82 FR 56744 - System Safety Program
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 82, Issue 229 (November 30, 2017)
Federal Railroad Administration
Federal Register Volume 82, Issue 229 (November 30, 2017)
| Page Range | 56744-56747 | |
| FR Document | 2017-25821 |
[Federal Register Volume 82, Number 229 (Thursday, November 30, 2017)] [Rules and Regulations] [Pages 56744-56747] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25821] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 270 [Docket No. FRA-2011-0060, Notice No. 7] RIN 2130-AC71 System Safety Program AGENCY: Federal Railroad Administration (FRA), Department of Transportation. ACTION: Final rule; stay of regulations. ----------------------------------------------------------------------- SUMMARY: On August 12, 2016, FRA published a final rule requiring commuter and intercity passenger railroads to develop and implement a system safety program (SSP) to improve the safety of their operations. On February 10, 2017, FRA stayed the SSP final rule's requirements until March 21, 2017, and extended the stay until May 22, 2017, June 5, 2017, and then December 4, 2017. FRA is issuing this final rule to extend that stay until December 4, 2018. DATES: Effective November 29, 2017, the stay of 49 CFR part 270 is extended until December 4, 2018. Petitions for reconsideration must be received on or before January 19, 2018. Comments in response to petitions for reconsideration must be received on or before March 5, 2018. ADDRESSES: Petitions for reconsideration and comments on petitions for reconsideration: Any petitions for reconsideration or comments on petitions for reconsideration related to this Docket No. FRA-2011-0060, Notice No. 7, may be submitted by any of the following methods:Web site: The Federal eRulemaking Portal, www.regulations.gov. Follow the Web site's online instructions for submitting comments. Fax: 202-493-2251. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590. Hand Delivery: Docket Management Facility, Room W12-140 on the ground level of the West Building, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking (2130-AC71). Note that all petitions and comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading in the SUPPLEMENTARY INFORMATION section of this document for Privacy Act information related to any submitted petitions, comments or materials. Docket: For access to the docket to read background documents, petitions for reconsideration, or comments received, go to http://www.regulations.gov at any time or visit the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W12-140 on the Ground level of the West Building, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Elizabeth A. Gross, Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel; telephone: 202-493-1342; email: [email protected]. SUPPLEMENTARY INFORMATION: On August 12, 2016, FRA published a final rule requiring commuter and intercity passenger railroads to develop and implement an SSP to improve the safety of their operations. See 81 FR 53850. On February 10, 2017, FRA stayed the SSP final rule's requirements until March 21, 2017, consistent with the new Administration's guidance issued January 20, 2017, intended to provide the Administration an adequate opportunity to review new and pending regulations. See 82 FR 10443 (Feb. 13, 2017). To provide additional time for that review, FRA extended the stay until May 22, 2017, June 5, 2017, and then December 4, 2017. See 82 FR 14476 (Mar. 21, 2017), 82 FR 23150 (May 22, 2017), and 82 FR 26359 (June 7, 2017). These stays of the rule's requirements did not affect the SSP final rule's information protection provisions in 49 CFR 270.105, which took effect for information a railroad compiles or collects solely for SSP purposes on August 14, 2017. FRA's review included petitions for reconsideration of the SSP final rule [[Page 56745]] (Petitions). Various rail labor organizations (Labor Organizations) filed a single joint petition.\1\ State and local transportation departments and authorities (States) filed the three other petitions, one of which was a joint petition (State Joint Petition).\2\ The State Joint Petition requested that FRA stay the SSP final rule, and NCDOT specifically requested that FRA stay the rule while FRA was considering the petitions. All Petitions were available for public comment in the docket for the SSP rulemaking. On November 15, 2016, the Massachusetts Department of Transportation (MassDOT) submitted a comment supporting the State Joint Petition, also asking FRA to stay the SSP final rule. FRA did not receive any public comments opposing the States' requests for a stay. --------------------------------------------------------------------------- \1\ The labor organizations that filed the joint petition are: The American Train Dispatchers Association (ATDA), Brotherhood of Locomotive Engineers and Trainmen (BLET), Brotherhood of Maintenance of Way Employes Division (BMWED), the Brotherhood of Railroad Signalmen (BRS), Brotherhood Railway Carmen Division (TCU/IAM), and Transport Workers Union of America (TWU). \2\ The Capitol Corridor Joint Powers Authority (CCJPA), Indiana Department of Transportation (INDOT), Northern New England Passenger Rail Authority (NNEPRA), and San Joaquin Joint Powers Authority (SJJPA) filed a joint petition (Joint Petition). The North Carolina Department of Transportation (NCDOT) and State of Vermont Agency of Transportations (VTrans) each filed separate petitions. --------------------------------------------------------------------------- On October 30, 2017, FRA met with the Passenger Safety Working Group and the System Safety Task Group of the Railroad Safety Advisory Committee (RSAC) to discuss the Petitions and comments received in response to the Petitions.\3\ FRA specifically invited its state partners to this meeting, which was also open to the public. This meeting was necessary for FRA to receive input from industry and the public, and to discuss potential paths forward to respond to the Petitions prior to FRA taking final action. During the meeting, a representative from the Oregon Department of Transportation asked whether the SSP final rule would be further stayed pending FRA's development of a response to the Petitions and public input received at the meeting. An FRA representative indicated that he anticipated a further stay of the rule to provide time to resolve the issues raised by the petitions. None of the meeting participants expressed opposition to a further stay.\4\ --------------------------------------------------------------------------- \3\ Attendees at the October 30, 2017, meeting included representatives from the following organizations: ADS System Safety Consulting, LLC; American Association of State Highway and Transportation Officials (AASHTO); American Public Transportation Association (APTA); American Short Line and Regional Railroad Association (ASLRRA); ATDA; Association of American Railroads (AAR); BLET; BMWED; BRS; CCJPA; The Fertilizer Institute; Gannett Fleming Transit and Rail Systems; International Brotherhood of Electrical Workers; Metropolitan Transportation Authority (MTA); National Railroad Passenger Corporation (Amtrak); National Transportation Safety Board (NTSB); NCDOT; NNEPRA; Politico; San Joaquin Regional Rail Commission/Altamont Corridor Express; Sheet Metal, Air, Rail, and Transportation Workers (SMART); United States Department of Transportation--Transportation Safety Institute. During the meeting, an attorney from Kaplan Kirsch & Rockwell, LLP representing AASHTO indicated he was authorized to speak on behalf of all the State petitioners. \4\ Once the RSAC meeting notes are finalized, FRA will place them in Docket ID FRA-2011-0060 at www.regulations.gov. --------------------------------------------------------------------------- Given the multiple requests for a continued stay of the rule, the comment received supporting a stay, the lack of opposition to a stay in either the comments or at the public RSAC meeting, and FRA's interest in addressing the issues raised in the State petitions prior to requiring full compliance with the SSP final rule, FRA is issuing this final rule extending the stay until December 4, 2018. Regulatory Impact and Notices Executive Orders 12866, 13563, and 13771 and DOT Regulatory Policies and Procedures This final rule is a non-significant regulatory action within the meaning of Executive Order 12866 and DOT policies and procedures. See 44 FR 11034 (Feb. 26, 1979). The final rule follows the direction of Executive Order 13563 ``Improving Regulation and Regulatory Review'', which emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Finally, the final rule also follows the guidance of Executive Order 13771 ``Reducing Regulation and Controlling Regulatory Costs'' (E.O. 13771), which directs agencies that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' FRA identified this final rule as a deregulatory effort to comply with E.O. 13771. For more information on E.O. 13771, refer to Office of Management and Budget's April 5, 2017 publication ``Memorandum: Implementing Executive Order 13771, titled `Reducing Regulation and Controlling Regulatory Costs.' '' In July 2016, FRA issued the System Safety Program final rule (2016 Final Rule) as part of its efforts to continuously improve rail safety and to satisfy the statutory mandate in sections 103 and 109 of Rail Safety Improvement Act of 2008. The 2016 Final Rule requires passenger railroads to establish a program that systematically evaluates railroad safety risks and manages those risks with the goal of reducing the numbers and rates of railroad accidents, incidents, injuries, and fatalities. Paperwork requirements are the largest burden of the 2016 Final Rule. FRA believes that the final rule, which will stay the requirements of the 2016 Final Rule until December 4, 2018, will reduce regulatory burden on the railroad industry. By staying the requirements of the 2016 Final Rule, railroads will realize a cost savings. Railroads will not sustain any costs during the first year of this analysis. In addition, because the analysis discounts future costs and the final rule will move forward all costs by one-year, the present value cost of the final rule is lower as compared to the present value cost of the 2016 Final Rule. FRA estimates this cost savings to be approximately $164,480, at a 3% discount rate, and $76,788, at a 7% discount rate. The following table shows 2016 Final Rule total cost, delayed one-year implementation date total costs (final rule total cost), and the cost savings from a one-year implementation date delay. ------------------------------------------------------------------------ Present Present value value (7%) (3%) ------------------------------------------------------------------------ 2016 Final rule, total cost..................... $2,327,223 $3,412,649 Final rule, total cost.......................... 2,250,435 3,248,169 ----------------------- Cost savings from one-year delay.............. 76,788 164,480 ------------------------------------------------------------------------ Regulatory Flexibility Act and Executive Order 13272 The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq., and E.O. 13272, 67 FR 53461 (Aug. 16, 2002), require agency review of proposed and final rules to assess their impact on small entities. An agency must prepare an initial regulatory flexibility analysis (IRFA) unless it determines and certifies that a rule, if promulgated, would not have a significant impact on a substantial number of small entities. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the FRA Administrator certifies that this final rule will not have a significant economic impact on a substantial number of small entities. This final rule will affect passenger railroads, but will have a beneficial effect, lessening the burden on small railroads. ``Small entity'' is defined in 5 U.S.C. 601 as including a small business [[Page 56746]] concern that is independently owned and operated, and is not dominant in its field of operation. The U.S. Small Business Administration (SBA) has authority to regulate issues related to small businesses, and stipulates in its size standards that a ``small entity'' in the railroad industry is a for profit ``linehaul railroad'' that has fewer than 1,500 employees, a ``short line railroad'' with fewer than 1,500 employees, or a ``commuter rail system'' with annual receipts of less than $15.0 million dollars. See ``Size Eligibility Provisions and Standards,'' 13 CFR part 121, subpart A. Additionally, 5 U.S.C. 601(5) defines as ``small entities'' governments of cities, counties, towns, townships, villages, school districts, or special districts with populations less than 50,000. Federal agencies may adopt their own size standards for small entities, in consultation with SBA and in conjunction with public comment. Pursuant to that authority, FRA has published a final statement of agency policy that formally establishes ``small entities'' or ``small businesses'' as being railroads, contractors, and hazardous materials shippers that meet the revenue requirements of a Class III railroad as set forth in 49 CFR 1201.1-1, which is $20 million or less in inflation-adjusted annual revenues, and commuter railroads or small governmental jurisdictions that serve populations of 50,000 or less. See 68 FR 24891 (May 9, 2003), codified at Appendix C to 49 CFR part 209. The $20-million limit is based on the Surface Transportation Board's revenue threshold for a Class III railroad. Railroad revenue is adjusted for inflation by applying a revenue deflator formula in accordance with 49 CFR 1201.1-1. FRA is using this definition for this rulemaking. This final rule will apply to passenger railroads. Based on the definition of ``small entity,'' only two passenger railroads are considered small entities: Saratoga & North Creek Railway (SNC), and the Hawkeye Express (operated by the Iowa Northern Railway Company (IANR)). As the final rule is not significant, if it did impact these two small entities, this final rule would merely provide these entities with additional compliance time without introducing any additional burden. Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601(b), the Administrator of the FRA hereby certifies that this final rule will not have a significant impact on a substantial number of small entities. A substantial number of small entities may be impacted by this regulation; however, any impact on these entities will be minimal and positive. Paperwork Reduction Act There are no new collection of information requirements contained in this final rule and, in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., an information collection submission to the Office of Management and Budget is not required. The record keeping and reporting requirements already contained in the SSP final rule were approved by the Office of Management and Budget on October 5, 2016. The information collection requirements thereby became effective when they were approved by OMB. The OMB approval number is OMB No. 2130-0599, and OMB approval expires on October 31, 2019. Federalism Implications Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999), requires FRA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' are defined in the Executive Order to include regulations that have ``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.'' Under Executive Order 13132, the agency may not issue a regulation with federalism implications that imposes substantial direct compliance costs and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments or the agency consults with State and local government officials early in the process of developing the regulation. Where a regulation has federalism implications and preempts State law, the agency seeks to consult with State and local officials in the process of developing the regulation. This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132. FRA has determined that this rule does not have 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. In addition, FRA has determined that this rule does not impose substantial direct compliance costs on State and local governments. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. International Trade Impact Assessment The Trade Agreement Act of 1979 prohibits Federal agencies from engaging in any standards or related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and where appropriate, that they be the basis for U.S. standards. This rulemaking is purely domestic in nature and is not expected to affect trade opportunities for U.S. firms doing business overseas or for foreign firms doing business in the United States. Environmental Assessment FRA has evaluated this rule in accordance with its ``Procedures for Considering Environmental Impacts'' (FRA's Procedures) (64 FR 28545, May 26, 1999) as required by the National Environmental Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes, Executive Orders, and related regulatory requirements. FRA has determined that this rule is not a major FRA action (requiring the preparation of an environmental impact statement or environmental assessment) because it is categorically excluded from detailed environmental review pursuant to section 4(c)(20) of FRA's Procedures, which concern the promulgation of railroad safety rules and policy statements that do not result in significantly increased emissions of air or water pollutants or noise or increased traffic congestion in any mode of transportation. See 64 FR 28547, May 26, 1999. In accordance with section 4(c) and (e) of FRA's Procedures, the agency has further concluded that no extraordinary circumstances exist with respect to this regulation that might trigger the need for a more detailed environmental review. As a result, FRA finds that this rule is not a major Federal action significantly affecting the quality of the human environment. Unfunded Mandates Reform Act of 1995 Pursuant to section 201 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate [[Page 56747]] requirements specifically set forth in law). Section 202 of the Act (2 U.S.C. 1532) further requires that before promulgating any general notice of proposed rulemaking that is likely to result in the promulgation of any rule that includes any Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year, and before promulgating any final rule for which a general notice of proposed rulemaking was published, the agency shall prepare a written statement. This written statement must detail the effect on State, local, and tribal governments and the private sector. For the year 2017, this monetary amount of $100,000,000 has been adjusted to $156,000,000 to account for inflation. This final rule would not result in such an expenditure, and thus preparation of such a statement is not required. Energy Impact Executive Order 13211 requires Federal agencies to prepare a Statement of Energy Effects for any ``significant energy action.'' 66 FR 28355, May 22, 2001. Under the Executive Order, a ``significant energy action'' is defined as any action by an agency (normally published in the Federal Register) that promulgates, or is expected to lead to the promulgation of, a final rule or regulation (including a notice of inquiry, advance notice of proposed rulemaking, and notice of proposed rulemaking) that (1)(i) is a significant regulatory action under Executive Order 12866 or any successor order and (ii) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (2) is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. FRA has evaluated this rule in accordance with Executive Order 13211. FRA has determined that this rule will not have a significant adverse effect on the supply, distribution, or use of energy. Consequently, FRA has determined that this regulatory action is not a ``significant energy action'' within the meaning of Executive Order 13211. 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. List of Subjects in 49 CFR Part 270 Penalties, Railroad safety, Reporting and recordkeeping requirements, System safety. The Rule 0 In consideration of the foregoing, FRA extends the stay of the SSP final rule published August 12, 2016 (81 FR 53850) until December 4, 2018. Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Issued in Washington, DC, on November 27, 2017. Juan D. Reyes III, Chief Counsel. [FR Doc. 2017-25821 Filed 11-29-17; 8:45 am] BILLING CODE 4910-06-P
![56744 Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Rules and Regulations
described under Title II of the Unfunded Parts per • Hand Delivery: Docket Management
Commodity
Mandates Reform Act (UMRA) (2 U.S.C. millionFacility, Room W12–140 on the ground
1501 et seq.). level of the West Building, U.S.
Almond, hulls .............................. 0.06 Department of Transportation, 1200
This action does not involve any
technical standards that would require New Jersey Avenue SE., Washington,
* * * * *
Agency consideration of voluntary Nut, tree, group 14–12 ............... 0.02
DC, between 9 a.m. and 5 p.m., Monday
consensus standards pursuant to section through Friday, except Federal holidays.
12(d) of the National Technology * * * * * Instructions: All submissions must
Transfer and Advancement Act include the agency name and docket
(NTTAA) (15 U.S.C. 272 note). * * * * * number or Regulatory Identification
[FR Doc. 2017–25829 Filed 11–29–17; 8:45 am] Number (RIN) for this rulemaking
VII. Congressional Review Act BILLING CODE 6560–50–P (2130–AC71). Note that all petitions and
comments received will be posted
Pursuant to the Congressional Review without change to http://
Act (5 U.S.C. 801 et seq.), EPA will www.regulations.gov, including any
submit a report containing this rule and DEPARTMENT OF TRANSPORTATION
personal information provided. Please
other required information to the U.S. see the Privacy Act heading in the
Senate, the U.S. House of Federal Railroad Administration
SUPPLEMENTARY INFORMATION section of
Representatives, and the Comptroller this document for Privacy Act
General of the United States prior to 49 CFR Part 270
information related to any submitted
publication of the rule in the Federal [Docket No. FRA–2011–0060, Notice No. 7] petitions, comments or materials.
Register. This action is not a ‘‘major Docket: For access to the docket to
rule’’ as defined by 5 U.S.C. 804(2). RIN 2130–AC71
read background documents, petitions
List of Subjects in 40 CFR Part 180 System Safety Program for reconsideration, or comments
received, go to http://
Environmental protection, AGENCY: Federal Railroad www.regulations.gov at any time or visit
Administrative practice and procedure, Administration (FRA), Department of the Docket Management Facility, U.S.
Agricultural commodities, Pesticides Transportation. Department of Transportation, 1200
and pests, Reporting and recordkeeping ACTION: Final rule; stay of regulations. New Jersey Avenue SE., Room W12–140
requirements. on the Ground level of the West
SUMMARY: On August 12, 2016, FRA Building, between 9 a.m. and 5 p.m.,
Dated: October 27, 2017.
published a final rule requiring Monday through Friday, except Federal
Daniel Kenny,
commuter and intercity passenger holidays.
Acting Director, Registration Division, Office railroads to develop and implement a
of Pesticide Programs. FOR FURTHER INFORMATION CONTACT:
system safety program (SSP) to improve Elizabeth A. Gross, Trial Attorney, U.S.
Therefore, 40 CFR chapter I is the safety of their operations. On Department of Transportation, Federal
amended as follows: February 10, 2017, FRA stayed the SSP Railroad Administration, Office of Chief
final rule’s requirements until March 21, Counsel; telephone: 202–493–1342;
PART 180—[AMENDED] 2017, and extended the stay until May email: Elizabeth.Gross@dot.gov.
22, 2017, June 5, 2017, and then
SUPPLEMENTARY INFORMATION: On August
■ 1. The authority citation for part 180 December 4, 2017. FRA is issuing this
12, 2016, FRA published a final rule
continues to read as follows: final rule to extend that stay until
requiring commuter and intercity
December 4, 2018.
Authority: 21 U.S.C. 321(q), 346a and 371. passenger railroads to develop and
DATES: Effective November 29, 2017, the implement an SSP to improve the safety
■ 2. In § 180.350, paragraph (a): stay of 49 CFR part 270 is extended of their operations. See 81 FR 53850. On
until December 4, 2018. Petitions for February 10, 2017, FRA stayed the SSP
■ a. Revise the introductory text.
reconsideration must be received on or final rule’s requirements until March 21,
■ b. Add alphabetically entries to the before January 19, 2018. Comments in 2017, consistent with the new
table for ‘‘Almond, hulls’’; and ‘‘Nut, response to petitions for reconsideration Administration’s guidance issued
tree, group 14–12’’. must be received on or before March 5, January 20, 2017, intended to provide
The revision and additions read as 2018. the Administration an adequate
follows: ADDRESSES: Petitions for reconsideration opportunity to review new and pending
and comments on petitions for regulations. See 82 FR 10443 (Feb. 13,
§ 180.350 Nitrapyrin; tolerances for reconsideration: Any petitions for
residues.
2017). To provide additional time for
reconsideration or comments on that review, FRA extended the stay until
(a) General. Tolerances are petitions for reconsideration related to May 22, 2017, June 5, 2017, and then
established for residues of the this Docket No. FRA–2011–0060, Notice December 4, 2017. See 82 FR 14476
insecticide nitrapyrin, including its No. 7, may be submitted by any of the (Mar. 21, 2017), 82 FR 23150 (May 22,
metabolites and degradates, in or on the following methods: 2017), and 82 FR 26359 (June 7, 2017).
commodities below. Compliance with • Web site: The Federal eRulemaking These stays of the rule’s requirements
the tolerance levels specified below is to Portal, www.regulations.gov. Follow the did not affect the SSP final rule’s
sradovich on DSK3GMQ082PROD with RULES
be determined by measuring only the Web site’s online instructions for information protection provisions in 49
sum of nitrapyrin (2-chloro-6- submitting comments. CFR 270.105, which took effect for
(trichloromethyl) pyridine) and its 6– • Fax: 202–493–2251. information a railroad compiles or
CPA (6-chloropicolinic acid) metabolite, • Mail: Docket Management Facility, collects solely for SSP purposes on
calculated as the stoichiometric U.S. Department of Transportation, 1200 August 14, 2017.
equivalent of nitrapyrin, in or on the New Jersey Avenue SE., Room W12– FRA’s review included petitions for
commodity: 140, Washington, DC 20590. reconsideration of the SSP final rule
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![Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Rules and Regulations 56747
requirements specifically set forth in 14 FDMS), which can be reviewed at 300.224(d) provide an exception to this
law). www.dot.gov/privacy. closure for bigeye tuna caught by U.S.
Section 202 of the Act (2 U.S.C. 1532) longline vessels identified in a valid
further requires that before List of Subjects in 49 CFR Part 270
specified fishing agreement under 50
promulgating any general notice of Penalties, Railroad safety, Reporting CFR 665.819(c). Further, 50 CFR
proposed rulemaking that is likely to and recordkeeping requirements, 665.819(c)(9) authorized NMFS to
result in the promulgation of any rule System safety. attribute catches of bigeye tuna made by
that includes any Federal mandate that U.S. longline vessels identified in a
The Rule
may result in expenditure by State, valid specified fishing agreement to the
local, and tribal governments, in the ■ In consideration of the foregoing, FRA U.S. territory to which the agreement
aggregate, or by the private sector, of extends the stay of the SSP final rule applies.
$100,000,000 or more (adjusted published August 12, 2016 (81 FR Effective on October 10, 2017, NMFS
annually for inflation) in any 1 year, and 53850) until December 4, 2018. specified a 2017 catch limit of 2,000 mt
before promulgating any final rule for Authority: 49 U.S.C. 20103, 20106–20107,
of longline-caught bigeye tuna for the
which a general notice of proposed 20118–20119, 20156, 21301, 21304, 21311; U.S. territories of American Samoa,
rulemaking was published, the agency 28 U.S.C. 2461, note; and 49 CFR 1.89. Guam and the Commonwealth of the
shall prepare a written statement. Northern Mariana Islands or CNMI (82
This written statement must detail the Issued in Washington, DC, on November
FR 49143, October 24, 2017). NMFS also
27, 2017.
effect on State, local, and tribal authorized each territory to allocate up
governments and the private sector. For Juan D. Reyes III, to 1,000 mt of its 2,000 mt bigeye tuna
the year 2017, this monetary amount of Chief Counsel. limit to U.S. longline fishing vessels
$100,000,000 has been adjusted to [FR Doc. 2017–25821 Filed 11–29–17; 8:45 am] permitted to fish under the Fishery
$156,000,000 to account for inflation. BILLING CODE 4910–06–P Ecosystem Plan for Pelagic Fisheries of
This final rule would not result in such the Western Pacific (FEP).
an expenditure, and thus preparation of On October 6, 2017, the Western
such a statement is not required. DEPARTMENT OF COMMERCE Pacific Fishery Management Council,
through its Executive Director,
Energy Impact National Oceanic and Atmospheric transmitted to NMFS a specified fishing
Executive Order 13211 requires Administration agreement between the CNMI and Quota
Federal agencies to prepare a Statement Management, Inc. (QMI) dated April 14,
of Energy Effects for any ‘‘significant 50 CFR Part 665 2016. NMFS reviewed the agreement
energy action.’’ 66 FR 28355, May 22, and determined that it was consistent
[Docket No. 170109046–7933–02]
2001. Under the Executive Order, a with the requirements at 50 CFR
‘‘significant energy action’’ is defined as RIN 0648–XF156 665.819, the FEP, the Magnuson-Stevens
any action by an agency (normally Fishery Conservation and Management
published in the Federal Register) that Pacific Island Pelagic Fisheries; 2017 Act, and other applicable laws (82 FR
promulgates, or is expected to lead to Commonwealth of the Northern 49143, October 24, 2017). The criteria
the promulgation of, a final rule or Mariana Islands Bigeye Tuna Fishery; that a specified fishing agreement must
regulation (including a notice of Closure meet, and the process for attributing
inquiry, advance notice of proposed AGENCY: National Marine Fisheries longline-caught bigeye tuna, followed
rulemaking, and notice of proposed Service (NMFS), National Oceanic and the procedures in 50 CFR 665.819—
rulemaking) that (1)(i) is a significant Atmospheric Administration (NOAA), Territorial catch and fishing effort
regulatory action under Executive Order Commerce. limits.
12866 or any successor order and (ii) is In accordance with 50 CFR 300.224(d)
ACTION: Temporary rule; closure.
likely to have a significant adverse effect and 50 CFR 665.819(c)(9), NMFS began
on the supply, distribution, or use of SUMMARY: NMFS is closing the U.S. attributing bigeye tuna caught in the
energy; or (2) is designated by the pelagic longline fishery for bigeye tuna WCPO by vessels identified in the
Administrator of the Office of in the western and central Pacific Ocean CNMI/QMI agreement to the CNMI,
Information and Regulatory Affairs as a because the fishery will reach the 2017 beginning on October 10, 2017. NMFS
significant energy action. FRA has allocation limit for the Commonwealth monitored catches of longline-caught
evaluated this rule in accordance with of the Northern Mariana Islands (CNMI). bigeye tuna by the CNMI longline
Executive Order 13211. FRA has This action is necessary to comply with fisheries, including catches made by
determined that this rule will not have regulations managing this fish stock. U.S. longline vessels operating under
a significant adverse effect on the DATES: Effective 12:01 a.m. local time
the CNMI/QMI agreement. Based on this
supply, distribution, or use of energy. December 6, 2017, through December monitoring, NMFS forecasted that the
Consequently, FRA has determined that 31, 2017. CNMI territorial allocation limit of 1,000
this regulatory action is not a mt will be reached by December 6, 2017,
FOR FURTHER INFORMATION CONTACT:
‘‘significant energy action’’ within the and is, as an accountability measure,
meaning of Executive Order 13211. Jarad Makaiau, NMFS PIRO Sustainable prohibiting the catch and retention of
Fisheries, 808–725–5176. longline-caught bigeye tuna by vessels
Privacy Act SUPPLEMENTARY INFORMATION: On in the CNMI/QMI agreement.
In accordance with 5 U.S.C. 553(c), September 1, 2017, NMFS restricted the
sradovich on DSK3GMQ082PROD with RULES
DOT solicits comments from the public retention, transshipment and landing of Notice of Closure and Temporary Rule
to better inform its rulemaking process. bigeye tuna captured by longline gear in Effective 12:01 a.m. local time
DOT posts these comments, without the western and central Pacific Ocean December 6, 2017, through December
edit, including any personal information (WCPO) because the U.S. longline 31, 2017, NMFS closes the U.S. pelagic
the commenter provides, to fishery reached 2017 U.S. bigeye tuna longline fishery for bigeye tuna in the
www.regulations.gov, as described in limit of 3,554 mt (82 FR 47642, October western and central Pacific Ocean as a
the system of records notice (DOT/ALL– 13, 2017). Regulations at 50 CFR result of the fishery reaching the 2017
VerDate Sep<11>2014 17:33 Nov 29, 2017 Jkt 244001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1](https://thefederalregister.org/doc/82_FR_56973/page/4.svg)
Document Created: 2017-11-30 00:35:02
Document Modified: 2017-11-30 00:35:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; stay of regulations. | |
| Dates | Effective November 29, 2017, the stay of 49 CFR part 270 is extended until December 4, 2018. Petitions for reconsideration must be received on or before January 19, 2018. Comments in response to petitions for reconsideration must be received on or before March 5, 2018. | |
| Contact | Elizabeth A. Gross, Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel; telephone: 202-493-1342; email: [email protected] | |
| FR Citation | 82 FR 56744 | |
| RIN Number | 2130-AC71 | |
| CFR Associated | Penalties; Railroad Safety; Reporting and Recordkeeping Requirements and System Safety |
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