[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22942-22946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09704]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2025-0107]
RIN 2126-AC81
Parts and Accessories Necessary for Safe Operation; Certification
and Labeling Requirements for Rear Impact Protection Guards
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety
Regulations (FMCSRs) to rescind the requirement that the rear impact
guard be permanently marked or labeled with a certification from the
impact guard manufacturer as required by the National Highway Traffic
Safety Administration's (NHTSA) applicable Federal Motor Vehicle Safety
Standard (FMVSS). The certification label or marking provides motor
carriers purchasing new trailers or new impact guards to replace
damaged devices with a means to determine whether the equipment is
certified as meeting the FMVSS. However, the labeling or marking
requirement has proven problematic for motor carriers when the label or
marking becomes illegible or wears off during the service life of the
trailer or guard. This proposal would eliminate an unintended
regulatory burden on motor carriers without compromising safety, as
this NPRM would not affect the applicable FMVSS. The proposal would
also rescind a guidance document pertaining to illegible, incomplete,
or missing rear impact guard certification labels.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0107 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0107/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.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001; (202) 366-9209; [email protected]. 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 this
NPRM (FMCSA-2025-0107), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2025-0107/document, click on this NPRM, 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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
[email protected]. 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-2025-0107/document and
choose the document to review. To view
[[Page 22943]]
comments, click this NPRM, then click ``Browse 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 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, 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 posted without edits and are
searchable by the name of the submitter.
II. Abbreviations
ANPRM Advance Notice of Proposed Rulemaking
CFR Code of Federal Regulations
CMV Commercial Motor Vehicle
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
NHTSA National Highway Traffic Safety Administration
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
This rulemaking is based on the authority of the Motor Carrier Act
of 1935 (49 Stat. 543) (1935 Act) and the Motor Carrier Safety Act of
1984 (Title II of Pub. L. 98-554, 98 Stat. 2832) (1984 Act), as
amended.
The 1935 Act, as amended, provides that ``[t]he Secretary of
Transportation may prescribe requirements for--(1) qualifications and
maximum hours of service of employees of, and safety of operation and
equipment of, a motor carrier; and (2) qualifications and maximum hours
of service of employees of, and standards of equipment of, a private
motor carrier, when needed to promote safety of operation'' (49 U.S.C.
31502(b)).
This NPRM would amend the current requirements for rear impact
guards in the FMCSRs by rescinding the requirement that the impact
guard be permanently marked or labeled with a certification from the
impact guard manufacturer as required by the applicable FMVSS. The
Agency would amend a rule for which the adoption and enforcement of is
authorized by the 1935 Act.
The 1984 Act provides concurrent authority to regulate drivers,
motor carriers, and vehicle equipment. It requires the Secretary to
``prescribe regulations on commercial motor vehicle safety.'' The
regulations shall prescribe minimum safety standards for CMVs. At a
minimum, pursuant to 49 U.S.C. 31136(a), the regulations shall ensure
that: (1) CMVs are maintained, equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of CMVs do not impair
their ability to operate the vehicles safely; (3) the physical
condition of operators of CMVs is adequate to enable them to operate
vehicles safely; (4) the operation of CMVs does not have a deleterious
effect on the physical condition of the operators; and (5) drivers are
not coerced by motor carriers, shippers, receivers, or transportation
intermediaries to operate a vehicle in violation of a regulation
promulgated under 49 U.S.C. 31136 (which is the basis for much of the
FMCSRs) or 49 U.S.C. chapters 51 or 313 (49 U.S.C. 31136(a)).
This proposed rule concerns parts and accessories necessary for the
safe operation of CMVs. It is based on section 31136(a)(1) because it
deals with maintenance of rear impact guards. The NPRM does not
implicate the driver-centered requirements of sections 31136(a)(2)-(4).
As the amendment proposed by this rulemaking pertains only to the
certification label or marking, FMCSA believes there will be
stakeholder support for this initiative and that it is unlikely CMV
drivers would be exposed to greater risk of being coerced to operate
trailers with missing or non-compliant rear impact guards, which would
run afoul of 31136(a)(5).
Before prescribing any such regulations, FMCSA must consider the
``costs and benefits'' of any proposal (49 U.S.C. 31136(c)(2)(A) and
31502(d)). As discussed in greater detail in the ``Regulatory
Analyses'' section, FMCSA has determined that this proposed rule is not
a significant regulatory action.
IV. Background
History of Rear Impact Guards and Labeling Requirement
Section 393.86 of the FMCSRs, ``Rear impact guards and rear end
protection,'' requires rear impact guards to be installed on most CMVs
to reduce the incidence of passenger compartment intrusion during
underride crashes in which a passenger vehicle strikes the rear of the
CMV. Regulations requiring rear impact guards have been in the FMCSRs
since 1952. The FMCSRs require that all CMVs be systematically
inspected, repaired, and maintained to ensure that all required parts
and accessories--including rear impact guards--are in safe and proper
operating condition at all times (Sec. 396.3(a)(1)). Operation of a
CMV with a missing or noncompliant rear impact guard would be a
violation of the FMCSRs, precluding the issuance of a Commercial
Vehicle Safety Alliance (CVSA) inspection decal if the vehicle were to
be inspected. In addition, a vehicle with a missing or noncompliant
rear impact guard would fail the periodic or annual inspection required
by 49 CFR 396.17.
NHTSA's rear impact guard standard applicable to the manufacturers
of the devices include labeling requirements. Under FMVSS No. 223,
``Rear impact guards,'' manufacturers are allowed to affix the rear
impact guard certification label on either the forward- or rearward-
facing surface of the horizontal member of the guard, provided the
label does not interfere with the retroreflective sheeting required by
the FMVSS.
On September 1, 1999, FHWA published a final rule (64 FR 47703)
amending the FMCSRs to require trailers and semitrailers manufactured
on or after January 26, 1998, with a GVWR of 10,000 pounds or more, be
equipped with rear impact guards that meet the requirements of FMVSS
No. 223. The rear impact guards must be installed to ensure that the
trailer or semitrailer meets the rear end protection requirements of
FMVSS No. 224. The rule was intended to ensure that the rear impact
protection requirements of the FMCSRs are consistent with the FMVSSs.
The 1999 final rule included a provision concerning the labeling or
marking of the rear impact guard (64 FR 47708). The labeling
requirements were subsequently updated after NHTSA published a final
rule on November 19, 2004, relating to rear impact guards. NHTSA
amended the labeling requirement in FMVSS No. 223 to permit the rear
impact guard certification label to be mounted on
[[Page 22944]]
either the forward- or rearward-facing surface of the horizontal member
of the guard (69 FR 67660).
V. Discussion of Proposed Rulemaking
Rear Impact Guard Labeling or Marking
The certification label or marking provides motor carriers
purchasing new trailers or new impact guards to replace damaged devices
with a means to determine whether the equipment is certified as meeting
the applicable FMVSS. However, the labeling or marking requirement has
proven problematic for motor carriers when the label or marking becomes
illegible or wears off during the service life of the trailer or guard.
As discussed above in the Background section, operation of a CMV with a
missing or noncompliant rear impact guard would be a violation of the
FMCSRs, precluding the issuance of a CVSA inspection decal if the
vehicle were to be inspected, and a vehicle with a missing or
noncompliant rear impact guard would fail the periodic or annual
inspection required by Sec. 396.17.
On December 10, 2024, FMCSA issued a guidance document \1\ noting
NHTSA had determined that labels that wear, fade, or are removed during
repair do not indicate a current compliance issue with the requirements
in FMVSS No. 223 (88 FR 5844-5845, Jan. 30, 2023). This proposal would
eliminate an unintended regulatory burden on motor carriers without
compromising safety, as the NPRM would not affect the applicable FMVSS;
rather, it would rescind the FMCSR provision in Sec. 393.86(a)(6)
requiring that the impact guard be permanently marked or labeled with
the certification required by the FMVSS.
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\1\ FMCSA-VEH-393.86-FAQ001 (2024-12-10), available at https://www.fmcsa.dot.gov/regulations/enforcement/does-illegible-incomplete-or-missing-rear-impact-guard-certification-label.
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VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries in which they operate, unless an international
agreement states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VII. Section-by-Section Analysis
A. Regulatory Provisions
Section 393.86
FMCSA proposes to amend 49 CFR 393.86 to rescind the labeling or
marking requirement. While brand new trailers would continue to display
manufacturer certification labels, and a significant percentage of
trailers in operation would have certification labels, motor carriers
operating trailers in environments that make it difficult, if not
impossible, to preserve the certification label would no longer be at
risk of being penalized during inspections for missing or illegible
certification labels affixed by the manufacturer.
B. Guidance Statements and Interpretations
This rulemaking proposes to amend a regulation that has an
associated guidance statements or interpretations. Such guidance
statements do not have the force and effect of law, are strictly
advisory, and are not meant to bind the public in any way. Conformity
with guidance statements is voluntary. Guidance is intended only to
provide information to the public regarding existing requirements under
the law or FMCSA policies. A guidance statement does not alter the
substance of a regulation.
On December 10, 2024, FMCSA issued a guidance FAQ to address the
issue of illegible, incomplete, or missing rear impact guard
certification labels under 49 CFR 393.86(a)(6).\2\ FMCSA intends to
rescind this guidance as no longer necessary upon publication of a
final rule eliminating the provision to which the guidance relates.
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\2\ See FMCSA-VEH-393.86-FAQ001(2024-12-10), available on
FMCSA's Guidance Portal at https://www.fmcsa.dot.gov/regulations/enforcement/does-illegible-incomplete-or-missing-rear-impact-guard-certification-label.
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VIII. 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
FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76
FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review,
and DOT Regulatory Policies and Procedures. The Office of Information
and Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that order. Accordingly, OMB has not reviewed it under that
E.O.
Section 393.86(a) currently requires most trailers and semitrailers
manufactured on or after January 26, 1998, to be equipped with rear
impact guards that meet NHTSA's requirements. This proposed rule would
eliminate only the FMCSR requirement that the impact guard have a
certification label or marking in perpetuity, while retaining NHTSA's
requirement applicable at the time of manufacture and sale.
This rulemaking would eliminate the problem of motor carriers
receiving citations for missing or illegible certification labels
during inspections by Federal and State personnel. Because the Agency
does not have data on the frequency with which such citations are
accompanied by a State-issued fine, it is not possible to estimate the
cost savings for motor carriers.
The Agency does not expect this proposed rule to result in benefits
beyond the baseline established in the FMCSRs. As required by Sec.
396.17, motor carriers currently complete annual inspections of all
items identified in Appendix G. FMCSA assumes that motor carriers
review rear impact guards in their annual inspection programs to remain
in compliance with the current requirements in Sec. 396.3(a)(1), which
states that rear impact guards must be installed and in safe and proper
operating conditions at all times. Additionally, CMVs are subject to
inspections conducted in accordance with the CVSA's North American
Standard Inspection Program that may occur throughout the year, which
include the examination of rear impact guards.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \3\
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\3\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
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Implementation guidance for E.O. 14192 issued by the Office of
Management and Budget (OMB) (Memorandum M-25-20, March 26, 2025)
defines two different types of E.O. 14192 actions: an E.O. 14192
deregulatory action, and an E.O. 14192 regulatory action.\4\
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\4\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been
[[Page 22945]]
finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. This rulemaking would result in cost savings
for motor carriers that would no longer be issued citations for missing
or illegible certification labels during Federal and State inspections.
The cost savings of this rulemaking could not be quantified.
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking, if a proposed safety rule ``under this part'' \5\ is likely
to lead to the promulgation of a major rule.\6\ As this proposed rule
is not likely to result in the promulgation of a major rule, the Agency
is not required to issue an ANPRM or to proceed with a negotiated
rulemaking.
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\5\ Part B of Subtitle VI of Title 49, United States Code, i.e.,
49 U.S.C. chapters 311-317.
\6\ A major rule means any rule that the Office of Management
and Budget 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,
geographic regions, Federal, State, or local government agencies; 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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D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\7\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities comprises small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses. The Small
Business Administration develops the size standards used to classify
entities as small, and establishes separate standards for each
industry, as defined by the North American Industry Classification
System. The motor carriers that would be affected by this proposed rule
fall into many different industry codes with differing size standards.
Because this proposed rule would impact all motor carriers, including
those considered to be small entities, FMCSA anticipates that this
proposed rule would impact a substantial number of small entities.
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\7\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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However, FMCSA has determined that this rule would not have a
significant impact on the affected entities. This proposed rule would
rescind the requirement that the manufacturer certification label be
displayed on the rear impact guard. The manufacturer certification
label provides a motor carrier purchasing new trailers or new impact
guards to replace damaged devices with a means to determine whether the
equipment is certified as meeting the NHTSA requirements. However, the
labeling requirement has proven problematic for motor carriers when the
label becomes illegible or wears off during the service life of the
trailer. Today's proposal would eliminate an unintended regulatory
burden on motor carriers without compromising safety. The Agency
expects the impacts of this proposed rule would be de minimis, and
therefore, does not expect the proposed rule to have a significant
economic impact on a substantial number of small entities.
Consequently, I certify that the proposed action will not have a
significant economic impact on a substantial number of small entities.
FMCSA invites comment from members of the public who believe there will
be a significant impact either on small businesses or on governmental
jurisdictions with a population of less than 50,000.
E. 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),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the proposed rule would
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 FOR FURTHER
INFORMATION CONTACT.
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 (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-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.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. 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 $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any 1 year. This proposed rule does not contain
Federal mandates (under the regulatory provisions of Title II of UMRA)
for State, local, and Tribal governments, or the private sector of the
adjusted inflationary amount or more in any 1 year. Thus, the
rulemaking is not subject to the requirements of sections 202 and 205
of UMRA. Though this proposed rule would not result in such an
expenditure, the Agency does discuss the effects of this proposed rule
elsewhere in this preamble.
G. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
H. E.O. 13132 (Federalism)
A rulemaking 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 proposed rule would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this proposed rule does not
have sufficient federalism
[[Page 22946]]
implications to warrant the preparation of a Federalism Impact
Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\8\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information (PII).
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\8\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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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,\9\ requires Federal agencies to
conduct a PIA for new or substantially changed technology that
collects, maintains, or disseminates information in an identifiable
form. No new or substantially changed technology would collect,
maintain, or disseminate information as a result of this proposed rule.
Accordingly, FMCSA has not conducted a PIA.
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\9\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency will complete a Privacy Threshold
Assessment (PTA) to evaluate the risks and effects the proposed
rulemaking might have on collecting, storing, and sharing personally
identifiable information. The PTA will be submitted to FMCSA's Privacy
Officer for review and preliminary adjudication and to DOT's Privacy
Officer for review and final adjudication.
J. E.O. 13175 (Indian Tribal Governments)
This proposed 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.
K. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The
Agency believes this proposed rule, if finalized, would not have a
reasonably foreseeable significant effect on the quality of the human
environment. This action would likely fall under a published
categorical exclusion and thus be excluded from further analysis and
documentation in an environmental assessment or environmental impact
statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2.
Specifically, paragraph (6)(bb), which covers regulations pertaining to
vehicle operation safety standards, equipment approval, and/or
equipment carriage requirements. The public is invited to comment on
the impact of the proposed Agency action.
L. Rulemaking Summary
In accordance with 5 U.S.C. 553(b)(4), a summary of this proposed
rule may be found at regulations.gov, under the docket number.
List of Subjects in 49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
Accordingly, FMCSA proposes to amend 49 CFR part 393 to read as
follows:
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
1. The authority citation for part 393 continues to read as follows:
Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5301 and 5524 of
Pub. L. 114-94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
Sec. 393.86 [Amended]
0
2. In Sec. 393.86 remove and reserve paragraph (a)(6).
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09704 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P