82 FR 31396 - Promoting Energy Independence and Economic Growth; Request for Information

DEPARTMENT OF THE TREASURY

Federal Register Volume 82, Issue 128 (July 6, 2017)

Page Range		31396-31397
FR Document		2017-14100

Through this request for information, the Department of the Treasury is soliciting input from the public on implementation and compliance with Executive Order 13783, Promoting Energy Independence and Economic Growth.

Federal Register, Volume 82 Issue 128 (Thursday, July 6, 2017)

[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Notices]
[Pages 31396-31397]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14100]


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DEPARTMENT OF THE TREASURY


Promoting Energy Independence and Economic Growth; Request for 
Information

AGENCY: Department of the Treasury.

ACTION: Request for information.

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SUMMARY: Through this request for information, the Department of the 
Treasury is soliciting input from the public on implementation and 
compliance with Executive Order 13783, Promoting Energy Independence 
and Economic Growth.

DATES: Comment due date: July 14, 2017.

ADDRESSES: Interested persons are invited to submit comments in 
response to this notice according to the instructions below. All 
submissions must refer to the document title. Treasury encourages the 
early submission of comments.
    Electronic Submission of Comments. Interested persons must submit 
comments electronically through the Federal eRulemaking Portal at 
http://www.regulations.gov. Electronic submission of comments allows 
the commenter maximum time to prepare and submit a comment, ensures 
timely receipt, and enables the Department to make comments available 
to the public. Comments submitted electronically through the http://www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.
    Public Inspection of Comments. In general, all properly submitted 
comments will be available for inspection and downloading at http://www.regulations.gov.
    Additional Instructions. In general, comments received, including 
attachments and other supporting materials, are part of the public 
record and are made available to the public. Do not enclose any 
information in your comment or supporting materials that you consider 
confidential or inappropriate for public disclosure.

[[Page 31397]]


FOR FURTHER INFORMATION CONTACT: Heidi Cohen, Office of the General 
Counsel at 202-622-1142.

SUPPLEMENTARY INFORMATION: Executive Order 13783, published on March 
28, 2017, states that it is in the national interest to promote clean 
and safe development of energy resources, while at the same time 
avoiding regulatory burdens that unnecessarily encumber energy 
production, constrain economic growth, and prevent job creation. 
Section 2 of the Order requires the head of each executive department 
and agency to review all of the agency's existing regulations, orders, 
guidance documents, policies, and any other similar agency actions that 
potentially burden the development or use of domestically produced 
energy resources, with particular attention to oil, natural gas, coal, 
and nuclear energy resources.
    The Department of the Treasury, pursuant to Executive Order 13783, 
is undertaking a review of its regulatory, subregulatory, and other 
policy documents that could potentially burden the safe, efficient 
development of domestic energy resources. To assist in this effort, the 
Department invites members of the public to submit views or 
recommendations on those items, including regulations, forms, policies, 
orders, and related documents, the removal or modification of which 
could reduce burdens as outlined in the Executive Order. Comments 
should include specific references to form numbers, citations, or other 
identifiers and should include a description of the burden imposed and 
how it could best be addressed (e.g., through repeal, modification, 
streamlining efforts, regulatory flexibilities, etc.).
    The Department advises that this notice and request for comments is 
issued for information and policy development purposes. Although the 
Department encourages responses to this notice, such comments do not 
bind the Department to take any further actions related to the 
submission.

    Dated: June 27, 2017.
Brian Callanan,
Acting General Counsel.
[FR Doc. 2017-14100 Filed 7-5-17; 8:45 am]
 BILLING CODE 4810-25-P

31396 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices

to the permit holders, it discriminates generated by its hazardous materials PHMSA’s Chief Counsel on the petition
against interstate commerce. registration program. Therefore, without for reconsideration will be PHMSA’s
Furthermore, there is no evidence that any evidence from FDNY on how it uses final action. 49 CFR 107.211(d).
a more finely graduated fee would pose the permit fees that it collects, PHMSA Issued in Washington, DC, on June 29,
genuine administrative burdens on the cannot find that the fees are used for 2017.
City. PHMSA therefore finds that the purposes related to hazardous materials Vasiliki Tsaganos,
FDNY’s permit fee is not fair and is transportation, and thus, FDNY’s permit
Acting Chief Counsel.
preempted. fee is preempted under the ‘‘used for’’
[FR Doc. 2017–14147 Filed 7–5–17; 8:45 am]
test.
2. The ‘‘Used For’’ Test BILLING CODE 4910–60–P
Under the HMTA, a State, political III. Ruling
subdivision of a State, or Indian tribe Inspection and Permit Requirement—
may impose a fee related to transporting PHMSA finds that FDNY’s permit and
hazardous material, but only if the fee inspection requirements, FC 2707.4 and DEPARTMENT OF THE TREASURY
is used for a purpose related to 105.6 (transportation of hazardous Promoting Energy Independence and
transporting hazardous material, materials), create an obstacle to Economic Growth; Request for
including enforcement and planning, accomplishing and carrying out the Information
developing, and maintaining a HMR’s prohibition against unnecessary
capability for emergency response. 49 delays in the transportation of AGENCY: Department of the Treasury.
U.S.C. 5125(f)(1). Therefore, non- hazardous materials on vehicles based ACTION: Request for information.
Federal fees that are collected in outside of the inspecting jurisdiction.
relation to the transportation of Accordingly, the HMTA preempts SUMMARY: Through this request for
hazardous materials must be used for a FDNY’s permit and inspection information, the Department of the
related purpose; otherwise they are requirements with respect to vehicles Treasury is soliciting input from the
preempted. PD–22, New Mexico based outside the inspecting public on implementation and
Requirements for the Transportation of jurisdiction. PHMSA, however, finds compliance with Executive Order
Liquefied Petroleum Gas, 67 FR 59386 that the HMTA does not preempt 13783, Promoting Energy Independence
(Sept. 20, 2002); PD–18 at 81959; PD–21 FDNY’s permit and inspection and Economic Growth.
at 54479. requirements with respect to motor DATES: Comment due date: July 14,
In prior preemption determinations, vehicles that are based within the 2017.
PHMSA has acknowledged that a State, inspecting jurisdiction.
political subdivision of a State, or Permit Fee—PHMSA finds that FDNY ADDRESSES: Interested persons are
Indian tribe does not have to create and has not shown that the fee it imposes invited to submit comments in response
maintain a separate account for fees with respect to its permit and inspection to this notice according to the
related to the transportation of requirements is ‘‘fair’’ or ‘‘used for a instructions below. All submissions
hazardous materials. However, ‘‘[i]f the purpose related to transporting must refer to the document title.
[non-Federal entity] prefers not to create hazardous material,’’ as required by 49 Treasury encourages the early
and maintain a separate fund for fees U.S.C. 5125(f)(1). Accordingly, the submission of comments.
paid . . . then it must show that it is HMTA preempts FDNY’s permit fee Electronic Submission of Comments.
actually spending these fees on the requirement. Interested persons must submit
purposes permitted by the law. In this comments electronically through the
area where only the [non-Federal entity] IV. Petition for Reconsideration/ Federal eRulemaking Portal at http://
has the information concerning where Judicial Review www.regulations.gov. Electronic
these funds are spent, more specific In accordance with 49 CFR submission of comments allows the
accounting is required.’’ PD–21 at 107.211(a), any person aggrieved by this commenter maximum time to prepare
54479. decision may file a petition for and submit a comment, ensures timely
FDNY acknowledged that the revenue reconsideration within 20 days of receipt, and enables the Department to
it receives through its permit program is publication of this decision in the make comments available to the public.
put into a general City fund; which is Federal Register. A petition for judicial Comments submitted electronically
permissible, provided it can show the review of a final preemption through the http://www.regulations.gov
funds are used for purposes related to determination must be filed in the Web site can be viewed by other
the transportation of hazardous United States Court of Appeals for the commenters and interested members of
materials. FDNY believes that the District of Columbia or in the Court of the public. Commenters should follow
revenue is used for permitted purposes Appeals for the United States for the the instructions provided on that site to
because it contributes to the cost of circuit in which the petitioner resides or submit comments electronically.
staffing, training, and equipping its has its principal place of business, Public Inspection of Comments. In
HCU. However, FDNY also indicated within 60 days after the determination general, all properly submitted
that the inspection fee largely covers the becomes final. 49 U.S.C. 5127(a). comments will be available for
cost of the inspection and the This decision will become PHMSA’s inspection and downloading at http://
administrative processing of the permit. final decision 20 days after publication www.regulations.gov.
Here, apart from general statements in the Federal Register if no petition for Additional Instructions. In general,
about how the revenue is used, FDNY comments received, including
sradovich on DSK3GMQ082PROD with NOTICES

reconsideration is filed within that time.
does not provide specific figures. The filing of a petition for attachments and other supporting
FDNY’s failure to provide definitive reconsideration is not a prerequisite to materials, are part of the public record
information on the allocation of permit seeking judicial review of this decision and are made available to the public. Do
revenues is not sufficient to refute under 49 U.S.C. 5127(a). not enclose any information in your
ATA’s direct challenge of the permit fee If a petition for reconsideration is comment or supporting materials that
on the grounds that FDNY has not filed within 20 days of publication in you consider confidential or
sufficiently accounted for revenues the Federal Register, the action by inappropriate for public disclosure.

VerDate Sep<11>2014 18:13 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

$Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31397 FOR FURTHER INFORMATION CONTACT: domestically produced energy numbers, citations, or other identifiers Heidi Cohen, Office of the General resources, with particular attention to and should include a description of the Counsel at 202–622–1142. oil, natural gas, coal, and nuclear energy burden imposed and how it could best resources. be addressed (e.g., through repeal, SUPPLEMENTARY INFORMATION: Executive The Department of the Treasury, modification, streamlining efforts, Order 13783, published on March 28, pursuant to Executive Order 13783, is regulatory flexibilities, etc.). 2017, states that it is in the national undertaking a review of its regulatory, The Department advises that this interest to promote clean and safe subregulatory, and other policy notice and request for comments is development of energy resources, while documents that could potentially issued for information and policy at the same time avoiding regulatory burden the safe, efficient development development purposes. Although the burdens that unnecessarily encumber of domestic energy resources. To assist Department encourages responses to energy production, constrain economic in this effort, the Department invites this notice, such comments do not bind growth, and prevent job creation. members of the public to submit views the Department to take any further Section 2 of the Order requires the head or recommendations on those items, actions related to the submission. of each executive department and including regulations, forms, policies, agency to review all of the agency’s orders, and related documents, the Dated: June 27, 2017. existing regulations, orders, guidance removal or modification of which could Brian Callanan, documents, policies, and any other reduce burdens as outlined in the Acting General Counsel. similar agency actions that potentially Executive Order. Comments should [FR Doc. 2017–14100 Filed 7–5–17; 8:45 am] burden the development or use of include specific references to form BILLING CODE 4810–25–P sradovich on DSK3GMQ082PROD with NOTICES VerDate Sep<11>2014 18:13 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00115 Fmt 4703 Sfmt 9990 E:\FR\FM\06JYN1.SGM 06JYN1$

Document Created: 2017-07-06 01:05:14
Document Modified: 2017-07-06 01:05:14

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		Notices
Action		Request for information.
Dates		Comment due date: July 14, 2017.
Contact		Heidi Cohen, Office of the General Counsel at 202-622-1142.
FR Citation		82 FR 31396