Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators, 23516-23517 [2017-10556]

Download as PDF 23516 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. jstallworth on DSK7TPTVN1PROD with RULES F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a permanent safety zone in a small section of the Lower Niagara River. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your VerDate Sep<11>2014 13:41 May 22, 2017 Jkt 241001 message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. In § 165.902, revise the section heading and add paragraph (b) to read as follows: ■ § 165.902 Safety Zone; Lower Niagara River at Niagara Falls, New York. * * * * * (b) The following is a safety zone— The United States waters of the Lower Niagara River, Niagara Falls, NY from a straight line drawn from position 43°07′10.70″ N., 079°04′02.32″ W. (NAD 83) and 43°07′09.41″ N., 079°04′05.41″ W. (NAD 83) just south of the whirlpool rapids from the east side of the river to the international border of the United States, to a straight line drawn from position 43°06′34.01″ N., 079°03′28.04″ W. (NAD 83) and 43°06′33.52″ N., 079°03′30.42″ W. (NAD 83) at the International Railroad Bridge. Dated: April 20, 2017. J.S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2017–10469 Filed 5–22–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 380, 383, and 384 [FMCSA–2007–27748] RIN 2126–AB66 Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule; further delay of effective date. AGENCY: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review,’’ this action temporarily delays, until June 5, 2017, the effective date of the final rule titled ‘‘Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators,’’ initially effective on February 6, 2017. DATES: The effective date of the final rule published on December 8, 2016 (81 FR 88732), delayed to March 21, 2017 at 82 FR 8903 and then further delayed to May 22, 2017 at 82 FR 14476, is further delayed until June 5, 2017. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and Carrier Operations (MC–PSD) Division, FMCSA, 1200 New Jersey Ave. SE., Washington, DC 20590–0001, by telephone at 202–366–4325, or by email at MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: FMCSA bases this action on the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review’’ (the January 20, 2017, memorandum). That memorandum directed the heads of Executive Departments and Agencies to temporarily postpone for 60 days from the date of the memorandum the effective dates of certain regulations that had been published in the Federal Register, but had not yet taken effect. Because the original effective date of the final rule published on December 8, 2016, fell within that 60-day window, the effective date of the rule was extended to March 21, 2017, in a final rule published on February 1, 2017 (82 FR 8903). Consistent with the memorandum of the Assistant to the President and Chief of Staff, and as stated in the February 1, 2017, final rule delaying the effective date, the Agency further delayed the effective date of this regulation until May 22, 2017 (82 FR 14476, March 21, 2017). The Agency now delays the effective date until June 5, 2017. The Agency’s implementation of this action without opportunity for public comment is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3), in that seeking public comment is impracticable, unnecessary and contrary to the public interest. The delay in the effective date until June 5, 2017, is necessary to provide the opportunity for further review and consideration of this new regulation, consistent with the January 20, 2017, SUMMARY: E:\FR\FM\23MYR1.SGM 23MYR1 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations memorandum. Given the imminence of the effective date of the ‘‘Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators’’ final rule, seeking prior public comment on this temporary delay would be impractical, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. Issued under the authority of delegation in 49 CFR 1.87 on: May 18, 2017. John Van Steenburg, Assistant Administrator. [FR Doc. 2017–10556 Filed 5–19–17; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985–7181–02] RIN 0648–XF449 Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for sablefish by vessels using trawl gear in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2017 sablefish initial total allowable catch jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 13:41 May 22, 2017 Jkt 241001 (ITAC) in the Bering Sea subarea of the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 18, 2017, through 2400 hrs, A.l.t., December 31, 2017. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2017 sablefish trawl ITAC in the Bering Sea subarea of the BSAI is 541 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826; February 27, 2017). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2017 sablefish trawl ITAC in the Bering Sea subarea of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 350 mt, and is setting aside the remaining 191 mt as incidental catch. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed trawl fishing for sablefish in the Bering Sea subarea of the BSAI. After the effective date of this closure the maximum retainable amounts at PO 00000 Frm 00027 Fmt 4700 Sfmt 9990 23517 § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such a requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the directed fishing closure for sablefish by vessels using trawl gear in the Bering Sea subarea of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 17, 2017. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. May 18, 2017. Margo B. Schulze-Haugen, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–10528 Filed 5–18–17; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\23MYR1.SGM 23MYR1

Agencies

[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Rules and Regulations]
[Pages 23516-23517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10556]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[FMCSA-2007-27748]
RIN 2126-AB66


Minimum Training Requirements for Entry-Level Commercial Motor 
Vehicle Operators

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; further delay of effective date.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Presidential directive as expressed in 
the memorandum of January 20, 2017, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this 
action temporarily delays, until June 5, 2017, the effective date of 
the final rule titled ``Minimum Training Requirements for Entry-Level 
Commercial Motor Vehicle Operators,'' initially effective on February 
6, 2017.

DATES: The effective date of the final rule published on December 8, 
2016 (81 FR 88732), delayed to March 21, 2017 at 82 FR 8903 and then 
further delayed to May 22, 2017 at 82 FR 14476, is further delayed 
until June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations (MC-PSD) Division, FMCSA, 1200 New Jersey Ave. SE., 
Washington, DC 20590-0001, by telephone at 202-366-4325, or by email at 
MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: FMCSA bases this action on the Presidential 
directive as expressed in the memorandum of January 20, 2017, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Freeze Pending Review'' (the January 20, 2017, memorandum). That 
memorandum directed the heads of Executive Departments and Agencies to 
temporarily postpone for 60 days from the date of the memorandum the 
effective dates of certain regulations that had been published in the 
Federal Register, but had not yet taken effect. Because the original 
effective date of the final rule published on December 8, 2016, fell 
within that 60-day window, the effective date of the rule was extended 
to March 21, 2017, in a final rule published on February 1, 2017 (82 FR 
8903). Consistent with the memorandum of the Assistant to the President 
and Chief of Staff, and as stated in the February 1, 2017, final rule 
delaying the effective date, the Agency further delayed the effective 
date of this regulation until May 22, 2017 (82 FR 14476, March 21, 
2017). The Agency now delays the effective date until June 5, 2017.
    The Agency's implementation of this action without opportunity for 
public comment is based on the good cause exceptions in 5 U.S.C. 
553(b)(B) and 553(d)(3), in that seeking public comment is 
impracticable, unnecessary and contrary to the public interest. The 
delay in the effective date until June 5, 2017, is necessary to provide 
the opportunity for further review and consideration of this new 
regulation, consistent with the January 20, 2017,

[[Page 23517]]

memorandum. Given the imminence of the effective date of the ``Minimum 
Training Requirements for Entry-Level Commercial Motor Vehicle 
Operators'' final rule, seeking prior public comment on this temporary 
delay would be impractical, as well as contrary to the public interest 
in the orderly promulgation and implementation of regulations.

    Issued under the authority of delegation in 49 CFR 1.87 on: May 
18, 2017.
John Van Steenburg,
Assistant Administrator.
[FR Doc. 2017-10556 Filed 5-19-17; 4:15 pm]
BILLING CODE 4910-EX-P