81_FR_14049 81 FR 13998 - Lease and Interchange of Vehicles; Motor Carriers of Passengers

81 FR 13998 - Lease and Interchange of Vehicles; Motor Carriers of Passengers

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range13998-14000
FR Document2016-05932

FMCSA extends the compliance date by which motor carriers of passengers operating CMVs under a lease or interchange agreement are subject to the FMCSA final rule published May 27, 2015, for one year, to January 1, 2018. The Agency received numerous petitions for reconsideration of the final rule and based upon a review of the petitions, determined that the compliance date should be extended to provide sufficient time to address the issues raised by the petitioners. The Agency is adding a temporary section to its regulations to inform the public of this extension. There will no longer be a need for the section on the compliance date after January 1, 2018, thus the temporary section will be in effect only from March 16, 2016 through January 1, 2018.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Rules and Regulations]
[Pages 13998-14000]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05932]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AB90


Lease and Interchange of Vehicles; Motor Carriers of Passengers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; extension of compliance date.

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SUMMARY: FMCSA extends the compliance date by which motor carriers of 
passengers operating CMVs under a lease or interchange agreement are 
subject to the FMCSA final rule published May 27, 2015, for one year, 
to January 1, 2018. The Agency received numerous petitions for 
reconsideration of the final rule and based upon a review of the 
petitions, determined that the compliance date should be extended to 
provide sufficient time to address the issues raised by the 
petitioners. The Agency is adding a temporary section to its 
regulations to inform the public of this extension. There will no 
longer be a need for the section on the compliance date after January 
1, 2018, thus the temporary section will be in effect only from March 
16, 2016 through January 1, 2018.

DATES: Effective date: March 16, 2016 until January 1, 2018. Compliance 
date: As of March 16, 2016, the compliance date for the requirements in 
subpart F to 49 CFR part 390 (Sec. Sec.  390.301, 390.303, and 390.305) 
is extended until January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner, (202) 366-2400, 
[email protected], Office of Enforcement and Compliance. FMCSA 
office hours are from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 27, 2015, FMCSA published a final rule entitled ``Lease and 
Interchange of Vehicles; Motor Carriers of Passengers,'' 80 FR 30164 
(May 27, 2015). The American Bus Association (ABA) and United 
Motorcoach Association (UMA) filed a joint request for an extension of 
the June 26, 2015, deadline for the submission of petitions for 
reconsideration of the final rule. (80 FR 37553). On July 1, 2015, the 
Agency announced an extension of the deadline

[[Page 13999]]

for petitions for reconsideration, until August 25, 2015. (80 FR 
37553).
    The Agency ultimately received 24 unique letters and 24 form 
letters with additional text as petitions for reconsideration, all of 
which were filed in the public docket referenced above. After the 
initial review of the petitions, FMCSA held a meeting on October 28, 
2015, with a cross section of the petitioners. Attending were 
representatives from small and large bus companies, charter and 
regular-route operations and diverse areas of the nation. Additionally, 
two insurance company representatives were invited due to the concerns 
raised in the petitions about liability. The purpose of the meeting was 
to have an open discussion about petitioners' concerns and to gather 
additional details about their specific operations.
    Based on these communications, and after further analysis, FMCSA 
has concluded that some of the petitions for reconsideration may have 
merit. FMCSA mailed a letter to each petitioner on September 9, 2015, 
acknowledging the Agency had received the petition and will process the 
petition in accordance with 49 CFR 389.35, ``Petitions for 
Reconsideration.'' After the Agency has reviewed all relevant 
information and a determination has been made, the petitioner will 
again be notified by letter. While the Agency is not yet in a position 
to grant or deny the petitions, it is mindful of the approaching 
compliance date of January 1, 2017, and it wishes to allay stakeholder 
concerns that there will not be sufficient time to adjust passenger 
carrier operations before compliance with the final rule is required. 
The Agency is therefore extending the compliance date to January 1, 
2018. The Agency is adding a temporary section Sec.  390.300T to 
subpart F of 49 CFR part 390 to inform the public of this extension. 
There will no longer be a need for the temporary section dealing with 
the compliance date after January 1, 2018, thus the temporary section 
will be in effect only from March 16, 2016 through January 1, 2018.

II. Regulatory Analyses

A. Regulatory Planning and Review

    FMCSA has determined that this action is a non-significant 
regulatory action under Executive Order 12866, as supplemented by 
Executive Order 13563 (76 FR 3821, January 18, 2011), and DOT 
regulatory policies and procedures (44 FR 1103, February 26, 1979). The 
Agency does not expect the rule to generate substantial congressional 
or public interest. This rule has not been reviewed formally by the 
Office of Management and Budget (OMB).
    Please review the final rule's Regulatory Evaluation in docket 
FMCSA-2012-0103 for a thorough discussion of the assumptions the Agency 
made, the public comments the Agency considered, the options/
alternatives considered in developing the final rule, the analysis 
conducted, and the petitions for reconsideration received to the May 
27, 2015, final rule 80 FR 30164.

B. Regulatory Flexibility Act

    Section 603 of the Regulatory Flexibility Act (RFA), as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 
104-121, 110 Stat. 857, March 29, 1996) and the Small Business Jobs Act 
of 2010 (Pub. L. 111-240, September 27, 2010), requires FMCSA to 
perform a detailed analysis of the potential impact of the final rule 
on small entities. Accordingly, DOT policy requires that agencies shall 
strive to lessen any adverse effects on these businesses and other 
entities. The Final Regulatory Flexibility Analysis conducted as part 
of the May 27, 2015, continues to be applicable to this final rule.
Assistance for Small Entities
    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this rule so that they can better evaluate its effects 
on themselves. If the rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please consult the 
FMCSA point of contact, Loretta Bitner, listed in the FOR FURTHER 
INFORMATION CONTACT section of this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the SBA's Small Business and Agriculture Regulatory 
Enforcement 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 ensuring the rights of small entities to 
regulatory enforcement fairness and an explicit policy against 
retaliation for exercising these rights.

C. Federalism (Executive Order 13132)

    A rule has federalism implications if it has a substantial direct 
effect on State or local governments and would either preempt State law 
or impose a substantial direct cost of compliance on the States. FMCSA 
analyzed this rule under E.O. 13132 and has determined that it has no 
federalism implications.

D. Unfunded Mandates Reform Act of 1995

    This final rule does not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et 
seq.), that would result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $155 
million (which is the value of $100 million in 2014 after adjusting for 
inflation) or more in any 1 year.

E. Executive Order 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

F. Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. The 
Agency has determined that this rule does not create an environmental 
risk to health or safety that would disproportionately affect children.

G. Executive Order 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with Executive Order 
12630, Governmental Actions and Interference with Constitutionally 
Protected Property Rights, and has determined it would not effect a 
taking of private property or otherwise have taking implications.

H. Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to 
conduct a privacy impact assessment (PIA) of a regulation that will 
affect the privacy of individuals. This final rule does not require the 
collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a

[[Page 14000]]

matching program. FMCSA has determined this final rule does not result 
in a new or revised Privacy Act System of Records for FMCSA.

I. Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

J. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from the OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. On August 5, 2015, OMB approved the May 27, 2015, final 
rule's two information collections titled ``Commercial Motor Vehicle 
Marking Requirements,'' OMB No. 2126-0054, and ``Lease and Interchange 
of Motor Vehicles,'' OMB No. 2126-0056. OMB has set the dates for both 
of these information collections to expire on August 31, 2018.

K. National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this final rule in accordance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The 
Agency has determined under its environmental procedures Order 5610.1, 
published March 1, 2004, in the Federal Register (69 FR 9680), that 
this action is categorically excluded from further environmental 
documentation under Appendix 2, Paragraphs y (2) and y (7) of the Order 
(69 FR 9702). These categorical exclusions relate to:
     y (2) Regulations implementing motor carrier 
identification and registration reports; and
     y (7) Regulations implementing prohibitions on motor 
carriers, agents, officers, representatives, and employees from making 
fraudulent or intentionally false statements on any application, 
certificate, report, or record required by FMCSA.
    Thus, the final action will not require an environmental assessment 
or an environmental impact statement.
    FMCSA also analyzed this proposed rule under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and 
implementing regulations promulgated by the Environmental Protection 
Agency. Approval of this action is exempt from the CAA's general 
conformity requirement since it does not affect direct or indirect 
emissions of criteria pollutants.

L. Executive Order 13211 (Energy Effects)

    FMCSA has analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Agency has determined that it is not a 
``significant energy action'' under that Executive Order because it is 
not economically significant and is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor 
vehicle safety, Reporting and recordkeeping requirements.

The Final Rule

    For the reasons stated in the preamble, FMCSA amends 49 CFR part 
390 in title 49, Code of Federal Regulations, chapter III, subchapter 
B, as follows:

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
1. The authority citation for part 390 is revised to read as follows:

    Authority:  49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 
31137, 31144, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 
1673, 1677-1678; sec. 212, 217, Pub. L. 106-159, 113 Stat. 1748, 
1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115 
and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 
1726, 1743-1744); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; 
sections 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 
830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; and 49 CFR 1.87.


0
2. Effective March 16, 2016 until January 1, 2018, add Sec.  390.300T 
to subpart F to read as follows:


Sec.  390.300T  Compliance date.

    Motor carriers of passengers operating CMVs under a lease or 
interchange agreement are subject to Sec. Sec.  390.301, 390.303, and 
390.305 of this subpart on January 1, 2018.

    Issued under the authority delegated in 49 CFR 1.87 on: March 
10, 2016.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2016-05932 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                13998            Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations

                                                  (c) No multichannel video                             was published in the Federal Register at              DEPARTMENT OF TRANSPORTATION
                                                programming distributor shall by                        81 FR 11988, March 7, 2016.
                                                contract, agreement, patent, intellectual                                                                     Federal Motor Carrier Safety
                                                                                                        DATES:   Effective: March 16, 2016.
                                                property right or otherwise preclude the                                                                      Administration
                                                addition of features or functions to the                FOR FURTHER INFORMATION CONTACT:   Ms.
                                                equipment made available pursuant to                    Hada Flowers, Regulatory Secretariat                  49 CFR Part 390
                                                this section that are not designed,                     Division (MVCB), 1800 F Street NW.,
                                                intended or function to defeat the                      2nd Floor, Washington, DC 20405, 202–                 [Docket No. FMCSA–2012–0103]
                                                conditional access controls of such                     501–4755. Please cite FAC 2005–87,
                                                                                                                                                              RIN 2126–AB90
                                                devices or to provide unauthorized                      Technical Amendments; Corrections.
                                                access to service.                                      SUPPLEMENTARY INFORMATION:                            Lease and Interchange of Vehicles;
                                                  (d) Notwithstanding the foregoing,                                                                          Motor Carriers of Passengers
                                                Navigation Devices need not be made                     Background
                                                available pursuant to this section where:                                                                     AGENCY:  Federal Motor Carrier Safety
                                                                                                          The dates to the amended FAR                        Administration (FMCSA), DOT.
                                                  (1) It is not reasonably feasible to
                                                                                                        sections were inadvertently stated on
                                                prevent such devices from being used                                                                          ACTION: Final rule; extension of
                                                                                                        the Federal Register publication.
                                                for the unauthorized reception of                                                                             compliance date.
                                                service; or                                             Need for Corrections
                                                  (2) It is not reasonably feasible to                                                                        SUMMARY:    FMCSA extends the
                                                separate conditional access from other                    As published, the final Technical                   compliance date by which motor
                                                functions without jeopardizing security.                Amendment document contains errors                    carriers of passengers operating CMVs
                                                  (e) Paragraphs (a)(1), (b), and (c) of                which may prove to be misleading and                  under a lease or interchange agreement
                                                this section shall not apply to the                     need to be clarified.                                 are subject to the FMCSA final rule
                                                provision of any Navigation Device that:                List of Subjects in 48 CFR Part 52                    published May 27, 2015, for one year, to
                                                  (1) Employs conditional access                                                                              January 1, 2018. The Agency received
                                                mechanisms only to access analog video                      Government procurement.                           numerous petitions for reconsideration
                                                programming;                                                                                                  of the final rule and based upon a
                                                                                                          Accordingly, 48 CFR part 52 is
                                                  (2) Is capable only of providing access                                                                     review of the petitions, determined that
                                                                                                        corrected by making the following
                                                to analog video programming offered                                                                           the compliance date should be extended
                                                                                                        correcting amendments:
                                                over a multichannel video programming                                                                         to provide sufficient time to address the
                                                distribution system; and                                PART 52–SOLICITATION PROVISIONS                       issues raised by the petitioners. The
                                                  (3) Does not provide access to any                    AND CONTRACT CLAUSES                                  Agency is adding a temporary section to
                                                digital transmission of multichannel                                                                          its regulations to inform the public of
                                                video programming or any other digital                  ■ 1. The authority citation for part 52               this extension. There will no longer be
                                                service through any receiving, decoding,                continues to read as follows:                         a need for the section on the compliance
                                                conditional access, or other function,                                                                        date after January 1, 2018, thus the
                                                                                                          Authority: 40 U.S.C. 121(c); 10 U.S.C.              temporary section will be in effect only
                                                including any conversion of digital                     chapter 137; and 51 U.S.C. 20113.
                                                programming or service to an analog                                                                           from March 16, 2016 through January 1,
                                                format.                                                 ■  2. In section 52.212–5:                            2018.
                                                [FR Doc. 2016–05762 Filed 3–15–16; 8:45 am]             ■  a. In paragraphs (c)(8), and (e)(1)(xv),           DATES: Effective date: March 16, 2016
                                                BILLING CODE 6712–01–P                                  remove ‘‘(MAR 2016)’’ and add ‘‘(DEC                  until January 1, 2018. Compliance date:
                                                                                                        2015)’’ in their places, respectively.                As of March 16, 2016, the compliance
                                                                                                        ■ b. Revise the date of Alternate II, and
                                                                                                                                                              date for the requirements in subpart F
                                                                                                        remove from paragraph (e)(1)(ii)(N)                   to 49 CFR part 390 (§§ 390.301, 390.303,
                                                DEPARTMENT OF DEFENSE                                                                                         and 390.305) is extended until January
                                                                                                        ‘‘(MAR 2016)’’ and add ‘‘(DEC 2015)’’ in
                                                                                                        its place.                                            1, 2018.
                                                GENERAL SERVICES
                                                ADMINISTRATION                                                                                                FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                           The revision reads as follows:
                                                                                                                                                              Loretta Bitner, (202) 366–2400,
                                                                                                           52.212–5 Contract Terms and                        loretta.bitner@dot.gov, Office of
                                                NATIONAL AERONAUTICS AND                                Conditions Required to Implement
                                                SPACE ADMINISTRATION                                                                                          Enforcement and Compliance. FMCSA
                                                                                                        Statutes or Executive Orders—                         office hours are from 9 a.m. to 5 p.m.,
                                                                                                        Commercial Items.                                     Monday through Friday, except Federal
                                                48 CFR Part 52
                                                                                                        *      *     *     *     *                            holidays.
                                                [FAC 2005–87; Technical Amendment;                         Alternate II (MAR 2016).                           SUPPLEMENTARY INFORMATION:
                                                Corrections; Docket 2016–0052; Sequence
                                                No. 1]
                                                                                                        *      *     *     *     *                            I. Background
                                                                                                        52.213–4     [Corrected]                                 On May 27, 2015, FMCSA published
                                                Federal Acquisition Regulation;
                                                                                                                                                              a final rule entitled ‘‘Lease and
                                                Technical Amendment; Corrections                        ■ 3. Remove from section 52.213–4,
                                                                                                                                                              Interchange of Vehicles; Motor Carriers
                                                                                                        paragraph (b)(1)(ix) ‘‘(MAR 2016)’’ and
                                                AGENCIES: Department of Defense (DoD),                                                                        of Passengers,’’ 80 FR 30164 (May 27,
                                                                                                        add ‘‘(DEC 2015)’’ in its place.
                                                General Services Administration (GSA),                                                                        2015). The American Bus Association
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                                                and National Aeronautics and Space                        Dated: March 11, 2016.                              (ABA) and United Motorcoach
                                                Administration (NASA).                                  William Clark,                                        Association (UMA) filed a joint request
                                                ACTION: Correcting amendments.                          Director, Office of Government-wide                   for an extension of the June 26, 2015,
                                                                                                        Acquisition Policy, Office of Acquisition             deadline for the submission of petitions
                                                SUMMARY:   DoD, GSA, and NASA are                       Policy, Office of Government-wide Policy.             for reconsideration of the final rule. (80
                                                issuing a correction to FAC 2005–87;                    [FR Doc. 2016–05920 Filed 3–15–16; 8:45 am]           FR 37553). On July 1, 2015, the Agency
                                                Technical Amendment; (Item II), which                   BILLING CODE 6820–EP–P                                announced an extension of the deadline


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                                                                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations                                          13999

                                                for petitions for reconsideration, until                congressional or public interest. This                C. Federalism (Executive Order 13132)
                                                August 25, 2015. (80 FR 37553).                         rule has not been reviewed formally by                   A rule has federalism implications if
                                                   The Agency ultimately received 24                    the Office of Management and Budget                   it has a substantial direct effect on State
                                                unique letters and 24 form letters with                 (OMB).                                                or local governments and would either
                                                additional text as petitions for                           Please review the final rule’s                     preempt State law or impose a
                                                reconsideration, all of which were filed                Regulatory Evaluation in docket                       substantial direct cost of compliance on
                                                in the public docket referenced above.                  FMCSA–2012–0103 for a thorough                        the States. FMCSA analyzed this rule
                                                After the initial review of the petitions,              discussion of the assumptions the                     under E.O. 13132 and has determined
                                                FMCSA held a meeting on October 28,                     Agency made, the public comments the                  that it has no federalism implications.
                                                2015, with a cross section of the                       Agency considered, the options/
                                                petitioners. Attending were                             alternatives considered in developing                 D. Unfunded Mandates Reform Act of
                                                representatives from small and large bus                the final rule, the analysis conducted,               1995
                                                companies, charter and regular-route                    and the petitions for reconsideration                   This final rule does not impose an
                                                operations and diverse areas of the                     received to the May 27, 2015, final rule              unfunded Federal mandate, as defined
                                                nation. Additionally, two insurance                     80 FR 30164.                                          by the Unfunded Mandates Reform Act
                                                company representatives were invited                                                                          of 1995 (2 U.S.C. 1532 et seq.), that
                                                due to the concerns raised in the                       B. Regulatory Flexibility Act
                                                                                                                                                              would result in the expenditure by
                                                petitions about liability. The purpose of                 Section 603 of the Regulatory                       State, local, and tribal governments, in
                                                the meeting was to have an open                         Flexibility Act (RFA), as amended by                  the aggregate, or by the private sector, of
                                                discussion about petitioners’ concerns                  the Small Business Regulatory                         $155 million (which is the value of $100
                                                and to gather additional details about                  Enforcement Fairness Act of 1996 (Pub.                million in 2014 after adjusting for
                                                their specific operations.                              L. 104–121, 110 Stat. 857, March 29,                  inflation) or more in any 1 year.
                                                   Based on these communications, and                   1996) and the Small Business Jobs Act
                                                after further analysis, FMCSA has                                                                             E. Executive Order 12988 (Civil Justice
                                                                                                        of 2010 (Pub. L. 111–240, September 27,
                                                concluded that some of the petitions for                                                                      Reform)
                                                                                                        2010), requires FMCSA to perform a
                                                reconsideration may have merit.                         detailed analysis of the potential impact                This final rule meets applicable
                                                FMCSA mailed a letter to each                           of the final rule on small entities.                  standards in sections 3(a) and 3(b)(2) of
                                                petitioner on September 9, 2015,                        Accordingly, DOT policy requires that                 Executive Order 12988, Civil Justice
                                                acknowledging the Agency had received                   agencies shall strive to lessen any                   Reform, to minimize litigation,
                                                the petition and will process the                       adverse effects on these businesses and               eliminate ambiguity, and reduce
                                                petition in accordance with 49 CFR                      other entities. The Final Regulatory                  burden.
                                                389.35, ‘‘Petitions for Reconsideration.’’              Flexibility Analysis conducted as part of             F. Executive Order 13045 (Protection of
                                                After the Agency has reviewed all                       the May 27, 2015, continues to be                     Children)
                                                relevant information and a                              applicable to this final rule.
                                                determination has been made, the                                                                                FMCSA analyzed this action under
                                                petitioner will again be notified by                    Assistance for Small Entities                         Executive Order 13045, Protection of
                                                letter. While the Agency is not yet in a                   In accordance with section 213(a) of               Children from Environmental Health
                                                position to grant or deny the petitions,                the Small Business Regulatory                         Risks and Safety Risks. The Agency has
                                                it is mindful of the approaching                        Enforcement Fairness Act of 1996,                     determined that this rule does not create
                                                compliance date of January 1, 2017, and                 FMCSA wants to assist small entities in               an environmental risk to health or safety
                                                it wishes to allay stakeholder concerns                 understanding this rule so that they can              that would disproportionately affect
                                                that there will not be sufficient time to               better evaluate its effects on themselves.            children.
                                                adjust passenger carrier operations                     If the rule would affect your small                   G. Executive Order 12630 (Taking of
                                                before compliance with the final rule is                business, organization, or governmental               Private Property)
                                                required. The Agency is therefore                       jurisdiction and you have questions
                                                extending the compliance date to                                                                                 FMCSA reviewed this final rule in
                                                                                                        concerning its provisions or options for              accordance with Executive Order 12630,
                                                January 1, 2018. The Agency is adding                   compliance, please consult the FMCSA
                                                a temporary section § 390.300T to                                                                             Governmental Actions and Interference
                                                                                                        point of contact, Loretta Bitner, listed in           with Constitutionally Protected Property
                                                subpart F of 49 CFR part 390 to inform                  the FOR FURTHER INFORMATION CONTACT
                                                the public of this extension. There will                                                                      Rights, and has determined it would not
                                                                                                        section of this rule.                                 effect a taking of private property or
                                                no longer be a need for the temporary                      Small businesses may send comments
                                                section dealing with the compliance                                                                           otherwise have taking implications.
                                                                                                        on the actions of Federal employees
                                                date after January 1, 2018, thus the                    who enforce or otherwise determine                    H. Privacy Impact Assessment
                                                temporary section will be in effect only                compliance with Federal regulations to                   Section 522 of title I of division H of
                                                from March 16, 2016 through January 1,                  the SBA’s Small Business and                          the Consolidated Appropriations Act,
                                                2018.                                                   Agriculture Regulatory Enforcement                    2005, enacted December 8, 2004 (Pub. L.
                                                II. Regulatory Analyses                                 Ombudsman and the Regional Small                      108–447, 118 Stat. 2809, 3268, 5 U.S.C.
                                                                                                        Business Regulatory Fairness Boards.                  552a note), requires the Agency to
                                                A. Regulatory Planning and Review                       The Ombudsman evaluates these                         conduct a privacy impact assessment
                                                  FMCSA has determined that this                        actions annually and rates each agency’s              (PIA) of a regulation that will affect the
                                                action is a non-significant regulatory                  responsiveness to small business. If you              privacy of individuals. This final rule
mstockstill on DSK4VPTVN1PROD with RULES




                                                action under Executive Order 12866, as                  wish to comment on actions by                         does not require the collection of any
                                                supplemented by Executive Order                         employees of FMCSA, call 1–888–REG–                   personally identifiable information.
                                                13563 (76 FR 3821, January 18, 2011),                   FAIR (1–888–734–3247). DOT has a                         The Privacy Act (5 U.S.C. 552a)
                                                and DOT regulatory policies and                         policy ensuring the rights of small                   applies only to Federal agencies and any
                                                procedures (44 FR 1103, February 26,                    entities to regulatory enforcement                    non-Federal agency which receives
                                                1979). The Agency does not expect the                   fairness and an explicit policy against               records contained in a system of records
                                                rule to generate substantial                            retaliation for exercising these rights.              from a Federal agency for use in a


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                                                14000            Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations

                                                matching program. FMCSA has                             L. Executive Order 13211 (Energy                      DEPARTMENT OF COMMERCE
                                                determined this final rule does not                     Effects)
                                                result in a new or revised Privacy Act                                                                        National Oceanic and Atmospheric
                                                System of Records for FMCSA.                              FMCSA has analyzed this rule under                  Administration
                                                                                                        Executive Order 13211, Actions
                                                I. Executive Order 12372                                Concerning Regulations That                           50 CFR Part 300
                                                (Intergovernmental Review)                              Significantly Affect Energy Supply,
                                                                                                                                                              [Docket No. 160203073–6073–01]
                                                   The regulations implementing                         Distribution, or Use. The Agency has
                                                Executive Order 12372 regarding                         determined that it is not a ‘‘significant             RIN 0648–BF75
                                                intergovernmental consultation on                       energy action’’ under that Executive
                                                Federal programs and activities do not                                                                        Pacific Halibut Fisheries; Catch
                                                                                                        Order because it is not economically
                                                apply to this program.                                                                                        Sharing Plan
                                                                                                        significant and is not likely to have a
                                                J. Paperwork Reduction Act                              significant adverse effect on the supply,             AGENCY:  National Marine Fisheries
                                                                                                        distribution, or use of energy.                       Service (NMFS), National Oceanic and
                                                   Under the Paperwork Reduction Act
                                                                                                                                                              Atmospheric Administration (NOAA),
                                                of 1995 (PRA) (44 U.S.C. 3501 et seq.),                 List of Subjects in 49 CFR Part 390                   Commerce.
                                                Federal agencies must obtain approval
                                                from the OMB for each collection of                        Highway safety, Intermodal                         ACTION: Final rule.
                                                information they conduct, sponsor, or                   transportation, Motor carriers, Motor
                                                                                                        vehicle safety, Reporting and                         SUMMARY:   The Assistant Administrator
                                                require through regulations. On August
                                                                                                                                                              for Fisheries, National Oceanic and
                                                5, 2015, OMB approved the May 27,                       recordkeeping requirements.
                                                                                                                                                              Atmospheric Administration (NOAA),
                                                2015, final rule’s two information
                                                                                                        The Final Rule                                        on behalf of the International Pacific
                                                collections titled ‘‘Commercial Motor
                                                                                                                                                              Halibut Commission (IPHC), publishes
                                                Vehicle Marking Requirements,’’ OMB                       For the reasons stated in the                       annual management measures governing
                                                No. 2126–0054, and ‘‘Lease and                          preamble, FMCSA amends 49 CFR part                    the Pacific halibut fishery recommended
                                                Interchange of Motor Vehicles,’’ OMB                    390 in title 49, Code of Federal                      as regulations by the IPHC and accepted
                                                No. 2126–0056. OMB has set the dates                    Regulations, chapter III, subchapter B,               by the Secretary of State. This action is
                                                for both of these information collections               as follows:                                           intended to enhance the conservation of
                                                to expire on August 31, 2018.
                                                                                                                                                              Pacific halibut and further the goals and
                                                K. National Environmental Policy Act                    PART 390—FEDERAL MOTOR                                objectives of the Pacific Fishery
                                                and Clean Air Act                                       CARRIER SAFETY REGULATIONS;                           Management Council and the North
                                                                                                        GENERAL                                               Pacific Fishery Management Council
                                                   FMCSA analyzed this final rule in
                                                accordance with the National                                                                                  (NPFMC).
                                                Environmental Policy Act of 1969                        ■  1. The authority citation for part 390             DATES:  The IPHC’s 2016 annual
                                                (NEPA) (42 U.S.C. 4321 et seq.). The                    is revised to read as follows:                        management measures are effective
                                                Agency has determined under its                           Authority: 49 U.S.C. 504, 508, 31132,               March 14, 2016. The 2016 management
                                                environmental procedures Order 5610.1,                  31133, 31134, 31136, 31137, 31144, 31151,             measures are effective until superseded.
                                                published March 1, 2004, in the Federal                 31502; sec. 114, Pub. L. 103–311, 108 Stat.           ADDRESSES: Additional requests for
                                                Register (69 FR 9680), that this action is              1673, 1677–1678; sec. 212, 217, Pub. L. 106–          information regarding this action may
                                                categorically excluded from further                     159, 113 Stat. 1748, 1766, 1767; sec. 229,            be obtained by contacting the
                                                environmental documentation under                       Pub. L. 106–159 (as transferred by sec. 4115          International Pacific Halibut
                                                Appendix 2, Paragraphs y (2) and y (7)                  and amended by secs. 4130–4132, Pub. L.               Commission, 2320 W. Commodore Way,
                                                of the Order (69 FR 9702). These                        109–59, 119 Stat. 1144, 1726, 1743–1744);             Suite 300, Seattle, WA 98199–1287; or
                                                categorical exclusions relate to:                       sec. 4136, Pub. L. 109–59, 119 Stat. 1144,            Sustainable Fisheries Division, NMFS
                                                   • y (2) Regulations implementing                     1745; sections 32101(d) and 32934, Pub. L.            Alaska Region, P.O. Box 21668, Juneau,
                                                motor carrier identification and                        112–141, 126 Stat. 405, 778, 830; sec. 2, Pub.        AK 99802, Attn: Ellen Sebastian,
                                                registration reports; and                               L. 113–125, 128 Stat. 1388; and 49 CFR 1.87.          Records Officer; or Sustainable Fisheries
                                                   • y (7) Regulations implementing                                                                           Division, NMFS West Coast Region,
                                                prohibitions on motor carriers, agents,                 ■ 2. Effective March 16, 2016 until
                                                                                                        January 1, 2018, add § 390.300T to                    7600 Sand Point Way, NE., Seattle, WA
                                                officers, representatives, and employees                                                                      98115. This final rule also is accessible
                                                from making fraudulent or intentionally                 subpart F to read as follows:
                                                                                                                                                              via the Internet at the Federal
                                                false statements on any application,                                                                          eRulemaking portal at http://
                                                                                                        § 390.300T    Compliance date.
                                                certificate, report, or record required by                                                                    www.regulations.gov, identified by
                                                FMCSA.                                                    Motor carriers of passengers operating              docket number NOAA–NMFS–2016–
                                                   Thus, the final action will not require              CMVs under a lease or interchange                     0015.
                                                an environmental assessment or an                       agreement are subject to §§ 390.301,
                                                environmental impact statement.                         390.303, and 390.305 of this subpart on               FOR FURTHER INFORMATION CONTACT:     For
                                                   FMCSA also analyzed this proposed                    January 1, 2018.                                      waters off Alaska, Glenn Merrill or Julie
                                                rule under the Clean Air Act, as                                                                              Scheurer, 907–586–7228; or, for waters
                                                amended (CAA), section 176(c) (42                         Issued under the authority delegated in 49          off the U.S. West Coast, Sarah Williams,
                                                U.S.C. 7401 et seq.), and implementing                  CFR 1.87 on: March 10, 2016.                          206–526–4646.
mstockstill on DSK4VPTVN1PROD with RULES




                                                regulations promulgated by the                          Daphne Y. Jefferson,                                  SUPPLEMENTARY INFORMATION:
                                                Environmental Protection Agency.                        Deputy Administrator.
                                                Approval of this action is exempt from                                                                        Background
                                                                                                        [FR Doc. 2016–05932 Filed 3–15–16; 8:45 am]
                                                the CAA’s general conformity                            BILLING CODE 4910–EX–P                                  The IPHC has recommended
                                                requirement since it does not affect                                                                          regulations which would govern the
                                                direct or indirect emissions of criteria                                                                      Pacific halibut fishery in 2016, pursuant
                                                pollutants.                                                                                                   to the Convention between Canada and


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Document Created: 2016-03-15 23:44:04
Document Modified: 2016-03-15 23:44:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; extension of compliance date.
ContactMs. Loretta Bitner, (202) 366-2400, [email protected], Office of Enforcement and Compliance. FMCSA office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays.
FR Citation81 FR 13998 
RIN Number2126-AB90
CFR AssociatedHighway Safety; Intermodal Transportation; Motor Carriers; Motor Vehicle Safety and Reporting and Recordkeeping Requirements

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