action specifies the schedule for CARB to
submit the elements necessary to meet the Extreme requirements for the
1997 ozone NAAQS, including new rules to lower the major source
threshold from 25 tons per year to 10 tons per year. The SCAQMD and
CARB must identify and implement the control measures necessary to
improve air quality sufficiently to attain the standards, and the EPA
will take action on the submitted measures and elements in a separate
action, with another opportunity for public comment.
    Comment #2: The SCAQMD requested additional time to submit a plan
addressing the Extreme nonattainment requirements for the Coachella
Valley. The District explained that the public process for amending the
NSR and title V permitting rules is expected to take at least 9 months,
and that the development of contingency measures would take at least
one year to allow for sufficient public process. Based on these
estimates and considering the time needed to develop the other SIP
requirements, the District states that the proposed July 10, 2020
deadline is not adequate to satisfy the applicable requirements. The
District requests that the EPA extend the submittal deadline to one
year from the effective date of the action.
    Response #2: We recognize that the District and CARB will require
adequate time to develop and implement new measures and strategies,
revise local rules, complete necessary analysis and demonstrations, and
to provide adequate opportunities for public involvement. The State
must ensure that all required planning elements for an Extreme
nonattainment area are satisfied, that public processes are completed,
and that the resulting plan is sufficient to demonstrate attainment of
the 1997 ozone NAAQS in the Coachella Valley as expeditiously as
practicable but no later than June 15, 2024. Because we find the
District's request for additional time reasonable, and we believe the
additional time will not impede the area's attainment of the standard
by the attainment date, we agree with the commenter's proposed
extension of the submittal deadline to one year from the effective date
of this rule.

III. EPA Action

    For the reasons discussed in detail in the proposed rule and
Section II of this document, the EPA is setting a deadline for
submittal of SIP revisions to address the Extreme area requirements for
the Coachella Valley as no later than one year from the effective date
of this rule.

IV. Statutory and Executive Order Reviews

    Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011), this action is not a
``significant regulatory action'' and therefore is not subject to
review by the Office of Management and Budget. Because the statutory
requirements are clearly defined with respect to the differently
classified areas, and because those requirements are automatically

triggered by classification, the timing of the submittal of the Extreme
area requirements does not impose a materially adverse impact under
Executive Order 12866. For these reasons, this action is also not
subject to Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). Furthermore, this action is not an Executive
Order 13771 (82 FR 9339, February 2, 2017) regulatory action because it
is not significant under Executive Order 12866.
    In addition, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), because the action
addresses only the timing of submittals required by the Clean Air Act.
For the same reason, this action does not have regulatory requirements
that might significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    Executive Order 13175 (65 FR 67249, November 9, 2000) requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects 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.'' Because this action addresses only the
timing of submittals required by the State and would not affect areas
of Indian Country, this action does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175.
    This action also does not have federalism implications because it
does not have 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, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action does not alter the relationship, or the
distribution of power and responsibilities established in the Clean Air
Act.
    This rule also is not subject to Executive Order 13045. The EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that concern environmental health or safety risks such that the
analysis required under section 5-501 of the Executive order has the
potential to influence the regulation. This action does not concern an
environmental health risk or safety risk.
    As this action would set a deadline for the submittal of CAA
required plans and information, the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. This action addresses the timing for
the submittal of Extreme area ozone planning requirements, and we find
that it does not have disproportionately high and adverse human health
or environmental health effects on minority populations, low-income
populations and/or indigenous peoples, as specified in Executive Order
12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a 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. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 16, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Incorporation by reference, Ozone.

    Dated: December 18, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2020-00178 Filed 1-14-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Page 27802]
[FR Doc No: 2017-12665]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-1794-000]

Innovative Solar 42, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
Innovative Solar 42, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 3, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: June 13, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-12665 Filed 6-16-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Pages 45585-45586]
[FR Doc No: 2017-20434]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2017-0438; FRL-9968-07-OECA]

Proposed Information Collection Request; Comment Request; Annual
Public Water Systems Compliance Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Annual Public Water System
Compliance Report'' (EPA ICR No. 1812.06, OMB Control No. 2020-0020) to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. Before doing so, EPA is
soliciting public comments on specific aspects of the proposed
information collection as described below. This is a proposed extension
of the ICR, which is currently approved through April 30, 2018. 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 OMB control number.

DATES: Comments must be submitted on or before November 28, 2017.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2017-0438 online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Raquel Taveras, Monitoring, Assistance
and Media Programs Division, Office of Compliance, MC-2227A,
Environmental Protection Agency, 1200 Pennsylvania

Ave. NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: Section 1414(c)(3)(A) of the Safe Drinking Water Act
(SDWA) requires that each state (a term that includes states,
commonwealths, tribes and territories) that has primary enforcement
authority under the SDWA shall prepare, make readily available to the
public, and submit to the Administrator of EPA, an annual report of
violations of national primary drinking water regulations in the state.
These Annual State Public Water System Compliance Reports are to
include violations of maximum contaminant levels, treatment
requirements, variances and exemptions, and monitoring requirements
determined to be significant by the Administrator after consultation
with the states. To minimize a state's burden in preparing its annual
statutorily-required report, EPA issued guidance that explains what
Section 1414(c)(3)(A) requires and provides model language and
reporting templates. EPA also annually makes available to the states a
computer query that generates for each state (from information states
are already separately required to submit to EPA's national database on
a quarterly basis) the required violations information in a table
consistent with the reporting template in EPA's guidance.
    Form numbers: None.
    Respondents/affected entities: Entities that are potentially
affected by this action are States that have primacy enforcement
authority and meet the definition of ``state'' under the SDWA.
    Respondent's obligation to respond: Mandatory section 1414
(c)(3)(A) of SDWA.
    Estimated number of respondents: 55 (total).
    Frequency of response: Annually.
    Total estimated burden: 4,400 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $232,303 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in estimates: There is no change of hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This universe of respondents remains the same.

    Dated: September 8, 2017.
Edward J. Messina,
Director, Monitoring, Assistance and Media Programs.
[FR Doc. 2017-20434 Filed 9-28-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Notices]
[Pages 27960-27961]
[FR Doc No: 2013-11279]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-37-003.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35: 05-03-2013 Schedule 43 Escanaba Compliance to be
effective 6/15/2012.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5137.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-38-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35: 05-03-2013 SA 6500 Escanaba-MISO SSR Compliance
to be effective 6/15/2012.
    Filed Date: 5/3/13.

    Accession Number: 20130503-5136.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-311-001.
    Applicants: MP2 Energy IL LLC.
    Description: Compliance Filing to be effective 4/29/2013.
    File Date: 5/3/13.
    Accession Number: 20130503-5092.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-868-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2013-05-02 Module E-2 Compliance to be effective 4/3/
2013.
    Filed Date: 5/2/13.
    Accession Number: 20130502-5130.
    Comments Due: 5 p.m. ET 5/23/13.

    Docket Numbers: ER13-1414-000.
    Applicants: ITC Midwest LLC.
    Description: Filing of CIAC Agreement of ITC Midwest to be
effective 7/2/2013.
    Filed Date: 5/2/13.
    Accession Number: 20130502-5083.
    Comments Due: 5 p.m. ET 5/23/13.

    Docket Numbers: ER13-1415-000.
    Applicants: El Paso Electric Company.
    Description: Concurrence of EPE to APS Service Agreement No. 193,
Amendment 2 to be effective 2/28/2013.
    Filed Date: 5/2/13.
    Accession Number: 20130502-5135.
    Comments Due: 5 p.m. ET 5/23/13.

    Docket Numbers: ER13-1416-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2013-05-03 SA 2519 NIPSCO-Duke IA to be effective 4/5/
2013.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5013.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-1417-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Notice of Cancellation of Engineering, Permitting and
Construction Services Agreement with Luther Forest Technology Campus
Economic Development Corporation of Niagara Mohawk Power Corporation
ER13-1417.
    Filed Date: 5/2/13.
    Accession Number: 20130502-5149.
    Comments Due: 5 p.m. ET 5/23/13.

    Docket Numbers: ER13-1418-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Notice of Cancellation of Agreement for Substation
Services with Nine Mile Point Nuclear Station LLC of Niagara Mohawk
Power Corporation.
    Filed Date: 5/2/13.
    Accession Number: 20130502-5150.
    Comments Due: 5 p.m. ET 5/23/13.

    Docket Numbers: ER13-1419-000.
    Applicants: ExxonMobil Baton Rouge Complex.
    Description: Refile tariff title change to be effective 5/4/2013.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5076.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-1420-000.
    Applicants: MP2 Energy NE LLC.
    Description: Compliance Filing to be effective 5/4/2013.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5091.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-1421-000.
    Applicants: Llano Estacado Wind, LLC.
    Description: Updated MBRT 5-3-2013 to be effective 5/4/2013.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5096.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-1422-000.
    Applicants: Ebensburg Power Company.
    Description: Ebensburg Power Company submits tariff filing per
35.12: Initial Tariff Baseline to be effective 5/12/2013.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5135.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-1423-000.
    Applicants: Massachusetts Electric Company.
    Description: Massachusetts Electric Company submits tariff filing
per 35.13(a)(2)(iii: Interconnection Agreement Between Massachusetts
Elec Co. and Energy Thorndike to be effective 7/3/2013.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5138.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-1424-000.
    Applicants: New York Independent System Operator, Inc., PJM
Interconnection, L.L.C.
    Description: Joint Waiver Request to Change Scheduled Interchange
Expected on Ramapo PAR of New York Independent System Operator, Inc.
and PJM Interconnection, L.L.C.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5162.
    Comments Due: 5 p.m. ET 5/10/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 6, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-11279 Filed 5-10-13; 8:45 am]
BILLING CODE 6717-01-P