[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22926-22930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09705]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2025-0108]
RIN 2126-AC82
Parts and Accessories Necessary for Safe Operation;
Retroreflective Sheeting on Semitrailers and Trailers
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 rescind the requirements for retroreflective
sheeting on semitrailers and trailers manufactured prior to December 1,
1993, which is the compliance date for the National Highway Traffic
Safety Administration's (NHTSA) conspicuity rules applicable to trailer
manufacturers. The retrofitting requirements were adopted by the
Federal Highway Administration (FHWA) on March 31, 1999, and require
that motor carriers engaged in interstate commerce install
retroreflective tape or reflex reflectors on the sides and rear of
semitrailers and trailers that were manufactured prior to December 1,
1993, have an overall width of 2,032 mm (80 inches) or more, and a
gross vehicle weight rating of 4,536 kg (10,001 pounds) or more. With
the passage of more than 30 years since the NHTSA requirements were
implemented, FMCSA believes the vast majority of trailers currently in
use on the Nation's highways were manufactured after 1993 so the
retrofitting rule is no longer necessary. This proposal would eliminate
obsolete regulatory text without compromising safety.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
YEAR-XXXX using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0108/document. Follow the online
instructions for submitting comments.
[[Page 22927]]
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: FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Abbreviations
III. Legal Basis
IV. Background
VI. Discussion of Proposed Rulemaking
VII. International Impacts
VIII. Section-by-Section Analysis
IX. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
C. Advance Notice of Proposed Rulemaking
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
L. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0108), 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-2025-0108/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-2025-0108/document and
choose the document to review. To view 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
CBI Confidential Business Information
CFR Code of Federal Regulations
DOT Department of Transportation
FHWA Federal Highway Administration
FR Federal Register
NHTSA National Highway Traffic Safety Administration
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
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) (the 1935 Act) and the Motor Carrier Safety Act
of 1984, (Title II of Pub. L. 98-554, 98 Stat. 2832) (the 1984 Act).
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 rescind obsolete regulatory requirements concerning
the retrofitting of conspicuity material on trailers manufactured
before December 1993. The Agency would rescind 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
[[Page 22928]]
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, 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 would eliminate an obsolete regulation
concerning parts and accessories necessary for the safe operation of
CMVs. It is based on section 31136(a)(1) because it deals
retroreflective material on trailers manufactured before December 1,
1993. The NPRM does not implicate the driver-centered requirements of
sections 31136(a)(2) through (4). As the amendment proposed by this
proposed rule pertains only to trailers which are unlikely to be in
operation on the Nation's highways, 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 that lack conspicuity treatments.
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 Conspicuity Retrofitting Requirement
On January 19, 1994, FHWA published in the Federal Register (59 FR
2811) an advance notice of proposed rulemaking (ANPRM) requesting
comments on issues related to the application of conspicuity treatments
to trailers manufactured prior to the effective date of the NHTSA's
final rule on trailer conspicuity.
On August 6, 1996, FHWA published a subsequent notice (61 FR 40781)
announcing that the Agency had completed its review of the comments
received in response to the ANPRM and that it would issue an NPRM.
On June 19, 1998, FHWA published an NPRM (63 FR 33611) to require
motor carriers to install retroreflective tape or reflex reflectors
within 2 years of the effective date of the final rule. Although FHWA
drafted the NPRM prior to the enactment of the Transportation Equity
Act for the 21st Century (TEA-21), which included a provision
concerning retrofitting of trailers with conspicuity material, the
agency reviewed section 4025 of TEA-21 prior to publishing the NPRM.
FHWA considered the NPRM to be consistent with the statutory criteria.
The final rule adopted on March 31, 1999, fulfilled the requirements of
TEA-21.
As stated above, the passage of more than 30 years since the
implementation of NHTSA's requirements applicable to manufacturers have
made the retrofitting requirements of 49 Code of Federal Regulations
(CFR) 393.13 obsolete.
V. Discussion of Proposed Rulemaking
FMCSA would amend the FMCSRs to rescind the rules requiring the
retrofitting of certain semitrailers and trailers with retroreflective
sheeting. The semitrailers and trailers subject to the retrofitting
requirements were all manufactured more than 30 years ago. Trailers
manufactured on or after December 1, 1993, are required to be
maintained to meet the NHTSA standards applicable at the time of
manufacture. Accordingly, FMCSA's cross reference to NHTSA's
requirements ensure that motor carriers will continue to be held
accountable for compliance, regardless of how many years the vehicles
are used in interstate commerce. However, the Agency believes the
vehicles manufactured before December 1993 are long past their useful
service life as are the corresponding retrofitting requirements the
Agency now seeks to rescind.
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries that they operate in, unless an international
agreement states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VII. Section-by-Section Analysis
FMCSA would amend 49 CFR part 393 to rescind Sec. 393.13
concerning retroreflective sheeting on trailers and semi-trailers
manufacture before December 1, 1993. Motor carriers operating trailers
manufactured on and after December 1, 1993, would continue to be
required to maintain the retroreflective sheeting on those vehicles.
However, the obsolete regulatory text concerning trailers and
semitrailers manufactured before December 1993 would be eliminated
given that it is unlikely these vehicles are still in operation.
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 393.13 currently requires trailers and semitrailers
manufactured before December 1, 1993, be equipped with retroreflective
sheeting that meet NHTSA's requirements for trailers built on or after
that date. This proposed rule would eliminate the requirement for
retrofitting now that the majority, if not all, of these trailers are
no longer in operation. FMCSA does not expect that any regulated
entities would change their behavior as a result of this rulemaking,
and therefore the proposed rule would not result in any impacts to
regulated entities other than removing unnecessary language from the
CFR. It could result in some cost savings by reducing the amount of
time to become familiar with the FMCSRs. FMCSA assumes any realized
cost savings to be de minimis. FMCSA considers this to be deregulatory
in nature as it would result in a more streamlined CFR. FMCSA does not
have data to estimate the reduction in costs that would result from
this NPRM. FMCSA requests comment on any impacts that could result from
removing the provisions identified in this NPRM.
The Agency does not expect this proposed rule to result in benefits
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beyond the baseline established in the FMCSRs.
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.'' \1\
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\1\ 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.\2\
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\2\ 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 finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero because it
would result in a more streamlined and easy to read CFR, and therefore
would be considered an E.O. 14192 deregulatory action upon issuance of
a final rule. 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 ANPRM or
proceed with a negotiated rulemaking, if a proposed safety rule ``under
this part'' \3\ is likely to lead to the promulgation of a major
rule.\4\ 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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\3\ Part B of Subtitle VI of Title 49, United States Code, i.e.,
49 U.S.C. chapters 311-317.
\4\ 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,\5\
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.
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\5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an agency or an appropriate designee certifies that the
rulemaking will not have a significant economic impact on a substantial
number of small entities. FMCSA has determined that this proposed rule
would not have a significant impact on the affected entities. This
proposed rule would rescind obsolete regulatory requirements concerning
retroreflective sheeting on trailers manufactured before December 1,
1993. Because most, if not all, of these trailers and semitrailers are
no longer in operation, FMCSA does not expect the proposed rule to have
a significant economic impact on a substantial number of small
entities. FMCSA has concluded and hereby certifies that this proposed
rule will not have a significant economic impact on a substantial
number of small entities; therefore, an analysis is not included.
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.
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
[[Page 22930]]
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this proposed rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\6\ 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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\6\ 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,\7\ 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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\7\ 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.
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, 31502; sec. 1041(b), Pub. L.
102-240, 105 Stat. 1914, 1993; secs. 5301 and 5524, Pub. L. 114-94,
129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
Sec. 393.13 [Removed and Reserved]
0
2. Section 393.13 is removed and reserved.
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09705 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P