81 FR 67056 - Notice of Availability of a Draft Environmental Assessment for Rulemaking To Require the Installation and Maintenance of Speed Limiting Devices in Heavy Vehicles
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 189 (September 29, 2016)
National Highway Traffic Safety Administration
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 189 (September 29, 2016)
| Page Range | 67056-67057 | |
| FR Document | 2016-23486 |
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)] [Notices] [Pages 67056-67057] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23486] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0087] Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0083] Notice of Availability of a Draft Environmental Assessment for Rulemaking To Require the Installation and Maintenance of Speed Limiting Devices in Heavy Vehicles AGENCY: National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: NHTSA and FMCSA announce the availability of a Draft Environmental Assessment (EA) to evaluate the potential environmental impacts of proposed regulations requiring the installation of vehicle speed limiting devices in new heavy vehicles and maintenance of a maximum speed setting by motor carriers operating affected vehicles. The Draft EA was prepared in compliance with the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality's (CEQ) regulations implementing NEPA, U.S. DOT Order 5610.1C, NHTSA's NEPA implementing regulations, and FMCSA's NEPA Order 5610.1. Interested persons are invited to comment on the Draft EA. DATES: You should submit your comments early enough to ensure that the docket receives them not later than November 7, 2016. ADDRESSES: You may submit comments on the Draft EA, bearing the Federal Docket Management System Docket IDs [NHTSA-2016-0087] or [FMCSA-2014- 0083] using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Fax: (202) 493-2251. Each submission must include the Agencies' names and the docket numbers for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the ``Privacy Act'' heading below. You may call the Docket at 202-366-9324. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov or the street address listed above. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking 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 FDMS), which can be reviewed at www.dot.gov/privacy. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). FOR FURTHER INFORMATION CONTACT: NHTSA: Mr. Markus Price, Chief, Visibility and Injury Prevention Division, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-1810. FMCSA: Ms. Andrea Pahlevanpour, Environmental Program Analyst, Regulatory Evaluation Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-5370. SUPPLEMENTARY INFORMATION: Background Pursuant to NEPA, NHTSA and FMCSA have prepared a Draft EA analyzing the potential environmental impacts of the agencies' proposed rulemaking regarding the installation and maintenance of speed limiting devices in heavy vehicles. See 81 FR 61942 (Sep. 7, 2016). Specifically, the proposal requires all newly manufactured U.S. trucks, buses, and multipurpose passenger vehicles with a gross vehicle weight rating more than 11,793.4 kilograms (26,000 pounds) to be equipped with a speed limiting device set to a designated speed. Further, under the proposal, motor carriers operating commercial vehicles in interstate commerce would be responsible for maintaining the speed limiting devices at or below the designated speed for the service life of the vehicle. Although the agencies do not propose the designated speed for the speed limiting devices to be set, the agencies considered the benefits and costs of four alternatives in the proposal: 60 mph, 65 mph, 68 mph maximum speeds and the No Action Alternative of not requiring the installation of speed limiters in heavy vehicles. At this time, the agencies have not selected a preferred alternative and seek public comment on the specified maximum speed level to require in the final rule. Environment NEPA (42 U.S.C. 4321-4347) requires Federal agencies to integrate environmental values into their decision-making processes by requiring Federal agencies to consider the potential environmental impacts of their proposed actions. In accordance with NEPA, CEQ's regulations implementing NEPA (40 CFR parts 1500-1508), U.S. DOT Order 5610.1C, NHTSA's NEPA implementing regulations (49 CFR part 520), and FMCSA's NEPA Order 5610.1 (69 FR 9680 [Mar. 1, 2004]), NHTSA and FMCSA have prepared a Draft EA to outline the purpose and need for the proposed rulemaking, a reasonable range of alternative actions the agencies could adopt through rulemaking (in particular, the maximum specified speeds under consideration), and the projected environmental impacts of these alternatives. NHTSA and FMCSA anticipate that the action alternatives will have negligible or no impact on the following resource and impact categories: (1) Topography, geology, and soils; (2) water resources (including wetlands and floodplains); (3) biological resources; (4) resources protected under the Endangered Species Act; (5) historical and archeological resources; (6) farmland resources; (7) environmental justice; and (8) resources protected under 49 U.S.C. 303 (``Section 4(f)'' properties). The impact areas that may be affected and were evaluated in the Draft EA include air quality and greenhouse gas emissions; socioeconomics; public health and safety; solid waste; hazardous materials; and fuel savings. [[Page 67057]] NHTSA and FMCSA invite interested parties to comment on the Draft EA by following the instructions under ADDRESSES above. The Draft EA is available on both agencies' Web sites at http://www.nhtsa.gov/ and http://www.fmcsa.dot.gov/ or on the public docket at http://www.regulations.gov (Docket No. NHTSA-2016-0087-0003 and Docket No. FMCSA-2014-0083-0002). Subject to public notice and comment, NHTSA and FMCSA anticipate issuing a Finding of No Significant Impact (FONSI) related to this action. Issued pursuant to authority delegated in 49 CFR 1.81, 1.95, and 501.8 on: September 22, 2016. Raymond R. Posten, Associate Administrator for Rulemaking, National Highway Traffic Safety Administration. Issued pursuant to authority delegated in 49 CFR 1.81 and 1.87 on: September 22, 2016. Larry W. Minor, Associate Administrator for Policy, Federal Motor Carrier Safety Administration. [FR Doc. 2016-23486 Filed 9-28-16; 8:45 am] BILLING CODE 4910-59-P
![67056 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
project, unless FTA issues a written New Jersey Avenue SE., West Building, multipurpose passenger vehicles with a
determination otherwise. Ground Floor, Room W12–140, gross vehicle weight rating more than
Washington, DC 20590–0001. 11,793.4 kilograms (26,000 pounds) to
Carolyn Flowers,
• Hand Delivery or Courier: 1200 be equipped with a speed limiting
Acting Administrator. device set to a designated speed.
New Jersey Avenue SE., West Building
[FR Doc. 2016–23504 Filed 9–28–16; 8:45 am] Ground Floor, Room W12–140, between Further, under the proposal, motor
BILLING CODE P 9 a.m. and 5 p.m. ET, Monday through carriers operating commercial vehicles
Friday, except Federal holidays. in interstate commerce would be
• Fax: (202) 493–2251. responsible for maintaining the speed
DEPARTMENT OF TRANSPORTATION Each submission must include the limiting devices at or below the
Agencies’ names and the docket designated speed for the service life of
National Highway Traffic Safety
numbers for this notice. Note that all the vehicle. Although the agencies do
Administration
comments received will be posted not propose the designated speed for the
[Docket No. NHTSA–2016–0087] without change to http:// speed limiting devices to be set, the
www.regulations.gov, including any agencies considered the benefits and
Federal Motor Carrier Safety personal information provided. Please costs of four alternatives in the
Administration see the ‘‘Privacy Act’’ heading below. proposal: 60 mph, 65 mph, 68 mph
[Docket No. FMCSA–2014–0083] You may call the Docket at 202–366– maximum speeds and the No Action
9324. Alternative of not requiring the
Notice of Availability of a Draft Docket: For access to the docket to installation of speed limiters in heavy
Environmental Assessment for read background documents or vehicles. At this time, the agencies have
Rulemaking To Require the Installation comments received, go to not selected a preferred alternative and
and Maintenance of Speed Limiting www.regulations.gov or the street seek public comment on the specified
Devices in Heavy Vehicles address listed above. maximum speed level to require in the
Privacy Act: In accordance with 5 final rule.
AGENCY: National Highway Traffic
Safety Administration (NHTSA) and U.S.C. 553(c), DOT solicits comments Environment
Federal Motor Carrier Safety from the public to better inform its
rulemaking process. DOT posts these NEPA (42 U.S.C. 4321–4347) requires
Administration (FMCSA), Department Federal agencies to integrate
of Transportation (DOT). comments, without edit, including any
personal information the commenter environmental values into their
ACTION: Notice of availability; request decision-making processes by requiring
provides, to www.regulations.gov, as
for comments. Federal agencies to consider the
described in the system of records
notice (DOT/ALL–14 FDMS), which can potential environmental impacts of their
SUMMARY: NHTSA and FMCSA proposed actions. In accordance with
announce the availability of a Draft be reviewed at www.dot.gov/privacy.
Anyone is able to search the electronic NEPA, CEQ’s regulations implementing
Environmental Assessment (EA) to NEPA (40 CFR parts 1500–1508), U.S.
evaluate the potential environmental form of all comments received into any
DOT Order 5610.1C, NHTSA’s NEPA
impacts of proposed regulations of our dockets by the name of the
implementing regulations (49 CFR part
requiring the installation of vehicle individual submitting the comment (or
520), and FMCSA’s NEPA Order 5610.1
speed limiting devices in new heavy signing the comment, if submitted on
(69 FR 9680 [Mar. 1, 2004]), NHTSA and
vehicles and maintenance of a behalf of an association, business, labor
FMCSA have prepared a Draft EA to
maximum speed setting by motor union, etc.).
outline the purpose and need for the
carriers operating affected vehicles. The FOR FURTHER INFORMATION CONTACT: proposed rulemaking, a reasonable
Draft EA was prepared in compliance NHTSA: Mr. Markus Price, Chief, range of alternative actions the agencies
with the National Environmental Policy Visibility and Injury Prevention could adopt through rulemaking (in
Act of 1969 (NEPA), the Council on Division, National Highway Traffic particular, the maximum specified
Environmental Quality’s (CEQ) Safety Administration, 1200 New Jersey speeds under consideration), and the
regulations implementing NEPA, U.S. Avenue SE., Washington, DC 20590. projected environmental impacts of
DOT Order 5610.1C, NHTSA’s NEPA Telephone: 202–366–1810. these alternatives.
implementing regulations, and FMCSA: Ms. Andrea Pahlevanpour, NHTSA and FMCSA anticipate that
FMCSA’s NEPA Order 5610.1. Environmental Program Analyst, the action alternatives will have
Interested persons are invited to Regulatory Evaluation Division, Federal negligible or no impact on the following
comment on the Draft EA. Motor Carrier Safety Administration, resource and impact categories: (1)
DATES: You should submit your 1200 New Jersey Avenue SE., Topography, geology, and soils; (2)
comments early enough to ensure that Washington, DC 20590. Telephone: water resources (including wetlands and
the docket receives them not later than 202–366–5370. floodplains); (3) biological resources; (4)
November 7, 2016. SUPPLEMENTARY INFORMATION: resources protected under the
ADDRESSES: You may submit comments Endangered Species Act; (5) historical
Background and archeological resources; (6)
on the Draft EA, bearing the Federal
Docket Management System Docket IDs Pursuant to NEPA, NHTSA and farmland resources; (7) environmental
[NHTSA–2016–0087] or [FMCSA–2014– FMCSA have prepared a Draft EA justice; and (8) resources protected
analyzing the potential environmental under 49 U.S.C. 303 (‘‘Section 4(f)’’
mstockstill on DSK3G9T082PROD with NOTICES
0083] using any of the following
methods: impacts of the agencies’ proposed properties). The impact areas that may
• Federal eRulemaking Portal: Go to rulemaking regarding the installation be affected and were evaluated in the
http://www.regulations.gov. Follow the and maintenance of speed limiting Draft EA include air quality and
online instructions for submitting devices in heavy vehicles. See 81 FR greenhouse gas emissions;
comments. 61942 (Sep. 7, 2016). Specifically, the socioeconomics; public health and
• Mail: Docket Management Facility: proposal requires all newly safety; solid waste; hazardous materials;
U.S. Department of Transportation, 1200 manufactured U.S. trucks, buses, and and fuel savings.
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![Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices 67057
NHTSA and FMCSA invite interested Comments must refer to the docket and SUPPLEMENTARY INFORMATION:
parties to comment on the Draft EA by notice number cited in the title of this I. Overview: Pursuant to 49 U.S.C.
following the instructions under notice and be submitted by any of the 30118(d) and 30120(h) and their
ADDRESSES above. The Draft EA is following methods: implementing regulations at 49 CFR part
available on both agencies’ Web sites at • Mail: Send comments by mail 556, GM submitted a petition for an
http://www.nhtsa.gov/ and http:// addressed to U.S. Department of exemption from the notification and
www.fmcsa.dot.gov/ or on the public Transportation, Docket Operations, M– remedy requirements of 49 U.S.C.
docket at http://www.regulations.gov 30, West Building Ground Floor, Room Chapter 301 on the basis that this
(Docket No. NHTSA–2016–0087–0003 W12–140, 1200 New Jersey Avenue SE., noncompliance is inconsequential as it
and Docket No. FMCSA–2014–0083– Washington, DC 20590. relates to motor vehicle safety.
0002). • Hand Deliver: Deliver comments by This notice of receipt of GM’s petition
Subject to public notice and hand to U.S. Department of is published under 49 U.S.C. 30118 and
comment, NHTSA and FMCSA Transportation, Docket Operations, M– 30120 and does not represent any
anticipate issuing a Finding of No 30, West Building Ground Floor, Room agency decision or other exercise of
Significant Impact (FONSI) related to W12–140, 1200 New Jersey Avenue SE., judgment concerning the merits of the
this action. Washington, DC 20590. The Docket petition.
Section is open on weekdays from 10 II. Vehicles Involved: Affected are
Issued pursuant to authority delegated in
49 CFR 1.81, 1.95, and 501.8 on: September
a.m. to 5 p.m. except Federal Holidays. 46,205 of the following MY 2016–2017
22, 2016.
• Electronically: Submit comments Cadillac motor vehicles manufactured
electronically by logging onto the between March 10, 2015, and June 13,
Raymond R. Posten,
Federal Docket Management System 2016:
Associate Administrator for Rulemaking, (FDMS) Web site at https://
National Highway Traffic Safety
www.regulations.gov/. Follow the online • Cadillac CT6
Administration.
instructions for submitting comments. • Cadillac CTS
Issued pursuant to authority delegated in • Comments may also be faxed to • Cadillac Escalade
49 CFR 1.81 and 1.87 on: September 22,
(202) 493–2251. • Cadillac Escalade ESV
2016.
Comments must be written in the • Cadillac XTS
Larry W. Minor, III. Noncompliance: GM explains that
English language, and be no greater than
Associate Administrator for Policy, Federal 15 pages in length, although there is no the noncompliance is that when the
Motor Carrier Safety Administration. parking brake is applied on the subject
limit to the length of necessary
[FR Doc. 2016–23486 Filed 9–28–16; 8:45 am] attachments to the comments. If vehicles the telltale light that
BILLING CODE 4910–59–P comments are submitted in hard copy illuminates within the cluster does not
form, please ensure that two copies are meet the lettering height requirements
provided. If you wish to receive as specified in paragraph S5.5.5(a) of
DEPARTMENT OF TRANSPORTATION confirmation that comments you have FMVSS No. 135 and also referenced in
National Highway Traffic Safety submitted by mail were received, please table 1; column 1, of FMVSS No. 101.
Administration enclose a stamped, self-addressed Specifically, the lettering height for the
postcard with the comments. Note that telltale on the subject vehicles is 2.44
[Docket No. NHTSA–2016–0093; Notice 1] all comments received will be posted mm when it should be a minimum
without change to https:// height of 3.2 mm.
General Motors, LLC, Receipt of www.regulations.gov, including any IV. Rule Text: Paragraph S5.5.5(a) of
Petition for Decision of personal information provided. FMVSS No. 135 states, in pertinent part:
Inconsequential Noncompliance The petition, supporting materials, S5.5.5 Labeling. (a) Each visual indicator
AGENCY: National Highway Traffic and all comments received before the shall display a word or words in accordance
Safety Administration (NHTSA), close of business on the closing date with the requirements of Standard No. 101
Department of Transportation (DOT). indicated above will be filed in the (49 CFR 571.101) and this section, which
docket and will be considered. All shall be legible to the driver under all
ACTION: Receipt of petition. comments and supporting materials daytime and nighttime conditions when
received after the closing date will also activated. Unless otherwise specified, the
SUMMARY: General Motors, LLC (GM), words shall have letters not less than 3.2 mm
has determined that certain model year be filed and will be considered to the
(1⁄8 inch) high and the letters and background
(MY) 2016–2017 Cadillac CTS, CT6, extent possible.
shall be of contrasting colors, one of which
XTS and Escalade motor vehicles do not When the petition is granted or is red . . .
fully comply with paragraph S5.5.5(a) of denied, notice of the decision will also
be published in the Federal Register V. Summary of GM’s Petition: GM
Federal Motor Vehicle Safety Standard described the subject noncompliance
(FMVSS) No. 135, Light Vehicle Brake pursuant to the authority indicated at
the end of this notice. and stated its belief that the
Systems. GM filed a report dated August noncompliance is inconsequential as it
All documents submitted to the
17, 2016, pursuant to 49 CFR part 573, relates to motor vehicle safety.
docket may be viewed by anyone at the
Defect and Noncompliance In support of its petition, GM
address and times given above. The
Responsibility and Reports. GM then submitted the following reasoning:
documents may also be viewed on the
petitioned NHTSA under 49 CFR part (a) The park brake applied telltale
Internet at https://www.regulations.gov
556 for a decision that the subject (identified by the word ‘‘PARK’’) is red
by following the online instructions for
mstockstill on DSK3G9T082PROD with NOTICES
noncompliance is inconsequential as it in color contrasted against a black
accessing the dockets. The docket ID
relates to motor vehicle safety. screen, as required by S5.5.5(a) and
number for this petition is shown in the
DATES: The closing date for comments heading of this notice. (d)(4), conspicuously located and
on the petition is October 31, 2016. DOT’s complete Privacy Act readily visible at the top left-of-center
ADDRESSES: Interested persons are Statement is available for review in a position of the instrument panel cluster.
invited to submit written data, views, Federal Register notice published on Additionally, the four letters of the
and arguments on this petition. April 11, 2000 (65 FR 19477–78). word ‘‘PARK’’ are all capitalized such
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Document Created: 2016-09-29 04:14:42
Document Modified: 2016-09-29 04:14:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for comments. | |
| Dates | You should submit your comments early enough to ensure that the docket receives them not later than November 7, 2016. | |
| Contact | NHTSA: Mr. Markus Price, Chief, Visibility and Injury Prevention Division, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-1810. | |
| FR Citation | 81 FR 67056 |
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