[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22919-22923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09710]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 392 and 393
[Docket No. FMCSA-2025-0111]
RIN 2126-AC85
Parts and Accessories Necessary for Safe Operation; Liquid-
Burning Flares
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 remove references to liquid-burning flares
from the warning device requirements in the Federal Motor Carrier
Safety Regulations (FMCSRs). This proposed revision would remove
outdated language referring to warning devices that FMCSA believes are
no longer used.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0111 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0111/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: 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
V. Discussion of Proposed Rulemaking
VI. International Impacts
VII. Section-by-Section Analysis
VII. 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-2025-0111), 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/
[[Page 22920]]
FMCSA-2025-0111/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-2025-0111/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
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
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
FMCSA's authority to promulgate regulations governing Parts and
Accessories Necessary for Safe Operation (49 CFR part 393) and many of
the regulations on Driving Commercial Motor Vehicles (49 CFR part 392)
rests on the requirement in 49 U.S.C. 31136(a) that the Department of
Transportation ``shall prescribe minimum safety standards for
commercial motor vehicles. At a minimum, the regulations shall ensure
that--(1) commercial motor vehicles are maintained, equipped, loaded,
and operated safely.'' The provisions of 49 U.S.C. 31136(a)(2) through
(5) are not applicable to part 393 and most are not directly applicable
to part 392.
To ensure that commercial motor vehicles are ``equipped'' and
``operated safely,'' as required by 49 U.S.C. 31136(a)(1), FMCSA
requires that vehicles stopped at roadside for reasons other than
normal traffic stops be made visible to on-coming traffic through the
placement of specified warning devices at designated locations.
``Liquid-burning flares'' as specified in 49 CFR 392.22(b)(2)(i)-(ii)
are the subject of this rulemaking. The technical requirements for
these flares are specified in 49 CFR 393.95(j); their number are
specified in 49 CFR 393.95(f)(2); their placement is specified in 49
CFR 392.22(b)(2)(i) and (ii); and certain limitations on their use are
outlined in 49 CFR 393.95(g).
Because these flares are no longer used and for the reasons
discussed below, FMCSA has determined that the provisions dealing with
``liquid-burning flares'' are not needed to ensure that commercial
motor vehicles (CMVs) are ``equipped'' or ``operated safely.''
IV. Background
Sections 392.22 and 393.95 require specific warning devices on
CMVs. Section 393.95(f) requires CMVs to be equipped with bidirectional
emergency reflective triangles, or either fusees or liquid-burning
flares. Other warning devices may be used in addition to, but not in
lieu of, the required warning devices. When there is a stopped CMV on
the traveled portion or the shoulder of a highway for any cause other
than necessary traffic stops, these warning devices must be placed as
required by Sec. 392.22.
The reference to liquid-burning flares dates back to the original
FMCSRs issued by the Interstate Commerce Commission's Bureau of Motor
Carrier Safety in 1936. Therefore, these devices may have been commonly
used approximately 90 years ago but the introduction of bi-directional
warning triangles and fusees have become the preferred approach for
signaling motorists of the presence of a disabled commercial motor
vehicle.
V. Discussion of Proposed Rulemaking
Liquid-burning flares are an outdated warning device that FMCSA
believes are no longer used on CMVs. Accordingly, FMCSA is proposing to
remove liquid-burning flares from the list of acceptable warning
devices in Sec. Sec. 392.22 and 393.95. This proposed revision would
remove this outdated warning device from the FMCSRs and conform
regulatory requirements with the current real-world practice of using
either bidirectional emergency reflective triangles or fusees.
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
This section-by-section analysis describes the proposed changes in
numerical order.
[[Page 22921]]
Section 392.22 Emergency Signals; Stopped Commercial Motor Vehicles
FMCSA proposes to remove references to liquid-burning flares in
paragraphs (b)(2)(i) and (ii).
Section 393.95 Emergency Equipment on All Power Units
FMCSA proposes to remove references to liquid-burning flares in
paragraphs (f)(2), (g), and (j). UL No. 912, Highway Emergency Signals,
Fourth Edition, July 30, 1979, is referenced in the amendatory text of
this document but has already been approved for paragraph (j). No
changes are proposed to the material incorporated by reference.
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.
This proposed rule would remove obsolete language that is no longer
relevant. FMCSA does not expect that any regulated entities would
change their behavior as a result of this rule, 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 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.
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, and
therefore would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule.
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'' \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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This proposed rule would remove obsolete regulatory text that is no
longer impacting regulated entities and would not impose costs or
benefits. It could result in some cost savings by reducing the amount
of time necessary to become familiar with the FMCSRs. FMCSA considers
any realized cost savings to be de minimis. Consequently, I certify
that the proposed action would not have a significant economic impact
on a substantial number of small entities.
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
[[Page 22922]]
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. Because this proposed rule would
not result in such an expenditure, a written statement is not required.
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 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 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 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.
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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 Privacy Impact Assessment (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 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 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 (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 rule may
be found at regulations.gov, under the docket number.
List of Subjects
49 CFR Part 392
Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
Accordingly, FMCSA proposes to revise 49 CFR chapter III, parts 392
and 393 to read as follows:
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES
0
1. The authority citation for part 392 continues to read as follows:
Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section
112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by
sec. 32509 of Pub. L. 112-141, 126 Stat. 405-805 (2012); and 49 CFR
1.87.
0
2. Amend Sec. 392.22 by revising paragraphs (b)(2)(i) and (ii) to read
as follows:
Sec. 392.22 Emergency signals; stopped commercial motor vehicles.
* * * * *
(b) * * *
(2) * * *
(i) Fusees. The driver of a commercial motor vehicle equipped with
only fusees shall place a lighted fusee at each of the locations
specified in paragraph (b)(1) of this section. There shall be at least
one lighted fusee at each of the prescribed locations, as long as the
commercial motor vehicle is stopped. Before the stopped commercial
motor vehicle is moved, the driver shall extinguish and remove each
fusee.
(ii) Daylight hours. Except as provided in paragraph (b)(2)(iii) of
this section, during the period lighted lamps are not required, three
bidirectional reflective triangles or three lighted fusees shall be
placed as specified in paragraph (b)(1) of this section within a time
of 10 minutes. In the event the driver elects to use only fusees in
lieu of bidirectional reflective triangles or red flags, the driver
must ensure that at least one fusee remains lighted at each of the
prescribed locations as long as the commercial motor vehicle is stopped
or parked.
* * * * *
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
3. 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.
0
4. Amend Sec. 393.95 by revising paragraphs (f)(2), (g), and (j) to
read as follows:
Sec. 393.95 Emergency equipment on all power units.
* * * * *
(f) * * *
(2) At least 6 fusees. The vehicle must have as many additional
fusees as are necessary to satisfy the requirements of Sec. 392.22.
* * * * *
(g) Restrictions on the use of flame-producing devices. Fusees or
any other signal produced by a flame shall not be carried on any
commercial motor
[[Page 22923]]
vehicle transporting Division 1.1, 1.2, 1.3 (explosives) hazardous
materials; any cargo tank motor vehicle used for the transportation of
Division 2.1 (flammable gas) or Class 3 (flammable liquid) hazardous
materials whether loaded or empty; or any commercial motor vehicle
using compressed gas as a motor fuel.
* * * * *
(j) Requirements for fusees. Each fusee shall be capable of burning
for 30 minutes. Fusees shall conform to the requirements of
Underwriters Laboratories, Inc., UL No. 912, Highway Emergency Signals,
Fourth Edition, July 30, 1979, (with an amendment dated November 9,
1981). (See Sec. 393.7 for information on the incorporation by
reference and availability of this document.) Each fusee shall be
marked with the UL symbol in accordance with the requirements of UL
912.
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09710 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P