82 FR 26359 - System Safety Program
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 82, Issue 108 (June 7, 2017)
Federal Railroad Administration
Federal Register Volume 82, Issue 108 (June 7, 2017)
| Page Range | 26359-26360 | |
| FR Document | 2017-11727 |
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)] [Rules and Regulations] [Pages 26359-26360] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11727] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 270 [Docket No. FRA-2011-0060, Notice No. 6] RIN 2130-AC31 System Safety Program AGENCY: Federal Railroad Administration (FRA), Department of Transportation. ACTION: Final rule; stay of regulations. ----------------------------------------------------------------------- SUMMARY: On August 12, 2016, FRA published a final rule requiring commuter and intercity passenger railroads to develop and implement a system safety program (SSP) to improve the safety of their operations. On February 10, 2017, FRA stayed the SSP final rule's requirements until March 21, 2017, and extended the stay until May 22, 2017 and then to June 5, 2017. This document extends that stay until December 4, 2017. DATES: Effective June 2, 2017, 49 CFR part 270 is stayed until December 4, 2017. FOR FURTHER INFORMATION CONTACT: Matthew Navarrete, Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel; telephone: 202-493-0138; email: [email protected]. SUPPLEMENTARY INFORMATION: On August 12, 2016, FRA published a final rule requiring commuter and intercity passenger railroads to develop and implement an SSP to improve the safety of their operations. See 81 FR 53850. On February 10, 2017, FRA stayed the SSP final rule's requirements until March 21, 2017 consistent with the new Administration's guidance issued January 20, 2017, intended to provide the Administration an adequate opportunity to review new and pending regulations. 82 FR 10443 (Feb. 13, 2017). To provide additional time for that review, FRA extended the stay until May 22, 2017 and then to June 5, 2017. 82 FR 14476 (Mar. 21, 2017) and 82 FR 23150 (May 22, 2017). The review includes petitions for reconsideration of the SSP final rule (Petitions).\1\ FRA will conduct some form of outreach with interested parties to inform its decisions on the issues raised in the Petitions. FRA will announce any outreach process by separate notice in the Federal Register. Accordingly, to allow time for potential outreach, and to complete review of the rule and the Petitions, FRA is extending the stay of the rule until December 4, 2017. --------------------------------------------------------------------------- \1\ See SSP rulemaking docket for these petitions at: https://www.regulations.gov/docket?D=FRA-2011-0060. --------------------------------------------------------------------------- FRA'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 [[Page 26360]] comment on the stay is impracticable, unnecessary, and contrary to the public interest. The delay in the effective date until December 4, 2017, is necessary to continue the review of the rule and Petitions, including any potential outreach. Given the imminence of the effective date of the ``System Safety Program'' 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. Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Issued in Washington, DC, on June 1, 2017. Patrick T. Warren, Executive Director. [FR Doc. 2017-11727 Filed 6-2-17; 4:15 pm] BILLING CODE 4910-06-P
![Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations 26359
enforce its requirements. See CAA pollution, Penalties, Reporting and Authority: 42 U.S.C. 7414, 7521, 7542,
section 307(b)(2). recordkeeping requirements. 7545, and 7601(a).
Dated: May 31, 2017. ■ 2. Section 80.27 is amended in the
X. Legal Authority and Statutory
E. Scott Pruitt, table in paragraph (a)(2)(ii) by:
Provisions
■ a. Revising the entries for North
Administrator.
The statutory authority for this action Carolina and Tennessee.
is granted to EPA by CAA sections For the reasons discussed in the ■ b. Revising footnotes 6 and 7.
211(h) and 301(a), as amended; 42 preamble, the Environmental Protection ■ c. Adding new footnotes 8, 9, and 10.
U.S.C. 7545(h) and 7601(a). Agency is amending 40 CFR part 80 as The revisions and additions read as
List of Subjects in 40 CFR Part 80 follows: follows:
Environmental protection, PART 80—REGULATION OF FUELS § 80.27 Controls and prohibitions on
Administrative practice and procedures, AND FUEL ADDITIVES gasoline volatility.
Air pollution control, Fuel additives, (a) * * *
Gasoline, Motor vehicle and motor ■ 1. The authority citation for part 80 (2) * * *
vehicle engines, Motor vehicle continues to read as follows: (ii) * * *
APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS
State May June July August September
* * * * * * *
North Carolina 6 7 9 ................................................................ 9.0 9.0 9.0 9.0 9.0
* * * * * * *
Tennessee:
Knox County .................................................................. 9.0 9.0 9.0 9.0 9.0
Middle Tennessee Area 10 ............................................. 9.0 9.0 9.0 9.0 9.0
All volatility nonattainment areas .................................. 9.0 7.8 7.8 7.8 7.8
* * * * * * *
1 Standards
are expressed in pounds per square inch (psi).
* * * * * * *
6 The
standard for Davidson, Forsyth and Guilford Counties and a portion of Davie County from June 1 until September 15 in 1992 through
2013 was 7.8 psi.
7 The standard for Durham and Wake Counties, and a portion of Dutchville Township in Granville County from June 1 until September 15 in
1992 through 2013 was 7.8 psi.
8 The standard for Jefferson and Shelby Counties from June 1 until September 15 in 1992 through July 2, 2015 was 7.8 psi.
9 The standard for Mecklenburg and Gaston Counties from June 1 until September 15 in 1992 through 2015 was 7.8 psi.
10 The standard for the Middle Tennessee Area (Davidson, Rutherford, Sumner, Williamson, and Wilson Counties) from June 1 until September
15 in 1992 through June 7, 2017 was 7.8 psi.
* * * * * final rule’s requirements until March 21, regulations. 82 FR 10443 (Feb. 13,
[FR Doc. 2017–11700 Filed 6–6–17; 8:45 am] 2017, and extended the stay until May 2017). To provide additional time for
BILLING CODE 6560–50–P 22, 2017 and then to June 5, 2017. This that review, FRA extended the stay until
document extends that stay until May 22, 2017 and then to June 5, 2017.
December 4, 2017. 82 FR 14476 (Mar. 21, 2017) and 82 FR
DEPARTMENT OF TRANSPORTATION DATES: Effective June 2, 2017, 49 CFR 23150 (May 22, 2017).
part 270 is stayed until December 4, The review includes petitions for
Federal Railroad Administration 2017. reconsideration of the SSP final rule
FOR FURTHER INFORMATION CONTACT:
(Petitions).1 FRA will conduct some
49 CFR Part 270 Matthew Navarrete, Trial Attorney, U.S. form of outreach with interested parties
Department of Transportation, Federal to inform its decisions on the issues
[Docket No. FRA–2011–0060, Notice No. 6] raised in the Petitions. FRA will
Railroad Administration, Office of Chief
RIN 2130–AC31 Counsel; telephone: 202–493–0138; announce any outreach process by
email: Matthew.Navarrete@dot.gov. separate notice in the Federal Register.
System Safety Program Accordingly, to allow time for potential
SUPPLEMENTARY INFORMATION: On August
outreach, and to complete review of the
AGENCY: Federal Railroad 12, 2016, FRA published a final rule rule and the Petitions, FRA is extending
Administration (FRA), Department of requiring commuter and intercity the stay of the rule until December 4,
Transportation. passenger railroads to develop and 2017.
ACTION: Final rule; stay of regulations. implement an SSP to improve the safety FRA’s implementation of this action
of their operations. See 81 FR 53850. On
pmangrum on DSK3GDR082PROD with RULES
without opportunity for public
SUMMARY: On August 12, 2016, FRA February 10, 2017, FRA stayed the SSP comment is based on the good cause
published a final rule requiring final rule’s requirements until March 21, exceptions in 5 U.S.C. 553(b)(B) and
commuter and intercity passenger 2017 consistent with the new 553(d)(3), in that seeking public
railroads to develop and implement a Administration’s guidance issued
system safety program (SSP) to improve January 20, 2017, intended to provide 1 See SSP rulemaking docket for these petitions
the safety of their operations. On the Administration an adequate at: https://www.regulations.gov/docket?D=FRA-
February 10, 2017, FRA stayed the SSP opportunity to review new and pending 2011-0060.
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![26360 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations
comment on the stay is impracticable, Pyne, Office of Rulemaking, at (202) regulation, consistent with the January
unnecessary, and contrary to the public 366–4171. 20, 2017 memorandum. Given the
interest. The delay in the effective date SUPPLEMENTARY INFORMATION: NHTSA imminence of the effective date of the
until December 4, 2017, is necessary to bases this action in part on the ‘‘Federal Motor Vehicle Safety
continue the review of the rule and Presidential directive expressed in the Standards; Minimum Sound
Petitions, including any potential memorandum of January 20, 2017, from Requirements for Hybrid and Electric
outreach. Given the imminence of the the Assistant to the President and Chief Vehicles’’ final rule, seeking prior
effective date of the ‘‘System Safety of Staff, entitled ‘‘Regulatory Freeze public comment on this temporary
Program’’ final rule, seeking prior public Pending Review’’ (the January 20, 2017 delay would be impractical, as well as
comment on this temporary delay memorandum). That memorandum contrary to the public interest in the
would be impractical, as well as directed the heads of Executive orderly promulgation and
contrary to the public interest in the Departments and Agencies to implementation of regulations.
orderly promulgation and temporarily postpone for 60 days from Authority: 49 U.S.C. 322, 30111, 30115,
implementation of regulations. the date of the memorandum the 30117, and 30116; delegation of authority at
Authority: 49 U.S.C. 20103, 20106–20107, effective dates of certain regulations that 49 CFR 1.95.
20118–20119, 20156, 21301, 21304, 21311; had been published in the Federal Terry T. Shelton,
28 U.S.C. 2461, note; and 49 CFR 1.89. Register, but had not yet taken effect.
Acting Executive Director.
Issued in Washington, DC, on June 1, 2017. Because the original effective date of the
[FR Doc. 2017–11732 Filed 6–2–17; 4:15 pm]
Patrick T. Warren, final rule published on December 14,
2016, fell within that 60-day window, BILLING CODE 4910–59–P
Executive Director.
the effective date of the rule was
[FR Doc. 2017–11727 Filed 6–2–17; 4:15 pm]
extended to March 21, 2017, in a final
BILLING CODE 4910–06–P
rule published on February 6, 2017 (82 DEPARTMENT OF COMMERCE
FR 9368). The effective date was again
extended to May 22, 2017, in a final rule National Oceanic and Atmospheric
DEPARTMENT OF TRANSPORTATION Administration
published March 21, 2017 (82 FR
National Highway Traffic Safety 14477). The effective date was further
extended until June 5, 2017, in a final 50 CFR Part 217
Administration
rule published May 22, 2017 (82 FR [Docket No. 160830798–7517–02]
49 CFR Parts 571 and 585 23150). Consistent with the
RIN 0648–BG32
memorandum of the Assistant to the
[Docket No. NHTSA–2016–0125] President and Chief of Staff, and as Taking and Importing Marine
RIN 2126–AK93 stated in the February 6, 2017, final rule Mammals; Taking Marine Mammals
delaying the effective date, the Agency Incidental to Waterfront Construction
Federal Motor Vehicle Safety further delays the effective date of this
Standards; Minimum Sound regulation until September 5, 2017. AGENCY: National Marine Fisheries
Requirements for Hybrid and Electric This delay of the effective date of the Service (NMFS), National Oceanic and
Vehicles final rule is also based on the need to Atmospheric Administration (NOAA),
allow additional time to respond to Commerce.
AGENCY: National Highway Traffic several petitions for reconsideration ACTION: Final rule.
Safety Administration (NHTSA), filed in response to the final rule. These
Department of Transportation (DOT). responses will provide regulated entities SUMMARY: NMFS, upon request from the
ACTION: Final rule; delay of effective with greater certainty as to the U.S. Navy (Navy), issues these
date. requirements of the Minimum Sound regulations pursuant to the Marine
Requirements for Hybrid and Electric Mammal Protection Act (MMPA) to
SUMMARY: In accordance with the Vehicles final rule prior to the rule govern the taking of marine mammals
Presidential directive as expressed in coming into effect. Delaying the incidental to conducting waterfront
the memorandum of January 20, 2017, effective date of the final rule to allow construction at Naval Submarine Base
from the Assistant to the President and additional time to respond to these Kings Bay, GA, over the course of five
Chief of Staff, entitled ‘‘Regulatory petitions for reconsideration is prudent years (2017–2022). These regulations,
Freeze Pending Review,’’ this action in this instance because the petitions which allow for the issuance of Letters
temporarily delays until September 5, concern topics such as the date by of Authorization (LOA) for the
2017, the effective date of the final rule which manufacturers are required to incidental take of marine mammals
titled ‘‘Federal Motor Vehicle Safety comply with the rule’s requirements during the described activities and
Standards; Minimum Sound and the stringency of the requirements specified timeframes, prescribe the
Requirements for Hybrid and Electric themselves, both of which impact permissible methods of taking and other
Vehicles,’’ initially scheduled to become manufacturers’ compliance plans. means of effecting the least practicable
effective on February 13, 2017. The Agency’s implementation of this adverse impact on marine mammal
DATES: The effective date of the final action without opportunity for public species or stocks and their habitat, and
rule published on December 14, 2016 comment is based on the good cause establish requirements pertaining to the
(81 FR 90416), is delayed until exceptions in 5 U.S.C. 553(b)(B) and monitoring and reporting of such taking.
pmangrum on DSK3GDR082PROD with RULES
September 5, 2017. The initial 553(d)(3), in that seeking public DATES: Effective from July 12, 2017,
compliance date is September 1, 2018, comment is impracticable, unnecessary through July 11, 2022.
with full phase in by September 1, 2019. and contrary to the public interest. The ADDRESSES: A copy of Navy’s
FOR FURTHER INFORMATION CONTACT: For delay in the effective date until application and supporting documents,
legal issues, contact Thomas Healy, September 5, 2017, is necessary to as well as a list of the references cited
Office of Chief Counsel, at (202) 366– provide the opportunity for further in this document, may be obtained
2992. For non-legal issues, contact Mike review and consideration of this new online at: www.nmfs.noaa.gov/pr/
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Document Created: 2017-06-07 02:00:51
Document Modified: 2017-06-07 02:00:51
| 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; stay of regulations. | |
| Dates | Effective June 2, 2017, 49 CFR part 270 is stayed until December 4, 2017. | |
| Contact | Matthew Navarrete, Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel; telephone: 202-493-0138; email: [email protected] | |
| FR Citation | 82 FR 26359 | |
| RIN Number | 2130-AC31 |
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