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Safety Fitness Determinations

Publication: Federal Register
Agency: Federal Motor Carrier Safety Administration
Byline: Larry W. Minor
Date: 23 October 2023
Subjects: American Government , Safety 
[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Proposed Rules]
[Pages 72727-72728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23303]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 365, 385, 386, 387, and 395

[Docket No. FMCSA-2022-0003]
RIN 2126-AC52


Safety Fitness Determinations

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

ACTION: Advance notice of proposed rulemaking (ANPRM); extension of 
comment period.

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SUMMARY: FMCSA extends the comment period for its August 29, 2023, 
ANPRM requesting public comment on the need for a rulemaking to revise 
the regulations prescribing the safety fitness determination (SFD) 
process; the available science or technical information to analyze 
regulatory alternatives for determining the safety fitness of motor 
carriers; feedback on the Agency's current SFD regulations, including 
the process and impacts; the available data and costs for regulatory 
alternatives reasonably likely to be considered as part of this 
rulemaking; and the specific questions in the ANPRM. FMCSA extends the 
comment period for 30 days until November 29, 2023.

DATES: The comment period for the proposed rule published August 29, 
2023, at 88 FR 59489, is extended. Comments should be received on or 
before November 29, 2023.

[[Page 72728]]


ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0003 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0003/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Dockets Operations.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Ms. Stacy Ropp, (609) 661-2062, 
SafetyFitnessDetermination@dot.gov. If you have questions on viewing or 
submitting material to the docket, call Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for the 
ANPRM (FMCSA-2022-0003) and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/document/FMCSA-2022-0003-0005, click ``Comment,'' and type your comment 
into the text box on the following screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    FMCSA will consider all comments and material received during the 
comment period.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the ANPRM contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
ANPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the ANPRM. Submissions containing CBI should be 
sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, Office 
of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 
at brian.g.dahlin@dot.gov. At this time, you need not send a duplicate 
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any 
comments FMCSA receives not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2022-0003/document and 
choose the document to review. To view comments, click the ANPRM, then 
click ``Browse Posted Comments.'' If you do not have access to the 
internet, you may view the docket online by visiting Dockets Operations 
on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

C. Privacy

    In accordance with 49 U.S.C. 13301(a) and 5 U.S.C. 553(c), DOT 
solicits comments from the public to better inform its regulatory 
process. DOT posts these comments, without edit, including any personal 
information the commenter provides, to www.regulations.gov. As 
described in the system of records notice DOT/ALL 14 (Federal Docket 
Management System (FDMS)), which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of the submitter.

II. Background

    FMCSA published an ANPRM on August 29, 2023, with a comment 
deadline of October 30, 2023 (88 FR 59489). That ANPRM discussed 
current SFD procedure, the 2016 notice of proposed rulemaking 
(NPRM),\1\ relevant legislation, and the status of the Safety 
Measurement System Program, and it requested answers to twelve specific 
questions along with other public comment.
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    \1\ On January 21, 2016, FMCSA published in the Federal Register 
an NPRM titled ``Carrier Safety Fitness Determination'' (81 FR 3562, 
available at https://www.regulations.gov/document/FMCSA-2015-0001-0076). That NPRM proposed SFDs based on the carrier's on-road safety 
data; an investigation; or a combination of on-road safety data and 
investigation information.
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    As of October 10, 2023, three commenters to the docket filed 
comments requesting extensions of the comment period: The American 
Trucking Associations (ATA)(https://www.regulations.gov/comment/FMCSA-2022-0003-0014), the Commercial Vehicle Safety Alliance (CVSA) (https://www.regulations.gov/comment/FMCSA-2022-0003-0016), and the American 
Bus Association (ABA) (https://www.regulations.gov/comment/FMCSA-2022-0003-0015).
    ATA and CVSA requested 30-day extensions, and the ABA requested a 
60-day extension. These associations cited the ``complexity and 
breadth'' of questions, and the timing of the request. ATA specifically 
cited a conference occurring towards the end of the current comment 
period at which it planned to solicit input from its members.
    The comment period for the ANPRM is scheduled to close on October 
30, 2023. FMCSA believes it is in the public interest to allow for 
public comment for an extended period. Accordingly, FMCSA extends the 
comment period for all comments on the ANPRM and its related documents 
for 30 days, until November 29, 2023.

    Issued under authority delegated in 49 CFR 1.87.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2023-23303 Filed 10-20-23; 8:45 am]
BILLING CODE 4910-EX-P




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