Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits, 27766-27768 [2014-10981]
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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
Citation
State effective
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Explanation
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Chapter 31—Nonattainment Areas
567–31.1 ......
Permit Requirements Relating to
Nonattainment Areas.
1/15/2014
567–31.2 ......
Conformity of General Federal Actions to the Iowa SIP or Federal
Implementation Plan.
Nonattainment new source review
requirements for areas designated nonattainment on or after
May 18, 1998.
Preconstruction Review Permit Program.
1/15/2014
567–31.3 ......
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Actual PALs ....................................
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Validity of Rules ..............................
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Special requirements for nonattainment areas designated before
May 18, 1998.
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Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
567–33.1 ......
Purpose ...........................................
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[FR Doc. 2014–11088 Filed 5–14–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 385
[Docket No. FMCSA–2014–0135]
RIN 2126–AB73
TKELLEY on DSK3SPTVN1PROD with RULES
Incorporation by Reference; North
American Standard Out-of-Service
Criteria; Hazardous Materials Safety
Permits
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends its
Hazardous Materials Safety Permits
rules to update the current
incorporation by reference of the ‘‘North
SUMMARY:
VerDate Mar<15>2010
16:15 May 14, 2014
1/15/2014
Jkt 232001
5/15/2014 [insert Federal Register
page number where the document begins].
*
*
American Standard Out-of-Service
Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR Part 173.403.’’ Currently the rules
reference the April 1, 2013, edition of
the out-of-service criteria and through
this final rule, FMCSA incorporates the
April 1, 2014, edition.
DATES: Effective May 15, 2014. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51 as of May 15,
2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Brian Routhier, Mechanical Engineer,
Federal Motor Carrier Safety
Administration, Office of Policy, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001, by telephone at (202)
366–1225 or via email brian.routhier@
dot.gov. Office hours are from 8 a.m. to
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
*
*
4:30 p.m., Monday through Friday,
except Federal holidays. If you have
questions on viewing the docket,
contact Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This rulemaking updates an
incorporation by reference found at 49
CFR 385.4 and referenced at 49 CFR
385.415(b)(1). The rules currently
reference the April 1, 2013, edition of
‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR Part 173.403.’’ In this final rule,
FMCSA incorporates the April 1, 2014,
edition. The revision does not impose
new requirements or substantively
amend the Code of Federal Regulations.
E:\FR\FM\15MYR1.SGM
15MYR1
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations
II. Legal Basis for the Rulemaking
Congress has enacted several statutory
provisions to improve the safety of
hazardous materials transported in
interstate commerce. Specifically, in
provisions codified at 49 U.S.C. 5105(e),
relating to inspections of motor vehicles
carrying hazardous material, and 49
U.S.C. 5109, relating to motor carrier
safety permits, it has required the
Secretary of the Department of
Transportation to promulgate
regulations as part of a comprehensive
safety program on hazardous material
safety permits. The FMCSA
Administrator has been delegated
authority under 49 CFR 1.87 to carry out
the rulemaking functions vested in the
Secretary of Transportation.
Subsequently, FMCSA has promulgated
regulations to address the congressional
mandate. Such regulations on hazardous
materials are the underlying provisions
that have utilized the material
incorporated by reference discussed in
this notice.
The Administrative Procedure Act
(APA) (5 U.S.C. 553) specifically
provides that adherence to its notice
and public comment rulemaking
procedures are not required where the
Agency finds there is good cause (and
incorporates the finding and a brief
statement of reasons to support the
finding in the rules issued) to dispense
with such procedures. Generally, good
cause exists where the Agency
determines that notice and public
comment procedures are impracticable,
unnecessary, or contrary to the public
interest. Ibid. This document updates an
incorporation by reference found at 49
CFR 385.4 and referenced at 49 CFR
385.415(b)(1). The revision does not
impose new requirements or
substantively change the Code of
Federal Regulations. For these reasons,
the FMCSA finds good cause that notice
and public comment procedures are
unnecessary.
TKELLEY on DSK3SPTVN1PROD with RULES
III. Background
Currently, 49 CFR 385.415 prescribes
operational requirements for motor
carriers transporting hazardous
materials for which a hazardous
materials safety permit is required.
Section 385.415(b)(1) requires that
motor carriers must ensure a pre-trip
inspection be performed on each motor
vehicle to be used to transport a
highway route controlled quantity of a
Class 7 (radioactive) material, in
accordance with the requirements of the
‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
VerDate Mar<15>2010
16:15 May 14, 2014
Jkt 232001
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR Parts 173.403.’’ With regard to the
specific edition of the out-of-service
criteria, 49 CFR 385.4, as amended on
September 13, 2013 (78 FR 56618), and
September 24, 2013 (78 FR 58481),
references the April 1, 2013, edition.
Specifically, today’s final rule amends
§ 385.4(b) by replacing the reference to
the April 1, 2013, edition date with the
new edition date of April 1, 2014.
FMCSA reviewed the April 1, 2014,
edition and determined there are no
substantive changes that would result in
motor carriers being subjected to a new
or amended standard. It is necessary to
update the reference to ensure that
motor carriers and enforcement officials
have convenient access to the correctly
identified inspection criteria that are
referenced in the rules.
IV. Regulatory Analyses
Executive Order (E.O.) 12866
(Regulatory Planning and Review and
DOT Regulatory Policies and Procedures
as Supplemented by E.O. 13563)
FMCSA has determined that this
action is not a significant regulatory
action within the meaning of E.O.
12866, as supplemented by E.O. 13563
(76 FR 3821, January 18, 2011), or
within the meaning of the DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979). FMCSA
expects the final rule will have no costs;
therefore, a full regulatory evaluation is
unnecessary. The Office of Management
and Budget (OMB) did not, therefore,
review this document.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (RFA) of 1980 (5 U.S.C. 601 et seq.),
as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104–121, 110 Stat. 857),
FMCSA is not required to prepare a
final regulatory flexibility analysis
under 5 U.S.C. 604(a) for this final rule
because the Agency has not issued a
notice of proposed rulemaking prior to
this action. FMCSA has determined that
it has good cause to adopt the rule
without notice and comment.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), FMCSA wants to assist small
entities in understanding this proposed
rule so that they can better evaluate its
effects on them and participate in the
rulemaking initiative. If the proposed
rule would affect your small business,
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
27767
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please consult the FMCSA
point of contact, Brian Routhier, listed
in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule.
Unfunded Mandates Reform Act of 1995
The final rule will not impose an
unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1532, et seq.), that will
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $151 million
(which is the 2012 inflation-adjusted
value of the 1995 threshold of $100
million) or more in any 1 year.
E.O. 13132 (Federalism)
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on State or
local governments and would either
preempt State law or impose a
substantial direct cost of compliance on
States or localities. FMCSA analyzed
this rule under that Order and has
determined that it does not have
implications for federalism.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O.
12372 regarding intergovernmental
consultation on Federal programs and
activities do not apply to this rule.
E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would 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.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval
from the OMB for each collection of
information they conduct, sponsor, or
require through regulations. FMCSA
determined that no new information
collection requirements are associated
with this final rule.
National Environmental Policy Act
FMCSA analyzed this final rule for
the purpose of ascertaining the
applicability of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and our
Environmental Procedures Order
E:\FR\FM\15MYR1.SGM
15MYR1
27768
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations
5610.1, issued March 1, 2004 (69 FR
9680). This final rule is categorically
excluded from further analysis and
documentation under the Categorical
Exclusion (CE) in paragraph 6(b) of
Appendix 2 of FMCSA Order 5610.1.
This CE addresses minor revisions such
as found in this rulemaking; therefore
preparation of an environmental
assessment or environmental impact
statement is not necessary.
The 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 will
have no effect on air emissions.
E.O. 12898 (Environmental Justice)
FMCSA evaluated the environmental
effects of this final rule in accordance
with E.O. 12898 and determined that
there are no environmental justice
issues associated with its provisions nor
any collective environmental impact
resulting from its promulgation.
Environmental justice issues would be
raised if there were a ‘‘disproportionate’’
and ‘‘high and adverse impact’’ on
minority or low-income populations.
FMCSA analyzed this action under
NEPA and found the action to be
categorically excluded from analysis
due to the lack of impact to the
environment. This final rule simply
updates an incorporation by reference
and would not result in high and
adverse environmental impacts.
E.O. 13211 (Energy Effects)
FMCSA has analyzed this rule under
E.O. 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
FMCSA has determined that it is not a
‘‘significant energy action’’ under that
E.O. because it is not a ‘‘significant
regulatory action’’ under E.O. 12866 and
is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy. Therefore,
the rule does not require a Statement of
Energy Effects under E.O. 13211.
TKELLEY on DSK3SPTVN1PROD with RULES
E.O. 13045 (Protection of Children)
FMCSA analyzed this action under
E.O. 13045, Protection of Children from
Environmental Health Risks and Safety
Risks. FMCSA determined that this final
rule will not create an environmental
risk to health or safety that may
disproportionately affect children. In
addition, it is not an economically
significant rule, and no such analysis is
therefore required.
VerDate Mar<15>2010
16:15 May 14, 2014
Jkt 232001
E.O. 12988 (Civil Justice Reform)
This action 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.
In consideration of the foregoing,
FMCSA is amending 49 CFR chapter III,
part 385 as set forth below:
E.O. 12630 (Taking of Private Property)
This rule will not effect a taking of
private property or otherwise have
taking implications under E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights.
■
National Technology Transfer and
Advancement Act
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) requires Federal agencies
proposing to adopt technical standards
to consider whether voluntary
consensus standards are available. If the
Agency chooses to adopt its own
standards in place of existing voluntary
consensus standards, it must explain its
decision in a separate statement to
OMB. Because FMCSA does not intend
to adopt its own technical standards,
there is no need to submit a separate
statement to OMB on this matter.
■
E-Government Act of 2002
The E-Government Act of 2002,
Public Law 107–347, § 208, 116 Stat.
2899, 2921 (Dec. 17, 2002), requires
Federal agencies to conduct a privacy
impact assessment 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 rule. As a result, FMCSA has not
conducted a privacy impact assessment.
Privacy Impact Assessment
Section 522(a)(5) of the
Transportation, Treasury, Independent
Agencies, and General Government
Appropriations Act, 2005 (Pub. L. 108–
447, Division H, Title I, 118 Stat. 2809
at 3268, Dec. 8, 2004) requires DOT and
certain other Federal agencies to
conduct a privacy impact assessment of
each rule that will affect the privacy of
individuals. Because this final rule will
not affect the privacy of individuals,
FMCSA did not conduct a privacy
impact assessment.
List of Subjects in 49 CFR Part 385
Administrative practice and
procedure, Highway safety,
Incorporation by reference, Mexico,
Motor carriers, Motor vehicle safety,
Reporting and recordkeeping
requirements.
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PART 385—SAFETY FITNESS
PROCEDURES
1. The authority citation for part 385
is revised to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b),
5105(e), 5109, 13901–13905, 31133, 31135,
31136, 31137(a), 31144, 31148, and 31502;
Sec. 113(a), Pub. L. 103–311; Sec. 408, Pub.
L. 104–88; Sec. 350 of Pub. L. 107–87; and
49 CFR 1.87.
2. Revise § 385.4(b)(1) to read as
follows:
§ 385.4
Matter incorporated by reference.
(a) * * *
(b) * * *
(1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR Part 173.403,’’ April 1, 2014;
incorporation by reference approved for
§ 385.415(b).
*
*
*
*
*
Issued under the authority of delegation in
49 CFR 1.87 on: May 5, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–10981 Filed 5–14–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140416344–4344–01]
RIN 0648–BE18
Emergency Rule To Revise the
Recreational Accountability Measures
and Revise the 2014 Recreational
Fishing Season for Red Snapper in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Emergency rule.
AGENCY:
NMFS issues this emergency
rule to revise the recreational
accountability measures (AMs) by
establishing a recreational annual catch
target (ACT), and revise the 2014
recreational fishing season for red
snapper in the exclusive economic zone
SUMMARY:
E:\FR\FM\15MYR1.SGM
15MYR1
]]>Agencies
[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Rules and Regulations]
[Pages 27766-27768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10981]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 385
[Docket No. FMCSA-2014-0135]
RIN 2126-AB73
Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA amends its Hazardous Materials Safety Permits rules to
update the current incorporation by reference of the ``North American
Standard Out-of-Service Criteria and Level VI Inspection Procedures and
Out-of-Service Criteria for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities of Radioactive
Materials as defined in 49 CFR Part 173.403.'' Currently the rules
reference the April 1, 2013, edition of the out-of-service criteria and
through this final rule, FMCSA incorporates the April 1, 2014, edition.
DATES: Effective May 15, 2014. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51 as of May 15, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Brian Routhier, Mechanical
Engineer, Federal Motor Carrier Safety Administration, Office of
Policy, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by
telephone at (202) 366-1225 or via email brian.routhier@dot.gov. Office
hours are from 8 a.m. to 4:30 p.m., Monday through Friday, except
Federal holidays. If you have questions on viewing the docket, contact
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This rulemaking updates an incorporation by reference found at 49
CFR 385.4 and referenced at 49 CFR 385.415(b)(1). The rules currently
reference the April 1, 2013, edition of ``North American Standard Out-
of-Service Criteria and Level VI Inspection Procedures and Out-of-
Service Criteria for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities of Radioactive
Materials as defined in 49 CFR Part 173.403.'' In this final rule,
FMCSA incorporates the April 1, 2014, edition. The revision does not
impose new requirements or substantively amend the Code of Federal
Regulations.
[[Page 27767]]
II. Legal Basis for the Rulemaking
Congress has enacted several statutory provisions to improve the
safety of hazardous materials transported in interstate commerce.
Specifically, in provisions codified at 49 U.S.C. 5105(e), relating to
inspections of motor vehicles carrying hazardous material, and 49
U.S.C. 5109, relating to motor carrier safety permits, it has required
the Secretary of the Department of Transportation to promulgate
regulations as part of a comprehensive safety program on hazardous
material safety permits. The FMCSA Administrator has been delegated
authority under 49 CFR 1.87 to carry out the rulemaking functions
vested in the Secretary of Transportation. Subsequently, FMCSA has
promulgated regulations to address the congressional mandate. Such
regulations on hazardous materials are the underlying provisions that
have utilized the material incorporated by reference discussed in this
notice.
The Administrative Procedure Act (APA) (5 U.S.C. 553) specifically
provides that adherence to its notice and public comment rulemaking
procedures are not required where the Agency finds there is good cause
(and incorporates the finding and a brief statement of reasons to
support the finding in the rules issued) to dispense with such
procedures. Generally, good cause exists where the Agency determines
that notice and public comment procedures are impracticable,
unnecessary, or contrary to the public interest. Ibid. This document
updates an incorporation by reference found at 49 CFR 385.4 and
referenced at 49 CFR 385.415(b)(1). The revision does not impose new
requirements or substantively change the Code of Federal Regulations.
For these reasons, the FMCSA finds good cause that notice and public
comment procedures are unnecessary.
III. Background
Currently, 49 CFR 385.415 prescribes operational requirements for
motor carriers transporting hazardous materials for which a hazardous
materials safety permit is required. Section 385.415(b)(1) requires
that motor carriers must ensure a pre-trip inspection be performed on
each motor vehicle to be used to transport a highway route controlled
quantity of a Class 7 (radioactive) material, in accordance with the
requirements of the ``North American Standard Out-of-Service Criteria
and Level VI Inspection Procedures and Out-of-Service Criteria for
Commercial Highway Vehicles Transporting Transuranics and Highway Route
Controlled Quantities of Radioactive Materials as defined in 49 CFR
Parts 173.403.'' With regard to the specific edition of the out-of-
service criteria, 49 CFR 385.4, as amended on September 13, 2013 (78 FR
56618), and September 24, 2013 (78 FR 58481), references the April 1,
2013, edition. Specifically, today's final rule amends Sec. 385.4(b)
by replacing the reference to the April 1, 2013, edition date with the
new edition date of April 1, 2014.
FMCSA reviewed the April 1, 2014, edition and determined there are
no substantive changes that would result in motor carriers being
subjected to a new or amended standard. It is necessary to update the
reference to ensure that motor carriers and enforcement officials have
convenient access to the correctly identified inspection criteria that
are referenced in the rules.
IV. Regulatory Analyses
Executive Order (E.O.) 12866 (Regulatory Planning and Review and DOT
Regulatory Policies and Procedures as Supplemented by E.O. 13563)
FMCSA has determined that this action is not a significant
regulatory action within the meaning of E.O. 12866, as supplemented by
E.O. 13563 (76 FR 3821, January 18, 2011), or within the meaning of the
DOT Regulatory Policies and Procedures (44 FR 11034, February 26,
1979). FMCSA expects the final rule will have no costs; therefore, a
full regulatory evaluation is unnecessary. The Office of Management and
Budget (OMB) did not, therefore, review this document.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C.
601 et seq.), as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not
required to prepare a final regulatory flexibility analysis under 5
U.S.C. 604(a) for this final rule because the Agency has not issued a
notice of proposed rulemaking prior to this action. FMCSA has
determined that it has good cause to adopt the rule without notice and
comment.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), FMCSA wants to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking
initiative. If the proposed rule would 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, Brian Routhier, listed in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule.
Unfunded Mandates Reform Act of 1995
The final rule will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $151
million (which is the 2012 inflation-adjusted value of the 1995
threshold of $100 million) or more in any 1 year.
E.O. 13132 (Federalism)
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on States or localities. FMCSA analyzed this
rule under that Order and has determined that it does not have
implications for federalism.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
rule.
E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it would 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.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the OMB for each
collection of information they conduct, sponsor, or require through
regulations. FMCSA determined that no new information collection
requirements are associated with this final rule.
National Environmental Policy Act
FMCSA analyzed this final rule for the purpose of ascertaining the
applicability of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and our Environmental Procedures Order
[[Page 27768]]
5610.1, issued March 1, 2004 (69 FR 9680). This final rule is
categorically excluded from further analysis and documentation under
the Categorical Exclusion (CE) in paragraph 6(b) of Appendix 2 of FMCSA
Order 5610.1. This CE addresses minor revisions such as found in this
rulemaking; therefore preparation of an environmental assessment or
environmental impact statement is not necessary.
The 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 will have no effect on air emissions.
E.O. 12898 (Environmental Justice)
FMCSA evaluated the environmental effects of this final rule in
accordance with E.O. 12898 and determined that there are no
environmental justice issues associated with its provisions nor any
collective environmental impact resulting from its promulgation.
Environmental justice issues would be raised if there were a
``disproportionate'' and ``high and adverse impact'' on minority or
low-income populations. FMCSA analyzed this action under NEPA and found
the action to be categorically excluded from analysis due to the lack
of impact to the environment. This final rule simply updates an
incorporation by reference and would not result in high and adverse
environmental impacts.
E.O. 13211 (Energy Effects)
FMCSA has analyzed this rule under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. FMCSA has determined that it is not a ``significant energy
action'' under that E.O. because it is not a ``significant regulatory
action'' under E.O. 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Therefore, the rule does not require a Statement of Energy Effects
under E.O. 13211.
E.O. 13045 (Protection of Children)
FMCSA analyzed this action under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. FMCSA determined that
this final rule will not create an environmental risk to health or
safety that may disproportionately affect children. In addition, it is
not an economically significant rule, and no such analysis is therefore
required.
E.O. 12988 (Civil Justice Reform)
This action 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.
E.O. 12630 (Taking of Private Property)
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires Federal agencies proposing to adopt technical standards
to consider whether voluntary consensus standards are available. If the
Agency chooses to adopt its own standards in place of existing
voluntary consensus standards, it must explain its decision in a
separate statement to OMB. Because FMCSA does not intend to adopt its
own technical standards, there is no need to submit a separate
statement to OMB on this matter.
E-Government Act of 2002
The E-Government Act of 2002, Public Law 107-347, Sec. 208, 116
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct
a privacy impact assessment 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 rule.
As a result, FMCSA has not conducted a privacy impact assessment.
Privacy Impact Assessment
Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004)
requires DOT and certain other Federal agencies to conduct a privacy
impact assessment of each rule that will affect the privacy of
individuals. Because this final rule will not affect the privacy of
individuals, FMCSA did not conduct a privacy impact assessment.
List of Subjects in 49 CFR Part 385
Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, FMCSA is amending 49 CFR chapter
III, part 385 as set forth below:
PART 385--SAFETY FITNESS PROCEDURES
0
1. The authority citation for part 385 is revised to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901-
13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88; Sec. 350 of Pub.
L. 107-87; and 49 CFR 1.87.
0
2. Revise Sec. 385.4(b)(1) to read as follows:
Sec. 385.4 Matter incorporated by reference.
(a) * * *
(b) * * *
(1) ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR Part
173.403,'' April 1, 2014; incorporation by reference approved for Sec.
385.415(b).
* * * * *
Issued under the authority of delegation in 49 CFR 1.87 on: May
5, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-10981 Filed 5-14-14; 8:45 am]
BILLING CODE 4910-EX-P
