80 FR 35253 - Hazardous Materials Safety Permit (HMSP) Program: Amendment to Enforcement Policy
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 118 (June 19, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 118 (June 19, 2015)
| Page Range | 35253-35255 | |
| FR Document | 2015-15091 |
[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)] [Rules and Regulations] [Pages 35253-35255] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15091] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 385 Hazardous Materials Safety Permit (HMSP) Program: Amendment to Enforcement Policy AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Amendment to enforcement policy. ----------------------------------------------------------------------- SUMMARY: Section 33014 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) required the Secretary of the U.S. Department of Transportation (DOT) to conduct a study and submit a report to Congress on the implementation of the DOT Hazardous Materials Safety Permit (HMSP) program. DOT completed the study and submitted a report to Congress in March 2014. This document announces implementation of two of the six recommendations in the report to Congress: Fully utilize the Safety Measurement System (SMS) as part of the HMSP review process and institute an ongoing requirement to conduct compliance reviews for HMSP motor carriers with insufficient data to utilize SMS. These recommendations are being implemented under the existing Safety Fitness Procedure regulations. FMCSA will use SMS scores to provide enhanced oversight of HMSP holders, to identify poor-performing carriers for a safety fitness compliance review, and to provide grounds for suspension or revocation. Both of these processes afford the motor carrier the right to administrative review and the opportunity to present corrective action. DATES: The changes to the enforcement policy will take effect on August 18, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Paul Bomgardner, (202) 493-0027, or Paul.Bomgardner@dot.gov, Chief of the Hazardous Materials Division, Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590. Office hours are from 9 a.m. to 5 p.m., E.T., Monday through Friday, except for Federal holidays. SUPPLEMENTARY INFORMATION: Background On January 1, 2005, the Federal Motor Carrier Safety Administration (FMCSA) began the HMSP program for intrastate, interstate, and foreign motor carriers transporting specified types and amounts of particularly dangerous hazardous material. HMSPs are required for a small subset of motor carriers transporting the following DOT-regulated hazardous material: 1. Highway Route Controlled Quantity (HRCQ) of a Class 7 (radioactive) material; 2. More than 55 pounds of a Division 1.1, 1.2, or 1.3 Explosive, or an amount of a Division 1.5 material requiring placarding; 3. Certain Poison by Inhalation Hazard (PIH) materials, including anhydrous ammonia, and 4. Compressed or refrigerated liquefied methane or liquefied natural gas in packaging equal to or greater than 3,500 water gallons. FMCSA's Motor Carrier Management Information System (MCMIS) contains records for approximately 525,000 active interstate motor carriers operating in the United States. MCMIS records show almost 11,000 interstate and intrastate motor carriers that have had an inspection indicating that they transport hazardous material requiring placards.\1\ Approximately 1,500 motor carriers possess an HMSP. --------------------------------------------------------------------------- \1\ See: 49 CFR part 172 Subpart F--Placarding --------------------------------------------------------------------------- The HMSP program is based on the premise that carriers transporting certain amounts of particularly dangerous hazardous material must maintain a higher minimum level of safety in their operations than other carriers and must additionally demonstrate compliance with the critical regulatory requirements in the DOT Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, and Federal Motor Carrier Safety Regulations (FMCSR), 49 CFR parts 350-399. Under FMCSA's current program, in order to obtain or renew a HMSP, a carrier must demonstrate that it meets the following regulatory requirements specified in the FMCSR at 49 CFR 385.407 and 387.7: 1. Maintains the minimum level of financial responsibility required by 49 CFR part 387. 2. Maintains current Pipeline and Hazardous Materials Safety Administration (PHMSA) registration. 3. Certifies that it has security and communications plans that comply with 49 CFR part 172 of the HMR and 49 CFR part 385 of the FMCSR. 4. Is assigned a ``satisfactory'' safety fitness rating. 5. Additionally, at the time of initial application and renewal, the carrier's crash and inspection records in MCMIS for the prior 12 month period may not exceed the threshold rate established by FMCSA, based on crash and out-of-service rates for the hazardous material motor carrier industry, indicating that the carrier has: a. A crash rate in the ``top 30 percent of the national average,'' or b. A driver, vehicle, hazardous material, or total out-of-service (OOS) rate in the ``top 30 percent of the national average.'' As stated above, section 33014 of MAP-21, Pub. L. 112-141, div. C, title III, 126 Stat. 405, 840 (July 6, 2012) (set out as a note to 49 U.S.C. 5109) required the Secretary to conduct a study and submit a report to Congress on the implementation of the DOT's HMSP program. Congress further directed the Secretary to include in the study a review of ``actions the Secretary could implement to improve the program, including whether to provide opportunities for an additional level of fitness review prior to the denial, revocation, or suspension of a safety permit.'' Finally, section 33014 required the Secretary to institute a rulemaking to make any necessary improvements to the HMSP program or publish in the Federal Register the Secretary's justification for why a rulemaking is not necessary. DOT completed the study and submitted its ``Hazardous Materials Safety Permit Program Implementation Report'' (HMSP Report) to Congress in March 2014. This notice announces implementation of two of the six recommendations in the report to Congress: (1) Fully utilize the Safety Measurement System (SMS) as part of the HMSP review process and (2) institute an ongoing requirement to conduct comprehensive investigations for HMSP motor carriers with insufficient data to utilize SMS. This Federal Register publication provides notice of the Agency's revised interpretation of certain regulations in 49 CFR part 385, subpart E, in accordance with congressional directives and the recommendations in the report to Congress. On December 16, 2014, Congress passed the 2015 Omnibus [[Page 35254]] Appropriations law entitled, ``Consolidated and Further Continuing Appropriations Act, 2015,'' Pub. L. 113-235, 128 Stat. 2130 (Dec. 16, 2014) which restricts FMCSA's use of appropriated funds ``to deny an application to renew a Hazardous Materials Safety Program permit for a motor carrier based on that carrier's Hazardous Materials Out-of- Service rate, unless the carrier has the opportunity to submit a written description of corrective actions taken, and other documentation the carrier wishes the Secretary to consider, including submitting a corrective action plan, and the Secretary determines the actions or plan is insufficient to address the safety concerns that resulted in that Hazardous Materials Out-of- Service rate.'' Pub. L. 113-235, div. K, Title I, Sec. 134. By using SMS scores to identify a HMSP holder for a safety fitness review, the Agency, while complying with this congressional limitation, will ensure that transportation of the hazardous materials specified in 49 CFR 385.403 does not present an undue safety risk to the public. FMCSA provides notice herein that the Agency is distinguishing the requirements for issuance of an initial HMSP as specified in 49 CFR 385.407, from the requirements for HMSP renewal, as specified in 49 CFR 385.419. Distinguishing these requirements, as discussed below, enables the Agency to more actively monitor an HMSP holder's safety and compliance status, while providing more flexibility to HMSP holders attempting to correct identified deficiencies. Pursuant to the 2015 spending restriction, the Agency is no longer denying HMSP renewals based on a carrier's unacceptable hazardous materials out-of-service rate. Upon the effective date of this notice, the Agency will no longer deny a HMSP holder's application for renewal of its HMSP based on a crash rate, driver, vehicle, hazardous material or total out-of-service rate that is in the top, or worst-performing, 30 percent of the national average. New applicants for HMSPs, which includes any applicant that is not a current HMSP holder, and holders of temporary HMSPs (T-HMSP) will continue to be subject to the established crash, driver, vehicle, hazardous material or total out-of-service threshold rates in order to qualify for the initial issuance of a HMSP. The requirement that new applicants not have a crash rate or a driver, vehicle, hazardous material, or total out-of-service (OOS) rate for the prior 12 months, as shown below, remains unchanged: a. A crash rate in the ``top 30 percent of the national average,'' or b. A driver, vehicle, hazardous material or total out-of-service (OOS) rate in the ``top 30 percent of the national average.'' Pursuant to the interpretive rule announced in this Notice, non- temporary HMSP holders will no longer be required to have crash and OOS rates that are below the ``30 percent threshold'' at the time of the HMSP holder's two-year renewal. Rather, FMCSA will continually monitor these HMSP holders using SMS analysis as a basis for a compliance review referral or proposed revocation or suspension based on the criteria listed in 49 CFR 385.421. HMSP holders will continue to be subject to the renewal provisions in 49 CFR 385.419, which require the carrier to submit its biennial update. The first recommendation in the HMSP Report to Congress was for FMCSA to fully utilize the Agency's SMS to provide continuous monitoring of HMSP holders' safety performance in order to determine a carrier's continuing suitability to retain or renew a non-temporary HMSP. Carriers applying for a six-month T-HMSP will be subject to the requirements for initial issuance of a HMSP in Sec. 385.407. Temporary HMSPs are issued when a motor carrier meets all of the qualifications in Sec. 385.407 except for having a safety rating assigned. If the carrier has no safety rating, the T-HMSP is issued, and the motor carrier is assigned for a comprehensive investigation within six months of the FMCSA field staff being notified. FMCSA may extend the T-HMSP for two months, when necessary due to the Agency's inability to schedule a comprehensive investigation during the initial six-month timeframe. Once the carrier receives a comprehensive investigation, and subsequently is assigned a satisfactory safety rating, the carrier is eligible for a full, non-temporary HMSP subject to the initial requirements in Sec. 385.407. Once the non-temporary HMSP is issued, the Agency will place the carrier under the continuous monitoring program described herein. Non-temporary HMSP carriers will continue to be subject to the current intervention thresholds for all carriers of placarded hazardous material under the seven Behavior Analysis and Safety Improvement Categories (BASIC) in SMS. These intervention thresholds are listed below:60th percentile for Unsafe Driving, Hours of Service Compliance, and Crash Indicator; 75th percentile for Driver Fitness, Controlled Substances/ Alcohol, and Vehicle Maintenance; and 80th percentile for Hazardous Material Compliance. For carriers that have a non-temporary HMSP, FMCSA will review the permit holder's SMS scores monthly to determine if the carrier has met or exceeded intervention thresholds for either the Hazardous Materials Compliance BASIC (HM BASIC) or met or exceeded thresholds for any two of the other BASICs for the preceding two consecutive months. If the carrier meets or exceeds the HM BASIC or meets or exceeds thresholds of any other two BASICs over a consecutive two-month period, FMCSA will identify the carrier for investigation with hazardous material compliance emphasis. Using the monthly data provides a more powerful tool for identifying the HMSP carriers that have overall compliance problems, warranting a comprehensive investigation, or issues in one particular area of safety performance (i.e., crash rate, driver, vehicle, or hazardous material). A comprehensive investigation will entail a full-rated review that will also determine whether the carrier meets the safety fitness requirement in 49 CFR 385.421(a)(3). The SMS approach provides a strengthened, continuous monitoring process for HMSP holders, which merit heightened oversight and monitoring due to the dangerous nature of the materials they transport. SMS monitoring further allows the Agency to expeditiously identify carrier problems and better focus on specific areas that the carrier must address immediately, in order to avoid potential suspension or revocation of its HMSP under 49 CFR 385.421(a). If a carrier fails to comply with the applicable regulations, or an order issued under those regulations, indicating that the carrier is not fit to transport hazardous material that requires a HMSP, such conduct could similarly trigger a proposed suspension or revocation under Sec. 385.421(a)(5), (6), (7), (8), or (10). It should be noted that a proposed suspension or revocation under 385.421(a)(5) would be based on serious instances of non-compliance, a less than satisfactory safety rating, or loss of operating authority. The proposed suspension or revocation would be subject to the 30-day notice requirement in Sec. 385.421(c)(2), and the carrier would have an opportunity to take corrective action and/or to apply for administrative review under Sec. 385.423 before FMCSA took final action. [[Page 35255]] If a carrier's non-temporary HMSP is denied, suspended or revoked pursuant to Sec. 385.421, the carrier will have various options for seeking administrative review and providing evidence of corrective action. If the suspension or revocation is based on a less than satisfactory safety rating, the carrier may request administrative review of the proposed rating under Sec. 385.15, or may request upgrade of a proposed safety rating based on corrective action under Sec. 385.17, as provided in Sec. 385.423(a). The carrier may seek administrative review of other grounds for a proposed suspension or revocation as provided in Sec. 385.423(c). A proposed suspension or revocation under Sec. 385.421(c)(2) will not become effective during the pendency of a request for administrative review that is timely- filed during the 30-day timeframe from the date of service of the written notice of proposed suspension or revocation. The 30-day effective date and the tolling of this date by a request for administrative review of proposed suspensions or revocations that are not related to a less than satisfactory safety rating allows the carrier time to take and submit evidence of corrective action. The second recommendation in the HMSP Report to Congress was for FMCSA to institute an ongoing requirement to more closely monitor HMSP carriers with insufficient SMS data--that is, HMSP carriers that rarely undergo roadside inspections and have a safety rating over 4 years old. Because of the lack of information and oversight on these carriers, FMCSA will conduct comprehensive investigations for HMSP carriers when the carrier has insufficient data to calculate a percentile in SMS during any month of the previous 48-month period. HMSP carriers will not be allowed to operate for more than four years without either having enough safety performance data to confirm compliance, or having received a compliance review that results in a satisfactory rating. By instituting a specific 4-year investigation cycle for non-temporary HMSP carriers with insufficient safety data, these carriers will become subject to increased oversight. These changes will be effective August 18, 2015. Issued on: June 8, 2015. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2015-15091 Filed 6-18-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations 35253
Parts per Hazardous Materials Division, Office of 2. Maintains current Pipeline and
Commodity million Enforcement and Compliance, Federal Hazardous Materials Safety
Motor Carrier Safety Administration, Administration (PHMSA) registration.
* * * * * 1200 New Jersey Ave. SE., Washington, 3. Certifies that it has security and
DC 20590. Office hours are from 9 a.m. communications plans that comply with
Avocado 1 .............................. 15 49 CFR part 172 of the HMR and 49 CFR
to 5 p.m., E.T., Monday through Friday,
* * * * * except for Federal holidays. part 385 of the FMCSR.
SUPPLEMENTARY INFORMATION: 4. Is assigned a ‘‘satisfactory’’ safety
fitness rating.
1 No U.S. registrations as of September 23, Background 5. Additionally, at the time of initial
2009. application and renewal, the carrier’s
On January 1, 2005, the Federal Motor
* * * * * Carrier Safety Administration (FMCSA) crash and inspection records in MCMIS
[FR Doc. 2015–14944 Filed 6–18–15; 8:45 am] began the HMSP program for intrastate, for the prior 12 month period may not
BILLING CODE 6560–50–P interstate, and foreign motor carriers exceed the threshold rate established by
transporting specified types and FMCSA, based on crash and out-of-
amounts of particularly dangerous service rates for the hazardous material
DEPARTMENT OF TRANSPORTATION hazardous material. HMSPs are required motor carrier industry, indicating that
for a small subset of motor carriers the carrier has:
Federal Motor Carrier Safety transporting the following DOT- a. A crash rate in the ‘‘top 30 percent
Administration regulated hazardous material: of the national average,’’ or
1. Highway Route Controlled Quantity b. A driver, vehicle, hazardous
49 CFR Part 385 (HRCQ) of a Class 7 (radioactive) material, or total out-of-service (OOS)
material; rate in the ‘‘top 30 percent of the
Hazardous Materials Safety Permit 2. More than 55 pounds of a Division national average.’’
(HMSP) Program: Amendment to 1.1, 1.2, or 1.3 Explosive, or an amount As stated above, section 33014 of
Enforcement Policy of a Division 1.5 material requiring MAP–21, Pub. L. 112–141, div. C, title
placarding; III, 126 Stat. 405, 840 (July 6, 2012) (set
AGENCY: Federal Motor Carrier Safety out as a note to 49 U.S.C. 5109) required
Administration (FMCSA), DOT. 3. Certain Poison by Inhalation
Hazard (PIH) materials, including the Secretary to conduct a study and
ACTION: Amendment to enforcement submit a report to Congress on the
anhydrous ammonia, and
policy. 4. Compressed or refrigerated implementation of the DOT’s HMSP
SUMMARY: Section 33014 of the Moving liquefied methane or liquefied natural program. Congress further directed the
Ahead for Progress in the 21st Century gas in packaging equal to or greater than Secretary to include in the study a
Act (MAP–21) required the Secretary of 3,500 water gallons. review of ‘‘actions the Secretary could
the U.S. Department of Transportation FMCSA’s Motor Carrier Management implement to improve the program,
(DOT) to conduct a study and submit a Information System (MCMIS) contains including whether to provide
report to Congress on the records for approximately 525,000 opportunities for an additional level of
implementation of the DOT Hazardous active interstate motor carriers operating fitness review prior to the denial,
Materials Safety Permit (HMSP) in the United States. MCMIS records revocation, or suspension of a safety
program. DOT completed the study and show almost 11,000 interstate and permit.’’ Finally, section 33014 required
submitted a report to Congress in March intrastate motor carriers that have had the Secretary to institute a rulemaking
2014. This document announces an inspection indicating that they to make any necessary improvements to
implementation of two of the six transport hazardous material requiring the HMSP program or publish in the
recommendations in the report to placards.1 Approximately 1,500 motor Federal Register the Secretary’s
Congress: Fully utilize the Safety carriers possess an HMSP. justification for why a rulemaking is not
Measurement System (SMS) as part of The HMSP program is based on the necessary.
the HMSP review process and institute premise that carriers transporting DOT completed the study and
an ongoing requirement to conduct certain amounts of particularly submitted its ‘‘Hazardous Materials
compliance reviews for HMSP motor dangerous hazardous material must Safety Permit Program Implementation
carriers with insufficient data to utilize maintain a higher minimum level of Report’’ (HMSP Report) to Congress in
SMS. These recommendations are being safety in their operations than other March 2014. This notice announces
implemented under the existing Safety carriers and must additionally implementation of two of the six
Fitness Procedure regulations. FMCSA demonstrate compliance with the recommendations in the report to
will use SMS scores to provide critical regulatory requirements in the Congress: (1) Fully utilize the Safety
enhanced oversight of HMSP holders, to DOT Hazardous Materials Regulations Measurement System (SMS) as part of
identify poor-performing carriers for a (HMR), 49 CFR parts 171–180, and the HMSP review process and (2)
safety fitness compliance review, and to Federal Motor Carrier Safety institute an ongoing requirement to
provide grounds for suspension or Regulations (FMCSR), 49 CFR parts conduct comprehensive investigations
revocation. Both of these processes 350–399. Under FMCSA’s current for HMSP motor carriers with
afford the motor carrier the right to program, in order to obtain or renew a insufficient data to utilize SMS. This
administrative review and the HMSP, a carrier must demonstrate that Federal Register publication provides
opportunity to present corrective action. it meets the following regulatory notice of the Agency’s revised
rmajette on DSK2TPTVN1PROD with RULES
requirements specified in the FMCSR at interpretation of certain regulations in
DATES: The changes to the enforcement
49 CFR 385.407 and 387.7: 49 CFR part 385, subpart E, in
policy will take effect on August 18, 1. Maintains the minimum level of accordance with congressional
2015. financial responsibility required by 49 directives and the recommendations in
FOR FURTHER INFORMATION CONTACT: Mr. CFR part 387. the report to Congress.
Paul Bomgardner, (202) 493–0027, or On December 16, 2014, Congress
Paul.Bomgardner@dot.gov, Chief of the 1 See: 49 CFR part 172 Subpart F—Placarding passed the 2015 Omnibus
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![Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations 35255
If a carrier’s non-temporary HMSP is DEPARTMENT OF COMMERCE management units specified in the FMP
denied, suspended or revoked pursuant include summer flounder (Paralichthys
to § 385.421, the carrier will have National Oceanic and Atmospheric dentatus) in U.S. waters of the Atlantic
various options for seeking Administration Ocean from the southern border of
administrative review and providing North Carolina northward to the U.S./
evidence of corrective action. If the 50 CFR Part 648 Canada border, and scup (Stenotomus
suspension or revocation is based on a [Docket No. 150211144–5509–02] chrysops) and black sea bass
less than satisfactory safety rating, the (Centropristis striata) in U.S. waters of
carrier may request administrative RIN 0648–BE89
the Atlantic Ocean from 35°13.3′ N. lat.
review of the proposed rating under (the approximate latitude of Cape
§ 385.15, or may request upgrade of a Fisheries of the Northeastern United
States; Recreational Management Hatteras, North Carolina) northward to
proposed safety rating based on
corrective action under § 385.17, as Measures for the Summer Flounder, the U.S./Canada border. States manage
provided in § 385.423(a). The carrier Scup, and Black Sea Bass Fisheries; these three species within 3 nautical
may seek administrative review of other Fishing Year 2015 miles (4.83 km) of their coasts, under
grounds for a proposed suspension or the Commission’s plan for summer
AGENCY: National Marine Fisheries flounder, scup, and black sea bass. The
revocation as provided in § 385.423(c). Service (NMFS), National Oceanic and
A proposed suspension or revocation applicable species-specific Federal
Atmospheric Administration (NOAA),
under § 385.421(c)(2) will not become regulations govern vessels and
Commerce.
effective during the pendency of a individual fishermen fishing in Federal
ACTION: Final rule.
request for administrative review that is waters of the exclusive economic zone
timely-filed during the 30-day SUMMARY: NMFS is implementing (EEZ), as well as vessels possessing a
timeframe from the date of service of the management measures for the 2015 summer flounder, scup, or black sea
written notice of proposed suspension summer flounder, scup, and black sea bass Federal charter/party vessel permit,
or revocation. The 30-day effective date bass recreational fisheries. The regardless of where they fish.
and the tolling of this date by a request implementing regulations for these A proposed rule to implement the
for administrative review of proposed fisheries require NMFS to publish
suspensions or revocations that are not 2015 Federal recreational management
recreational measures for each fishing measures (minimum fish size, season,
related to a less than satisfactory safety year. The intent of these measures is to
rating allows the carrier time to take and and possession limit) for the summer
constrain recreational catch to flounder, scup, and black sea bass
submit evidence of corrective action. established limits and prevent
The second recommendation in the fisheries was published in the Federal
overfishing of the summer flounder, Register on May 5, 2015 (80 FR 25656),
HMSP Report to Congress was for scup, and black sea bass resources.
FMCSA to institute an ongoing with a 15-day comment period that
requirement to more closely monitor DATES: Effective June 19, 2015. ended on May 20, 2015. Additional
HMSP carriers with insufficient SMS ADDRESSES: Copies of the Supplemental background and information on the
data—that is, HMSP carriers that rarely Information Report and other process to develop the measures
undergo roadside inspections and have supporting documents for the described is provided in the preamble to
a safety rating over 4 years old. Because recreational harvest measures are the proposed rule and is not repeated
of the lack of information and oversight available from Dr. Christopher M. here.
on these carriers, FMCSA will conduct Moore, Executive Director, Mid-Atlantic
comprehensive investigations for HMSP Fishery Management Council, Suite 201, 2015 Recreational Management
carriers when the carrier has insufficient 800 N. State Street, Dover, DE 19901. Measures
data to calculate a percentile in SMS The recreational harvest measures
during any month of the previous 48- document is also accessible via the NMFS is implementing the following
month period. HMSP carriers will not Internet at: http:// measures that would apply in the
be allowed to operate for more than four www.greateratlantic.fisheries.noaa.gov. Federal waters of the EEZ. These
years without either having enough measures apply to all federally
FOR FURTHER INFORMATION CONTACT:
safety performance data to confirm permitted party/charter vessels with
Moira Kelly, Fishery Policy Analyst,
compliance, or having received a applicable summer flounder, scup, or
(978) 281–9218.
compliance review that results in a black sea bass permits, regardless of
SUPPLEMENTARY INFORMATION:
satisfactory rating. By instituting a where they fish, unless the state in
specific 4-year investigation cycle for General Background which they land implements measures
non-temporary HMSP carriers with that are more restrictive. These
The summer flounder, scup, and
insufficient safety data, these carriers measures are intended to achieve, but
black sea bass fisheries are managed
will become subject to increased not exceed, the previously established
cooperatively under the provisions of
oversight. recreational harvest limits for these
These changes will be effective the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan fisheries (December 30, 2014; 79 FR
August 18, 2015. 78311). More detail on these proposed
(FMP) developed by the Mid-Atlantic
Issued on: June 8, 2015. Fishery Management Council and the measures is provided in the following
T.F. Scott Darling, III, Atlantic States Marine Fisheries sections.
Chief Counsel. Commission, in consultation with the
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[FR Doc. 2015–15091 Filed 6–18–15; 8:45 am] New England and South Atlantic
BILLING CODE 4910–EX–P Fishery Management Councils. The
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Document Created: 2018-02-22 11:10:42
Document Modified: 2018-02-22 11:10:42
| 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 | Rules and Regulations | |
| Action | Amendment to enforcement policy. | |
| Dates | The changes to the enforcement policy will take effect on August 18, 2015. | |
| Contact | Mr. Paul Bomgardner, (202) 493-0027, or [email protected], Chief of the Hazardous Materials Division, Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590. Office hours are from 9 a.m. to 5 p.m., E.T., Monday through Friday, except for Federal holidays. | |
| FR Citation | 80 FR 35253 |
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