Rescission of Quarterly Financial Reporting Requirements, 51705-51706 [2012-21021]
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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations
there is nothing inherent in a diesel
engine that compels use of the POP
Diesel product. Therefore, a standard
premised on that product’s use would
presuppose or require a market outcome
which need not occur and would be
infeasible and arbitrary.
Even if EPA were to assume that POP
Diesel’s claim of lifecycle emissions
reductions are valid, and considered
setting a vehicle emissions standard that
assumed or required use of the POP
Diesel technology and fuel, POP Diesel
admits this would in fact lead to an
increase in the actual GHG emissions
from the vehicle. The only decrease in
emissions would come from the claimed
reduction in lifecycle GHG emissions
that POP Diesel says would occur with
use of their fuel. That would amount to
adopting a vehicle emissions standard
to promote a vehicle technology that
does not reduce but instead increases
the GHG emissions of the vehicle. The
vehicle emissions standard would take
that approach solely as a mechanism to
mandate the use of a certain diesel fuel,
based on emissions impacts associated
with the fuel, not the vehicle. This
would dramatically distort the purpose
and structure of the vehicle emissions
standard program, largely turning it into
a de facto fuel program. There is no
good reason to consider such a result
here, especially where there already is
a separate fuel based program, the RFS
program, that is directly aimed at
achieving the result POP Diesel seeks—
a fuel program that achieves a reduction
in lifecycle GHG emissions associated
with the diesel fuel used by motor
vehicles, through a mandate to use
certain renewable diesel fuels.
A further reason this heavy-duty rule
does not regulate GHG emissions from
a lifecycle perspective, or include
explicit consideration of plant-based
fuels like the one utilized by POP
Diesel’s technology, is that it would no
longer be possible to establish
harmonized, performance-based tailpipe
GHG emissions standards (EPA) and
fuel efficiency standards (NHTSA). As
discussed throughout the final rule,
close coordination in this first heavyduty rule enabled EPA and NHTSA to
promulgate complementary standards
that appropriately allow manufacturers
to build one set of vehicles to comply
with both agencies’ regulations. See,
e.g., 76 FR at 57107–108. This
coordination was advocated by the
President, id., widely supported by
stakeholders, and provides benefits for
reflect a single means of generating electricity and
so differs from POP Diesel’s desired outcome,
which is fuel specific. See 75 FR 25326, 25436–37
(May 7, 2010).
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14:47 Aug 24, 2012
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industry, government, and taxpayers by
increasing regulatory efficiency and
reducing compliance burdens.
D. Fleet-Wide Average Standards
Finally, the petition maintains that
EPA should impose corporate fleet
averages for GHG emissions, asserting
that EPA did so only for medium-duty
engines and vehicles. Id. p. 23. In fact,
the standards are effectively corporate
averages. See EPA, Heavy-Duty Diesel
Greenhouse Gas Response to Comment
Document at p. 16–149—explaining that
the rule allows averaging, banking, and
trading of credits within the same
‘‘averaging set’’, which means a
manufacturer can comply through
averaging across (for example) all of its
vocational vehicles under 19,501
pounds GVWR; or all of its Class 6 and
7 vocational vehicles and tractors (that
is, between all vehicles above 19,500
pounds GVWR and less than 33,001
pounds GVWR); or between all vehicles
with GVWR greater than 33,000 pounds;
or within the engine averaging sets
(spark ignition engines, compressionignition light heavy-duty engines,
compression-ignition medium heavyduty engines, and compression-ignition
heavy heavy-duty engines). See sections
1036.740(a) and 1037.740(a). In any
case, this issue again was one which
was presented at proposal and
addressed in the final rule. See 75 FR at
74250–54 (proposal) and 76 FR at
57238–240 (final). Consequently, POP
Diesel has again failed to show why its
objection can be raised outside the
period for public comment, and in any
case is mistaken. CAA section
307(d)(7)(B).
Accordingly, because POP Diesel has
not stated grounds requiring or
justifying reconsideration under section
307(d)(7)(B) EPA is denying its petition.
Dated: August 17, 2012.
Lisa P. Jackson,
Administrator.
ACTION:
51705
Withdrawal of direct final rule.
FMCSA withdraws its June
27, 2012, direct final rule eliminating
the quarterly financial reporting
requirements for certain for-hire motor
carriers of property (Form QFR) and forhire motor carriers of passengers (Form
MP–1). After reviewing the adverse
comment received from SJ Consulting
Group in response to the direct final
rule, the agency has determined that it
would be inappropriate to allow the
direct final rule to take effect. The
FMCSA intends to publish a notice of
proposed rulemaking in the near future
proposing the elimination of the
quarterly financial reporting
requirements for Form QFR and Form
MP–1.
DATES: The direct final rule published at
77 FR 38211, June 27, 2012 is
withdrawn, effective August 27, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Vivian Oliver, Office of Research and
Information Technology, Federal Motor
Carrier Safety Administration, 1200
New Jersey Ave. SE., Washington, DC
20590; Telephone 202–366–2974; email
Vivian.Oliver@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Participation and Comments
A. Viewing Comments and Documents
To view comments, go to https://
www.regulations.gov/
#!docketDetail;D=FMCSA-2012-0020. If
you do not have access to the Internet,
you may also view the docket online by
visiting the Docket Management Facility
in Room W12–140 on the ground floor
of the Department of Transportation
West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
B. Privacy Act
Federal Motor Carrier Safety
Administration
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
49 CFR Part 369
II. Background
[Docket No. FMCSA–2012–0020]
On June 27, 2012, FMCSA published
a direct final rule proposing to eliminate
the quarterly financial reporting
requirements for certain for-hire motor
carriers of property (Form QFR) and forhire motor carriers of passengers (Form
MP–1), if no adverse comments were
received by July 27, 2012. After
[FR Doc. 2012–21032 Filed 8–24–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
RIN–2126–AB48
Rescission of Quarterly Financial
Reporting Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
PO 00000
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51706
Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations
reviewing the one set of adverse
comments received from SJ Consulting
Group, the agency has determined that
it would be inappropriate to allow the
direct final rule to take effect.
SJ Consulting Group stated that it uses
the quarterly financial information to
advise motor carriers, shippers, and
persons interested in buying motor
carriers. It argued that the quarterly
reports provide useful insight into the
U.S. trucking industry, such as
operating statistics that are not available
from other public sources, particularly
for private carriers. Although SJ
Consulting conceded that says some
data on general demand and pricing
trends are available from other sources,
it argued that quarterly data on the
profitability of carriers are essential in
providing safe and timely service to
shippers, estimating future growth rates,
and assessing opportunities for
profitable investment in the trucking
industry. SJ Consulting has used Form
QFR reports for these purposes for many
years.
FMCSA Response: SJ Consulting
submitted an adverse comment with an
explanation of why it disagrees with the
direct final rule. For this reason,
FMCSA withdraws the direct final rule
of June 27, 2012, based on the adverse
comments of SJ Consulting Group.
Issued on: August 15, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–21021 Filed 8–24–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 375
[Docket No. FMCSA–2011–0313]
RIN 2126–AB41
Transportation of Household Goods in
Interstate Commerce; Consumer
Protection Regulations: Household
Goods Motor Carrier Record Retention
Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Direct final rule; confirmation of
effective date.
pmangrum on DSK3VPTVN1PROD with RULES
AGENCY:
FMCSA confirms the effective
date for its July 16, 2012, direct final
rule concerning the period during
which household goods (HHG) motor
carriers must retain documentation of
an individual shipper’s waiver of
receipt of printed copies of consumer
SUMMARY:
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14:47 Aug 24, 2012
Jkt 226001
protection materials. The direct final
rule harmonized the retention period
with other document retention
requirements applicable to HHG motor
carriers. FMCSA also amended the
regulations to clarify that a HHG motor
carrier is not required to retain waiver
documentation from any individual
shippers for whom the carrier does not
actually provide services. The Agency
did not receive any comments in
response to the direct final rule and
confirms the November 13, 2012,
effective date of the rule.
DATES: The effective date for the direct
final rule published in the Federal
Register on July 16, 2012 (77 FR 41699),
is confirmed as November 13, 2012.
ADDRESSES: The docket for this
rulemaking (FMCSA–2011–0313) is
available for inspection at https://www.
regulations.gov/
#!docketDetail;D=FMCSA-2011-0313. If
you do not have access to the Internet,
you may also view the docket by
visiting the Docket Management Facility
in Room W12–140 on the ground floor
of the Department of Transportation
West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Brodie Mack, FMCSA, Household
Goods Team Leader, Commercial
Enforcement and Investigations Division
at (202) 385–2400 or by email at brodie.
mack@dot.gov.
SUPPLEMENTARY INFORMATION: On July
16, 2012, FMCSA published a direct
final rule amending its regulations at 49
CFR part 375. The rule reduced the
retention period in 49 CFR 375.213(e)(3)
from three years to one year for signed
receipts documenting an individual
shipper’s waiver of physical receipt of
the consumer protection publications
‘‘Your Rights and Responsibilities When
You Move,’’ and ‘‘Ready to Move?—
Tips for a Successful Interstate Move.’’
The change harmonized this
requirement with other requirements in
part 375 that require HHG motor carriers
to retain shipping documents for only
one year. The rule also clarified a HHG
motor carrier that obtains a signed
waiver from a shipper is required to
comply with the retention requirements
in § 375.213(e)(3) only if the carrier
actually provides moving services to the
shipper.
FMCSA used the Agency’s direct final
rule procedures (75 FR 29915, May 28,
2010) because it was a routine and
noncontroversial amendment, and the
Agency did not expect any adverse
comments. The direct final rule advised
the public that unless a written adverse
PO 00000
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comment, or a written notice of intent
to submit such an adverse comment,
was received by August 15, 2012, the
Agency would provide notice
confirming the effective date. Because
the Agency did not receive any
comments to the docket by August 15,
2012, the direct final rule will become
effective November 13, 2012.
Issued on: August 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–21031 Filed 8–24–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 383 and 390
[Docket No. FMCSA–2012–0156]
RIN 2126–AB53
Gross Combination Weight Rating
(GCWR); Definition
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Direct final rule; request for
comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA) amends
the definition of ‘‘gross combination
weight rating’’ (GCWR) in our
regulations. The definition currently
prescribes how the GCWR is calculated
if the vehicle manufacturer does not
include the information on the vehicle
certification label required by the
National Highway Traffic Safety
Administration (NHTSA). The Agency
has determined the definition should
not include what is essentially guidance
that is difficult for the motor carrier and
enforcement communities to use.
Therefore, FMCSA amends this
definition to state that the GCWR is the
value specified by the commercial
motor vehicle manufacturer.
DATES: This rule is effective October 26,
2012, unless an adverse comment or
notice of intent to submit an adverse
comment, is either submitted to our
online docket via https://
www.regulations.gov on or before
September 26, 2012 or reaches the
Docket Management Facility by that
date. If an adverse comment or notice of
intent to submit an adverse comment is
received by September 26, 2012, we will
withdraw this direct final rule and
publish a timely notice of withdrawal in
the Federal Register.
ADDRESSES: You may submit comments
identified by docket number FMCSA–
SUMMARY:
E:\FR\FM\27AUR1.SGM
27AUR1
Agencies
[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Rules and Regulations]
[Pages 51705-51706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21021]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 369
[Docket No. FMCSA-2012-0020]
RIN-2126-AB48
Rescission of Quarterly Financial Reporting Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Withdrawal of direct final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA withdraws its June 27, 2012, direct final rule
eliminating the quarterly financial reporting requirements for certain
for-hire motor carriers of property (Form QFR) and for-hire motor
carriers of passengers (Form MP-1). After reviewing the adverse comment
received from SJ Consulting Group in response to the direct final rule,
the agency has determined that it would be inappropriate to allow the
direct final rule to take effect. The FMCSA intends to publish a notice
of proposed rulemaking in the near future proposing the elimination of
the quarterly financial reporting requirements for Form QFR and Form
MP-1.
DATES: The direct final rule published at 77 FR 38211, June 27, 2012 is
withdrawn, effective August 27, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Vivian Oliver, Office of Research
and Information Technology, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590;
Telephone 202-366-2974; email Vivian.Oliver@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Comments
A. Viewing Comments and Documents
To view comments, go to https://www.regulations.gov/#!docketDetail;D=FMCSA-2012-0020. If you do not have access to the
Internet, you may also view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
B. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
II. Background
On June 27, 2012, FMCSA published a direct final rule proposing to
eliminate the quarterly financial reporting requirements for certain
for-hire motor carriers of property (Form QFR) and for-hire motor
carriers of passengers (Form MP-1), if no adverse comments were
received by July 27, 2012. After
[[Page 51706]]
reviewing the one set of adverse comments received from SJ Consulting
Group, the agency has determined that it would be inappropriate to
allow the direct final rule to take effect.
SJ Consulting Group stated that it uses the quarterly financial
information to advise motor carriers, shippers, and persons interested
in buying motor carriers. It argued that the quarterly reports provide
useful insight into the U.S. trucking industry, such as operating
statistics that are not available from other public sources,
particularly for private carriers. Although SJ Consulting conceded that
says some data on general demand and pricing trends are available from
other sources, it argued that quarterly data on the profitability of
carriers are essential in providing safe and timely service to
shippers, estimating future growth rates, and assessing opportunities
for profitable investment in the trucking industry. SJ Consulting has
used Form QFR reports for these purposes for many years.
FMCSA Response: SJ Consulting submitted an adverse comment with an
explanation of why it disagrees with the direct final rule. For this
reason, FMCSA withdraws the direct final rule of June 27, 2012, based
on the adverse comments of SJ Consulting Group.
Issued on: August 15, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-21021 Filed 8-24-12; 8:45 am]
BILLING CODE 4910-EX-P