82 FR 36719 - Rulemaking Procedures Update
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 150 (August 7, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 150 (August 7, 2017)
| Page Range | 36719-36724 | |
| FR Document | 2017-16452 |
[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)] [Proposed Rules] [Pages 36719-36724] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16452] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 389 [Docket No. FMCSA-2016-0341] RIN 2126-AB96 Rulemaking Procedures Update AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: FMCSA proposes to amend its rulemaking procedures by revising the process for preparing and adopting rules, petitions, and direct final rules. Also, the Agency adds new definitions, and makes general administrative corrections throughout its rulemaking procedures. These proposed actions are authorized under the Fixing America's Surface Transportation (FAST) Act and the Administrative Procedure Act (APA). DATES: Comments on this document must be received on or before October 6, 2017. ADDRESSES: You may submit comments identified by Docket Number FMCSA- 2016-0341 using any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: 202-493-2251. To avoid duplication, please use only one of these four methods. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Mr. Bivan R. Patnaik, Chief, Regulatory Development Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 or by telephone at 202-366-8092 or [email protected]. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: This NPRM is organized as follows: I. Public Participation and Request for Comments A. Submitting Comments B. Viewing Comments and Documents C. Privacy Act D. Waiver of Advance Notice of Proposed Rulemaking II. Legal Basis for the Rulemaking III. Discussion of Proposed Rulemaking IV. International Impacts V. Section-by-Section Analysis VI. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563) B. Regulatory Flexibility Act (Small Entities) C. Assistance for Small Entities D. Unfunded Mandates Reform Act of 1995 E. Paperwork Reduction Act (Collection of Information) F. E.O. 13132 (Federalism) G. E.O. 12988 (Civil Justice Reform) H. E.O. 13045 (Protection of Children) I. E.O. 12630 (Taking of Private Property) J. Privacy K. E.O. 12372 (Intergovermental Review) L. E.O. 13211 (Energy Supply, Distribution, or Use) M. E.O. 13175 (Indian Tribal Governments) N. National Technology Transfer and Advancement Act (Technical Standards) O. Environment (NEPA, CAA, Environmental Justice) I. Public Participation and Request for Comments A. Submitting Comments If you submit a comment, please include the docket number for this NPRM (Docket No. FMCSA-2016-0341), indicate the specific section of this document to which each section of your comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, put the docket number, FMCSA-2016-0341, in the keyword box, and click ``Search.'' When the new screen appears, click on the ``Comment Now!'' button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. [[Page 36720]] B. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2016-0341, in the keyword box, and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. C. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. D. Waiver of Advance Notice of Proposed Rulemaking Under section 5202 of the FAST Act (Pub. L. 114-94, 129 Stat. 1312, 1534, December 4, 2015; 49 U.S.C. 31136(g)), if a proposed rule regarding commercial motor vehicle safety is likely to lead to the promulgation of a major rule, FMCSA is required to publish an advance notice of proposed rulemaking (ANPRM), or proceed with a negotiated rulemaking, unless the Agency finds good cause that both would be impracticable, unnecessary, or contrary to the public interest. As today's NPRM is not proposing any requirements regarding commercial motor vehicle safety and would not lead to promulgation of a major rule, FMCSA finds that publication of an ANPRM or proceeding with a negotiated rulemaking are unnecessary and contrary to the public interest in this case. II. Legal Basis for the Rulemaking The FAST Act requires FMCSA to address its rulemaking and petitions procedures. Specifically, section 5202 provides requirements for the Agency to follow regarding the development of proposed rulemakings [49 U.S.C. 31136(f)-(h)]. Section 5204 also directs the Agency to be more transparent to the public regarding how FMCSA prioritizes and defines petitions. The APA (5 U.S.C. 551-706) established procedures for all Federal agencies to use in developing rules and regulations. It also established the standards that allow the public to participate in a rulemaking as well as the opportunity to petition the Federal government for the issuance, amendment, or repeal or a rule. The APA authorizes those proposed changes to Part 389, beyond what is required by the FAST Act. III. Discussion of Proposed Rulemaking FMCSA proposes several changes to the regulatory procedural requirements found in 49 CFR part 389. These changes fall into the three general categories outlined below, and are explained in further detail in the section-by-section analysis. A. Advance Rulemaking Procedures Required FMCSA proposes new rulemaking provisions required by the FAST Act where the Agency must consider undertaking a negotiated rulemaking or an ANPRM for all major rules regarding commercial motor vehicle safety. However, the FAST Act allows the Administrator to waive this requirement in instances where those tools would be impracticable, unnecessary, or contrary to the public interest. Additionally, the NPRM proposes a definition of a ``major rule'' as defined in the Congressional Review Act (5 U.S.C. 801). FMCSA would use this definition to determine whether an ANPRM or negotiated rulemaking process is necessary. B. Definition and Processing of a Petition Under the current FMSA regulations (49 CFR part 389) for submitting petitions, there is no regulatory definition of a petition. However, section 5204 of the FAST Act clearly defines the term ``petition.'' It includes requests for: A new regulation; a regulatory interpretation or clarification; or a determination by FMCSA that a regulation should be modified or eliminated for one of several enumerated reasons prescribed in section 5204. FMCSA proposes to include this definition in part 389. Additionally, under this proposal, part 389 would be revised to include a new process for filing and addressing petitions. These changes are being proposed in order to clarify FMCSA's procedures for rulemaking, and to make editorial changes. Finally, FMCSA proposes to define what ``written or in writing'' means to include electronic documentation. C. Direct Final Rulemaking Procedures Under FMCSA's current direct final rulemaking (DFR) procedures, if the Agency receives a notice of intent (NOI) to file an adverse comment, the DFR will be withdrawn, even if the comment that is eventually filed does not meet the definition of an adverse comment found in 49 CFR 389.39(b). FMCSA proposes to change this requirement. Upon receiving an NOI to file an adverse comment, the Agency would extend the comment period rather than withdraw the DFR, allowing the commenter additional time to file. Once FMCSA receives the comment, the Agency would determine whether it is adverse. If it is an adverse comment, FMCSA would withdraw the DFR; however, if it does not meet the definition in Sec. 389.39(b), the Agency would move forward with the DFR. If the same or another commenter submits an NOI at the end of the extended comment period, FMCSA will determine, on a case-by-case basis, whether to extend the comment period again, withdraw the DFR, or proceed with the DFR using only the comments already received. IV. International Impacts The FMCSRs, and any exceptions to the FMCSRs, apply only within the United States (and, in some cases, United States territories). Motor carriers and drivers are subject to the laws and regulations of the countries that they operate in, unless an international agreement states otherwise. Drivers and carriers should be aware of the regulatory differences amongst nations. V. Section-by-Section Analysis Throughout part 389, FMCSA would change the term ``rule making'' to ``rulemaking'' for consistency. Section 389.3 Definitions FMCSA would add new definitions of ``major rule,'' ``petitions,'' and ``written or in writing'' to Sec. 389.3. Section 389.13 Initiation of Rulemaking In Sec. 389.13, FMCSA would redesignate the existing text into paragraph (a) and would add paragraphs (b)(1) through (b)(3). Proposed paragraph (b) of section 389.13 and its subparagraphs include the advanced public participation requirements from section 5202 of the FAST Act. [[Page 36721]] Section 389.15 Contents of Notices of Proposed Rulemaking The title of Sec. 389.15 is changed by removing the space between ``rule'' and ``making.'' Section 389.21 Submission of Written Comments FMCSA proposes revising Sec. 389.21 to include direction on how comments should be submitted. The Agency would remove the text regarding incorporation by reference, as it is not relevant to the topic of comment submission. FMCSA also proposes renaming the section heading to ``Submission of written comments'' to reflect this change. Section 389.29 Adoption of Final Rules In Sec. 389.29, FMCSA makes minor changes to the text to clarify the procedure followed when the Agency finalizes a rule. Section 389.31 Petitions for Rulemaking In Sec. 389.31(a) the word ``repeal'' would be replaced with ``withdraw'' to more accurately describe the removal of a regulation. In paragraph (b)(1) the word ``duplicate'' would be replaced with ``writing'' to make use of and follow the definition of this term, proposed in Sec. 389.3. This proposed change would also reflect that the Agency no longer requires duplicate submissions. Section 389.39 Direct Final Rulemaking Procedures In Sec. 389.39, FMCSA would remove language regarding the withdrawal of a DFR if the Agency receives an NOI to submit an adverse comment. Upon receipt of an NOI, the Agency would extend the comment period to give the submitter additional time to file the comment. Once submitted, the comment would be reviewed to determine if it is an adverse comment, and proceed according to the results of that analysis (either to withdraw the DFR if the comment is adverse, or to move forward with the DFR if it is not). VI. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563) This NPRM is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and is also not significant within the meaning of DOT regulatory policies and procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR 11034, February 26, 1979) and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. This rule is procedural in nature, primarily impacting FMCSA's process for promulgation of regulations. As a result, there would be no costs associated with this NPRM. B. Regulatory Flexibility Act (Small Entities) The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ``small entities'' comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.\1\ Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these businesses. --------------------------------------------------------------------------- \1\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see National Archives at http://www.archives.gov/federal-register/laws/regulaotry-flexibility/601.html. --------------------------------------------------------------------------- FMCSA does not expect this NPRM to have a significant economic impact on a substantial number of small entities. Consequently, I certify that the action would not have a significant economic impact on a substantial number of small entities. FMCSA invites comment from members of the public who believe there will be a significant impact either on small businesses or on governmental jurisdictions with a population of less than 50,000. C. 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 NPRM so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the NPRM will 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, Mr. Bivan Patnaik, listed in the FOR FURTHER INFORMATION CONTACT section of this NPRM. Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration'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 regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. D. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $156 million (which is the value equivalent of $100,000,000 in 1995, adjusted for inflation to 2015 levels) or more in any one year. As the proposed rule is procedural in nature and is not expected to result in any costs at the societal level, it would likewise not impose costs to State, local, or tribal governments. E. Paperwork Reduction Act (Collection of Information) This NPRM calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). F. E.O. 13132 (Federalism) A rule has implications for Federalism under Section 1(a) of Executive Order 13132 if it has ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' FMCSA has determined that this NPRM would not have substantial direct costs on or for States, nor would it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. Therefore, this NPRM does not have sufficient Federalism implications to warrant the preparation of a Federalism Impact Statement. [[Page 36722]] G. E.O. 12988 (Civil Justice Reform) This NPRM meets applicable standards in sections 3(a) and 3(b) (2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. H. E.O. 13045 (Protection of Children) E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies issuing ``economically significant'' rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation's environmental health and safety effects on children. The Agency determined this NPRM is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, the Agency does not anticipate that this regulatory action would in any respect present an environmental or safety risk that could disproportionately affect children. I. E.O. 12630 (Taking of Private Property) FMCSA reviewed this NPRM in accordance with E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have taking implications. J. Privacy 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 NPRM does not require the collection of personally identifiable information (PII). 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 matching program. The E-Government Act of 2002, Public Law 107-347, 208, 116 Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct PIA for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology would collect, maintain, or disseminate information as a result of this NPRM. As a result, FMCSA has not conducted a privacy impact assessment. K. E.O. 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this NPRM. L. E.O. 13211 (Energy Supply, Distribution, or Use) FMCSA has analyzed this NPRM under E.O. 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 order because it is not a ``significant regulatory action'' likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. M. E.O. 13175 (Indian Tribal Governments) This NPRM does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. N. National Technology Transfer and Advancement Act (Technical Standards) The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) are standards that are developed or adopted by voluntary consensus standards bodies. This NPRM does not use technical standards. Therefore, FMCSA did not consider the use of voluntary consensus standards. O. Environment (NEPA, CAA, Environmental Justice) FMCSA analyzed this rule for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), Appendix 2, paragraph 6.x. The Categorical Exclusion (CE) in paragraph 6.x. addresses regulations implementing procedures for the issuance, amendment, revision and rescission of Federal motor carrier regulations (e.g., the establishment of procedural rules that would provide general guidance on how the agency manages its notice-and-comment rulemaking proceedings, including the handling of petitions for rulemakings, waivers, exemptions, and reconsiderations, and how it manages delegations of authority to carry out certain rulemaking functions.). The content in this rule is covered by this CE and the proposed action would not have any effect on the quality of the environment. The CE determination is available for inspection or copying in the Federal eRulemaking Portal: http://www.regulations.gov. FMCSA also analyzed this 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. Under E.O. 12898, each Federal agency must identify and address, as appropriate, ``disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations'' in the United States, its possessions, and territories. FMCSA evaluated the environmental justice effects of this proposed rule in accordance with the E.O., and has determined that no environmental justice issue is associated with this proposed rule, nor is there any collective environmental impact that would result from its promulgation. List of Subjects in 49 CFR Part 389 Administrative practice and procedure, Highway safety, Motor carriers, Motor vehicle safety. [[Page 36723]] In consideration of the foregoing, FMCSA proposes to amend 49 CFR chapter III, part 389 to read as follows: PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY REGULATIONS 0 1. The authority citation for part 389 is revised to read as follows: Authority: Authority: 49 U.S.C. 113, 501 et seq., subchapters I and III of chapter 311, chapter 313, and 31502; sec. 5204 of Pub. L. 114-94, 129 Stat. 1312. 1536, 42 U.S.C. 4917; and 49 CFR 1.87. 0 2. Amend Sec. 389.3 by adding definitions of Major rule, Petition, and Written or in writing in alphabetical order to read as follows: Sec. 389.3 Definitions. * * * * * Major rule means: (1) Any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in: (i) An annual effect on the economy of $100,000,000 or more; (ii) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (iii) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. (2) The term does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act. Petition means a request for: (1) A new regulation; (2) A regulatory interpretation or clarification; or (3) A determination made by the Administrator that a regulation should be modified or eliminated because it is: (i) No longer: (A) Consistent and clear; (B) Current with the operational realities of the motor carrier industry; or (C) Uniformly enforced. (ii) Ineffective; or (iii) Overly burdensome. Written or in writing means printed, handwritten, typewritten either on paper or other tangible medium, or by any method of electronic documentation such as electronic mail. Sec. 389.7 [Amended] 0 3. Amend Sec. 389.7 by removing the term ``rule making'' and add the term ``rulemaking'' in its place. 0 4. Revise Sec. 389.13 to read as follows: Sec. 389.13 Initiation of rulemaking (a) The Administrator initiates rulemaking on his/her own motion. However, in so doing, he/she may, in his/her discretion, consider the recommendations of his/her staff or other agencies of the United States or of other interested persons. (b) If a proposed rule regarding commercial motor vehicle safety is likely to lead to the promulgation of a major rule, the Administrator, before publishing such proposed rule, shall-- (1) Issue an advance notice of proposed rulemaking that: (i) Identifies the need for a potential regulatory action; (ii) Identifies and requests public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives; (iii) Requests public comment on the available data and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking; and (iv) Requests public comment on available alternatives to regulation; or (2) Proceed with a negotiated rulemaking. (3) This paragraph does not apply to a proposed rule if the Administrator, for good cause, finds (and incorporates the finding and a brief statement of reasons for such finding in the proposed or final rule) that an advance notice of proposed rulemaking is impracticable, unnecessary, or contrary to the public interest. Sec. 389.15 [Amended] 0 5. In Sec. 389.15, paragraph (a), remove the term ``rule making'' and add the term ``rulemaking'' in its place. 0 6. Revise Sec. 389.21 to read as follows: Sec. 389.21 Submission of written comments. (a) You may submit comments identified by the docket number provided in the rulemaking document using any of the following methods. To avoid duplication, please use only one of these four methods. (1) Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. (2) Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. (3) Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. (4) Fax: 202-493-2251. (b) All written comments must be submitted in English and include copies of any material that the commenter refers to within the comment. 0 7. Revise Sec. 389.29 to read as follows: Sec. 389.29 Adoption of final rules. Final rules are prepared by representatives from all relevant offices of FMCSA. The final rule is then submitted to the Administrator for his/her consideration. If the Administrator adopts the rule, and once approved by the Office of the Management and Budget, if necessary, the final rule is published in the Federal Register, unless all persons subject to the final rule are named and personally served with a copy of it. 0 8. Revise Sec. 389.31 to read as follows: Sec. 389.31 Petitions for rulemaking. (a) Any interested person may petition the Administrator to establish, amend, or withdraw a rule. (b) Each petition filed under this section must: (1) Be submitted in writing to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590-0001; (2) Set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitioner seeks to have repealed, as the case may be; (3) Explain the interest of the petitioner in the action requested; (4) Contain any information, data, research studies, and arguments available to the petitioner to support the action sought. 0 9. In Sec. 389.39, redesignate paragraphs (c) and (d) as paragraphs (d) and (e), respectively, add new paragraph (c), and revise newly redesignated paragraphs (d) and (e) to read as follows: Sec. 389.39 Direct final rulemaking procedures. * * * * * (c) Extension of comment period. FMCSA will extend the comment period for a direct final rule if it receives a notice of intent to submit an adverse comment. Upon receipt of the comment, FMCSA will determine if it is an adverse comment or not. (d) Confirmation of effective date. FMCSA will publish a confirmation rule document in the Federal Register, if it has not received an adverse comment by the specified date in the direct final rule or any comment extension document. The confirmation rule document tells the public the effective date of the rule. (e) Withdrawal of a direct final rule. (1) If FMCSA receives an adverse [[Page 36724]] comment within the original or extended comment period, it will publish a rule document in the Federal Register before the effective date of the direct final rule advising the public and withdrawing the direct final rule. (2) If FMCSA withdraws a direct final rule because of an adverse comment, the Agency may issue a notice of proposed rulemaking if it decides to pursue the rulemaking. Issued under authority delegated in 49 CFR 1.87 on: July 31, 2017. Daphne Y. Jefferson, Deputy Administrator. [FR Doc. 2017-16452 Filed 8-4-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules 36719
substances, Intergovernmental relations, Notice of proposed rulemaking
ACTION: Procedures as Supplemented by E.O.
Reporting and recordkeeping (NPRM). 13563)
requirements. B. Regulatory Flexibility Act (Small
SUMMARY: FMCSA proposes to amend its Entities)
Dated: July 27, 2017. rulemaking procedures by revising the C. Assistance for Small Entities
E. Scott Pruitt, process for preparing and adopting D. Unfunded Mandates Reform Act of 1995
Administrator. rules, petitions, and direct final rules. E. Paperwork Reduction Act (Collection of
For the reasons set forth in the Also, the Agency adds new definitions, Information)
preamble, title 40, chapter I of the Code F. E.O. 13132 (Federalism)
and makes general administrative G. E.O. 12988 (Civil Justice Reform)
of Federal Regulations is proposed to be corrections throughout its rulemaking H. E.O. 13045 (Protection of Children)
amended as follows: procedures. These proposed actions are I. E.O. 12630 (Taking of Private Property)
authorized under the Fixing America’s J. Privacy
PART 63—NATIONAL EMISSION Surface Transportation (FAST) Act and K. E.O. 12372 (Intergovermental Review)
STANDARDS FOR HAZARDOUS AIR the Administrative Procedure Act L. E.O. 13211 (Energy Supply, Distribution,
POLLUTANTS FOR SOURCE (APA). or Use)
CATEGORIES M. E.O. 13175 (Indian Tribal Governments)
DATES: Comments on this document N. National Technology Transfer and
■ 1. The authority citation for part 63 must be received on or before October Advancement Act (Technical Standards)
continues to read as follows: 6, 2017. O. Environment (NEPA, CAA,
Authority: 42 U.S.C. 7401, et seq. ADDRESSES: You may submit comments Environmental Justice)
identified by Docket Number FMCSA–
I. Public Participation and Request for
Subpart DD—National Emission 2016–0341 using any of the following
Comments
Standards for Hazardous Air Pollutants methods:
for Hazardous Air Pollutants from Off- • Federal eRulemaking Portal: http:// A. Submitting Comments
Site Waste and Recovery Operations www.regulations.gov. Follow the online
instructions for submitting comments. If you submit a comment, please
■ 2. Section 63.691 is amended by • Mail: Docket Management Facility, include the docket number for this
revising paragraph (c)(3) introductory U.S. Department of Transportation, 1200 NPRM (Docket No. FMCSA–2016–
text to read as follows: New Jersey Avenue SE., West Building, 0341), indicate the specific section of
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§ 63.691 Standards: Equipment leaks. your comment applies, and provide a
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of this section, emissions of HAP listed p.m., Monday through Friday, except only one of these means. FMCSA
in Table 1 of this subpart may not be Federal holidays. recommends that you include your
discharged directly to the atmosphere • Fax: 202–493–2251. name and a mailing address, an email
from pressure relief devices in off-site To avoid duplication, please use only address, or a phone number in the body
material service, and according to the one of these four methods. See the of your document so that FMCSA can
date an affected source commenced ‘‘Public Participation and Request for contact you if there are questions
construction or reconstruction and the Comments’’ portion of the regarding your submission.
date an affected source receives off-site SUPPLEMENTARY INFORMATION section for
material for the first time, as established To submit your comment online, go to
instructions on submitting comments. http://www.regulations.gov, put the
in § 63.680(e)(i) through (iii), the owner FOR FURTHER INFORMATION CONTACT: Mr.
or operator must comply with the docket number, FMCSA–2016–0341, in
Bivan R. Patnaik, Chief, Regulatory the keyword box, and click ‘‘Search.’’
requirements specified in paragraphs Development Division, Federal Motor
(c)(3)(i) and (ii) of this section for all When the new screen appears, click on
Carrier Safety Administration, 1200 the ‘‘Comment Now!’’ button and type
pressure relief devices in off-site New Jersey Avenue SE., Washington,
material service, except that containers your comment into the text box on the
DC 20590–0001 or by telephone at 202– following screen. Choose whether you
are not subject to the obligations in 366–8092 or Bivan.Patnaik@dot.gov. If
(c)(3)(i) of this section. are submitting your comment as an
you have questions on viewing or individual or on behalf of a third party
* * * * * submitting material to the docket,
[FR Doc. 2017–16494 Filed 8–4–17; 8:45 a.m.]
and then submit.
contact Docket Services, telephone (202)
BILLING CODE 6560–50–P 366–9826. If you submit your comments by mail
or hand delivery, submit them in an
SUPPLEMENTARY INFORMATION: This
unbound format, no larger than 81⁄2 by
NPRM is organized as follows:
DEPARTMENT OF TRANSPORTATION 11 inches, suitable for copying and
I. Public Participation and Request for electronic filing. If you submit
Comments comments by mail and would like to
Federal Motor Carrier Safety
A. Submitting Comments
Administration B. Viewing Comments and Documents
know that they reached the facility,
please enclose a stamped, self-addressed
jstallworth on DSKBBY8HB2PROD with PROPOSALS
C. Privacy Act
49 CFR Part 389 D. Waiver of Advance Notice of Proposed postcard or envelope.
Rulemaking FMCSA will consider all comments
[Docket No. FMCSA–2016–0341]
II. Legal Basis for the Rulemaking and material received during the
RIN 2126–AB96 III. Discussion of Proposed Rulemaking comment period and may change this
IV. International Impacts
V. Section-by-Section Analysis proposed rule based on your comments.
Rulemaking Procedures Update
VI. Regulatory Analyses FMCSA may issue a final rule at any
AGENCY:Federal Motor Carrier Safety A. E.O. 12866 (Regulatory Planning and time after the close of the comment
Administration (FMCSA), DOT. Review and DOT Regulatory Policies and period.
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B. Viewing Comments and Documents agencies to use in developing rules and C. Direct Final Rulemaking Procedures
To view comments, as well as any regulations. It also established the
standards that allow the public to Under FMCSA’s current direct final
documents mentioned in this preamble rulemaking (DFR) procedures, if the
as being available in the docket, go to participate in a rulemaking as well as
the opportunity to petition the Federal Agency receives a notice of intent (NOI)
http://www.regulations.gov. Insert the
government for the issuance, to file an adverse comment, the DFR
docket number, FMCSA–2016–0341, in
the keyword box, and click ‘‘Search.’’ amendment, or repeal or a rule. The will be withdrawn, even if the comment
Next, click the ‘‘Open Docket Folder’’ APA authorizes those proposed changes that is eventually filed does not meet
button and choose the document to to Part 389, beyond what is required by the definition of an adverse comment
review. If you do not have access to the the FAST Act. found in 49 CFR 389.39(b). FMCSA
Internet, you may view the docket proposes to change this requirement.
III. Discussion of Proposed Rulemaking Upon receiving an NOI to file an
online by visiting the Docket
Management Facility in Room W12–140 FMCSA proposes several changes to adverse comment, the Agency would
on the ground floor of the DOT West the regulatory procedural requirements extend the comment period rather than
Building, 1200 New Jersey Avenue SE., found in 49 CFR part 389. These withdraw the DFR, allowing the
Washington, DC 20590, between 9 a.m. changes fall into the three general commenter additional time to file. Once
and 5 p.m., Monday through Friday, categories outlined below, and are FMCSA receives the comment, the
except Federal holidays. explained in further detail in the Agency would determine whether it is
C. Privacy Act section-by-section analysis. adverse. If it is an adverse comment,
FMCSA would withdraw the DFR;
In accordance with 5 U.S.C. 553(c), A. Advance Rulemaking Procedures however, if it does not meet the
DOT solicits comments from the public Required definition in § 389.39(b), the Agency
to better inform its rulemaking process.
DOT posts these comments, without FMCSA proposes new rulemaking would move forward with the DFR. If
edit, including any personal information provisions required by the FAST Act the same or another commenter submits
the commenter provides, to where the Agency must consider an NOI at the end of the extended
www.regulations.gov, as described in undertaking a negotiated rulemaking or comment period, FMCSA will
the system of records notice (DOT/ALL– an ANPRM for all major rules regarding determine, on a case-by-case basis,
14 FDMS), which can be reviewed at commercial motor vehicle safety. whether to extend the comment period
www.dot.gov/privacy. However, the FAST Act allows the again, withdraw the DFR, or proceed
Administrator to waive this requirement with the DFR using only the comments
D. Waiver of Advance Notice of
in instances where those tools would be already received.
Proposed Rulemaking
impracticable, unnecessary, or contrary
Under section 5202 of the FAST Act IV. International Impacts
to the public interest. Additionally, the
(Pub. L. 114–94, 129 Stat. 1312, 1534, NPRM proposes a definition of a ‘‘major The FMCSRs, and any exceptions to
December 4, 2015; 49 U.S.C. 31136(g)), rule’’ as defined in the Congressional the FMCSRs, apply only within the
if a proposed rule regarding commercial Review Act (5 U.S.C. 801). FMCSA
motor vehicle safety is likely to lead to United States (and, in some cases,
would use this definition to determine United States territories). Motor carriers
the promulgation of a major rule, whether an ANPRM or negotiated
FMCSA is required to publish an and drivers are subject to the laws and
rulemaking process is necessary. regulations of the countries that they
advance notice of proposed rulemaking
(ANPRM), or proceed with a negotiated B. Definition and Processing of a operate in, unless an international
rulemaking, unless the Agency finds Petition agreement states otherwise. Drivers and
good cause that both would be carriers should be aware of the
impracticable, unnecessary, or contrary Under the current FMSA regulations regulatory differences amongst nations.
to the public interest. As today’s NPRM (49 CFR part 389) for submitting
is not proposing any requirements petitions, there is no regulatory V. Section-by-Section Analysis
regarding commercial motor vehicle definition of a petition. However, Throughout part 389, FMCSA would
safety and would not lead to section 5204 of the FAST Act clearly
change the term ‘‘rule making’’ to
promulgation of a major rule, FMCSA defines the term ‘‘petition.’’ It includes
‘‘rulemaking’’ for consistency.
finds that publication of an ANPRM or requests for: A new regulation; a
proceeding with a negotiated regulatory interpretation or clarification; Section 389.3 Definitions
rulemaking are unnecessary and or a determination by FMCSA that a
contrary to the public interest in this regulation should be modified or FMCSA would add new definitions of
case. eliminated for one of several ‘‘major rule,’’ ‘‘petitions,’’ and ‘‘written
enumerated reasons prescribed in or in writing’’ to § 389.3.
II. Legal Basis for the Rulemaking
section 5204. FMCSA proposes to Section 389.13 Initiation of
The FAST Act requires FMCSA to include this definition in part 389.
address its rulemaking and petitions Rulemaking
Additionally, under this proposal,
procedures. Specifically, section 5202 In § 389.13, FMCSA would
part 389 would be revised to include a
provides requirements for the Agency to
jstallworth on DSKBBY8HB2PROD with PROPOSALS
new process for filing and addressing redesignate the existing text into
follow regarding the development of paragraph (a) and would add paragraphs
petitions. These changes are being
proposed rulemakings [49 U.S.C. (b)(1) through (b)(3).
proposed in order to clarify FMCSA’s
31136(f)–(h)]. Section 5204 also directs
the Agency to be more transparent to the procedures for rulemaking, and to make Proposed paragraph (b) of section
public regarding how FMCSA editorial changes. 389.13 and its subparagraphs include
prioritizes and defines petitions. Finally, FMCSA proposes to define the advanced public participation
The APA (5 U.S.C. 551–706) what ‘‘written or in writing’’ means to requirements from section 5202 of the
established procedures for all Federal include electronic documentation. FAST Act.
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![Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules 36723
In consideration of the foregoing, ■ 4. Revise § 389.13 to read as follows: p.m., Monday through Friday, except
FMCSA proposes to amend 49 CFR Federal holidays.
chapter III, part 389 to read as follows: § 389.13 Initiation of rulemaking (4) Fax: 202–493–2251.
(a) The Administrator initiates (b) All written comments must be
PART 389—RULEMAKING rulemaking on his/her own motion. submitted in English and include copies
PROCEDURES—FEDERAL MOTOR However, in so doing, he/she may, in of any material that the commenter
CARRIER SAFETY REGULATIONS his/her discretion, consider the refers to within the comment.
recommendations of his/her staff or ■ 7. Revise § 389.29 to read as follows:
■ 1. The authority citation for part 389 other agencies of the United States or of
is revised to read as follows: § 389.29 Adoption of final rules.
other interested persons.
Authority: Authority: 49 U.S.C. 113, 501 (b) If a proposed rule regarding Final rules are prepared by
et seq., subchapters I and III of chapter 311, commercial motor vehicle safety is representatives from all relevant offices
chapter 313, and 31502; sec. 5204 of Pub. L. likely to lead to the promulgation of a of FMCSA. The final rule is then
114–94, 129 Stat. 1312. 1536, 42 U.S.C. 4917; major rule, the Administrator, before submitted to the Administrator for his/
and 49 CFR 1.87. publishing such proposed rule, shall— her consideration. If the Administrator
■ 2. Amend § 389.3 by adding (1) Issue an advance notice of adopts the rule, and once approved by
definitions of Major rule, Petition, and proposed rulemaking that: the Office of the Management and
Written or in writing in alphabetical (i) Identifies the need for a potential Budget, if necessary, the final rule is
order to read as follows: regulatory action; published in the Federal Register,
(ii) Identifies and requests public unless all persons subject to the final
§ 389.3 Definitions. rule are named and personally served
comment on the best available science
* * * * * or technical information relevant to with a copy of it.
Major rule means: analyzing potential regulatory ■ 8. Revise § 389.31 to read as follows:
(1) Any rule that the Administrator of alternatives; § 389.31 Petitions for rulemaking.
the Office of Information and Regulatory (iii) Requests public comment on the
Affairs of the Office of Management and (a) Any interested person may
available data and costs with respect to petition the Administrator to establish,
Budget finds has resulted in or is likely regulatory alternatives reasonably likely
to result in: amend, or withdraw a rule.
to be considered as part of the (b) Each petition filed under this
(i) An annual effect on the economy rulemaking; and
of $100,000,000 or more; section must:
(iv) Requests public comment on (1) Be submitted in writing to the
(ii) A major increase in costs or prices available alternatives to regulation; or Administrator, Federal Motor Carrier
for consumers, individual industries, (2) Proceed with a negotiated Safety Administration, 1200 New Jersey
Federal, State, or local government rulemaking. Ave. SE., Washington, DC 20590–0001;
agencies, or geographic regions; or (3) This paragraph does not apply to (2) Set forth the text or substance of
(iii) Significant adverse effects on a proposed rule if the Administrator, for the rule or amendment proposed, or
competition, employment, investment, good cause, finds (and incorporates the specify the rule that the petitioner seeks
productivity, innovation, or on the finding and a brief statement of reasons to have repealed, as the case may be;
ability of United States-based for such finding in the proposed or final (3) Explain the interest of the
enterprises to compete with foreign- rule) that an advance notice of proposed petitioner in the action requested;
based enterprises in domestic and rulemaking is impracticable, (4) Contain any information, data,
export markets. unnecessary, or contrary to the public research studies, and arguments
(2) The term does not include any rule interest. available to the petitioner to support the
promulgated under the action sought.
Telecommunications Act of 1996 and § 389.15 [Amended]
■ 9. In § 389.39, redesignate paragraphs
the amendments made by that Act. ■ 5. In § 389.15, paragraph (a), remove (c) and (d) as paragraphs (d) and (e),
Petition means a request for: the term ‘‘rule making’’ and add the respectively, add new paragraph (c), and
(1) A new regulation; term ‘‘rulemaking’’ in its place. revise newly redesignated paragraphs
(2) A regulatory interpretation or ■ 6. Revise § 389.21 to read as follows: (d) and (e) to read as follows:
clarification; or
(3) A determination made by the § 389.21 Submission of written comments. § 389.39 Direct final rulemaking
Administrator that a regulation should (a) You may submit comments procedures.
be modified or eliminated because it is: identified by the docket number * * * * *
(i) No longer: provided in the rulemaking document (c) Extension of comment period.
(A) Consistent and clear; using any of the following methods. To FMCSA will extend the comment period
(B) Current with the operational avoid duplication, please use only one for a direct final rule if it receives a
realities of the motor carrier industry; or of these four methods. notice of intent to submit an adverse
(C) Uniformly enforced. (1) Federal eRulemaking Portal: comment. Upon receipt of the comment,
(ii) Ineffective; or http://www.regulations.gov. Follow the FMCSA will determine if it is an
(iii) Overly burdensome. online instructions for submitting adverse comment or not.
Written or in writing means printed, comments. (d) Confirmation of effective date.
(2) Mail: Docket Management Facility, FMCSA will publish a confirmation rule
jstallworth on DSKBBY8HB2PROD with PROPOSALS
handwritten, typewritten either on
paper or other tangible medium, or by U.S. Department of Transportation, 1200 document in the Federal Register, if it
any method of electronic documentation New Jersey Avenue SE., West Building, has not received an adverse comment by
such as electronic mail. Ground Floor, Room W12–140, the specified date in the direct final rule
Washington, DC 20590–0001. or any comment extension document.
§ 389.7 [Amended] (3) Hand Delivery or Courier: West The confirmation rule document tells
■ 3. Amend § 389.7 by removing the Building, Ground Floor, Room W12– the public the effective date of the rule.
term ‘‘rule making’’ and add the term 140, 1200 New Jersey Avenue SE., (e) Withdrawal of a direct final rule.
‘‘rulemaking’’ in its place. Washington, DC, between 9 a.m. and 5 (1) If FMCSA receives an adverse
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![36724 Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules
comment within the original or Electronic Submission: Submit all full text of the Antigua Convention is
extended comment period, it will electronic public comments via the available at: https://www.iattc.org/
publish a rule document in the Federal Federal e-Rulemaking Portal. Go to PDFFiles2/Antigua_Convention_Jun_
Register before the effective date of the http://www.regulations.gov/ 2003.pdf.
direct final rule advising the public and #!docketDetail;D=NOAA-NMFS-2017- The IATTC consists of 21 member
withdrawing the direct final rule. 0068, click the ‘‘Comment Now!’’ icon, nations and four cooperating non-
(2) If FMCSA withdraws a direct final complete the required fields, and enter member nations and facilitates scientific
rule because of an adverse comment, the or attach your comments. research into, as well as the
Agency may issue a notice of proposed Mail: Submit written comments to conservation and management of, tuna
rulemaking if it decides to pursue the Daniel Studt, NMFS West Coast Region and tuna-like species in the IATTC
rulemaking. Long Beach Office, 501 W. Ocean Blvd., Convention Area. The IATTC
Issued under authority delegated in 49 CFR Suite 4200, Long Beach, CA 90802. Convention Area is defined as waters of
1.87 on: July 31, 2017. Include the identifier ‘‘NOAA–NMFS– the EPO within the area bounded by the
2017–0068’’ in the comments. west coast of the Americas and by 50°
Daphne Y. Jefferson,
Instructions: Comments must be N. latitude, 150° W. longitude, and 50°
Deputy Administrator.
submitted by one of the above methods S. latitude. The IATTC maintains a
[FR Doc. 2017–16452 Filed 8–4–17; 8:45 am] scientific research and fishery
to ensure they are received,
BILLING CODE 4910–EX–P
documented, and considered by NMFS. monitoring program and regularly
Comments sent by any other method, to assesses the status of tuna, shark, and
any other address or individual, or billfish stocks in the EPO to determine
DEPARTMENT OF COMMERCE received after the end of the comment appropriate catch limits and other
period, may not be considered. All measures deemed necessary to promote
National Oceanic and Atmospheric sustainable fisheries and prevent the
comments received are a part of the
Administration overexploitation of these stocks.
public record and will generally be
posted for public viewing on International Obligations of the United
50 CFR Part 300
www.regulations.gov without change. States Under the Antigua Convention
[Docket No. 170712657–7659–01] All personal identifying information
(e.g., name, address, etc.) submitted As a Party to the Antigua Convention
RIN 0648–BG85 and a member of the IATTC, the United
voluntarily by the sender will be
publicly accessible. Do not submit States is legally bound to implement
International Fisheries; Pacific Tuna certain decisions of the IATTC. The
Fisheries; Restrictions on Fishing for confidential business information, or
otherwise sensitive or protected Tuna Conventions Act (16 U.S.C. 951 et
Sharks in the Eastern Pacific Ocean seq.), as amended on November 5, 2015,
information. NMFS will accept
AGENCY: National Marine Fisheries anonymous comments (enter ‘‘N/A’’ in by Title II of Public Law 114–81, directs
Service (NMFS), National Oceanic and the required fields if you wish to remain that the Secretary of Commerce, in
Atmospheric Administration (NOAA), anonymous). consultation with the Secretary of State
Commerce. Copies of the draft Regulatory Impact and, with respect to enforcement
ACTION: Proposed rule; request for Review and other supporting documents measures, the Secretary of the
comments. are available via the Federal Department of Homeland Security, may
eRulemaking Portal: http:// promulgate such regulations as may be
SUMMARY: NMFS proposes regulations www.regulations.gov, docket NOAA– necessary to carry out the United States’
under the Tuna Conventions Act to NMFS–2017–0068, or by contacting the international obligations under the
implement Resolution C–16–05 Regional Administrator, Barry A. Thom, Antigua Convention, including
(Resolution on the Management of NMFS West Coast Region, 1201 NE recommendations and decisions
Shark Species) of the Inter-American Lloyd Boulevard, Suite 1100, Portland, adopted by the IATTC. The Secretary of
Tropical Tuna Commission (IATTC) OR 97232–1274, or Commerce’s authority to promulgate
adopted in July 2016. Per the RegionalAdministrator.WCRHMS@ such regulations has been delegated to
Resolution, this proposed rule would noaa.gov. NMFS.
require purse seine vessel owners,
FOR FURTHER INFORMATION CONTACT: Resolution on the Management of
operators, and crew to follow specified
Daniel Studt, NMFS, West Coast Region, Shark Species
release requirements for sharks in the
eastern Pacific Ocean (EPO). The rule 562–980–4073. The IATTC adopted Resolution C–16–
would also prohibit longline vessels SUPPLEMENTARY INFORMATION: 05 by consensus at its 90th meeting in
targeting tuna or swordfish in the EPO July 2016 in response to the IATTC
Background on the IATTC scientific staff’s conservation
from using ‘‘shark lines’’ (a type of
fishing gear used on longline vessels to The United States is a member of the recommendations to adopt release
target sharks). This proposed rule is IATTC, which was established under requirements for sharks caught by purse
necessary for the United States to satisfy the 1949 Convention for the seine vessels and to prohibit the use of
its obligations as a member of the Establishment of an Inter-American shark lines by longline vessels. The
IATTC. Tropical Tuna Commission. In 2003, the main objective of Resolution C–16–05 is
IATTC adopted the Convention for the to promote the conservation of shark
jstallworth on DSKBBY8HB2PROD with PROPOSALS
DATES:Comments on the proposed rule Strengthening of the IATTC Established species in the EPO by reducing
and supporting documents must be by the 1949 Convention between the incidental catch mortalities in IATTC
submitted in writing by September 6, United States of America and the fisheries. Although U.S. commercial
2017. Republic of Costa Rica (Antigua fishing vessels in the EPO do not target
ADDRESSES: You may submit comments Convention). The Antigua Convention sharks, some are caught incidentally.
on this document, identified by NOAA– entered into force in 2010. The United The resolution includes release
NMFS–2017–0068, by any of the States acceded to the Antigua requirements for sharks caught on purse
following methods: Convention on February 24, 2016. The seine vessels, which is expected to
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Document Created: 2017-08-05 03:00:11
Document Modified: 2017-08-05 03:00:11
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | Comments on this document must be received on or before October 6, 2017. | |
| Contact | Mr. Bivan R. Patnaik, Chief, Regulatory Development Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 or by telephone at 202-366-8092 or [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 36719 | |
| RIN Number | 2126-AB96 | |
| CFR Associated | Administrative Practice and Procedure; Highway Safety; Motor Carriers and Motor Vehicle Safety |
2025 Federal Register | Disclaimer | Privacy Policy
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