Public Hearing for Corporate Average Fuel Economy Standards for Model Years 2024-2026 Passenger Cars and Light Trucks

Published date14 September 2021
Citation86 FR 51092
Record Number2021-19799
SectionProposed rules
CourtNational Highway Traffic Safety Administration
51092
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Proposed Rules
our proposals in the FNPRM. We expect
to consider the economic impact on
small entities as part of review of
comments filed in response to the
FNPRM and this IFRA.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
60. None.
III. Procedural Matters
61. Regulatory Flexibility Act. The
RFA, requires that an agency prepare a
regulatory flexibility analysis for notice-
and-comment rulemaking proceedings,
unless the agency certifies that ‘‘the rule
will not, if promulgated, have a
significant economic impact on a
substantial number of small entities.’’
Accordingly, the Commission has
prepared an IRFA concerning potential
rule and policy changes contained in
this FNPRM.
62. Paperwork Reduction Act. This
document contains proposed new or
modified information collection
requirements. The Commission, as part
of its continuing effort to reduce
paperwork burdens, invites the general
public and the Office of Management
and Budget (OMB) to comment on the
information collection requirements
contained in this document, as required
by the Paperwork Reduction Act of
1995, Public Law 104–13. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
we seek specific comment on how we
might further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
63. Comment Period and Filing
Requirements. Pursuant to §§ 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s ECFS.
See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121
(May 1, 1998).
Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: http://www.fcc.gov/
ecfs/.
Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
64. Effective March 19, 2020, and
until further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, 35 FCC Rcd 2788, 2788–89 (OS
2020), https://www.fcc.gov/document/
fcc-closes-headquarters-open-window-
and-changes-hand-delivery-policy.
65. People with Disabilities: To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (TTY).
66. The proceeding this FNPRM
initiates shall be treated as a ‘‘permit-
but-disclose’’ proceeding in accordance
with the Commission’s ex parte rules.
Persons making ex parte presentations
must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
§ 1.1206(b). In proceedings governed by
rule § 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
67. Contact Person. For further
information about this proceeding,
please contact Jordan Reth, FCC
Wireline Competition Bureau,
Competition Policy Division, at (202)
418–1418, or Jordan.Reth@fcc.gov.
IV. Ordering Clauses
68. Accordingly, it is ordered that,
pursuant to sections 1, 3, 4, 201–205,
251, and 303(r) of the Communications
Act of 1934, 47 U.S.C. 151, 153, 154,
201–205, 251, 303(r), and section 6(a) of
the TRACED Act, Public Law 116–105,
sec. 6(a)(1)–(2), 133 Stat. 3274, 3277
(2019), this Further Notice of Proposed
Rulemaking is adopted.
69. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Further Notice of Proposed
Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2021–18175 Filed 9–13–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Parts 531, 533, 536, and 537
[NHTSA–2021–0053, NHTSA–2021–0054]
RIN 2127–AM34
Public Hearing for Corporate Average
Fuel Economy Standards for Model
Years 2024–2026 Passenger Cars and
Light Trucks
AGENCY
: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION
: Notification of public hearing.
SUMMARY
: The National Highway Traffic
Safety Administration (NHTSA) is
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51093
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Proposed Rules
announcing a virtual public hearing to
be held October 13, 2021, on its
proposal for the ‘‘Corporate Average
Fuel Economy Standards for Model
Years 2024–2026 Passenger Cars and
Light Trucks,’’ which was signed on
August 5, 2021, and published in the
Federal Register on September 3, 2021.
This hearing also allows the public to
provide oral comments regarding the
Draft Supplemental Environmental
Impact Statement that accompanies the
proposal. An additional session will be
held on October 14, if necessary, to
accommodate the number of people
who sign up to provide oral comments.
NHTSA is proposing to revise the
corporate average fuel economy (CAFE)
standards for passenger cars and light
trucks for model years 2024 through
2026 to make the standards more
stringent.
DATES
: NHTSA will hold a virtual
public hearing on October 13, 2021. An
additional session will be held on
October 14, if necessary, to
accommodate the number of people
who sign up to testify. Please refer to the
SUPPLEMENTARY INFORMATION
section for
additional information on the public
hearing.
ADDRESSES
: The public hearing will be
held virtually on October 13, 2021. An
additional session will be held on
October 14, if necessary, to
accommodate the number of people
who sign up to testify. The hearing will
convene at 9:30 a.m. Eastern time and
will conclude when the last pre-
registered speaker has testified but no
later than 8:00 p.m. Eastern time. All
hearing attendees, including those who
do not intend to provide testimony,
should preregister by October 7, 2021.
The link to register will be available at
https://www.nhtsa.gov/cafe. Additional
information regarding the hearing
appears below under
SUPPLEMENTARY
INFORMATION
.
FOR FURTHER INFORMATION CONTACT
: To
register to attend the hearing, please
contact NHTSA’s Office of
Communications at
NHTSA.Communication@dot.gov. To
speak to someone about the proposal,
please contact Vinay Nagabhushana,
Fuel Economy Division, Office of
Rulemaking, NHTSA, at (202) 366–1452.
SUPPLEMENTARY INFORMATION
: NHTSA is
proposing to revise the corporate
average fuel economy (CAFE) standards
for passenger cars and light trucks built
in model years 2024 through 2026 to
make the standards more stringent. On
January 20, 2021, President Biden
issued Executive Order 13990,
‘‘Protecting Public Health and the
Environment and Restoring Science to
Tackle the Climate Crisis,’’ directing
NHTSA to consider whether to propose
suspending, revising, or rescinding the
standards previously set forth under the
‘‘The Safer Affordable Fuel-Efficient
(SAFE) Vehicles Rule for Model Years
2021–2026 Passenger Cars and Light
Trucks,’’ promulgated in April 2020
(hereafter, ‘‘the 2020 final rule’’). The
2020 final rule set standards that
increased at a rate of 1.5 percent per
year for this time period. Based on our
updated assessment, NHTSA is
proposing, under the Energy Policy and
Conservation Act, as amended by the
Energy Independence and Security Act,
to revise the CAFE standards to be more
stringent than the 2020 final rule
standards in each model year for 2024
through 2026. In addition, NHTSA is
also proposing certain technical
amendments to clarify and streamline
our compliance regulations. The
proposed revised standards would
conserve much more energy, save much
more fuel, and thus save consumers
money and improve our nation’s energy
security over time. The ‘‘Corporate
Average Fuel Economy Standards for
Model Years 2024–2026 Passenger Cars
and Light Trucks’’ proposal was signed
on August 5, 2021, and was published
in the Federal Register on September 3,
2021 (86 FR 49602). The proposal and
accompanying documents are available
in Docket ID No. NHTSA–2021–0053. A
notice of availability for the
accompanying Draft Supplemental
Environmental Impact Statement (Draft
SEIS) was published in the Federal
Register on August 20, 2021 (86 FR
46847). The Draft SEIS is available on
NHTSA’s CAFE website, https://
www.nhtsa.gov/cafe, and is also
available in Docket ID No. NHTSA–
2021–0054. The public comment period
for the proposed rule is scheduled to
conclude on October 26, 2021.
Participation in Virtual Public Hearing
Please note that NHTSA is deviating
from its typical approach for public
hearings. Because of current CDC
recommendations, as well as state and
local orders for social distancing to limit
the spread of COVID–19, NHTSA is not
holding in-person public meetings at
this time.
NHTSA will begin pre-registering
speakers for the hearing upon
publication of this document in the
Federal Register. To register to speak at
the virtual hearing, please follow the
instructions below. The last day to pre-
register to speak at the hearing will be
October 7, 2021.
To watch the hearing (without
providing oral comments): Click the link
at https://www.nhtsa.gov/cafe and
register. Indicate NO on the registration
page that you do not wish to provide
testimony. Within 24 hours of
registering, you will be emailed your
link to join.
To comment at the hearing: Click
the link at https://www.nhtsa.gov/cafe
and register by October 7. Indicate YES
on the registration page that you would
like to provide comments. Within 24
hours of registering, you will be emailed
your link to join. Additionally, you will
receive an email on October 11 with
your approximate time to testify, and
additional information about how to
turn on your audio and camera to
comment. We recommend you join via
a computer, but if you are unable to do
so, an option to join via phone will also
be provided in that email.
If you do not receive your
confirmation email(s), or have further
questions about this hearing, please
email NHTSA.Communication@dot.gov.
NHTSA is committed to providing equal
access to this event for all participants.
Closed captioning will be available.
People with disabilities who need
additional accommodations should send
a request to NHTSA.Communication@
dot.gov no later than October 7.
Each commenter will have 3 minutes
to provide oral testimony. NHTSA may
ask clarifying questions during the oral
presentations but will not respond to
the presentations at that time. NHTSA
recommends submitting the text of your
oral comments as written comments to
the rulemaking docket or to the Draft
SEIS docket, as appropriate. Written
statements and supporting information
submitted during the comment period
will be considered with the same weight
as oral comments and supporting
information presented at the public
hearing. If identical comments are
submitted by the same commenter more
than once to the docket, NHTSA does
not consider those comments to carry
more weight than if they had been
submitted only once. If the oral
testimony is specifically intended to
reference the Draft SEIS, please mention
that in your opening remarks.
Please note that any updates made to
any aspects of the hearing logistics,
including any change to the date of the
hearing or a potential additional session
on October 14, 2021, will be posted on
NHTSA’s website, https://
www.nhtsa.gov/cafe. While NHTSA
expects the hearing to go forward as set
forth above, please monitor our website
or contact us via the email address
listed in the
FOR FURTHER INFORMATION
CONTACT
section to determine if there
are any updates. NHTSA does not
intend to publish a document in the
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51094
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Proposed Rules
Federal Register announcing updates.
Finally, NHTSA will post a video of the
hearing at http://www.nhtsa.gov/cafe
and will make a transcript of the hearing
available in the rulemaking docket as
soon as practicable.
How can I get copies of the proposed
action, the Draft Supplemental
Environmental Impact Statement, and
other related information?
NHTSA has established a docket for
the proposal under Docket ID No.
NHTSA–2021–0053 and a separate
docket for the Draft SEIS at Docket ID
No. NHTSA–2021–0054. Relevant
documents and information can also be
accessed at NHTSA’s CAFE website, at
https://www.nhtsa.gov/cafe. Please refer
to the notice of proposed rulemaking for
detailed information on accessing
information related to the proposal and
the Draft SEIS.
Issued on September 9, 2021, in
Washington, DC, under authority delegated
in 49 CFR 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021–19799 Filed 9–10–21; 11:15 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 22
[Docket No. FWS–HQ–MB–2020–0023;
FF09M2200–212–FXMB12320900000]
RIN 1018–BE70
Eagle Permits; Incidental Take
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Advance notice of proposed
rulemaking; request for comments.
SUMMARY
: The U.S. Fish and Wildlife
Service (Service, or we) seeks public
and regulated-community input on
potential approaches for further
expediting and simplifying the permit
process authorizing incidental take of
eagles. This document also advises the
public that the Service may, as a result
of public input, prepare a draft
environmental review pursuant to the
National Environmental Policy Act of
1969, as amended. We are furnishing
this advance notice of proposed
rulemaking to advise other agencies and
the public of our intentions and obtain
suggestions and information on the
scope of issues to include in the
environmental review. Public and
regulated community responses will be
used to improve and make more
efficient the permitting process for
incidental take of eagles in a manner
that is compatible with the preservation
of bald and golden eagles.
DATES
: You may submit comments on or
before October 29, 2021. We will
consider all comments on this advance
notice of proposed rulemaking,
including the scope of the draft
environmental review, that are received
or postmarked by that date. Comments
received or postmarked after that date
will be considered to the extent
practicable.
ADDRESSES
: You may submit written
comments by one of the following
methods:
Electronically: Go to the Federal
e-Rulemaking Portal: http://
www.regulations.gov. Search for FWS–
HQ–MB–2020–0023, which is the
docket number for this document, and
follow the directions for submitting
comments.
By hard copy: Submit by U.S. mail to:
Public Comments Processing, Attn:
FWS–HQ–MB–2020–0023, U.S. Fish
and Wildlife Service, MS: PRB/3W,
5275 Leesburg Pike, Falls Church, VA
22041–3803.
We request that you send comments
by only one of the methods described
above. We will post all information
received on http://www.regulations.gov.
This generally means that we will post
any personal information you provide
us (see Public Availability of Comments,
below, for more information).
FOR FURTHER INFORMATION CONTACT
:
Jerome Ford, Assistant Director,
Migratory Birds, at 202–208–1050.
Individuals who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION
: This
advance notice of proposed rulemaking
seeks comment on several approaches
that could potentially underpin a more
streamlined eagle incidental-take-
permitting framework that we first
established in 2009. Specifically, the
Service is interested in comments
clarifying specific aspects of the current
permitting process that hinder permit
application, processing, or
implementation. The Service is also
seeking recommendations for additional
guidance the Service could develop that
would reduce the time and/or cost
associated with applying for and
implementing long-term, eagle
incidental take permits under existing
regulations. The Service further invites
recommendations for targeted revisions
that could be made to existing
regulations consistent with the overall
permitting framework that would
reduce the time and/or cost associated
with applying for and processing long-
term permits for incidental take of
eagles. Finally, the Service is interested
in comments regarding potential new
regulatory approaches to authorizing
incidental take under the Eagle Act,
particularly for projects that can be
shown in advance to have minimal
impacts on eagles, that would reduce
the time and/or cost associated with
applying for and operating under long-
term permits for the incidental take of
eagles.
I. Background
The Bald and Golden Eagle Protection
Act (Eagle Act; 16 U.S.C. 668–668d)
prohibits take of bald eagles and golden
eagles except pursuant to Federal
regulations. Service regulations in title
50 of the Code of Federal Regulations,
consistent with the Eagle Act (16 U.S.C.
668c), define ‘‘take’’ as to pursue, shoot,
shoot at, poison, wound, kill, capture,
trap, collect, destroy, molest, or disturb
(50 CFR 22.3). The Eagle Act authorizes
the Secretary of the Interior to issue
regulations to permit the taking of eagles
for various purposes, provided the
taking is compatible with the
preservation of the bald eagle or the
golden eagle. Regulations at 50 CFR 22.3
define ‘‘compatible with the
preservation of the bald eagle or the
golden eagle’’ as ‘‘consistent with the
goals of maintaining stable or increasing
breeding populations in all eagle
management units [EMUs] and the
persistence of local populations
throughout the geographic range of each
species.’’ Permits for the incidental, or
unintentional, take of eagles were
established in 2009 (74 FR 46877, Sep.
11) to authorize incidental take of bald
and golden eagles that results from a
broad spectrum of activities, such as
utility infrastructure, energy
development, construction, operation of
airports, and resource recovery (50 CFR
22.26).
In 2016, the Service published a final
rule (81 FR 91494, Dec. 16, 2016)
revising the regulations to lengthen the
maximum permit tenure from 5 years to
30 years and require a review of permit
implementation periodically throughout
the lifetime of the permit at intervals no
longer than 5 years. For most projects,
the Service assumes the actual take at a
project will be less than the level of take
initially authorized under a permit,
which will result in a reduction in
required offsetting mitigation measures
over time. This is because initial
estimates of eagle fatalities are
purposely conservative to reduce the
likelihood of a permittee exceeding their
authorized level of take, and to ensure
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