82_FR_8712 82 FR 8694 - Civil Penalties

82 FR 8694 - Civil Penalties

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 18 (January 30, 2017)

Page Range8694-8694
FR Document2017-01957

This action temporarily delays for 60 days the effective date of the rule entitled ``Civil Penalties,'' published in the Federal Register on December 28, 2016.

Federal Register, Volume 82 Issue 18 (Monday, January 30, 2017)
[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Rules and Regulations]
[Page 8694]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01957]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 578

[Docket No. NHTSA-2016-0136]
RIN 2127-AL82


Civil Penalties

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Final rule; delay of effective date.

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SUMMARY: This action temporarily delays for 60 days the effective date 
of the rule entitled ``Civil Penalties,'' published in the Federal 
Register on December 28, 2016.

DATES: Effective January 25, 2017. The effective date of the rule 
amending 49 CFR part 578 published at 81 FR 95489, December 28, 2016 is 
delayed until March 28, 2017.

FOR FURTHER INFORMATION CONTACT: For legal issues, contact Rebecca 
Schade, Office of Chief Counsel, at (202) 366-2992. For non-legal 
issues, contact John Finneran, Office of Vehicle Safety Compliance, at 
(202) 366-5289.

SUPPLEMENTARY INFORMATION: In accordance with the memorandum of January 
20, 2017, from the Assistant to the President and Chief of Staff, 
entitled ``Regulatory Freeze Pending Review,'' \1\ this action 
temporarily delays for 60 days the effective date of the rule entitled 
``Civil Penalties,'' published in the Federal Register on December 28, 
2016, at 81 FR 95489. That rule responded to a petition for 
reconsideration from the Alliance of Automobile Manufacturers and the 
Association of Global Automakers by delaying, until model year 2019, 
the implementation of inflationary adjustments to the Corporate Average 
Fuel Economy (CAFE) civil penalty rate. These inflationary adjustments 
are required by Congress as part of the Federal Civil Penalties 
Inflation Adjustment Improvements Act of 2015.
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    \1\ Available at https://www.whitehouse.gov/the-press-office/2017/01/20/memorandum-heads-executive-departments-and-agencies (last 
accessed Jan. 24, 2017).
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    To the extent that 5 U.S.C. 553 is applicable, this action is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(3)(A). Alternatively, NHTSA's 
implementation of this action without opportunity for public comment, 
effective immediately upon publication today in the Federal Register, 
is justified based on the good cause exceptions in 5 U.S.C. 
553(b)(3)(B) and 553(d)(3). Seeking public comment is impracticable, 
unnecessary, and contrary to the public interest. The temporary 60-day 
delay in effective date is necessary to give Department officials the 
opportunity for further review and consideration of new regulations, 
consistent with the Assistant to the President's memorandum of January 
20, 2017. Given the imminence of the effective date, seeking prior 
public comment on this temporary delay would have been impractical, as 
well as contrary to the public interest in the orderly promulgation and 
implementation of regulations. The imminence of effective date is also 
good cause for making this action effective immediately upon 
publication.
    Authority: Pub. L. 101-410, Pub. L. 104-134, Pub. L. 109-59, Pub. 
L. 114-74, Pub L. 114-94, 49 U.S.C. 32902 and 32912; delegation of 
authority at 49 CFR 1.81, 1.95.

    Issued on: January 25, 2017.
Jack Danielson,
Acting Deputy Administrator.
[FR Doc. 2017-01957 Filed 1-25-17; 4:15 pm]
 BILLING CODE 4910-59-P



                                                8694              Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Rules and Regulations

                                                Inbound EMS                                             CFR part 578 published at 81 FR 95489,                 74, Pub L. 114–94, 49 U.S.C. 32902 and
                                                  Inbound EMS 2                                         December 28, 2016 is delayed until                     32912; delegation of authority at 49 CFR
                                                Inbound Air Parcel Post (at non-UPU rates)              March 28, 2017.                                        1.81, 1.95.
                                                  Royal Mail Group Inbound Air Parcel Post
                                                                                                        FOR FURTHER INFORMATION CONTACT: For                     Issued on: January 25, 2017.
                                                     Agreement
                                                Inbound Competitive Multi-Service                       legal issues, contact Rebecca Schade,                  Jack Danielson,
                                                     Agreements with Foreign Postal                     Office of Chief Counsel, at (202) 366–                 Acting Deputy Administrator.
                                                     Operators                                          2992. For non-legal issues, contact John
                                                                                                                                                               [FR Doc. 2017–01957 Filed 1–25–17; 4:15 pm]
                                                  Inbound Competitive Multi-Service                     Finneran, Office of Vehicle Safety
                                                                                                                                                               BILLING CODE 4910–59–P
                                                     Agreements with Foreign Postal                     Compliance, at (202) 366–5289.
                                                  Operators 1                                           SUPPLEMENTARY INFORMATION: In
                                                Special Services*                                       accordance with the memorandum of
                                                                                                        January 20, 2017, from the Assistant to                DEPARTMENT OF COMMERCE
                                                Address Enhancement Services
                                                Greeting Cards, Gift Cards, and Stationery              the President and Chief of Staff, entitled             National Oceanic and Atmospheric
                                                International Ancillary Services                        ‘‘Regulatory Freeze Pending Review,’’ 1
                                                International Money Transfer Service—
                                                                                                                                                               Administration
                                                                                                        this action temporarily delays for 60
                                                     Outbound                                           days the effective date of the rule
                                                International Money Transfer Service—                                                                          50 CFR Part 622
                                                                                                        entitled ‘‘Civil Penalties,’’ published in
                                                     Inbound                                            the Federal Register on December 28,                   [Docket No. 160815740–6740–01]
                                                Premium Forwarding Service
                                                Shipping and Mailing Supplies
                                                                                                        2016, at 81 FR 95489. That rule                        RIN 0648–BG28
                                                Post Office Box Service                                 responded to a petition for
                                                Competitive Ancillary Services                          reconsideration from the Alliance of                   Fisheries of the Caribbean, Gulf of
                                                                                                        Automobile Manufacturers and the                       Mexico, and South Atlantic; Shrimp
                                                Nonpostal Services*
                                                                                                        Association of Global Automakers by                    Fishery of the Gulf of Mexico; Revision
                                                Advertising                                             delaying, until model year 2019, the
                                                Licensing of Intellectual Property other than                                                                  of Bycatch Reduction Device Testing
                                                                                                        implementation of inflationary                         Manual
                                                     Officially Licensed Retail Products
                                                     (OLRP)                                             adjustments to the Corporate Average
                                                                                                        Fuel Economy (CAFE) civil penalty rate.                AGENCY:  National Marine Fisheries
                                                Mail Service Promotion
                                                Officially Licensed Retail Products (OLRP)              These inflationary adjustments are                     Service, National Oceanic and
                                                Passport Photo Service                                  required by Congress as part of the                    Atmospheric Administration (NOAA),
                                                Photocopying Service                                    Federal Civil Penalties Inflation                      Commerce.
                                                Rental, Leasing, Licensing or other Non-Sale            Adjustment Improvements Act of 2015.                   ACTION: Stay of final rule.
                                                     Disposition of Tangible Property                      To the extent that 5 U.S.C. 553 is
                                                Training Facilities and Related Services                applicable, this action is exempt from                 SUMMARY:    In accordance with a January
                                                USPS Electronic Postmark (EPM) Program                  notice and comment because it                          20, 2017 memo from the White House,
                                                Market Tests*                                           constitutes a rule of procedure under 5                we the National Marine Fisheries
                                                Customized Delivery                                     U.S.C. 553(b)(3)(A). Alternatively,                    Service (NMFS) are staying the final
                                                Global eCommerce Marketplace (GeM)                      NHTSA’s implementation of this action                  rule we published on December 27,
                                                                                                        without opportunity for public                         2016 in order to delay its effective date.
                                                Stacy L. Ruble,
                                                                                                        comment, effective immediately upon                    DATES: Effective January 30, 2017, the
                                                Secretary.                                                                                                     final rule that published December 27,
                                                                                                        publication today in the Federal
                                                [FR Doc. 2017–01898 Filed 1–27–17; 8:45 am]             Register, is justified based on the good               2016, at 81 FR 95056, is stayed until
                                                BILLING CODE 7710–FW–P                                  cause exceptions in 5 U.S.C.                           March 21, 2017.
                                                                                                        553(b)(3)(B) and 553(d)(3). Seeking                    FOR FURTHER INFORMATION CONTACT:
                                                                                                        public comment is impracticable,                       Susan Gerhart, NMFS Southeast
                                                DEPARTMENT OF TRANSPORTATION                            unnecessary, and contrary to the public                Regional Office, telephone: 727–824–
                                                                                                        interest. The temporary 60-day delay in                5305, email: susan.gerhart@noaa.gov.
                                                National Highway Traffic Safety                         effective date is necessary to give                    SUPPLEMENTARY INFORMATION: On
                                                Administration                                          Department officials the opportunity for               December 27, 2016, NMFS published
                                                                                                        further review and consideration of new                this final rule making administrative
                                                49 CFR Part 578                                         regulations, consistent with the                       revisions to the Bycatch Reduction
                                                [Docket No. NHTSA–2016–0136]                            Assistant to the President’s                           Device Testing Manual. The revisions
                                                                                                        memorandum of January 20, 2017.                        were made in accordance with the
                                                RIN 2127–AL82                                           Given the imminence of the effective                   framework procedures for adjusting
                                                                                                        date, seeking prior public comment on                  management measures of the Fishery
                                                Civil Penalties
                                                                                                        this temporary delay would have been                   Management Plan for the Shrimp
                                                AGENCY:  National Highway Traffic                       impractical, as well as contrary to the                Fishery of the Gulf of Mexico. These
                                                Safety Administration (NHTSA),                          public interest in the orderly                         changes to management measures do
                                                Department of Transportation (DOT).                     promulgation and implementation of                     not add to or change any existing
                                                ACTION: Final rule; delay of effective                  regulations. The imminence of effective                Federal regulations. Therefore, no
                                                date.                                                   date is also good cause for making this                codified text is associated with these
                                                                                                        action effective immediately upon                      changes to management measures.
mstockstill on DSK3G9T082PROD with RULES




                                                SUMMARY:   This action temporarily                      publication.                                              On January 20, 2017, the White House
                                                delays for 60 days the effective date of                   Authority: Pub. L. 101–410, Pub. L.                 issued a memo instructing Federal
                                                the rule entitled ‘‘Civil Penalties,’’                  104–134, Pub. L. 109–59, Pub. L. 114–                  agencies to temporarily postpone the
                                                published in the Federal Register on                                                                           effective date for 60 days after January
                                                                                                          1 Available at https://www.whitehouse.gov/the-
                                                December 28, 2016.                                                                                             20, 2017, of any regulations or guidance
                                                                                                        press-office/2017/01/20/memorandum-heads-
                                                DATES: Effective January 25, 2017. The                  executive-departments-and-agencies (last accessed      documents that have published in the
                                                effective date of the rule amending 49                  Jan. 24, 2017).                                        Federal Register but not yet taken effect,


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Document Created: 2017-01-28 01:25:56
Document Modified: 2017-01-28 01:25:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; delay of effective date.
DatesEffective January 25, 2017. The effective date of the rule amending 49 CFR part 578 published at 81 FR 95489, December 28, 2016 is delayed until March 28, 2017.
ContactFor legal issues, contact Rebecca Schade, Office of Chief Counsel, at (202) 366-2992. For non-legal issues, contact John Finneran, Office of Vehicle Safety Compliance, at (202) 366-5289.
FR Citation82 FR 8694 
RIN Number2127-AL82

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