82 FR 23516 - Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range		23516-23517
FR Document		2017-10556

In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this action temporarily delays, until June 5, 2017, the effective date of the final rule titled ``Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators,'' initially effective on February 6, 2017.

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)

[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Rules and Regulations]
[Pages 23516-23517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10556]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[FMCSA-2007-27748]
RIN 2126-AB66


Minimum Training Requirements for Entry-Level Commercial Motor 
Vehicle Operators

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

ACTION: Final rule; further delay of effective date.

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SUMMARY: In accordance with the Presidential directive as expressed in 
the memorandum of January 20, 2017, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this 
action temporarily delays, until June 5, 2017, the effective date of 
the final rule titled ``Minimum Training Requirements for Entry-Level 
Commercial Motor Vehicle Operators,'' initially effective on February 
6, 2017.

DATES: The effective date of the final rule published on December 8, 
2016 (81 FR 88732), delayed to March 21, 2017 at 82 FR 8903 and then 
further delayed to May 22, 2017 at 82 FR 14476, is further delayed 
until June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations (MC-PSD) Division, FMCSA, 1200 New Jersey Ave. SE., 
Washington, DC 20590-0001, by telephone at 202-366-4325, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: FMCSA bases this action on the Presidential 
directive as expressed in the memorandum of January 20, 2017, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Freeze Pending Review'' (the January 20, 2017, memorandum). That 
memorandum directed the heads of Executive Departments and Agencies to 
temporarily postpone for 60 days from the date of the memorandum the 
effective dates of certain regulations that had been published in the 
Federal Register, but had not yet taken effect. Because the original 
effective date of the final rule published on December 8, 2016, fell 
within that 60-day window, the effective date of the rule was extended 
to March 21, 2017, in a final rule published on February 1, 2017 (82 FR 
8903). Consistent with the memorandum of the Assistant to the President 
and Chief of Staff, and as stated in the February 1, 2017, final rule 
delaying the effective date, the Agency further delayed the effective 
date of this regulation until May 22, 2017 (82 FR 14476, March 21, 
2017). The Agency now delays the effective date until June 5, 2017.
    The Agency's implementation of this action without opportunity for 
public comment is based on the good cause exceptions in 5 U.S.C. 
553(b)(B) and 553(d)(3), in that seeking public comment is 
impracticable, unnecessary and contrary to the public interest. The 
delay in the effective date until June 5, 2017, is necessary to provide 
the opportunity for further review and consideration of this new 
regulation, consistent with the January 20, 2017,

[[Page 23517]]

memorandum. Given the imminence of the effective date of the ``Minimum 
Training Requirements for Entry-Level Commercial Motor Vehicle 
Operators'' final rule, seeking prior public comment on this temporary 
delay would be impractical, as well as contrary to the public interest 
in the orderly promulgation and implementation of regulations.

    Issued under the authority of delegation in 49 CFR 1.87 on: May 
18, 2017.
John Van Steenburg,
Assistant Administrator.
[FR Doc. 2017-10556 Filed 5-19-17; 4:15 pm]
BILLING CODE 4910-EX-P

23516 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations

principles and preemption requirements message can be received without SUMMARY: In accordance with the
described in Executive Order 13132. jeopardizing the safety or security of Presidential directive as expressed in
Also, this rule does not have tribal people, places or vessels. the memorandum of January 20, 2017,
implications under Executive Order from the Assistant to the President and
13175, Consultation and Coordination List of Subjects in 33 CFR Part 165
Chief of Staff, entitled ‘‘Regulatory
with Indian Tribal Governments, Harbors, Marine safety, Navigation Freeze Pending Review,’’ this action
because it does not have a substantial (water), Reporting and recordkeeping temporarily delays, until June 5, 2017,
direct effect on one or more Indian requirements, Security measures, the effective date of the final rule titled
tribes, on the relationship between the Waterways. ‘‘Minimum Training Requirements for
Federal Government and Indian tribes, For the reasons discussed in the Entry-Level Commercial Motor Vehicle
or on the distribution of power and preamble, the Coast Guard amends 33 Operators,’’ initially effective on
responsibilities between the Federal CFR part 165 as follows: February 6, 2017.
Government and Indian tribes. If you DATES: The effective date of the final
believe this rule has implications for PART 165—REGULATED NAVIGATION rule published on December 8, 2016 (81
federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS FR 88732), delayed to March 21, 2017
contact the person listed in the FOR at 82 FR 8903 and then further delayed
■ 1. The authority citation for part 165
FURTHER INFORMATION CONTACT section. to May 22, 2017 at 82 FR 14476, is
continues to read as follows:
E. Unfunded Mandates Reform Act further delayed until June 5, 2017.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; FOR FURTHER INFORMATION CONTACT: Mr.
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires Department of Homeland Security Delegation Richard Clemente, Driver and Carrier
Federal agencies to assess the effects of No. 0170.1. Operations (MC–PSD) Division,
their discretionary regulatory actions. In ■ 2. In § 165.902, revise the section FMCSA, 1200 New Jersey Ave. SE.,
particular, the Act addresses actions heading and add paragraph (b) to read Washington, DC 20590–0001, by
that may result in the expenditure by a as follows: telephone at 202–366–4325, or by email
State, local, or tribal government, in the at MCPSD@dot.gov.
§ 165.902 Safety Zone; Lower Niagara SUPPLEMENTARY INFORMATION: FMCSA
aggregate, or by the private sector of River at Niagara Falls, New York.
$100,000,000 (adjusted for inflation) or bases this action on the Presidential
more in any one year. Though this rule * * * * * directive as expressed in the
(b) The following is a safety zone— memorandum of January 20, 2017, from
will not result in such expenditure, we
The United States waters of the Lower the Assistant to the President and Chief
do discuss the effects of this rule
Niagara River, Niagara Falls, NY from a of Staff, entitled ‘‘Regulatory Freeze
elsewhere in this preamble.
straight line drawn from position Pending Review’’ (the January 20, 2017,
F. Environment 43°07′10.70″ N., 079°04′02.32″ W. (NAD memorandum). That memorandum
We have analyzed this rule under 83) and 43°07′09.41″ N., 079°04′05.41″ directed the heads of Executive
Department of Homeland Security W. (NAD 83) just south of the whirlpool Departments and Agencies to
Management Directive 023–01 and rapids from the east side of the river to temporarily postpone for 60 days from
Commandant Instruction M16475.lD, the international border of the United the date of the memorandum the
which guide the Coast Guard in States, to a straight line drawn from effective dates of certain regulations that
complying with the National position 43°06′34.01″ N., 079°03′28.04″ had been published in the Federal
Environmental Policy Act of 1969 (42 W. (NAD 83) and 43°06′33.52″ N., Register, but had not yet taken effect.
U.S.C. 4321–4370f), and have 079°03′30.42″ W. (NAD 83) at the Because the original effective date of the
determined that this action is one of a International Railroad Bridge. final rule published on December 8,
category of actions that do not Dated: April 20, 2017. 2016, fell within that 60-day window,
individually or cumulatively have a J.S. Dufresne, the effective date of the rule was
significant effect on the human Captain, U.S. Coast Guard, Captain of the extended to March 21, 2017, in a final
environment. This rule involves the Port Buffalo. rule published on February 1, 2017 (82
establishment of a permanent safety [FR Doc. 2017–10469 Filed 5–22–17; 8:45 am] FR 8903). Consistent with the
zone in a small section of the Lower BILLING CODE 9110–04–P memorandum of the Assistant to the
Niagara River. It is categorically President and Chief of Staff, and as
excluded from further review under stated in the February 1, 2017, final rule
paragraph 34(g) of Figure 2–1 of the DEPARTMENT OF TRANSPORTATION delaying the effective date, the Agency
Commandant Instruction. An further delayed the effective date of this
environmental analysis checklist Federal Motor Carrier Safety regulation until May 22, 2017 (82 FR
supporting this determination and a Administration 14476, March 21, 2017). The Agency
Categorical Exclusion Determination are now delays the effective date until June
available in the docket where indicated 49 CFR Parts 380, 383, and 384 5, 2017.
under ADDRESSES. We seek any The Agency’s implementation of this
[FMCSA–2007–27748] action without opportunity for public
comments or information that may lead
to the discovery of a significant RIN 2126–AB66 comment is based on the good cause
environmental impact from this rule. exceptions in 5 U.S.C. 553(b)(B) and
Minimum Training Requirements for 553(d)(3), in that seeking public
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G. Protest Activities Entry-Level Commercial Motor Vehicle comment is impracticable, unnecessary
The Coast Guard respects the First Operators and contrary to the public interest. The
Amendment rights of protesters. AGENCY: Federal Motor Carrier Safety delay in the effective date until June 5,
Protesters are asked to contact the Administration (FMCSA), DOT. 2017, is necessary to provide the
person listed in the FOR FURTHER opportunity for further review and
ACTION: Final rule; further delay of
INFORMATION CONTACT section to consideration of this new regulation,
effective date.
coordinate protest activities so that your consistent with the January 20, 2017,

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Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations 23517

memorandum. Given the imminence of (ITAC) in the Bering Sea subarea of the § 679.20(e) and (f) apply at any time
the effective date of the ‘‘Minimum BSAI. during a trip.
Training Requirements for Entry-Level DATES: Effective 1200 hrs, Alaska local
Classification
Commercial Motor Vehicle Operators’’ time (A.l.t.), May 18, 2017, through 2400
final rule, seeking prior public comment hrs, A.l.t., December 31, 2017. This action responds to the best
on this temporary delay would be FOR FURTHER INFORMATION CONTACT: available information recently obtained
impractical, as well as contrary to the Steve Whitney, 907–586–7228. from the fishery. The Acting Assistant
public interest in the orderly SUPPLEMENTARY INFORMATION: NMFS Administrator for Fisheries, NOAA
promulgation and implementation of manages the groundfish fishery in the (AA), finds good cause to waive the
regulations. BSAI according to the Fishery requirement to provide prior notice and
Issued under the authority of delegation in Management Plan for Groundfish of the opportunity for public comment
49 CFR 1.87 on: May 18, 2017. Bering Sea and Aleutian Islands pursuant to the authority set forth at 5
John Van Steenburg, Management Area (FMP) prepared by U.S.C. 553(b)(B) as such a requirement
Assistant Administrator. the North Pacific Fishery Management is impracticable and contrary to the
[FR Doc. 2017–10556 Filed 5–19–17; 4:15 pm] Council under authority of the public interest. This requirement is
BILLING CODE 4910–EX–P
Magnuson-Stevens Fishery impracticable and contrary to the public
Conservation and Management Act. interest as it would prevent NMFS from
Regulations governing fishing by U.S. responding to the most recent fisheries
vessels in accordance with the FMP data in a timely fashion and would
DEPARTMENT OF COMMERCE
appear at subpart H of 50 CFR part 600 delay the directed fishing closure for
National Oceanic and Atmospheric and 50 CFR part 679. sablefish by vessels using trawl gear in
Administration The 2017 sablefish trawl ITAC in the the Bering Sea subarea of the BSAI.
Bering Sea subarea of the BSAI is 541 NMFS was unable to publish a notice
metric tons (mt) as established by the providing time for public comment
50 CFR Part 679
final 2017 and 2018 harvest because the most recent, relevant data
[Docket No. 161020985–7181–02] specifications for groundfish in the only became available as of May 17,
BSAI (82 FR 11826; February 27, 2017). 2017.
RIN 0648–XF449
In accordance with § 679.20(d)(1)(i), the
The AA also finds good cause to
Fisheries of the Exclusive Economic Administrator, Alaska Region, NMFS
waive the 30-day delay in the effective
Zone Off Alaska; Sablefish in the (Regional Administrator), has
date of this action under 5 U.S.C.
Bering Sea Subarea of the Bering Sea determined that the 2017 sablefish trawl
ITAC in the Bering Sea subarea of the 553(d)(3). This finding is based upon
and Aleutian Islands Management Area the reasons provided above for waiver of
BSAI will soon be reached. Therefore,
AGENCY: National Marine Fisheries the Regional Administrator is prior notice and opportunity for public
Service (NMFS), National Oceanic and establishing a directed fishing comment.
Atmospheric Administration (NOAA), allowance of 350 mt, and is setting aside This action is required by § 679.20
Commerce. the remaining 191 mt as incidental and is exempt from review under
ACTION: Temporary rule; closure. catch. In accordance with Executive Order 12866.
§ 679.20(d)(1)(iii), the Regional Authority: 16 U.S.C. 1801 et seq.
SUMMARY: NMFS is prohibiting directed Administrator finds that this directed
fishing for sablefish by vessels using May 18, 2017.
fishing allowance has been reached.
trawl gear in the Bering Sea subarea of Consequently, NMFS is prohibiting Margo B. Schulze-Haugen,
the Bering Sea and Aleutian Islands directed trawl fishing for sablefish in Acting Deputy Director, Office of Sustainable
management area (BSAI). This action is the Bering Sea subarea of the BSAI. Fisheries, National Marine Fisheries Service.
necessary to prevent exceeding the 2017 After the effective date of this closure [FR Doc. 2017–10528 Filed 5–18–17; 4:15 pm]
sablefish initial total allowable catch the maximum retainable amounts at BILLING CODE 3510–22–P
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Document Created: 2017-05-23 02:14:53
Document Modified: 2017-05-23 02:14:53

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		Final rule; further delay of effective date.
Dates		The effective date of the final rule published on December 8, 2016 (81 FR 88732), delayed to March 21, 2017 at 82 FR 8903 and then further delayed to May 22, 2017 at 82 FR 14476, is further delayed until June 5, 2017.
Contact		Mr. Richard Clemente, Driver and Carrier Operations (MC-PSD) Division, FMCSA, 1200 New Jersey Ave. SE., Washington, DC 20590-0001, by telephone at 202-366-4325, or by email at [email protected]
FR Citation		82 FR 23516
RIN Number		2126-AB66
CFR Citation		49 CFR 380 49 CFR 383 49 CFR 384

82 FR 23516 - Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration