Promoting Energy Independence and Economic Growth; Request for Information, 31396-31397 [2017-14100]
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31396
Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices
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to the permit holders, it discriminates
against interstate commerce.
Furthermore, there is no evidence that
a more finely graduated fee would pose
genuine administrative burdens on the
City. PHMSA therefore finds that the
FDNY’s permit fee is not fair and is
preempted.
2. The ‘‘Used For’’ Test
Under the HMTA, a State, political
subdivision of a State, or Indian tribe
may impose a fee related to transporting
hazardous material, but only if the fee
is used for a purpose related to
transporting hazardous material,
including enforcement and planning,
developing, and maintaining a
capability for emergency response. 49
U.S.C. 5125(f)(1). Therefore, nonFederal fees that are collected in
relation to the transportation of
hazardous materials must be used for a
related purpose; otherwise they are
preempted. PD–22, New Mexico
Requirements for the Transportation of
Liquefied Petroleum Gas, 67 FR 59386
(Sept. 20, 2002); PD–18 at 81959; PD–21
at 54479.
In prior preemption determinations,
PHMSA has acknowledged that a State,
political subdivision of a State, or
Indian tribe does not have to create and
maintain a separate account for fees
related to the transportation of
hazardous materials. However, ‘‘[i]f the
[non-Federal entity] prefers not to create
and maintain a separate fund for fees
paid . . . then it must show that it is
actually spending these fees on the
purposes permitted by the law. In this
area where only the [non-Federal entity]
has the information concerning where
these funds are spent, more specific
accounting is required.’’ PD–21 at
54479.
FDNY acknowledged that the revenue
it receives through its permit program is
put into a general City fund; which is
permissible, provided it can show the
funds are used for purposes related to
the transportation of hazardous
materials. FDNY believes that the
revenue is used for permitted purposes
because it contributes to the cost of
staffing, training, and equipping its
HCU. However, FDNY also indicated
that the inspection fee largely covers the
cost of the inspection and the
administrative processing of the permit.
Here, apart from general statements
about how the revenue is used, FDNY
does not provide specific figures.
FDNY’s failure to provide definitive
information on the allocation of permit
revenues is not sufficient to refute
ATA’s direct challenge of the permit fee
on the grounds that FDNY has not
sufficiently accounted for revenues
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generated by its hazardous materials
registration program. Therefore, without
any evidence from FDNY on how it uses
the permit fees that it collects, PHMSA
cannot find that the fees are used for
purposes related to hazardous materials
transportation, and thus, FDNY’s permit
fee is preempted under the ‘‘used for’’
test.
PHMSA’s Chief Counsel on the petition
for reconsideration will be PHMSA’s
final action. 49 CFR 107.211(d).
Issued in Washington, DC, on June 29,
2017.
Vasiliki Tsaganos,
Acting Chief Counsel.
[FR Doc. 2017–14147 Filed 7–5–17; 8:45 am]
BILLING CODE 4910–60–P
III. Ruling
Inspection and Permit Requirement—
PHMSA finds that FDNY’s permit and
inspection requirements, FC 2707.4 and
105.6 (transportation of hazardous
materials), create an obstacle to
accomplishing and carrying out the
HMR’s prohibition against unnecessary
delays in the transportation of
hazardous materials on vehicles based
outside of the inspecting jurisdiction.
Accordingly, the HMTA preempts
FDNY’s permit and inspection
requirements with respect to vehicles
based outside the inspecting
jurisdiction. PHMSA, however, finds
that the HMTA does not preempt
FDNY’s permit and inspection
requirements with respect to motor
vehicles that are based within the
inspecting jurisdiction.
Permit Fee—PHMSA finds that FDNY
has not shown that the fee it imposes
with respect to its permit and inspection
requirements is ‘‘fair’’ or ‘‘used for a
purpose related to transporting
hazardous material,’’ as required by 49
U.S.C. 5125(f)(1). Accordingly, the
HMTA preempts FDNY’s permit fee
requirement.
IV. Petition for Reconsideration/
Judicial Review
In accordance with 49 CFR
107.211(a), any person aggrieved by this
decision may file a petition for
reconsideration within 20 days of
publication of this decision in the
Federal Register. A petition for judicial
review of a final preemption
determination must be filed in the
United States Court of Appeals for the
District of Columbia or in the Court of
Appeals for the United States for the
circuit in which the petitioner resides or
has its principal place of business,
within 60 days after the determination
becomes final. 49 U.S.C. 5127(a).
This decision will become PHMSA’s
final decision 20 days after publication
in the Federal Register if no petition for
reconsideration is filed within that time.
The filing of a petition for
reconsideration is not a prerequisite to
seeking judicial review of this decision
under 49 U.S.C. 5127(a).
If a petition for reconsideration is
filed within 20 days of publication in
the Federal Register, the action by
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DEPARTMENT OF THE TREASURY
Promoting Energy Independence and
Economic Growth; Request for
Information
Department of the Treasury.
Request for information.
AGENCY:
ACTION:
Through this request for
information, the Department of the
Treasury is soliciting input from the
public on implementation and
compliance with Executive Order
13783, Promoting Energy Independence
and Economic Growth.
DATES: Comment due date: July 14,
2017.
SUMMARY:
Interested persons are
invited to submit comments in response
to this notice according to the
instructions below. All submissions
must refer to the document title.
Treasury encourages the early
submission of comments.
Electronic Submission of Comments.
Interested persons must submit
comments electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt, and enables the Department to
make comments available to the public.
Comments submitted electronically
through the https://www.regulations.gov
Web site can be viewed by other
commenters and interested members of
the public. Commenters should follow
the instructions provided on that site to
submit comments electronically.
Public Inspection of Comments. In
general, all properly submitted
comments will be available for
inspection and downloading at https://
www.regulations.gov.
Additional Instructions. In general,
comments received, including
attachments and other supporting
materials, are part of the public record
and are made available to the public. Do
not enclose any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
ADDRESSES:
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Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices
FOR FURTHER INFORMATION CONTACT:
Heidi Cohen, Office of the General
Counsel at 202–622–1142.
Executive
Order 13783, published on March 28,
2017, states that it is in the national
interest to promote clean and safe
development of energy resources, while
at the same time avoiding regulatory
burdens that unnecessarily encumber
energy production, constrain economic
growth, and prevent job creation.
Section 2 of the Order requires the head
of each executive department and
agency to review all of the agency’s
existing regulations, orders, guidance
documents, policies, and any other
similar agency actions that potentially
burden the development or use of
sradovich on DSK3GMQ082PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:13 Jul 05, 2017
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domestically produced energy
resources, with particular attention to
oil, natural gas, coal, and nuclear energy
resources.
The Department of the Treasury,
pursuant to Executive Order 13783, is
undertaking a review of its regulatory,
subregulatory, and other policy
documents that could potentially
burden the safe, efficient development
of domestic energy resources. To assist
in this effort, the Department invites
members of the public to submit views
or recommendations on those items,
including regulations, forms, policies,
orders, and related documents, the
removal or modification of which could
reduce burdens as outlined in the
Executive Order. Comments should
include specific references to form
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31397
numbers, citations, or other identifiers
and should include a description of the
burden imposed and how it could best
be addressed (e.g., through repeal,
modification, streamlining efforts,
regulatory flexibilities, etc.).
The Department advises that this
notice and request for comments is
issued for information and policy
development purposes. Although the
Department encourages responses to
this notice, such comments do not bind
the Department to take any further
actions related to the submission.
Dated: June 27, 2017.
Brian Callanan,
Acting General Counsel.
[FR Doc. 2017–14100 Filed 7–5–17; 8:45 am]
BILLING CODE 4810–25–P
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Agencies
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Notices]
[Pages 31396-31397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14100]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Promoting Energy Independence and Economic Growth; Request for
Information
AGENCY: Department of the Treasury.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: Through this request for information, the Department of the
Treasury is soliciting input from the public on implementation and
compliance with Executive Order 13783, Promoting Energy Independence
and Economic Growth.
DATES: Comment due date: July 14, 2017.
ADDRESSES: Interested persons are invited to submit comments in
response to this notice according to the instructions below. All
submissions must refer to the document title. Treasury encourages the
early submission of comments.
Electronic Submission of Comments. Interested persons must submit
comments electronically through the Federal eRulemaking Portal at
https://www.regulations.gov. Electronic submission of comments allows
the commenter maximum time to prepare and submit a comment, ensures
timely receipt, and enables the Department to make comments available
to the public. Comments submitted electronically through the https://www.regulations.gov Web site can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Public Inspection of Comments. In general, all properly submitted
comments will be available for inspection and downloading at https://www.regulations.gov.
Additional Instructions. In general, comments received, including
attachments and other supporting materials, are part of the public
record and are made available to the public. Do not enclose any
information in your comment or supporting materials that you consider
confidential or inappropriate for public disclosure.
[[Page 31397]]
FOR FURTHER INFORMATION CONTACT: Heidi Cohen, Office of the General
Counsel at 202-622-1142.
SUPPLEMENTARY INFORMATION: Executive Order 13783, published on March
28, 2017, states that it is in the national interest to promote clean
and safe development of energy resources, while at the same time
avoiding regulatory burdens that unnecessarily encumber energy
production, constrain economic growth, and prevent job creation.
Section 2 of the Order requires the head of each executive department
and agency to review all of the agency's existing regulations, orders,
guidance documents, policies, and any other similar agency actions that
potentially burden the development or use of domestically produced
energy resources, with particular attention to oil, natural gas, coal,
and nuclear energy resources.
The Department of the Treasury, pursuant to Executive Order 13783,
is undertaking a review of its regulatory, subregulatory, and other
policy documents that could potentially burden the safe, efficient
development of domestic energy resources. To assist in this effort, the
Department invites members of the public to submit views or
recommendations on those items, including regulations, forms, policies,
orders, and related documents, the removal or modification of which
could reduce burdens as outlined in the Executive Order. Comments
should include specific references to form numbers, citations, or other
identifiers and should include a description of the burden imposed and
how it could best be addressed (e.g., through repeal, modification,
streamlining efforts, regulatory flexibilities, etc.).
The Department advises that this notice and request for comments is
issued for information and policy development purposes. Although the
Department encourages responses to this notice, such comments do not
bind the Department to take any further actions related to the
submission.
Dated: June 27, 2017.
Brian Callanan,
Acting General Counsel.
[FR Doc. 2017-14100 Filed 7-5-17; 8:45 am]
BILLING CODE 4810-25-P