82 FR 2915 - Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 6 (January 10, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 6 (January 10, 2017)
| Page Range | 2915-2916 | |
| FR Document | 2016-31784 |
[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)] [Rules and Regulations] [Pages 2915-2916] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31784] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 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; correction. ----------------------------------------------------------------------- SUMMARY: FMCSA is correcting a final rule that appeared in the Federal Register of December 8, 2016 (81 FR 88732), regarding the establishment of new minimum training standards for certain individuals applying for their commercial driver's license (CDL) for the first time; an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL); or a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time. DATES: The effective date of this correction is February 6, 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: The FMCSA makes minor corrections to fix errors in the final rule published on December 8, 2016. In instruction 10, amending Sec. 383.73, the Agency corrects ``(b)(10)'' to read ``(b)(11)'' in both the instruction and associated regulatory [[Page 2916]] text. Additionally in Sec. 383.73, FMCSA changes paragraph ``(e)(8)'' to read ``(e)(9)'' in both the instruction and associated regulatory text. In instruction 13, amending Part 383, the Agency changes ``Sec. 384.235'' to read ``Sec. 384.236.'' These changes are required because as written, the instruction and associated regulatory text would have deleted the recent changes published in the Federal Register on December 5, 2016, in the final rule titled ``Commercial Driver's License Drug and Alcohol Clearinghouse'' (Clearinghouse) (81 FR 87686, RIN 2126-AB18, Docket No. FMCSA-2011-0031). FMCSA makes these corrections in this document to ensure the original language in the Clearinghouse final rule remains in effect. 0 Therefore, in FR Doc. 2016-28012 appearing on page 88803 in the Federal Register of December 8, 2016, the following corrections are made: Sec. 383.73 [Corrected] 0 1. On page 88803, in the first column, in Part 383, amendatory instruction 10 is corrected to read as follows: ``10. Amend Sec. 383.73 by revising paragraph (b)(3) introductory text and paragraph (b)(3)(ii) and by adding paragraphs (b)(11), (e)(9), and (p) to read as follows:'' The corrected paragraphs (b)(11) and (e)(9) read as follows'' Sec. 383.73 State procedures. * * * * * (b) * * * (11) Beginning on February 7, 2020, not conduct a skills test of an applicant for a Class A or Class B CDL, or a passenger (P) or school bus (S) endorsement until the State verifies electronically that the applicant completed the training prescribed in subpart F of part 380 of this subchapter. * * * * * (e) * * * (9) Beginning on February 7, 2020, not issue an upgrade to a Class A or Class B CDL, or a passenger (P), school bus (S), or hazardous materials (H) endorsement, unless the applicant has completed the training required by subpart F of part 380 of this subchapter. Sec. 384.235 [Corrected] 0 2. On page 88803, in the third column, in Part 384, amendatory instruction 13 is corrected to read as follows: ``13. Add Sec. 384.236 to subpart B to read as follows:'' The corrected section reads as follows: Sec. 384.236 Entry-level driver training provider notification. The State must meet the entry-level driver training provider notification requirement of Sec. 383.73(p) of this chapter. Issued under authority delegated in 49 CFR 1.87 on: December 27, 2016. Larry W. Minor, Associate Administrator of Policy. [FR Doc. 2016-31784 Filed 1-9-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations 2915
E. APD Posting and Processing additional information necessary to complete unable to file these documents electronically.
1. Posting the APD, or the APD may be returned to the In the request, the operator must explain the
operator. reason(s) that prevent its use of the electronic
The BLM and the Federal Surface b. Within 30 days after the operator has system, plans for complying with the
Managing Agency, if other than the BLM, submitted a complete application, including electronic submission requirement, and a
must provide at least 30 days public notice incorporating any changes that resulted from timeframe for compliance. If the request
before the BLM may approve an APD or the onsite inspection, the BLM will: applies to a particular set of APDs or Notices
Master Development Plan on a Federal oil 1. Approve the application, subject to of Staking, then the request must identify the
and gas lease. Posting is not required for an reasonable Conditions of Approval, if the APDs or Notices of Staking to which the
APD for an Indian oil and gas lease or appropriate requirements of the NEPA, waiver applies. The waiver request is subject
agreement. The BLM will post information National Historic Preservation Act, to BLM approval. If the request does not
about the APD or Notice of Staking for Endangered Species Act, and other specify a particular set of APDs or Notices of
Federal oil and gas leases to the Internet and applicable law have been met and, if on NFS Staking, then the waiver will apply to all
in an area of the BLM Field Office having lands, the FS has approved the Surface Use submissions made by the operator during the
jurisdiction that is readily accessible to the Plan of Operations; compliance timeframe included as part of the
public. Posting to the Internet under this 2. Notify the operator that it is deferring BLM’s waiver approval. The BLM will not
provision will not be required until after action on the permit; or consider an APD or Notice of Staking that the
March 13, 2017. If the surface is managed by 3. Deny the permit if it cannot be approved operator did not submit through the
a Federal agency other than the BLM, that and the BLM cannot identify any actions that electronic system, unless the BLM approves
agency also is required to post the notice for the operator could take that would enable the a waiver.
at least 30 days. This would include the BIA BLM to issue the permit or the FS to approve
where the surface is held in trust but the [FR Doc. 2016–31752 Filed 1–9–17; 8:45 am]
the Surface Use Plan of Operations, if
mineral estate is federally owned. The applicable. BILLING CODE 4310–84–P
posting is for informational purposes only c. The notice of deferral in paragraph (b)(2)
and is not an appealable decision. The of this section must specify:
purpose of the posting is to give any 1. Any action the operator could take that
interested party notification that a Federal DEPARTMENT OF TRANSPORTATION
would enable the BLM (in consultation with
approval of mineral operations has been the FS if applicable) to issue a final decision
requested. The BLM or the FS will not post Federal Motor Carrier Safety
on the application. The FS will notify the Administration
confidential information. applicant of any action the applicant could
Reposting of the proposal may be necessary take that would enable the FS to issue a final
if the posted location of the proposed well is: decision on the Surface Use Plan of 49 CFR Parts 383 and 384
a. Moved to a different quarter-quarter Operations on NFS lands. Actions may
section; [FMCSA–2007–27748]
include, but are not limited to, assistance
b. Moved more than 660 feet for lands that
with: RIN 2126–AB66
are not covered by a Public Land Survey; or
(A) Data gathering; and
c. If the BLM or the FS determine that the
(B) Preparing analyses and documents. Minimum Training Requirements for
move is substantial.
2. If applicable, a list of actions that the Entry-Level Commercial Motor Vehicle
2. Processing BLM or the FS need to take before making Operators
The timeframes established in this a final decision on the application, including
subsection apply to both individual APDs appropriate analysis under NEPA or other AGENCY: Federal Motor Carrier Safety
and to the multiple APDs included in Master applicable law and a schedule for completing Administration (FMCSA), DOT.
Development Plans and to leases of Indian these actions. ACTION: Final rule; correction.
minerals as well as leases of Federal d. The operator has 2 years from the date
minerals. of the notice under paragraph (c)(1) of this SUMMARY: FMCSA is correcting a final
If there is enough information to begin section to take the action specified in the
rule that appeared in the Federal
processing the application, the BLM (and the notice. If the appropriate analyses required
FS if applicable) will process it up to the by NEPA, National Historic Preservation Act, Register of December 8, 2016 (81 FR
point that missing information or Endangered Species Act, and other 88732), regarding the establishment of
uncorrected deficiencies render further applicable laws have been completed, the new minimum training standards for
processing impractical or impossible. BLM (and the FS if applicable), will make a certain individuals applying for their
a. Within 10 days of receiving an decision on the permit and the Surface Use commercial driver’s license (CDL) for
application, the BLM (in consultation with Plan of Operations within 10 days of the first time; an upgrade of their CDL
the FS if the application concerns NFS lands) receiving a report from the operator (e.g., a Class B CDL holder seeking a
will notify the operator as to whether or not addressing all of the issues or actions Class A CDL); or a hazardous materials
the application is complete. The BLM will specified in the notice under paragraph (c)(1)
(H), passenger (P), or school bus (S)
request additional information and correction of this section and certifying that all required
of any material submitted, if necessary, in the actions have been taken. If the operator has endorsement for the first time.
10-day notification. If an onsite inspection not completed the actions specified in the DATES: The effective date of this
has not been performed, the applicant will be notice within 2 years from the operator’s correction is February 6, 2017.
notified that the application is not complete. receipt of the paragraph (c)(1) notice, the FOR FURTHER INFORMATION CONTACT: Mr.
Within 10 days of receiving the application, BLM will deny the permit.
Richard Clemente, Driver and Carrier
the BLM, in coordination with the operator e. For APDs on NFS lands, the decision to
and Surface Managing Agency, including the approve a Surface Use Plan of Operations or Operations (MC–PSD) Division,
private surface owner in the case of split Master Development Plan may be subject to FMCSA, 1200 New Jersey Ave SE.,
estate minerals, will schedule a date for the FS appeal procedures. The BLM cannot Washington, DC 20590–0001, by
onsite inspection (unless the onsite approve an APD until the appeal of the telephone at 202–366–4325, or by email
inspection has already been conducted as Surface Use Plan of Operations is resolved. at MCPSD@dot.gov.
pmangrum on DSK3GDR082PROD with RULES
part of a Notice of Staking). The onsite * * * * * SUPPLEMENTARY INFORMATION: The
inspection will be held as soon as practicable
I. Waiver From Electronic Submission FMCSA makes minor corrections to fix
based on participants’ schedules and weather
conditions. The operator will be notified at Requirements errors in the final rule published on
the onsite inspection of any additional The operator may request a waiver from December 8, 2016. In instruction 10,
deficiencies that are discovered during the the electronic submission requirement for an amending § 383.73, the Agency corrects
inspection. The operator has 45 days after APD or Notice of Staking if compliance ‘‘(b)(10)’’ to read ‘‘(b)(11)’’ in both the
receiving notice from the BLM to provide any would cause hardship or the operator is instruction and associated regulatory
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![2916 Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations
text. Additionally in § 383.73, FMCSA § 384.236 Entry-level driver training Comments must be received at the
changes paragraph ‘‘(e)(8)’’ to read provider notification. following address no later than 4:30
‘‘(e)(9)’’ in both the instruction and The State must meet the entry-level p.m., A.l.t., January 25, 2017.
associated regulatory text. In instruction driver training provider notification ADDRESSES: You may submit comments
13, amending Part 383, the Agency requirement of § 383.73(p) of this on this document, identified by NOAA–
changes ‘‘§ 384.235’’ to read chapter. NMFS–2015–0118, by any of the
‘‘§ 384.236.’’ These changes are required Issued under authority delegated in 49 CFR following methods:
because as written, the instruction and 1.87 on: December 27, 2016. • Electronic Submission: Submit all
associated regulatory text would have Larry W. Minor, electronic public comments via the
deleted the recent changes published in Associate Administrator of Policy. Federal e-Rulemaking Portal. Go to
the Federal Register on December 5, www.regulations.gov/
[FR Doc. 2016–31784 Filed 1–9–17; 8:45 am]
2016, in the final rule titled #!docketDetail;D=NOAA-NMFS-2015-
BILLING CODE 4910–EX–P
‘‘Commercial Driver’s License Drug and 0118, click the ‘‘Comment Now!’’ icon,
Alcohol Clearinghouse’’ (Clearinghouse) complete the required fields, and enter
(81 FR 87686, RIN 2126–AB18, Docket or attach your comments.
No. FMCSA–2011–0031). FMCSA DEPARTMENT OF COMMERCE • Mail: Submit written comments to
makes these corrections in this Glenn Merrill, Assistant Regional
document to ensure the original National Oceanic and Atmospheric Administrator, Sustainable Fisheries
language in the Clearinghouse final rule Administration Division, Alaska Region NMFS, Attn:
remains in effect. Ellen Sebastian. Mail comments to P.O.
50 CFR Part 679 Box 21668, Juneau, AK 99802–1668.
■ Therefore, in FR Doc. 2016–28012 Instructions: Comments sent by any
appearing on page 88803 in the Federal [Docket No. 150916863–6211–02] other method, to any other address or
Register of December 8, 2016, the individual, or received after the end of
following corrections are made: RIN 0648–XF108 the comment period, may not be
§ 383.73 [Corrected] considered by NMFS. All comments
Fisheries of the Exclusive Economic
received are a part of the public record
■ 1. On page 88803, in the first column, Zone Off Alaska; Inseason Adjustment
and will generally be posted for public
in Part 383, amendatory instruction 10 to the 2017 Bering Sea and Aleutian
viewing on www.regulations.gov
is corrected to read as follows: Islands Pollock, Atka Mackerel, and
without change. All personal identifying
Pacific Cod Total Allowable Catch
‘‘10. Amend § 383.73 by revising paragraph information (e.g., name, address),
(b)(3) introductory text and paragraph Amounts
confidential business information, or
(b)(3)(ii) and by adding paragraphs (b)(11), AGENCY: National Marine Fisheries otherwise sensitive information
(e)(9), and (p) to read as follows:’’ submitted voluntarily by the sender will
Service (NMFS), National Oceanic and
The corrected paragraphs (b)(11) and Atmospheric Administration (NOAA), be publicly accessible. NMFS will
(e)(9) read as follows’’ Commerce. accept anonymous comments (enter ‘‘N/
ACTION: Temporary rule; inseason A’’ in the required fields if you wish to
§ 383.73 State procedures. adjustment; request for comments. remain anonymous).
* * * * * FOR FURTHER INFORMATION CONTACT:
SUMMARY: NMFS is adjusting the 2017 Mary Furuness, 907–586–7228.
(b) * * *
total allowable catch (TAC) amounts for SUPPLEMENTARY INFORMATION: NMFS
(11) Beginning on February 7, 2020, the Bering Sea and Aleutian Islands manages the groundfish fishery in the
not conduct a skills test of an applicant (BSAI) pollock, Atka mackerel, and BSAI exclusive economic zone
for a Class A or Class B CDL, or a Pacific cod fisheries. This action is according to the Fishery Management
passenger (P) or school bus (S) necessary because NMFS has Plan for Groundfish of the Bering Sea
endorsement until the State verifies determined these TACs are incorrectly and Aleutian Islands Management Area
electronically that the applicant specified, and will ensure the BSAI (FMP) prepared by the North Pacific
completed the training prescribed in pollock, Atka mackerel, and Pacific cod Fishery Management Council under
subpart F of part 380 of this subchapter. TACs are the appropriate amounts based authority of the Magnuson-Stevens
* * * * * on the best available scientific Fishery Conservation and Management
(e) * * * information. Also, NMFS is announcing Act. Regulations governing fishing by
the Aleutian Islands Catcher Vessel (CV) U.S. vessels in accordance with the FMP
(9) Beginning on February 7, 2020, not Harvest Set-Aside and Bering Sea Trawl
issue an upgrade to a Class A or Class appear at subpart H of 50 CFR part 600
CV A-Season Sector Limitation will not and 50 CFR part 679.
B CDL, or a passenger (P), school bus be in effect for 2017, and TACs in this
(S), or hazardous materials (H) The final 2016 and 2017 harvest
inseason adjustment will apply for specifications for groundfish in the
endorsement, unless the applicant has 2017. This action is consistent with the
completed the training required by BSAI (81 FR 14773, March 18, 2016) set
goals and objectives of the Fishery the 2017 Aleutian Island (AI) pollock
subpart F of part 380 of this subchapter. Management Plan for Groundfish of the TAC at 19,000 metric tons (mt), the 2017
§ 384.235 [Corrected] Bering Sea and Aleutian Islands Bering Sea (BS) pollock TAC at
Management Area. 1,340,643 mt, the 2017 BSAI Atka
pmangrum on DSK3GDR082PROD with RULES
■ 2. On page 88803, in the third column,
DATES: Effective 1200 hours, Alaska mackerel TAC at 55,000 mt, the 2017 BS
in Part 384, amendatory instruction 13
local time (A.l.t.), January 9, 2017, until Pacific cod TAC at 238,680 mt, and the
is corrected to read as follows:
the effective date of the final 2017 and AI Pacific cod TAC at 12,839 mt. Also
‘‘13. Add § 384.236 to subpart B to read as 2018 harvest specifications for BSAI set was an AI pollock ABC of 36,664
follows:’’ groundfish, unless otherwise modified and a Western Aleutian Island limit for
The corrected section reads as or superseded through publication of a Pacific cod at 26.3 percent of the AI
follows: notification in the Federal Register. Pacific cod TAC. In December 2016, the
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Document Created: 2018-02-01 14:53:46
Document Modified: 2018-02-01 14:53:46
| 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; correction. | |
| Dates | The effective date of this correction is February 6, 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 2915 | |
| RIN Number | 2126-AB66 | |
| CFR Citation | 49
CFR
383 49 CFR 384 |
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